Tenders
GOVERNMENT OF KARNATAKA
(Dept. of Ports & Inland Water Transport)
No.GNL/CR-8:04-05 Office of the
Marine Engineer, Karwar
Dated:16-11-2009.
“ TENDER CUM AUCTION SALE NOTIFICATION’’
It is hereby notified for the information of the public, that Floating Crafts
1)Dredger “ Mahabala’’ alongwith some parts 2) Mysore Hopper Barge No I
Belonging to this Department lying at Karwar Port will be disposed off by the Tender cum Auction sale of both floating crafts, “As is where is ’’ condition. The public auction will be conducted at the premises of Office of the Marine Engineer, Karwar on 18-01-2010 at 1600 Hrs are as given below.
1. Dredger Mahabala alongwith some parts- Deposit of Rs 50,000/- (Rs Fifty Thousand Only ) in form of D.D or pay Order drawn in favour of Marine Engineer, Karwar of any of the Nationalized Bank.
2. Mysore Hopper Barge No .I ……….Deposit of Rs 15,000/- (Rs Fifteen Thousand only) in form of D.D or Pay Order drawn in favour of Marine Engineer ,Karwar of any of the Nationalized Bank.
Interested parties participating in Tender Cum Auction, should obtain above mentioned amount separately and submit in a separate sealed cover.
Sealed tender should be accepted on 18-01-2010 upto 1500 Hrs .The sealed tender will be opened on the same day.
If any more details, they may contact the Marine Engineer, Karwar during the office hours.
Marine Engineer,
Karwar
----------------
GOVERNMENT O KARNATAKA
(Dept. of Ports & Inland Water Transport)
No.GNL/CR-8/04-05 Office of the
Marine Engineer, Karwar
Dated: 16-11-2009.
TENDER CUM AUCTION SALE NOTIFICATION
It is hereby notified for the information of public that the Sealed Tender cum auction sale of the following Floating Crafts, “As is where is ” condition are invited.
The public auction will be conducted at premises of the Marine Engineer Office, Karwar on 18-01-2010 at 1600 Hrs.
Auction item : 1) “Dredger Mahabala” with some parts.
2) “Mysore Hopper Barge-I”
TERMS AND CONDITIONS
I) Intending bidders should deposit sums of:-
i) Rs.50,000/- (Rs. Fifty thousand only) for Dredger Mahabala
ii) Rs.15,000/- (Rs. Fifteen thousand only) for Mysore hopper Barge.I
In the form of DD/Pay order of any Nationalised Bank obtained in favour of the Marine Engineer, Karwar separately before 1500 Hrs of 18-01-2010.
2) Deposit for Public auction and sealed tenders for each Auction item should be furnished separately.
3) Separate sealed tender should be furnished for each Auction items i.e.
i) Dredger Mahabala and
ii) Mysore Hopper Barge.I
4) Separate sealed tenders should be superscribed as follows.
i. “Tender for sale of Dredger Mahabala
ii. “Tender for sale of Mysore Hopper Barge No.I” separately.
5) Sealed tenderers received without deposit (separate D.D’s for each tender) after due date and time will not be accepted.
6) The Sealed Tenders will be opened after public auction is over and in the presence of Tender’s/Bidder’s on the same day of the office premises i.e. Office of the Marine Engineer, Karwar highest offer of the two will be considered.
7. The Bidder’s/Tender’s amount shall be exclusive of the Sale Tax and Surcharge on the Sale Tax etc. These tax will be charged as per rule separately. While indicating the tender amount, if there are any corrections the same should be attested.
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8) After the approval of the tenders by the Director of Ports & I.W.T., Tender’s/Bidder’s should obtain permission from Central Excise/Custom Dept. for transportation of goods.
9) Bidders have to submit D.D./Pay Order of Rs.50,000/- (Rs. Fifty thousand only) for Dredger Mahabala, and Rs.15,000/- (Rs. Fifteen thousand only) for Mysore Hopper Barge No.I to the office and Register their name in the Auction list.
10) Interested Tender’s/Bidder’s can examine the floating Crafts i.e. Dredger Mahabala and Mysore Hopper Barge No.I, during the office hours with prior permission of the Marine Engineer, Karwar from 1201.2010 to 15.01.2010.
11) The successful Tender’s/Bidder’s should immediately remit 25% of tendered/bid amount.
12) The Competent Authority reserve the right to accept or reject all the offers including highest Tenderer’s/Bidderer’s without assigning any reasons thereof.
13) Successful Bidder’s are liable to pay Port and Custom duties applicable.
14) The successful Bidder’s fails to take a delivery of the said crafts, lying fees will be lived as per prevailing rules.
15) The materials should be lifted within a 30 days of receipt of information regarding confirmation of bid by the Competent Authority after crediting balance of 75% amount and, Sale Tax and Sucharge Tax on sale tax as per rules as applicable for the entire Bidder’s/Tenderer’s amount failing which 25% of the Tender/Bid amount credited will be forfeited to Government.
MARINE ENGINEER,
KARWAR.
---------------------------00-----------------------------
GOVERNMENT OF KARANATAKA
(DEPARTMENT OF PORTS & INLAND WATER TRANSPORT, KARWAR)
DEVELOPMENT OF MODERN DEEP SEA PORT AT KARWAR
ON THE COASTLINE OF KARNATAKA MARITIME STATE
ON INTERNATIONAL COMPETITIVE BIDDING
ON BUILD OWN OPERATE AND TRANSFER (BOOT) BASIS
REQUEST FOR QUALIFICATION
DIRECTOR OF PORTS & INLAND WATER TRANSPORT, KARWAR-581302,
UTTARA KANNADA DISTRICT, KARNATAKA STATE, INDIA.
E:mail: directorate@sancharnet.in
Website: www.karnatakaports.in
Telephone:91-08382-221494 Fax:91-08382-221488
Request for QUALIFICATION
Table of Contents
Contents PAGE
SECTION I NOTICE of INVITATION for QUALIFICATION 4
SECTION II INTRODUCTION 7
SECTION III INSTRUCTION TO APPLICANTS 12
SECTION IV CRITERIA FOR EVALUATION 26
APPENDIXS
1 Format of Application 34
Annex I - Details of Applicant 36
Annex II - Technical Capacity of the Applicant 38
Annex III - Financial Capacity of the Applicant 39
Annex IV - Details of Eligible Projects 41
Annex V - Statement of Legal Capacity 44
2 Power of Attorney for Signing of Application 45
3 Power of Attorney for Lead Member of Consortium 47
4. Guidelines of the Department of Disinvestment 49
5. Background Note 51
6 Project Profile 54
7 Sketch-1: Layout of the Project 56
SECTION I
NOTICE INVITING TENDER
GOVERNMENT OF KARANATAKA
(DEPARTMENT OF PORTS & INLAND WATER TRANSPORT, KARWAR)
SECTION I
INVITATION FOR QUALIFICATION
No. PIWT-22/DEV-II/2007 Dt: 20 .08.2007
Invitation for Qualification for
The
DIRECTOR OF PORTS & INLAND WATER TRANSPORT, GOVERNMENT OF KARNATAKA, KARWAR-581302, UTTARA KANNADA DISTRICT invites Applications from interested parties (Applicants) in accordance with the Request for Qualification (RFQ) Document in order to shortlist competent Applicants who can subsequently bid for the Project as per Request for Proposal (RFP) Documents.The Government of Karnataka is desirous of entrusting the project of
DEVELOPMENT OF MODERN DEEP SEA PORT AT KARWAR ON THE COASTLINE OF KARNATAKA MARITIME STATE on Build, Own, Operate and Transfer (BOOT) basis.The RFQ Document containing Profile of the Project, Instructions to Applicants and Evaluation Criteria may be obtained on any working day during 10:00 hours to 16:00 hours IST from the office of the
DIRECTOR OF PORTS & INLAND WATER TRANSPORT, KARWAR-581302, UTTARA KANNADA DISTRICT, KARNATAKA STATE on submission of a demand draft (non refundable) of Rs.25,000/- drawn in favour of DIRECTOR OF PORTS & INLAND WATER TRANSPORT and payable at Karwar. The RFQ Documents could also be downloaded by the eligible Bidders from the DEPARTMENT OF PORTS & INLAND WATER TRANSPORT, KARWAR website (www.karnatakaports.in) and in such a case, the cost of the Document viz., Rs.25,000/- (Rupees twenty five thousand only) (which is non-refundable) in the form of demand draft, shall be submitted along with their application.Sale Period: From 27.08.2007 to 01.10.2007 on any working day from 10:00 hours to 16:00 hours IST.
The completed Application in the required format containing all the information requested in the RFQ Document shall be submitted before 16:00 hrs. IST on 31.10.2007 to the Office of the
DIRECTOR OF PORTS & INLAND WATER TRANSPORT, KARWAR-581302, UTTARA KANNADA DISTRICT, KARNATAKA STATE, INDIA. The validity of the application shall be 210 days from the last date of submission of Application.Time schedule for different activities upto the announcement of short listed applicants is as under:
Sale of RFQ Document : 27.08.2007 to 01.10.2007
Last date for receiving queries regarding RFQ : 15.10.2007
Pre- Application conference : 18.10.2007
Last date for submission of Applications : 31.10.2007
The RFQ Document may be collected by an Authorized representative. The RFQ will not be sent by post.
DIRECTOR OF PORTS &
INLAND WATER TRANSPORT
GOVERNMENT OF KARANATAKA
(DEPARTMENT OF PORTS & INLAND WATER TRANSPORT, KARWAR)
AMENDMENT - I
No. PIWT-22/DEV-II/2007 Dt: 1.09.2007
Sub: Modification of calendar of Events.
Ref: This Office invitation for Qualification Reference No.PIWT-22/DEV-II/2007 Dated: 20.08.2007.
The calendar of Events of the Invitation for Qualification (RFQ) issued vide this office Notification No.PIWT-22/DEV-II/2007 Dated: 20.08.2007 for
|
Sl. No. |
Schedule of Process |
As Existing |
As Amended |
|
1. |
Sale of RFQ Document |
27.08.2007 to 01.10.2007 |
27.08.2007 to 10.09.2007 |
|
2. |
Last date for receiving queries regarding RFQ |
15.10.2007 |
20.09.2007 |
|
3. |
Pre- Application conference |
18.10.2007 |
21.09.2007 |
|
4. |
Last date for submission of Applications |
31.10.2007 |
29.09.2007 |
All other Terms and Conditions and Other particulars remain unaltered.
DIRECTOR OF PORTS &
INLAND WATER TRANSPORT
KARWAR.
SECTION II
INTRODUCTION
GOVERNMENT OF KARANATAKA
(DEPARTMENT OF PORTS & INLAND WATER TRANSPORT, KARWAR)
1. INTRODUCTION
1.1 Background
1.1.1 The DIRECTOR OF PORTS & INLAND WATER TRANSPORT, GOVERNMENT OF KARNATAKA, KARWAR (the "Authority") is engaged in the DEVELOPMENT OF MODERN DEEP SEA PORT AT KARWAR ON THE COASTLINE OF KARNATAKA MARITIME STATE on Build, Own, Operate and Transfer (BOOT) basis, and has decided to carry out the bidding process for selection of the preferred bidder/sponsor. The project is as follows:
DEVELOPMENT OF MODERN DEEP SEA PORT AT KARWAR ON THE COASTLINE OF KARNATAKA MARITIME STATE
on Build, Own, Operate and Transfer (BOOT) basis, ( Please see Appendix – 6 Project Profile and Appendix – 7 Sketch – the layout of the project ).The Authority intends to pre-qualify suitable Applicants who will be eligible for participation in the Bid Stage, for awarding the Project through an open competitive bidding process in accordance with the procedure set out herein.
1.1.2 The successful Bidder, who is either a company incorporated under the Companies Act, 1956 or undertakes to incorporate itself as such prior to execution of the concession agreement (the "Concessionaire"), shall be responsible for designing, engineering, financing, procurement, construction, operation and maintenance of the Project under and in accordance with the Concession Agreement to be entered into between the Concessionaire and the Authority.
1.1.3 Indicative capital costs of the Project is approximately Rs.500 crore. The "Estimated Project Cost" will be revised and specified in the Bidding Documents of the Project. The assessment of actual costs, however, will have to be made by the Bidders.
1.1.4
All the provisions in this RFQ regarding the project are only indicative and purely provisional, subject to discussion and finalization in the RFP.1.2 Brief description of Bidding Process
1.2.1 The Authority intends to follow a two-stage process (collectively referred to as the "Bidding Process") for selection of the preferred bidder for the Project. The first stage (the "Qualification Stage") of the process involves qualification (the "Qualification") of interested parties/consortia (the "Applicants"). At the end of this stage, the Authority expects to announce a short-list of suitable pre-qualified Applicants who shall be eligible for participation in the second stage of the Bidding Process (the "Bid Stage") comprising Request for Bids/Proposals (the "Request for Bids/Proposals" or "RFP").
1.2.2 During the Qualification Stage, Applicants would be required to furnish the information specified in this RFQ. Only those companies or consortia that are pre-qualified by the Authority shall be invited to submit their Bids for the Project. The Authority is likely to provide a comparatively short time span for submission of the Bids for the Project. The Applicants are, therefore, advised to visit the site and familiarize themselves with the Project.
1.2.3 In the Bid Stage, the short-listed pre-qualified Applicants (the "Bidders") will be called upon to submit their financial offers (the "Bids") in respect of the Project, in accordance with the bidding documents comprising the Request for Bids/ Proposals (the "Bidding Documents").
The Bidding Documents for the Project will be provided to every Bidder on payment of Rs. 25,000 (Rs. Twenty-five thousand only) ( which is non-refundable). The Bid shall be valid for a period of not less than 210 days from the Bid Due Date.
1.2.4 A Bidder will be required to deposit, along with its Bid, a bid security equivalent to 1% (one per cent)
of the Estimated Project Cost i.e. ( Rs.5 crore). The "Bid Security", shall be refundable not later than 30 days from the last date for submission of Bids (the "Bid Due Date") except in the case of the two highest Bidders. The Bidders will have an option to provide Bid Security in the form of a bank guarantee acceptable to the Authority and in such event, the validity period of the bank guarantee shall be not less than 250 days from the Bid Due Date, as may be extended by the Applicant from time to time. The Bid shall be summarily rejected if it is not accompanied by the Bid Security.1.2.5 Generally, the successful Bidder shall be the highest Bidder. The second highest Bidder shall be kept in reserve and may be invited to match the Bid submitted by the highest Bidder in case such highest Bidder withdraws or is not selected for any reason. In the event that the Concession is awarded to the highest Bidder, the second highest Bidder who has been kept in reserve shall be refunded the Bid security not later than 210 days from the date of submission of the Bid.
1.2.6 During the Bid Stage, Bidders are invited to examine the Project in greater detail, and to carry out, at their cost, such studies as may be required for submitting the Bids for implementation of the Project.
1.2.7 As part of the Bidding Documents, the Authority would provide for the Project a draft Concession Agreement and other information pertaining / relevant to the project available with it.
1.2.8 Bids will be invited for award of the Project to the Bidder quoting the highest revenue share offered. All other project parameters shall be determined prior to inviting the Bids.
1.2.9 The Concessionaire would be entitled to levy and recover Tariff from the owners / consignee of cargo using the Project Facilities and Services, for cargo related charges and vessel related charges and any other port charges for handling and associated activities in respect of the Project, as per Scale of Rates approved and notified by the Government of Karnataka or any other competent authority from time to time. The Tariff prescribed in the Scale of Rates will only be the ceilings and the Operator shall have the flexibility to levy the charges at his discretion, within such ceilings. However, for computation of Gross Revenue for the purposes of revenue sharing with the Department of Ports & Inland Water Transport, the ceilings will be taken into account by ignoring the discount/rebates in tariff/levy, if any, offered by the Licensee to any User.
1.2.10 Bidders would be required to quote, in the Price Proposal, the percentage of the Gross Revenue earned from operations of the Project by levy of tariff, which would be shared with the Department of Ports & Inland Water Transport. The Project would be awarded to the bidder quoting the highest percentage of revenue to be shared with the Port Department.
1.2.11 In addition to the revenue sharing (Royalty), License Fee for the assets made available by the Port Department, as prescribed by the Department of Ports & Inland Water Transport, Government of Karnataka shall be payable by the Operator.
1.2.12 Further details of the process that would be followed at the Proposal Stage would be spelt out in the RFP Document (to be provided to the short-listed Applicants only).
1.2.13 Any queries or request for additional information concerning this RFQ shall be submitted in writing or by fax and e-mail to the Director of Ports & Inland Water Transport, Karwar-581 302, Uttara Kannada, Karnataka State, India. Ph.No.91-8382-221494, Fax No. 91-8382-221488, E-mail: directorate@sancharnet.in.
The envelopes and the communications shall clearly bear the following identification:
"Queries/Request for Additional Information concerning RFQ on Development of Karwar Port".
1.3 Schedule of Bidding Process
The Authority would endeavor to adhere to the following schedule:
|
Event Description Qualification Stage |
Estimated Date |
|
|
1. |
Last date for receiving queries with reference to RFQ |
15.10.2007 |
|
2. |
Pre-Application Conference |
18.10.2007 |
|
3. |
Authority response to queries latest by |
19.10.2007 |
|
4. |
Application Due Date |
31.10.2007 |
Bid Stage
|
1 |
Sale of Bid Documents |
19.11.2007 |
|
2 |
Pre-Bid Meeting - 1 |
01.12.2007 |
|
3 |
Pre-Bid Meeting - 2 |
29.12.2007 |
|
4 |
Bid Due Date |
24.03.2008 |
|
5 |
Opening of Bids |
24.03.2008 |
|
6 |
Letter of Acceptance(L.O.A) |
Within 30 days of Bid Due Date. |
|
7 |
Validity of Bids |
210 Days of Bid Due Date |
|
8 |
Signing of Concession Agreement |
Within 30 days of award of LOA |
The Authority is empowered and entitled to change any of these above mentioned dates without assigning any reasons whatsoever.
GOVERNMENT OF KARANATAKA
(DEPARTMENT OF PORTS & INLAND WATER TRANSPORT, KARWAR)
AMENDMENT - II
No. PIWT-22/DEV-II/2007 Dt: 1.09.2007
Sub: Modification of calendar of Events.
Ref: This Office invitation for Qualification Reference No.PIWT-22/DEV-II/2007 Dated: 20.08.2007.
The calendar of Events of the Bid process issued vide this office Notification No.PIWT-22/DEV-II/2007 Dated: 20.08.2007 for
B. Bid Process
|
1 |
Sale of Bid Document |
19.11.2007 |
11.10.2007 (1600 hrs ISI) |
|
2 |
First Pre-Bid Meeting |
01.12.2007 |
24.10.2007 |
|
3 |
Second Pre-Bid Meeting |
29.12.2007 |
30.10.2007 |
|
4 |
Bid Due Date |
24.03.2008 |
30.11.2007 (1500 hrs, ISI) |
|
5 |
Opening of Bids |
24.03.2008 |
30.11.2007 |
|
6 |
Issue of Letter of Acceptance (LOA) |
Within 30 days of Bid Due Date. |
15.12.2007 |
|
7 |
Signing of Bids |
Within 30 days of award of LOA |
31.12.2007 |
|
8 |
Validity of Bids |
210 Days of Bid Due Date |
210 days from Bid Due date |
All other Terms and Conditions and Other particulars remain unaltered.
DIRECTOR OF PORTS &
INLAND WATER TRANSPORT
KARWAR.
SECTION - III
INSTRUCTIONS TO APPLICANTS
INSTRUCTIONS TO APPLICANTS
A. GENERAL
2.1 Scope of Application
2.1.1 The Authority wishes to receive Applications for Qualification to short-list experienced and capable Applicants for the Bidding Stage.
2.1.2 Short-listed Applicants would be subsequently invited to submit the Bids for the Project.
2.1.3 All the provisions in this RFQ regarding the project are only indicative and purely provisional, subject to discussion and finalization in the RFP.
2.2 Eligibility of Applicants
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2.2.1 |
(a) |
The Applicant for pre-qualification may be a single entity or a group of entities (the "Consortium"), coming together to implement the Project. However, no Applicant applying individually can be member of any Applicant Consortium. The term Applicant used herein would apply to both a single entity and a Consortium. |
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(b) |
An Applicant may be a natural person, private entity, or any combination of them with a formal intent to enter into an agreement or under an existing agreement in the form of a Consortium. A Consortium shall be eligible for consideration subject to the conditions set out in Clause 2.2.6 below. |
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(c) |
An Applicant shall not have a conflict of interest. All Applicants found to have a conflict of interest shall be disqualified. Without limiting the generality of the above, an Applicant may be considered to have a conflict of interest with one or more parties in this Bid Process, if: |
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(i) |
such Applicant (or any constituent thereof) and any other Applicant (or any constituent thereof) have common controlling shareholders or other ownership interest; or |
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(ii) |
a constituent of such Applicant is also a constituent of another Applicant; or |
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(iii) |
such Applicant receives or has received any direct or indirect subsidy from any other Applicant, or has provided any such subsidy to any other Applicant; or |
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(iv) |
such Applicant has the same legal representative for purposes of this Application as any other Applicant; or |
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(v) |
such Applicant has a relationship with another Applicant, directly or through common third parties, that puts them in a position to have access to each others’ information about, or to influence the Application of either or each of the other Applicant; or
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(vi) |
such Applicant has participated as a consultant to the Authority in the preparation of the design or technical specifications of the Project. |
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(d) |
An Applicant shall be liable to disqualification if the legal, financial or technical advisers of the Authority in relation to the Project are engaged by the Applicant in any manner for matters related to or incidental to such Project. |
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2.2.2 To be eligible for pre-qualification and short-listing, an Applicant shall fulfill the following conditions of eligibility:
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(A) |
Technical Capacity: The Applicant must have developed and must be operating similar facility in other ports in India or in any other country having capacity to handle traffic of more than 1 Milllion tone per annum.. |
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The applicant shall have audited turnover of more than Rs. 500 crore in BOT (Build-Operate-Transfer), BOLT( Build –Own-Operate- Transfer), BOO (Build-Own-Operate), BOOT (Build-Own-Operate-Transfer) or other similar Projects that qualify as eligible projects. |
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(B) |
Financial Capacity: The Applicant shall have a minimum Net Worth at the end of the most recent financial year. (the "Financial Capacity") of Rs.70 (seventy) crore. In case of a Consortium, the condition shall be satisfied jointly by the constituents of the consortium.The aggregate Net cash accruals of the Applicant for the last three financial year shall be at least equal to 25% of the estimated cost of the project. i.e., Rs.125 (one hundred twenty-five) crore. In case of a Consortium, the condition shall be satisfied jointly by the constituents of the consortium. |
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2.2.3 The Applicants shall enclose with its application, to be submitted as per the format at Appendix-I, complete with its Annexures, the following:
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(i) |
Certificates from its statutory auditors or the concerned client stating the payments received or works commissioned, as the case may be, during the past 5 years in respect of the projects specified in paragraph 2.2.2 above. In case a particular job/ contract has been jointly executed by the Applicant (as part of a consortium), he should further support his claim for the share in work done for that particular job/contract by producing a certificate from its statutory auditor or the client; and |
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(ii) |
certificates from its statutory auditors specifying the net worth of the Applicant, as at the close of the preceding financial year, and also specifying that the methodology adopted for calculating such net worth conforms to the provisions of this Clause. For the purposes of this RFQ, net worth (the "Net Worth") shall mean the sum of subscribed and paid up equity and reserves from which shall be deducted the sum of revaluation reserves, miscellaneous expenditure not written off and accrued liabilities. |
2.2.4 The Applicant should submit a Power of Attorney as per the format at Appendix 2, authorizing the signatory of the Application to commit the Applicant.
2.2.5 Where the Applicant is a Consortium, it should comply with the following additional requirements:
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(a) |
Number of members in a consortium would be limited to 3 (three), but information sought in the Application may be restricted to 2 (two) members in the order of their equity contribution; |
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(b) |
subject to the provisions of clause (a) above, the Application should contain the information required for each member of the Consortium; |
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(c) |
members of the Consortium shall nominate one member as the lead member (the "Lead Member"), who shall have an equity share of at least 26% in the Consortium. The nominations shall be supported by a Power of Attorney, as per the format at Appendix 3, signed by all the other members of the Consortium; |
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(d) |
the Application should include a brief description of the roles and responsibilities of individual members, particularly with reference to financial, technical and O&M obligations; |
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(e) |
an individual Applicant cannot at the same time be member of a Consortium applying for pre-qualification. Further, a member of a particular Applicant Consortium cannot be member of any other Applicant Consortium applying for pre-qualification; |
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(f) |
the parties to a Consortium shall be entitled to form an appropriate Special Purpose Vehicle (the "SPV"), incorporated under the Indian Companies Act, 1956, to submit Bids in due course and/or execute the Project[s] if awarded to the Consortium; and |
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(g) |
members of the Consortium shall enter into a binding Joint Bidding Agreement (the "Joint. Bidding Agreement") for the purpose of making the Application and submitting Bid in the event of being short-listed. The Joint. Bidding Agreement shall, inter alia: |
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(i) |
convey the intent to form an SPV with shareholding / ownership equity commitment(s) in accordance with this RFQ, which would enter into the Concession Agreement and subsequently carry out all the responsibilities as Concessionaire in terms of the Concession Agreement, in case the Concession to undertake the Project is awarded to the Consortium; |
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(ii) |
clearly outline the proposed roles and responsibilities of each member at each stage; |
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(iii) |
commit the minimum equity stake to be held by each member; and
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(iv) |
include a statement to the effect that all members of the Consortium shall, till such time they incorporate an SPV and provide the specified performance security or bond, be liable jointly and severally for execution of the Project in accordance with the terms of the Concession Agreement. |
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(Note: A copy of the Joint Bidding Agreement should be submitted along with the Application. The Joint. Bidding Agreement entered into between the members of the Consortium should be specific to the Project and should fulfill the above requirements, failing which the Application shall be considered non-responsive).
2.2.6 Any entity which has been barred by the Central/State Government, or any entity controlled by them, from participating in any project (BOT/BOOT or otherwise), and the bar subsists as on the date of Application, would not be eligible to submit an Application, either individually or as member of a Consortium.
2.2.7 An Applicant/Consortium member should, in the last three years, have neither failed to perform on any contract, as evidenced by imposition of a penalty by an arbitral or judicial authority or a judicial pronouncement or arbitration award against the Applicant, nor been expelled from any project or contract nor have had any contract terminated for breach by such Applicant/ Consortium member.
2.2.8 In computing the Technical Capacity and Net Worth of the Applicant/Consortium members under Clauses 2.2.2 the Technical Capacity and Net Worth of their respective Associates would also be eligible hereunder.
For purposes hereof, "Associate" means, in relation to the Applicant/Consortium member, a person who controls, or is controlled by, or is under the common control with such Applicant/ Consortium member. As used in this definition, the expression "control" means, with respect to a person which is a company or corporation, the ownership, directly or indirectly, of more than 50% (fifty per cent) of the voting shares of such person, and with respect to a person which is not a company or corporation, the power to direct the management and policies of such person, whether by operation of law or by contract or otherwise.
2.2.9 The following conditions shall be adhered to while submitting an Application:
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(i) |
Applicants should attach clearly marked and referenced continuation sheets in the event that the space provided in the prescribed forms in the Annexures is insufficient. Alternatively, Applicants may format the prescribed forms making due provision for incorporation of the requested information; |
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(ii) |
information supplied by an Applicant (or other constituent member if the Applicant is a Consortium) must apply to the Applicant or constituent member named in the application and not, unless specifically requested, to other associated companies or firms. Invitation to submit Bids will be issued only to Applicants whose identity and/ or constitution is identical to that at pre-qualification; |
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(iii) |
in responding to the pre-qualification submissions, Applicants should demonstrate their capabilities in accordance with Clause 3.1 below; and
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(iv) |
in case the Applicant is a consortium, each member of the Consortium should substantially satisfy the pre-qualification requirements to the extent specified herein. |
2.2.10 While Qualification is open to persons from any country, the following provisions shall be applicable:
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(a) |
Where, on the date of the Application, not less than 15% (fifteen percent) of the aggregate issued, subscribed and paid up equity share capital in an Applicant or any of the constituents of a Consortium is held by persons resident outside India or where an Applicant or any of the constituents of a Consortium is controlled by persons resident outside India; or |
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(b) |
if at any subsequent stage after the date of the Application, there is an acquisition of not less than 15% (fifteen percent) of the aggregate issued, subscribed and paid up equity share capital or control (by persons resident outside India) in or of the Applicant or any of the constituents of a Consortium; |
then the Qualification of such Applicant or in the event described in sub clause (b) above, the continued Qualification of the Applicant shall be subject to approval of the Authority from national security and public interest perspective. The decision of the Authority in this behalf shall be final and conclusive and binding on the Applicant.
The holding or acquisition of equity or control, as above, shall include direct or indirect holding/acquisition, including by transfer, of the direct or indirect legal or beneficial ownership or control, by persons acting for themselves or in concert and in determining such holding or acquisition, the Authority shall be guided by the principles, precedents and definitions contained in the Securities and Exchange Board of India (Substantial Acquisition of Shares and Takeovers) Regulations, 1997, or any substitute thereof, as in force on the date of such acquisition.
The Applicant shall promptly inform the Authority of any change in its shareholding, as above, and failure to do so shall render the Applicant liable for disqualification from the Bidding Process.
2.3 Change in composition of the Consortium
2.3.1 Change in the composition of a Consortium will not be permitted by the Authority during the Qualification Stage.
2.3.2 Change in the composition of a Consortium may be permitted by the Authority during the Bid Stage, only where:
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(a) |
the modified Consortium would continue to meet the Qualification criteria for Applicants; |
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(b) |
the new member(s) expressly adopt(s) the Application already made on behalf of the Consortium as if it were a party to it originally, and is not a member of any other Consortium/ Applicant bidding for the Project; and |
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(c) |
there is no change of Lead Member or in his role and responsibilities. |
2.3.3 Approval for change in the composition of a Consortium shall be at the sole discretion of the Authority and must be approved by the Authority in writing.
2.3.4 The modified/reconstituted Consortium shall be required to submit a revised MoU before the Bid Due Date.
2.4 Number of Applications
Each Applicant shall submit only 1 (one) Application in response to this RFQ. Any Applicant, who submits or participates in more than one Application, will be disqualified and will also cause the disqualification of each of the Consortia of which it is a member.
2.5 Application and other costs
The Applicant shall be responsible for all of the costs associated with the preparation of its Application and its participation in either the Qualification Stage or the Bid Stage. The Authority will not be responsible or in any way liable for such costs, regardless of the conduct or outcome of the Bidding Process.
2.6 Project inspection and site visit
2.6.1 Applicants are encouraged to submit their respective Applications after visiting the Project site and ascertaining for themselves the location, surroundings, climate, availability of power, water and other utilities for construction, access to site, handling and storage of materials, weather data, applicable laws and regulations or any other matter considered relevant by them.
2.6.2 It shall be deemed that by submitting the Application, the Applicant has:
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(a) |
made a complete and careful examination of the RFQ; |
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(b) |
received all relevant information requested from the Authority; and |
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(c) |
acknowledged and accepted the risk of inadequacy, error or mistake in the information provided in the RFQ or furnished by or on behalf of the Authority or relating to any of the matters referred to in Clause 2.6.1 above. |
2.6.3 The Authority shall not be liable for any omission, mistake or error on the part of the Applicant in respect of any of the above or on account of any matter or thing arising out of or concerning or relating to RFQ or the Bidding Process, including any error or mistake therein or in any information or data given by the Authority.
2.7 Right to accept or reject any or all Applications/Bids
2.7.1 Notwithstanding anything contained in this RFQ, the Authority reserves the right to accept or reject any Application and to annul the bidding process and reject all Applications / Bids, at any time without any liability whatsoever or any obligation for such acceptance, rejection or annulment, and without assigning any reasons thereof.
2.7.2 The Authority reserves the right to reject any Application and/or Bid if:
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(a) |
at any time, a material misrepresentation is made or uncovered, or |
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(b) |
the Applicant does not provide, within the time specified by the Authority, the supplemental information sought by the Authority for evaluation of the Application. |
Such misrepresentation/improper response would lead to the disqualification of the Bidder. If the Bidder is a Consortium, then the entire Consortium would be disqualified / rejected. If such disqualification / rejection occurs after the Bids have been opened and the highest bidder gets disqualified / rejected, then the Authority reserves the right to:
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(i) |
invite the next highest Bidder to match the Bid submitted by the highest Bidder; or |
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(ii) |
take any such measure as may be deemed fit in the sole discretion of the Authority, including annulment of the Bidding Process. |
B. DOCUMENTS
2.8 Contents of the RFQ
This RFQ comprises the contents as listed below, and would additionally include any Addenda issued in accordance with Clause 2.10.
Invitation for Qualification
Section 1. Notice inviting Qualification
Section 2. Introduction
Section 3. Instructions to Applicants
Section 4. Criteria for Evaluation
Appendices
1. Application
2. Power of Attorney for signing of Application
3. Power of Attorney for Lead Member of Consortium
4. Guidelines of the Department of Disinvestment.
5. Background note
6. Project profile
7. Layout of the Project
2.9 Clarifications
2.9.1 A prospective Applicant requiring any clarification on the RFQ may notify the Authority in writing or by fax and e-mail in accordance with Clause 1.2.11. The Applicants should send in their queries before the date mentioned in the Schedule of Bidding Process. The Authority would endeavour to respond to the queries within the specified period. The responses will be sent by fax or e-mail. The Authority will forward all the queries and its responses thereto, to all purchasers of the RFQ without identifying the source of queries.
2.9.2 The Authority reserves the right not to respond to questions raised or provide clarifications sought, in its sole discretion. Nothing in this clause shall be taken or read as compelling or requiring the Authority to respond to any question or to provide any clarification.
2.10 Amendment of RFQ
2.10.1 At any time prior to the deadline for submission of Application, the Authority may, for any reason, whether at its own initiative or in response to clarifications requested by an Applicant, modify the RFQ by the issuance of Addenda.
2.10.2 Any Addendum thus issued will be sent in writing to all those who have purchased the RFQ.
2.10.3 In order to afford the Applicants a reasonable time in which to take an Addendum into account, or for any other reason, the Authority may, at its own discretion, extend the Application Due Date.
C. PREPARATION AND SUBMISSION OF APPLICATION
2.11 Language
The Application and all related correspondence and documents should be written in the English language. Supporting documents and printed literature furnished by the Applicant with the Application may be in any other language provided that they are accompanied by appropriate translations of the pertinent passages in the English language. Supporting materials, which are not translated into English, may not be considered. For the purpose of interpretation and evaluation of the Application, the English language translation shall prevail.
2.12 Format and signing of Application
2.12.1 The Applicant shall provide all the information sought under this RFQ. The Authority would evaluate only those Applications that are received in the required format and complete in all respects. Incomplete and / or conditional Applications shall be liable to rejection.
2.12.2 The Applicant shall prepare one original set of the documents comprising the Application (together with originals/copies of documents required to be submitted along therewith pursuant to this RFQ) and clearly marked "ORIGINAL". In addition, the Applicant shall submit 2 (two) copies of the Application, marked "COPY". In the event of any discrepancy between the original and the copies, the original shall prevail.
2.12.3 The Application and its copies shall be typed or written in indelible ink and the Applicant shall initial each page in blue ink. All the alterations, omissions, additions or any other amendments made to the Application shall be initiated by the person(s) signing the Application. The Application shall contain page numbers and shall be hard bound.
2.13 Sealing and marking of Applications
2.13.1 The Applicant shall seal the original and each copy of the Application, together with their respective enclosures, in separate envelopes duly marking the envelopes as "ORIGINAL" and "COPIES". The envelopes shall then be sealed in an outer envelope.
2.13.2 Each envelope shall contain:
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(i) |
Application in the prescribed format (Appendix-1) along with Annexures and supporting documents; |
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(ii) |
Power of Attorney as per the format at Appendix 2; |
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(iii) |
Power of Attorney as per the format at Appendix 3, in case of Consortium; |
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(iv) |
copy of the MoU, in case of a Consortium; |
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(v) |
copy of Memorandum and Articles of Association, if the Applicant / Consortium member is a body corporate, and if a partnership then a copy of its partnership deed; |
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(vi) |
copies of Applicant’s/each Consortium member’s duly audited balance sheet and profit and loss account for the preceding five years; and |
The envelopes shall clearly bear the following identification:
"Application for
REQUEST FOR QUALIFICATION FOR DEVELOPMENT OF MODERN DEEP SEA PORT AT KARWAR ON THE COASTLINE OF KARNATAKA MARITIME STATE ON INTERNATIONAL COMPETATIVE BIDDING ON BUILD OWN, OPERATE AND TRANSFER (BOOT) BASIS2.13.3 The envelope shall be addressed to:
DIRECTOR OF PORTS & INLAND WATER TRANSPORT,
KARWAR-581302,
UTTARA KANNADA DISTRICT,
KARNATAKA STATE - INDIA.
2.13.4 If the envelope is not sealed and marked as instructed above, the Authority assumes no responsibility for the misplacement or premature opening of the contents of the Application submitted.
2.14 Application Due Date
2.14.1 Applications should reach the Authority before 1600 hours IST on 31.10.2007 at the address provided in Clause 2.13.3 in the manner and form as detailed in this RFQ. Applications submitted by either facsimile transmission, or email or telex will not be acceptable.
2.14.2 The Authority may, in exceptional circumstances and at its sole discretion, extend the Application Due Date by issuing an Addendum in accordance with Clause 2.10 uniformly for all Applicants.
2.15 Late Applications
Applications received by the Authority after the Application Due Date shall not be eligible for consideration and shall be summarily rejected.
2.16 Modification/substitution/withdrawal of Applications
2.16.1 The Applicant may modify, substitute or withdraw its Application after submission, provided that written notice of the modification, substitution or withdrawal is received by the Authority by the Application Due Date. No Application shall be modified, substituted or withdrawn by the Applicant after the Application Due Date.
2.16.2 The modification, substitution or withdrawal notice shall be prepared, sealed, marked, and delivered in accordance with Clause 2.13, with the envelopes being additionally marked "MODIFICATION", "SUBSTITUTION" or "WITHDRAWAL", as appropriate.
2.16.3 Any alteration/modification in the Application or additional information material supplied subsequent to the Application Due Date, unless the same has been expressly sought for by the Authority, shall be disregarded.
D. EVALUATION PROCESS
2.17 Evaluation of Applications
2.17.1 The Authority would open the Applications on the Application Due Date, or on any working day thereafter, for the purposes of evaluation.
2.17.2 Applications for which a notice of withdrawal has been submitted in accordance with Clause 2.16 shall not be opened.
2.17.3 The Authority would subsequently examine and evaluate Applications in accordance with the criteria set out in Section 3.
2.17.4 Applicants are advised that pre-qualification of Applicants will be entirely at the discretion of the Authority. Applicants will be deemed to have understood and agreed that no explanation or justification on any aspect of the Bidding Process or selection will be given.
2.17.5 Any information contained in the Application shall not in anyway be construed as binding on the Authority, its agents, successors or assigns, but shall be binding against the Applicant if any Project is subsequently awarded to it under the Bidding Process on the basis of such information.
2.17.6 The Authority reserves the right not to proceed with the Bidding Process at any time without notice or liability and to reject any Application without assigning any reasons.
2.18 Confidentiality
Information relating to the examination, clarification, evaluation, and recommendation for the short-listed pre-qualified Applicants shall not be disclosed to any person who is not officially concerned with the process or is not a retained professional advisor advising the Authority in relation to, or matters arising out of, or concerning the Bidding Process. The Authority will treat all information, submitted as part of Application, in confidence and would require all those who have access to such material to treat the same in confidence. The Authority will not divulge any such information unless it is directed to do so by any statutory entity that has the power under law to require its disclosure or is to enforce or assert any right or privilege of the statutory entity and/or the Authority.
2.19 Tests of responsiveness
2.19.1 Prior to evaluation of Applications, the Authority will determine whether each Application is responsive to the requirements of the RFQ. An Application shall be considered responsive if the Application:
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(a) |
is received by the Application Due Date including any extension thereof pursuant to Clause 2.14.2; |
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(b) |
is signed, sealed and marked as stipulated in Clause 2.13; |
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(c) |
is accompanied by the Power(s) of Attorney as specified in Clause 2.2.5; |
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(d) |
contains all the information (complete in all respects) as requested in the RFQ; |
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(e) |
contains information in formats same as those specified in this RFQ; and |
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(f) |
is accompanied by the MoU (for Consortium), specific to the Project, as stipulated in Clause 2.2.6(g). |
2.19.2 The Authority reserves the right to reject any Application which is non-responsive and no request for alteration, modification, substitution or withdrawal shall be entertained by the Authority in respect of such Application.
2.20 Clarifications
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(i) |
To facilitate evaluation of Applications, the Authority may, at its sole discretion, seek clarifications from any Applicant regarding its Application. Such clarification(s) shall be provided within the time specified by the Authority for this purpose. Any request for clarification(s) and all clarification(s) shall be in writing.
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(ii) |
If an Applicant does not provide clarifications sought under Sub-Clause (i) above within the prescribed time, its Application shall be liable to be rejected. In case the Application is not rejected, the Authority may proceed to evaluate the Application by construing the particulars requiring clarification to the best of its understanding, and the Applicant shall be barred from subsequently questioning such interpretation of the Authority. |
E. QUALIFICATION AND BIDDING
2.21 Short-listing and notification
After the evaluation of Applications, the Authority would announce a list of short listed pre-qualified Applicants (Bidders) who will be eligible for participation in the Bid Stage. At the same time, the Authority would notify the other Applicants that they have not been short-listed. The Authority will not entertain any query or clarification from Applicants who fail to qualify.
2.22 Submission of Bids
The Bidders would be requested to submit a Bid in the form and manner to be set out in the Bidding Documents.
Only pre-qualified Applicants shall be invited by the Authority to submit their Bids for the Project. The Authority is likely to provide a comparatively short time span for submission of the Bids for the Project. The Applicants are therefore advised to visit the site and familiarize themselves with the Project by the time of submission of the Application. No extension of time is likely to be considered for submission of Bids pursuant to invitation that may be issued by the Authority.
2.22 Proprietary data
All documents and other information supplied by the Authority or submitted by an Applicant to the Authority shall remain or become the property of the Authority. Applicants are to treat all information as strictly confidential. The Authority will not return any Application or any information provided along therewith.
SECTION IV
CRITERIA FOR EVALUATION
CRITERIA FOR EVALUATION
3.1 Evaluation parameters
3.1.1 Only those Applicants who meet the eligibility criteria specified in Clause 2.2.2 above shall qualify for evaluation under this Section 4. Applications of firms/ consortia who do not meet these criteria shall be rejected.
3.1.2 The Applicant’s competence and capability is proposed to be established by the following parameters:
(a) Technical Capacity; and
(b) Financial Capacity
3.2 Technical Capacity for purposes of evaluation
3.2.1 Subject to the provisions of Clause 2.2, the following categories of experience would qualify as Technical Capacity and eligible experience in relation to the project as stipulated in Clauses 3.2.3 and 3.2.4 (the "Eligible Projects"):
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(A) |
Technical Capacity: The Applicant must have developed and must be operating similar facility in other ports in India or in any other country having capacity to handle traffic of more than 1 Million tonne per annum.. |
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The applicant shall have audited turnover of more than Rs. 500 crore in BOT (Build-Operate-Transfer), BOLT( Build –Own-Operate- Transfer), BOO (Build-Own-Operate), BOOT (Build-Own-Operate-Transfer) or other similar Projects that qualify as eligible projects. |
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(B) |
Financial Capacity: The Applicant shall have a minimum Net Worth at the end of the most recent financial year. (the "Financial Capacity") of Rs.70 (seventy) crore. In case of a Consortium, the condition shall be satisfied jointly by the constituents of the consortium.The aggregate Net cash accruals of the Applicant for the last three financial year shall be at least equal to 25% of the estimated cost of the project. i.e., Rs.125 (one hundred twenty-five) crore. In case of a Consortium, the condition shall be satisfied jointly by the constituents of the consortium. |
3.2.2 Eligible Experience in respect of each category shall be measured only for Eligible Projects.
The applicant shall furnish the details of eligible experience as measured by facilities wise rated capacity for the last three completed financial years. Financial year for this purpose shall be the same as the one normally used by the applicant for its Annual Report. In case of consortium the details of eligible experience shall be provided for each member of the consortium.
3.2.3 For a project to qualify as an Eligible Project.
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(a) |
It should have been implemented on BOT, BOLT, BOO, BOOT or other similar basis; |
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(b) |
the entity claiming experience should have held, in the company owing the Eligible Project, a minimum of 26% equity during the period for which Eligible Experience is being claimed; |
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(c) |
the capital cost of the project should be more than Rs. 50 (fifty) crore ; and |
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(d) |
the entity claiming experience shall, during the past 5 (five) financial years preceding the Application Due Date, have (i) commissioned the construction work of the project and paid for it, and/ or (ii) collected and appropriated the revenues of such project after commencement of commercial operation. |
3.2.4 For a project to qualify as an Eligible Project, the Applicant should have received payments from its client(s) during the 5 (five) financial years immediately preceding the Application Due Date for works executed, fully or partially, and only the payments (gross) actually received during such 5 (five) financial years shall qualify for purposes of computing the Experience Score. However, payments received in respect of projects having a capital cost of less than Rs. 50 (fifty) crore shall not be reckoned as payments for Eligible Projects.
3.2.5 The Applicant shall quote experience in respect of a particular Eligible Project under any one category only, even though the Applicant (either individually or along with a member of the Consortium) may have played multiple roles in the cited project. Double counting for a particular Eligible Project shall not be permitted in any form.
3.2.6 Experience for any activity relating to an Eligible Project shall not be claimed by two or more members of the Consortium. In other words, no double counting by a Consortium in respect of the same experience shall be permitted in any manner whatsoever.
3.3 Details of Experience
3.3.1 The Applicant should furnish the details of Eligible Experience for the past 5 (five) years preceding the Application Due date.
3.3.2 The Applicants must provide the necessary information relating to Technical Capacity as per format at Annex-II of Appendix-1.
3.3.3 The Applicant should furnish the required information and evidence in support its claim of Technical Capacity, as per format at Annex-IV of Appendix-1.
3.4 Financial information for purposes of evaluation
3.4.1 The Application must be accompanied by the Audited Annual Reports of the Applicant (of each member in case of a Consortium) for the last 5 (five) financial years, preceding the year in which the Application is made.
3.4.2 In case the annual accounts for the latest financial year are not audited and therefore the Applicant could not make it available, the Applicant shall give an undertaking to the same effect and the statutory auditor shall certify the same. In such a case, the Applicant shall provide the Audited Annual Reports for four years preceding the year for which the Audited Annual Report is not being provided.
3.4.3 The Applicant must establish a minimum Net Worth of [Rs. 70 (seventy) crore, as specified in Clause 2.2.2 (B).
3.5 Short-listing of Applicants
3.5.1 The credentials of eligible Applicants shall be measured in terms of their Experience Score. The sum total of the Experience Scores for all Eligible Projects shall be the ‘Aggregate Experience Score’ of a particular Applicant. In case of a Consortium, the Aggregate Experience Score of each of its members, shall be summed up for arriving at the combined Aggregate Experience Score of the Consortium.
3.5.2 The Applicants shall then be ranked on the basis of their respective Aggregate Experience Scores and short-listed for submission of Bids. The Authority expects to short-list upto 5 (five) pre-qualified Applicants for participation in the Bid Stage. The Authority, however, reserves the right to extend the number of short-listed prequalified Applicants ("Bidders") upto 6 (six).
4. FRAUD AND CORRUPT PRACTICES
4.1 The Applicants and their respective officers, employees, agents and advisers shall observe the highest standard of ethics during the Bidding Process. The Authority shall reject an Application if it determines that the Applicant has, directly or indirectly or through an agent, engaged in corrupt, fraudulent, coercive, undesirable or restrictive practices in the Bidding Process.
4.2 For the purposes of this provision, the terms set forth are defined as follows:
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(a) |
"corrupt practice" means the offering, giving, receiving, or soliciting, directly or indirectly, of anything of value to influence the action of a public official in the Bidding Process; |
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(b) |
"fraudulent practice" means a misrepresentation or omission of facts in order to influence the Bidding Process ; |
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(c) |
"coercive practice" means harming or threatening to harm, directly or indirectly, persons or their property to influence their participation in the Bidding Process; |
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(d) |
"undesirable practice" means establishing contact with any person connected with or employed by the Authority with the objective of canvassing, lobbying or in any manner influencing or attempting to influence the Bidding Process; and |
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(e) |
"restrictive practice" means forming a cartel or arriving at any understanding or arrangement among Applicants with the objective of restricting or manipulating a full and fair competition in the Bidding Process. |
5. PRE-APPLICATION CONFERENCE
5.1 A pre-Application conference of the interested parties shall be convened at DIRECTORATE OF PORTS & INLAND WATER TRANSPORT, KARWAR-581302, UTTARA KANNDA DISTRICT, KARNATAKA STATE – INDIA on 18.10.2007 at 1100 hrs. IST. Only those persons who have purchased the RFQ document shall be allowed to participate in the Bidding Process. Applicants who have downloaded the RFQ document from the Authority’s website should submit a Demand Draft of Rs. 25,000 (Rs. twenty-five thousand only), which is non-refundable, towards the cost of document, through their representative attending the conference. A maximum of two representatives of each Applicant shall be allowed to participate on production of authority letter from the Applicant.
6. MISCELLANEOUS
6.1 The Bidding Process shall be governed by, and construed in accordance with, the laws of India and the High Courts at Bangalore shall have jurisdiction over all disputes arising under, pursuant to and/ or in connection with the Bidding Process.
6.2 The Authority, in its sole discretion and without incurring any obligation or liability, reserves the right to:
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(a) |
suspend and/or cancel the Bidding Process and/or amend and/or supplement the Bidding Process or modify the dates or other terms and conditions relating thereto; |
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(b) |
pre-qualify or not to pre-qualify any Applicant and/or to consult with any Applicant in order to receive clarification or further information; |
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(c) |
retain any information and/or evidence submitted to the Authority by, on behalf of, and/ or in relation to any Applicant; and/or |
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(d) |
independently verify, disqualify, reject and/ or accept any and all submissions or other information and/or evidence submitted by or on behalf of any Applicant. |
6.3 It shall be deemed that by submitting the Application, the Applicant agrees and releases the Authority, its employees, agents and advisers, irrevocably, unconditionally, fully and finally from any and all liability for claims, losses, damages, costs, expenses or liabilities in any way related to or arising from the exercise of any rights and / or performance of any obligations hereunder, pursuant hereto and/or in connection herewith and waives any and all rights and/or claims it may have in this respect, whether actual or contingent, whether present or future.
6.4 Any change in ownership of the Bidder/Concessionaire, including any material change in the equity holding thereof, shall be subject to the provisions of Bid Documents.
7.
Disclaimer
7.1 The information contained in this Request for Qualification document ("RFQ") or subsequently provided to Applicant(s), whether verbally or in documentary form or otherwise, by or on behalf of Director of Ports & Inland Water Transport, Karwar, Government of Karnataka or any of its employees or advisors, is provided to Applicant(s) on the terms and conditions set out in this RFQ and such other terms and conditions subject to which such information is provided.
7.2 This RFQ is not an agreement and is neither an offer nor invitation by the Authority to the prospective Applicants or any other person. The purpose of this RFQ is to provide interested parties with information to assist in the formulation of their application for qualification pursuant to this RFQ (the "Application"). This RFQ includes statements, which reflect various assumptions and assessments arrived at by the Authority in relation to the Project. Such assumptions and statements do not purport to contain all the information that each Applicant may require. This RFQ may not be appropriate for all persons, and it is not possible for the Authority, their employees or advisors to consider the investment objectives, financial situation and particular needs of each party who reads or uses this RFQ. The assumptions, assessments, statements and information contained in this RFQ may not be complete, accurate, adequate or correct and each Applicant should conduct its own investigations and analysis and should check the accuracy, adequacy, correctness, reliability and completeness of the assumptions, assessments and information contained in this RFQ and obtain independent advice from appropriate sources.
7.3 The Authority, its employees and advisors make no representation or warranty and shall have no liability to any person, including any Applicant or Bidder, under any law, statute, rules or regulations or tort, principles of restitution or unjust enrichment or otherwise for any loss, damages, cost or expense which may arise from or be incurred or suffered on account of anything contained in this RFQ or otherwise, including the accuracy, adequacy, correctness, reliability or completeness of the RFQ and any assessment, assumption or information contained therein or deemed to form part of this RFQ or arising in any way with prequalification of Applicants for participation in the Bidding Process.
7.4 The Authority may in its absolute discretion, but without being under any obligation to do so, update, amend or supplement the information, assessment or assumptions contained in this RFQ.
7.5 The issue of this RFQ does not imply that the Authority is bound to select and shortlist pre-qualified Applications for Bid Stage or to appoint preferred bidder/sponsor or concessionaire, as the case may be, for the Project and reserves the right to reject all or any of the Applications or Bids without assigning any reasons whatsoever.
APPENDICES
APPENDIX - 1
APPLICATION
Dated:
To,
DIRECTOR OF PORTS & INLAND WATER TRANSPORT,
KARWAR-581 302,
UTTARA KANNADA DISTRICT,
KARNATAKA STATE - INDIA.
Dear Sir,
I/ We, _____________________________________________ (Name of Applicant/ Consortium) having examined the RFQ document and understood its contents, hereby submit our Application for Qualification in respect of
1. All information provided in the Application and in the Appendices and Annexures I to V attached hereto is true and correct and all documents accompanying such Application are true copies of their respective originals.
2. This statement is made for the express purpose of qualifying as a Bidder for the development, construction, operation and maintenance of the aforesaid BOOT Project.
3. I/ We shall make available to the Authority any additional information it may find necessary or require to supplement or authenticate the Qualification statement.
4. I/ We acknowledge the right of the Authority to reject our Application without assigning any reason or otherwise and hereby waive our right to challenge the same on any account whatsoever.
5. We certify that in the last three years, we/any of the consortium members have neither failed to perform on any contract, as evidenced by imposition of a penalty or a judicial pronouncement or arbitration award, nor been expelled from any project or contract nor have had any contract terminated for breach on our part.
6. I/We declare that:
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(a) |
I/we have examined and have no reservations to the RFQ Documents, including the Addendum(s) issued by the Authority. |
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(b) |
I/ we do not have any conflict of interest in accordance with Clauses 2.2.1(c) and 2.2.1(d) of the RFQ document; and |
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(c) |
I/ we hereby certify that we have taken steps to ensure that no person acting for us or on our behalf will engage in any corrupt, fraudulent, coercive, undesirable or restrictive practices to influence the Bidding process. |
7. I/We understand that you may cancel the Bidding Process at any time and that you are neither bound to accept any Application that you may receive nor to invite the Applicants to Bid for the Project[s], without incurring any liability to the Applicants, in accordance with Clause 2.17.6 of the RFQ document.
8. I/We believe that we/ our consortium/ proposed consortium satisfy(ies) the Net Worth criteria and meet(s) the requirements as specified in the RFQ document and are/ is qualified to submit a Bid in accordance with the guidelines for qualification of bidders seeking to acquire stakes in Public Sector Enterprises through the process of disinvestment issued by the GOI vide Department of Disinvestment OM No. 6/4/2001- DD-II dated 13th July, 2001 which guidelines apply mutatis mutandis to the Bidding Process.
9. I/We declare that we/ any member of the Consortium, are/ is not a member of a/ any other Consortium applying for pre-qualification.
10. I/We certify that in regard to matters other than security and integrity of the country, we have not been convicted by a Court of law or indicted or adverse orders passed by a regulatory authority which would cast a doubt on our ability to undertake the Project or which relates to a grave offence that outrages the moral sense of the community.
11. I/We further certify that in regard to matters relating to security and integrity of the country, we have not been charge-sheeted by any agency of the Government or convicted by a Court of Law for any offence committed by us or by any of our sister concerns.
12. I/We further certify that no investigation by a regulatory authority is pending either against us or against our sister concerns or against our CEO or any of our Directors/ Managers/employees.
13. I/We undertake that in case due to any change in facts or circumstances during the Bidding Process, we are attracted by the provisions of disqualification in terms of the guidelines referred to above, we would intimate the Authority of the same
immediately.
14. The Statement of Legal Capacity as per format provided at Annex-V in Appendix- 1 of the RFQ document, and duly signed, is enclosed.
15. I/ We understand that the successful Bidder shall either be an existing Company incorporated under the Indian Companies Act, 1956, or shall incorporate itself as such prior to execution of the concession agreement.
16. ______________________________ (Name of Applicant) hereby irrevocably waives any right it has at any stage at law or howsoever otherwise arising to challenge or question any decision taken by the Authority in connection with the selection of Applicants, selection of the Bidder, or in connection with the selection/ bidding process itself in respect of the above mentioned DEVELOPMENT OF MODERN DEEP SEA PORT AT KARWAR ON THE COASTLINE OF KARNATAKA MARITIME STATE on Build Own Operate and Transfer (BOOT) basis Project and the terms and implementation thereof.
Thanking you,
Yours faithfully,
(Signature of the Authorised Signatory)
(Name and designation of the Authorised Signatory)
(Name of the Applicant/ Lead Firm)
ANNEX-I
DETAILS OF APPLICANT
1. (a) Name:
(b) Country of incorporation:
(c) Address of the corporate headquarters and its branch office(s), if any, in India:
(d) Date of incorporation and/ or commencement of business:
2. Brief description of the Company including details of its main lines of business and proposed role and responsibilities in this Project:
3. Details of individual(s) who will serve as the point of contact/ communication for the Authority:
(a) Name:
(b) Designation:
(c) Company:
(d) Address:
(e) Telephone Number:
(f) E-Mail Address:
(g) Fax Number:
4. Particulars of the Authorised Signatory of the Applicant:
(a) Name:
(b) Designation:
(c) Address:
(d) Phone Number:
(e) Fax Number:
5. In case of a Consortium:
|
(a) |
The information above (1-4) should be provided for all the members of the Consortium. |
|
|
(b) |
A copy of the Joint Bidding Agreement, as envisaged in Clause 2.2.6(g) should be attached to the Application. |
(c) Information regarding role of each member should be provided as per table below:
|
Sl. No. |
Name of Member |
Role* {Refer Clause 2.2.6(d)} |
Percentage of equity to be held in the Consortium {Refer Clauses 2.2.6 (a) & (c)} |
|
1. |
|||
|
2. |
|||
|
3. |
|||
|
4. |
* The role of each member, as may be determined by the Applicant, should be indicated in accordance with instruction 4 at Annex-IV.
(d) The following information shall also be provided for each member of the Consortium:
Name of Applicant/ member of Consortium
|
No. |
Criteria |
Yes |
No |
|
1. |
Has the Applicant/ constituent of the Consortium been barred by the [Central/ State Government, or any entity controlled by them], from participating in any project[s] (BOT or otherwise). |
||
|
2. |
If the answer to 1 is yes, does the bar subsist as on the date of Application. |
||
|
3. |
Has the Applicant/ constituent of the Consortium paid liquidated damages of more than 5% of the contract value in a contract due to delay or has been penalized due to any other reason in relation to execution of a contract, in the last three years? |
6. A statement by the Applicant and each of the members of its consortium (where
applicable) disclosing material non-performance or contractual non-compliance in past projects, contractual disputes and litigation / arbitration in the recent past is given below (Attach extra sheets, if necessary):
ANNEX-II
TECHNICAL CAPACITY OF THE APPLICANT
@(Refer to Clauses 2.2.2(A), 3.2 and 3.3 of the RFQ)
|
Experience (Equivalent Rs. crore) |
||||||
|
Payment received for construction of Eligible Projects |
Payment made for construction of BOT / BOLT / BOO / BOOT Projects |
Revenues appropriated from BOT / BOLT / BOO / BOOT Projects |
||||
|
a |
||||||
|
b |
||||||
|
c |
||||||
|
d |
||||||
|
1a |
||||||
|
1b |
||||||
|
1c |
||||||
|
1d |
||||||
|
2a |
||||||
|
2b |
||||||
|
2c |
||||||
|
2d |
||||||
|
3a |
||||||
|
3b |
||||||
|
3c |
||||||
|
3d |
||||||
|
4a |
||||||
|
4b |
||||||
|
4c |
||||||
|
4d |
||||||
|
Aggregate Experience Score = |
||||||
@
Provide details of only those projects that have been undertaken by the Applicant under its own name and/ or by an Associate specified in Clause 2.2.9 and/ or by a project company eligible under Clause 3.2.3(b).#
An Applicant consisting of a single entity should fill in details as per the row titled Single entity Applicant and ignore the rows titled Consortium Member. In case of a Consortium, the row titled Single entity Applicant may be ignored.* Member Code shall indicate NA for Not Applicable in case of a single entity Applicant. For other Members, the following abbreviations are suggested viz. LM means Lead member, TM means Technical Member, FM means Financial Member, OMM means Operation & Maintenance Member; and OM means Other Member.
**Refer Annex-IV of this Appendix-I.
$
Refer Clause 3.2.1.
ANNEX-III
FINANCIAL CAPACITY OF THE APPLICANT
(Refer to Clauses 2.2.2(B), 2.2.4 (ii) and 3.4 of the RFQ)
|
Net Cash Accuals |
Net Worth*** |
||||||
|
Year 1 |
Year 2 |
Year 3 |
Year 4 |
Year 5 |
Year 1 |
||
|
Single entity Applicant |
|||||||
|
Consortium Member 1 |
|||||||
|
Consortium Member 2 |
|||||||
|
Consortium Member 3 |
|||||||
|
Consortium Member 4 |
|||||||
|
TOTAL |
|||||||
Name & address of Applicant’s Bankers:
*
An Applicant consisting of a single entity should fill in details as per the row titled Single entity Applicant and ignore the rows titled Consortium Members. In case of a Consortium, row titled Single entity Applicant may be ignored.**
For Member Code, see instruction 4 at Annex-IV of this Appendix-I.***
The Applicant should provide details of its own Financial Capability or of an Associate specified in Clause 2.2.9.
Instructions:
1.
The Applicant/ its constituent consortium members shall attach copies of the balance sheets, financial statements and Annual Reports for 5 (five) years preceding the Application Due Date. The financial statements shall:
|
(a) |
reflect the financial situation of the Applicant and its Associates where the Applicant is relying on its Associate’s financials; |
|
|
(b) |
be audited by a statutory auditor; |
|
|
(c) |
be complete, including all notes to the financial statements; and |
|
|
(d) |
correspond to accounting periods already completed and audited (no statements for partial periods shall be requested or accepted). |
2. Net Cash Accruals shall mean Profit After Tax + Depreciation.
3. Net Worth shall mean (Subscribed and Paid-up Equity + Reserves) less (Revaluation reserves + miscellaneous expenditure not written off + accrued liabilities).
4. Year 1 will be the latest completed financial year, preceding the bidding. Year 2 shall be the year immediately preceding Year 1 and so on.
5. In the case of a Consortium, a copy of the Joint Bidding Agreement shall be submitted in accordance with Clause 2.2.6 (g) of the RFQ document.
6. The applicant shall also provide the name and address of the Bankers to the Applicant.
7. The Applicant shall provide an Auditor’s Certificate specifying the net worth of the Applicant and also specifying the methodology adopted for calculating such net worth in accordance with Clause 2.2.4 (ii) of the RFQ document.
ANNEX-IV
DETAILS OF ELIGIBLE PROJECTS
(Refer to Clauses 2.2.2(A), 3.2 and 3.3 of the RFQ)
Project Code: Member Code:
|
Item |
Refer Instruction |
Particulars of the Project |
|
Title & nature of the project |
||
|
Category |
5 |
|
|
Year-wise payments Received / made or revenues appropriated |
6 |
|
|
Entity for which the project was constructed/ developed |
7 |
|
|
Location |
||
|
Project cost / revenues / payments |
8 |
|
|
Date of commencement of project/ contract |
||
|
Date of completion/ commissioning |
9 |
|
|
Equity shareholding (with period during which equity was held) |
10 |
Instructions:
1. Applicants are expected to provide information in respect of Eligible Projects in this Annexure. The projects cited must comply with the eligibility criteria specified in Clause 3.2.3 and 3.2.4 of the RFQ, as the case may be. Information provided in this section is intended to serve as a back up for information provided in the Application. Applicants should also refer to the Instructions below.
2. For a single entity Applicant, the Project Codes would be a, b, c, d etc. In case the Applicant is a Consortium then for Member 1, the Project Codes would be 1a, 1b, c, 1d etc., for Member 2 the Project Codes shall be 2a, 2b, 2c, 2d etc., and so on.
3. A separate sheet should be filled for each of the Eligible Project.
4. Member Code shall indicate NA for Not Applicable in case of a single entity Applicant. For other Members, the following abbreviations are suggested viz. LM means Lead member, TM means Technical Member, FM means Financial Member, OMM means Operation & Maintenance Member; and OM means Other Member.
5. Refer Clause 3.2.1 of the RFQ for category number.
6. The total payments received/ made or revenues appropriated for each Eligible Project are stated in Annex-II of this Appendix-I. The figures to be provided here should indicate the break-up for the past 5 (five) financial years. Year 1 refers to the financial year immediately preceding the Application Due Date; Year 2 refers to the year before Year 1, Year 3 refers to the year before Year 2, and so on.
7. Particulars such as name, address and contact details of owner/ Authority/ Agency (i.e. concession grantor, counter party to PPA, etc.) may be provided.
8. Project costs incurred or revenues appropriated, as the case may be, should be provided.
9. The date of commissioning of the project, upon completion, should be indicated/ date of completion of construction should be indicated.
10. The equity shareholding of the Applicant, in the company owning the Eligible Project, held continuously during the period for which Eligible Experience is claimed, needs to be given (Refer Clause 3.2.3).
11. Experience for any activity relating to an Eligible Project shall not be claimed by two or more members of the Consortium. In other words, no double counting by consortium in respect of the same experience shall be permitted in any manner whatsoever.
12. Certificate from the client or the Applicant’s statutory auditor
20 must be furnished as per format below.
13. If the Applicant is claiming experience, it should provide a certificate from its statutory auditor in the format below:
|
Certificate from the Statutory Auditor regarding BOT projects
This is to certify that ___________ (name of the Applicant) is/ was an equity shareholder in _____________ (title of the project company) and holds/ held Rs. *** cr. of equity (which constitutes ____% of the total paid up and subscribed equity capital) of the project company from _________ (date) to _________ (date)£. The project was completed and commissioned on _______ (date of commissioning of the project).We further certify that the total estimated cost of the project as on the date of commissioning was Rs. **** cr., of which Rs. **** cr. of capital expenditure was incurred during the past five financial years as per year-wise details noted below: * * * We also certify that the annual revenues collected and appropriated by the Applicant during the past five financial years were Rs. **** cr. as per year-wise details noted below: * * * Authorised Signatory Name: Designation: Signature of the Authorised Signatory and date |
In case the project is owned by the Applicant company, this language may be suitably modified to read: "It is certified that __________ (name of Applicant) constructed and/ or owned the __________ (name of project) from __________ (date) to _________ (date)."
ANNEX-V
STATEMENT OF LEGAL CAPACITY
(To be forwarded on the letterhead of the Applicant/ Lead Member of Consortium)
Ref. Date:
To,
DIRECTOR OF PORTS & INLAND WATER TRANSPORT,
KARWAR-581 302,
UTTARA KANNADA DISTRICT,
KARNATAKA STATE - INDIA.
Dear Sir,
We hereby confirm that we/ our members in the Consortium (constitution of which has been described in the application) satisfy the terms and conditions laid out in the RFQ document.
We have agreed that ***** (insert member’s name) will act as the Lead Member of our consortium.*
We have agreed that ***** (insert individual’s name) will act as our representative/ will act as the representative of the consortium on its behalf* and has been duly authorized to submit the RFQ. Further, the authorised signatory is vested with requisite powers to furnish such letter and authenticate the same.
Thanking you,
Yours faithfully,
Authorised Signatory
For and on behalf of
*Please strike out whichever is not applicable.
APPENDIX - 2
POWER OF ATTORNEY FOR SIGNING OF APPLICATION
Know all men by these presents, We…………………………………………………. (name and address of the registered office) do hereby constitute, nominate, appoint and authorize Mr/ Ms……………………………… (name and residential address), who is presently employed with us/ the Lead Member of our Consortium and holding the position of ……………………………………………., as our true and lawful attorney (hereinafter referred to as the "Attorney") to do in our name and on our behalf, all such acts, deeds and things as are necessary or required in connection with or incidental to our pre-qualification and submission of our bid(s) for the DEVELOPMENT OF MODERN DEEP SEA PORT AT KARWAR ON THE COASTLINE OF KARNATAKA MARITIME STATE on Build Own Operate and Transfer (BOOT) basis proposed or being developed by the DIRECTOR OF PORTS & INLAND WATER TRANSPORT, KARWAR-581302, GOVERNMENT OF KARNATAKA including but not limited to signing and submission of all applications, bids and other documents and writings, participate in bidders and other conferences and providing information/ responses to the Authority, representing us in all matters before the Authority, signing and execution of all contracts and undertakings consequent to acceptance of our bid(s), and generally dealing with the Authority in all matters in connection with or relating to or arising out of our bid for the said DEVELOPMENT OF MODERN DEEP SEA PORT AT KARWAR ON THE COASTLINE OF KARNATAKA MARITIME STATE on Build Own Operate and Transfer (BOOT) basis and/ or upon award thereof to us till the entering into of the Concession Agreement with the Authority.
AND we hereby agree to ratify and confirm and do hereby ratify and confirm all acts, deeds and things lawfully done or caused to be done by our said Attorney pursuant to and in exercise of the powers conferred by this Power of Attorney and that all acts, deeds and things done by our said Attorney in exercise of the powers hereby conferred shall and shall always be deemed to have been done by us.
IN WITNESS WHEREOF WE, ………….........………. THE ABOVE NAMED PRINCIPAL HAVE EXECUTED THIS POWER OF ATTORNEY ON THIS …… DAY OF ……., 2007.
For
_____________________
(Signature)
(Name, Title and
Address)
Witnesses:
1.
[Notarised]
2.
Accepted
...............................................
(Signature)
(Name, Title and Address
of the Attorney)
Notes:
The mode of execution of the Power of Attorney should be in accordance with the procedure, if any, laid down by the applicable law and the charter documents of the executant(s) and when it is so required, the same should be under common seal affixed in accordance with the required procedure
.Also, wherever required, the Applicant should submit for verification the extract of the charter documents and documents such as a resolution/ power of attorney in favour of the person executing this Power of Attorney for the delegation of power hereunder on behalf of the Applicant.
For a Power of Attorney executed and issued overseas, the document will also have to be legalised by the Indian Embassy and notarised in the jurisdiction where the Power of Attorney is being issued.
APPENDIX 3
POWER OF ATTORNEY FOR LEAD MEMBER OF CONSORTIUM
Whereas the
DIRECTOR OF PORTS & INLAND WATER TRANSPORT, KARWAR-581302, GOVERNMENT OF KARNATAKA has invited applications from interested parties for DEVELOPMENT OF MODERN DEEP SEA PORT AT KARWAR ON THE COASTLINE OF KARNATAKA MARITIME STATE on Build Own Operate and Transfer (BOOT) basis .Whereas, .................................., ................................., ................................. and ……………………. (collectively the "Consortium") being members of the Consortium are interested in bidding for the Project in accordance with the terms and conditions of the
Request for Qualification document (RFQ), Request for Bid/ Proposal (Bid Documents) and other connected documents in respect of the Project, and
Whereas, it is necessary under the RFQ document for the members of the Consortium to designate one of them as the Lead Member with all necessary power and authority to do for and on behalf of the Consortium, all acts, deeds and things as may be necessary in connection with the Consortium’s bid for the Project and its execution.
NOW THEREFORE KNOW ALL MEN BY THESE PRESENTS
We, ....................................... having our registered office at…….…………., M/s. .................. ........................................ having our registered office at…………....……….., M/s. ............... ................... having our registered office at …………………, and ..................................... ............... having our registered office at………............…………, [the respective names and addresses of the registered office] (hereinafter collectively referred to as the "Principals") do hereby designate, nominate, constitute, appoint and authorise .................................................. ............................................ having its registered office at ……………..........……, being one of the members of the Consortium, as the Lead Member and true and lawful attorney of the Consortium (hereinafter referred to as the "Attorney"). We hereby irrevocably authorise the Attorney (with power to sub-delegate) to conduct all business for and on behalf the Consortium and any one of us during the bidding process and, in the event the Consortium is awarded the Contract, during the execution of the Projects, and in this regard, to do on our behalf and on behalf of the Consortium, all or any of such acts, deeds or things as are necessary or required or incidental to the pre-qualification of the Consortium and submission of its bid(s) for the Project, including but not limited to signing and submission of all applications, bids and other documents and writings, participate in bidders and other conferences, respond to queries, submit information/ documents, sign and execute contracts and undertakings consequent to acceptance of bid[s] of the Consortium and generally to represent the Consortium in all its dealings with the Authority, and/ or any other Government Agency or any person, in all matters in connection with or relating to or arising out of the Consortium’s bid[s] for the Project and/ or upon award thereof till the Concession Agreement is entered into with the Authority.
AND hereby agree to ratify and confirm and do hereby ratify and confirm all acts, deeds and things lawfully done or caused to be done by our said Attorney pursuant to and in exercise of the powers conferred by this Power of Attorney and that all acts, deeds and things done by our said Attorney in exercise of the powers hereby conferred shall and shall always be deemed to have been done by us/ Consortium.
IN WITNESS WHEREOF WE THE PRINCIPALS ABOVE NAMED HAVE EXECUTED THIS POWER OF ATTORNEY ON THIS …… DAY OF …….2007
For ……………………
(Signature)
…………………………
(Name & Title)
For ……………………
(Signature)
…………………………
(Name & Title)
For ……………………
(Signature)
…………………………
(Name & Title)
Witnesses:
1.
2.
……………………........……………
(Executants)
(To be executed by all the members of the Consortium)
Notes:
The mode of execution of the Power of Attorney should be in accordance with the procedure, if any, laid down by the applicable law and the charter documents of the executant(s) and when it is so required, the same should be under common seal affixed in accordance with the required procedure.
Also, wherever required, the Applicant should submit for verification the extract of
the charter documents and documents such as a resolution/ power of attorney in favour of the person executing this Power of Attorney for the delegation of power hereunder on behalf of the Applicant.For a Power of Attorney executed and issued overseas, the document will also have
to be legalised by the Indian Embassy and notarised in the jurisdiction where the Power of Attorney is being issued.
APPENDIX 4
GUIDELINES OF THE DEPARTMENT OF DISINVESTMENT
26No. 6/4/2001-DD-II
Government of India
Department of Disinvestment
Block 14, CGO Complex
New Delhi.
Dated 13
th July, 2001.OFFICE MEMORANDUM
Sub: Guidelines for qualification of Bidders seeking to acquire stakes in Public Sector
Enterprises through the process of disinvestment
Government has examined the issue of framing comprehensive and transparent guidelines defining the criteria for bidders interested in PSE-disinvestment so that the parties selected through competitive bidding could inspire public confidence. Earlier, criteria like net worth, experience etc. used to be prescribed. Based on experience and in consultation with concerned departments, Government has decided to prescribe the following additional criteria for the qualification/ disqualification of the parties seeking to acquire stakes in public sector enterprises through disinvestment:
|
(a) |
In regard to matters other than the security and integrity of the country, any conviction by a Court of Law or indictment/adverse order by a regulatory authority that casts a doubt on the ability of the bidder to manage the public sector unit when it is disinvested, or which relates to a grave offence would constitute disqualification. Grave offence is defined to be of such a nature that it outrages the moral sense of the community. The decision in regard to the nature of the offence would be taken on case to case basis after considering the facts of the case and relevant legal principles, by the Government of India. |
|
|
(b) |
In regard to matters relating to the security and integrity of the country, any charge-sheet by an agency of the Government/conviction by a Court of Law for an offence committed by the bidding party or by any sister concern of the bidding party would result in disqualification. The decision in regard to the relationship between the sister concerns would be taken, based on the relevant facts and after examining whether the two concerns are substantially controlled by the same person/persons. |
|
|
(c) |
In both (a) and (b), disqualification shall continue for a period that Government deems appropriate. |
|
|
(d) |
Any entity, which is disqualified from participating in the disinvestment process, would not be allowed to remain associated with it or get associated merely because it has preferred an appeal against the order based on which it has been disqualified. The mere pendency of appeal will have no effect on the disqualification. |
|
|
(e) |
The disqualification criteria would come into effect immediately and would apply to all bidders for various disinvestment transactions, which have not been completed as yet. |
|
|
(f) |
Before disqualifying a concern, a Show Cause Notice why it should not be disqualified would be issued to it and it would be given an opportunity to explain its position. |
|
|
(g) |
Henceforth, these criteria will be prescribed in the advertisements seeking Expression of Interest (EOI) from the interested parties. The interested parties would be required to provide the information on the above criteria, along with their Expressions of Interest (EOI). The bidders shall be required to provide with their EOI an undertaking to the effect that no investigation by a regulatory authority is pending against them. In case any investigation is pending against the concern or its sister concern or against its CEO or any of its Directors/ Managers/ employees, full details of such investigation including the name of the investigating agency, the charge/ offence for which the investigation has been launched, name and designation of persons against whom the investigation has been launched and other relevant information should be disclosed, to the satisfaction of the Government. For other criteria also, a similar undertaking shall be obtained along with EOI. |
sd/-
(A.K. Tewari)
Under Secretary to the Government of India
APPENDIX-5
BACKGROUND NOTE
1. Introduction
The Karnataka State has a maritime coastline of 155 nautical miles (300 Kilometers) and has only one Major port at Mangalore ie., New Mangalore Port Trust and studded with ten minor ports between Karwar in the North and Mangalore in the south. The ten minor ports of the State are Karwar, Belekeri, Tadri, Honnavar, Bhatkal, Kundapur, Hangarkatta, Malpe, Padubidri and Old Mangalore. Out of these ten ports, Karwar is the only all weather port while the other nine are the reverine anchorage lighterage ports.
I KARWAR PORT:
The Karwar port is one of the best natural all weather port, situated at the Northern extremity of sea coast of Karnataka in latitude 140 48’ N and longitude 740 7’ E in Uttar Kannada District. The port is located between the two major ports i.e., 70 Km’s South of Marmugao and 276 Km North of New Mangalore Port. The port is located in the shelter of Karwar Head, which gives a great measure of protection to the Karwar Bay from South West Monsoon waves to form an excellent Natural Harbour. The Rocks and Islands namely Devagad, Kurumgad, Madiligad Oyster Rock in the approaches to the Port also provides further protection to vessels against North West Winds and Swells from sea, so the Karwar port is acclaimed as one of the best natural all weather port in the country.
The Karwar port caters to the requirements of 2 lakh sq. km of Hinterland of Northern / Central Karnataka, comprising the Districts of Belagum, Dharwad, Gadag, Bijpur, Bagalkot, Raichur, Bellary, Hospet, Chitradurga, Shimoga etc., and few districts of South Maharashtra, West of Andra Pradesh and Southern Goa. The principal commodities handled through Karwar Port, are exports of Iron Ores, Manganese Ore / Bauxite and other Minerals, Sugar, Alumina, Food grains, Granite, Horticulture and Agriculture products, liquid cargoes like Molasses, phosphoric acid marine products etc., and Imports of the Coal, Cement, Sugar, Food Grains, Fertilizers, Industrial salt, Rock Phosphate, Raw Sugar etc., and liquid cargoes like H.S.D, Furnace Oil, Kerosene, Palm Oil, Molases and other Chemicals.
The port has been declared for loading / unloading of all types of commodities by the Government of India. The Karwar Port has been permitted to handle "Class C and B" Petroleum products from Chief Control of Explosives Nagapur Government of India. This port has been declared as container freight station by the Customs Department Government of India.
The Karnataka State Government has developed Karwar Port under State Sector and created infrastructural assets approximately worth of Rs.150 crores.
Existing facilities at Karwar port
355 Mts. Wharf accommodating two ships with other matching facilities.
205 Mts lighterage wharf of 3.5 Mts draft.
250 Mts. long break-water.
Departmental transit sheds – 4 Nos.
60 Tonnes capacity Computerized weigh bridge.
30 Tonnes capacity Mechanical weigh bridge.
Bunkering facilities by IOC.
Diesel Generator 63 KVA.
Land Area available approximately 200 acres.
Sufficient cargo handling equipments like Gantry crane, escort crane, pay loader, shovels, JCB, forklifts etc., are available with private entrepreneurs.
30 Nos. liquid cargo storage Tank Terminals of 1.5 lakhs cubic meter installed storing capacity were constructed by private entrepreneurs.
Signal Station, Flag – mast and transit marks.
Tidal observatory, watch tower as per ISPS requirement.
Traffic control Tower and communication tower with Automatic identification of Ship (AIS) with Rader and digital – VHF.
Water barge of 140 Tonnes capacity.
Fire fighting installation and equipments.
Tugs for berthing and unberthing operations charted by private parties.
|
Statement showing the traffic handled and revenue earned during last six years Karwar Port |
||||||
|
Cargo handled (In M.T) |
||||||
|
Import |
Export |
Total |
||||
|
1 |
2001 - 02 |
160 |
2,50,039 |
3,05,611 |
5,55,650 |
3,61,35,058 |
|
2 |
2002 - 03 |
122 |
2,63,017 |
2,82,417 |
5,45,434 |
5,82,68,481 |
|
3 |
2003 - 04 |
164 |
3,25,845 |
6,26,352 |
9,52,197 |
5,58,72,269 |
|
4 |
2004 - 05 |
167 |
4,25,758 |
21,80,251 |
26,06,009 |
11,81,08,471 |
|
5 |
2005 - 06 |
150 |
3,31,905 |
21,46,003 |
24,77,908 |
12,20,76,040 |
|
6 |
2006 - 07 |
165 |
3,36,305 |
20,46,776 |
23,83,126 |
13,30,49,395 |
The modern day shipping trend indicates that the ships require deeper draft as the capacity of ships is increasing. Due to draft limitations and other capital deficiencies the potential of the port could not be put to optimum utilization. Therefore, it is important to have a deep sea port at Karwar in the coast line of Karnataka Maritime State with a maximum possible draft which should accommodate at least Panamax / Suezmax size vessels with other matching infrastructure facilities.
In the above context, The Government of Karnataka, Department of Ports & Inland Water Transports invites proposal from qualified and reputed developers for development of modern Deep Sea Port at Karwar on the coastline of Karnataka Maritime State.
Karwar Port – Basic Site Data
|
Condition |
Value |
|
|
(A) |
Oceanographic |
|
|
1. |
Tides MHWS MLWS MHWN MLWN |
1.90 0.32 1.64 1.22 |
|
2. |
Max. Strom wave height (m) |
6-7 |
|
3. |
Current velocity (m/sec.) Fair Weather Monsoons |
0.2 0.9 |
|
(B) |
Meteorological |
|
|
1. |
Temperature (0C) Mean Maximum Mean Minimum |
34 19 |
|
2. |
Annual rainfall (mm) |
3000 |
|
3. |
Wind speed more than 60 kmph (in no. of days / year) |
0 |
|
4. |
Relative Humidity Max. (% age) |
88 |
|
5. |
Visibility (above 4 kms in no of days / year) |
361 |
|
(C) |
Soil |
Data at existing breakwater location indicates that hard stratum is about 16m at the entrance channel end. |
Note: The basic site data given for the port is based on information available. Parties are advised to reconfirm this data.
APPENDIX-6
PROJECT PROFILE
Proposed 2nd State Development of Karwar Port as recommended by the Expert Committee headed by 1) Shri. K. C. Reddy, Advisor to the Hon’ble Chief Minister of Karnataka 2) Prof. V. Sundar and Prof. R. Sundaradivelu of Indian Institute of Technology, Chennai, 3) M/s. Tata Consultancy appointed by Govt. of India to study Coastal Shipping Scenario.
Construct 2 additional berths providing a berthing length of 460 mtrs. in continuation of existing berths in North – South direction.
Reclaim the area measuring 460 x 460 mtrs. Viz., 21 hectres behind the proposed berths approximate Quantity of reclamation 1.5 million cubic meter.
Upgradation of the lighterage wharf of 200 mtr. Length to accommodate vessels of 7 mtr. Daft.
To construct POL jetty on Sea side of exiting break water to handle 40,000 DWT vessels – POL jetty will consist of an approach jetty, jetty head, two berthing dolphins, two mooring dolphins.
Construct additional break water of 238 mtrs., in continuation of existing Break-water.
In order to achieve necessary tranquility of waves near of proposed extension of the berth and reclaimed area for future expansion, a new break-water need to be constructed of approximately for a length of 1000 mtrs.
Dredging Requirements
Dredging the area in front of wharf and approaches to wharf to the depth of – 13 metres.
Dredging the turning basin of 600 mtrs. Dia to the depth of – 13 mtrs.
Dredging the inner channel length of 1.25 Kms. to the depth of – 13.5 mtrs.
Dredging to outer channel length of 5 Kms. to the depth of – 14 mtrs.
Removal of rock out crops at berth and turning circle.
Realigning / diverting of N. H. 17 to get additional stacking Area and also to divert the regular traffic to ease the traffic congestion at Port. Approximate length 3 Kms. from the Deputy Commissioner’s Bungalow to Okkalkeri, Binaga.
To Provide railway connectivity to the Port a rail sliding to be extended from the existing Konkan Railway to the Port area (approximate length 8.00 Km. including 8 Tunnels and 10 Bridges as surveyed by the Konkan Railway Authorities).
Other suggestions of the Directorate of Ports & I.W.T., Karwar.
To provide oil response equipments to facilitate handling of Class "A" Petroleum Products, hazardous cargo and chemicals, as per the requirements of International Maritime Organization and as recommended by the Coast Guard Authorities.
To provide Navigational aids like transit marks, channel marking buoys, leading lights etc., as per the requirement of International Association of Marine Aids to Navigation and Lighthouse Authority (I.A.L.A.).
To meet the Navigational Safety at Ports Committee (NSPC) requirements regarding navigational safety of the Port.
To meet the International Ship and Port facility Security (ISPS) requirements for deep sea port at Karwar.
To provide required infrastructure facilities to comply with MARPOL requirements.
To provide water, electricity, effluent disposal system and other utilities.
To provide labour amenity facilities as required under dock labour board Act.
To develop the basin at Karwar Port including the backup area for storage and for installing cargo handling equipments and other facilities like ware-housing, transit sheds, cold storage facility, container facility and staff quarters – etc.
Selected developers has to carryout the rehabilitation of Baithkol and Aligadda villages as per the norms recommended by the Govt. of Karnataka. The approximate extent of area to be rehabilitated 54–14–00 Acres comprising of nearly 1000 families.
APPENDIX-7
LAYOUT OF THE PROJECT

GOVERNMENT OF KARANATAKA
(DEPARTMENT OF PORTS & INLAND WATER TRANSPORT, KARWAR)
AMENDMENT - I
No. PIWT-22/DEV-II/2007 Dt: 1.09.2007
Sub: Modification of calendar of Events.
Ref: This Office invitation for Qualification Reference No.PIWT-22/DEV-II/2007 Dated: 20.08.2007.
The calendar of Events of the Invitation for Qualification (RFQ) issued vide this office Notification No.PIWT-22/DEV-II/2007 Dated: 20.08.2007 for
|
Sl. No. |
Schedule of Process |
As Existing |
As Amended |
|
1. |
Sale of RFQ Document |
27.08.2007 to 01.10.2007 |
27.08.2007 to 10.09.2007 |
|
2. |
Last date for receiving queries regarding RFQ |
15.10.2007 |
20.09.2007 |
|
3. |
Pre- Application conference |
18.10.2007 |
21.09.2007 |
|
4. |
Last date for submission of Applications |
31.10.2007 |
29.09.2007 |
All other Terms and Conditions and Other particulars remain unaltered.
DIRECTOR OF PORTS &
INLAND WATER TRANSPORT
KARWAR.
GOVERNMENT OF KARANATAKA
(DEPARTMENT OF PORTS & INLAND WATER TRANSPORT, KARWAR)
AMENDMENT - II
No. PIWT-22/DEV-II/2007 Dt: 1.09.2007
Sub: Modification of calendar of Events.
Ref: This Office invitation for Qualification Reference No.PIWT-22/DEV-II/2007 Dated: 20.08.2007.
The calendar of Events of the Bid process issued vide this office Notification No.PIWT-22/DEV-II/2007 Dated: 20.08.2007 for
B. Bid Process
|
1 |
Sale of Bid Document |
19.11.2007 |
11.10.2007 (1600 hrs ISI) |
|
2 |
First Pre-Bid Meeting |
01.12.2007 |
24.10.2007 |
|
3 |
Second Pre-Bid Meeting |
29.12.2007 |
30.10.2007 |
|
4 |
Bid Due Date |
24.03.2008 |
30.11.2007 (1500 hrs, ISI) |
|
5 |
Opening of Bids |
24.03.2008 |
30.11.2007 |
|
6 |
Issue of Letter of Acceptance (LOA) |
Within 30 days of Bid Due Date. |
15.12.2007 |
|
7 |
Signing of Bids |
Within 30 days of award of LOA |
31.12.2007 |
|
8 |
Validity of Bids |
210 Days of Bid Due Date |
210 days from Bid Due date |
All other Terms and Conditions and Other particulars remain unaltered.
DIRECTOR OF PORTS &
INLAND WATER TRANSPORT
KARWAR.
GOVERNMENT OF KARANATAKA
(DEPARTMENT OF PORTS & INLAND WATER TRANSPORT, KARWAR)
AMENDMENT - III
No. PIWT-22/DEV-II/2007 Dt: 7.09.2007
Sub: Modification of calendar of Events.
Ref: This Office invitation for Qualification Reference
No.PIWT-22/DEV-II/2007 Dated: 20.08.2007 & 1.09.2007.
***
The sale of the Request For Qualification (RFQ) documents for DEVELOPMENT OF MODERN DEEP SEA PORT AT KARWAR ON THE COASTLINE OF KARNATAKA MARITIME STATE on Build Own Operate and Transfer (BOOT) basis has been extended upto 16:00 hrs. IST on 29.09.2007 as per the Government of Karnataka Notification No.PWD 140 SO/FC 2003 dated:1.09.2003
All other Terms and Conditions and Other particulars remain unaltered.
DIRECTOR OF PORTS &
INLAND WATER TRANSPORT
KARWAR.
THE STATEMENT SHOWING THE QUERIES RAISED BY THE APPLICANTS DURING PRE APPLICATION CONFERENCE ON 21.09.2007 AND REPLIES GIVEN BY THE PORT DEPARTMENT. THE SAME MAY BE TREATED AS A PART OF RFQ DOCUMENT.
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Sl. No. |
Clauses & page Nos. of RFQ document |
Queries raised by the prospective applicants |
|
Reply to the queries offered by the department |
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1 |
1.1.3 |
The indicative project cost is Rs.500 crore
(a) What are the items included in this cost? (b) In which year were the estimates made?
|
|
The indicative project cost of Rs.500 crores includes the estimated cost of the items shown in the project profile – Appendix – 6 of RFQ.
The same will be clarified in the bid document (RFP). |
|
2 |
1.2.4 |
1% at first sight looks very high amount to quote as Bid Security. Considering the past experience, we propose to keep the Bid security at 0.5%. e.g. Mumbai Offshore Container Terminal project. |
|
Bid security equivalent to 1% of the estimated project cost i.e, Rs. 5 crore. The same is retained as it is. |
|
3 |
1.2.5 |
Successful bidder shall be the highest bidder How will be the successful bidder be selected if two or more bidders quote the same figure?
|
|
It will be clarified in the bid document (RFP). |
|
4 (A) |
1.2.9 |
Tariff as per Scale of Rates approved As this is a minor port requiring significant investment, developmental and marketing efforts, it is requested that the Concessionaire be allowed the freedom to fix the tariff. This will enable the Concessionaire to develop a modern and efficient port facility which will benefit the users. |
|
It will be clarified in the bid document (RFP). |
|
4 (b) |
1.2.9 |
Tariff as per Scale of Rates The Concessionaire will have to construct breakwater, provide railway link to the Port, roads and other common facilities. To ensure economic viability, the Concessionaire should be able to earn revenue from these facilities and Karwar Port/state government should also provide concessions. Request clarification as to the revenue streams and government concessions that would be available to the concessionaire |
|
It will be clarified in the bid document (RFP).
|
|
5 |
1.2.11 |
The term license fee has not been defined anywhere in the document. No further details are given regarding the so called assets mentioned in the document, please explain whether this license fee is like Upfront payment, one time or annual charges. |
|
The licence fee is for the available vacant land proposed to be leased out to the selected developer. The same will be clarified more preciously in bid document (RFP). |
|
6 |
2.2 |
Please specify who would be the authority deciding the issue of national security Please also clearly specify the guidelines for determining the ‘national security and public interest perspective’
|
|
The State Government will decide the matter as per the prevailing law of the land. The general guidelines issued in the matter will apply. |
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Sl. No. |
Clauses & page Nos. of RFQ document |
Queries raised by the prospective applicants |
|
Reply to the queries offered by the department |
|
7 |
2.2.2 |
As per the above clause the applicant must have audited turn ofer of Rs.500 crores on BOOT etc., or other projects. Please clarify as to whether the trun over of Rs.500 crores is for 3 years, or per annum. (Because the net worth eligibility is for 3 years).
|
|
As the aggregate Net cash accruals of the applicant is for the last three financial years, the audited turnover of more than Rs.500 crore is also for three financial years. I.e., 2004-05, 2005-06 & 2006-07.
|
|
8 (A) |
2.2.2 (A) |
Definition is of similar facility is missing |
|
The similar facility means the development and operation of the port having capacity to handle traffic of more than 1 million tone per annum.
|
|
8 (b) |
2.2.2 (A) |
Minimum duration of operation is not mentioned. We recommend keeping a minimum span of three years for the qualification purpose. Isn’t there any equity stake mandatory in that BOT facility say 26% ? What if an operator having required experience in operation and maintenance is considered for port operation purpose.
|
|
The technical capacity mentioned in the RFQ document should be strictly adhered. Operation & maintenance experience will not be considered.
However the process of weightage awarded to the different criteria during evaluation will be made clear to the applicants before opening of the RFQ document. |
|
8 (C) |
2.2.2 (A) |
The Applicant must have developed OR must be operating similar facility in other ports in India or in any other country having capacity to handle traffic more than 1 million tone per annum |
|
The applicant is required to satisfy both the conditions as stipulated in the RFQ document. Request to substitute OR in place of AND is rejected. |
|
9 |
2.2.2 (B) |
What is the minimum % of equity required to be held by a consortium member to consider its experience accountable? |
|
The financial capacity mentioned in the RFQ document should be strictly adhered. The condition shall be satisfied jointly by the constituents of the consortium.
|
|
10(A) |
2.2.3 (ii) |
Is the auditor’s certificate for Net cash accruals not required? |
|
Auditor certificate for Net cash accruals is required. |
|
10(B) |
2.2.3 (ii) |
DOP&IWT may please consider accepting the certified copies of audited annual reports/ published reports in lieu of certificate from statutory Auditors in the pre-qualification stage. |
|
the Certificate from Statutory Auditors is required. |
|
11 |
2.2.4 |
The similar projects like Civil (or) any Infrastructure development contracts (or) projects has to be accepted. |
|
Not accepted. However the process of weightage awarded to the different criteria during evaluation will be made clear to the applicants before opening of the RFQ document.
|
|
12(A) |
2.2.5 |
No. of members of consortium is restricted to only 3 or is it minimum 3 please clarify. |
|
Number of of members in consortium would be limited to 6 (six) but information sought in the Application may be restricted to 4 (four) members in the order of their equity contribution. Same may be followed.
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Sl. No. |
Clauses & page Nos. of RFQ document
|
Queries raised by the prospective applicants |
|
Reply to the queries offered by the department |
|
12(B) |
2.2.5 |
Members of the consortium shall nominate one member as the lead member, who shall have an equity share of at least 26% of the consortium. The nominations shall be supported by a Power of Attorney, signed by all the members.
|
|
Yes
|
|
12(C) |
2.2.5 (C) |
The equity share for consortium member (Lead member) shall be at least 26%. We presume that there is no minimum equity share for the other associate members?.
We understand from the bid that the Lead Member need not satisfy the “Technical capacity”. |
|
Yes
Number of of members in consortium would be limited to 6 (six) but information sought in the Application may be restricted to 4 (four) members in the order of their equity contribution. Same may be followed. All The condition shall be satisfied jointly by the constituents of the consortium.
|
|
13 (a) |
2.12.3 |
“The application and its copies shall be typed or written in indelible ink and the Applicant shall initial each page in blue ink. All the alterations, omissions, additions or any other amendments made to the Application shall be initiated by the person(s) signing the application.
Application shall contain page numbers and shall be hard bound”.
It is requested that considering the volume of the document (annual reports of 5 years, experience of Consortium etc.,) the hard bound condition may be waivered.
It has been mentioned that the Applicant shall furnish the details of eligible experience as measured by “facilities wise rated capacity for the last three completed financial years.” We request you to clarify the term “facilities wise rated capacity”.
|
|
The conditions mentioned in the RFQ document should be strictly adhered.
Not accepted.
the process of weightage awarded to the different criteria during evaluation will be made clear to the applicants before opening of the RFQ document.
|
|
Sl. No. |
Clauses & page Nos. of RFQ document |
Queries raised by the prospective applicants |
|
Reply to the queries offered by the department |
|
13 (b) |
3.2.1 A |
PLEASE REFER TO CLAUSE 3.2.1. (A): “THE APPLICANT MUST HAVE DEVELOPED AND MUST BE OPERATING SIMILAR FACILITY IN OTHER PORTS IN INDIA OR IN ANY OTHER COUNTRY HAVING CAPACITY TO HANDLE TRAFFIC OF MORE THAN 1 MILLION TONNE PER ANNUM.”
WE ARE OF THE VIEW THAT THERE ARE HARDLY ONE OR TWO PARTIES WHO WILL MEET THIS ELIBILE CRITERIA AS THERE ARE NOT MANY SUCH SIMILAR FACILITIES DEVELOPED IN INDIA AND WE ARE OF THE VIEW THAT THE CONDITION IS RESTRICTIVE IN NATURE.THE CLAUSE NOT ONLY DIS ALLOWS BIDDERS THAT WILL ALSO AFFECT COMPETATIVE BIDDING AND THEREBY LOW REVENUE SHARE TO DEPARTMENT OF PORTS & IWT, GOVERNMENT OF KARNATAKA.
WE REQUEST PORT TO CONSIDER THAT THE APPLICANT SHOULD HAVE DEVELOPED EITHER ANY DRY BULK TERMINAL/CONTAINER TERMINAL/ LIQUID TERMINAL INSTEAD OF SIMMILAR TYPE OF PORT.
|
|
The applicant is required to satisfy all the eligible criteria as stipulated in the RFQ document. The Port construction experience is considered as per RFQ document.
The Port includes construction / development of dry bulk terminal, container terminal, liquid terminals or other similar facilities. |
|
13(c) |
3.2.1.(A) |
AS PER CLAUSE THE APPLICANT SHOULD HAVE THE EXPEREINCE OF HAVING DEVELOPED PORT FACILITY TO QUALIFY. IN ABSENCE OF APPLICANT HAVING ELIGIBLE EXPEREINCE THE APPLICANT SHALL BE ALLOWED TO QUALIFY BY UNDERTAKING TO ENTER INTO AN OPERATION AND MANAGEMENT CONTRACT WITH MANAGEMENT CONTRACTOR WHO HAS THE REQUISITE ELIGIBLE EXPEREINCE.
|
|
Not accepted.
The conditions mentioned in the RFQ document should be strictly adhered.
|
|
14(A) |
3.2.3(d) |
It is mentioned that the project experience during the past 5 financial years preceding the application due date shall qualify as eligible project.
Please clarify the “number of years preceding the application due date that shall be considered for “Eligible Projects” (3 years or 5 years)
|
|
For eligible experience number of years shall be considered as five years as also mentioned in clause (3.2.3), (3.2.4) & (3.3). |
|
14(B) |
3.2.3 (d) |
Why does the construction experience not considered ?
|
|
Port construction experience is considered as per RFQ document. |
|
Sl. No. |
Clauses & page Nos. of RFQ document |
Queries raised by the prospective applicants |
|
Reply to the queries offered by the department |
|
15(A) |
3.2.4 & 3.2.3 |
Mentions that eligible projects include “ the entity claiming experience shall, during the past 5(five) financial years preceding the Application Due date, have (i) commissioned the construction work of the project and paid for it, and / or (ii) collected and appropriated the revenues of such project after commencement of commercial operation. We understand that projects in any of the above Categories, with capital cost more than Rs.50 crore shall qualify as “Eligible Projects”.
|
|
Yes
However the process of weightage awarded to the different criteria during evaluation will be made clear to the applicants before opening of the RFQ document. |
|
15(B) |
3.2.3 |
To qualify as an eligible project, the project should have been implemented on BOT, BOLT, BOO, BOOT or other similar basis
Clarification is requested as to whether projects implemented on land leased by Ports (such as tankfarms, warehouses etc) would qualify under Eligible Projects
|
|
No
|
|
16 |
3.5.2 |
The Authorities should allow all the pre-qualified Applicants for participation in the Bid Stage.
|
|
No the criteria mentioned in the rfq document shall apply. |
|
17 |
Appendix-I Annex-IV Clause-5 |
It has been “Refer Clause 3.2.1 of the RFQ for Category Number”. However, Clause 3.2.1 does not mention the “Category Number”. It is requested to provide details on “Category Number”.
|
|
The categories of experience to qualify as technical capacity, financial capacity and eligible experience etc., is mentioned in Section –IV Criteria for evaluation. |
|
18 |
Appendix-5 Clause-I |
We request you to kindly clarify if additional land area requirement has been estimated for the Proposed Project and the status of the land thereof.
We understand that the existing 200 acres of land is in possession of the Department of Ports and IWT Karwar, please confirm.
|
|
The extent of availability of vacant land proposed to be leased out to selected developer will be mentioned in the bid document (RFP).
|
|
19(A) |
Annexure-5 Stt of legal capacity |
The bidders should be allowed to take signatures of individual consortium members separately in each individual statement as the offices of individual members may be at different countries across the globe. Also clarify whether it should be signed by all the members of the Consortium?
|
|
all the members of the Consortium should sign. |
|
Sl. No. |
Clauses & page Nos. of RFQ document |
Queries raised by the prospective applicants |
|
Reply to the queries offered by the department |
|
19(B) |
Appendix-6 |
It has been mentioned, “To provide railway connectivity to the Port a rail sliding to be extended from the existing Konkan Railway to the Port area (approximate length 8.00 Km. including 8 Tunnels and 10 Bridges as surveyed by the Konkan Railway Authority”.
We understand that the length of the railway connectivity is 8 Km and the above mentioned 8 tunnels and 10 bridges are existing infrastructure of Konkan railway. Please confirm.
Government should be laying a rail track from the existing Konkan Railway to the Port area and should be included as the CP on the Granter side in CA/LA |
|
No Rail sliding from Shirwad to Karwar Port is required to be provided by the selected developer. The details of the Rail sliding will be mentioned in the bid document (RFP).
Not accepted. |
|
19(C) |
Appendix-6 |
We understand the scope of work mentioned under “Other suggestions of the Directorate of Ports & I.W.T., Karwar’ shall not be a part of the Project. Please clarify.
|
|
no The scope of work is included the other suggestions of the Directorate of Ports & IWT Karwar as mentioned in the project profile. |
|
19(D) |
Appendix-6 |
Kindly provide the existing depth level or the quantity of dredging required to be undertaken. |
|
Will be mentioned in the bid document (RFP). |
|
19 (E) |
Appendix-6 |
We request you to kindly provide any techno economic feasibility study/ reports that may have been prepared for the Project.
|
|
Available extract of the study report will be provided in the bid document(rfp). the necessary informations may be collected from the data room established in the directorate of Ports & iwt. karwar |
|
19(F) |
Appendix -6
|
Is this project bid for development of additional berth as a IInd Stage development (Do you view the bid as a green field project) or is this bid for managing the present assets/upgradation of facilities and infrastructure and also development of new berths? We understand the ‘Assets mentioned in the clause refers to the existing facilities at Karwar Port. |
|
As per the Appendix-6 project profile of the RFQ document, the present project bid is for IInd stage development of Karwar port .
Managing the present assets, is not included in the scope of the project profile of the RFQ document. |
|
19(G) |
Appendix-6 |
Project Profile Is the successful bidder free to alter/modify the number, design and layout of berths, following the detailed Traffic Study? |
|
No however the same will be made clear in the bid document (rfP) |
|
20 |
Appendix-7 |
We understand that the development plan for the 2nd stage development of the port has been prepared. We request you to provide the same. |
|
Available extract of the study report will be provided in the bid document(rfp). the necessary informations may be collected from the data room established in the directorate of Ports & iwt. karwar
|
|
Sl. No. |
Clauses & page Nos. of RFQ document |
Queries raised by the prospective applicants |
|
Reply to the queries offered by the department |
|
21 |
Annex - III |
Format asks for 5 years net cash accruals while the period under consideration is only three years. |
|
Furnish the informations only for three years. |
|
22 |
General |
Department of port is requested to arrange to the visit the site and familiarize ourself with the project. |
|
Port visit has been arranged on 21.09.2007 at 1600 hrs. Other applicants may visit port at their convenience with prior approval. |
|
23 |
General |
The layout of the project is not clear and not readable. This may be explained in length please. |
|
Applicants who downloaded RFQ document from website are requested to obtain project layout map from the Director of Ports & IWT, Karwar. |
|
24 |
General |
For the development of this seaport there is likely, objections, would be arised from the near by villagers and if so what are the precautionary steps going to be taken by they department of port and Govt. of Karnataka |
|
The Karnataka Government will extended Best support policy in the matter. However it is the responsibility of the selected developer to obtain all required permissions. |
|
25 |
Modification of calendar events (Invitation for qualification (RFQ) |
We find it impossible to get the Power of Attorneys and other documents in required formats especially from the foreign partners. Execution of Joint Bidding Agreement and collection of Auditor’s certificates in such a short time is very hard. Therefore we request you to allow an extension of at least four weeks for submission of Application. For a project of this volume sufficient time should be given to prepare a feasible techno-commercial proposal after due diligence on the project viability, risk-return analysis and strategic tie-up with the SPV partners is made by the bidders. Undue hurry in expediting the process may lead to several issues on a later date. |
|
extension of last date for submission of rfq application for the period of 15 days is under consideration.
necessary amendment for modification of calendar of events will be issued separately. |
|
26 |
General Issues |
If the Applicant fulfills only the prescribed minimum financial eligibility criteria but not meet the technical criteria, the Applicant may be allowed to qualify subject to entering into a contract with an experienced terminal operator who meets all the technical eligibility criteria, before submitting the bid. |
|
Not accepted, The conditions mentioned in the RFQ document should be strictly adhered.
|
|
27 |
General |
There is a news item on Karwar port being taken over by the Indian Navy for security reasons and its proximity to the Sea Bird Project. Is there a possibility of such take over? will the State Govt./ DOP&IWT assure the bidders of suitable action of pre-empting such take over |
|
There is no such proposal from Indian Navy to take over the Karwar Port for defence purpose.
|
|
28 |
General |
In the event of shifting of the Road currently running close to the Port will the space be handed over to the successful bidder?
|
|
it is principally agreed to lease out the additional land available by shifting of the N.H – 17 to the selected developer after transferring of the said land to the Port Department subject to duly complying all statutory and legal requirements. |
|
Sl. No. |
Clauses & page Nos. of RFQ document |
Queries raised by the prospective applicants |
|
Reply to the queries offered by the department |
|
29 |
Rehabilitation of the villages |
o Government should identify the lands for the rehabilitation? And bear the expenses of Rehabilitation and Relocation (R&R) o Any dispute by the local population against rehabilitation should be handled by the Government. Necessary provisions to this effect should be made in the Concession/License Agreement (CA/LA) and this should be included as condition precedent (CP) for the Granter.
|
|
Not accepted. The Government will follow the Best Support Policy in the matter. |
|
30 |
Clearances |
The Government/Granter should obtain the following clearances from the respective authorities: 1. Defense Clearance from Indian Naval Authorities and Ministry of Defense 2. Security Clearance form respective authorities of Government of India Environmental Clearance from Ministry of Environment and Forest including NOC from State Pollution Control Board and Coastal Zonal Management Authority of Karnataka or equivalent bodies |
|
It is the responsibility of the selected developer to obtain all the clearances / No-objection certificates from all the required competent authorities for successful implementation of the project.
However the Government will extend the Best Support Policy in the matter. |
|
31 |
Connectivity and external infrastructure |
Granter/Government should provide the following external infrastructure upto the Battery limits of the port 1. 4-lane road connectivity with the regional road network to enable the access to the port for evacuation of inbound cargo from port and transport of outbound cargo to the port 2. Rail connectivity with the national rail network in the vicinity of port to enable the access to the port for evacuation of inbound cargo from port and transport of outbound cargo to the port 3. Adequate quantity of assured water supply of potable quality 4. Un-interrupted adequate assured supply of electricity 5. Drainage and sewerage system
|
|
Not accepted. |
|
32 |
Back-up area |
Adequate provision should be kept for following: 1. Land for Railway Yard and adequate back-up area for the port 2. Land for Port base SEZ and for development of logistic corridor 3. Land for housing and other social infrastructure such as school, hospital & market complex for the port staff
|
|
Not accepted.
The available extent of land will be more clearly defined in the bid document (RFP). |
|
Sl. No. |
Clauses & page Nos. of RFQ document |
Queries raised by the prospective applicants |
|
Reply to the queries offered by the department |
|
33 |
Minimum Financial capacity |
Please modify the Cash Accrual requirement to INR 70-80 Crores in last 3 Financial Years in order to maintain a proper correlation with the Minimum Networth criteria of INR 70 Crores as mentioned in the RFQ document. Further, this change is required keeping in mind that consortium members are limited to three |
|
Not accepted. The conditions mentioned in the RFQ document should be strictly adhered.
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34 |
General |
Dredging Is capital and maintenance dredging Concessionaire’s responsibility? Request Karwar Port to take the responsibility of dredging |
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The capital and maintenance dredging is the responsibility of the selected developer |
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35 |
General |
Construction Period and scope of work / plan may please be indicated. Cost Breakdown of project may please be indicated. Available Plan & Estimates of NH-17 alignment be provided. Cost estimates / plan of Railway Siding may please be provided. Whether previous report of surveys / studies The modalities of levying of the vessel / cargo related charges may please be explained.
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The same will be made clarified in the bid document (RFP). |
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36 |
General |
WE UNDERSTAND THAT THE PORT / GOVERNMENT OF KARNATAKA HAD IN THE PAST ENTERED INTO AN AGREEMENT THROUGH A MOU FOR DEVELOPMENT OF PORT.WETHER SUCH MOU EXISTS ,IF SO WETHER THE SAID MOU HAS BEEM NOTIFIED AS INVALID.IN ADDITION TO ABOVE WE ALSO UNDERSTAND THAT THE PORT HAS ALSO ENTERED INTO AN AGREEMNT FOR DEVELOPMENT OF CONTAINER TERMINAL WITHIN THE PORT WITH A PRIVATE PARTY.WETHER SUCH AGREEMENT / MOU WILL NOT LEAD TO CONFLICT OF INTEREST.THE PROSPECTIVE BIDDER WILL CREATE INFRASTRUCTURE WITH HUGE CAPEX AND THE EXISTING CONTRACTOR WILL BENEFIT AND WILL OFFER THE SERVICES AT LOWER COST AND THE SUCCESFUL BIDDER WILL STILL HAVE TO SHARE ON HIGHER CEILING WITH THE PORT.ALSO PLEASE ADVISE WETHER THE EXISTING CONTRACTOR WILL BE SUB-CONTRACTOR OF SICCESSFUL BIDDER WITH REVISED TARIFF OR THE MOU WILL AUTOMATICALLY CEASE TO EXIST. |
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So far the department not entered any MOU with any developers for the development of Karwar Port.
The agreement entered for handling of container traffic is restricted only to the usage of the facilities available at the existing port. this has nothing to do with proposed 2nd stage development (as mentioned in project profile) of karwar port.
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37 |
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It is understood that a MoU exist for development of the port. Has the MoU been terminated? Will the DOP&IWT insulate the successful bidder from future litigation/ stays etc to stall the project progress?
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Not applicable in view of the clarifications given in the above paras.
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Sl. No. |
Clauses & page Nos. of RFQ document |
Queries raised by the prospective applicants |
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Reply to the queries offered by the department |
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38 |
General |
How the Royalty that means revenue sharing and licence fee , is charged by the assets made available.
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It will be mentioned in the bid document (Request for proposal (RFP)). |
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39 |
General |
THE APPLICANT SHALL HAVE TURNOVER OF MORE THAN RS.500 CRORE.WE REQUEST YOU TO NOTE THAT THE INVESTMENTS IN PORT SECTOR IN PPP MODEL IS NEW CONCEPT AND NOT MANY PROJECTS HAVE UP DUE TO LACK IN CLARITY OF MODEL CONCESSION AGREEMENT.IN SUCH A SCENARIO STIPULATING TURNOVER OF RS.500 CRORES IS TOO STEEP AND ONLY ONE OR TWO PARTIES WILL MEET THE CRITERIA.WE REQUEST PORT TO RELAX THE SAID CRITERIA TO RS.100 CRORES.
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Not accepted.
The conditions mentioned in the RFQ document should be strictly adhered.
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40 |
General |
AS SOME OF THE PROPOSED DEVELOPMENT OF BACKUP AREA WITHIN PORT IS ILLEGALLY OCCUPIED BY LOCALS AND THE SETTLMENT BETWEEN GOK /PORT DEPARTMENT HAVE ALREADY BEEN DONE INSPITE OF WHICH THE OCCUPANTS CONTINUE TO HOLD THE LAND.WE REQUEST PORT TO ADVISE WHAT STEPS WILL BE INITIATED BY PORT IN GETTING THE ILLEGAL OCCUPANTS EVICTED AND HOW PORT CAN GIVE LEGAL IMMUNITY TO PROSPECTIVE BIDDER IN CASE OF ANY LEGAL ISSUES ARISING THEREOF.
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The land has been acquired for the development of the port activities during 1971. The compensation has been already paid to the ex-owner of the acquired land. Rehabilitation colonies provided, Patta has been issued to the land looser. The Record of Rights is in the name of the port department since from 1971. But ex-owners of the acquired land are not shifted to the rehabilitation colonies as they urge for additional compensation package. The Government of Karnataka will extend Best Support Policy for evacuation of the illegal encroacher of the port land with the financial assistance of the selected developer. The estimated cost indicated is also includes the approximate cost of the rehabilitation with new package.
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41 |
General |
WE REQUEST DIRECTOR OF PORTS AND IWT, GOK, TO NOTE THAT LARGE EXPORT HOUSES SHALL BE EXEMPTED WITH TECHNICAL EXPEREINCE IN DEVELOPING THE PORTS AND SHOULD CONSIDER EXPORT / IMPORT VOLUMES ALONGWITH THE NET WORTH WHICH WE SUGGEST CAN BE INCREASED TO RS.150 – RS.200 CRORES AND ALLOW TO QUALIFY AT RFQ STAGE.AT RFP STAGE DEPENDING UPONT THE CREDENTIALS / EXPEREINCE OF THE MANAGEMENT CONTRACTOR / O&M CONTRACTOR THE TECHNICLA CAPACITY SHOULD BE EVALUATED.
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Not accepted.
The conditions mentioned in the RFQ document should be strictly adhered.
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Sl. No. |
Clauses & page Nos. of RFQ document
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Queries raised by the prospective applicants |
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Reply to the queries offered by the department |
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WE SPECIFICALLY REQUEST PORT TO NOTE THAT IN PRESENT ECONOMIC SCENARIO LIQUIDITY IS NOT ANY MORE A CHALLENGE TO PRIVATE INVESTORS AND HENCE ENCOURAGE PROSPECTIVE BIDDERS AT RFQ STAGE SUCH THAT DEPARTMENT GETS THE HIGHER REVENUE SHARE DURING PRICE BID SUBMISSION AT RFP STAGE,SUBJECT TO QUALIFYING TECHNICAL ELIGIBILITY CRITERIA.
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42 |
General |
WE REQUEST DIRECTOR OF PORTS AND IWT, GOK TO SPECIFY THE CONCESSION PERIOD. |
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The concession period of the this BOOT project is 30 years.
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43 |
General |
WE REQUEST DIRECTOR OF PORTS AND IWT,GOK TO CONSIDER THE REQUIREMENTS AS LISTED IN PROJECT PROFILE – APPENDIX – 6 AS MINIMUM REQUIREMENTS AND PROSPECTIVE BIDDERS TO HAVE THE OPTION TO UPSCALE THE PROJECT AND ALSO TO EXPLORE AND IDENTIFY SHORTEST RAIL / ROAD CONNECTIVITY.
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This will be made clear in the bid document (RFP).
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44 |
General |
If a financial partner having an Audited Turnover of more than Rs.500 crores from BOOT projects not having Technical experience & Technical member not having similar Turnover / Networth/ Net cash accruals.
“Whether it matches the qualification requirements”? Please clarify.
Whether the consortium members can “Jointly” satisfy the Technical Capacity ?
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Yes
The categories of experience to qualify as technical capacity, financial capacity and eligible experience etc., mentioned in THE Section –IV (Criteria for evaluation) OF THE RFQ document should be strictly adhered. The condition shall be satisfied jointly by the constituents of the consortium.
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DIRECTOR OF PORTS &
INLAND WATER TRANSPORT
KARWAR
GOVERNMENT OF KARANATAKA
(DEPARTMENT OF PORTS & INLAND WATER TRANSPORT, KARWAR)
No. PIWT-22/DEV-II/2007 Dt: 27 .09.2007
AMENDMENT-IV
Sub: Karwar port – Modification of calendar of Events-reg.
Ref: This office invitation for qualification Reference No. PIWT-22/DEV- II/2007
Dated: 20 .08.2007, 01.09.2007 & 07.09.2007
*************
The calendar of events of the Invitation for Qualification (RFQ) issued vide this office Notifications and amendments cited above for DEVELOPMENT OF MODERN DEEP SEA PORT AT KARWAR ON THE COASTLINE OF KARNATAKA MARITIME STATE on Build Own Operate and Transfer (BOOT) basis stands modified as notified hereunder.
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A |
Schedule of Pre-Qualification process |
Due Dates |
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As Existing |
As Amended |
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1. |
Sale of RFQ Documents |
29.09.2007 |
24.10.2007 |
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2. |
Last date for receiving queries with reference to RFQ |
20.09.2007 |
20.09.2007 |
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3. |
Pre-Application Conference |
21.09.2007 |
21.09.2007 |
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4. |
Authorities Response to queries |
22.09.2007 |
29.09.2007 |
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5 |
Last Date for submission of Application |
29.09.2007 |
24.10.2007 |
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B |
BID PROCESS |
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1 |
Sale of Bid Documents |
11.10.2007 |
12.11.2007 |
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2 |
Pre-Bid Meeting - 1 |
24.10.2007 |
22.11.2007 |
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3 |
Pre-Bid Meeting - 2 |
30.10.2007 |
03.12.2007 |
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4 |
Bid Due Date |
30.11.2007 |
04.02.2008 |
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5 |
Opening of Bids |
30.11.2007 |
04.02.2008 |
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6 |
Letter of Acceptance (L.O.A) |
Within 30 days of Bid Due Date. |
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7 |
Signing of Concession Agreement |
Within 30 days of award of LOA |
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8 |
Validity of Bids |
210 Days of Bid Due Date |
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All other Terms and Conditions and other particulars remain unaltered.
DIRECTOR OF PORTS &
INLAND WATER TRANSPORT
K A R W A R
GOVERNMENT OF KARANATAKA
(DEPARTMENT OF PORTS & INLAND WATER TRANSPORT, KARWAR)
AMENDMENT - V
No. PIWT-22/DEV-II/2007 Dt: 23.10.2007
Sub: Extension of last date for submission of RFQ application.
Ref: This Office invitation for Qualification Reference
No.PIWT-22/DEV-II/2007Dated:20.08.2007,1.09.2007& 27.09.2007
***
The Last date for submission of the of Request For Qualification (RFQ) applications for DEVELOPMENT OF MODERN DEEP SEA PORT AT KARWAR ON THE COASTLINE OF KARNATAKA MARITIME STATE on Build Own Operate and Transfer (BOOT) basis has been extended upto 16:00 hrs. IST on 31.10.2007.
All other Terms and Conditions and Other particulars remain unaltered.