A-06 AzhkPort FinalRFP-Vol I Annexure-A Formats

Development of Azhikkal Port with Private Sector Participation
August 2010 RFP Volume 1: Section 3 Formats for Submission
LIST OF ANNEXURES
All the submissions are grouped into three (3) stages: 1. Qualification Criteria related 2. Technical Bid related 3. Financial Bid related At the end of each group, there shall be a detailed checklist with completeness and authenticity checks, which need to be filled by the bidder online. The Bidder need to fill the data online in majority of the cases, except few documents which need to be submitted in paper format. The scan copies of the paper documents need to be submitted online (i.e. to be uploaded at the time of online submissions) within the online submission due date. The entire set of formats is provided in this section of the RFP with appropriate instructions for the particular formats which needs to be submitted in dual mode.
Stage 1- Qualification Criteria related

Annexure: 1 Acknowledgement of Receipt of RFP and Notification of Intent to Submit the Proposal (paper submission with scan copy through online submission) Clarifications, Anomalies and Ambiguities (paper submission with scan copy through online submission) Cover Letter [to be submitted by the Bidder as P1] (paper submission with scan copy through online submission) Details of Bidders [to be submitted by the Bidder as P2] Power of Attorney for Nomination of Lead Member of Consortium [to be submitted by the Bidder as P3] (paper submission with scan copy through online submission) Consortium Agreement to be entered into Amongst the Members of the Consortium [to be submitted by the Bidder as P4] (paper submission with scan copy through online submission) Legal Opinion that the Consortium Agreement is valid [to be submitted by the Bidder as P5] (paper submission with scan copy through online submission) Current Litigation Status [to be submitted by the Bidder as P6] Proposal Security [to be submitted by the Bidder as P7] Statement of Qualification Format [to be submitted in Cover-1 as Q] alongwith Supporting Documents Stage 1 submission and confirmation
Annexure: 2 Annexure: 3 Annexure: 4 Annexure: 5
Annexure: 6
Annexure: 7
Annexure: 8 Annexure: 9 Annexure: 10 Checklist 1
Directorate of Ports : Govt. of Kerala
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Stage 2:- Technical Bid related

Annexure: 10 Technical Evaluation Criteria Sheets 10 A: Strategy for Development and Management of the Project [to be submitted by the Bidder as T1]. 10 B: Strategy for Marketing of the Project and Similar experience of the Bidder in Marketing such Service, including cargo and vessel traffic projections [to be submitted by the Bidder as T2, T2(a), (b), (c), (d)]. 10 C: Similar Experience of Bidder in Developing and managing such Projects [to be submitted by the Bidder as T3(a), (b), (c)]. 10 D: Project Management capabilities of Bidder including Qualifications and competence of key staff for the Project [to be submitted by the Bidder as T4, T4(a), (b)]. Stage 2 submission confirmation and declaration
Checklist 2
Stage 3:- Financial Bid related

Annexure: 11 Financial Evaluation Criteria sheets 11 A: Revenue Share for Concessioning Authority [Evaluation Criteria 5.1, to be submitted by the Bidder as F1]. 11 B: Financing of Investment and Equity stake by Lead Member [to be submitted by the Bidder as F2]. Proposal Security [to be submitted by the Bidder as P7] Amendments sought to Draft License Agreement [to be submitted by the Bidder as P8] Performance Guarantee Format [to be signed and submitted on Proposal Due Date as token of acceptance towards completing and submitting in case the Bidder is chosen as Concessionaire]
Annexure: 12 Annexure: 13 Annexure: 14
Note: P Q T F stands for General Proposal Submission Forms (Annexure 1 to 3 and 5 to 7 are to be submitted as in dual mode). containing Qualification Proposal Forms will be submitted in a sealed cover (Q to be submitted as Cover -1 Statement of Qualification) stands for Technical Proposal Forms (T1 to T4 to be submitted as part of Stage 2 Technical Proposal). stands for Financial Proposal Forms (F1 to F2 to be submitted as part of Stage 3 Financial Proposal).
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Annexure 1 Acknowledgement of Receipt of RFP and Notification of Intent to Submit the Proposal
(to be printed on Bidders letter head & scanned copy to be uploaded at the time of online submission) Directorate of Ports 5th Floor, New Corporation Building LMS Junction, Vikas Bhavan P.O Palayam, Thiruvananthapuram- 695 033, KERALA, INDIA Sub: Development of Azhikkal Port with Private Sector Participation Acknowledgement Letter Dear Sir, 1. a. The undersigned hereby acknowledges receipt of the entire set of Request for Proposal Document, for setting up a river based port at Azhikkal, Kerala, consisting of six sections in two volumes from Department of Ports OR b. The undersigned hereby confirms that receipt of the Request for Proposal Document, with the following missing portions:
Sr. No Section No. Missing Page(s)/ Section(s)
2.
3.
We are in receipt of the Electronic form of RFP Documents for convenience of the Bidders. We confirm that in case of any discrepancy or dispute between the two, the printed form of the RFP Documents supplied by the Concessioning Authority shall prevail.1 The undersigned hereby notifies that it is interested / not interested (strike off whichever is not applicable) to participate in the proposal submission for the Azhikkal Port Project.
Yours faithfully,
Name (Company/Consortium) Signature
For e-tendering: this sentence shall be removed. 3 OF 52
Name of signatory (Printed) Title of Signatory (Printed) Date of Receipt of RFP document Date of Transmission of this Form Notes to the Bidder: The letter should be sent to Concessioning Authority by courier or fax, within ten (10) days of the date of dispatch of the RFP document by Concessioning Authority. Under point (1), strike out either (a) or (b) whichever is not applicable.
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Annexure 2 Clarification, Anomalies and Ambiguities

(to be printed on Bidders letter head & scanned copy to be uploaded at the time of online submission) Directorate of Ports 5th Floor, New Corporation Building LMS Junction, Vikas Bhavan P.O Palayam, Thiruvananthapuram- 695 033, KERALA, INDIA Sub: Development of Azhikkal Port with Private Sector Participation Clarification, Anomalies and Ambiguities Dear Sir, The following are the anomalies/inconsistencies in the RFP furnished earlier, and the Bidders understanding on the same is as follows:
Sl. No. Clause of RFP Statement (Para No and Page Discrepancy No.) of Bidders Understanding
Yours faithfully,
Authorized Signature: Name & Title of Signatory: Name of Bidder Address: Common Seal Notes to the Bidder: The above is intended to identify instruction or factual discrepancies, and not to negotiate positions or clarify project understanding. The above to reach within 30 days from date of issue of RFP.
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Annexure 3 Cover Letter

(to be printed on Bidders letter head & scanned copy to be uploaded at the time of online submission) To Directorate of Ports 5th Floor, New Corporation Building LMS Junction, Vikas Bhavan P.O Palayam, Thiruvananthapuram- 695 033, KERALA, INDIA
Sub: Development of Azhikkal Port with Private Sector Participation Cover Letter Dear Sir, 1. We offer our commitment to form a Special Purpose Company (SPC) to implement and operate the river based Azhikkal Port Project in Kerala should the Concessioning Authority select us as the Concessionaire for this purpose. a. We are submitting this Proposal on our own. (OR) b. We are submitting this Proposal as the Lead Member of a Consortium consisting of the following companies:
No. 1. 2. 3. Company Name Address
2.
As the Lead Member, we understand the obligations of the Concessionaire to implement the Project. We are enclosing Power(s) of Attorney from the other Consortium Members authorizing us to act as Lead Member for this Project. 3. This Proposal and your written acceptance of it shall form part of the Project Agreements to be signed between the Concessioning Authority and the Concessionaire. If nominated as Concessionaire, we understand that it is on the basis of the technical, financial and organizational capabilities and experience of the Consortium taken together. We understand that the basis for our qualification will be the Statement of Qualification submitted by us alongwith this letter, and that any circumstance affecting our continued
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4. 5.
6.
7. 8.
9.
eligibility as per Qualification Criteria, or any circumstance which would lead or have lead to our disqualification, shall result in our disqualification under this Bidding process. We understand that you are not bound to accept any or all Proposal(s) you receive. We declare that we have neither entered into nor are party to (whether by conduct or by acquiescence) any restrictive trade practice or sub-contracting arrangement or collective arrangement with any other person or entity including any of the other Bidders for the Project, in connection with the preparation and/or submission of our Proposal for the Project, or conduct of feasibility studies. We undertake that, in competing for (and, if we are nominated as Concessionaire, in executing) the Project Agreements, we will strictly observe the laws against fraud and corruption in force in India, namely, Prevention of Corruption Act, 1988. We hereby confirm that this Proposal complies with the Proposal Validity Period. We declare that we have disclosed all material information, facts and circumstances to the Concessioning Authority, which would be relevant to and have a bearing on the evaluation of our Proposal and selection as Concessionaire. We declare that in the event that the Concessioning Authority/GOK discovers anything contrary to our above declarations, it is empowered to forthwith disqualify us and our Proposal from further participation in the Proposal evaluation process and forfeit our Proposal Security.
Yours faithfully,
Authorized Signature: Name & Title of Signatory: Name of Bidder Address: Common Seal Note to the Bidder: To be submitted as part of Proposal by Proposal Due Date as P1 Strike out the portion not relevant under Paragraphs (2)
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Annexure 4 Details of Bidders

(Each data field to be filled online by the bidder at the time of submission) 1. Details of the Bidder: a. Name of Firm b. Lead Consortium Member / Consortium Member (Strike out whichever is not applicable) c. Country of incorporation d. Address of the corporate headquarters and its branch office(s), if any, in India e. Date of incorporation commencement of business and / or
f. Ownership of the Organization (List of i. stockholders / members who own 10% or ii. more of the stocks and their interest in the iii. company): g. List of current directors i. ii. iii. iv. v. vi. vii. viii. i. ii. iii. iv. v. vi. vii. viii.
h. Key management personnel
2. Brief description of the Company including details of its main lines of business. 3. Proposed role and responsibilities of the Company in this project 4. Details of individual (s) who will serve as the point of contact/ communication within the Company:
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a. Name a. Designation b. Address c. Telephone Number d. E-Mail Address e. Fax Number 5. In case of a Consortium a. the information above (1-4) should be i. provided for all the members of the ii. iii. consortium in separate sheets (company iv. profiles should also be enclosed) v. vi. vii. viii. b. information regarding role of each member i. ii. should be clearly provided iii. iv. v. vi. vii. viii. Note to the Bidder: To be submitted as part of Proposal by Proposal Due Date as P2
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Annexure 5 Power of Attorney for Nomination of Lead Member of Consortium

(scanned copy to be uploaded at the time of online submission) Power of Attorney for Nomination of Lead Member of Consortium KNOW ALL MEN BY THESE PRESENTS THAT, We, M/s , M/sM/s and M/s (the respective names and addresses of the registered office) do hereby SEND GREETINGS : WHEREAS Directorate of Ports has invited proposals from interested parties for development of Azhikkal Port Project in the state of Kerala on behalf of Government of Kerala. WHEREAS, the members of the Consortium are interested in bidding for the Project and implementing the Project in accordance with the terms and conditions of the Request for Proposal and other connected documents in respect of the Project, and WHEREAS, it is necessary under the Request for Proposal 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 Consortiums Proposal for the Project or in the alternative to appoint one of them as the Lead Member, would have all necessary power and authority to do all acts, deeds and things on behalf of the Consortium, as may be necessary in connection the Consortiums bid for the Project. NOW THIS POWER OF ATTORNEY WITNESSETH THAT: We, M/s , M/sM/s and M/s (the respective names and addresses of the registered office) do hereby designate M/s. being one of the members of the Consortium, as the Lead Member of the Consortium, to do on behalf of the Consortium, all or any of the acts, deeds or things necessary or incidental to the Consortiums bid for the Project, including submission of Proposal, participating in Pre-Bid meeting, responding to queries, submission of information/documents and generally to represent the Consortium in all its dealings with Directorate of Ports, any other Government Agency or any person, in connection with the Project until culmination of the process of bidding and thereafter till the contract is entered into with Concessioning Authority.
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We hereby agree to ratify all acts, deeds and things lawfully done by Lead Member pursuant to this Power of Attorney and that all acts deeds and things done by our aforesaid attorney shall and shall always be deemed to have been done by us/Consortium. Dated this theDay of..2010 (To be executed by all the members of the Consortium) Note to the Bidder: To be submitted as part of Proposal by Proposal Due Date as P3. 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 executions and when it is so required the same should be under common seal affixed in accordance with the required procedure. The Power of Attorney should be printed on appropriate non-judicial stamp paper and executed before a Notary Public, as applicable.
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Annexure 6 Consortium Agreement entered into Amongst the Members of the Consortium
(scanned copy to be uploaded at the time of online submission) To be submitted in own format.
Note to the Bidder: To be submitted as part of Proposal by Proposal Due Date as P4
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Annexure 7 Legal Opinion that the Consortium Agreement is Valid

(scanned copy to be uploaded at the time of online submission) To be submitted in own format. Note to the Bidder: To be submitted as part of Detailed Proposal by Proposal Due Date as P5
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Annexure 8 Current Litigation Status

(Each data field in the table below to be filled online by the bidder at the time of submission) Current Litigation Status Consortium members shall provide information on any current or pending litigation or arbitration of the Consortium members or any of its subsidiaries and likely to affect execution of this Project. Name of Client / disputing party:
Year Name of Cause of litigation & Interim Award, Client / matter of dispute Order or Disputing Decree For or party Against Applicant Disputed amount (Current value, Rupee equivalent)
Note to the Bidder: To be submitted as part of Proposal by Proposal Due Date as P6 Detail for each consortium member(s) to be provided separately Please indicate disputed amount, if known, else it should be indicated as closely as possible If any information in this schedule is found at a later date to be incorrect or concealed, participation of bidder will be rejected at any time and Proposal Security forfeited.
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Annexure 9 Statement of Qualification Form

(Each data field to be filled online by the bidder at the time of submission) (Declaration to be printed on Bidders letter head & scanned copy to be uploaded at the time of online submission) Directorate of Ports 5th Floor, New Corporation Building LMS Junction, Vikas Bhavan P.O Palayam, Thiruvananthapuram- 695 033, KERALA, INDIA Sub: Development of Azhikkal Port with Private Sector Participation Statement of Qualification Dear Sir, 1. We are submitting this Statement of Qualification as the Lead Member of a Consortium consisting of the following companies:
No. 1. 2. 3. Company Name Address
2.
3.
We declare that we have disclosed all material information, facts and circumstances to the Concessioning Authority, which would be relevant to and have a bearing on the evaluation of our Proposal and selection as Concessionaire. We declare that in the event that the Concessioning Authority discovers anything contrary to our above declarations, it is empowered to forthwith disqualify us and our Proposal from further participation in the Proposal evaluation process and forfeit our Proposal Security.
Yours faithfully, Authorized Signature: Name & Title of Signatory: Name of Bidder Address: Common Seal (The following each data field to be filled online by the bidder at the time of submission)
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4.
The following is the Statement of Qualification for the Consortium/firm: (all figures in INR million)
Particulars Name Net worth Last FY Turnover Year 1 Year 2 Year 3 Cash Accrual Year 1 Year 2 Year 3 Lead Member TEXT NUM Member TEXT NUM Member TEXT NUM
NUM NUM NUM
NUM NUM NUM
NUM NUM NUM
NUM NUM NUM
NUM NUM NUM Member TEXT Member TEXT
NUM NUM NUM Member TEXT
Particulars
Lead Member Experience in successful TEXT development / operation of port / shipping. Please indicate number of such relevant projects and list them starting with the latest one. Experience in development of TEXT other Infrastructure Projects on Commercial format. Please indicate number of such relevant projects and list them starting with the latest one.
TEXT
TEXT
TEXT
5.
The Following Documents are attached in support of the above Statement of Qualification. I. II. III. IV. ---
Note to the Bidder:

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To be submitted as part of Proposal by Proposal Due Date (both mode) as Q2. The relevant supporting documents should be furnished for the lead member and/or consortium member(s) like o annual report/equivalent document for the past 5 years, o similar assignments/ projects undertaken/ concluded in last 10 years indicating track record and time schedule etc., o experience in successful development and operations of port(s) on commercial format, o organizational charts, o any other detail as deemed significant etc.
For e-tendering : Cover shall be replaced with Form reference number in e-tendering system. 17 OF 52
Checklist 1
(Each data field to be filled online by the bidder at the time of submission)
SN
Submission documents
i. Acknowledgement of Receipt of RFP and Notification of Intent to Submit the Proposal (paper submission with scan copy through online submission) ii. Clarifications, Anomalies and Ambiguities (paper YES/NO submission with scan copy through online submission, if any) iii. Cover Letter [to be submitted by the Bidder as P1] YES/NO (paper submission with scan copy through online submission) iv. Details of Bidders [to be submitted by the Bidder as YES/NO P2] v. Power of Attorney for Nomination of Lead Member of YES/NO Consortium [to be submitted by the Bidder as P3] (paper submission with scan copy through online submission) vi. Consortium Agreement to be entered into Amongst YES/NO the Members of the Consortium [to be submitted by the Bidder as P4] (paper submission with scan copy through online submission) vii. Legal Opinion that the Consortium Agreement is valid YES/NO [to be submitted by the Bidder as P5] (paper submission with scan copy through online submission) viii. Current Litigation Status [to be submitted by the YES/NO Bidder as P6] ix. Proposal security [to be submitted by the Bidder as YES/NO P7] x. Statement of Qualification Format [to be submitted in YES/NO Cover-1 as Q] along with Supporting Documents Confirmations xi. Receipt of online submission is included in Envelope 1 xii. Confirm that the submissions are in full compliance with the requirements mentioned and sufficient to substantiate the Qualification Criteria requirements
Submitted and Complied (Yes/No) YES/NO
Scan copy attached
YES/NO
YES/NO
YES/NO
- N/AYES/NO
YES/NO
YES/NO
- N/AYES/NO YES/NO
YES/NO YES/NO
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xiii. Confirm that all the above submissions are in full compliance with the formats provided (wherever applicable) xiv. Confirm that the Consortium Agreement submitted is a valid legal document and does not have any material / legal discrepancies. xv. Confirm that all supporting documents attached to support the Statement of Qualifications are adequate to validate / substantiate and confirm that the statement of qualifications is factually true and correct.
YES/NO YES/NO YES/NO
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Annexure 10 Technical Evaluation Criteria Sheets

Annexure 10-A Strategy for Development & Management of the Project (Evaluation Criteria 1) [to be submitted by Bidder as T1] (Scanned copies of the documents listed below to be uploaded at the time of online submission) As mentioned in Section 1 of Volume 1, the Strategy for Development and Management of the Project shall include the following: Methodology for traffic forecast Master Plan for the Port including phase-wise port layout plans (Evaluation Criteria 1.2) Project designs, specifications and productivity norms (Evaluation Criteria 1.3) Capital works, operations and maintenance works (Evaluation Criteria 1.4) Proposed tariff structure (Evaluation Criteria 1.5 - 17.5.1.k) Project scheduling and implementation plan (Evaluation Criteria 1.8) Operations and Maintenance Plan (Evaluation Criteria 1.9) Environmental Impact Assessment and Environmental Management Plan methodology (Evaluation Criteria 1.10) Social Framework & Management Plan - methodology (Evaluation Criteria 1.11) Others (Evaluation Criteria 1.12) Traffic assumptions made : SN Assumptions 1 2 ..n Traffic projections for the Concession Period (individual cargo type-wise yearwise) in Metric Tonne : SN Cargo Y 01 Y 02 Y 03 Y 04 Y 05 Yn 1 Cargo item 1 (provide name) 2 Cargo item 2 Cargo item 3 ..n Cargo item n
Tariff to be proposed for the assessed types of cargo (Evaluation Criteria 1.5 17.5.1.k)
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Descri ption of comm odity Avera ge Size of vessel Cargo Quanti ties Vessel Related Charges Port Pilot Berth Any other Hire Dues age charges Fees Charg (please es specify) Cargo Related Charges Wharf Cargo Any handling other age charges charges (please specify) Rs. Rs. Rs. Rs. Rs. per per per per per 20 40 20 40 20 TEU TEU TEU TEU TEU Rs. per 40 TEU
For Containerized cargo UOM In In > GRT TEUs
Rs. per GRT
Rs. per GRT
Rs. per GRT per hour
Rs. per GRT
1. 2. ... Other cargo (bulk and break bulk) UOM In In MT Rs. > GRT per GRT
Rs. per GRT
Rs. per GRT per hour
Rs. per GRT
Rs. per MT
Rs. per MT
Rs. per MT
1. 2. ...
Note: - Please use separate tables for foreign and coastal vessels / cargo. - All rates should be in Indian Rupees
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Annexure 10-B Strategy for Marketing of the project and Similar Experience of the Bidder in Marketing such Services (Evaluation Criteria 2) [to be submitted by Bidder as T2] As mentioned in Section 1 of Volume 1 of RFP, similar experience of the bidder in marketing such projects & services shall include the following: Marketing Plan (Evaluation Criteria 2.1 and 2.3) Annexure 10-B1. Ongoing relationship / alliance with cargo and freight agencies (Evaluation Criteria 2.2) Annexure 10-B2. Marketing strength / alliances / collaboration / presence in India and worldwide for Port services to Shipping Lines (Evaluation Criteria 2.4) Annexure 10-B3 Current Commitments (Evaluation Criteria 2.5) Annexure 10-B4
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Annexure 10-B1 Strategy for Marketing of the Project and Similar Experience of the Bidder in Marketing Such Service (Evaluation Criteria 2.1 & 2.3) [to be submitted by Bidder as T2 (a)] As mentioned in Section 1 of Volume 1 of RFP, the Strategy for Marketing of the Project and experience of the bidder related to marketing of similar services shall be detailed as per the following: Marketing Plan (Evaluation Criteria 2.1) (Scanned copies of the Plan to be uploaded at the time of online submission) Assessment of cargo and vessel traffic figures for revenue projections. (Each data field to be filled online by the bidder at the time of submission)
Calculation for Gross Annual Revenue Particulars Year > a) Vessel Related Charges (i) Port Dues Commodity 1 - Coastal Commodity 1 Foreign ..... (ii) Pilotage Fees Commodity 1 - Coastal Commodity 1 Foreign ..... (iii) Any other charges (please specify) Commodity 1 Coastal Commodity 1 Foreign ..... Total a (i+ii+iii) b) Cargo Related Charges Wharfage (i) Commodity 1 - Coastal Commodity 1 Foreign ..... (ii) Cargo handling charges Commodity 1 - Coastal Commodity 1 Foreign .....
Amount in million Indian Rupees 3 4 5 6 7 ... 30
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(iii) Any other charges (please specify) Commodity 1 - Coastal Commodity 1 Foreign ..... Total b (i+ii+iii) Total Revenue (a+b)
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Annexure 10-B2 Ongoing relationship/ alliance with cargo and freight agencies (Evaluation Criteria 2.2, to be submitted by Bidder as T2 (b)) (Each data field to be filled online by the bidder at the time of submission)
Name of Name, brief Place agency/ Details of of other/ alliance/ operat partner relationship ion Indicate Date of Indicate Total Commence whether Value of type of ment of ports or Works, if alliance/ alliance/ logistic applicable relationship relationship operations (INR Million) Joint entity, if any, Equity shareholding of same
Note: To be enclosed The above information is to be provided for each consortium member. Certificates from partners are to be attached in respect of information furnished. Attach any additional information qualifying the above, if required.
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Annexure 10-B3 Marketing strength / alliances / collaboration / presence in India and worldwide for Port services to Shipping Lines (Evaluation Criteria 2.4, to be submitted by the Bidder as T2 (c)) (Each data field to be filled online by the bidder at the time of submission)
Name of client / JV partner Name, brief Description of Work (Marketing/ Management) Place of Opera tions Date of Commenc ement of marketing services Indicate whether Greenfield ports or existing ports Indicate type Total Value of of alliance / Works relationship (INR Million) Joint entity, if any, Equity shareholding , if any
Note: To be enclosed The above information is to be provided for each consortium member. Certificates from employers, clients, etc. are to be attached in respect of information furnished. Attach any additional information qualifying the above, if required.
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Annexure 10-B4 Current Commitments (Evaluation Criteria 2.5) (to be submitted by the Bidder as T2 (d)) (Each data field to be filled online by the bidder at the time of submission) (All figures: INR in Million)
S. Description No of Work Cost of Work Project Completed Scheduled Total Amount to be invested & Means of Year for Value of Financing i.e. Debt/Equity (Provide Completio Works details for atleast 10 years) n 2010 2011 2012 2013
Similar details should also be provided for the projects for which the Bidder/ Consortium members have expressed an interest, and how the Bidder/Consortium members will proceed if selected to tender for more than one of above-mentioned projects. Note: In case of a Consortium the same information is to be provided for each member. Bidder/Consortium member shall provide information on its total commitment to the projects, i.e. risk capital (equity, contract turnover, liquidated damages, promoters guarantees).
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Annexure 10-C Similar Experience of the Bidder in Developing and Managing Such Projects (Evaluation Criteria 3, to be submitted by Bidder as T3) As mentioned in Section 1 of Volume 1 of RFP similar experience of the bidder in developing and managing such projects shall include the following: Project design / construction / development / operation & maintenance / management experience for related sector projects (Evaluation Criteria 3.1 & 3.2) Annexure 10-C1. Project Design / construction / development / operation & maintenance / management experience for other sector projects (Evaluation Criteria 3.3) Annexure 10-C2. Project Design / construction / development / operation & maintenance / management experience in India and other Countries (Evaluation Criteria 3.4) Annexure 10-C3.
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Annexure 10-C1 Project Design / Construction / Development / O&M / Management Experience for Port sector Projects (during the Last five Years) (Evaluation Criteria 3.1 & 3.2, to be submitted by Bidder as T3 (a)) (Each data field to be filled online by the bidder at the time of submission)
Name of Name, brief Place Date of Indicate Total Percentage of Indicate type Equity Time client / Description of of Commen whether Value of contract of shareTaken JV Work Execu cement Greenfield Works executed by Participation holding, if As per Actual partner (Construction, tion of of Work ports or (INR Firm / Contractor any contracDevelopment, Work existing Million) Consortium / tual Management) ports Member Concessiona obligation ire
Status Project Completed Percentage completed case Works Progress
of / in in
Note: To be enclosed The above information is to be provided for each consortium member. Certificates from employers, clients, etc. are to be attached in respect of information furnished. Attach any additional information qualifying the above, if required.
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Annexure 10-C2 Project Design / Construction / Development / O&M / Management Experience for Related Sector Projects (during the last five years) (Evaluation Criteria 3.3, to be submitted by Bidder as T3 (b)) (Each data field to be filled online by the bidder at the time of submission)
Name Name, brief Place of Date of Indicate Total Percentage Indicate type Equity shareof Description of Executio Commen whether Value of of contract of client / Work n of cement 'Infrastructure Works executed by Participation holding, JV (Construction, Work of Work Projects Firm / - Contractor / any (INR partner Development, including Road Million) Consortium Concessiona Management) / Rail / Airport Member ire works Time Taken As per Actual if contractual obligation Status of Project Completed / Percentage completed in case Works in Progress
NOTE: To be enclosed the above information should be provided for projects other than those mentioned in Annexure 10-C1 The above information is to be provided for each consortium member. Certificates from employers, clients are to be attached in respect information furnished. Attach any additional information qualifying the above, if required.
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Annexure 10-C3 Project Design / Construction / Development / O&M / Management Experience in India and other Countries for Other sector Projects (during the last five years) (Evaluation Criteria 3.4, to be submitted by Bidder as T3 (c)) (Each data field to be filled online by the bidder at the time of submission)
Name Name, brief Place Date of Indicate of Description of of Commen whether client / Work Exe- -cement Port JV (Construction, cution of Work Project or partner Development, of InfraManagement) Work structure Project Total Value of Works (INR Million) Percentage of contract executed by Firm / Consortium Member Indicate type Equity Time Taken shareof As per Actual Participation holding, contrac Contractor / if any tual Concessionai obligation re Status of Project Completed / Percentage completed in case Works in Progress
NOTE: To be enclosed Bidder to summarize his information from Annexure 10-C1 and 10-C2 related to projects in India and developing countries. The above information is to be provided for each consortium member. Certificates from employers, clients are to be attached in respect information furnished. Attach any additional information qualifying the above, if required.
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Annexure 10 - D Project Management Capabilities of Bidder Including Qualifications and Experience of Key Staff Proposed for the Project (Evaluation Criteria 4, to be submitted by Bidder as T4) As mentioned in Section 1 of Volume 1 of RFP, project management capabilities of bidder including qualifications and competence of key staff for the proposed project shall include: Proposed Management Plan Proposed SPC structure / composition of the proposed management committee for the project / organogram of proposed consortium (Evaluation Criteria 4.1) Annexure 10-D1. Key qualifications, skill set and number of years of experience for the key personnel to be deputed for managing the project (CEO / operations manager other key staff) (Evaluation Criteria 4.2) Annexure 10-D2. Adequacy for the project number of similar projects executed by the personnel in the past, experience of the proposed staff in port operations India or in other countries with high trade growth (Evaluation Criteria 4.3) Annexure 10-D2.
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ANNEXURE 10-D1 PROPOSED MANAGEMENT PLAN (Evaluation Criteria 4.1, to be submitted by Bidder as T4(a)) (Scanned copies of the Plan to be uploaded at the time of online submission) This will include the composition of the proposed Management Committee (organigram) to be set up for project implementation and management activities. This plan should clearly indicate the proposed structure of the Special Purpose Company (to be established once selected as a Concessionaire) for implementing the project. The names of the key personnel who would be associated with the project along with the key roles and responsibilities should be mentioned. The detailed curriculum vitae should be given as per format in Annexure 10-D2.
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ANNEXURE 10-D2 Format of Curriculum Vitae of the Proposed Professional Staff (Evaluation Criteria 4.2, 4.3, to be submitted by Bidder as T4 (b)) (Each data field to be filled online by the bidder at the time of submission) Proposed Position: Name of Firm: Name of Staff: Profession: Date of Birth: Nationality: Detailed Tasks Assigned: Key Qualifications: (Evaluation Criteria 4.2) Education: (Summarize college, University and other, specialized education of staff member, giving names of institutions, dates attended and degrees obtained.) Number of Years of Work Experience: Training Programmes Attended: Adequacy for the project (Evaluation Criteria 4.3): (To give and outline of the staff members experience most pertinent to tasks on the project. Describe the degree of responsibility held by staff member on relevant previous assignments and give dates and location) Employment Record: (Starting with present position, list in reverse order every employment held. List all positions held by staff member since graduation, giving dates and names of employing organizations, titles of positions held and locations of assignment. For experience in last ten years also give type of activities performed and client references where appropriate).
Language:
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(For each language indicate proficiency: Excellent, Good, Fair or poor; in speaking reading and writing) Certification: I, undersigned, certify that to the best of my knowledge and belief, these data correctly describe me, my qualifications and my experience. Date: Full name and Signature of the staff member: Full name and Signature of the authorized representative:
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Checklist 2
Submitted or Complied (Yes/No) A. Strategy for Development and Management of the Project Evaluation Criteria 1 1. Submitted Master Plan for the Port providing phase wise port YES/NO layout plans including Overall layout of the project site, and the location of the proposed port facilities including harbour, including phase-wise detailed layout plans. Detailed description and capacity of various facilities proposed for the Port (phase-wise). Offshore & Onshore facility development including no. of berths and maximum vessel size etc. 2. Submitted Land-use plan based on the Master Plan YES/NO 3. Submitted Planning for off-site infrastructure YES/NO 4. Submitted Project designs, specifications and productivity norms YES/NO 5. Submitted Capital works, operation and maintenance works & YES/NO costs 6. Submitted Project scheduling and implementation plan YES/NO 7. Submitted Operation and Maintenance Plan YES/NO 8. Submitted Environmental Management Plan YES/NO 9. Submitted Social Framework & Management Plan YES/NO 10. Submitted methodology for traffic forecast YES/NO 11. Submitted traffic figures of cargo and vessel traffic YES/NO 12. Submitted proposed Tariff Structure YES/NO 13. Confirm whether the traffic forecasting methodology adopted is YES/NO as per best practices adopted in port sector 14. Confirm whether the traffic projections are based on the assured YES/NO cargo handling contracts in southern India and the realistic projections worked out based on the traffic forecasting methodology 15. Confirm that the traffic projections assumptions are realistic and YES/NO can be validated to a significant extent. 16. Confirm that the Master Plan and all the submitted documents YES/NO includes the required information as mentioned in the RFP. 17. Confirm that the Master Plan conforms to all applicable planning YES/NO
SN
Submission documents for Technical Evaluation
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SN
Submitted or Complied (Yes/No)
18. 19.
20.
21.
22.
23.
24.
25.
26.
27.
and development norms and all applicable guidelines, rules, ordinances, acts, laws for the specific project area and specific purposes dealt in the documents. Confirm whether the Master Plan meets the requirements of the traffic projections provided by you in _this section Confirm whether the infrastructure indicated in the Master Plan is capable of handling all types of traffic (cargo and/or passenger) envisaged? Confirm whether the berth designs conform to standards specified under Technical Specifications section of this RFP and conform to any other applicable standards and suitable for the types of vessels envisaged and sufficient for project cargo loading / unloading? Confirm whether the port area layout conform to standards specified under Technical Specifications section of this RFP and conform to any other applicable standards and sufficient to handle the traffic as projected? Confirm whether the port design including waterfront and land side conform to standards specified under Technical Specifications section of this RFP and conform to any other applicable standards and sufficient to handle the vessels as envisaged? Confirm whether the phase wise development / Master plan conform to the traffic projections made for different types of traffic and are aligned accordingly? Confirm whether the phase wise development / Master plan ensures that the desired infrastructure is in place before the year in which the traffic projections exceed the normal capacity of the infrastructure. Confirm whether the phase wise development / Master plan ensures that the desired infrastructure is in place keeping in mind normal capacity and that there are no capacity constraints at any point of time Confirm whether the space provided for loading and unloading conforms to standards specified under Technical Specifications section of this RFP, any other applicable standards and is sufficient to handle the traffic as projected in a smooth and unhindered manner? Confirm whether the storage spaces conform to standards
YES/NO YES/NO
YES/NO
YES/NO
YES/NO
YES/NO
YES/NO
YES/NO
YES/NO
YES/NO
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SN
28.
29.
30.
31.
32. 33.
34.
35.
36.
specified under Technical Specifications section of this RFP and conform to any other applicable standards, is sufficient and suitable to handle the all types of traffic as projected and ensures that there is no storage capacity constraint created at any point of time? Confirm whether all the equipments proposed conform to standards specified under Technical Specifications section of this RFP and conform to any other applicable standards, is sufficient and suitable to handle the all types of traffic as projected and that there is no capacity constraint arising due to material handling equipments at the port? Confirm whether the land use plan conforms to standards specified under Technical Specifications section of this RFP and conform to any other applicable standards, is sufficient and suitable to handle all port operation activities and ensures smooth evacuation of cargo? Confirm whether the off-site infrastructure plan conforms to standards specified under Technical Specifications section of this RFP and conforms to any other applicable standards and sufficient and suitable to handle the all types of traffic as projected? Confirm whether the Operation & Management Plan conforms to standards specified under Technical Specifications & Performance Parameters section of this RFP and conforms to any other applicable standards and sufficient and suitable to handle all functions of the port? Confirm whether the Operation & Management Plan conforms to all safety and security norms applicable? Confirm whether the Environment Management Plan conforms to applicable standards and sufficient and suitable to cover all aspects of Azhikkal Port development? Confirm whether the Social Framework and Management Plan is sufficient and suitable to cover all aspects of Azhikkal Port development? Confirm whether the Tariff structure adopted, are the latest Schedule of Port Charges issued by Cochin Port, before the Due date of bid submission? Confirm whether the Tariff structure adopted, are with 10% limit of the latest Schedule of Port Charges issued by Cochin Port,
YES/NO
YES/NO
YES/NO
YES/NO
YES/NO YES/NO
YES/NO
YES/NO
YES/NO
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SN
before the Due date of bid submission? B. Strategy for Marketing of the project and Similar Experience of the Bidder in Marketing such Services Evaluation Criteria 2 37. Submitted Marketing Plan YES/NO 38. Submitted datasheet and supporting credentials to substantiate YES/NO ongoing relationship / alliance with cargo and freight agencies 39. Submitted datasheet and supporting credentials to substantiate YES/NO experience in marketing of shipping services 40. Submitted information on Current Commitments YES/NO 41. Confirm that the Strategy for Marketing and Experience of YES/NO Marketing documents includes the required information as mentioned in the RFP. 42. Confirm that the Marketing Plan conforms to all applicable YES/NO guidelines, rules, ordinances, acts, laws for the specific project and specific business. 43. Confirm that Marketing Plan is based on a market survey and an YES/NO assurance of cargo transportation contracts in Southern India plus traffic projections as provided in the previous section.? 44. Confirm that the Marketing Plan supports the traffic forecast and YES/NO is adequate to meet the traffic number projections? 45. Confirm that the Marketing Plan is based on the alliances / YES/NO relationships / collaboration arrangements with cargo / freight / shipping agencies as provided in the prescribed formats C. Similar Experience of the Bidder in Developing and Managing such Projects Evaluation Criteria 3 46. Submitted datasheet and supporting credentials to substantiate YES/NO Project design / construction / development / operations & maintenance / management experience for related sector projects during the last 5 years 47. Submitted datasheet and supporting credentials to substantiate YES/NO Project design / construction / development / operations & maintenance / management experience for other sector projects during the last 5 years 48. Submitted datasheet and supporting credentials to substantiate YES/NO Project design / construction / development / operations & maintenance / management experience in India and other countries 49. Confirm that the Experience of Developing and Managing Similar YES/NO Project documents includes all the required information as
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SN
mentioned in the RFP 50. Confirm that the information provided to substantiate similar YES/NO experience in developing and managing port projects, are authentic. 51. Confirm that you have the requisite experience as a Port YES/NO developer / designer / construction contractor that is required for this Project and that the same is validated by the details provided in the prescribed formats. 52. Confirm that you have attached adequate proof required for YES/NO validating the above requisite experience as a Port developer / designer / construction contractor 53. Confirm that you have the requisite experience as a Port YES/NO Operator / Manager / that is required for this Project and that the same is validated by the details provided in the prescribed formats. 54. Confirm that you have attached adequate proof required for YES/NO validating the above requisite experience as a Port Operator / Manager. 55. Confirm that you have the requisite experience as a developer / YES/NO designer / construction contractor in related sector projects that is required for this Project and that the same is validated by the details provided in the prescribed formats. 56. Confirm that you have attached adequate proof required for YES/NO validating the above requisite experience as a developer / designer / construction contractor for related sectors 57. Confirm that you have the requisite experience as a developer / YES/NO designer / construction contractor in other sector projects that is required for this Project and that the same is validated by the details provided in the prescribed formats. 58. Confirm that you have attached adequate proof required for YES/NO validating the above requisite experience as a developer / designer / construction contractor for other sectors D. Project Management capabilities of Bidder including: Qualifications and experience of key staff proposed for the Project Evaluation Criteria 4 59. Submitted proposed Management Plan Proposed SPC YES/NO structure / composition of the proposed management committee for the project / organogram of proposed consortium 60. Confirm that in the SPC shareholding structure the GoK stake is YES/NO considered?
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SN
61. Confirm that in the SPC shareholding structure the participation consideration of GoK conforms to the limit specified in this RFP? 62. Confirm that in the SPC the shareholding structure, the equity participation is aligned to the total investment proposed by the bidder for himself and the GoK? 63. Confirm that the SPC structure shall meet with Corporate Governance guidelines outlined by the statutory agencies from time to time? 64. Confirm that the SPC structure will conform to all applicable guidelines, rules, ordinances, acts, laws for the specific project and specific business? 65. Confirm tha the SPC Structure will conform to the interconsortium relationships between the parties concerned and represents the true nature of these relationships? 66. Submitted key qualifications, skill set and number of years of experience for the key personnel to be deputed for managing the project (CEO / marketing manager /other key staff) 67. Submitted statements to show adequacy of your firm for the Project number of similar projects executed by the personnel in the past, experience of the proposed staff in port operations in India or in other countries with lighterage and direct berthing operations 68. Confirm that the Project Management capabilities and qualification-experience of key staff documents includes all the required information as mentioned in the RFP 69. Confirm that the proposed SPC/SPV staff details conforms to all applicable guidelines, rules, ordinances, acts, laws for the specific project area and specific purposes and the staff details provided are authentic. 70. Confirm that the key personnel identified, are on the rolls of the bidder? 71. Confirm that the key personnel identified for this project have consented to work on this project if the said bidder is selected 72. Confirm that the details of the key personnel in terms of their qualifications and experience are true? 73. Confirm that should any of the key personnel leave the employment of the bidder after the project is awarded, the bidder shall replace the personnel with another person with equivalent qualifications and experience
Submitted or Complied (Yes/No) YES/NO YES/NO
YES/NO
YES/NO
YES/NO
YES/NO
YES/NO
YES/NO
YES/NO
YES/NO YES/NO YES/NO YES/NO
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Submitted or Complied (Yes/No) E. Presentation of the Technical Bid and Site visit for physical verification of experience claims Evaluation Criteria 5 74. Confirm that the presentation on the technical bid shall be YES/NO presented before the Bid Evaluation Committee, whenever intimated. 75. Confirm that, on request of the Bid Evaluation Committee, the YES/NO chosen project site visit shall be arranged for the designated members of the Committee.
SN
Note: - The above checklist covers all possible information that the GoK requires from the bidder and should the bidder confirm an YES to all of these, he could be considered as prima facie technically short listed, SUBJECT TO the following: 1) Validation of all attachments / supporting documents between the hard copy and the soft copy submitted by the bidders 2) Verification of all attachments / supporting documents by the bid evaluation committee to confirm whether the same meets the requirements 3) Presentation by the bidder on his Technical Proposal wherein any doubts / clarifications required by the bid evaluation committee are addressed by the bidder. 4) Site visit arrangement by the bidder. 5) Rating of the Technical Proposal and assigning a technical score based on the technical proposal, presentation, clarifications provided and site visit. 6) Any bidder found to be non-compliant or inadequate in terms of the above shall be technically disqualified. Only after the above steps are performed, should the financial bids be opened for all confirmed technically short listed bidders.
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Annexure 11 Financial Evaluation Criteria Sheets

Annexure 11 - A Gross Annual Revenue share for Concessioning Authority [Evaluation Criteria 5.1, to be submitted by the Bidder as F1] (Each data field to be filled online by the bidder at the time of submission)
Year of operation
Gross revenue
annual %age of Amount of shared Gross Gross annual revenue to annual Concessioning Authority revenue by the Concessionaire (in Rs. Million) Share (in Rs. Million)
Year 1 (say 2010-11) Year 2 Year 3 Year 4 Year 5 Year 6 Year 7 Year 8 Year 9 Year 10 Year 11 Year 12 Year 13 Year 14 Year 15 Year 16 Year 17 Year 18 Year 19 Year 20 Year 21 Year 22
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Year of operation
Gross revenue
annual %age of Amount of shared Gross Gross annual revenue to annual Concessioning Authority revenue by the Concessionaire (in Rs. Million) Share (in Rs. Million)
Year 23 Year 24 Year 25 Year 26 Year 27 Year 28 Year 29 Year 30 Total shared gross annual revenue over 30 Concession Period year Rs. __________
Net Present Value applying 12% as discounting factor over Rs. _____________ the total amount of Gross Annual Revenue shared
Note to the bidder: To be submitted as part of Financial Proposal by Proposal Due Date The final amount at the last row and last column of the above table shall be taken as the Final financial quote for evaluation purpose. The Gross Annual Revenue to be shared, should be given upto 1 decimal point. The Financial Bid Parameter is the Net Present Value (discounting factor 12%) of Total Gross Annual Revenue shared in 30 years in Terms of Indian Rupees.
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Annexure 11 - B - Financing of Investment and Equity stake by the Lead Member (Evaluation Criteria 6.2 & 6.3, to be submitted by the Bidder as F2) (Each data field to be filled online by the bidder at the time of submission) 1. Financing of Investment (figures in INR Million)
Construction Period Year Aggregate Investment Funded By: Debt Equity Others (to specify) Total Debt-equity ratio Operational Period 1 2 Upto 30
Terms and Conditions of Debt and Other Instrument as mentioned above:

Instrument Overall Tenure Morator ium Interest Rate Terms of Remarks conversion, if any
Debt Others (to specify)
Equity stake by the Lead Member

Equity stake by Lead Member __ %
Note to the bidder: To be submitted as part of Proposal by Proposal Due Date as part of Financial Proposal Construction cost to include all the costs including interest during construction, preliminary expenses, pre-operative expenses, contingency The details to be given Year-wise starting from the date of construction Preference shares with maturity more than 5 years will be treated as part of equity
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Annexure 12 Proposal Security

[to be submitted by the Bidder as P7] (Scanned copies of the document to be uploaded at the time of online submission) Proposal Security WHEREAS [NAME OF Bidder] (hereinafter called the Bidder) is submitting his Proposal for the implementation of the Azhikkal Port Project, hereinafter called the Proposal. KNOW ALL PEOPLE by these presents that We [NAME OF BANK] of [NAME OF COUNTRY] having our registered office at [ADDRESS] (hereinafter called the Bank) are bound unto Directorate of Ports, 5th Floor, New Corporation Building LMS Junction, Vikas Bhavan P.O, Palayam, Thiruvananthapuram- 695 033, KERALA, INDIA (hereinafter referred to as Concessioning Authority which expression shall, unless the context otherwise requires include its subsidiaries, successors and assigns) and represented by DoP, GoK in the sum of INR ________ (INR ________), for which payment well and truly to be made to the said Concessioning Authority, the Bank binds itself, its successors and assigns by these presents. The conditions of this obligation are: a. If the Bidder withdraws or modifies its Proposal during the period of Validity of Proposal specified by the Bidder in the Proposal Form, OR b. If the Bidder fails to respond to any reasonable requests of the Concessioning Authority, fails to furnish updated qualifications, or otherwise fails to comply with the Proposal process; OR c. In the case of a successful Bidder, if such Bidder fails within the specified time limit 1. To sign the Project Agreements, or 2. To furnish Performance Guarantee 3. To pay the upfront Project Development Fee to the Concessioning Authority within the time stipulated. If the Bidder agrees to extend the validity of the proposal, this Guarantee stands extended for further period of 30 days beyond the period of extension of the validity of the proposal by the bidder. The Bank unconditionally pay the Concessioning Authority upon the first written demand from the Concessioning Authority issued through notice under registered post (explicitly understood as invocation of notice), forth with and without demur,
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cavil or argument, any sum or sums as stated by the Concessioning Authority within the limit of INR ________ (INR ________) as aforesaid, without the Concessioning Authority needing to show or prove any grounds or reasons for demanding the sum specified, and not withstanding any difference of opinion between the Concessioning Authority and the Bank/Bidder. In case of any delay by the Bank, in remitting the amounts under the present Guarantee, within 15 days from the date of receipt of notice of demand from the Concessioning Authority, the Bank agrees to pay interest at the rate of 15% per annum compounded on quarterly rests from the date of demand, until the date of payment The Bank also agrees that the Concessioning Authority at its option shall be entitled to enforce and invoke this Guarantee against the Bank as a principal debtor, without proceeding against the Bidder and notwithstanding any security or other Guarantee the client may have in relation to the Bidders liabilities. Provided that the liability of the Bank under this Guarantee shall not exceed the said amount of INR ________ (INR ___________) exclusive of interest payable on the amount demanded in the notice till the date of payment to the Concessioning Authority and interest thereon. Any disputes concerning or under this Guarantee shall be subject to the jurisdiction of Civil Courts located in Thiruvananthapuram. This Guarantee will remain in force upto and including [DATE], 9 months after the Proposal Due Date or as shall be extended by the Concessioning Authority, notice of which extension to the Bank is hereby waived. Any demand in respect of this guarantee should reach the Bank not later than the above date. Signed, sealed with the Common Seal of the Bank, and delivered: [Bank name and address] For and on behalf of the Bank [Authorized signatory] [Signatory designation] In the Presence of:
Witness 1. 2. Name & Address Name & Address
Note to the Bidder: To be submitted as Part of Proposal by Proposal Due Date
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Annexure 13 Amendments Sought to Draft License Agreement

[to be submitted by the Bidder as P8] (to be printed on Bidders letter head) (Scanned copies of the document to be uploaded at the time of online submission) Directorate of Ports 5th Floor, New Corporation Building LMS Junction, Vikas Bhavan P.O Palayam, Thiruvanthapuram- 695 033, KERALA, INDIA Sub: Development of Azhikkal Port with Private Sector Participation Amendments sought to Draft License Agreement Dear Sir, We have read and understood the Draft Concession Agreement in respect of the captioned project provided to us by Concessioning Authority. Following are the amendments sought in draft License Agreement:
No. Draft License Agreement (Page No./ Clause) Amendment sought Remarks
We understand and confirm that the above amendments sought by us are only for consideration of the Concessioning Authority/Government of Kerala, if acceptable and the Concessioning Authority/Government of Kerala is not bound to accept any or all of the amendments sought as above. Yours faithfully, Authorized Signature: Name & Title of Signatory: Name of Bidder Address: Common Seal Note to the Bidder: To be submitted as part of Detailed Proposal by Proposal Due Date To be signed by the Lead Member(s) in case of a Consortium.
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Annexure 14 Performance Guarantee

[to be signed and submitted on Proposal Due Date as token of acceptance towards completing and submitting in case the Bidder is chosen as Concessionaire] (Scanned copies of the document to be uploaded at the time of online submission) Performance Guarantee 1. In consideration of Governor of the State of Kerala in his executive capacity for the Government of the State of Kerala, acting through the Secretary, Ports with Directorate of Ports (hereinafter referred to as Concessioning Authority which expression shall, unless the context otherwise requires include its subsidiaries, successors and assigns) having decided to select M/s [-----] incorporated in _____ having its registered office at _______, hereinafter referred to as Concessionaire (which expression shall unless the context otherwise requires include its successors). WHEREAS the Project Agreements refers to the Concession Agreement, Share Holders Agreement and any other Agreement to be entered into between the Concessioning Authority and Concessionaire, [M/s ___NAME___], for the purpose of implementing Azhikkal Port Project in Kerala State through a Special Purpose Company (SPC). AND WHEREAS the Concessionaire has undertaken to carry out the above works and perform the services required for due implementation of the said Project and in accordance with the terms of the Project Agreements. In compliance with the Proposal submitted and Project Agreements related thereto, the Concessionaire has agreed to provide performance guarantee to the Concessioning Authority in order to ensure the due and proper implementation of the Project; AND WHEREAS the Concessionaire is required to furnish the Concessioning Authority with a Performance Guarantee Bank of Rupees ______________ Only (INR _______) as security for due compliance with the Concessionaires obligations in accordance with the conditions of the Project Agreements; AND WHEREAS it is recognized by all concerned, that though the project is on commercial terms, nevertheless the project is also a work of Public interest. 2. KNOW ALL PEOPLE by these presents that We, the [name of Bank], having our registered office at [registered office address] and this branch office at
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3.
4.
5.
[branch office address], (hereinafter referred to as the Bank), do hereby give the Concessioning Authority, on behalf of the Concessionaire, such a Performance Guarantee in the form of a valid Bank Guarantee. The Bank hereby affirms that the Bank is the Guarantor and responsible to the Concessioning Authority, on behalf of the Concessionaire, upto a total of Rupees ______________ Only (INR _________) in case the Concessionaire commits breach of any covenants/conditions agreed with the Concessioning Authority in the Project Agreements or such other documents in respect of the Azhikkal Port Project. The Bank undertakes to unconditionally pay the Concessioning Authority, upon the first written demand from the Concessioning Authority, issued through a notice under Registered Post (explicitly understood as invocation of this Guarantee) forthwith and without demur, protest, objection or argument, any sum or sums within the limit of Rupees ____________ Only (INR ___________), as aforesaid, without the Concessioning Authority needing to show or prove any grounds or reasons for demanding the sum specified, and notwithstanding any difference of opinion between the Concessioning Authority and the Bank/ Concessionaire. It is always understood that the decision of the Concessioning Authority regarding breach of any condition or covenant by the Concessionaire is beyond dispute and shall always be binding upon the Concessionaire /Bank. For the purposes of this Guarantee, the Concessionaire includes the SPC, which is to be formed by the Concessionaire. In case of any delay by the Bank in remitting the amounts under the present Guarantee, the Bank within 15 days from the date of receipt of notice of demand from the Concessioning Authority, the Bank agrees to pay interest at the rate of 15% per annum compounded on quarterly rests from the date of demand, until the date of payment. The Bank hereby expressly waives the necessity of the Concessioning Authority demanding the said debt from the Concessionaire, before presenting the Bank with the demand. The Bank also agrees the Concessioning Authority shall be entitled to enforce this Guarantee against the Bank as a Principal Debtor, without proceeding against the Concessionaire and not withstanding any security or other Guarantee the Concessioning Authority may have in relation to the Concessionaires liabilities. The Bank agrees that no change/ addition/ alteration/ amendment/ modification to the terms of any document, contract or agreement between the Concessioning Authority and Concessionaire, or of the works to be performed under such contract or agreement, or in any obligation of the Concessioning Authority or Concessionaire, shall in any way, release the Bank from any liability under this Guarantee, and the Bank hereby waives notice of any such change/ addition/ alteration/ amendment/ modification.
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6.
7.
8.
9.
10. 11.
12.
13.
This Guarantee shall come into effect immediately upon being signed, sealed and delivered to the Concessioning Authority, and shall stand discharged at the end of the Construction Phase as defined in the License Agreement, subject to this clause. This Guarantee shall remain in full force and effect and shall not be revoked during the above period. Provided that the Bank undertakes to give notice to the Concessioning Authority, full thirty (30) days prior to the end of the validity of this Guarantee, and if such notice is not given, the validity of this Guarantee shall stand extended for a commensurate period after the (delayed) issue of such notice, and provided further that this Guarantee shall continue to subsist till the notice is given under this clause, and period thereafter are satisfied. The obligations of the Bank under this Guarantee shall be continuing obligations and shall not be satisfied, discharged or affected by any intermediate or on-account payment. The obligations of the Bank under this Guarantee are in addition to and not in substitution for any other security or guarantee which the Concessioning Authority may at any time hold for the performance of the Concessionaires obligations under the Project Agreements. Any enforcement or failure to enforce by the Concessioning Authority of any other such security or guarantee, shall in no way relieve the Bank from its obligations under this Guarantee. This Guarantee shall not be affected by any change in the constitution of the Concessionaire or the Bank. The neglect, forbearance or waiver of the Concessioning Authority in enforcement of payment of any moneys due to the Concessioning Authority by the Concessionaire, or the grant of any extensions of time by the Concessioning Authority to the Concessionaire for fulfilling its obligations, shall in no way relieve the Bank from its liability under this Guarantee. The Bank undertakes to pay to the Concessioning Authority any money so demanded, notwithstanding any dispute or disputes raised by the Concessionaire or the Bank, on any grounds whatsoever, and notwithstanding any suit or proceeding pending before any arbitration panel, tribunal or court. The liability under this present Guarantee is absolute and unequivocal. As an original and independent obligation under this Guarantee, the Bank shall keep the Concessioning Authority indemnified against any liability of whatever kind resulting from any of the Proposed Concessionaires obligations under the Project Agreements being or becoming void, voidable, unenforceable or ineffective against the Concessionaire (including, without limitation, all legal and other costs, charges and expenses incurred by the Concessioning Authority in connection with preserving or enforcing, or attempting to preserve or enforce, its rights under the Project Agreements). The Bank shall pay on demand the amount of such liability whether or not the
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14.
15.
Concessioning Authority has attempted to enforce any rights against the Concessionaire. Provided that the liability of the Bank under this Guarantee shall not exceed the said amount of Rupees ____________ Only (INR ___________) exclusive of interest payable on the amount demanded in the notice till the date of payment to the Concessioning Authority and interest thereon and it shall remain in force upto the completion of the Construction Phase as defined in the License Agreement. Any disputes concerning or under this Guarantee shall be subject to the jurisdiction of Civil Courts located in Thiruvananthapuram.
In witness whereof, we, the said Bank, have on this -- day of --, 2010, signed, sealed with the Common Seal of the Bank, and delivered: [Bank name and address] For and on behalf of the Bank [Authorized signatory] [Signatory designation] [Common Seal] In the Presence of:
Witness 1. 2. Name & Address Name & Address
Note to the Bidder: To be submitted by Proposal Due Date
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A-06 AzhkPort FinalRFP-Vol I Annexure-A Formats

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A-06 AzhkPort FinalRFP-Vol I Annexure-A Formats

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Development of Azhikkal Port with Private Sector Participation

August 2010 RFP Volume 1: Section 3 Formats for Submission

Stage 1- Qualification Criteria related

Annexure: 2 Annexure: 3 Annexure: 4 Annexure: 5

Annexure: 8 Annexure: 9 Annexure: 10 Checklist 1

Directorate of Ports : Govt. of Kerala

Development of Azhikkal Port with Private Sector Participation

August 2010 RFP Volume 1: Section 3 Formats for Submission

Stage 2:- Technical Bid related

Stage 3:- Financial Bid related

Annexure: 12 Annexure: 13 Annexure: 14

Directorate of Ports : Govt. of Kerala

Development of Azhikkal Port with Private Sector Participation

August 2010 RFP Volume 1: Section 3 Formats for Submission

Name (Company/Consortium) Signature

For e-tendering: this sentence shall be removed. 3 OF 52

Directorate of Ports : Govt. of Kerala

Development of Azhikkal Port with Private Sector Participation

August 2010 RFP Volume 1: Section 3 Formats for Submission

Directorate of Ports : Govt. of Kerala

Development of Azhikkal Port with Private Sector Participation

August 2010 RFP Volume 1: Section 3 Formats for Submission

Annexure 2 Clarification, Anomalies and Ambiguities

Directorate of Ports : Govt. of Kerala

Development of Azhikkal Port with Private Sector Participation

August 2010 RFP Volume 1: Section 3 Formats for Submission

Annexure 3 Cover Letter

Directorate of Ports : Govt. of Kerala

Development of Azhikkal Port with Private Sector Participation

August 2010 RFP Volume 1: Section 3 Formats for Submission

Directorate of Ports : Govt. of Kerala

Development of Azhikkal Port with Private Sector Participation

August 2010 RFP Volume 1: Section 3 Formats for Submission

Annexure 4 Details of Bidders

h. Key management personnel

Development of Azhikkal Port with Private Sector Participation

August 2010 RFP Volume 1: Section 3 Formats for Submission

Directorate of Ports : Govt. of Kerala

Development of Azhikkal Port with Private Sector Participation

August 2010 RFP Volume 1: Section 3 Formats for Submission

Annexure 5 Power of Attorney for Nomination of Lead Member of Consortium

Directorate of Ports : Govt. of Kerala

Development of Azhikkal Port with Private Sector Participation

August 2010 RFP Volume 1: Section 3 Formats for Submission

Directorate of Ports : Govt. of Kerala

Development of Azhikkal Port with Private Sector Participation

August 2010 RFP Volume 1: Section 3 Formats for Submission

Note to the Bidder: To be submitted as part of Proposal by Proposal Due Date as P4

Directorate of Ports : Govt. of Kerala

Development of Azhikkal Port with Private Sector Participation

August 2010 RFP Volume 1: Section 3 Formats for Submission

Annexure 7 Legal Opinion that the Consortium Agreement is Valid

Directorate of Ports : Govt. of Kerala

Development of Azhikkal Port with Private Sector Participation

August 2010 RFP Volume 1: Section 3 Formats for Submission

Annexure 8 Current Litigation Status

Directorate of Ports : Govt. of Kerala

Development of Azhikkal Port with Private Sector Participation

August 2010 RFP Volume 1: Section 3 Formats for Submission

Annexure 9 Statement of Qualification Form

Directorate of Ports : Govt. of Kerala

Development of Azhikkal Port with Private Sector Participation

August 2010 RFP Volume 1: Section 3 Formats for Submission

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