1

Request for Proposal (RFP)

For

Selection of “CONTACTOR FOR PROVIDING

ILLUMINATED ADVERTISEMENT ON

BARGES AT BANDRA-WORLI SEAFACE”

under

“Swiss Challenge” Route

MARCH-2019

-: Floated by:-

Maharashtra Maritime Board, Indian Mercantile Chambers, 2nd floor,

14, Ramjibhai Kamani Marg, Ballard Estate, Mumbai- 400 001.

Tel: 022- 22657596/ 22662005, Fax: 022-2261 4331 email: headofficemmb@gmail.com, ceommb@gmail.com

2

CONTENT

Heading Particular Page No.

1 Bid Notice 6 to 7

2 Introduction 8 to 21

2.1 Background 8

2.2 Project 8

2.3 Scope of Work 9

2.4 Tenure of Contract 9

2.5 Payment of Fees & Security Deposit 9

2.6 Terms of Concession Agreement 10

2.7 Brief description of Bidding Process 10 to 11

2.8 General terms of Bidding 11 to 13

2.9 Composition of the Consortium 13 to 14

2.10 Cost of Bidding 14

2.11 Site visit and verification of information 14 to 15

2.12 Verification and Disqualification 15 to 16

2.13 Clarifications 16

2.14 Amendment of RFP 16 to 17

2.15 Format and Signing of Bid 17

2.16 Uploading of Bids 18 to 19

2.17 Bid Submission Closing Date 19

2.18 Late Bids 20

2.19 Contents of Bid 20

2.20 Modifications/ Substitution/ Withdrawal of Bids 20

2.21 Rejection of Bids 20

2.22 Validity of Bids 20

2.23 Confidentiality 20

2.24 Correspondence with the Bidder 21

3

2.25 EMD/Bid Security 21

3 EVALUATION OF BIDS 22 to 23

3.1 Opening and Evaluation of Bids 22

3.2 Tests of responsiveness 22

3.3 Selection of Bidder 22 to 23

4 Fraud and Corrupt Practices 24 to 25

5 PRE-BID CONFERENCE 26

6 Miscellaneous 27

Appendix I Annexure A – Letter for Bid 28 to 30

Annexure B - Details of Bidder 31 to 32

Annexure C - Statement of Legal Capacity 33

Annexure D - Concept Plan 34

Appendix II Power of Attorney for Signing of Bid 35 to 36

Appendix III Power of Attorney for Lead Member of Consortium 37 to 38

Appendix IV Joint Bidding Agreement (for Consortium) 39 to 44

Appendix V Anti-Collusion Certificate 45

Appendix VI Annexure A – Annual Average turnover 46

Annexure B – Net Worth Certificate 47

Appendix VII Format of Commercial Proposal 48

Appendix VIII Proposal submitted by the Original Project Proponent 49

4

Disclaimer

The information contained in this Request for Proposal document or subsequently provided

to Bidder(s), whether verbally or in documentary or any other form by or on behalf of the

Authority or any of their employees or advisors, is provided to Bidder(s) on the terms and

conditions set out in this RFP and such other terms and conditions subject to which such

information is provided.

This RFP is not an agreement and is neither an offer nor invitation by the Authority to the

prospective Bidders or any other person. The purpose of this RFP is to provide the Bidders

with information that may be useful to them in preparing and submitting their proposal

pursuant to the Bidding Documents including this RFP (the "Bid"). This RFP includes

statements, which reflect various assumptions and assessments arrived at by the Authority

in relation to the Project. Such assumptions, assessments and statements do not purport to

contain all the information that each Bidder may require. This RFP may not be appropriate

for all persons, and it is not possible for the Authority, its employees or advisors to consider

the investment objectives, financial situation and particular needs of each party who reads

or uses this RFP. The assumptions, assessments, statements and information contained in

the Bidding Documents may not be complete, accurate, adequate or correct. Each Bidder

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 RFP and obtain independent

advice from appropriate sources.

Information provided in this RFP to the Bidder(s) is on a wide range of matters, some of

which depends 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 Authority accepts no responsibility for the accuracy or

otherwise for any interpretation or opinion on law expressed herein.

The Authority, its employees and advisors make no representation or warranty and shall

have no liability to any person, including any 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 RFP or otherwise, including the accuracy, adequacy, correctness,

completeness or reliability of the RFP and any assessment, assumption, statement or

information contained therein or deemed to form part of this RFP or arising in any way by

participating in this Bidding Process.

The Authority also accepts no liability of any nature whether resulting from negligence or

otherwise howsoever caused arising from reliance of any Bidder upon the statements

contained in this RFP.

The Authority 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

RFP.

5

The issue of this RFP does not imply that the Authority is bound to select a Bidder or to

appoint the Successful Bidder or Concessionaire, as the case may be, for the Project and

the Authority reserves the right to reject all or any of the Bidders or Bids without assigning

any reason whatsoever.

The Bidder shall bear all its costs associated with or relating to the preparation and

submission of its Bid including but not limited to preparation, copying, postage, delivery

fees, expenses associated with any demonstrations or presentations which may be required

by the Authority or any other costs incurred in connection with or relating to its Bid. All such

costs and expenses will remain with the Bidder and the Authority shall not be liable in any

manner whatsoever for the same or for any other costs or other expenses incurred by a

Bidder in preparation or submission of the Bid, regardless of the conduct or outcome of the

Bidding Process.

6

1. BID NOTICE

Online Tenders (e-Tender) for the following work are invited by the Maharashtra Maritime Board

(MMB) on the Government of Maharashtra's Tender Information System Portal

http://mahatenders.gov.in as per the Schedule published on the Web portal from suitable agencies having required expertise. The details can be viewed online and downloaded directly from

Government of Maharashtra e-Tender portal http://mahatenders.gov.in from 06.03.2019 at 1500

Hrs. (IST) onwards.

Tender Reference No. MMB/Revenue-2/2019

Name of Work Selection of “CONTACTOR FOR PROVIDING ILLUMINATED ADVERTISEMENT

ON BARGES AT BANDRA WORLI SEAFACE” under “Swiss Challenge” Route

Cost of blank Tender

Document and Mode of

Payment

INR. 590/- (Rupees Five Hundred Ninety only) (Non-Refundable)

inclusive of GST (18%) to be paid through Net Banking, during

downloading of Tender Document

EMD Amount and Mode

of Payment

INR 30,000/- (Rupees Thirty Thousand only) to be paid through Net

Banking, during submission of Tender Document

Venue for opening of

Tender

Office of the Maharashtra Maritime Board at the above address

Contact person of MMB for

information related to

assignment

Capt. Sanjay Sharma

Chief Port Officer - MMB

Tel: 022-2261 1734, Fax: 022-2261 4331

email: cpommb@gmail.com

e-Tendering helpline 24X7 Help Desk Number- 0120-4200462,0120-4001002

Mobile No.88262 46593,

Email- support-eproc@gov.in

S.No. Activity Date Time (Hrs.)

1. Publishing Date 06.03.2019 1500

2. Document Download Start Date 06.03.2019 1500

3. Bid Submission Start Date 06.03.2019 1500

4. Seek Clarification Start Date 06.03.2019 1500

5. Pre-Bid Meeting Date 13.03.2019 1400

6. Seek Clarification End Date 13.03.2019 1700

7. Document Download End Date 22.03.2019 1700

8. Bid Submission Closing Date 22.03.2019 1700

9. Bid Opening Date 26.03.2019 1200

7

Note:

All eligible/ interested Bidders are required to be enrolled on portal

http://mahatenders.gov.in before downloading tender documents and

participate in e-tendering. Dates mentioned here are scheduled dates for Bid Opening Activities. Any

change in the date of opening of tenders shall be notified in "Corrigendum"

section on e­Tendering Portal before opening of the same.

The Chief Executive Officer, Maharashtra Maritime Board reserves right to

accept or reject any or all tenders without giving any reasons thereof.

The detailed tender notice is available on our website

https://mahammb.maharashtra.gov.in

8

2. INTRODUCTION

2.1 Background

Maharashtra is one of the largest states in India with a coastline of around 720 km. This

coastline is regulated and administered by the Maharashtra Maritime Board (MMB) (“The

Authority”). The Board is the nodal agency governing the regulatory framework of

Maharashtra's maritime industry. Over the years, the Board has taken a number of

initiatives to harness the potential of its coastline by development of Greenfield ports,

captive jetties, multipurpose jetties, inland water transport and shipyards etc.

The Authority is engaged in the development of maritime infrastructure in the state of

Maharashtra. In its endeavor, MMB has decided to grant permissions for putting up

Advertisements at the assets under jurisdiction of MMB along the coastline of

Maharashtra.

2.2 Project

M/s. ZEN DIGITAL MEDIA LLP (“The Original Project Proponent”) has submitted a

proposal for Illuminated Advertisement on Barges Plying along coastline at Bandra Worli

seaface, Mumbai.

As per the approval granted by Maharashtra Maritime Board, the Authority invites the

competitive bids from various interested contractors for advertisement project under

SWISS Challenge Route. The Authority has decided to carry out the bidding process for

selection of the Bidders for awarding the Project to the Project Entrepreneur.

Brief particulars of the Project are as follows:

Particulars Details

Name of the Project “ILLUMINATED ADVERTISEMENT ON BARGES,

PLYING AT BANDRA WORLI SEAFACE, MUMBAI

MAHARASHTRA” under Swiss Challenge

Location of the Project Site Plying area at Bandra Worli Sea face

Nature of the Project PPP Project on Swiss Challenge route

Type of Advertisement Illuminated advertisement on barge

Original Project Proponent ZEN DIGITAL MEDIA LLP

Minimum Guarantee Revenue As charges levied upon advertisement is per sq ft basis,

bidders to propose premium on minimum license rates as

per Annexure “D” of Advertisement Guidelines for

Maharashtra Coastline; which is INR 112.50 (for

illuminated) & INR 67.5 (for non-illuminated) per sq feet*

Minimum size of advertisement Minimum size of advertisement should be equal or more

than proposed by original proponent which is 65.61 ft x

16.40 ft

9

* As per Annexure “D” of Advertisement Guidelines, charges for illuminated

advertisement within above port limits is INR 150 per sq ft. for illuminated and

INR 90 per sq ft. Concession of 25% will be applicable as advertisement is in

water body.

2.3 Scope of Work

i) Advertisement to be fixed on barges of appropriate specification

ii) Barges to be plying in sea face between mentioned locations in project specifications

iii) Only Self-propelled barge should be used for plying purpose

iv) Barges should be built and registered in accordance with rules set by relevant authorities

v) All the applicable and required clearances / permits for plying barges in coast line for

advertisement purpose, to be ascertained and obtained by Project entrepreneur

vi) Berthing/de-berthing, anchoring and navigation of barges

vii) Deploy necessary facilities/equipment on board for safety of crew

viii) Deployment of staff, training as well as providing necessary facilities to crew

ix) Operations of barges should be strictly in accordance with rules defined by MMB

x) Vessels will operate along coast line of sea face & should not stray into shipping routes

at any point of time

xi) All the applicable and required clearances / permits for plying barges in coast line for

advertisement purpose, to be ascertained and obtained by Project Entrepreneur. Copy

of all clearances / permits obtained to be submitted to MMB

xii) Charges to be paid to MMB will be applicable basis size & type of advertisement as

mentioned in Advertisement Guidelines for Maharashtra Coastline

xiii) Any applicable charges to authority/ies other than advertisement, will be separately

payable by proponent

i) All the necessary infrastructure required for smooth and safe operation of vessel shall be

made available to Project Entrepreneur

2.4 Tenure of Contract

In accordance with the Advertisement Guidelines for Maharashtra Coastline, maximum

validity of the permission granted by the MMB for advertisement will be 3 years.

Subsequently, the proponent can apply for renewal of permission as mentioned in

clause 5 of Advertisement Guidelines for Maharashtra Coastline.

2.5 Payment of Fees & Security Deposit

Within 15 days after receipt of the permission, the selected agency shall pay to the

Authority through online payment mode:

a) An amount equivalent to the total fees payable (sum of Premium + Minimum License

Fees) for 3 (three) months as security deposit

b) Advance monthly total fees payable for the first month

Security deposit subject to be returned after 3 months of successful completion of

contractual engagement.

As per advertisement guidelines for Maharashtra Coastline, payment of agreed fees

payable per month to be paid in advance to the Authority within 7 days from end of every

month.

10

Any delay in the payment of monthly fees will attract interest at the rate of 18% on the

total amount due and payable.

2.6 Additional Terms

If a Concession Agreement has not been into with the Original Project Proponent, the

Project Entrepreneur should deposit the cost incurred by the Original Project Proponent

(against the original proofs of expenses with maximum limit of 10 Lakh rupees) towards

the preparation of the Project Proposal / the Feasibility Report, and the processing fee of

Rs. 50, 000/- plus applied GST paid by the Original Project Proponent to MMB and the

same shall be reimbursed to the Original Project Proponent.

The Authority shall sign the Concession Agreement with the Project Entrepreneur (“the

Concessionaire”) on obtaining the necessary permissions / clearances for the

commencement of the project and on furnishing the Security Deposit by the Successful

Bidder.

2.7 Brief description of Bidding Process

i) The Authority has adopted a two-step single-stage process (collectively referred to as

the Bidding Process) for selection of the Bidder for award of the Project. The first step

(the Qualification Stage) of the process involves qualification of interested parties/

Consortium. In second step, financial bids of the eligible bidders shall be opened and

compared by the authority.

ii) Prior to making a Bid, the Bidder shall pay to the Authority a sum of Rs. 590/- (Rs. Five

Hundred Ninety only) (non-refundable) i.e. 500/- + 90/- towards 18% GST as the cost of

the RFP document. The above-mentioned payment shall be done only through Net

Banking during the RFP/tender document download stage.

iii) The Bid shall be valid for a period of not less than 180 (one hundred and eighty) days

from the Bid Due Date.

iv) Bidders are invited to examine the Project in greater detail, and to carry out, at their cost,

such studies as may be required for submitting their respective Bids.

v) The Bidders are required to work out their own designs of barges for execution of the

Project. All Bidders have to submit their Concept Plan for the Project in accordance with

Annexure D of Appendix I.

vi) The bidder has to quote highest premium over and above minimum license fees

mentioned in Appendix “D” of Advertisement Guidelines for Maharashtra

Coastline. Bidder quoting highest revenue to MMB shall be nominated as the Most

Beneficial Bidder.

vii) As per Appendix “D” of Advertisement, charges are as per below:

For Port Limits of Bandra, Versova & Mandwa

Illuminated advertisement : INR 150 per Sq Ft

Non-Illuminated advertisement : INR 90 per Sq Ft

As project is for advertisement on barge in water body, concession of 25% will be

applicable on above rates.

11

viii) The commercial term of the Original Project Proponent would be compared with that of

the Most Beneficial Bidder. If the commercial terms of the Original Project Proponent are

not preferable to the commercial terms of the Most Beneficial Bidder, the Original Project

Proponent shall be given an opportunity to match or better his commercial terms with

that of the Most Beneficial Bidder within a period of 30 (thirty) days from the date on

which he has been given the opportunity. If the Original Project Proponent fails to do so

within the said period, the Authority shall enter into further discussion with the Most

Beneficial Bidder.

ix) The bids of remaining Bidders shall be kept in reserve and may be invited in case such

Most Beneficial Bidder withdraws or is not selected for any reason.

x) The Most Beneficial Bidder or the Original Project Proponent, as the case may be

selected in accordance with this section, shall be termed as the Project Entrepreneur.

The Authority will issue a Letter of Award (LOA) to the Project Entrepreneur.

xi) The Project Entrepreneur, at the time of signing of the Agreement shall be required to

deposit an amount equal to the fees in accordance with section 2.5 and 2.6 of this RFP.

xii) The Project Entrepreneur shall be required to submit a Detailed Project Report (DPR) for

the project within a period stipulated in LOA. The DPR should specifically include the

following:

a. Detailed cost estimates, cash flows for the proposed Project, operating costs,

Profitability and Project viability, list of contracted assets, movable & immovable

assets etc.

b. Source and method of financing; financial structure.

c. Planning of waterfront, on-shore and off-shore facilities required to handle barges

xiii) The Project Entrepreneur is expected to commence operations with at least one

barge within 1 month (30 days) starting from award date of LOA.

xiv) Any queries or request for additional information concerning this RFP shall be submitted

in writing by e-mail to the officer designated (Capt. Sanjay Sharma, email:

cpommb@gmail.com). The envelopes/ communication shall clearly bear the following

identification/ title: “Selection of Contactor for Illuminated Advertisement on Barge Plying

at Bandra Worli seaface, Mumbai under Swiss Challenge.”

2.8 General terms of Bidding

i) No Bidder shall submit more than one Bid for the Project. A Bidder bidding

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

bid either individually or as a member of any Consortium, as the case may be.

ii) Specifications of proposed projects are being provided only as a preliminary

reference by way of assistance to the Bidders who are expected to carry out their

own surveys, investigations and other detailed examination of the Project before

submitting their Bids.

iii) Notwithstanding anything to the contrary contained in this RFP, the detailed terms

specified in the Concession Agreement which will be provided at the later stage shall

have overriding effect; provided, however, that any conditions or obligations imposed

on the Bidder hereunder shall continue to have effect in addition to its obligations

under the Concession Agreement.

iv) The Bidder should submit a Power of Attorney as per the format at Appendix-II,

authorizing the signatory of the Bid to commit the Bidder.

12

v) In case the Bidder is a Consortium, the Members thereof should furnish a Power of

Attorney in favor of the Lead Member in the format at Appendix-III.

vi) Any condition or qualification or any other stipulation contained in the Bid shall

render the Bid liable to rejection as a non-responsive Bid

vii) The Bid and all communications in relation to or concerning the Bidding Documents

and the Bid shall be in English language.

viii) The documents including this RFP and all attached documents, provided by the

Authority are and shall remain or become the property of the Authority and are

transmitted to the Bidders solely for the purpose of preparation and the submission

of a Bid in accordance herewith. Bidders are to treat all information as strictly

confidential and shall not use it for any purpose other than for preparation and

submission of their Bid. The provisions of this Clause shall also apply mutatis

mutandis to Bids and all other documents submitted by the Bidders, and the

Authority will not return to the Bidders any Bid, document or any information

provided along therewith.

ix) A Bidder shall not have a conflict of interest (the Conflict of Interest) that affects the

Bidding Process. Any Bidder found to have a Conflict of Interest shall be disqualified.

In the event of disqualification, the Authority shall be entitled to forfeit and

appropriate the EMD and Security Deposit, as the case may be, as mutually agreed

genuine pre-estimated loss and damage likely to be suffered and incurred by the

Authority and not by way of penalty for, inter alia, the time, cost and effort of the

Authority, including consideration of such Bidder’s proposal (the Damage), without

prejudice to any other right or remedy that may be available to the Authority under

the Bidding Documents and/ or the Concession Agreement or otherwise. Without

limiting the generality of the above, a Bidder shall be deemed to have a Conflict of

Interest affecting the Bidding Process, if:

the Bidder, its Member or Associate (or any constituent thereof) and any

other Bidder, 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 a

Bidder, its Member or an Associate thereof (or any shareholder thereof having a

shareholding of more than 25% (twenty five per cent) of the paid up and subscribed

share capital of such Bidder, Member or Associate, as the case may be) in the other

Bidder, its Member or Associate, is less than 25% (twenty five 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 section 4A of the

Companies Act, 1956 or any other subsequent amendments. For the purposes,

indirect shareholding held through one or more intermediate persons shall be

computed as follows:

a. 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

b. subject always to sub-clause(a) above, where a person does not exercise

control over an intermediary, which has shareholding in the Subject Person, the

13

computation of indirect shareholding of such person in the Subject Person shall be

undertaken on a proportionate basis; provided, however, that no such shareholding

shall be reckoned under this sub-clause (b) 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

c. a constituent of such Bidder is also a constituent of another Bidder; or

d. such Bidder, its Member or any Associate thereof receives or has received

any direct or indirect subsidy, grant, concessional loan or subordinated debt from

any other Bidder, its Member or Associate, or has provided any such subsidy, grant,

concessional loan or subordinated debt to any other Bidder, its Member or any

Associate thereof; or

e. such Bidder has the same legal representative for purposes of this Bid as any

other Bidder; or

f. such Bidder, or any Associate thereof, has a relationship with another Bidder,

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 Bid of either or each other; or

g. Such Bidder or any Associate thereof has participated as a consultant to the

Authority in the preparation of any documents, design or technical specifications of

the Project. x) A Bidder shall be liable for disqualification and forfeiture of EMD amount and/or Security

Deposit as the case may be, if any legal, financial or technical adviser of the Authority in

relation to the Project is engaged by the Bidder, its Members or any Associate thereof,

as the case may be, in any manner for matters related to or incidental to such Project

during the Bidding Process or subsequent to the (i) issue of the LOA or (ii) execution of

the Concession Agreement. In the event any such adviser is engaged by the Project

Entrepreneur or Concessionaire, as the case may be, after issue of the LOA or

execution of the Concession Agreement for matters related or incidental to the Project,

then notwithstanding anything to the contrary contained herein or in the LOA or the

Concession Agreement and without prejudice to any other right or remedy of the

Authority, including the forfeiture and appropriation of the Bid Security or Performance

Guarantee, as the case may be, which the Authority may have thereunder or otherwise,

the LOA or the Concession Agreement, as the case may be, shall be liable to be

terminated without the Authority being liable in any manner whatsoever to the Project

Entrepreneur or Concessionaire for the same. For the avoidance of doubt, this

disqualification shall not apply where such adviser was engaged by the Bidder, its

Member or Associate in the past but its assignment expired or was terminated 6 (six)

months prior to the date of issue of RFQ for the Project. Nor will this disqualification

apply where such adviser is engaged after a period of 2 (two) years from the date of

commercial operation of the Project.

xi) This RFP is not transferable.

xii) Any award of Permission pursuant to this RFP shall be subject to the terms of Bidding

Documents.

2.9 Composition of the Consortium

i) The Consortium can have a maximum of 3 (three) members.

ii) Change in the composition of a Consortium will not be permitted after submission of

the Bids;

14

iii) Any subsequent change in the composition of consortium shall be allowed only with

prior written consent from the Authority. Any such change shall be allowed in

replacement by competent party / (ies) only.

iv) The Lead Member of the Consortium whose financial capacity is evaluated should

until the 2nd

(second) anniversary of the date of commercial operation of the Project

hold equity share capital not less than 51% (fifty one percent) of the subscribed and

paid up equity of the SPV.

v) A Bidder may, within 10 (ten) days after the Bid Due Date, remove from its

Consortium any Member who suffers from a Conflict of Interest, and such removal

shall be deemed to cure the Conflict of Interest arising in respect thereof. The Bidder

shall ensure the substitute is at least equal, in terms of Technical / Financial

Capacity, to the Consortium Member who is sought to be substituted and the

modified Consortium shall continue to meet the qualification and short-listing criteria

for Bidders. The modified/ reconstituted Consortium shall submit a revised Jt.

Bidding Agreement within 10 (ten) days after removal of Consortium Member who

suffers from a Conflict of Interest, substantially in the form at Appendix-IV.

vi) Approval for change in the composition of a Consortium shall be at the sole

discretion of the Authority and must be approved by the Authority in writing.

vii) The Consortium shall submit a Power of Attorney and, a Joint Bidding Agreement

substantially in the form at Appendix-III and Appendix-IV respectively along with the

Bid, prior to the Bid Due Date. Except as provided under this RFP and the Bidding

Documents, there shall not be any amendment to the Joint Bidding Agreement

without prior written consent of the Authority. The Joint Bidding Agreement, to be

submitted along with the Bid, shall, inter alia:

a) convey the intent to form an SPV with shareholding/ownership equity

commitment(s) in accordance with this RFP, which would enter into the

Concession Agreement and subsequently carry out all the responsibilities as

Concessionaire in terms of the Concession Agreement, in case the right to

undertake the Project is awarded to the Consortium;

b) clearly outline the proposed roles and responsibilities, if any, of each Member;

c) commit the minimum equity stake to be held by each Member;

d) the Lead Member shall hold equity share capital not less than 51% (fifty one

percent) of the subscribed and paid up equity share capital of the SPV until the

2nd

(second) anniversary of the date of commercial operation of the Project;

e) members of the Consortium undertake that they shall collectively hold at least

51% (fifty one per cent) of the subscribed and paid up equity of the SPV at all

times until the fifth anniversary of the commercial operation date of the Project;

and

f) include a statement to the effect that all Members of the Consortium shall, be

liable jointly and severally for all obligations of the Concessionaire in relation to

the Project until the expiry of the Concession Agreement 2.10 Cost of Bidding

The Bidders shall be responsible for all of the costs associated with the preparation of

their Bids and their participation in the Bidding Process. The Authority will not be

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

the Bidding Process.

15

2.11 Site visit and verification of information

i) Bidders are encouraged to submit their respective Bids after visiting the Project site

and ascertaining for themselves the site conditions, traffic, location, surroundings,

climate, availability of power and other utilities, access to site, handling and storage

of materials, weather data, applicable laws and regulations, and any other matter

considered relevant by them.

ii) It shall be deemed that by submitting a Bid, the Bidder has:

a. made a complete and careful examination of the Bidding Documents (including the

proposal of the Original Proponent);

b. received all relevant information requested from the Authority;

c. accepted the risk of inadequacy, error or mistake in the information provided in the

Bidding Documents or furnished by or on behalf of the Authority relating to any of

the matters

d. satisfied itself about all matters, things and information including matters

hereinabove, necessary and required for submitting an informed Bid, execution of

the Project in accordance with the Bidding Documents and performance of all of its

obligations thereunder;

e. acknowledged and agreed that inadequacy, lack of completeness or incorrectness

of information provided in the Bidding Documents or ignorance of any of the

matters. hereinabove shall not be a basis for any claim for compensation, damages,

extension of time for performance of its obligations, loss of profits etc. from the

Authority, or a ground for termination of the Concession Agreement by the

Concessionaire;

f. acknowledged that it does not have a Conflict of Interest; and

g. agreed to be bound by the undertakings provided by it under and in terms hereof.

iii) The Authority 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 RFP, the Bidding Documents or the Bidding Process, including any error

or mistake therein or in any information or data given by the Authority.

iv) The Bidder shall continue to be responsible for all claims and declarations made

under its Bid for the entire Bidding Process and if selected under the Bid Process as

Successful Bidder, throughout the Concession Period.

2.12 Verification and Disqualification

i) The Authority reserves the right to verify all statements, information and documents

submitted by the Bidder in response to the RFP or the Bidding Documents and the

Bidder shall, when so required by the Authority, make available all such information,

evidence and documents as may be necessary for such verification. Any such

verification or lack of such verification, by the Authority shall not relieve the Bidder

of its obligations or liabilities hereunder nor will it affect any rights of the Authority

thereunder.

ii) The Authority reserves the right to reject any Bid and appropriate the Bid Security if:

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

b) the Bidder does not provide, within the time specified by the Authority, the

supplemental information sought by the Authority for evaluation of the Bid.

16

Such misrepresentation/ improper response shall lead to the disqualification

of the Bidder. If the Bidder is a Consortium, then the entire Consortium and

each Member may be disqualified/ rejected. If such disqualification /

rejection occurs after the Bids have been opened and the Most Beneficial

Bidder gets disqualified / rejected, then the Authority reserves the right to

invite a Bidder amongst the qualified Bidders in order of their rank of their

Financial Proposals.

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

Concession Agreement or after its execution and during the period of

subsistence thereof, including the Concession thereby granted by the

Authority, that one or more of the pre-qualification conditions have not been

met by the Bidder, or the Bidder has made material misrepresentation or has

given any materially incorrect or false information, the Bidder shall be

disqualified forthwith if not yet appointed as the Concessionaire either by

issue of the LOA or entering into of the Concession Agreement, and if the

Project Entrepreneur has already been issued the LOA or has entered into

the Concession Agreement, as the case may be, the same shall,

notwithstanding anything to the contrary contained therein or in this RFP, be

liable to be terminated, by a communication in writing by the Authority to the

Project Entrepreneur, without the Authority being liable in any manner

whatsoever to the Project Entrepreneur. In such an event, the Authority shall

be entitled to forfeit and appropriate EMD amount or Security Deposit, as the

case may be, as damages, without prejudice to any other right or remedy

that may be available to the Authority under the Bidding Documents and/ or

the Concession Agreement, or otherwise.

2.13 Clarifications

i) Bidders requiring any clarification on the RFP may notify the Authority in writing or by

e-mail. They should send in their queries on or before the date mentioned in the

Schedule of Bidding Process.

ii) The Authority shall endeavor to respond to the questions raised or clarifications

sought by the Bidders. However, the Authority 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 Authority to respond to

any question or to provide any clarification including within any specified time limit.

All the queries and its responses thereto, shall be hosted on the website of the

Authority without identifying the source of queries.

iii) The Authority may also on its own motion, if deemed necessary, issue interpretations

and clarifications to all Bidders. All clarifications and interpretations issued by the

Authority shall be deemed to be part of the Bidding Documents. Verbal clarifications

and information given by Authority or its employees or representatives shall not in

any way or manner be binding on the Authority.

2.14 Amendment of RFP

i) At any time prior to the Bid Submission Closing Date, the Authority may, for any

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

17

Bidder, modify the RFP by the issuance of Addendum or Corrigendum as the case

may be

ii) Any Addendum and/or Corrigendum issued hereunder will be in writing and shall be

uploaded on the website.

iii) In order to afford the Bidders a reasonable time for taking an Addendum or

Corrigendum into account, or for any other reason, the Authority may, in its sole

discretion, extend the Bid Submission Closing Date.

2.15 Format and Signing of Bid

i) The Bidder shall provide all the information sought under this RFP. The Authority will

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

respects.

ii) The Bid and its copy shall be typed or written in indelible ink and signed by the

authorized signatory of the Bidder who shall also initial each page, in blue ink. In

case of printed and published documents, only the cover shall be initialed. All the

alterations, omissions, additions or any other amendments made to the Bid shall be

initialed by the person(s) signing the Bid. The bid shall contain page numbers

iii) Bidders 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, Bidders may format the prescribed forms making due provision for

incorporation of the requested information;

iv) The information supplied by a Bidder(or other constituent Member if the Bidder is a

Consortium) must apply to the Bidder, Member named in the Bid and not, unless

specifically requested, to other associated companies or firms;

v) While qualification is open to firms from any country, the following provisions shall

apply for bidders from foreign countries:

a) Where, on the date of Submission of the Bid, more than 25% (Twenty five per

cent) of the aggregate issued, subscribed and paid up equity share capital in a

Bidder or its Member is held by persons resident outside India or where a

Bidder or its Member is controlled by persons resident outside India; or

b) if at any subsequent stage after the date of submission of the Bid, there is an

acquisition of more than 25% (twenty five per cent) of the aggregate issued,

subscribed and paid up equity share capital or control, by persons resident

outside India, in or of the Bid or its Member;

1. then the qualification of such Bidder or in the event described in sub clause

b) above, the continued qualification of the Bidder shall be subject to

approval of the Authority from national security and public interest

perspective. The decision of the Authority in this behalf shall be final and

conclusive and binding on the Bidder.

2. The holding or acquisition of equity or control, as above, shall include direct

or indirect holding/ acquisition, including by transfer, of the direct or indirect

legal or beneficial ownership or control, by persons acting for themselves or

in concert and in determining such holding or acquisition, the Authority shall

be guided by the principles, precedents and definitions contained in the

Securities and Exchange Board of India (Substantial Acquisition of Shares

18

and Takeovers) Regulations, 1997, or any substitute thereof, as in force on

the date of such acquisition.

3. The Bidder shall promptly inform the Authority of any change in the

shareholding, as above, and failure to do so shall render the Bidder liable

for disqualification from the Bidding Process.

2.16 Uploading of Bids

i) E-tender Notice:

Online Tenders for this Project shall be invited by Maharashtra Maritime Board,

Mumbai on Government of Maharashtra Electronic Tender Management System

portal http://mahatenders.gov.in in as per Tender Schedule Published on the web

portal.

The Chief Executive Officer, Maharashtra Maritime Board, Mumbai may accept

or reject any or all tenders, at any stage of Bidding Process without giving any

reason to the Bidders.

ii) Each Bid shall have to be prepared and submitted in accordance with provisions

of this RFP. The Bid shall comprise of 2 (two) submissions:

Submission 1: Qualification Proposal

Submission 2: Commercial Proposal

iii) The following documents for each Submission should be uploaded by the

Bidders in the form of PDF files in the same order as mentioned below, on the e-

tendering website during the online Bid Preparation stage. Also two physical

copies of technical bid are required to be submitted at MMB head office. In case

of any discrepancy of information between online and physical submission, then

online submission shall be final. iv) Submission 1: Qualification

a) The Earnest Money Deposit (EMD) (also known as the Bid Security) of Rs.

30,000/- (Rupees Thirty Thousand Only) is to be paid online through payment

gateway on the portal. The Bid shall be summarily rejected if it is not

accompanied by the Bid Security.

b) Bid Submission in the prescribed format (Appendix I and Appendix VI) along

with Annexes and supporting documents;

c) Power of Attorney for signing of Bid in the format at Appendix-II

d) If applicable, the Power of Attorney for Lead Member of Consortium in the

format at Appendix-III

e) If applicable, the Joint Bidding Agreement between the Members of Consortium

in the format at Appendix-IV

f) Anti-Collusion Certificate in the format at Appendix V

g) Certified true copy of the incorporation certificate of the Single Entity Company.

In the case of a Consortium, certified true copy of the incorporation certificate of

each of the Members of the Consortium companies; and

h) Bidding Documents signed by the authorized signatory of the Bidder

Submission 2: Commercial Proposal

a) The Commercial Proposal shall be submitted in the format specified at Appendix

VII

19

b) It may be noted that Bid documents of Bidders, which do not contain the

Commercial Proposal as specified above, would be considered as invalid and

liable for rejection.

v) All eligible/interested Bidders are required to be enrolled on portal

https://mahatenders.gov.in before downloading tender documents and

participate in e-tendering.

vi) The Bidders are requested to familiarize themselves with the use of the e-

Tendering portal of Government of Maharashtra well in advance

vii) Bidders will have to pay cost of Tender Document only through online mode of

payment such as Net Banking during RFP Document/Tender Document

Download stage. This payment will not be accepted by the department/Authority

through any offline modes such as Cash, Cheque, Bank Guarantee or Demand

Draft.

viii) For a bidder, online bidding process consists of following 3 stages:

i. Online Tender Document Purchase and Download

ii. Online Bid Preparation

iii. Online Bid Submission

All of 3 stages are mandatory in order for Bidders to successfully complete

Online Bidding Process.

ix) Tender Document Purchase And Download

a) The RFP document/ tender document will uploaded on Government of

Maharashtra, (GOM) e-tendering website https://mahatenders.gov.in. RFP

Document/Tender document and supporting documents may be purchased and

downloaded from following link of on e-Tendering website of Government of

Maharashtra, https:// mahatenders.gov.in by making payment only through

Online mode such as Net Banking.

b) If for any reason a Bidder fails to make this payment through online modes, the

system won't allow the Bidder to proceed further for next stage resulting in

his/her elimination from Online Bidding Process.

c) This payment will not be accepted by the department through any offline modes

such as Cash, Cheque, Bank Guarantee or Demand Draft.

d) Subsequently, Bid has to be prepared and submitted online ONLY as per the

schedule.

e) The Tender form will be available online only. Tender forms will not be sold /

issued manually from office.

f) The Bidders are required to download the RFP Document/tender document

within the prescribed date & time mentioned in online tender schedule. After

expiry of the date and time for tender document download, Department /

Authority will not be responsible for any such failure on account of Bidders for

not downloading the document within the schedule even though they have paid

the cost of the tender to the Department Authority. In such case the cost of the

RFP document/tender paid by the Bidders will not be refunded.

2.17 Bid Submission Closing Date

i) Bids should be submitted on the Bid Submission Closing Date at the address

provided in the manner and form as detailed in this RFP.

20

ii) The Authority may, in its sole discretion, extend the Bid Due Date by issuing an

Addendum or Corrigendum in accordance with Clause 2.13 uniformly for all Bidders

2.18 Late Bids

Bids received by the Authority after the specified time shall not be eligible for

consideration and shall be summarily rejected.

2.19 Contents of the Bid

i) Without prejudice to the other provisions of the Bidding Documents, the Commercial

Bid shall be furnished in the format at Appendix-VII. The Bidder shall specify (in

value and words) the premium offered by him, to undertake the Project in

accordance with this RFP and the provisions of the Concession Agreement.

ii) The opening of Bids and acceptance thereof shall be in accordance with the RFP

document. 2.20 Modifications/ Substitution/ Withdrawal of Bids

The Bidder may modify, substitute or withdraw its Bid after submission, provided that

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

Authority prior to the Bid Submission Closing Date. No Bid shall be modified,

substituted or withdrawn by the Bidder on or after the Bid Submission Closing Date.

2.21 Rejection of Bids

i) Notwithstanding anything contained in this RFP, the Authority reserves the right to

reject any Bid and to annul the Bidding Process and reject all Bids at any time

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

and without assigning any reasons thereof. In the event that the Authority rejects or

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

Bids hereunder.

ii) The Authority reserves the right not to proceed with the Bidding Process at any time,

without notice or liability, and to reject any Bid without assigning any reasons.

2.22 Validity of Bids

The Bids shall be valid for a period of not less than 180 (one hundred eighty) days

from the Bid Submission Closing Date. The validity of Bids may be extended by

mutual consent of the respective Bidders and the Authority.

2.23 Confidentiality

Information relating to the examination, clarification, evaluation and recommendation

for the Bidders shall not be disclosed to any person who is not officially concerned

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

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

will treat all information, submitted as part of the Bid, in confidence and will require

all those who have access to such material to treat the same in confidence. The

Authority 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

21

or assert any right or privilege of the statutory entity and/ or the Authority or as may

be required by law or in connection with any legal process.

2.24 Correspondence with the Bidder

Save and except as provided in this RFP, the Authority shall not entertain any

correspondence with any Bidder in relation to acceptance or rejection of any Bid.

2.25 EMD / Bid Security

i) The Bidder shall furnish as part of its Bid, Bid Security as mentioned in this RFP to

be paid online through payment gateway on the portal.

ii) Any Bid not accompanied by the Bid Security shall be summarily rejected as non-

responsive

iii) The Bid Security of unsuccessful Bidders will be returned, without any interest, as

promptly as possible after execution of the LOA by the Successful Bidder or when

the Bidding Process is cancelled. The refund of the Bid Security shall be in the form

of credit to the account through which the Bid Security was initially paid

iv) The Successful Bidder’s Bid Security will be returned, without any interest, upon the

Concessionaire signing the Concession Agreement and` furnishing the Performance

Security. The Authority shall retain the Bid Security of the Successful Bidder until the

execution of the Concession Agreement and furnishing of the Performance Security.

v) The Bid Security shall be forfeited as liquidated damages without prejudice to any

other right or remedy that may be available to the Authority under the Bidding

Documents and/ or under the Concession Agreement, or otherwise, under the

following conditions:

a) If a Bidder engages in a corrupt practice, fraudulent practice, coercive

practice, undesirable practice or restrictive practice as specified in Section 4

of this RFP;

b) If a Bidder modifies or substitutes (without the prior written approval of the

Authority) or withdraws its Bid during the period of Bid validity as specified in

this RFP and as extended in accordance with the terms of the Bidding

Documents; or

c) In the case of Successful Bidder, if within the specified time limit

1. it fails to sign and return the duplicate copy of LoA

2. it fails to incorporate the SPV or such SPV fails or refuses to sign the

Concession Agreement

3. the SPV fails to provide the Performance Security in accordance with

the Bidding Document;

4. it fails or refuses to extend the validity of the Bid as required by the

Bidding Documents; or

5. a Bidder withdraws its Bid during the period of Bid validity as specified

in this RFP and as extended by mutual consent of the respective

Bidder(s) and the Authority;

6. the Successful Bidder fails or refuses to provide any documents

required to be provided by it after its selection;

22

7. the Successful Bidder, having signed the Concession Agreement,

commits any breach thereof prior to furnishing the Performance

Security

8. If the Bidder submits a non-responsive Bid

23

3. EVALUATION OF BIDS

3.1 Opening and Evaluation of Bids

i) The Authority will examine and evaluate the Bids in accordance with the

provisions set out in this Section 3.

ii) To facilitate evaluation of Bids, the Authority may, at its sole discretion, seek

clarifications in writing from any Bidder regarding its Bid and such Bidder shall

provide its response within the time period specified by the Authority in this

regard

3.2 Tests of responsiveness

Prior to evaluation of Bids, the Authority shall determine whether each Bid is responsive to

the requirements of this RFP. A Bid shall be considered responsive only if:

i) The Tender Fee and Bid security are paid.

ii) it is received as per the format prescribed in Appendix I to VII;

iii) it is signed, marked and uploaded as mentioned in this RFP

iv) it is accompanied by the Power(s) of Attorney as specified in this RFP

v) it contains all the information (complete in all respects) as requested in this RFP

and/or Bidding Documents (in formats same as those specified);

vi) It contains the Concept Plan as mentioned in Appendix I-Annexure D.

vii) it does not contain any condition or qualification; and

viii) it is not non-responsive in terms hereof.

The Authority reserves the right to reject any Bid which is nonresponsive and no request for

alteration, modification, substitution or withdrawal shall be entertained by the Authority in

respect of such Bid.

3.3 Selection of Bidder

i) Subject to the provisions of the Bidder whose Bid is adjudged as responsive in terms

has quoted the highest premium over and above minimum license fees to the

Authority, and shall be declared as the Most Beneficial Bidder (the Most Beneficial

Bidder”).

ii) The evaluation of Bids shall be undertaken in the following sequence:

Evaluation of Submission 1: Qualification Proposal;

Evaluation of Submission 2: Commercial Proposal

Qualification Evaluation

i. Project proponent should have minimum average turnover of INR 50 Lakh in the last

three years and in case of joint venture or consortium, combined average turnover of

minimum INR 50 Lakh in the last three financial years.

ii. Project proponent should have minimum net worth of INR 25 Lakh in the last three

financial years and in case of joint venture or consortium, the combined net worth of

INR 25 Lakh in the last three financial years.

24

Commercial Evaluation

i) The Bidder who quotes the highest premium over & above the minimum license

fees as mentioned in Annexure D of Advertisement Guidelines for Maharashtra Coastline would be declared as the Most Beneficial Bidder (“the Most

Beneficial Bidder”). In the event that the Authority rejects or annuls all the Bids,

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

The Authority may negotiate the offer of the Most Beneficial Bidder as the case

may be.

ii) The commercial term of the Original Project Proponent would be compared with

that of the Most Beneficial Bidder. If the commercial term of the Original Project

Proponent is not preferable to the commercial term of the Most Beneficial Bidder,

the Original Project Proponent shall be given an opportunity to match or better

his commercial term competitive with that of the Most Beneficial Bidder within a

period of 30 (thirty) days from the date on which he has been given the

opportunity. If the Original Project Proponent fails to do so within the said period,

the Authority shall enter into a further discussion with the Most Beneficial Bidder.

iii) The Most Beneficial Bidder or the Original Project Proponent who ever has quoted the highest premium over minimum license fees, shall be termed as the

Project Entrepreneur. The Authority will issue a Letter of Award (LOA) to the

Project Entrepreneur. The LOA is valid for 2 months from the issuance of the

LOA. The Concession Agreement will be signed with the Project Entrepreneur in

due course of time. The Project Entrepreneur is requested to submit the

Performance Guarantee before signing the Concession Agreement.

25

4. FRAUD AND CORRUPT PRACTICES

i) For the purposes of this Clause, 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

b) employing or engaging in any manner whatsoever, directly or indirectly, any official

of the Authority 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 Authority, shall be

deemed to constitute influencing the actions of a person connected with the

Bidding Process); or (ii) save and except as permitted under the Clauses of this

RFP, 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 Authority in relation to any matter concerning

the Project;

c) “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;

d) “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;

e) “Undesirable practice” means (i) establishing contact with any person connected

with or employed or engaged by the Authority 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

f) “Restrictive practice” means forming a cartel or arriving at any understanding or

arrangement among Bidders with the objective of restricting or manipulating a full

and fair competition in the Bidding Process.

ii) The Bidders and their respective officers, employees, agents and advisers shall

observe the highest standard of ethics during the Bidding Process and subsequent

to the issue of the LOA and during the subsistence of the Concession Agreement.

Notwithstanding anything to the contrary contained herein, or in the LOA or the

Concession Agreement, the Authority may reject a Bid, withdraw the LOA, or

terminate the Concession Agreement, as the case may be, without being liable in

any manner whatsoever to the Bidder or Concessionaire, as the case may be, if it

determines that the Bidder or Concessionaire, as the case may be, 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.

In such an event, the Authority shall be entitled to forfeit and appropriate the Bid

Security or Performance Security, as the case may be, as Damages, without

26

prejudice to any other right or remedy that may be available to the Authority under

the Bidding Documents and/ or the Concession Agreement, or otherwise.

iii) Without prejudice to the rights of the Authority mentioned in this RFP, hereinabove

and the rights and remedies which the Authority may have under the LOA or the

Concession Agreement, or otherwise if a Bidder or Concessionaire, as the case may

be, is found by the Authority 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, or after the

issue of the LOA or the execution of the Concession Agreement, such Bidder or

Concessionaire shall not be eligible to participate in any tender or RFP issued by the

Authority during a period of 2 (two) years from the date such Bidder or

Concessionaire, as the case may be, is found by the Authority to have directly or

indirectly or through an agent, engaged or indulged in any corrupt practice,

fraudulent practice, coercive practice, undesirable practice or restrictive practices, as

the case may be.

27

5. PRE-BID MEETING

i) Pre-Bid meeting of the Bidders shall be convened at the designated date, time and

place as mentioned in RFP. A maximum of three representatives of each Bidder

shall be allowed to participate on production of Authority letter from the Bidder.

ii) During the course of Pre-Bid conference(s), the Bidders will be free to seek

clarifications and make suggestions for consideration of the Authority. The Authority

shall endeavor to provide clarifications and such further information as it may, in its

sole discretion, consider appropriate for facilitating a fair, transparent and

competitive Bidding Process.

28

6. MISCELLANEOUS

i) The Bidding Process shall be governed by, and construed in accordance with, the

laws of India and the Courts of Mumbai shall have exclusive jurisdiction over all

disputes arising under, pursuant to and/ or in connection with the Bidding Process.

ii) The Authority, 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 Bidder in order to receive clarification or further information;

c. retain any information and/ or evidence submitted to the Authority by, on

behalf of, and/ or in relation to any Bidder; and/ or

d. Independently verify, disqualify, reject and/ or accept any and all submissions

or other information and/ or evidence submitted by or on behalf of any Bidder.

iii) It shall be deemed that by submitting the Bid, the Bidder agrees and indemnifies the

Authority, 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, pursuant hereto and/ or in connection

with the Bidding Process and waives, to the fullest extent permitted by applicable

laws, any and all rights and/ or claims it may have in this respect, whether actual or

contingent, whether present or in future.

29

Appendix I - Annexure A : Letter for Bid Submission

[On the letter head of the Bidder/lead Member]

Original or copy No: Dated:

To,

The Chief Executive Officer,

Maharashtra Maritime Board,

2nd Floor, Indian Mercantile Chambers,

R. Kamani Marg, Ballard Estate, Fort,

Mumbai, Maharashtra 400 001.

Sub: Tender for _____

Dear Sir,

With reference to your RFP dated ------------, I/we, having examined the RFP documents and

understood its contents, hereby submit my/our Bid for the aforesaid project. The Bid is

unconditional and unqualified.

1. I/We acknowledge that the Authority will be relying on the information provided in the Bid

and the documents accompanying such Bid for selection of the Bidders for the aforesaid

Project and I/we certify that all information provided in the Bid and in Appendices to this

Letter of Bid are true and correct; nothing has been omitted which renders such

information misleading; and all documents accompanying such Bid are true copies of

their respective originals.

2. The Bid is being submitted and submissions in this letter are being made for the express

purpose of our selection as contractor for the aforesaid Project.

3. I/We shall make available to the Authority any additional information it may find

necessary or require to supplement or authenticate the submissions.

4. I/We acknowledge the right of the Authority to reject our Bid without assigning any reason

or otherwise and hereby waive my/our right to challenge the same on any account

whatsoever.

5. I/We certify that in the last 3 (three) years, I/we/any of the 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.

6. I/ We certify that we are not barred by Government of Maharashtra (GoM), any other

State Government in India (SG) or Government of India (GoI), or any of the agencies of

GoM/SG/GoI from participating in similar projects as on …………………………..(Bid

Submission Closing Date).

7. I/We declare that:

30

(a) I/We have examined and have no reservations to the RFP, including any

addendum/corrigendum issued by the Authority;

(b) I/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 RFP, in respect of any tender or request for

proposal issued by or any agreement entered into with the Authority or any other

public sector enterprise or any government, Central or State;

(c) I/We hereby certify that I/we have taken steps to ensure that in conformity with the

provisions of the RFP, no person acting for me/ us or on my/our behalf has

engaged or will engage in any corrupt practice, fraudulent practice, coercive

practice, undesirable practice or restrictive practice; and

8. I/We understand that you may cancel the Bidding Process at any time and that you are

neither bound to accept any Bid that you may receive, without incurring any liability to the

Bidders, in accordance with this RFP.

9. I/We believe that I/we/our Consortium satisfy(s) and meet(s) all the requirements as

specified in the RFP and are/is qualified to submit a Bid.

10. I/We declare that I/we/any Member or Associate, am/are not a member of a/any other

Consortium applying for the Project.

11. I/We certify that in regard to matters other than security and integrity of the country, I/we

or any Member 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

Project or which relates to a grave offence that outrages the moral sense of the

community.

12. I/We further certify that in regard to matters relating to security and integrity of the

country, I/we have not been charge-sheeted by any Government Instrumentality or

convicted by a court of law.

13. I/We further certify that no investigation by a regulatory authority is pending either against

me/us/any Member or against any of my/our directors/managers/employees.

14. I/We undertake that in case due to any adverse change in facts or circumstances during

the Bidding Process, I/we am/are attracted by the provisions of disqualification in terms of

the provisions of this RFP, I/we shall intimate the Authority of the same immediately.

15. The Statement of Legal Capacity as per format provided at Annexure C of Appendix-I of

this RFP, duly signed, is enclosed. The Power of Attorney for signing of Bid and the

Power of Attorney for Lead Member of Consortium, as per format provided at Appendix II

and III respectively of the RFP, are also enclosed.

16. I/ We understand that the Successful Bidder shall either be an existing registered legal

entity, or shall incorporate as such; prior to execution of the Concession Agreement.

17. I/We hereby irrevocably waive any right, which we may have at any stage at law or

howsoever otherwise arising to challenge or question any decision taken by the Authority

in connection with the selection of Bidders or in connection with the Bidding Process

31

itself, in respect of the above mentioned Project and the terms and implementation

thereof.

18. In the event of my/ our being declared as the Project entrepreneur, I/we agree to enter

into a Concession Agreement and agree to abide by the same.

19. I/ We have studied all the Bidding Documents carefully and also surveyed the Project.

We understand that except to the extent as expressly set forth in the Concession

Agreement, we shall have no claim, right or title arising out of any documents or

information provided to us by the Authority or in respect of any matter arising out of or

relating to the Bidding Process including the award of License.

20. I/ We offer a Bid Security of Rs. 30,000 (Rupees Thirty Thousand only in words) to the

Authority in accordance with the RFP Document.

21. The Bid Security through Net Banking has been paid.

22. I/ We agree and understand that the Bid is subject to the provisions of the Bidding

Documents. In no case, I/we shall have any claim or right of whatsoever nature if the

Project / Concession is not awarded to me/us or our Bid is not opened or rejected.

23. I/We agree and undertake to abide by all the terms and conditions of the RFP.

24. We, the Consortium Members agree and undertake to be jointly and severally liable for all

the obligations of the Concessionaire under the Concession Agreement in accordance

with the Concession Agreement.

25. I/We agree and undertake to be jointly and severally liable for all our obligations under

the Concession Agreement as per the provisions set out therein.

26. I/ We shall keep this offer valid for 180 (one hundred and eighty) days from the Bid Due

Date specified in this RFP.

27. I/ We hereby give an undertaking that the Authority shall not be responsible to procure

any approvals for the project. It shall solely be our responsibility to get all necessary

approvals and till the time I obtain all the necessary permissions, the possession of site

shall remain with Maharashtra Maritime Board.

In witness thereof, I/We submit this Bid under and in accordance with the terms of the RFP.

Yours faithfully,

Date: (Signature of the authorised signatory)

Place:

(Name and designation of the authorised signatory)

(Name and seal of the Bidder/lead Member of the Consortium)

32

Appendix I Annexure B - Details of Bidder

[On the letter head of the Single Entity/Members of Consortium]

Original or copy No: Dated:

1. (a) Name:

(b) Country of incorporation:

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

(d) Date of incorporation and/or commencement of business (Concession provide a true

copy of the incorporation certificate):

2. Brief description of the Bidder including details of its main lines of business and

proposed role and responsibilities in [this/these Project(s)]:

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

Authority:

(a) Name:

(b) Designation:

(c) Company:

(d) Address:

(e) Telephone number:

(f) E-Mail Address:

4. Particulars of the authorized signatory of the Bidder:

(a) Name:

(b) Designation:

(c) Address:

(d) Phone number:

(e) Fax number:

5. In case of a Consortium:

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

(b) A copy of the Joint Bidding Agreement, should be attached to the Bid.

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

below:

33

S No. Name of Member Role* Percentage of equity in the

Consortium

1.

2.

* The role of each Member, as may be determined by the Bidder, should be indicated in

accordance with instruction 4 at Annex-III of Appendix VI.

(d) The following information shall also be provided by Bidder/for each Member:

Name of Bidder/ member of Consortium:

No. Criteria Yes No

1. Has the Bidder/constituent of the

Consortium been barred by the

Central/ any State Government, or any

entity controlled by them, from

participating in any project (BOT or

otherwise).

2. If the answer to 1 is yes, does the bar

subsist as on the date of Bid.

3. Has the Bidder/constituent of the

Consortium paid liquidated damages

of more than 5% (five percent) 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

three years?

6. A statement by the Bidder and each of its Members (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):

34

APPENDIX I ANNEXURE C - Statement of Legal Capacity

(To be forwarded on the letterhead of the Bidder/lead Member of Consortium)

Original or copy No:

Ref. Date:

To,

Dear Sir,

We hereby confirm that we/our Members in the Consortium (constitution of which has been

described in the Bid) satisfy the terms and conditions laid out in the RFP.

We have agreed that …………………… (insert member’s name) will act as the lead Member

of our consortium.

We have agreed that ………………….. (Insert individual’s name) will act as our

representative/will act as the representative of the Consortium on its behalf and has been

duly authorized to submit the RFP. Further, the authorized 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 ……………………………

35

Appendix I – Annexure D - Concept Plan

1. Information regarding barges to be plying at mentioned sea face as well as

specifications of advertisement.

2. Details of facilities planned.

3. Capital Costs

4. Estimated date of commencement

5. Provision for Environmental Management and Safety

6. Identified locations for berthing/deberthing & anchorage

36

APPENDIX – II: Power of Attorney for signing of Bid

Know all persons by these presents, [We …………………………………………….. (name of the

company) incorporated under the laws of India and having its registered office at [__]

“Company”] do hereby irrevocably constitute, nominate, appoint and authorize Mr. /Ms (name),

…………………… son/daughter/wife of ……………………………… and presently residing at

…………………., who is presently employed with us and holding the position of

……………………………. , as our true and lawful attorney (hereinafter referred to as the

“Attorney”) to do in our name and on our behalf, all such acts, deeds, matters and things as are

necessary or required in connection with or incidental to submission of our Bid Selection of

Concessionaire for __________________________________________ pursuant to the RFP

dated [__] (“RFP”) issued by the ___________________________________ (the “Authority”)

and for our selection as Successful Bidder including but not limited to signing and submission of

all Bids and other documents and writings, participate in pre-bid conferences and other

conferences and providing information/responses to the Authority, representing us in all matters

before the Authority, signing and execution of all contracts including the Concession Agreement

and undertakings consequent to acceptance of our Bid, and generally dealing with the Authority

in all matters in connection with or relating to or arising out of our Bid for the said Project and/or

upon award thereof to us and/or till the entering into of the Concession Agreement with the

Authority.

AND we hereby agree to ratify and confirm and do hereby ratify and confirm all acts, deed,

matters and things lawfully done or caused to be done by our said Attorney pursuant to and in

exercise of the powers conferred by this Power of Attorney and that all acts, deeds and things

done by our said Attorney in exercise of the powers hereby conferred shall and shall always be

deemed to have been done by us.

Capitalised terms not defined herein shall have the meaning assigned to them under the RFP.

IN WITNESS WHEREOF, …………………………., THE ABOVE NAMED PRINCIPAL HAVE

EXECUTED THIS POWER OF ATTORNEY ON THIS ……… DAY OF …………., 2…..

For …………………………..

(Signature)

(Name, Title and Address)

Witnesses:

(Notarised)

Accepted

…………………………… (Signature)

(Name, Title and Address of the Attorney)

Notes:

37

1. The Power of Attorney for signing of Bid must be submitted in original

2. 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.

3. Wherever required, the Bidder should submit for verification the extract of the charter

documents and documents such as a resolution/ power of attorney in favour of the person

executing this Power of Attorney for the delegation of power hereunder on behalf of the

Bidder.

4. 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 Appostille certificate.

38

APPENDIX – III: Power of Attorney for Lead Member of Consortium

Whereas the Authority has invited proposals from interested parties for

_______________________________________________________________

Whereas, ___________, ________ and _______ (collectively the “Consortium) being Members

of the Consortium are interested in bidding for the Project and implementing the Project in

accordance with the terms and conditions of the Request for Proposal (RFP) Document and

other connected documents in respect of the Project, and

Whereas, it is necessary under the RFP Document for the members of the Consortium to

designate one of them as the Lead Member with all necessary power and authority to do for and

on behalf of the Consortium, all acts, deeds and things as may be necessary in connection with

the Consortium’s bid for the Project who, acting jointly, would have all necessary power and

authority to do all acts, deeds and things on behalf of the Consortium, as may be necessary in

connection with the Consortium’s bid for the Project.

NOW THIS POWER OF ATTORNEY WITNESSETH THAT;

We, M/s. __________________________(Lead Member) and M/s __________________ (the

respective names and addresses of the registered office) do hereby designate M/s.

_________________________________ being one of the members of the Consortium, as the

Lead Member of the Consortium, to do on behalf of the Consortium, all or any of the acts, deeds

or things necessary or incidental to the Consortium’s bid for the Project, including submission of

application/proposal, participating in conferences, responding to queries, submission of

information/ documents and generally to represent the Consortium in all its dealings with the

Authority, any other Government Agency or any person, in connection with the Project until

culmination of the process of bidding and thereafter till the Concession Agreement is entered

into with the Authority.

We hereby agree to ratify all acts, deeds and things lawfully done by Lead Member, our said

attorney pursuant to this Power of Attorney and that all acts deeds and things done by our

aforesaid attorney shall and shall always be deemed to have been done by us/Consortium.

Dated this the _____day of _____, 20____

__________________________

(Executants)

Notes:

1. This Power of Attorney must be submitted in original.

39

2. 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.

3. Wherever required, the Bidder should submit for verification the extract of the charter

documents and documents such as a resolution/ power of attorney in favour of the person

executing this Power of Attorney for the delegation of power hereunder on behalf of the

Bidder.

4. 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 Appostille certificate.

40

APPENDIX IV - Joint Bidding Agreement (for Consortium)

(To be executed on stamp paper of appropriate value)

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

(the “Agreement”)

AMONGST

1. {………… Limited, a company incorporated under the (Indian) Companies Act, 19561}

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 limited liability company incorporated under the (Indian) Companies

Act, 1956} 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 limited liability company incorporated under the (Indian) Companies

Act, 1956 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 Maharashtra Maritime Board, represented by its Chief Executive Officer and having

its principal offices at Indian Mercantile Chambers, 2nd floor, 14, Ramjibhai Kamani

Marg, Ballard Estate, Mumbai- 400 001 (hereinafter referred to as “Authority” which

expression shall, unless repugnant to the context or meaning thereof, include its

administrators, successors and assigns) has invited Bids by its Request for Proposal No.

………… dated ………… (the “RFP”) for qualifying and selecting bidders for Selection of

“CONTACTOR FOR ILLUMINATED ADVERTISEMENT ON BARGE PLYING AT

BANDRA WORLI SEAFACE” under “Swiss Challenge” Route.

1 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”. A similar modification may be made in Recital 2, as necessary. The number of Parties will be shown here, as applicable, subject however to a maximum of 3 (three)

41

B. The Parties are interested in jointly bidding for the Project as members of a Consortium

(as defined below) and in accordance with the terms and conditions of the Bidding

Documents including the RFP; and

C. It is a necessary condition under the RFP that the members of the Consortium shall

enter into a joint bidding agreement and furnish a copy thereof with the Bid.

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 RFP.

2. Consortium

The Parties do hereby irrevocably constitute a consortium (the “Consortium”) for the

purposes of jointly participating in the Bidding Process for the Project.

The Parties hereby undertake to participate in the Bidding Process only through this

Consortium and not individually and/or through any other consortium constituted for the

Project, either directly or indirectly or through any of their Associates.

3. Covenants

The Parties hereby undertake that in the event the Consortium is declared the

Successful Bidder and awarded the Project, it shall incorporate the SPV under the

(Indian) Companies Act 1956 as required by and in accordance with the Bidding

Documents for performing all its obligations as the Concessionaire in terms of the

Concession Agreement for the Project.

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 and shall have

the power of attorney from all Parties for conducting all business for and on

behalf of the Consortium during the Bidding Process and until the Appointed

Date under the Concession Agreement when all the obligations of the SPV shall

become effective;

b) {Party of the Second Part shall be __________{the Technical Member of the

Consortium} }

5. Joint and Several Liability

The Parties do hereby undertake to be jointly and severally responsible for all

obligations and liabilities relating to the Project in accordance with the terms of the RFP,

the Concession Agreement and for the performance of the Concessionaire’s obligations

42

under the Concession Agreement.

6. Shareholding in the SPV

(a) The Parties agree that the proportion of shareholding among the Parties in the

SPV shall be as follows:

First Party:

Second Party:

(b) Subject to the terms of the Concession Agreement, the lead Member shall during

the term of the Concession Agreement hold equity share capital not less than

51% (fifty one percent) of the subscribed, paid up and voting equity share capital

of the SPV until the 2nd (second) anniversary of the date of commercial operation

of the Project;

(c) Subject to the terms of this Concession Agreement, members of the Consortium

undertake that they shall collectively hold at least 51% (fifty one per cent) of the

subscribed and paid up equity of the SPV at all times until the second

anniversary of the date of commercial operation of the Project; and

The Parties undertake that they shall comply with all equity lock-in requirements set forth

in the Concession Agreement.

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 organized, validly existing and in GoM 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 authorized 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

Member of Consortium 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;

43

iii. violate the memorandum of association and articles of association, by-laws

or other applicable organizational documents thereof;

iv. violate any clearance, permit, License, grant, Lessor other governmental

authorisation, approval, judgment, 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; and

v. create or impose any liens, mortgages, pledges, claims, security interests,

charges or any other 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;

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 affiliates 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 fulfillment of its obligations under this

Agreement.

8. Termination

MMB may terminate the Contract anytime during the period of Contract for any of the

below mentioned reasons.

If the Selected Bidder /Consortium

i has abandoned the Contract

ii has failed to maintain the performance standards set by MMB

iii has been in defiance of the instructions to the contrary, sublet any part of the

Contract.

iv has acted in any manner detrimental to the interest, reputation, name or prestige

of MMB.

v has become untraceable.

vi has been declared insolvent/ bankrupt.

vii if any winding up proceedings are initiated against the Bidder/consortium

members

44

viii has without authority acted in violation of the terms and conditions of this

Contract and has committed breach of terms of Contract in best judgment of MMB.

The termination letter would indicate the reasons for such termination.

When the Contract is terminated by MMB for all or any of the reasons mentioned above

the Company/ Consortium etc. shall not have any right to claim any compensation on

account of such termination. On such a termination, MMB shall have the right to

appropriate Performance Security towards the amounts due and payable by the

Company/Consortium etc. as per the conditions of Contract and return to the Contractor

excess money if any, left over.

9. Miscellaneous

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

The Parties acknowledge and accept that this Agreement shall not be amended by the

Parties without the prior written consent of the Authority.

IN WITNESS WHEREOF THE PARTIES ABOVE NAMED HAVE EXECUTED AND

DELIVERED THIS AGREEMENT AS OF THE DATE FIRST ABOVE WRITTEN.

SIGNED, SEALED AND DELIVERED

For and on behalf of

LEAD MEMBER by:

(Signature)

(Name) (Designation)

(Address)

SIGNED, SEALED AND DELIVERED

For and on behalf of

SECOND PART

(Signature)

(Name)

45

(Designation)

(Address)

SIGNED, SEALED AND DELIVERED

For and on behalf of

THIRD PART

(Signature)

(Name)

(Designation)

(Address)

In the presence of:

1. 2.

Notes:

1. The mode of 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 authority to execute this

Agreement on behalf of the Member of Consortium.

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.

46

APPENDIX V - Anti-Collusion Certificate

(To be executed on stamp paper of appropriate value)

We undertake that, in competing for (and, if the award is made to us, in executing) the above

contract, we will strictly observe the laws against fraud and corruption in force in India namely

“Prevention of Corruption Act, 1988” and its subsequent amendments thereof.

We hereby certify and confirm that in the preparation and submission of our Proposal, we have not acted in concert or in collusion with any other Bidder or other person(s) and also not done any act, deed or thing which is or could be regarded as anti-competitive. We further confirm that we have not offered nor will offer any illegal gratification in cash or kind to any person or agency in connection with the instant Proposal. Dated this ..........................Day of ......................, 20……. .................................................... (Name of the Bidder) .................................................... (Signature of the Bidder / Authorised Person) .................................................... (Name of the Authorised Person)

47

Appendix VI ANNEXURE A

Annual Average Turnover of the Firm / Consortium

[On the letterhead of Bidding Company/Each Member in a Bidding Consortium]

To,

Chief Executive Officer

Maharashtra Maritime Board

Indian Merchantile Chambers, R. Kamani Road

Mumbai, Maharashtra - India

This is to certify that average annual turnover of _________________________ {insert the name of

bidding entity/ consortium partner}, as on 31st March, 2018 is Rs ________ . The details are

appended below.

S.No. Year Turnover in INR

Authorized Signatory Statutory Auditor / Chartered Accountant

(Power of Attorney holder) (Stamp & Signature)

(Please also affix Company seal of Bidding Company/ Lead Member in a Bidding Consortium)

48

Appendix VI – Annexure B

Net Worth Certificate

[On the letterhead of Bidding Company/Each Member in a Bidding Consortium]

To,

Chief Executive Officer

Maharashtra Maritime Board

Indian Merchantile Chambers, R. Kamani Road

Mumbai, Maharashtra - India

This is to certify that average Net worth of _________________________ {insert the name of

bidding entity/ consortium partner}, as of 31st March, 2018 is Rs ________ Crores. The details are

appended below.

Particulars Amount (Rs. In Crores)

31st March 2016 31st March 2017 31st March 2018

Equity Share Capital

Add: Reserves

Subtract: Revaluation Reserve

Subtract: Intangible Assets

Subtract: Miscellaneous Expenditure

to the extent not written off and

carried forward losses

Net Worth

Authorized Signatory Statutory Auditor / Chartered Accountant

(Power of Attorney holder) (Stamp & Signature)

(Please also affix Company seal of Bidding Company/ Lead Member in a Bidding Consortium)

49

Appendix VII: Format of Commercial Proposal

ORIGINAL

Format for submission of Commercial proposal

(on the letter-head of the Bidder/ Lead member of the Consortium)

Dated:

To,

The Chief Executive Officer

Maharashtra Maritime Board,

2nd Floor, Indian Mercantile Chambers,

R. Kamani Marg, Ballard Estate, Fort,

Mumbai, Maharashtra 400011

Dear Sir,

Sub: Commercial Bid for __________________

With reference to your RFP document dated .I/we, having examined the Bidding

Documents (including the proposal from original proponent) and understood their contents,

hereby submit my/our Commercial Bid for the aforesaid Project.

We offer to pay a premium over and above the minimum license fees mentioned in Annexure

“D” of Advertisement Guidelines for Maharashtra Coastline @ ………. Rs per sq ft.

The premium fees has been quoted by me/us after taking into consideration all the terms and

conditions stated in the RFP, our own estimates of costs and after a careful assessment of the

site and all the conditions that may affect the project cost and implementation of the project.

I/ We shall keep this offer valid for 180 (one hundred and eighty) days from the Bid Sumission

Closing Date specified in the RFP. The Bid is unconditional and unqualified.

In witness thereof, I/we submit this Commercial Proposal under and in accordance with the

terms of the RFP document.

Yours faithfully,

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

Place: Name and seal of Bidder/Lead Member

50

Appendix VIII – Proposal submitted by the Original Project Proponent

1. Length & breadth of barges are approximately 20 & 5m respectively and draft suitable as per

location

2. Measurement of proposed advertisement on one barge is 20m x 5m (65.61 ft x 16.40 ft)

3. The payable charges will be applicable according to actual size of the advertisement.

4. Vessels will operate along coast line of sea face & will not stray into shipping routes at any point

of time