rfq templatepart i - iii request for proposal1

8/13/2019 RFQ TEMPLATEPart I - III Request for Proposal1

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Bid Document Development of Ponnani Port

Government of Kerala 1

DIRECTORATE OF PORTS

FISHERIES & PORTS (E) DEPARTMENT

GOVERNMENT OF KERALA

REQUEST FOR PROPOSAL

DEVELOPMENT OF GREENFIELD PORT AT PONNANI,

MALAPPURAM DISTRICT, KERALA

ISSUED TO:

M/s. _______________________________

ISSUED BY:

Signed:___________________________

Name: Dr.Jacob Thomas

Designation: Director of Ports

Government of Kerala

Thiruvananthapuram

Kerala


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INSTRUCTION TO TENDERERS IN e-TENDERING IN PORT DEPARTMENT

TENDER NO.01/Ports/2010

NAME OF Tender: Development of Ponnani Port under PPP

1. The tender document consists of 5 parts as given belowPart 1: Project concept Swiss Challenge methodPart II: Information & Instructions to biddersPart III: AnnexuresPart IV: Brief Project profilePart V: Drawings

These documents are available on the website www.keralaports.abcprocure.comhosted by M/s. E-Procurement Technolologies.Ltd, Gujarat. Intending tenderers arerequested to go through the entire documents and get fully conversant with the

terms and conditions, specifications and nature of work involved, before quoting forthe work. Once a tenderer quotes for this work, on line through the website givenabove, it would be deemed that he has seen and understood the tender documents infull and that he agrees to the terms and conditions as per the tender documents. Thebid shall consist of two parts, the Technical Bid and the price Bid. Technical Bid willbe evaluated first and Price Bid of only those who are technically qualified will beopened. Any document that may be required to be produced to establish the profileof the tenderer shall be produced through uploading scanned copies. (Originals forverification later on and attested copies for record) should be sent through courierwithin five days on request from Port Department failing which the tender will berejected and EMD forfeited.

2. Aspiring bidders who have not requested or obtained the user ID & Password forparticipating in e-tendering in Port Department, may now obtain by e-mailing thedetails prescribed in the website www.keralaports.abcprocure.com Alternativelyany person can send a request for user ID and pass word through letter/mail/fax toVanitha Gopinath or Richa pandit, e-Procurement Technologies.Ltd, B-705, WallStreet- II, Opp.Orient Club, Nr. Gujarat College, Ahmedabad 380 006, Gujarat,India (Cell phone 0-9898704562, 07940016867 Fax (079) 400116876, Website www.abcprocure.com, E-mail: [email protected] so as to reach her from 15-7-2010and on or before 10thSeptember 2010.

3. A training programme on e-tendering will be conducted for the aspiring biddersat 11.00 AM on 30-08-2010 at our Head office Directorate of Ports , New CorporationBuilding, LMS Jn, Palayam, Thiruvananthapuram -33.Those prospective bidderswho wish to undergo training should reach our Head office in time. However youare requested to inform this to us through our e mail [email protected] atleast one day before.

4. Bidders can download the e-tender form (tender document)


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5. Bidders can access the e-tender from 15-07-2010 from 10 hours

6. Those who are not well versed with computers and e-tendering procedures cancome to the Head office at least one day before the tender and contact Capt. Hari

Achutha Varrier, Deputy Director of Ports. All the required help and facilitation willbe provided for submission of tender through electronic mode.

7. Last date and time for the submission of completed tender documents in the e-tender website is13.30 hours on 15/09/2010. All mandatory fields / spaces in thetender documents/ schedules should be filled up. Incomplete information is liable tobe rejected.

8. The Technical Bid of the tender will be opened at 13.30 hours on 15/09/2010. ThePrice Bid of the tender will be opened at the Directorate of Ports at 1600 hours on15/09/2010. Tenderers or their authorized representative are requested to attend

the bid opening. There will not be any separate communication regarding the pricebid opening, in the normal circumstances. If for any reasons like more time is neededfor technical evaluation, a separate price bid opening time will be communicatedthrough email to the bidders who have submitted there bids on time.

9. EMD should be in the form of Demand Draft in favour of Director of Ports payableat Thiruvananthapuram, uploaded on the website plus sent through courier.

10. Bidders can access tender documents on the website, fill them and submit thecompleted tender documents in electronic tender box on the website itself.. The

EMD details should be filled and EMD should be sent by courier/ post/ handdelivery at the Directorate of Ports so as to reach before 13.30 hours on 15/09/2010.

11. Any document submitted through post/courier/by hand is at the risk of bidders(ie. Port Dept is not responsible for any delay/loss) except those documentsseparately mentioned in the bid like DD etc.

12. Corrigendum will be published in the website only for allmodifications/corrections, if any, which may be read before submitting the tender.

If any tenderer wants any clarifications, help or assistance, they can contact theDirectorate of Ports by e-mail/fax/letter at least 10 days before the last date oftender submission. A users manual can also be sent to any registered tenderer foradditional help for participating in the e-tender.


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DIRECTOR OF PORTS

FISHERIES & PORTS DEPARTMENT

GOVERNMENT OF KERALA

INTERNATIONAL COMPETITIVE BIDDING (ICB)

Government of Kerala invites Online Tender for the DEVELOPMENT OF

PONNANI PORT PROJECT from interested Parties to the Director of Ports,

Thiruvananthapuram, Kerala.

Sl_No.

1 Nature of Work Development of Deepwater Ponnani Port in

Malappuram District, Kerala on BOT basis through

Swiss Challenge Method.

2 Cost of BidDocument

Rs 26000.00 (Rupees Twenty Five Thousand) Only

3 Document

Download Date

StartDate

Closing Date

Document can be downloaded from

keralaports.abcprocure.com

15thJuly 2010

30thAugust 2010

---------

----------

4 Last Date of Online

Bid Submission andTime

15th September 2010 at 1.30 PM (13.30 Hrs- Indian

Standard Time)

1. Tenders are invited from all interested parties having sound technical &financial background, who individually or together with partners andassociates have expertise or experience in developing or constructing oroperating of port projects.


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2. Evaluation of bidders will be done by Government of Kerala.

3. All information and instructions related to this tender are given in the BidDocuments .

4. The bid documents can be Downloaded from keralaports.abcprocure.comagainst a non-refundable fee, as per details given in table above, in the form ofa Demand Draft on any scheduled bank in favour of Director of Ports payableat Thiruvananthapuram which can be sent as DD through courier so as toreceive before the tender opening date.

5. Bidder can download documents after logging to keralaports.abcprocure.com. As bidder has to download the documents after logging to the website,record can be maintained in the system.

6. Bid Documents cannot be downloaded on behalf of principal as the User IDand Password will be issued to the Tenderer only However the Bid will beissued in the name of the Principal only and the Principal shall be responsiblefor quoting the Bid.

7. Bid shall be submitted through Online Mode only, before the date and time asspecified in the table above.

8. Bidder can submit online Bid on their convenient date and Time (before thelast date of Tender submission)

9. Department reserves the right to reject any bid without assigning any reasonthereof on account of non compliance of any conditions and guidelines andon account of incomplete, confusing, frivolous bid documentation.

10.Bids should be valid for 90 days from the Last date of submission of the bidsand may be extended further if considered necessary by the Department.

11.All other details are available in the Bid documents.12.For any query one may contact through e-mail and or fax

e-mail : portsdir@asianetindia .com

fax : 91-4712324533

Sd/------

DIRECTOR OF PORTS/---------


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PART I

PROJECT CONCEPT Swiss Challenge Method

1. Current Scenario

The Maritime State of Kerala has a coastline of around 590 Kms. Besides the Port of

Kochi (a Major Port governed by Major Port Trusts Act, 1963), there are 17

Intermediate & Minor Ports in Kerala. The Minor and Intermediate Ports are under

the Administration of Government of Kerala. The Ports are administered directly by

the Director of Ports who is headquartered at Thiruvananthapuram. There are three

regional officers at Neendakara, Alappuzha and Kozhikkode.

Most of the minor and intermediate ports in the State are yet to be developed into

modern alongside port facilities and the Govt of Kerala has initiated various steps to

achieve the development of these ports.

Recognizing the need to develop the ports in a time bound manner, but not having

adequate resources for the same, Government of Kerala has decided to encourage

private sector participation through Port Policy objectives such as:.

a) Increase the share of the State of Kerala in maritime trade of India. Kerala

shall target a place among the top three maritime States of the country in

terms of cargo handled over the next decade.

b) Facilitate achievement of optimal multi-model transport and logistic chain

outcomes by establishing an efficient and commercially viable transport

system. This will be achieved by carrying out co-ordinated development

of multi-purpose ports, transshipment bunks, inland waterways, coastal

shipping inland terminal cargo handling and storage facilities, railways

and road linkages.

c) Promote port based and Maritime Industries.d) Ensure protection of environment and coastal zones.

e) Promote establishment of passenger terminal and marinas.

f) Invite and encourage private sector participation in ports, support services

and other infrastructure on commercial basis in order to fulfill the

objectives of this Policy.


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Proponent for its ideas, efforts and expenses incurred upon award as specified in

this document .

4. Swiss Challenge for Ponnani Port Project

As explained in para 3 GoK has decided to follow Swiss Challenge Method of

award for the development of Ponnani Port as per GOKs GO.(Ms.) No.

40/08/F&PD dated 04/07/2008, attached at the end of this Bid Document. M/s

Malabar Port Pvt Ltd (MPPL ), the original proponent has completed studies for the

project (DPR) as per the GO which includes Technical studies, Traffic Studies,

Reconnaissance Survey for Rail & Road connectivity, Bathymetry & Oceanography

survey, Soil Studies (Marine & Land), Topographical Survey, etc.

The GOK has also approved this DPR since then and has decided to call for this

global tender to seek the best rate of Revenue share from experienced parties /

parties with expertise as per the above referred GO. MPPL cannot participate in the

tender and will be offered the opportunity to match the best bid terms received. If

they do so, they will be selected to build the Port and run it commercially and the

Government of Kerala will enter into a concession/license agreement with MPPL,

who will then implement and operate the Port project. If MPPL does not match the

winning bid, the compensation amount specified in this bid document will be paid

to them by the party who has quoted the best bid in accordance with the terms of thebid and GOK would thereafter issue Letter of Award (LOA) to the best bidder for

implementation of the project.

5. Compensation Amount

As explained in para 6, if MPPL does not match the winning bid a compensation

amount of Rs.10,00,000/-(RS.Ten lakhs only), will be given to MPPL by the party

who has quoted the best bid and is the chosen Best Bidder (Proposed Developer).

All interested bidders participating in the tender thus unambiguously undertake to

pay the compensation amount to M/s Malabar Port Pvt Ltd, within 30 days of

opening of the price bid if their bid is the winning bid and MPPL does not match the

winning bid, within 7 days of the opening of the price bid, in writing


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6. Role of Government of Kerala

The investor will not be given any financial assistance by Government for the port or

any supporting Infrastructure including new rail, widening of existing road, water

supply, electricity at any stage in the development process. Government will only be

a facilitator for the smooth functioning of the Project. Government will be

responsible for providing the existing/available Govt. Land as per the Approved

DPR of the Proponent Company (the Govt land available for handing over has been

detailed in the Project details in Vol II) and Government would also facilitate the

developer in acquiring private land for the Railway Link.

7.

Concession Agreement - Broad Details

Upon award of the Project, Government of Kerala will then enter into a binding and

bankable agreement (Concession Agreement) , to develop the Project on BOT terms,

in order to define their respective Rights and Obligations with respect to the Project

work. Within 30 (Thirty) days from the date of issue of Letter of Award(LOA) by the

GoK, the proposed developer ( MPPL or the Best Bidder ) should submit a Security

Deposit in the form of a Bank Guarantee from a scheduled Bank operating in India

for a value of Rs 10 (Ten) Millions. This deposit shall be released on reaching theFinancial Closure for this Project work and on delivering of a Performance

Guarantee which shall be equivalent to 1% of the estimated Capital Cost of Phase-I

of the project within 30 (thirty) days of Financial Closure. If the above are not done

on line by the best bidder or MPPL as the case may be, the offer will automatically

go to the next best qualified bidder without further notice.

The key highlights of the Concession Agreement will be as below:

i. The agreement will seek the implementation of the Port Project as in the

approved DPR, including the capacities and the investments.

ii. The Concession Period will be for a total period of 34 years including a

maximum period of 4 (four) years for Financial Closure and completion of

construction.


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iii. The Concession Period may be extended further for two additional periods of

10 years each as per separate terms and conditions agreed mutually at the

relevant time. However extension of Concession Period will be at sole

discretion of GoK.

iv. Govt. shall have statutory and sovereign rights over the land and water front.

v. Available land and submerged areas to be leased by the Government to the

Developer.

vi. The lease period shall run concurrent to the Concession Period.

vii. Revenue Sharing with the Government.

viii. Major milestones to be achieved for the Project.

a. Phase 1 Financial Closure within 12 months of signing of Concession

Agreement

b. Phase 1 Construction to be completed within 36 months of Financial

Closure

c. Execution of Second Phase of Project work on achieving 70% capacity

utilization of Port facilities created in Phase I.

d. Further Phased development of the Port as contained in the Master

Development Plan in relation to cargo needs as & when 70% capacity

created till preceding phase is utilized

ix. The developer shall have right to levy, collect & retain charges for port

services on Port premises and developer shall have full freedom of fixing and

revising of tariff for various port services on port premises with a view to

attract business at the port and such rates shall not be higher than the rates in

the neighboring major ports of Kerala and Karnataka .

x. The GOK retains its right to develop the Beypore Port which is in the vicinity

and also Ponnani Port.


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PART II

INFORMATION & INSTRUCTION TO BIDDER

The Fisheries & Ports (E) Department, Government of Kerala, hereinafter referred toas the GoK invites Online Tender proposals for the development of modern,

multipurpose, all weather, alongside berthing, deep water port at Ponnani in

Malappuram District, Kerala, India through Public Private Partnership on BOT basis

by procuring Private Investor by Swiss Challenge Method.

IMPORTANT SCHEDULES & DETAILS

No Component Description

1 Online DocumentDownload

Start Date

Closing Date

Document can be downloaded fromkeralaports.abcprocure.com

15thJuly

30thAugust

2 Online Bid Submission

Date & Time

15thSeptember 13.30 Hrs Indian Standard Time.

3 Mode of Bid Submission a) Envelope 1: Bid Security

b) Envelope 2: Capability Statement

i. Experience / Expertise

ii. Financial

iii. Technical and managerial capabilitiesc) Envelope 3: Commercial Offer

As the entire procedure is online, bidder has to

submit their bid online and no need to categorize

their document into different envelops, as the

envelops are already been created.

4 Envelope 1 Bid Security Rs 25,00,000/- (Rupees Twenty Five Lacs) in the

form of a Bank Guarantee / Demand Draft in

favor of Government of Kerala.5 Envelope 2 Capability

Statement

i. Technical

Bidder / Consortium should furnish details of :

a) Technical capabilities / experience in similar

projects as required in bid documents

ii. Financial

a) Financial capabilities, specifically


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highlighting how do the bidder plans to raise

Finance for the Project as required in bid

documents

iii. Managerial capabilities to canvas business run

and operate the ports, capable the construction

along with a PERT chart.

6 Envelope 3 Commercial

Offer

Percentage of Revenue Sharing on an yearly

basis every year till during the BOT period and

the total year wise revenue projection during

the entire period with profit percentage

proposed to be shared with the Government of

Kerala in clear terms.

7 Language All the information shall be submitted and

furnished only in English Language.8 Pre-bid Meeting Date &

Time

30th August 11.00 AM (Indian Standard Time)

at Directorate of Ports

9 Bid Opening Date:

Stage 1

Stage 2

Bid will be opened in two stages.

DATE: 15thSeptember 2010 at 13.30 Hrs (I ST)

Note: Envelope 1 will be opened on line. On

verification and preliminary acceptance of

validity of the Bid Security, Envelope 2 shall be

Opened and names of parties declared. The bidof any Party which does not submit a valid Bid

security, for any reason whatsoever, shall be

rejected summarily and this party shall not be

allowed to participate any further in this Bid

process.

DATE: 15thSeptember 2010 at 15.30 Hrs (IST)

Note: Envelope 3 of Bidders whose capability

statement has been found acceptable to GoK

shall be opened and the rates of revenuesharing in total percentage basis during the

BOT period of 30+4 years offered by individual

bidders shall be read out. For this purpose the

GoK at its sole discretion shall select the bidders

based on the Capability Statements and

commercial opening date will be informed to all


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the selected parties through e-mail by the GoK,

if there is any change from the date proposed

above. Revenue sharing percentage shall be

same or even every year ( lesser percentage inthe beginning years and more percentage at

later years will not be acceptable) .

Contact Detail of Service

Provider

Ms. Vanitha Gopinath

Cell No. 0 98987 04562

Email [email protected]

Mr. Harsh Gajjar

Cell No. 0 - 92768 60124


Ms. Richa Pandit

Cell No. 0 93745 19729


GoK shall adhere to the above schedule to the extent possible; however, GoKreserves the right to modify the above schedule. In case GoK seeks any clarificationabout the information submitted by the bidder, during the period of evaluation, it isto be submitted within specified time by the bidder and if no clarification is receivedeffectively within the specific time, further evaluation of that bid will be closedwithout any further notice.

A.Bid Documents

1. Bid Documents, in two volumes, contain the following:

Volume - 1

i. Part I : Proposed Swiss Challenge Method

ii. Part II : Information & Instruction to Bidders

iii. Part III : Annexures

Volume 2

i. Brief Project Profile

ii. Drawings


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2. Though Volume 2 contains a Brief of the Project, the Detailed Project

Report. As the Key Module of DPR can be uploaded online so that the

interested Bidder can view on keralaports.abcprocure.com .

Note: DPR is approved by the Government so no changes can be done

related to subject matter.

B. THE BIDDER

The Bidder shall be an incorporated company or a consortium of Companies, eligible

as per Indian Laws to invest in Indian Ports. The applicant shall submit the Bidders

profile in the prescribed form as per ANNEXURE 2(A) & 2(B) as general information

about their Capabilities. In case the Bidder is a Consortium then details of each of the

Consortium Member shall be given in the same format along with a valid

consortium agreement. In case the Bidder is a Special Purpose Company formed for

this project then the bidder shall provide information of the profile and other details

sought of their Promoters, Investors and shareholders upon whose experiences and

expertise the bidder banks on.

C. EVALUATION AND SELECTION

Evaluation process aims at selecting such developers who have the ability to execute

the project, solving all challenges and local issues, operate and maintain the project

efficiently to provide reliable port facilities without any adverse impact on the

environment and ensuring sustainability. GoK will ensure selection of only such

parties who have total commitment to the project and demonstrated ability to

execute. The total evaluation is based on the parameters prescribed below and

separately given in Annexure 10 proforma. The bidders are informed to provide

required subjective and fall comprehensive information of each Para mentioned

below along with the required quantitative information in the respective Annexures

with clear title and serial numbering for every evaluation.

Technical Capability Experience and Expertise


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Experiences / expertise of the Bidder in Port Development through Privatisation

Projects and Port Operation shall be submitted in form of statement as mentioned in

ANNEXURE 3. Documents supporting experience in constructing such

infrastructure facilities should be Uploaded Online. Availability of expertise

through personnel having skills in Maritime Operations, Qualified Manpower

experience, dredging, construction of ports , cargo handling etc. will be given due

weightage. The details shall be submitted as per ANNEXURE 4.

In case of bidder is submitting bid as a group of companies than the information is to

be provided for each group of companies individually

Financial Capability

Financial capability is critical to the implementation of the project within the

prescribed time frame. This parameter evaluates the capability of the proposed

developer to successfully raise financing for the project within a stipulated time

frame. Financial capability is just, based on demonstrated resources raising ability in

the past, financial flexibility and the current size. The details shall be submitted as

per the statement attached as ANNEXURE 5.

In case the Bidder plans the association of a Fund associate / banker for raising

finance then details of the Funders Capability along with written confirmation of the

Funders association shall be enclosed detailing the projects funded and their

Balance Sheet for the last three years.

In addition to this, the bidder shall also submit his Balance Sheets and accounts of

the last 3 years.

Proposals will be judged on the basis of the information furnished for the above

parameters in support of the financial standing and their ability to finance this

project. Applicant is free to submit any other details to demonstrate his strength

regarding the financial capability.

In case of bidder is submitting bid as a group of companies than the information is to

be provided for each group of companies individually

Managerial Capability


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The bidder will prepare and submit a detailed PERT chart listing all the activities

from the beginning during the project execution till completing with dates and how

risks at each stage will be solved and addressed by the bidder. Also a list of project

execution and operational personnel and list of machinery/equipments with

numbers/make etc. Which will be mobilized for project execution and later port

operations.

D BID PREPARATION

Though a brief of the project is provided in Volume 2 of this bid document, further

review of the complete Detailed Project Report as approved by GoK will be made

available to the bidders online on keralaports.abcprocure.com

The bidders may visit the port site on their own. They may contact the Port

conservators office at Ponnani for site level information during working hours with

two days prior information over phone no. 91-494 2666058

C. SUBMISSION

All submitted bids should consist of - 1) Bid Security; 2) Capability Statement and 3)

Commercial Offer; as described in the Table above and will be received up to the

specified time (13.30 hrs) on or before the last date of submission i.e 15thSeptember

2010. Bid cannot be submitted after mentioned date and time (message will be

prompted as Bid Submission Time Over). In case of any change in the date of bid

submission, GoK will intimate new date and time (Corrigendum or Amendment if

any will be floated Online).

Envelope 1 will contain Bid Security of Rs 25.00 Lacs (Rupees Twenty Five Lacs) in

the form of a Bank Guarantee / Demand Draft in favor of GoK and should be valid

for a period not less than one hundred and eighty (180) days.

The demand draft shall be drawn in favor of Director of Ports from any scheduled

bank payable at Thiruvananthapuram. If it is a bank guarantee it must in the format

attached at Annexure 6.

Envelope -2 - Capability Statement, shall contain the capability Statements of the

bidder as explained in Para B above and all other annexures and additional


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supporting documents, if any, referred herein this volume. Bidders should ensure

that they Upload all the supporting documents and Annexures as specified in Bid

document (except if provided otherwise) in this envelope in the format as provided.

The envelope marked Envelope 3 Commercial offer should only contain theCommercial offer , ie the percentage of Revenue that the bidder proposes to pay to

GoK, in the format as shown in Annexure 8. The bidders are strictly instructed to

follow the format and not to mention anything else other than as shown in the

format for Commercial offer. Any deviance from the format will result in rejection of

the Bid.

Online Bid Submission can be done on or before (time & Date) (15 Days from closing

date of sale/downloading of Bid Document).

Address: Director of Ports, Thiruvananthapuram.

D. BID OPENING & EVALUATION

The bids will be opened in two stages. The procedure for the opening of bids

shall be in accordance with the Schedules & Details Table above.

The bid opening date and time for stage 1 is as mentioned above.

Envelope 1 Bid Security, will be opened first.

If it is found that any bidder has not furnished the Bid Security at all or the

furnished bid security is not as per the terms of Submission then their bid will

be rejected and will not be considered for further evaluation in the tender

process. No excuses or reasons will be entertained for not submitting the Bid

security in the prescribed manner.

Envelope 2 Capability Statement of the bidders whose Bid Security are

found to be in order, will be opened and taken up for further evaluation and

scrutiny.


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After evaluation of the capability statement an invitation for Commercial

Opening date ( if different from the date shown above) will be intimated only

to those Bidders chosen by the bid evaluation committee

Invitation will not be sent to those bidders who are not chosen by GoK uponevaluation of Capability Statement.

It is clarified that GoK will not provide any reasons whatsoever for not

choosing any bidder.

On the Commercial Bid opening date the bidder quoting the Highest

percentage of Revenue to be paid to GoK from the date of Operation of the

Port shall be declared the Best

E. Notice to Project Proponent under Swiss Challenge Method

There upon and within 3 days the GoK shall inform the Project Proponent

M/s Malabar Ports Pvt Ltd of the Percentage of Revenue quoted by the best

bidder and shall seek the acceptance of the same rate by Malabar Port Pvt Ltd

within 7 days of the date/price bid opening.

F. Award of Project:

Upon Acceptance by Malabar Port pvt Ltd of the rate offered by the best

bidder, the GoK shall issue the Letter of Award (LOA) to Malabar Port for

project implementation

In case Malabar Port declines or does not accept the rate offered by the best

bidder, thereupon the GoK shall issue the LOA to the Best Bidder.

In this instance the Best Bidder shall pay within 30 days the compensation

amount of Rs 10 lakhs to M/s Malabar Port Pvt Ltd as per Clause 5 at Part I of

this Bid Document. If the best bidder, in any case declines to accept the Letter

of Award and execute the agreement within 30 days , the offer will go

automatically to the 2ndbest offer bidder without any further notice.


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G. Concession Agreement signing

After issue of LOA, the awardee and the GoK shall finalise and sign the

Concession Agreement for the project within 20 days of the issue of LOA.

Performance Guarantee of Rs 10 (ten) Million should be submitted within 20days of LOA before signing of the Concession Agreement.

GENERAL INFORMATION & INSTRUCTION TO BIDDERS

GENERAL INFORMATION

The selected bidder shall develop, finance, construct and operate a port at Ponnani

on Build-Operate-Transfer (BOT) basis.

1. Scope of Project

The Detailed Project report prepared by the Project proponent has already been

approved by the GoK and the Port shall be developed only along the lines proposed

in the DPR. The project Capacities and Investments shall never be lesser than those

proposed in the DPR.

The Major milestones that shall be achieved are:

o Financial closure within 12 months of Concession Agreement signing

o Construction Completion within 36 months of Financial Closure

2. GoK Prohibition against Collusion with other Prospective Bidders

Each Bidder shall warrant by its Bid that the contents of its Bid received by the

system at independently.

3. Inducement

Any effort by a Bidder to influence processing of Bids or award of decision by GoK

or any officer, agent or advisor thereof may result in the rejection of such Bidder's

bid. In such a rejection of Bid, the Bidders shall lose its Bid Security.


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4. Compensation to original Proponent

The Bidder who has the winning bid and in case M/s MPPL does not match its bid,

then the winning bidder shall be responsible to pay Rs 10 lakhs to M/s Malabar Port

Pvt Ltd as compensation for all the ideas, costs and work associated with thepreparation of DPR and all other efforts of MPPL.

5. Communication Between Bidders and GoK

a. All communication, unless specified otherwise, regarding these Bid document to

GoK shall be addressed to

Director of Ports

5thfloor, New Corporation building

Palayam, M.G.Road

Thiruvananthapuram, Kerala (INDIA)

Pin:695033, e-mail : [email protected], Fax:91-471 2324533

b. Bidders shall submit the name and address of authorized person to be contacted

for future communication as per Annexure 7

6. Project Inspection

It would be deemed that prior to submission of the Bid, the Bidder has

i. made a complete and careful examination of requirements, and other

information set forth in these BID documents; examined all the

relevant information as it has received from GoK in respect of this

project;

ii. made a complete and careful examination to determine the difficultiesand matters incidental to the performance of its obligations , including,

but not limited to the Site,

condition of port site


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conditions affecting transportation during the period of

construction

applicable Laws and applicable Permits,

meteorological conditions based on previous weather data,

requirements to get clearances from various authorities,

all other matters that might affect the Concessionaire's performance

under the Concession Agreement,

iii. Determined to Bidder's satisfaction the nature and extent of all

difficulties and hazards and risks.

iv. GoK does not accept any responsibility or liability for any errors,

omissions, inaccuracies or errors of judgment with respect to

information of materials provided by GoK in these Bid documents or

otherwise, in respect of the Site or its surroundings. Although such

information and materials are accurate to the best knowledge, their

verification is the sole responsibility of the Bidder. The Commercial Bid

made, cannot be changed or revised, at any point of time in future,

under no circumstances including on the basis of variations of Data /DPR plans / designs etc, from those given to the bidder along with this

bid.

v. The qualified Applicant or any of its authorized representatives will be

granted permission to visit the Site by the concerned Department or his

authorized nominee, on receipt of a formal request in advance.

However, the permission would be subject to the express condition

that the Prospective Bidder will indemnify GoK or its agent from andagainst all liability in respect of and will be responsible for physical

injury, loss of or damage to property and any other loss, costs and

expenses however caused in carrying out such visit.

7. Right to accept any Bid and to reject any or all Bids


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Notwithstanding anything contained in this Bid, GoK reserves the right to

accept or reject any Bid and the bidding process and reject all Bids, at any

time prior to issuance of LOA without incurring any liability to the rejected

Bidders or any obligation to inform the affected Bidders of the grounds for

rejection. Any bid assessed by GOK to be impractical or impossible to

perform shall also be rejected by GOK.

8. Interpretation of Documents

a. GoK will have the sole discretion in relation to the interpretation of this

Bid, the Bids and any documentation provided in support of the Bids; and

all decisions in relation to the evaluation and ranking of Bids, whether or

not to require any clarifications or additional information from a

prospective Applicant in relation to its Bid and the selection of the

prospective Bidders.

b. GoK will have no obligation to explain its interpretation of this Bid, the

Bids or their supporting documentation and information or to explain the

evaluation process, ranking process or the selection of the Bidders.

9. Enquiry Concerning the Bid

a. Interested Bidder can upload their supporting Document online on

keralaports.abcprocure.com .

10.Amendment of Bid

a. .(Addendum will be uploaded online so that the Bidder can view the

same. )

b. At any time prior to the deadline for submission of Bids, GoK may, for any

reason, whether at its own initiative or in response to clarifications

requested by a Prospective Bidder, modify the Online Bid by the issuance

of an "Addendum".


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c. The Addendum will be uploaded online for all the Applicants, and will be

binding upon them. Each such Addendum shall become part of the Bid

documents. Prospective Bidder shall promptly peruse and act accordingly.

d. In order to afford prospective Bidders a reasonable time in which to takean Addendum into account in preparing their Bids, or for any other

reason, GoK may, at its discretion, extend the Bid due date, if needed

which also will be notified online only in the bid site .

11.Changes to Prospective Bidders

a. Acceptance of any other change in the Consortium would be at the sole

discretion of GoK and shall be considered only in case GoK feels that such

a change in membership of the prospective Bidder would not weaken the

capability of the original prospective Bidder to implement this project.

b. Bid submitted by a Consortium must upload Consortium agreement

among all the members of that Consortium, which describes the

responsibilities and equity commitments of all the members in the

Consortium. The uploaded agreement will clearly specify that the

Consortium will form a Special Purpose Company together as per the

terms of the Consortium Agreement and this will be a condition precedent

to the signing of the Concession Agreement. In case more than one

company of a group is envisaged to provide equity for the project, each of

these companies must be identified as separate Members of the

Consortium. The authority of the Leader to act on behalf of the

Consortium shall be evidenced by a power of attorney signed by the

legally authorized signatories of all the Consortium Members. The Leader

shall be authorized to perform all tasks, including but not limited to,

providing information, responding to inquiries and entering into

contractual commitments on behalf of the Company or the Consortium as

the case may be. The format of such power of attorney is provided in

Annexure 9(Form 2)of the Bid documents.


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c. The Bid must designate one or more person(s) {"Designated Person(s)"},

restricted to a maximum of two, to represent the Bidder in its dealings

with GoK who may choose to be present at the time of bid opening also.

The format for power of attorney to persons representing bidder has been

provided in Annexure 9 (Form 3) of the Bid documents. Unless

specifically advised to the contrary, GoK will assume that the Designated

Person(s) is (are) authorized to make an enquiry provide replies and enter

into contractual commitments on behalf of the Company or the

Consortium as the case may be.

d. Each Member of the consortium shall upload a letter of commitment (on

its company's letterhead) with the Bid. The required format of such letter

is provided at Annexure 9 (Form 4) of the Bid documents.

e. Each Consortium Member must accept joint and several liabilities for the

obligations of the Consortium as a whole during the Bid Validity Period.

All Bids shall indicate the full legal name of each Consortium Member so

that they shall be bound by the terms of the Bid and any resulting contract

with GoK.

f. Each Bidder shall, on its initiative, promptly update and supplementinformation provided at any stage in the event of any material change,

which may affect its technical, financial or legal status. The Bidders shall

also include all pertinent information that may affect the performance of

the responsibilities of any Consortium Member, such as ongoing litigation,

financial distress, or any other such matter.

g. After execution of the Concession Agreement, the Consortium Members

shall contribute and maintain their equity holding in the Concessionaire asper the provisions of the Consortium Agreement.

BIDDING INSTRUCTION

a) Bid Validity Period


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i. Each Bid shall indicate that it is a firm Bid and that the Bid will remain valid

for a period not less than one hundred and fifty (150) days from the date of

opening of bid.

GoK may request one or more extensions of the Bid Validity Period for periodtill the signing of the Concession Agreement. To make such request GoK shall

notify the Bidder at least seven (7) days prior to expiration of the Bid Validity

Period.

ii. The Bid Validity Period of the successful Bidder shall be automatically

extended till the date on which the concession Agreement is signed (in case

the Best Bidder is the proposed developer) and the Bid Security is replaced by

a Security Deposit of Rs 10(ten) millions as referred in clause 7 of Part I of thisBid Document. In case the proponent secures the project, then the Bid Security

will be released to the Best Bidder with 60 (sixty) days of issue of LOA.

iii. When an extension of the Bid Validity Period is requested, Bidders shall not

be permitted to change the terms and conditions of their Bids.

b) Submission of Bid document

i. GoK requires that Bids responding to this solicitation be submitted to GoK

latest by 15thSeptember 2010 (i.e. Bid Due Date) in the manner and form as

detailed in the Bid.

The Bid shall be submitted at the web address. online only.

Address:

Bid submitted by either facsimile transmission or hand delivery or telex or E-

mail will not be acceptable. Any Bid received after the Bid due Date and time

will not be accepted by the system.

ii. GoK may, in its absolute discretion and prior to the Bid Due Date stated in

above clause, extend the deadline for submission of the Bids. Notice of any


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extension of the Bid Due Date will be uploaded on

keralaports.abcprocure.com

c) Changes/Withdrawal of Bid

i. Any change to the submitted Bid must be received online by the Bid Due

Date. Any change in the Bid terms will not be permitted after the Bid Due

Date and time.

ii. Any Bidder may withdraw its Bid on or prior to the Bid Due Date for opening

without forfeiting its Bid Security. Withdrawal by Bidder of its Bid after the

Bid Due Date shall entitle the GoK to forfeit its Bid Security.

d) Language

The Bid and all related correspondence and documents shall be written in the

English language. Supporting documents and printed literature furnished by Bidder

with the Bid may be in any other language provided that they are accompanied by

an appropriate translation of the relevant sections in the English language.

Supporting materials that are not translated into English will not be considered. For

the purpose of interpretation and evaluation of the Bid, the English language

Translation shall prevail.

e) Format and Signing of Bid

i. Bidder has to simply fill the data as required in the Bidding Form.

ii. As Bidder can add the table as needed to provide more details if required.

iii. All supporting documents needs to be uploaded without fail.

f) Sealing and Marking of Bids

i. Bidder has to simply fill the forms and upload necessary documents as the

envelops has already been created.

Envelope I: Bid Security


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Envelope II: Capabilty Statement & Other Supporting Documents

Envelope III: Commercial Offer

ii. As all the procedure will de done online, Bidder dont have to categorise the

documents into different envelops.

iii. System will not allow to submit the Bid after the mentioned Date and Time of

Last Submission

iv. As in the online procedure Bidder dont have to seal the envelop, the Price Bid

Data will be encrypted by the Digital Certificate of the Bidder

g) Bid Opening

i. Bid Opening will be done on the specified date and time and the data canbe shared with the Bidders.

ii. The following information will be announced at the Bid Opening and

recorded :

Bidders Names

Names of Consortium Members:

iii. After the Bid Opening, information relating to the examination,

clarification and evaluation of Bids and recommendations concerning the

Bid Award shall not be disclosed except the best offer percentage.

h) Bid Security

i. The Bidder shall submit a Bid Security for an amount of Rs 25 Lacs

(twenty Five Lacs Only) along with its Bid.

ii. The Bid Security shall be in the form of any of the following:

iii. A Bank Guarantee issued by a scheduled Bank in favour of Director of

Ports,Thiruvananthapuram, Keralain the format given at Annexure 6or a

Demand Draft in favour of Director of Ports payable at

Thiruvananthapuram, Kerala.


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iv. The Bid Security shall be valid for a minimum period of one hundred

and eighty (180) days beyond the Bid validity Period. Upon any

extension of the Bid Validity period, the validity of the Bid Security

shall be extended by a corresponding period.

v. The Bid Security of the other Bidder will be returned within a period of

sixty (60) days from the date of LOA issued to the successful Bidder.

vi. The Bid Security of the successful Bidder shall be released on receipt of

Security Deposit from the successful Bidder as mentioned in Clause 7

of Part I above and in accordance with the provisions of the LOA

issued to the Proposed Bidder.

vii. GoK shall reject the bid, which does not include the Bid Security.

viii. If the Bidders are not qualified in technical evaluation further

procedure will not be done. (Price Bid)

ix. In addition to the above, GoK will promptly release all Bid Securities in

the event GoK decides to terminate the bidding proceedings or

abandon the Project.

x. The Bid Security shall be forfeited by GoK in the following cases:

a. The Bidder withdraws his bid, once submitted and before final

decision by GoK;

b. In the case of a Successful Bidder, if the Bidder fails to accept LOA

and/or furnish the required Performance Security within time

specified in the LOA

i)

Sources of Funds

a. The finances required for the project has to be arranged by the Bidder. The

Bidder will have to follow the Reserve Bank of India / SEBI Regulations

for raising finance. In case of foreign investment, the Exchange Control

Regulations and Laws will be applicable.


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b. The Bidder is required to submit detailed arrangements for raising of

funds for the proposed project, if any tied up.


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ANNEXURES


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ANNEXURE 1

FORMAT OF COVERING LETTER(Bidder has to upload this document)

[The covering letter is to be submitted by the Applicant Company or the LeadDeveloper of a Consortium along with the proposal on their letter Head online.]

Date:Place:ToDirector of Ports...

SUB : Submission of Bid Document for the development of Ponnani Port

Dear Sir,

Please find enclosed our bid for development of port at Ponnani of Kerala, India, inresponse to the bid document issued by the Govt. of Kerala on_______________.

We hereby confirm the following:

(1)The bid document for development Ponnani port is being submitted by_____________________ (name of Applicant Company/Lead Developer) who is theApplicant/Lead Developer of the Consortium comprising

___________________(mention the names of corporate entities who are the MemberCompanies), in accordance with the conditions stipulated in the GoK document.

(2) We_________________________________ (name of the Applicant Company/LeadDeveloper), as the Applicant Company/Lead Developer, would be responsible fortying up the entire financing required for the project.

(3)We have examined in detail and have understood, and abide by, all the termsand conditions stipulated in the document issued by GoK and in any subsequentcommunication sent by GoK. Our proposal is consistent with all requirement ofsubmission as stated in the document or in any of the subsequent communication

from GoK.

(4)We confirm that, as stated in the terms of the Bid Document, if we are selected asthe best bidder and the Original Proponent of this Swiss Challenge Tender, does notmatch our bid to take the project forward, then we shall pay without demur anamount of Rs.10 lakhs to M/s Malabar Port Pvt Ltd as Compensation Amount priorto our signing the Concession Agreement.


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(5)(Required only in case of a Consortium) Our proposal includes Letters ofAcceptance, consistent with the format as specified in the document from all theMember Companies.

(6)The information submitted in our proposal is complete, is strictly as per therequirements as stipulated in GoK document, and is correct to the best of ourknowledge and understanding. We would be solely responsible for any errors oromissions in our proposal.

(7)The Applicant Company/Consortium, of which we are the Lead Developer,satisfies the legal requirement and meets all the eligibility criteria laid down in GoKdocument.

(8)We, as the Applicant Company/Lead Developer, designateMr./Mrs.________________ (mention name, designation, contact address, phone

number, fax number, etc.,) as our representative who is authorized to perform alltasks including, but not limited to provide the information, responding to enquiriesentering into contractual commitment on behalf of the applicant, etc., in respect ofthe project.

For and on behalf of :Signature :

Name of the person :

Designation : (Authorized Signatory)

Mobile No. of the person :

Fax No. :

e-mail id :


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Annexure 2 (A)Applicant Profile

Name of company / consortium led by:

Address:

Phone:

Fax:

Email:Name of Contact Person

DesignationMobile No.

Status: (Local/Foreign)Date of Registration:

State of Registration:

Name of the Bankers:

1.2.

3.

4.

Name of Directors:

5.

Share holding structure:

State Name & Origin

Local 1. ______________ Percentage ___ %

2. ______________ Percentage ___ %3. ______________ Percentage ___ %

Foreign 1. ______________ Percentage ___ %2. ______________ Percentage ___ %

3. ______________ Percentage ___ %

Total Local content Percentage: __________%

Total Foreign content Percentage: __________%

Address of Branches in India 1.

2.3.

State Country/ Origin Foreign Participation involved in the following areasDescription Origin Role

(i) Consortium members

(ii) Technical Partners(iii) Port Operator

(iv) Construction companies

a. Civil

b. Structural

(v) Mechanical Systems

(vi) Contract Suppliers

(vii) Stevedores


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(viii) Shipping

(ix) Shipping

(x) Manufacturing/Tradingcompany for captive cargo


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Annexure 2 (B)Financial Statements

(Bidder has to fill the Form Online)

Balance Sheet

Rs. Mn

Particulars31stMarch2007

31stMarch2008

31stMarch2009

FollowingyearProjection

NET WORTH

1. Share Capital (Paid Up)

2. General Reserve

3. Other Reserve (excluding provisions)

4.Profit & Loss A/c (Profit(+)/loss(-)

(A) Net worthTERM LIABILITIES

5. Debentures

6 Term Loans (more than one year)

a. Bank

b.Financial Insitution

c. From Foreign Bank / Institution

7. Term Deposits

Mezanine Capital

8. Other term liabilities

Deffered Tax Liability(B) Total term Liabilities

CURRENT LIABILITIES

9. Short term borrowing from

a Bank

b.Financial Insitution

c.Foreign Bank / Institution

d. Others

10. Sundry Creditors (Trade)

11 Provision for taxation

12 Dividend Payable

13 Other Statutory Liabilities

14 Other Current Liabilities (Specify Major Items)

( C) Current Liabilities

TOTAL LIABILITIES

FIXED ASSETS


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15 Gross block

16 Depreciation To date

17 Net Block

Capital Work in Progress

(D) Total Fixed Assts

CURRENT ASSETS

18 Cash & Bank balances

19 Investments (other than long term)

a. Govt. Securities

b. Other (Specify Major Items)

20 Inventories

a. Raw Materials

b. Stock in process

c. Finished Goods

d. Other Consumable21 Advance payment of taxes

22. Other Current Assets

(Specify major items)

(E) Total Current Assets

OTHER ASSETS

23. Investments (long term)

a. Govt. Securities

b.Others (Specify major items)

24. Intangible Assets

(Patents, goodwill, prelim exp.etc)(F) Total other Assets

TOTAL ASSETS (D+E+F)

ADDITIONAL INFORMATION

(A) Arrears of Depreciation

(B) Contingent Liabilities


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Annexure 3

EXPERIENCE AND OPERATIONAL PARAMETERS

The Applicant should provide details of experience / expertise in Last 5 (Five) years in various fieldsas mentioned below in the following format.

1. Experience in Development of Port Infrastructures.

2. Experience in shipping

3. Experience in Export & Import Business

4. Experience in Operation & Maintenance of port

5. Experience in stevedoring Activities

6. Experience in Development of Port on BOT/BOOT/BOLT/BOM Basis7. Experience in other infrastructure Projects.

No. Experience Nature of

Activities/Project

Location/ site

of project/activities

Year Total

Years ofExperience

Total

Investment

Remarks

From To


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Annexure 4 (a)Details of Technical and Managerial Personnel

Annexure- 4 (b)

Details of equipments/machinery to be deployed for construction andoperation of the port

Name ofequipment or

machinery

Make Capacity Number Proposed use

Annexure 4 (c)

Please provide a PERT/ CPM chart (may be uploaded throughscanning)

No. Name &

Nationality

Designation

& Address

Qualification Age Experience Details &

Special Achievement

Functional

Duties at the

unit

Existing

Proposed


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Annexure 5

Evaluation of Financial Capability

This section specifies information to be provided by the applicant to be considered for qualification

and only such entities would be considered for evaluation:

[A] Experience in Raising Project Finance

Information should be provided only in respect of the project finance raised in the last five years

[a] Project Finance raised from foreign financial institutions/banks or international capital market:

No.

Brief

description of

project

Name & place of

Fin. Inst./Bank

Terms &

Nature of

Debt Finance

raised

Quantum

of debt

Debt to

equity

ratio

Details of

equity

participation

[B] Experience in Raising Balance Sheet FinanceNo. Brie f

description of

project

Name & place

of Fin.

Inst./Bank

Terms & Nature

of Debt Finance

raised

Quantum

of debt

Debt to

equity

ratio

Details of

equity

participation

(a) Experience in raising debt1) Project finance raised from Foreign Financial Institutions/ Banks or

International Capital market:

No.Name & place ofFin. Inst. / Bank

Terms &Nature of DebtFinance raised

Source ofDebt Date

Quantum ofDebt

OutstandingRating, ifany

2) Project finance raised from Indian Financial Institutions / Bank:

No.Name & place ofFin. Inst. / Bank

Terms &Nature of DebtFinance raised

Source ofDebt Date

Quantum ofDebt

OutstandingRating, ifany

b) Experience in raising Equity:


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NoNature of Instruments, details regarding premium at

which it was raised etcSize ofissue

AmountSubscribed

c) Financial resources in Project of all weather direct berthing deepwater modern port at site

No

Consortium /FinancialInstitutions / Banks Total Investment

Promoterfunding Remarks

d) Financial resources in other infrastructure projects:

No

Consortium / Financial Institutions /

Banks

Total

Investment

Promoter

funding Remarks

Note:1. All details may be provided for each of the consortium / financial

institution / bank of on-going projects / existing and proposed project to be

implemented.

Promoters funding must indicate the amount already invested and theadditional fund required, separately


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ANNEXURE 6FORM OF BID SECURITY (BANK GUARANTEE)

(Need to Upload )

(To be issued by a scheduled Bank in India as defined in the Concession Agreement)From.

(Name and Address of Bank/Financial Institution)

To:

Director of Ports,

Governement of Kerala

1. (Name of relevant prospective Bidder)(Prospective Bidder) has in response to a Request for proposal (RFP) issued by

Government of Kerala (GoK) submitted a Bid dated (date to be inserted) 2010 (the

Bid) for it to procure an Agency (the "Concessionaire") to implement the work of

Development of Ponnani Port on BOT Basis (the Project).

2. .. (Name of Bank/Financial Institution) with its registered

office at .. , unconditionally guarantees to pay GoK upon first

receipt of the written demand and without deduction the sum of Rs. 25,00,000

(Rupees Twenty Five Lacs) (Guaranteed Sum) subject to the conditions set out

below.

3. (Bank/Financial Institution) undertakes to immediately pay GoK the

Guaranteed Sum upon receipt of the first written demand by GoK without GoK

having to substantiate its demand, provided that the demand states that the amount

demanded is due as a result of the occurrence of one or more of the conditions

referred to in clause 4 below.

4. (Bank/Financial Institution) will be liable to immediately pay the Guaranteed

Sum without deduction to GoK if GoK notifies us in writing that:

a) The Bidder withdraws his bid after the date of bid submission.

b) The Payment of Guaranteed Sum is as provided in the Bid documents.

c) In the case of a successful Bidder, if the Bidder fails to accept LOA

and/or fails to submit the required Security Deposit within the

specified time

5. This guarantee will remain in force until the later of:


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a) The expiry of the Bid Validity Period of the Bid as stated in the Bid,

plus another 180 days including any extension of that Bid Validity Period.;

b) GoK agrees, in its sole discretion, in writing to release (Bank/Financial

Institution) from our obligations under this guarantee.

6. GoK is entitled to make any demand under this guarantee not later than theday this guarantee ceases to remain in force in accordance with clause 5.

7. GoK is under no obligation to notify (Bank/Financial Institution) of any

extension of the Validity period of the Bid or the selection of the Prospective Bidder

as one of the successful Bidder.

8. (Bank/Financial Institution) agrees that it will not assign its obligations under

this guarantee without the prior written consent of GoK. GoK will not unreasonably

withhold its consent if the proposed assignee is of at least equal financial standing to

(Bank/Financial Institution) and the assignee assumes in writing the obligations of

(Bank/Financial Institution) under this guarantee at the same time or before the

assignment.

SEAL OF (BANK/FINANCIAL INSTITUTION)

NAME OF (BANK/FINANCIAL INSTITUTION)

SIGNATURE .

NAME.

TITLE

DATE..


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ANNEXURE 7

NAME AND ADRESS OF BIDDERS

1. Name of Bidder :

2. Name of Authorized Person : 1)2)

3. Address :

4. Telephone Number :

5. Fax No. :

6. Mobile No. : 1): 2)

7. E-mail Address :


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ANNEXURE 8

COMMERCIAL OFFER

Required Percentage of Revenue Share with GoK from 1stYear of Operation of the

Port

Percentage of Revenue Sharing Notwithstanding any other provisionsto be agreed upon, the Percentage ofRevenue Shared with Government ofKerala shall be _________ %. (in words)per year

Note:

________________________Authorized Signature


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APPENDIX 9 (Form 1)This may be emailed at least 7 days in advance of the date of the

conference.(attendance is not compulsory)

ATTENDANCE AT THE PRE-BID CONFERENCE

1. GoK proposes to hold a Pre-Bid conference at 11.00 Hrs on 30thAugust 2010.

2. The undersigned hereby confirms that the Prospective Bidder will or will not attend.

(Please tick in appropriately)3. The number of representatives expected to attend Pre-Bid Conference is

4. The names(s) of person(s) likely to attend/represent the Prospective Bidder areas follows:1. .2. .

(Not more than two individuals from each Prospective Applicant)5. The undersigned hereby acknowledges that he/she understands that if theProspective Bidder does not attend the Pre-Bid Conference, GoK is not obligated torespond to queries from the Prospective Bidder after the date of the Pre-BidConference.

Note: letter or telefax should return alongwith this form with the original signatureto the address for Communication given in the Bid.

..

Name of the Prospective Bidder

Signature of the Designated Person

..

Name of the Designated Person

..

Date of Receipt of Bid documents :


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[THIS FORM MAY BE SUBMITTED LATER SO AS TO REACH THE OFFICE OF THE

DIRECTOR OF PORTS TWO DAYS PRIOR TO PRE-BID MEETING]


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Annexure 9 (Form 2)

POWER OF ATTORNEY

(Power of Attorney to be provided by each Consortium Member in favour of Team

Leader)

To Whomsoever It May Concern

WHEREAS we have decided to participate in the bidding proceedings for the work

of Development of Ponnani port on BOT basis (the "Project") as a Member of

Consortium, i.e.__________ (name of Consortium), we, (name of

the authorizing company), a company incorporated under the laws of

.,the registered address of which is

. ., to lawfully represent and act on our behalf as the

Team Leader of the consortium to sign any bid, conduct negotiations, sign contracts,

incur liabilities and receive instructions for us and on our behalf and execute all

other necessary matters in connection with the Project. We hereby confirm that we

are jointly and severally liable, together with the other members of the consortium,

to GoK for all of the obligations of the consortium in respect of our Bid for the

Project, in accordance with this Bid for the Project issued on ___________ and as

amended prior to the date hereof.

IN WITNESS WHEREOF, we have hereunto set our respective hands this ______Dayof ________.

SEALED HEREIN

..

Name of the Authorised Person

Name of the Authorised Person

..

Name of the Consortium Member

Note: Please provide the original on stamp paper.


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Annexure 9 (Form 3)

POWER OF ATTORNEY

(Power of Attorney by the prospective Bidder (Leader in case of Consortium)infavour of Designated Person(s) (a maximum of two individuals).)

Dated : _________

To Whomsoever It May Concern

Shri (Name of the Person(s), domiciled at

.. (Address), acting as .. (Designation and name of the

firm), and whose signature is attested below, is hereby authorised on behalf of

(Name of the Bidder) to negotiate and settle terms and conditions,finalise, approve, sign and execute Agreements, Documents, Endorsements,

Writings etc. as may be required by GoK or any governmental authority for the work

of Development of Ponnani port on BOT basis" and is hereby further authorised to

sign and file relevant documents in respect of the above.

(Attested signature of Shri.)

..

Name of the Designated Person

Signature of the authorised Person

.

Name of the Prospective Bidder/Leader

Note: Please provide the original on stamp paper.


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Annexure 9 (Form 4)

Form of Letter of Commitment

(To be submitted by each Prospective Bidder (or in the case of a Consortium, by eachConsortium Member) proposing to provide support to the Project.

(On Prospective Bidder's or Concretion Member's Letterhead)

From: .

(Name and Address of prospective Bidder or Consortium Member)

To:

Director of Ports

Thiruvananthapuram,

Kerala, India.

. (Name of relevant prospectiveBidder/Consortium name) (Prospective Bidder) in response to Bid Documentissued by Government of Kerala (GoK) will submit a Bid dated (date to be inserted)(the Bid) to implement the Development of Ponnani Port on BOT basis.

Our role in this consortium shall be in accordance with the consortium/jointdevelopment agreement and we are jointly and severally liable for the developmentof this project.

We hereby further confirm that on submission of the bid document, no roles andresponsibilities as mentioned in the consortium/joint development agreement shall

be modified or dropped without prior approval of GoK.

NAME (PROSPECTIVE BIDDER OR MEMBER OF CONSORTIUM)

.

SIGNATURE.

NAME

TITLE.

DATE.


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Annexure 10

EVALUATION CRITERIA FOR TECHNICAL QUALIFICATION OF BIDDERS

(Please read fully the notes given at the end of this proforma before filling and submitting on

line)Name of work: DEVELOPMENT OF PONNANI PORT UNDER PPP

NAME AND ADDRESS OF TENDERER: .

S.No PARAMETERS YES NO Specific details/ location

1

A Whether participated in development/developed atleast 2 projects that aggregate to a total capital cost ofminimum 200 crore in financial terms within last 5 yearsimmediately preceding the due date of bid submissionin following field Ports/sea River based harbours

B

Whether participated in development/developed atleast 2 projects that aggregates to a total capital costof minimum 200 crore in financial terms within last 5years immediately preceding the due date of bidsubmission in cargo / container terminal at port / jetty

2 whether developed at least three projects thataggregates to a total capital cost of minimum Rs.350crore in financial terms within last 5 financial years

immediately preceding the due date of submission inany of the following or a combination of the following

A Logistic facilities

B Inland Container Depot / Container Freight Station

C Truck Terminal

D Integrated Freight Complex

E Air Cargo Complex

F Railway Station/Terminal / Sidings

G Airport Terminal

H Warehouses of all types

I Roads / Expressways

J Bridges

K Bus Terminal

L Industrial Parks


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M Power Projects

N Water supply / Sanitation projects

O Pipelines

3 Whether operating / managing any of the project givenin S.No.2 continuously for a period of minimum 3 yearsin last 7 years immediately preceding the due date of

bid submission in India or abroad

4 Whether having experience in handling cargo / freightof any type for a minimum period of 3 years in India thelast 7 years immediately preceding the due date of bid

submission in India.

5 Whether you have send through courier the DD for Rs.26000/- as cost of Tender form separately Mention DD

number and date in the last column.

6 Whether you have appointed a competent project

leader for this Project

7 Whether full Technical Bid elements and Price Bid infull particulars have been submitted separately in the e-

Tender mode as required

8 Whether Tenderer has sent through courier DD forEMD of Rs.25 Lakhs so as to receive on orbefore13.00 hrs on.2010 Mention DD numberand date.

9Whether Tenderer has sent the agreement in stamppaper to accompany the tender through courier so as

to receive at Directorate of Ports on or before13.00 hrs

on ..2010

10Whether you have the Minimum average Annual Turn-over of Rs.500 crore (or equivalent) in past three (3) FY

ending 31st March 2008, 31st March 2009 and 31stMarch 2010.

11Whether you have the Minimum Net worth of Rupees

60 crore (or equivalent) as on 31st March 2010.

12Whether you have the Minimum Cash Accruals of

Rupees 20 crore (or equivalent) in past 3 FY ending31st March, 2008, 31st March, 2009 and 31st March

2010.

13 If you are a Consortium, whether the Consortium as awhole or any one of the Members of the consortium

meet the criteria, in full as per this proforma Annexurein serial number 1,2,3 and 4.

14 Whether the lead member of the Consortium satisfy atleast half (i.e.50%) of the individual threshold limitsstated above as per this proforma annexure in all


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particulars.

15 Whether the non-lead members of the Consortiumsatisfy at least 10% of the individual threshold limitsstated in serial number 1,2,3and 4

16 Had the tenderer ever failed to complete a workawarded to him

17

Had the Tendering company ever been declaredbankrupt

18 Had the tendering company been denied tenderingfacility/ black listed ever by any government in India orpublic sector undertakings in India during the past threeyears

19 Whether the tenderer has demonstrated throughdocumented proof in the bid documentation (specifythe documents) financial capability or capability tomobilise finance to execute the works and operate theport in full within time specified.

20 Whether the tenderer has demonstrated throughdocumented proof in the bid documentation the

marketing and management capabilities to get thrivingbusiness for the port once completed.

21 Whether a realistic / achievable/measurable PERTchart given a list of all required activities and actionwith dates for the project execution till completion isenclosed as part of bid documentation.

22 Whether the tenderer has obtained security clearancefrom Government of India (in cases where securityclearance is required) for participating and executingthis project.

23

Whether the tenderer has demonstrated capability tomobilise the required technical personnel and modernequipments/machinery for the construction andoperation of the port in good quality and on time(Please provide as part of bid documentation the list ofsuch technical personnel and machinery / equipmentsproposed to be deployed and the numbers,qualification/ make etc.)

24

Whether the bidder in technically qualified in all aspectsas per serial numbers 1 to 31and proof for each areincluded in the technical bid documentation withspecific title and serial number of this proforma shown;for easy evaluation/scrutiny.

25 Whether willing to pay Rs.10,00,000 (Ten lakhs) ormore ( as fixed by the Government of Kerala ) to theMalabar Ports limited within 30 days of bid opening incase selected and if they are not matching the offer

made by the selected tenderer ( please specifymaximum amount which can be paid ) .


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26 Whether the cargo handling rates proposed are equalor less than the prevailing rates at Kochi andMangalore ports

27 Whether the deviation from the master plan/project

report if any is fully justified point wise and attached asan annexure 11 of bid documentation.

28 Whether you are willing to accept the technicalcommittee suggestions in Final DPR to be.

29 Whether you are committed to bring the minimumagreed quantity of Cargo.

30 Whether your design confirm / will confirm with theinternational standards with respect to wharfs, buildingsetc.

31 Whether your land, water and energy use policy is / willbe in confirmation with the Government rules andregulations (local, state and national government rules)

Note

1 The past three years shall mean the past three financial years i.e.01/04/2007 to 31/03/2008,01/04/2008 to31/03/2009. 01/04/2009 to 31/03/2010.

2 In the event of Bidders financial accounting years being different than what is mentioned here in above, theannual accounts of the immediate past financial accounting years of the Bidders as per their company practiceshall be taken into consideration for the evaluation

3 The single currency for evaluation is Indian Rupee. The official selling price of Foreign Currency shall be theState Bank of India Bill Selling Rate of exchange as on the Tender opening Date.

4 The Net-worth shall be paid-up capital plus free reserves. (Net worth= Subscribed & paid-up equity + Reserves

Sum of (revaluation reserves + misc.expenditure + reserve not available for distribution to shareholders)

5 The Cash Accruals shall be Profit After Tax(PAT) plus Depreciation.

6 In "1", atleast one Criteria should satisfy

7 In "2", the Criteria to be satisfied in any of the project listed in that group

8 As the BOT period is 30 years + 4 years for construction, the highest percentage of revenue share every year willbe the selection criteria.

9 For serial numbers 3 to 31, the replies should be yes for the tenderer to be qualified in the technical evaluation

For serial numbers 1 and 2 any one of the alphabetical serial numbers should be yes for the tenderer to bequalified.

10 Serial numbers 1 and 2 may be read with serial numbers 13,14 and 15

11 Tenderer means all and each of the firms in the consortium, in case of a consortium.


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12 The bidder in advised to go through all parts of the bid documentation , guidelines and conditions before filling theproforma/submission of bids and all bidders are encouraged to submit their bids on line in the e-tender mode onlymuch before the last date of bid submission to avoid any internet / communication travels. The Directorate ofPorts will not be responsible for any inability of the bidder to submit fully the bids any part thereof well within thetime specified for any classification. On the condition or e- tender method, the matter may be emailed and faxedto the Directorate of Ports on or before 10th September 2010. Email: [email protected]. Fax No.0471-2324533. Any clarification/ guidance sought after the date may not be entertained.

13 The cargo rates / port fees etc. are expected to be less than the rates at kochi and Mangalore ports which are thetwo nearly major ports.