January 2018 - IPA · January 2018 (Revised) ... Jeyakumar, Chairman, MGPT e) Shri P C Parida, ... While inviting price bid, Resume/CVs of the team to be deployed

January2018 (Revised)

Panel of Transaction

Advisor for PPP Projects

A Guide for Use of the Panel

Indian Ports Association Centre of Excellence

2

1. Introduction 3

2. Transaction Advisors 4

3. Roles of panel of transaction advisors 5

4. Brief scope of Transaction Advisory Services 5

5. Guidelines to be followed for use of empanelled list 7

6. Step by step for transaction advisors 7

7. ANNEXURE I – Category wise empanelled transaction advisors 9

for PPP projects in major ports in India

8. ANNEXURE II – Step by step guide for individual ports to select & appoint 14

transaction advisors from the available panel

9. Appendix

RFQ and clarifications

3

DOCUMENT FOR EMPANELMENT OF TRANSACTION ADVISORS AS PART

OF ESTABLISHMENT OF CENTRES OF EXCELLENCE TO BE CIRCULATED

ACROSS MAJOR PORTS

1. INTRODUCTION

Governing body of Indian Ports Association (IPA) in its 169th meeting held on

30th September, 2016 at Kandla, deliberated to expand the role of IPA and

establishing the Centres of Excellence in the various functional areas relating

to Port Operations and Management to help the Major Ports. It was also

discussed that IPA can empanel quality Consultancy firms and individual

Consultants in various areas. Once this kind of panel is prepared after open

tender process and stringent scrutiny by IPA, Major Ports can make use of this

panel and seek only financial bids and CVs of Project Management Team from

those in the panel depending upon the Terms of Reference.

After detailed deliberations, Governing Body identified and approved 42

focus areas in total and also constituted a committee consisting of the

following members to guide IPA in finalising the modalities for the

empanelment process of Consultants/ Consultancy firms:

a) Chairman, IPAb) MD, IPAc) Shri Rinkesh Roy, Chairman, PPTd) ShriI. Jeyakumar, Chairman, MGPTe) Shri P C Parida, Chairman, NMPTf) Shri Cyril C. George, Dy Chairman, CHPTg) Shri S K Madabhavi, CE JNPT

Later on, one more focus area namely ‘Capacity Building’ was also identified, which make a total of 43 focus area.

The aforesaid 43 focus areas are categorised into the following groups:

Group I – Projects

Group II – Environment, Coastal Management & Green Port Initiatives

Group III – Finance/Taxation/Investment

Group IV – Audit

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ACROSS MAJOR PORTS

Group V – Town Planning

Group VI – Legal

Group VII – Disaster Management

Group VIII – Others (Business Development / HR / Welfare)

Group IX – Capacity Building

2. TRANSACTION ADVISORS

The Transaction Advisors fall under Group I – Centre of Excellence of

“Projects”. The following is the list of focus areas under Group I projects under

which Transaction Advisors have been empanelled.

Group 1 - Projects

Sl # Focus Areas

1

Project Management including PPP Projects

Transaction Advisory for Projects

Preparation of Feasibility Studies

2

Preparation of DPR for Port Projects (Civil, Electrical)

Lock Gate systems, Pumping stations and sluice systems

Dredging Works

3 Marine Construction Work

4 Bunkering

5 Railway Works / Railway Projects

6 Marina

7. Coastal Road Works

8. Ship Repair yards

5



ACROSS MAJOR PORTS

3 ROLES OF PANEL OF TRANSACTION ADVISORS

a) The Panel is intended to streamline the tendering process for the

engagement of Transaction Advisors for PPPs in port projects; enable fast

access to firms that have been pre-qualified against relevant criteria; and

ensure transparency and accountability through clear definition of the

processes and the role and responsibilities of the agencies and the private

sector.

b) Where Sponsoring Authorities (Individual Ports) are seeking a quote from

a empanelled firms, the Sponsoring Authority (here Major Ports or their

associated entities) concerned should directly approach those firms. A full

listing of category-wise empanelled firms and their contact details is

provided in Annexure 1.

c) The Panel is valid for a period of three years. During this period, Major

Ports in may remove firms from the Panel if it concludes that they have

not demonstrated adequate capability of providing the required services

in a professional manner or add new firms, after due diligence. Any

information on change in the Panel will be made available by circulation

and through the IPA website.

4. Brief scope of Transaction Advisory Services for Class-A for PPP Projects more

than Rs. 250 Crores as per RFQ dated 24/2/2017.

Preparation of Techno Economic Feasibility Report, if required.

Preparation of Expression of Interest PPP (BOT/Captive) projects and its

evaluation.

As per the Model Documents of Ministry, preparing RFQ on the basis of

Feasibility Report and updated figures, data and statistics, scrutiny &

evaluation thereof.

Preparation for Pre-Bid and other meetings, conducting the same, preparing

replies/clarifications in consultation with officials of Ports.

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ACROSS MAJOR PORTS

Preparation of Tariff Proposal as per prevailing standard guidelines issued by

TAMP, clarification to the queries raised by TAMP and assist Port for

finalization of the same from TAMP.

As per Model Document of Ministry, preparing RFP, issuance, scrutiny and

evaluation thereof.

As per Model document of Ministry, preparing Draft Concession Agreement,

and finalize the same.

Follow-up of compliance and scrutiny of conditions precedent and final

closure.

Preparing material for the Board Meeting for obtaining approvals at various

stages.

Preparation of letters, drafts, etc. for obtaining Govt. approvals including

Security Clearance, etc.

Co-ordination and correspondence with concerned statutory State/Central

Govt. organizations/persons.

Providing Transactional and Legal advice as required.

Provide necessary technical, financial and legal assistance from time to time.

For appointment of consultant /technical advisor for PPP projects, frame

bidding documents & subsequent evaluation thereof.

Furnish clarification to query from RFQ applicants/bidders, Ministry, TAMP

or any other statutory Authority.

After signing of agreement with concessionaire, provide financial/legal

opinion on implementation & operation of terminal.

Scrutiny of various policies /guidelines issued by statutory authorities from

time to time and suggest any action to be taken by Ports.

Frame the various formats by incorporating information there be sent to

concerned authority.

To work out sustainable Royalty Revenue Share for PPP Projects.

To scrutinize security clearance information of bidders/RFQ Applicants.

To frame proposals like but not limited to SFC, EFC, PPPAC, CCEA etc. to

take approval of competent authority.

To frame presentation to be made by Port before Authorities for finalization /

evaluation to seek approval of proposal

To attend the meeting and assist Port officials in respect to finalization,

evaluation & approval of project.

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ACROSS MAJOR PORTS

To frame documents for appointing of Independent Engineer and evaluation

thereof.

Any other matter related to procedural issues of PPP.

5 GUIDELINES TO BE FOLLOWED FOR USE OF EMAPENLLED LIST

The Governing Body has approved the following General Guidelines in its

173rd meeting held on 3/11/2017 for use of Empanelled List which will also be

applicable to Transaction Advisors

(i) If estimated consultancy fee is Rs. 2 crores and above, only

Category-A empaneled list will be used. If estimated consultancy fee

is less than Rs. 2 crores, then the Ports are at their discretion to use

any of the empaneled lists or combined lists viz. Category A, B, C &

D.

(ii) While inviting price bid, Resume/CVs of the team to be deployed

for a particular project shall be asked for and those CVs shall be

evaluated based on QCBC compliance i.e. evaluated on 70:30 basis.

(iii) While giving an advertisement, minimum 21 days’ time shall be

given for submission of offers (i.e. Price Bid plus CVs).

6 STEP BY STEP GUIDE FOR TRANSACTION ADVISORS

A summary of the steps that Sponsoring Authorities (Individual Ports) need to

take in determining whether the Panel is applicable to their requirements, and

the procedure in appointing Panel members to act as Transaction Advisors is

annexed at Annexure – II. These steps have been adopted from the Guide Note

for “Panel of Transaction Advisors for PPP Projects” issued by Department of

Economic Affairs, Ministry of Finance, Govt. Of India in the year 2008 to suit

the requirement of Major Ports.

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ACROSS MAJOR PORTS

OTHERS:

A) Minimum Qualification of Full Time Equivalent (FTE) for professional.

i) Finance Key Personnel : Either CA or ICWA or CFA or MBA

(Finance)

ii) Legal Key Personnel : Bachelor of law or any equivalent degree in

law and above.

B) List of Empanelment will be updated at regular interval by IPA.

9



ACROSS MAJOR PORTS

ANNEXURE 1

CATEGORY WISE EMPANELLED TRANSACTION ADVISORS FOR PPP

PROJECTS IN MAJOR PORTS IN INDIA

CATEGORY A

Offer

No.

Name of Firm/Consortium

& Address

Contact Person Tel. Nos. & Email

1

Ws.PricewaterhouseCoopers Pvt. Ltd.

17th Floor, Tower 10C

DLF Cyber City, Gurgaon --122 002, Haryana

Mr.Manish R Sharma 0124-3306414

[email protected]

2

Consortium:

Mr.Kushal Kumar Singh 0124-6792893

[email protected]

IVI/s.Deloitte Touche Tohmatsu India LLP in association with

M/s.Orbit Law Services.

Lead Member:

M/s.Deloitte Touche Tohmatsu India LLP

7th Floor, Building No 10 B,

DLF Cyber City Complex, DLF Cyber City Phase II,

Gurgaon — 122 002, Haryana

3

M/s.Almondz Global Securities Limited (Division-Almondz infrastructure Consultants)

2nd Floor, 3, Scindia House,

Janpath, New Delhi — 110 001. Corporate Address:

F-33/3, Okhla industrial Area, Phase-II, New Delhi — 110 020.

Mr.Ashwini Ghai (Mobile

No.9810837950)

011-41514666/ 43500700-800 Mobile No.9810837950

[email protected]

10



ACROSS MAJOR PORTS

Offer

No.


& Address

Contact Person Tel. Nos. & Email

4

Consortium:

Mr.Gul Basantani (Mobile

No.981066478)

0124-4814444

[email protected]

M/s.Mazars Advisory LLP (Previously known as Mazars Advisory Private limited) in

association with M/s.Singhania git Partners LLP.

Lead Member:

M/s.Mazars Advisory 1113

Mazars House, Plot No.421, Udyog Vihar, Phase- IV,

Gurugram — 122 016, Haryana

5

Consortium:

Mr. Pramod Seth 011-46702246/09811297522

[email protected]

M/s. Credible Management & Consultants Pvt. Ltd.

JV Partner: M/s. Globe Infratech Limited

Lead Member:

M/s. Credible Management & Consultants Pvt. Ltd.

R-177, Greater Kailash-1, New

Delhi - 110001

6

M/s. Infrastructure Development Corporation (Karnataka) Limited.

9/7, K.C.N. Bhavan,

Yamunabai Road, Madhavnagar Extension,

Off Race Course Road, Bengaluru-560001

Mr. Debashis Ghosh 080-43448000

[email protected]

7

M/s. Ernst &Young LLP

3rd & 6th floor, Worldmark-1, IGI Airport Hospitality District,

Aero City, New Delhi-110037

Mr. Nripesh Kumar 011-66718000

Email : [email protected]

11

DOCUMENT FOR EMPANELMENT OF TRANSACTION ADVISORS AS PART OF

ESTABLISHMENT OF CENTRES OF EXCELLENCE TO BE CIRCULATED ACROSS

MAJOR PORTS

Offer

No.


& Address Contact Person Tel. Nos. & Email

8

Consortium:

Mr. Ghanshyam Dubey

9534396299

[email protected]

M/s. VDS Consulting Services Pvt. Ltd.,

in association with M/s. Maritime & Transport

Business Solutions B.V.

Lead Member:

M/s. VDS Consulting Services Pvt. Ltd.

The Springs CHS, Flat No. A/901,

Plot No.4, Sector-20, Navi Mumbai-410218

9

Consortium:

Ms. Poonam Goyal (Mobile No.

8802403222)

022-43022300

[email protected]

M/s.Darashaw & Co. Pvt. Ltd. in association with

M/s.IIFCL (Projects) Limited and M/s.Legacy Law Offices

Lead Member:

M/s.Darashaw & Co. Pvt. Ltd.

A-238, 2nd floor, Defence Colony,

New Delhi-110024

Registered Office: 1205-06, Regent Chambers,

208, Nariman Point, Mumbai-400021

10

M/s. KPMG Advisory Services Pvt. Ltd.

Building No. 10C, 8th floor,

DLF Cybr City, Gurgaon-122002, Haryana.

Mr. Anish Dey 09810453776

[email protected]

11

M/s. Feedback Infra Pvt. Ltd 15th Floor, Tower 9B, DLF Cyber

City Complex, DLF Cyber City Phase III Gurgaon -122002,

Haryana.

Ms. Aditi Vyas 09810789181

[email protected]

Note : (*) Subsequently added vide notification no IPA/GAD/Consultant-TA/2016 dated 17/01/2018 to All Major Ports

12

DOCUMENT FOR EMPANELMENT OF TRANSACTION ADVISORS AS PART OF

ESTABLISHMENT OF CENTRES OF EXCELLENCE TO BE CIRCULATED ACROSS

MAJOR PORTS

CATEGORY B

Offer

No.


& Address Contact Person Tel. Nos. & Email

12

M/s.Gianerider & Associates

Plot No. 6, Site No. 21, Geeta Mandir Marg, New Minder

Nagar, New Delhi — 110 060.

Mr.G. K. Agarwal 011-42412008/28743942

[email protected]

13

Consortium:

Mr. Jagannarayan Padmanabhan

022-33421874

[email protected]

M/s. CRISIL Risk and Infrastructures Solutions Limited in

association with M/s.Lead Law Advocates

Lead Member:

M/s. CRISIL Risk and Infrastructures Solutions Limited

CRISIL House, Central Avenue, Hiranandani Business Park, Powai

Mumbai-400076

14

Consortium:

Ms. Padma Priya J, Director

08042430700

[email protected]

M/s Grant Thornton India LLP In association with

M/s.Link Legal-India Services

Lead Member:

M/s Grant Thornton India LLP 5th Floor, 65/2, Block A,

Bagmane Tridib, Bagmane Tech Park,

C V Raman Nagar, Bengaluru-560093

15

Consortium:

Mr.Amit Kumar Rajhans

022-26655335/9867687797

[email protected]

M/s. Tandon Urban Solutions Pvt. Ltd.

in association with M/s.RebelGroup International BV

Lead Member:

M/s. Tandon Urban Solutions Pvt. Ltd.

701, Harbhaajan Building, Kalina, Santacruz - East, Mumbai-400098

13

DOCUMENT FOR EMPANELMENT OF TRANSACTION ADVISORS AS PART OF ESTABLISHMENT OF CENTRES OF EXCELLENCE TO BE CIRCULATED

ACROSS MAJOR PORTS

CATEGORY C

Offer No.

Name of

Firm/Consortium &

Address

Contact

Person Tel. Nos. & Email

16

M/s.Resurgent India Limited 903-906, Unitech Business Zone

Tower-C, Nirvana Country, Sector-50, Gurugram —122 018, Haryana

Mr.Sudhir Chandi 0124-4754550

[email protected]

17

Consortium:

Ms. Saugata Maitra

09830070624/09830823006

[email protected]/ [email protected]

M/s.Jones Lang LaSalle Property Consultants (India) Pvt. Ltd.

Association Partner: M/s. Axis Bank Ltd.

Lead Member:

M/s.Jones Lang LaSalle Property Consultants (India) Pvt. Ltd.

No. 1110, 11th Floor, Ashoka Estate, Barakambha Road, Connaught Place,

New Delhi-110001

18

Consortium:

Mr. Ranvir Singh 022-49265000/9870892968

[email protected]

M/s.Alia Consulting Solutions Pvt. Ltd. in association with

M/s.Stig B.V.

Lead Member:

M/s.Alia Consulting Solutions Pvt. Ltd.

44, 4th Floor, Maker Chamber-3 Nariman Point,

Mumbai-400021

19

M/s.DRA Consultant's Ltd, Nagpur 58, Ingole Nagar, Opp. Airport,

Behind Hotel Pride, Wardha Road, Nagpur - 440005

Mr. Jatin Rathi 9922954932/0712-3027575

[email protected]

20

M/s.a'XYKno Capital services Private Ltd

Level 3, Lila Vista West High Court, Bajaj Nagar

Nagpur-440010

Mr. Nivesh Modi

0712-6451999/6452999

[email protected]/ [email protected]

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ACROSS MAJOR PORTS

ANNEXURE - II

STEP BY STEP GUIDE FOR INDIVIDUAL PORTS TO SELECT & APPOINT

TRANSACTION ADVISORS FROM THE AVAILABLE PANEL

Step 1

Ensure the project meets the eligibility criteria

The Panel has been developed to provide pre-qualified Transaction Advisors

for all manner and kind of PPP projects to be delivered within Major Ports in

India. The first step is to confirm that the project under consideration is

amenable to be a PPP Project.

The Panel should generally be used for projects with a capital cost more than

250 crores. If the projected capital costs exceed that level, the Panel is unlikely to

be appropriate. The Panel has sought integrated offers to provide both

commercial/financial and legal advice. Larger projects will often have to use

separate commercial/financial and legal advisors.

The Panel should be used for PPP projects. Broadly defined, a PPP project is

based on a contractor concession agreement between a Government or Statutory

Entity (here the Major Port) and a private sector company for delivering a

service on payment of user charges. A PPP Project must be categorized by an

equitable risk sharing model between both contracting agencies.

Prior to using the Panel, the Sponsoring Authority (here the Major Port) should

confirm that the project under consideration meets the following conditions:

15

Government facilitation is required, whether in purchasing the output,

other direct financial support to the project’s viability, or supporting

inputs (such as land acquisition); and

The concessionaire will be required to finance the project, and recover the

capital costs over time, through user charges/annuities. Typical

concession period is likely to be 15 to 30 years, and in some cases longer.

A contract where the contractor receives payment for the capital cost at

an earlier stage (such as on successful commissioning) and not based on

life-cycle costs that include maintenance for the period, is not eligible.

The reason for limiting the Panel to projects of this kind is that they raise distinctive

problems in their execution. The Panel of advisors has been selected on the basis of

their capability to advise on projects of this kind.

Step 2

Develop specific terms of reference for the assignment

The Panel is intended as a source of advisors to assist with implementation of a

transaction. The Panel is not intended for use for preliminary analysis, for

instance to determine whether the project is viable, and to determine whether it

should be procured through a PPP contract or some other means.

The terms of reference for the assignment should relate to the successful

execution of a PPP transaction.

There are many different stages at which the Transaction Advisor could

become involved, and many different ways of allocating the tasks between the

Sponsoring Authority (here Major Ports or their associated entities) and the

Transaction Advisor. The Transaction Advisor needs to understand clearly

what tasks they will undertake and what resources they will require, in order to

provide a financial offer for undertaking the transaction. The terms of reference

should therefore set out both what needs to be done, and the supporting inputs

16



ACROSS MAJOR PORTS

that will be provided by the Sponsoring Authority (or other advisors) and the

role that the Transaction Advisor needs to play.

An indicative list of tasks that could be considered in developing the terms of as

listed at para 3 (Page 3)

Panel members have been selected on the basis of their capability and

experience in discharging a lead role in transactions and providing commercial,

financial and legal advice. They are unlikely to have detailed technical or engineering

expertise. Where further technical advice is required, the technical advisors

should be procured separately by the selected Transaction Advisors. The terms

of reference of the Transaction Advisors should not include any tasks (such as

detailed design of the technical specifications) which need to be undertaken by

technical specialists. Generally, this task is left to the contracted private party.

Step 3

Determine which Panel member to approach

The individual Major Ports would need to seek an indication from Panel

members which of the sectors in which they have had previous experience in

undertaking transactions. Each Panel member would need to provide an

updated list of their experiences, that is in specific areas in the Port

Development and Management where their experiences would matter.

Before approaching Panel members, the Sponsoring Authority (here Major

Ports or their associated entities) should carefully consider whether it wishes to

seek advisors with previous expertise in the expertise area applicable to the

project. This will reduce the number of eligible Panel members, and, therefore,

reduce the number of competitors.

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ACROSS MAJOR PORTS

Step 4

Seek a proposal and financial quote from the selected Panel members

Having identified the project for PPP structuring, the Sponsoring Authority

(here Major Ports or their associated entities) should request a proposal (RFP)

from all or at least five members of the Panel on a QCBS basis (70:30) (refer 4

ii). The RFP should clearly define the tasks to be undertaken by the

Transaction Advisor, the key deliverables, the timelines and the evaluation

criteria. The RFP should also provide background on the project, how it is

currently being managed, and (where relevant) the role of other advisors.

It is possible to structure the fee in two parts. The first part would be the lump-

sum fee to be quoted by the Transaction Advisor as the financial bid (the

bidding parameter), and would be released against pre-determined

milestones. The second part, as an incentive, could be a predetermined success

fee, payable on the project reaching technical close, i.e. on signing of the

Concession Agreement by the prospective concessionaire for the PPP project.

The quantum of the success fee, to be recovered from the concessionaire, could

be 50-100 percent higher than the cost of transaction actually incurred by the

Transaction Advisor, excluding outsourced work, expenses incurred by the

Sponsoring Authority (here Major Ports or their associated entities) and such

similar costs. The percentage of return on the actual cost of transaction (say 50-

100 percent) should be specified in the RFP to enable the Transaction Advisors

to determine their most competitive financial bid.

The proposal from the selected Panel member should provide a detailed

description of the resources that will be applied to the assignment, especially

18



ACROSS MAJOR PORTS

adequately experienced personnel, capable of and devoted to the successful

accomplishment of work to be performed under the contract. The Panel

member must agree to assign specific individuals to the key positions and that,

once assigned to work under this contract, key personnel shall not be removed

or replaced without written notice to the Authority. If key personnel are not

available for work under this contract for a continuous period exceeding thirty

(30) calendar days, or are expected to devote substantially less effort to the

work than initially anticipated, the Panel member shall immediately notify the

Sponsoring Authority (here Major Ports or their associated entities), and shall,

subject to the concurrence of the Sponsoring Authority, replace such personnel

with personnel of substantially equal ability and qualifications.

The Panel member should confirm that there is no conflict of interest in taking

up this Transaction Advisory assignment. Sponsoring Authority (here Major

Ports or their associated entities) should take an undertaking from the

tendering Panel member or consortia, that they/their affiliates will not bid

for/rate the same projects.

In case the Panel member is a consortium, change in composition of the

consortium shall not be permitted by the Sponsoring Authority (here Major

Ports or their associated entities).

In short, the RFP should contain the following:

A letter of invitation; Information to consultants regarding the

procedure for submission of proposal;

Terms of Reference (ToR);

List of key position whose CV’s and experience would be evaluated;

(refer 6A)

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ACROSS MAJOR PORTS

Standard formats for financial proposal;

Proposed contract terms;

Procedure proposed to be followed for midterm review of the progress

of the work and review of the final documents.

Step 5

Evaluate proposals from Panel members

The Panel members have already been pre-qualified as capable of providing

transaction services. A further technical offer and evaluation is not required. It is

expected that appointment will be on the basis of a financial evaluation as well as

review of CVs after QCBS (70:30) (refer 4 ii). However, the Sponsoring Authority

(here Major Ports or their associated entities), while evaluating should ensure that:

i. The Panel member has confirmed its acceptance of the deliverables; has

confirmed its capability and resources to meet the deliverables within the

timeline set out in the RFP;

ii. The Panel member has confirmed that they face no conflict of interest in

undertaking the assignment. A conflict of interest will arise if the Panel

member, or its parent company, is advising potential bidders for the PPP

project, or if the Panel member or its parent company is considering a debt or

equity involvement in the project or is required to rate the proposed PPP

project. It is therefore, recommended that the Sponsoring Authority (here

Major Ports or their associated entities) appointing the Transaction Advisors

should ensure that such a conflict of interest does not exist or arise.

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ACROSS MAJOR PORTS

Step 6

Sign a contract with the successful Panel member

Sponsoring Authorities (Major Ports along with its associated entities) using

the Panel should note that they will be the party contracting with the Panel

member. DEA has established the Panel, but will not be involved in any

contracts between Sponsoring Authorities and Panel members.

After the completion of evaluation process and the selection of the preferred

Panel member, the Sponsoring Authority (here Major Ports or their

associated entities) must send a letter of appointment together with a

contract of engagement.

The Sponsoring Authority (here Major Ports or their associated entities) will

rely on the Transaction Advisor for managing the transaction up to the

award of the PPP contract. It is of great importance that the contract clearly

sets out: The role and functions of the Transaction Advisor and of other

parties, key deliverables, timelines, and accountabilities; The basis on which

the Transaction Advisor will be paid; The reporting requirements to ensure

the Sponsoring Authority is well informed on progress on the PPP

transaction, and on any issues arising; and Probity requirements, including

the need to actively monitor any possible conflicts of interest, and the need to

maintain project confidentiality, supported by a Deed of Confidentiality.

Major Ports would be separately providing advice on standard terms and

conditions in a contract with a Transaction Advisor

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ACROSS MAJOR PORTS

Step 7

Commencement of service

After signature of the contract, the Transaction Advisor can start work.

The Sponsoring Authority (here Major Ports or their associated entities)

should ensure that a full and comprehensive briefing is provided to the

Transaction Advisor to assist an early and effective start on the assignment.

The Sponsoring Authority (here Major Ports or their associated entities)

should also ensure that all relevant parties, including project staff within the

Sponsoring Authority itself, other institutions involved in the project, and

other advisors working on the project are informed of the appointment of the

Transaction Advisor.

Step 8

Report performance to the individual Major Port Contract Manager

The Panel has been established by IPA to assist agencies in identifying and

retaining Transaction Advisors. It is of importance that IPA/Major Port

receives feedback on the performance of Panel members to ensure the

ongoing quality, and the effectiveness of the Panel arrangement.

Sponsoring Authorities should inform IPA when a Panel member is

appointed to provide transaction services and provide a report on

performance after completion of the Transaction Advisor’s assignment.

1

Request for Qualification (RFQ)

FOR

EMPANELMENT OF TRANSACTION

ADVISORS (TA)

FOR

PPP PROJECTS

Indian Ports Association

1st Floor, South Tower, NBCC Place

B. P Marg, Lodi Road

New Delhi - 110 003

Ph No : 011-24369061/63; Fax No : 011-24365866

INR 10,000/-

(February 2017)

2

LETTER FOR ISSUE OF RFQ FOR THE

“Empanelment of Transaction Advisors (TA)” The set of RFQ document is issued to:

Name : _____________________________________________

Address : ____________________________________________________________

____________________________________________________________

____________________________________________________________

The cost of the RFQ document is INR 10,000/- (Indian Rupees Ten Thousand only)

IPA Signature of the Officer

Issuing the RFQ Document : _______________________________________________

3


IPA/GAD/Consultant-TA/2017

24/02/2017

Notice for Empanelment of Transaction Advisor for Major Ports

Indian Ports Association has been assigned by Ministry of Shipping, Govt of India with the task

of preparation of panel of Transaction Advisors for different types of consultancy services for use

by the Major Ports as and when required. Accordingly, Indian Ports Association invites Requests

for Qualification (RFQ) for empanelment as Transaction Advisors for class namely:

Class-A (Transaction Advisory Services for the PPP Projects with Estimated Cost of

Project more than 250 Cr ).

The panel will be valid for a period of 3 years.

The panel may be used by Major Ports by inviting financial bids as and when required for their

projects/works. The detailed terms and conditions including evaluation criteria and application

fee are available in the web site www.ipa.nic.in.

The schedule for receipt of the application is as follows:-

1. Submission of document fee of Rs.10, 000/- for each RFQ on or before 1500 Hrs on

06/03/2017.

2. Receiving of queries/request for clarifications on or before 3.00 pm (1500 Hrs) on 05/03/2017

3. Pre-bid meeting on 06/03/2017 at 3.00 pm (1500 hrs) at IPA, New Delhi.

4. Receipt of offers on or before 3.00 pm(1500 Hrs) on 27/03/2017

5. Opening of offers at 3.30 pm (1530 Hrs) on 27/03/2017

Reputed and interested Parties/consulting firms/consortia may download the RFQ from the

above website and send in their response to the Managing Director, Indian Ports Association,

1st. floor, South Tower, NBCC Place, Bhisham Pitamah Marg, Lodi Road, New Delhi- 110 003.

In case, if RFQ is downloaded from website, the requisite application fee of Rs 10,000/- in form

of Demand Draft, in favor of Indian Ports Association shall be submitted along with bid.

4


Empanelment of Transaction Advisors (TA) for PPP Projects of Major Ports

1. INTRODUCTION

India’s ports comprise of 12 major ports and around 200 non-major ports along the coast and

islands. The Major Ports except one i.e. Kamarajar Port (Ennore) are managed by the

respective Port Trust Boards and the Kamarajar Port is in the form of Public Limited

Company. All the Major Ports are administered by the Central Government under Ministry of

Shipping. The total volume of traffic handled by all the Indian Ports during 2014-15 was

1052.00 million tonnes and the major ports account for around 55% of total sea-borne trade.

The Government of India has formulated

“National Maritime Agenda 2010-20” in which, a number of development projects has also

been identified under five projects heads viz. deepening of channels, construction and re-

construction of berths, procurement / modernization of equipment, hinterland connectivity

and various other developmental works to be taken up, in order to meet the projected traffic

and estimated capacity. The expected investment for the Major Ports from 2010-2020 is

127942.35 crores.

The detail of the expected investment under the National Maritime agenda is as under:

Sl.

No

PROJECT HEAD No. of

Projects

Project Cost

(Rs. In Crore) 1. Port Development 36 70,178.19

2. Port Modernization 32 9,982.80

3. Port Led Development 33 1,50,657.80

4 Shipbuilding, Ship Repair and Ship Breaking 13 9,560.24

5. Maritime Education, Training and Skill Development 4 1,191.50

6. Inland Water Transportation and Coastal Shipping 27 7,414.14

7. Investment Opportunities in Maritime States 46 37,754.00

8. Cruise Shipping and Light House Tourism 9 3,202.48

5

9. Hinterland Connectivity and Multimodal Logistics 36 1,13,376.00

10. Green Port Initiatives 4 419.00

TOTAL 240 4,03,736.20

(Figures provided above are dated and may need to be revised!!!)

Around 240 projects in the maritime sector for investment have been short listed. List of

these projects are listed at Annexure-I. To execute these projects, Ports would require the

services of the consultants to assist the Ports in various activities like preparation of

Feasibility / Project reports, tariff proposals, appointment of transaction advisors &

independent engineers, preparation of EMP reports, and project monitoring etc. To this

endeavor, Indian Ports Association on the direction of Ministry of Shipping has mandated to

prepare a panel of consultants for the various types of consultancy services, which may help

the various Port Trusts in speedy selection/ appointment of consultants as when required.

Through, the present exercise, the panel of consultants will be prepared through

assessment of technical and financial capacity for various disciplines of consultancy

services that may be required by the Ports with reference to the estimated cost of the

projects. The panel so prepared will be valid for three years from the date of engagement.

However, the application for addition to the empanelled list it will be done based on fresh

RFQs published in leading newspapers / website of IPL for Transaction Advisors once in

every six month. In case of deletion from list the same would be owing to unsatisfactory

performance as per contract with individual empanelled TA advisors.

2. Objective

The objective of the tender is to prepare a panel of Transaction Advisors for PPP Projects use

by the major ports. The individual Major Port seeking Advisory Services on their port activity

shall then invite competitive price offers from the panel of Transaction Advisors so prepared

for the respective activities and at that time shall also prescribe Terms of Reference and Terms

of Payment.

3. Broad Role of Transaction Advisors

Transaction Advisors are normally required for rendering their services in Technical,

Financial & Legal services for PPP Projects of all Major Ports.

6

In short, they shall be instrumental in conceptualization of the PPP projects till

implementation. However, while inviting the RFP, concerned Port will spell out the detailed

scope of work of Transaction Advisor.

4. Entering into Agreement on RFP

4.1 On selection of the Transaction Advisor, the concerned Major Port Trust" will enter

into agreement in the form prescribed by them. The format of agreement will be

enclosed by the Port Trust while seeking financial offers.

4.2 The invitation of the applications for enrolment as Transaction Advisor for

PPP Projects will have a pre-bid meeting before submission of final application for

evaluation. The Pre-Bid conference will be held on 06/03/2017 at 3.00 pm (1500 hrs)

at IPA, New Delhi.

The applicants, who have submitted application fee, will only be allowed to participate in the pre-

bid meeting. All the queries must be submitted one day before the pre-bid meeting. No fresh

queries will be allowed thereafter. The clarifications will be issued as early as possible so as to

have at least 10 days time for submitting the bid.

5. CATEGORIES OF EMPANELMENT

5.1 Class-A: Transaction Advisory Services for the PPP Projects with Estimated Cost of

project is more than Rs. 250 Cr.

6 Brief scope of Transaction Advisory Services for Class-A for PPP Projects.

Preparation of Techno Economic Feasibility Report if required.

Preparation of Expression of Interest PPP (BOT/Captive) projects and its evaluation.

As per the Model Documents of Ministry, preparing RFQ on the basis of Feasibility Report and updated figures, data and statistics, etc. ,scrutiny & evaluation thereof.

Preparation for Pre-Bid and other meetings, conducting the same, preparing replies/clarifications in consultation with officials of Ports.

Preparation of Tariff Proposal as per prevailing standard guidelines issued by TAMP,

7

clarification to the queries raised by TAMP and assist Port for finalization of the same from TAMP.

As per Model Document of Ministry, preparing RFP, issuance, scrutiny and evaluation

thereof.

As per Model document of Ministry, preparing Draft Concession Agreement, finalize the same.

Follow-up of compliance and scrutiny of conditions precedent and final closure.

Preparing material for the Board Meeting for obtaining approvals at various stages.

Preparation of letters, drafts, etc. for obtaining Govt. approvals including Security

Clearance, etc.

Co-ordination and correspondence with concerned statutory State/Central Govt. organizations/persons.

Providing Transactional and Legal advice as required by Govt.

Provide necessary technical, financial and legal assistance from time to time from

Head Office.

For appointment of consultant /technical advisor for PPP projects, frame bidding documents & subsequent evaluation thereof.

Furnish clarification to query from RFQ applicants/bidders, Ministry, TAMP or any

other statutory Authority.

After signing of agreement with concessionaire, provide financial/legal opinion on implementation & operation of terminal.

Scrutiny of various policies /guidelines issued by statutory authorities from time to

time and suggest any action to be taken by Ports.

Frame the various formats by incorporating information there be sent to concerned authority.

To work out sustainable Royalty for PPP Project.

To scrutinize security clearance information of bidders/RFQ Applicants.

To frame proposals like but not limited to SFC, EFC, PPPAC, CCEA etc. to take

approval of competent authority.

To frame presentation to be made by Port before Authorities to finalization evaluation to seek approval of proposal

To attend the meeting and assist Port officials in respect to finalization, evaluation &

approval of project.

To frame documents for appointing of Independent Engineer and evaluation thereof.

Any other matter related to procedural issues of PPP.

8

7 Qualification Criteria for Empanelment of Transaction Advisor.

Stage-I

The Tenderers shall meet the following qualifying criteria:

7.1 Average annual turnover during the last 3 financial years ending 31st March (, 2013-

14, 2014-15 and 2015-16) should be at least, Rs 75 Lakhs

7.2 Experience of having successfully completed similar works during last 7 years,

ending last day of the month previous to

the one in which applications are invited should be either of following:-

For Class-A

a) Three completed similar works for the PPP Projects each costing not less than Rs 100

Crores.

OR

b) Two completed similar works for the PPP Projects each costing not less than Rs. 125

crores.

OR

c) One similar completed work for PPP projects costing not less than Rs.200 crores.

Similar Works: The Tenderer should have experience of providing Transaction Advisory

Services i.e. providing qualified Legal, Financial & Technical Experts with a minimum Three

years experience for carrying out PPP Transactions in any infrastructure Projects

9

Stage-II (Short listing/Scoring criteria for empanelment of Transaction Advisor).

8.0 Evaluation criteria for Class A :

8.1 Experience (Total : 55 Points)

8.1.1 For Class-A The applicant should provide details of completed assignments in the last 07 years to demonstrate experience in providing the consultancy service. For each assignment, the applicant should provide details of the nature of consultancy provided, the clients response, the further action taken by the client in implementation and its status as also the duration of the assignment including date of start and completion of the assignment and cost of project and total fees etc.

Demonstration of appropriate experience upto 55 points as per criteria given at Appendix-1.

Response : The applicant should submit clients completion

certificate for each assignment to support their claim along

with firm’s experience and team experience separately not

more than 2 pages for specific assignments by the authorized

person of the firm.

8.2 Human Resources (Total : 45 Points)

8.2.1 Full Time

Equivalent

(FTE)

professional

The applicant should indicate the team with the

team leader and the role and responsibility of

each key member.

Upto 15

points as per

criteria given

at Appendix-

1. Response : The applicant should indicate the details of

FTE professionals along with supporting documents for their

engagement and provide an organization structure of the

applicant indicating the FTE professional in that category.

8.2.2 Key

Personnel

The applicant should indicate the team key

personnel with experience in finance and legal

Upto 30

points as per

criteria given

at Appendix-

1.

10

Response : The applicant should submit curriculum vitae of the key

personnel, details of assignments carried out and claimed for duly

indicating their qualification and experience. The involvement of key

personnel in carrying out such similar nature of studies during the past

5 years should be in a brief write up by the key personnel of not more

than 2 pages for each assignment indicating their role, responsibility

and amount of involvement and duly certified by the firm should be

submitted.

The firm should also submit an "undertaking" that the key personnel

would be maintained during the actual assignment to be awarded in

case they are selected. In case replacement is inevitable, the equivalent

qualification and experienced key personnel will be inducted to

carryout the assignment in case of award.

Note: The ports will obtain such undertaking while calling financial bids from the empanelled consultants.

Note: 1) The applications, only of those bidders who qualified as per qualification criteria laid

down under stage-I, will be evaluated further against the qualification criteria laid

down under stage –II

2 ) The applicant has to score minimum 50% points in each of above sub criteria viz

8.1.1 ;8.2.1 & 8.2.2 for getting qualified.

8.3 Empanelment will be based on the marks obtained as per follows:

CATEGORY MARKS

Category A >/= 90

Category B >/= 80

Category C >/= 70

Shall not be considered for empanelment < 70

9. General Conditions

9.1 Conflict of Interest: The applicant or its affiliates should not have conflict of interest

with the project authority in taking up the Transaction Advisory Service assignment.

Applicants are required to provide details of any existing or potential conflict of

interest. It should be noted that applicants will be required to demonstrate that no

conflict of interest exists when providing or submitting financial proposal for specific

assignments to the concerned port by way of an Undertaking.

11

9.2 The applicant will be required to submit their financial offer strictly on the basis of

terms of reference provided by individual port without attaching any counter

conditions and certificate to this effect has to be furnished.

9.3 If there is any change in the key personnel or full time professionals, it should be

brought to the notice of IPA immediately for considering either to accept such

changes or otherwise. The details of qualification, experience etc. of such key

personnel when there is change and if they are replaced': with the equivalent level of

qualification, experience etc. the same may be intimated. In case the change of'

personnel/professional is ultimately not acceptable to IPA, the firm will not continue

to be empaneled.

9.4 The empanelment of Transaction Advisors will be valid for three years or extended

period as may be arrived at through mutual consent from the date of original

empanelment or any date stated in the empanelment letter.

9.5 The applicant has to submit along with the bid document Rs.10,000/- as non-

refundable application fee, which will be valid for 3-years irrespective of number of

disciplines quoted.

9.6 The empanelment made by IPA is intended to be used by all Major Ports.

9.7 In case of any dispute arising out of the empanelment, the decision of the Governing

Body of IPA will be final and binding.

9.8 For applicants who are subsidiaries of foreign companies (Equity of Foreign entity

more than 50%) and if their turnover are claimed, the IPA/Major Port shall insist a

letter from the Parent Company to make their services available to Indian Company

as required and demanded by IPA/Major Port without any extra. .fee liability for

such services to IPA/Major Port by such foreign company.

9.9 The applicant should have regular set up of a team of Persons having sufficient

experience in Technical, Financial & Legal as per requirement of PPP Projects.

9.10 When two or more firms are forming a consortium to participate in RFQ than one

firm shall become the lead member of the consortium and shall submit an

authorization letter for other members of consortium. The evaluation will be

conducted on the basis of performance of consortium as a whole against evaluation

12

criteria. However, no applicant applying individually or as a member of a

consortium, as the case may be, can be member of another applicant.

9.11 Even though applicants satisfy the necessary requirements they are subject to

disqualification if they have:

(i) Made untrue or false representation in the form, statements required in the

application document.

(ii) Records of poor performance such as abandoning work, not properly

completing contract, financial failures or delayed completion.

(iii) Submit fake, fictitious or fabricated documents in support of their work

experience, eligibility criteria etc

9.12 It may be noted that after empanelment, works shall be allotted to various Transaction

Advisors commensurate to their capabilities and capacities as assessed by IPA/Major

Port No representation in this respect will be entertained.

9.13 For the purpose of empanelment, applications received will be evaluated based on the

details furnished and minimum criteria stipulated at Clause 7 above. Further, the

Transaction Advisors who had applied already and were/are in the services of the

Major Ports will be reviewed by the Major Ports based on their past performance, if

required

9.14 Applicant has to furnish following undertaking along with bid: “I/we certify that in

the last three years, we/any of the consortium members have neither failed to

perform on any contract, as evidenced by imposition of 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”.

13

9.15 EARNEST MONEY DEPOSIT

No tender will be considered which is not accompanied by a sum of Rs.2,50,000.00

(Rs. Two lakhs and fifty thousand only) as Earnest Money Deposit . In the event of

the Tenderer withdrawing his tender before the expiry of 180 (one hundred and

eighty) days from the date of opening of the tender, the tender would be cancelled and

the earnest money deposit therewith would be forfeited by the IPA.

The Earnest Money shall be paid in the form of Demand Draft (DD) issued by a

Nationalized Bank / Scheduled Bank drawn on New Delhi Branch of the Bank in

favour of the Indian Ports Association, New Delhi. The EMD must be forwarded in

separate cover (cover I) along with Tender. In case, it is not forwarded as stated

above, the tender will be liable to be rejected. No cash remittance along with the

tender will be accepted. The amount of earnest money will be refunded to disqualified

Tenderers/non Short listed tenderers as soon as possible by IPA.. EMD of successful

bidders/ Empanelled bidders will be retained for the entire period of empanelment i.e

3 years by IPA or such extended period by IPA. No interest will be allowed on the

earnest money from both successful and unsuccessful bidders. 9.16 Right to accept or reject any or all proposals 9.16.1 Notwithstanding anything contained in this document, the IPA reserves the right to

accept or reject any Proposal and to annul the Selection Process and reject all

Proposals, at any time without any liability or any obligation for such acceptance,

rejection or annulment, and without assigning any reasons thereof. 9.16.2 The Authority reserves the right to reject any Proposal if: (a) at any time, a material

misrepresentation is made or discovered, or (b) the Applicant does not provide,

within the time specified by the Authority, the supplemental information sought by

the Authority for evaluation of the Proposal. Misrepresentation/ improper response

by the Applicant may lead to the disqualification of the Applicant. If the Applicant is

the Lead Member of a consortium, then the entire consortium may be disqualified /

rejected. If such disqualification/rejections occurs after the proposals have been

opened and the highest ranking Applicant gets disqualified / rejected, then the

Authority reserves the right to consider the next best Applicant, or take any other

measure as may be deemed fit in the sole discretion of the Authority, including

annulment of the Selection Process.

14

9.17 Language

The Proposal with all accompanying documents (the "Documents") and all

communications in relation to or concerning the Selection Process shall be in English

language and strictly on the forms provided in this document. No supporting document or

printed literature shall be submitted with the Proposal unless specifically asked for and in

case any of these Documents is in another language, it must be accompanied by an

accurate translation of the relevant passages in English, in which case, for all purposes of

interpretation of the Proposal, the translation in English shall prevail.

9.18 Evaluation Processes

The applications will be scrutinized as per the criteria given in the bid documents and a

list of pre-qualified bidder be prepared and communicated to all the Major Ports. The

Major Ports as and when required will obtain financial offers from the Transaction

Advisors who are empanelled.

9.19 Correspondence with Applicant

Given and except as provided in RFQ, the IPA shall not entertain any correspondence

with any applicant in relation to the acceptance or rejection of any application.

9.19A IPA’s Rights

IPA, 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 & conditions relating there to.

(b) Consult with any applicant in order to receive clarification or further information.

(c) Empanel or not to empanel any applicant and/or to consult with any applicant in order

to receive clarification or further information.

(d) Retain any information and / or evidence submitted to the IPA by, on behalf of,

and/or in relation to any applicant and/or.

15

(e) Independently verify, disqualify, reject and/or accept any and all submissions or other

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

9.20 Fraud and corrupt practices 9.20.1 The Applicants and their respective officers, employees, agents and advisers shall

observe the highest standard of ethics during the Selection' Process. Notwithstanding

anything to the contrary contained in this document, the Authority shall reject a

Proposal without being liable in any manner whatsoever to the Applicant, if it

determines that the Applicant has, directly or indirectly or through an agent, engaged

in corrupt practice, fraudulent practice, coercive practice, undesirable practice or

restrictive practice (collectively the "Prohibited Practices") in the Selection Process.

In such an event, the Authority shall, without prejudice to its any other rights or

remedies, forfeit and appropriate the Bid Security or Performance Security, as the

case may be, as 'mutually agreed genuine pre-estimated compensation and damages

payable to the Authority for, inter alia, time, cost and effort of the Authority, in

regard to this document, including consideration and evaluation of such Applicant's

Proposal.

9.20.2 Without prejudice to the rights of the. Authority herein above and the rights and

remedies which the Authority may have under the LOA or the Agreement, if an

Applicant or Transaction Advisor, 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 Selection Process, or after the issue of the LOA or the execution of

the Agreement, such Applicant or Transaction Advisor shall not be eligible to

participate in any tender or RFP issued by the Authority during a period of three years

from the date such Applicant or Transaction Advisor, as the case may be, is found by

the Authority to have directly or through an agent, engaged or indulged in any corrupt

practice, fraudulent practice, coercive practice, undesirable practice or restrictive

practice, as the case may be.

16

9.20.3 For the purposes of this Section, 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 action of any person connected with the Selection Process (for avoidance of

doubt, offering of employment to or 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 Selection Process or the LOA

or has dealt with matters concerning the Agreement or arising there from, 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 Selection Process); or (ii) save as provided herein, engaging in any manner

whatsoever, whether during the Selection Process or after the issue of the LOA or

after the execution of the Agreement, as the case may be, any person in respect of any

matter relating to the Project or the LOA or the Agreement, who at any time has been

or is a legal, financial or technical· Transaction Advisor! adviser of the Authority in

relation to any matter concerning the Project; (b) "fraudulent practice" means a

misrepresentation or omission of facts or disclosure of incomplete facts, in order to

influence the Selection Process; (c) "coercive practice" means impairing or harming

or threatening to impair or harm, directly or indirectly, any persons or property to

influence any person's participation or action in the Selection Process; (d)

"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 Selection Process; or (ii)

having a Conflict of Interest; and (e) "restrictive practice" means forming a cartel or

arriving at any understanding or arrangement among Applicants with the objective of

restricting or manipulating a full and fair competition in the Selection Process.

17

10. Conflict of Interest

10.1 An Applicant shall not have a conflict of interest that may affect the Selection Process

or the Consultancy (the "Conflict of Interest"). Any Applicant found to have a

Conflict of Interest shall be disqualified.

10.2 It is necessary that the Transaction Advisor provides professional, objective, and

impartial advice and at all times hold the interests of the Port Trust as paramount,

avoid conflicts with other assignments or its own interests, and act without any

consideration for future work. The Transaction Advisor shall not accept or engage in

any assignment that would be in conflict with its prior or current obligations to other

clients, or that may place it in a position of not being able to carry out the assignment

in the best interests of the Port Trust.

10.3 Addressing Conflicts of Interest have been illustrated in the Guidance Note at

Schedule. Without limiting the generality of the above, an Applicant shall be deemed

to have a Conflict of Interest affecting the Selection Process, if:

(a) the Applicant, its consortium member (the "Member") or Associate (or any

constituent thereof) and any other Applicant, its consortium member or Associate (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 share holding or ownership interest of an Applicant, its Member or Associate

(or any shareholder thereof having a shareholding of more than 5 per cent of the paid

up and subscribed share capital of such applicant, Member or Associate, as the case

may be) in the other Applicant, its consortium member or Associate is less than 5%

(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. For the purposes of this, indirect share holding held through one

or more intermediate persons shall be computed as follows:

18

10.3 (aa) where any intermediary is controlled by a person through management control or

otherwise, the entire share holding 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

10.3 (bb) subject always to sub-clause (aa) above, where a person does not exercise control

over an intermediary, which has shareholding in the Subject Person, the computation of

indirect shareholding of such person in the Subject Person shall be undertaken on a

proportionate basis; provided, however, that no such share holding shall be reckoned

under this "sub-clause' (bb) . if- the share holding of such-person in the intermediary is

less than 26% (twenty six per cent) of the subscribed and paid up equity share holding of

such intermediary; (b) a constituent of such Applicant is also a constituent of another

Applicant; or (c) such Applicant or its Associate receives or has received any direct or

indirect subsidy or grant from any other Applicant or its Associate; or (d) such Applicant

has the same legal representative for' purposes of this Application as any other Applicant;

or (e) such Applicant has a relationship with another Applicant, directly or through common

third parties, that puts them in a position to have access to each others' information about,

or to influence the Application of either or each of the other Applicant; or (f) there is a

conflict among this and other consulting assignments of the Applicant (including its

personnel and Sub-Transaction Advisor) and any subsidiaries or entities controlled by

such Applicant or having common controlling shareholders.

The duties of the Transaction Advisor will depend on the circumstances of each case. While

providing consultancy services to the Authority for this particular assignment, the

Transaction Advisor shall not take up any assignment that by its nature will result in conflict

with the present assignment; or (g) a firm which has been engaged by the Authority to

provide goods or works or services for a project, and its Associates, will be disqualified

from providing consulting services for the same project save and except as provided

conversely, a firm hired to provide consulting services for the preparation or implementation

of a project, and its Members or Associates, will be disqualified from subsequently

providing goods or works or services related to the same project; or (h) the Applicant, its

Member or Associate (or any constituent thereof), and the bidder or Concessionaire, if any,

for the Project, .its. _.contractors or sub contractor(s) ( or any constituent thereof) have

19

common controlling shareholders or other ownership interest; provided that this

disqualification shall not apply In cases where the direct or indirect share holding or

ownership interest of an Applicant, its Member or Associate (or any shareholder hereof

having a share holding of more than 5% (five per cent) of the paid up and subscribed share

capital of such Applicant, Member or Associate, as the case may be.) in the bidder or

Concessionaire, if any, or its contractor(s) or sub-contractor'(s) is less than 5% (five per

cent) of the paid up and subscribed share capital of such Concessionaire or its contractor(s)

or sub-contractor(s); provided further that this disqualification shall not apply to _

ownership by a bank, insurance company, pension fund or a Public Financial Institution

referred to in section 4A of the Companies Act, 1956. For the purposes of this sub-clause

(h), indirect shareholding shall be computed in accordance with the provisions of sub-clause

(a) above.

10.4 For purposes of this bid, Associate means, in relation to the Applicant, a person who

controls, is controlled by, or is under the common control with such Applicant (the

"Associate"). As used in this definition, the expression "control" means, with respect to a

person which is a company or corporation, the ownership, directly or indirectly, of more

than 50% (fifty per cent) of the voting shares of such person, and with respect to a person

which is not a company or corporation, the power to direct the management and policies of

such person by operation of law or by contract.

10.5 An applicant eventually appointed to provide consultancy by any port trust or any specific

project and its associate, shall be disqualified from subsequently providing goods or works

or services related to the construction and operation - of the same Project-and-any breach -

of this obligation shall be construed as Conflict of Interest; provided that the restriction

herein shall not apply after a period of 5 (five) years from the completion 'of the original

assignment or to consulting assignments granted by banks/ lenders at any time; provided

further that this 'restriction shall not apply to consultancy/ advisory services performed for

the Port Trust in continuation of a specific Consultancy or to any subsequent consultancy/

advisory services performed for the Port Trust in accordance with the rules of the Port

Trust. For the avoidance of doubt, an entity affiliated with the Transaction Advisor shall

include a partner in the Transaction Advisor's firm or a person who holds more than 5%

(five percent) of the subscribed and paid up share capital of the Transaction Advisor, as the

case may be, and any Associate thereof.

20

Guidance Note at Schedule

SCHEDULE-3

(See Clause 10.3)

Guidance Note on Conflict of Interest

1. This Note further explains and illustrates the provisions of Clause 10.3 of the RFQ and shall be

read together therewith in dealing with specific cases.

2. Transaction Advisors should be deemed to be in a conflict of interest situation is it can be

reasonably concluded that their position in a business or their personal interest could improperly

influence their judgment in the exercise of their duties. The process for selection of Transaction

Advisors should avoid both actual and perceived conflict of interest.

3. Conflict of interest may arise between the Major Ports/IPA and a Transaction Advisor or

between Transaction Advisors and present or future concessionaries/ contractors. Some of the

situations that would involve conflict of interest are identified below:

(a) Major Ports/IPA and Transaction Advisors:

(i) Potential Transaction Advisor should not be privy to information from Major Ports/ IPA

which is not available to others; or

(ii) Potential Transaction Advisor should not have defined the project when earlier working

for the Major Ports/IPA; or

(iii) Potential Transaction Advisor should not have recently worked for the Major Ports/IPA

overseeing the project.

(b) Transaction Advisors and concessionaires/contractors:

(i) No Transaction Advisor should have an ownership interest or a continuing business

interest or an on-going relationship with a potential concessionaire/ contractor save and

except relationships restricted to project-specific and short-term assignments; or

(ii) No Transaction Advisor should be involved in owing or operating entities resulting from

the project; or

(iii) No Transaction Advisor should bid for works arising from the project.

21

RFQ FOR SELECTION OF TRANSACTION ADVISORS

The participation of companies that may be involved as investors or consumers and officials of the

Major Ports/IPA who have current or recent connections to the companies involved, therefore, needs

to be avoided.

4. The normal way to identify conflicts of interest is through self-declaration by Transaction

Advisors. Where a conflict exists, which has not been declared, competing companies are likely

to bring this to the notice of the Major Ports/IPA. All conflicts must be declared as and when

the Transaction Advisors become aware of them.

5. Another approach towards avoiding a conflict of interest is through the use of “Chinese walls”

to avoid the flow of commercially sensitive information from one part of the Transaction

Advisor’s company to another. This could help overcome the problem of availability of limited

numbers of experts for the project. However, in reality effective operation of “Chinese walls”

may be a difficult proposition. As a general rule, larger companies will be more capable of

adopting Chinese Walls approach than smaller companies. Although, “Chinese Walls” have

been relatively common for many years, they are an increasingly discredited means of avoiding

conflicts of interest and should be considered with caution. As a rule, “Chinese Walls” should

be considered as unacceptable and may be accepted only in exceptional cases upon full

disclosure by the Transaction Advisor coupled with provision of safeguard to the satisfaction of

the Major Ports/IPA.

6. Another way to avoid conflicts of interest is through the appropriate grouping of tasks. For

example, conflicts may arise if Transaction Advisors drawing up the terms of reference or the

proposed documentation are also eligible for the consequent assignment or project.

7. Another form of conflict of interest called “scope-creep” arises when Transaction Advisors

advocate either an unnecessary boarding of the terms of reference or make recommendations

which are not in the best interest of the Major Ports/IPA but which will generate further work

for the Transaction Advisors. Some forms of contractual arrangements are more likely to lead to

scope-creep. For example, lump-sum contracts provide fewer incentives for this, while time and

material contracts provide built in incentives for Transaction Advisors to extend the length of

their assignment.

8. Every project contains potential conflicts of interest. Transaction Advisors should not only

avoid any conflict of interest, they should report any present/potential conflict of interest to the

Major Ports/IPA at the earliest. Officials of the Major Ports/IPA involved in development of a

project shall be responsible for identifying and resolving any conflicts of interest. It should be

ensured that safeguards are in place to preserve fair and open competition and measures should

be taken to eliminate any conflict of interest arising at any stage in the process.

22

Appendix – I

1 Experience Criteria as per Para 7.2 POINTS : 55

1.1 For Class-A

a) Three completed similar works for the PPP Projects

each costing not less than Rs. 100 Crores.

OR

b) Two completed similar works for the PPP Projects

each costing not less than Rs. 125 Crores.

OR

c) One completed similar work for the PPP Projects

costing not less than Rs. 200 Crores.

Note: For each additional project - additional 2 points

will be given if the similar project cost is not less than

Rs. 100 cr and 3 points if the similar project cost is not

less than Rs. 125 cr and 5 points if the similar project

cost is not less than Rs. 200 cr.

Initial three completed

similar works for the

project – 20 points.

Initial two completed


project – 20 points.

Initial one completed


project – 20 points

2 Human Resources as per Para 8.2 POINTS : 45

2.1 Details of full Time Equivalent (FTE) professional as per Para

8.2.1

For Class A (Project value more than Rs 250 Cr – Min 20 FTE

For 20 FTE – 10 points

More than 20 FTE – 15

points

2.2 Key Personnel as per Para 8.2.2

The applicant should indicate the team key personnel with

experience in finance and legal

Key personal with

experience in finance

and legal – 30 points

Distribution of 30

marks will be as

follows:

1. Finance Key

Personnel – 20

points (for one –

10; for two – 15

for three and

above – 20).

23

2. Legal key

Personnel – 10

(for one – 5 and

for two and above

– 10)

Minimum Qualification for

Finance Key Personnel : Either CA, or ICWA or CFA or MBA (Finance)

Legal Key Personnel : Bachelor of Law or any equivalent Degree in Law and above

24

Annexure - I

25

Projects in Port Development

Sl.

No

Project Name Project Cost (Rs

in Cr)

Project

Proponent

1 Development of Cochin Outer Harbour 4,944.00 CoPT

2 Setting up of a container terminal (2.19

million TEUs) at Tuna Terka, Kandla Port

2,250.00 KPT

3 Development of 14th

multipurpose berth on

BOT basis, Kandla Port

238.52 KPT


multipurpose berth on

BOT basis, Kandla Port

238.52 KPT

5 Development of Multi-Purpose Cargo Berth

at Tuna Terka on BOT basis, Stage-II,

Kandla Port

1,250.00 KPT

6 Development of JD East berths for handling

bulk cargoes at Chennai Port

360.00 ChPT

7 Development of BD II as Coal Terminal at

Chennai Port

180.00 ChPT

8 Setting up of Single Point Mooring

Terminal at Chennai Port

1200.00 ChPT

9 Development of Multi-User Liquid

Terminal II (3 MMTPA) for handling POL

products

576.00 KPL

10 Development of Liquid cargo berth and one

coastal berth at Vasco Bay

300.00 MgPT

11 Development of two beths in Vasco bay

with connecting flyover for Navy/Coast

Guard

500.00 MgPT

12 Development of Outer Harbour at Paradip

Port

4,250.00 PPT

13 Development of LNG Terminal/FSRU at

New Mangalore Port

3,000.00 NMPT

26

14 Development of Outer Harbour (82.50

MMTPA capacity addition) at V.O.

Chidambaranar Port (Phase I)

11,725.00 VoCPT

15 Development of Green Field Port at

Colachel (Enayam) in the State of Tamil

Nadu

6,575.15 VoCPT

16 Development of Additional Container

Berths in Inner Harbour or V.O.

Chadambaranar Port

1,200.00 VoCPT

17 Creation of 2nd

Transloading arrangement

within KoPT limits and at Konica Sands

(Paradip Limit)

300.00 KoPT(Haldia)

18 Improving the capacity utilization of OR1 &

OR2 and Fertilizer Berth at Visakhapatnam

Port

270.00 VPT

19 Development of Multipurpose Berth

Outside the Dock Basin at Kolkata

200.00 KoPT(Haldia)

20 Setting up of a fully mechanised cargo

handling jetty with backup facility (cargo

terminal-I) at Haldia Dock-II, Shalukkhali

450.00 KoPT(Haldia)

21 Setting up of a Multipurpose dry cargo


terminal-II) at Haldia Dock-II, Shalukkhali

400.00 KoPT(Haldia)

22 Setting up of a fully mechanised cargo


terminal-III) at Haldia Dock-II, Shalukkhali

450.00 KoPT(Haldia)

23 Development of New Major Port at Sagar

Island, West Bengal

1,464.00 KoPT(Kolkata)

24 Development of LPG import terminal in

Gujarat

500.00 MoP&NG

25 Development of LNG import terminal in

Kakinada in Andhra Pradesh

3,000.00 MoP&NG

26 Development of LPG import terminal in 800.000 MOP&NG

27

Eastern Ports

27 Multipurpose Terminals in Uran Mudflats at

JNPT

1,000.00 JNPT


Cargo Terminal at JNPT 5,500.00 JNPT

29 Terminal in Nhava Creek at JNPT 600.00 JNPT

30 Construction and commissioning of

additional Liquid Bulk Berth for handling

POL at Visakhapatnam Port Trust

100.00 VPT

31 Setting up of Edible Oil Terminal at Cochin

Port

10.00 CoPT

32 Development of an Oil Jetty outside Dock

Basin at Haldia

100.00 KoPT(Haldia)

33 Finger Jetty at Vasco Bay for Liquid Cargo,

Passenger and Fishing at Mormugao port

80.00 MgPT

34 Development of Container yard & cargo

handling at Mc-Therson Island near Phongi

Balu

2,000.00 ALHW

35 Development of Satellite port for JNPT at

Vadhavan (Dahanu, Taluka, Palghar

District)

9,167.00 JNPT/MMB

36 Development of Satellite port at Bellekeri

(North Kanara)

5,000.00 NMPT/Govt. of

Karnataka

Total 70,178.19

28

Projects in Port Modernisation

Sl.

No

Project Name Project Cost (Rs in Cr) Project Proponent

1 Mechanisation of berth CJ6 for import of

fertilizers, Kandla Port

200.00 KPT

2 Mechanisation of barge jetties in Bunder

basin to support coal lighterage operations,

Kandla Port

100.00 KPT

3 Deepening and widening of Mumbai

Harbour Channel and JN Port Channel

(Phase-II)

2,029.00 JNPT

4 Development of Integrated Common Rail

Yard at JNPT for containers

200.00 JNPT

5 Development of North Anchorage at JNPT 50.00 JNPT

6 Augmentation of Fixed Fire Fighting

System at Oil Dock as per OISD 156 norms

66.00 ChPT

7 Capital Dredging Phase-V at Kamarajar

Port Limited

300.00 KPL

8 Deepening of approach channel to second

/First Chemical Berth at Mumbai Port

150.00 MbPT

9 Mechanisation of CQ1 to CQ2 berths at

Paradip Port

1,103.42 PPT

10 Modification and improvement to existing

Iron Ore handling plant at Paradip Port

175.00 PPT

11 Expansion of the Mechanised Coal

Handling Plant (MCHP) stack yard for

additional coal storage

150.00 PPT

12 Mechanisation of Berth No. 8 for handling

container and other clean cargoes.

200.00 NMPT

13 Dredging in front of North Cargo Berth-III,

North Cargo Berth-IV, 5 Nos of SDB berths

and SEPC berth at V.O. Chidambaranar

1,150.58 VoCPT

29

Port

14 Installation of Marine Unloading Arms for

handling LPG at 1st, 2

nd and 3

rd oil jetty of

Haldia Dock Complex

150.00 KoPT(Haldia)

15 Mechanisation of berth 3 at Kolkata Port 150.00 KoPT(Haldia)

16 Utilisation of full capacity at North Cargo

Berth 1 at V.O. Chidambaranar Port

760.00 VoCPT

17 Dredging of – 5 km common channel of

Magdalla and Sewagram in Gujarat to

facilitate coastal movement of cement

30.00 SDC/GMB

18 Re-arrangement of yard for improving the

efficiency of Port’s Container Terminals

and allow for inter terminal movement at

JNPT

200.00 JNPT

19 Additional coal stack yard for VGCB to

increase the terminal capacity at

Visakhapatnam Port

150.00 VPT

20 Conversion of OCT to handle Steel Cargo

and Cars at Mumbai Port

100.00 MbPT

21 Mechanised food grain handling facility at

Cochin Port

120.00 CoPT

22 Mechanised fertilizer handling facility at

Cochin Port

155.00 CoPT

23 Mechanised fertilizer handling facility at

New Mangalore Port

155.00 NMPT

24 Mechanised food grain handling facility at

New Mangalore Port

120.00 NMPT

25 Up gradation of Coal jetty II (CJ-II) at VOC

Port, Tuticorin

250.00 VoCPT

26 Circulation plan for ease of movement of

break bulk cargo at Mormugao Port

50.00 MgPT

27 Establishment of Vessel Traffic 11.63 DGLL

30

Management Service (VTMS) at Karwar

28 Extension and raising of Breakwater by 300

meter at Campbell Bay in Great Nicobar

600.00 ALHW

29 Extension of Mus Island Breakwater with

additional Wharf along with shore

600.00 ALHW

30 Augmentation of Kandla LPG import

terminal

300.00 IOCL&KPT

31 Mechanisation of berth CJ2 for export of

food grains at Kandla

155.00 KPT

32 Modernisation of Sassoon Dock fishing

harbour in Mumbai Port

52.17 MbPT/MoAFW

Total 9,982.80

31

Projects in Port Led Development

Sl.

No

Project Name Project Cost (Rs in

Cr)

Project

Proponent

1 Development of Free Trade Warehousing

Zone (FTWZ) near Cochin Port

600.00 CoPT

2 Development of Cochin Smart Port City 3,000.00 CoPT

3 Development of Port based Special

Economic Zone (Phase-I) at JNPT

468.82 JNPT

4 Development of Free Trade Warehousing

Zone on DBOFT basis at KPL

889.00 KPL

5 Power complex in Andhra Pradesh 7,000.00 SDC/MoP

6 Power complex in Maharashtra 7,000.00 SDC/MoP

7 Power complex in Tamil Nadu 7,000.00 SDC/MoP

8 Development of an integrated export based

leather and footwear cluster in

Kolkata/Bantala

1,800.00 SDC/MIC &

DIPP


leather and footwear cluster in Perambur

1,800.00 SDC/MIC &

DIPP


leather and footwear cluster in Muzaffarpur

1,800.00 SDC/MIC &

DIPP

11 Export based electronics cluster in Northern

Maharashtra

3,500.00 SDC/MoCIT

12 Export based electronics cluster in Northern

Tamil Nadu/Andhra Pradesh

3,500.00 SDC/MoCIT

13 Export based apparel cluster in Vidarbha 3,500.00 SDC/MoT

14 Export based apparel cluster in Central

Andhra Pradesh

3,500.00 SDC/MoT

15 Export based apparel cluster in Saurashtra 3,500.00 SDC/MoT

16 Development of marble based furniture

cluster in Kutch

2,300.00 SDC/MCI &

DIPP

32

17 Development of wooden furniture cluster in

Kerala

2,300.00 SDC/MCI &

DIPP

18 Development of bamboo based furniture

hub in Assam

2,300.00 SDC/MCI &

DIPP

19 Development of Cement cluster in Gujarat 700.00 SDC/MCI &

DIPP

20 Development of Cement cluster in Central

Andhra Pradesh

700.00 SDC/MCI &

DIPP

21 Development of Steel Cluster in Southern

Maharashtra/ Goa

10,500.00 SDC/ Ministry

of Steel

22 Development of Steel Cluster at Ennore 10,500.00 SDC/ Ministry

of Steel

23 Development of Automotive cluster at

Sanand

4,600.00 SDC/MCI

24 Development of Port-based Mega food

processing park in Southern Maharashtra

2,350.00 SDC/MoFPI

25 Development of Port-based Mega food

processing park in Kakinada

2,350.00 SDC/MoFPI

26 Petrochemical cluster at Ennore 5,000.00 SDC/MoP&NG

27 Petrochemical cluster at Gujarat 5,000.00 SDC/MoP&NG

28 Petrochemical cluster at Kakinada 5,000.00 SDC/MoP&NG

29 Petrochemical cluster at Mangalore 5,000.00 SDC/MoP&NG

30 Development of Greenfield refinery at

Tamil Nadu

25,000.00 SDC/MoP&NG

31 Development of Greenfield refinery at

Maharashtra

20,000.00 SDC/MoP&NG

32 Development of Smart Industrial Port City

(SPIC) at Paradip

To be assessed PPT

33 Development of Smart Industrial Port City

(SPIC) at Kandla-Gandhidham-Adipur

Complex

To be assessed KPT

Total 1,50,657.00

33

Shipbuilding, Ship Repair and Ship Breaking

Sl.

No


Cr)

Project

Proponent

1 Supplying, operating and maintaining 2

Nos. of 50 T Bollard Pull Tug on hiring

basis

175.00 NMPT

2 Construction of Floating Dry Docking

facility on DBOFT basis through PPP

mode at V.O.C. Port

200.00 VoCPT

3 Modernisation of Ship Repairing facilities

at Kolkata Dock System

100.00 KoPT(Kolkata)

4 Development of Marine cluster at Ennore 4,100.00 SDC

5 Building Barge Jetties to Support the

Anchorage operations at Haldia

120.00 KoPT

6 Dry Docking facilities at Mumbai Port 50.00 MbPT

7 New Dry Dock facility at Cochin Shipyard

Ltd., Kochi

1,500.00 CSL

8 International Ship Repair Facility (ISRF)

project at Cochin Port Trust premises,

Kochi

970.00 CSL

9 Providing Ship Repair facility (Ship-lift/

slipway) capable of handling 5000 DWT

vessels, at Port Blair Port

500.00 PMB

10 Extension of Dry Dock-II at Marine

Dockyard in Port Blair

96.24 ALHW

11 Development of New Dry Dock-II at

Bambooflat (for Mainland Vessels)

455.00 ALHW

12 Acquisition of 2 nos. Suezmax tankers 844.00 SCI

13 Procurement of 8000 Cu.M hopper

capacity Trailer Suction Hopper Dredger

450.00 DCI

Total 9,560.24

34

Maritime Education, Training and Skill Development

Sl.

No


Cr)

Project

Proponent

1 Development of Gujarat Maritime

University

858.50 GMB

2 Setting up Logistics and Maritime

University at Kakinada, Andhra Pradesh

300.00 Govt. of AP

3 Procurement of VTS Simulator for

Training Centre at Kolkata

3.00 DGLL

4 Capacity building of workers involved in

ship recycling activities at Alang, Gujarat

30.00 GMB

Total 183.34

35

Inland Water Transportation and Coastal Shipping

Sl.

No


in Cr)

Project

Proponent

1 Development of IWT Terminal at Paradip

Port

300.00 PPT

2 Setting up of Outer Riverine Terminal (OT-

1) at Kolkata Port

413.28 KoPT(Haldia)

3 Setting up of Outer Riverine Terminal (OT-

2) at Kolkata Port (Haldia Dock)

190.00 KoPT(Haldia)

4 Construction of IWT jetties in lieu of

existing Inland Vessel Wharves/jetties of

KoPT on River Hoogly near Kolkata

120.00 KoPT(Haldia)

5 Capacity Augmentation of Navigational

Infrastructure of National Waterway-I

400.00 KoPT(Haldia)

6 Dedicated coastal berth for food grain

imports at V O Chidambaranar Port in

Tuticorin

80.00 VoCPT

7 Development of Coastal Berth for Liquid

cargo at JNPT

20.00 JNPT

8 Development of coastal food export berth

for rice in Kakinada Anchorage Port

150.00 FCI

9 Movement of 3 MMTPA import coal from

Bay of Bengal to NTPC Barh, Bihar for a

period of 10 years

1,100.00 IWAI

10 Development of GR Jetty and BISN jetty

through PPP mode in Kolkata on National

Waterway-1

102.00 IWAI

11 Development of Ro-Ro Terminal on

Brahmaputra (NW-2) for providing Ro-Ro

Services

82.26 IWAI

12 Construction of new navigation lock gate at

Farakka

344.35 IWAI

13 Assured Depth Contract between

Bhagalpur-Farakka Stretch

203.00 IWAI

14 Construction of Multimodal Terminal at

Ghazipur

200.00 IWAI


Haldia

465.00 IWAI


Patna

200.00 IWAI

36


Tribeni/Kalyani

200.00 IWAI

18 Consultancy for Supporting Services for

Design of Inland Vessels for Capacity

Augmentation of National Waterway-1

4.25 IWAI

19 Fairway Development of Krishna River in

NW-4

80.00 IWAI

20 Development of IWAI for transportation of

cargo on Ghagea River

410.00 IWAI


cargo on Gandak River

510.00 IWAI


cargo on Kosi River

275.00 IWAI

23 Development of Indo Bangladesh Protocol

route for day night navigation on the

Sunderbans River

25.00 IWAI

24 Development of IWT for transportation of

cargo on Mandovi, Zuari and Cumberjua

River

377.00 IWAI

25 Development of IWT for transportation of

cargo on Barak River

120.00 IWAI

26 Development of Multimodal Inland Water

Transport terminal at Sahibganj in

Jharkhand

534.00 IWAI

27 Ro-Pax Ferry Services between Gogha and

Dahej in Gulf of Cambay

509.00 GMB

Total 7,414.14

37

Investment Opportunities in Maritime States

Sl.

No


in Cr)

Project Proponent

1 Providing alternative Road from

Bhavnagar to Sosiya-Alang Ship Recycling

Yard

90.00 GMB

2 Azhikkal Port - Proposed NH – Bypass and

widening of 2 km

61.00 Govt of Kerala

3 Upgrading of Manginapudi Beach Road to

a 4 lane road

60.00 Govt. of AP

4 Upgrading 24 Km road to four lane that

connects Nellore City (NH-16) to

Krishnapatnam Port in Andhra Pradesh

350.00 Govt. of AP

5 Development of Four lane green field road

from Machilipatnam South Port to NH-9 in

Andhra Pradesh

458.00 Govt. of AP

6 Development of Four Lane green field road

from Machilipatnam North Port to NH-SH-

46 in Andhra Pradesh

232.00 Govt. of AP

7 Development of 7.2Km green field road

connecting NH 65 to Machilipatnam Port

in Andhra Pradesh

175.00 Govt. of AP

8 Development of Four lane of Kakinada

Anchorage Port Uppada beach road

connection upto NH-16 in East Godavari

District of Andhra Pradesh

980.00 Govt. of AP

9 Formation of New By-pass parallel Road

west of NFCL and CFL in Kakinada

Andhra Pradesh

70.00 Govt. of AP

10 Upgrading existing R&B road from

Chilakuru to Power plants near

Krishnapatnam Port in Andhra Pradesh

300.00 Govt. of AP

11 Construction of two Nos. of four lane

ROBs at (i) Dummulapeta and (ii) Old Port

area in Kakinada, Andhra Pradesh

80.00 Govt. of AP

12 Development of 5Km long Green field

Road connecting South and North

industrial cluster of Khandaleru creek Near

Krishnapatnam Port Andhra Pradesh

90.00 Govt. of AP

13 Augmentation of road connectivity to 603.00 TNMB

38

Cuddalore

14 Development of Fisheries Harbour at

Kulai, Mangalore, Karnataka

230.00 Govt. of Karnataka

15 Doubling of the existing rail link

connecting Dhamra Port to Bhadrak on

Chennai- Howrah main line

1,500.00 Dhanra Port

16 Connectivity to NH – 17 – Upgrading of

SH 92, 96, 97 to connect NH17 to North

and South banks of Dighi Port

600.00 Digi Port

17 Up gradation of SH 164 (Nivli to Jaigad) to

connect Jaigad Port to NH 17 at Nivali

(PE69)

333.00 JSW Jaigarh Port Ltd

18 Four Lane green field road to

Krishnapatnam Port from Naidupeta in

Andhra Pradesh

670.00 Govt. of AP

19 Development of four lane bypass road for

existing Gangavaram Port connectivity

road in Visakhapatnam District in Andhra

Pradesh

80.00 Govt. of AP

20 Upgradation of existing B.T. Roads and

backup area in to C.C. Pavement in the

Anchorage Port area of Kakinada Port in

Andhra Pradesh

31.00 Govt. of AP

21 Upgrading of the existing four lane road

connecting to NH16 to Gangavaram Port in

to six lane road in Andhra Pradesh

50.00 Govt. of AP

22 Development of Fishing Harbour in

Juvvaladinne for Coastal Community in

SPSR Nellore District in Andhra Pradesh

100.00 Govt. of AP

23 Four lane road connectivity for the existing

two lane road from Kakinada Port to NH16

at Rajanagaram in East Godavari District,

Andhra Pradesh

600.00 Govt. of AP

24 Four lane road connectivity for the existing

two lane road from Achampeta Junction to

joining NH 16 at Kathipudi in East

Godavari District Andhra Pradesh

500.00 Govt. of AP

25 Development of River Chapora for eco-

friendly tourism activities and inland water

transport

100.00 Govt. of Goa

26 2nd stage development of Karwar Port in 2,500.00 Govt. of Karnataka

39

Uttara Kannada District

27 Development of Green Field, Deep Draft

Modern Port at Tadri in Uttara Kannada

District

3,000.00 Govt. of Karnataka

28 Planning, Designing and Development of a

Captive Port at Pavinakurve in

HonnavarTaluka of Uttara Kannada

District

1,000.00 Govt. of Karnataka

29 Development of Honavar Port in

Honnavartaluka of Uttara Kannada District

511.00 Govt. of Karnataka

30 Providing Infrastructure to Facilitate Ro-

Ro Pax Services and construction of Break

Water at Mandwa, Tal. Alibag,

Maharashtra

130.00 MMB

31 Development of Chettinad Tharangambadi

Captive port in Nagapattinam district

1,000.00 TNMB

32 Development of port – based Special

Investment Region (SIR) at Navlakhi

To be decided GMB

33 Development of coastal jetty by GMB at

Navlakhi and Porbandar

300.00 GMB

34 Development of Maritime Cluster in

Gujarat

373.00 GMB

35 Development of Nargol Port in Gujarat 4,000.00 GMB

36 Development of Dahej Port in Gujarat 2,501.80 GMB

37 Bahabalpur Port at Bahabalpur in Balasore

District, Odisha

4,576.00 Govt. of Odisha

38 Bahuda Port at Bahuda in Ganjam District,

Odisha

3,454.00 Govt. of Odisha

39 Development of Infrastructure facilities at

Cuddalore Non Major Port.

98.20 TNMB

40 Development of Infrastructure facilities at

Kanniyakumari Port

20.00 TNMB

41 Construction of Bridge from Rajachak to

Nandigram over Haldi River in Purba

Mednipur

500.00 Govt. of West Bengal

42 West Bengal North- South Road Corridor

Project (SASEC Port Connectivity)

4,697.00 Govt. of West Bengal

43 Renovation and Upgradation of 103 Nos of

Jetties over the rivers of Haldi, Bhagirathi

and Hooghly


44 Water Transportation Facility from Kolkata 20.00 Govt. of West Bengal

40

to Digha including construction of a jetty at

Digha

45 Construction of Marine Aquarium/Museum

at Digha


46 Establishment of Off-shore Transhipment

of Bulk Cargo in the Andaman Islands

500.00 A&N Administration

Total 37,754.00

41

Cruise Shipping and Light House Tourism

Sl.

No


Cr)

Project

Proponent

1 International Cruise Terminal at Cochin

Port

1,000.00 CoPT

2 Modernizing the cruise Terminal at Indira

Dock to International Standards

54.00 MbPT

3 Ropeway service between Sewree Fort and

Elephanta island in Mumbai Harbour

150.00 MbPT

4 Operation and Maintenance of Cruise

Terminal at Mormugao Port

8.79 MgPT

5 Development of Marina on DBFOT basis

through PPP mode at V.O.C.Port for a

period of 30 years

33.69 VoCPT

6 Seaplane operations on Hooghly River 6.00 KoPT(Kolkata)

7 Development of mega-cruise terminal in

Mumbai

600.00 SDC

8 Development of Cruise tourism on

National Waterways

100.00 IWAI

9 Development of Tourism at 78 Lighthouses 1,250.00 DGLL

Total 3,202.48

42

Hinterland Connectivity and Multimodal Logistics

Sl.

No


in Cr)

Project

Proponent

1 Developing a Dry Port at Jalna 400.00 JNPT

2 Development of Dry Port at Nagpur 400.00 JNPT

3 Development of Road Facilities For Cargo

Evacuation inside the Chennai Port

100.00 ChPT

4 Connectivity from Sheela Nagar junction

to Anakapalli – Sabbavaram/ Pendurti

Anandapuram Road NH16 (Former Nh5)

Phase-III

505.02 VPT

5 Direct Connectivity to Mindi Yard in

Visakhapatnam Port from Eco.Railway

117.00 VPT

6 New ICD Development in South

Uttarakhand

85.00 SDC/MCI

7 New ICD Development in North MP/CG

border (Singrauli)

85.00 SDC/MCI

8 New ICD Development in Central

Rajasthan (Nagaur))

85.00 SDC/MCI

9 New ICD Development in Hyderabad 85.00 SDC/MCI

10 New ICD Development in North Bengal

(Darjeeling)

85.00 SDC/MCI

11 New ICD Development in Raipur 85.00 SDC/MCI

12 Connection of western DFC to Mundra 3,500.00 SDC/MoR

13 Connection of western DFC to Pipavav 2,500.00 SDC/MoR

14 Connection of western DFC to Hazira 3,000.00 SDC/MoR

15 Expressway from Whitefield industrial

cluster (Bangalore) to Chennai

10,000.00 SDC/MoRTH

16 Expressway from Whitefield industrial

cluster (Bangalore) to Enayam

3,000.00 SDC/MoRTH

17 Expressway from Sarkhej (Ahmedabad) to

Pipavav

9,000.00 SDC/MoRTH

18 Expressway from Tirupur industrial cluster

(Coimbatore) to Enayam

1,300.00 SDC/MoRTH

19 Expressway from Sanathnagar industrial

cluster (Hyderabad) to Vodarevu

10,000.00 SDC/MoRTH

20 Expressway from Sarkhej (Ahmedabad) to

Mundra

10,000.00 SDC/MoRTH

21 Expressway from Panagarh (Durgapur) to

Haldia

9,000.00 SDC/MoRTH

43

22 Expressway from Sanathnagar industrial

cluster (Hyderabad) to Jawaharlal Nehru

Port Trust

22,000.00 SDC/MoRTH

23 Expressway from Dighi Industrial Cluster

(Pune) to Jawaharlal Nehru Port Trust

4,500.00 SDC/MoRTH

24 Expressway from Ahmedabad to

Jawaharlal Nehru Port Trust

18,000.00 SDC/MoRTH

25 Salaya Mathura crude pipeline expansion 1,000.00 MoP&NG/IOC

26 Product pipeline from Paradip to

Hyderabad

3,000.00 MoP&NG/IOCL

27 Flyovers at Y junction, approaches to

existing terminals to improve flow of

containers Movement

200.00 JNPT

28 Flyover for GTI Entry/Exit over the Rail

Tracks for seamless traffic movement at


70.00 MoP&NG/IOCL

29 Four lane road from Northern gate of

Kamarjar port to Thachur, outer ring

corridor - 6 laning with service roads

271.00 SDC

30 Northern Rail Link connecting north of

Minjur to Kamarajar Port Limited

228.00 KPL

31 Hare Island - Red Gate - Tuticorin Thermal

Power Station Circle Road Connectivity

105.00 VoCPT

32 Evacuation road to the standalone

Container Terminal (330m extension to

DPW terminal) upto Karal

120.00 JNPT

33 Improvement of existing road connecting

Kolkata Port Trust to NH6 and nearby

Industrial Clusters

24.00 JNPT

34 Rail connectivity between proposed Port at

Sagar Island and Kashinagar Rail station

270.00 KoPT

35 Road connectivity between proposed Port

at Sagar Island and Muriganga bridge &

between Muriganga bridge and proposed

Rail yard at Kashinagar

171.00 KoPT

36 New ICD development in Jharsuguda 85.00 SDC/MCI

Total 1,13,376.00

44

Green Port Initiatives

Sl.

No


Cr)

Project

Proponent

1 Development of 14.5 MW Wind Farm,

Chennai Port

95.00 ChPT

2 Setting up of 25 MW Solar power plant at


150.00 JNPT

3 Setting up of 14 MW solar power plant at

Kandla Port Trust

84.00 KPT

4 Setting up of 15 MW renewable power

plant at V.O. Chidambaranar Port Trust

90.00 VoCPT

Total 419.00

45

(Technical Proposal-Standard Forms)

Form TP 1: Letter of Proposal submission

Form TP 2: Consultant’s organization & experience

Form TP 3: Comments & suggestions on TOR

Form TP 4: Approach & Methodology

Form TP 5: Curriculum vitae

Form TP 6: Information regarding any conflicting activities and declaration thereof.

Technical Proposal-Other Undertakings

1. An undertaking stating that firm/organization is not blacklisted by Government or its

agencies including Central/State Level Public Enterprises.

2. Undertaking stating that “Team Leader/Members would be maintained during the actual

assignment to be awarded in case they are selected. In case replacement is inevitable, the

equivalent qualification and experienced team/lead/member will be inducted to carry out

the assignment in case of award.”

3. Undertaking stating that “I/We certify that in the last three years, we/any of the

consortium members have neither failed to perform on any contract, as evidenced by

imposition of 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.”

4. An undertaking regarding non-disclosure/sharing of confidential information with third

parties.

46

FORM TP-1

LETTER OF PROPOSAL SUBMISSION

TO: [Name and address of Employer]

Dear Sirs,

We, the undersigned, offer to provide the consulting Assignment/job for [Empanelment of

Consultants-Transaction Advisor (TA)]in accordance with your Request for Proposal dated [insert

date] and our Proposal. We are hereby submitting our Proposal, which includes this Technical

Proposal sealed under a separate envelope and requisite EMD.

We are submitting our Proposal in association with [Insert a list with full name and address of each Consultant]

We hereby declare that all the information and statements made in this Proposal are true and

accept that any misinterpretation contained in it may lead to our disqualification.

If negotiations are held during the period of validity of the Proposal, we undertake to negotiate on

the basis of the proposed staff. Our Proposal is binding upon us and subject to the modifications

resulting from Contract negotiations.

We understand you are not bound to accept any Proposal you receive.

We remain,

Yours sincerely

Authorized Signature [in full and initials];

Name and Title of Signature:

Name of Firm:

Address:

47

FORM TP-2

CONSULTANT’S ORGANIZATION AND EXPERIENCE

A- Consultant’s Organization

[Provide here a brief description of the background and organization of your firm/entity and

each associate for this Assignment/job. The brief description should include ownership

details, date and place of incorporation of the firm, objectives of the firm etc. Also if the

consultant has formed a consortium, details of each of the member of the consortium, name of

lead members etc shall be provided]

B- Consultant’s Experience

[Using the format below, provide information on each Assignment/job for which your firm,

and each partner in the case of consortium or joint venture, was legally contracted either

individually as a corporate entity or as one of the major partners within an association, for

carrying out consulting Assignment/job similar to the ones requested under this

Assignment/Job (if possible, the employer shall specify exact assignment/job for which

experience details may be submitted). In case of consortium, association of consultants, the

consultant must furnish the following information for each of the consortium member

separately]

48

A) Organizational Experience

Sl.

No

.

Name of

Entity

with

complete

commun

ication

address.

Order

No.

and

Date

Scope

of

Consul

tancy

work

Date of

award

of

contract

&

Contrac

t Period

Value of

Contract

Actual

Date of

Completi

on

Person/ Project

authority who

could be

contracted for

further

information.

Supporting

Document

B) Skill & Competencies & Key Personnel

SL.

No.

Name of the Key

personnel

Qualification/

Professional

qualification

No of Years

Experience

Details of

Experience

Remarks

C) Gross Annual Revenue ( in `)

Financial year Gross Annual

revenue/Turnover

Revenue/Turnover from

consultancy business

Remarks

2013-14

2014-15

2015-16

(Seal & Signature of Bidder)

49

Note: Please provide documentary evidence from the client i.e. copy of work order,

contract and completion certificate for each of above mentioned assignments. The

Competent Authority of the consulting firm shall self-certify if the firm has non-disclosure

agreements with its clients. The experience shall not be considered for evaluation if such

requisite support documents are not provided with the proposal. In case of selection, the

details of work order, contract and completion certificate which have non-disclosure

agreements shall be submitted for verification.

50

FORM TP-3

COMMENTS AND SUGGESTIONS ON THE TERMS OF REFERENCE AND ON

FACILITIES TO BE PROVIDED BY THE EMPOLYER

1. on the Terms of Reference

[Suggest and justify here any modifications or improvement to the Terms of Reference you

are proposing to improve performance in carrying out the Assignment/job (such as deleting

some activity you consider unnecessary, or adding another, or proposing a different phasing of

the activities). Such suggestions should be concise and to the point, and incorporated in your

proposal]

51

FORM TP-4

DESCRIPTION OF APPROACH, METHODOLOGY AND WORK PLAN FOR

PERFORMING THE ASSIGMENT/JOB

Technical approach, methodology and work plan are key components of the Technical

Proposal. You are suggested to present your Technical Proposal divided into the following

three chapters:

a) Technical Approach and Methodology,

b) Work Plan, and

c) Organization and Staffing

a) Technical Approach and Methodology: In this chapter you should explain your

understanding of the objectives of the Assignment/job, approach to the Assignment/job,

methodology for carrying out the activities and obtaining the expected output, and the

degree of detail of such output. You should highlight the problems being addressed and

their importance, and explain the technical approach you would adopt to address them.

You should also explain the methodologies you prose to adopt and highlight the

compatibility of those methodologies with the proposed approach.

b) Work Plan: The consultant should propose and justify the main activities of the

Assignment/job, their content and duration, phasing and interrelations, milestones

(including interim approvals by the employer), and delivery dates of the reports. The

proposed work plan should be consistent with the technical approach and methodology

showing understanding of the Tor and ability to translate them into a feasible working

plan. A list of the final documents, including reports and tables to be delivered as final

output, should be included here.

c) Organization and Staffing: The consultant should propose and justify the structure and

composition of your team. You should list the main disciplines of the Assignment/job, the

key expert responsible, and proposed technical and support staff.]

52

FORM TP-5

CURRICULUM VITAE (CV) FOR PROPOSED KEY PERSONNEL

1. Proposed Position :

[For each position of key professional separate from Tech-5 will be prepared]:

2. Name of Firm :

[Insert name of firm proposing the Staff]:

3. Name of Staff :

[Insert full name]:

4. Date of birth :

5. Nationality :

6. Education :

[Indicate college/university and other specialized education of staff member, giving names

of institutions, degrees obtained, and dates of obtainment]:

7. Membership of Professional Associations :

8. Other Training :

9. Countries of work experience :

[List countries where staff has worked in the last ten years]:

10. Languages :

[For each language indicate proficiency: good, fair, or poor in speaking, reading, and

writing]:

11. Employment Record :

[Starting with present position, list in reverse order every employment held by staff

member since graduation, giving for each employment (see format here below): dates of

employment name of employing organization, positions held]:

From [Year]: To Year]

Employer:

Positions held:

53

12. Detailed Tasks Assigned :

[List all tasks to be performed under this Assignment/Job]:

13. Work undertaken that best illustrates Capability to Handle the Tasks Assigned: [Among

the Assignment/Jobs in which the staff has been involved, indicate the following

information for those Assignment/jobs that best illustrate staff capability to handle the

tasks listed under point 12]

Name of Assignment/job or project:

Year:

Location:

Employer:

Main project features:

Positions held:

Activities performed:

14. Certification :

I, the undersigned, certify that to the best of my knowledge and belief, this CV correctly

describes myself, my qualifications, and my experience. I understand that any wilful

misstatement described herein may lead to my disqualification or dismissal, if engaged.

[Signature of staff member or authorized representative of the staff]

[Full name of authorized representative]

Date

Place :

54

FORM TP-6

INFORMATION REGARDING ANY CONFLICTING ACTIVITIES AND

DECLARATION THEROF

Are there any activities carried out by your firm or group company or any member of the

consortium which are of conflicting nature as mentioned in RFQ, If yes, please furnish

details of any such activities.

If no, please certify,

We hereby declare that our firm our associate/group firm or any of the members of the

consortium are not indulged in any such activities which can be termed as the conflicting

activities at this present moment. Further, we hereby agree to disclose any further

conflicting activities, in case they occur, till the finalization of the bid. We also

acknowledge that in case of misrepresentation of the information, our proposals/contract

shall be rejected/terminated by the employer which shall be binding on us.

Authorized Signature [in full and initials]:

Name and title of Signatory:

Name of Firm:

Address

:

Clarifications of Pre-Bid Queries

RFQ for Empanelment of Consultants as Transaction Advisor for PPP Projects

1


S.no Clause Description Details of Item per Tender

Requirement Query/ Suggestion Clarifications

I. Name of Firm : M/s Alia Consulting Solutions

1 We are empanelled as

transaction advisor consultant.

Do we still need to re-empanel?

Yes, Old empanelment stands

discharged. This is a fresh

empanelment. Please refer

Notice on IPA Website.

Name of Firm : M/s DRA Consultants Ltd.

2 Document Fee

Page no. 3

Submission of document fee of

Rs.10, 000/- for each RFQ on or

before 1500 Hrs on 06/03/2017.

& In case, if RFQ is downloaded

from website, the requisite

application fee of Rs 10,000/- in

form of Demand Draft, in favor of

Indian Ports Association shall be

submitted along with bid.

As the document was

downloaded from website

www.ipa.nic.in. we presume to

submit application fee of Rs.

10,000/- in the form of Demand

Draft in favor of Indian Ports

Association along with the Bid

Submission. Please confirm.

Yes

3 8.0 Evaluation criteria for Class A

8.2 Human Resources

Page no. 9

The applicant should indicate the

details of FTE professionals along

with supporting documents for

their engagement and provide an

organization structure of the

applicant indicating the FTE

professional in that category.

We request you allow self-

certification of Key Experts over

support documents of

engagement as the Experts are

from wide range of industrial

practice.

1. Employees/ Professionals

who has exclusive long

term contract of more than

3 years shall be considered

as FTE professionals.

2. Letter issued by the HR

department of the company

will suffice as supporting



2


documents in addition to

the requirements at 8.2.1.

4 9.15 EARNEST MONEY

DEPOSIT

EMD amount is Rs. 2,50,000/- The

Earnest Money shall be paid in the

form of Demand Draft (DD) issued

by a Nationalized Bank /

Scheduled Bank drawn on New

Delhi Branch of the Bank in favour

of the Indian Ports Association,

New Delhi.

We request you allow

submission of EMD in the form

of Bank Guarantee as well.

Clause remains unchanged

Name of Firm : M/s CRISIL

5 Clause 7.1 Average annual turnover during the

last 3 financial years ending 31st

March (, 2013-14, 2014-15 and

2015-16) should be at least, Rs 75

Lakhs

We observe an accounting cycle

with year ending on December

31st. Thus request you to accept,

Average annual turnover during

the last 3 financial years ending

with 31st December (2013, 2014

and 2015)

Accepted w.r.t only those

companies who observe

accounting cycle with year

ending on December 31st.

6 Clause 8.1.1

The applicant should submit clients

completion certificate for each

assignment to support their claim

along with firm’s experience and

team experience separately in not

more than 2 pages for specific

assignments by the authorized

person of the firm.

Request to consider the mandate

letter or CA certificate in cases

where completion certificate is

not available.

Certificate from statuary

auditor for receipt of 100%

professional fee for each

assignment to support the

claim will also be considered in

place of completion certificate.

However, if required, IPA will

verify the completion claim

from client.



3


7 Appendix-1 Note: For each additional

project - additional 2 points will

be given if the similar project

cost is not less than Rs. 100 cr

and 3 points if the similar project


and 5 points if the similar project

cost is not less than Rs. 200 cr.

Request for change in scoring

to: For each additional project

- additional 3 points will be

given if the similar project


and 5 points if the similar

project cost is not less than

Rs. 125 cr and 8 points if the

similar project cost is not less

than Rs. 200 cr.


8 Appendix 1 Minimum Qualification for ·

Finance Key Personnel: Either CA

or ICWA or CFA or MBA

(Finance) having 5 years’

experience.

We request the Authority to

consider Post Graduate Diploma

(Finance) and Master of

Management Studies (Finance)

as equivalent to MBA

Clause Amended.

It may be read as:-

Minimum Qualification for

Finance Key Personnel: Either

CA or ICWA or CFA or MBA

(Finance) (or Equivalent)

having 5 years’ experience.

9 Guidance Note at Schedule (Refer

10.3)

3. Conflict of interest may arise

between the Major Ports/IPA and a

Transaction Advisor or between

Transaction Advisors and present

or future concessionaries/

contractors. Some of the situations

that would involve conflict of

interest are identified below:

(a) Major Ports/IPA and

Transaction Advisors:

(i) Potential Transaction Advisor

should not be privy to information

from Major Ports/ IPA which is not

We request deletion of the

statement as those firms that are

currently providing TA services

for Major Ports will not be able

to apply for empanelment as

they have worked on projects as

part of their scope




4


available to others; or

(ii) Potential Transaction Advisor

should not have defined the project

when earlier working for the Major

Ports/IPA; or

(iii) Potential Transaction Advisor

should not have recently worked

for

10 8.1.1 The applicant should provide

details of completed assignments in

the last 07 years to demonstrate

experience in providing the

consultancy service.

Request considering projects

which were completed on or

after 1/01/2010, for eligibility

and scoring

Projects completed from

February 2010 onwards will

only be accepted

Name of Firm : M/s Almondz Global Securities Limited

11 Page 3 : Indian Ports Association

invites Requests for Qualification

(RFQ) for empanelment as

Transaction Advisors for class

namely:

Class-A (Transaction Advisory

Services for the PPP Projects with

Estimated Cost of Project more

than 250 Cr).

Since the marking table for all

the classes namely A,B,C has

been given on page 10.

Kindly clarify whether this

empanelment is to be done for

only A category or for B & C as

well.

This RFQ is only for Class-A

projects. Under Class- A, 3 list

of empanelment will be

prepared based on marks

obtained i.e. Category-A TA,

Category-B TA & Category-C

TA.

Pl refer to Addendum-2.

12 The requisite document fee of Rs.

10,000/- in the form of Demand

Draft drawn in favour of Indian

We had submitted the document

fee of Rs. 10,000/- for

Empanelment of Transaction

Not accepted. Since document

fees is non-refundable, needs to

be submitted again.



5


Ports Association shall be

submitted along with bid.

Advisor for Major Ports, May,

2016, which was subsequently

annulled.

We request the authority to

kindly adjust our document fee

of Rs. 10,000/- with this

Empanelment.

Name of Firm : M/s SPA Capital Advisors Ltd

13. A similar RFQ No.

IPA/GAD/Consultant-FA/2016

dated 07/12/2016 was issued for

Financial Consultants similar to

this RFQ- IPA/GAD/Consultant-

TA/ 2017 dtd 24/02/2017 for

Transaction Advisors

Both the RFQs are similar and

there is no specific mention

about the Key Persons. Please

clarify if the consultants who

applied in response to the earlier

RFQ No. IPA/GAD/Consultant-

FA/2016 dated 07/12/2016 can

also bid in this RFQ and there

will be no conflict of interest if

selected for both the RFQs

RFQ No.


dated 07/12/2016 has already

been discharged.

This is a fresh RFQ.

14. In the first Para 2 at page5 it is

mentioned "To execute these

projects, Ports would require the

services of the consultants to assist

the Ports in various activities like

preparation of Feasibility / Project

reports, tariff proposals,

appointment of transaction advisors

Please clarify if the Transaction

advisors need to know what type

of inhouse capabilities are to be

disclosed except the. Team of

Technical Persons like engineers

& other technocrats for

preparation of Technical report,

Tariff Plans etc

TA has to furnish the

experience as per Clause 8.0.

and TP-2.



6


& independent engineers,

preparation of EMP reports, and

project monitoring etc”.

15 As per Clause 6 at page 6 & 7,

under Brief Scope of Transaction

Advisor need to do several

technical work like :Preparation of

Techno Economic Feasibility

Report if required, Preparation of

Expression of Interest PPP

(BOT/Captive) projects and its

evaluation, As per the Model

Documents of Ministry, preparing

RFQ on the basis of Feasibility

Report and updated figures, data

and statistics, etc. ,scrutiny &

evaluation thereof, Preparation for

Pre-Bid and other meetings,

conducting the same, preparing

replies/clarifications in consultation

with officials of Ports. Preparation

of Tariff Proposal as per prevailing

standard guidelines issued by

TAMP, clarification to the queries

raisedby TAMP and assist Port for

finalization of the same from

TAMP etc

Please clarify if the Bidders are

supposed to have the relevant

Technical Experts at their rolls

or as FTE or may use the experts

from their approved panel.

Pl refer clause 8.2.

Employees/Professionals who

have exclusive long term

contract for more than 3 years

shall be considered as FTE

professionals.



7


16. In the first last Para at page 8 under

"Similar Work" it is mentioned

"The Tenderer should have

experience of providing

Transaction Advisory Services i.e.

providing qualified Legal,

Financial & Technical Experts with

a minimum Three years experience

for carrying out PPP Transactions

in any infrastructure Projects"

1. Please clarify the types of

Technical & Legal Services to

be provided means any of the

services provided in the Scope

of Work as per this RFQ and for

PPP Transactions, Please clarify

the definition of the PPP

projects. If the following types

of projects will be considered

a. where in project given to

Private land was given by Govt

as part of its contribution but

when it was completed

other PSU taken over and

completed the same.

b. Where the projects are given

under MOU to Private sector to

put up the power projects and

Govt assured the

buyback of Power from them at

certain predefined rates

c. Please also clarify if the

project of State /Central Govt

was given for Credit

Enhancement with the resultant

credit rating and the project has

to be developed under PPP

model. Such projects will be

covered under PPP model

The Clause is self-explanatory.



8


d. In case where the projects

(Road Projects) were developed

by Pvt Sector and later

transferred to Annuity Model

2. Please also clarify the projects

un EWS Housing will be

covered under Infrastructure

Projects.

17 As per note under clause 8.1.1 at

page 9 under the heading Response

it is mentioned, "The applicant

should submit clients completion

certificate for each assignment to

support their claim along with

firm’s experience and team

experience separately not more

than 2 pages for specific


person of the firm."

Please clarify the limitation of

not more than 2 pages is for the

whole team experience or an

individual member of the Team

The clause refers to details of

the nature of consultancy

provided for each completed

assignment.

18. As per clause 8.1.1 at page 9 under

Evaluation Criteria for Class A

'The applicant should provide

details of completed assignments in

the last 07 years to demonstrate

experience in providing the

consultancy service.' and also

1. We request that all the

projects done by the company

may be considered for

Qualification and for total

experience for total points. In a

recent RFQ by Ministry of

Urban Development the all the

projects done by bidders were

Clause remains unchanged.

The RFQ document as stated is

comprehensive to answer all

your queries



9


under clause 7.2 at page 8

providing "Experience of having

successfully completed similar

works during last 7 years, ending

last day of the month previous to

the one in which applications are

invited should be either of

following..."

considered not limiting to a few

years only.

2. Here, please also clarify how

to ascertain that the bidder is in

providing similar services

during all the last seven years or

the bidders should be in

existence for last seven years

and may or may not done

similar projects in all the last 7

seven years

3. No pre-Qualification for

Category B & C provided.

Please clarify if the same

prequalification applies to Type

B & C of Seven years'

experience and minimum size of

the projects

Refer Addendum No-2

19. As per clause 8.1.1 at page 9 under


Response : The applicant should

submit clients completion




Normally there is no certificate

is provided by the client. Please

clarify that in absence of clients,

the bidder may provide the proof

of the receipt of the fee for the

assignment as the necessary

document










10


experience separately not more



person of the firm.


from client.

20. As per Clause 8.2.1 at Page 9

‘Human Resources under main

heading Evaluation Criteria’ Full

Time equivalent (FTE)

Response: The applicant should

submit clients completion




experience separately in not more



person of the firm.

Please clarify how the FTE

professional is defined

2.Even for Key Personnel the

certificate from the Clients is not

issued and it is requested to do

away with this condition

FTE refers to full time

equivalent. Employees/

Professionals who have

exclusive long term contract

for more than 3 years.

21 As per Clause 8.2.1 at Page 9

‘Evaluation Criteria’ Response The

applicant should indicate the details

of FTE professionals along with

supporting documents for their

engagement and provide an


Please clarify what supporting

document for engagement or

only the declaration by the

Bidder will be Sufficient

Employees/ Professionals who

have exclusive long term

contract for more than 3 years


professionals.

Letter issued by the HR



11



professional in that category



document for employment in

addition to the document

required under clause 8.2.

22 As per clause 10 at Page 17 under

Conflict of Interest’: The normal

way to identify conflicts of interest

is through self-declaration by

Financial Advisors. Where a

conflict exists, which has not been

declared, competing companies are

likely to bring this to the notice of

the Major Ports/IPA. All conflicts

must be declared as and when the

Financial Advisors become aware

of them

SPA Capital Advisors is a

leading Merchant

Banker/Arranger for raising the

large debts. If at any further

stage Bidders are required to

shortlist the Arrangers of Funds

Raising for the Projects of the

Individual Ports, there may arise

Conflict of Interest. Please

clarify should we declare the

same at the time of this Bid and

address the same by defining

different teams for Fund Raising

and Financial Advisory as

defined in the ‘Guidance Note

on Conflict of Interest’

applicable for large companies

avoiding Conflict of Interest

through the use of Chinese Wall

Yes

23 Appendix-I

Clause 2.1 page 22 under "Details

of full time Equivalent (FTE)

professional as per Clause 8.2.1

(Project value more than Rs 250

1. Please clarify ‘Min 20 FTE’

means minimum 20 Full Time

Professionals employed in

relevant activities and also how

"Project value more than Rs 250

FTE refers to full time

equivalent. Employees/

Professionals who have

exclusive long term contract



12


Crs)Min 20 FTE Cr" means to relate with the

FTE and how to define FTE as

per RFQ

2. Please also clarify the

Organizational Chart motioned

here is to given for the whole

company or Group or the Team

handling the assignment as

Financial Advisors to be

proposed in the present RFQ

3. Pease also clarify If Team

Lead working on the other

projects may be common now or

a exclusively dedicated team is

required.

4. Please also clarify how to

relate the term (Project value

more than Rs 250 Crs)

mentioned

for more than 3 years.

As per clause 8.2.1

organisation structure of the

applicant need to be submitted.

This will be considered while

inviting price bid.

The total cost of the project

will be considered.

Name of Firm : M/s IIFCL Projects Ltd

24 (RFQ) FOR EMPANELMENT OF

TRANSACTION

ADVISORS

IPA had conducted a similar

exercise for Empanelment of

Consultants (Financial Experts)

in December 2016. The scope of

work for the empaneled

consultants among other things

included preparation of Bid

Documents, Conducting Bid

RFQ No.


dated 07/12/2016 has already

been discharged.

This is a fresh RFQ.



13


Process Management etc.

similar to that of Transaction

Advisor.

Since there seems to be an

overlap in the Scope of Work,

we would like to request IPA to

clarify, whether the panels shall

co‐exist and how the work

between the two panels will be

allocated.

25. Page 8

Qualification Criteria for

Empanelment of Consultant‐

Transaction Advisor

Similar Works: The Tenderer

should have experience of

providing Transaction Advisory

Services i.e. providing qualified

Legal, Financial & Technical

Experts with a minimum Three

years experience for carrying out

PPP Transactions in any

infrastructure Projects.

We believe that a successful

infrastructure project requires a

very strong financial appraisal

of the project by the consultants

and make the project bankable

to facilitate the developer in

achieving financial closure. In

order to make the process of

empanelment more inclusive for

IPA/Port Trusts to have access

to the most relevant advice, we

suggest that the description of

Similar Works be amended as

follows:

“The Tenderer should have

experience of providing

Transaction Advisory Services




14


i.e. providing qualified Legal,

Financial and Technical

Experts, as required, for

including preparing

revenue/financial model with a

minimum three years in carrying

out PPP

Transactions in any

infrastructure Projects to

government, regulatory

commission, tribunal,

multilateral agencies, statutory

authority, public sector entity or

public sector financial

institution”

26 Page 8


Empanelment of Consultant‐

Transaction Advisor







years’ experience for carrying out



Our Suggestion is that if the

Transaction Advisors are not

expected to carry out any

Technical Services, IPA may

remove the requirement of

having provided Technical

Experts from the definition of

Similar Works.


27 Page 8


Empanelment of Consultant-





We believe that it’s not the

length of experience of the firm

but the quality of experience of

the firm, accordingly we request




15


Transaction Advisor



years experience for carrying out



IPA if they could relax the

criteria of Minimum Three years

to Two Years in the definition of

Similar Works.

28 Page 11 Point 9.8

General Conditions

For applicants who are subsidiaries

of foreign companies (Equity of

Foreign entity more than 50%) and

if their turnover are claimed, the

IPA/Major Port shall insist for a

letter from the Parent Company to

make their services available to

Indian Company as required and

demanded by IPA/Major Port

without any extra financial

liabilities.

In order to be able to provide the

best team for the assignment and

to be able to provide multi-

disciplinary advice to IPA/Port

Trusts, we suggest that

applicants be allowed to

showcase the expertise in terms

of Key Personnel of their

Parent/Group companies (Indian

or Foreign Entity). Hence, we

request you to kindly modify the

referred clause as follows:

“For applicants who are

subsidiaries/associates of

Foreign /Indian companies

(Equity of Parent entity more

than 50%) and if their

turnover/expertise are claimed,

the IPA/Major Port shall insist

for a letter from the

Parent/Group Company to

make their services available to

Applicant as required and




16


demanded by IPA/Major Port

without any extra financial liabilities.”

29 Page 9

Stage-II (Short listing/Scoring

criteria for empanelment of

Transaction Advisor)

8.1.1

(For Class A) Response : The

applicant should submit clients




team experience separately not



person of the firm.

In-order to have a strong

qualification criteria and better

screening process for quality

work & consultants, completed

projects and there support

documents should be

mandatory, however there are

cases where consultants are

engaged on a retainer ship

/empanelled basis where there is

substantial work being

completed on a one-time fixed

fee amount. Hence, we request

you to kindly modify the

referred clause as follows:

“The applicant should submit

client’s completion certificate

or CA Certificate for receipt of

100% professional fee for each

assignment to support their

claim along with firm’s

experience and team

experience separately not



person of the firm.”










from client.



17


30 Page 22

Appendix 1

2.1

Details of full Time Equivalent

(FTE) professional as per Para

8.2.1

For 20 FTE – 10 points

More than 20 FTE – 15 points

We believe that an

Organization’s staff strength

is essential in evaluating the

proposal, however the emphasis

could be on quality of personnel

rather than the quantity being

disclosed,

We suggest to amend the

following as:

For 10-15 FTE (With relevant

work experience) – 10 Points

For more than 15 FTE (With

relevant work experience) – 15

Points


Name of Firm : M/s Deloitte Touche Tohmatsu India LLP

31 General Kindly provide the status of the

earlier empanelment for

Transaction Advisors

undertaken by IPA. Please

confirm whether the Transaction

Advisors empanelled earlier

required to resubmit the

Application

Earlier empanelment stands

discharged.

Please refer to our Notice of

the website.



18


32 Section 6, Page No. 6 Brief scope of

Transaction Advisory Services for

Class-A for PPP Projects

Co-ordination and correspondence

with concerned statutory

State/Central Govt.

organizations/persons.

We understand that consultants

are not required to do any

liaising work with State

Government, Central

Government and inter & Intra

departmental liaising. Kindly

confirm our understanding

Co-ordination and

correspondence work with

respective Statutory

Authorities does not

tantamount to liaison work

33 Section 5, Page No. 7 Categories of

Empanelment

After signing of agreement with

concessionaire, provide

financial/legal opinion on

implementation & operation of

terminal

We understand the scope of

work will be limited to

contractual provisions related to

the Concession Agreement. The

consultant is not expected to

provide advice related to

business law, litigation, dispute

resolution or any such matter in

relation to implementation &

operation of terminal. Kindly

confirm our understanding

The clause remains unchanged.

Broad Scope on the subject

shall be elaborated by the

respective port/organization in

the offer invited for Price Bid

34 Section 8 Page No. 9 Stage-II (Short

listing/Scoring criteria for

empanelment of Transaction

Advisor). 8.1

The applicant should submit clients




team experience separately not



person of the firm.

In many cases client doesn’t

provide completion certificate. It

is therefore requested to allow to

submit other documentary

evidence such as engagement

letter, letter of award etc.









from client.





team with the team leader and

We would like to highlight that

the FTE professionals working

with us has wide range of

Employees/Professionals who

has exclusive long term



19


Advisor). 8.2.1 the role and responsibility of

each key member.


details of FTE professionals along

with supporting documents for

their engagement and provide an



professional in that category.

industry experience. The

experience of individuals may

be from their earlier

organizations.

As an Industry wide practice,

self-certification from

professional are allowed.

Therefore, we request you to

kindly allow self-certification of

Individual.

contract of more than 3 years


professionals.

Letter issued by the HR



documents in addition to the

requirements at 8.2.1.




Advisor). 8.2.2

Key Personnel The applicant

should indicate the team key

personnel with experience in

finance and legal

The RFP seeks expertise in

financial & legal aspects. We

would like to highlight that legal

practice is regulated by Bar

council of India and typically,

the Financial/Transaction

advisory firms associate with

registered legal practitioners on

case to case basis. This also

helps in providing the best legal

expertise suited to the need of

the project.

Seeking legal expertise at this

stage would necessitate

exclusive association for legal

expertise and might not be in the

best interest of IPA.

We request to kindly omit the

legal person requirement from




20


RFP for empanelment of

Consultants and same may be

procured & demonstrated by the

empanelled Transaction advisor

on project to project basis, prior

to selection for respective

projects.

37 Section 8 Page No. 10 Empanelment

Categories 8.3

The applicant may be empanelled

based on Marks obtained as

Follows.

Category Percentage of

Marks

Category-A >/=90%

Category-B >/=80%

Category-C >/=70%

Shall not be

considered for

empanelment

< 70 %

Please explain the significance

of these categories with regards

to Empanelment of Consultant This RFQ is only for Class-A

projects. Under Class- A 3 list

of empanelment will be

prepared based on marks

obtained i.e. Category-A TA,

Category-B TA & Category-C

TA.

Pl refer to Addendum-2.

38 Section 9; General Conditions; 9.15

EMD

The Earnest Money shall be paid in

the form of Demand Draft (DD)

issued by a Nationalized Bank /

Scheduled Bank drawn on New

Delhi Branch of the Bank in favour

of the Indian Ports Association,

New Delhi. The EMD must be

forwarded in separate cover (cover

I) along with Tender. In case, it is

not forwarded as stated above, the

tender will be liable to be rejected.

No cash remittance along with the

tender will be accepted. The

EMD of successful bidders/

Empanelled bidders will be

retained for the entire period of

empanelment i.e 3 years by IPA

or such extended period by IPA.

We understand that EMD of all

successful bidders will be kept

for 3 years and it will be

refunded after 3 years.

Kindly confirm our

Understanding is correct



21


amount of earnest money will be

refunded to disqualified

Tenderers/non Short listed

tenderers as soon as possible by

IPA. No interest will be allowed on

the earnest money from the date of

receipt until it is refunded. EMD of

successful bidders/Empanelled

bidders will be retained for the

entire period of empanelment i.e 3

years by IPA or such extended

period by IPA.

understanding.

Also, it is suggested that EMD

for the purpose of empanelment

may be refunded and instead

project specific EMD may be

sought for each project under the

empanelment.


39 Annexure 1, Page 45 Technical Proposal – Other

Undertakings Undertaking

regarding non-disclosure/sharing of

confidential information with third

parties

As per the industry practices,

non-disclosure agreements have

a sunset period defined as

perpetual non-disclosure

agreements are open to contest.

Accordingly, it is requested that

the nondisclosure obligations

may be limited to empanelment

period and two years thereafter.


Name of Firm : M/s TATA Consulting Engineers Limited

40 Page 6-

Brief scope of Transaction

advisory services for Class-A for

PPP Projects

Kindly delete “Preparation of

Techno-Economic Feasibility

Report if required” as a typical

TEFR requires 80% technical

expertise and 20% Financial

domain & analysis




22


41 Page 23-Appendix-I Key personnel

as per para 8.2.2

Under minimum qualification

criteria mentioned for Key

personnel’s, technical Key

Personnel is not listed, hence

reinforces the deletion/exclusion

of TEFR from the eligible jobs

types mentioned for evaluation.


Name of Firm : M/s SREI

42 Clause 7.1 Experience of having successfully

completed similar works during

last 7 years

Since the progress of PPP

Projects is rather slow in the

country, we would request you

to kindly consider time frame of

10 years instead of 7 years

preceding the PDD.


Name of Firm : M/s Capital Square Advisors Private Limited

43 Note no. 2 of point No. 8 on


The applicant has to score

minimum 50 % points in each

sub criteria viz 8.1.1, 8.2.1 and

8.2.2 for getting qualified.

Pl refer Note 1 & 2 and clause

8.3 on page 10.

44 Clause 8..2.1 provides as under Full

Time Equivalent (FTE) professional


team with the team leader and the

role and responsibility of each key

member

Upto 15 points as per criteria

given at Appendix 1 Clause remains unchanged

45 45 points for Human Resources as

per Para 8.2, of which 15 points

2.1 of Appendix 1

Details of Full Time Equivalent

Professional as per Para 8.2.1.

For Class A ( Project value more

than Rs. 250 Crs – Min 20 FTE)

For 20 FTE 10 points

More than 20 FTE 15 points


46 2.1 of Appendix 1 Details of Full Time Equivalent

professional as per Para 8.2.1.

For Class A ( Project value more

than Rs. 250 Crs – Min 20 FTE)

For 10 15 FTE 7.50 points

For 16 20 FTE 10 points

More than 20 FTE 15 points
