kamarajar port limited

Transcription

kamarajar port limited
KAMARAJAR PORT LIMITED
(Erstwhile Ennore Port Limited)
(A Mini Ratna Government of India Undertaking)
PROPOSAL DOCUMENT FOR PREPARATION OF
RAPID TECHNO-ECONOMIC FEASIBITLITY
REPORT FOR DEVELOPMENT OF
GREATER KAMARAJAR PORT
No.KPL/OP/GKP/2015
20th August 2015
INDEX
Clause
Description
Page
Disclaimer
6
Notice Inviting e -Tender
8
INTRODUCTION
17
1.1
Objective of TEFR
25
1.2
Scope of Consultancy Services
25
1.2.2.1
Traffic surveys and Demand assessment
27
1.2.2.2
Engineering surveys and investigations
28
1.2.2.3
Initial Environment Examination (IEE)
28
1.2.2.4
Preliminary designs
29
1.2.2.5
Project cost
30
1.2.2.6
Financial Analysis
30
1.2.2.7
IRR of the Project
31
1.3
Deliverables
32
1.4
Stages in Report Preparation
33
1.5
Specific requirements for the project
35
1.6
Pre-Bid meeting
35
1.3
Brief description of Bidding Process
37
1.4
Eligibility of Bidders
38
1.5
Proposals by Consortium
39
2.
OTHER TERMS & CONDITIONS
40
2.1
A. General
Bid Preparation Cost
40
2.2
KPL Right to Accept or Reject Bid
B. Documents
Contents of Bid Document
40
40
2.5
2.6
Amendment of Bid Document
C. Preparation and Submission of Bid
Language
Currency
2.7
2.8
Format and Signing of Bid
CONTENTS OF PROPOSALS
41
43
2.9
Bid Due Date
45
2.10
Late Bids
46
2.3
2.4
Preparation of Rapid Techno Economic Feasibility Report for
Development of Greater Kamarajar Port.
40
41
41
Page 2
Clause
Description
Page
2.11
Payment of Fees for Consultancy Services
46
2.12
Validity of proposal:
46
2.13
Time for Completion:
46
2.14
No Escalation
46
2.15
Change to submitted proposal
46
2.16
Scrutiny and Evaluation of proposals
46
2.16.1
Preliminary Scrutiny
46
2.16.2
Responsiveness of Proposals
47
2.17
Scrutiny of Technical Bid
47
2.18
Opening and evaluation of financial bid :
48
2.19
Award of Assignment / Services
48
2.20
Signing of Agreement:
49
2.21
Extension of Validity of proposal
49
3.
CRITERIA FOR EVALUATION
50
3.1
Qualification
50
Minimum Eligibility Criteria
50
Evaluation Technical Bid
51
Eligible Assignments
53
3.2.4(a)
Short-listing of Applications
53
3.2.4(b)
Evaluation of Financial of Bid
54
3.2.4(c)
Combined and final evaluation of Technical and Financial bid
54
3.2.5
Team composition
55
3.2.6
Approach & Methodology
56
Presentation
Successful Bidder
57
57
APPENDIX TO BID
58
3.1.1
3.2
3.2.3
3.3
3.4
4
GENERAL CONDITIONS OF CONTRACT:
4.1
Definitions and Interpretation:
59
4.2
Commencement and Completion of Assignment:
59
4.3
Care and diligence
59
4.4
Signing of Agreement:
60
4.5
Taxes & Duties:
60
4.6
Confidentiality
60
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Clause
Description
Page
4.7
Suspension
60
4.8
Termination
61
4.9
Procedure and Payment upon Termination
63
4.10
Force Majeure:
63
4.11
Responsibility of Consultant during the Assignment
64
4.12
Facility/ies to be made available to Consultants
64
4.13
Laws governing the Contract
64
4.14
Performance Security
65
4.15
Terms of Payment:
65
4.16
Completion Certificate:
66
4.17
Obligations of the Consultant
66
4.18
Standard of Performance
66
4.19
Conflict of Interests:
66
4.20
Consultant not to benefit from commissions, discounts etc
66
4.21
Consultant and Affiliates Not to Engage in Certain Activities
67
4.22
Prohibition of Conflicting Activities
67
4.23
4.23.1
Consultant‟s Personnel and Sub-Consultants
General
67
67
4.23.2
Description of personnel
67
4.23.3
Approval of Personnel
68
4.23.4
Removal and Replacement of Personnel
68
Appendix 1 – Application Letter
69
Appendix 2 – Corporate information of the Bidder
70
Appendix 2A – Financial Capacity of the Applicant
71
Appendix 3 – Eligible assignment details for experience
72
Appendix 3A – CV of Key Personnel
73
Appendix 4
–Specimen
Performance Security
bank
guarantee
for
75
Appendix 5 – Form of Agreement
78
Appendix 6 – Power of Attorney
80
Appendix 7 – MoU among consortium members
82
Appendix 8 – Power of Attorney for Lead member
of Consortium
85
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Annexure 1- Instruction for Online bid Submission
Annexure - 2 Generic Structure Of The Report
14
88
Annexure - 3 Draft Integrity Fact
91
Annexure 4 – FINANCIAL BID
Drawing - 1 Sketch of Existing Port
100
101
Drawing - 2 Port Limit and Bathymetry chart
102
Drawing - 3 Existing and Proposed berths
103
Drawing - 4
104
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Disclaimer
 The information contained in this Proposal Document or subsequently
provided to Applicants, whether verbally or in documentary or any other
form by or on behalf of the Authority or any of its employees or advisers, is
provided to Applicants on the terms and conditions set out in this and such
other terms and conditions subject to which such information is provided.
 This PROPOSAL DOCUMENT is not an agreement and is neither an offer nor
invitation by the Authority to the prospective Applicants or any other
person. The purpose of this PROPOSAL DOCUMENT is to provide interested
parties with information that may be useful to them in the formulation of
their Proposals pursuant to this PROPOSAL DOCUMENT.
 This PROPOSAL DOCUMENT includes statements, which reflect various
assumptions and assessments arrived at by the Authority in relation to
the Consultancy. Such assumptions, assessments and statements do not
purport to contain all the information that each Applicant may require.
 This PROPOSAL DOCUMENT may not be appropriate for all persons, and it
is not possible for the Authority, its employees or advisers to consider the
objectives, technical expertise and particular needs of each party who reads
or uses this PROPOSAL DOCUMENT.
 The assumptions, assessments, statements and information contained in
this PROPOSAL DOCUMENT, may not be complete, accurate, adequate or
correct. Each Applicant should, therefore, conduct its own investigations and
analysis and should check the accuracy, adequacy, correctness, reliability
and completeness of the assumptions, assessments and information
contained in this PROPOSAL DOCUMENT and obtain independent advice
from appropriate sources.
 Information provided in this PROPOSAL DOCUMENT to the Applicants is on
a wide range of matters, some of which depends upon interpretation of law.
The information given is not an exhaustive account of statutory requirements
and should not be regarded as a complete or authoritative statement of law.
Preparation of Rapid Techno Economic Feasibility Report for
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 The Authority accepts no responsibility for the accuracy or otherwise for
any interpretation or opinion on the law expressed herein. The Authority, its
employees and advisers make no representation or warranty and shall have
no liability to any person including any Applicant under any law, statute,
rules or regulations or tort, principles of restitution or unjust enrichment or
otherwise for any loss, damages, cost or expense which may arise from or be
incurred or suffered on account of anything contained in this PROPOSAL
DOCUMENT or otherwise, including the accuracy, adequacy, correctness,
reliability
or
completeness
of
the
PROPOSAL
DOCUMENT
and
any
assessment, assumption, statement or information contained therein or
deemed to form part of this PROPOSAL DOCUMENT or arising in any way
in this Selection Process.
 The Authority also accepts no liability of any nature whether resulting
from negligence or otherwise however caused arising from reliance of any
Applicant upon the statements contained in this PROPOSAL DOCUMENT.
 The Authority may in its absolute discretion, but without being under any
obligation to do so, update, amend or supplement the information,
assessment or assumption contained in this PROPOSAL DOCUMENT. The
issue of this PROPOSAL DOCUMENT does not imply that the Authority is
bound to select an Applicant or to appoint the Selected Applicant, as the
case may be, for the Consultancy and the Authority reserves the right to
reject
all
or
any
of
the Proposals without assigning any reasons
whatsoever.
 The Applicant shall bear all its costs associated with or relating to the
preparation and submission of its Proposal including but not limited to
preparation, copying, postage, delivery fees, expenses associated with any
demonstrations or presentations which may be required by the Authority or
any other costs incurred in connection with or relating to its Proposal. All
such costs and expenses will remain with the Applicant and the Authority
shall not be liable in any manner whatsoever for the same or for any other
costs
or other expenses incurred by an Applicant in preparation or
submission of the Proposal, regardless of the conduct or outcome of the
Selection Process.
Preparation of Rapid Techno Economic Feasibility Report for
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KAMARAJAR PORT LIMITED
Tender No.KPL/OP/GKP/2015
NOTICE INVITING GLOBAL COMPETITIVE BIDS
To
THE BIDDERS
Sub:
Preparation of Rapid Techno-Economic Feasibility Report for
Development of Greater Kamarajar Port – Reg.
Kamarajar Port Limited (erstwhile Ennore Port Limited) invites International
competitive offers from well experienced, reputed National & International
organizations/firms to prepare a Rapid Techno-Economic Feasibility Report
for Development of Greater Kamarajar Port through e procurement mode.
Sl.No
1
2
3
4
5
6
7
8
Particulars
Period of downloading
Bidding document
Receiving Queries /
Clarifications
Pre-proposal Conference –
Time, Date and Place
Authority Response to
Queries
Commencement of
uploading the document
Last date & Time for
submission of bids
Time, Date and Place of
opening Technical Bid
9
10
Time, Date and place of
opening Price Bid
Cost of Tender Document
Earnest Money Deposit
11
Period of service
Event Date
20.08.2015 to
22.09.2015
Up to
By 17.00 hrs
02.09.2015
03.09.2015
11.00 hrs at KPL Port
Admin
Building,
Vallur Post, Chennai120.
08.09.2015
09.09.2015
22.09.2015
By 15.00 hrs
23.09.2015
By 15.30 hrs at KPL
Port
Admin
office
Vallur,
Chennai
600120
Will be intimated later.
Rs. 10,500/- inclusive of 5% VAT
Rs.2, 00,000/- (Rupees Two Lakh
only) in the form of Demand Draft /
Banker's Cheque drawn in favour of
Kamarajar port Limited, Chennai.
6 months
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1.
The " Rapid Techno-Economic Feasibility Report for Development of
Greater Kamarajar Port" shall be prepared in accordance with the latest
Guidelines of Government of India which should cover the aspects such
as background, aim of assignment, scope of detailed project, problems to
be addressed, project objective, target beneficiaries, project strength, legal
frame work, Environmental Impact Assessment, technology issues,
management arrangements, means of financial and project budget, time
frame, risk analysis, financial and economic analysis etc., pertaining to
the project.
2.
The time frame allowed for preparation and submission of the reports in
stages and the payment schedule are given in the table below.
Sl.No
Report
Time frame
Payment as % of
the bid amount
1
2
Submission
Presentation
of
Inception Report
Submission
Presentation
of
Interim Report
and
the
and
the
3
Submission
and
Presentation of the Draft
Report
4
Submission
and
Presentation of the Final
Report
15 days from the
date of award of
the work
Within 90 days
from the date of
approval of the
Inception report
Within 60 days
from the date of
approval of the
interim report
Within 15 days
from the date of
approval of the
draft report
10%
acceptance
after
30%
acceptance
after
30%
acceptance
after
15%
submission
15%
acceptance
on
after
Note: Each payment will be made only on acceptance of the respective
r e p o r t by the authority in Indian Rupees
3.
Time for Completion
The whole assignment has to be completed in a maximum period of 180
days from the Seventh day after the date of issue of work order.
4.
Terms of Reference
The Terms of Reference drawn on the above study is detailed in the
proposal document.
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5.
Taxes & Duties
The selected Consultant shall pay all taxes, levies, duties which they
may be liable to pay to State Govt. of Tamilnadu and Government of
India or other authorities under any law for the time being in force in
respect of or in accordance with the Preparation of TEFR. The Consultant
shall further be liable to pay such increase in the taxes, levy, duty etc.,
under the existing law or which may be liable as a result of
introduction of any law. Increase in taxes, levy, duty etc., or imposition
of new taxes, levy, duty etc., shall not be ground or an excuse for not
completing the Assignment within stipulated time nor a ground or an
excuse for claiming any extra or additional costs nor a ground or an
excuse for extension of time for completing the Preparation of TEFR. All
such payments to be made by the Consultant are deemed to have been
included / considered while quoting your offer.
a.
Income Tax
Income Tax and surcharge as applicable will be deducted at source by
Kamarajar Port in accordance with Income Tax Act at the rate applicable
from time to time and in accordance with instruction issued by
INCOME TAX Authorities on this behalf from time to time. The
consultant shall furnish his PAN details or a copy of Income Tax
exemption certificate if any.
b.
Service Tax
The firm shall furnish Service Tax registration Number and copy of
certificate of registration duly attested by Notary.
It is requested to quote the offer in Rupees only, for the above study. The
total amount to be quoted by you shall be inclusive of all taxes (except
Service Tax), incidentals, overheads, printing and binding of reports,
expenditure related to presentations to be made during the execution of
the assignment, boarding & lodging, travelling expenses, soft copy of the
TEFR in the form of CD or DVD, sundries, all other items involving
expenditure for execution of this assignment.
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6.
Earnest Money Deposit (EMD)

The EMD of Rs. 2,00,000/- (Rupees Two Lakhs only) shall be paid
as described in the Tender Document.

The EMD shall be submitted in the form of Demand Draft /
Bankers Cheque / Pay Order from Nationalized Bank / Schedule
bank in favour of “Kamarajar Port Limited” payable at Chennai.

The proof of EMD shall be uploaded as a scanned copy of the
instrument through e-procurement mode under the
Tender
Document
tender
–
Tender
fee
details
while
submitting
electronically in the e-procurement portal. The original EMD must
reach Kamarajar Port Limited in corresponding address before
opening of Technical Bid as per the date and time given in this
tender. Mere uploading of EMD document in the portal and nonsubmission of the original EMD at the address given below before
the Technical Bid opening date & time will lead to rejection of bids.
General Manager (CS & BD),
Port Administrative Building,
Kamarajar Port Limited,
Chennai - 600120.
7.
Performance Security
A sum worked out on the basis of 10% of the accepted value of offer shall
be deposited by the selected firm towards Performance Security in the
form of Demand Draft (OR) irrevocable Bank Guarantee (As per Appendix
4) from a Nationalized Bank within 15 days of the date of work order/
Letter of Acceptance or before commencement of study whichever is
earlier. However, the Employer/Engineer may relax the time limit of 15
days and extend the time limit by further period as deemed fit in
extraordinary circumstances for the reasons recorded by him. If the
Performance Security Deposit is not deposited in time as prescribed
above, the work order shall stand cancelled automatically and the
Earnest Money Deposit shall also stand forfeited. The performance
security will remain in force throughout the period of contract and will be
refunded after acceptance of Final Report by the Authority. The
Performance Security will not bear any interest
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8.
Compensation for Delay
If the consultant fails to complete the contract or submit the Final TEFR
within the time specified as said under Sl.No.4 of this or within the
extended time that may be allowed by the Employer, the consultant
shall pay or allow to the Board to deduct a sum of equivalent to 1% per
week or part thereof the total value of the contract subject to a maximum
of 10% of the total accepted value of contract
as liquidated and
ascertained damage and not by way of penalty, beyond the said period
or extended period as the case may be during which the work remain
unfinished. The liquidated damage will be deducted from any money
due or become due to the consultant. The payment of such liquidated
damage shall not relieve the contractor of his obligations to complete
the assignment or from any other of his obligations or liabilities under
this contract.
9.
Validity of Offer
The offer (both Techno-Commercial & Price) must be valid for a minimum
of 120 days from the last date of online submission of offer oterwise the
offer shall be rejected as non-responsive.
10.
The Last date and time for the submission of offer through eprocurement mode is 22.9.2015 at 15.00hrs. The offer received after the
due date and time will not be acce pted / considered by e-procurement
mode system.
11.
The detailed terms of reference, tender documents are available in
Kamarajar Port website www.ennoreport.gov.in and e portal website. The
downloaded document shall accompany the cost of tender document
Rs.10,500/-inclusive of VAT 5% in the form of Demand Draft drawn in
favour of Kamarajar Port Limited and payable at chennai. The payment of
cost of tender document in any other form will not be accepted. The offer
without EMD and the cost of tender document will not be considered.
12.
KPL reserves the right to reject any or all the offers without assigning
any reason thereof.
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13.
This form shall form the part of the contract. For any details
/clarifications contact
General Manager (CS & BD)
Kamarajar Port Limited
Phone: 044-27950030-40
Fax:
044 – 2795002
Email : [email protected]
[email protected]
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Annexure -1
INSTRUCTIONS FOR ONLINE BID SUBMISSION
Bidders to follow the following procedure to submit the bids online through
the e-Procurement portal http://eprocure.gov.in.
The bidder shall obtain e-token from a licensed Certifying Authority of National
Information Centre (NIC) such as MTNL / SIFY / TCS / nCode / eMudhra to get
access for Online Bid Submission through the e-procurement site
http://eprocure.gov.in.
(i)
Bidder should do the registration in the tender site using the “Click here
to Enroll” option available.
(ii)
Bidder can use “My Space” area to update standard documents in
advance as required
for various tenders and use them during bid
submission. This will facilitate the bid submission process by reducing
time.
(iii)
Bidder should read the tenders published in the site and download the
required documents / tender schedules for the tenders.
(iv)
Bidder then logs into the site by giving the user id/password chosen
during registration and password of the DSC/e-token.
(v)
Only one DSC should be used for one bidder. If a bidder uses more than
one DSC token, the bid would summarily be rejected.
(vi)
Bidder should read the Tender schedules carefully and submit the
documents as per the Tender.
(vii)
If there are any clarifications, the same may be clarified during the prebid meeting.
(viii)
Bidder should take into account the corrigenda/addendum, if any
published before submitting the bids online
(ix)
Bidder must in advance prepare the bid documents to be submitted as
indicated in the tender schedule and they should be in the required
format. If there are more than one
document, they can be clubbed
together.
(x)
Bidder selects the tender which he is interested using search option &
then moves it to my favourite’s folder.
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(xi)
From the folder, appropriate tender can be selected and all the details
can be viewed.
(xii)
The bidder should read the terms & conditions and accept the same to
proceed further to submit the bids.
(xiii)
The Bidder has to select the payment option as offline to pay the EMD
and tender document cost as applicable.
(xiv)
The details of the DD instrument / any other accepted instrument,
physically sent, should tally with the details available in the scanned
copy and the data entered during bid submission time. Otherwise the bid
submitted will not be acceptable.
(xv)
The bidder has to enter the password of the DSC / e-token and the
required bid documents have to be uploaded one by one as indicated.
(xvi)
The bidder has to submit the relevant files required as indicated in the
cover content. In case of any irrelevant files, the bid will be rejected / will
not be accepted by the system.
(xvii) The tendering system will give a successful bid updating message and
then a bid summary will be shown with the bid no., the date and time of
submission of the bid and all other relevant details. The bidder has to
submit the relevant documents required
as
indicated
in
the
cover
content. In case of any irrelevant files, the bid will be rejected.
(xviii) The bid summary has to be printed and kept as an acknowledgement as
a token of the submission of the bid.
(xix)
The bid summary will act as a proof of bid submission for the subject
tender and will also act as an entry point to participate in the bid opening
date.
(xx)
For any clarifications regarding the Tender, the bid number can be used
as a reference.
(xxi)
Bidder should log into the site well in advance for bid submission so as to
submit the bid in time (i.e.) on or before the bid submission time. If there
is any delay, due to other issues, bidder only is responsible.
(xxii) Each document to be uploaded online for the tenders should be less than
2 MB. If any document is more than 2MB, it can be reduced by scanning
at low resolution and the same can be uploaded.
(xxiii) The time settings fixed in the server site & displayed at the top of the
tender site, will be valid for all actions of requesting, bid submission, bid
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opening etc., in the e-tender system. The bidders should follow this time
during bid submission.
(xxiv) All the data being entered by the bidders would be encrypted using PKI
encryption
techniques to ensure the secrecy of the data. The data
entered will not be viewable by unauthorized persons during bid
submission & cannot be viewed by any one until the prescribed date &
time of bid opening.
(xxv)
The confidentially of the bids would be maintained. Secured Socket Layer
128 bit encryption technology is used. Data storage encryption of
sensitive fields is done.
(xxvi) Any document that is uploaded to the server is subjected to symmetric
encryption using a generated symmetric key. Further this key is
subjected to asymmetric encryption using buyer’s public keys. Overall,
the submitted tender documents become readable only after the tender
opening by the authorized individual.
(xxvii) For any queries, the bidders are asked to contact by mail [email protected]
or by phone
1-800-3070-2232, Mobile No. 91-7878007972 and 91-
7878007973 well in advance.
(xxviii) Tenderer is required to submit their tender through online in the form of
Two Cover System on or before schedule bid due date of closing and time
as notified in NIT. The tender received after the due date and time will not
be entertained.
(xxix) Tender Document can be submitted online only in the designated eprocurement portal eprocure.gov.in on or before the due date and time.
The time of opening of technical bid will be as notified in the NIT.
(xxx) Tenderer should submit the tender as per specification of work, drawings
and in accordance with the instructions to bidders, General Conditions of
Contract
Preparation of Rapid Techno Economic Feasibility Report for
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INTRODUCTION
GENERAL DETAILS ABOUT THE KAMARAJAR PORT
1.0
Background
Kamarajar Port Limited (KPL) (The “Authority”), erstwhile known as Ennore Port
Limited, was established as a major port by a notification under the Indian Ports
Act, unlike the other eleven major ports established under Major Port Trust Act. It
is registered under Companies Act for its governance, while the other major ports
are governed by the same Major Port Trust Act. Thus having brought under the
corporate governance, it enjoys greater degree of freedom compared to its
counterpart ports. KPL has a Board of Directors consisting of full time and part
time Directors.
It was notified in the Government of India Gazette in March 1999 and was
incorporated as a company in October 1999. After construction the port was opened
for operation in February 2001. Since its commencement, the port was achieving a
steady progress and during the year 2014-15, the port handled 30.24 million tons
of cargo compared to its volume of 3.40 million tonnes in 2001-02. The details of
cargo handled during the last five years are given under.
(In Million Tonnes)
Cargo
2.0
2010-11
2011-12
2012-13
2013-14
2014-15
Coal TNEB
8.87
9.62
9.88
14.07
15.13
Coal Others
0.50
3.49
5.05
8.42
9.22
POL
0.59
0.60
1.22
2.43
3.31
Iron ore
0.40
Nil
Nil
Nil
NIL
Other cargo
0.65
1.25
1.74
2.42
2.58
Total
11.01
14.96
17.89
27.34
30.24
Growth
At the planning stage the port was conceived as a satellite port to Chennai Port.
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As the project took shape and the construction work was in progress, the
Government saw a big potential for its growth and hence took decision to
establish it as an independent major port. True to the forethought, the port
which commenced its operation with two dedicated coal berth for TNEB, has
added four berths in the span of 10 to 12 years and two more berths are under
construction. Work will commence shortly for two more berths. The port which
was looked upon initially as a mono commodity coal port to serve the interest of
TNEB, has over the period developed as a multi cargo port and has today has
created facilities for handling liquid bulk, iron ore, automobiles and general
cargo. When the ongoing schemes get completed, it will commence the handling
of containers, heavy project cargo and LNG. The port is poised for a greater
growth in the years to come.
3.0
Port capacity
Having built as a deep draft port at the initial stage with a depth of (-) 15 m at
the dock basin to cater to panama size ships, the port has subsequently
undertaken the dredging work to deepen the basin to a depth of (-) 18 m. The
port can handle vessels of capsize with this depth.
The six berths which are in operation at present with the capacity of each berth
are given below.
S.N
Details
o
the berth
of
No. of
Built by
berth
Operated
Berth
by
length
Depth
Capacity
Capacity
in MTPA
in
MTPA
Revised
1
2
3
4
5
Coal for
TNEB
Coal for
common
user
Marine
Liquid
Terminal
Iron ore
for
common
user
General
cargo
berth
Total
1
2
KPL
TNEB
560m
(-)15m
12
18
1
CICT
CICT
325m
(-)15m
8
9
1
KPL
ETTPL
360m
(-)15m
3
4
1
SICAL
SICAL
347m
(-)15m
6
6
275m
(-)12m
KPL
KPL
6
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1
3
30
40
Page 18
The details of the project which had been awarded and the work is in progress, are
given under.
Sl.
Details
No.
berth
of
the
No. Of
Built by
berth
To
be
Operated
Berth
Depth
length
Capacity in
MTPA
by
1
2
3
4
5
6
Container
terminal
Multipurpose
cargo
Coal for TNEB
(3rd)
Coal for TNEB
(4th)
LNG terminal
2
AECTPL AECTPL
730 m
(-)16m
1
CIBTPL
CIBTPL
270m
(-)16m
16.8
(1.4
m TEUs)
2
1
KPL
TNEB
354m
(-)20m
9
1
KPL
TNEB
342m
(-)20m
9
1
IOCL
IOCL
360,
5
CICT
CICT
348
(-)15m
BCD
(-) 15 m
Upgradation of nil
common user
coal berth 1
Total
6
3
44.8
Say 45
The port is also planning some more berthing facilities, which are given below.
Sl.
Details
of No.
No.
the berth
berth
1
Multipurpose
1
Of Built
by
Operated
Berth
by
length
Depth
Capacity
in MTPA
3
cargo ( Car )
2
Captive Bulk 1
12
cargo
3
Development
1
5
of 2nd MLT
4
Conversion of nil
6
iron ore into
coal berth
Total
3
26
The three tables above indicate that the port’s present capacity is 40 million tons.
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With the completion of the ongoing projects, the port will add 45 million tons. If
the projects under planning also materialises, they will add another 26 million
tons. Thus by 2020, when all the projects go on stream, the port capacity would
have exceeded 100 million tons mark and the figure will be 111 million tons.
Thus by 2020, with the crossing the 100 million tons mark, the port will
turn into a MEGA PORT. It is to be noted that if this becomes the reality,
then perhaps the achievement would be unparallel as the period taken to
achieve this feet would be just 20 years.
4.
Port development – Present
For the development of the port over the years, there had been number of studies
carried out to set the path for the growth. The following are the reports which are
important for the present study.
Sl.No.
Details of the Report
Year
Prepared by
1
Development of Ennore port
Haskoning
2
Master plan 2006
2006
EPL (in house)
3
Business plan
2007
HPC
4
Updated Master plan
2010
EPL (in house)
With the indications that the port may reach 100 million marks with 14 or 15
berths, the port considers that the existing port will start saturating and efforts
have to be made to identify the areas of growth and plan the port development
accordingly. In tune with this thinking, the port wants to explore the possibility
of developing a greater port on the northern side of the existing port.
5.0
Port development – Future
An area of approximately 40 to 50 hectares of land is available on the northern
side of the northern breakwater butting the shoreline. The water front available is
approximately 1870 m of length. A sketch showing the existing port and the area
available for the proposed greater port and the adjoining Kattupalli port built and
operated by L&T is enclosed as Drawing 1. A chart giving the details on the port
limits and the bathymetry is enclosed as Drawing 2. The chart shows that the
port limits towards sea side extends to nearly 10 nautical miles. Drawing 3 gives
Preparation of Rapid Techno Economic Feasibility Report for
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the details on the existing and proposed berths and their location. All the three
sketches/drawings will
give a fair idea of the existing berthing and other
infrastructural facilities, land use plan for the present port and the extent of land
and waterfront available for the proposed Greater Kamarajar Port (GKP)
The Consultant is expected to study the existing port and its activities, present
and the future, the land and waterfront available for the proposed port and give
the plan for development of GKP. While carrying out the study, the consultant
may consider the following.
i)
the availability of land at the water front
ii)
the availability of land within the existing port custom bound area
iii)
the availability of land outside the custom bound area of the existing port
iv)
the availability of land in the vicinity of the port
This exercise is to explore to what extent the land could be acquired for the
exclusive use of the GKP. A detailed Terms of Reference (TOR) is described in this
report in succeeding part
6.0
Location and Connectivity
Kamarajar Port is located 20 kms north of Chennai. The Port is connected to the
National Highways NH 4, NH 5 and NH 45. Kamarajar Port is connected to the
trunk routes of Indian Railways at Attipattu and Attipattu Pudunagar Stations
located in the Chennai-Gudur section of the Southern Railway on the ChennaiDelhi/Kolkata routes.
7.0
Geography
Kamarajar Port is located on the east coast of the Indian peninsula known as
the Coromandel Coast in the Bay of Bengal and is situated 2.6 km north of
the Ennore creek. Being coastal and situated on the thermal equator zone, the
port experiences minimal variations in seasonal temperature ranging from a
maximum of 38–42 °C in summer to a minimum of 18–20 °C in winter. The
weather is hot and humid for most of the year, and the region features a tropical
wet and dry climate. The northeast monsoon winds bring seasonal rainfall in the
region from September to December, and occasionally cyclones. The annual
rainfall in the region is about 1400 mm (55 in). The most prevailing winds are the
southwesterly between April and October and the northeasterly during the rest of
the year. The port is located on a region that falls under Seismic Zone
III indicating a moderate risk of earthquake. The Ennore creek in the south
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separates the port from the town of Ennore. Shoreline changes around the region
have resulted in the closure of the creek mouth by a sand bar
8.0
8.1
SITE INFORMATION
Party's Responsibility
The information supplied hereinafter and provided elsewhere is given in good
faith but the party shall satisfy himself regarding all aspects of weather,
metrological, wind, waves, tides, currents, geological and other relevant data site
conditions and no claim will be entertained due to any error or deficiency on the
plea that the information supplied by the Employer is erroneous or insufficient.
8.2
Datum:
The datum to which all levels shall be referred for the purpose of the Project is
the Chart Datum (0.000) which is 0.60 m below mean sea level.
a.
Wave Climate around Kamarajar Port
National Institute of Ocean Technology (NIOT) has deployed a wave rider buoy
(Sea Watch Buoy) off Chennai Port at the water depth of 16.0 m as a part of
measuring met-ocean parameters. The buoy could measure ocean waves and
currents for a part of 1998 during which no cyclones crossed along the Chennai
coast. After making interpolation for unavailable data and correction for
calibration based on visual observations, wave climate for the year 1998 was
generated.
From this data, monthly mean values of wave parameters are
estimated and these values are given below:
Month
(1998)
Significant
wave
Height (M)
0.9
1.1
0.9
1.3
1.6
1.5
1.0
1.1
1.2
1.1
1.0
1.4
Significant
Period (s)
Wave Direction
from True North
(Degrees)
90
115
135
135
135
135
135
135
135
115
90
90
January
8.1
February
8.2
March
8.3
April
9.5
May
10.8
June
11.1
July
10.4
August
11.0
September
11.0
October
9.8
November
8.6
December
8.4
Notes:
1. 900 from True North
= Waves approach from East
3 1150 from True North = Waves approach from East of South East
4 1350 from True North =
Waves approach from South East
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b.
Tides
The tides at Kamarajar port are semi-diurnal having two peaks and two lows in
every day and in every duration between new and full moon days (spring and
neap).
Tide level changes continuously.
Tide levels at Chennai Port are
continuously measured. Ennore is only 20 Km. away along the coast from
Chennai Port. In view of close proximity to Chennai, it can be assumed that there
are no variation in tides and its predictions from Chennai Port for Kamarajar Port.
With this assumption, the different levels of tides at Kamarajar port are given
below:
Description
Height
Highest High Water
+ 1.50
Mean High Water Springs
+ 1.10
Mean High Water Neaps
+ 0.80
Mean Sea Level
+ 0.65
Mean Low Water Neaps
+ 0.40
Mean Low Water Springs
+ 0.10
(in m)
Lowest Low Water
- 0.10
c.
Currents
The direction of the current during the North-East monsoon, (mid October to midJanuary) is directed southwards and in the South-West monsoon, (mid April to
mid-August) the current is directed northwards. The currents in the coastal zone
are approximately 0.15m/sec to 0.25m/sec. NIOT has measured currents at
Kamarajar Port for three seasons for a period of 30 days at a water depth of 10m.
The flow is parallel to the coast and the direction changes from south to north at
the end of North-East monsoon.
Min.
Max.
Season
Period of observation
Mean (m/sec)
(m/sec)
(m/sec)
1
18 -02-99 to 19-03-99
0.01
0.39
0.22
2
28-05-99 to 05-06-99
0.05
0.42
0.28
3
d.
e.
f.
g.
14-12- 99 to 21-2- 99
0.09
0.46
0.25
Swells
During northeast monsoon period (October to January) the swells in the sea
outside the harbour vary from 0.91 to 1.22 m and during southwest monsoon
(April to June) 0.61 to 0.91 m.
Fog
January
to
March:
1
day
April to September free from Fog.
Visibility:
The visibility in Ennore area is more than 20 kms for the major part of the year,
occasionally extending to 50 kms. On an average, visibility is between 4 and 10
km on 40 days per year and less than 4 kms on 4 days per year.
Monthly density:
Mean value for harbor waters -1.020 to 1.021 gm / ml
Mean density value of
Adjoining Coastal water
1.025 gm. / ml
}
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h.
Properties of Shore and Bed Materials:
Wet soil Specific Gravity
: Ranging from 1.50 to 1.80
Grain size
: Range between 60 to 200 microns
Grain Density
: 1.40 to 1.80 gm /ml
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Terms of Reference
1.1
Objective of TEFR:
The main objective of selection of the Consultant is to prepare “Rapid
Detailed Techno-Economic Feasibility Report for Development of
Greater Kamarajar Port” for determining the technical feasibility and
financial viability of the Project. A decision has been made to seek high
quality external consulting help for the purposes of preparing a Rapid
Feasibility Study for Greater Kamarajar Port to be conducted by Kamarajar
Port. This document seeks to outline suggestions on what the exercise will
cover, how it will be executed and how it will be bid out to consulting firms.
Based on the conclusions of the Rapid Feasibility Study, a Detailed Project
Report would need to be prepared.
The components of objective of this assignment is
a) To study the long term vision of the maritime sector, global and the
country
b) To assess the long term potential of port development of the country as a
whole and the southern region in particular.
c) To assess the various cargo traffic potential for the southern region and
for the port
d) To develop a vision for the future and translate it into the growth
potential for the port
e) To outline the strategy for achieving the proposed development
1.2.
Scope of Consultancy Services
1.2.1 The scope of work for that is to be carried out by the consultant is
a) To study the present status of the development at KPL and the proposed
developments under various time horizon
b) To study the report prepared by various consultants on the development
of the port
c) To study the economic, industrial, agricultural development of the
country and the region
d) To assess the likely cargo traffic for the port in broader terms
e) To study the future development of the maritime sector, in terms of the
ship size, ship building, cargo handling methods, newer technology
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emerging to improve the efficiency, technological improvements in port
construction, automation of operation etc.
f)
To examine the connectivity issues with the proposed port
g) To carry out preliminary assessment of the environmental impact on the
proposed project
h) To study the developments plans of the other ports in the region and
assess their vulnerability in competing with the proposed port
i)
To develop a vision plan clearly identifying the potential cargo for the port
and their growth. The plan should have a 20 years horizon commencing
from 2020 and ending at 2040
j)
To integrate the vision plan with the existing port
k) To draw out a road map for the port development. Such a map should
contain the following
i)
Cargo suit, their projection and growth
ii)
Phasing of the development
iii)
A chart giving the activities with mile stones for the entire time
frame
iv)
Application of the technological innovation in cargo handling
methods
v)
l)
Block estimate of the various projects planned
Three alternative plans for development shall be given with analysis on
each of them and arriving at the most optimal alternative
m) A port layout plan giving the layout of the facilities and the internal
physical logistic plan comprising of connectivity with all the three modes
of road, rail and water
n) A clear map showing the port connectivity under three modes of road,
rail and water along with the actions to be taken by various authorities to
provide them. The present form of joint ventures, PPP routes and any
other modes of providing them shall be examined, analysed and most
suitable and practically possible solution shall be recommended
o) A clear strategy for development taking into consideration the present
routes available route of PPP, Joint venture, management contract, full
privatization and any other forms available on date. The strategy should
aim to minimise the risk to various players and at the same time provide
a win- win situation to all players. The strategy should clearly identify all
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the risks involved and provide a framework on which all the stakeholders
will share the risks.
p) The report should give its findings on preliminary study on likely
environmental impact and the possible mitigate measures
q) The requirement of the Special Economic Zones (SEZ), Industrial park,
warehouses, cargo consolidation and distribution centres shall be
identified which will together with the port form a mega Logistic Hub. The
sizing of such facilities, the requirement of land and the possible
locations for development of these facilities shall be provided
r) Any subsidiary facilities such as ship repair, container repair, bunkering,
port technology development and research or any other similar facilities
shall be recommended if they would enhance the competitive edge of the
port
s) A broad outline of key personnel with the proposed innovative
organisational structure shall be given
t) It should be kept in mind that the entire exercise is to build the GKP as a
state of the art, highly automated modern port with facilities and
performance on par with any top global port.
1.2.2
1.2.2.1
Some of the services are briefly explained hereunder
Traffic (cargo) surveys and demand assessment
a) The Consultant shall make an assessment of the traffic demand for
various cargoes for the Project facility for a period of 5 (Five) years,
10 (ten) years, 20 (twenty) years and 30 (thirty) years respectively
based on analysis of commodity wise traffic trend, traffic growth and
growth in the influence area of the Project. Appropriate annual growth
rate of traffic cargo shall be assumed. Any variation would have to be
justified
with
reasons,
including
analysis
of past trends. The
Consultant shall submit a Report on the traffic volume w i t h an
analysis of various assumptions.
b) Traffic forecast shall consider the proposals / developments with
respect to the proposed project influencing area.
c) Based on the assessment of the traffic and demand of the Project, the
Consultant shall provide a broad assessment of the need for the
project.
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d) The Consultant shall also provide sensitivity analysis due to change in
assumption of traffic projections.
1.2.2.2
Engineering surveys and investigations
i.
Identify the suitable location and layout of the proposed project facility.
ii. Identify the facilities required for the project facility based on the traffic
(cargo) volume forecasting.
iii. Estimate the land requirements for the project facility considering the
availability, and time frame for acquiring land etc.
iv. Preliminary Hydraulic data with a view to check the adequacy of the
proposed project facility. A set of cross sections of the existing and
proposed facility.
v. These cross-sections along with land requirement plan and preliminary
design shall form the basis of preparation of indicative BOQ for the
Project facility.
vi. The Consultant shall undertake topographic survey of the Project,
identify geometric improvements required, new facility and other
structures and finalize the location and size of the proposed project
facilities and services. The Consultant shall finalize the location and
other particulars after taking into account the comments of the
Authority on the location and size. The work of preparing crosses
sections and Land Plans, etc. shall be undertaken based on the
finalized alignment.
1.2.2.3
Initial Environment Examination (IEE)
IEE should be carried out as part of this TEFR. Thus it can assure
that
the Project
will
be
environmentally
feasible.
The
general
objectives of IEE study should at least cover the following:
a)
to provide information about the general environmental settings
of the project area as baseline data.
b)
to provide information on potential impacts of the project and the
characteristic of the impacts, magnitude, distribution and their
duration.
c)
to provide information on potential mitigation measures to
minimize the impact including mitigation costs.
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d)
to provide basic information for formulating management and
monitoring
plan.
The
present
study
shall
deal
with
the
Environmental issues related to the Project in order to assess the
likely impact. IEE shall be conducted within the short time
available. The study shall mainly depend on secondary data on
physiological condition of the area. Field verifications shall be
undertaken by the study team for updating the secondary data if
necessary. The
predictions
of
data collected
the
possible
shall
impact,
be
analyzed
based
on
for
the
which
an
Environmental Monitoring Plan (EMP) shall be prepared.
The indicative outline of the IEE report is as follows:
A.
Introduction.
B.
Description of the Project.
C.
Description of the Environment.
D.
Screening of Potential Environmental Impacts and Mitigation
Measures.
1.2.2.4
E.
Institutional Requirements and Environmental Monitoring Plan.
F.
Findings and Recommendation
G.
Conclusion.
Preliminary designs
The Consultant shall arrive at the preliminary designs of various
components of the Project keeping in view the requirements of the
Authority and Generic structure of the TEFR as published by
Ministry of Finance and the scope of services described in this
document. Consultant shall be responsible for the accuracy of the
physical details such as alignment, including safety devices, utilities,
service lines, structures, evacuation of cargo, etc. The layout and
preliminary designs shall be supplemented with explanatory drawings,
statements, charts, notes as necessary.
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1.2.2.5
Project cost
The Consultant shall work out indicative BOQ of various components
and prepare rough cost estimates of the Project with a break up of
cost for each component separately cost towards rail and road network
should also be indicated. To the construction cost so arrived at, the
Consultant may add appropriate percentage thereof as a lump sum
provision
for
physical
and
price
contingencies,
interest
during
construction and other financing costs, preconstruction expenses etc.
1.2.2.6
Financial analysis
i.
Detailed financial analysis is required to be undertaken by
the Consultant. However, the Consultant shall provide the
estimated construction costs, operation and maintenance costs,
traffic forecast, revenues etc., as part of its financial analysis and
appraisal of the Project. The Consultant shall, also provide an
assessment of the financial viability of the Project with a view
to estimating the likely Internal Rate of Return (IRR) over a
concession period of 20 (twenty) years, 25 (twenty five) years
and
30
(thirty)
years
respectively. It
shall
also
provide
assistance during the Process of obtaining approval from the
Ministry of Shipping / Government agencies. The Consultant
shall make realistic assumptions about the traffic projections and
the resulting revenue streams with a view to making an
assessment of the capital cost that can be sustained by such
revenues. For this purpose, the Consultant shall undertake
thorough
traffic
assessment
assessment and a topographic
improvements
and
survey
demand
to
and
identify
capacity
geometric
required etc. The project components should be
so formulated as to make the project viable. In determining its
aforesaid strategy, the Consultant shall also seek the advice of
the Authority. In the event that a viable project does not
seem feasible, the Consultant shall not proceed with the
Consultancy and the same shall stand terminated.
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ii. While undertaking the financial analysis and projecting the
IRR, the following assumptions shall be adopted:
a. Capital
cost
shall
be
adopted
as
per
estimates
of
construction cost to which appropriate per cent shall be
added for physical and price contingencies, interest during
construction, other financing costs etc;
b. debt equity ratio may be assumed appropriately
c. O&M costs may be assumed as per norms of the Authority;
d. the construction period may be fixed by reference to the year
in which the projected traffic would be expected to be
handled in the Project ; and
e. appropriate growth rate of traffic may be assumed per
annum.
iii. The Consultant shall:
a.
calculate the Net Present Value (NPV) and IRR (Project and
Equity) for the project, for the Authority and for the selected
Concessionaire for the Project. Should undertake sensitivity
analysis
by
identifying
the
most
critical
factors
and
determine their impact on the IRR, including varying project
costs
and
benefits,
implementation
period,
and
combinations of these factors; and
b.
conduct a risk analysis (using the Monte Carlo method) by
considering the possible values for key variables based on
records, and their occurrence probability.
c.
1.2.2.7
Prepare Financial Viability reports for three alternative plans
IRR of the Project: If the IRR of the Project, based on the aforesaid
calculations is less than 12% (twelve per cent), an effort should be
made to reduce the capital costs in consultation with the Authority.
This may be done either by omitting/ modifying some of the proposed
structures or by phasing them after a suitable period, or by using option
of viability gap funding such that the IRR reaches a minimum of 12%
(twelve per cent) subject to non- dilution of revenue potential of the
project.
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1.3
Deliverables
A comprehensive report giving the vision, strategy and road map for
development of the GKP into a state of the art, modern mega port on par
with any international port of its size and shall contain the following
Part I
1.
Existing settings
2.
Global maritime industry and its growth potential
3.
Indian maritime industry growth with special attention to regional
growth
4.
Emerging global trends in port development and cargo handling
methods and systems
5.
Trends in cargo growth for the GKP and projection for 2020-2040
horizon with split up for the short, medium and long term
Part II
6.
Engineering study on the waterfront and land mass. A mathematical
study on the proposed development should be carried out to assess the
technical feasibility
7.
Zoning of the area for development
8.
Layout plans with at least three alternatives
9.
Design parameters for ship sizes, channels dock basins and berths
along with drawings
10. Development plan for cargo berths
11. Recommended cargo handling systems and methods
12. Capacity calculations
Part III
13. Connectivity issues and plans for establishing connectivity through all
the three modes
14. Environmental issues and mitigate measures
15. Land use plan and requirement of any additional land and its
identification
Part IV
16. Establishment of allied facilities such as ship building, container repair
etc.
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17. Identification and requirement of support facilities such as SEZ, CFS,
Industrial park, Warehousing, Cargo consolidation centres etc.
Part V
18. Phasing of the development and Block cost estimate
19. Strategy for development including financing plan
20. Recommended
organizational
structure
and
key
manpower
requirement
21. Recommendations
1.4
Stages in report preparation
The report shall be prepared in stages. Various stages are described below.
Stage 1
:
Inception Report
Stage 2
:
Interim Report
Stage 3
:
Draft Report
Stage 4
:
Final Report
1.4.1 Inception Report
This report should contain the following
a) Approach and methodology that will be adopted in the preparation of
the report
b) Schedule of the entire work with time frame and milestones
c) Data requirement and method of collection
d) Any specific requirement expected from KPL
1.4.2 Interim Report
It shall contain the following
a) List of chapters and brief details on the content of each chapter
b) Details on development plan
c) Details on strategy for development
d) Environmental issues and mitigation
e) Connectivity
1.4.3 Draft Report
This is prepared after taking into account the feedback and remarks given by
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KPL on the interim report. This report is to contain the following.
a) All the chapters with tables figures drawings etc.
b) Separate note on the draft report flagging the important points, issues
and difficulties which require specific attention and discussion as
perceived by the consultant
1.4.4 Final Report
This report is the draft report in the final version after incorporating all the
changes suggested by KPL on the draft report.
The TEFR of the Project shall also include the following, but not limited
to:
(1)
Sets of drawings
a)
Detailed Plan of the Project facility
b)
Plans and typical cross-sections showing the existing structures with
the proposed structures marked thereon.
(2)
Investigation Reports
Report on traffic survey and demand assessment, Engineering surveys and
investigations, IEE
(3)
Preliminary designs
Preliminary designs of the Project facility and services, consistent with the
existing facility and the additional requirements including:
a)
Traffic and revenue forecasting for 10 (ten), 20 (twenty), 30 (thirty)
years.
b)
Engineering surveys and investigations
c)
Installation of new structures together with preliminary design
(4)
Preliminary costing
a)
Indicative BOQ.
b)
Preliminary Cost Estimate for construction of Project Facility.
c)
Total Project Cost (Refer paras 1.2.2.5).
d)
Financial Analysis
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e)
Implementation schedule
1.4.5 Assistance during approval from authority
The Consultant shall provide the required assistance to the Authority in
the process of obtaining approval from Ministry of Shipping / Government
Agencies.
1.4.6 Submission of Techno Economic Feasibility Reports
1. All reports should be submitted in both soft and hard copy version.
2. Ten hard copies shall be submitted in respect of Inception Report, Interim
Report and Draft Report
3. Twenty hard copies shall be submitted for the Final Report
4. The presentations mentioned above are mandatory. In addition the consultant
may be called upon to make additional presentation when need arises. The cost
towards all these presentation shall be built in the bid amount
5. The cost incurred towards data collection and visits made for discussions and
other works shall all be built in the bid amount
6. In the event of the consultant abandoning the work in the middle, no further
payment will be made other than the stage payment which had been paid
already. The firm will also be blacklisted.
1.5
SPECIFIC REQUIREMENTS FOR THE PROJECT
Specifically bring out the requirements of any special structures like
Berthing structure, connecting corridor from the existing access to the
proposed facility, cable trench, cargo handling equipments, etc.,
1.6
PRE-BID MEETING
The bidder or his official representative who have downloaded the bid document
from KPL website/ e-procure.gov.in. and interest to participate is invited to
attend a pre-bid meeting which will take place on 03.09.2015 @ 11 00 hrs at
KPL, Port Administrative office,Chennai-120.
The purpose of the meeting will be to clarify issues and to answer questions on
any matter related to this tender that may be raised at that stage.
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The consultant is requested to submit any question in writing or by fax, to
reach the Employer not later than 2 days before the meeting.
Clarifications including the text of the question raised through letter and the
responses given will be transmitted without delay to the concerned consultant
and uploaded in the KPL website/ e-procure.gov.in. Any modification of the
bidding document Which may become necessary as a result of the pre-bid
meeting shall be made by the Employer exclusively through the issue of an
Addendum pursuant to Clause -2.4. Non-attendance at the pre-bid meeting will
not be a cause for disqualification of bidder.
It is to be noted that no queries, clarifications will be received after the
period stipulated above.
A maximum of two representatives of each applicant shall be allowed to
participate on production of authorization letter from the applicant. During
the course of Pre- Bid meeting, the applicant will be free to seek clarification
and make suggestions for consideration of Authority. The authority shall
endeavor to provide clarification and such further information as it may in its
sole discretion consider appropriate for facilitating a fair, transparent and
competitive bidding process. The reply / ies to the Pre-Bid queries shall form
the part of contract.
---ooo---
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BIDDING PROCESS
1.3
Brief description of bidding Process
1.3.1 Kamarajar Port Limited intends to follow a 3 step bidding process for
selection of the successful consultant for providing the services
Step 1 : Qualification.
Step 2 : Technical Bid Evaluation
Step 3 : Financial Bid Evaluation.
1.3.2
The successful Bidder would have to enter into a Consultancy Services
Agreement in the form enclosed under Appendix 5 and carry out its
responsibilities as stipulated therein.
1.3.3
For the purpose of the Step 1, the eligible Bidders are required to
upload
documents
listed
in
Documents. The Bid u p l o a d e d
Clause
2.7.2
as
Qualification
by Bidders whose Qualification
documents are not as per the requirements of
Clause 2.7.2 will be
rejected.
1.3.4 The Technical Bids of only those Bidders who as per clause 2.7.2, the bid
will be opened and evaluated to compute the T o t a l Technical Score.
The Bidders are required to u p l o a d their Technical Bids as specified
in Section 3. The Financial Bids of the Bidders who do not meet the
criteria stipulated in Section 3 will not be opened.
1.3.5
Under Step 3, the Financial Bids of Bidders who qualify in Step 1 & 2
will be opened and evaluated to compute the Total Financial Score. The
Financial Bids shall be uploaded as per the format given in Annexure 4
through e-procurement mode.
1.3.6
The Bidder who scores the highest Total Composite Score would be
declared as the successful Bidder. The total composite score would be
calculated as described in Section–3.
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1.4
Eligibility of Bidders
(a)
The Bidders must have experience in preparation of Detailed
Techno-Economic Feasibility Report (TEFR) (or) Detailed Project
Report (DPR) in India or abroad for development of projects in
the Infrastructure Sector like Ports (Government or Private),
Port Services, Ship yards, Dry Dock Facilities etc. The Bidders
should possess experience in financial analysis of projects
and project structuring for any of the above mentioned sector
projects.
(b)
The Bidder should have completed at least one assignment of
preparation of Detailed Techno-Economic Feasibility Report
(TEFR) (or) Detailed Project Report as mentioned above in the
preceding Three years for a Port project or Ship yard facility
costing more than Rs.1000 Crore. (Indian Rupee)
(c)
The Applicant shall have received a minimum income of
Rs.2.50 Crore per Annum towards professional fees during
any one of the 3(three) financial years preceding the Bid Due
Date.
1.4.1 The Bidder may be a single entity or a group of entities (hereinafter referred
to as Consortium), coming together for providing the services. The term
Bidder used hereinafter would therefore apply to both a single entity and a
consortium.
1.4.2 Bids uploaded by a Consortium would be bound by the following additional
stipulations
(a) Number of members in a consortium would be limited to 3;
(b) Members of the consortium shall nominate any member as the Lead
Member;
(c) The Bid should contain the information sought in this document for the
Lead Member and all other members;
(d) For the purpose of evaluating the qualification of consortium meeting
the minimum eligibility criteria, KPL will consider the credentials of
consortium as per Clause 3.1.4. Hence, the credentials of other
members of consortium will not be considered for qualification.
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(e) While evaluating the technical bids of consortium for experience, team
composition and approach and methodology, credentials of members of
consortium will be considered as brought out in Section – 3 of this
document.
1.5
Proposals by Consortium:
Proposals uploaded by a consortium in addition to other conditions, shall
comply with the following requirements.
1.5.1 Signed copy of Memorandum of Understanding (Appendix 7) between the
members
of consortium shall
be
submitted clearly
indicating
the
responsibilities of each of the members of the consortium in the event of
the consortium being qualified and successful in the bidding process.
1.5.2 One of the members shall be nominated as being in charge, designated as
“Lead Member” and this authorization shall be evidenced by a power of
attorney (Appendix 8) signed by legally authorized signatories of all the
members (Power of attorney) to be enclosed.
1.5.3 The lead member of the consortium shall be authorized to incur liabilities
and receive instructions for and on behalf of any and all the members of
the consortium and the entire execution of the assignment.
Note: Payments, as due, shall be released only in favour of “Lead Member”
of the consortium.
1.5.4 All members of the Consortium shall be liable jointly and severally for the
execution of the services in accordance with the terms and conditions
stipulated in the proposal documents. A declaration to this effect signed by
authorized signatories of all the members shall be enclosed to the proposal.
1.5.5 In the event of default by any member in the execution of assignment or
part thereof, the lead member will have the authority to assign the
apportioned work to any other member acceptance to the Employer to
ensure satisfactory completion of the services.
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2. OTHER TERMS & CONDITIONS
A.
General
2.1
Bid Preparation Cost
The Bidder shall be responsible for all of the costs associated with the
preparation of its Bid and its participation in the bidding process.
Kamarajar Port Limited will not be responsible or in any way liable for
such costs, regardless of the conduct or outcome of the bidding process.
2.2
Kamarajar Port Limited Right to Accept or Reject Bid
2.2.1 Notwithstanding anything contained in the Bid Document Kamarajar Port
Limited reserves the right to accept or reject any Bid and to annul the
bidding process and reject all Bids at any time without any liability or any
obligation for such acceptance, rejection or annulment, without assigning
any reasons.
2.2.2 Kamarajar Port Limited reserves the right to invite revised Technical Bids
and / or revised Financial Bids from Bidders with or without amendment
of the Bid document at any stage, without liability or any obligation for
such invitation and without assigning any reason.
2.2.3 Kamarajar Port Limited reserves the right to reject any Bid if:
(a)
at any time, a material misrepresentation is made or uncovered, or
(b)
The Bidder does not respond promptly and thoroughly to requests for
supplemental information required for the evaluation of the Bid.
B.
Documents
2.3
Contents of Bid Document
The Bid Document comprises the contents as mentioned in this document
and would additionally include Addenda if any, issued in accordance with
Clause 2.4.
2.4
Amendment of Bid Document
2.4.1 At any time prior to the deadline for submission of Bid, Kamarajar
Port Limited may, for any reason, whether at its own initiative or in
response
to clarifications requested by a Bidder, modify the Bid
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Document by the issuance of Addenda.
2.4.2 Any Addendum thus issued will be hosted in the website at least two days
prior to the dates specified for submission of the bids. All the Bidders
who have downloaded the Bid Document are requested to verify any
such addenda if added, prior to submitting their bid which will be
binding upon them.
C.
Preparation and Submission of Bid
2.5
Language
The Bid supporting documents, printed literature and all
related
correspondence and documents should be written in the English
language only.
2.6
Currency
The currency for the purpose of the Bid shall be in Indian Rupees
(INR). In case of The Qualification Documents for eligible assignment
submitted by the Bidders in foreign currency, the conversion to Indian
Rupees shall be made by the bidders and in all such cases, the original
figures in the relevant foreign currency and the applicable INR equivalent
thereof must be given.
2.7
Format and Signing of Bid
2.7.1 The Bidders would provide all information as per this Bid Document as well
as subsequent clarifications/explanations furnished by KPL. Kamarajar
Port Limited reserves the right to reject any non responsive bid. By non
responsive bid, it is meant that after opening
Technical Bid, if
Kamarajar Port Limited finds any shortfall which can be reasonably
complied with by communicating the shortfall to the Bidder such as to
provide adequate documentary evidences such as notarized copy, missing
signature on the document etc. the supporting data particulars to make
the bid complete and acceptable. This opportunity would not give the
Bidders to make any major/material change to the submitted Bid but
only to set right minor/acceptable shortfalls communicated by Kamarajar
Port Limited. In case the Bidder does not respond to such communication
and fail to comply with the requirement of K P L , then their Bid will be
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treated as non response and Kamarajar Port Limited reserves the right to
reject any such non responsive Bid. Under such circumstances, the
Bidder will be declared disqualified and the EMD and will be returned.
2.7.2 The Bid should be uploaded in two separate envelopes:
Submission of Bid
Bidders shall submit their bid on online only through e-Procurement
Mode by three parts in two separate mode. (i.e. Part 1 & Part 2 in one
mode and Part 3 in mode). The documents and information required for
fulfilling the eligibility criteria as specified in the Clause 3.
The bidder shall obtain e-token from a licensed Certifying Authority of
National
Information
Centre
(NIC)
such
as
MTNL/SIFY/TCS
/
nCode/eMudhra to get access for Online Bid Submission through the e –
Procurement site https://eprocure.gov
Please refer Annexure 1 instructions for online bid submission.
Part 1: Qualification document shall contain the following and as per the
requirement set out in this document at Clause 2.8:
i)
Application Letter as per Appendix 1.
ii) Half page write-up as mentioned in Clause 3.1.3.
iii) Corporate information of Bidder as per Appendix 2
iv) Documents to substantiate the credentials of the Bidder meeting the
minimum eligibility criteria as specified in Clause 3.1.1.
Part 2: Technical Bid as per the requirements set out in this document clause
2.8.2.
Part 1 & Part 2 forms a technical bid should be uploaded through
e portal only.
Part 3: Financial Bid as per the format set out in Annexure -4
Note for Financial Proposal:
1.
The financial proposal should be a Lump sum amount for the entire
work payable in Indian Rupees and should be inclusive of all taxes,
duties, etc.
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2.8
2.
The Lump sum amount should include all expenses which the
consultant may incur towards travel, boarding & lodging, preparation
of drawings, reports, etc.
3.
The financial proposal should be uploaded through e portal
only.
4.
Priced Bill of Quantities duly filled in through e-Procurement
on website e-procure.gov.in.
CONTENTS OF PROPOSALS:
2.8.1 The first part of Cover - I viz., details of “Technical Bid” shall also
contain the following in addition to the details as mentioned in Clause
2.7.2.
a)
the cost towards Bid Document shall be submitted in the form of
Demand Draft drawn in favour of Kamarajar Port Limited payable
at Chennai from any Nationalized / Scheduled Bank for an amount
of Rs.10,500/- (Rupees Ten Thousand and Five Hundred Only)
inclusive of VAT at 5%.
b)
Earnest Money Deposit in the form of Demand Draft drawn
in favour of The Kamarajar Port Limited from any Nationalized /
Scheduled Bank for an amount of Rs.2,00,000/- (Rupees Two
Lakh only) payable at Chennai. The Earnest Money Deposit of
unsuccessful Bidder will be released within one month of
finalization of bid. The EMD of successful Bidder will be released
after signing of agreement and submission of performance security
as detailed i n Clause 4.14.
c)
A forwarding letter confirming validity of the proposal for 120 days
and detailing contents of the proposal including list of enclosed
documents.
d)
Power of Attorney in the name of the person/s signing the bid
documents.
e)
The Consultant should confirm that there is no conflict of interest
in taking up this assignment by submitting an undertaking to
the effect that, they /their affiliates will not bid for/ rate the
same project.
f)
The Integrity Pact (Enclosed in Annexure – 3) will form a part of
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the Tender document. The Integrity Pact Agreement shall be
executed in Rs 100/- non judicial stamp paper and shall be
enclosed along with original financial instrument and reach
Kamarajar Port Limited (KPL) corresponding address before
opening Technical bid as per date and time given in the Tender.
g)
A statement supported by documentary evidence establishing
fulfillment of all the Minimum Eligibility Criteria by the
Bidder/s.
2.8.2
Technical Bid shall contain the following:
(a)
Details in respect of background of the party/ies past experience,
organizational structure, key personnel, certificates from clients in
respect of assignments executed in past, current assignments, CVs
of key personnel and details of associates likely to be involved in
executing this assignment.
(b)
Details in respect of proposed approach and methodology, team
composition and experience for execution of the “Services” covering
broadly all aspects of Scope of work as per Clause 1.2 in this
document.
(c)
The Proposal Document and compilation of pre-bid queries /
answers if any with each page initialed by the authorized
signatory in token of having been read and accepted by the
party/ies.
NOTE: BIDDER/S MUST NOT INDICATE DIRECTLY OR INDIRECTLY
THEIR FINANCIAL BID ANYWHERE IN THE QUALIFICATION
ANDF TECHNICAL DOCUMENTS CONTAINED IN PART 1 AND
PART 2. ANY SUCH DISCLOSURE SHALL RESULT IN
SUMMARY REJECTION OF WHOLE OF THE PROPOSAL OF
THE CONCERNED BIDDER/S.
2.8.3 “Financial Bid” In this the bidder/s shall indicate the total lump sum
charges/fees (in Indian Rupees) to be paid by Kamarajar Port Limited
for this services / assignment in the financial bid format enclosed as
Annexure 4 in the Tender Document. This lump sum charges / fees
shall be inclusive of all taxes (except Service
Tax), incidentals,
overheads, travelling expenses, printing and binding of reports,
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expenditure related to presentations to be made during the execution
of the assignment, sundries and all other expenditure for execution of
these services as per the Scope of work Clause – 1.2 of the Tender
Document.
The tenderer is also advised to refer Clause 4.5 for taxes and duties
before quoting. Service Tax shall be paid along with each stage
payment,
only
upon
production
of
supporting
documentary
evidence of actual remittance to the Service Tax Authorities for the
previous stage payment. No further payment shall be made without
production of evidence of remittance of the service tax paid by the
Port to the Service Tax Authorities.
NOTE:
a. The lump sum fees / charges quoted by the Bidder will be paid as
stage-wise payments against deliverable of the Bidder/s as detailed at
Clause 4.15.
b. Income Tax and any other tax as per Statutory Provisions of Govt. of
India and Govt. of Tamilnadu shall be deducted by the Port from each
invoice. Certificate in this regard shall be furnished by the
employer.
c. No counter conditions should be included in Financial Bid
d. Conditional Financial Bid shall be summarily rejected
2.9
Bid Due Date
2.9.1
Bids must be uploaded in the website www.eprocure.gov.in not later than
22.9.2015 @ 15 00 Hours in the m a n n e r and form as detailed in this
Bid Document. Bids submitted by facsimile transmission, telex or E-mail
will not be acceptable.
2.9.2
Kamarajar Port Limited at its sole discretion may extend the Bid Due Date
by issuing an Addendum, if any in which case all rights and obligations of
the employer and the bidders previously subject to the original deadline
will then be subject to the new deadline. The bid document being
downloaded from web site and uploaded through e-Tender website
www.eprocure.gov.in, the bidder shall give an undertaking that no change
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have been made in document.
2.10 Late Bids
Any Bid received by Kamarajar Port Limited after the Bid Due Date and
time shall not be accepted by e-procurement system.
2.11 Payment of Fees for Consultancy Services
Consultancy charges / fees for carrying out the services shall be
quoted and will be paid in Indian Rupees only.
2.12 Validity of proposal
The proposal shall be valid for a period of 120 days from the Bid due date.
2.13 Time for Completion:
The assignment of this consultancy services will be for a period of
1 8 0 days from the date of Letter of Award or till the acceptance of
the final TEFR.
2.14 No Escalation will be paid under this contract. The price quoted shall
be kept firm throughout the Contract Period and not subject to
variation under any circumstances.
2.15 Change to submitted proposals
Any alterations, modifications or change in the submitted proposals
shall be sent in writing and must reach the Chief Engineer, Kamarajar
Port Limited prior to the closing time on the Bid due date. No notice of
change, alterations or modification of the proposal shall be accepted
after closing time on Bid due date.
2.16 Scrutiny and Evaluation of proposals
2.16.1 Preliminary Scrutiny:
In the first instance the officer of Kamarajar Port Limited authorized to
open the proposals shall ascertain the availability of proper Earnest
Money Deposit as specified in Clause 2.8.1(b) and bid document
cost. In case a proposal is received without the requisite and proper
Earnest Money Deposit & Bid document cost, it shall be summarily
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rejected
2.16.2 Responsiveness of Proposals:
The proposals received on time, accompanied by the requisite and
proper Earnest Money Deposit shall thereafter be examined for
responsiveness . A responsive proposal is one which conforms to all
the requirements of the Bid Document. A proposal shall be treated nonresponsive for any one of the following reasons:-
(i) The Bidder/s not meeting all of the Minimum Eligibility Criteria as
stipulated elsewhere in this document.
(ii) All the information as indicated in the Bid Document is not furnished.
Please refer Clause 2.7.1
(iii) Validity of proposal not confirmed.
(iv) Proposal documents not signed and sealed in the manner prescribed
elsewhere in this document.
(v) The proposal and supporting documents show significant variations
and or inconsistency/ies.
In the process of this examination some clarifications may become
necessary. These shall be sought and furnished in writing. However,
the basic proposal shall not be permitted to be changed / altered either
to fulfill minimum
eligibility criteria or to make a non-responsive
proposal responsive or to qualify for meeting the
technical bid
parameters. The proposals, which are found deficient or defective or
unacceptable due to any reason, shall be treated as non-responsive. A
non-responsive bid shall be rejected.
2.17 Scrutiny of Technical Bid:
Responsive bids shall be examined in detail for their technical contents.
Compliance to Detailed Scope of Work taking into account proposed
Approach and Methodology, Experience of Bidder, proposed work plan
for implementation, team composition, etc. with reference to adequacy,
acceptability and understanding of the Bidders shall be checked. In the
process of this examination some clarifications may become necessary.
These shall b e sought and furnished in writing. However, the basic
proposal shall not be permitted to be changed / altered either to fulfill
minimum eligibility criteria or to make a non-responsive proposal
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responsive or to qualify for meeting the technical bid parameters. The
proposals, which are found deficient or defective or unacceptable due to
any reason, shall be treated as non-responsive.
2.18 Opening and evaluation of financial bid (Cover – II):
2.18.1 Financial bids of responsive proposals that are found acceptable on
scrutiny of technical contents and satisfy the criteria for evaluation, as
specified in Clause – 3 of Tender Document will be opened in the
presence of authorized representatives of concerned Bidders who may
wish to present. The date and venue of opening of financial bid will be
communicated to the qualified Bidders.
2.18.2 Financial Bid with any counter conditions or ambiguous remarks
shall be considered as non-responsive and rejected.
2.18.3
a) The Successful Bidder as per Clause 3.4 shall be considered for award
after negotiation, if any such situation is emerged.
b) Negotiations
The Selected Bidder may, if necessary,
be
invited
for
negotiations.
The negotiations shall generally not only be for reducing the price
of the Proposal, but will be for re-confirming the obligations of the
Consultant under this tender document. Issues such as deployment of
experts,
understanding of the tender document, methodology and
quality of the work plan shall be discussed during negotiations. In
case the Selected Bidder fails to reconfirm its commitment, Kamarajar
Port Limited reserves the right to designate the next ranked Bidder as
the Selected Bidder and invite it for negotiations.
c) Kamarajar Port Limited will examine the CVs of all
Professional
Personnel and those not found suitable shall be replaced by the Bidder
to the satisfaction of KPL.
d) Kamarajar Port Limited will examine the credentials of all SubConsultants proposed for this Consultancy and those not found suitable
shall be replaced by the Bidder to the satisfaction of the KPL.
2.19 Award of Assignment / Services:
The Bidder selected for award of assignment shall be issued Letter of
Award by Kamarajar Port. This letter along with written acknowledgement
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of the successful Bidder shall constitute a binding contract between t h e
Bidder/s with Kamarajar Port Limited till signing of a formal agreement.
2.20 Signing of Agreement:
Within 15 (fifteen) days from the date of Letter of Award, the successful
Bidder shall furnish a performance security for satisfactory completion of
the Assignment, in the form of a Bank Guarantee as detailed in General
Conditions and simultaneously sign formal agreement. Formats of Bank
Guarantee (Appendix – 4) and Agreement ( Appendix – 5) are annexed to
the Bid Document.
2.21 Extension of validity of proposal:
If it becomes necessary, Kamarajar Port Limited may request the
Bidder/s, in writing, to extend the validity of their proposals. The
Bidder/s shall have the right to refuse such an extension without
forfeiting their Earnest Money Deposit. In case a Bidder extends the
validity then it shall also extend the validity of its Earnest Money Deposit
for corresponding period. In case Bidder/s refuse to extend the validity,
the Earnest Money Deposit of the Bidder/ies will be released normally
within one month from the date of such refusal.
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3. CRITERIA FOR EVALUATION
3.1 Qualification (Step I)
For the purpose of Qualification, the Bidders should satisfy the following
minimum eligibility criteria. The supporting documentary proof in respect of
experience should be (i) notarized order copy (ii) notarized copy of completion
certificate or notarized copy of performance certificate and as regards to
financial capability, the documentary proof such as statement giving
particulars duly certified by the Auditor of the company as per Appendix-2A.
3.1.1 Minimum Eligibility Criteria
(a)
The Bidders must have experience in preparation of Detailed TechnoEconomic Feasibility Report (TEFR) (or) Detailed Project Report (DPR)
in India or abroad for development of projects in the Infrastructure
Sector like Ports (Government or Private), Port Services, Ship yards,
Dry Dock Facilities etc. The Bidders should possess experience in
financial analysis of projects and project structuring for any of the
above mentioned sector projects.
(b)
The Bidder should have completed at least one assignment of
preparation of Detailed Techno-Economic Feasibility Report (TEFR)
(or) Detailed Project Report as mentioned above in the preceding
Three years for a Port project or Ship yard facility costing more than
Rs.1000 Crore. (Indian Rupee)
(c)
The Applicant shall have received a minimum income of Rs.2.50
Crore per Annum towards professional fees during any one of the
3(three) financial years preceding the Bid Due Date.
In addition the Bidder may note the following:3.1.2 Details in respect of Clause 3.1 are required to be furnished as per the formats
set out in Appendix 2&3.
3.1.3 The Bidder is required to provide a half page write-up providing the details of
earlier assignments carried out by the Bidders and meeting the requirements of
minimum eligibility criteria specified in Clause 3.1.1 above.
3.1.4 If the Bidder is a consortium, while evaluating the Qualification for
the Minimum Eligibility Criteria, Kamarajar Port Limited will consider
the credentials of the consortium, if the same consortium has executed
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the work, otherwise, the credentials of lead member of the Consortium
alone will be considered for evaluating the qualification for minimum
eligibility criteria pertaining to experience for which the Bidder has
to declare the lead member in the consortium agreement or any such
document.
However,
the
credentials
of
other
members
of
the
consortium will be considered for evaluating the qualification for
the minimum eligibility criteria pertaining to financial capability i.e.,
average annual turnover. Further, the credentials of other members of
the consortium will also be considered for Technical Bid Evaluation.
3.1.5 Kamarajar Port Limited would evaluate the Qualification Documents in order to
qualify Bidders. Bidders who qualify the Minimum Eligibility Criteria stated
under Clause 3.1.1 only will be considered Technical Bid evaluation.
3.2
Evaluation of Technical Bid (Step II)
3.2.1
The Scoring criteria to be used for evaluation shall be as follows:
(a) In the first stage, the Technical bids will be evaluated on the basis of
Applicant’s experience, its understanding of TOR, proposed methodology and
work p l a n and the experience of Key Personnel. Only those Technical proposals
score 70 (Seventy) marks or more out of 100 shall qualify for further
consideration and shall be ranked from highest to the lowest on the basis of
their technical score (ST).
(b) Each Key personnel must score a minimum of 70% of marks except as provided
herein. A proposal shall be rejected, if the Team Leader scores less than 70%
marks or any two of the remaining Key personnel score less than 70%. In case
the selected Applicant has one Key personnel, other than the Team Leader, who
scores less than 70% marks, he would have to be replaced during negotiations,
with a better candidate who, in the opinion of the Authority , would score 70%
or above.
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(c) The Scoring criteria for evaluation shall be as follows
Sl
No
1.
2
3
(a)
(b)
(c)
(d)
(e)
Parameter
Criteria
Maximum
Marks
25
Relevant
25% of the maximum marks will be
Experience of the
awarded for the number of eligible
Applicant
assignments
undertaken
by
the
Applicant.
The remaining 75% will be awarded for
(i) The comparative size and quality of
Eligible Assignments
(ii) Other similar work in identified
infrastructure sectors and
(iii) Overall turnover, experience and
capacity of the firm
Proposed
Evaluation will be based on the quality
5
Methodology and
of submissions.
Work Plan
Relevant
25% of the maximum marks for each
Experience of the
Key Personnel shall be awarded for the
70
Key Personnel
number of Eligible Assignments the
[ Total of (a) to (e) ]
respective key personnel has w o r k e d
on. The remaining 75% shall
be
Team Leader
25
awarded
for
Technical Expert
15
(i) The comparative size and quality of
Financial Expert
15
Eligible Assignments
Traffic Expert
10
(ii) Other similar work in infrastructure
Environmental
sectors
5
Expert
Grand Total
(1+2+3)
100
While awarding marks for the number of Eligible Projects, the Applicant or Key
Personnel, as the case may be, that has undertaken the highest number of
Eligible Assignments shall be entitled to the maximum score for the respective
category and all other competing Applicants or respective Key Personnel, as the
case may be, shall be entitled to a proportionate score. No score will be awarded
to an Applicant/Key Personnel for fulfilling the eligibility criteria of a
minimum number of Eligible Assignments and only projects exceeding the
eligibility criteria shall qualify for scoring. For the avoidance of doubt and by
way of illustration, if the minimum number of Eligible Projects for meeting the
eligibility criteria is [3 (three)], then an equivalent number will be ignored for
each Applicant/Key Personnel and only the balance remaining will be considered
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for awarding scores relating to the number of Eligible Assignments on a
proportionate basis. However, for assigning scores in respect of the size and
quality of Eligible Assignments, all Eligible Assignments of the Applicant/Key
Personnel shall be considered.
3.2.3 Eligible Assignments
For the purposes of determining Conditions of Eligibility and for evaluating the
Proposals
under
this
Proposal
Document,
advisory
/
consultancy
assignments in respect of preparation of detailed project report and / or
feasibility
report
for
the following projects shall be deemed as eligible
assignments (the “Eligible Assignments”):

Ports (Government or Private), Port Services, Ship yards, Dry Dock
Facilities, etc.

Provided, the Bidder must have experience in preparation of Detailed
Techno- Economic Feasibility Report (TEFR) (or) Detailed Project Report
(DPR)
in
India
or
abroad
for
development
of
projects
in
the
Infrastructure Sector like Ports (Government or Private), Port Services,
Road, Ship yards, Dry Dock Facilities etc. The Bidders should possess
experience in financial analysis of projects, project structuring for any
of the above mentioned sector projects.

Provided, the Bidder should have completed at least one assignment of
preparation of Detailed Feasibility Report (or) Detailed Project Report as
mentioned above in the preceding Three years for the project costing
more than Rs.1000 Crore. (Indian Rupee)

Provided, the bidder shall have received a minimum income of
Rs.2.50 Crore per Annum towards professional fees during any one
of the 3(three) financial years preceding the Bid Due Date.
3.2.4 (a) Short-listing of Applicants:
Of the Applicants ranked as aforesaid, not more than five shall be prequalified and shortlisted for financial evaluation in the second stage.
However, if the number of such prequalified Applicants is less than two, the
Authority may, in its sole discretion, pre-qualify the Applicant(s) whose technical
score is less than 70 points even if such Applicant(s) do(es) not qualify in terms
of Clause 3.1.2; provided that in such an event, the total number of prePreparation of Rapid Techno Economic Feasibility Report for
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qualified and short-listed Applicants shall not exceed two.
The Experience of the Bidder would be measured in respect of Eligible
Assignments as defined in Clause 3.2.3. The supporting documentary proof in
respect of experience should be (i) notarized order copy (ii) notarized completion
certificate or notarized performance certificate. Every Bidder has to provide
details in respect of assignments undertaken by him as per the format set out in
Appendix – 2.
3.2.4 (b) Evaluation of Financial bid
Bidders are required to upload the Financial Bid as per the format provided in
Annexure 4 through e- portal only
For financial evaluation, the total cost indicated in the Financial bid, will be
considered.
The Authority will determine whether the financial bid is complete, unqualified
and unconditional. The cost indicated in the financial bid shall be deemed as
final and reflecting the total cost of services. Omissions, if any, in costing any
item shall not entitle the firm to be compensated and the liability to fulfill its
obligations as per the TOR within the total quoted price shall be that of the
Consultant. The lowest Financial Proposal (FM) will be given a financial score (SF)
of 100 points. The financial scores of other proposals will be computed as follows:
SF = 100 x FM /F
(F = amount of Financial bid)
(FM = Lowest Financial Bid)
3.2.4(c) Combined and final evaluation of Technical and Financial bid
Proposals will finally be ranked according to their combined technical (ST)
and financial. (SF) scores as follows: S = ST x Tw + SF x Fw Where S is the
combined score, and Tw and Fw are weights assigned to Technical Proposal
and Financial Proposal that shall be 0.80 and 0.20 respectively.
The Selected Applicant shall be the first ranked Applicant (having the highest
combined score). The second ranked Applicant shall be kept in reserve and may be
invited for negotiations in case the first ranked Applicant withdraws, or fails to
comply with the requirements specified in Clauses 3.2.5, 4.2 and 4.4, as the case
may be.
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3.2.5 The individuals so nominated shall be classified as:
(a) Team Leader
Educational Qualification
M.B.A in Finance with Port Sector Logistics Exposure
Essential Experience
Minimum 10 years in planning, project preparation and
Structuring of any of the projects for Ports (or) Ship
Yard
He will lead, coordinate and supervise the
multidisciplinary team. It will be his responsibility to guide
the team in arriving at solutions within the constraints
specified in this document.
Job responsibilities
(b) ) Technical Expert
Educational Qualification
Graduate in Civil Engineering
Essential Experience
Minimum 10 years in analysis and design of marine
structures or any of the projects for Ports & Port
Services
He will be responsible for design of the structures of the
project facilities and services
Job responsibilities
(c) Traffic Expert
Educational Qualification
Essential Experience
Job responsibilities
B.E. with MBA
Minimum 7 years in traffic surveys and studies, traffic
safety facilities, etc. on Port projects or any of the
projects for Ports & Port Services (Government or
Private)
He will be responsible for assessment of traffic forecast
on the Project.
(d) ) Financial Expert
Educational Qualification
Essential Experience
Job responsibilities
Charted Accountant / ICWA or equivalent
Minimum 7 years in traffic surveys and studies, traffic
safety facilities, etc. on Port projects or any of the
projects for Ports & Port Services (Government or
Private)
He will be responsible for financial analysis and
modeling of the Project.
(e) Environmental Expert
Educational Qualification
Essential Experience
Job responsibilities
Masters Degree in Environmental Engineering or
Masters Degree in Environmental Science or equivalent
Minimum 7 years in environmental studies
He will be responsible for conducting the IEE of the
Project
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The Experts would need to be involved in providing the Services and would need
to be present at all important meetings with Kamarajar Port.
Scores will be allotted to each of the experts based on the experience of the
experts. The Bidder in their letter head, for each expert proposed shall declare
that the experts proposed are satisfying
criteria
in
all
the
qualifying
and
experience
respects. The Declaration is in the form of CV attached as Per
Appendix-3A.
Each expert must satisfy the above criteria on Educational qualification and
essential experience duly furnishing notary attested copies of Educational and
Experience Certificates.
A bid shall be rejected if the Team Leader or any two of the remaining
Key Personnel does not satisfy the above criteria. In case the Selected
Bidder has one Expert, other than the Team Leader, who does not satisfy the
above criteria, he would have to be replaced with a better candidate who, in
the opinion of the Authority, would satisfy the criteria before issue of Letter of
Award.
3.2.6 Approach & Methodology:
The Bidder would be required to furnish the following as part of their Technical
Bid for the Project:
a. Understanding of Terms of Reference
Under this item, the Bidder should provide a brief description of their
understanding of the scope of the Services and the Terms of Reference.
b. Recommended Approach
The Bidders should give a write-up on the recommended approach for the
Project (Note should not be more than 3 pages).
c. Proposed Methodology
The Bidders should provide their proposed methodology for implementation of
the Project.
d. Work Plan
The Bidders should provide a work plan covering each of the activities
pertaining to the Project.
Kamarajar Port Limited would evaluate each item of Approach & Methodology
and assign an appropriate score for every Bidder based on its evaluation.
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3.3 Presentation:
Kamarajar Port Limited reserves the right to invite the Bidder to make a
presentation covering the details of the technical bid to Kamarajar Port or in
Ministry of Shipping, in case it is required.
3.4 Successful Bidder
3.4.1 The Bidder scoring highest Total Composite Score would be declared as the
successful Bidder. In case of Bidders having the same Total Composite
Score, the Bidder with the higher Total Technical Score would be
declared as the successful Bidder.
3.4.2 The Successful Bidder shall be the first ranked Applicant (having the highest
composite score). The second ranked Applicant shall be kept in reserve and
may be invited for negotiations in case the first ranked Applicant withdraws,
or fails to comply with the requirements specified in Clauses 3.2.5, 4.2, and
4.4, as the case may be.
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APPENDIX TO BID
Sub Clause
Sl No
Description
Clause
details
1.
Scope of Work
1.2
2.
Bid Proposals
2.8
3.
Earnest Money Deposit
2.8.1(b)
Rs.2,00,000/-
4
Period of Contract
2.13
180 days
5
Bid due Date & Opening
2.9
6.
7.
Bid due date
On 22.09.2015 upto 15.00hrs
Opening
On 23.09.2015 upto 15.30hrs
By 15.30 hrs at Port Admin
Venue of Bid Opening
office
of
KPL
at
Vallur,
Chennai -600120
8.
Performance Security
4.14
Equivalent to 5% of the awarded
cost / fee
9.
Terms of Payment
10
Contact details of
Tender inviting Authority
4.15
Preparation of Rapid Techno Economic Feasibility Report for
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General Manager (CS & BD)
Kamarajar Port Limited
Phone: 044-27950030-40
Fax:
044 – 27950002
Email : [email protected]
: [email protected]
Page 58
4. GENERAL CONDITIONS OF CONTRACT:
4.1
Definitions and Interpretation:
In the contract (as hereinafter) defined the following words and expressions
shall have the meanings hereby assigned to them except where the context
otherwise requires:
a) “EMPLOYER”, Kamarajar Port Limited (KPL), means the Board of Directors
of Kamarajar Port, acting through its Chairman, or The Directors or The
General Managers or any other officers so nominated by the Board.
b) “BIDDER/S” means the person or persons, firm, corporation, consortium or
company who submits the BID for the subject work.
c) “AWARD PRICE” means the sum named in the Bid / proposal submitted
by the successful Bidder with any modification thereof or addition thereto or
deduction there from as may be made under the provisions contained in
the proposal document.
d) “ENGINEER / OFFICER-IN-CHARGE” means the Chief Manager or any
other officer of Kamarajar Port Limited as nominated to be in-charge of
works of this assignment by the GM (CS & BD).
e) “CONSULTANT” means any entity or person or associations of person who
may provide or provides the Services to the Employer under the Contract
f) “CONSULTANCY SERVICES / SERVICES / ASSIGNMENT” means the
services to be provided by the consultant as detailed in this bid document
in his document.
NOTES:
i.
Singular and Plural: Words importing the singular only also include the
plural and vice versa where the context requires.
ii.
Headings: The headings as mentioned in the proposal document shall not
be taken to be part thereof proposal document or be taken into consideration
in the interpretation or construction thereof or of the contract.
4.2 Commencement and Completion of Assignment:
The successful Bidder shall commence the work immediately from the date
of issue of award letter by the Employer and carry out the same
expeditiously at whatever point or points and in such portion as the
Employer may direct.
4.3 Care and diligence
The Bidder shall exercise all reasonable care and diligence in the discharge of
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all technical, professional and contractual duties to be performed by them
under this contract and shall be fully responsible to the Employer for
the proper, efficient and effective execution of their duties.
4.4 Signing of Agreement:
Within 15 days from the date of the letter of award, the successful Bidder
shall prepare and submit the agreement format in line with the draft enclosed
(As per Appendix 5) to the proposal document. On approval of the Employer
the agreement shall be signed by both the Bidder and the employer, after
payment of stamp duties as may be necessary by the successful Bidder.
4.5 Taxes & Duties:
The selected Consultant shall pay all taxes, levies, duties which they may
be liable to pay to State Govt. of Tamilnadu and Government of India or other
authorities under any law for the time being in force in respect of or in
accordance with the Preparation of TEFR. The Consultant shall further be
liable to pay such increase in the taxes, levy, duty etc., under the existing
law or which may be liable as a result of introduction of any law. Increase
in taxes, levy, duty etc., or imposition of new taxes, levy, duty etc., shall not
be ground or an excuse for not completing the Assignment within stipulated
time nor
a ground or an excuse for claiming any extra or additional costs
nor a ground or an excuse for extension of time for completing the
Preparation of TEFR. All such payments to be made by the Consultant are
deemed to have been included / considered while quoting your offer.
4.6 Confidentiality
The Consultant shall treat all the documents and information received from
Kamarajar Port Limited and all other related documents/communications in
confidence and shall ensure that all who have access to such material shall
also treat them in confidence. The Consultant shall not divulge any such
information unless Kamarajar Port Limited authorizes this in advance in
writing. The Consultant further shall return all the documents received from
Kamarajar Port Limited from time to time after completion of the work
related to those documents.
4.7 Suspension
The “Employer” may, by written notice of suspension to the Consultant,
suspend all payments to the Consultant hereunder if the Consultant fails
to perform any of its obligations under this Contract, including the carrying
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out of the Services, provided that such notice of suspension (i) shall specify
the nature of the failure, and (ii) shall allow the Consultant to remedy such
failure, if capable of being remedied, within a period not exceeding thirty (30)
days after receipt by the Consultant of such notice of suspension.
4.8 Termination
4.8.1 By the “Employer”
The “Employer” may terminate this Contract in case of the occurrence of any
of the events specified in paragraphs (a) through (j) of this Clause 4.8.1.
a) If the Consultant fails to remedy a failure in the performance of its
obligations hereunder, as specified in a notice of suspension pursuant to
Clause 4.7 hereinabove, within thirty (30) days of receipt of such notice of
suspension or within such further period as the “Employer” may have
subsequently approved in writing.
b) If the Consultant becomes (or, if the Consultant consists of more than
one entity, if any of its Members becomes and which has substantial
bearing on providing Services under this contract) insolvent or go into
liquidation or receivership whether compulsory or voluntary.
c) If the Consultant fails to comply with any final decision reached as a result
of amicable settlement pursuant to Clause 4.13 hereof.
d) If the Consultant, in the judgment of the “Employer”, has engaged in corrupt
or fraudulent practices in competing for or in executing this Contract.
e) Any representation made or warranties given by the Consultant under
this agreement is found to be false or misleading.
f) If the Consultant submits to the “Employer” a false statement which has
a material effect on the rights, obligations or interests of the “Employer”.
g) If the Consultant places itself in position of conflict of interest or fails to
disclose promptly any conflict of interest to the Employer.
h) If the consultant fails to provide the quality services as envisaged under
this contract. Kamarajar Port Limited will make judgment
regarding the
poor quality of services, the reasons for which shall be recorded in
writing. The Kamarajar Port Limited may decide to give one chance to the
consultant to improve the quality of the services.
i) If, as the result of Force Majeure, the Consultant is unable to perform
a material portion of the Services for a period of not less than sixty (60) days.
j) If the “Employer”, in its sole discretion and for any reason whatsoever,
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decides to terminate this Contract.
In such an occurrence the “Employer” shall give not less than thirty (30)
days‟ written notice of termination to the Consultant.
4.8.2 By the Consultant
The Consultant may terminate this Contract, by not less than thirty (30)
days‟ written notice to the “Employer”, in case of the occurrence of any of the
events specified in paragraphs (a) & (b) of this Clause.
a) If, as the result of Force Majeure, the Consultant is unable to perform
a material portion of the Services for a period of not less than sixty (60) days.
b) If the “Employer” is in material breach of its obligations pursuant to this
Contract and has not remedied the same within forty-five (45) days (or
such longer period as the Consultant may have subsequently approved in
writing) following the receipt by the “Employer” of the Consultant‟s notice
specifying such breach.
4.8.3 Cessation of Rights and Obligations
Upon termination of this Contract pursuant to Clause 4.8 hereof, or upon
expiration of this Contract pursuant to Clause 2.13 and Clause 4.16 hereof,
all rights and obligations of the Parties hereunder shall cease, except (i) such
rights and obligations as may have accrued on the date of termination or
expiration, (ii) the obligation of confidentiality set forth in Clause 4.6 hereof,
and
(iii) any right which a Party may have under the Law.
4.8.4 Cessation of Services
Upon termination of this Contract by notice of either Party to the other
pursuant to Clauses 4.8.1 or 4.8.2 hereof, the Consultant shall, immediately
upon receipt or dispatch of such notice, take all necessary steps to bring the
Services to a close in a prompt and orderly manner and shall make every
reasonable effort to keep expenditures for this purpose to a minimum. With
respect to documents prepared by the Consultant the Consultant shall
proceed as provided, by Clause 4.8.5 hereof.
4.8.5 Documents Prepared by the Consultant to be the Property of
the
“Employer”
All plans, reports, other documents and software prepared, if any, by the
Consultant for the “Employer” under this Contract shall become and remain
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the property of the “Employer”, and the Consultant shall, not later than upon
termination or expiration of this Contract, deliver all such documents to
the “Employer”, together with a detailed inventory thereof. The Consultant
may retain a copy of such documents, but shall not use anywhere, without
taking permission, in writing, from the Employer and the Employer
reserves right to grant or deny any such request. If license agreements are
necessary or appropriate between the Consultant and third parties for
purposes of development of any such computer programs, the Consultant
shall obtain the “Employer‟s" prior written approval to such agreements, and
the “Employer” shall be entitled at its discretion to require recovering the
expenses related to the development of the program(s) concerned.
4.9 Procedure and Payment upon Termination:
(a) Upon termination of the Contract under Clause 4.8 on receipt of notice of
termination under Clause 4.8.1 on giving notice of termination
under
Clause4.8.2 the Consultant shall take immediate steps to stop the Services in
a prompt and orderly manner and reduce losses and to keep further
expenditure to a minimum.
(b) Upon termination of the contract pursuant to Clause 4.8.1 (g), (h) or 4.8.2,
the Consultant shall be entitled to be reimbursed such pro-rata cost as per
Clause 4.15 as shall have been duly incurred prior to the date of such
termination. No compensation shall be given on account of termination.
(c) If the agreement is terminated pursuant of Clause 4.8.1 (a) to (f), the
consultant shall not be entitled to receive any agreed payments upon
termination of the contract. However, the “Employer” may consider to make
payment for the part satisfactorily performed on the basis of Quantum Merit
as assessed by it, if such part is of economic utility to the Employer and
Employer‟s decision in this regard shall be final.
4.10 Force Majeure:
(a) If either party is temporarily unable by a reason of Force Majeure or the
laws or regulations of India to meet any of its obligations under the
contract, and if
such party gives to the other party written notice of the
event within 14 days (fourteen
days)
after
its
occurrence,
such
obligations of the party as it is unable to perform by reason of the event,
shall be suspended for as long as the inability continues for a maximum
period of 60 (Sixty) days.
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(b) Neither party shall be liable to the other party for loss or damage sustained
by such other party arising from any event referred to in clause (a) above or
delays arising from such event.
(c) The term “Force Majeure” as employed herein, shall mean “Act of God,
Strike, Lock-outs or other Industrial Disturbances, Insurrection, Riots,
Epidemics, Land Slides, Earth quakes, Storms, Lightening, Floods, Wash
Outs, Civil Disturbances, Explosions and any other similar event not
within the control of either party, and which, by the exercise of due
diligence, neither party is able to overcome.
4.11 Responsibility of Consultant during the Assignment
Apart from the defined Scope for the consultant, during the validity period,
the Consultant may be required to assist the Kamarajar Port Limitedin
obtaining necessary statutory approvals/clearances from the Government
of India / competent authority including answering queries, if any,
attending meeting with the Government departments wherever required for
the “Preparation of Rapid Techno-Economic Feasibility Report for
Development of Greater Kamarajar Port”. For attending such meetings
alone, at locations other than Chennai, the participating one expert along
with one assistant of the Consultants shall be paid their expenditure on
travel and boarding & lodging as per actual in addition to their quoted
price. The above said Travel, boarding and Lodging will be restricted
to Economy Class.
4.12 Facility/ies to be made available to Consultants
Kamarajar Port Limited will not provide office accommodation or any other
facilities
to
the
Consultants.
Consultants
shall
make
their
own
arrangements and cost for the same shall be deemed to be included in their
offer.
4.13 Laws governing the Contract : In case of any dispute between Kamarajar Port Limited and the Consultant,
all reasonable efforts shall be made for an amicable settlement in the first
instance. Unresolved disputes between the Consultant and the Employer
shall be resolved in accordance with provisions of the Indian Arbitration
and Conciliation Act, 1996 or any statutory modifications thereto. This
contract shall be governed by the Indian Laws in force and any proceeding
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relating to this contract shall be filed or taken by the contractor to a Court
of Law only in Chennai.
4.14 Performance Security
Within 15 (fifteen) days from the date of award letter from Employer, the
successful bidder/s shall furnish to the Employer a Performance Security in
the form of Demand Draft (OR) Bank Guarantee of a Nationalized ank,
enforceable and encashable at Chennai for an amount equivalent to 10% of
the awarded cost /fee as per the draft Appendix 4 to the Proposal Document.
Failure of the successful bidder to lodge and subsequently renew the required
Bank Guarantee shall constitute sufficient grounds for the termination of the
contract and forfeiting of “Earnest Money Deposit”. The performance security
shall remain in force until the satisfactory completion of the contract and will
be discharged thereafter. The obtaining of such guarantee (and the cost of
guarantee) shall be at the expense of the BIDDER/S.
4.15
Terms of Payment:
The Consultant shall be paid the awarded lump sum fee/charges for providing
the Consultancy services against the deliverables as follows:
Report
Time frame
Payment as % of the
bid amount
Submission and Presentation 15 days from the date of 10% after acceptance
of the Inception Report
award of the work
Submission and Presentation Within 90 days from the 30% after acceptance
of the Interim Report
date of approval of the
Inception report
Submission and Presentation Within 60 days from the 30% after acceptance
of the Draft Report
date of approval of the
interim report
Submission and Presentation Within 15 days from the
of the Final Report
date of approval of the
draft report
15% on submission
15% after acceptance
Note: Each payment will be made in Indian Rupees only on acceptance of the
respective report by the authority.
Note:
(i) All the documents / reports including primary data shall be
compiled,
classified and submitted by the Consultant to Kamarajar Port Limitedin
hard / soft form apart from the documents mentioned elsewhere in this
document
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(ii) In the event of discontinuance of the contract during currency of the
assignment, the payment due shall be paid as assessed by the Employer
and Employer‟s decision in this regard shall be final.
4.16 Completion Certificate:
A Completion Certificate shall be issued by the Employer on completion of
all the tasks and submission of all reports/documents as indicated in
scope of work in Clause 1.2 and other conditions to this bid document to the
satisfaction of the Employer.
4.17 Obligations of the Consultant
Employer requires that Consultants provide professional, objective,
and
impartial advice and at all times hold the Employer‟s interests paramount,
strictly avoid conflicts with other Assignment/jobs or their own corporate
interests and act without any consideration for future work.
4.18 Standard of Performance:
The Consultant shall perform the Services and carry out their obligations
hereunder with all due diligence, efficiency and economy, in accordance with
generally accepted professional standards and practices, and shall observe
sound management practices, and employ appropriate technology and
safe and effective equipment, machinery, materials and methods. The
Consultant shall always act, in respect of any matter relating to this
Contract or to the Services, as faithful adviser to the “Employer”, and shall
at all times support and safeguard the “Employer‟s” legitimate interests in
any dealings with Sub- Consultants or Third Parties.
4.19 Conflict of Interests:
The Consultant shall hold the “Employer‟s” interests paramount, without any
consideration for future work, and strictly avoid conflict of interest with
other assignments or their own corporate interests. If during the period of
this contract, a conflict of interest arises for any reasons, the Consultant
shall promptly disclose the same to the Employer and seek its instructions.
4.20 Consultant not to benefit from Commissions, Discounts etc.:
(a) The payment of the Consultant pursuant to Clause 4.15 shall constitute the
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Consultant‟s only payment in connection with this Contract and the
Consultant shall not accept for its own benefit any trade commission,
discount or similar payment in connection with activities pursuant to this
Contract or in
the discharge
of
its
obligations
hereunder, and
the
Consultant shall use its best efforts to ensure that any Sub-Consultants,
as well as the Personnel and agents of either of them, similarly shall not
receive any such additional payment.
(b) Furthermore, if the Consultant, as part of the Services, has the responsibility
of advising the “Employer” on the procurement of goods, works or services,
the Consultant shall comply with the Employer‟s applicable procurement
guidelines, and shall at all times exercise such responsibility in the best
interest of the “Employer”. Any discounts or commissions obtained by the
Consultant in the exercise of such procurement/works responsibility shall be
for the account of the “Employer”.
4.21 Consultant and Affiliates Not to Engage in Certain Activities:
The Consultant agrees that, during the term of this Contract and after its
termination, the Consultant and any entity affiliated with the Consultant, as
well as any Sub-Consultants and any entity affiliated with such SubConsultants, shall be disqualified from providing goods, works or services
(other than consulting services) resulting from or directly related to the
Consultant‟s Services for the preparation or implementation of the project.
4.22 Prohibition of Conflicting Activities:
The Consultant shall not engage, and shall cause their Personnel as well as
their Sub-Consultants and their Personnel not to engage, either directly or
indirectly, in any business or professional activities that would conflict with the
activities assigned to them under this Contract.
4.23 Consultant‟s Personnel and Sub-Consultants
4.23.1 General:
The Consultant shall employ and provide such qualified and experienced
Personnel and Sub-Consultants as are required to carry out the Services.
4.23.2 Description of Personnel:
The title, agreed job description, minimum qualification and estimated period
of engagement in the carrying out of the Services of each of the Consultant’s
Key Personnel are as per the consultant‟s proposal and are described in
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Appendix 3A.
4.23.3 Approval of Personnel:
The Key Personnel and Sub-Consultants listed by title as well as by name
in Appendix are hereby approved by the “Employer”. In respect of other
Personnel which the Consultant proposes to use in the carrying out of the
Services, the Consultant shall submit to the “Employer” for review and
approval a copy of their detailed self attested Curricula Vitae (CVs) in the
firm‟s letter head along with the notarized copies of the professional
qualification of the expert. If the “Employer” does not object in writing
(stating the reasons for the objection) within twenty-one (21) days from the
date of receipt of such CVs, such Personnel shall be deemed to have been
approved by the “Employer”.
4.23.4 Removal and/or Replacement of Personnel:
(a) Except as the “Employer” may otherwise agree, no changes shall be made in
the Personnel. If, for any reason beyond the reasonable control of the
Consultant, such as retirement, death, medical incapacity, among others,
it becomes necessary to replace any of the Personnel, the Consultant shall
forthwith provide as a replacement a person of equivalent or
better
qualifications in accordance with Clause 4.23.3.
(b) If the “Employer” (i) finds that any of the Personnel has committed
serious misconduct or has been charged with having committed a criminal
action, or (ii) has reasonable cause to be dissatisfied with the performance
of any of the Personnel, then the Consultant shall, at the “Employer‟s”
written request specifying the grounds therefore, forthwith provide as a
replacement a person with qualifications and experience acceptable to the
“Employer” in accordance with Clause 4.23.3.
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APPENDIX 1
Date :……………….
To
General Manager (CS & BD),
Port Administrative Building,
Kamarajar Port Limited,
Chennai – 600 120.
Sub: Preparation of “ Rapid Techno-Economic Feasibility Report for
Development of Greater Kamarajar Port” – Reg.
Sir,
Being
duly
authorized
to
represent
and
act
on
behalf
of
……………………. (Hereinafter referred to as “the Bidder”) and having reviewed and
fully understood all of the requirements of the bid document and information
provided, the undersigned hereby apply for the project referred above.
We are enclosing our Bid including Qualification Documents, Technical
Bid and Financial Bid in one original plus one copy, with the details as per
the requirements of the Bid Document, for your evaluation.
………………………………………
Signature
(Authorized Signatory)
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APPENDIX 2
CORPORATE INFORMATION OF BIDDER
1. (a) Name:
(b) Country of incorporation:
(c) Address of the corporate headquarters and its branch office(s), if any,in India:
(d) Date of incorporation and/or commencement of business:
2. Details of individual(s) who will serve as the point of contact / communication
for Kamarajar Port within the company:
(a) Name:
(b) Designation:
(c) Company:
(d) Address:
(e) Telephone Number:
(f) ) E-mail address:
(g) ) Fax Number:
3. Name, designation, address and phone numbers of authorized signatory of
the Bidder:
Name:
Designation:
Address:
Phone No. :
Fax No. :
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APPENDIX-2A
FINANCIAL CAPACITY OF THE APPLICANT
(Refer Clause 3.1)
Sl No
Financial Year
1
2011-2012
2
2012-2013
3
2013-2014
Annual Revenue
(In Rs.)
$
Certificate from the Statutory Auditor
This is to certify that ....................(name of the Applicant) has received the
payments shown above against the respective years on account of professional
fees.
Name of the audit
firm: Seal of the audit
firm Date:
(Signature, name and designation of the authorised signatory)
$
In case the Applicant does not have a statutory auditor, it shall provide the
certificate from its chartered accountant that ordinarily audits
the annual
accounts of the Applicant.
Note: Please do not attach any printed Annual Financial Statement.
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APPENDIX 3
ELIGIBLE ASSIGNMENT DETAILS FOR EXPERIENCE
Assignment Number:
Assignment Name:
Project Category
Refer instruction 4
Location / Country of Firm:
Professional Staff provided by
your Firm/Entity:
Name of Entity for which the
assignment was undertaken:
(Refer instruction 5)
eligible
Address:
Starting Date
(Month/Year)
:
Project Cost: (Refer instruction 6)
Nature of services provided:
Completion Date
(Month/Year):
(Refer instruction 3)
Name of Associated Consultants,
if any:
Approx. Value of Services (in INR):
No. of Professional Staff provided by
Associated Consultants:
Name of Senior Staff (Project Director/Coordinator, Team Leader)
involved and functions performed:
Narrative Description of the Project:
Description of Actual Services provided by your Firm:
Instructions:
1. Bidders are expected to provide information in respect of Eligible
Assignments in this Section. The assignments cited must comply with the
criteria specified in Clause 3.2.3.
2. Separate sheet should be filled for each of the eligible assignments.
3. For date of completion of the eligible assignment please refer Clause 3.2.3.
4. Project category shall necessarily comply with the criteria specified in Clause
3.2.3.
5. Entity shall mean the employer for whom the Bidders carried out the
assignment and are required to provide the name and contact details of
the person from the respective entity.
6. The project cost shall be more than Rs.1000 Crore.
Note : For all the Eligible Assignment, the Bidder shall provide a certificate
from the entity for whom the eligible assignment is undertaken.
Kamarajar Port reserves the right to seek supporting documents in
respect of the Eligible Assignments from the Bidder.
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APPENDIX 3A
(THIS CV SHOULD BE TYPED IN BIDDER‟S LETTER HEAD)
Curriculum Vitae (CV) of Key Personnel
Proposed
Position:
Name of Personnel:
Date of Birth
:
Nationality
:
Educational Qualifications :
(please refer Note 3 &4)
Total Experience in years :
Experience relevant to the proposed position : (please refer Cl.3.2.5)
Employment Record:
(Starting with present position, list in reverse order every employment held.)
List of projects on which the Personnel has worked :
(i) ) Name of project :
(ii) Description of responsibilities :
Details of the current assignment and the time duration for which services
are required for the current assignment :
Estimated period of engagement in carrying out this project :
Certification:
1. I, the undersigned, certify that, my qualifications and my experience
fully satisfy the essential experience criteria for my proposed position
for this assignment as stipulated in Clause 3.2.5.
2. I am willing to work on the Project and I will be available for entire duration
of the Project assignment as required.
3. I, the undersigned, certify that to the best of my knowledge and belief,
this CV correctly describes myself, my qualifications and my experience.
Place..............................
(Signature and name of the Key Personnel)
(Signature and name of the authorised signatory of the
Applicant)
Notes:
1. Use separate form for each Key Personnel
2. Each page of the CV shall be signed in ink by both the Personnel concerned
and by the Authorized Representative of the Applicant firm along with the
seal of the firm. Photocopies will not be considered for evaluation.
3. Attach notarized / attested copy of the professional qualification certificate
for each key personnel.
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4. If the notarized / attested copy of professional qualification certificate is not
furnished, such key person will not be considered for evaluation.
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APPENDIX-4
SPECIMEN FORM OF BANK GUARANTEE BOND FOR PERFORMANCE
SECURITY
Bank Guarantee for Performance Security
(Any Nationalized / Scheduled Banks, not Co-operative banks)
(On non-judicial stamp paper of the appropriate value in accordance with stamp Act. The
stamp paper to be in the name of Executing Bank. The executing bank shall be from a
Nationalised/Scheduled Bank in India)
From:
………………………………….
Name and Address of the Bank…..
………………………………
To:
The General Manager (CS & BD)
Kamarajar Port Limited,
Port Administrative Building,
Vallur Post,
Chennai – 600120.
Tamil Nadu
This DEED OF GUARANTEEE executed at ……………..by …………………. (Name of the
Bank) having its Head/Registered Office at ………………………………. (hereinafter
referred to as “the Guarantor” which expression shall unless it be repugnant to the
subject or context thereof include its heirs, executors, administrators, successors and
assigns; The Board of Directors of Kamarajar Port Limited (hereinafter called “the
Company”) having its Port office at Vallur Post, Chennai – 120.
which expression shall unless it be repugnant to the subject or context thereof include
its heirs, executors, administrators, successors and assigns;
WHEREAS M/s. ………………………….a Company registered under the Companies Act,
1956, having its registered office at ………………….(hereinafter called “the Successful
Tenderer” which expression shall unless it be repugnant to the subject or context of
thereof include its executors, administrators, successors and assigns) has successfully
bid and has been selected as prospective consultant in respect of the “Preparation of
Rapid Techno Economic Feasibility Report for Development of Greater
Kamarajar Port” (hereinafter referred to as “the Project”) and the Company has
issued Letter of Acceptance for Award of Contract to the Successful Tenderer.
WHEREAS the Company has sought an unconditional and irrevocable Bank
Guarantee for an amount of Rs………………(Rupees …………only) by way of Security
for execution of the Contract Agreement for the Project within a period of …..days from
the date of issue of the letter of Acceptance for Award of Contract and for guaranteeing
the Project and the Guarantor has agreed to provide a Guarantee being these presents;
NOW THIS DEED WITNESSETH that in consideration of the premises, we
……………..Bank hereby guarantees as follows:
(a) The Successful Tenderer shall execute the Contract Agreement before ……..(date)
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(b)
(c)
(d)
(e)
(f)
(g)
and shall perform the “Preparation of Rapid Techno Economic Feasibility
Report for Development of Greater Kamarajar Port” in accordance with the
Scope of Proposal and Terms of Reference contained in the tender submitted by the
Successful Tenderer.
We, the Guarantor, shall without demur, pay to the Company an amount not
exceeding Rs………………(Rupees……….only) on receipt of a written demand thereof
from the Company stating that the Successful Tenderer has failed to meet its
performance obligations as stated in Clause (a) above.
The above payment shall be made by us without any reference to the Successful
Tenderer or any other person and irrespective of whether the claim of the Company
is disputed by the Successful Tenderer or not.
This Guarantee shall be valid and shall remain in force for a period of two (2) years
from ………….(date) i.e., upto and inclusive of ………..(date).
In order to give effect to this Guarantee, the Company shall be entitled to treat the
Guarantor as the principal debtor and the obligations of the Guarantor shall not be
affected by any variations in the terms and conditions of the Contract or other
documents by the Company or by the extension of time of performance granted to
the Successful Tenderer or any postponement for any time of the power exercisable
by the Company against the Successful Tenderer or forebear or enforce any of the
terms and conditions of the Contract and we shall not be relieved from our
obligations under this Guarantee on account of any such variation, extension,
forebearance or omission on the part of the Company or any indulgence by the
Company to the Successful Tenderer to give such matter or thing whatsoever which
under the law relating to sureties would but for this provision have effect of so
relieving us.
This Guarantee shall be irrevocable and shall remain in full force and effect until
all our obligations under the guarantee are duly discharged.
The Guarantor has power to issue this guarantee and the undersigned is duly
authorised to execute this Guarantee pursuant to the power granted under
…………….
All claims under this guarantee shall be presented to and enactable at the ----------------- branch at Chennai only.
IN WITNESS WHEREOF the Guarantor has set its hands hereunto on the day,
month and year first herein above written.
Signed and delivered by ………………………………….Bank
By the hand of Shri …………………………………….
Its …………………………..and authorised office.
Date……….
Place:………………
………………………………..
(Name in Block letters)
…………………………
(Designation)
……………….
(Address)…….
………
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Witness:
1. Signature
Name & Address & Seal
.
2. Signature
Name & address & Seal
Bank's Seal
Authorisation No………………………
*****
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APPENDIX – 5
FORM OF AGREEMENT
This agreement is made on the ……………………… day of 2015 (Two Thousand
and Fifteen ) between Kamarajar Port Limited incorporate under the Companies
Act having its office at K a m a r a j a r P o r t L i m i t e d , P o r t A d m i n B u i l d i n g ,
Vallur Post, Chennai 120 ,
of
the
one
hereinafter
called
the
„Employer‟
part and
…………………………………………(Name
of
the
Consultant)
………………………………… mailing address of Consultant herein after called „The
Consultant ‟ of the other part. Whereas the Employer is desirous of certain tasks
be performed viz. “Providing Consultancy services for “Preparation of “ Rapid
Techno-Economic Feasibility Report for Development of Greater Kamarajar
Port ” and has accepted a proposal of the Consultant as referred in the assignment
NOW THIS AGREEMENT WITNESSETH as follows:
1. In this agreement words and expression shall have the same meaning as are
respectively assigned to them in the conditions of Proposal
Document
hereinafter referred to.
2. The following documents shall be deemed to form and be read and construed
as part of this Agreement viz.
a. The Preparation of “Rapid Techno-Economic Feasibility Report for
Development of Greater Kamarajar Port”
b. All amendments to the
Preparation
of
“Rapid
Techno-Economic
Feasibility Report for Development of Greater Kamarajar Port” as
issued by the employer prior to submission of bids, queries of Bidders, if any.
c. Award letter issued by the Employer vide No……………………… dated
………………………………………… and all correspondence exchanged between
the Employer and the Consultant up to the date of award letter as
specifically referred to in the said award letter.
3. In consideration of the payment to be made by the Employer to the
Consultant as hereinafter mentioned the Consultant hereby covenants with the
Employer to execute and complete the works in conformity with in all respects
with the provisions of the contract.
4. The Employer hereby covenants to pay the Consultant in consideration of the
completion of the works the Consultancy charges in the manner prescribed in
the proposal document and accepted by the Consultant.
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IN WITNESS WHEREOF the parties hereto have caused their respective
common seals to be hereunto affixed (or have hereunto set their respective
hands and seals) the day and year first above written.
SIGNED, SEALED AND DELIVERED: SIGNED, SEALED AND DELIVERED
By the said by the said
Name
On behalf of the Consultant in
the Presence of :
Name
the
On behalf of the Consultant in
Presence of :
Name
Name
Address
Address
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Power of Attorney
APPENDIX – 6
Know all men by these presents, we, ......................................... (name of Firm and
address of the registered office) do hereby constitute, nominate, appoint and authorise
Mr / Ms........................................ son/daughter/wife and presently residing at
........................................, who is presently employed with us and holding the position
of .................... as our true and lawful attorney (hereinafter referred to as the
“Authorised Representative”) to do in our name and on our behalf, all such acts, deeds
and things as are necessary or required in connection with or incidental to submission
of our Proposal for Appointment of Consultant for Preparation of Rapid Techno
Economic Feasibility Report for Development of Greater Kamarajar Port (the
“Authority”) including but not limited to signing and submission of all applications,
proposals and other documents and writings, participating in pre-bid and other
conferences and providing information/ responses to the Authority, representing us in
all matters before the Authority, signing and execution of all contracts and
undertakings consequent to acceptance of our proposal and generally dealing with the
Authority in all matters in connection with or relating to or arising out of our Proposal
for the said Project and/or upon award thereof to us till the entering into of the
Agreement with the Authority.
AND, we do hereby agree to ratify and confirm all acts, deeds and things lawfully done
or caused to be done by our said Authorised Representative pursuant to and in
exercise of the powers conferred by this Power of Attorney and that all acts, deeds and
things done by our said Authorised Representative in exercise of the powers hereby
conferred shall and shall always be deemed to have been done by us.
IN WITNESS WHEREOF WE, .................... THE ABOVE NAMED PRINCIPAL HAVE
EXECUTED THIS POWER
OF ATTORNEY ON THIS .................... DAY OF ........, 2015
For .......................................
Signature, name, designation and address)
Witnesses:
1
2
Notarised
Accepted
Signature, name, designation and address of the Attorney
Notes:
• The mode of execution of the Power of Attorney should be in accordance with
the procedure, if any, laid down by the applicable law and the charter
documents of the executants (s) 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 executed on a non-judicial stamp paper of Rs. 50
(fifty) and duly notarised by a notary public.
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•
Wherever required, the Applicant should submit for verification the extract of
the charter documents and other documents such as a resolution/power of
attorney in favour of the person executing this Power of Attorney for the
delegation of power hereunder on behalf of the Applicant.
•
For a Power of Attorney executed and issued overseas, the document will also
have to be legalised by the Indian Embassy and notarised in the jurisdiction
where the Power of Attorney is being issued. However, the Power of Attorney
provided by Bidders from countries that have signed the Hague Legislation
Convention 1961 are not required to be legalised by the Indian Embassy if it
carries a conforming Apostle certificate.
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APPENDIX – 7
MEMORANDUM OF UNDERSTANDING AMONG CONSORTIUM MEMBERS
(on a stamp paper)
(Refer Clause 1.5.1)
This Memorandum of Understanding is entered into on this ___ day of
______2015 between ______________ (name and address) , a Public Limited Company
having registered office at _________________ represented by its _________ (hereinafter
referred
to
as
LEAD
CONSORTIUM
MEMBER
or
‘LCM’)
and
M/s._________________(name and address), a Public Limited Company having
registered office at _________________ represented by its _________ (hereinafter referred
to as the Party of the SECOND PART) and M/s.__________________ (name and
address) , a Public Limited Company having registered office at _________________
represented by its _________ (hereinafter referred to as the Party of the THIRD
PARTY), and all the parties above are collectively hereinafter referred as ‘PARTIES’
WHEREAS M/s. Kamarajar Port Limited (KPL), a Government of India
undertaking has issued a tender No ___________ (hereinafter called the TENDER) for
selection of a Consultant for Preparation of Rapid Techno Economic Feasibility Report
for Development of Greater Kamarajar Port (hereinafter referred to as
CONSULTANCY ASSIGNMENT).
WHEREAS KPL has invited application from the interested parties in
accordance with the tender, in order to shortlist competent applicants for completion
of the assignment as per the tender.
WHEREAS the tender issued by KPL has set out certain criteria for evaluation
and has also permitted submission of Tender by bidding Consortium, has set out the
principles of MOU that is to be executed between the members of the Consortium and
the essential terms that are to contain therein.
WHEREAS the parties to the MOU are desirous of setting out the terms of the
agreement between themselves in accordance with the said requirements.
Now this MEMORANDUM OF UNDERSTANDING WITNESSETH follows :
I.
TERM :
1. This MOU shall be valid for the period of 6 (Six) months from the last date for
submission of Tender.
2. The Parties agree that on request from KPL, the parties shall extend the validity
period of the MOU on the original terms with such amendment as may be
permitted by mutual agreement.
II.
SCOPE :
This MOU is being entered into for the singular purpose of submission of Tender
floated by KPL and is restricted to the Consultancy Assignment indicated in the
Tender No. _____ issued by KPL.
III.
LEAD CONSORTIUM MEMBER :
The parties to this agreement agree that M/s.______________ is the designated
Lead Consortium Member as defined in the Tender and shall be vested with the
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IV.
prime responsibility of completing the assignment.
RESPONSIBILITIES OF THE PARTIES :
V.
The LCM is vested with the prime responsibility of completing the assignment.
LCM shall also ensure the individual and collective commitment of each of the
Consortium Members in honouring the bidders’ obligations towards the Client.
In addition to the above,
LCM shall have the following responsibility _________________________ (to be
specified)
Party on the Second Part shall have the following responsibility _____________ (to
be specified)
Party on the Third Part shall have the following responsibility ________(to be
specified)
JOINT AND SEVERAL LIABILITY :
VI.
It is expressly agreed to between the parties that notwithstanding the fact that
LCM shall have overall responsibility for completion of the assignment, the
consortium members shall have joint and several liability in ensuring the
completion of the assignment in so far as KPL is concerned.
Each of the parties to this agreement represent and warrant that they have not
entered into any other MOU to be part of the bidding consortium for the Tender
which is the subject matter of this MOU nor they have sought to or will they
submit bids in their individual capacity in respect of such Tender.
VII.
INDEMNITY :
Parties of this MOU expressly agree that they shall hold each of the other party
to this agreement free from all claims and liabilities arising solely out of default
committed by them and agree to indemnify the other ______ parties in the event
of any claim arising out of or in relation to any default committed or action
taken by such party.
VIII. AMENDMENTS :
IX.
Parties to the MOU agree that the present MOU is being entered into for the
specific purpose of participating and submitting the Tender and if it is so
necessary and circumstances require this MOU in so far as it is permitted by
KPL, expressly or otherwise, be amended by mutual written agreement.
CONFIDENTIALITY :
Parties to the MOU expressly agree that maintenance of confidentiality of the
relationship between the parties as also any and of all the information that may
become available to each of the parties in respect of other party to this MOU are
of confidential nature and neither parties nor their officers shall allow such of
the information to become available and shall maintain fullest confidentiality.
This clause shall however be not applicable to information that is already in the
public domain.
X.
DISPUTES :
Parties to this MOU agree that in the event of any clarification or disputes, the
same shall be settled by mutual consultation and in the event of the parties
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failing to arrive at mutually acceptable decision in respect of any dispute, the
same shall be referred to arbitration by an independent person to be nominated
by LCM whose decision shall be final and binding between the parties.
XI.
JURISDICTION :
All claims arising out of or in relation to this MOU shall be the subject matter of
jurisdiction of civil courts in Chennai alone.
XII.
NOTICES :
In case of any, notices should be served on the following addresses :
1. Lead Consortium Member : M/s. _________________ (address, phone no.,
email)
2. Party of the Second Part :
email)
M/s. _________________ (address, phone no.,
3. Party of the Third Part :
email)
M/s. _________________ (address, phone no.,
In witness whereof, the parties hereto have set their hand and signature on the day,
month and year first above written at Chennai.
Witnesses :
Signed by : Authorised representative of Lead
Member
Signed by : Authorised representative of Party of the Second Part
Signed by : Authorised representative of Party of Third Part
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APPENDIX – 8
Power of Attorney for Lead Member of Consortium
(Refer Clause 1.5.2)
Whereas the Kamarajar Port Limited (“the Authority”) has invited applications from
interested parties for the “Consultancy Services for Preparation of Rapid Techno
Economic Feasibility Report for Development of Greater Kamarajar Port ” Project
(the “Project”).
Whereas,
……………………..,
……………………..,
……………………..
and
…………………….. (collectively the “Consortium”) being Members of the Consortium are
interested in bidding for the Project in accordance with the terms and conditions of the
tender document and other connected documents in respect of the Project, and
Whereas, it is necessary for the Members of the Consortium to designate one of them
as the Lead Member with all necessary power and authority to do for and on behalf of
the Consortium, all acts, deeds and things as may be necessary in connection with the
Consortium’s bid for the Project and its execution.
NOW THEREFORE KNOW ALL MEN BY THESE PRESENTS
We, ……………………………….. having our registered office at …………………………..,
M/s. ……………………………….. having our registered office at …………………………..,
M/s.……………………………….. having our registered office at …………………………..,
and M/s………………………….. having our registered office at ……………….………….,
(hereinafter collectively referred to as the “Principals”) do hereby irrevocably designate,
nominate, constitute, appoint and authorise M/S …………………….. having its
registered office at …………………….., being one of the Members of the Consortium, as
the Lead Member and true and lawful attorney of the Consortium (hereinafter referred
to as the “Attorney”). We hereby irrevocably authorise the Attorney (with power to subdelegate) to conduct all business for and on behalf of the Consortium and any one of
us during the bidding process and, in the event the Consortium is awarded the
concession/contract, during the execution of the Project and in this regard, to do on
our behalf and on behalf of the Consortium, all or any of such acts, deeds or things as
are necessary or required or incidental to the pre- qualification of the Consortium and
submission of its bid for the Project, including but not limited to signing and
submission of all applications, bids and other documents and writings, participate in
bidders and other conferences, respond to queries, submit information/ documents,
sign and execute contracts and undertakings consequent to acceptance of the bid of
the Consortium and generally to represent the Consortium in all its dealings with the
Authority, and/ or any other Government Agency or any person, in all matters in
connection with or relating to or arising out of the Consortium’s bid for the Project
and/ or upon award thereof till the Contract Agreement is entered into with the
Authority.
AND hereby agree to ratify and confirm and do hereby ratify and confirm all acts,
deeds and things lawfully done or caused to be done by our said Attorney pursuant to
and in exercise of the powers conferred by this Power of Attorney and that all acts,
deeds and things done by our said Attorney in exercise of the powers hereby conferred
shall and shall always be deemed to have been done by us / Consortium.
IN WITNESS WHEREOF WE THE PRINCIPALS ABOVE NAMED HAVE EXECUTED
THIS POWER OF ATTORNEY ON THIS _____ DAY OF _____2015
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For ___ ______
(Signature)
________________________
(Name & Title)
For ___ ______
(Signature)
__________________________
(Name & Title)
For ___ ______
(Signature)
__________________________
(Name & Title)
For ___ ______
(Signature)
__________________________
(Name & Title)
Witnesses:
1.
2.
__ ___
(Executants)
(To be executed by all the Members of the Consortium)
Notes:
 The mode of execution of the Power of Attorney should be in accordance with the
procedure, if any, laid down by the applicable law and the charter documents of
the executant(s) and when it is so required, the same should be under common
seal affixed in accordance with the required procedure.
 Also, wherever required, the Applicant should submit for verification the extract of
the charter documents and documents such as a resolution / power of attorney in
favour of the person executing this Power of Attorney for the delegation of power
hereunder on behalf of the Applicant.
 For a Power of Attorney executed and issued overseas, the document will also
have to be legalised by the Indian Embassy and notarised in the jurisdiction
where the Power of Attorney is being issued. However, the Power of Attorney
provided by Applicants from countries that have signed the Hague Legislation
Convention1961 are not required to be legalised by the Indian Embassy if it
carries a conforming Appostille certificate.
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Annexure 2
GENERIC STRUCTURE OF THE TECHNO-ECONOMIC FEASIBILITY REPORT
1. Context / Background: This should provide a brief description of the sector
/ sub-sector, the national priority, strategy and policy framework as well
as a brief description of the existing situation.
2. Problems to be addressed: This section should elaborate the problems to
be addressed through the project / scheme at the local / regional /
national level, as the case may be. Evidence regarding the nature and
magnitude of the problems should be presented, supported by baseline
data / surveys / reports. Clear evidence should be available regarding the
nature and magnitude of the problems to be addressed.
3. Project
Objectives:
This
section
should
indicate
the
Development
Objectives proposed to be achieved, ranked in order of importance. The
deliverables / outputs for each Development Objective should be spelt out
clearly. This section should also provide a general description of the project.
4. Target Beneficiaries: There should be clear identification of
beneficiaries. Stakeholders analysis should be undertaken,
target
including
consultation with stakeholders at the time of project formulation. Options
regarding cost sharing and beneficiary participation should be explored and
incorporated in the project. Impact of the project on weaker sections
society, positive or negative, should be assessed and remedial
of
steps
suggested in case of adverse impact.
i.
Project Strategy: This section should present an analysis
of
alternative strategies available to achieve the Development Objectives.
Reasons for selecting the proposed strategy should be brought out.
Involvement of NGOs should be considered. Basis for prioritization of
locations
should
be
indicated
(where
relevant).
Options
and
opportunity for leveraging government funds through Public-Private
Partnership must be given priority and explored in depth.
ii. Legal Framework: This sector should present the legal framework
within which the project will be implemented and strengths
and weakness of the legal framework in so far as it impacts on
achievement of project objectives.
iii. Environmental Impact Assessment: Environmental Impact
Assessment should be undertaken, wherever required and measures
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identified to mitigate adverse impact, if any. Issues relating to
land
acquisition,
diversion
of
forest
land,
rehabilitation
and
resettlement should be addressed in this section.
iv. On-going Initiatives: This section should provide a description of
ongoing initiatives and the manner in which duplication will be
avoided and synergy created through the proposed project.
v. Technology Issues: This section should elaborate on technology
choices, if any, evaluation of options, as well as the basis for choice of
technology for the proposed project.
vi. Management Arrangement: Responsibilities of different agencies for
project management and implementation should be elaborated.
The organization structure at various levels as well as monitoring and
coordination arrangements should be spelt out.
vii. Means of Finance and Project Budget: This section should focus on
means of finance, evaluation of options, project budget, cost estimates
and phasing of expenditure. Options for cost sharing and cost
recovery (use charges) should be considered and built into the total
project cost. Infrastructure projects may be assessed on the basis of
the cost of debt finance and the tenor of debt. Options for raising
funds through private sector participation should also be considered
and built into the project cost.
viii. Time Frame : This section should indicate the proposed 'Zero' date
for commencement and also provide a PERT / CPM chart, wherever
relevant.
ix. Risk Analysis : This section should focus on identification and
assessment of project risks and how these are proposed to be
mitigated. Risk analysis could include legal / contractual risks,
environmental risks, revenue risks, project management
risks,
regulatory risks, etc.
x. Evaluation : This section should focus on lessons learnt from
evaluation of similar projects implemented in the past. Evaluation
arrangements for the project, whether concurrent, mid-term or
post- project should be spelt out. It may be noted that continuation
of projects / schemes from one Plan period to another will not be
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permissible without an independent, in depth evaluation
being
undertaken.
xi. Success
Criteria
:
Success
criteria
to
assess
whether
the
Development Objectives have been achieved should be spelt out in
measurable terms. Base-line data should be available against
which success of the project will be assessed at the end of the project
(Impact assessment). In this regard, it is essential that base-line
surveys be undertaken in case of large, beneficiary-oriented projects.
Success criteria for each Deliverable / Output of the project should
also be specified in measurable terms to assess achievement against
proximate goals.
xii. Financial and Economical Analysis : Financial and economic
analysis of the project is to undertaken showing FIRR and EIRR for
the whole project and distinctly for Public Private Partnership projects
envisaged in the scope. The sensitivity analysis with respect to
risks and other factors are required to be addressed .
xiii. Sustainability:
Issues
relating
to
sustainability,
including
stakeholder commitment, operation and maintenance of assets after
project completion, and other related issues should be addressed in
this section.
Note: Requirement of the EFT / PIB format may also be kept in
view while preparing the TEFR
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Annexure 3
INTEGRITY PACT
(The Integrity Pact agreement shall be executed in Rs 100/- non judicial stamp
paper)
GENERAL
This Agreement (herein after called the Integrity Pact)
BETWEEN
Kamarajar Port Limited, represented by the Chairman cum Managing Director,
Kamarajar Port Limited, Chennai hereinafter referred to as “THE PRINCIPAL” /
“EMPLOYER”
AND
M/s ---------------------------------------------- and having its Registered office at -------------represented by Shri ……………………………………… hereinafter referred to as “The
BIDDER / CONTRACTOR”.
Preamble
The Principal intends to award, under laid down organizational procedures,
contract/s for --------------------------------------------------------(Name of the Contract /
Project / Stores equipment / item). The Principal values full compliance with all relevant
laws and regulations, and the principles of economic use of resources, and of fairness
and transparency in its relations with the Bidder/s and Contractor/s.
In order to achieve these goals, the Principal will appoint an External Independent
Monitor who will monitor the tender process and the execution of the contract for
compliance with the principles mentioned above.
NOW, THEREFORE,
To avoid all forms of corruption by following a system that is fair, transparent and free
from any influence / prejudiced dealings prior to, during and subsequent to the currency
of the contract to be entered into with a view to:Enabling the PRINCIPAL/EMPLOYER to obtain the desired said stores / equipment at a
competitive price in conformity with the defined specifications by avoiding the high
cost and the distortionary impact of corruption on public procurement, and
Enabling BIDDERs / CONTRACTORs to abstain from bribing or indulging in any corrupt
practice in order to secure the contract by providing assurance to them that their
competitors will also abstain from bribing and other corrupt practices and the
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PRINCIPAL/EMPLOYER will commit to prevent corruption, in any form, by its officials by
following transparent procedures.
The parties hereto hereby agree to enter into this Integrity Pact and agree as follows:Commitments of the PRINCIPAL/EMPLOYER
The PRINCIPAL/EMPLOYER undertakes that no official of the Principal/Employer
connected directly or indirectly with the contract, will demand, take a promise for or
accept, directly or through intermediaries, any bribe, consideration, gift, reward, favour
or any material or immaterial benefit or any other advantage from the BIDDER /
CONTRACTOR, either for themselves or for any person, organization or third party
related to the contract in exchange for an advantage in the bidding process, bid
evaluation, contracting or implementation process related to the contract.
The PRINCIPAL/EMPLOYER will, during the pre-contract stage, treat all BIDDERs /
CONTRACTORs alike, and will provide to all BIDDERs / CONTRACTORs the same
information and will not provide any such information to any particular BIDDER /
CONTRACTOR which could afford an advantage to that particular BIDDER /
CONTRACTOR in comparison to other BIDDER / CONTRACTOR and could obtain an
advantage in relation to the tender process or the contract execution.
All the officials of the PRINCIPAL/EMPLOYER will report to the Chairman cum Managing
Director / Chief Vigilance Officer of Kamarajar Port Limited any attempted or completed
breaches of the above commitments as well as any substantial, suspicion of such a
breach.
If the PRINCIPAL/EMPLOYER obtains information on the conduct of any of its employees
with full and verifiable facts and the same is prima facie found to be correct which is a
criminal offence under the Indian Penal Code / Prevention of Corruption Act, or if there
be a substantive suspicion in this regard, the Principal will inform its Chief Vigilance
Officer and in addition can initiate disciplinary actions.
Commitments of the BIDDER / CONTRACTOR
The Bidder / Contractor commit himself to take all measures necessary to prevent
corruption. He commits himself to observe the following principles during his
participation in the tender process and during the post contract stage.
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i.
The Bidder /Contractor will not enter with other Bidder / Contractors into any
undisclosed agreement or understanding, whether formal or informal. This
applies in particular to prices, specifications, certifications, subsidiary contracts,
submission or non-submission of bids or any other actions to restrict
competitiveness or to introduce cartelization in the bidding process. The
Bidder/Contractor will not commit any offence under the Indian Penal Code,
1860 / Prevention of Corruption Act, 1988 further the Bidder / Contractor will
not use improperly, for purposes of competition or personal gain, or pass on to
others, any information or document provided by the Principal as part of the
business relationship, regarding plans, technical proposals and business details,
including information contained or transmitted electronically. The Bidder /
Contractor will not offer, directly or through intermediaries, any bribe, gift,
consideration, reward, favour, any material or immaterial benefit or any other
advantage, commission, fees, brokerage or inducement to any official of the
Principal/Employer, connected directly or indirectly with the bidding process, or
to any person, organization or third party related to the contract in exchange for
any advantage in the bidding, evaluation, contracting and implementation of the
contract. The Bidder/Contractor further undertakes that it has not given, offered
or promised to give directly or indirect any bribe, gift, consideration, reward,
favour, any material or immaterial benefit or any other advantage, commission,
fees, brokerage or inducement to any official of the Principal/Employer or
otherwise in procuring the Contract or forbearing to do or having done any act in
relation to the obtaining or execution of the contract or any other contract with
the Principal for showing or forbearing to show favour or disfavour to any person
in relation to the contract or any other contract with the Principal.
ii.
The Bidder / Contractor of foreign origin shall disclose the name and address of
the Agents /representatives in India, if any. Similarly the Bidder/Contractor of
Indian Nationality shall furnish the name and address of the foreign principals, if
any.
iii.
Bidder / Contractors shall disclose the payments to be made by them to agents
or any other intermediary, in connection with this bid/contract.
iv.
The Bidder / Contractor further confirms and declares to the Principal/
Employer that the Bidder / Contractor is the original manufacturer/integrator/
authorized government sponsored export entity of the stores and has not
engaged any individual or firm or company whether Indian or foreign to
intercede, facilitate or in any way to recommend to the Principal/Employer or
any of its functionaries, whether officially or unofficially to the award of the
contract to the Bidder / Contractor, nor has any amount been paid, promised or
intended to be paid to any such individual, firm or company in respect of any
such intercession, facilitation or recommendation.
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v.
The Bidder / Contractor, either while presenting the bid or during pre-contract
negotiations or before signing the contract, shall disclose any payments he has
made, is committed to or intends to make to officials of the Principal/Employer
or their family members, agents, brokers or any other intermediaries in
connection with the contract and the details of services agreed upon for such
payments.
vi.
The Bidder / Contractor will not collude with other parties interested in the
contract to impair the transparency, fairness and progress of the bidding
process, bid evaluation, contracting and implementation of the contract.
The Bidder / Contractor will not accept any advantage in exchange for any
corrupt practice, unfair means and illegal activities.
vii.
viii.
The Bidder / Contractor shall not use improperly, for purposes of competition or
personal gain, or pass on to others, any information provided by the
Principal/Employer as part of the business relationship, regarding plans,
technical proposals and business details, including information contained in any
electronic data carrier. The Bidder / Contractor also undertakes to exercise due
and adequate care lest any such information is divulged.
ix.
The Bidder / Contractor commits to refrain from giving any complaint directly or
through any other manner without supporting it with full and verifiable facts.
x.
The Bidder / Contractor will not instigate third persons to commit offences
outlined above or be an accessory to such offences.
xi.
If the Bidder/Contractor or any employee of the Bidder/Contractor or any person
acting on behalf of the Bidder/Contractor, either directly or indirectly, is a
relative of any of the officers of the Principal/Employer, or alternatively, if any
relative of an officer of the Principal/Employer has financial interest / stake in
the Bidder / Contractor’s firm, the same shall be disclosed by the Bidder /
Contractor at the time of filing of tender. The term ‘relative’ for this purpose
would be as defined in Section 6 of the Companies Act 1956.
xii.
The Bidder / Contractor shall not lend to or borrow any money from or enter into
any monetary dealings or transactions, directly or indirectly, with any employee
of the Principal/Employer.
Previous Transgression
The Bidder / Contractor declares that no previous transgression occurred in the last
three years immediately before signing of this Integrity Pact, with any other company in
any country in respect of any corrupt practices envisaged hereunder or with any Public
Sector Enterprises in India or any Government Department in India that could justify
Bidder / Contractor’s exclusion from the tender process. If the Bidder / Contractor
makes incorrect statement on this subject, the Bidder / Contractor can be disqualified
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from the tender process or the contract, if already awarded, can be terminated for such
reason.
Sanction for Violations
Any breach of the aforesaid provisions by the Bidder / Contractor or any one employed
by it or acting on its behalf (whether with or without the knowledge of the Bidder /
Contractor shall entitle the Principal / Employer to take all or any one of the following
actions, wherever required:(i)
To immediately call off the pre contract negotiations without assigning any
reason or giving any compensation to the BIDDER / CONTRACTOR, However,
the proceedings with the other BIDDER / CONTRACTOR (s) would continue.
(ii)
The Earnest Money Deposit (in pre-contract stage) and / or Security Deposit /
Performance Bond (after the contract is signed) shall stand forfeited either fully
or partially, as decided by the PRINCIPAL/EMPLOYER and the
PRINCIPAL/EMPLOYER shall not be required to assign any reason therefore.
(iii)
To immediately cancel the contract, if already signed, without giving any
compensation to the BIDDER / CONTRACTOR.
(iv)
To recover all sums already paid by the PRINCIPAL/EMPLOYER, and in case of
an Indian BIDDER / CONTRACTOR with interest thereon at 2% higher than
the prevailing Prime Lending Rate of State Bank of India , while in case of a
BIDDER / CONTRACTOR from a country other than India with interest thereon
at 2% higher than the LIBOR. If any outstanding payment is due to the
BIDDER / CONTRACTOR from the PRINCIPAL/EMPLOYER in connection with
any other contract for any other stores, such outstanding payment could also
be utilized to recover the aforesaid sum and interest.
(v)
To encash the advance bank guarantee and performance bond / warranty
bond, if furnished by the BIDDER / CONTRACTOR, in order to recover the
payments, already made by the PRINCIPAL/EMPLOYER, along with interest.
(vi)
To cancel all or any other Contracts with the BIDDER / CONTRACTOR. The
BIDDER / CONTRACTOR shall be liable to pay compensation for any loss or
damage to the PRINCIPAL/EMPLOYER resulting from such cancellation/
rescission and the PRINCIPAL/EMPLOYER shall be entitled to deduct the
amount so payable from the money(s) due to the BIDDER / CONTRACTOR.
(vii)
To debar the BIDDER / CONTRACTOR from participating in future bidding
processes of the Principal for a minimum period of five years, which may be
further extended at the discretion of the PRINCIPAL/EMPLOYER.
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(viii)
To recover all sums paid in violation of this Pact by BIDDER/CONTRACTOR(s)
to any middleman or agent or broker with a view to securing the contract.
(ix)
In cases where irrecoverable Letters of Credit have been received in respect of
any contract signed by the PRINCIPAL/EMPLOYER with the BIDDER /
CONTRACTOR, the same shall not be opened.
(x)
Forfeiture of Performance Bond in case of a decision by the
PRINCIPAL/EMPLOYER to forfeit the same without assigning any reason for
imposing sanction for violation of this pact.
(xi)
The Bidder / Contractor accepts and undertakes to respect and uphold the
Principal’s absolute right to resort to and impose such exclusion and further
accepts and undertakes not to challenge or question such exclusion on any
ground, including the lack of any hearing before the decision to resort to such
exclusion is taken. This undertaking is given freely and after obtaining
independent legal advice.
(xii)
If the Bidder / Contractor can prove that he has restored /recouped the
damage caused by him and has installed a suitable corruption prevention
system, in such a case, it will be discretion of the Principal to revoke the
exclusion prematurely.
(xiii)
The PRINCIPAL/EMPLOYER will be entitled to take all or any of the actions
mentioned at Para (i) to (xii) above of this Pact also on the Commission by the
BIDDER / CONTRACTOR or any one employed by it or acting on its behalf
(whether with or without the knowledge of the BIDDER / CONTRACTOR), of an
offence as defined in Chapter IX of the Indian Penal code, 1860 or Prevention of
corruption Act, 1988 or any other statute enacted for prevention of corruption.
(xiv)
The decision of the PRINCIPAL / EMPLOYER to the effect that a breach of the
provisions of this Pact has been committed by the BIDDER / CONTRACTOR
shall be final and conclusive on the BIDDER / CONTRACTOR. However, the
BIDDER / CONTRACTOR can approach the Independent Monitor (s) appointed
for the purposes of this Pact.
Fall Clause
The BIDDER / CONTRACTOR undertakes that it has not supplied / is not
supplying similar product / systems or subsystems at a price lower than that offered in
the present bid in respect of any other Ministry / Department of the Govt. of India or PSU
and if it is found at any stage that similar product / systems or subsystems was supplied
by the BIDDER / CONTRACTOR to the Principal at a lower price, then that very price,
with due allowance for elapsed time, will be applicable to the present case and the
difference in the cost would be refunded by the BIDDER / CONTRACTOR to the
PRINCIPAL / EMPLOYER, if the contract has already been concluded.
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Independent Monitors
The Principal/Employer has appointed two Independent External Monitors (hereinafter
referred to as Monitors)
1. Shri Velayutham Venkatachalam, IAS (Retired)
House No:92
Ramnagar North Extension,
6th Main Road,
Velachery,
Chennai – 600 042.
2. Er. T.Govindarajan,
No. 5/5/, Saraswathy Nagar,
Behind CSI Church,
Kovaiputhur,
Coimbatore – 641 402.
(a)
The task of the Monitors shall be to review independently and objectively, whether
and to what extent the parties comply with the obligations under this Pact.
(b)
The Monitors shall not be subject to instructions by the representatives of the
parties and perform their functions neutrally and independently.
(c)
Both the parties accept that the Monitors have the right to access all the
documents relating to the project / procurement, including minutes of meetings.
(d)
As soon as the Monitor notices, or has reason to believe, a violation of this pact, he
will so inform the authority designated by the Principal and the Chief Vigilance
Officer of Kamarajar Port Limited.
(e)
The BIDDER / CONTRACTOR(s) accepts that the Monitor has the right to access
without restriction to all Project documentation of the PRINCIPAL including that
provided by the BIDDER / CONTRACTOR. The BIDDER / CONTRACTOR will also
grant the Monitor, upon his request and demonstration of a valid interest
unrestricted and unconditional access to his project documentation. The same is
applicable to Subcontractors. The Monitor shall be under contractual obligation to
treat the information and documents of the Bidder / Contractor / Subcontractor(s)
with confidentiality.
(f)
The Principal / Employer will provide to the Monitor sufficient information about
all meetings among the parties related to the Project provided such meetings could
have an impact on the contractual relations between the Principal and the
Contractor. The parties offer to the Monitor, the option to participate in such
meetings.
(g)
The Monitor will submit a written report to the designated Authority of Principal /
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Employer / Chief Vigilance Officer of Kamarajar Port Limited within 8 to 10 weeks
from the date of reference or intimation to him by the Principal / Employer /
Bidder / Contractor and should the occasion arise, submit proposals for
correcting problematic situation.
(h)
As soon as the Monitor notices, or believes to notice, a violation of this agreement,
he will so inform the Management of the Principal and request the Management to
discontinue or to take corrective action, or to take other relevant action. The
Monitor can in this regard submit non-binding recommendations. Beyond this, the
Monitor has no right to demand from the parties that they act in a specific
manner, refrain from action or tolerate action.
(i)
If the Monitor has reported to the Principal substantiated suspicion of an offence
under the Indian Penal Code, 1860 / Prevention of Corruption Act,1988 and the
Principal / Employer has not, within reasonable time, taken visible action to
proceed against such offence or reported to the Chief Vigilance Officer, the Monitor
may also transmit this information directly to the Central Vigilance Commissioner,
Government of India.
(j)
The word ‘Monitor’ would include both singular and plural.
Facilitation of Investigation
In case of any allegation of violation of any provisions of this Pact or payment of
commission, the PRINCIPAL / EMPLOYER or its agencies shall be entitled to examine all
the documents including the Books of Accounts of the BIDDER / CONTRACTOR and the
BIDDER / CONTRACTOR shall provide necessary information and documents in English
and shall extend all possible help for the Purpose of such examination.
Other Provisions
Changes and supplements as well as termination notices need to be made in
writing. Side agreements have not been made.
If the Contractor is a partnership or a consortium, this agreement must be signed
by all partners or consortium members.
Law and Place of Jurisdiction
This Pact is subject to Indian Law. The place of performance and jurisdiction is the
seat of the PRINCIPAL / EMPLOYER.
Other Legal Actions
The actions stipulated in this Integrity Pact are without prejudice to any other
legal action that may follow in accordance with the provisions of the extant law in force
relating to any civil or criminal proceedings.
Validity
The validity of this Integrity Pact shall be from date of its signing and extend upto
5 years or the complete execution of the contract to the satisfaction of both the
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PRINCIPAL and the Bidder / Contractor including warranty period whichever is later. In
case Bidder / Contractor is unsuccessful, this Integrity Pact shall expire after six months
from the date of the signing of the contract.
If any claim is made/lodged during this time, the same shall be binding and
continue to be valid despite the lapse of this pact as specified above, unless it is
discharged/determined by the Kamarajar Port Limited.
Should one or several provisions of this Pact turn out to be invalid, the remainder
of this Pact shall remain valid. In this case, the parties will strive to come to an
agreement to their original intentions.
Equal treatment of all Bidders / Contractors /Sub-Contractors
(a)
The Bidder / Contractor undertake to demand from all sub-contractors a
commitment in conformity with this Integrity Pact, and to submit it to the
Principal before contract signing.
(b)
The Principal will enter into agreements with identical conditions as this one
with all Bidders / Contractors and Sub-Contractors.
(c)
The Principal will disqualify from the tender process all Bidder / Contractors
who do not sign this pact or violate its provisions.
The parties hereby sign this Integrity Pact at ______________ on _____________.
The Principal represented
by the CMD, Kamarajar Port Limited
Name of the Officer
Designation
BIDDER / CONTRACTOR
Name
Designation
Witness 1
Name & address
Witness 1
Name & address
Witness 2
Name & address
Witness 2
Name & address
Place:
Date:
Place:
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FINANCIAL PROPOSALS
Annexure 4
LUMP SUM FEES
Note: The BoQ must be downloaded from www.eprocure.gov.in. This BoQ template
must not be modified / replaced by the bidder and the same should be uploaded
after filling the relevant columns orelse the bidder is liable to be rejected for this
tender. Bidders are allowed to enter the bidder name and values only. The
financial bid uploaded through e-procurement mode only will be taken up for the
purpose for evaluation. For evaluation purpose the uploaded offer documents will
be treated as authentic and final.
Sl
No.
Description
Amount in INR
1
Consultant charges for Preparation of
Rapid Techno-Economic Feasibility
Report for Development of Greater
Kamarajar Port, The rate inclusive of
study, preparation of reports, drawings,
incidentals,
overheads,
travelling
expenses, printing and binding of
reports,
expenditure
related
to
presentations to be made during the
execution
of
the
assignment,
deliverables, hard and soft copies of the
study in the form of CD or DVD,
sundries, all taxes, all other items
involving expenditure for execution of
this assignment and as per Terms of
Reference (ToR) as detailed in tender
document
Note :
1. We agree to carry out the work as per the scope of services indicated under
TOR of this document.
2. We also agree with the stage wise and percentage wise payment as detailed
in the ToR .
3. The fees quoted by the consultant shall be inclusive of all taxes, incidental,
overheads, transportation & travelling expenses, lodging & boarding, office
accommodation, printing & binding of document/reports/deployment of
additional key personals for the work if any, sundries etc are all other
expenditure for the execution of the service/assignment.
4. Total lump sum price inclusive of remuneration, reimbursable miscellan ies
expenses inclusive of all taxes/duties excluding service tax for providing
the consultant services for Development of Greater Kamarajar Port as per
TOR this document.
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