pre-qualification document (pq) · following work andhra pradesh industrial infrastructure...

Pre-qualification Document (PQ)

for

Design, Supply, Construct, Erect, Test, Commission,Operate and Maintain 1.5 MLD Common Effluent

Treatment Plant and Guard Pond in APIIC /APSEZ,Visakhapatnam, Andhra Pradesh

September 2014

Andhra Pradesh Industrial Infrastructure CorporationLimited

Chief EngineerAndhra Pradesh Industrial Infrastructure Corporation LimitedParisrama Bhavanam, 4th Floor,5-9-58/B, Fateh Maidan Road

Basheer Bagh, Hyderabad – 500 004Website : www.apiic.in, email :[email protected], [email protected]


for



September 2014





for



September 2014




Design, Supply, Construct, Erect, Test, Commission, Operate and Maintain 1.5MLD CETP and Guard Pond in APIIC /APSEZ, -Pre-qualification Document

1

Contents1. PREQUALIFICATION NOTICE..................................................................................................2

2. INTRODUCTION ..........................................................................................................................3

3. INSTRUCTIONS TO THE APPLICANT....................................................................................5

4. PREQUALIFICATION CRITERIA ..............................................................................................7

5. EVALUATION CRITERIA..........................................................................................................11

Form 1..................................................................................................................................................13

Form 2..................................................................................................................................................15

Form 3..................................................................................................................................................17

Form 4..................................................................................................................................................19

Form 5..................................................................................................................................................20

Form 6..................................................................................................................................................21

Form 7..................................................................................................................................................22

Form 8..................................................................................................................................................23


2

1. PREQUALIFICATION NOTICE

Andhra Pradesh Industrial Infrastructure Corporation Limited.(An undertaking Govt. of A.P.)

O/o. Chief Engineer, 4th Floor, Parisrama Bhavanam, Basheerbagh,Hyderabad – 500 004.

Tender Notice No. 11 /CE/APIIC/2014-15 Dt:23.09.2014

CHIEF ENGINEER,APIIC Ltd., Hyderabad invites Prequalification Bids for thefollowing work

Andhra Pradesh Industrial Infrastructure Corporation Limited (APIIC) is planning to setupCommon Effluent Treatment Plant (CETP) in APSEZ area, Visakhapatnam in variousphases. APIIC, as part of Phase I, intends to setup a 1.5 MLD CETP including GuardPond on EPC O&M mode comprising of Design, Supply, Construct, Erect, Test,Commission, Operate and Maintain for a period of 5 years.

APIIC invites reputed/ leading construction agencies/ Consortiums, registered with theState Government/ Central Government Departments, Registered with Provident FundOrganisation, who have experience in the construction of similar works and who satisfythe following eligibility criteria to submit Application for Prequalification.

The Pre Qualification document can be downloaded from www.apiic.in from 23rdSeptember2014.

Application for Prequalification should be submitted on or before by 3.00 PM on 07th

October 2014.

For all other details visit www.apiic.in

CHIEF ENGINEER,APIIC,HYDERABAD

Pre Qualification Tender Notice


3

2. INTRODUCTION

2.1. Project & Procedure

Andhra Pradesh Industrial Infrastructure Corporation (APIIC) is planning to setupCommon Effluent Treatment Plant (CETP) in their Andhra Pradesh Special EconomicZone (APSEZ) area, Visakhapatnam in various phases. The total industrial area beingdeveloped by APIIC in APSEZ is 5,595 acres. Out this about 3,313.47 acres ofindustrial area is being development as Multi-product SEZ format and rest area in Non-SEZ format. APSEZ is proposed to house industries from engineering, fine andspecialty chemicals and ancillary petrochemical industrial sectors. The Non-SEZ areais proposed to house chemical and petrochemical industries.

To treat the waste water comprehensively from the industrial units of APSEZ, threeCETPs are proposed as ultimate waste water disposal plan. One CETP is proposedfor Engineering sector industries, one for chemical sector industries and one for petro-chemical industries. The treated wastewater from CETP of APSEZ is proposed to bedisposed through a marine outfall into the Bay of Bengal, which is approximately 3 Kmfrom APSEZ and Non-SEZ. Construction of Marine outfall is under progress.

As part of the APSEZ development, chemical industries are proposed to beestablished in three zones. Till date approximately 30% of the planned area is allottedto industries. APIIC intends to develop the CETPs in a phased manner and as PhaseI, is planning to setup a 1.5 MLD CETP including Guard Pond for Chemical Industries(“Project”) through an Engineering, Procurement Construction, Operation andMaintenance (“EPCO&M”) Contract.

The broad scope of work includes design for all Civil, Mechanical, Electrical units,process design, programme schedule including supply of all Civil, MechanicalElectrical, Piping related items, Erection, Testing ,Commissioning including Operationand Maintenance for a period of 5 years.

2.2. APIIC intends to select the contractor in two stages, Stage I – Prequalification (PQ)and Stage II – Request for Proposal (RFP). The Qualified applicants, as per thisPrequalification Document will be invited for submitting their Request for Proposal/Financial Bids where the Project will be awarded on the basis of the lowest costrequired by an Applicant for implementing, operate and maintain the Project for thestipulated duration.

2.3. The Application for Prequalification (PQ) is hereby invited from reputed/ leadingconstruction agencies having special class registration in civil with Government ofAndhra Pradesh (GoAP) or any other states of India or CentralGovernment/undertaking and who satisfy the eligibility criteria as specified in this PQdocument. Any international agency having its registered office in India can alsoparticipate in this PQ.

2.4. The Application or PQ shall be in the prescribed format defined in the PQ documentuploaded on the web site www.apiic.in with effect from 23/09/2014.

2.5. The applicant shall pay along with the Application for PQ, a non refundable processingfee of Rs10,000/- in the form of a demand draft, drawn from a nationalised bank infavour of APIIC, payable at Hyderabad.


4

2.6. The Application for PQ shall be submitted in sealed cover either in person or bypost/courier in the office of the Chief Engineer, Andhra Pradesh IndustrialInfrastructure Corporation Limited (APIIC) Parisrama Bhavanam, 4th Floor, FatehMaidan Road, Basheer Bagh, Hyderabad – 500 004 on or before 3 PM on 07.10.2014

2.7. In case of submission of the Application for PQ, the risk of either loss or delay in transitof the same is to be entirely borne by the Applicant.

2.8. The Employer will not consider Application for PQ received by him after the expiry ofthe date and time fixed for receipt

2.9. Shortlisted applicants will be intimated accordingly.

2.10. APIIC reserves the right to reject one or all the application received without assigningany reasons whatsoever. No correspondence will be entertained from the applicantswhose applications are rejected during the evaluation process.


5

3. INSTRUCTIONS TO THE APPLICANT

3.1. General

3.1.1. No Applicant shall place more than one PQ for the Project. An Applicantsubmitting individually or as a member of a Consortium shall not be entitled tosubmit another PQ either individually or as a member of any Consortium, as thecase may be.

3.1.2. The Applicant should submit a Power of Attorney as per the format at Form 2authorizing the signatory of the BID to commit on behalf of the Bidder.

3.1.3. In case the Applicant is a Consortium, the Members thereof should furnish aPower of Attorney in favour of the Lead Member as per the defined format asgiven in Form 3. A Memorandum of Understanding (MoU) stating the consortiumdetails along with the scope split and responsibilities for each member shall besubmitted

3.1.4. Non adherence of any condition or qualification or any other stipulation containedin the PQ document shall result in rejection as a non-responsive Application.

3.1.5. All correspondence and documents related to the Application for PQ shall bewritten in the English language.

3.1.6. The document including this PQ and all attached documents, provided by theEmployer are and shall remain or becomes the property of the Employer and aretransmitted to the Applicants solely for the purpose of preparation and thesubmission of Application for in accordance herewith.

3.1.7. The Applicant shall not have a conflict of interest that affects the PQ Process. Anyapplicant found to have a Conflict of Interest (the “Conflict of Interest”) shall bedisqualified as the case may be. The Applicant shall be deemed to have a Conflictof Interest affecting the PQ Process, if:

(i) The Applicant, its Consortium Member (or any constituent thereof) and anyother Applicant , its Member or any Member of its Consortium thereof (or anyconstituent Thereof) have common controlling shareholders or otherownership interest; provided that this disqualification shall not apply in caseswhere the direct or indirect shareholding of a Applicant, or its ConsortiumMember thereof (or any shareholder thereof having a shareholding of morethan 5% (five percent) of the paid up and subscribed share capital of suchBidder, or its Consortium Member, as the case may be), in the otherApplicant, its Consortium Member is less than 5% (five percent) of thesubscribed and paid up equity share capital thereof; provided further that thisdisqualification shall not apply to any ownership by a bank, insurancecompany, pension fund or a public financial institution referred to in section4A of the Companies Act 1956. For the purposes of this Clause 3.1.7, indirectshareholding held through one or more intermediate persons shall becomputed as follows: (aa) where any intermediary is controlled by a personthrough management control or otherwise, the entire shareholding held bysuch controlled intermediary in any other person (the “Subject Person”) shallbe taken into account for computing the shareholding of such controllingperson in the Subject Person; and (bb) subject always to sub-clause (aa)above, where a person does not exercise control over an intermediary, which


6

has shareholding in the Subject Person, the computation of indirectshareholding of such person in the Subject Person shall be undertaken on aproportionate basis; provided, however, that no such shareholding shall bereckoned under this sub-clause (bb) if the shareholding of such person in theintermediary is less than 26% of the subscribed and paid up equityshareholding of such intermediary; or

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

(iii) Such Applicant, or any of its Consortium Member thereof receives or hasreceived any direct or indirect subsidy, grant, concessional loan orsubordinated debt from any other Applicant, or any of its Consortium Memberthereof or has provided any such subsidy, grant, concessional loan orsubordinated debt to any other Applicant, its Member or any of its ConsortiumMember thereof; or

(iv) Such Applicant has the same legal representative for purposes of thisApplication as other Applicant; or

(v) Such Applicant, or any of its Consortium Member thereof has a relationshipwith another Applicant, or any of its Consortium Member thereof, directly orthrough common third party/ parties, that puts either or both of them in aposition to have access to each others’ information about, or to influence theApplication of either or each other; or

(vi) Such Applicant or any of its Consortium Member thereof has participated as aconsultant to the Employer in the preparation of any documents, design ortechnical specifications of the Project.

3.1.8. The Applicant shall be liable for disqualification, if any legal, financial or technicaladviser of the Employer in relation to the Project is engaged by the Applicant, itsMember or any Associate thereof, as the case may be, in any manner for mattersrelated to or incidental to such Project during the PQ Process or subsequent to the(i) issue of RFP (ii) issue of the LOA or (ii) execution of the Agreement.

3.1.9. Notwithstanding anything to the contrary contained in this PQ document, thedetailed terms specified in the RFP and the draft Agreement shall have overridingeffect; provided, however, that any conditions or obligations imposed on theApplicant hereunder shall continue to have effect in addition to its obligationsunder the Agreement.

3.2. Confidentiality

3.2.1. Information relating to the evaluation of applications shall not be disclosed to

3.2.2. Applicants or any other persons not officially concerned with such process untilinformation on the outcome of Prequalification is communicated to the Applicants.Any attempt by an applicant to influence the Client in the evaluation of theapplications decisions may result in the rejection of its application.

3.2.3. Notwithstanding the above, from Application Opening time, when information onthe outcome of Prequalification is communicated to the applicants, if an applicantwishes to contact the Client on any matter related to the prequalification process, itshould do so in writing.


7

4. PREQUALIFICATION CRITERIA

4.1. Eligibility of Applicant

4.1.1. For determining the eligibility of Applicant for their qualification hereunder, thefollowing shall apply:

a) The Applicant for qualification may be a single entity or a group of entities (the“Consortium”), coming together to implement the Project. However, no Applicantapplying individually or as a member of a Consortium, as the case may be, canbe member of another Applicant. The term Applicant used herein would apply toboth a single entity and a Consortium.

b) The Applicant may be a company incorporated under the Indian Companies Act,1956 or a combination of companies with a formal intent to enter into aConsortium agreement or under an existing agreement to form a Consortium. AConsortium shall be eligible for consideration subject to the conditions set out inClause 4.2 below.

c) The Applicant shall not have a conflict of interest as mentioned in clause 3.1.7that affects the Bidding Process. Any Applicant found to have a Conflict ofInterest shall be disqualified.

d) The Applicant shall be liable for disqualification if any legal, financial or technicaladviser of the Employer in relation to the Project is engaged by the Applicant, orany of its Members, as the case may be, in any manner for matters related to orincidental to the Project.

4.2. Prequalification Criteria

4.2.1. Technical Capacity: For demonstrating technical capacity and experience (the“Technical Capacity”), the Applicant shall, over the past 5 (five) financial yearspreceding the PQ submission due date,

Should have designed and constructed, at least Two Effluent TreatmentPlants/ Common Effluent treatment plant for Chemical/ Bulk Drug Industrieseach having a capacity of not less than 1.5 MLD located within a IndustrialPark/ Industrial estate/ SEZs

Should have operated and maintained Effluent Treatment Plants/ CommonEffluent treatment plant for Chemical/ Bulk Drug Industries having a capacityof not less than 1.5 MLD located within a Industrial Park/ Industrial estate/SEZs for a minimum period of 5 years either in single or multiple projects notless than 2 years

4.2.2. Financial Capacity: The Applicant shall have the minimum financial capability asgiven below; Each Applicant in its name should have in the last five years (from 2009-10 to

2013-14) achieved minimum annual turnover of Rs 25 Crores. Minimum Net Worth (the “Financial Capacity”) of Rs 12.5 Crores at the close

of the preceding financial year Minimum Cash accrual of Rs 10 Crores in the preceding financial year


8

Firm should not have reported any loss during the last five financial years

4.2.3. The Applicant will be required to provide completion certificate and other copies ofthe relevant documents in support of the Technical Capacity. In case of projectexecuted for Government entities, the completion certificates signed by ExecutiveEngineer and above shall be considered for Evaluation. Whereas for the projectsexecuted for private sector, Certificate issued by Senior Management shall beconsidered.

4.2.4. The Applicant will be required to provide Audited Balance sheet and other relevantdocuments in support of the Financial Capacity.

4.2.5. In case the PQ is a Consortium, it shall comply with the following additionalrequirements:

4.2.5.1. Number of members in a Consortium shall not exceed three (3); including the leadmember.

4.2.5.2. The Applicant should contain the information required for each member of theConsortium;

4.2.5.3. Members of the Consortium shall nominate one member as the Lead Member (the“Lead Member”). The lead member of the consortium shall meet 75% of theFinancial Criteria. The nomination of the Lead Member shall be supported by aPower of Attorney, as per the format at Form 3, signed by all the other members.

4.2.5.4. A member of a particular Consortium cannot be member of any other Consortiumapplying for project.

4.2.6. Any Applicant (including members in case of Consortium) which has been barredby the Central/ State Government, or any entity controlled by it, from participatingin any project, and the bar subsists as on the date of Application, would not beeligible to submit the PQ either individually or as member of a Consortium. TheApplicant shall provide an undertaking to that effect.

4.2.6.1. The Applicant including any Member should, in the last 3 (three) years, haveneither failed to perform on any contract, as evidenced by imposition of a penaltyby an arbitral or judicial Employer or a judicial pronouncement or arbitration awardagainst the Applicant or Member, as the case may be, nor has been expelled fromany project or contract by any public entity nor have had any contract terminatedby any public entity for breach by such Applicant or Member. The Applicant shallprovide an undertaking to that effect.

The Applicant including any Member may provide details of all their on-goingprojects along with stage of litigation, if so, against the Employer/ Governments.The Applicant including any member may also provide details of on-going processof blacklisting if so, under any contract with Employer/ Government. The Applicantshall provide an undertaking to that effect.

4.3. Submission of Application for PQ

4.3.1. All information requested in the PQ document including the enclosed forms shouldbe furnished. All Applicants are cautioned that incomplete information in the pre-qualification document or any change(s) made in the prescribed forms will renderapplication to be treated as non-responsive. The information regarding pre-


9

qualification, if appended separately from the document, shall be typed on theapplicant’s letterhead. Any over writing or corrections should be attested. Allpages of prequalification information shall be numbered and should be submittedas a package duly signed.

4.3.2. The Application for PQ must be submitted in sealed cover superscribed as“Application for Pre Qualification Document for Design, Supply, Construct,Erect, Test, Commission, Operate and Maintain 1.5 MLD common effluenttreatment plant and guard pond “to the Chief Engineer, APIIC latest by07/10/2014. upto 3.00 PM.

4.3.3. The PQ Document shall contain the Non Refundable Processing Fee as referredin clause 2.5.

4.3.4. The documents received late on account of any reason what so ever shall not beentertained

4.3.5. The applicants are advised to go through the document carefully and furnish therequired details duly supported by documentary evidence, which must be selfattested as well as attested by gazetted officer as their eligibility for this PQ will bedecided on the strength of the information / documents submitted by them.

4.3.6. This PQ containing technical information regarding eligibility for pre qualification asenumerated in general instructions to the applicants shall be provided in theprescribed Forms 1 to 8. The particulars furnished in the forms should besupported by certificates signed by officers not below the rank of ExecutiveEngineer and countersigned by the officer not below the rank of SuperintendingEngineer. The certificates should be translated into English and attested if issuedin some other Indian languages.

4.3.7. The following certificates, documents, etc. are to be enclosed to the Application forPQI. Copy of contractor’s registration certificate under special class in civil with

Government of Andhra Pradesh (GoAP)/ any other state/Government ofIndia (GoI).

II. Copy of valid provident Fund Registration/

III. Copy of Valid Sales Tax Registration (TIN No)

IV. Copy of IT Clearance certificate including PAN Card

V. Copies of original documents defining the constitution or legal status, placeor registration and principal place of business of the Company or firm orpartnership or if Consortium of each party thereto constituting the bidder.

VI. Consortium MoU (Form 3) along with Power of Attorney (PoA) (Signed byeach member - Form 2) authorizing the lead member to sign the bid

VII. The details of similar work(s) executed as prime contractor (in the samename during the last five financial years in Form 5 duly supported withwork done certificates work wise.

VIII. Annual Reports with audited balance sheets for the last five years. TheAnnual turnover, profit and net worth shall be certified by the bidder’sstatutory Auditor.


10

IX. Undertaking stating the Litigation History, non performance of works,barring from Central / State government agencies

X. Proof of liquid assets in the shape of solvency certificate not more thanpreceding year.

In case of Consortium, all the members have to submit the requiredinformation indicated above (Except the item I, which has to be met by LeadMember).

4.3.8. The information given in the Application for PQ will be evaluated carefully as pernorms / criteria given herewith.

4.3.9. Application for PQ without the Non Refundable Processing Fee shall be summarilyrejected

4.3.10. The Executive Director, APIIC is the competent authority to accept or reject thePQ submitted by the Applicant

4.3.11. The applicants who qualify as per the norms specified in the PQ document shallbe issued the Request for Proposal (RFP) for submitting Technical and FinancialBid.

4.3.12. Attestation: All documents, certificates, other related papers shall be signed by theApplicant/ firm/ company or duly authorized person holding Power of Attorney. Acertified copy of Power of Attorney shall be enclosed.

4.4. Change in ownership

By submitting the Application for PQ the Applicant shall be deemed to haveacknowledged and agreed that in the event of a change in control of a ConsortiumMembers who’s Technical Capacity and/ or Financial Capacity was taken intoconsideration, the Applicant shall be deemed to have knowledge of the same andshall be required to inform the Employer forthwith along with all relevantparticulars about the same and the Employer may, in its sole discretion, disqualifythe Applicant or withdraw the LoA from the Selected Bidder, as the case may be.In the event such change in control occurs after signing of the agreement, it would,not withstanding anything to the contrary contained in the Agreement, be deemedto be a breach of the Agreement, and the same shall be liable to be terminatedwithout the Employer being liable in any manner whatsoever to the Bidder. In suchan event, notwithstanding anything to the contrary contained in the Agreement, theEmployer shall be entitled to forfeit and appropriate the BID Security orPerformance Security, as the case may be, as Damages, without prejudice to anyother right or remedy that may be available to the Employer under the BiddingDocuments and/or the Agreement or otherwise.


11

5. EVALUATION CRITERIA

5.1. PQ documents fulfilling the minimum eligibility requirement as stipulated in 4.2.1and 4.2.2 alone will be considered for the qualifying process.

5.2. The PQ documents will be evaluated based on the Technical Capacity andFinancial Capacity.

5.3. The Technical Capacity evaluation will be carried out in a 50 mark scale.

5.3.1. The Applicants whose Technical Capacity complies with the stipulatedminimum requirement will get 20 marks .In case of consortium, combinedexperience of construction and operation and maintenance would beconsidered as a single eligible project for awarding the marks.

5.3.2. For the project to be eligible for award of additional marks beyond theminimum eligibility, it should have completed the civil works of minimum 1.5MLD capacity and minimum two years of Operation and Maintenance will fetch5 marks each with an upper ceiling of 30 marks.

5.4. In case of applicants who are having longer period of operation and maintenanceexperience in a single eligible project, then for the purpose of evaluation the numberof years beyond the minimum eligibility criteria will be considered for award ofadditional marks.

5.5. The financial Capacity of the Applicant will be carried out in a 50 Marks scale.

5.5.1. The Financial Capacity shall be assessed for

The Applicant whose Net worth complies with the stipulated minimumrequirements will get 10 marks. Additional Net worth beyond the stipulatedrequirement shall be provided 2 marks each for every increase in Rs 5 Croreswith an upper ceiling of 10 marks.

The Applicant who meets the stipulated minimum requirement of Turnover willget 10 Marks. Additional turnover beyond the stipulated requirement shall beawarded 2 marks for every increase in Rs 5 Crores with an upper ceiling of 10Marks.

The Applicant who meets the stipulated minimum requirement Cash accrualwill get 5 marks. Additional cash accruals beyond the minimum limit for everyincrease in 5 crores will earn an additional mark of 3 marks with an upperceiling of 5 marks.

5.6. The employer will consider only the top five who score the highest marks inthe qualifying exercise.

5.7. Request for Proposal shall be issued to the qualified Applicants only.


12

Checklist of Documents to be submitted along with Application for PQ

S.No. Description Submit-

ted

Page No.(see Notebelow)

1. Covering Letter Accompanying the PQ

2. Non Refundable Processing Fee Yes / No

3. Particulars of the Applicant. In case of case of Consortium, particulars of all themembers to be provided. Following documents to be enclosed ;

Copy of Company Registration Certificate including Memorandum of Articlesof Association

Copy of Contractor’s valid Registration Certificate under appropriate Classwith State/Central Government departments

Copy of valid Provident Fund registration certificate Copy of latest IT returns filed along with copy of PAN card Copy of Registration under AP VAT act 2005 (TIN)

Yes / No

4. Power of Attorney of the Authorised Person signing the PQ document (as perForm 2)

Yes / No

5. Consortium MoU entered by the Consortium Members Yes / No

6. Copy of Power of Attorney authorising the Lead Member of the Consortium tosubmit the PQ (Form 3)

Yes / No

7. Financial Capacity of the Applicant along with relevant documents as per Form 4 Yes / No

8. Details of Similar works carried out in Last 5 years as per Form 5

9. Details of works under implementation as per Form 6

10. Details of Machinery and Equipments available with the Applicant as per Form 7

11. Qualification and Experience of Manpower and their availability for the project asper Form 8

Yes / No

12. Letter of Undertaking stating the Litigation History, Non completion of works forany Central/ State Governments, Blacklisting, Debarring etc

Yes / No

13. Additional Information if any Yes/No

Notes:-

1. All the statements, copies of the certificates, documents etc., shall be given page numbers on the rightcorner of each certificate, which will be indicated in last column against each item. The statements furnishedshall be in the formats appended to the Bid document.

2. The information shall be filled-in by the Applicant in the checklist for the purposes of verification as well asevaluation of the Applicants compliance to the qualification criteria as provided in the PQ Document.

3. In case if the Applicant is a Consortium, then each member of the consortium should submit the requireddetails required.

(Signature)


13

Form 1

Letter Accompanying the Application for PQDated:

To,

Chief EngineerAndhra Pradesh Industrial Infrastructure Corporation LimitedParisrama Bhavanam, 4th Floor5-9-58/B, Fateh Maidan RoadBasheer Bagh, Hyderabad – 500 004

Dear Sir,

Sub: Design, Supply, Construct, Erect, Test, Commission, Operate and Maintain 1.5 MLDCommon Effluent Treatment Plant and Guard Pond in APIIC /APSEZ, Vishakhapatnam,Andhra Pradesh – Submission of Application for Pre Qualification

With reference to your Pre Qualification Tender Notice dated 23.09.2014, I/we, haveexamined the Document and understood their contents, hereby submit my/our Applicationfor Prequalification for the purpose of shortlisting for the subject works.

1. I/ We acknowledge that the Employer will be relying on the information provided in theApplication for Prequalification for the aforesaid Project, and we certify that allinformation provided therein is true and correct; nothing has been omitted which renderssuch information misleading; and all documents accompanying the Application are truecopies of their respective originals.

2. I/ We shall make available to the Employer any additional information it may findnecessary or require to supplement or authenticate the Application for Prequalification

3. I/ We acknowledge the right of the Employer to reject our Application for PQ withoutassigning any reason or otherwise and hereby waive, to the fullest extent permitted byapplicable law, our right to challenge the same on any account whatsoever.

4. I/ We certify that in the last three years, we/ any of the Consortium partners have neitherfailed to perform on any contract, as evidenced by imposition of a penalty by an arbitralor judicial Employer or a judicial pronouncement or arbitration award, nor been expelledfrom any project or contract by any public Employer nor have had any contractterminated by any public Employer for breach on our part.

5. I/ We declare that:a) I/ We have examined and have no reservations to the PQ Document, including any

Addendum issued by the Employer; andb) I/We do not have any conflict of interest in accordance with Clauses 3.1.7 of the PQ

document; andc) I/We have not directly or indirectly or through an agent engaged or indulged in any

corrupt practice, fraudulent practice, coercive practice, undesirable practice orrestrictive practice in respect of any tender or request for proposal issued by or any


14

Agreement entered into with the Employer or any other public sector enterprise orany government, Central or State; and

d) I/ We hereby certify that we have taken steps to ensure that no person acting for usor on our behalf has engaged or will engage in any corrupt practice, fraudulentpractice, coercive practice, undesirable practice or restrictive practice; and

6. I/ We understand that you may cancel the Prequalification Process at any time and thatyou are neither bound to accept any PQ that you may receive without incurring anyliability to the Applicants.

7. I/We believe that we/our Consortium satisfy(s) the Technical and Financial Capacitycriteria and meet(s) the requirements as specified in the PQ document. We declare thatwe/ any Member of the Consortium or our/Consortium member are not a Member of anyother Consortium submitting a Application for the Project.

8. I/ We certify that in regard to matters other than security and integrity of the country, we/any Member of the Consortium or any of our/their Consortium member have not beenconvicted by a Court of Law or indicted or adverse orders passed by a regulatoryEmployer which could cast a doubt on our ability to undertake the Project or whichrelates to a grave offence that outrages the moral sense of the community.

9. I/ We further certify that in regard to matters relating to security and integrity of thecountry, we/ any Member of the Consortium or any of our/their Consortium membershave not been charge-sheeted by any agency of the Government or convicted by aCourt of Law.

10. I/ We further certify that no investigation by a regulatory Employer is pending eitheragainst us/any member of Consortium or against our CEO or any of our directors/managers/ employees.

11. I/ We undertake that in case due to any change in facts or circumstances during thePrequalification Process, we are attracted by the provisions of disqualification in terms ofthe guidelines referred to above, we shall intimate the Employer of the sameimmediately.

12. I/ We offer a Non Refundable Processing Fee of Rs. 10000 (Rupees Ten thousand only)to the Employer in accordance with the PQ Document.

13. I/ We agree and understand that the Pre qualification is subject to the provisions of thePQ Document. In no case, I/we shall have any claim or right of whatsoever nature if weare not shortlisted/ our PQ is not opened or rejected.

14. I agree and undertake to abide by all the terms and conditions of the PQ document.I/We, the Consortium agree and undertake to be jointly and severally liable for all theobligations (As may be applicable)

Yours faithfully,

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

Place: Name and seal of Application /Lead Member


15

Form 2

Format for Power of Attorney for signing of

Application for Pre Qualification

Know all men by these presents, We…………………………………………….. (name of thefirm and address of the registered office) do hereby irrevocably constitute, nominate, appointand authorise Mr/ Ms (name), …………………… son/daughter/wife of……………………………… and presently residing at …………………., who is presentlyemployed with us/ the Lead Member of our Consortium 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 arenecessary or required in connection with or incidental to submission of our Application forPrequalification for the Design, Supply, Construct, Erect, Test, Commission, Operate andMaintain 1.5 MLD Common Effluent Treatment Plant and Guard Pond in APIIC /APSEZ,Vishakhapatnam, Andhra Pradesh on EPC O&M basis proposed or being developed by theAndhra Pradesh Industrial Infrastructure Corporation Limited (the “Employer”) including butnot limited to signing and submission of all applications, participate in meetings andproviding information/ responses to the Employer, representing us in all matters before theEmployer, signing and execution of all contracts including the agreement and undertakingsconsequent to acceptance of our Application and generally dealing with the Employer in allmatters in connection with or relating to or arising out of our Application for the said Project

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

IN WITNESS WHEREOF WE, …………………………., THE ABOVE NAMED PRINCIPALHAVE EXECUTED THIS POWER OF ATTORNEY ON THIS ……… DAY OF …………. 201.

For .........................

(Signature, name, designation and address of person authorized by Board Resolution(in case of Firm/ Company)/ partner in case of Partnership firmWitnesses:

1.

2.

Accepted

……………………………


16

(Signature)

(Name, Title and Address of the Attorney)

(Notarised)Person identified by me/ personally appeared before me/Attested/ Authenticated*(*Notary to specify as applicable)(Signature Name and Address of the Notary)Seal of the NotaryRegistration No. of the NotaryDate:………………Notes:

The mode of execution of the Power of Attorney should be in accordance with theprocedure, if any, laid down by the applicable law and the charter documents of theexecutant(s) and when it is so required, the same should be under common seal affixedin accordance with the required procedure.

Wherever required, the Applicant should submit for verification the extract of the charterdocuments and documents such as a board or shareholders’ resolution/ power ofattorney in favour of the person executing this Power of Attorney for the delegation ofpower hereunder on behalf of the Applicant


17

Form 3

Format for Power of Attorney for Lead Member of Consortium

Whereas the Andhra Pradesh Industrial Infrastructure Corporation Limited (“the Employer”)has invited BIDs from bidders for the Design, Supply, Construct, Erect, Test, Commission,Operate and Maintain 1.5 MLD Common Effluent Treatment Plant and Guard Pond in APIIC/APSEZ, Vishakhapatnam, Andhra Pradesh on EPC O&M basis (the “Project”).

Whereas, …………………….., ………………… and …………………….. (collectively the“Consortium”) being Members of the Consortium are interested in bidding for the Project inaccordance with the terms and conditions of the Pre qualifying document and other BIDdocuments including agreement in respect of the Project, and

Whereas, it is necessary for the Members of the Consortium to designate one of them as theLead Member with all necessary power and Employer to do for and on behalf of theConsortium, all acts, deeds and things as may be necessary in connection with theConsortium’s BID for the Project 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 …………………….., andM/s…………………….. having our registered office at …………………….., (hereinaftercollectively referred to as the “Principals”) do hereby irrevocably designate, nominate,constitute, appoint and authorize M/s …………………….. having its registered office at…………………….., being one of the Members of the Consortium, as the Lead Member andtrue and lawful attorney of the Consortium (hereinafter referred to as the “Attorney”). Wehereby irrevocably authorize the Attorney (with power to sub-delegate) to conduct allbusiness for and on behalf of the Consortium and any one of us during the Pre Qualificationprocess and, in this regard, to do on our behalf and on behalf of the Consortium, all or any ofsuch acts, deeds or things as are necessary or required or incidental to the prequalificationof the Consortium, including but not limited to signing and submission of all applications,BIDs and other documents and writings, participate in meetings, respond to queries, submitinformation/ documents, sign and generally to represent the Consortium in all its dealingswith the Employer, in all matters in connection with or relating to or arising out of theConsortium’s Application.

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

IN WITNESS WHEREOF WE THE PRINCIPALS ABOVE NAMED HAVE EXECUTED THISPOWER OF ATTORNEY ON THIS …………………. DAY OF ………. 201…


18

For ……………………..

(Signature)

……………………..

(Name & Title)

For ……………………..

(Signature)

……………………..

(Name & Title)

For ……………………..

(Signature)

……………………..

(Name & Title)

(Executants)

(To be executed by all the Members of the Consortium)

Witnesses:

1.

2.

Notes:

The mode of execution of the Power of Attorney should be in accordance with theprocedure, if any, laid down by the applicable law and the charter documents of theexecutant(s) and when it is so required, the same should be under common seal affixedin accordance with the required procedure.

Also, wherever required, the Applicant should submit for verification the extract of the charterdocuments and documents such as a board or shareholders’ resolution/ power of attorney infavour of the person executing this Power of Attorney for the delegation of power hereunderon behalf of the Bidder.


19

Form 4

Financial CapabilityA. Name of the ApplicantB. Financial Information

of previous 5 years (inRs)

2008-09 2009-10 2010-11 2011-12 2012-13

C. Networth1

D. TurnoverE. Cash accruals2

Note: The above information shall be supported with a Certificate from the Statutory Auditors Copies of Financial Statement, Audited Balance Sheets should be provided In case the applicant is a Consortium/ JV, then the above information has to be

submitted for each of the partner

1 Net Worth shall mean (Subscribed and Paid-up Equity + Reserves) less (Revaluation reserves + miscellaneousexpenditure not written off + reserves not available for distribution to equity shareholders).

2 Net Cash Accruals shall mean Profit After Tax + Depreciation


20

Form 5

Details of Similar Projects Carried out in Last five years

SNo

ProjectName

Name oftheEmployer

Descriptionof theservicesprovided ,

Value ofContract

TotalPaymentReceived

Actualdate ofCompletion

EnvironmentalStandardsachieved.

LCA /LCCor anyothermethods

Note :

1. The above details shall be supported with a Certificate from Statutory Auditor.2. The Applicant should enclose completion certificates in support of the project

experience.3. Project Experience without Completion Certificates shall not be considered for

evaluation4. Completion Certificates issued by Executive Engineer and above shall be considered

for evaluation in case of projects executed for Government Entities5. In case of projects Executed for Private Sector, Certificates signed by the Officials

representing Senior Management Shall be considered


21

Form 6

Details of Work under Implementation Stage

SNo

Descriptionof Work

Place&State

Name oftheEmployer

ContractNo &Date

ContractValue

Stipulatedperiod ofcompletion

Value ofworks tobecompleted

Expectedperiod ofcompletion


22

Form 7

List of Machineries & Equipments

A. List of Machinery/ Equipments owned by the applicant

SNo

Type ofEquipments

Make/Model

NosOwned

Year ofProcurement

Presentcondition

PresentLocation

Availability forthe Project

Remarks


23

Form 8

Qualification and Experience of Manpower

SNo

Position Name Qualification Years of Experience(General)

Years of experience inthe proposed position

Notes:

Qualification and experience of man power available or deployment to be furnished underthe following heads:

a) Hydrological, topographic, geological and foundation investigationsb) Design and Construction drawingsc) Construction.d) Operation and Maintenance