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Project Seabird Phase IIA RFQ: MWC01 - Dredging, Reclamation,

Revetment, Quarrying and Nav Aids

DIRECTOR GENERAL PROJECT SEABIRD

IHQ-MoD (NAVY)

NEW DELHI

REQUEST FOR QUALIFICATION (RFQ)

FOR

DREDGING, RECLAMATION, REVETMENT, QUARRYING AND NAV AIDS (MWC01)

PROJECT SEABIRD PHASE IIA,

NAVAL BASE KARWAR, KARNATAKA, INDIA

RFQ NO. DGSB/MWC01/01 OF 2015

E PAGE



RFQ No. DGSB/MWC01/01 of 2015 of 60

DISCLAIMER

(1) The information contained in this Request for Qualification document (the “RFQ”) or subsequently provided to Applicant(s), whether verbally or in documentary or any other form, by or on behalf of the Employer or any of its employees or advisors, is provided to Applicant(s) on the terms and conditions set out in this RFQ and such other terms and conditions subject to which such information is provided.

(2) This RFQ is not an agreement and is neither an offer nor invitation by the Employer to the prospective Applicants or any other person. The purpose of this RFQ is to provide interested parties with information that may be useful to them in the formulation of their application for qualification pursuant to this RFQ (the “Application”). This RFQ includes statements, which reflect various assumptions and assessments arrived at by the Employer in relation to the Contract. Such assumptions, assessments and statements do not purport to contain all the information that each Applicant may require. This RFQ may not be appropriate for all persons, and it is not possible for the Employer, its employees or advisors to consider the investment objectives, financial situation and particular needs of each party who reads or uses this RFQ. The assumptions, assessments, statements and information contained in this RFQ may not be complete, accurate, adequate or correct. Each Applicant should therefore, conduct its own investigations and analysis and should check the accuracy, adequacy, correctness, reliability and completeness of the assumptions, assessments, statements and information contained in this RFQ and obtain independent advice from appropriate sources.

(3) Information provided in this RFQ to the Applicant(s) is on a wide range of matters, some of which may depend upon interpretation of law. The information given is not intended to be an exhaustive account of statutory requirements and should not be regarded as a complete or authoritative statement of law. The Employer accepts no responsibility for the accuracy or otherwise for any interpretation or opinion on law expressed herein.

(4) The Employer, its employees and advisors make no representation or warranty and shall have no liability to any person, including any Applicant or Bidder, under any law, statute, rules or regulations or tort, principles of restitution or unjust enrichment or otherwise for any loss, damages, cost or expense which may arise from or be incurred or suffered on account of anything contained in this RFQ or otherwise, including the accuracy, adequacy, correctness, completeness or reliability of the RFQ and any assessment, assumption, statement or information contained therein or deemed to form part of this RFQ or arising in any way with pre-qualification of Applicants for participation in the Bidding Process.

(5) The Employer also accepts no liability of any nature whether resulting from negligence or otherwise howsoever caused arising from reliance of any Applicant upon the statements contained in this RFQ.

(6) The Employer may, in its absolute discretion but without being under any obligation to do so, update, amend or supplement the information, assessment or assumptions contained in this RFQ.

(7) The issue of this RFQ does not imply that the Employer is bound to select and short-list pre-qualified Applications for Bid Stage or to appoint the selected Bidder, as the case may be, for the Contract and the Employer reserves the right to reject all or any of the Applications or Bids without assigning any reasons whatsoever.

(8) The Applicant shall bear all its costs associated with or relating to the preparation and submission of its Application including but not limited to preparation, copying, postage, delivery fees, expenses associated with any demonstrations or presentations which may be required by the Employer or any other costs incurred in connection with or relating to its Application. All such costs and expenses will remain with the Applicant and the Employer 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 Application, regardless of the conduct or outcome of the Bidding Process.




TABLE OF CONTENTS

1 INTRODUCTION ............................................................................................................................. 6

1.1 Background ................................................................................................................... 6

1.2 Objective of Project Seabird Phase IIA ......................................................................... 6

1.3 Project Site Description ................................................................................................. 6

1.4 Objective of Pre-Qualification ....................................................................................... 6

1.5 Brief Description of Bidding Process ............................................................................. 7

1.6 Schedule of Pre-Qualification (PQ) Process ................................................................. 7

1.7 Pre-Application Conference .......................................................................................... 7

2 Instructions to Applicants ....................................................................................................... 9

2.1 Scope of Application ..................................................................................................... 9

2.2 Eligibility of Applicants .................................................................................................. 9

2.3 Change in composition of the Consortium/JV ............................................................. 14

2.4 Number of Applications and costs thereof .................................................................. 14

2.5 Acknowledgement by Applicant .................................................................................. 14

2.6 Right to accept or reject any or all Applications/ Bids ................................................. 15

2.7 Contents of the RFQ ................................................................................................... 16

2.8 Clarifications ................................................................................................................ 16

2.9 Amendment of RFQ .................................................................................................... 17

2.10 Language .................................................................................................................... 17

2.11 Format and signing of Application ............................................................................... 17

2.12 Sealing and Marking of Applications ........................................................................... 17

2.13 Application Due Date .................................................................................................. 19

2.14 Late Applications ......................................................................................................... 19

2.15 Modifications/ substitution/ withdrawal of Applications ............................................... 19

2.16 Evaluation of Applications ........................................................................................... 20

2.17 Confidentiality .............................................................................................................. 20

2.18 Responsiveness .......................................................................................................... 21

2.19 Clarifications ................................................................................................................ 21

2.20 Short-listing and notification ........................................................................................ 22

2.21 Submission of Bids...................................................................................................... 22




2.22 Proprietary data ........................................................................................................... 22

2.23 Correspondence with the Applicant ............................................................................ 22

3 Criteria for Evaluation............................................................................................................ 23

3.1 Evaluation parameters ................................................................................................ 23

3.2 Short-listing of Applicants ........................................................................................... 23

4 Fraud and Corrupt Practices ................................................................................................ 24

5 Pre-Application Conference .................................................................................................. 25

6 Miscellaneous ......................................................................................................................... 26

7 Scope of Works ...................................................................................................................... 27

7.1 Description of the Works ............................................................................................. 27

7.2 Construction Period..................................................................................................... 30

7.3 Other Data ................................................................................................................... 30

Appendices .......................................................................................................................................... 32

APPENDIX-I 33

APPENDIX-II 49

APPENDIX-III 51

APPENDIX-IV 54

APPENDIX-V 60




GLOSSARY

Applicant ........................................................................................................ As defined in Clause 1.5.1

Application .................................................................................................. As defined in the Disclaimer

Application Due Date .................................................................................... As defined in Clause 1.4.5

Bid Stage ........................................................................................................ As defined in Clause 1.5.1

Bidders ........................................................................................................... As defined in Clause 1.4.1

Bidding Documents ...................................................................................... As defined in Clause 1.5.3

Bidding Process ............................................................................................ As defined in Clause 1.5.1

Bids ................................................................................................................. As defined in Clause 1.5.3

Conflict of Interest .................................................................................... As defined in Clause 2.2.1 c.

Consortium/JV ........................................................................................... As defined in Clause 2.2.1 a.

Contract.......................................................................................................... As defined in Clause 1.4.2

Contractor ...................................................................................................... As defined in Clause 1.4.2

DLP ................................................................................................................. As defined in Clause 1.4.2

Employer ........................................................................................................ As defined in Clause 1.4.1

Estimated Cost .............................................................................................. As defined in Clause 1.4.4

Financial Capacity ................................................................................... As defined in Clause 2.2.2 (B)

Jt. Bidding Agreement ............................................................................ As defined in Clause 2.2.6 (g)

Lead Member ........................................................................................... As defined in Clause 2.2.6 (c)

Project ............................................................................................................ As defined in Clause 1.2.1

Qualification .................................................................................................. As defined in Clause 1.5.1

Qualification Stage ........................................................................................ As defined in Clause 1.5.1

Request for Proposals (RFP) ....................................................................... As defined in Clause 1.5.1

RFQ .............................................................................................................. As defined in the Disclaimer

Similar Work(s) .................................................................................... As defined in Clause 2.2.2 (A) (i)

Technical Capacity .................................................................................. As defined in Clause 2.2.2 (A)

Works ............................................................................................................. As defined in Clause 1.4.1

The words and expressions beginning with capital letters and defined in this document shall, unless repugnant to the context, have the meaning ascribed thereto herein above.




1 INTRODUCTION

1.1 Background

1.1.1 In the year 1986, the Indian Navy established a Project, code named “Seabird‟, to undertake planning for the establishment of the third major naval Base at Karwar (Karnataka), located about 120 km south of Goa on the west coast of India. A Master Plan for Project Seabird was completed in April 1990.

1.1.2 The Master Plan had recommended that the Naval Base at Karwar be developed in two phases. In Phase I, facilities and infrastructure were required to be developed for the basing of certain ships/ submarines and support/ yard craft.

Project Seabird Phase IIA works are now being planned to enable increased berthing for ships/ submarines and support/yard craft at Karwar. Accordingly, existing facilities at Karwar will require considerable augmentation for efficient basing, operations, maintenance and support of a large, modern fleet. The key Phase IIA facilities and infrastructure are expected to be delivered progressively over seven to eight years.

1.2 Objective of Project Seabird Phase IIA

1.2.1 Project Seabird Phase IIA works will involve construction of a wide range of new facilities and augmentation of certain existing facilities in Naval Base Karwar (the “Project”). Detailed Project Reports (DPRs) have been prepared and the required facilities have been divided into various work packages based on nature of work, expertise required and location. The envisaged facilities are intended to provide requisite berthing and operational Fleet Base facilities/ complexes for the operation, administration and Command & Control of capital warships/submarines and associated support/yard craft at the Naval Base, Karwar.

1.3 Project Site Description

1.3.1 The Project work is to be performed in the naval base along the sea coast at Karwar, 120 km South of Goa on India’s West coast.

1.4 Objective of Pre-Qualification

1.4.1 The President of India acting through Director General, Project Seabird (the “Employer”) has decided to undertake dredging, reclamation, revetments, quarrying and nav aids (the “Works”) under Contract Package MWC01, through item rate contract for construction and has decided to carry out the bidding process for selection of a bidder to whom the contract may be awarded. Brief particulars of the Works are as follows:

Name of the Works Indicative cost of Works (In Rs. Cr.)

Dredging, Reclamation, Revetments, Quarrying and Nav Aids (MWC01)

1162

The Employer intends to pre-qualify and short-list suitable Applicants (the “Bidders”) who will be eligible for participation in the Bid Stage, for awarding the contract through an open competitive bidding process in accordance with the procedure set out herein.

1.4.2 The selected Bidder (the “Contractor”) shall be responsible for construction of the Works under, and in accordance with, provisions of the works contract (the “Contract”) to be entered into between the Employer and the Contractor in the form provided by the Employer as part of the Bidding Documents. The Contractor shall also be responsible for the rectification of defects of the Works executed under the Contract during Defects Liability Period (the “DLP”).

1.4.3 General description of the proposed works is given in Section 7 “Scope of Works”. However, detailed descriptions of scope of works shall be provided with Bidding Documents.

1.4.4 Indicative construction cost of the Works (the “Estimated Cost”) is subject to revision, if any, and would be specified in the Bidding Documents of the Works.




1.4.5 The Employer shall receive Applications pursuant to this RFQ in accordance with the terms set forth herein as modified, altered, amended and clarified from time to time by the Employer, and all Applications shall be prepared and submitted in accordance with such terms on or before the date specified in Clause 1.6 for submission of Applications (the “Application Due Date”).

1.5 Brief Description of Bidding Process

1.5.1 The Employer has adopted a two-stage bidding process (collectively referred to as the “Bidding Process”) for selection of the Bidder for award of the Contract. The first stage (the “Qualification Stage”) of the process involves qualification (the “Qualification”) of interested parties/ consortia/JV who make an Application in accordance with the provisions of this RFQ (the “Applicant”, which expression shall, unless repugnant to the context, include the Members of the Consortium/JV). At the end of this stage, the Employer expects to announce a list of all pre-qualified Applicants who shall be eligible for participation in the second stage of the Bidding Process (the “Bid Stage”) comprising Request for Proposals (the “Request for Proposals” or “RFP”).

1.5.2 In the Qualification Stage, Applicants would be required to furnish all the information specified in this RFQ. Only those Applicants that are pre-qualified and short-listed by the Employer shall be invited to submit their Bids for the Works.

1.5.3 In the Bid Stage, the Bidders will be called upon to submit their technical bid and financial bid (the “Bids”) in accordance with the RFP and other documents to be provided by the Employer (collectively the “Bidding Documents”). The Bidding Documents for the Works will be provided to every Bidder.

1.5.4 The Contract shall be awarded to the Bidders who is technically suitable as per the approved technical bid evaluation report from concerned competent authority and quoted the lowest Bid Price (the “Bid Price”). Details of the process to be followed at the Bid Stage and the terms thereof will be spelt out in the Bidding Documents.

1.5.5 Any queries or request for additional information concerning this RFQ shall be submitted in writing by speed post/ courier and by e-mail so as to reach the officer designated in Clause 2.12.3 by the specified date. The envelopes/ communications shall clearly bear the following identification/ title:

“Queries/ Request for Additional Information: RFQ for MWC01 Contract Package”

1.6 Schedule of Pre-Qualification (PQ) Process

The Employer shall endeavour to adhere to the following schedule:

Event Description Date

1. Last date for receiving queries 7th December 2015

2. Pre-Application Conference 11th December 2015

3. Employer response to queries by 21st December 2015

4. Application Due Date 5th January 2016 upto 1500

hours IST




1.7 Pre-Application Conference

A Pre-Application conference will be held to clarify the issues related to this RFQ. The date, time and venue of the Pre-Application Conference shall be:

Date: 11th December 2015

Time: 1100 hours IST

Venue: Office of the Director General, Project Seabird

Integrated HQs of MoD (Navy)

2nd

Floor, West Block-5,

R K Puram, New Delhi - 110066




2 INSTRUCTIONS TO APPLICANTS

A. GENERAL

2.1 Scope of Application

2.1.1 The Employer wishes to receive Applications for Qualification in order to short-list experienced and capable Applicants for the Bid Stage.

2.1.2 Short-listed Applicants may be subsequently invited to submit the Bids for the Works.

2.2 Eligibility of Applicants

2.2.1 For determining the eligibility of Applicants for their pre-qualification hereunder, the following shall apply:

a. The Applicant for pre-qualification may be a single entity or a group of entities in the form of a consortium/joint venture (the “Consortium/JV”), coming together to construct the Works. However, no applicant applying individually or as a member of a Consortium/JV, as the case may be, can be member of another Applicant. The term Applicant used herein would apply to both single entity and Consortium/JV.

b. An Applicant may be a private entity, government1-owned entity or any combination of

them with a formal intent to enter into an agreement or under an existing agreement to form a Consortium/JV. A Consortium/JV shall be eligible for consideration subject to the conditions set out in Clause 2.2.6 below.

c. An Applicant shall not have a conflict of interest (the “Conflict of Interest”) that affects the Bidding Process. Any Applicant found to have a Conflict of Interest shall be disqualified

2. An Applicant shall be deemed to have a Conflict of Interest affecting the

Bidding Process, if:

(i) the Applicant3, its Member or associate (or any constituent thereof) and any other

Applicant, its Member or any associate thereof (or any constituent thereof) have common controlling shareholders or other ownership interest; provided that this disqualification shall not apply in cases where the direct or indirect shareholding of an Applicant, its Member or an associate thereof (or any shareholder thereof having a shareholding of more than 5 per cent of the paid up and subscribed share capital of such Applicant, Member or associate, as the case may be) in the other Applicant, its Member or associate is less than 5 per cent of the subscribed and paid up equity share capital thereof; provided further that this disqualification shall not apply to any ownership by a bank, insurance company, pension fund or a public financial institution referred to in sub-section (72) of section 2 of the Indian Companies Act, 1956/2013. For the purposes of this Clause 2.2.1c, indirect shareholding held through one or more intermediate persons shall be computed as follows: (aa) where any intermediary is controlled by a person through management control or otherwise, the entire shareholding held by such controlled intermediary in any other person (the “Subject Person”) shall be taken into account for computing the shareholding of such controlling person in the Subject Person; and (bb) subject always to sub-clause (aa) above, where a person does not exercise control over an intermediary, which has shareholding in the Subject Person, the computation of indirect shareholding of such person in the Subject Person shall be undertaken on a proportionate basis; provided,

1

“government” means Central/State Government in India.

2 The provisions of sub-clauses (i), (iii) and (v) shall not apply to government companies.

3 In case an Applicant is a Consortium/JV, then the term Applicant as used in this Clause 2.2.1, shall include each

Member of such Consortium/JV




however, that no such shareholding shall be reckoned under this sub-clause (bb) if the shareholding of such person in the intermediary is less than 26% of the subscribed and paid up equity shareholding of such intermediary; or

(ii) a constituent of such Applicant is also a constituent of another Applicant; or

(iii) such Applicant, its Member or any associate thereof receives or has received any direct or indirect subsidy, grant, concessional loan or subordinated debt from any other Applicant, its Member or any associate thereof or has provided any such subsidy, grant, concessional loan or subordinated debt to any other Applicant, its Member or any associate thereof; or

(iv) such Applicant has the same legal representative for purposes of this Application as any other Applicant; or

(v) such Applicant, its Member or any associate thereof has a relationship with another Applicant, its Member or any associate thereof, directly or through common third party/ parties, that puts either or both of them in a position to have access to each other’s information about, or to influence the Application of either or each other; or

d. Other eligibility conditions shall include:

(i) An Applicant shall not be under suspension from tendering by Government of India (the “GoI”) or any other Government, in India as the result of the execution of a Bid–Securing Declaration.

(ii) Any entity which has been barred by the GoI or any other Government of any country, in India, from participating in any project and the bar subsists as on the Application Due Date, would not be eligible to submit an Application.

(iii) The Applicant’s Application will be subjected to Employer’s security clearance and screening.

(iv) An Applicant shall provide such evidence of eligibility satisfactory to the Employer, as the Employer shall reasonably request.

2.2.2 To be eligible for pre-qualification and short-listing, an Applicant shall fulfil the following conditions of eligibility:

(A) Technical Capacity: For demonstrating technical capacity and experience (the “Technical Capacity”), the Applicant shall have:

(i) Similar Work(s) Experience:

Experience of having successfully completed similar works during last 7 years ending last day of month previous to the one in which Applications are invited should be either of the following:-

(a) Three similar completed works costing not less than the amount equal to of Rs.465 Crores (Rupees four hundred sixty five crores) ;

or

(b) Two similar completed works costing not less than the amount equal to Rs.580 Crores (Rupees five hundred eighty crores) ;

or

(c) One similar completed work costing not less than the amount equal to Rs.930 Crores (Rupees nine hundred thirty crore) .

“Similar Work(s)” means construction of any/all of the work related to marine works involving dredging or reclamation or revetment/breakwater at sea port. Similar dredging works shall include dredging in soft and/or hard seabed material with suitable dredger/dredgers and disposal to onshore and/or offshore location. Similar reclamation




works shall include reclamation with dredged materials with ground improvement and similar revetment/breakwater works shall include construction of rock revetment; and

(ii) Construction Experience in Key Activities:

(a) completed dredging of soft/hard soils and rock of minimum quantity of 4 Million Cum in any one year (continuous 12 months) over the past 7 (seven) years up to 28 days prior to the Application Due Date; and

(b) completed reclamation by deposition of dredged material of minimum quantity of 20 Hectares/1.5 Million Cum in any one year (continuous 12 months) over the past 7 (seven) years up to 28 days prior to the Application Due Date; and

(c) completed rock revetment or breakwater of minimum quantity of 1000 Meter in any one year (continuous 12 months) over the past 7 (seven) years up to 28 days prior to the Application Due Date; and

(d) completed quarrying of stone of minimum quantity of 1,000,000 MT in any one year (continuous 12 months) over the past 7 (seven) years up to 28 days prior to the Application Due Date. This requirement can be met through a Specialised Sub-Contractor. “Specialised Sub-Contractor” means the sub-contractor for which the Employer permits subcontracting for certain specialised works i.e. quarrying of stone for this Contract. The Specialised Sub-Contractor’s experience (not financial) only shall be considered for evaluation.

[Note: For completed works, escalation of 5% per annum (from the date of completion of the works to 28 days prior to the Application Due Date) shall be given for equating the works of the previous years to the current year for Indian Rupees (INR). In case of currencies other than INR, the amount shall be converted to INR (exchange rate shall be taken from the publicly available source as stated in Note at the end of Clause 2.2.2). Then escalation of 2% per annum (from the date of completion of the works to 28 days prior to the Application Due Date) shall be given for equating the works of the previous years to the current year.

Where value of work experience as per client completion certificate is mentioned in a currency other than INR, first currency conversion shall be applied then escalation shall be applied.

Only such works shall be considered which are 100% completed in all respect as evidenced by the client completion certificate.]

(B) Financial Capacity: For demonstrating financial situation and performance, like net worth, working capital, construction turnover, bidding capacity etc. (the “Financial Capacity”), the Applicant shall have

(i) positive Net Worth at the close of the preceding financial year; and

(ii) audited balance sheets, profit and loss account and cash flow statement or, if not required by the laws of the Applicant’s country, other financial statements acceptable to the Employer, for the past 5 (five) financial years and must demonstrate the Applicant’s firm is profit making firm and have not made losses over the past 3 (three) financial years preceding the Application Due Date; and

(iii) average annual turnover during the last 3 (three) financial years, should be at least Rs. 350 crores (Rupees three hundred fifty crores); and

(iv) available bidding capacity of Rs. 1162 crores (Rupees one thousand one hundred sixty two crores) for construction work.

Available Bidding Capacity= (A x 4 x 2) – B;

where, A = average annual turnover for last 3 (three) financial years,




B= value, at 28 days prior to the date of Application Due Date, of works currently in progress and for future contract commitments to be completed during the 4 (four) years ending 28 days prior to the Application Due Date.

[Note: Wherever requires an Applicant to state a monetary amount, Applicants should indicate the INR equivalent using the rate of exchange determined as follows:

For construction turnover or financial data required for each year - Exchange rate prevailing on the last day of the respective Financial Year (in which the amounts for that year is to be converted) was originally established.

Value of single contract - Exchange rate prevailing on the date of Letter of Acceptance.

For the purpose of conversion of foreign currency to Indian rupees (INR), the Applicants shall use the Reference Rates of Foreign Currency published by Reserve Bank of India (www.rbi.org.in).

In case a particular currency rate is not published by Reserve Bank of India, then the ”mid-market” rate of such currency shall be taken from the following internet website: http://www.xe.com/currencytables/#

In case the exchange rate is not available on the above website also, then the “selling rate” of such currency shall be taken from the following internet web site: http://www.oanda.com/currency/converter/. Any error in determining the exchange rates in the Application may be corrected by the Employer.]

2.2.3 In case of a Consortium/JV (not exceeding 3 entities):

(i) any one member of Consortium/JV shall meet the requirements required as per Clause 2.2.2 (A) (i);

(ii) any member of Consortium/JV shall meet the requirements required as per Clause 2.2.2 (A) (ii) (a) & (b);

(iii) any one member of Consortium/JV shall meet the requirements required as per Clause 2.2.2 (A) (ii) (c);

(iv) any one member or Specialised Sub-Contractor can meet the requirements required as per Clause 2.2.2 (A) (ii) (d);

(v) Lead Member shall meet at least 51% (work share) and other member as per their percentage participation in Works (with total for all members as 100%) of requirements required as per Clause 2.2.2 (B) (iii) & (iv);

(vi) all members of Consortium/JV individually satisfy the condition(s) required as per Clause 2.2.2 (B) (i) & (ii);

(vii) available bid capacity shall be the sum of the available bid capacity of each member based on its percentage participation and must satisfy as the Consortium/JV the condition required as per Clause 2.2.2 (B) (iv).

2.2.4 The Applicant shall enclose with its Application, to be submitted as per the format at APPENDIX-I, complete with its Annexes.

2.2.5 The Applicant should submit a Power of Attorney as per the format at APPENDIX-II, authorising the signatory of the Application to commit the Applicant. In the case of a Consortium/JV, the Members should submit a Power of Attorney in favour of the Lead Member as per format at APPENDIX-III.

2.2.6 Where the Applicant is a single entity, it may be required to incorporate and register under the Indian Companies Act, 1956/2013, to execute the Contract. In case the Applicant is a Consortium/JV, it shall, comply with the following additional requirements:

(a) number of members in a Consortium/JV shall not exceed 3 (three) including Lead Member;

http://www.rbi.org.in/

http://www.xe.com/currencytables/

http://www.oanda.com/currency/converter/




(b) subject to the provisions of sub-clause (a) above, the Application should contain the information required for each member of the Consortium/JV;

(c) members of the Consortium/JV shall nominate one member as the lead member (the “Lead Member”).The nomination(s) shall be supported by a Power of Attorney, as per the format at APPENDIX-III, signed by all the other members of the Consortium/JV;

(d) percentage participation in Works of Lead Member should at least be 51%, with total for all members as 100% participation;

(e) the Application should include a brief description of the roles and responsibilities of individual members, particularly with reference to financial, technical and defects liability obligations;

(f) an individual Applicant cannot at the same time be member of a Consortium/JV applying for pre-qualification. Further, a member of a particular Applicant Consortium/JV cannot be member of any other Applicant Consortium/JV applying for pre-qualification;

(g) members of the Consortium/JV shall enter into a binding Joint Bidding Agreement, substantially in the form specified at APPENDIX-IV (the “Jt. Bidding Agreement”), for the purpose of making the Application and submitting a Bid in the event of being short-listed. The Jt. Bidding Agreement, to be submitted along with the Application, shall, inter alia:

(i) convey the intent to form a Consortium/JV and register under the Indian Companies Act, 1956/2013, in accordance with this RFQ, which would enter into the Contract, if awarded to the Consortium/JV, and subsequently perform all the obligations of the Contractor in terms of the Contract, in case the Contract to undertake construction of Works is awarded to the Consortium/JV;

(ii) clearly outline the proposed roles and responsibilities of each member;

(iii) commit the minimum percentage participation of Works to be undertaken by each member;

(iv) include a statement to the effect that all members of the Consortium/JV shall be liable jointly and severally for all obligations of the Contractor in relation to the Works till the DLP in accordance with the Contract; and

(h) except as provided under this RFQ and the Bidding Documents, there shall not be any amendment to the Jt. Bidding Agreement without the prior written consent of the Employer.

2.2.7 Any entity which has been barred by the GoI or any other Government of any country, in

India, from participating in any project, and the bar subsists as on the date of Application,

would not be eligible to submit Application, either individually or as member of a

Consortium/JV.

2.2.8 An Applicant including any Consortium/JV Member should, in the last 7 (seven) years, have

neither failed to perform on any contract, as evidenced by imposition of a penalty by an

arbitral or judicial authority or a judicial pronouncement or arbitration award against the

Applicant, Consortium/JV Member, as the case may be, nor has been expelled from any

project or contract by any public entity nor have had any contract terminated by any public

entity for breach by such Applicant, Consortium/JV Member.

2.2.9 The Technical and Financial Capacity of the Applicant, Consortium/JV Members, as the case

may, be shall be computed under Clause 2.2.2, 2.2.3 and 2.2.4.

2.2.10 The following conditions shall be adhered to while submitting an Application:




(a) Applicants should attach clearly marked and referenced continuation sheets in the event that the space provided in the prescribed forms in the Annexes is insufficient. Alternatively, Applicants may format the prescribed forms making due provision for incorporation of the requested information;

(b) information supplied by an Applicant (or other constituent Member if the Applicant is a Consortium/JV) must apply to the Applicant, Member named in the Application. Invitation to submit Bids will be issued only to Applicants whose identity and/ or constitution is identical to that at pre-qualification;

(c) in responding to the pre-qualification submissions, Applicants should demonstrate their capabilities in accordance with Clause 3.1 below; and

(d) in case the Applicant is a Consortium, each Member should substantially satisfy the pre-qualification requirements to the extent specified herein.

2.2.11 Notwithstanding anything to the contrary contained herein, in the event that the Application

Due Date falls within 3 (three) months of the closing of the latest financial year of an

Applicant, it shall ignore such financial year for the purposes of its Application and furnish all

its information and certification with reference to the 5 (five) years or 1 (one) year, as the case

may be, preceding its latest financial year. For the avoidance of doubt, financial year shall, for

the purposes of an Application hereunder, mean the accounting year followed by the

Applicant in the course of its normal business.

2.3 Change in composition of the Consortium/JV

2.3.1 Change in the composition of a Consortium/JV will not be permitted by the Employer during

the Qualification Stage.

2.3.2 Where the Bidder is a Consortium/JV, change in the composition of a Consortium/JV may be

permitted by the Employer during the Bid Stage, only where:

(a) the application for such change is made no later than 15 (fifteen) days prior to the Bid Due Date;

(b) the Lead Member continues to be the Lead Member of the Consortium/JV; and

(c) no new member would be allowed in the Consortium/JV once the shortlisting process is complete.

2.3.3 Approval for change in the composition of a Consortium/JV shall be at the sole discretion of

the Employer and must be approved by the Employer in writing.

2.3.4 The modified/ reconstituted Consortium/JV shall submit a revised Jt. Bidding Agreement

before the Bid Due Date.

2.4 Number of Applications and costs thereof

2.4.1 No Applicant shall submit more than one Application for the Works. An Applicant applying

individually or as a member of a Consortium/JV shall not be entitled to submit another

Application either individually or as a member of any Consortium/JV, as the case may be.

2.4.2 The Applicants shall be responsible for all of the costs associated with the preparation of their

Applications and their participation in the Bidding Process. The Employer will not be

responsible or in any way liable for such costs, regardless of the conduct or outcome of the

Bidding Process.

2.5 Acknowledgement by Applicant

2.5.1 It shall be deemed that by submitting the Application, the Applicant has:

(a) made a complete and careful examination of the RFQ;




(b) received all relevant information requested from the Employer;

(c) accepted the risk of inadequacy, error or mistake in the information provided in the RFQ or furnished by or on behalf of the Employer; and

(d) agreed to be bound by the undertakings provided by it under and in terms hereof.

2.5.2 The Employer shall not be liable for any omission, mistake or error in respect of any of the

above or on account of any matter or thing arising out of or concerning or relating to the RFQ

or the Bidding Process, including any error or mistake therein or in any information or data

given by the Employer.

2.6 Right to accept or reject any or all Applications/ Bids

2.6.1 Notwithstanding anything contained in this RFQ, the Employer reserves the right to accept or

reject any Application and to annul the Bidding Process and reject all Applications/ Bids, at

any time without any liability or any obligation for such acceptance, rejection or annulment,

and without assigning any reasons therefor. In the event that the Employer rejects or annuls

all the Bids, it may, in its discretion, invite all eligible Bidders to submit fresh Bids hereunder.

2.6.2 The Employer reserves the right to reject any Application and/ or Bid if:

(a) at any time, a material misrepresentation is made or uncovered, or

(b) the Applicant does not provide, within the time specified by the Employer, the supplemental information sought by the Employer for evaluation of the Application.

If the Applicant/Bidder is a Consortium/JV, then the entire Consortium/JV may be disqualified/ rejected.

2.6.3 In case it is found during the evaluation or at any time before signing of the Contract or after

its execution and during the period of subsistence thereof, including the Defects Liability

Period, that one or more of the pre-qualification conditions have not been met by the

Applicant, or the Applicant has made material misrepresentation or has given any materially

incorrect or false information, the Applicant shall be disqualified forthwith if not yet appointed

as the Contractor either by issue of the LOA or entering into the Contract, and if the Applicant

has already been issued the LOA or has entered into the Contract, as the case may be, the

same shall, notwithstanding anything to the contrary contained therein or in this RFQ, be

liable to be terminated, by a communication in writing by the Employer to the Applicant,

without the Employer being liable in any manner whatsoever to the Applicant and without

prejudice to any other right or remedy which the Employer may have under this RFQ, the

Bidding Documents, the Contract or under applicable law.

2.6.4 The Employer reserves the right to verify all statements, information and documents

submitted by the Applicant in response to the RFQ. Any such verification or lack of such

verification by the Employer shall not relieve the Applicant of its obligations or liabilities

hereunder nor will it affect any rights of the Employer thereunder.




B. DOCUMENTS

2.7 Contents of the RFQ

This RFQ comprises the disclaimer set forth hereinabove, the contents as listed below, and

will additionally include any Addenda issued in accordance with Clause 2.9.

Invitation for Qualification

Section 1 Introduction

Section 2 Instructions to Applicants

Section 3 Criteria for Evaluation

Section 4 Fraud & Corrupt Practices

Section 5 Pre Application Conference

Section 6 Miscellaneous

Section 7 Scope of Works

Appendices

I. Letter comprising the Application

II. Power of Attorney for signing of Application

III. Power of Attorney for Lead Member of Consortium/JV

IV. Joint Bidding Agreement for Consortium/JV

V. Format for Applying for Visit to IHQ MoD (Navy)/Naval Base Karwar

The Applicant is expected to examine all instructions, appendices, forms and clauses in the

RFQ and to furnish with its Application all information or documentation as required in the

RFQ.

2.8 Clarifications

2.8.1 Applicants requiring any clarification on the RFQ may notify the Employer in writing by speed

post/ courier and by e-mail in accordance with Clause 1.5.5. They should send in their queries

before the date specified in the schedule of Pre-Qualification Process contained in Clause

1.6. The Employer shall endeavour to respond to the queries within the period specified

therein, but no later than 10 (ten) days prior to the Application Due Date. The responses will

be sent by e-mail. The Employer will forward all the queries and its responses thereto, to all

the Applicants without identifying the source of queries.

2.8.2 The Employer shall endeavour to respond to the questions raised or clarifications sought by

the Applicants. However, the Employer reserves the right not to respond to any question or

provide any clarification, in its sole discretion, and nothing in this Clause shall be taken or

read as compelling or requiring the Employer to respond to any question or to provide any

clarification.

2.8.3 The Employer may also on its own motion, if deemed necessary, issue interpretations and

clarifications to all Applicants. All clarifications and interpretations issued by the Employer

shall be deemed to be part of the RFQ. Verbal clarifications and information given by

Employer or its employees or representatives shall not in any way or manner be binding on

the Employer.




2.9 Amendment of RFQ

2.9.1 At any time prior to the deadline for submission of Application, the Employer may, for any

reason, whether at its own initiative or in response to clarifications requested by an Applicant,

modify the RFQ by the issuance of Addenda.

2.9.2 In order to afford the Applicants a reasonable time for taking an Addendum into account, or

for any other reason, the Employer may, in its sole discretion, extend the Application Due

Date.4

C. PREPARATION AND SUBMISSION OF APPLICATION

2.10 Language

The Application and all related correspondence and documents in relation to the Bidding

Process shall be in English language. Supporting documents and printed literature furnished

by the Applicant with the Application may be in any other language provided that they are

accompanied by translations of all the pertinent passages in the English language, duly

authenticated and certified by the Applicant. Supporting materials, which are not translated

into English, may not be considered. For the purpose of interpretation and evaluation of the

Application, the English language translation shall prevail.

2.11 Format and signing of Application

2.11.1 The Applicant shall provide all the information sought under this RFQ. The Employer will

evaluate only those Applications that are received in the required formats and complete in all

respects. Incomplete and /or conditional Applications shall be liable to rejection.

2.11.2 The Applicant shall prepare 1 (one) original set of the Application (together with the

documents required to be submitted pursuant to this RFQ) and clearly marked as

“ORIGINAL”. In addition, the Applicant shall submit 3 (three) copies of such Application and

documents, which shall be marked as “COPY”. The Applicant shall also provide 2 (two) soft

copies thereof on a Compact Disc (CD). In the event of any discrepancy between the original

and the copy, the original shall prevail.

2.11.3 The Application and its copy shall be typed or written in indelible ink. It shall be signed by the

authorised signatory of the Applicant who shall also initial each page of the Application

(including each Appendix and Annex) in blue ink. In case of printed and published documents,

only the cover shall be initialled. All the alterations, omissions, additions or any other

amendments made to the Application shall be initialled by the person(s) signing the

Application. The Application shall contain machine number on all the pages and shall be in

spiral or hard bound form only in a manner that does not allow replacement of any page. The

Applicants are further advised to prepare a table of contents in the beginning of each volume

of documents referring the page numbers of the indexed items.

2.12 Sealing and Marking of Applications

2.12.1 The Applicant shall submit the Application in the format specified at APPENDIX-I, together

with the documents specified in Clause 2.12.2, and seal it in an envelope and mark the

envelope as “APPLICATION”. The Applicant shall seal the original and the copies of the

4 While extending the Application Due Date on account of an addendum, the Employer shall

have due regard for the time required by Applicants to address the amendments specified therein. In

the case of significant amendments, at least 15 (fifteen) days shall be provided between the date of

amendment and the Application Due Date, and in the case of minor amendments, at least 7 (seven)

days shall be provided.




Application, together with their respective enclosures, in separate envelopes duly marking the

envelopes as “ORIGINAL” and “COPY”. The envelopes shall then be sealed in an outer

envelope which shall also be marked in accordance with Clauses 2.12.2 and 2.12.3.

2.12.2 Each envelope shall contain:

(i) Application in the prescribed format (APPENDIX-I) along with Annexes and supporting documents;

(ii) Power of Attorney for signing the Application as per the format APPENDIX-II

(iii) if applicable, the Power of Attorney for Lead Member of Consortium as per the format at APPENDIX-III;

(iv) copy of the Jt. Bidding Agreement, in case of a Consortium, substantially in the format at APPENDIX-IV;

(v) copy of Memorandum and Articles of Association, if the Applicant is a body corporate, and if a partnership then a copy of its partnership deed;

(vi) copies of Applicant’s duly audited balance sheet and profit and loss account for the preceding five years;

(vii) 2 (two) soft copies of the Application on a Compact Disc (CD); and

(viii) any other requirement that may be sought by the Employer in terms of Clause 2.2.1, 2.2.2, 2.2.3, 2.2.4 and 2.2.8.

Each of the envelopes shall clearly bear the following identification:

“Application for Qualification: MWC01 Contract Package”

and shall clearly indicate the name and address of the Applicant. In addition, the Application Due Date should be indicated on the right hand corner of each of the envelopes.

2.12.3 Each of the envelopes shall be addressed to:

ATTN. OF: Director General

ADDRESS: Project Seabird


2nd

Floor, West Block-5

R K Puram, New Delhi - 110066

TELEPHONE NO: 011 2617 0507

011 2617 4312

011 2617 8664

CONTACT PERSON: Cdr PV Perumal

2.12.4 If the envelopes are not sealed and marked as instructed above, the Employer assumes no

responsibility for the misplacement or premature opening of the contents of the Application

and consequent losses, if any, suffered by the Applicant.

2.12.5 Applications submitted by fax, telex, telegram or e-mail shall not be entertained and shall be

rejected.




2.13 Application Due Date

2.13.1 Applications should be submitted before 1500 hours IST on the Application Due Date, at the

address provided in Clause 2.12.3 in the manner and form as detailed in this RFQ. A receipt

thereof should be obtained from the person specified in Clause 2.12.3.

2.13.2 The Employer may, in its sole discretion, extend the Application Due Date by issuing an

Addendum in accordance with Clause 2.9 uniformly for all Applicants.

2.14 Late Applications

Applications received by the Employer after the specified time on the Application Due Date

shall not be eligible for consideration and shall be summarily rejected.

2.15 Modifications/ substitution/ withdrawal of Applications

2.15.1 The Applicant may modify, substitute or withdraw its Application after submission, provided

that written notice of the modification, substitution or withdrawal is received by the Employer

prior to the Application Due Date. No Application shall be modified, substituted or withdrawn

by the Applicant on or after the Application Due Date.

2.15.2 The modification, substitution or withdrawal notice shall be prepared, sealed, marked, and

delivered in accordance with Clause 2.12, with the envelopes being additionally marked

“MODIFICATION”, “SUBSTITUTION” or “WITHDRAWAL”, as appropriate.

2.15.3 Any alteration/ modification in the Application or additional information supplied subsequent to

the Application Due Date, unless the same has been expressly sought for by the Employer,

shall be disregarded.




D. EVALUATION PROCESS

2.16 Evaluation of Applications

2.16.1 Applications for which a notice of withdrawal has been submitted in accordance with Clause

2.15 shall not be opened. The Employer shall prepare a record of the opening of Applications

to include, as a minimum, the name of the Applicants.

2.16.2 The Employer will subsequently examine and evaluate Applications in accordance with the

provisions set out in this RFQ.

2.16.3 Applicants are advised that pre-qualification of Applicants will be entirely at the discretion of

the Employer. Applicants will be deemed to have understood and agreed that no explanation

or justification on any aspect of the Bidding Process or selection will be given.

2.16.4 Any information contained in the Application shall not in any way be construed as binding on

the Employer, its agents, successors or assigns, but shall be binding against the Applicant if

the Contract is subsequently awarded to it on the basis of such information.

2.16.5 The Employer reserves the right not to proceed with the Bidding Process at any time without

notice or liability and to reject any or all Application(s) without assigning any reasons.

2.16.6 If any information furnished by the Applicant is found to be incomplete, or contained in

formats other than those specified herein, the Employer may, in its sole discretion, exclude

the same from evaluation of the Applicant.

2.16.7 In the event that an Applicant claims credit for similar work, and such claim is determined by

the Employer as incorrect or erroneous, the Employer shall reject such claim and exclude the

same for evaluation. Where any information is found to be patently false or amounting to a

material misrepresentation, the Employer reserves the right to reject the Application and/ or

Bid in accordance with the provisions of Clauses 2.6.2 and 2.6.3.

2.17 Confidentiality

2.17.1 The short-listed pre-qualified Applicants shall ensure that all persons employed on any work

connected with this Contract have noted that the Indian Official Secret Act 1923 (XIX of 1923)

applies to them and continue to apply even after the termination or expiry of the Contract.

This condition shall also apply to his sub-contractors. An undertaking to this effect is to be

submitted by the Contractor to the Employer prior execution of the Contract.

2.17.2 Information relating to the examination, clarification, evaluation, and recommendation for the

short-listed pre-qualified Applicants shall not be disclosed to any person who is not officially

concerned with the process or is not a retained professional advisor advising the Employer in

relation to or matters arising out of, or concerning the Bidding Process. The Employer will

treat all information, submitted as part of Application, in confidence and will require all those

who have access to such material to treat the same in confidence. The Employer may not

divulge any such information unless it is directed to do so by any statutory entity that has the

power under law to require its disclosure or is to enforce or assert any right or privilege of the

statutory entity and/ or the Employer or as may be required by law or in connection with any

legal process.




2.18 Responsiveness

The Employer reserves the right to reject any Application which is non-responsive and no

request for alteration, modification, substitution or withdrawal shall be entertained by the

Employer in respect of such Application. Provided, however, that the Employer may, in its

discretion, allow the Applicant to rectify any infirmities or omissions if the same do not

constitute a material modification of the Application.

2.19 Clarifications

2.19.1 To facilitate evaluation of Applications, the Employer may, at its sole discretion, seek

clarifications from any Applicant regarding its Application. Such clarification(s) shall be

provided within the time specified by the Employer for this purpose. Any request for

clarification(s) and all clarification(s) in response thereto shall be in writing.

2.19.2 If an Applicant does not provide clarifications sought under Clause 2.19.1 above within the

prescribed time, its Application shall be liable to be rejected. In case the Application is not

rejected, the Employer may proceed to evaluate the Application by construing the particulars

requiring clarification to the best of its understanding, and the Applicant shall be barred from

subsequently questioning such interpretation of the Employer.




E. QUALIFICATION AND BIDDING

2.20 Short-listing and notification

After the evaluation of Applications, the Employer would announce a list of short-listed pre-

qualified Applicants (Bidders) who will be eligible for participation in the Bid Stage. At the

same time, the Employer would notify the other Applicants that they have not been short-

listed. The Employer will not entertain any query or clarification from Applicants who fail to

qualify.

2.21 Submission of Bids

The Bidders will be requested to submit a Bid in the form and manner to be set out in the

Bidding Documents.

Only pre-qualified Applicants shall be invited by the Employer to submit their Bids for the

Works. The Employer is likely to provide a comparatively short time span for submission of

the Bids for the Works. The Applicants are therefore advised to visit the site and familiarise

themselves with the Project as well as the Works. No extension of time is likely to be

considered for submission of Bids pursuant to invitation that may be issued by the Employer.

2.22 Proprietary data

All documents and other information supplied by the Employer or submitted by an Applicant to

the Employer shall remain or become the property of the Employer. Applicants are to treat all

information as strictly confidential and shall not use it for any purpose other than for

preparation and submission of their Application. The Employer will not return any Application

or any information provided along therewith.

2.23 Correspondence with the Applicant

Save and except as provided in this RFQ, the Employer shall not entertain any

correspondence with any Applicant in relation to the acceptance or rejection of any

Application.




3 CRITERIA FOR EVALUATION

3.1 Evaluation parameters

3.1.1 Only those Applicants who meet the eligibility criteria specified in Clause 2.2.1 shall qualify for

evaluation under this Section 3. Applications from Applicants, Consortium/JV, as the case

may be, who do not meet these criteria shall be rejected.

3.1.2 The Applicant’s competence and capability is proposed to be established by the following

parameters:

(a) Technical Capacity; and

(b) Financial Capacity

3.1.3 Conditions of eligibility shall be evaluated on Pass/Fail basis and no marks shall be assigned

to any condition of eligibility.

3.1.4 The Employer shall use the factors, methods, criteria, and requirements defined in Section 2,

to evaluate the Qualification of the Applicants, and no other methods, criteria, or requirements

shall be used.

3.2 Short-listing of Applicants

All Applicants who’s Applications meet or exceed the specified conditions of eligibility will be

pre-qualified by the Employer.




4 FRAUD AND CORRUPT PRACTICES

4.1 The Applicants and their respective officers, employees, agents and advisers shall observe the highest standard of ethics during the Bidding Process. Notwithstanding anything to the contrary contained herein, the Employer may reject an Application without being liable in any manner whatsoever to the Applicant if it determines that the Applicant has, directly or indirectly or through an agent, engaged in corrupt practice, fraudulent practice, Coercive Practice, undesirable practice or restrictive practice in the Bidding Process.

4.2 Without prejudice to the rights of the Employer under Clause 4.1 hereinabove, if an Applicant is found by the Employer to have directly or indirectly or through an agent, engaged or indulged in any corrupt practice, fraudulent practice, coercive practice, undesirable practice or restrictive practice during the Bidding Process, such Applicant shall not be eligible to participate in any tender or RFQ issued by the Employer during a period of 2 (two) years from the date such Applicant is found by the Employer to have directly or indirectly or through an agent, engaged or indulged in any corrupt practice, fraudulent practice, coercive practice, undesirable practice or restrictive practice, as the case may be.

4.3 For the purposes of this Clause 4, the following terms shall have the meaning hereinafter respectively assigned to them:

(a) “corrupt practice” means (i) the offering, giving, receiving, or soliciting, directly or indirectly, of anything of value to influence the actions of any person connected with the Bidding Process (for avoidance of doubt, offering of employment to, or employing, or engaging in any manner whatsoever, directly or indirectly, any official of the Employer who is or has been associated in any manner, directly or indirectly, with the Bidding Process or the LOA or has dealt with matters concerning the Concession Agreement or arising therefrom, before or after the execution thereof, at any time prior to the expiry of one year from the date such official resigns or retires from or otherwise ceases to be in the service of the Employer, shall be deemed to constitute influencing the actions of a person connected with the Bidding Process); or (ii) engaging in any manner whatsoever, whether during the Bidding Process or after the issue of the LOA or after the execution of the Concession Agreement, as the case may be, any person in respect of any matter relating to the Project or the LOA or the Concession Agreement, who at any time has been or is a legal, financial or technical adviser of the Employer in relation to any matter concerning the Project;

(b) “fraudulent practice” means a misrepresentation or omission of facts or suppression of facts or disclosure of incomplete facts, in order to influence the Bidding Process;

(c) “coercive practice” means impairing or harming or threatening to impair or harm, directly or indirectly, any person or property to influence any person’s participation or action in the Bidding Process;

(d) “undesirable practice” means (i) establishing contact with any person connected with or employed or engaged by the Employer with the objective of canvassing, lobbying or in any manner influencing or attempting to influence the Bidding Process; or (ii) having a Conflict of Interest; and

(e) “restrictive practice” means forming a cartel or arriving at any understanding or arrangement among Applicants with the objective of restricting or manipulating a full and fair competition in the Bidding Process.




5 PRE-APPLICATION CONFERENCE

5.1 A Pre-Application Conference of the interested parties shall be convened at the designated date, time and place.




6 MISCELLANEOUS

6.1 The Bidding Process shall be governed by, and construed in accordance with, the laws of India and the courts in the State in which the Employer has its headquarters shall have exclusive jurisdiction over all disputes arising under, pursuant to and/ or in connection with the Bidding Process.

6.2 The Employer, in its sole discretion and without incurring any obligation or liability, reserves the right, at any time, to;

(a) suspend and/ or cancel the Bidding Process and/ or amend and/ or supplement the Bidding Process or modify the dates or other terms and conditions relating thereto;

(b) consult with any Applicant in order to receive clarification or further information;

(c) pre-qualify or not to pre-qualify any Applicant and/ or to consult with any Applicant in order to receive clarification or further information;

(d) retain any information and/ or evidence submitted to the Employer by, on behalf of, and/ or in relation to any Applicant; and/ or

(e) independently verify, disqualify, reject and/ or accept any and all submissions or other information and/ or evidence submitted by or on behalf of any Applicant.

6.3 It shall be deemed that by submitting the Application, the Applicant agrees and releases the Employer, its employees, agents and advisers, irrevocably, unconditionally, fully and finally from any and all liability for claims, losses, damages, costs, expenses or liabilities in any way related to or arising from the exercise of any rights and/ or performance of any obligations hereunder and the Bidding Documents, pursuant hereto, and/ or in connection with the Bidding Process, to the fullest extent permitted by applicable law, and waives any and all rights and/ or claims it may have in this respect, whether actual or contingent, whether present or in future.




7 SCOPE OF WORKS

7.1 Description of the Works

The Scope of Work as included in this document is indicative and general in nature. A more

detailed Scope of Works will be included in the Bidding Documents to be issued to Bidders. The

scope of work will include the following general aspects:

(a) Dredging,

(b) Reclamation with dredged material,

(c) Ground Improvements,

(d) Stockpiling/disposal of additional suitable dredged material,

(e) Revetments,

(f) Procurement and installation of navigational aids at designated areas,

(g) Design, construction and removal of any temporary works required for construction,

(h) Alterations, diversions of utility services as required

(i) Production of boulder/stone for construction of Works under the Contract as well as to supply boulder/stone to other contractors performing works under other contract package(s),

(j) The Works also include operation and management of on-site quarry,

(k) Rehabilitation of quarry area as per Environment Management Plan

In addition, the Contractor shall undertake the rectification of defects appearing in the Permanent

Works detailed below in the manner and to the standards within the time stipulated by the

Contract.

In full recognition of these objectives and with full acceptance of the obligations, the Contractor

shall execute the Works taking into account all liabilities and risks that may be involved.

The Employer may decide to take beneficial custody and accept portions of the work completed

from the Contractor in a phased manner per the approved Master Schedule and/or the Handing-

Over Plan.

The dredging, reclamation, revetment and quarrying works contractor shall ensure proactive,

timely, collaborative and effective coordination with various other works Contractors who shall be

concurrently carrying out works forming part of this Project Seabird Phase IIA and who shall also

procure boulders/stones from the quarry site.

7.1.1 Permanent Works

The permanent works shall include but not be limited to the construction, manufacture, supply, installation, testing and commissioning of:

(a) Dredging at harbour basin, secondary channels and pier locations to a maximum depth of -12m CD

(b) Disposal of unsuitable or excess dredge material to a designated offshore disposal location.

(c) Reclamation of land by using suitable dredged material

(d) Ground improvement of newly reclaimed land under this Project and/or other existing land adjacent to areas designated for reclamation

(e) Stockpile of additional suitable dredged material at designated areas

(f) Construction of rock revetment at water depths at -12m CD, -8m CD and -4m CD.

(g) Removal of existing rock revetment at reclamation area




(h) Procure, install, testing and commissioning of navigational aids

(i) Design, construction and removal of any temporary works required for construction

(j) Alterations, diversions of utility services

(k) Operation of the on-site quarry and production of quarry stones required for construction as well as supply to contractors performing works under other contract package(s)

(l) Rehabilitation of quarry area as per the recommendation given in EMP

(m) Rectification of defects of the Works during DLP

7.1.2 Non-Permanent Works

Existing roads and work harbour may be used by the Contractor during the construction for

transporting his materials, as designated and approved by the Employer. The Contractor may

modify the existing facility provided by the Employer based on his requirement subject to review

and approval of Employer.

7.1.3 Salient Engineering Features of the Project

The indicative engineering features of the works under this prequalification are as given below:

S. No. Description Details

1

Dredging

a) Dredging to this depth will be undertaken at the Refit Piers, from the southern side of Pier 3 to the future proposed Pier 7 and the port anchorage located adjacent to the South Breakwater

-12.0m CD

b) Dredging to this depth will be undertaken in the Secondary Channel

c) Armament Wharf

-10.0m CD

d) Dredging to this depth will be undertaken from the southern side of Pier 2 to the northern side of Pier 3 (excluding the Supporting Vessels Basin); around the Submarine Piers 8 & 9, from the future Pier 7 south to the Arge Cape.

-8.0m CD

e) Dredging to this depth will occur in the port Supporting Vessels Basin, located between Pier 2 and Pier 3.

-4.0m CD

2

Reclamation

a) Reclamation and ground improvement to this height will be undertaken behind Refit Piers 1 & 2

+5.8m CD in areas nearest to the piers with transition to 5.0M CD in areas further removed from the piers

b) Reclamation and ground improvement to this height will be undertaken behind Pier 5 to Piers 8 & 9

+5.8m CD

3

Revetment

a) Construction of rock revetment at approximately -12m CD water depth

Approximately 2,500m

b) Construction of rock revetment at approximately -10m CD water depth

Approximately 740m

c) Construction of rock revetment at approximately -8m CD water depth

Approximately 800m




S. No. Description Details

d) Construction of rock revetment at approximately -4m CD water depth

Approximately 400m

4

Quarry Operation

a) Quarrying core stones, armour stones, aggregates from designated quarry site

Approximately 11.5 million tonne

5

Navigational Aids

a) All round lights, marker buoys, leading lights, pier lights, DGPS systems, etc.

As required

6

a) Compliance to Environmental Clearance conditions

b) Contractor to comply with all environmental monitoring and requirements set out in the Environmental clearance letter issues to Project Seabird.

As required

TABLE 7-1: SALIENT ENGINEERING FEATURES

Total dredging volume is approximately 12 Million Cum and total reclamation area is

approximately 50 Hectares.

The dredging, reclamation, revetment construction contractor will be expected to complete all

works (except quarry operations) within the time frame stipulated and considering the impacts of

challenging weather due to monsoon season in the Karwar area during months of June through

August. Contractor will also be required to execute the works in such a manner that priority work

elements are completed according to incremental milestones established by the PMC and

included in the approved Master schedule.

The Contractor must comply with conditions mentioned in the Environmental Clearance issued

by Ministry of Environmental & Forest (MoEF), Government of India and PMC’s Environmental

Management Plan. The conditions will be included in the Tender Document and issued to all

Bidders.

7.1.4 Utilities

The existing utilities have generally been identified as part of the field data collected by the

Employer. However, there is always a possibility of some unidentified utilities being detected by

the Contractor during the course of Data Collection or during the construction. All known utilities

will be detailed in the Bid Document. If any utilities are required to be diverted or altered in order

to carry out the subject works, then this shall be the responsibility of the Contractor. However, the

Contractor shall be responsible to relocate all identified and any possible unidentified utilities.

Removal of unidentified utilities, if necessary, will be treated as a variation.

7.1.5 Interfacing with Other Works Contractors

The dredging, reclamation, revetment construction Contractor appointed through this RFQ

exercise followed by the Bidding process shall be required to interface, coordinate activities and

schedule and cooperate with other works contractors of Project Seabird Phase IIA (including the

Marine Works contractors) engaged to construct piers and other onshore infrastructure. This

interface and coordination will be accomplished in such a way that minimizes conflict,

interference, maximizes cooperation and mutual support between all contractors so as to

maintain project schedules




7.2 Construction Period

The allowed construction period for the works to be performed and completed, ready for use by

the Employer, under this contract package shall be as follows:

(a) For dredging, reclamation, ground improvement, revetment and installation of navigational aids: around 24-30 months from date of contract award.

(b) For quarry operation works: shall be 48 months from date of contract award

The Contractor shall be required to plan various components of work in such a sequence that the

complete work is commissioned in the required time from the date of award of contract. If

required by the Employer, priority works may be identified which will require early and/or phased

completion. These, if any, will be detailed in the Bidding Documents.

7.3 Other Data

7.3.1 Geotechnical Data

Geotechnical investigation works related to this Project is ongoing. Data will be available prior to

issue of Bidding Documents, or shortly thereafter. However, previous investigations conducted

during Seabird Phase I works shows that the subsurface strata near to the future pier locations is

predominantly comprised of granular soils consisting of silty sand to clayey silts with varying

amounts of fine sand and silt. The granular soils are generally silty sand and classified as SM or

SP according to the Unified Soil Classification System. Traces of stiff clay are observed in certain

borehole locations and certain depths above the weathered rock, with a plasticity index of less

than 15. Approximately 2 meters of weathered rock is observed almost in every borehole

location. After correlating the observed rock data, the average UCS of rock is found to be 25MPa

and RQD varies from 25% to 50%.

7.3.2 Tide Levels

The tide levels defined in Table below will be used.

Tidal Datum Elevation (m, CD)

Highest High Water Spring (HHWS) 2.13

Mean High Water Springs (MHWS) 1.90

Mean High Water Neaps (MHWN) 1.64

Mean Sea Level (MSL) 1.13

Mean Low Water Neaps (MLWN) 0.92

Mean Low Water Springs (MLWS) 0.32

Lowest Low Water Spring (LLWS) 0.04

Chart Datum (CD), Approximately the level of Lowest Astronomical Tide (LAT)

0.0

TABLE 7-2: TIDAL DATUM AT PROPOSED SITE LOCATION

7.3.3 Waves inside the Harbour

The wave inside the harbour is generally calm with a maximum significant wave height of 0.4m.

Maximum significant wave at Armament Wharf location is 0.5m. The predominant wave

directions are SSW, SW and WSW.

7.3.4 Wind

The mean monthly wind speed at Karwar, based on the available Indian Meteorological

Department data (1980 to 2010), is summarized below:




Month Wind Speed Range (km/h)

January 6.4

February 6.8

March 8.5

April 9.9

May 12.0

June 11.9

July 15.6

August 12.9

September 8.2

October 5.8

November 5.3

December 5.5

TABLE 7-3: MONTHLY AVERAGE WIND SPEED RANGES

7.3.5 Current

Based on available field data (taken from 22 November 2011 to 22 December 2011, and from 31

March 2012 to 30 April 2012) at the Project site off Arge Cape (outside of the harbour), the

averaged current speed ranges from 0.1m/s to 0.54m/s.

The currents flow parallel to the southern Breakwater, reversing direction during flood and ebb

phases of the tide; the flood currents are in a north-westward direction during the flood tide and

south-eastward direction during the ebb tide. The magnitude of the currents indicate that the

flood currents are stronger (0.54 m/s) than the ebb currents (0.15 m/s).

7.3.6 Temperature, Humidity and Rainfall

At an average the annual variation of maximum temperature at Karwar is from 300C to 35

0C. The

month of August being the lowest in range due to the extreme rains and overcast skies. The

annual range of minimum temperature is about 160C to 23

0C, January being the lowest and May

being the highest.

The highest average monthly temperature recorded was 36.40C in January of 2011. The lowest

recorded was 15.80C also in January of 2011.

The Relative Humidity (RH) always remains high in Karwar, being a coastal region. In general it

is highest in the morning and lesser in the afternoon hours. The monsoon months see

continuous high relative humidity due to the substantial rainfall, and reaches up to RH of 100%.

The minimum is average monthly relative humidity occasionally observed in the months of

December through February and can be as low as RH is 23%.

At an average, Karwar receives about 3163.5mm rainfall annually and wettest year records have

shown annual rainfall up to 5319mm. June through August being the highest rainfall period

accounting for more than 2500mm rainfall.




APPENDICES




APPENDIX-I

Letter Comprising the Application for Pre-Qualification

(Refer Clause 2.12.2 (i))

Dated:

To,

The Director General, Project Seabird


2nd Floor, West Block-5

R K Puram, New Delhi – 110066

Sub: Application for pre-qualification for the dredging, reclamation, revetments, quarrying and Nav Aids under Contract Package MWC01

Dear Sir,

1. With reference to your RFQ document dated ……….., we, having examined the RFQ document and understood its contents, hereby submit our Application for Qualification for the aforesaid project. The Application is unconditional and unqualified.

2. We acknowledge that the Employer will be relying on the information provided in the Application and the documents accompanying such Application for pre-qualification of the Applicants for the aforesaid project, and we certify that all information provided in the Application and in Annexes ANNEX-I to ANNEX-VIII is true and correct; nothing has been omitted which renders such information misleading; and all documents accompanying such Application are true copies of their respective originals.

3. This statement is made for the express purpose of qualifying as a Bidder for the construction of the aforesaid Works including Defects Liability Period (DLP).

4. We shall make available to the Employer any additional information it may find necessary or require to supplement or authenticate the Qualification statement.

5. We acknowledge the right of the Employer to reject our Application without assigning any reason or otherwise and hereby waive, to the fullest extent permitted by applicable law, our right to challenge the same on any account whatsoever.

6. We, in accordance with Clause 2.2.8, certify that in the last seven years, we/ any of the Consortium/JV Members have neither failed to perform on any contract, as evidenced by imposition of a penalty by an arbitral or judicial authority or a judicial pronouncement or arbitration award, nor been expelled from any project or contract by any public authority nor have had any contract terminated by any public authority for breach on our part.




APPENDIX-I Page 2

7. We declare that:

(a) we have examined and have no reservations to the RFQ document, including any Addendum issued by the Employer;

(b) we do not have any conflict of interest in accordance with Clause 2.2.1c of the RFQ document;

(c) we have not directly or indirectly or through an agent engaged or indulged in any corrupt practice, fraudulent practice, coercive practice, undesirable practice or restrictive practice, as defined in Clause 4.3 of the RFQ document, in respect of any tender or request for proposal issued by or any agreement entered into with the Employer or any other public sector enterprise or any government, Central or State;

(d) we hereby certify that we have taken steps to ensure that in conformity with the provisions of Section 4 of the RFQ document, no person acting for us or on our behalf within our control and knowledge has engaged or will engage in any corrupt practice, fraudulent practice, coercive practice, undesirable practice or restrictive practice; and

(e) we have not been suspended by the GoI or any other Government, in India based on execution of a Bid-Securing Declaration, in accordance with Clause 2.2.1 d(i).

8. We understand that you may cancel the Bidding Process at any time and that you are neither bound to accept any Application that you may receive nor to invite the Applicants to Bid for the Project, without incurring any liability to the Applicants, in accordance with Clause 2.16.5 of the RFQ document.

9. We believe that we meet(s) all the requirements as specified in the RFQ document and are qualified to submit a Bid.

10. We declare that we/ any Member of the Consortium/JV are not a Member of any other Consortium/JV applying for pre-qualification.

11. We certify that in regard to matters other than security and integrity of the country, we/ any Member of the Consortium/JV have not been convicted by a Court of Law or indicted or adverse orders passed by a regulatory authority which could cast a doubt on our ability to undertake the Contract or which relates to a grave offence that outrages the moral sense of the community.

12. We further certify that in regard to matters relating to security and integrity of the country, we/ any Member of the Consortium/JV have not been charge-sheeted by any agency of the Government or convicted by a Court of Law.

13. We further certify that no investigation by a regulatory Employer is pending either against us/ any Member of the Consortium/JV or against our CEO or any of our directors/ managers/ employees.




APPENDIX-I Page 3

14. We further certify that we/ any Member of the Consortium/JV are not barred by the GoI or any other Government of any country, in India, from participating in any project, and no bar subsists as on the date of Application.

15. We undertake that in case due to any change in facts or circumstances during the Bidding Process, we are attracted by the provisions of disqualification in terms of the provisions of this RFQ, we shall intimate the Employer of the same immediately.

16. The Statement of Legal Capacity as per format provided at ANNEX-VII in APPENDIX-I of the RFQ document, and duly signed, is enclosed. The power of attorney for signing of Application and the power of attorney for Lead Member of Consortium/JV, as per format provided at APPENDIX-II and APPENDIX-III respectively of the RFQ, are also enclosed.

17. We understand that the selected Bidder shall either be an existing company or Consortium/JV incorporated under the Indian Companies Act, 1956/2013, or shall incorporate as such prior entering into the Contract.

18. 5We, in accordance with sub-clause (A) (ii) (d) of Clause 2.2.2, undertake to execute following

specialised works through Specialised Sub-Contractor:

(a) Quarrying of boulder/stone

19. We hereby irrevocably waive any right or remedy which we may have at any stage as per law or howsoever otherwise arising to challenge or question any decision taken by the Employer in connection with the selection of Applicants, selection of the Bidder, or in connection with the selection/ Bidding Process itself, in respect of the above mentioned Project and the terms and implementation thereof.

20. We agree and undertake to abide by all the terms and conditions of the RFQ document.

21. We agree and undertake to be jointly and severally liable for all the obligations of the Contractor under the Contract till DLP in accordance with the Contract.

6

In witness thereof, we submit this Application under and in accordance with the terms of the RFQ document.

Yours faithfully,

Date: (Signature, name and designation of the Authorised Signatory)

Place: Name and seal of the Applicant/ Lead Member

5

Omit if the Applicant has not proposed for Specialised Sub-Contractor.

6 Omit if the Applicant is not a Consortium/JV.




APPENDIX-I ANNEX-I

ANNEX-I

Particulars of the Applicant

1. (a) Name:

(b) Country of incorporation:

(c) Address of the corporate headquarters and its branch office(s), if any, in India:

(d) Date of incorporation and/ or commencement of business:

2. Brief description of the Company including details of its main lines of business and proposed role and responsibilities in this Contract:

3. Particulars of individual(s) who will serve as the point of contact/ communication for the Applicant:

(a) Name:

(b) Designation:

(c) Company:

(d) Address:

(e) Telephone Number:

(f) E-Mail Address:

(g) Fax:

4. Particulars of the Authorised Signatory of the Applicant:

(a) Name:

(b) Designation:

(c) Address:

(d) Phone Number:

5. In case of a Consortium/JV:

(a) The information above (1-4) should be provided for all the Members of the Consortium/JV.

(b) A copy of the Jt. Bidding Agreement, as envisaged in Clause 2.2.6(g) should be attached to the Application.

(c) Information regarding the role of each Member should be provided as per table below:




APPENDIX-I ANNEX-I

S. No. Name of Member Role$

Percentage of participation in the Consortium/JV

$$

1.

2.

3.

$ The role of each Member, as may be determined by the Applicant, should be indicated in

accordance with Clause 2.2.6(e).

$$The percentage of participation should be in accordance with Clause 2.2.6(d) and (g).

6. In case of Specialised Sub-Contractor proposed, the information above (1-4) should be provided. Consent letter from the participating Specialised Sub-Contractor is given in ANNEX-II.

7. The following information shall also be provided for the Applicant, including each Member of the Consortium/JV and Specialised Sub-Contractor:

Name of Applicant/ member of Consortium/Specialised Sub-Contractor:

S. No. Criteria Yes No

1. Has the Applicant/ constituent of the Consortium/JV, Specialised Sub-Contractor been barred by the Central/ State Government, or any entity controlled by it, from participating in any project?

2. If the answer to 1 is yes, does the bar subsist as on the date of Application?

3.

Has the Applicant/ constituent of the Consortium/JV paid liquidated damages of more than 5% of the contract value in a contract due to delay or has been penalised due to any other reason in relation to execution of a contract, in the last seven years?

8. A statement by the Applicant and each of the Members of its Consortium/JV (where applicable), disclosing material non-performance or contractual non-compliance in past projects, contractual disputes and litigation/ arbitration in the recent past is given below (Attach extra sheets, if necessary):




APPENDIX-I ANNEX-II

ANNEX-II

Letter of Consent

[To be filled up by Specialised Sub-Contractor]

Dated:

To,






Dear Sir,

The Request for Qualification (“RFQ”) for the dredging, reclamation, revetments, quarrying and Nav Aids under Contract Package MWC01 has been called for by the Director General, Project Seabird.

In this regard, this is an undertaking that [insert name of Sub-contracting firm] having its office at [insert address of the Sub-contracting firm] is willing to participate as Specialised Sub-Contractor for [insert brief work details for which sub-contractor will provide services] with [insert name of applicant] for this Works.

We further undertake that:

a) we do not have any conflict of interest in accordance with Clauses 2.2.1c of the RFQ document;

b) we have not directly or indirectly or through an agent engaged or indulged in any corrupt practice, fraudulent practice, Coercive Practice, undesirable practice or restrictive practice, as defined in Clause 4.3 of the RFQ document, in respect of any tender or request for proposal issued by or any agreement entered into with the Employer or any other public sector enterprise or any government, Central or State;

c) we have taken steps to ensure that in conformity with the provisions of Section 4 of the RFQ document, no person acting for us or on our behalf has engaged or will engage in any corrupt practice, fraudulent practice, Coercive Practice, undesirable practice or restrictive practice; and

d) we have not been suspended by the Employer based on execution of a Bid-Securing Declaration, an accordance with Clause 2.2.1 d (i).

e) we have not been convicted by a court or indicted or adverse orders passed by a regulatory authority in regard to matters other than security and integrity of the country which could cast a doubt on our ability to undertake the specialised works under the Contract or which relates to a grave offence that outrages the moral sense of the community.

f) we have not been charge-sheeted by any agency of the Government or convicted by a court in regard to matters relating to security and integrity of the country.

g) no investigation by a regulatory Employer is pending either against us or against our CEO or any of our directors/ managers/ employees.




h) we are not barred by the Central Government/ State Government or any entity controlled by it, from participating in any project, and no bar subsists as on the Application Due Date.

[Insert name, signature and seal of authorized representative of the Specialised Sub-Contractor]




APPENDIX-I ANNEX-III

ANNEX-III

Similar Works Experience

(Refer Clause 2.2.2 (A)(i))

[The following table shall be filled in for contracts performed by the Applicant, each member of Consortium/JV]

Applicant’s Name: [insert full name] Consortium/JV Member’s Name: [insert full name]

Similar work No.

[insert number] of [insert number of similar works required]

Information

Description of the similarity in accordance with similar work as defined in Clause 2.2.2:

Contract Identification [insert contract name and number, if applicable]

Award date [insert day, month, year]

Completion date [insert day, month, year]

Role in Contract

[check the appropriate box] Prime

Contractor ☐

Member in Joint Venture

☐

Management Contractor

☐

Sub-contractor

☐

Total Contract Amount [insert total contract amount in local currency]

INR [insert

Exchange rate and total contract amount in INR

equivalent]*

If member in a joint venture or sub-contractor, specify participation in total contract amount

[insert a percentage amount]

[insert total contract amount in local currency]

[insert exchange rate and total contract amount in INR equivalent]*

Employer's Name: [insert full name]

Address:

Telephone/fax number

E-mail:

[indicate street / number / town or city / country]

[insert telephone/fax numbers, including country and

city area codes]

[insert e-mail address, if available]

*Refer Note at the end of Clause 2.2.2 for date and source of exchange rate.




APPENDIX-I ANNEX-IV

ANNEX-IV

Construction Experience in Key Activities

(Refer Clause 2.2.2 (A)(ii))

[The following table shall be filled in for contracts performed by the Applicant, each member of Consortium/JV, and Specialised Sub-Contractor]


Specialised Sub-Contractor’s (if applicable) Name: [insert full name]

Key Activity No. One (1): [insert brief description of the Activity, emphasizing its specificity]

Total Quantity of Activity under the contract:

Information

Contract Identification [insert contract name and number, if applicable]

Award date [insert day, month, year]

Completion date [insert day, month, year]

Role in Contract

[check the appropriate box] Prime

Contractor

Member in Joint

Venture

Management Contractor

Sub-contractor

Total Contract Amount [insert total contract amount in contract currency(ies)]

INR [insert exchange rate** and total contract amount in INR equivalent]

Quantity (Volume, number or rate of production, as applicable) performed under the contract per year or part of the year

[Insert extent of participation indicating actual quantity of key activity successfully completed in the role performed]

Total quantity in the contract

(i)

Percentage

participation

(ii)

Actual Quantity

Performed

(i) x (ii)

Year 1*

Year 2*

…………..

……………

Year 7*

* Insert actual year like year 2010 or FY 2010-11 or any other continuous period of 12 months etc.




Employer’s Name: [insert full name]

Address:

Telephone/fax number

E-mail:

[indicate street / number / town or city / country]

[insert telephone/fax numbers, including country and

city area codes]

[insert e-mail address, if available]

Similarly Activity No. Two (2), Three (3) and Four (4) should be filled in ANNEX-IV after Activity No. One (1)

Summary of the above information derived from Forms submitted

Information

Description of the key activities in accordance with Clause 2.2.2 (ii):

[insert response to inquiry indicated in left column]

1.

2.

3.

4.

**Refer Note at the end of Clause 2.2.2 for date and source of exchange rate.




APPENDIX-I ANNEX-V

ANNEX-V

Financial Statement of the Applicant

(Refer Clause 2.2.2(B) (i) to (ii))

[The following table shall be filled in for the Applicant and each member of Consortium/JV]


1. Financial data

Type of Financial information in

(currency)

Historic information for previous 5 (Five) Years

(amount in currency, currency, exchange rate*, INR equivalent)

Year 1 Year 2 Year 3 Year 4 Year 5

Statement of Financial Position (Information from Balance Sheet)

A. Total Assets (TA) (Excluding Deferred Expenditure and Losses)

B. Total Outside Liabilities (TL)

(Long Term Liabilities and Current Liabilities and Provisions)

C. Revaluation Reserve

D. Net Worth = A – B - C

E. Current Assets (CA)

F. Current Liabilities and Provisions (CL)

G. Working Capital = E - F

Profit before taxes

Profit after taxes

3. Financial documents

(a) The audited balance sheets, profit and loss account and cash flow statement of Group Companies, Parent Companies or Sister Companies shall not be considered for evaluation unless they are part of Consortium/JV. The Applicants are advised to strictly adhere to this requirement and submit the financial statements of the Applicant and / or its Consortium/JV members only.

(b) The Applicant/ its constituent Consortium/JV Members shall attach copies of the balance sheets, financial statements and Annual Reports for 5 (five) years preceding the Application Due Date. The financial statements shall:

(i) reflect the financial situation of the Applicant or in case of JV member, and not an affiliated entity (such as parent company or group member);




(ii) be independently audited or certified in accordance with local legislation;

(iii) be complete, including all notes to the financial statements;

(iv) correspond to accounting periods already completed and audited (no statements for partial periods shall be requested or accepted).

(c) Year 1 will be the latest completed financial year, preceding the bidding. Year 2 shall be the year immediately preceding Year 1 and so on. In case the Application Due Date falls within 3 (three) months of the close of the latest financial year, refer to Clause 2.2.11.

(d) Attached are copies of financial statements for the last 5 financial years required above; and complying with the requirements (If the most recent set of financial statements is for a period earlier than 12 months from the date of application, justification should be provided for the same).

(e) In the case of a Consortium/JV, a copy of the Jt. Bidding Agreement shall be submitted in accordance with Clause 2.2.6(g) of the RFQ document.

(f) The Applicant shall provide an Auditor’s Certificate specifying the Net Worth of the Applicant and also specifying the methodology adopted for calculating such Net Worth.




APPENDIX-I ANNEX-VI

ANNEX-VI

Average Annual Turnover

(Refer Clause 2.2.2(B)(iii))

[The following table shall be filled in for the Applicant and each member of Consortium/JV, counter signed by chartered accountant]


Annual turnover data

Year

(Financial year to be indicated by Applicant)

Amount

Currency

Exchange rate** INR equivalent

[indicate financial year]

[insert amount and indicate currency]

Average Annual Turnover ***

* Annual Turnover should be substantiated through (i) Balance Sheets of the relevant financial years, provided the figures, are stated in the Balance Sheet(s) or (ii) Specific certificate(s) issued by the Statutory Auditors or (iii) Certificate(s) issued by the Clients

** Refer Note at the end of Clause 2.2.2 for date and source of exchange rate.

*** Total INR equivalent for all years divided by the total number of years.

Project Seabird Phase IIA RFQ: MWC01 - Dredging, Reclamation, Revetment, Quarrying and Nav Aids


APPENDIX-I ANNEX-VII

ANNEX-VII

Current Commitments*

[The following table shall be filled in for the Applicant and each member of Consortium/JV]


S. No.

Name of the

Contract

Joint venture

Percentage Share (%)

Actual/Expected Date of

Commencement

Total Contract

Value

Currency Conversion

Rate

Converted Contract Value (in

Crore)

Scheduled date of

Completion

Work done upto 28

days prior to

Application Due Date (in

Crore)

Value, at 28 days prior to the date of

Application Due Date, of works currently in

progress and for future contract commitments to be completed during 4 (four) years from 28

days prior to the Application Due Date (i.e. Balance value of

work) (in Crore)

(1) (2) (3) (4) (5) (6) (7) (8) (9) (10)

1

2

3

4

…

Total

*The Applicant should provide information in respect of (i) Contracts already awarded (i.e. contracts to be executed in future) to the Applicant but not started up to 28 days before Application Due Date; and (ii) Ongoing Contracts.

Notes:

1. Copy of Joint Venture agreement for each contract should be submitted.

Project Seabird Phase IIA RFQ: MWC01 - Dredging, Reclamation, Revetment, Quarrying and Nav Aids


2. Copy of Letter of Award (LoA) for each contract should be submitted.

3. The figures in columns 5 should be for the share of JV partner.

4. The Documentary evidence of the amount indicated in column 9 shall be submitted by the Applicant. In the absence of the supporting documentary

evidence, the amount indicated in Col 9 against respective works shall be considered as 0 (zero).

5. If in the Client’s Certificate, the member’s share in the JV, Contract Amount and Date of Award of Work are clearly stated, submission of copies of

JV Agreement as well as copy of Letter of Award stated in Note 1 and 2 above is not required.




APPENDIX-I ANNEX-VIII

ANNEX-VIII

Statement of Legal Capacity

(To be forwarded on the letterhead of the Applicant/ Lead Member of Consortium)

Dated:

To,






Dear Sir,

We hereby confirm that we/ our members in the Consortium/JV (constitution of which has been described in the Application) satisfy the terms and conditions laid out in the RFQ document.

We have agreed that …………………… [insert member’s name] will act as the Lead Member of our consortium/JV.

7

We have agreed that ………………….. [insert individual’s name] will act as our representative/ will act as the representative of the consortium on its behalf

7 and has been duly authorized to submit the

RFQ. Further, the authorised signatory is vested with requisite powers to furnish such letter and authenticate the same.

Thanking you,

Yours faithfully,

(Signature, name and designation of the authorised signatory)

For and on behalf of……………………………..

7

Please strike out whichever is not applicable.




APPENDIX-II

Format for Power of Attorney for signing of Application and Bid8

(Refer Clause 2.12.2 (ii))

Know all men by these presents, We…………………………………………….. [name of the firm and address of the registered office] do hereby irrevocably constitute, nominate, appoint and authorise Mr/ Ms [name], …………………… son/daughter/wife of ……………………………… and presently residing at …………………., who is presently employed with us/ the Lead Member of our Consortium/JV and holding the position of ……………………………. , as our true and lawful attorney (hereinafter referred to as the “Attorney”) to do in our name and on our behalf, all such acts, deeds and things as are necessary or required in connection with or incidental to submission of our application for pre-qualification and submission of our bid for the …………………………… Works proposed by the …………………….................. (the “Employer”) including but not limited to signing and submission of all applications, bids and other documents and writings, participate in Pre-Applications and other conferences and providing information/ responses to the Employer, representing us in all matters before the Employer, signing and execution of all contracts including the Contract Agreement and undertakings consequent to acceptance of our bid, and generally dealing with the Employer in all matters in connection with or relating to or arising out of our bid for the said Contract and/ or upon award thereof to us and/or till the entering into of the Contract Agreement with the Employer.

AND we hereby agree to ratify and confirm and do hereby ratify and confirm all acts, deeds and things done or caused to be done by our said Attorney pursuant to and in exercise of the powers conferred by this Power of Attorney and that all acts, deeds and things done by our said Attorney in exercise of the powers hereby conferred shall and shall always be deemed to have been done by us.

IN WITNESS WHEREOF WE, …………………………., THE ABOVE NAMED PRINCIPAL HAVE EXECUTED THIS POWER OF ATTORNEY ON THIS ……… DAY OF …………. 2…..

For …………………………..

(Signature, name, designation and address)

Witnesses:

1.

(Notarised)

2.

8 To be submitted in original.




APPENDIX-II Page 2

Accepted

……………………………

(Signature)

(Name, Title and Address of the Attorney)

Notes:

1. 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.

2. Wherever required, the Applicant should submit for verification the extract of the charter documents and documents such as a board or shareholders’ 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.

3. 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 Convention 1961 are not required to be legalised by the Indian Embassy if it carries a conforming Apostille certificate.




APPENDIX-III

Power of Attorney for Lead Member of Consortium/JV9

(Refer Clause 2.12.2 (iii))

Whereas the ……………………………….. (“the Employer”) has invited applications from interested parties for the ……………………………. works (the “Works”).

Whereas, …………………….., …………………….., …………………….. and …………………….. (collectively the “Consortium/JV”) being Members of the Consortium/JV are interested in bidding for the Works in accordance with the terms and conditions of the Request for Qualification document (RFQ), Request for Proposal (RFP) and other connected documents in respect of the Works, and

Whereas, it is necessary for the Members of the Consortium/JV to designate one of them as the Lead Member with all necessary power and authority to do for and on behalf of the Consortium/JV, all acts, deeds and things as may be necessary in connection with the Consortium/JV’s bid for the Works and its execution.

NOW THEREFORE KNOW ALL MEN BY THESE PRESENTS

We, M/s.…………………….. having our registered office at …………………….., M/s.

…………………….. having our registered office at …………………….., and …………………….. 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/JV, as

the Lead Member and true and lawful attorney of the Consortium/JV (hereinafter referred to as the

“Attorney”). We hereby irrevocably authorise the Attorney (with power to sub-delegate) to conduct all

business for and on behalf of the Consortium/JV and any one of us during the bidding process and, in

the event the Consortium/JV is awarded the contract, during the execution of the Works and in this

regard, to do on our behalf and on behalf of the Consortium/JV, all or any of such acts, deeds or

things as are necessary or required or incidental to the pre-qualification of the Consortium/JV and

submission of its bid for the Works, including but not limited to signing and submission of all

applications, bids and other documents and writings, accept the Letter of Award, participate in

bidders’ and other conferences, respond to queries, submit information/ documents, sign and execute

Contract(s) and undertakings consequent to acceptance of the bid of the Consortium/JV and

generally to represent the Consortium/JV in all its dealings with the Employer, and/ or any other

Government Agency or any person, in all matters in connection with or relating to or arising out of the

Consortium/JV’s bid for the Works and/ or upon award thereof until the Contract Agreement is entered

into with the Employer.

9 To be submitted in original.




APPENDIX-III Page 2

AND hereby agree to ratify and confirm and do hereby ratify and confirm all acts, deeds and things 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/JV.

IN WITNESS WHEREOF WE THE PRINCIPALS ABOVE NAMED HAVE EXECUTED THIS POWER OF ATTORNEY ON THIS …………………. DAY OF ………. 2..…

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/JV)




APPENDIX-III Page 3

Notes:

1. 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.

2. Also, wherever required, the Applicant should submit for verification the extract of the charter documents and documents such as a board or shareholders’ 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.

3. 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 Convention 1961 are not required to be legalised by the Indian Embassy if it carries a conforming Apostille certificate.




APPENDIX-IV

Joint Bidding Agreement for Consortium/Joint Venture

(Refer Clause 2.12.2 (iv))

[To be executed on Stamp paper of appropriate value]

THIS JOINT BIDDING AGREEMENT is entered into on this the ………… day of ………… 20…

AMONGST

1. ………… Limited, a company incorporated under the Companies Act, 1956/201310

and having its registered office at ………… (hereinafter referred to as the “First Part” which expression shall, unless repugnant to the context include its successors and permitted assigns)

AND

2. ………… Limited, a company incorporated under the Companies Act, 1956/2013 and having its registered office at ………… (hereinafter referred to as the “Second Part” which expression shall, unless repugnant to the context include its successors and permitted assigns)

AND

3. ………… Limited, a company incorporated under the Companies Act, 1956/2013 and having its registered office at ………… (hereinafter referred to as the “Third Part” which expression shall, unless repugnant to the context include its successors and permitted assigns)}

The above mentioned parties of the FIRST, SECOND, and THIRD PART are collectively referred to as the “Parties” and each is individually referred to as a “Party”

WHEREAS,

(A) THE PROJECT SEABIRD, represented by its Director General and having its offices at Integrated HQs of MoD (Navy), 2nd Floor, West Block-5, R K Puram, New Delhi – 110066 (hereinafter referred to as the “Employer” which expression shall, unless repugnant to the context or meaning thereof, include its administrators, successors and assigns) has invited applications (the Applications”) by its Request for Qualification No. ………… dated ………… (the “RFQ”) for pre-qualification and short-listing of bidders for construction of the ……………………….. works (the “Works”) through item rate contract.

(B) The Parties are interested in jointly bidding for the Works as members of a Consortium/JV and in accordance with the terms and conditions of the RFQ document and other bid documents in respect of the Works, and

(C) It is a necessary condition under the RFQ document that the members of the Consortium/JV shall enter into a Joint Bidding Agreement and furnish a copy thereof with the Application.

10

A Bidder who is registered abroad may substitute the words,viz “a company registered under

the Companies Act, 1956/2013” by the words, viz “a company duly organised and validly existing

under the laws of the jurisdiction of its incorporation”.




APPENDIX-IV Page 2

NOW IT IS HEREBY AGREED as follows:

1. Definitions and Interpretations

In this Agreement, the capitalised terms shall, unless the context otherwise requires, have the meaning ascribed thereto under the RFQ.

2. Consortium/JV

2.1 The Parties do hereby irrevocably constitute a consortium/joint venture (the “Consortium/JV”) for the purposes of jointly participating in the Bidding Process for the Works.

2.2 The Parties hereby undertake to participate in the Bidding Process only through this Consortium/JV and not individually and/ or through any other consortium constituted for this Works, either directly or indirectly or through any of their associates.

3. Covenants

The Parties hereby undertake that in the event the Consortium/JV is declared the selected Bidder and awarded the Contract, it shall register under the Indian Companies Act, 1956/2013 for entering into a Contract Agreement with the Employer and for performing all its obligations as the Contractor in terms of the Contract Agreement for the Works.

4. Role of the Parties

The Parties hereby undertake to perform the roles and responsibilities as described below:

a) Party of the First Part shall be the Lead member of the Consortium/JV and shall have the power of attorney from all Parties for conducting all business for and on behalf of the Consortium/JV during the Bidding Process and until the Contract Agreement is entered into with the Employer; Party of the First Part shall be the ……………..

b) Party of the Second Part shall be the………………………………………………….; and

c) Party of the Third Part shall be the …………… ………………………………………

5. Joint and Several Liability

The Parties do hereby undertake to be jointly and severally responsible for all obligations and liabilities relating to the Works and in accordance with the terms of the RFQ, RFP and the Contract Agreement.




APPENDIX-IV Page 3

6. Percentage Participation in the Consortium/JV

6.1 The Parties agree that the proportion of percentage participation in works among the Parties in the Consortium/JV shall be as follows:

First Party (Lead Member): [should have at-least 51% percentage participation]

Second Party:

Third Party:

6.2 The Parties undertake that they shall collectively hold 100% (hundred percent) of the percentage participation of the Consortium/JV at all times until the Defects Liability Period (DLP) of the Works.

7. Representation of the Parties

Each Party represents to the other Parties as of the date of this Agreement that:

a) Such Party is duly organised, validly existing and in good standing under the laws of its incorporation and has all requisite power and authority to enter into this Agreement;

b) The execution, delivery and performance by such Party of this Agreement has been authorised by all necessary and appropriate corporate or governmental action and a copy of the extract of the charter documents and board resolution/ power of attorney in favour of the person executing this Agreement for the delegation of power and authority to execute this Agreement on behalf of the Consortium/JV Member is annexed to this Agreement, and will not, to the best of its knowledge:

(i) require any consent or approval not already obtained;

(ii) violate any Applicable Law presently in effect and having applicability to it;

(iii) violate the memorandum and articles of association, by-laws or other applicable organisational documents thereof;

(iv) violate any clearance, permit, concession, grant, license or other governmental authorisation, approval, judgement, order or decree or any mortgage agreement, indenture or any other instrument to which such Party is a party or by which such Party or any of its properties or assets are bound or that is otherwise applicable to such Party; or

(v) create or impose any liens, mortgages, pledges, claims, security interests, charges or encumbrances or obligations to create a lien, charge, pledge, security interest, encumbrances or mortgage in or on the property of such Party, except for encumbrances that would not, individually or in the aggregate, have a material adverse effect on the financial condition or prospects or business of such Party so as to prevent such Party from fulfilling its obligations under this Agreement;




APPENDIX-IV Page 4

c) this Agreement is the legal and binding obligation of such Party, enforceable in accordance with its terms against it; and

d) there is no litigation pending or, to the best of such Party's knowledge, threatened to which it or any of its associates is a party that presently affects or which would have a material adverse effect on the financial condition or prospects or business of such Party in the fulfilment of its obligations under this Agreement.

8. Termination

This Agreement shall be effective from the date hereof and shall continue in full force and

effect until the Defects Liability Period (DLP) of the Works is achieved under and in

accordance with the Contract Agreement, in case the Contract is awarded to the

Consortium/JV. However, in case the Consortium/JV is either not pre-qualified for the Works

or does not get selected for award of the Contract, the Agreement will stand terminated in

case the Applicant is not pre-qualified or upon return of the Bid Security by the Employer to

the Bidder, as the case may be.




APPENDIX-IV Page 5

9. Miscellaneous

9.1 This Joint Bidding Agreement shall be governed by laws of India.

9.2 The Parties acknowledge and accept that this Agreement shall not be amended by the Parties without the prior written consent of the Employer.

IN WITNESS WHEREOF THE PARTIES ABOVE NAMED HAVE EXECUTED AND DELIVERED THIS AGREEMENT AS OF THE DATE FIRST ABOVE WRITTEN.

SIGNED, SEALED AND DELIVERED SIGNED, SEALED AND DELIVERED

For and on behalf of

LEAD MEMBER by: SECOND PART

(Signature) (Signature)

(Name) (Name)

(Designation) (Designation)

(Address) (Address)

SIGNED, SEALED AND DELIVERED

For and on behalf of

THIRD PART

(Signature)

(Name)

(Designation)

(Address)

In the presence of:

1. 2.




APPENDIX-IV Page 6

Notes:

1. The mode of the execution of the Joint Bidding Agreement 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.

2. Each Joint Bidding Agreement should attach a copy of the extract of the charter documents and documents such as resolution / power of attorney in favour of the person executing this Agreement for the delegation of power and Employer to execute this Agreement on behalf of the Consortium Member.

3. For a Joint Bidding Agreement executed and issued overseas, the document shall be legalised by the Indian Embassy and notarized in the jurisdiction where the Power of Attorney has been executed.




APPENDIX-V

FORMAT FOR APPLYING FOR SITE VISIT TO IHQ MoD (NAVY)/ NAVAL BASE KARWAR

1. Name:

2. Occupation:

3. Sex:

4. Firm’s Name:

5. Date of Birth:

6. Nationality:

7. Parent’s Name:

8. Present Address:

9. Permanent Address:

10. Addresses in India:

11. Passport No.:

(a) Place of Issue Date of Issue

(b) Issuing Authority Valid up to

12. Whether previously visited in IN Ships/ Establishments:

Place Date of Visits Purpose

13. Proposed date(s) of visit:

14. Purpose of visit

15. Mobile No.

Note: In case of foreign nationals, scanned copy of valid passport is required to be attached and for

Indian nationals, scanned copy of government issued valid Photo ID proof is required to be attached.