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 Preparation of Rapid Techno Economic Feasibility Report for Development of Greater Kamarajar Port Page 3 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 Preparation of Rapid Techno Economic Feasibility Report for Development of Greater Kamarajar Port Page 4 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 Preparation of Rapid Techno Economic Feasibility Report for Development of Greater Kamarajar Port Page 5 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 Development of Greater Kamarajar Port Page 6 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 Development of Greater Kamarajar Port Page 7 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 Preparation of Rapid Techno Economic Feasibility Report for Development of Greater Kamarajar Port Page 8 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. Preparation of Rapid Techno Economic Feasibility Report for Development of Greater Kamarajar Port Page 9 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. Preparation of Rapid Techno Economic Feasibility Report for Development of Greater Kamarajar Port Page 10 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 Preparation of Rapid Techno Economic Feasibility Report for Development of Greater Kamarajar Port Page 11 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. Preparation of Rapid Techno Economic Feasibility Report for Development of Greater Kamarajar Port Page 12 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] Preparation of Rapid Techno Economic Feasibility Report for Development of Greater Kamarajar Port Page 13 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. Preparation of Rapid Techno Economic Feasibility Report for Development of Greater Kamarajar Port Page 14 (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 Preparation of Rapid Techno Economic Feasibility Report for Development of Greater Kamarajar Port Page 15 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 Development of Greater Kamarajar Port Page 16 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. Preparation of Rapid Techno Economic Feasibility Report for Development of Greater Kamarajar Port Page 17 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 Preparation of Rapid Techno Economic Feasibility Report for Development of Greater Kamarajar Port 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. Preparation of Rapid Techno Economic Feasibility Report for Development of Greater Kamarajar Port Page 19 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 Development of Greater Kamarajar Port Page 20 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 Preparation of Rapid Techno Economic Feasibility Report for Development of Greater Kamarajar Port Page 21 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 Preparation of Rapid Techno Economic Feasibility Report for Development of Greater Kamarajar Port Page 22 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 } Preparation of Rapid Techno Economic Feasibility Report for Development of Greater Kamarajar Port Page 23 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 Preparation of Rapid Techno Economic Feasibility Report for Development of Greater Kamarajar Port Page 24 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 Preparation of Rapid Techno Economic Feasibility Report for Development of Greater Kamarajar Port Page 25 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 Preparation of Rapid Techno Economic Feasibility Report for Development of Greater Kamarajar Port Page 26 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. Preparation of Rapid Techno Economic Feasibility Report for Development of Greater Kamarajar Port Page 27 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. Preparation of Rapid Techno Economic Feasibility Report for Development of Greater Kamarajar Port Page 28 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. Preparation of Rapid Techno Economic Feasibility Report for Development of Greater Kamarajar Port Page 29 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. Preparation of Rapid Techno Economic Feasibility Report for Development of Greater Kamarajar Port Page 30 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. Preparation of Rapid Techno Economic Feasibility Report for Development of Greater Kamarajar Port Page 31 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. Preparation of Rapid Techno Economic Feasibility Report for Development of Greater Kamarajar Port Page 32 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 Preparation of Rapid Techno Economic Feasibility Report for Development of Greater Kamarajar Port Page 33 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 Preparation of Rapid Techno Economic Feasibility Report for Development of Greater Kamarajar Port Page 34 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. Preparation of Rapid Techno Economic Feasibility Report for Development of Greater Kamarajar Port Page 35 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--- Preparation of Rapid Techno Economic Feasibility Report for Development of Greater Kamarajar Port Page 36 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. Preparation of Rapid Techno Economic Feasibility Report for Development of Greater Kamarajar Port Page 37 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. Preparation of Rapid Techno Economic Feasibility Report for Development of Greater Kamarajar Port Page 38 (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. Preparation of Rapid Techno Economic Feasibility Report for Development of Greater Kamarajar Port Page 39 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 Preparation of Rapid Techno Economic Feasibility Report for Development of Greater Kamarajar Port Page 40 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 Preparation of Rapid Techno Economic Feasibility Report for Development of Greater Kamarajar Port Page 41 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. Preparation of Rapid Techno Economic Feasibility Report for Development of Greater Kamarajar Port Page 42 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 Preparation of Rapid Techno Economic Feasibility Report for Development of Greater Kamarajar Port Page 43 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, Preparation of Rapid Techno Economic Feasibility Report for Development of Greater Kamarajar Port Page 44 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 Preparation of Rapid Techno Economic Feasibility Report for Development of Greater Kamarajar Port Page 45 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 Preparation of Rapid Techno Economic Feasibility Report for Development of Greater Kamarajar Port Page 46 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 Preparation of Rapid Techno Economic Feasibility Report for Development of Greater Kamarajar Port Page 47 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 Preparation of Rapid Techno Economic Feasibility Report for Development of Greater Kamarajar Port Page 48 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. Preparation of Rapid Techno Economic Feasibility Report for Development of Greater Kamarajar Port Page 49 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 Preparation of Rapid Techno Economic Feasibility Report for Development of Greater Kamarajar Port Page 50 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. Preparation of Rapid Techno Economic Feasibility Report for Development of Greater Kamarajar Port Page 51 (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 Preparation of Rapid Techno Economic Feasibility Report for Development of Greater Kamarajar Port Page 52 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 Development of Greater Kamarajar Port Page 53 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. Preparation of Rapid Techno Economic Feasibility Report for Development of Greater Kamarajar Port Page 54 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 Preparation of Rapid Techno Economic Feasibility Report for Development of Greater Kamarajar Port Page 55 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. Preparation of Rapid Techno Economic Feasibility Report for Development of Greater Kamarajar Port Page 56 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. Preparation of Rapid Techno Economic Feasibility Report for Development of Greater Kamarajar Port Page 57 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 Development of Greater Kamarajar Port 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 Preparation of Rapid Techno Economic Feasibility Report for Development of Greater Kamarajar Port Page 59 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 Preparation of Rapid Techno Economic Feasibility Report for Development of Greater Kamarajar Port Page 60 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, Preparation of Rapid Techno Economic Feasibility Report for Development of Greater Kamarajar Port Page 61 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 Preparation of Rapid Techno Economic Feasibility Report for Development of Greater Kamarajar Port Page 62 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. Preparation of Rapid Techno Economic Feasibility Report for Development of Greater Kamarajar Port Page 63 (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 Preparation of Rapid Techno Economic Feasibility Report for Development of Greater Kamarajar Port Page 64 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 Preparation of Rapid Techno Economic Feasibility Report for Development of Greater Kamarajar Port Page 65 (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 Preparation of Rapid Techno Economic Feasibility Report for Development of Greater Kamarajar Port Page 66 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 Preparation of Rapid Techno Economic Feasibility Report for Development of Greater Kamarajar Port Page 67 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. Preparation of Rapid Techno Economic Feasibility Report for Development of Greater Kamarajar Port Page 68 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) Preparation of Rapid Techno Economic Feasibility Report for Development of Greater Kamarajar Port Page 69 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. : Preparation of Rapid Techno Economic Feasibility Report for Development of Greater Kamarajar Port Page 70 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. Preparation of Rapid Techno Economic Feasibility Report for Development of Greater Kamarajar Port Page 71 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. Preparation of Rapid Techno Economic Feasibility Report for Development of Greater Kamarajar Port Page 72 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. Preparation of Rapid Techno Economic Feasibility Report for Development of Greater Kamarajar Port Page 73 4. If the notarized / attested copy of professional qualification certificate is not furnished, such key person will not be considered for evaluation. Preparation of Rapid Techno Economic Feasibility Report for Development of Greater Kamarajar Port Page 74 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) Preparation of Rapid Techno Economic Feasibility Report for Development of Greater Kamarajar Port Page 75 (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)……. ……… Preparation of Rapid Techno Economic Feasibility Report for Development of Greater Kamarajar Port Page 76 Witness: 1. Signature Name & Address & Seal . 2. Signature Name & address & Seal Bank's Seal Authorisation No……………………… ***** Preparation of Rapid Techno Economic Feasibility Report for Development of Greater Kamarajar Port Page 77 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. Preparation of Rapid Techno Economic Feasibility Report for Development of Greater Kamarajar Port Page 78 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 Preparation of Rapid Techno Economic Feasibility Report for Development of Greater Kamarajar Port Page 79 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. Preparation of Rapid Techno Economic Feasibility Report for Development of Greater Kamarajar Port Page 80 • 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. Preparation of Rapid Techno Economic Feasibility Report for Development of Greater Kamarajar Port Page 81 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 Preparation of Rapid Techno Economic Feasibility Report for Development of Greater Kamarajar Port Page 82 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 Preparation of Rapid Techno Economic Feasibility Report for Development of Greater Kamarajar Port Page 83 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 Preparation of Rapid Techno Economic Feasibility Report for Development of Greater Kamarajar Port Page 84 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 Preparation of Rapid Techno Economic Feasibility Report for Development of Greater Kamarajar Port Page 85 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. Preparation of Rapid Techno Economic Feasibility Report for Development of Greater Kamarajar Port Page 86 Preparation of Rapid Techno Economic Feasibility Report for Development of Greater Kamarajar Port Page 87 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 Preparation of Rapid Techno Economic Feasibility Report for Development of Greater Kamarajar Port Page 88 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 Preparation of Rapid Techno Economic Feasibility Report for Development of Greater Kamarajar Port Page 89 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 Preparation of Rapid Techno Economic Feasibility Report for Development of Greater Kamarajar Port Page 90 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 Preparation of Rapid Techno Economic Feasibility Report for Development of Greater Kamarajar Port Page 91 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. Preparation of Rapid Techno Economic Feasibility Report for Development of Greater Kamarajar Port Page 92 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. Preparation of Rapid Techno Economic Feasibility Report for Development of Greater Kamarajar Port Page 93 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 Preparation of Rapid Techno Economic Feasibility Report for Development of Greater Kamarajar Port Page 94 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. Preparation of Rapid Techno Economic Feasibility Report for Development of Greater Kamarajar Port Page 95 (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. Preparation of Rapid Techno Economic Feasibility Report for Development of Greater Kamarajar Port Page 96 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 / Preparation of Rapid Techno Economic Feasibility Report for Development of Greater Kamarajar Port Page 97 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 Preparation of Rapid Techno Economic Feasibility Report for Development of Greater Kamarajar Port Page 98 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: Preparation of Rapid Techno Economic Feasibility Report for Development of Greater Kamarajar Port Date: Page 99 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. ---ooooooo---Preparation of Rapid Techno Economic Feasibility Report for Development of Greater Kamarajar Port Page 100 DRAWING 1 Preparation of Rapid Techno Economic Feasibility Report for Development of Greater Kamarajar Port Page 101 DRAWING 2 Preparation of Rapid Techno Economic Feasibility Report for Development of Greater Kamarajar Port Page 102 DRAWING 3 Preparation of Rapid Techno Economic Feasibility Report for Development of Greater Kamarajar Port Page 103 DRAWING 4 Preparation of Rapid Techno Economic Feasibility Report for Development of Greater Kamarajar Port Page 104