Expression of Interest (EOI)

Transcription

1 Expression of Interest (EOI) Invitation of Expression of Interest for Joint Venture Partners for The Rail Connectivity Project from Konkan Railway Line to Jaigad 1

2 CONTENTS Sr. No. 1.0 General Details Page 2.0 Scope of Work 3.0 Expression of Interest (EOI) 4.0 Eligibility Criteria 5.0 Acknowledgement by Applicant 6.0 Language 7.0 Submission of EOI 8.0 Processing Charges 9.0 Cost of EOI Proposal 10.0 KRCL Discretion 11.0 Confidentiality 12.0 Disclaimer Applicant Details Financial Information Evaluation Sheet Application for EOI APPENDIX I APPENDIX II APPENDIX III APPENDIX IV Power of Attorney Format APPENDIX V 2

3 EXPRESSION OF INTEREST (EOI) Date of Issue: 1 st October 2013 Invitation of Expression of Interest for Joint Venture Partners for the project of Rail Connectivity from Konkan Railway Line to Jaigad as per the terms & conditions of Model 6.2 of Participative Policy formulated by Railway Board and communicated vide Letter No. 2011/Infra/12/32 dtd for Railway connectivity and capacity augmentation projects. 1.0 General: The Konkan Railway Corporation Limited (KRCL) has initiated a proposal to form a SPV for the Rail Connectivity from Konkan Railway Line (Digni Proposed Railway station) to Jaigad as per the policy guidelines issued by the Railway Board for Rail Connectivity circulated vide Railway Board Ltr No. 2011/Infra/12/32 dtd for Railway connectivity and capacity augmentation projects vide model 6.2. The Railway Board had granted in principle clearance for undertaking the rail connectivity to Jaigad from Digni through Joint Venture Route with Konkan Railway vide Railway Board Letter No. 2013/Infra/12/4 dtd Konkan Railway has undertaken a feasibility survey for the Rail connectivity between Jaigad to proposed Digni station (35.00 kms) located between existing Sangameshwar and Ukshi stations over KRCL network. Further, the final location survey also been conducted and DPR has been prepared. The salient features of the Proposed Rail Link is as follows.: a) Route length - 35 km b) Ruling gradient - 1 in 150 (Compensated) c) Rails - 60 kg / 90 UTS 3

4 d) Max. Curvature - 2 Curve e) No. of Tunnels - 9 Nos.(Total Length meter) f) Longest Tunnel m g) No. of Major Bridge - 9 Nos( Total Water way 1485 meter) h) Project cost - Rs. 775 crores (approx.) 2.0 Scope of work: The scope of work of the proposed SPV includes the construction, commissioning and maintenance etc of Railway line from proposed Digni Railway Station near Ratnagiri to Jaigad. A concession agreement will be drawn as per the Policy laid down in model 6.2 of Railway Board Ltr No. 2011/Infra/12/32 dtd for Railway connectivity and capacity augmentation projects. The concession agreement as approved by Ministry of Railways will be binding on all the JV partners. 3.0 Expression of Interest (EOI): The Expression of Interest is hereby invited from stakeholders for the proposed Railway connectivity project. Konkan Railway will be investing 26% of the equity and balance 74% equity from joint venture partner/(s) selected through the process of Expression of Interest (EOI). Application as consortium shall not be considered. 4.0 Eligibility Criteria: The applicant shall be an identifiable stakeholder either as user of the proposed Railway line or utilities such as port, mines etc. The applicant shall have demonstrated Technical Capacity over last 5 years as follows : a) Should have i. Paid for and / or received payments for the development of infrastructure projects and / or 4

5 ii. Collected and appropriated revenues from Infrastructure projects Such that the cumulative sum of the above (i+ii) for the last 5 years is at least Rs 750 crores. b) Should have a minimum Net Worth* of Rs. 188 crores at the close of preceding financial year (i.e. equal to 25% of the project cost) c) Should demonstrate a cargo throughput of minimum 5 million tons per annum. Documentary proof for cargo throughput shall be submitted with historical data and the projected data with records / commitments. d) The minimum equity participation in the JV shall be 25%. The applicant should also have adequate experience in Infrastructure Projects and the proof of the same to be submitted along with EOI. The applicant should submit documentary proof (in original or notarized) in support of their credentials fulfilling these eligibility criteria along with the EOI submission. NOTE : a) *Net worth (the net worth) shall mean the sum of paid up equity and reserves after deducting the sum of revaluation reserves, miscellaneous expenditure not written off and Reserves not available to equity share holders and accumulated losses, if any. b) KRCL reserves the right to nominate state governments and PSUs and other state entities through nomination basis. 5.0 Acknowledgement by Applicant : It shall be deemed that by submitting the Application, the Applicant has: (a) (b) made a complete and careful examination of the EOI received all relevant information requested from KRCL 5

6 (c) (d) accepted the risk of inadequacy, error or mistake in the information provided in the EOI or furnished by or on behalf of the Authority (KRCL) agreed to be bound by the undertakings provided by it under and in terms hereof KRCL shall not be liable for any omission, mistake or error in respect of any of the above or on account of any matter or thing arising out of or concerning or relating to the EOI or the Bidding Process, including any error or mistake therein or in any information or data given by KRCL. 6.0 Language: The Application and all related correspondence and documents shall be in English language. Supporting documents and printed literature furnished by the Applicant with the Application may be in any other language provided that they are accompanied by translations of all the pertinent passages in the English language, duly authenticated and certified by the Applicant. Supporting materials, which are not translated into English, may not be considered. For the purpose of interpretation and evaluation of the Application, the English language translation shall prevail. 7.0 Submission of EOI: The interested applicants are requested to submit their credentials including their financial status, organizational setup available with them etc., in the EOI format enclosed so as to reach the office of General Manager (Infrastructure) / Konkan Railway Corporation Limited, Infrastructure Project Division, Belapur Bhavan, 5 th Floor, P.B. No. 45, Plot No. 6, Sector 11, CBD - Belapur, Navi Mumbai , INDIA, Telephone , and dygminfra@konkanrailway.gov.in, on or before 15:00 hours on 30 th October The EOI will be opened on 30 th October 15:30 hrs. 6

7 Notwithstanding anything contained in this EOI, KRCL reserves the right to accept or reject any application / proposal or to annul the bidding process or reject all applications at any time without any liability or any obligation for such rejection or annulment, without assigning any reasons thereof. KRCL also reserves the right to reject any application at any time if; a) a material misrepresentation is made or discovered OR b) the applicant does not respond promptly and diligently to requests for supplementary information required for the evaluation of the application. Rejection of the application by KRCL as aforesaid would lead to the disqualification of the applicant. For any other information, they may contact General Manager (Infrastructure) / KRCL at the above (mentioned in para 5.0) address. 8.0 Processing charges: Non refundable processing charge of INR 50,000/- (Rupees Fifty Thousand Only) shall be submitted along the EOI documents in the form of Demand Draft drawn in favour of Konkan Railway Corporation Ltd., payable at Navi Mumbai, India. 9.0 Cost of EOI Proposal: The applicant shall be solely responsible for any expenditure they may incur for site visits, transport, faxes, postages and other logistics etc in the process of submission of the Expression of Interest. For any other information, they may contact General Manager (Infrastructure) / Konkan Railway Corporation Ltd, Infrastructure Project Division, Belapur Bhavan, 5 th Floor, P.B. No. 45, Plot No. 6, Sector 11, CBD - Belapur, Navi Mumbai , INDIA, Telephone

8 10.0 Law & Jurisdiction : The EOI process shall be governed by the laws of India and courts at Mumbai / Navi Mumbai will have jurisdiction over the matters concerning and arising out of this EOI document and corresponding process Confidentiality: Information relating to the examination, clarification, evaluation, and recommendation for the short-listed pre-qualified Applicants shall not be disclosed to any person who is not officially concerned with the process or is not a retained professional advisor advising the Authority in relation to, or matters arising out of, or concerning the Bidding Process. KRCL will treat all information, submitted as part of Application, in confidence and will require all those who have access to such material to treat the same in confidence. The Authority may not divulge any such information unless it is directed to do so by any statutory entity that has the power under law to require its disclosure or is to enforce or assert any right or privilege of the statutory entity and / or the Authority or as may be required by law or in connection with any legal process Disclaimer: The information contained in this Expression of Interest ( EOI ) or subsequently provided to applicants whether verbally or in documentary form by or on behalf of KRCL or any of their employees or advisors (collectively referred to as KRCL Representatives ), is provided to the applicants on the terms and conditions set out in this EOI document and any other terms and conditions subject to which such information is provided. This EOI document is not an agreement and is not an offer or invitation by the KRCL Representatives to any other party. The purpose of this EOI document is to provide interested parties with information to assist the formulation of their Application. Each Applicant should conduct its own due diligence, investigations and analysis and should check the accuracy, reliability and completeness of 8

9 the information in this EOI document and obtain independent advice from appropriate sources. The KRCL Representatives make no representation or warranty and shall incur no liability under any law, statute, rules or regulations as to the accuracy or completeness of the EOI document and any other information supplied by or on behalf of KRCL representatives or otherwise arising in any way from the selection process. KRCL may in their absolute discretion, but without being under any obligation to do so, update, amend or supplement the information in this EOI document from time to time, after intimating the same to the applicants. 9

10 APPENDIX I Invitation of Expression of Interest for Joint Venture Partners for the Rail Connectivity Project from Konkan Railway Line to Jaigad as per the terms & conditions of Model 6.2 of Participative Policy formulated by Railway Board and communicated vide Letter No. 2011/Infra/12/32 dtd for Railway connectivity and capacity augmentation projects. 1. Name of Applicant : 2. Present address : a) Head Office b) Other Offices / Place of business 3. Place and year of incorporation of the company / firm (Attach documentary proof as copy of certificate of incorporation etc.) 4. Particulars of holding, subsidiaries or associated companies. 5. Details of the applicant s present business activities highlighting those similar to the proposed project and if applicable, task allocation of JV constituents. 6. Summary of assets and liabilities on the basis of audited financial statements for the last 5 years. NOTE : Applicant shall provide information as per following proforma for the firm / company for the last 5 financial years. 10

11 APPENDIX II Proforma for Financial information Previous five years. Particulars Previous 5 years Sr. No. Financial Year Authorized Capital 2 Capital issued and paid up 3 Current Assets including cash, receivables 4 Total Assets 5 Current Liabilities 6 Total Liabilities 7 Net Worth 8 Working Capital 9 Gross Profit 10 PAT NOTE : Please attach certified / attested copies of latest Income Tax Returns and / or Audited Balance Sheet & Profit & Loss Account for the last 5 financial years. 11

12 APPENDIX III Evaluation Sheet Sr. No. Eligibility Criteria Unit Actual Ref. Remarks a i Paid for and / or received Rs. Cr. payments for the development of infrastructure projects and / or ii. Collected and appropriated revenues from Infrastructure projects. (minimum cumulative sum of the above (i+ii) for the last 5 years is at least Rs. 750 crores). b Net Worth (minimum Rs. 188 Rs. Cr. crores at the close of preceding financial year) c Cargo throughput Yes/No (minimum 5 million tons per annum). d The minimum equity participation in the JV (minimum 25%) Yes/No Note 1 : The marks scored will govern the eligibility for selection. Note 2 : The applicant should achieve the mandatory criteria for item c&d as yes for qualification. Those who are not qualifying for item c&d above will be summarily rejected. Note 3 : The prescribed threshold level will get 100 marks (for item a,b) and the increment over the threshold level will get pro-rata increment in marks. Example : Item a) for Rs. 775 crs = 100 marks Rs crs = (1000/775)*100 = marks Item b) for Rs. 188 crs = 100 marks Rs. 200 crs = (200/188)*100 = marks 12

13 APPENDIX IV Letter Comprising the Application for EOI To, Dated: General Manager (Infrastructure) Konkan Railway Corporation Limited, Infrastructure Project Division, Belapur Bhavan, 5th Floor, P.B. No. 45, Plot No. 6, Sector 11, CBD Belapur, Navi Mumbai , INDIA, Telephone Sub : Invitation of Expression of Interest for Joint Venture Partners for the project of Rail Connectivity from Konkan Railway Line to Jaigad as per the terms & conditions of Model 6.2 of Participative Policy formulated by Railway Board and communicated vide Letter No. 2011/Infra/12/32 dtd for Railway connectivity and capacity augmentation projects. Dear Sir, 1. With reference to your EOI document dated.., I / we, having examined the EOI document and understood its contents, hereby submit my / our Application for Qualification for the aforesaid project. The Application is unconditional and unqualified. 2. I / We acknowledge that KRCL will be relying on the information provided in the Application and the documents accompanying such Application for pre-qualification of the Applicants for the aforesaid project, and we certify that all information provided in the Application and in Appendix I to III is true and correct; nothing has been omitted which renders such information misleading; and all documents accompanying such Application are true copies of their respective originals. 13

14 3. This statement is made for the express purpose of qualifying as a Bidder for the [development, construction and maintenance] of the aforesaid Project. 4. I / We shall make available to KRCL any additional information it may find necessary or require to supplement or authenticate the Qualification statement. 5. I / We acknowledge the right of KRCL to reject our Application without assigning any reason or otherwise and hereby waive, to the fullest extent permitted by applicable law, our right to challenge the same on any account whatsoever. 6. I / We certify that in the last three years, we 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. 7. I / We declare that: (a) (b) (c) I / We have examined and have no reservations to the EOI document, including any Addendum issued by the Authority (KRCL); I / We have not directly or indirectly or through an agent engaged or indulged in any corrupt practice, fraudulent practice, coercive practice, undesirable practice or restrictive practice, in respect of any tender or request for proposal issued by or any agreement entered into with the Authority or any other public sector enterprise or any government, Central or State; and I / We hereby certify that we have taken steps to ensure no person acting for us or on our behalf has engaged or will engage in any corrupt practice, fraudulent practice, coercive practice, undesirable practice or restrictive practice. 8. I / We understand that you may cancel the Bidding Process at any time and that you are neither bound to accept any Application that you may receive nor to invite the Applicants to Bid for the Project, without incurring any liability to the Applicants. 14

15 9. I / We believe that we / our Consortium / proposed Consortium satisfy(s) the Net Worth criteria and meet(s) all the requirements as specified in the EOI document and are / is qualified to submit a Bid. 10. I / We certify that in regard to matters other than security and integrity of the country, we or any of our / Associates 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. 11. I / We agree and undertake to abide by all the terms and conditions of the EOI document. 12. I / We certify that in terms of the EOI, my / our Networth is Rs... (Rupees in words) and the Aggregate Experience Score is.. (number in words). 13. We agree and undertake to be jointly and severally liable for all the obligations of the Concessionaire under the Concession Agreement till occurrence of Financial Close in accordance with the Concession Agreement. In witness thereof, I / we submit this application under and in accordance with the terms of the EOI document. Yours faithfully, Date: Place: (Signature, name and designation of the Authorised Signatory) Name and seal of the Applicant / Lead Member 15

16 APPENDIX V Power of Attorney for signing of Application Know all men by these presents, We.. (name of the firm and address of the registered office) do hereby irrevocably constitute, nominate, appoint and authorise Mr / Ms (name), son / daughter / wife of and presently residing at., who is presently employed with us / the Lead Member of our Consortium and holding the position of., as our true and lawful attorney (hereinafter referred to as the Attorney ) to do in our name and on our behalf, all such acts, deeds and things as are necessary or required in connection with or incidental to submission of our application for pre-qualification and submission of our bid for the ***** Project proposed or being developed by the ***** (the Authority ) including but not limited to signing and submission of all applications, bids and other documents and writings, participate in Pre-Applications and other conferences and providing information / responses to the Authority, representing us in all matters before the Authority, signing and execution of all contracts including the Concession Agreement and undertakings consequent to acceptance of our bid, and generally dealing with the Authority in all matters in connection with or relating to or arising out of our bid for the said Project and / or upon award thereof to us and / or till the entering into of the Concession Agreement with the Authority. AND we hereby agree to ratify and confirm and do hereby ratify and confirm all acts, deeds and things done or caused to be done by our said Attorney pursuant to and in exercise of the powers conferred by this Power of Attorney and that all acts, deeds and things done by our said Attorney in exercise of the powers hereby conferred shall and shall always be deemed to have been done by us. IN WITNESS WHEREOF WE,., THE ABOVE NAMED PRINCIPAL HAVE EXECUTED THIS POWER OF ATTORNEY ON THIS DAY OF., For.. (Signature, name, designation and address) 16

17 Witnesses: (Notarised) Accepted (Signature) (Name, Title and Address of the Attorney) 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 affixed in accordance with the required procedure. Wherever required, the Applicant should submit for verification the extract of the charter documents and documents such as a board or shareholders resolution / power of attorney in favour of the person executing this Power of Attorney for the delegation of power hereunder on behalf of the Applicant. 17