We ____________________ (full name of the banker) hereby refer to the tender for (fill in the name of work) between the Airports Authority of India as purchaser and M/s. (fill in the name of bidder) as bidder providing in substance for the provision for
___________________ as particularised in said tender, to which specific reference is made.
Under the terms of said tender, the bidder is required to provide a bank guarantee in a form acceptable to the purchaser for the amount of US$ ____________ on account of EMD.
In view of the foregoing and pursuant to the terms of the said tender, which tender is referred to and made a part thereof as fully and to the same extent as if copied at length hereon, we hereby absolutely and unconditionally guarantee to the purchaser, performance of the terms and conditions of the said tender. The guarantee shall be construed as an absolute, unconditional and direct guarantee of the performance of the tender without regard to the validity, regularity or enforceability of any obligation of the parties to the tender.
The purchaser shall be entitled to enforce this guarantee without being obliged to resort initially to any other security or to any other remedy to enforce any of the obligations herein guaranteed any shall pursue any or all of its remedies at one or at different times. Upon default of the tender, we agree to pay to the purchaser on demand and without
demur the sum of US$ ______________ or any part thereof, upon presentation of a written
statement by the purchaser that the amount of said demand represents damages due from the bidder to the purchaser by virtue of breach of performance by the bidder under the terms of the aforesaid tender. The determination of the fact of breach and the amount of damages sustained and or liability under the guarantee shall be in the sole discretion of the purchaser whose decision shall be conclusive and binding on the guarantor.
It is mutually agreed that the purchaser shall have the fullest liberty without affecting in any manner our obligation hereunder with or without our consent to vary any of the terms of the said tender or to extend the time for performance by the bidder, from time to time any of the powers exercisable by the purchaser against the tender and either
Page 121 of 128 to forebear or on force any of the terms and conditions relating to the said tender and we shall not be relieved from our liability by reasons of any variation of any extension being granted to the tender or for any forbearance act or commission on the part of the purchaser or any indulgence by the purchaser to the bidder or by any such matter or thing whatsoever which under the law relating to the sureties would but for this provision have effect of so relieving our obligation.
This guarantee is confirmed and irrevocable and shall remain in effect until ________ (the validity shall be six months from the date of opening of Envelope"A") and such extended periods which shall be mutually agreed to. We hereby expressly waive notice of any said extension of the time for performance and alternation or change in any of the terms and conditions of the said tender.
Very truly yours,
Page 122 of 128 (Letter of understanding from the Depositor to Bank to be submitted along with
EMD to Airports Authority of India) The Branch Manager,
... Bank, ,
Sub:- My/Our Bank Guarantee bearing no. ... dated for ... amount ... issued in favour of Airports Authority of India
Sir,
The subject Bank Guarantee is obtained from your branch for the purpose of Earnest Money on account of contract awarded/ to be awarded by M/s AAI to me /us.
I hereby authorize the Airports Authority of India in whose favour the deposit is made to close the subject Bank Guarantee before maturity/on maturity towards adjustment of dues without any reference/consent/notice from me our side and the bank is fully discharged by making the payment to Airports Authority of India
Signature of the Depositor
Place : Date:
Page 123 of 128
CWP1-100
ANNEXURE-VII
Page 124 of 128
Annexure VIII
1 INTEGRITY PACT
This Pact made this ……day of…...…between Airports Authority of India, a body corporate constituted by the Central Government under the Airports Authority of India Act, 1994 and having its Corporate Office at Rajiv Gandhi Bhawan, New Delhi, and offices at ………..in India, hereinafter called the Authority (which term shall unless excluded by or is repugnant to the context, be deemed to include its Chairman, or Member, Executive Directors, Airport Directors, Officers or any of them specified by the Chairman in this behalf, and shall also include its successors and assigns) of the one part.
AND
……….… represented by ……… of the other part, hereinafter called the “Bidder/Contractor” (which term shall unless excluded by or is repugnant to the context be deemed to include its heirs, representatives, successors and assigns of the Bidder/Contractor)
WHEREAS the Authority intends to award, under laid down organizational procedures, tender/contract for ………... The Authority, while discharging its functions on business principles, values proper compliance with all relevant laws and regulations, and the principles of natural justice, ethics, equity, fairness and
transparency in its relations with the Bidders/Contractors;
WHEREAS the Authority is desirous to make its business mechanism more transparent, thus to ensure strict adherence of the aforesaid objectives/goals, the Authority hereby adopts the instrument developed by the renowned international non-governmental organization “Transparency International” (TI) headquartered in Berlin (Germany). The Authority shall appoint an External Independent Monitor (EIM) who shall monitor the tender process and the execution of the contract for compliance with the principles mentioned above;
AND WHEREAS the Bidder is submitting a tender to the Authority for ……… in response to the NIT (Notice Inviting Tender) dated…………/ Contractor is signing the contract for execution of...
NOW, therefore, this indenture witnesseth herewith: