Mopa RFQ 3 October 2014
Mopa RFQ 3 October 2014
Mopa RFQ 3 October 2014
The option of change in composition of the Consortium which is available under Clause 2.3.2 may be exercised by
any Applicant who is pre-qualified either as a Consortium or as a single entity. In the case of a single entity
Applicant adding a Consortium Member at the Bid Stage, the single entity Applicant shall be the Lead Member of
the Consortium. Provided, however, that no member of such Consortium shall be an Applicant or the member of a
Consortium which has been pre-qualified.
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3 October, 2014 Request for Qualification
2.3.5 Notwithstanding anything to the contrary contained in sub-clause (c) (i) of
Clause 2.2.1, an Applicant may, within 10 (ten) days after the Application
Due Date, remove from its Consortium any Member who suffers from a
Conflict of Interest, and such removal shall be deemed to cure the Conflict
of Interest arising in respect thereof.
2.4 Number of Applications and costs thereof
2.4.1 No Applicant shall submit more than one Application for the Project. An
Applicant applying individually or as a Member shall not be entitled to
submit another application either individually or as a Member of any other
Consortium, as the case may be.
2.4.2 The Applicants shall be responsible for all of the costs associated with the
preparation of their Applications and their participation in the Bid Process.
The Authority will not be responsible or in any way liable for such costs,
regardless of the conduct or outcome of the Bidding Process.
2.5 Site visit and verification of information
Applicants are encouraged to submit their respective Applications after visiting
the Project site and ascertaining for themselves the site conditions, traffic,
location, surroundings, climate, availability of power, water and other
utilities for construction, access to site, handling and storage of materials,
weather data, applicable laws and regulations, and any other matter
considered relevant by them.
2.6 Acknowledgement by Applicant
2.6.1 It shall be deemed that by submitting the Application, the Applicant has:
(a) made a complete and careful examination of the provisions of the RFQ;
(b) received all relevant information requested from the Authority;
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(c) accepted the risk of inadequacy, error or mistake in the information
provided in the RFQ or furnished by or on behalf of the Authority
relating to any of the matters referred to in Clause 2.5 above; and
(d) agreed to be bound by the undertakings provided by it under and in
terms hereof.
2.6.2 The Authority shall not be liable for any omission, mistake or error in
respect of any of the above or on account of any matter or thing arising out
of or concerning or relating to the RFQ or the Bidding Process, including
any error or mistake therein or in any information or data given by the
Authority.
2.7 Right to accept or reject any or all Applications/ Bids
2.7.1 Notwithstanding anything contained in this RFQ, the Authority reserves the
right to accept or reject any Application and to annul the Bidding Process
and reject all Applications/ Bids, at any time without any liability or any
obligation for such acceptance, rejection or annulment, and without assigning
any reasons therefor. In the event that the Authority rejects or annuls all the
Bids, it may, in its discretion, invite all eligible Bidders to submit fresh Bids
hereunder.
2.7.2 The Authority reserves the right to reject any Application and/ or
Bid if:
(a) at any time, a material misrepresentation is made or
uncovered, or
(b) the Applicant does not provide, within the time specified by the
Authority, the supplemental information sought by the Authority for
evaluation of the Application.
If the Applicant/Bidder is a Consortium, then the entire Consortium may be
disqualified/ rejected. If such disqualification/ rejection occurs after the Bids
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have been opened and the Highest Bidder gets disqualified/ rejected, then
the Authority reserves the right to:
(i) invite the remaining Bidders to match the Highest Bidder/ submit
their Bids in accordance with the RFP; or
(ii) take any such measure as may be deemed fit in the sole discretion of
the Authority, including annulment of the Bidding Process.
2.7.3 In case it is found during the evaluation or at any time before signing of the
Concession Agreement or after its execution and during the period of
subsistence thereof, including the concession thereby granted by the
Authority, that one or more of the qualification conditions have not been met
by the Applicant, or the Applicant has made material misrepresentation or
has given any materially incorrect or false information, the Applicant shall be
disqualified forthwith if not yet appointed as the Concessionaire either by
issue of the LOA or entering into of the Concession Agreement, and if the
Applicant/SPV has already been issued the LOA or has entered into the
Concession Agreement, as the case may be, the same shall, notwithstanding
anything to the contrary contained therein or in this RFQ, be liable to be
terminated, by a communication in writing by the Authority to the Applicant,
without the Authority being liable in any manner whatsoever to the
Applicant and without prejudice to any other right or remedy which the
Authority may have under this RFQ, the Bidding Documents, the
Concession Agreement or under applicable laws.
2.7.4 The Authority reserves the right to verify all statements, information and
documents submitted by the Applicant in response to the RFQ. Any such
verification or lack of such verification by the Authority shall not relieve the
Applicant of its obligations or liabilities hereunder nor will it affect any
rights of the Authority thereunder.
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B. DOCUMENTS
2.8 Contents of the RFQ
This RFQ comprises the disclaimer set forth hereinabove, the contents as
listed below, and will additionally include any Addenda issued in
accordance with Clause 2.10.
Invitation for Qualification
Section 1. Introduction
Section 2. Instructions to Applicants
Section 3. Criteria for Evaluation
Section 4. Fraud & Corrupt Practices
Section 5. Pre Application Conference
Section 6. Miscellaneous
Appendices
I. Letter comprising the Application
II. Power of Attorney for signing of Application
III. Power of Attorney for Lead Member of Consortium
IV. J oint Bidding Agreement for Consortium
V. Guidelines of the Department of Disinvestment
VI. Details of e-Tendering Procedure
VII. Information Memorandum of the Project
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2.9 Clarifications
2.9.1 Applicants requiring any clarification on the RFQ may notify the Authority in
writing or by fax and e-mail in accordance with Clause 1.2.11. They should
send in their queries before the date specified in the schedule of Bidding
Process contained in Clause 1.3. The Authority shall endeavour to respond to
the queries within the period specified therein, but no later than 10 (ten) days
prior to the Application Due Date. The responses will be sent by fax and/or
e-mail. The Authority will forward all the queries and its responses thereto, to
all purchasers of the RFQ without identifying the source of queries.
2.9.2 The Authority shall endeavour to respond to the questions raised or
clarifications sought by the Applicants. However, the Authority reserves
the right not to respond to any question or provide any clarification, in its
sole discretion, and nothing in this Clause shall be taken or read as compelling
or requiring the Authority to respond to any question or to provide any
clarification.
2.9.3 The Authority may also on its own motion, if deemed necessary, issue
interpretations and clarifications to all Applicants. All clarifications and
interpretations issued by the Authority shall be deemed to be part of the
RFQ. Verbal clarifications and information given by Authority or its
employees or representatives shall not in any way or manner be binding on
the Authority.
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2.10 Amendment of RFQ
2.10.1 At any time prior to the deadline for submission of Application, the
Authority may, for any reason, whether at its own initiative or in response
to clarifications requested by an Applicant, modify the RFQ by the
issuance of Addenda.
2.10.2 Any Addendum thus issued will be sent in writing to all those who have
purchased the RFQ.
2.10.3 In order to afford the Applicants a reasonable time for taking an Addendum
into account, or for any other reason, the Authority may, in its sole
discretion, extend the Application Due Date.
C. PREPARATION AND SUBMISSION OF APPLICATION
2.11 Language
The Application and all related correspondence and documents in relation to
the Bidding Process 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.
While extending the Application Due Date on account of an addendum, the Authority shall have due regard for the
time required by Applicants to address the amendments specified therein. In the case of significant amendments, at
least 15 (fifteen) days shall be provided between the date of amendment and the Application Due Date, and in the
case of minor amendments, at least 7 (seven) days shall be provided.
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2.12 Format and signing of Application
2.12.1 The Applicant shall provide all the information sought under this RFQ. The
Authority will evaluate only those Applications that are received in the
required formats and complete in all respects. Incomplete and /or
conditional Applications shall be liable to rejection.
2.12.2 The Applicant shall prepare 1 (one) original set of the Application (together
with originals/ copies of documents required to be submitted along therewith
pursuant to this RFQ) and clearly marked ORIGINAL. In addition, the
Applicant shall submit 1 (one) copy of the Application, along with
documents required to be submitted along therewith pursuant to this RFQ,
marked COPY. The Applicant shall submit soft copies including the duly
filled Microsoft Excel formats which form part of this RFQ via the e-
Tendering portal www.tenderwizard.com/GOA. In the event of any
discrepancy between the original and the copy, the original shall prevail.
2.12.3 The Application and its copy shall be typed or written in indelible ink and
signed by the authorised signatory of the Applicant who shall also initial each
page in blue ink. In case of printed and published Documents, only the cover
shall be initialed. All the alterations, omissions, additions or any other
amendments made to the Application shall be initialed by the person(s)
signing the Application. The Application shall contain page numbers and shall
be bound together in hard cover.
2.13 Sealing and Marking of Applications
2.13.1 The Applicant shall submit the Application in the format specified at
Appendix-I, together with the documents specified in Clause 2.13.2, and seal
it in an envelope and mark the envelope as APPLICATION. The
Applicant shall seal the original and the copy of the Application, together
with their respective enclosures, in separate envelopes duly marking the
envelopes as ORIGINAL and COPY. The envelopes shall then be
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sealed in an outer envelope which shall also be marked in accordance with
Clauses 2.13.2 and 2.13.3.
2.13.2 Each envelope shall contain:
(i) Application in the prescribed format (Appendix-I formats) along
with Annexes and supporting documents;
(ii) Power of Attorney for signing the Application as per the format at
Appendix- II;
(iii) if applicable, the Power of Attorney for Lead Member of Consortium as
per the format at Appendix-III;
(iv) copy of the J t. Bidding Agreement, in case of a Consortium,
substantially in the format at Appendix-IV;
(v) copy of Memorandum and Articles of Association, if the Applicant is a
body corporate, and if a partnership then a copy of its partnership deed;
and
(vi) copies of Applicants duly audited balance sheet and profit and loss
account for the preceding five years.
Each of the envelopes shall clearly bear the following
identification:
Application for Qualification: Development of Greenfield Airport
Project on Public Private Partnership Basis at Mopa in Goa
and shall clearly indicate the name and address of the Applicant. In
addition, the Application Due Date should be indicated on the right hand
corner of each of the envelopes.
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2.13.3 Each of the envelopes shall be addressed to:
ATTN. OF : Dr. S. Shanbhogue
DESIGNATION : Director (Directorate of Civil Aviation)
ADDRESS : Directorate of Civil Aviation ,
Room No. 19
Secretariat Building,
Alto Porvorim, Bardez, Goa.
FAX NO : +91 832 2419638
E-MAIL ADDRESS : [email protected]
2.13.4 If the envelopes are not sealed and marked as instructed above, the
Authority assumes no responsibility for the misplacement or premature
opening of the contents of the Application and consequent losses, if any,
suffered by the Applicant.
2.13.5 Applications submitted by fax, telex, telegram or e-mail shall not be
entertained and shall be rejected.
2.14 Application Due Date
2.14.1 Applications should be submitted before 1500 hours IST on the Application
Due Date, at the address provided in Clause 2.13.3 in the manner and form
as detailed in this RFQ. A receipt thereof should be obtained from the
person specified in Clause 2.13.3.
2.14.2 The Authority may, in its sole discretion, extend the Application Due Date by
issuing an Addendum in accordance with Clause 2.10 uniformly for all
Applicants.
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2.15 Late Applications
2.15.1 Applications received by the Authority after the specified time on the Application
Due Date shall not be eligible for consideration and shall be summarily rejected.
2.16 Modifications/substitution/withdrawal of Applications
2.16.1 The Applicant may modify, substitute or withdraw its Application after
submission, provided that written notice of the modification, substitution or
withdrawal is received by the Authority prior to the Application Due Date.
No Application shall be modified, substituted or withdrawn by the
Applicant on or after the Application Due Date.
2.16.2 The modification, substitution or withdrawal notice shall be prepared, sealed,
marked, and delivered in accordance with Clause 2.13, with the envelopes
being additionally marked MODIFICATION, SUBSTITUTION or
WITHDRAWAL, as appropriate.
2.16.3 Any alteration/modification in the Application or additional information
supplied subsequent to the Application Due Date, unless the same has been
expressly sought for by the Authority, shall be disregarded.
D. EVALUATION PROCESS
2.17 Opening and Evaluation of Applications
2.17.1 The Authority shall open the Applications at 1700 hours IST on the
Application Due Date, at the place specified in Clause 2.13.3 and in the
presence of the Applicants who choose to attend.
2.17.2 Applications for which a notice of withdrawal has been submitted in
accordance with Clause 2.16 shall not be opened.
2.17.3 The Authority will subsequently examine and evaluate Applications in
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accordance with the provisions set out in Section 3.
2.17.4 Applicants are advised that qualification of Applicants will be entirely at the
discretion of the Authority. Applicants will be deemed to have understood
and agreed that no explanation or justification on any aspect of the Bidding
Process or selection will be given.
2.17.5 Any information contained in the Application shall not in any way be
construed as binding on the Authority, its agents, successors or assigns,
but shall be binding against the Applicant if the Project is subsequently
awarded to it on the basis of such information.
2.17.6 The Authority reserves the right not to proceed with the Bidding Process at
any time without notice or liability and to reject any or all Application(s)
without assigning any reasons.
2.17.7 If any information furnished by the Applicant is found to be incomplete, or
contained in formats other than those specified herein, the Authority may,
in its sole discretion, exclude the relevant project from computation of the
Aggregate Experience Score of the Applicant.
2.17.8 In the event that an Applicant claims credit for an Eligible Project, and
such claim is determined by the Authority as incorrect or erroneous, the
Authority shall reject such claim and exclude the same from computation of
the Aggregate Experience Score and may also, while computing the
Aggregate Experience Score of the Applicant, make a further deduction
equivalent to the claim rejected hereunder. Where any information is found to
be patently false or amounting to a material misrepresentation, the Authority
reserves the right to reject the Application and/or Bid in accordance with
the provisions of Clauses 2.7.2 and 2.7.3.
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2.18 Confidentiality
2.18.1 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. The Authority 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.
2.19 Tests of responsiveness
2.19.1 Prior to evaluation of Applications, the Authority shall determine whether each
Application is responsive to the requirements of the RFQ. An Application
shall be considered responsive only if:
(a) it is received as per format at Appendix-I (including Microsoft Excel
workbook which forms part of this RFQ);
(b) it is received by the Application Due Date including any extension
thereof pursuant to Clause 2.14.2;
(c) it is signed, sealed, bound together in hard cover, and marked as
stipulated in Clauses 2.12 and 2.13;
(d) it is accompanied by the Power of Attorney as specified in Clause
2.2.4, and in the case of a Consortium, the Power of Attorney as
specified in Clause 2.2.5(c);
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(e) it contains all the information and documents (complete in all
respects) as requested in this RFQ;
(f) it contains information in formats same as those specified in this
RFQ;
(g) it contains certificates from its statutory auditors
$
in the formats
specified at Appendix-I of the RFQ for each Eligible Project;
(h) it is received on or before the date specified in Clause 1.3 and contains
a demand draft towards the cost of the RFQ document or an attested
copy of the receipt for payment to Authority towards the cost of the
RFQ document;
(i) it is accompanied by the J t. Bidding Agreement (for Consortium),
specific to the Project, as stipulated in Clause 2.2.6 (g);
(j) it does not contain any condition or qualification; and
(k) it is not non-responsive in terms hereof.
2.19.2 The Authority reserves the right to reject any Application which is non-
responsive and no request for alteration, modification, substitution or
withdrawal shall be entertained by the Authority in respect of such
Application.
$
In case duly certified audited annual financial statements containing the requisite details are provided, a separate
certification by statutory auditors would not be necessary in respect of Clause 2.19.1 (g). In jurisdictions that do not
have statutory auditors, the firm of auditors which audits the annual accounts of the Applicant may provide the
certificates required under this RFQ.
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2.20 Clarifications
2.20.1 To facilitate evaluation of Applications, the Authority may, at its sole
discretion, seek clarifications from any Applicant regarding its Application.
Such clarification(s) shall be provided within the time specified by the
Authority for this purpose. Any request for clarification(s) and all
clarification(s) in response thereto shall be in writing.
2.20.2 If an Applicant does not provide clarifications sought under Clause 2.20.1
above within the prescribed time, its Application shall be liable to be
rejected. In case the Application is not rejected, the Authority may proceed to
evaluate the Application by construing the particulars requiring clarification
to the best of its understanding, and the Applicant shall be barred from
subsequently questioning such interpretation of the Authority.
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E. QUALIFICATION AND BIDDING
2.21 Shortlisting and notification
After the evaluation of Applications, the Authority would announce a list of
shortlisted pre-qualified Applicants (Bidders) who will be eligible for
participation in the Bid Stage. At the same time, the Authority would notify
the other Applicants that they have not been shortlisted. The Authority will
not entertain any query or clarification from Applicants who fail to qualify.
2.22 Submission of Bids
The Bidders will be requested to submit a Bid in the form and manner to
be set out in the Bidding Documents.
Only pre-qualified Applicants shall be invited by the Authority to submit
their Bids for the Project. The Authority is likely to provide a
comparatively short time span for submission of the Bids for the Project.
The Applicants are therefore advised to visit the site and familiarise
themselves with the Project by the time of submission of the Application.
No extension of time is likely to be considered for submission of Bids
pursuant to invitation that may be issued by the Authority.
2.23 Proprietary data
All documents and other information supplied by the Authority or
submitted by an Applicant to the Authority shall remain or become the
property of the Authority. Applicants are to treat all information as strictly
confidential and shall not use it for any purpose other than for preparation and
submission of their Application. The Authority will not return any Application
or any information provided along therewith.
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2.24 Correspondence with the Applicant
Save and except as provided in this RFQ, the Authority shall not entertain
any correspondence with any Applicant in relation to the acceptance or
rejection of any Application.
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3. CRITERIA FOR EVALUATION
3.1 Evaluation parameters
3.1.1 Only those Applicants who meet the eligibility criteria specified in Clause
2.2.2 above shall qualify for evaluation under this Section 3. Applications
of firms/ consortia who do not meet the prescribed criteria shall be
rejected.
3.1.2 The Applicants competence and capability is proposed to be established by
the following parameters:
(a) Technical Capacity; and
(b) Financial Capacity
3.2 Technical Capacity for purposes of evaluation
3.2.1 Subject to the provisions of Clause 2.2, the following categories of
experience would qualify as Technical Capacity and eligible experience (the
Eligible Experience) in relation to eligible projects as stipulated in
Clauses 3.2.3 and 3.2.4 (the Eligible Projects):
Category 1(A): Development Experience of Eligible Projects in airports
sector (greenfield or brownfield) that qualify under Clause
3.2.3 A;
or
Category 1(B): Development Experience of Eligible Projects in core
sectors that qualify under Clause 3.2.3 B;
Category 2: Operations Experience of Eligible Projects in airports sector
that qualify under Clause 3.2.4.
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For the purpose of this RFQ, core sectors would be deemed to include
airports, power, information technology (IT) parks, ports, highways,
expressways, railways (including metro rail), and real estate development;
provided that in case of real estate development, the following categories of
projects shall be evaluated as Eligible Projects:
(i) Development of a commercial real estate project at a single site with
a minimum built-up area of not less than 200,000 (two hundred
thousand) square metre; and/or
(ii) Development of a residential real estate project at a single site with a
minimum built-up area of not less than 400,000 (four hundred
thousand) square metre.
3.2.2 Eligible Experience in respect of each category shall be measured only for
Eligible Projects.
3.2.3 A. For a project to qualify as an Eligible Project under Category 1(A):
(a) It should have been undertaken as a PPP project on BOT,
BOLT, BOO, BOOT, DBFOT or other similar basis for
providing its output or services to a public sector entity or it
should have been undertaken for providing non-discriminatory
access to users in pursuance of its charter, concession or
contract, as the case may be;
(b) The entity claiming experience should have undertaken
development of either a green-field or a brown-field
international airport during the Development Period. Provided
further that:
(i) if the international airport is a greenfield airport,
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(aa) such international airport should have a total
passenger throughput of 4 (four) mppa or more in at
least 2 (two) years in the last 3 (three) calendar
years beginning from 1 J anuary 2011;
(bb) the commercial operation date of the project shall
be on or after 1 J anuary, 2004; and
(cc) the entity claiming Development Experience should
have held, in the company owning the Eligible
Project, a minimum of 26% (twenty six per cent)
equity from the date of signing of the concession
agreement till commercial operation date of the
project.
(ii) If the international airport is a brownfield airport,
(aa) the passenger throughput in such international
airport should have increased by not less than 4
(four) mppa from the beginning of calendar year
starting 1 J anuary 1999; and
(bb) the entity claiming Development Experience should
have held, in the company owning the Eligible
Project, either a minimum equity stake of 26%
(twenty six per cent) from 1 J anuary 1999 to 31
December 2013; or a minimum equity stake of 26%
(twenty six per cent) for 3 (three) consecutive years
of the Development Period during which the design
peak hour passenger capacity of the international
airport should have increased by not less than 20%
(twenty percent), as the case may be.
For the purpose of this RFQ, passenger throughput of an airport is the sum
total of its arriving and departing passengers for a stated period of time. A
transit passenger, who does not leave the airport terminal shall be counted
once, as an arriving passenger.
3.2.3 B. For a project to qualify as an Eligible Project under Category 1(B):
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(a) It should have been undertaken as a PPP project on BOT, BOLT,
BOO, BOOT, DBFOT or other similar basis for providing its output or
services to a public sector entity or it should have been undertaken for
providing non-discriminatory access to users in pursuance of its
charter, concession or contract, as the case may be;
(b) The incremental capital cost of the project shall be more than Rs.
5,00,00,00,000 (Rupees Five Hundred crores) provided the capital
cost of the project shall not include the cost of land.
Explanation:
(i) In the event the project is situated in a developed country which
is a member of OECD, the capital cost of such project shall
be further multiplied by a factor of 0.4 (zero point four) and
the product thereof shall be deemed to be the incremental
capital cost of the project;
(ii) In the event an Eligible Project was executed across
multiple phases, the sum of the incremental capital cost
incurred in each phase that falls within the Development
Period shall be considered as the total incremental capital
cost of such Eligible Project;
(iii) If an entity is claiming development experience for a
brown-field project, the incremental capital cost shall be
measured as the capital cost incurred on such project after
the date of signing of the development agreement or the
concession agreement, as the case may be, between the
project authority and the entity. In the event the date of
signing of the development agreement or concession
agreement, as the case may be, between the project
authority and the entity is on or before 1 J anuary 2004, the
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incremental capital cost incurred after 1 J anuary 2004 shall
be considered as the incremental capital cost of such
Eligible Project;
(c) The entity claiming experience should have held, in the company
owning the Eligible Project, a minimum of 26% (twenty six per cent)
equity during the period for which the experience is being considered;
provided that in case of real estate development, the following
conditions shall apply;
(i) The entity claiming experience should have held for not
less than 3 (three) consecutive years, in the company
owning the Eligible Project, a minimum of 26% (twenty six
per cent) equity during the period when the real estate
development as set out in Clause 3.2.1 was being carried
out; and
(ii) The entity claiming experience should have been
undertaken the project during the Development Period.
3.2.4 For a project to qualify as an Eligible Project under Category 2:
(a) It should have operated an international airport for at least 3 (three)
calendar years during the period commencing from 1 J anuary 2009 till
31 December 2013 (Operation Period). Such international airport
should
(i) have a total Passenger Throughput of 4 (four) mppa or more in at
least 2 (two) calendar years in the last 5 (five) calendar years
starting from 1 J anuary 2009; and
(ii) have ASQ or Skytrax ranking in the first 100 (hundred) (i.e. in
between 1 to 100) in at least 2(two) calendar years during the
Operation Period. For the purposes of this RFQ, ASQ or Skytrax
ranking shall mean the overall ranking of the Eligible Project (a)
for the relevant year as issued by Skytrax; or (b) for all quarters of
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the relevant year as issued by ACI, as the case may be.
(b) The Applicant claiming operations experience should have held, for 1
(one) calendar year during the Operation Period:
(i) more than 26 % (twenty six percent) of paid-up and subscribed
share capital in the entity that owns the said airport; or
(ii) more than 26 % (twenty six percent) of paid-up and subscribed
share capital in the entity that the airport has been leased to; or
(iii) more than 26 % (twenty six percent) of paid-up and subscribed
share capital in the entity operating the airport on contract from
the airport owner/ developer/ lessor; or
(iv) more than 26 % (twenty six percent) of paid-up and subscribed
share capital in the entity designated as the operator of the
airport through a formal agreement with the entities owning the
airport.
3.2.5 An Applicant may quote experience in respect of a particular Eligible
Project under separate categories, if the Applicant (either on its own or
along with a member of the Consortium) has played multiple roles in such
project. However, the Applicant is required to clearly state the role played in
the Eligible Project at each instance of quoting that particular project.
3.2.6 An Applicants experience shall be measured and stated in terms of a score
(the Aggregate Experience Score). The Aggregate Experience Score
shall be determined by taking the sum of the experience in project
development (the Project Development Score) and the experience in
airport operations (the Airport Operations Score).
(a) The Project Development Score shall be evaluated in the following
manner:
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(i) Eligible Project under Category 1(A)
Number of projects Marks awarded
1 (one) 10 (ten)
2 (two) 20 (twenty)
3 (three) or more 25 (twenty five)
For the avoidance of doubt, in the event an Applicant has more
than 3 (three) Eligible Projects under Category 1(A), the
maximum marks awarded under Clause 3.2.6(a)(i) shall be 25
(twenty five) marks. The marks awarded for Eligible Projects
under this Clause 3.2.6(a)(i) shall be designated as PD-1.
(ii) Maximum incremental passenger throughput of an Eligible
Project under Category 1(A) during the Development Period
Passenger throughput (Mppa) Marks awarded
Above 4 and less than 8 10 (ten)
Equal to and greater than 8 and
less than 12
20 (twenty)
12 and above 25 (twenty five)
For the avoidance of doubt, if an Applicant has a Passenger
Throughput of more than 12 (twelve) mppa in an Eligible
Project under Category 1(A), the maximum marks awarded
under Clause 3.2.6 (a)(ii) shall be 25 (twenty five) marks. The
marks awarded for Eligible Project under this Clause 3.2.6(a)(ii)
shall be designated as PD-2.
(iii) Eligible Project under Category 1(B)
Number of projects Marks awarded
1 (one) 15 (fifteen)
2 (two) 30 (thirty)
3 (three) or more 40 (forty)
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3 October, 2014 Request for Qualification
For the avoidance of doubt, if an Applicant has more than 3
(three) Eligible Projects under Category 1(B), the maximum
marks awarded under Clause 3.2.6 (a) (iii) shall be 40 (forty)
marks. The marks awarded for Eligible Projects under this
Clause 3.2.6(a)(iii) shall be designated as PD-3.
(iv) In case of a Consortium, the Project Development Score of each
of the Technical Members, who shall have an equity share set
forth in Clause 2.2.2 (B), shall be summed up for arriving at the
combined Project Development Score of the Consortium.
(v) For the avoidance of doubt, the maximum marks to be awarded
to any Applicant having Eligible Projects under Clauses
3.2.6(a)(i), 3.2.6(a)(ii), 3.2.6(a)(iii) shall not be more than 50
(fifty) marks.
Illustration:
1. An Applicant with 10 marks in PD-1, 25 marks in PD-2 and
20 marks in PD-3, would have a Project Development Score of
50.
2. An Applicant with 25 marks in PD-1, 0 marks in PD-2 and 30
marks in PD-3, would have a Project Development Score of 50.
(b) The Airport Operations Score shall be evaluated in the following
manner:
(i) Eligible Project under Category 2
Number of projects Marks awarded
1 (one) 10 (ten)
2 (two) 15 (fifteen)
3 (three) or more 20 (twenty)
For the avoidance of doubt, if an Applicant has more than 3
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3 October, 2014 Request for Qualification
(three) Eligible Projects under Category 2, the maximum marks
awarded under Clause 3.2.6(b)(i) shall be 20 (twenty) marks.
The marks awarded for Eligible Projects under this Clause
3.2.6(b)(i) shall be designated as AO-1.
(ii) Maximum Passenger Throughput of an Eligible Project under
Category 2 in a calendar year during Operation Period:
Mppa Marks awarded
Above 4 and less than 8 10 (ten)
Equal to and greater than 8 and
less than 12
15 (fifteen)
12 and above 20 (twenty)
For the avoidance of doubt, if an Applicant has a Passenger
Throughput of more than 12 (twelve) mppa in an Eligible
Project under Category 2, the maximum marks awarded under
Clause 3.2.6(b)(ii) shall be 20 (twenty) marks. The marks
awarded for Eligible Projects under this Clause 3.2.6(b)(ii) shall
be designated as AO-2.
(iii) Number of years of operations by an Applicant of an Eligible
Project under Category 2
Number of years Marks awarded
Above 3 and less than 5 5 (five)
Equal to and greater than 5 and
less than 8
7 (seven)
8 and above 10 (ten)
For the avoidance of doubt, if the number of years of operations
of an Applicant in an Eligible Project under Category 2 is more
than or equal to 8 (eight) years, the maximum marks awarded
under Clause 3.2.6(b)(iii) shall be 10 (ten) marks. The marks
awarded for Eligible Project under this Clause 3.2.6(b)(iii) shall
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3 October, 2014 Request for Qualification
be designated as AO-3.
(iv) MRO experience during the Operation Period
Type of checks offered Marks awarded
A checks 5 (five)
B/C checks 7 (seven)
D checks 10 (ten)
The marks awarded under this Clause 3.2.6(b)(iv) shall be
designated as AO-4.
In the event the Applicant or its Associate does not have MRO
experience on its own, the Applicant may provide a binding
agreement for a period of at least 5 years with a MRO operator
as part of its RFQ submission. The scoring for MRO experience
will be done on the basis of the experience of the MRO
operator. For the avoidance of doubt, the MRO operator need
not have equity participation or be a member of the Consortium
bidding for the project.
(v) In case of a Consortium, the Airport Operations Score of each of
its Members, who has an equity share set forth in Clause 2.2.2
(B), shall be summed up for arriving at the combined Airport
Operations Score of the Consortium.
(vi) For the avoidance of doubt, the maximum marks to be awarded
to any Applicant having Eligible Projects under Clauses
3.2.6(b)(i), 3.2.6(b)(ii), 3.2.6(b)(iii), 3.2.6(b)(iv) shall not be
more than 50 (fifty) marks.
Illustration:
1. An Applicant with 20 marks in AO-1, 20 marks in AO-2, 10
marks in AO-3, and 10 marks in AO-4 would have an
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3 October, 2014 Request for Qualification
Airport Operations Score of 50.
2. An Applicant with 20 marks in AO-1, 20 marks in AO-2, 10
marks in AO-3, and 5 marks in AO-4 would have an Airport
Operations Score of 50.
3.2.7 Experience for any activity relating to an Eligible Project shall not be
claimed by two or more Members and/or its Associate of a Consortium. In
other words, no double counting by a Consortium in respect of the same
experience shall be permitted in any manner whatsoever.
3.3 Details of Experience
3.3.1 The Applicants must provide the necessary information relating to
Technical Capacity as per format at Annex-II of Appendix-I.
3.3.2 The Applicant should furnish the required Project-specific information and
evidence in support of its claim of Technical Capacity, as per format at
Annex-IV of Appendix-I.
3.4 Financial information for purposes of evaluation
3.4.1 The Application must be accompanied by the Audited Annual Reports of the
Applicant (of each Member in case of a Consortium) for the last 5 (five)
financial years, preceding the date on which the Application is made.
3.4.2 In case the annual accounts for the latest financial year are not audited
and therefore the Applicant cannot make it available, the Applicant shall
give an undertaking to this effect and the statutory auditor shall certify the
same. In such a case, the Applicant shall provide the Audited Annual
Reports for 5 (five) years preceding the year for which the Audited Annual
Report is not being provided.
3.4.3 The Applicant must establish the minimum Net Worth specified in Clause
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3 October, 2014 Request for Qualification
2.2.2 (B), and provide details as per format at Annex-III of Appendix-I.
3.5 Qualification of Applicants
3.5.1 The credentials of eligible Applicants shall be measured in terms of their
Aggregate Experience Score as specified in Clause 3.2.6.
3.5.2 Applicants should have the following minimum scores for participation in the Bid
Stage:
(a) An Aggregate Experience Score of not less than 70 (seventy);
(b) A Project Development Score of not less than 25 (twenty five); and
(c) An Airport Operations Score of note less than 25 (twenty five)
Provided that if there are less than 6 (six) pre-qualified Applicants, the
Authority may lower the minimum Aggregate Experience Score to short-list
up to a maximum of 6 (six) pre-qualified Applicants.
Illustration:
1. An Applicant with 20 marks in Category 1 (Project Development) and
50 marks in Category 2 (Airport Operations) would have an Aggregate
Experience Score of 70. Irrespective of this Applicants rank, this
Applicant will not qualify as the Applicant does not meet the minimum
score requirement in Category 1 i.e. 25 marks.
2. An Applicant with 50 marks in Category 1 (Project Development) and
20 marks in Category 2 (Airport Operations) would have an Aggregate
Experience Score of 70. Irrespective of this Applicants rank, this
Applicant will not qualify as the Applicant does not meet the minimum
score requirement in Category 2 i.e. 25 marks.
3. An Applicant with 30 marks in Category 1 (Project Development) and
35 marks in Category 2 (Airport Operations) would have an Aggregate
Experience Score of 65. This Applicant will not qualify as the Applicant
does not meet the minimum Aggregate Experience score requirement
i.e. 70 marks. However, if the Applicant is ranked among the top six
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3 October, 2014 Request for Qualification
Applicants, the Applicant may be shortlisted.
4. An Applicant with 40 marks in Category 1 (Project Development) and
35 marks in Category 2 (Airport Operations) would have an Aggregate
Experience Score of 75. This Applicant will qualify for the Bid Stage.
3.5.3 In the event, there are less than 6 (six) pre-qualified bidders, and the
Authority lowers the minimum Aggregate Experience Score to allow it to
select up to a maximum of 6 (six) bidders, and there is a tie, then the
Applicant with the higher Airport Operations Score shall be shortlisted. If the
tie continues, the Applicant with the higher Project Development Score shall
be shortlisted. In the event the tie continues to subsist, all tied Applicants shall
be shortlisted.
3.5.4 Subject to clause 3.5.3, the Authority may, in its discretion, maintain a
reserve list of qualified Applicants who may be invited to substitute the
qualified Applicants in the event of their withdrawal from the Bid Process
or upon their failure to conform to the conditions specified herein; provided
that a substituted Applicant shall be given at least 30 (thirty) days to submit
its Bid.
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3 October, 2014 Request for Qualification
4. FRAUD AND CORRUPT PRACTICES
4.1 The Applicants and their respective officers, employees, agents and advisers
shall observe the highest standard of ethics during the Bidding Process.
Notwithstanding anything to the contrary contained herein, the Authority may
reject an Application without being liable in any manner whatsoever to the
Applicant if it determines that the Applicant has, directly or indirectly or
through an agent, engaged in corrupt practice, fraudulent practice, coercive
practice, undesirable practice or restrictive practice in the Bidding Process.
4.2 Without prejudice to the rights of the Authority under Clause 4.1
hereinabove, if an Applicant is found by the Authority to have directly or
indirectly or through an agent, engaged or indulged in any corrupt practice,
fraudulent practice, coercive practice, undesirable practice or restrictive
practice during the Bidding Process, such Applicant shall not be eligible to
participate in any tender or RFQ issued by the Authority during a period of
2 (two) years from the date such Applicant is found by the Authority to
have directly or indirectly or through an agent, engaged or indulged in any
corrupt practice, fraudulent practice, coercive practice, undesirable practice
or restrictive practice, as the case may be.
4.3 For the purposes of this Section 4, the following terms shall have the meaning
hereinafter respectively assigned to them:
(a) corrupt practice means (i) the offering, giving, receiving, or
soliciting, directly or indirectly, of anything of value to influence the
actions of any person connected with the Bidding Process (for
avoidance of doubt, offering of employment to, or employing, or
engaging in any manner whatsoever, directly or indirectly, any official
of the Authority who is or has been associated in any manner,
directly or indirectly, with the Bidding Process or the LOA or has
dealt with matters concerning the Concession Agreement or arising
therefrom, before or after the execution thereof, at any time prior to
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3 October, 2014 Request for Qualification
the expiry of one year from the date such official resigns or retires
from or otherwise ceases to be in the service of the Authority, shall be
deemed to constitute influencing the actions of a person connected
with the Bidding Process); or (ii) save and except as permitted under
sub-clause (d) of Clause 2.2.1, engaging in any manner whatsoever,
whether during the Bidding Process or after the issue of the LOA or
after the execution of the Concession Agreement, as the case may be,
any person in respect of any matter relating to the Project or the
LOA or the Concession Agreement, who at any time has been or is a
legal, financial or technical adviser of the Authority in relation to any
matter concerning the Project;
(b) fraudulent practice means a misrepresentation or omission of facts
or suppression of facts or disclosure of incomplete facts, in order to
influence the Bidding Process;
(c) coercive practice means impairing or harming or threatening to
impair or harm, directly or indirectly, any person or property to
influence any persons participation or action in the Bidding Process;
(d) undesirable practice means (i) establishing contact with any person
connected with or employed or engaged by the Authority with the
objective of canvassing, lobbying or in any manner influencing or
attempting to influence the Bidding Process; or (ii) having a Conflict
of Interest; and
(e) restrictive practice means forming a cartel or arriving at any
understanding or arrangement among Applicants with the objective of
restricting or manipulating a full and fair competition in the Bidding
Process.
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3 October, 2014 Request for Qualification
5. PRE-APPLICATION CONFERENCE
5.1 A Pre-Application conference of the interested parties shall be convened at the
designated date, time and place. Only those persons who have made the
payment towards the cost of RFQ process shall be allowed to participate in
the Pre-Application conference. A maximum of three representatives of each
Applicant shall be allowed to participate on production of authority letter
from the Applicant.
5.2 During the course of Pre-Application conference, the Applicants will be
free to seek clarifications and make suggestions for consideration of the
Authority. The Authority shall endeavour to provide clarifications and such
further information as it may, in its sole discretion, consider appropriate for
facilitating a fair, transparent and competitive Bidding Process.
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3 October, 2014 Request for Qualification
6. MISCELLANEOUS
6.1 The Bidding Process shall be governed by, and construed in accordance
with, the laws of India and the Courts at Panaji shall have exclusive
jurisdiction over all disputes arising under, pursuant to and/ or in connection
with the Bidding Process.
6.2 The Authority, in its sole discretion and without incurring any obligation or
liability, reserves the right, at any time, to;
(a) suspend and/ or cancel the Bidding Process and/ or amend and/ or
supplement the Bidding Process or modify the dates or other terms
and conditions relating thereto;
(b) consult with any Applicant in order to receive clarification or further
information;
(c) pre-qualify or not to pre- qualify any Applicant and/ or to consult
with any Applicant in order to receive clarification or further
information;
(d) retain any information and/ or evidence submitted to the Authority by,
on behalf of, and/ or in relation to any Applicant; and/ or
(e) independently verify, disqualify, reject and/ or accept any and all
submissions or other information and/ or evidence submitted by or on
behalf of any Applicant.
6.3 It shall be deemed that by submitting the Application, the Applicant 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 and the
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3 October, 2014 Request for Qualification
Bidding Documents, pursuant hereto, and/ or in connection with the Bidding
Process, to the fullest extent permitted by applicable law, and waives any and
all rights and/ or claims it may have in this respect, whether actual or
contingent, whether present or in future.
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3 October, 2014 Request for Qualification
APPENDICES
APPENDIX-I
Letter Comprising the Application for Qualification
(Refer Clause 2.13.2)
Dated:
To,
The Director,
Directorate of Civil Aviation,
Government of Goa,
Room No 19, Secretariat Building,
Alto Porvorim, Bardez, Goa.
Sub: Application for qualification for Development of Greenfield Airport on
Public Private Partnership Basis at Mopa in Goa
Dear Sir,
With reference to your RFQ document dated ..
1
, I/we, having
examined the RFQ 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 the Authority will be relying on the information
provided in the Application and the documents accompanying such
Application for qualification of the Applicants for the aforesaid project, and
we certify that all information provided in the Application and in Annexes I
to IV 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.
1
All blank spaces shall be suitably filled up by the Applicant to reflect the particulars relating to such Applicant.
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3 October, 2014 Request for Qualification
3. This statement is made for the express purpose of qualifying as a Bidder
for the development, construction, operation and maintenance of the
aforesaid Project.
4. I/We shall make available to the Authority any additional information it
may find necessary or require to supplement or authenticate the
Qualification statement.
5. I/We acknowledge the right of the Authority 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/ any of the Consortium
Members or our/ their Associates 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) I/We have examined and have no reservations to the RFQ document,
including any Addendum issued by the Authority;
(b) I/We do not have any conflict of interest in accordance with Clauses
2.2.1(c) and 2.2.1(d) of the RFQ document;
(c) I/We have not directly or indirectly or through an agent engaged or
indulged in any corrupt practice, fraudulent practice, coercive
practice, undesirable practice or restrictive practice, as defined in
Clause 4.3 of the RFQ document, in respect of any tender or request
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3 October, 2014 Request for Qualification
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
(d) I/We hereby certify that we have taken steps to ensure that in
conformity with the provisions of Section 4 of the RFQ document,
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, in accordance with Clause 2.17.6
of the RFQ document.
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 RFQ
document and are/ is qualified to submit a Bid.
10. I/We declare that we/ any Member of the Consortium, or our/ its
Associates are not a Member of a/ any other Consortium applying for
qualification.
11. I/We certify that in regard to matters other than security and integrity of the
country, we/any Member of the Consortium or any of our/ their
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.
12. I/We further certify that in regard to matters relating to security and
integrity of the country, we/any Member of the Consortium or any of our/
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3 October, 2014 Request for Qualification
their Associates have not been charge-sheeted by any agency of the
Government or convicted by a Court of Law.
13. I/We further certify that no investigation by a regulatory authority is
pending either against us/ any Member of the Consortium or against our/
their Associates or against our CEO or any of our directors/ managers/
employees.
14. I/ We further certify that we are qualified to submit a Bid in accordance
with the guidelines for qualification of bidders seeking to acquire stakes in
Public Sector Enterprises through the process of disinvestment issued by the
GOI vide Department of Disinvestment OM No. 6/4/2001-DD-II dated 13th
J uly, 2001 which guidelines apply mutatis mutandis to the Bidding
Process. A copy of the aforesaid guidelines form part of the RFQ at
Appendix-V thereof.
15. I/We further certify that we/ any Member of the Consortium or any of our/
their Associates are not barred by the Central Government or any entity
controlled by it, from participating in any project (BOT or otherwise), and
no bar subsists as on the date of Application.
16. I/ We undertake that in case due to any change in facts or circumstances
during the Bidding Process, we are attracted by the provisions of
disqualification in terms of the provisions of this RFQ, we shall intimate the
Authority of the same immediately.
17. The Statement of Legal Capacity as per format provided at Annex-V in
Appendix-I of the RFQ document, and duly signed, is enclosed. The power
of attorney for signing of application and the power of attorney for Lead
Member of consortium, as per format provided at Appendices II and III
respectively of the RFQ, are also enclosed.
18. I/We understand that the selected Bidder shall either be an existing
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3 October, 2014 Request for Qualification
Company incorporated under the Indian Companies Act, 1956, or the
Indian Companies Act, 2013 (as the case may be) or shall incorporate as
such prior to execution of the Concession Agreement.
19. I/ We hereby confirm that we are in compliance of/ shall comply with the
O&M requirements specified in Clause 2.2.2.
20. I/ We hereby irrevocably waive any right or remedy 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
Applicants, selection of the Bidder, or in connection with the selection/
Bidding Process itself, in respect of the above mentioned Project and the
terms and implementation thereof.
21. I/ We agree and undertake to abide by all the terms and conditions of the RFQ
document.
22. I/ We certify that in terms of the RFQ, my/our Networth is Rs.
.. (Rupees in words) and the Aggregate Experience Score is
.. (number in words).
23. 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 RFQ document.
Yours faithfully,
Date:
(Signature, name and designation of the Authorised Signatory)
Place: Name and seal of the Applicant/ Lead Member
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3 October, 2014 Request for Qualification
ANNEX-I
Details of Applicant
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:
2. Brief description of the Company including details of its main lines of
business and proposed role and responsibilities in this Project:
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 Authorised Signatory of the
Applicant:
(a) Name:
(b) Designation:
(c) Address:
(d) Phone Number:
(e) Fax Number:
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3 October, 2014 Request for Qualification
5. In case of a Consortium:
(a) The information above (1-4) should be provided for all the
Members of the Consortium.
(b) A copy of the J t. Bidding Agreement, as envisaged in Clause 2.2.5
(g) should be attached to the Application.
(c) Information regarding the role of each Member should be provided as
per table below:
Sl.
No.
Name of Member Role
{Refer
Clause
2.2.5
(d)}
Percentage of
equity in the
Consortium
{Refer Clauses 2.2.5 (a), (c)
& (g)}
1.
2.
3.
4.
(d) The following information shall also be provided for each
Member of the Consortium:
Name of Applicant/ Member of Consortium:
No. Criteria Yes No
1.
Has the Applicant/ constituent of the
Consortium been barred by the [Central/
State] Government, or any entity controlled
by it, from participating in any project (BOT
or otherwise)?
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3 October, 2014 Request for Qualification
2. If the answer to 1 is yes, does the bar
subsist as on the date of Application?
3. Has the Applicant/ constituent of the
Consortium paid liquidated damages of
more than 5% (five per cent) of the contract
value in a contract due to delay or has been
penalised due to any other reason in relation
to execution of a contract, in the last three
years?
6. A statement by the Applicant and each of the Members of its Consortium
(where applicable) or any of their Associates 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):
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3 October, 2014 Request for Qualification
Annex II: Technical Capacity of the Applicant
@
Project Development Score
(Refer to Clauses 2.2.2(A), 3.2 and 3.3 of the RFQ)
Eligible Project under Category 1(A) (Refer to Clause 3.2.6 (a) (i))
Applican
t name#
Member
Code$
Proje
ct
Code
Categ
ory
Name of the
Project/
COD^
PPP
Type
Greenfield/
Brownfield
Max Pax
throughput*
Equity
Shareholding
**
Eligible
Project
(Y/N)
A 1(A)
B 1(A)
C 1(A)
Score under Eligible Project under Category 1(A)
Maximum Incremental Passenger Throughput of an Eligible Project
under Category 1(A) (Refer to Clause 3.2.6 (a) (ii))
Applican
t name#
Member
Code$
Proje
ct
Code
Categ
ory
Name of the
Project/
COD^
PPP
Type
Greenfield/
Brownfield
Max Pax
throughput*
Equity
Shareholding
**
Eligible
Project
(Y/N)
D 1(A)
E 1(A)
F 1(A)
Score under Maximum Incremental Passenger Throughput of an Eligible Project under Category 1(A)
Eligible Project under Category 1(B) (Refer to Clause 3.2.6 (a) (iii))
Applican
t name#
Member
Code$
Project
Code
Cate
gory
Name of the
Project/
COD^
PPP
Type
Core
Sector
Incremental
Capital Cost/
Real Estate
Area***
Equity
Shareholding
****
Eligible
Project
(Y/N)
G 1(B)
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3 October, 2014 Request for Qualification
H 1(B)
I 1(B)
Score under Eligible Project under Category 1(B)
Project Development score (Maximum score: 50)
* - For greenfield airport, provide maximum passenger throughtput of 1 calendar year in the last 3 calendar years
starting from 1 J anuary 2011. For brownfield airport, provide incremental passenger throughput starting from 1
J anuary 1999. Refer Clause 3.2.3
** -For greenfield project, minimum equity holding of Applicant in the project from the date of signing of the
concession agreement till commercial operation date of the project. For brownfield projects, minimum equity
holding, from 1 J anuary 2004 to 31 December 2013, or a period of three consecutive years which includes and is
contiguous with the commercial operation date of such project which has resulted in not less than 20% increase in
the design peak hour passenger capacity (PHP) of the airport. Refer Clause 3.2.3(a)
*** - Refer Clause 3.2.3 (b).
For incremental capital cost - In no case shall the cost of land be included while computing the Experience Score of
an Eligible Project. For conversion of US Dollars to Rupees, the rate of conversion shall be Rupees 60 (Sixty) to a
US Dollar. In case of any other currency, the same shall first be converted to US Dollars as on the date 60 (sixty)
days prior to the Application Due Date, and the amount so derived in US Dollars shall be converted into
Rupees at the aforesaid rate. The conversion rate of such currencies shall be the daily representative
exchange rates published by the International Monetary Fund for the relevant date. Applicable factor for
OECD countries should be applied
**** - Minimum equity holding of the Applicant in the company owning the Eligible Project during the period for
which the experience is being considered
@ Provide details of only those projects that have been undertaken by the Applicant under its own name and/ or
by an Associate specified in Clause 2.2.8.
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3 October, 2014 Request for Qualification
# Applicant name shall indicate name of the Single entity Applicant/ Consortium Member whose experience is
being claimed in that row of data. In case credit is claimed for an Associate, necessary evidence to establish
the relationship of the Applicant with such Associate, in terms of Clause 2.2.8, shall be provided.
$Member Code shall indicate NA for Not Applicable in case of a single entity Applicant. For other Members, the
following abbreviations are suggested viz. LM means Lead Member, TM means Technical Member, FM means
Financial Member, OMM means Operations Member, OM means Other Member.
^- Commercial operation date of the project for Greenfield airports.
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3 October, 2014 Request for Qualification
Airport Operations Score@
(Refer to Clauses 2.2.2(A), 3.2 and 3.3 of the RFQ)
Eligible Project under Category 2 (Refer to Clause 3.2.6 (b) (i))
Applica
nt name
Memb
er
Code
Projec
t Code
Catego
ry
Name of
the
Project
Passenger
Throughput
*
ASQ/S
kytrax
Ranki
ng**
Operation
Period***
Equity
Shareholding/
Agreement ****
Eligible
Project
(Y/N)
A 2
B 2
C 2
Score under Eligible Project under Category 2
Maximum Passenger Throughput of an Eligible Project under Category 2 (Refer to Clause 3.2.6 (b) (ii))
Applica
nt
name#
Memb
er
Code$
Projec
t Code
Catego
ry
Name of
the
Project
Max
Passenger
Throughput
^
ASQ/S
kytrax
Ranki
ng **
Operation
Period***
Equity
Shareholding/
Agreement ****
Eligible
Project
(Y/N)
D 2
E 2
F 2
Score under Maximum Passenger Throughput of an Eligible Project under Category 2
Number of years of operations by an Applicant of Eligible Project under Category 2 (Refer to Clause 3.2.6 (b) (iii))
Applica
nt name
Memb
er
Code
Projec
t Code
Catego
ry
Name of
the
Project
Passenger
Throughput
*
ASQ/S
kytrax
Ranki
Operation
Period ^^
Equity
Shareholding/
Agreement ****
Eligible
Project
(Y/N)
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3 October, 2014 Request for Qualification
ng**
G 2
H 2
I 2
Score under Number of years of operations by an Applicant of Eligible Project under Category 2
MRO Experience (Refer to Clause 3.2.6 (b) (iv))
Applicant name
#
Member Code
$
Operation Period A/B/C/D Check
##
Eligible Project (Y/N)
Score under MRO Experience of an Applicant under Category 2
Airport operations score (Maximum score: 50)
* - Passenger Throughput in the last 5 calendar years starting from 1 J anuary 2009
** -as per clause 3.2.4 (a)(ii)
*** - Start date of operations
**** 1 if the Applicant satisfies criteria 3.2.4 (b)(i),2 if the Applicant satisfies criteria 3.2.4 (b)(ii), 3 if the Applicant
satisfies criteria 3.2.4 (b)(iii) and 4 if 1 if the Applicant satisfies criteria 3.2.4 (b)(iv)
^- Maximum Passenger Throughput of an Eligible Project.
^^- Number of years of operations by an Applicant of Eligible Project
@ Provide details of only those projects that have been undertaken by the Applicant under its own name and/ or
by an Associate specified in Clause 2.2.8.
# Applicant name shall indicate name of the Single entity Applicant/ Consortium Member whose experience is
being claimed in that row of data. In case credit is claimed for an Associate, necessary evidence to establish
the relationship of the Applicant with such Associate, in terms of Clause 2.2.8, shall be provided.
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3 October, 2014 Request for Qualification
$ Member Code shall indicate NA for Not Applicable in case of a single entity Applicant. For other Members, the
following abbreviations are suggested viz. LM means Lead Member, TM means Technical Member, FM means
Financial Member, OMM means Operations Member, OM means Other Member.
##The Applicant is required to furnish copies of OEM certifications certifying their ability to perform A/B/C/D
checks and copies of regulatory certifications such as EASA Part 145 / FAR Part 145 / TCCA CAR 573 / EASA
Part-M (CAMO) etc. for operating an MRO facility.
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3 October, 2014 Request for Qualification
ANNEX-III
Financial Capacity of the Applicant
(Refer to Clauses 2.2.2 (B) and 3.4 of the RFQ)
(In Rs. crore
$$
)
Applicant type
$
(1)
Member Code
(2)
Net Worth
(3)
Single entity
Applicant
Consortium
Member 1
Consortium
Member 2
Consortium
Member 3
Consortium
Member 4
TOTAL
Name & address of Applicants Bankers:
$
An Applicant consisting of a single entity should fill in details as per the
row titled Single entity Applicant and ignore the rows titled Consortium
Members. In case of a Consortium, row titled Single entity Applicant may be
ignored.
Member Code shall indicate NA for Not Applicable in case of a single entity
Applicant. For other Members, the following abbreviations are suggested
viz. LM means Lead Member, TM means Technical Member, FM means
Financial Member, OMM means Operation & Maintenance Member, OM
means Other Member.
The Applicant should provide details of its own Financial Capacity or of an
Associate specified in Clause 2.2.8.
$$
For conversion of other currencies into rupees, see note below Annex-II of
Appendix-I.
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3 October, 2014 Request for Qualification
Instructions:
1. The Applicant/ its constituent Consortium Members shall attach copies of
the balance sheets, financial statements and Annual Reports for 5 (five)
years preceding the Application Due Date. The financial statements shall:
(a) reflect the financial situation of the Applicant or Consortium
Members and its/their Associates where the Applicant is relying on
its Associates financials;
(b) be audited by a statutory auditor;
(c) be complete, including all notes to the financial statements; and
(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 Application Due Date falls within 3 (three) months of the close of the
latest financial year, refer to Clause 2.2.12.
4. In the case of a Consortium, a copy of the J t. Bidding Agreement shall be
submitted in accordance with Clause 2.2.5(g) of the RFQ document.
5. The applicant shall also provide the name and address of the Bankers to the
Applicant.
6. The Applicant shall provide an Auditors Certificate specifying the net
worth of the Applicant and also specifying the methodology adopted for
calculating such net worth in accordance with Clause 2.2.3(ii) of the RFQ
document.
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3 October, 2014 Request for Qualification
ANNEX-IV
Details of Eligible Projects
(Refer to Clauses 2.2.2 (A), 3.2 and 3.3 of the RFQ)
A. For projects under Category 1(A): Development experience in Eligible
Projects in airports sector (greenfield or brownfield) in India or abroad:
Refer to format in the excel workbook as part of the RFQ.
Certificate from the Statutory Auditor regarding Category 1(A) projects
Based on its books of accounts and other published information authenticated by it,
this is to certify that .. (name of the
Applicant/Member/Associate) is/ was an equity shareholder in ..
(title of the project company).
The project is a PPP project on BOT/ BOLT/ BOO/ BOOT/ . (other
similar basis) for providing its output or services to ., a public sector entity/
for providing non-discriminatory access to users in pursuance of its charter,
concession or contract.
The project has been undertaken for development of a . (green-field/
brown-field) international airport, as defined under Clause 3.2.3 (a) (ii) in the RFQ.
We further certify that the passenger throughput, as defined under Clause 3.2.3 of
RFQ, at the airport is as shown below,
1 J an 1999 to 31
Dec 1999
Please add
columns for all
intermediate
years
1 J an 2013 to 31
Dec 2013
Domestic pax
Provide Certificate as per this format only. Attach Explanatory Notes to the Certificate, if necessary. Statutory
auditor means the entity that audits and certifies the annual accounts of the company.
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3 October, 2014 Request for Qualification
International pax
Transit pax
Total pax
{We further certify that the Applicant/ Member/ Associate has continuously held,
in the company owning the Eligible Project, ..% equity from the date of
signing of the concession agreement till commercial operation date of the project.
The commercial operation date of the project was .}
1
{We further certify that the Applicant/ Member/ Associate has continuously held,
in the company owning the Eligible Project, ..% equity from 1 J anuary 1999
to 31 December 2013.}
2
{We further certify that the Applicant/ Member/ Associate has continuously held,
in the company owning the Eligible Project, ..% equity for a period of three
consecutive years which includes and is contiguous with the commercial operation
date of such project which has resulted in not less than 20% increase in passenger
design peak hour passenger capacity.
The design peak hour passenger capacity of the airport was
1 J an 1999 to 31
Dec 1999
Please add columns for
all intermediate years
1 J an 2013
to 31 Dec
2013
Design Peak hour
Passenger capacity
}
3
The details of the minimum equity shareholding of the Applicant/ Member/
Associate are as follows:
1 J an 1999 to 31
Dec 1999
Please add columns for
all intermediate years
1 J an
2013 to
31 Dec
2013
Minimum equity
shareholding of the
Applicant/ Member/
Associate in the entity
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3 October, 2014 Request for Qualification
owning the project
Name of the audit firm:
Seal of the audit firm: (Signature, name and designation of the authorised
signatory)
Date:
Notes:
1. For greenfield airport projects
2. For brownfield airports if the experience is being claimed as per Clause 3.2.3
(a) (iv)(II)(A)
3. For brownfield airports if the experience is being claimed as per Clause 3.2.3
(a) (iv)(II)(B)
B. For Projects under Category 1(B): Development experience in Eligible
Projects in Core Sectors in India or abroad
Refer to format in the excel workbook as part of the RFQ.
Certificate from the Statutory Auditor regarding Category 1(B) projects
Based on its books of accounts and other published information authenticated by it,
this is to certify that .. (name of the
Applicant/Member/Associate) is/ was an equity shareholder in ..
(title of the project company).
{The project is a PPP project on BOT/ BOLT/ BOO/ BOOT/ . (other
Provide Certificate as per this format only. Attach Explanatory Notes to the Certificate, if necessary. Statutory
auditor means the entity that audits and certifies the annual accounts of the company.
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3 October, 2014 Request for Qualification
similar basis) for providing its output or services to ., a public sector entity/
for providing non-discriminatory access to users in pursuance of its charter,
concession or contract.
The project has been undertaken for development in airports/ ports/ highways/
expressways/ railways (including metro rail sectors), and power.
We further certify that the capital expenditure incurred on the project (excluding
the cost of land) is as shown below,
1 J an
2004
to 31
Dec
2004
1 J an
2005
to 31
Dec
2005
1 J an
2006
to 31
Dec
2006
1 J an
2007
to 31
Dec
2007
1 J an
2008
to 31
Dec
2008
1 J an
2009
to 31
Dec
2009
1 J an
2010
to 31
Dec
2010
1 J an
2011
to 31
Dec
2011
1 J an
2012
to 31
Dec
2012
1 J an
2013
to 31
Dec
2013
Capital
Expenditure
(Local
Currency)
Capital
Expenditure
(in Rs
crore)#
We further certify that the Applicant/ Member/ Associate has continuously held, in
the company owning the Eligible Project, ..% equity from 1 J anuary 2004 to
31 December 2013. }
1
{The project is a .real estate commercial/
real estate residential/ information technology (IT) park undertaken at a single site.
The built up area of the project is as shown below,
1 J an
2004
to 31
Dec
2004
1 J an
2005
to 31
Dec
2005
1 J an
2006
to 31
Dec
2006
1 J an
2007
to 31
Dec
2007
1 J an
2008
to 31
Dec
2008
1 J an
2009
to 31
Dec
2009
1 J an
2010
to 31
Dec
2010
1 J an
2011
to 31
Dec
2011
1 J an
2012
to 31
Dec
2012
1 J an
2013
to 31
Dec
2013
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3 October, 2014 Request for Qualification
Built-
up area
(sqm)
We further certify that the Applicant/ Member/ Associate has continuously held, in
the company owning the Eligible Project, ..% equity for a period of three
consecutive years which includes and is contiguous with the expansion/
development of the built-up area as specified above.}
2
The details of the minimum equity shareholding of the
Applicant/Member/Associate are as follows:
1
J an
2004
to 31
Dec
2004
1
J an
2005
to 31
Dec
2005
1
J an
2006
to 31
Dec
2006
1
J an
2007
to 31
Dec
2007
1
J an
2008
to 31
Dec
2008
1
J an
2009
to 31
Dec
2009
1
J an
2010
to 31
Dec
2010
1
J an
2011
to 31
Dec
2011
1
J an
2012
to 31
Dec
2012
1
J an
2013
to 31
Dec
2013
Minimum
equity
shareholding
of the
Applicant/
Member/
Associate in
the entity
owning the
project
Name of the audit
firm:
Seal of the audit firm: (Signature, name and designation of the
authorised signatory)
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3 October, 2014 Request for Qualification
Date:
Notes:
#Refer to Clause 3.2.3 (b)(i)(II) and foot note under Annex-II of Appendix-I for
conversion to Rs crore.
1. For Eligible Projects being claimed under Clause 3.2.3 (b) (i)
2. For Eligible Projects being claimed under Clause 3.2.3 (b) (ii)
C. For Projects under Category 2: Project experience of operating Eligible
Projects in airports sector that qualify under Clause 3.2.4
Refer to format in the excel workbook as part of the RFQ.
Certificate from the Statutory Auditor regarding Category 2 projects
Based on its books of accounts and other published information authenticated by it,
this is to certify that .. (name of the
Applicant/Member/Associate) is/ was an equity shareholder in ..
(title of the airport/ entity that the airport has been leased to; / entity operating the
airport on contract from the airport owner/ developer/ lessor; / entity designated as
the operator of the airport).
{We further certify that the .(entity designated as the operator of the airport)
has been awarded the contract to operator the airport from .. to . The
contract was executed on . and has not been terminated as on 31 December
2013. }
We further certify that the Applicant/ Member/ Associate has continuously held the
following minimum equity shareholding during the calendar years from 1 J an 2008
to 31 December 2013:
Provide Certificate as per this format only. Attach Explanatory Notes to the Certificate, if necessary. Statutory
auditor means the entity that audits and certifies the annual accounts of the company.
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3 October, 2014 Request for Qualification
1 J an
2009 to 31
Dec 2009
1 J an 2010
to 31 Dec
2010
1 J an
2011 to
31 Dec
2011
1 J an 2012
to 31 Dec
2012
1 J an 2013
to 31 Dec
2013
Minimum equity
shareholding of
the Applicant/
Member/
Associate in the
entity owning
the airport
Minimum equity
shareholding of
the Applicant/
Member/
Associate in the
entity that the
airport has been
leased to
Minimum equity
shareholding of
the Applicant/
Member/
Associate in the
entity operating
the airport on
contract from
the airport
owner/
developer/
lessor
Minimum equity
shareholding of
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3 October, 2014 Request for Qualification
the Applicant/
Member/
Associate in the
entity
designated as
operator of the
airport
We further certify that the airport had a total passenger throughput of 4 mppa or
more in at least 1 calendar year in the last 3 calendar years since 1 J anuary 2011
and an ASQ or Skytrax ranking in the first 100 (hundred) (i.e. in between 1 to 100)
in at least 2(two) calendar years during the Operation Period.
We further certify that the passenger throughput at the airport and the ASQ /
Skytrax rating for the airport is as shown below,
1 J an 2009
to 31 Dec
2009
1 J an 2010
to 31 Dec
2010
1 J an 2011
to 31 Dec
2011
1 J an 2012
to 31 Dec
2012
1 J an
2013 to
31 Dec
2013
Domestic pax
International
pax
Transit pax
Total pax
ASQ Ranking
Skytrax
Ranking
Name of the audit
firm:
Seal of the audit firm:(Signature, name and designation of the authorised
signatory)
Date:
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3 October, 2014 Request for Qualification
Instructions:
1. Applicants are expected to provide information in respect of each Eligible
Project in this Annex. The projects cited must comply with the eligibility
criteria specified in Section 3.2 of the RFQ. Information provided in this
section is intended to serve as a back up for information provided in the
Application. Applicants should also refer to the Instructions below.
2. A separate sheet should be filled for each Eligible Project.
3. Member Code shall indicate NA for Not Applicable in case of a single entity
Applicant. For other Members, the following abbreviations are suggested viz.
LM means Lead Member, TM means Technical Member, FM means
Financial Member, OMM means Operation & Maintenance Member; and
OM means Other Member. In case the Eligible Project relates to an Associate
of the Applicant or its Member, write Associate along with Member Code.
4. Refer to Clause 3.2.1 of the RFQ for category number.
5. Experience for any activity relating to an Eligible Project shall not be
claimed by two or more Members of the Consortium. In other words, no
double counting by a consortium in respect of the same experience shall be
permitted in any manner whatsoever.
6. Certificate from the Applicants statutory auditor or its respective clients
must be furnished as per formats for each Eligible Project. In jurisdictions that
do not have statutory auditors, the auditors who audit the annual accounts of
the Applicant/ Member/ Associate may provide the requisite certification.
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3 October, 2014 Request for Qualification
7. In the event that credit is being taken for the Eligible Experience of an
Associate, as defined in Clause 2.2.8, the Applicant should also provide a certificate in
the format below:
Certificate from Statutory Auditor/ Company Secretary regarding
Associate
$
Based on the authenticated record of the company, this is to certify that more
than 50% (fifty per cent) of the subscribed and paid up voting equity of
(name of the Applicant/
Consortium Member/ Associate) is held, directly or indirectly , by
.. (name of Associate/ Applicant/ Consortium Member). By
virtue of the aforesaid share-holding, the latter exercises control over the
former, who is an Associate in terms of Clause 2.2.8 of the RFQ.
A brief description of the said equity held, directly or indirectly, is
given below:
{Describe the share-holding of the Applicant/ Consortium Member and the
Associate. In the event the Associate is under common control with the
Applicant/ Consortium Member, the relationship may be suitably described
and similarly certified herein.}
Name of the audit firm:
Seal of the audit firm: (Signature, name and designation of the
authorised signatory).
Date:
15. It may be noted that in the absence of any detail in the above certificates, the
information would be considered inadequate and could lead to exclusion of
the relevant project in computation of Aggregate Experience Score.
$
In the event that the Applicant/ Consortium Member exercises control over
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3 October, 2014 Request for Qualification
an Associate by operation of law, this certificate may be suitably modified
and copies of the relevant law may be enclosed and referred to.
In the case of indirect share-holding, the intervening companies in the
chain of ownership should also be Associates i.e., the share-holding in
each such company should be more than 50% (fifty per cent) in order
to establish that the chain of control is not broken.
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3 October, 2014 Request for Qualification
ANNEX-V
Statement of Legal Capacity
(To be forwarded on the letterhead of the Applicant/Lead Member of Consortium)
Ref. Date:
To,
The Director,
Directorate of Civil Aviation,
Government of Goa,
RoomNo. 19, Secretariat Building,
Alto Porvorim, Bardez, Goa
Dear Sir,
We hereby confirm that we/ our members in the Consortium (constitution of
which has been described in the application) satisfy the terms and conditions laid
out in the RFQ document.
We have agreed that (insert members name) will act as the
Lead Member of our consortium.*
We have agreed that .. (insert individuals 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 RFQ. 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.
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3 October, 2014 Request for Qualification
APPENDIX-II
Power of Attorney for signing of Application
(Refer Clause 2.2.5)
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 qualification and
submission of our bid for the Development of the Greenfield Airport on Public
Private Partnership Basis at Mopa in Goa proposed by the Directorate of Civil
Aviation, Government of Goa (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
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3 October, 2014 Request for Qualification
PRINCIPAL HAVE EXECUTED THIS POWER OF ATTORNEY ON THIS
DAY OF ., 20......
For
(Signature, name, designation and address)
Witnesses:
1.
2.
(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.
For a Power of Attorney executed and issued overseas, the document
will also have
to be legalised by the Indian Embassy and notarised in the
jurisdiction where the Power of Attorney is being issued. However, the
Power of Attorney provided by Applicants from countries that have signed
the Hague Legislation Convention, 1961 are not required to be legalised
by the Indian Embassy if it carries a conforming Appostille certificate.
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3 October, 2014 Request for Qualification
APPENDIX-III
Power of Attorney for Lead Member of Consortium
(Refer Clause 2.2.5)
Whereas the Directorate of Civil Aviation, Government of Goa (the Authority)
has invited applications from interested parties for the Development of the
Greenfield Airport on Public Private Partnership Basis at Mopa in Goa (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 Request for Qualification document (RFQ), Request for
Proposal (RFP) 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 Consortiums 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
M/s. 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
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3 October, 2014 Request for Qualification
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 qualification of the Consortium and submission of its bid for the
Project, including but not limited to signing and submission of all applications,
bids and other documents and writings, 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 Consortiums 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.
IN WITNESS WHEREOF WE THE PRINCIPALS ABOVE NAMED HAVE
EXECUTED THIS POWER OF ATTORNEY ON THIS .
DAY OF ., 20.....
For
..
(Signature)
..
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3 October, 2014 Request for Qualification
(Name & Title)
For
..
(Signature)
..
(Name & Title)
For
..
(Signature)
..
(Name & Title)
Witnesses:
1.
2.
(Executants)
(To be executed by all the Members of the Consortium)
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.
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3 October, 2014 Request for Qualification
Also, 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.
For a Power of Attorney executed and issued overseas, the document
will also have
to be legalised by the Indian Embassy and notarised in the
jurisdiction where the Power of Attorney is being issued. However, the
Power of Attorney provided by Applicants from countries that have signed
the Hague Legislation Convention, 1961 are not required to be legalised
by the Indian Embassy if it carries a conforming Appostille certificate.
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APPENDIX-IV
Joint Bidding Agreement for the Consortium
(Refer Clause 2.13.2)
(To be executed on Stamp paper of appropriate value)
THIS J OINT BIDDING AGREEMENT is entered into on this the day
of , 20....
AMONGST
1. { Limited, a company incorporated under the Companies Act, 1956
or the Companies Act, 2013, as the case may be
A Bidder who is registered abroad may substitute the words,viz a company registered under the Companies Act,
1956 by the words,viz a company duly organised and validly existing under the laws of the jurisdiction of its
incorporation.
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office at (hereinafter referred to as the Third Part which
expression shall, unless repugnant to the context include its successors and
permitted assigns)}
AND
4. { Limited, a company incorporated under the Companies Act, 1956
or the Companies Act, 2013, as the case may be} and having its registered
office at (hereinafter referred to as the Fourth Part which
expression shall, unless repugnant to the context include its successors and
permitted assigns)}
1
The above mentioned parties of the FIRST, SECOND, {THIRD and
FOURTH} PART
are collectively referred to as the Parties and each is individually
referred to as a
Party
WHEREAS
(A) The Directorate of Civil Aviation, Government of Goa and having its
principal offices at [] (hereinafter referred to as the Authority which
expression shall, unless repugnant to the context or meaning thereof,
include its administrators, successors and assigns) has invited applications
(the Applications) by its Request for Qualification No. dated
(the RFQ) for qualification of bidders development, operation
and management of a greenfield airport at Mopa, Goa (the Project)
through public private partnership.
1 The number of Parties will be shown here, as applicable, subject however to a maximumof 4 (four ).
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(B) The Parties are interested in jointly bidding for the Project as members of a
Consortium and in accordance with the terms and conditions of the RFQ
document and other bid documents in respect of the Project, and
(C) It is a necessary condition under the RFQ document that the members of the
Consortium shall enter into a Joint Bidding Agreement and furnish a copy
thereof with the Application.
NOW IT IS HEREBY AGREED as follows:
1. Definitions and Interpretations
In this Agreement, the capitalised terms shall, unless the context otherwise
requires, have the meaning ascribed thereto under the RFQ.
2. Consortium
2.1 The Parties do hereby irrevocably constitute a consortium (the
Consortium) for the purposes of jointly participating in the Bidding
Process for the Project.
2.2 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 this 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 selected Bidder and awarded the Project, it shall incorporate a special
purpose vehicle (the SPV) under the Indian Companies Act, 2013 for
entering into a Concession Agreement with the Authority and for
performing all its obligations as the Concessionaire in terms of the
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Concession Agreement for the Project.
4. Role of the Parties
The Parties hereby undertake to perform the roles and responsibilities as
described below:
(a) Party of the First Part shall be the Lead Member
2
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;}
{(c) Party of the Third Part shall be the Operations & Maintenance
Member of the Consortium; and}
{(d) Party of the Fourth Part shall be the Other 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 and in accordance with
the terms of the RFQ, RFP and the Concession Agreement, till such time
as the Financial Close for the Project is achieved under and in accordance
with the Concession Agreement.
2
If Lead Member is also the Financial Member.
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6. Shareholding in the SPV
6.1 The Parties agree that the proportion of shareholding among the Parties in
the SPV shall be as follows:
First Party:
Second Party:
{Third Party:}
{Fourth Party:}
6.2 The Parties undertake that a minimum of 26% (twenty six per cent) of the
subscribed and paid up equity share capital of the SPV shall, at all times till
the seventh anniversary of the date of commercial operation of the
Project, be held by the Parties of the First and Second} Part whose
experience and networth have been reckoned for the purposes of
qualification of Applicants for the Project in terms of the RFQ.
6.3 The Parties undertake that the O&M Member shall subscribe and hold at
least 10% (ten per cent) of the subscribed and paid up equity shares in the
SPV in terms of the Concession Agreement.
6.4 The Parties undertake that each of the Parties specified in Clauses 6.2
and 6.3 above shall, at all times between the commercial operation date of
the Project and the seventh anniversary thereof, hold subscribed and paid
up equity share capital of SPV equivalent to at least [5% (five per cent)
of the Project Cost].
6.5 The Parties undertake that they shall collectively hold at least 51% (fifty
one per cent) of the subscribed and paid up equity share capital of the SPV
at all times until the seventh anniversary of the commercial operation date
of the Project.
6.5 The Parties undertake that they shall comply with all equity lock-in
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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 good 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
Consortium Member 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 and articles of association, by-laws
or other applicable organisational documents thereof;
(iv) violate any clearance, permit, concession, grant, license 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
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applicable to such Party; or
(v) create or impose any liens, mortgages, pledges, claims, security
interests, charges or Encumbrances or obligations to create a
lien, charge, pledge, security interest, encumbrances or
mortgage in or on the property of such Party, except for
encumbrances that would not, individually or in the aggregate,
have a material adverse effect on the financial condition or
prospects or business of such Party so as to prevent such Party
from fulfilling its obligations under this Agreement;
(c) this Agreement is the legal and binding obligation of such Party,
enforceable in accordance with its terms against it; and
(d) there is no litigation pending or, to the best of such Partys
knowledge, threatened to which it or any of its Affiliates is a party
that presently affects or which would have a material adverse effect
on the financial condition or prospects or business of such Party in
the fulfillment of its obligations under this Agreement.
8. Termination
This Agreement shall be effective from the date hereof and shall continue
in full force and effect until the Financial Close of the Project is achieved
under and in accordance with the Concession Agreement, in case the
Project is awarded to the Consortium. However, in case the Consortium
is either not qualified for the Project or does not get selected for award of
the Project, the Agreement will stand terminated in case the Applicant is
not qualified or upon return of the Bid Security by the Authority to the
Bidder, as the case may be.
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9. Miscellaneous
9.1 This J oint Bidding Agreement shall be governed by laws of {India}.
9.2 The Parties acknowledge and accept that this Agreement shall not be
amended by the Parties without the prior written consent of the Authority.
IN WITNESS WHEREOF THE PARTIES ABOVE NAMED HAVE EXECUTED
AND DELIVERED THIS AGREEMENT AS OF THE DATE FIRST ABOVE
WRITTEN.
SIGNED, SEALED AND DELIVERED SIGNED, SEALED AND
DELIVERED
For and on behalf of For and on behalf of
LEAD MEMBER by: SECOND PART by:
(Signature) (Signature)
(Name) (Name)
(Designation)
(Designation)
(Address) (Address)
SIGNED, SEALED AND DELIVERED SIGNED, SEALED AND
DELIVERED
For and on behalf of For and on behalf of
THIRD PART by: FOURTH PART by:
(Signature) (Signature)
(Name) (Name)
(Designation) (Designation)
(Address) (Address)
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In the presence of:
1. 2.
Notes:
1. The mode of the 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
Consortium Member.
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.
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APPENDIX-V
Guidelines of the Department of Disinvestment
(Refer Clause 1.2.1)
No. 6/4/2001-DD-II
Government of India
Department of Disinvestment
Block 14, CGO Complex
New Delhi.
Dated 13
th
J uly, 2001.
OFFICE
MEMORANDUM
Sub: Guidelines for qualification of Bidders seeking to acquire stakes in Public
Sector Enterprises through the process of disinvestment
Government has examined the issue of framing comprehensive and transparent
guidelines defining the criteria for bidders interested in PSE-disinvestment so that
the parties selected through competitive bidding could inspire public confidence.
Earlier, criteria like net worth, experience etc. used to be prescribed. Based on
experience and in consultation with concerned departments, Government has
decided to prescribe the following additional criteria for the qualification/
disqualification of the parties seeking to acquire stakes in public sector enterprises
through disinvestment:
(a) In regard to matters other than the security and integrity of the country,
any conviction by a Court of Law or indictment/ adverse order by a
regulatory authority that casts a doubt on the ability of the bidder to
manage the public sector unit when it is disinvested, or which relates to a
grave offence would constitute disqualification. Grave offence is defined
to be of such a nature that it outrages the moral sense of the community.
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The decision in regard to the nature of the offence would be taken on
case to case basis after considering the facts of the case and relevant legal
principles, by the Government of India.
(b) In regard to matters relating to the security and integrity of the country, any
charge- sheet by an agency of the Government/ conviction by a Court of
Law for an offence committed by the bidding party or by any sister concern
of the bidding party would result in disqualification. The decision in regard
to the relationship between the sister concerns would be taken, based on the
relevant facts and after examining whether the two concerns are
substantially controlled by the same person/ persons.
(c) In both (a) and (b), disqualification shall continue for a period that
Government deems appropriate.
(d) Any entity, which is disqualified from participating in the disinvestment
process, would not be allowed to remain associated with it or get
associated merely because it has preferred an appeal against the order
based on which it has been disqualified. The mere pendency of appeal will
have no effect on the disqualification.
(e) The disqualification criteria would come into effect immediately and
would apply to all bidders for various disinvestment transactions, which
have not been completed as yet.
(f) Before disqualifying a concern, a Show Cause Notice why it should not be
disqualified would be issued to it and it would be given an opportunity to
explain its position.
(g) Henceforth, these criteria will be prescribed in the advertisements seeking
Expression of Interest (EOI) from the interested parties. The interested
parties would be required to provide the information on the above criteria,
along with their Expressions of Interest (EOI). The bidders shall be
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required to provide with their EOI an undertaking to the effect that no
investigation by a regulatory authority is pending against them. In case any
investigation is pending against the concern or its sister concern or against
its CEO or any of its Directors/ Managers/ employees, full details of such
investigation including the name of the investigating agency, the charge/
offence for which the investigation has been launched, name and
designation of persons against whom the investigation has been launched
and other relevant information should be disclosed, to the satisfaction of
the Government. For other criteria also, a similar undertaking shall be
obtained along with EOI.
sd/-
(A.K. Tewari)
Under Secretary to the Government of India
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APPENDIX VI
Details of e-Tendering Process
Online Tender Submission Schedule
1. The last date of online application is 25 Days from the issue of RFQ upto
17.00 hrs.
2. The last date of online submission of tender is 70 Days from the issue of
RFQ upto 17.00 hrs.
3. The date & time of opening of online tender is on 71 Days from the issue of
RFQ after 15.30 hrs in the office of the Director of Civil Aviation.
The online application should accompany the following documents (Scan and
Upload on the e-Tender website):
a. Attested copy of valid Registration Certificate.
b. Attested copy of PAN Card
c. Mode of Payment towards Cost of the Tender Document, EMD & Tender
Processing Fee: To be paid online through e-payment mode via
NEFT/RTGS/OTC/debit card/credit card facility/net banking with pre-
printed challans available on e-tendering website and directly credit the
amount to ITG account as generated by challans for NEFT/RTGS/OTC.
Instructions:
1. The bid document other necessary documents can be seen and downloaded
from website www.tenderwizard.com/GOA
2. Those bidders not registered on the website mentioned above, are required to
get registered beforehand. If needed they can be imparted training on online
bidding process as per details available on the website.
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3. The intending bidder must have / obtain a valid Class-III digital signature to
submit the bid.
4. On opening date, the contractor can login and see the bid opening process.
After opening of bids he will receive the competitor bid sheets.
5. The tenderer shall be responsible for the correctness and genuine of the
documents uploaded during tender submission. Any discrepancies in the
matter will be liable for rejection and suitable action.
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APPENDIX-VII
Information Memorandum
Mopa is located in North Goa near the Maharashtra border, approximately 35
kilometers north of Panaji. The site is comprised of land in six villages viz,
Varconda, Cansrvornem, Amberem, Uguem, Mopa and Chandel. The proposed
approach road to the new airport begins from NH-17 at Dhargalim Village, and
passes through land in the villages of Varconda and Casne.
The location of the proposed airport is shown in the following map:
Note: The names & spellings of villages mentioned are as per common usage and the same may not be as
per revenue records of the state government.
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A few salient features of the project are shown below:
Table 1: Project phasing
Phase Implementation by
Meeting Service and
Passenger
Requirements till
I Commercial Operations Date 2020
II 2021 2025
III 2026 2035
IV 2036 2045
Table 2: Projected passenger traffic at Mopa
Airport
Year International pax
(mn)
Domestic pax
(mn)
Total pax (mn)
2020 0.7 3.7 4.4
2025 1.0 4.8 5.8
2035 1.4 8.0 9.4
2045 2.0 11.1 13.1
Table 3: Projected cargo traffic at Mopa Airport
Year Air Mail (tonnes) Air Freight
(tonnes)
Total (tonnes)
2020 457 12,685 13,142
2025 562 16,057 16,619
2035 856 26,259 27,115
2045 1,264 41,406 42,670
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