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TRANSCRIPT
Request for Proposal
(RFP)
IDBI BANK LIMITED
Corporate Banking Group 9th Floor, IDBI Tower, WTC Complex, Cuffe Parade
Mumbai – 400 005
REQUEST FOR PROPOSAL (RFP)
For
(Sale of the Aircraft – Bombardier Challenger 605 on an “as is where is basis”, “as is what is basis”, “whatever there is basis” and “no recourse basis”)
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.
IDBI Bank Ltd, CBG -West I, Head Office – 9th
floor, IDBI
Tower, Cuffe Parade, WTC Complex, Mumbai – 400 005
PUBLIC NOTICE FOR SALE OF AIRCRAFT – BOMBARDIER CHALLENGER 605 OF
PATHBREAKING PROJECTS LTD. (EARLIER KNOWN AS ABHIJEET PROJECTS
LIMITED), PRESENTLY GROUNDED AT NAGPUR AIRPORT, MAHARASHTRA
IDBI Bank Ltd. (IDBI) invites Bids/Offers on an “as is where is basis”, “as is what is basis”,
“whatever there is basis” and “no recourse basis” from reputed and genuine parties for purchase of the
following secured assets of Pathbreaking Projects Limited (earlier known as Abhijeet Projects Limited)
(borrower) under exclusive charge to IDBI Bank Limited.
PROPERTY DESCRIPTION Reserve Price & EMD
amount
Aircraft Challenger – 605, Registration – VT-MKJ,
MSN – 5848, Year of Manufacture – 2010,
Engine – General Electric, APU – Honeywell,
Manufacturer - Bombardier
Reserve Price: USD
1,30,50,000
EMD: - Rs.1 crore
2. IMPORTANT DATES
Sale of Bid / RFP document January 19, 2015 to January 28, 2015
Dates of Aircraft Inspection January 29-30, 2015 from 11.00 am to 4.00
pm
Last Date of submission of Bid along with EMD February 03, 2015 up to 5.00 p.m.
Date of e –auction February 05, 2015
Time of e-auction 12.00 pm to 1.00 pm. (with unlimited
extension of 5 minutes each as per IST)
3. The sale would be on e-auction platform at website: https://idbi.auctiontiger.net through e-auction
service provider.
4. The interested bidders shall submit their Bid along with EMD & KYC documents (as detailed in
RFP documents). On receipt of the EMD, the bidders shall receive user id / password on their valid
email id (mandatory for e-auction) from the e-auction service provider.
5. For detailed procedure, terms and conditions of the auction process, intending bidders may arrange
to obtain Bid / RFP Document from Shri M V Apparao, Deputy General Manager (T) 022 –
66552223 (M) 08422992442 (e-mail) – [email protected], or from Shri Rajeev Kumar Jha,
Asst. General Manager (T) 022 - 66552715 (M) 09867103815 (e-mail)-
[email protected] & Shri Arnab Sarbadhikari, Manager, (T) 022-66552899 (M)
09320990535 (e-mail)- [email protected], on any working day (except Saturday)
between 11.00 am to 4.00 pm during 19/01/2015 to 28/01/2015.
6. For further details refer to RFP documents. The bid/RFP document can also be downloaded from
IDBI website (www.idbi.com) and https://idbi.auctiontiger.net.
7. Interested buyers may contact the above officials of the bank for an inspection of the Aircraft.
8. IDBI Bank reserve the right to cancel the bidding process without any reason whatsoever.
Place : Mumbai
Date : January 19, 2015
Authorised Signatory
IDBI Bank Ltd
The above notice was published in the following newspapers on January 19, 2015.
i) Economic Times (English) – All India Edition
ii) Maharashtra Times (Marathi) – All Maharashtra
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Document Control Sheet
Name of the Company IDBI Bank Limited
Purpose Sale of the Aircraft – Bombardier Challenger 605 (“Aircraft”) on an “as is where is basis”, “as is what is basis”, “whatever there is basis” and “no recourse basis”
Mode of Bid Online/ e-auction EMD Rs.1 crore by way of Demand Draft or Bank
Guarantee from any reputed Indian private /nationalized bank in favour of IDBI Bank Limited payable at Mumbai
Bid Document Issue Date and Time [January 19, 2015, 11.00 am]
Bid Document Validity End Date and Time
[January 19, 2015 to January 28, 2015, 5.00 pm]
Date and time for inspection of Aircraft
[January 29-30, 2015, from 11.00 am to 4.00 pm]
Last Date and Time for bid submission
[February 03, 2015, 5.00 pm]
Date and Time of Bid opening February 04, 2015, 11.00 am Date and Time of e-auction [February 05, 2015, 12.00 pm to 1.00 pm
with unlimited extension of 5 minutes each as per IST]
Email address for communication [[email protected], [email protected]]
Address for submission of bids Kind Attention: [M V Apparao, Rajeev Kumar Jha] IDBI Bank Limited, Corporate Banking Group, IDBI Tower, 9th Floor, WTC Complex, Cuffe Parade, Mumbai – 400 005
Note: (i) This document is IDBI Bank’s property and shall not be transferable. (ii) If a holiday is declared on the dates mentioned above, the bids shall be received/ opened on the next working day at the same time specified above.
IDBI Bank Limited
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DISCLAIMER
The information contained in this Request for Proposal (RFP) document or information
provided subsequently to the bidder(s) or applicants whether verbally or in documentary form,
by or on behalf of IDBI Bank Limited (IDBI Bank), is provided to the bidder(s) on the terms and
conditions set out in this RFP document and all other terms and conditions, subject to which
such information is provided.
This RFP document is not an agreement and is not an offer or invitation to offer by IDBI Bank to
any parties, other than the applicants who are qualified to submit the bids (“Bidders”). The
purpose of this RFP is to provide the Bidder(s) with information to assist the formulation of
their proposals. This document has been prepared on the basis of information provided by
Pathbreaking Projects Limited (earlier known as Abhijeet Projects Limited) and the
representations made by it. While this document has been prepared in good faith, no
representation or warranty, express or implied, is or will be made, and no responsibility or
liability will be accepted by IDBI Bank or any of their directors, employees, advisors or agents of
IDBI Bank as to or in relation to the accuracy or completeness of this document and any liability
thereof is hereby expressly disclaimed. Each Bidder should conduct its own investigations,
analysis and should check the accuracy, reliability and completeness of the information in this
RFP and wherever necessary obtain independent advice. IDBI Bank makes no representation or
warranty and shall incur no liability under any law, statute, rules or regulations as to the
accuracy, reliability or completeness of this RFP.
IDBI Bank may in its absolute discretion, but without being under any obligation to do so,
update, amend or supplement the information in this RFP. The information contained in the
RFP document is selective and is subject to update, expansion, revision and amendment. It does
not purport to contain all the information that a Bidder may require. IDBI Bank does not
undertake to provide any Bidder with access to any additional information or to update the
information in the RFP document or to correct any inaccuracies therein, which may become
apparent. IDBI Bank reserves the right of discretion to change, modify, add to or alter any or all
of the provisions of this RFP and/or the bidding process, without assigning any reasons
whatsoever. Any information contained in this document will be superseded by any later
written information on the same. Any change/ modification/ amendment/ updation/
alteration/ subsequent information will be made available to the prospective bidders/
applicants through the same mode through which the RFP/ bid document was made available
to them. IDBI Bank may in its absolute discretion, annul, suspend or withdraw this RFP without
being liable or under any obligation to any person including the Bidders. IDBI Bank also reserves
the right to reject any or all the proposals received in response to this RFP at any stage without
assigning any reason whatsoever.
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REQUEST FOR PROPOSAL
1. INTRODUCTION
IDBI Bank Limited (IDBI Bank) is a company incorporated and registered under Companies Act, 1956 (1 of 1956); a company within the meaning of Section 2 (20) of the Companies Act, 2013 and a banking company under section 5 (c) of the Banking Regulation Act, 1949 (10 of 1949). IDBI Bank is offering personalized banking and financial solutions to its clients in the retail and corporate banking arena through its large network of Branches and ATMs, spread across length and breadth of India.
2. OBJECTIVES
IDBI Bank had provided financial assistance to Pathbreaking Projects Limited (earlier known as Abhijeet Projects Limited), a company registered under the Companies Act, 1956 and a company within the meaning of Section 2 (20) of the Companies Act, 2013 and having its registered office at The Knowledge Hub, Plot No. DN-23, Sector V, Salt Lake City, Kolkata, 700091, West Bengal, India (hereinafter referred to as “the Company”) and accordingly, as security for such financial assistance, the Company has created an exclusive charge by way of hypothecation on its Aircraft – Bombardier Challenger 605 with Registration no. VT-MKJ, aircraft serial no. 5848 (hereinafter referred to as “the Aircraft” and as more particularly described in Schedule hereto). The particulars of charge creation in respect of the Aircraft have been duly registered with the Registrar of Companies at Kolkata. Due to the certain unforeseen financial constraints, the financial assistance availed of by the Company was restructured by IDBI Bank. In terms of the restructuring package, the Company was required to execute an irrevocable power-of-attorney in favour of IDBI Bank to enable IDBI Bank to sell the Aircraft and utilize the proceeds towards adjustment against a part of the outstanding dues. In the above circumstances, IDBI Bank has decided to sell the Aircraft, as the power-of-attorney holder, to the highest successful bidder for a consideration. However, the determination of the successful bidder shall be at the sole discretion of IDBI Bank and IDBI Bank shall not be liable or bound to give any reason for such decision. Accordingly, IDBI Bank, hereby, invites all the interested persons to submit their proposals/bids for acquiring the Aircraft on an “as is where is”, “as is what is”, “whatever there is” and “no recourse” basis.
3. BID SECURITY
All the bidders shall pay Earnest Money Deposit (EMD) of Rs.1 crore by way of demand draft (DD) or a bank guarantee (BG) from any Scheduled Bank in favour of IDBI Bank
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Limited. In case the EMD is paid by way of DD, the said DD shall be payable at Mumbai. In case the EMD is arranged by way of a BG, the said BG shall be in the form and manner as described in Annexure 2. EMD will not bear any interest and this amount shall be forfeited in the event of withdrawal of bid during Bid Validity Period; providing false, incorrect or misleading information or suppression of any material information; and any evasion, avoidance, refusal or delay on the part of the Bidder to sign and execute any documents, as may be required by IDBI Bank in case the bid is accepted. EMD will be returned to the non-successful Bidders on the 10th working day from the date of opening of the bid and the non-successful Bidders can collect the same on the 10th working day or subsequently.
4. INSTRUCTIONS i. The bid document or the RFP can be downloaded from the website www.idbi.com
and https://idbi.auctiontiger.net. Alternatively, prospective bidders can obtain the bid document/ RFP by emailing their requests to Shri M V Apparao (T) 022 –
66552223 (M) 08422992442 (e-mail) – [email protected], Shri Rajeev Kumar
Jha (T) 022 - 66552715 (M) 09867103815 (e-mail)- [email protected]
and Shri Arnab Sarbadhikari (T) 022-66552899 (M) 09320990535 (e-mail)-
[email protected]. For e-auction support, you may contact to Mr. Tilak
Maratha on
(M) + 91 9067799646, or 079 40230 841/844/813/814/815/816 (email)
[email protected], [email protected]. The bid document or the RFP will be available from January 19, 2015 to January 28, 2015.
ii. All the applicants shall read and study the bid document/RFP in detail before submitting their bids. Submission of bid shall be deemed to have been done after careful study and examination of the bid document with full understanding of its implications.
iii. The Bidders shall submit their bids in physical form as provided in Annexure 1 along with EMD in the form of DD/BG and other supporting documents. The bids/proposal shall be submitted in a sealed cover superscripted “Bids for acquiring Aircraft”
iv. The last date and time for bid submission shall be [February 03, 2015, 5.00 pm]. v. Bids received after the date and time mentioned in Para 4(iv) above will be
rejected. vi. The prospective Bidders, in case of any queries, may seek clarification by way of e-
mail to Shri M V Apparao (T) 022 –66552223 (M) 08422992442 (e-mail) –
[email protected], Shri Rajeev Kumar Jha (T) 022 - 66552715 (M)
09867103815 (e-mail)- [email protected] and Shri Arnab Sarbadhikari
(T) 022-66552899 (M) 09320990535 (e-mail)- [email protected]. For
e-auction support, you may contact Mr. Tilak Maratha on
(M) + 91 9067799646, or 079 40230 841/844/813/814/815/816 (email)
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[email protected], [email protected] before [January 19, 2015 to January 28, 2015]. No queries will be accepted on telephone or through any means other than e-mail or after the date mentioned above. All the queries raised and clarifications sought shall be responded via e-mail on Shri M V Apparao
(T) 022 –66552223 (M) 08422992442 (e-mail) – [email protected], Shri
Rajeev Kumar Jha (T) 022 - 66552715 (M) 09867103815 (e-mail)-
[email protected] and Shri Arnab Sarbadhikari (T) 022-66552899 (M)
09320990535 (e-mail)- [email protected]. For e-auction support, you
may contact Mr. Tilak Maratha on
(M) + 91 9067799646, or 079 40230 841/844/813/814/815/816 (email)
[email protected], [email protected] and subsequent changes made based on the suggestions and clarifications as above shall be deemed to be part of the RFP document. Any changes or addendum shall be communicated by
way of an addendum/ corrigendum uploaded on the website (www.idbi.com) and https://idbi.auctiontiger.net.
vii. Please note that all the pages of the bid document/RFP should be duly signed by the authorized signatory of the Bidder and seal of the Bidder/organization, if applicable, should be affixed on all pages.
viii. IDBI Bank reserves the right to accept or reject in part or full any or all the bids without assigning any reason whatsoever. Any decision of IDBI Bank in this regard shall be final, conclusive and binding on the Bidder.
ix. Decision as to any arithmetical error, manifest or otherwise in the response to bid document/RFP shall be decided at the sole discretion of IDBI Bank and shall be binding on the Bidder. Any decision of IDBI Bank in this regard shall be final, conclusive and binding on the Bidder.
x. IDBI Bank reserves the right to annul/re-issue/re-commence the entire bid process in case of any anomaly, irregularity, discrepancy or for any other reason whatsoever in regard thereof. Any decision of IDBI Bank in this regard shall be final, conclusive and binding on the Bidder.
xi. If a holiday is declared on any of the dates mentioned above, the bids shall be received /opened on the next working day at the same timings specified above.
xii. Each Bidder shall submit only one proposal/bid. xiii. The bid shall remain valid upto February 28, 2015, the Bid Validity Period. xiv. Only the top three Bidders in value and whose bid is complete in every respect and
whose EMD is found to be in order before the cut-off time will be permitted to participate in the e-auction process. Bid, if found incomplete in any respect, shall be liable for outright rejection.
xv. The top three Bidders, whose forms are found to be in order together with the EMD submitted by them, will be intimated by e-mail and through mobile.
xvi. These three top Bidders will then participate in the e-auction process which will be held at website: https://idbi.auctiontiger.net through e-auction service provider M/s E-Procurement Technologies Limited, Ahmedabad & Bidders can also view sale details and bidding through Auction Tiger Mobile Application (Android).
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xvii. Bidders who are not already registered with the e-auction provider M/s E-Procurement Technologies Limited, Ahmedabad should register themselves by following the procedure mentioned at the website: https://idbi.auctiontiger.net
xviii. The Bidders are necessarily required to submit following documents / papers for registration to M/s E-Procurement Technologies Limited:
a. SOI Form duly signed & filled up. Please download from https://idbi.auctiontiger.net
b. Self attested copy of Pan Card c. Self attested valid residential proof (Voter Id card, Passport copy, Ration
card, telephone bill, electric bill - any one) d. Self attested valid e mail id and mobile no.
xix. The top three Bidders whose bid is complete in every respect and whose EMD is found to be in order before the cut-off time will receive the user id and password with further directions from the e-auction provider, if any, for log in and participating in the auction through online process.
xx. After receiving the user id / password, in case any Bidder feels the need for training / e–auction support, such Bidder may contact Shri Tilak Maratha on (M) +91 9067799646, (email) [email protected] or Shri Vijay Shetty on (M) +91 9619002431, (email) [email protected]
xxi. For queries during the live auction: Auction Room Ph. No.: 9067799646 / 9619002431
xxii. IDBI Bank/ e-auction provider will not be responsible for any error occurred due to power failure / computer hardware or software error / network error etc. at the time of e-auction.
xxiii. The e - auction would be held on February 05, 2015 from 12.00 pm to 1.00 pm. The e-auction would be held with unlimited extensions of 5 minutes each, if required, on e-auction platform at website: https://idbi.auctiontiger.net. In case no further valid bids are received during the extended period, the last highest bid received would be treated as the successful bid and auction would be treated as closed/terminated.
xxiv. It may be noted that increase in bid amount, if any, during the e-auction period shall be made as under:
a. In multiples of USD 50, 000 b. Increase in bid amount below USD 50, 000/- will be rejected c. First bid should be at least equal to the bid made by the highest Bidder out
of the top three Bidders. xxv. The Bidder whose bid amount is the highest at the end of the e-auction shall be
considered the Successful Bidder. xxvi. The Successful Bidder would be informed in writing about the acceptance of the
bid and the Successful Bidder will be required to deposit 10% (ten per cent) of the bid amount (less the amount of EMD) within 5 working days (from the date of letter intimating acceptance of bid) by way of a crossed account payee Demand
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Draft/Pay Order drawn in favour of "IDBI Bank Limited - A/c Pathbreaking Projects Limited” payable at Mumbai issued by any Scheduled Bank.
5. TERMS AND CONDITIONS
i. The reserve price for the Aircraft has been set at [USD 13.05 million] ii. The Bidder shall:
a. furnish all the requisite information/document/authorization required under this RFP.
b. be eligible under the Indian Contracts Act, 1872 to enter into a valid and binding legal contract.
c. not be disqualified for entering into a contract under any law, statutes, rules, regulations or any order, decree or judgment by a competent judicial authority or court of law.
d. not be under a declaration of ineligibility for corrupt or fraudulent practices or money laundering or blacklisted or subject to economic sanctions with any of the Government agencies.
ii. The Bidders shall bear all cost associated with the preparation and submission of their bids. IDBI Bank is not bound to accept any bids, and reserves the right to annul the selection process at any time prior to actual transfer of the Aircraft, without thereby incurring any liability in any form, to the Bidders.
iii. Without limiting its rights in law or otherwise, IDBI Bank reserves the right, in its absolute discretion, at all times, in relation to accepting or rejecting any bid; varying or discontinuing the RFP and related processes. IDBI Bank shall not be bound to give reasons for any decision made under this clause and its decision will be final and binding on all Bidders.
iv. If any information sought in this document is missing or not clearly specified by the Bidder, it will be assumed that the Bidder is not in a position to supply the information.
v. If need arises, IDBI Bank can call for any additional information not specified above.
vi. The amount of EMD and other payment made by the Bidders shall carry no interest;
vii. The Aircraft is being sold on “as is where is”, “as is what is”, “whatever there is” and “no recourse” basis. All statutory liabilities / taxes / maintenance fee / dues etc., outstanding as on date as well as those that are yet to fall due would be ascertained by the Bidder (s) and would be borne by the Bidder;
viii. The Bidder, irrespective of his/her participation in the bidding process, shall treat the details of the documents as secret and strictly confidential.
ix. The Bidders shall be deemed to have inspected and approved the Aircraft to their satisfaction. For this purpose, the prospective Bidders/ Bidders may, at their own cost and expenses, carry out comprehensive due diligence in respect of the Aircraft and verify the details of the Aircraft and any other relevant
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information before submitting the bids. It shall be presumed that the Bidder has satisfied himself/herself about the names, descriptions, particulars, quantities, qualities, specifications, measurements, of the Aircraft and that the Bidder concurs or otherwise admits the identity of the Aircraft notwithstanding any discrepancy or variation, by comparison of the description in the particulars of the Aircraft and their condition.
x. The Bidder shall not be entitled to claim re-imbursement of any expenses which may have been incurred in preparation and submission of the bid and/or for carrying out due diligence, search of titles to the Aircraft and matters incidental thereto or for any other purpose in connection with this RFP document and matters incidental thereto.
xi. The bid document/ RFP shall not be detached one from the other and no alteration or mutilation (other than filling in all the blank spaces) shall be made in any of the documents attached thereto.
xii. IDBI Bank reserves the right to retain the EMD of top three Bidders for three months from the date of e-auction. It is again clarified that the amount of EMD will not carry any interest. The EMD of other Bidders will be returned within 10 working days from the date of e-auction.
xiii. IDBI Bank will intimate in writing the acceptance of the bid made by the Successful Bidder and the Successful Bidder shall, within 5 days of the letter, deposit 10% (ten per cent) of the bid amount (less the amount of EMD) by way of a crossed account payee Demand Draft/Pay Order drawn in favour of "IDBI Bank Limited - A/c Pathbreaking Projects Limited” payable at Mumbai issued by any Scheduled Bank.
xiv. In case the Successful Bidder fails to deposit 10% of the bid amount in the aforesaid account, IDBI Bank shall forfeit the EMD and in case the Successful Bidder retracts after paying 10% of the bid amount, IDBI Bank shall forfeit the 10% of the bid amount so deposited including the EMD. The Successful Bidder who fails to deposit 10% of the bid amount or retracts after payment shall forfeit all claims to the Aircraft or to any part of the sum for which it may be subsequently sold
xv. The Successful Bidder shall be required to make payment for the balance bid amount within 30 days of the letter intimating acceptance of bid or such extended period as may be granted by IDBI Bank at its sole and absolute discretion. The Successful Bidder shall arrange to take possession of the Aircraft immediately thereafter. It is explicitly stated that once the Aircraft is transferred by IDBI Bank, IDBI Bank shall not be held responsible for security and safe-keeping of the Aircraft. In case the Successful Bidder fails to take possession of the Aircraft as stated above, IDBI Bank reserves the right to revoke the transfer and shall have the right to forfeit 100% (hundred per cent) of the bid amount paid by the Successful Bidder.
xvi. The Bidder shall bear and pay the stamp duty, registration charges, applicable taxes, and other out-of-pocket expenses that may arise or be incurred in respect
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of the transfer of the Aircraft and also for transfer of the Aircraft in favour of the Successful Bidder. It is expressly stipulated that it shall solely be the obligation of the Bidder, at his/her cost, to do all acts, things and deeds whatsoever for the completion of the sale including payment of all statutory liabilities / tax / maintenance fee etc. outstanding as on date and yet to fall due. The same would be ascertained by the Bidder(s) and would be borne by the Successful Bidder.
xvii. The submission of a bid means and implies that the Bidder has unconditionally and irrevocably agreed to and accepted all the above terms and conditions.
xviii. The Bidders understand and agree that time hereinabove fixed for the observance and performance by the Bidder of any of the obligations is of the essence.
xix. IDBI Bank shall be at liberty to amend/modify/delete/drop any of the above conditions as may be deemed necessary in the light of the facts and circumstances.
xx. The entire procedure of e–auction, the sequence of inter-se bidding etc. shall be at IDBI Bank’s sole and absolute discretion and the intending Bidders shall have no right whatsoever to object to the same.
xxi. IDBI Bank reserves the right and liberty to accept/reject any or all the bids and also reserves the right to cancel the entire sale process without assigning any reasons. In case all the bids are rejected or the Successful Bidder fails to make payments as required in the bid document/ RFP or withdraws the bid, IDBI Bank, at its sole and absolute discretion, reserves the right to go for re-bidding or sell the Aircraft by any of the modes including sale by negotiation with any of the Bidders and/or other parties by private treaty and the Bidders shall have no right to object to the same.
xxii. In the event the transfer in favour of the Successful Bidder not being confirmed by IDBI Bank, otherwise than on account of the willful default of the Successful Bidder or if the sale is set aside by an order of the Court/Tribunal, then in that event the sale shall be void and the Successful Bidder shall, in that event be entitled only to receive back the EMD or the BG, as the case may be, and/or the part of the bid amount already paid, but without interest, and the Bidder shall not be entitled to be reimbursed for any costs, charges and expenses of and incidental to the said sale and investigation of title or any other costs incurred in this relation.
6. PRE-BID SCRUTINY
The documents in respect of the Aircraft (hereinafter referred to as the “Underlying Documents”) shall be available for physical verification and scrutiny by the applicants for a period of [2] days on January 29-30, 2015 between 1100 hours to 1600 hours at the following address: Address: Nagpur Airport.
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7. SUBMISSION OF BIDS
The Bidders shall submit their bids in the form and manner as specified in Annexure 1 along with the following documents in physical form:
i. Certified true copy of Board Resolution (in case of company) towards authorizing the signatory to sign all documents in respect of RFP;
ii. DD/BG on account of EMD; iii. KYC documents (PAN card / Address proof); iv. Letter of acceptance of all the terms and conditions of the RFP/bid document;
and v. Any other document as IDBI Bank may request the Bidder to submit.
The bids shall be summarily rejected if the bids are not accompanied with the required EMD.
8. OPENING OF BIDS AND EVALUATION The bids submitted under this RFP will be opened on February 04, 2015 at 11.00 am hours. The Bidders may, at their discretion, remain present at the time of opening of bids. The purpose of the biding process is to determine the top three Bidders. In order to determine the same, IDBI Bank shall adopt the following process:
i. IDBI Bank will examine the bids to determine whether they are complete, whether any computational errors have been made, whether required documents have been furnished, whether the documents have been properly signed, and whether the bids are generally in order.
ii. IDBI Bank may, at its sole discretion, waive any minor informality, nonconformity, or irregularity in a bid which does not constitute a material deviation, provided such waiver does not prejudice or affect the relative ranking of any Bidder. The decision of IDBI Bank in this regard shall be final and binding.
iii. During evaluation of the bids, IDBI Bank may, at its discretion, ask the Bidder for providing clarification and/or any other information/documents on any point mentioned in its bid. The request for clarification/information/document and the response shall be by way of email and shall be subject to Para 9 (Communications) of this RFP.
9. COMMUNICATIONS All communication relating to this RFP shall be by way of e-mail. All communications to IDBI Bank shall be sent to Shri M V Apparao (T) 022 –66552223 (M) 08422992442 (e-
mail) – [email protected], Shri Rajeev Kumar Jha (T) 022 - 66552715 (M)
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09867103815 (e-mail)- [email protected] and Shri Arnab Sarbadhikari (T)
022-66552899 (M) 09320990535 (e-mail)- [email protected]. For e-auction
support, you may contact Mr. Tilak Maratha on
(M) + 91 9067799646, or 079 40230 841/844/813/814/815/816 (email)
[email protected], [email protected]. No communication from any email address other than the e-mail address indicated in the proposal by the Bidders shall be entertained by IDBI Bank.
10. MISCELLANEOUS
a. Governing Laws/Jurisdiction
All matters relating to this document shall be governed by Indian laws and courts in Mumbai shall have the sole and exclusive jurisdiction to decide or adjudicate on any matter, which may arise in relation to this document.
b. Confidentiality The applicants/bidders agree that they will hold in trust, all the confidential or proprietary information furnished, in whatever form or medium, or disclosed verbally or otherwise by IDBI Bank, including but not limited to this RFP document and the Underlying Documents (hereinafter referred to as the “Confidential Information”) and the strictest of confidence shall be maintained in respect of such Confidential Information. The applicants/bidders also agree:
i. to maintain and use the Confidential Information only for the purpose and as permitted herein;
ii. to make copies only as specifically authorized by the prior written consent of IDBI Bank;
iii. to restrict access and disclosure of Confidential Information to such of their employees, agents, consultants and advisors strictly on a "need to know" basis, to maintain confidentiality of the Confidential Information disclosed to them in accordance with this Clause;
In the event that the applicants/bidders become legally compelled to disclose any Confidential Information, such applicant shall give sufficient notice to IDBI Bank to enable it to prevent or minimize to the extent possible, such disclosure. The applicant shall not disclose to a third party any Confidential Information or the contents of this RFP without the prior written consent of IDBI Bank. The provision of this clause shall survive termination/successful completion, as the case may be of the bidding process till such Confidential Information enters public domain.
c. Indemnity The applicants/bidders shall save and keep harmless and indemnified IDBI Bank, including its respective directors, officers, employees, agents and representatives and keep them indemnified from and against any claim, costs, charges, damages, demand, losses, liabilities or expenses of any nature and kind whatsoever and by whomsoever made arising out of any violations of the applicable laws, rules, regulations, guidelines, intellectual property rights, confidentiality in relation to this RFP document and the purpose thereto.
14
SCHEDULE
BRIEF DESCRIPTION OF THE AIRCRAFT
Aircraft - Bombardier Challenger – 605, Registration – VT- MKJ Aircraft Serial No – 5848 Year of Manufacture – 2010 Engine Manufacturer – General Electric APU Manufacturer – Honeywell Warranty Status:
Warranty Coverage (Support Programs – Engines on GE OnPoint, APU on MSP, Airframe on Smart Parts Plus – inactive due default of payments)
Completion 05 Jan 2014
Manufactured Parts 05 Jan 2015
Vendor Parts 05 Jan 2015
Avionics 05-Jan-2017
APU 05-Jan-2018
Structure 05-Jan-2022
Tech Pubs 05 Jan 2015
Basic Empty Weight 12,083.40 Kg MTOW 21,863 kg
Maintenance:
1. All MPD Tasks (excluding 12 months due on 27/12/2013 & 24 Months due on 05/01/2014) were carried out till 31 Dec 2013.
2. SRPSA 18194, Dated 8th Aug 2014: Return-to-service Recommendation for lack of Proper Aircraft Preservation
Aircraft Documents:
Description Validity
Certificate of Registration 20/01/2012
Certificate of Airworthiness 05/01/2017
Annual Review Certificate 03/02/2014
Noise Certificate N/A
Aero-Mobile License 31/12/2014
Weight Schedule 08/06/2016
Insurance 26/06/2015
15
ANNEXURE 1
PROPOSAL
(For Individuals)
REF: [Location, Date]
To: IDBI Bank Limited, Corporate Banking Group, IDBI Tower, 9th Floor, WTC Complex, Cuffe Parade Mumbai – 400 005
Kind attention: Shri M V Apparao Sirs, I/We, the undersigned, offer to acquire, on an “as is where is”, “as is what is”, “whatever there
is” and “no recourse” basis, the Aircraft in accordance with your RFP dated *•] for a
consideration of Rs. *•] (Rupees [•] only). We hereby submit the DD drawn on [•] Bank dated [•]
payable at [•] for an amount of Rs. [•] / BG dated [•] Issued by [•] Bank for an amount of Rs.
[•] [strike out whichever is not applicable], towards EMD.
I/We have read and understood the terms and conditions stipulated in the RFP and hereby
irrevocable undertake and agree to all the terms and conditions. I/We understand that
submission of this proposal/ bid confirms that we are aware of all the terms and conditions and
that submission of this bid shall be deemed to mean that I/We have carried out due diligence in
respect of the RFP, the Aircraft and other incidental matters. In case any information is found to
be incorrect/ incomplete, I/We shall not hold IDBI Bank responsible for the same and shall not
have any claim whatsoever.
I/We understand that this proposal may be considered for the purpose only after you have
received the supporting documents to be submitted in physical form in accordance with the
RFP.
We understand you are not bound to accept this or any other proposal that you may receive.
I/We understand that time is of the essence for completing the acquisition formalities of the
Aircraft and I/we agree and undertake to abide by it.
16
1 a) Full Name of the Bidder
(in Block letters)
:
b) Complete Postal Address with PIN
Code, Telephone Nos.; Fax Nos.;
Website, etc.
:
c) Mobile Nos. :
d) E-mail ID :
2 Brief particulars of business (if any) :
3 Relationship, if any, the Bidder has with
any employee of IDBI Bank Limited
:
4 Name and particulars of the
Company/Firm/Person in whose name
the Aircraft are to be purchased
:
5 Details of Earnest Money
Deposit (EMD)
:
i) Demand Draft No. / Pay Order
No./Bank Guarantee No.
:
ii) Date of Demand Draft / Pay
Order/Bank Guarantee No.
:
iii) Name of the issuing Bank and
Branch
:
6 Income Tax Permanent Account
Number(s) (PAN) of Bidder
:
We hereby declare that all the information and statements made in this response are true and
correct and accept that any misrepresentation contained herein may lead to our
disqualification. Yours sincerely,
Authorized Signature [In full and initials]:
Name and Title of Signatory: Address:
17
PROPOSAL
(For Company/ Partnership/ Proprietorship)
REF: [Location, Date]
To: IDBI Bank Limited, Corporate Banking Group, IDBI Tower, 9th Floor, WTC Complex, Cuffe Parade Mumbai – 400 005
Kind attention: Shri M V Apparao Sirs, I/We, the undersigned, offer to acquire, on an “as is where is”, “as is what is”, “whatever there
is” and “no recourse” basis, the Aircraft in accordance with your RFP dated *•] for a
consideration of Rs. *•] (Rupees [•] only). We hereby submit the DD drawn on [•] Bank dated [•]
payable at [•] for an amount of Rs. [•] / BG dated [•] Issued by [•] Bank for an amount of Rs.
[•] [strike out whichever is not applicable], towards EMD.
I/We have read and understood the terms and conditions stipulated in the RFP and hereby
irrevocable undertake and agree to all the terms and conditions. I/We understand that
submission of this proposal/ bid confirms that we are aware of all the terms and conditions and
that submission of this bid shall be deemed to mean that I/We have carried out due diligence in
respect of the RFP, the Aircraft and other incidental matters. In case any information is found to
be incorrect/ incomplete, I/We shall not hold IDBI Bank responsible for the same and shall not
have any claim whatsoever.
I/We understand that this proposal may be considered for the purpose only after you have
received the supporting documents to be submitted in physical form in accordance with the
RFP.
We understand you are not bound to accept this or any other proposal that you may receive.
I/We understand that time is of the essence for completing the acquisition formalities of the
Aircraft and I/we agree and undertake to abide by it.
18
1. a) Name of the Company/ Firm/ Party
(in Block letters)
b) Complete Registered Address
c) Complete Correspondence Address
with PIN Code, Telephone Nos.;
Fax Nos.; Website, etc.
2. Date of Incorporation
3. Constitution (Private/Public/Joint)
4. Name of Chairman
5. Name of Managing Director / Partners
6. Board of Directors a)
b)
c)
d)
e)
f)
7. Income tax PAN No.
(attested copy of PAN card of the
company to be attached)
8. Date of Last Income Tax Return
(Enclose copy of last 3 years' Income
Tax clearance certificate)
9 a) Full Name of the Authorised
Person to carry out e-auction on
behalf of the company/firm /party (in
Block letters)
(Original Authorised letter to be
attached to carry out the e-auction
process)
:
b) Complete Postal Address of the
Authorised person with PIN Code,
Telephone Nos.; Fax Nos.; Website,
etc.
:
c) Mobile Nos.
19
d) E-mail ID
10 Designation of the Authorised Person :
11 Relationship, if any, the
Bidder/Offerer has with any employee
of IDBI Bank Ltd.
:
12 Details of Earnest Money Deposit
(EMD)
:
i) Demand Draft No. /
Pay Order No./Bank Guarantee No.
:
ii) Date of Demand Draft /
Pay Order/Bank Guarantee No.
:
iiii) Name of the issuing
Bank and Branch
:
It is hereby confirmed that I/We are entitled and authorized to act on behalf of our
corporation/company/ firm/organization and empowered to sign this document as well as such
other documents, which may be required in this connection.
We hereby declare that all the information and statements made in this response are true and
correct and accept that any misrepresentation contained herein may lead to our
disqualification. Yours sincerely,
Authorized Signature [In full and initials]:
Name and Title of Signatory:
Name of Firm: Address:
20
ANNEXURE 2
Format of BG for EMD
THIS GUARANTEE AGREEMENT executed at *•+ this *•+ day of *•+, Two thousand and thirteen
(hereinafter referred to as the “Guarantee”)
BY
*•+, a company registered under the Companies Act, 1956 (1 of 1956) and a banking company within the
meaning of Section 5 (c) of the Banking Regulation Act, 1949 (10 of 1949) and having its registered office
at *•+ and a branch office at *•+ (hereinafter referred to as “the Guarantor”, which expression shall,
unless it be repugnant to the subject, meaning or context thereof, be deemed to mean and include its
successors and assigns)
IN FAVOUR OF
IDBI BANK LIMITED, a company registered under the Companies Act, 1956 (1 of 1956) and a banking
company within the meaning of Section 5 (c) of the Banking Regulation Act, 1949 (10 of 1949) and
having its registered office at IDBI Tower, WTC Complex, Cuffe Parade, Mumbai – 400 005 (hereinafter
referred to as “Bank” which expression shall unless it be repugnant to the subject, meaning or context
thereof, be deemed to mean and include its successors and assigns),
WHEREAS Bank had called for the bids for transferring an Aircraft – Bombardier Challenger 605 with
Registration no. VT-MKJ, aircraft serial no. 5848 (hereinafter referred to as “the Aircraft”), on an
“as is where is”, “as is what is”, “whatever there is” and “no recourse” basis, and for the purpose,
*•+(hereinafter referred to as the "Bidder") has submitted their bids to the Bank subject to the terms
and conditions contained in the Request for Proposal dated *•+ (RFP).
AND WHEREAS in terms of the said RFP, inter alia, the Bidder is required to pay to the Bank earnest
money deposit (EMD) by way of an unconditional and irrevocable bank guarantee for Rs. *•+ (Rupees *•+
only), in favour of the Bank, issued by a reputed Indian private/nationalized bank.
AND WHEREAS at the request of the Bidder, the Guarantor has agreed to issue the guarantee in favour
of the Bank for the said sum of Rs. *•+ (Rupees *•+ only).
NOW THEREFORE THIS AGREEMENT WITNESSETH AS FOLLOWS:
In consideration of the above premises, the Guarantor hereby unconditionally, absolutely and
irrevocably guarantees to the Bank as follows:
21
1. The Guarantor hereby guarantees and undertakes to pay, on demand and without demur, reservation, contest, recourse or protest or without any reference to the Bidder, to the Bank forthwith all monies payable by the Bidder towards EMD to the extent of Rs. *•+ (Rupees *•+ only). Any such demand or claim made by the Bank, on the Guarantor shall be final, conclusive and binding without the Bank needing to prove or demonstrate reasons for its such demand and notwithstanding any difference or any dispute between the Bank and the Bidder or any dispute between the Bank and the Bidder pending before any Court, Tribunal, Arbitrator, or any other authority.
2. The Guarantor agrees and undertakes not to revoke this Guarantee during the currency of these presents, without the previous written consent of the Bank and further agrees that the Guarantee herein contained shall continue to be enforceable until and unless it is discharged earlier by the Bank, in writing.
3. To give effect to this Guarantee, the Bank, may act as though the Guarantor was the principal debtor to the Bank
4. The liability of the Guarantor, under this Guarantee shall not be affected by
a. any change in the constitution or winding up of the Bidder or any absorption, merger or b. amalgamation of the Bidder with any other company, corporation or concern; or c. any change in the management of the Bidder or takeover of the management of the
Bidder by the Government or by any other authority; or d. acquisition or nationalization of the Bidder and/or of any of its undertaking(s) pursuant
to any law; or e. any change in the constitution of Bank; or f. any change in the set up of the Guarantor which may be by way of change in the
constitution, or g. winding up, voluntary or otherwise, absorption, merger or amalgamation or otherwise;
or the absence or deficiency of powers on the part of the Guarantor to give Guarantees and/or indemnities or any irregularity in the exercise of such powers.
5. This Bank Guarantee shall be valid for a period of *•+.
6. This guarantee shall be binding upon the Guarantor and its successors-in-interest and shall be irrevocable.
7. Notwithstanding anything contained hereinabove, the liability of the Guarantor hereunder shall not exceed Rs. *•+ (Rupees *•+ only) This Guarantee will expire on *•+ unless extended for a
22
further period. Any demand or claim in writing under this Guarantee must be received by the Guarantor on or before *•+.
8. For all purposes connected with this Guarantee and in respect of all disputes and differences under or in respect of these presents or arising there from the courts of *•+ shall alone have jurisdiction to the exclusion of all other courts.
IN WITNESS WHEREOF the Guarantor has caused these presents to be executed on the day,
month and year first herein above written as hereinafter appearing.
SIGNED AND DELIVERED BY
the within named Guarantor,
______________________,
by the hand of Shri.__________,
its authorised official.