RFQ TEMPLATEPart I - III Request For Proposal1

Bid Document Development of Ponnani Port
DIRECTORATE OF PORTS FISHERIES & PORTS (E) DEPARTMENT
GOVERNMENT OF KERALA
REQUEST FOR PROPOSAL
DEVELOPMENT OF GREENFIELD PORT AT PONNANI, MALAPPURAM DISTRICT, KERALA
ISSUED TO:
ISSUED BY:
M/s. _______________________________
Signed:___________________________ Name: Dr.Jacob Thomas
Designation: Director of Ports Government of Kerala Thiruvananthapuram Kerala
Government of Kerala
INSTRUCTION TO TENDERERS IN e-TENDERING IN PORT DEPARTMENT TENDER NO.01/Ports/2010 NAME OF Tender: Development of Ponnani Port under PPP 1. The tender document consists of 5 parts as given below Part 1: Project concept Swiss Challenge method Part II: Information & Instructions to bidders Part III: Annexures Part IV: Brief Project profile Part V: Drawings These documents are available on the website www.keralaports.abcprocure.com hosted by M/s. E-Procurement Technolologies.Ltd, Gujarat. Intending tenderers are requested to go through the entire documents and get fully conversant with the terms and conditions, specifications and nature of work involved, before quoting for the work. Once a tenderer quotes for this work, on line through the website given above, it would be deemed that he has seen and understood the tender documents in full and that he agrees to the terms and conditions as per the tender documents. The bid shall consist of two parts, the Technical Bid and the price Bid. Technical Bid will be evaluated first and Price Bid of only those who are technically qualified will be opened. Any document that may be required to be produced to establish the profile of the tenderer shall be produced through uploading scanned copies. (Originals for verification later on and attested copies for record) should be sent through courier within five days on request from Port Department failing which the tender will be rejected and EMD forfeited. 2. Aspiring bidders who have not requested or obtained the user ID & Password for participating in e-tendering in Port Department, may now obtain by e-mailing the details prescribed in the website www.keralaports.abcprocure.com Alternatively any person can send a request for user ID and pass word through letter/mail/fax to Vanitha Gopinath or Richa pandit, e-Procurement Technologies.Ltd, B-705, Wall Street- II, Opp.Orient Club, Nr. Gujarat College, Ahmedabad 380 006, Gujarat, India (Cell phone 0-9898704562, 07940016867 Fax (079) 400116876, Website www. abcprocure.com, E-mail: vanitha@abcprocure.com so as to reach her from 15-7-2010 and on or before 10th September 2010. 3. A training programme on e-tendering will be conducted for the aspiring bidders at 11.00 AM on 30-08-2010 at our Head office Directorate of Ports , New Corporation Building, LMS Jn, Palayam, Thiruvananthapuram -33.Those prospective bidders who wish to undergo training should reach our Head office in time. However you are requested to inform this to us through our e mail portsdir@asiantindia.com at least one day before. 4. Bidders can download the e-tender form (tender document)
Government of Kerala 2
5. Bidders can access the e-tender from 15-07-2010 from 10 hours 6. Those who are not well versed with computers and e-tendering procedures can come to the Head office at least one day before the tender and contact Capt. Hari Achutha Varrier, Deputy Director of Ports. All the required help and facilitation will be provided for submission of tender through electronic mode. 7. Last date and time for the submission of completed tender documents in the etender website is13.30 hours on 15/09/2010. All mandatory fields / spaces in the tender documents/ schedules should be filled up. Incomplete information is liable to be rejected. 8. The Technical Bid of the tender will be opened at 13.30 hours on 15/09/2010. The Price Bid of the tender will be opened at the Directorate of Ports at 1600 hours on 15/09/2010. Tenderers or their authorized representative are requested to attend the bid opening. There will not be any separate communication regarding the price bid opening, in the normal circumstances. If for any reasons like more time is needed for technical evaluation, a separate price bid opening time will be communicated through email to the bidders who have submitted there bids on time.
9. EMD should be in the form of Demand Draft in favour of Director of Ports payable at Thiruvananthapuram, uploaded on the website plus sent through courier. 10. Bidders can access tender documents on the website, fill them and submit the completed tender documents in electronic tender box on the website itself.. The EMD details should be filled and EMD should be sent by courier/ post/ hand delivery at the Directorate of Ports so as to reach before 13.30 hours on 15/09/2010. 11. Any document submitted through post/courier/by hand is at the risk of bidders (ie. Port Dept is not responsible for any delay/loss) except those documents separately mentioned in the bid like DD etc. 12. Corrigendum will be published in the website only for all modifications/corrections, if any, which may be read before submitting the tender.
If any tenderer wants any clarifications, help or assistance, they can contact the Directorate of Ports by e-mail/fax/letter at least 10 days before the last date of tender submission. A users manual can also be sent to any registered tenderer for additional help for participating in the e-tender.
DIRECTOR OF PORTS FISHERIES & PORTS DEPARTMENT
GOVERNMENT OF KERALA
INTERNATIONAL COMPETITIVE BIDDING (ICB)
Government of Kerala invites Online Tender for the DEVELOPMENT OF PONNANI PORT PROJECT from interested Parties to the Director of Ports, Thiruvananthapuram, Kerala. Sl_No. 1 Nature of Work
2 3
Cost of Document Document Download Date Start Date Closing Date
Development of Deepwater Ponnani Port in Malappuram District, Kerala on BOT basis through Swiss Challenge Method. Bid Rs 26000.00 (Rupees Twenty Five Thousand) Only
Document can be downloaded from keralaports.abcprocure.com 15th July 2010 30th August 2010 -----------------Last Date of Online 15th September 2010 at 1.30 PM (13.30 Hrs- Indian Bid Submission and Standard Time) Time
1. Tenders are invited from all interested parties having sound technical & financial background, who individually or together with partners and associates have expertise or experience in developing or constructing or operating of port projects.
2. Evaluation of bidders will be done by Government of Kerala. 3. All information and instructions related to this tender are given in the Bid Documents . 4. The bid documents can be Downloaded from keralaports.abcprocure.com against a non-refundable fee, as per details given in table above, in the form of a Demand Draft on any scheduled bank in favour of Director of Ports payable at Thiruvananthapuram which can be sent as DD through courier so as to receive before the tender opening date. 5. Bidder can download documents after logging to keralaports.abcprocure.com . As bidder has to download the documents after logging to the website, record can be maintained in the system. 6. Bid Documents cannot be downloaded on behalf of principal as the User ID and Password will be issued to the Tenderer only However the Bid will be issued in the name of the Principal only and the Principal shall be responsible for quoting the Bid. 7. Bid shall be submitted through Online Mode only, before the date and time as specified in the table above. 8. Bidder can submit online Bid on their convenient date and Time (before the last date of Tender submission) 9. Department reserves the right to reject any bid without assigning any reason thereof on account of non compliance of any conditions and guidelines and on account of incomplete, confusing, frivolous bid documentation. 10. Bids should be valid for 90 days from the Last date of submission of the bids and may be extended further if considered necessary by the Department. 11. All other details are available in the Bid documents. 12. For any query one may contact through e-mail and or fax e-mail : portsdir@asianetindia .com fax : 91-4712324533
Sd/-----DIRECTOR OF PORTS/---------
BID DOCUMENTS TABLE OF CONTENTS
SL_NO.
CONTENTS
PAGE NOS
Part I
Project Concept Swiss Challenge Method
Part II Part III Part IV Part V
Information & Instructions to Bidders Annexures Brief Project Profile Drawings
MAY, 2010
PART I
PROJECT CONCEPT Swiss Challenge Method
1. Current Scenario The Maritime State of Kerala has a coastline of around 590 Kms. Besides the Port of Kochi (a Major Port governed by Major Port Trusts Act, 1963), there are 17 Intermediate & Minor Ports in Kerala. The Minor and Intermediate Ports are under the Administration of Government of Kerala. The Ports are administered directly by the Director of Ports who is headquartered at Thiruvananthapuram. There are three regional officers at Neendakara, Alappuzha and Kozhikkode. Most of the minor and intermediate ports in the State are yet to be developed into modern alongside port facilities and the Govt of Kerala has initiated various steps to achieve the development of these ports. Recognizing the need to develop the ports in a time bound manner, but not having adequate resources for the same, Government of Kerala has decided to encourage private sector participation through Port Policy objectives such as:. a) Increase the share of the State of Kerala in maritime trade of India. Kerala shall target a place among the top three maritime States of the country in terms of cargo handled over the next decade. b) Facilitate achievement of optimal multi-model transport and logistic chain outcomes by establishing an efficient and commercially viable transport system. This will be achieved by carrying out co-ordinated development of multi-purpose ports, transshipment bunks, inland waterways, coastal shipping inland terminal cargo handling and storage facilities, railways and road linkages. c) Promote port based and Maritime Industries. d) Ensure protection of environment and coastal zones. e) Promote establishment of passenger terminal and marinas. f) Invite and encourage private sector participation in ports, support services and other infrastructure on commercial basis in order to fulfill the objectives of this Policy.
Government of Kerala has been following a comprehensive port-based development policy for the state by development of Ports like Vizhinjham Deepwater International Container Transhipment Terminal, Kollam
(Thankassery) Port, Alappuzha Port, Beypore Port , Ponnani Port and Azhikkal Port all through Public Private Partnership basis
2. Project Background The Ponnani Port is located at the mouth of the river Bharathapuzha in Mallapuram district and presently consists of facilities that can handle fishing vessels. The port has last handled commercial cargo in the year ---. For this port location, the Government of Kerala received an innovative proposal from a Private Investor, M/s Malabar Port Pvt Ltd, who proposed to develop Ponnani port into a deepwater, all weather, alongside berthing facility on a BOT basis, through their own finances in May 2008. The Government thereon deceided to take up this project on a Swiss Challenge basis and asked the Proponent to submit a detailed project report. This was completed by the Proponent and since then the Government has approved the same. 3. Swiss Challenge Method Swiss Challenge Method is a bidding process to help private sector initiative in core sector projects. The Swiss challenge method will ensure that the Private Sector initiatives will be combined with a process to secure the best commercial advantage for the State. After securing the Project proposal from the Proponent to the satisfaction of the Government a Online tender is floated for determining the commercial benefit that the State must secure from the project. The original
proponent does not participate in the tender floated. The best market offer for the identified commercial parameter is secured through the tender process. Then the original proponent gets the right to match this offer if the firm can do it and implement the project. If the proponent, does not match the offer of the best bidder, then the Government would award the project to the best bidder for execution and commercial exploitation. The Best bidder would however be liable to Compensate the original
Proponent for its ideas, efforts and expenses incurred upon award as specified in this document .
4. Swiss Challenge for Ponnani Port Project As explained in para 3 GoK has decided to follow Swiss Challenge Method of award for the development of Ponnani Port as per GOKs GO.(Ms.) No.
40/08/F&PD dated 04/07/2008, attached at the end of this Bid Document. M/s Malabar Port Pvt Ltd (MPPL ), the original proponent has completed studies for the project (DPR) as per the GO which includes Technical studies, Traffic Studies,
Reconnaissance Survey for Rail & Road connectivity, Bathymetry & Oceanography survey, Soil Studies (Marine & Land), Topographical Survey, etc.
The GOK has also approved this DPR since then and has decided to call for this global tender to seek the best rate of Revenue share from experienced parties / parties with expertise as per the above referred GO. MPPL cannot participate in the tender and will be offered the opportunity to match the best bid terms received. If they do so, they will be selected to build the Port and run it commercially and the Government of Kerala will enter into a concession/license agreement with MPPL, who will then implement and operate the Port project. If MPPL does not match the winning bid, the compensation amount specified in this bid document will be paid to them by the party who has quoted the best bid in accordance with the terms of the bid and GOK would thereafter issue Letter of Award (LOA) to the best bidder for implementation of the project.
5. Compensation Amount As explained in para 6, if MPPL does not match the winning bid a compensation amount of Rs.10,00,000/-(RS.Ten lakhs only), will be given to MPPL by the party who has quoted the best bid and is the chosen Best Bidder (Proposed Developer). All interested bidders participating in the tender thus unambiguously undertake to pay the compensation amount to M/s Malabar Port Pvt Ltd, within 30 days of opening of the price bid if their bid is the winning bid and MPPL does not match the winning bid, within 7 days of the opening of the price bid, in writing
6. Role of Government of Kerala The investor will not be given any financial assistance by Government for the port or any supporting Infrastructure including new rail, widening of existing road, water supply, electricity at any stage in the development process. Government will only be a facilitator for the smooth functioning of the Project. Government will be responsible for providing the existing/available Govt. Land as per the Approved DPR of the Proponent Company (the Govt land available for handing over has been detailed in the Project details in Vol II) and Government would also facilitate the developer in acquiring private land for the Railway Link.
7. Concession Agreement - Broad Details Upon award of the Project, Government of Kerala will then enter into a binding and bankable agreement (Concession Agreement) , to develop the Project on BOT terms, in order to define their respective Rights and Obligations with respect to the Project work. Within 30 (Thirty) days from the date of issue of Letter of Award(LOA) by the GoK, the proposed developer ( MPPL or the Best Bidder ) should submit a Security Deposit in the form of a Bank Guarantee from a scheduled Bank operating in India for a value of Rs 10 (Ten) Millions. This deposit shall be released on reaching the Financial Closure for this Project work and on delivering of a Performance Guarantee which shall be equivalent to 1% of the estimated Capital Cost of Phase-I of the project within 30 (thirty) days of Financial Closure. If the above are not done on line by the best bidder or MPPL as the case may be, the offer will automatically go to the next best qualified bidder without further notice. The key highlights of the Concession Agreement will be as below: i. The agreement will seek the implementation of the Port Project as in the approved DPR, including the capacities and the investments. ii. The Concession Period will be for a total period of 34 years including a maximum period of 4 (four) years for Financial Closure and completion of construction.
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iii.
The Concession Period may be extended further for two additional periods of 10 years each as per separate terms and conditions agreed mutually at the relevant time. However extension of Concession Period will be at sole discretion of GoK.
iv. v.
Govt. shall have statutory and sovereign rights over the land and water front. Available land and submerged areas to be leased by the Government to the Developer.
vi. vii. viii.
The lease period shall run concurrent to the Concession Period. Revenue Sharing with the Government. Major milestones to be achieved for the Project. a. Phase 1 Financial Closure within 12 months of signing of Concession Agreement b. Phase 1 Construction to be completed within 36 months of Financial Closure c. Execution of Second Phase of Project work on achieving 70% capacity utilization of Port facilities created in Phase I. d. Further Phased development of the Port as contained in the Master Development Plan in relation to cargo needs as & when 70% capacity created till preceding phase is utilized
ix.
The developer shall have right to levy, collect & retain charges for port services on Port premises and developer shall have full freedom of fixing and revising of tariff for various port services on port premises with a view to attract business at the port and such rates shall not be higher than the rates in the neighboring major ports of Kerala and Karnataka .
x.
The GOK retains its right to develop the Beypore Port which is in the vicinity and also Ponnani Port.
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PART II
INFORMATION & INSTRUCTION TO BIDDER
The Fisheries & Ports (E) Department, Government of Kerala, hereinafter referred to as the GoK invites Online Tender proposals for the development of modern, multipurpose, all weather, alongside berthing, deep water port at Ponnani in Malappuram District, Kerala, India through Public Private Partnership on BOT basis by procuring Private Investor by Swiss Challenge Method.
IMPORTANT SCHEDULES & DETAILS No 1 Component Online Download Document Start Date Closing Date 2 3 Online Bid Submission Date & Time Mode of Bid Submission Description Document can be downloaded keralaports.abcprocure.com 15th July 30th August from
15th September 13.30 Hrs Indian Standard Time.

a) Envelope 1: Bid Security b) Envelope 2: Capability Statement
i. Experience / Expertise ii. Financial iii. Technical and managerial capabilities c) Envelope 3: Commercial Offer As the entire procedure is online, bidder has to submit their bid online and no need to categorize their document into different envelops, as the envelops are already been created.
Envelope 1 Bid Security
Rs 25,00,000/- (Rupees Twenty Five Lacs) in the form of a Bank Guarantee / Demand Draft in favor of Government of Kerala.
Technical Bidder / Consortium should furnish details of : a) Technical capabilities / experience in similar projects as required in bid documents ii. Financial a) Financial capabilities, specifically
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Envelope 2 Capability Statement
i.
No
Component
Description
highlighting how do the bidder plans to raise Finance for the Project as required in bid documents iii. Managerial capabilities to canvas business run and operate the ports, capable the construction along with a PERT chart.
Envelope 3 Commercial Offer
Percentage of Revenue Sharing on an yearly basis every year till during the BOT period and the total year wise revenue projection during the entire period with profit percentage proposed to be shared with the Government of Kerala in clear terms. All the information shall be submitted and furnished only in English Language. 30th August 11.00 AM (Indian Standard Time) at Directorate of Ports Bid will be opened in two stages. DATE: 15th September 2010 at 13.30 Hrs (I ST) Note: Envelope 1 will be opened on line. On verification and preliminary acceptance of validity of the Bid Security, Envelope 2 shall be Opened and names of parties declared. The bid of any Party which does not submit a valid Bid security, for any reason whatsoever, shall be rejected summarily and this party shall not be allowed to participate any further in this Bid process. DATE: 15th September 2010 at 15.30 Hrs (IST) Note: Envelope 3 of Bidders whose capability statement has been found acceptable to GoK shall be opened and the rates of revenue sharing in total percentage basis during the BOT period of 30+4 years offered by individual bidders shall be read out. For this purpose the GoK at its sole discretion shall select the bidders based on the Capability Statements and commercial opening date will be informed to all
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7 8 9
Language Pre-bid Meeting Date & Time Bid Opening Date: Stage 1
Stage 2
No
Component
Description the selected parties through e-mail by the GoK, if there is any change from the date proposed above. Revenue sharing percentage shall be same or even every year ( lesser percentage in the beginning years and more percentage at later years will not be acceptable) .
Contact Detail of Service Provider
Ms. Vanitha Gopinath Cell No. 0 98987 04562 Email vanitha@abcprocure.com Mr. Harsh Gajjar Cell No. 0 - 92768 60124 Email harsh@abcprocure.com Ms. Richa Pandit Cell No. 0 93745 19729 Email richa@abcprocure.com
GoK shall adhere to the above schedule to the extent possible; however, GoK reserves the right to modify the above schedule. In case GoK seeks any clarification about the information submitted by the bidder, during the period of evaluation, it is to be submitted within specified time by the bidder and if no clarification is received effectively within the specific time, further evaluation of that bid will be closed without any further notice.
A. Bid Documents
1. Bid Documents, in two volumes, contain the following: Volume - 1 i. Part I : Proposed Swiss Challenge Method ii. Part II : Information & Instruction to Bidders iii. Part III : Annexures Volume 2 i. Brief Project Profile ii. Drawings
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2. Though Volume 2 contains a Brief of the Project, the Detailed Project Report. As the Key Module of DPR can be uploaded online so that the interested Bidder can view on keralaports.abcprocure.com . Note: DPR is approved by the Government so no changes can be done related to subject matter. B. THE BIDDER The Bidder shall be an incorporated company or a consortium of Companies, eligible as per Indian Laws to invest in Indian Ports. The applicant shall submit the Bidders profile in the prescribed form as per ANNEXURE 2(A) & 2(B) as general information about their Capabilities. In case the Bidder is a Consortium then details of each of the Consortium Member shall be given in the same format along with a valid consortium agreement. In case the Bidder is a Special Purpose Company formed for this project then the bidder shall provide information of the profile and other details sought of their Promoters, Investors and shareholders upon whose experiences and expertise the bidder banks on.
C. EVALUATION AND SELECTION Evaluation process aims at selecting such developers who have the ability to execute the project, solving all challenges and local issues, operate and maintain the project efficiently to provide reliable port facilities without any adverse impact on the environment and ensuring sustainability. GoK will ensure selection of only such parties who have total commitment to the project and demonstrated ability to execute. The total evaluation is based on the parameters prescribed below and separately given in Annexure 10 proforma. The bidders are informed to provide required subjective and fall comprehensive information of each Para mentioned below along with the required quantitative information in the respective Annexures with clear title and serial numbering for every evaluation.
Technical Capability Experience and Expertise

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Experiences / expertise of the Bidder in Port Development through Privatisation Projects and Port Operation shall be submitted in form of statement as mentioned in ANNEXURE 3. Documents supporting experience in constructing such
infrastructure facilities should be Uploaded Online.
Availability of expertise
through personnel having skills in Maritime Operations, Qualified Manpower experience, dredging, construction of ports , cargo handling etc. will be given due weightage. The details shall be submitted as per ANNEXURE 4. In case of bidder is submitting bid as a group of companies than the information is to be provided for each group of companies individually
Financial Capability Financial capability is critical to the implementation of the project within the prescribed time frame. This parameter evaluates the capability of the proposed developer to successfully raise financing for the project within a stipulated time frame. Financial capability is just, based on demonstrated resources raising ability in the past, financial flexibility and the current size. The details shall be submitted as per the statement attached as ANNEXURE 5. In case the Bidder plans the association of a Fund associate / banker for raising finance then details of the Funders Capability along with written confirmation of the Funders association shall be enclosed detailing the projects funded and their Balance Sheet for the last three years. In addition to this, the bidder shall also submit his Balance Sheets and accounts of the last 3 years. Proposals will be judged on the basis of the information furnished for the above parameters in support of the financial standing and their ability to finance this project. Applicant is free to submit any other details to demonstrate his strength regarding the financial capability. In case of bidder is submitting bid as a group of companies than the information is to be provided for each group of companies individually Managerial Capability
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The bidder will prepare and submit a detailed PERT chart listing all the activities from the beginning during the project execution till completing with dates and how risks at each stage will be solved and addressed by the bidder. Also a list of project execution and operational personnel and list of machinery/equipments with numbers/make etc. Which will be mobilized for project execution and later port operations. D BID PREPARATION Though a brief of the project is provided in Volume 2 of this bid document, further review of the complete Detailed Project Report as approved by GoK will be made available to the bidders online on keralaports.abcprocure.com The bidders may visit the port site on their own. They may contact the Port conservators office at Ponnani for site level information during working hours with two days prior information over phone no. 91-494 2666058 C. SUBMISSION All submitted bids should consist of - 1) Bid Security; 2) Capability Statement and 3) Commercial Offer; as described in the Table above and will be received up to the specified time (13.30 hrs) on or before the last date of submission i.e 15th September 2010. Bid cannot be submitted after mentioned date and time (message will be prompted as Bid Submission Time Over). In case of any change in the date of bid submission, GoK will intimate new date and time (Corrigendum or Amendment if any will be floated Online). Envelope 1 will contain Bid Security of Rs 25.00 Lacs (Rupees Twenty Five Lacs) in the form of a Bank Guarantee / Demand Draft in favor of GoK and should be valid for a period not less than one hundred and eighty (180) days. The demand draft shall be drawn in favor of Director of Ports from any scheduled bank payable at Thiruvananthapuram. If it is a bank guarantee it must in the format attached at Annexure 6. Envelope -2 - Capability Statement, shall contain the capability Statements of the bidder as explained in Para B above and all other annexures and additional
supporting documents, if any, referred herein this volume. Bidders should ensure that they Upload all the supporting documents and Annexures as specified in Bid document (except if provided otherwise) in this envelope in the format as provided. The envelope marked Envelope 3 Commercial offer should only contain the Commercial offer , ie the percentage of Revenue that the bidder proposes to pay to GoK, in the format as shown in Annexure 8. The bidders are strictly instructed to follow the format and not to mention anything else other than as shown in the format for Commercial offer. Any deviance from the format will result in rejection of the Bid. Online Bid Submission can be done on or before (time & Date) (15 Days from closing date of sale/downloading of Bid Document). Address: Director of Ports, Thiruvananthapuram.
D. BID OPENING & EVALUATION The bids will be opened in two stages. The procedure for the opening of bids shall be in accordance with the Schedules & Details Table above. The bid opening date and time for stage 1 is as mentioned above. Envelope 1 Bid Security, will be opened first. If it is found that any bidder has not furnished the Bid Security at all or the furnished bid security is not as per the terms of Submission then their bid will be rejected and will not be considered for further evaluation in the tender process. No excuses or reasons will be entertained for not submitting the Bid security in the prescribed manner. Envelope 2 Capability Statement of the bidders whose Bid Security are found to be in order, will be opened and taken up for further evaluation and scrutiny.
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After evaluation of the capability statement an invitation for Commercial Opening date ( if different from the date shown above) will be intimated only to those Bidders chosen by the bid evaluation committee
Invitation will not be sent to those bidders who are not chosen by GoK upon evaluation of Capability Statement.
It is clarified that GoK will not provide any reasons whatsoever for not choosing any bidder.
On the Commercial Bid opening date the bidder quoting the Highest percentage of Revenue to be paid to GoK from the date of Operation of the Port shall be declared the Best
E. Notice to Project Proponent under Swiss Challenge Method There upon and within 3 days the GoK shall inform the Project Proponent M/s Malabar Ports Pvt Ltd of the Percentage of Revenue quoted by the best bidder and shall seek the acceptance of the same rate by Malabar Port Pvt Ltd within 7 days of the date/price bid opening. F. Award of Project: Upon Acceptance by Malabar Port pvt Ltd of the rate offered by the best bidder, the GoK shall issue the Letter of Award (LOA) to Malabar Port for project implementation In case Malabar Port declines or does not accept the rate offered by the best bidder, thereupon the GoK shall issue the LOA to the Best Bidder. In this instance the Best Bidder shall pay within 30 days the compensation amount of Rs 10 lakhs to M/s Malabar Port Pvt Ltd as per Clause 5 at Part I of this Bid Document. If the best bidder, in any case declines to accept the Letter of Award and execute the agreement within 30 days , the offer will go automatically to the 2nd best offer bidder without any further notice.
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G. Concession Agreement signing After issue of LOA, the awardee and the GoK shall finalise and sign the Concession Agreement for the project within 20 days of the issue of LOA. Performance Guarantee of Rs 10 (ten) Million should be submitted within 20 days of LOA before signing of the Concession Agreement.
GENERAL INFORMATION & INSTRUCTION TO BIDDERS GENERAL INFORMATION The selected bidder shall develop, finance, construct and operate a port at Ponnani on Build-Operate-Transfer (BOT) basis. 1. Scope of Project The Detailed Project report prepared by the Project proponent has already been approved by the GoK and the Port shall be developed only along the lines proposed in the DPR. The project Capacities and Investments shall never be lesser than those proposed in the DPR. The Major milestones that shall be achieved are: o Financial closure within 12 months of Concession Agreement signing o Construction Completion within 36 months of Financial Closure
2. GoK Prohibition against Collusion with other Prospective Bidders Each Bidder shall warrant by its Bid that the contents of its Bid received by the system at independently. 3. Inducement Any effort by a Bidder to influence processing of Bids or award of decision by GoK or any officer, agent or advisor thereof may result in the rejection of such Bidder's bid. In such a rejection of Bid, the Bidders shall lose its Bid Security.
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4. Compensation to original Proponent The Bidder who has the winning bid and in case M/s MPPL does not match its bid, then the winning bidder shall be responsible to pay Rs 10 lakhs to M/s Malabar Port Pvt Ltd as compensation for all the ideas, costs and work associated with the preparation of DPR and all other efforts of MPPL. 5. Communication Between Bidders and GoK a. All communication, unless specified otherwise, regarding these Bid document to GoK shall be addressed to Director of Ports 5th floor, New Corporation building Palayam, M.G.Road Thiruvananthapuram, Kerala (INDIA) Pin:695033, e-mail : portsdir@asianetindia.com, Fax:91-471 2324533 b. Bidders shall submit the name and address of authorized person to be contacted for future communication as per Annexure 7 6. Project Inspection It would be deemed that prior to submission of the Bid, the Bidder has i. made a complete and careful examination of requirements, and other information set forth in these BID documents; examined all the
relevant information as it has received from GoK in respect of this project; ii. made a complete and careful examination to determine the difficulties and matters incidental to the performance of its obligations , including, but not limited to the Site, condition of port site
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conditions construction
affecting
transportation
during
the
period
of
applicable Laws and applicable Permits, meteorological conditions based on previous weather data, requirements to get clearances from various authorities, all other matters that might affect the Concessionaire's performance under the Concession Agreement,
iii.
Determined to Bidder's satisfaction the nature and extent of all difficulties and hazards and risks.
iv.
GoK does not accept any responsibility or liability for any errors, omissions, inaccuracies or errors of judgment with respect to information of materials provided by GoK in these Bid documents or otherwise, in respect of the Site or its surroundings. Although such information and materials are accurate to the best knowledge, their verification is the sole responsibility of the Bidder. The Commercial Bid made, cannot be changed or revised, at any point of time in future, under no circumstances including on the basis of variations of Data / DPR plans / designs etc, from those given to the bidder along with this bid.
v.
The qualified Applicant or any of its authorized representatives will be granted permission to visit the Site by the concerned Department or his authorized nominee, on receipt of a formal request in advance. However, the permission would be subject to the express condition that the Prospective Bidder will indemnify GoK or its agent from and against all liability in respect of and will be responsible for physical injury, loss of or damage to property and any other loss, costs and expenses however caused in carrying out such visit.
7. Right to accept any Bid and to reject any or all Bids

Notwithstanding anything contained in this Bid, GoK reserves the right to accept or reject any Bid and the bidding process and reject all Bids, at any time prior to issuance of LOA without incurring any liability to the rejected Bidders or any obligation to inform the affected Bidders of the grounds for rejection. Any bid assessed by GOK to be impractical or impossible to perform shall also be rejected by GOK.
8. Interpretation of Documents a. GoK will have the sole discretion in relation to the interpretation of this Bid, the Bids and any documentation provided in support of the Bids; and all decisions in relation to the evaluation and ranking of Bids, whether or not to require any clarifications or additional information from a prospective Applicant in relation to its Bid and the selection of the prospective Bidders. b. GoK will have no obligation to explain its interpretation of this Bid, the Bids or their supporting documentation and information or to explain the evaluation process, ranking process or the selection of the Bidders.
9. Enquiry Concerning the Bid a. Interested Bidder can upload their supporting Document online on keralaports.abcprocure.com .
10. Amendment of Bid a. .(Addendum will be uploaded online so that the Bidder can view the same. ) b. At any time prior to the deadline for submission of Bids, GoK may, for any reason, whether at its own initiative or in response to clarifications requested by a Prospective Bidder, modify the Online Bid by the issuance of an "Addendum".
c. The Addendum will be uploaded online for all the Applicants, and will be binding upon them. Each such Addendum shall become part of the Bid documents. Prospective Bidder shall promptly peruse and act accordingly. d. In order to afford prospective Bidders a reasonable time in which to take an Addendum into account in preparing their Bids, or for any other reason, GoK may, at its discretion, extend the Bid due date, if needed which also will be notified online only in the bid site .
11. Changes to Prospective Bidders a. Acceptance of any other change in the Consortium would be at the sole discretion of GoK and shall be considered only in case GoK feels that such a change in membership of the prospective Bidder would not weaken the capability of the original prospective Bidder to implement this project. b. Bid submitted by a Consortium must upload Consortium agreement among all the members of that Consortium, which describes the responsibilities and equity commitments of all the members in the Consortium. The uploaded agreement will clearly specify that the Consortium will form a Special Purpose Company together as per the terms of the Consortium Agreement and this will be a condition precedent to the signing of the Concession Agreement. In case more than one company of a group is envisaged to provide equity for the project, each of these companies must be identified as separate Members of the Consortium. The authority of the Leader to act on behalf of the Consortium shall be evidenced by a power of attorney signed by the legally authorized signatories of all the Consortium Members. The Leader shall be authorized to perform all tasks, including but not limited to, providing information, responding to inquiries and entering into contractual commitments on behalf of the Company or the Consortium as the case may be. The format of such power of attorney is provided in Annexure 9 (Form 2) of the Bid documents.
c. The Bid must designate one or more person(s) {"Designated Person(s)"}, restricted to a maximum of two, to represent the Bidder in its dealings with GoK who may choose to be present at the time of bid opening also. The format for power of attorney to persons representing bidder has been provided in Annexure 9 (Form 3) of the Bid documents. Unless
specifically advised to the contrary, GoK will assume that the Designated Person(s) is (are) authorized to make an enquiry provide replies and enter into contractual commitments on behalf of the Company or the Consortium as the case may be. d. Each Member of the consortium shall upload a letter of commitment (on its company's letterhead) with the Bid. The required format of such letter is provided at Annexure 9 (Form 4) of the Bid documents. e. Each Consortium Member must accept joint and several liabilities for the obligations of the Consortium as a whole during the Bid Validity Period. All Bids shall indicate the full legal name of each Consortium Member so that they shall be bound by the terms of the Bid and any resulting contract with GoK. f. Each Bidder shall, on its initiative, promptly update and supplement information provided at any stage in the event of any material change, which may affect its technical, financial or legal status. The Bidders shall also include all pertinent information that may affect the performance of the responsibilities of any Consortium Member, such as ongoing litigation, financial distress, or any other such matter. g. After execution of the Concession Agreement, the Consortium Members shall contribute and maintain their equity holding in the Concessionaire as per the provisions of the Consortium Agreement.
BIDDING INSTRUCTION
a) Bid Validity Period
i.
Each Bid shall indicate that it is a firm Bid and that the Bid will remain valid for a period not less than one hundred and fifty (150) days from the date of opening of bid. GoK may request one or more extensions of the Bid Validity Period for period till the signing of the Concession Agreement. To make such request GoK shall notify the Bidder at least seven (7) days prior to expiration of the Bid Validity Period.
ii.
The Bid Validity Period of the successful Bidder shall be automatically extended till the date on which the concession Agreement is signed (in case the Best Bidder is the proposed developer) and the Bid Security is replaced by a Security Deposit of Rs 10(ten) millions as referred in clause 7 of Part I of this Bid Document. In case the proponent secures the project, then the Bid Security will be released to the Best Bidder with 60 (sixty) days of issue of LOA.
iii.
When an extension of the Bid Validity Period is requested, Bidders shall not be permitted to change the terms and conditions of their Bids.
b) Submission of Bid document i. GoK requires that Bids responding to this solicitation be submitted to GoK latest by 15th September 2010 (i.e. Bid Due Date) in the manner and form as detailed in the Bid. The Bid shall be submitted at the web address. online only. Address: Bid submitted by either facsimile transmission or hand delivery or telex or Email will not be acceptable. Any Bid received after the Bid due Date and time will not be accepted by the system. ii. GoK may, in its absolute discretion and prior to the Bid Due Date stated in above clause, extend the deadline for submission of the Bids. Notice of any
extension
of
the
Bid
Due
Date
will
be
uploaded
on
keralaports.abcprocure.com
c) Changes/Withdrawal of Bid i. Any change to the submitted Bid must be received online by the Bid Due Date. Any change in the Bid terms will not be permitted after the Bid Due Date and time. ii. Any Bidder may withdraw its Bid on or prior to the Bid Due Date for opening without forfeiting its Bid Security. Withdrawal by Bidder of its Bid after the Bid Due Date shall entitle the GoK to forfeit its Bid Security.
d) Language The Bid and all related correspondence and documents shall be written in the English language. Supporting documents and printed literature furnished by Bidder with the Bid may be in any other language provided that they are accompanied by an appropriate translation of the relevant sections in the English language. Supporting materials that are not translated into English will not be considered. For the purpose of interpretation and evaluation of the Bid, the English language Translation shall prevail.
e) Format and Signing of Bid i. ii. iii. Bidder has to simply fill the data as required in the Bidding Form. As Bidder can add the table as needed to provide more details if required. All supporting documents needs to be uploaded without fail.
f) Sealing and Marking of Bids i. Bidder has to simply fill the forms and upload necessary documents as the envelops has already been created. Envelope I: Bid Security
27
ii.
Envelope II: Envelope III:
Capabilty Statement & Other Supporting Documents Commercial Offer
As all the procedure will de done online, Bidder dont have to categorise the documents into different envelops.
iii.
System will not allow to submit the Bid after the mentioned Date and Time of Last Submission
iv.
As in the online procedure Bidder dont have to seal the envelop, the Price Bid Data will be encrypted by the Digital Certificate of the Bidder g) Bid Opening i. Bid Opening will be done on the specified date and time and the data can be shared with the Bidders. ii. The following information will be announced at the Bid Opening and recorded : Bidders Names Names of Consortium Members: iii. After the Bid Opening, information relating to the examination, clarification and evaluation of Bids and recommendations concerning the Bid Award shall not be disclosed except the best offer percentage.
h) Bid Security i. The Bidder shall submit a Bid Security for an amount of Rs 25 Lacs (twenty Five Lacs Only) along with its Bid. ii. iii. The Bid Security shall be in the form of any of the following: A Bank Guarantee issued by a scheduled Bank in favour of Director of Ports,Thiruvananthapuram, Kerala in the format given at Annexure 6 or a Demand Draft in favour of Director of Ports payable at
Thiruvananthapuram, Kerala.
iv.
The Bid Security shall be valid for a minimum period of one hundred and eighty (180) days beyond the Bid validity Period. Upon any extension of the Bid Validity period, the validity of the Bid Security shall be extended by a corresponding period.
v.
The Bid Security of the other Bidder will be returned within a period of sixty (60) days from the date of LOA issued to the successful Bidder.
vi.
The Bid Security of the successful Bidder shall be released on receipt of Security Deposit from the successful Bidder as mentioned in Clause 7 of Part I above and in accordance with the provisions of the LOA issued to the Proposed Bidder.
vii. viii.
GoK shall reject the bid, which does not include the Bid Security. If the Bidders are not qualified in technical evaluation further procedure will not be done. (Price Bid)
ix.
In addition to the above, GoK will promptly release all Bid Securities in the event GoK decides to terminate the bidding proceedings or abandon the Project.
x.
The Bid Security shall be forfeited by GoK in the following cases: a. The Bidder withdraws his bid, once submitted and before final decision by GoK; b. In the case of a Successful Bidder, if the Bidder fails to accept LOA and/or furnish the required Performance Security within time specified in the LOA
i) Sources of Funds a. The finances required for the project has to be arranged by the Bidder. The Bidder will have to follow the Reserve Bank of India / SEBI Regulations for raising finance. In case of foreign investment, the Exchange Control Regulations and Laws will be applicable.
b. The Bidder is required to submit detailed arrangements for raising of funds for the proposed project, if any tied up.
30
ANNEXURES
31
ANNEXURE 1 FORMAT OF COVERING LETTER (Bidder has to upload this document)

[The covering letter is to be submitted by the Applicant Company or the Lead Developer of a Consortium along with the proposal on their letter Head online.] Date: Place: To Director of Ports . .. SUB : Submission of Bid Document for the development of Ponnani Port
Dear Sir, Please find enclosed our bid for development of port at Ponnani of Kerala, India, in response to the bid document issued by the Govt. of Kerala on_______________. We hereby confirm the following: (1) The bid document for development Ponnani port is being submitted by _____________________ (name of Applicant Company/Lead Developer) who is the Applicant/Lead Developer of the Consortium comprising ___________________(mention the names of corporate entities who are the Member Companies), in accordance with the conditions stipulated in the GoK document. (2) We_________________________________ (name of the Applicant Company/Lead Developer), as the Applicant Company/Lead Developer, would be responsible for tying up the entire financing required for the project. (3) We have examined in detail and have understood, and abide by, all the terms and conditions stipulated in the document issued by GoK and in any subsequent communication sent by GoK. Our proposal is consistent with all requirement of submission as stated in the document or in any of the subsequent communication from GoK. (4) We confirm that, as stated in the terms of the Bid Document, if we are selected as the best bidder and the Original Proponent of this Swiss Challenge Tender, does not match our bid to take the project forward, then we shall pay without demur an amount of Rs.10 lakhs to M/s Malabar Port Pvt Ltd as Compensation Amount prior to our signing the Concession Agreement.
(5) (Required only in case of a Consortium) Our proposal includes Letters of Acceptance, consistent with the format as specified in the document from all the Member Companies. (6) The information submitted in our proposal is complete, is strictly as per the requirements as stipulated in GoK document, and is correct to the best of our knowledge and understanding. We would be solely responsible for any errors or omissions in our proposal. (7) The Applicant Company/Consortium, of which we are the Lead Developer, satisfies the legal requirement and meets all the eligibility criteria laid down in GoK document. (8) We, as the Applicant Company/Lead Developer, designate Mr./Mrs.________________ (mention name, designation, contact address, phone number, fax number, etc.,) as our representative who is authorized to perform all tasks including, but not limited to provide the information, responding to enquiries entering into contractual commitment on behalf of the applicant, etc., in respect of the project.
For and on behalf of Signature
: :
Name of the person Designation Mobile No. of the person Fax No. e-mail id
: : : : : (Authorized Signatory)
33
34
Annexure 2 (A) Applicant Profile

Name of company / consortium led by: Address: Phone: Fax: Email: Name of Contact Person Designation Mobile No. Status: (Local/Foreign) Date of Registration: State of Registration: Name of the Bankers: Name of Directors:
1. 2. 3. 4. 5.
Share holding structure: State Name & Origin Local
1. ______________ Percentage ___ % 2. ______________ Percentage ___ % 3. ______________ Percentage ___ % Foreign 1. ______________ Percentage ___ % 2. ______________ Percentage ___ % 3. ______________ Percentage ___ % Total Local content Percentage: __________% Total Foreign content Percentage: __________% Address of Branches in India 1. 2. 3. State Country/ Origin Foreign Participation involved in the following areas Description Origin Role (i) Consortium members (ii) Technical Partners (iii) Port Operator (iv) Construction companies a. Civil b. Structural (v) Mechanical Systems (vi) Contract Suppliers (vii) Stevedores
(viii) Shipping (ix) Shipping (x) Manufacturing/Trading company for captive cargo
36
Annexure 2 (B) Financial Statements (Bidder has to fill the Form Online)
Balance Sheet Rs. Mn Particulars 31st March 2007 31st 31st Following March March year 2008 2009 Projection
NET WORTH 1. Share Capital (Paid Up) 2. General Reserve 3. Other Reserve (excluding provisions) 4.Profit & Loss A/c (Profit(+)/loss(-) (A) Net worth TERM LIABILITIES 5. Debentures 6 Term Loans (more than one year) a. Bank b.Financial Insitution c. From Foreign Bank / Institution 7. Term Deposits Mezanine Capital 8. Other term liabilities Deffered Tax Liability (B) Total term Liabilities CURRENT LIABILITIES 9. Short term borrowing from a Bank b.Financial Insitution c.Foreign Bank / Institution d. Others 10. Sundry Creditors (Trade) 11 Provision for taxation 12 Dividend Payable 13 Other Statutory Liabilities 14 Other Current Liabilities (Specify Major Items) ( C) Current Liabilities TOTAL LIABILITIES FIXED ASSETS
15 Gross block 16 Depreciation To date 17 Net Block Capital Work in Progress (D) Total Fixed Assts CURRENT ASSETS 18 Cash & Bank balances 19 Investments (other than long term) a. Govt. Securities b. Other (Specify Major Items) 20 Inventories a. Raw Materials b. Stock in process c. Finished Goods d. Other Consumable 21 Advance payment of taxes 22. Other Current Assets (Specify major items) (E) Total Current Assets OTHER ASSETS 23. Investments (long term) a. Govt. Securities b.Others (Specify major items) 24. Intangible Assets (Patents, goodwill, prelim exp.etc) (F) Total other Assets TOTAL ASSETS (D+E+F) ADDITIONAL INFORMATION (A) Arrears of Depreciation (B) Contingent Liabilities
38
Annexure 3 EXPERIENCE AND OPERATIONAL PARAMETERS

The Applicant should provide details of experience / expertise in Last 5 (Five) years in various fields as mentioned below in the following format. 1. 2. 3. 4. 5. 6. 7. Experience in Development of Port Infrastructures. Experience in shipping Experience in Export & Import Business Experience in Operation & Maintenance of port Experience in stevedoring Activities Experience in Development of Port on BOT/BOOT/BOLT/BOM Basis Experience in other infrastructure Projects. Year Total Remarks Total Investment Years of Experience To
No. Experience Nature of Location/ site Activities/P of project/ roject activities
From
39
Annexure 4 (a) Details of Technical and Managerial Personnel

No. Name & Designation Qualification Nationality & Address Age Experience Details & Special Achievement Functional Duties at the unit
Existing
Proposed
Annexure- 4 (b) Details of equipments/machinery to be deployed for construction and operation of the port
Name of equipment or machinery
Make
Capacity
Number
Proposed use
Annexure 4 (c) Please provide a PERT/ CPM chart (may be uploaded through scanning)
40
Annexure 5 Evaluation of Financial Capability

This section specifies information to be provided by the applicant to be considered for qualification and only such entities would be considered for evaluation: [A] Experience in Raising Project Finance
Information should be provided only in respect of the project finance raised in the last five years [a] Project Finance raised from foreign financial institutions/banks or international capital market: Name & place of Fin. Inst./Bank Terms & Nature of Debt Finance raised Quantum Debt to of debt equity ratio Details of equity participation
Brief description of No. project
[B]
Experience in Raising Balance Sheet Finance

Name & place of Fin. Inst./Bank Terms & Nature Quantum of Debt Finance of debt raised Debt to equity ratio Details of equity participation
No. Brie f description of project
(a)
Experience in raising debt 1) Project finance raised from Foreign Financial Institutions/ Banks or International Capital market:
Terms & Name & place of Nature of Debt Source of No. Fin. Inst. / Bank Finance raised Debt Date
Outstanding Quantum of Rating, if Debt any
2) Project finance raised from Indian Financial Institutions / Bank: Terms & Name & place of Nature of Debt Source of Date No. Fin. Inst. / Bank Finance raised Debt Outstanding Quantum of Rating, if Debt any
b)
Experience in raising Equity:

41
No
Nature of Instruments, details regarding premium at Size of which it was raised etc issue
Amount Subscribed
c)
Financial resources in Project of all weather direct berthing deep water modern port at site Consortium / Financial Institutions / Banks Total Investment
No
Promoter funding
Remarks
d)
Financial resources in other infrastructure projects: Promoter funding Remarks
Consortium / Financial Institutions / Total No Banks Investment
Note: 1. All details may be provided for each of the consortium / financial institution / bank of on-going projects / existing and proposed project to be implemented. Promoters funding must indicate the amount already invested and the additional fund required, separately
42
ANNEXURE 6 FORM OF BID SECURITY (BANK GUARANTEE) (Need to Upload )

(To be issued by a scheduled Bank in India as defined in the Concession Agreement) From . (Name and Address of Bank/Financial Institution) To: Director of Ports, Governement of Kerala 1. (Name of relevant prospective Bidder) (Prospective Bidder) has in response to a Request for proposal (RFP) issued by Government of Kerala (GoK) submitted a Bid dated (date to be inserted) 2010 (the Bid) for it to procure an Agency (the "Concessionaire") to implement the work of Development of Ponnani Port on BOT Basis (the Project). 2. .. (Name of Bank/Financial Institution) with its registered office at .. , unconditionally guarantees to pay GoK upon first receipt of the written demand and without deduction the sum of Rs. 25,00,000 (Rupees Twenty Five Lacs) (Guaranteed Sum) subject to the conditions set out below. 3. (Bank/Financial Institution) undertakes to immediately pay GoK the Guaranteed Sum upon receipt of the first written demand by GoK without GoK having to substantiate its demand, provided that the demand states that the amount demanded is due as a result of the occurrence of one or more of the conditions referred to in clause 4 below. 4. (Bank/Financial Institution) will be liable to immediately pay the Guaranteed Sum without deduction to GoK if GoK notifies us in writing that: a) b) c) The Bidder withdraws his bid after the date of bid submission. The Payment of Guaranteed Sum is as provided in the Bid documents. In the case of a successful Bidder, if the Bidder fails to accept LOA and/or fails to submit the required Security Deposit within the specified time
5.
This guarantee will remain in force until the later of:

43
a) The expiry of the Bid Validity Period of the Bid as stated in the Bid, plus another 180 days including any extension of that Bid Validity Period.; b) GoK agrees, in its sole discretion, in writing to release (Bank/Financial Institution) from our obligations under this guarantee. 6. GoK is entitled to make any demand under this guarantee not later than the day this guarantee ceases to remain in force in accordance with clause 5. 7. GoK is under no obligation to notify (Bank/Financial Institution) of any extension of the Validity period of the Bid or the selection of the Prospective Bidder as one of the successful Bidder. 8. (Bank/Financial Institution) agrees that it will not assign its obligations under this guarantee without the prior written consent of GoK. GoK will not unreasonably withhold its consent if the proposed assignee is of at least equal financial standing to (Bank/Financial Institution) and the assignee assumes in writing the obligations of (Bank/Financial Institution) under this guarantee at the same time or before the assignment.
SEAL OF (BANK/FINANCIAL INSTITUTION) NAME OF (BANK/FINANCIAL INSTITUTION) SIGNATURE . NAME. TITLE DATE..
44
ANNEXURE 7
NAME AND ADRESS OF BIDDERS
1. 2. 3. Name of Bidder Name of Authorized Person Address : : 1) 2) :
4. 5. 6.
Telephone Number Fax No. Mobile No.
: : : 1) : 2) :
7.
E-mail Address
45
ANNEXURE 8 COMMERCIAL OFFER

Required Percentage of Revenue Share with GoK from 1st Year of Operation of the Port
Percentage of Revenue Sharing
Notwithstanding any other provisions to be agreed upon, the Percentage of Revenue Shared with Government of Kerala shall be _________ %. (in words) per year
Note:
________________________ Authorized Signature
46
APPENDIX 9 (Form 1)
This may be emailed at least 7 days in advance of the date of the conference.(attendance is not compulsory)
ATTENDANCE AT THE PRE-BID CONFERENCE

1. GoK proposes to hold a Pre-Bid conference at 11.00 Hrs on 30th August 2010. 2. The undersigned hereby confirms that the Prospective Bidder will or will not attend. (Please tick in appropriately) 3. The number of representatives expected to attend Pre-Bid Conference is 4. The names(s) of person(s) likely to attend/represent the Prospective Bidder are as follows: 1. . 2. . (Not more than two individuals from each Prospective Applicant) 5. The undersigned hereby acknowledges that he/she understands that if the Prospective Bidder does not attend the Pre-Bid Conference, GoK is not obligated to respond to queries from the Prospective Bidder after the date of the Pre-Bid Conference. Note: letter or telefax should return alongwith this form with the original signature to the address for Communication given in the Bid. .. Name of the Prospective Bidder Signature of the Designated Person .. Name of the Designated Person .. Date of Receipt of Bid documents :
47
[THIS FORM MAY BE SUBMITTED LATER SO AS TO REACH THE OFFICE OF THE DIRECTOR OF PORTS TWO DAYS PRIOR TO PRE-BID MEETING]
48
Annexure 9 (Form 2) POWER OF ATTORNEY

(Power of Attorney to be provided by each Consortium Member in favour of Team Leader) To Whomsoever It May Concern WHEREAS we have decided to participate in the bidding proceedings for the work of Development of Ponnani port on BOT basis (the "Project") as a Member of Consortium, i.e.__________ (name of Consortium), we, (name of the authorizing company), a company incorporated under the laws of .,the registered address of which is . ., to lawfully represent and act on our behalf as the Team Leader of the consortium to sign any bid, conduct negotiations, sign contracts, incur liabilities and receive instructions for us and on our behalf and execute all other necessary matters in connection with the Project. We hereby confirm that we are jointly and severally liable, together with the other members of the consortium, to GoK for all of the obligations of the consortium in respect of our Bid for the Project, in accordance with this Bid for the Project issued on ___________ and as amended prior to the date hereof.
IN WITNESS WHEREOF, we have hereunto set our respective hands this ______Day of ________. SEALED HEREIN .. Name of the Authorised Person Name of the Authorised Person .. Name of the Consortium Member Note: Please provide the original on stamp paper.
49
Annexure 9 (Form 3) POWER OF ATTORNEY

(Power of Attorney by the prospective Bidder (Leader in case of Consortium)in favour of Designated Person(s) (a maximum of two individuals).) Dated : _________ To Whomsoever It May Concern Shri (Name of the Person(s), domiciled at .. (Address), acting as .. (Designation and name of the firm), and whose signature is attested below, is hereby authorised on behalf of (Name of the Bidder) to negotiate and settle terms and conditions, finalise, approve, sign and execute Agreements, Documents, Endorsements, Writings etc. as may be required by GoK or any governmental authority for the work of Development of Ponnani port on BOT basis" and is hereby further authorised to sign and file relevant documents in respect of the above.
(Attested signature of Shri.) .. Name of the Designated Person Signature of the authorised Person . Name of the Prospective Bidder/Leader
Note: Please provide the original on stamp paper.
50
Annexure 9 (Form 4) Form of Letter of Commitment

(To be submitted by each Prospective Bidder (or in the case of a Consortium, by each Consortium Member) proposing to provide support to the Project.
(On Prospective Bidder's or Concretion Member's Letterhead) From: . (Name and Address of prospective Bidder or Consortium Member) To: Director of Ports Thiruvananthapuram, Kerala, India. . (Name of relevant prospective Bidder/Consortium name) (Prospective Bidder) in response to Bid Document issued by Government of Kerala (GoK) will submit a Bid dated (date to be inserted) (the Bid) to implement the Development of Ponnani Port on BOT basis. Our role in this consortium shall be in accordance with the consortium/joint development agreement and we are jointly and severally liable for the development of this project. We hereby further confirm that on submission of the bid document, no roles and responsibilities as mentioned in the consortium/joint development agreement shall be modified or dropped without prior approval of GoK. NAME (PROSPECTIVE BIDDER OR MEMBER OF CONSORTIUM)
. SIGNATURE. NAME TITLE. DATE.
51
Annexure 10
EVALUATION CRITERIA FOR TECHNICAL QUALIFICATION OF BIDDERS (Please read fully the notes given at the end of this proforma before filling and submitting on line) Name of work: DEVELOPMENT OF PONNANI PORT UNDER PPP NAME AND ADDRESS OF TENDERER: .
S.No 1 A
PARAMETERS Whether participated in development/developed at least 2 projects that aggregate to a total capital cost of minimum 200 crore in financial terms within last 5 years immediately preceding the due date of bid submission in following field Ports/sea River based harbours Whether participated in development/developed at least 2 projects that aggregates to a total capital cost of minimum 200 crore in financial terms within last 5 years immediately preceding the due date of bid submission in cargo / container terminal at port / jetty B
YES
NO
Specific details/ location
whether developed at least three projects that aggregates to a total capital cost of minimum Rs.350 crore in financial terms within last 5 financial years immediately preceding the due date of submission in any of the following or a combination of the following
A Logistic facilities B Inland Container Depot / Container Freight Station C Truck Terminal D Integrated Freight Complex E Air Cargo Complex F Railway Station/Terminal / Sidings G Airport Terminal H Warehouses of all types I Roads / Expressways
J Bridges K Bus Terminal L Industrial Parks
52
M Power Projects N Water supply / Sanitation projects O Pipelines Whether operating / managing any of the project given in S.No.2 continuously for a period of minimum 3 years in last 7 years immediately preceding the due date of bid submission in India or abroad
Whether having experience in handling cargo / freight of any type for a minimum period of 3 years in India the last 7 years immediately preceding the due date of bid submission in India. Whether you have send through courier the DD for Rs. 26000/- as cost of Tender form separately Mention DD number and date in the last column.
Whether you have appointed a competent project leader for this Project Whether full Technical Bid elements and Price Bid in full particulars have been submitted separately in the eTender mode as required Whether Tenderer has sent through courier DD for EMD of Rs.25 Lakhs so as to receive on or before13.00 hrs on.2010 Mention DD number and date. Whether Tenderer has sent the agreement in stamp paper to accompany the tender through courier so as to receive at Directorate of Ports on or before13.00 hrs on ..2010 Whether you have the Minimum average Annual Turnover of Rs.500 crore (or equivalent) in past three (3) FY ending 31st March 2008, 31st March 2009 and 31st March 2010. Whether you have the Minimum Net worth of Rupees 60 crore (or equivalent) as on 31st March 2010. Whether you have the Minimum Cash Accruals of Rupees 20 crore (or equivalent) in past 3 FY ending 31st March, 2008, 31st March, 2009 and 31st March 2010. If you are a Consortium, whether the Consortium as a whole or any one of the Members of the consortium meet the criteria, in full as per this proforma Annexure in serial number 1,2,3 and 4.
10
11
12
13
14
Whether the lead member of the Consortium satisfy at least half (i.e.50%) of the individual threshold limits stated above as per this proforma annexure in all
53

particulars. Whether the non-lead members of the Consortium satisfy at least 10% of the individual threshold limits stated in serial number 1,2,3and 4 Had the tenderer ever failed to complete a work awarded to him Had the Tendering company ever been declared bankrupt 17 18 Had the tendering company been denied tendering facility/ black listed ever by any government in India or public sector undertakings in India during the past three years Whether the tenderer has demonstrated through documented proof in the bid documentation (specify the documents) financial capability or capability to mobilise finance to execute the works and operate the port in full within time specified. Whether the tenderer has demonstrated through documented proof in the bid documentation the marketing and management capabilities to get thriving business for the port once completed. Whether a realistic / achievable/measurable PERT chart given a list of all required activities and action with dates for the project execution till completion is enclosed as part of bid documentation. Whether the tenderer has obtained security clearance from Government of India (in cases where security clearance is required) for participating and executing this project. Whether the tenderer has demonstrated capability to mobilise the required technical personnel and modern equipments/machinery for the construction and operation of the port in good quality and on time (Please provide as part of bid documentation the list of such technical personnel and machinery / equipments proposed to be deployed and the numbers, qualification/ make etc.) Whether the bidder in technically qualified in all aspects as per serial numbers 1 to 31and proof for each are included in the technical bid documentation with specific title and serial number of this proforma shown; for easy evaluation/scrutiny. Whether willing to pay Rs.10,00,000 (Ten lakhs) or more ( as fixed by the Government of Kerala ) to the Malabar Ports limited within 30 days of bid opening in case selected and if they are not matching the offer made by the selected tenderer ( please specify maximum amount which can be paid ) .
15
16
19
20
21
22
23
24 25
54
26
Whether the cargo handling rates proposed are equal or less than the prevailing rates at Kochi and Mangalore ports Whether the deviation from the master plan/project report if any is fully justified point wise and attached as an annexure 11 of bid documentation. Whether you are willing to accept the technical committee suggestions in Final DPR to be. Whether you are committed to bring the minimum agreed quantity of Cargo. Whether your design confirm / will confirm with the international standards with respect to wharfs, buildings etc. Whether your land, water and energy use policy is / will be in confirmation with the Government rules and regulations (local, state and national government rules)
27
28
29 30
31
Note 1 The past three years shall mean the past three financial years i.e.01/04/2007 to 31/03/2008,01/04/2008 to 31/03/2009. 01/04/2009 to 31/03/2010.
In the event of Bidders financial accounting years being different than what is mentioned here in above, the annual accounts of the immediate past financial accounting years of the Bidders as per their company practice shall be taken into consideration for the evaluation
The single currency for evaluation is Indian Rupee. The official selling price of Foreign Currency shall be the State Bank of India Bill Selling Rate of exchange as on the Tender opening Date. The Net-worth shall be paid-up capital plus free reserves. (Net worth= Subscribed & paid-up equity + Reserves Sum of (revaluation reserves + misc.expenditure + reserve not available for distribution to shareholders)
5 6 7 8
The Cash Accruals shall be Profit After Tax(PAT) plus Depreciation. In "1", atleast one Criteria should satisfy In "2", the Criteria to be satisfied in any of the project listed in that group As the BOT period is 30 years + 4 years for construction, the highest percentage of revenue share every year will be the selection criteria. For serial numbers 3 to 31, the replies should be yes for the tenderer to be qualified in the technical evaluation For serial numbers 1 and 2 any one of the alphabetical serial numbers should be yes for the tenderer to be qualified. Serial numbers 1 and 2 may be read with serial numbers 13,14 and 15 Tenderer means all and each of the firms in the consortium, in case of a consortium.
10 11
55

12 The bidder in advised to go through all parts of the bid documentation , guidelines and conditions before filling the proforma/submission of bids and all bidders are encouraged to submit their bids on line in the e-tender mode only much before the last date of bid submission to avoid any internet / communication travels. The Directorate of Ports will not be responsible for any inability of the bidder to submit fully the bids any part thereof well within the time specified for any classification. On the condition or e- tender method, the matter may be emailed and faxed to the Directorate of Ports on or before 10th September 2010. Email: portsdir@asinetindia.com. Fax No.04712324533. Any clarification/ guidance sought after the date may not be entertained.
13
The cargo rates / port fees etc. are expected to be less than the rates at kochi and Mangalore ports which are the two nearly major ports.
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Bid Document Development of Ponnani Port

DIRECTORATE OF PORTS FISHERIES & PORTS (E) DEPARTMENT

REQUEST FOR PROPOSAL

DEVELOPMENT OF GREENFIELD PORT AT PONNANI, MALAPPURAM DISTRICT, KERALA

Signed:___________________________ Name: Dr.Jacob Thomas

Designation: Director of Ports Government of Kerala Thiruvananthapuram Kerala

Bid Document Development of Ponnani Port

Bid Document Development of Ponnani Port

Bid Document Development of Ponnani Port

DIRECTOR OF PORTS FISHERIES & PORTS DEPARTMENT

Cost of Document Document Download Date Start Date Closing Date

Bid Document Development of Ponnani Port

Bid Document Development of Ponnani Port

BID DOCUMENTS TABLE OF CONTENTS

Project Concept Swiss Challenge Method

Part II Part III Part IV Part V

Information & Instructions to Bidders Annexures Brief Project Profile Drawings

Bid Document Development of Ponnani Port

Bid Document Development of Ponnani Port

Bid Document Development of Ponnani Port

Bid Document Development of Ponnani Port

Bid Document Development of Ponnani Port

vi. vii. viii.

Bid Document Development of Ponnani Port

15th September 13.30 Hrs Indian Standard Time.

Envelope 1 Bid Security

Envelope 2 Capability Statement

Bid Document Development of Ponnani Port

Envelope 3 Commercial Offer

Bid Document Development of Ponnani Port

Contact Detail of Service Provider

Bid Document Development of Ponnani Port

Technical Capability Experience and Expertise

Bid Document Development of Ponnani Port

infrastructure facilities should be Uploaded Online.

Bid Document Development of Ponnani Port

Bid Document Development of Ponnani Port

Bid Document Development of Ponnani Port

Bid Document Development of Ponnani Port

Bid Document Development of Ponnani Port

Bid Document Development of Ponnani Port

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

Bid Document Development of Ponnani Port

Bid Document Development of Ponnani Port

Bid Document Development of Ponnani Port

Bid Document Development of Ponnani Port

Bid Document Development of Ponnani Port

Bid Document Development of Ponnani Port

Envelope II: Envelope III:

Capabilty Statement & Other Supporting Documents Commercial Offer

Bid Document Development of Ponnani Port

Bid Document Development of Ponnani Port

Bid Document Development of Ponnani Port

Bid Document Development of Ponnani Port

ANNEXURE 1 FORMAT OF COVERING LETTER (Bidder has to upload this document)

Bid Document Development of Ponnani Port

For and on behalf of Signature

Bid Document Development of Ponnani Port

Bid Document Development of Ponnani Port

Annexure 2 (A) Applicant Profile

Share holding structure: State Name & Origin Local

Bid Document Development of Ponnani Port

Bid Document Development of Ponnani Port