Professional Documents
Culture Documents
Mumbai Port Trust: Civil Engineering Department
Mumbai Port Trust: Civil Engineering Department
TENDER NO.E.105/2018
WEBSITE: http://www.mumbaiport.gov.in
and/or www.eprocure.gov.in
E MAIL: ce@mbptmail.com
Tender Schedule: -
TENDER INFORMATION
6. Earnest Money Deposit Rs. 5,62,000/- (Five Lakh Sixty Two Thousand)
payable in the form of Bank Guarantee or Demand
Draft/Pay Order Payable to “THE BOARD OF
TRUSTEES OF THE PORT OF MUMBAI”.
6. Security Deposit Initial Security Deposit
Additional Security Deposit
Performance Security
7. Contract Period TEN (10) years’ period from the date of handover of
the Island to the successful Bidder.
8. Validity of Offer 180 days from the date of submission of First Cover
Tender No.E.105/2018
OPERATIONS AND MANAGEMENT OF KANHOJI ANGRE
ISLAND (KAI) AS A TOURIST DESTINATION
UNDERTAKING BY THE TENDERER
To
Witness's : Tenderer's :
Signature Signature
Name : Name :
Designation : Designation :
Address : Address :
Tel No Tel No
Date Date
Invitation:
1.1. Digitally signed and uploaded, Online bids under Single Stage Two Cover system
are invited on the basis of Fixed Fee and maximum revenue share offered by the
bidder. The tenders are invited by the Chief Engineer on behalf of “Board of
Trustees of the Port of Mumbai” (also referred to as Mumbai Port Trust) from
the experienced firms having experience in Hospitality & Entertainment /
Edutainment Sector with proven technical and financial capabilities of executing
“OPERATION AND MANAGEMENT OF KANHOJI ANGRE ISLAND (KAI) AS A
TOURIST DESTINATION”.
1.2. The tender is to be submitted under two cover system, the first cover containing
technical information and second cover containing the price bid.
1.3. The salient features of the Tender-
i. The entire Island will be maintained by the operator with best standard or as
directed by MbPT from time to time to modify it as per their requirements.
All the expenditure incurred on this will be the liability of operator.
ii. As the objective is to give free hand to the operator to adopt best practices
for the operation and management of vacant spaces of Island according to
their need and the directives of the authority, for which infra-structural
developments has been proposed to be undertaken by MbPT under EPC.
iii. The operator shall maintain the existing structures and newly constructed or
erected new structures up to the standard to meet the taste of tourist as per
international level/standards.
iv. The operator shall maintain the existing and newly constructed footpath,
pathway, trekking path, hard paved area etc. up to the standard and
satisfaction of the authority.
v. The operator shall arrange for setting up of camps by providing tents in the
designated area / locations matching with the taste of tourist inclusive of all
the necessary amenities such as air-conditioning, Furniture’s, Furnishings,
consumables etc. matching to the standard of minimum star category
hotels. All the expenditure towards this activity will have to be borne by the
operator. The operator will have the freedom to decide the type of tents as
per the demand / requirement of the tourist.
vi. The operator will arrange for the water sports activities or adventure sports
activities in the Island as per their business model on the designated area /
locations. All the equipments required for this activity shall be arranged by
the operator at his own cost. The safety procedure shall be enforced and to
be adopted by the operator to operate the activities in accordance with the
safety manuals of individual activities and with approval of authorities if
required.
vii. The operator has to arrange to setup the restaurant/ cafeteria at the
designated location at their own cost with all the furniture’s, fittings,
equipments, furnishings, cooking arrangements, utensils, cutlery etc. as per
the taste and requirement of the tourist, which should match the
international standard.
viii. The operator has to arrange to setup the waiting lounge, Information Kiosk,
souvenir shop, changing rooms etc. with furniture, furnishings and other
requirements of the tourist in such a manner to give the feelings of comfort
and hospitality dignifying the Mumbai Port as Gateway. It should be as per
the international norms and will be maintained and managed by the
operator.
ix. The operator shall maintain the landscape area, hardscape area including
gardens having flower beds created by MbPT up to the standard including
providing saplings, manure, red earth, pesticides, insecticides, fertilizers
etc. required for maintenance of the same at their own cost. The lawn shall
be maintained on regular basis to create the ambiance of comfort to the
tourist. The operator shall arrange adequate water for the same at his own
cost.
x. MbPT will install and activate solar panels having capacity to generate
150KW and DG set having capacity of 25 KVA for generation of electricity
for the entire Island. Bidder shall operate and maintain the entire solar unit
and DG sets at his own cost including the provision of fuel and spare parts
etc.
xi. In the event of falling short of electricity from solar power and DG sets, the
bidder shall make his own arrangement for another DG set to cater the
requirement of the electricity to the entire Island as per the demand.
xii. The operator shall provide PA system, CCTV system, Internet system, Wi-fi
services, Tourist services, Guide services, Information services etc.as per
the requirement of tourist at his own cost required if any.
xiii. The operator shall provide adequate nos. of queuing system, trollies of
different sizes, wheel chairs, sofas and chairs at desired locations as per
the requirement of tourists at his own cost to enhance their business.
xiv. The operator shall carry out the housekeeping of entire area which includes
existing structures, newly created structures, footpath, trekking path,
gazebo, restaurant, cafeteria, changing room, information kiosk, waiting
lounge, toilet blocks, kitchen etc. at his own cost with adequate provision to
make it hygienic by supplying/ replace/ providing all the toiletries,
deodorant, freshener, etc. to suit the taste of tourist as per the international
standard. Including sweeping and washing the areas on regular basis.
xvi. The operator shall arrange to dispose the waste generated in the island
through composting or taking them out of the island premises on regular
basis. In any case the dumping of waste is not permitted in the island
except for the Bio-degradable material, which can be composted. The
Island shall be maintained as Plastic free area.
xviii. The operator shall provide and maintain the Toilet blocks to keep it properly
sanitized and Hygienic by cleaning, washing on regular basis, providing
hand wash, detergents, paper rolls, paper napkins, towels, air fresheners
etc. regularly through replenishing the same as per the requirements of
users at their cost.
xix. The operator shall provide Dustbins, Litter Box, signage / display boards,
electronic display system if required, adequate mobile charging points/booth
at desired location to facilitate the tourist for proper movement inside the
Island at their own cost.
xx. The operator can provide vending machine for the hot and cold drinks,
Water fountain, Tea/ Coffee machine etc., or any other such things as per
the demand of tourist at his own cost to make the business successful.
xxi. The operator shall provide adequate security throughout during the contract
period 24*7 inside the Island. The liability of security of the entire island will
vest with the operator.
xxii. The operator shall maintain the existing lighthouse in its shape and size as
per the instruction of MbPT/DGLL given time to time up to the standard. The
cost towards it will have to be borne by the operator.
xxiii. The operator shall maintain electrical/electrification works, plumbing works,
firefighting equipments/works, drainage, water harvesting system, sprinklers
in the garden etc. created by MbPT at his own cost up to the standard.
However, the same may be modified if required by the operator with the
approval of MbPT. The operator under this contract shall ensure for the
betterment and proper utilization of the same.
xxiv. The operator will have the freedom of fixing the rent charges towards tent,
food and beverage, water sports and adventure sports activities and any
other activities rates as per his business model. However, he will not charge
any entrance fee from the tourist for entering/visiting the Island. The charge
of visiting Light house is to be fixed maximum @ Rs. 20/- per person
irrespective of age and shall be collected by the operator.
xxv. The operator shall fulfill the requirements of any other department such as
Police, Health and Quarantine, Drug and Narcotics, Security, Port, Tourism,
Navy, MMB etc.as per their request/requirement.
xxvi. The operator shall arrange transportation for tourist to and fro from Ferry
wharf, Mora, Mandwa, Gateway of India, etc. or from any other location as
decided by the operator or with the Launch operator. The transportation
cost will be borne by the tourist themselves.
xxvii. Operator shall provide his own arrangements for tourists for the ticket
booking, at the city points within the vicinity of Mora, Ferry wharf, Mandwa,
2. ELIGIBILITY CRITERIA:
2.1 Financial Criteria: The project cost is Rs. 281 lakhs.
a) The Average Annual financial turnover during the last preceding three years ending
31.03.2018 should be at least Rs. 84.5 lakhs. The bidder must submit the
Proforma-1 duly Certified by the Chartered Accountant.
b) The Bidder should have positive cash flow for the preceding three years.
(b) Two similar works during the last seven years ending 31.08.2018, costing not less
than Rs.140.50 lakhs.
(c) Three similar works during the last seven years ending 31.08.2018, costing not
less than Rs.112.40 lakhs.
“Similar Works” – The bidder should have experience in operation and management
of Hospitality & Entertainment / Edutainment Sector either as an owner or as O&M
Operator during last preceding Financial 7 years. In case of bidder as an owner, the
CA’s certificate for the experience claimed is necessary and for O&M Operator
employer’s certificate is mandatory.
Note – Hospitality & Entertainment / Edutainment Sector would be deemed to
include Hotels/Resorts, Recreational & Sports Activities (including Adventure/Water
Sports), Amusement / Theme Parks etc.
3. Eligible bidders: The bidder may be a single entity or a group of entities (herein after
referred to as consortium), coming together for providing the services. The term bidder
used hereinafter therefore apply to both a single entity, joint venture and as a
consortium. The bids from Joint Venture with two firms will be considered. Maximum
three members is permitted to form the consortium.
i) Members of the JV/consortium shall nominate one member as the lead member. The
lead member should satisfy the financial criteria individually, however, the technical
criteria can be fulfilled by the member of the consortium individually/severally.
ii) The proposal should content the information sought in this document for lead member
and all other members.
iii) In case of JV/consortium after the award of work till the completion of assignment in all
respect the change of lead member is not permitted.
iv) For the propose of evaluation past experience of the firm will be considered only if the
firm has executed works in the capacity of lead member or prime contractor.
v) The firm who has purchased the proposal document must be a member of
JV/consortium.
vi) The proposal shall be accompanied by a legally binding Memorandum of
Understanding (MOU) signed by all firms stating their administrative arrangement for
the management and execution of the work, duties and responsibility and scope of
work undertaken by each firms.
vii) The consortium has to furnish an undertaking that the firms are jointly and severally
liable to the employer for the propose of the contract.
viii) The lead firm will be authorized to incur liabilities and to receive instructions and
payment for and on behalf of JV/consortium.
ix) In the event of default by any member in the execution of assignment or part thereof,
the lead member will have the authority to assign the apportioned work to any other
member acceptable to the Employer to ensure satisfactory completion of the services.
4. FIXED FEES - The bidder shall pay in advance the fixed fee amounting to Rs. 5 Lakh
(Rupees Five Lakh) per year, which is subjected to 4% escalation annually. This fee is
separate from the revenue share offered by the successful bidder.
5. REVENUE SHARE - The bidder has to pay the revenue share as quoted in the
financial offer calculated at the end of accounting year and shall be duly checked,
approved by the Auditor authorized by MbPT. The revenue share shall include the
revenue from all the services and activities provided by the operator in their business
venture at the Island. The appointment of auditor will be with mutual consent of MbPT
and the operator.
6. The sources of revenue for the operator would include:
a. The entrance charges collected from the tourist visiting Light-House @ Rs. 20/- per
tourist irrespective of their age.
b. Revenue from commercial use from Food& Beverages, Accommodation by tent,
Camping, water sports activities, Adventure sports activities etc.
c. Revenue from Entertainment, Recreation, Shows, Heritage walk etc.
d. Revenue from advertisement inside the Island area and any other activities
permitted by MbPT.
7. MbPT plans to spend Approx. Rs.8 crores for the development in the island under EPC
contract. The investment by O&M operator has to be ascertained by the bidder as per
his plan, by considering the services and activities to be carried out by him in the island.
However, for the estimation of actual costs and technical and financial viability of the
Project, the Bidder may undertake his own study. The cost and reliability of such study
shall be the sole responsibility of the Bidder.
8. No Bidder shall submit more than one Bid for the Project. A Bidder applying individually
or as a member of a Joint Venture/Consortium shall not be entitled to submit another
Bid either individually or as a member of any Joint Venture/Consortium, as the case
may be.
9. Selection of bidders:
The bidders who satisfies the eligibility criteria will be shortlisted for opening of the
financial cover of their bid. The work will be awarded to the bidder offering highest
revenue share in addition to the Fixed Fee of Rs. 5 Lakh (Rupees Five Lakh) per
annum with annual increment of 4%.
10. The pertinent information of the work is as under –
Tender Fee Rs.5250/- inclusive of GST@5% payable in the form of
Demand Draft/Pay Order Payable to “THE BOARD OF
TRUSTEES OF THE PORT OF MUMBAI”.
Earnest Money Deposit Rs. 5,62,000/- payable in the form of Bank Guarantee or
Demand Draft/Pay Order Payable to “THE BOARD OF
TRUSTEES OF THE PORT OF MUMBAI”.
Security Deposit Initial Security Deposit
Additional Security Deposit
Performance Security
Contract Period Ten (10) years’ period from the date of handover of the
Island to the successful Bidder.
Validity of Offer 180 days from the date of submission of First Cover
12.4 Price Bid: The bidder shall submit his offer online in the format provided in Price Bid
and no other format is acceptable. The price bid has been given as PDF file with the
tender document and the same is to be downloaded and filled by the bidder. The
bidder should submit the scanned price bid after filling all the figures according to
the Instructions for Online Bid Submission and instructions at e-Procurement
website https://eprocure.gov.in Price bid should not be submitted in hard copy
format in any case.
13. Bids will not be considered in case the EMD and or Tender Fee is not submitted in the
form and manner described above.
14. The tenders duly completed in accordance with the ‘Instructions for online Bid
Submission’ and ‘Instruction to Tenderers’ for preparation and submission of tenders
contained in this tender document.
15. The rate quoted by the tenderer shall be exclusive of GST.
16. The downloading and submission of Tender Documents shall be carried out as
mentioned in the tender set and instructions at e-Procurement website
https://eprocure.gov.in. No editing, addition/ deletion of matter shall be permitted.
17. Sealed Cover as described above which if submitted after due date and time, will
be considered as Late Bid and will not be accepted. Such sealed cover received shall be
returned unopened to the Bidder. The online bid submitted by such bidder will not be
opened. Bidders to note that MbPT shall not be responsible for late receipt of any bid due
to postal delays or any other delay for whatsoever reason.
18. Offer received from tenderer with counter conditions will be summarily rejected and
such offers will not be evaluated and considered at all.
19. The tenders shall remain valid for a period of 180 days from the date of opening of
the first cover of the tender.
20. The Board of Trustees of Port of Mumbai reserves the right to reject any or all
tenders without assigning any reason or to accept any tender in whole or in part(s).
21. Mumbai Port has the right to ask for any relevant documents during the scrutiny of
tender for verifying the facts. The bidder should ensure the same to be given on time as
per the request made by the department.
21. Tenderer who is registered with National Small Industries Corporation (NSIC),
Govt. of India enterprises under “Single Point Registration Scheme” of Ministry of MSME
shall be eligible for issue of tender document free of cost and exemption from payment of
EMD. They are required to submit documentary proof of such registration along with their
offer as detailed in Instructions to Tenders, for claiming the available exemptions.
22. The bidders shall produce ESIC, EPF and other social security registration details
as an employer at the time of appointment of labour/workmen for carrying out the work
under the contract along-with his/her bank details.
23. The Contractor will be required to submit evidence of payment of wages to the
labour/workman in to their bank account, the statement of remittance towards wages EPF
and ESIC for all workmen employed for the subject work along-with their bills duly verified
by the Executing Officer of MbPT. The wages and remittance for ESIC, EPF shall be in
accordance with the existing laws. The contractor’s bill will not processed/passed in case
of non-compliance of these provisions in the contract.
An Integrity Pact has been incorporated for all Engineering contract works costing
more than Rs.45.00 lakhs. The name of the Independent External Monitor is being
displayed on MbPT Website.
The bidder has to execute Integrity Pact Agreement with Mumbai Port Trust (as per
Annexure K). Shri P.K Gopinath, IPoS (Retd.) has been nominated as Independent
External Monitor for the implementation of Integrity Pact whose address is as under:
C-1/143, Bapanagar
Behind Delhi High Court
New Delhi- 110003
E mail: krishnagopinath@myway.com
25. Scanned Copy of Pre-Contract Integrity Pact (as per Annexure J) is to be uploaded
along with the bid. Original hard copy of the Integrity Pact Agreement shall be submitted
along with the Technical Bid failing which tender shall be considered invalid.
28. For any details /clarification Dy. Chief Engineer, MOT can be contacted on
66564515and e-mail ce@mbptmail.com
29. The Board of Trustees of Port of Mumbai reserves the right to reject any or all Bids
without assigning any reason thereof or to accept any Bid in whole or in part(s).
30. Earnest Money Deposit shall be in the form of Bank Guarantee/Demand Draft
issued in favour of the Employer by a Nationalised Bank or Scheduled Bank operating in
India, enforceable and encash able at Mumbai and it shall remain to be valid for a period
of 180 (one hundred and eighty) days plus 60 days claim period, calculated from the Bid
Due Date
31. Goods and Service Tax (GST) as applicable shall be collected from the operator
through the bills receivable.
Chief Engineer
Annexure – 'A'
(Page 1 of 2)
3. Telephone Nos.:
4. Fax Nos.:
9. Experience of works executed by the bidder (Ref. clause No.2 of Tender Notice).
Notes: Complete details of the above works to be furnished as perPro-forma 2.
Date:_________________________
******
Proforma – 1
2015-2016
2016-2017
2017-2018
Pro-forma -2
1. Name of work :
3. Contact Person :
4. Telephone Nos. :
7. Contract Value :
Note: Bidder shall fill the abovepro-forma separately for each work along-with experience
certificate.
Date:
REGISTRATION
3) Bidders are advised to register their valid email address and mobile
numbers as part of the registration process. These would be used for any
communication from the CPP Portal.
5) Only one valid DSC should be registered by a bidder. Please note that
the bidders are responsible to ensure that they do not lend their DSC’s to
others which may lead to misuse.
6) Bidder then logs in to the site through the secured log-in by entering
their user ID / password and the password of the DSC / e-Token.
1) There are various search options built in the CPP Portal, to facilitate
bidders to search active tenders by several parameters. These parameters
could include Tender ID, Organization Name, Location, Date, Value, etc. There
is also an option of advanced search for tenders, wherein the bidders may
combine a number of search parameters such as Organization Name, Form of
Contract, Location, Date, Other keywords etc. to search for a tender published
on the CPP Portal.
2) Once the bidders have selected the tenders they are interested in; they
may download the required documents / tender schedules. These tenders can
be moved to the respective ‘My Tenders’ folder. This would enable the CPP
Portal to intimate the bidders through SMS / e-mail in case there is any
corrigendum issued to the tender document.
PREPARATION OF BIDS
1) Bidder should take into account any corrigendum published on the
tender document before submitting their bids.
4) To avoid the time and effort required in uploading the same set of
standard documents which are required to be submitted as a part of every bid,
a provision of uploading such standard documents (e.g. PAN card copy, annual
reports, auditor certificates etc.) has been provided to the bidders. Bidders can
1) Bidder should log into the site well in advance for bid submission so that
they can upload the bid in time i.e. on or before the bid submission time.
Bidder will be responsible for any delay due to other issues.
2) The bidder has to digitally sign and upload the required bid documents
one by one as indicated in the tender document.
3) Bidder has to select the payment option as “offline” to pay the tender
fee / EMD as applicable and enter details of the instrument.
4) Bidder should prepare the EMD &cost of tender sets per the instructions
specified in the tender document. The original should be submitted in the
sealed cover as specified in the tender document in person latest by the last
date of bid submission. The details of the DD/any other accepted instrument,
physically sent, should tally with the details available in the scanned copy and
the data entered during bid submission time. Otherwise the uploaded bid will
be rejected.
5) Bidders are requested to note that they should necessarily submit their
online financial bids in the format provided in the tender and no other format is
acceptable.
6) The server time (which is displayed on the bidders’ dashboard) will be
considered as the standard time for referencing the deadlines for submission of
the bids by the bidders, opening of bids etc. The bidders should follow this
time during bid submission.
8) The uploaded tender documents become readable only after the tender
opening by the authorized bid openers.
9) Upon the successful and timely submission of bids (i.e. after Clicking
“Freeze Bid Submission” in the portal), the portal will give a successful bid
submission message & a bid summary will be displayed with the bid no. and
the date & time of submission of the bid with all other relevant details.
ASSISTANCE TO BIDDERS
1) Any queries relating to the tender document and the terms and
conditions contained therein should be addressed to the Tender Inviting
Authority for a tender or the relevant contact person indicated in the tender.
*******
INSTRUCTIONS TO TENDERERS
For Preparation and Submission of Tender
1. Earnest Money Deposit (EMD): The Earnest Money to be deposited
inrespect of this tender is Rs.5,62,000/- (Rupees Five Lakh Sixty-Two
Thousand only)
1.2 Earnest Money Deposit will be accepted only in the form of Bank
Guarantee or Demand Draft issued from any Nationalized or Scheduled
Banks having office in Greater Mumbai limit. The same shall be drawn in
favor of ‘The Board ofTrustees of the Port of Mumbai’ and payable
at Mumbai.
1.5 Proper receipt for having received the Earnest Money Deposit (EMD)
shall be issued to the tenderers after opening of the tenders.
1.6 Refund of Earnest Money Deposit: EMD of all the tenderers, excepting
first three lowest tenderers will be refunded to them within 10 working
days from the date of second cover of tender opening. Such tenderers are
requested to contact the Imprest Clerk, Chief Engineer's Department in
the Head Office. EMD of other tenderers, i.e. any two among the first
three lowest tenderers will be refunded to them only after acceptance of
Work Order by successful tenderer. EMD of successful tenderer will
be retained as Initial Security Deposit (ISD).
2. Procedure for Preparation of tenders:
2.1The Bidder shall furnish certificate/s from their bankers/ financial
institutions to the effect that bidder is financially sound and has sufficient
resources for furnishing the Security Deposit and Performance Security,
as provided in the bid document and also for executing the work as per
the schedule by receiving payment as per the payment schedule detailed
in the bid document.
2.2The tenderer shall furnish all the information sought for in the Proforma 1
to 2 of the ‘Tender Notice’ along with supporting documents as per the
requirement of tender. The tenderer is required to sign and put date,
stamp/ seal on all the documents furnished by him and also in the spaces
provided in the tender document. All the remaining pages of tender
document shall be stamped and initialed by the tenderer. Unsigned
tenders will not be considered. The tenderer shall furnish with the tender
the Power of Attorney, or other acceptable authorization of the person/s
signing the tender.
2.3The tenderers are required to enter in the Second Cover, their Financial
Offer showing amount per Month excluding GST, both in figures and in
words. The amount shall be quoted by tenderer having regard to the
specification, conditions of contract and all other provisions in the tender
document, and no variation in amount etc. will be allowed on any ground
such as mistake, misunderstanding etc. after the tender has been
submitted.
2.4 In addition to the fixed fee of Rs. 5 Lakh per year the Revenue share
offered by the Tenderer shall be based on all the earnings, overheads
and profits and every incidental and contingent cost and charges
whatsoever exclusive of GST, etc., the annual fixed fee will be increased
by 4% every year.
Following are the percentage hike in fixed fee for the consecutive years
to be paid at the start of the particular year and the amount thus worked
out will be rounded off to the nearest thousand rupees.
2.5 The tender documents shall not be defaced or detached. Additions and
alterations or interpolations shall not be made in the tender document.
2.6The tenderers are requested to furnish all details carefully. Any false
information furnished may lead to disqualification and blacklisting.
2.7 Inspection of Site: Tenderers are strongly advised to inspect the Kanhoji
Angre Island and acquaint themselves with the site conditions and
quantum of work involved etc. before tendering. Access to the Island for
inspection will be arranged by Deputy Chief Engineer, MOT, Division,
4thfloor, Vijay Deep, Shoorji Vallabhdas Marg, Ballard Estate, Mumbai -
400001, Telephone No.66564515 / 9869477921, Tenderers can take the
advantage of site visit arranged by the Mumbai Port Trust as mentioned
in the Tender Notice.
2.8 Mumbai Port Trust will not reimburse any costs or expenses incurred by
the tenderer in connection with the preparation or delivery of these
tender including costs and expenses related to the site visit.
3. Submission of Tender:
Submission of the tender shall be as described in the Tender Notice.
Tenders not accompanied by the COST OF TENDER SET AND EMD will
be left out of consideration.
4. Tenderers should not send revised or amended offer after the due date
and time of the tender.
5. Opening of Tenders:
The ‘First cover’ will be opened at the time & date indicated in the ‘Tender
Notice’, in the presence of such of the tenderers who may wish to be
present.
The ‘Second cover’ of short-listed tenderers will be opened at the time
and date to be notified to the concerned tenderers, subsequently. The
Second cover of short-listed tenderers will be opened in the presence of
such of those tenderers who may wish to be present.
6. The tenderer shall give an undertaking that they have not made any
payment or illegal gratification to any person/ authority connected with the
tender process so as to influence the tender process and have not
committed any offence under the PC act in connection with the tender
(refer "Undertaking by the Tenderer" in the First Cover).
10. Indemnity: -
The Operator shall be wholly responsible for all damages to the Island or
any other Port Trust property or the property of others or his own or the
lives of personnel during the period of contract. The operator shall execute
indemnity bond to indemnify the Board towards cost of damages,
expenditure claims arising out of any proceedings in respect of aforesaid
work. The operator shall have suitable and adequate third party insurance
cover and shall keep it renewed from time to time as necessary for the
duration of the contract.
Chief Engineer
The light was lit in June 1867 and some changes were carried out in 1902.
The 85 mm PV burner replaced wick lamp in 1930. In 1958-60 a radio
beacon was installed on the Island. It was a 250W ‘Marconi’ equipment
which was later discontinued and shifted to Uttan lighthouse in 1930 for
logistic reasons. The station was fully automated under the Remote Control
& Automation project in the Year 2008 and is under Mumbai Remote
Control Station (RCS).
4.3 Lighthouses premises: The lighthouse premises are located on the top of the
southern mound and consists of the main Lighthouse tower flanked on
either side by a two storied building built in 1868 comprising of the staff
quarters, office, power house and stores. The premises comprising of
Lighthouse and its allied building and facilities are fenced with entry
restricted to public. This fenced area is around 2 to 3 acres (actual area
has to be verified through a total station survey) and comprises of 2
independent staff quarters, a dining cum kitchen block, toilet block,
sweepers house, pump houses, well and water treatment area, windmill
and a temple.
4.4 Fort Wall: The entire island is fortified by a kilometer-long stone wall built by
Chatrapati Shivaji Maharaj. The fort wall varies in height and must be
around 12 metres high at certain parts of the island. The fort wall has
around 22 circular/semi-circular bastions and each of these bastions is
occupied by the cannons of Maratha period.
4.5 Vegetation: The southern part of the island has relatively thick vegetation
with number of large well grown trees including those of Cashew nuts,
Mango, Temple tree, Ficus varieties etc. In the central part of the island
there are few trees close to the jetty and the Vethaleshwar temple. The
northern part is predominantly barren with rocky outcrops, with few small
trees close to the well and shrubs and ground covers close to the northern
most part.
4.6 Site Infrastructure:
(a) Transport: As mentioned earlier, the island can be reached only by boat
either from Thal or from Gateway. There is a jetty built on the eastern side
of the central portion of the island and also has a small passenger shelter.
This jetty can be used only during high tide and it is not possible to access
the jetty during low tide. The island also has a helipad built on the western
side of the fort wall which is built by the coast guards to facilitate landing
of their helicopters.
(b) Water Supply: The site has two fresh water wells, one located in the
northern part of the site and other located in the southern part exactly on
the foothill of the hillock housing the Lighthouse tower. The water
requirements of the DGLL premises are met by the southern well water
which is protected with a boundary wall. The water is treated with
chemicals and pumped to the overhead tank located on the lighthouse
building. Both these wells were created during Maratha period to serve
their naval force. The northern well is not maintained, but according to
local people even this well water is potable. Both the wells are recharged
by rain water.
(c) Power: The Island is not linked to the main power grid and the power
requirements of the premises are met by a Hybrid power system
comprising of Solar Power, Wind Energy and back-up Diesel generator. The
power requirements of the Lighthouse operations are totally met by solar
power generated by 16 paneled photovoltaic cells installed on the terrace
of the southern wing of the Lighthouse building. Other power requirements
of the premises are met through the wind mill which is located close to the
main lighthouse building. The power generated by the windmill is stored in
the batteries located in the ground floor of the northern wing of the
lighthouse building. Both these power systems are backed by a diesel run
generator which is also located in the ground floor for the north wing. With
this hybrid system the island is self-sustained in its energy requirements.
(d) Telecommunication: The Island is well connected to all the mobile networks,
although there is no mobile tower located in the island, signals are
available from the towers located on the mainland close to Alibag and RCF.
Apart from the mobile communication, DGLL has their wireless
communication facilities for their official communications and emergency.
The island needs increased power and water to the scale of the proposed
tourism development, and the same has to be generated/collected
respectively. Hence, rain water harvesting and making provisions for green
energy components shall be considered.
4.7 Information of visitors to the Lighthouse:
Based on the above case studies and market study findings it must be
noted that the occupancy levels in hotels around Alibag range from 70-
80%. Most of the hotels offer basic accommodation and breakfast facility.
Further, it was identified that hospitality market, in the recent past has
witnessed an increase in demand as the location is becoming a preferred
destination for corporate getaways. Along the coastal stretch, Wadis are
very popular which are nothing but Indian style farm houses with personal
coconut and beetle nut gardens that are rented out for outdoor get
together, weddings and MICE activities.
c. Inferences of Assessment:
Based on its location on an island mid sea and the legacy of Kanhoji Angre,
the primary theme for Promotion of Tourism at Kanhoji Angre Lighthouse
has been identified as Heritage Conservation & Urban Recluse and the
product mix identified shall complement the overall theme. Complying with
the overall theme, the proposed product mix would focus on Heritage
Conservation, Art & Culture, Hospitality, Food & Beverages and possible
recreational components.
However, the subject site being an island and governed by CRZ regulations
and other applicable regulations and development needs clearances and
approvals from various concerned authorities. Hence, the development of
the project components for implementation has been proposed to be
phased. In the first phase of implementation, primarily focuses on
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The island’s 17th century fort with bastions and cannons along with the
legacy of KanhojiAngre and the 144-year-old Lighthouse built by the
British makes the island a strong heritage tourism destination. As
discussed in the history and significance of KanhojiAngre, he was the first
notable chief of the Maratha Navy in 18 th century India. He fought
successfully all his life against the Siddis, British, Dutch and Portuguese,
limiting their naval interests in the Indian sub-continent during the 18th
Century. Despite the attempts of the British and Portuguese to subdue
Angre, he remained undefeated until his death. KanhojiAngre stands as
one of the most notable admirals of the Maratha Navy who inflicted many
casualties on colonial powers. Kanhoji is also credited with the foresight
that Blue Water Navy’s role is to keep the enemy engaged away from the
shores of the land. At the height of power, Kanhoji commanded hundreds
of warships and the British Navy could do little to combat the Maratha
Navy.
For centuries Light houses were the prime navigational aid guiding the
ships sail across the sea/ocean, indicating them the existence of land
mass, warning them off rough and risky shores etc. However, the
importance of lighthouses as aids in navigation has reduced across the
globe and the number of operational lighthouses has now declined due to
its replacement by modern electronic navigational devices. This has led to
limited upkeep and maintenance of these structures across the globe.
Preserving lighthouses has been viewed as a vital step globally, as they are
historic buildings and icons of maritime heritage and can be transformed
into popular tourism destinations. The presence of historic lighthouses
could act as driver to attract tourists from cross the globe. Tourists are
highly attracted to panoramic vistas from where they could enjoy
magnificent views. Lighthouses could offer magnificent views from the tops
of the structures, if they were open to public.
The advantage behind creation of lighthouses into tourism product are that
it shall help in attracting tourists from across the world and locally thereby
create a source of revenue for the government, employment opportunities
for local people, increase in commerce through purchase and sale of goods
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D) Recently MbPT has developed a jetty at Kanhoji Angre island to facilitate the
smooth movement of boat to the Island. The idea is to develop entire Island as a
Landmark Tourist Destination highlighting the Lighthouse Tourism as per the
Government of India policies.
E) This being a Tourism Project the objective is to create Landmark Tourist
Destination to tap Domestic and International Tourists. The investment towards it will
not generate enough revenue but it may generate economic prosperity in the region
and develop tourism in the Mumbai city and its surrounding area.
Based on the initial screening of the project sites, it is identified that the
location of the Lighthouses closes to the sea, away from the urban areas,
architecture and history of the Lighthouse Structure, Panoramic View from
top of the tower, tranquil ambience of the site and its surroundings are the
prime components which would define the lighthouses as a unique tourist
destination and the promotion of Tourism at Light houses would primarily
focus on these components. However, as referred in the international case
studies, in order to make the tourism promotion as successful venture,
there is need to support the primary component with supporting tourism
products, recreational components and infrastructural facilities which would
also provide revenues to promote and maintain primary components.
The Lighthouse structure itself and the panoramic view offered from it are
the most unique components as there are no tall structures along the
coastline which can offer such fantastic views. Accentuating this
component would be the primary tourism product of almost all Lighthouse
sites. Enhancing the lighthouse and its surroundings, Provision of Viewing
galleries/deck, and highlighting the historicity/heritage value/ importance
of the Lighthouse through Museums/ Galleries, sound and light shows,
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These components are also the commercial components that are expected
to increase the footfalls and act as a prime revenue generating component
for the project is Restaurant. It is proposed to develop a Restaurant as part
of the proposal to provide fine dining experience to the daily visitors who
are willing to have a dining experience at an island away from the day to
day urban routine.
(c) Speed Boats- It has to be provided to transport the tourist on quickly for
medical purpose also.
(d) Construction of Jetty- One Boat jetty towards the north eastern side of
the Khanderi island has been constructed, jetting into the sea
approximately 100 meters in length. This jetty is 5-meter-wide and
mounted on piles on the sea bed, draft of which ranges from 2 to 4
meters.
(e) Theme based Development:
The tourism promotional developments based on certain appropriate
theme can be created. The theme can be based on the character of the
place and type of tourism. Heritage Conservation, Cultural Tourism,
Religions tourism, Beach Tourism, Eco Tourism, Urban Recreation etc.
are some of the themes envisioned for developing the above mentioned
two tourism categories in the Lighthouse sites.
11. Tourism Categories-
The industry has been evolving over a period of time and has witnessed
recent trend of graduating to niche tourism segments along with the
traditional categories.
(a) Adventure Tourism:
Adventure Tourism refers to any travel undertaken to remote;/exotic
areas with the purpose of exploring a new location. It may also include
undertaking acts that require effort and involves a degree of
risk/physical danger such as trekking, rock climbing etc. India offers a
lot of scope for adventure tourism due to its diverse topography and
climate.
(b) Cultural & Heritage Tourism:
Cultural Tourism is aimed at attracting visitors interested in the artistic,
scientific or lifestyle/heritage offerings of a community, region, etc.
India offers a rich and diversified heritage. Heritage tourism includes
travel undertaken to explore and experience places, activities and
artifacts that represent the stories/people/events of the past and
present. It is focused towards cultural heritage of the tourist location. It
involves visiting historical sites. India is popular for its rich heritage and
ancient culture which includes forts, museums, art galleries, urban and
rural sites etc.
(c) MICE Tourism:
Travel undertaken for the purpose of attending trade meetings,
conferences and conventions, events and exhibitions refers to MICE
Tourism. It is one of the fastest growing in the global tourism industry
and serves business travelers (mostly corporate). It combines annual
business meets/conferences with leisure events for persons attending
the meet. India has the potential to emerge as a popular MICE
destination since it has the requisite infrastructure, natural beauty, rich
heritage and geographical diversity.
(d) Eco Tourism:
Eco Tourism/ecological tourism refers to travel undertaken to natural
areas to appreciate the natural history of the environment, at the same
time without hampering with the integrity of the ecosystem and creating
economic opportunities that make conservation and protection of natural
destinations and are enhancing facilities for tourists. The prime aim is to
promote Lighthouse based tourism with the following development objective:
Conserve and protect the heritage character of the lighthouses, hence
contributing to the architectural and maritime heritage of the country.
Develop the existing lighthouses and its premises into unique tourism
destinations of the country.
Offer spectacular views of the splendid Indian beaches and seas which would
contribute and promote Indian beaches tourism.
Promote unique lighthouse base culture, recreational, hospitality, edutainment
and MICE tourism segments which are in demand due to their remote,
tranquil and serine locations.
16. Brief of Development being undertaken by MbPT (Region wise)
The entire island area is divided in seven regions and all the
seven regions has been identified for different types of activities. The
objective of this project is to develop the Island as a tourist destination
to attract national tourists who are visiting the city of Mumbai. The
development of the Island is being undertaken up by MbPT through
which all the regions will be developed for activities require for tourists
in the Island. The idea behind this development is to fulfill the
aspirations and need of the tourist as per their taste. The development
will include restoration of light house and allied structures, creating land
scape garden, creating hard scalp area for adventure sports activities,
creating area for erection of tents for accommodation, development of
tracking path in the island, creating viewing spots, restaurants,
cafeteria, information center etc. The operator has to maintain the
created infrastructure and provide all the services needed to satisfy and
attract the customer.The Daytime tourism activities, consisting of
adventure sports and water sports are involved to be developed in the
Kanhoji Angre Island adjoining the western boundary of the lighthouse
site admeasuring around 12 acres .The project structure now envisages
that the Kanhoji Angre island shall be a hub of water sports and
camping / outdoor activities, which are possible to be carried out in
areas of 5-10 acres and on an island having a sea front on all sides. This
destination shall be accessible easily with boats from Mumbai and
Alibagh and shall target the tourist from these circuits to start with.
Region – 1: Entrance Area:-
Landing Jetty is near the entrance of the Island therefore it is to
have two or more water sports activities in the area. Existing two rooms
near the Lighthouse area to be utilized for waiting and information Kiosk
with small eatery/cafeteria or store room. About 75% of this Region is
consisting of landscaping like lawn, shrubs, tree planting and hard
paving particularly near the pathway for reaching resort.
Region – 2: Main Activity centre and its facilities
This region to have at least two land based adventure sports
activities. This region consists of major landscape intervention as 75%
of the land has been allocated for soft landscaping in order to provide a
suitable ambience for tourism at the island and to provide calm and
serene atmosphere for the visitors. Some of the existing buildings
structures present in the island may be used for the purpose of
Restaurant / Cafeteria etc. Necessary furniture requires for cafeteria,
Restaurants etc. will match with the international standards .
Region – 3: Lighthouse Area with eateries and viewing spot
This region consists of restaurant with fine dining facilities having
seating capacity of 200 persons (100 seats covered and 100 in open).
100% of the land in this region to be maintained for landscaping /
beautification and hardscaping of the area along with other supporting
infrastructure like Bio-Toilets, water points etc.
Region – 4: Landscape with viewing spots and sitting furniture.
This region consists of garden and sitting facilities for tourists,
viewing spots / all-weather shelters etc.
Region – 5: Camping and picnic spot
Day time Camping and picnic site is proposed at this region of the
Island with thick vegetation and on the slopes of rocky outcrops. The
camping site consists of 10 temporary tent-styled accommodations with
independent units on wooden platform / stilts and connected to each
other through a foot trial.
Region – 6: Trekking Path
Maintenance of Trekking path with its supporting infrastructure
(Light, Water points & Toilets) are required to be carried out with minor
landscape intervention.
Region – 7 : Common Spaces
The following components shall require to be maintained on day to
day basis.
Maintenance of Gazebos, Planters other sitting facilities at multiple
locations on the site.
Maintenance of Basic Amenities including streetlight, solar panelling, bio-
toilets and drinking water facilities.
Maintenance of Amenities like sewage treatment plant (STP) and waste
compose, rain water harvesting system and Diesel Generator with
appropriate specifications for backup energy requirement.
Arrangement of Primary health centre in consultation of Chief Medical
Officer.
16.1 MbPT is taking up the work of Operation and Management to meet
the taste and to ensure highest standards of service in tourism
management and associated utilities and maintenance Kanhoji Angre Island
of the Mumbai Port Trust. The approximate areas covered under various
developments in different regions are given in the table below for the
guidance of the operator only.
IV. Engaging and deploying well qualified and experienced staff/ agencies
for all the services/ activities with neat uniform approved by MbPT. For
the operation and management of the works.
V. Once the area of operation is handed over to the Bidder for their
operation, the liability of keeping all the properties with care, which
includes structures, Pathways, Garden, furniture, fixtures, equipments
etc. will be with him. Any loss or damage towards this will be borne by
the bidders at their cost by reinstating the same, otherwise the cost
towards it will be recovered from the bidder from their Performance
Security.
VI. The Bidder has to furnish the Tourist record on everyday basis to the
department. They are further requested to record and keep the CCTV
footage for any verification in future. As the guest house is meant for
VVIP and VIP, the security is of utmost importance. The Bidder should
not permit any outsider in the premises without any proper authority.
VII. Normal maintenance and minor day-to-day repairs to structures,
Pathways, Solar Panels, DG Sets, Equipments, services, and other
fixtures as well as appliances/equipments provided thereat shall be
attended to by the Bidder. In no case MbPT will deploy departmental
person in respect of maintenance of any services. Any major repairs
have to be notified to the department in advance to carry out the same
work.
VIII. The level of services will be verified and certified by the respective
department on periodical basis. If any modification/ improvement will
be required, the same will be intimated to the bidder. The bidder will be
bound to adopt the same.
IX. The entire Electrical System, Solar Panels, Electric water pumps,
plumbing system, Water supply system, Fire- fighting system, Drainage
system, etc. has to be operated and maintained by the Bidder at his
cost. Further if the bidder has installed Internet system, CCTV, WI-FI
system, Cable connection, Dish antenna etc. has to be operated and
maintained by the Bidder at his cost.
X. The Generator has to be operated by Bidder and the fuel will be
provided by him at his own cost. However, servicing and maintenance
of same will remain under Annual Maintenance Contract till the AMC
provision and after that the same will be maintained by the operator at
his cost.
XI. Any charges towards providing the services and activities including any
other incidental charges has to be borne by the Bidder. The Bidder is
advised to take adequate precaution in saving the energy and wastage
of water. It should be properly handled to reduce the wastage.
XII. The MbPT will be having service contract with the manufacturers for the
periodic servicing, repairs and maintenance of the Generators, Solar
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Panels for some duration initially. A copy of this service Contract shall
be handed over to the Bidder who shall liaise with the service Bidder for
services, repairs maintenance.
XIII. Periodic supervision and weekly inspection of the building, premises,
equipments, furniture's, fittings, etc. will be done by the department.
XIV. Any other works related to the operation of services and activities in the
level of International standard or the guidance given by the department
will be bound to the Bidder for improving the working and operation.
XV. The bidder should note that they can generate their revenue by
conducting many services like Providing accommodation, setting up
Restaurant/ Cafeteria, Camping, Water sports, Adventure sports,
Heritage walk, Laser show etc. and any other activities which he feels is
the requirements of tourist. However, he is bound to take the approval
of MbPT.
XVI. The bidder should note that any Permit/ Licenses/ Approvals required to
conduct the services and activities which suits his business plan has to
be obtained by him at his own cost. The onus towards this will not be
with MbPT.
XVII. The requirement/permissions/NOC of any other department such as
Police, Health and Quarantine, Drug and Narcotics, Security, Port,
Navy, Tourism etc. has to be obtained by the operator.
XVIII. The requirement of office space if any by the authorities may be met
with by providing cabins and furniture etc. if required or as directed by
MbPT from time to time.
XIX. If for the security reasons the frisking booth for ladies and Gents is
required, it shall be provided as per the requirement of CISF/ Security/
Police at desired places/locations or as directed by the departments
from time to time.
XX. The region wise area shown are approx. which may change as per the
operational requirements. The operator shall ascertain the actual
requirements as per the anticipated traffic coming/visiting to island.
MbPT shall not be responsible for any increase/decrease in the number
of visitors to the Island.
XXI. Any other requirements as MbPT feels is required for smooth operations
of terminal should have to be provided by the operator or instructed by
MbPT from time to time.
XXII. The Bidder is required to quote their offer after considering the scope of
works carefully.
XXIII. The operator shall arrange transportation for tourist to and fro from
Ferry wharf, Mora, Mandwa, Gateway of India, etc. or from any other
location as decided by the operator or with the Launch operator. The
transportation cost will be borne by the tourist themselves.
XXIV. The bidder should note that they have to do marketing of the Kanhoji Angre Island
project to attract the tourist. The same shall include marketing through print
media, through electronic media etc. The cost towards this shall be borne by the
bidder.
18. Service Details – The services to be offered by the operator are briefly
explained here-under- the expenditure for such services shall be borne by
the operator.
18.1. Maintenance of island area - The Entire Island will be maintained by the
operator with best standard or as directed by MbPT from time to time to modify it
as per their requirements.
18.2 Maintenance of existing and new structure - The operator shall maintain the
existing structures and newly constructed or erected new structures up to the
standard to meet the taste of tourist as per international level/standards. The work
including changing the fitting and fixtures, minor repairs and replacement needed
in the structure. The bidder should note that they have to carry out plastering,
painting, polishing, concreting, repairing of roofs, repairing of floors if required, to
attend the repairs of existing and newly structures to keep the structures upto
date. Any major repairs and replacement to the structure has to be intimated to
the MbPT for carrying the necessary work. However, any damage incurred during
the services and operation due to operator fault, the bidder to be liable to carry out
major repairs. The bidders should note that they have to maintained the toilet
blocks by providing, repairing, replacing the fittings as and when required. In any
case MbPT will not incur any expenditure towards minor repair by providing
material and manpower, entire cost towards it will be borne by the operator.
18.3 Maintenance of Pathways - The operator shall maintain the existing and newly
constructed footpath, pathway, trekking path, hard paved area etc. up to the
standard and satisfaction of the authority. If required necessary repairs and
replacement to the existing footpath, trekking path or any pathways, steps etc.
shall be carried out by the bidder on his own cost to reinstate.
18.4 Maintenance of Jetty - The operator shall maintain existing jetty for
embarking/dis-embarking of tourist. Repairs and replacement to the handrails
shall be carried out by operator. If any major repairs required in the jetty same
shall be intimated to the department.
18.5 Maintenance of Garden - The operator shall maintain the landscape area,
hardscape area including gardens having flower beds developed by MbPT up to
the standard including providing saplings, manure, red earth, pesticides,
insecticides, fertilizers etc. required for maintenance of the same. The same shall
include sprinkler systems if any provided in the area. The lawn shall be
maintained on regular basis by cutting, mowing, watering etc. to create the
ambiance of comfort to the tourist. The operator shall arrange adequate water for
the same. They should supply adequate no. of skill gardener to maintain the
same. If any modifications required by the operator as per the requirement, need,
the same shall be carried out with prior intimation and approval of this department.
18.6 Maintenance of furniture - MbPT is providing limited no. of furniture which
include, table, chairs, benches etc. in the area divided in different regions. The
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same will be handed over to the successful operator. The bidders shall maintain
the same in good condition and keep it in hygienic condition to suite the taste of
ambiance. However, if any additional furniture is required for the effective
operation and activities created by the operator, the same shall be arranged by
the operator at their cost and shall match the ambiance.
18.7 Maintenance of Services – The operator shall maintain all type of services
provided by the MbPT in the island which include drainage, electricity, water
supply, fire etc. to keep it in proper working condition. The repairs and
replacement if any during contract period shall be carried out by the operator at
their cost. If any modification/upgradation necessary as per requirement of
operator and / or as desire by MbPT, the same shall be carried out by the operator
at their cost with prior intimation and approval of the authority.
18.8 Maintenance of rain water harvesting system – The bidders should note that
the island is not having sufficient water to cater the need of the tourist and to
maintain the area/gardens. A well is available in the island, in which limited
quantity of water is available. The bidder should make their own arrangement for
potable and unpotable water to fulfill the need at Island. MbPT is placing rain
harvesting system in place to meet such demands. However, the same may or
may not fulfill the entire need of the requirement, which basically depends upon
the no. arrival of tourist, no. of activities carried out, staying of people in the island,
F & B requirement, maintaining the gardens, sweeping and watering of the area
and any other requirement. The bidders should access the quantity of water
required accordingly. If the requirement is more the bidders shall make their own
arrangement for supply of water including transportation. Further the possibility of
getting potable water in the island through bore wells or open wells in addition to
the existing one, the same can be explored by the operator in consultation with
MbPT.
18.9 Maintenance of solar panels (150 KW) - The operator has to maintain the solar
panels provided by MbPT for the power supply in proper working condition for un-
interrupted supply of electricity. Further they should maintain entire electricity
system provided in the island in proper working condition to match to the
ambiance. If any repair and replacement is required, the same shall be carried out
by the operator at their cost. Further any upgradation/modification needed to the
same, the same shall be carried out by the operator in consultation with MbPT
and obtained due approval of MbPT.
18.10 Maintenance of D. G. Set (25 KVA) – MbPT is providing of D. G. Set as alternate
source of energy for adequate power supply in the island. The operator has to
operate and maintain D. G. Set in working condition with adequate man power
and fuel to keep in operation. All the cost towards operation and maintenance
shall be borne by the operator. If any additional D. G. Set is required as per the
need of operator the same should be provided by the operator with the approval
of MbPT at his own cost.
18.11 Maintenance of Electric System – MbPT is providing necessary electric system
from the power generated through the solar panels, D. G. set and water pump
provided in rain water harvesting. The system covers the entire region of the
island, which include existing structure, new structure, pathways, gardens, jetty
etc. In the entire area different type of fittings and fixture will be provided by
MbPT, the operator has to maintain the same in working, neat and tidy condition.
If any repair and replacement is required of any fittings, fixtures, cables, changing
of bulbs/lamps/tube light etc. the same should be carried out by the operator at his
own cost. Further if any modification/addition is required in the system, the same
should be carried by the operator with the approval of the MbPT.
18.12 Maintenance of water supply system – MbPT is providing necessary water
supply system in the island. Water is made available from the well available in the
island. However, the operator has to ensure to fulfil the requirement of water as
per the need, which may vary on account of tourist, activities in the island,
housekeeping, maintaining the garden, accommodation of the tourist in the
garden etc. The operator shall assess the requirement accordingly as it will
change periodically. The operator shall maintain existing system in proper working
condition. If any repair and replacement is required same should be carried out by
the operator at his own cost. Further if any type of pumping or pumps are needed
to supply the water, the same should be arrange by the operator at his end. If any
modification/alteration is needed the same should be carried out in consultation
with MbPT after due approval. Further the bidder should note that to meet the
adequacy of water sufficiently in the island they may have to transport the water
from outside.
The water required at Island are for potable / drinking as well as not drinking
propose, the operator should provide water purifier in adequate nos. as per the
need of the tourist. The testing of water to check the suitability/quality the operator
shall carry out tests periodically from the authorized laboratories.
18.13 Maintenance of fire system – MbPT is providing adequate no of fire
extinguishers at various locations. Operator shall maintain the same in proper
condition to meet any eventualities. If any repairs and replacement are required,
the same should carried out at his own cost. The operator shall deploy trained
staff / persons in adequate number for the services and activities conducted in the
island to handle the fire equipments. Also a stand by arrangement of sea water
pumping in case of any eventualities shall be made by the operator.
18.14 Maintenance of composting area – MbPT has already identify waste
composting area for the de-composting of waste generating in the island.
However non-bio degradable material if generated, the same should be taken out
of the island by the operator at his own cost.
18.15 Housekeeping Services-
The operator shall carry out the housekeeping of entire area which includes
existing structures, newly created structures, footpath, trekking path, gazebo,
restaurant, cafeteria, changing room, information kiosk, waiting lounge, toilet
blocks, kitchen etc. at his own cost with adequate provision to make it hygienic by
supplying/ replace/ providing all the toiletries, deodorant, freshener, etc. to suit the
taste of tourist as per the international standard. Including sweeping and washing
the areas on regular basis to keep the ambience proper.
18.16 Security Services-
The operator shall provide adequate security throughout during the contract period
24x7 on the Island. The liability of security of the entire island will vest with the
operator. The operator should employ experienced security personal to be
deployed at various locations / points adequately to maintain the security of
island. Any breach towards the security of the island will vest with the operator.
The security personnel should be well qualified to act as security man
and he should be trained to handle the situation when it required. The
credential of the person should be duly verified by the police authority.
The operator can have his own frisking/ scanning system installed in the island on
the entrance at his own cost. The maintenance/ repair/ replacement of the
equipments will be the liability of operator.
18.17 Medical/ First Aid services- The Bidder should maintain all the
necessary medicines to meet the emergency requirement of the guests
and staff. They should maintain adequate no. of first aid boxes at the
desired location in the building. The Bidder should have tie-up with the
Doctor to attend the guest in emergency.
18.18Food Services – The operator has to arrange to setup the restaurant /
cafeteria at the designated location at their own cost with all the furnitures, fittings,
equipments, furnishings, cooking arrangements, utensils, cutlery etc. as per the
taste and requirement of the tourist, which should match the international
standard. The rates and quality of the food can be decided by the operator as per
his service level, quality and market demand.
18.19 Accommodation Services-
The operator shall arrange for setting up of camps by providing tents in the
designated area / locations matching with the taste of tourist inclusive of all the
necessary amenities such as air-conditioning, Furniture’s, Furnishings,
consumables etc. matching to the standard of minimum star category hotels. All
the expenditure towards this activity will have to be borne by the operator. The
operator will have the freedom to decide the type of tents as per the demand /
requirement of the tourist.
18.20 Guide Services- The operator should arrange for guide services to explain the
historical importance, services and activities available at the island to the tourist in
the local and foreign language for better understanding. The adequacy of no. of
guide can be decided by the operator as per the demand.
18.21 Sports Activities - The operator will arrange for the water sports activities or
adventure sports activities in the Island as per their business model on the
designated area / locations. All the equipments required for this activity shall be
arranged by the operator at his own cost. The safety procedure shall be enforced
and to be adopted by the operator to operate the activities in accordance with the
safety manuals of individual activities and with approval of authorities if required.
18.22Transport Services - The operator shall arrange transportation for
tourist to and fro from Ferry wharf, Mora, Mandwa, Gateway of India,
etc. or from any other location as decided by the operator or with the
19. Other Services - The operator has to arrange to setup the waiting lounge,
Information Kiosk, souvenir shop, changing rooms etc. with furniture, furnishings
and other requirements of the tourist in such a manner to give the feelings of
comfort and hospitality dignifying the Mumbai Port as Gateway. It should be as
per the international norms and will be maintained and managed by the operator.
The manpower required for this will be arranged by the operator as per the
requirement of the tourist at his own cost.
The operator shall provide PA system, CCTV system, Internet system, Wi-fi
services, etc.as per the requirement of tourist at his own cost required if any. The
maintenance/ repair/replacement of the system installed by the operator will vest
with operator.
The Bidder should have separate arrangement to handle the VVIP
guest with provision of dedicated staff in case of demand or as directed
by MbPT.
20. The statements and explanations contained in this t end er are intended to
provide a better understanding to the Bidders about the subject matter and
should not be construed or interpreted as limiting in any way or manner the
scope of the performance obligations of the o p e r a t o r or the Authority’s
rights to amend, alter, change, supplement or clarify the scope of work or the
terms thereof or herein contained. Consequently, any omissions, conflicts or
contradictions in the Documents are to be noted, interpreted and applied
appropriately to give effect to this intent, and no claims on such account
shall be entertained by the Authority
21. The Bids is invited for the Project on the basis of the highest premium in the
form of percentage share of Gross Revenue (“Premium”), payable to the
Authority for award of the wo r k , on annual basis. The Premium amount shall
constitute the sole criteria for evaluation of Bids. The Project will be awarded to
the Bidder quoting the highest Premium.
22. For the purposes of this Proposal, the term “Gross Revenue” will mean
all pre-tax gross revenues earned by the operator under or pursuant to
the award of contract and subsequent execution of th e Agreement and
shall include any monies received from sub -licensees and other
persons, by the operator as deposits (refundable or otherwise), but
shall exclude the following
(a) any insurance proceeds received by the operator relating to: (i) third
party liability insurance paid or to be paid to the person whose
claim(s) constitute(s) the risk or liability insured against; and (ii) any
form of physical damage of assets, and the operator has incurred or
Tender No: E. 105 /2018 Technical Bid Page 51
Tender for Operation and Management of Kanhoji Angre Island as a Tourist Destination
The date, time and venue of the Pre-Application Conference shall be on the date
mentioned in Tender Activity Sheet and the venue shall be at the Conference
Room at Project Office, 3rd Floor, Civil Engineering Department at Time: 1100 hrs.
b. Without prejudice the Authority reserves the right to reject any Bid and appropriate
the Bid Security if:
c. In case it is found during the evaluation or at any time before signing the
Agreement or after their execution and during the period of subsistence thereof,
including the Concession thereby granted by the Authority, that one or more of the
qualification conditions have not been met by the Bidder, or the Bidder has made
material misrepresentation or has given any materially incorrect or false
information, the Bidder shall be disqualified forthwith if not yet appointed as the
operator either by issue of the LOA or entering into of the Agreement, and if the
Successful Bidder has already been issued the LOA or has entered into the
Agreement, as the case may be, the same shall, notwithstanding anything to the
contrary contained therein or in this Proposal, be liable to be terminated, by a
communication in writing by the Authority to the Successful Bidder , as the case
may be, without the Authority being liable in any manner whatsoever to the
Successful Bidder . In such an event, the Authority shall be entitled to forfeit and
appropriate the Bid Security or Performance Security, as the case may be, as
liquidated damages, without prejudice to any other right or remedy that may be
available to it under the Bidding Documents or otherwise.
d. The Bidder acknowledges and agrees that provisions of this proposal which by their
nature or subject matter are intended to survive the completion of the Bidding or to
apply throughout the Contract Period shall continue to survive and bind the Bidders
throughout the Contract Period.
a. Notwithstanding anything to the contrary contained herein, in the event that the Bid
Due Date falls within three months of the closing of the latest financial year of a Bidder, it
shall ignore such financial year for the purposes of its Bid and furnish all its information
and certification with reference to the 1 (one) year, preceding its latest financial year. For
the avoidance of doubt, financial year shall, for the purposes of a Bid hereunder, mean the
accounting year followed by the Bidder in the course of its normal business.
b. Any entity which has been barred by the Central/ State Government, or any entity
controlled by it, from participating in any project and the bar subsists as on the date of Bid,
would not be eligible to submit a Bid, either individually or as member of a Consortium.
c. A Bidder including any Consortium Member or Associate should, in the last 3 (three)
years, have neither failed to perform on any contract, as evidenced by imposition of a
penalty by an arbitral or judicial authority or a judicial pronouncement or arbitration award
against the Bidder, Consortium Member or Associate, as the case may be, nor has been
expelled from any project or contract by any public entity nor have had any contract
terminated by any public entity for breach by such Bidder, Consortium Member or
Associate. Provided, however, that where a Bidder claims that its disqualification arising
on account of any cause or event when it does not reflect (a) any malfeasance on its part
in relation to such cause or event; (b) any wilful default or patent breach of the material
terms of the relevant contract; (c) any fraud, deceit or misrepresentation in relation to such
contract; or (d) any rescinding or abandoning of such contract, it may make a
representation to this effect to the Authority for seeking a waiver from the disqualification
hereunder and the Authority may, in its sole discretion and for reasons to be recorded in
writing, grant such waiver if it is satisfied with the grounds of such representation and is
further satisfied that such waiver is not in any manner likely to cause a material adverse
impact on the Bidding Process or on the implementation of the contract.
28. CLARIFICATIONS-
a. Bidders requiring any clarification on the proposal may notify the Authority in writing
They should send in their queries on or before the date mentioned in the Schedule of
Bidding Process.
b. Any queries or request for additional information concerning this proposal shall be
submitted in writing through speed post/courier/special messenger and by e-mail to
the Chief Engineer, Mumbai Port Trust, Port Bhavan, Ballard Estate, Fort, Mumbai-
400001.
d. The Authority may also on its own motion, if deemed necessary, issue interpretations
and clarifications to all Bidders. All clarifications and interpretations issued shall be
deemed part of the tender Documents. Verbal clarifications and information given by
the Authority or its employees or representatives/ advisors shall not in any way or
manner be binding on the Authority.
28. AMENDMENTS
a. At any time prior to the Bid Due Date, the Authority may, for any reason, whether at
its own initiative or in response to clarifications requested by a Bidder, modify the
proposal by the issuance of an addendum. Any addendum issued hereunder will be
published on the websites of the Authority.
b. In order to afford the Bidders a reasonable time for taking an addendum into account,
or for any other reason, the Authority may, in its sole discretion, extend the Bid Due
Date.
29. MISCELLANEOUS
29.1 The Bidding Process shall be governed by, and construed in accordance with, the
laws of India and the State of Maharashtra and Court at Mumbai only shall have
exclusive jurisdiction over all disputes arising under, pursuant to and/or in
connection with the Bidding Documents and/or the Bidding Process.
29.2 The Authority, in its sole discretion and without incurring any obligation or liability or
assigning any reason, reserves the right, at any time, to:
(a) suspend, withdraw and/or cancel the Bidding Process and/or amend and/or
supplement the Bidding Process or modify the dates or other terms and
conditions relating thereto;
Tender No: E. 105 /2018 Technical Bid Page 55
Tender for Operation and Management of Kanhoji Angre Island as a Tourist Destination
(b) consult with any Bidder in order to receive clarification or further information;
(c) retain any information and/or evidence submitted to the Authority by, on behalf
of, and/or in relation to any Bidder;
(d) independently verify, disqualify, reject and/or accept any and all submissions or
other information and/or evidence submitted by or on behalf of any Bidder
(e) amend, modify or reissue the Bidding Documents or any part thereof;
(h) to consider any variation in the Bid submitted by the Bidder provided such
variation is as per the project scope, project structure and as per the terms and
conditions of the TENDER
30. It shall be deemed that by submitting the Bid, the Bidder agrees and releases the
Authority, its employees, agents and advisers, irrevocably, unconditionally, fully and
finally from any and all liability for claims, losses, damages, costs, expenses or
liabilities in any way related to or arising from the exercise of any rights and/or
performance of any obligations hereunder, pursuant hereto and/or in connection
herewith and waives any and all rights and/or claims it may have in this respect,
whether actual or contingent, whether present or future.
CHIEF ENGINEER
2. The bidders should further note that even the total area is not developed while
handing over the Island for his services and operation, the operator will allow the
contractor employed by the MbPT to complete the work without any interruption as
envisaged in the development tender.
3. The bidder should note that even the entire region may not be handed over to the
operator at the time of handing over the Island for services and operations the fixed
fee will remain same and the revenue generated from services and activities by the
operator has to be paid to the MbPT.
4. The periodical inspection will be carried out by MbPT to see the maintenance carried
out to all the structures and other facilities should be done in proper manner if any
discrepancy observed by the MbPT it will be intimated to the operator to rectify the
same at his own cost at the earliest to the satisfaction of MbPT. If the same is not
done MbPT reserves the right to carry out the same at his risk and cost. The
expenditure incurred towards it will be paid by the operator to MbPT, else the same
will be recovered from the Performance Security of the Operator. For this the operator
should facilitate the inspection of the concerned officials.
5. Penalty : The bidder should note that, if due diligence of the contract provisions are
not carried out by the operator during the period of contract towards services,
maintenance, activities and any other facilities, MbPT will have a right to levy the
penalty as desired by MbPT at MbPT’s discretion. If the situation arises in such a way
that, the desired penalty is not fulfilled by the operator MbPT may terminate the
contract without assigning any reasons thereof, during any point of time of the
contract period.
Chief Engineer
APPENDIX I.
Annex I: Letter for Bid
[On the letter head of the Bidder/lead Member]
Original or copy No: Dated:
To,
_____________________
_____________________
_____________________
Sub: Bid for OPERATIONS AND MANAGEMENT OF KANHOJI ANGRE ISLAND (KAI) AS
A TOURIST DESTINATION
Dear Sir,
With reference to your Tender dated ------------, I/we, having examined the tender
document and understood its contents, hereby submit my/our Bid for the aforesaid project.
The Bid is unconditional and unqualified.
1. I/We acknowledge that the Authority will be relying on the information provided in
the Bid and the documents accompanying such Bid for selection of the Bidders
for the aforesaid Project and I/we certify that all information provided in the Bid
and in Appendices to this Letter of Bid are true and correct; nothing has been
omitted which renders such information misleading; and all documents
accompanying such Bid are true copies of their respective originals.
2. The Bid is being submitted and submissions in this letter are being made for the
express purpose of our selection as Operator for the aforesaid Project.
3. I/We shall make available to the Authority any additional information it may find
necessary or require to supplement or authenticate the submissions.
4. I/We acknowledge the right of the Authority to reject our Bid without assigning
any reason or otherwise and hereby waive my/our right to challenge the same on
any account whatsoever.
5. I/We certify that in the last 3 (three) years, I/we/any of the Members have neither
failed to perform on any contract, as evidenced by imposition of a penalty by an
arbitral or judicial authority or a judicial pronouncement or arbitration award, nor
been expelled from any project or contract by any public authority nor have had
any contract terminated by any public authority for breach on our part.
6. I/ We certify that we are not barred by Government of Maharashtra (GoM), any
other State Government in India (SG) or Government of India (GoI), or any of the
agencies of GoM/SG/GoI from participating in similar projects as on
…………………………..(Bid Due Date).
(a) I/We have examined and have no reservations to the TENDER, including any
addendum issued by the Authority;
(d) I/We hereby certify that I/we have taken steps to ensure that in conformity, no
person acting for me/ us or on my/our behalf has engaged or will engage in any
corrupt practice, fraudulent practice, coercive practice, undesirable practice or
restrictive practice; and
8. I/We understand that you may cancel the Bidding Process at any time and that
you are neither bound to accept any Bid that you may receive, without incurring
any liability to the Bidders.
9. I/ We understand that the Authority or its representatives shall have the right to
physically verify project facilities that are part of the project experience claimed
by us. I/ We agree to abide by the decision of the Authority in this regard and
hereby waive my/our right to challenge the same on any account whatsoever.
10. I/We believe that I/we/our Consortium satisfy(s) and meet(s) all the requirements
as specified in the TENDER and are/is qualified to submit a Bid.
11. I/We declare that I/we/any Member or Associate, am/are not a member of a/any
other Consortium applying for the Project.
12. I/We certify that in regard to matters other than security and integrity of the
country, I/we or any Member have not been convicted by a court of law or
indicted or adverse orders passed by a regulatory authority which could cast a
doubt on our ability to undertake the Project or which relates to a grave offence
that outrages the moral sense of the community.
13. I/We further certify that in regard to matters relating to security and integrity of the
country, I/we have not been charge-sheeted by any Government Instrumentality
or convicted by a court of law.
14. I/We further certify that no investigation by a regulatory authority is pending either
against me/us/any Member or against our chief executive officer or any of my/our
directors/managers/employees.
15. I/We undertake that in case due to any change in facts or circumstances during
the Bidding Process, I/we am/are attracted by the provisions of disqualification in
terms of the provisions of this TENDER, I/we shall intimate the Authority of the
same immediately.
17. I/ We understand that the Successful Bidder shall either be an existing Company
incorporated under the Indian Companies Act, 1956, or shall incorporate as such
prior to execution of the Concession Agreement.
18. I/We hereby irrevocably waive any right, which we may have at any stage at law
or howsoever otherwise arising to challenge or question any decision taken by
the Authority in connection with the selection of Bidders or in connection with the
Bidding Process itself, in respect of the above mentioned Project and the terms
and implementation thereof.
19. In the event of my/ our being declared as the Successful Bidder, I/we agree to
enter into a Concession Agreement in accordance with the draft that has been
provided to me/ us prior to the Bid Due Date. We agree not to seek any changes
in the aforesaid draft and agree to abide by the same.
20. I/ We have studied all the Bidding Documents carefully and also surveyed the
Project. We understand that except to the extent as expressly set forth in the
Concession Agreement, we shall have no claim, right or title arising out of any
documents or information provided to us by the Authority or in respect of any
matter arising out of or relating to the Bidding Process including the award of
Concession.
21. I/ We offer a Bid Security of Rs. 14.05 lakh (Rupees Fourteen Lakh Five
Thousand) to the Authority in accordance with the TENDER Document.
22. The Bid Security in the form of a bank guarantee has been submitted in original
to the authority and a scanned copy of the same has been attached with this
submission.
23. I/ We agree and understand that the Bid is subject to the provisions of the
Bidding Documents. In no case, I/we shall have any claim or right of whatsoever
nature if the contract / Concession is not awarded to me/us or our Bid is not
opened or rejected.
24. The premium has been quoted by me/us after taking into consideration all the
terms and conditions stated in the TENDER, draft Concession Agreement, our
own estimates of costs and after a careful assessment of the site and all the
conditions that may affect the project cost and implementation of the project.
25. In addition to the above mentioned share, I/We also agree to pay a fixed fee
(license fee) as stipulated in the agreement.
26. I/We agree and undertake to abide by all the terms and conditions of the
TENDER.
27. We, the Consortium Members agree and undertake to be jointly and severally
liable for all the obligations of the operator under the Concession Agreement in
accordance with the Concession Agreement.
28. I/We agree and undertake to be jointly and severally liable for all our obligations
under the Concession Agreement as per the provisions set out therein.
29. I/ We shall keep this offer valid for 180 (one hundred and eighty) days from the
Bid Due Date specified in this TENDER.
30. I/ We hereby give an undertaking that the Authority shall not be responsible to
procure any approvals for the project. It shall solely be our responsibility to get all
necessary approvals.
In witness thereof, I/We submit this Bid under and in accordance with the terms of the
TENDER.
Yours faithfully,
Date: (Signature of the authorised signatory)
Place:
Appendix I
ANNEX-II
Details of Bidder
[On the letter head of the Single Entity/Members of Consortium]
1. (a) Name:
(b) Country of incorporation:
(c) Address of the corporate headquarters and its branch office(s), if any, in
India:
(d) Date of incorporation and/or commencement of business (Please provide a
true copy of the incorporation certificate):
2. Brief description of the Bidder including details of its main lines of business and
proposed role and responsibilities in [this/these Project(s)]:
3. Details of individual(s) who will serve as the point of contact/communication for the
Authority:
(a) Name:
(b) Designation:
(c) Company:
(d) Address:
(e) Telephone number:
(f) E-Mail Address:
(g) Fax number:
4. Particulars of the authorized signatory of the Bidder:
(a) Name:
(b) Designation:
(c) Address:
(d) Phone number:
(e) Fax number:
5. In case of a Consortium:
(a) The information above (1-4) should be provided for all the Members.
(b) A copy of the Joint Bidding Agreement, should be attached to the Bid.
(c) Information regarding role of each Member should be provided as per table
below:
6. A statement by the Bidder and each of its Members (where applicable) disclosing
material non-performance or contractual non-compliance in past projects,
contractual disputes and litigation/arbitration in the recent past is given below
(Attach extra sheets, if necessary):
APPENDIX I
ANNEX-III
Statement of Legal Capacity
(To be forwarded on the letterhead of the Bidder/lead Member of Consortium)
Ref. Date:
To,
Dear Sir,
We hereby confirm that we/our Members in the Consortium (constitution of which has
been described in the Bid) satisfy the terms and conditions laid out in the TENDER.
We have agreed that …………………… (insert member’s name) will act as the lead
Member of our consortium. *
We have agreed that …………………. (insert individual’s name) will act as our
representative/will act as the representative of the Consortium on its behalf and has been
duly authorized to submit the TENDER. Further, the authorised signatory is vested with
requisite powers to furnish such letter and authenticate the same.
Thanking you,
Yours faithfully,
(Signature, name and designation of the authorised signatory)
For and on behalf of ……………………………
*Please strike out whichever is not applicable.
APPENDIX I
ANNEX-IV
In consideration of you, Mumbai Port Trust having its office at Port Bhavan, Ballard
Estate, Fort, Mumbai 400001 (hereinafter referred to as the “Authority”, which expression
shall unless it be repugnant to the subject or context thereof include its, successors
and assigns) having agreed to receive the Bid of …………………… (a company
registered under the Companies Act, 2013) and having its registered office at
……………………… (and acting on behalf of its Consortium) (hereinafter referred to as
the “Bidder” which expression shall unless it be repugnant to the subject or context
thereof include its/their executors, administrators, successors and assigns), for
OPERATIONS AND MANAGEMENT OF KANHOJI ANGRE ISLAND (KAI) AS A
TOURIST DESTINATION
1. (hereinafter referred to as “the contract”) pursuant to the TENDER Document
dated …………… issued in respect of the contract and other related documents
including without limitation the O&M Agreement (hereinafter collectively referred
to as “Bidding Documents”), we (name of the bank) having our registered
office at
……… and one of its branches at …………………….. (hereinafter referred to as
the “Bank”), at the request of the Bidder, irrevocably, unconditionally and without
reservation guarantee the due and faithful fulfillment and compliance of the terms
and conditions of the Bidding Documents (including the TENDER Document) by
the said Bidder and unconditionally and irrevocably undertake to pay forthwith to
the Authority an amount of Rs. _____________ (Rupees _____________ only)
(hereinafter referred to as the “Guarantee”) as our primary obligation without any
demur, reservation, recourse, contest or protest and without reference to the
Bidder if the Bidder shall fail to fulfill or comply with all or any of the terms and
conditions contained in the said Bidding Documents.
2. Any such written demand made by the Authority stating that the Bidder is in
default of the due and faithful fulfillment and compliance with the terms and
conditions contained in the Bidding Documents shall be final, conclusive
and binding on the Bank.
3. We, the Bank, do hereby unconditionally undertake to pay the amounts due and
payable under this Guarantee without any demur, reservation, recourse,
contest or protest and without any reference to the Bidder or any other
person and irrespective of whether the claim of the Authority is disputed by the
Bidder or not, merely on the first demand from the Authority stating that the
amount claimed is due to the Authority by reason of failure of the Bidder
to fulfill and comply with the terms and conditions contained in the Bidding
Documents including failure of the said Bidder to keep its Bid open during the
Bid validity period as set forth in the said Bidding Documents for any
reason whatsoever. Any such demand made on the Bank shall be conclusive as
regards amount due and payable by the Bank under this Guarantee. However,
our liability under this Guarantee shall be restricted to an amount not exceeding
Rs. _________ (Rupees ___________ only)
4. This Guarantee shall be irrevocable and remain in full force for a period of
180 (one hundred eighty) days from the Bid Due Date inclusive of a claim period
of 60 (sixty) days or for such extended period as may be mutually agreed
between the Authority and the Bidder, and agreed to by the Bank, and
shall continue to be enforceable till all amounts under this Guarantee have
been paid.
We, the Bank, further agree that the Authority shall be the sole judge to decide as
to whether the Bidder is in default of due and faithful fulfillment and compliance with the
terms and conditions contained in the Bidding Documents including, inter alia, the failure
of the Bidder to keep its Bid open during the Bid validity period set forth in the
said Bidding Documents and the decision of the Authority that the Bidder is in
default as aforesaid shall be final and binding on us, notwithstanding any differences
between the Authority and the Bidder or any dispute pending before any Court, Tribunal,
Arbitrator or any other Authority.
6. In order to give full effect to this Guarantee, the Authority shall be entitled to treat
the Bank as the principal debtor. The Authority shall have the fullest liberty
without affecting in any way the liability of the Bank under this Guarantee
from time to time to vary any of the terms and conditions contained in the
said Bidding Documents or to extend time for submission of the Bids or
the Bid validity period or the period for conveying acceptance of Letter of
Award by the Bidder or the period for fulfillment and compliance with all or any
of the terms and conditions contained in the said Bidding Documents by
the said Bidder or to postpone for any time and from time to time any of the
powers exercisable by it against the said Bidder and either to enforce or forbear
from enforcing any of the terms and conditions contained in the said Bidding
Documents or the securities available to the Authority, and the Bank shall not be
released from its liability under these presents by any exercise by the
Authority of the liberty with reference to the matters aforesaid or by reason
of time being given to the said Bidder or any other forbearance, act or omission
on the part of the Authority or any indulgence by the Authority to the said
Bidder or by any change in the constitution of the Authority or its absorption,
merger or amalgamation with any other person or any other matter or
thing whatsoever which under the law relating to sureties would but for this
provision have the effect of releasing the Bank from its such liability.
9. It shall not be necessary for the Authority to proceed against the said
Bidder before proceeding against the Bank and the guarantee herein
contained shall be enforceable against the Bank, notwithstanding any other
security which the Authority may have obtained from the said Bidder or
any other person and which shall, at the time when proceedings are taken
against the Bank hereunder, be outstanding or unrealized.
10. We, the Bank, further undertake not to revoke this Guarantee during its currency
except with the previous express consent of the Authority in writing.
11. The Bank declares that it has power to issue this Guarantee and discharge the
obligations contemplated herein, the undersigned is duly authorized and
has full power to execute this Guarantee for and on behalf of the Bank.
12. For the avoidance of doubt, the Bank’s liability under this Guarantee shall be
restricted to Rs. _________ (Rupees ________________only). The Bank shall
be liable to pay the said amount or any part thereof only if the Authority
serves a written claim on the Bank in accordance with paragraph 9 hereof, on
or before *** (indicate date falling 180 days after the Bid Due Date).
APPENDIX – II:
Power of Attorney for signing of Bid (Single Entity)
Notes:
1. The Power of Attorney for signing of Bid must be submitted in original
2. The mode of execution of the Power of Attorney should be in accordance with the
procedure, if any, laid down by the applicable law and the charter documents of the
executant(s) and when it is so required, the same should be under common seal
affixed in accordance with the required procedure.
3. Wherever required, the Bidder should submit for verification the extract of the charter
documents and documents such as a resolution/ power of attorney in favour of the
person executing this Power of Attorney for the delegation of power hereunder on
behalf of the Bidder.
4. For a Power of Attorney executed and issued overseas, the document will also have to
be legalised by the Indian Embassy and notarised in the jurisdiction where the Power
of Attorney is being issued .
APPENDIX – III
Power of Attorney for Lead Member of Consortium
Whereas the Authority has invited proposals from interested parties for Bid for Operation
and Maintenance of International Cruise Terminal (MICT) at Indira dock in Mumbai on
PPP basis
Whereas, ___________, ________ and _______ (collectively the “Consortium) being
Members of the Consortium are interested in bidding for the Project and implementing the
Project in accordance with the terms and conditions of the Request for Proposal
(TENDER) Document and other connected documents in respect of the Project, and
Whereas, it is necessary under the TENDER Document for the members of the
Consortium to designate one of them as the Lead Member with all necessary power and
authority to do for and on behalf of the Consortium, all acts, deeds and things as may be
necessary in connection with the Consortium’s bid for the Project who, acting jointly, would
have all necessary power and authority to do all acts, deeds and things on behalf of the
Consortium, as may be necessary in connection with the Consortium’s bid for the Project.
NOW THIS POWER OF ATTORNEY WITNESSETH THAT;
__________________________
(Executants)
Notes:
1. This Power of Attorney must be submitted in original.
2. The mode of execution of the Power of Attorney should be in accordance with the
procedure, if any, laid down by the applicable law and the charter documents of the
executant(s) and when it is so required, the same should be under common seal affixed
in accordance with the required procedure.
3. Wherever required, the Bidder should submit for verification the extract of the charter
documents and documents such as a resolution/ power of attorney in favour of the
person executing this Power of Attorney for the delegation of power hereunder on
behalf of the Bidder.
4. For a Power of Attorney executed and issued overseas, the document will also have to
be legalised by the Indian Embassy and notarised in the jurisdiction where the Power
of Attorney is being issued.
APPENDIX IV
(Refer Clause Error! Reference source not found. and Error! Reference source not found. of the
TENDER )
THIS JOINT BIDDING AGREEMENT is entered into on this the ………… day of ………… 20… (the
“Agreement”)
AMONGST
1. {………… Limited, a company incorporated under the (Indian) Companies Act, 1956 1} and
having its registered office at ………… (hereinafter referred to as the “First Part” which
expression shall, unless repugnant to the context include its successors and permitted
assigns);
AND
2. ………… Limited, a limited liability company incorporated under the (Indian) Companies
Act, 1956} and having its registered office at ………… (hereinafter referred to as the
“Second Part” which expression shall, unless repugnant to the context include its
successors and permitted assigns);
AND
3. ………… Limited, a limited liability company incorporated under the (Indian) Companies
Act, 1956 and having its registered office at ………… (hereinafter referred to as the “Third
Part” which expression shall, unless repugnant to the context include its successors and
permitted assigns)}
The above mentioned parties of the FIRST, SECOND and, THIRD PART are collectively referred to as
the “Parties” and each is individually referred to as a “Party”.
WHEREAS,
A. The Mumbai Port Trust, represented by its Chief Engineer and having its principal offices
at Mumbai Port Trust, Port Bhavan, Ballard Estate, Fort, Mumbai- 400001 (hereinafter
referred to as “Authority” which expression shall, unless repugnant to the context or
meaning thereof, include its adminstrators, successors and assigns) has invited Bids by its
Request for Proposal No. ………… dated ………… (the “TENDER ”) for qualifying and selecting
bidders for Operation and Maintenance of Mumbai International Cruise Terminal (MICT)
at Indira Dock, Mumbai on PPP basis
B. The Parties are interested in jointly bidding for the Project as members of a Consortium
(as defined below) and in accordance with the terms and conditions of the Bidding
Documents including the TENDER ; and
1
A Bidder who is registered abroad may substitute the words,viz “a company registered under the
Companies Act, 1956/2013” by the words, viz “a company duly organised and validly existing under the laws
of the jurisdiction of its incorporation”. A similar modification may be made in Recital 2, as necessary.
The number of Parties will be shown here, as applicable, subject however to a maximum of 3 (three)
Tender No: E. 105 /2018 Technical Bid Page 73
Tender for Operation and Management of Kanhoji Angre Island as a Tourist Destination
C. It is a necessary condition under the TENDER that the members of the Consortium shall
enter into a joint bidding agreement and furnish a copy thereof with the Bid.
NOW IT IS HEREBY AGREED as follows:
2. Consortium
The Parties do hereby irrevocably constitute a consortium (the “Consortium”) for the
purposes of jointly participating in the Bidding Process for the Project.
The Parties hereby undertake to participate in the Bidding Process only through this
Consortium and not individually and/or through any other consortium constituted for the
Project, either directly or indirectly or through any of their Associates.
3. Covenants
The Parties hereby undertake that in the event the Consortium is declared the Successful
Bidder and awarded the Project, it shall incorporate the SPV under the (Indian) Companies
Act 1956 as required by and in accordance with the Bidding Documents for performing all
its obligations as the Developer in terms of the Concession Agreement for the Project.
a) Party of the First Part shall be the lead Member of the Consortium and shall have
the power of attorney from all Parties for conducting all business for and on
behalf of the Consortium during the Bidding Process and until the Appointed Date
under the Concession Agreement when all the obligations of the SPV shall become
effective;
b) {Party of the Second Part shall be __________{the Technical Member of the
Consortium} }
5. Joint and Several Liability
The Parties do hereby undertake to be jointly and severally responsible for all obligations
and liabilities relating to the Project in accordance with the terms of the TENDER , the
Concession Agreement and for the performance of the Developer’s obligations under the
Concession Agreement.
Second Party:
(b) Subject to the terms of the Concession Agreement, the lead Member shall during
the term of the Concession Agreement hold equity share capital not less than 51%
(fifty one percent) of the subscribed, paid up and voting equity share capital of the
SPV until the 2nd (second) anniversary of date of commercial operations of the
New Terminal as defined in Clause 1.1;
(c) Subject to the terms of this Concession Agreement, members of the Consortium
undertake that they shall collectively hold at least 51% (fifty one per cent) of the
subscribed and paid up equity of the SPV at all times until the third anniversary of
date of signing of concession agreement of the Project; and
(d) Subject to the terms of the Concession Agreement, the Member (other than the
Lead Member) whose financial and technical capacities has been utilized for the
purposes of qualification and in the Bid shall, at all times till the third anniversary
of date of signing of concession agreement of the Project, hold equity share capital
not less than 26% (twenty six percent) of the subscribed, paid up and voting equity
share capital of the SPV.
The Parties undertake that they shall comply with all equity lock-in requirements set forth
in the Concession Agreement.
7. Representation of the Parties
Each Party represents to the other Parties as of the date of this Agreement that:
a. such Party is duly organised, validly existing and in GoM standing under the laws
of its incorporation and has all requisite power and authority to enter into this
Agreement;
b. the execution, delivery and performance by such Party of this Agreement has
been authorised by all necessary and appropriate corporate or governmental
action and a copy of the extract of the charter documents and board
resolution/power of attorney in favour of the person executing this Agreement for
the delegation of power and authority to execute this Agreement on behalf of the
Member of Consortium is annexed to this Agreement, and will not, to the best of
its knowledge:
i. require any consent or approval not already obtained;
ii. violate any applicable law presently in effect and having applicability to it;
iii. violate the memorandum of association and articles of association, by-laws
or other applicable organisational documents thereof;
iv. violate any clearance, permit, Concession, grant, Concession or other
governmental authorisation, approval, judgment, order or decree or any
mortgage agreement, indenture or any other instrument to which such
Party is a party or by which such Party or any of its properties or assets are
bound or that is otherwise applicable to such Party; and
v. create or impose any liens, mortgages, pledges, claims, security interests,
charges or any other encumbrances or obligations to create a lien, charge,
pledge, security interest, encumbrances or mortgage in or on the property
of such Party, except for encumbrances that would not, individually or in
the aggregate, have a material adverse effect on the financial condition or
prospects or business of such Party so as to prevent such Party from
9. Miscellaneous
This Joint Bidding Agreement shall be governed by laws of India.
The Parties acknowledge and accept that this Agreement shall not be amended by the
Parties without the prior written consent of the Authority.
IN WITNESS WHEREOF THE PARTIES ABOVE NAMED HAVE EXECUTED AND DELIVERED
THIS AGREEMENT AS OF THE DATE FIRST ABOVE WRITTEN.
(Signature)
(Name) (Designation)
(Address)
SECOND PART
(Signature)
(Name)
(Designation)
(Address)
THIRD PART
(Signature)
(Name)
(Designation)
(Address)
1. 2.
Notes:
1. The mode of execution of the Joint Bidding Agreement should be in accordance with the
procedure, if any, laid down by the applicable law and the charter documents of the
executant(s) and when it is so required, the same should be under common seal affixed in
accordance with the required procedure.
2. Each Joint Bidding Agreement should attach a copy of the extract of the charter
documents and documents such as resolution/power of attorney in favour of the person
executing this Agreement for the delegation of power and authority to execute this
Agreement on behalf of the Member of Consortium.
3. For a Joint Bidding Agreement executed and issued overseas, the document shall be
legalised by the Indian Embassy and notarized in the jurisdiction where the Power of
Attorney has been executed
APPENDIX V
Anti-Collusion Certificate
We undertake that, in competing for (and, if the award is made to us, in executing) the
above contract, we will strictly observe the laws against fraud and corruption in force in
India namely “Prevention of Corruption Act, 1988” and its subsequent amendments
thereof.
We hereby certify and confirm that in the preparation and submission of our Proposal, we
have not acted in concert or in collusion with any other Bidder or other person(s) and also
not done any act, deed or thing which is or could be regarded as anti-competitive.
We further confirm that we have not offered nor will offer any illegal gratification in cash
or kind to any person or agency in connection with the instant Proposal.
....................................................
(Name of the Bidder)
....................................................
(Signature of the Bidder / Authorised Person)
....................................................
(Name of the Authorised Person)
Appendix VI
Annex-I
Format of Financial Capacity for purpose of evaluation
[On the letter head of the Single Entity/lead Member]
(In Rs. crore$$)
Applicant Membe Net Cash Accruals Net Net Cash
type r Code Worth flows
Year 1 Year 2 Year 3 Year 4 Year 5 Year 1
1 2 3 4 5 6 7 8
Single Entity
Consortium
Member 1
Consortium
Member 2
Consortium
Member 3
TOTAL
Name & address of Bidder’s Bankers:
Instructions:
1. The Bidder/ its constituent Consortium Members shall attach copies of the balance sheets, financial
statements and Annual Reports for 3 (three) years preceding the Bid Due Date. The financial statements
shall:
d) correspond to accounting periods already completed and audited (no statements for partial periods
shall be requested or accepted).
2. Net Worth shall mean (Subscribed and Paid-up Equity + Reserves) less (Revaluation reserves +
miscellaneous expenditure not written off + reserves not available for distribution to equity
shareholders).
3. Year 1 will be the latest completed financial year, preceding the bidding. Year 2 shall be the year
immediately preceding Year 1 and so on. In case the Bid Due Date falls within 3 (three) months of the
close of the latest financial year.
4. In the case of a Consortium, a copy of the Jt. Bidding Agreement shall be submitted in accordance with
Clause Error! Reference source not found. of the TENDER document.
5. The Bidder shall also provide the name and address of the Bankers to the Authority.
Annexure V
GENERALISED DRAFT OF CONTRACT AGREEMENT
(Name of Firm) a company registered under the Indian Companies Act, 1956
and having its registered office at _______________________________ & having
registered with the Income Tax Department of Govt. of India No.
________________(hereinafter called "the Contractor/s" which expression shall unless
excluded by or repugnant to the context or meaning thereof be deemed to include the
person named his or her heirs executors and administrators and his or her permitted
assigns) the person named the survivor or survivors of them, their respective executors,
and administrators of such last survivors and their / his or her assigns / the company
named its successors and permitted assigns) of the OTHER PART.
WHEREAS the Board invited tenders for the work of _________________
________________________________________________________________AND
WHEREAS the Contractor/s submitted his/their/its quotations by his/their/its tender dated
____________ which tender was subject to the terms and conditions as contained in
his/their/ its letters referred to in the Schedule Rs. ’A' hereto respectively and which tender
subject to the said terms and conditions was accepted by the Board by the letter of
(Designation of the HOD) bearing No.______________________________ dated _____
in respect of _______________________________ only (part of the Schedule of
Quantities and Rates to the said Tender)/*
AND WHEREAS THE contractors have/has deposited with the Board a sum of
Rs.___________ (Rupees __________________________________________) only by
way of _____________ being Initial Security for the due performance of this contract
AND WHEREAS at the request of the Contractors, ________________
___________ (Name of Bank and Branch), Mumbai has given Bank Guarantee for
Rs._____________ (Rupees ______________________________________________)
only towards further security for the due performance of this contract by the Contractors.
Please strike out which is not required.
AND WHERAS the contractor and the Board have further agreed that this
agreement will remain in force even in case of any extension / renewal of the contract on
the same terms and conditions and at the same rates accepted by the Board by the letter
of its Chief Engineer dated ______________ day of ______________ 201___.
and on behalf of the Board has set his hand and seal and the Common Seal of the Board
hath been hereunto affixed the day and year first above written.
* strike out if there is no rebate.
Annexure-VI
force and effect during the period that would be taken for the performance of the said
contract and that it shall continue to be enforceable till all the dues of the Board under
or by virtue of the said contract have been fully paid and its claims satisfied or
discharged or till the Chief Engineer/ Addl. Chief Engineer of the said Board certifies
that the terms and conditions of the said contract have been fully and properly carried
out by the said contractors and accordingly discharge this guarantee. PROVIDED
HOWEVER that the Bank shall at the request of the Board but at the cost of the
contractors renew or extend this guarantee for such further period or periods as the
Board may require from time to time.
submit the draft in duplicate for approval within 7 days from the date of receipt of
the tender acceptance letter.
3. After approval of the draft, the Contractor should get the Guarantee executed on
Stamp Paper and submit the executed Guarantee along with his Partnership Deed
or Memorandum of Articles of Association of the Company etc. within 7 days of
receipt of approved draft. The Contractor should also send along with the
executed Guarantee, a letter from the Bank certifying the authorisation of the
signatory to the Guarantee.
Annexure - VII
To: From:
(Firm’s Name & Address)
(Name of Department)
Mumbai Port Trust
Sub: Payment through NEFT/RTGS/ECS system
I/We hereby declare that the particulars given above are correct and complete. If
the transaction is delayed or not effected at all due to reasons of incomplete or incorrect
information, I/We would not hold the Mumbai Port Trust responsible.
ANNEXURE - VIII
FORM OF BANK GUARANTEE FOR PERFORMANCE SECURITY
KNOW ALL BY THESE PRESENT that (The name of Bank)
_________________________ a banking corporation carrying on banking business
including Guarantees at Mumbai and other places and having its office at
___________________________ (hereinafter called 'The Bank' which expression shall
unless excluded by or repugnant to the context or meaning thereof be deemed to include
its successors and assigns);
WHEREAS Board of Trustees of Mumbai Port Trust constituted under the Major Port
Trusts Act, 1963 (hereinafter called 'The Board' which expression shall unless repugnant
to the context of meaning thereof be deemed to include its successors and assigns) had
invited proposals for: TENDER NO E 148A/2017 OPERATION AND MANAGEMENT OF
EVELYN HOUSE, APOLLO BUNDER, COLABA, MUMBAI
(Hereinafter called the "Assignment") as per conditions and Terms of Reference covered
under the 'Proposal Document'.
AND WHEREAS (Name of Consultant ______________________________________
(hereinafter called the 'Consultant') has offered to carry out the assignment as specified in
Terms of Reference and Conditions included in the 'Proposal Document'.
AND WHEREAS the Board has accepted the Proposal of
M/s._____________________________________ (Name of Consultant) (vide its letter
No. __________ dated _____________ day of _________ 2017. AND WHEREAS it is
one of the conditions of the accepted proposal that the (Name of the Consultant)
M/s.___________________________ should interalia furnish a guarantee of a
Nationalized Bank/Schedule Bank having its branch in Mumbai for a sum of Rs.
_________________ (Rupees _______________ only) being 10% of the Award price as
security for the due performance of terms and conditions subject to which said 'Proposal'
has been accepted by the Board.
AND WHEREAS, the M/s. _____________________ __________________(Name of
Consultant) have requested the Bank to give the said guarantee and the Bank has agreed
to do so on the manner hereafter appearing. NOW THIS INDENTURE WITNESSETGH
THAT the Bank doth hereby stand surety for the said sum of Rs. ________ (Rupees
________________ only).
AND DOTH HEREBY GUARANTEE TO AND COVENANT WITH AND irrevocably
undertake to pay the Board upon demand in writing whenever required by it from time to
time so to do without referring to the (Consultants name) ___________ and without
questioning the right of the Board to make such demand or the propriety or the legality of
such demand such sum or sums not exceeding in the whole a sum of Rs.____________
(Rupees: ____________) as may become payable to the Board by the Consultant by
virtue or arising out of the above mentioned 'Proposal' or by reason of any breach of non-
performance of the same or by the negligence or neglect or failure or omission to comply
with any of the terms of the Assignment by M/s. __________________________(Name of
Consultant) in respect of which the decision of the Board shall be final and legally
binding and this indenture further witnessed that the liability of the Bank shall not in any
manner be released, relaxed or diminished by reason of any time or other latitude being
given by the Board to M/s. _______________________________(Name of Consultant)
with regard to the performance of the Assignment but this indenture shall remain in full
force and effect until all the dues of the Board under or by virtue of the said Assignment
have been fully paid and the M/s.
________________________________________(Name of Consultant) has/have duly
fulfilled all his/their obligations under the Assignment and the terms and conditions of the
Assignment has been fully complied with and that M/s.
Tender No: E. 105 /2018 Technical Bid Page 87
Tender for Operation and Management of Kanhoji Angre Island as a Tourist Destination
And the Bank further declares that notwithstanding anything to the contrary contained
hereinabove the Bank's Liability under this Guarantee is restricted to
Rs._____________________________________(Rupees_________________ ______
______________________________) and unless a demand in writing under this
Guarantee is made with the Bank within 6 months from the date of completion certificate
to be issued by the Board all the rights of the Board under the guarantee shall be forfeited
and the Bank shall be relieved and discharged from all liability.
Notwithstanding anything to the contrary contained herein: -
Our liability under this Bank Guarantee shall not exceed
Rs.__________(Rupees_______________________________only).
ANNEXURE -IX
AND
"The Bidder/Contractor
Preamble: The Principal intends toaward, under laid down organizational procedures,
contract/concession for Tender No. .......................... The Principal values full compliance
with all relevant laws and regulations, and the principles of economic use of resources,
and of fairness and transparency in its relations with its Bidders. The Central Vigilance
Commission (CVC) has been promoting Integrity, transparency, equity and
competitiveness in Government / PSU transactions and as a part of Vigilance
administration and superintendence, CVC has, recommended adoption of Integrity Pact
and provided basic guidelines for its implementation in respect of major procurements
in the Government Organizations in pursuance of the same, the Principal agrees to
appoint an external independent Monitor who will monitor the execution of the contract for
compliance with the principles mentioned above.
(1) The Principal commits itself to take all measures necessary to prevent corruption
and to observe the following principles: -
(b) The Principal will, during the pre-contract stage, treat all BIDDERs alike, and will
provide to all BIDDERs the same information and will not provide any such information to
any particular BIDDER which could afford an advantage to that particular BIDDER in
comparison to other BIDDERs.
(c) The Principal will exclude from the process all known prejudicial persons.
(2) If the Principal obtains information on the conduct of any of its employees which is a
criminal offence under the relevant Anti-Corruption Laws of India, or if there be
asubstantive suspicion in this regard, the Principal will inform its Vigilance Office and in
addition can initiate disciplinary actions. In such a case, while an enquiry is being
conducted by the Principal, the proceedings under the contract would not be stalled.
a. The Bidder/Contractor will not, directly or through any other person or firm, offer,
promise or give to any of the Principal's employees involved in the execution of the
contract or to any third person any material or immaterial benefit, which he/she is not
legally entitled to, in order to obtain in exchange of advantage of any kind, whatsoever
during the execution of the contract.
b. The Bidder/Contractor will not enter with other Bidders into any undisclosed
agreement or understanding, whether formal or informal. This applies in particular to
prices, specifications, certifications, subsidiary contracts, submission or non-submission of
bids, or any other actions to restrict competitiveness, or to introduce cartelization in the
bidding process.
c. The Bidder/Contractor will not commit any offence, under the relevant Anticorruption
Laws of India; further the Bidder/Contractor will not use improperly, for purposes of
competition, or personal gain, or pass on to others, any information or document provided
by the Principal, as part of the business relationship, regarding plans, technical proposals
and business details, including information contained or transmitted electronically.
d. The Bidder will not collude with other parties interested in the contract to impair the
transparency, fairness and progress of the bidding process, bid evaluation, contracting
and implementation of the contract.
e. The Bidder/Contractor will, when presenting his bid, disclose any and all payments
he has made, is committed to or intends to make to agents, brokers or any other
intermediaries, in connection with the award of the contract.
f. The Bidder commits to refrain from giving any complaint directly or through any other
manner without supporting it with full and verifiable facts.
g. The Bidder shall not lend to or borrow any money from or enter into any monetary
dealings or transactions, directly or indirectly, with any employee of the Principal.
(2) The Bidder/Contractor will not instigate third persons to commit offences outlined
above or be an accessory to such offences.
If the Bidder, before award of contract, has committed a transgression, through a violation
of Section-2 or in any other form, such as to put his reliability as Bidder, into question, the
principal is entitled to disqualify the Bidder, from the tender process, or to terminate the
contract, if already signed, for such reason.
2. The Bidder accepts and undertakes to respect and uphold, the principal's Absolute
right to resort to and impose such exclusion and further accepts and undertakes, not to
challenge or question such exclusion, on any ground, including the lack of any hearing
before the decision, to resort to such exclusion is taken. This undertaking is given freely
and after obtaining independent legal advice.
3. If the Bidder/Contractor can prove that, he has restored/recouped the Damage caused
by him and has installed a suitable corruption prevention system, the Principal may revoke
the exclusion prematurely.
1. If the Principal has disqualified the Bidder, from the tender process prior to the
award, according to Section-3, the Principal is entitled to demand and recover the
damages equivalent to Earnest Money Deposit/Bid Security.
2. If the Principal has terminated the contract according to Section-3, or if the Principal
is entitled to terminate the contract according to Section-3, the Principal shall be entitled to
demand and recover from the Contractor, liquidated damages equivalent to 5% of the
contract value, or the amount equivalent to Security Deposit/Performance Bank
Guarantee, whichever is higher.
3. The Bidder agrees and undertakes to pay the said amounts, without protest or
demur, subject only to condition that, if the Bidder/Contractor can prove and establish that
the termination of the contract, after the contract award has caused no damage or less
damage than the amountof the liquidateddamages, the Bidder/Contractor shall
compensate the principal, only to the extent of the damage in the amount proved.
1. The Bidder declares that, no previous transgression has occurred in the last 3
years, with any other company, in any country, or with any other Public Sector Enterprises
in India, that could justify his exclusion from the award of the contract.
2. The Principal will enter into agreements with identical conditions as this one which
all Bidders, Contractors and Subcontractors.
3. The Principal will disqualify from the tender process all Bidders, who do not sign this
part or violates its provisions.
1. Pursuant to the need to implement and operate this Integrity Pact the Principal has
appointed Shri P.K. Gopinath, IPoS (Rtd) independent Monitor, for this Pact. The task of
the Monitor, is to review independently and objectively, whether and to what extent, the
parties comply with the obligations under this agreement.
2. The Monitor is not subject to instructions, by the representative of the parties to the
Chairperson of the Board of the Principal.
3. The Bidder/Contractor accepts that, the monitor has the right to access, without
restriction to all Project documentation of the Principal, including thatprovided by the
Contractor. The Bidder/Contractor will also grant the Monitor, upon his request and
demonstration of a valid interest, unrestricted and unconditional access, to the project
documentation. The same is applicable to Subcontractors. The monitor is under
contractual obligation, to treat the information and documents of the
Bidder/Contractor/Subcontractor with confidentiality.
4. The Principal will provide to the Monitor, sufficient information about all meetings,
among the parties related to the Project, provided such meetings could have an impact, on
the contractual relations between the Principal and the Bidder/Contractor. The parties
offer to the Monitor the option to participate in such meetings.
5. As soon as the Monitor notices a violation of this agreement, he will so inform the
Management of the Principal and request the management to discontinue, or heal the
violation Or to take other relevant action. The Monitor can in this regard submit non-
Tender No: E. 105 /2018 Technical Bid Page 92
Tender for Operation and Management of Kanhoji Angre Island as a Tourist Destination
binding recommendations. Beyond this, the Monitor has no right to demand from the
parties, that they act in a specific manner, refrain from action or tolerate action.
6. The Monitor will submit a written report, to the Chairperson of the Board of the
Principal, within 8 to 10 weeks, from the date of reference of intimation to him by the
'Principal' and, should the occasion arise, submit proposals for correcting problematic
situations.
This Pact begins when both parties have signed it. It expires 12 months after the last
payment under the contract Agreement is made.
If any claim is made/lodged during this time, the same shall be binding and continue be
valid, despite the lapse of this Pact, as specified above, unless it is
discharged/determined Chairperson of the Principal.
The Pact duration in respect of unsuccessful Bidders shall expire after 3 months of the
award of the contract.
Place: Mumbai
Witness-1 : .....................................
Witness-2 : .....................................
Date : /_ /2018
APPENDIX-X
Power of Attorney for Lead Member of Consortium
To be submitted in Original
Whereas the ……………………………….. (“the Authority”) has invited Bids from interested
parties for the ……………………………. Project (the “Project”).
Whereas, …………………….., …………………….., ……………………..and
…………………….. (collectively the “Consortium”) being Members of the Consortium are
interested in bidding for the Project in accordance with the terms and conditions of the Bid
Documents ( Bid Document) document and other connected documents in respect of the Project,
and
Whereas, it is necessary for the Members of the Consortium to designate one of them as the Lead
Member with all necessary power and authority to do for and on behalf of the Consortium, all acts,
deeds and things as may be necessary in connection with the Consortium’s bid for the Project and
its execution.
NOW THEREFORE KNOW ALL MEN BY THESE PRESENTS
We, …………………….. having our registered office at ……………………..,
M/s.………………….. having our registered office at ……………………..,
M/s.………………….. having our registered office at …………………….., and…………………..
having our registered office at …………………….., (hereinafter collectively referred to as the
“Principals”) do hereby irrevocably designate, nominate, constitute, appoint and authorise M/S
…………………….. having its registered office at …………………….., being one of the
Members of the Consortium, as the Lead Member and true and lawful attorney of the Consortium
(hereinafter referred to as the “Attorney”). We hereby irrevocably authorise the Attorney (with
power to sub-delegate) to conduct all business for and on behalf of the Consortium and any one of
us during the bidding process and, in the event the Consortium is awarded the concession/contract,
during the execution of the Project and in this regard, to do on our behalf and on behalf of the
Consortium, all or any of such acts, deeds or things as are necessary or required or incidental to the
prequalification of the Consortium and submission of its bid for the Project, including but not
limited to signing and submission of all Bids, bids and other documents and writings, accept the
Letter of Award, participate in bidders’ and other conferences, respond to queries, submit
information/ documents, sign and execute contracts and undertakings consequent to acceptance of
the bid of the Consortium and generally to represent the Consortium in all its dealings with the
Authority, and/ or any other Government Agency or any person, in all matters in connection with or
relating to or arising out of the Consortium’s bid for the Project and/ or upon award thereof till the
Concession Agreement is entered into with the Authority.
AND hereby agree to ratify and confirm and do hereby ratify and confirm all acts, deeds and things
done or caused to be done by our said Attorney pursuant to and in exercise of the powers conferred
by this Power of Attorney and that all acts, deeds and things done by our said Attorney in exercise
of the powers hereby conferred shall and shall always be deemed to have been done by us/
Consortium.
For ……………………..
(Signature) ……………………..
(Name & Title)
For ……………………..
(Signature)
……………………..
(Name & Title)
For ……………………..
(Signature)
……………………..
(Name & Title)
Witness:
1.
2.
……………………………
(Executants)
(To be executed by all the members of the Consortium)
Notes:
Notes:
The mode of execution of the Power of Attorney should be in accordance with the procedure, if
any, laid down by the applicable law and the charter documents of the executant(s) and when
it is so required, the same should be under common seal afixed in accordance with the
required procedure.
Also, wherever required, the Bidder should submit for verification the extract of the charter
documents and documents such as a board or shareholders’ resolution/ power of attorney in
favour of the person executing this Power of Attorney for the delegation of power hereunder
on behalf of the Bidder.
For a Power of Attorney executed and issued overseas, the document will also have to be
legalised by the Indian Embassy and notarised in the jurisdiction where the Power of Attorney
is being issued. However, the Power of Attorney provided by Bidders from countries that have
signed the Hague Legislation Convention 1961 are not required to be legalised by the Indian
Embassy if it carries a conforming Appostille certificate
*****