GOVERNMENT OF KERALA
KANNUR INTERNATIONAL AIRPORT LIMITED
REQUEST FOR QUALIFICATION (RFQ)
EPC-I
Sub: Detailed Designing, Engineering, Procurement and Construction of Earth
Work and Pavements for Runway, Basic Strips, Turning Pads, Taxiways, Apron,
Access Roads, Drainage System, Related Retaining Structures, Formation
Platforms for Landside Facilities and Design, Supply, Installation, Testing and
Commissioning of Airfield Ground Lighting System, Visual Aids for Navigation
and Bird Hazard Reduction System.(hereinafter referred to as Project)
The RFQ for EPC-I was published on 22 January 2013 in the official website of KIAL.
Subsequent to the pre application conference, replies to queries on RFQ have been
published in the web site along with corrigendum-I,II &III and Errata-I&II.
A revised version of RFQ incorporating all the
corrections/revisions/modifications/additions as on 9 February 2013 is published
herewith for general information and use by all concerned.
MANAGING DIRECTOR
9 FEBRUARY 2013
GOVERNMENT OF KERALA
KANNUR INTERNATIONAL AIRPORT LIMITED
REQUEST FOR QUALIFICATION (RFQ)
Kannur International Airport, Kerala, India
EPC I
Detailed Designing, Engineering, Procurement and Construction of Earth Work and
Pavements for Runway, Basic Strips, Turning Pads, Taxiways, Apron, Access Roads,
Drainage System, Related Retaining Structures, Formation Platforms for Landside
Facilities and Design, Supply, Installation, Testing and Commissioning of Airfield
Ground Lighting System, Visual Aids for Navigation and Bird Hazard Reduction
System.(hereinafter referred to as Project)
'Parvathy',T.C 36/1, Chackai, N.H Bypass, Thiruvananthapuram 695 024, Kerala, INDIA
Ph: +91 471 2508668, 2508670, Fax: +91 471 2508669 E-mail: [email protected]
January 2013
(Amended as on 9 February 2013) 1
TABLE OF CONTENTS
SI. No. Contents Page No.
Disclaimer 4
1 Introduction 6
1.1 Background 6
1.2 Scope of Work and eligibility of Applicant 12
1.3 Brief description of Bidding Process 15
1.4 Schedule of Bidding Process 16
2 Instructions to Applicants 17
2A General 17
2.1 Scope of Application 17
2.2 Pre- Qualifying Criteria (PQ) for Works contracts 17
2.3 Change in composition of the Joint Venture / Consortium 21
2.4 Number of Applications and costs thereof 22
2.5 Site visit and verification of information 22
2.6 Acknowledgement by Applicant 22
2.7 Right to accept or reject any or all Applications/ Bids 23
2B Documents 24
2.8 Contents of the RFQ 24
2.9 Clarifications 24
2.10 Amendment of RFQ 25
2C Preparation and Submission of Application 25
2.11 Language 25
2.12 Format and signing of Application 25
2.13 Sealing and marking of Applications 26
2.14 Last Date of Receiving Applications 27
2.15 Late Applications 27
2D Evaluation Process 28
2.16 Opening and Evaluation of Applications 28
2.17 Confidentiality 28
2.18 Tests of responsiveness 29
2.19 Clarifications 29
2
2E Qualification and Bidding 30
2.20 Pre-Qualification and notification 30
2.21 Submission of Bids 30
2.22 Proprietary data 30
2.23 Correspondence with the Applicant 30
3 Fraud and Corrupt Practices 31
4 Miscellaneous 33
Appendices
I Letter comprising the application for Pre-qualification 34
Annex - I Details of Applicant 37
Annex - II Statement of Legal Capacity 39
Annex - III List of Similar works completed 40
Annex-IV For Submission of Credit Facility 41
Annex-V For Submission of Past Contractual Performance 44
Annex-VI Format for Financial Capabilities 45
Annex-VII Details of paid up capital of Applicant 44
II Format for Power of Attorney for signing of Application 46
III Format for Power of Attorney for Lead Member of Joint Venture
/ Consortium 48
3
DISCLAIMER
The information contained in this Request for Qualification document (the "RFQ") or subsequently
provided to Applicant(s), whether verbally or in documentary or any other form, by or on behalf of
"KIAL" (Kannur International Airport Ltd.), hereinafter, known as the Authority, or any of its
employees or advisors, is provided to Applicant(s) on the terms and conditions set out in this RFQ
and such other terms and conditions subject to which such information is provided.
This RFQ is not an agreement and is neither an offer nor invitation by the Authority to the
prospective Applicants or any other person. The purpose of this RFQ is to provide interested
parties with information that may be useful to them in the formulation of their application for
qualification pursuant to this RFQ (the "Application"). This RFQ includes statements, which reflect
various assumptions and assessments arrived at by the Authority in relation to the Project. Such
assumptions, assessments and statements do not purport to contain all the information that each
Applicant may require. The assumptions, assessments, statements and information contained in this
RFQ may not be complete, accurate, adequate or correct. Each Applicant should therefore,
conduct its own investigations and analysis and should check the accuracy, adequacy, correctness,
reliability and completeness of the assumptions, assessments, statements and information
contained in this RFQ and obtain independent advice from appropriate sources.
The Authority, its employees and advisors make no representation or warranty and shall have no
liability to any person, including any Applicant or Bidder, under any law, statute, rules or
regulations or tort, principles of restitution or unjust enrichment or otherwise for any loss,
damages, cost or expense which may arise from or be incurred or suffered on account of anything
contained in this RFQ or otherwise, including the accuracy, adequacy, correctness, completeness or
reliability of the RFQ and any assessment, assumption, statement or information contained therein or
deemed to form part of this RFQ or arising in any way with pre-qualification of Applicants for
participation in the Bidding Process.
The Authority also accepts no liability of any nature whether resulting from negligence or
otherwise howsoever caused arising from reliance of any Applicant upon the statements contained
in this RFQ.
The Authority may, in its absolute discretion but without being under any obligation to do so,
update, amend or supplement the information, assessment or assumptions contained in this RFQ.
The issue of this RFQ does not imply that the Authority is bound to select and shortlist pre-qualified
Applications for Bid Stage or to appoint the selected Bidder as the case may be, for the Project and the
Authority reserves the right to reject all or any of the Applications or Bids without assigning any
reasons whatsoever.
4
The Applicant shall bear all its costs associated with or relating to the preparation and submission
of its Application including but not limited to preparation, copying, postage, delivery fees, expenses
associated with any demonstrations or presentations which may be required by the Authority or
any other costs incurred in connection with or relating to its Application. All such costs and
expenses will remain with the Applicant and the Authority shall not be liable in any manner
whatsoever for the same or for any other costs or other expenses incurred by an Applicant in
preparation or submission of the Application, regardless of the conduct or outcome of the Bidding
Process.
5
KANNUR INTERNATIONAL AIRPORT LIMITED
1. INTRODUCTION
1.1 BACKGROUND
The virgin, clean beaches at Kannur are a tourist's paradise. One could lose oneself riding into
the sunset at Kerala’s only drive-in-beach in Muzhuppilangad. Apart from its idyllic beaches,
Kannur is famous for its handloom industry and folk art and culture. The resonant past and
plenty of myths and legends have earned Kannur, the capital of an ancient Kingdom, the name
'the crown of Kerala'.
Places of interest in Kannur range from forts, beaches, museums and much more. The
enchanting sandy beaches lined with evergreen coconut palm groves at Payyambalam,
Muzhuppilangad, Dharmadam, St. Angelo’s Fort, Thalassery Fort, and Bakel Fort as well as
Snake Park at Parassinikadavu are a few of them.
The new Kannur International Airport will tap the vast tourism potential, aid the textile
industry, and help ‘Non-Resident’ Indians, expatriates, business travellers, IT professionals
and corporate magnates, and enhance the region’s position as an international tourist
destination. About 13% of Kannur population has overseas employment. They and their
relatives currently have to travel far to reach an airport.
6
BARE FACTS
Catchment area of the airport North Malabar region, Mahe and
part of Coorg
Area (in Sq.km) 8,191
Population 56,92,324
Males 27,03,774
Females 29,88,550
Sex ratio : Females/1000 1,100
Density of Population 695
Per Capita Income (in Rs) 11825
Literacy rate Male 95.1 Female 89.68
Coastal line in km. 187
Water bodied area in ha. 11,240
Forest area in ha. 14,23,51
1.1.1 Rainfall and Climate
Kannur district receives a total annual rainfall of around 3453 mm. District experiences
heavy rainfall during the South West monsoon season followed by North East monsoon.
South West monsoon during June to September contributes 70 % of the total rainfall of the year.
The northeast monsoon contributes only about 30%. The distribution of rainfall
during year 2000 to 2005 is shown in Table 1. Rainfall is considerably less during the period
from January to May. The highest monthly rainfall was received in the month of June 2003 and
lowest in the month of March 2005.
Table 1: Monthly rainfall in Kannur district (Period 2000-2005)
Year Jan Feb Mar Apr May Jun July Aug Sept Oct Nov Dec Total
2000 37.4 4.4 81.8 286.4 916.2 674.1 587.6 74.9 411.8 52.0 131.6 3258.2
2001 69.1 340.4 1191.8 902.7 509.8 175.0 376.0 49.7 2.0 3616.5
2002 2.2 8.6 13.3 1117.5 369.5 621.8 171.0 646.0 52.0 22.3 3024.2
2003 97.4 101.9 194.7 1396.0 445.2 417.9 145.9 345.2 70.8 1.8 3226.1
2004 4.0 69.2 828.0 1097.4 1163.8 55.5 127.6 97.6 3443.1
2005 2.8 1.4 12.2 84.8 1108.5 944.0 611.0 589.6 389.0 60.9 606 3864.8
The year to year variability of annual rainfall is around 20%. In general, the rainfall increases from
the coast to the eastern hilly regions. Kannur district falls under wet type of climate based on
Thornthwaite’s climatic classification.
Temperature
The temperature is more during the months of March to May and is less during December and
January. The average mean monthly maximum temperature ranges from 28.4 to 36.90C and
minimum temperature ranges from 19.7 to 23.90C.
7
1.1.2 Archaeological Importance of Kannur
Burial sites of the Neolithic age have come to light in certain parts of Kannur district. The
Thaliparamba-Kannur-Thalassery area abounds in rock-cut caves, dolmens, burial stone
circles and menhirs, all of megalithic burial order.
It is assumed that the first batch of Aryan immigrants into the state entered through North
Kerala (Malabar).
1.1.3 The Airport Project
KIAL (Authority) has decided to carry out the bidding process for selection of an entity as
the bidder to whom part of the Project may be awarded. A brief description of the project
may be seen in the Authority's website www.kannurairport.in
Brief particulars of the Project are as follows:
An International Airport at Kannur with international standards of safety and comfort is
the aim of the Government of Kerala (GoK) and the Authority has been incorporated as a
public limited company by the GoK to develop the airport through Public Private Partnership
(PPP) mode. The equity participation in the project: GoK 26%, PSUs23%, 2% by Government
promoted agencies and balance through public participation by QIIs, Individuals, Companies,
Co-operative Banks, Societies, and other legal entities. In-Principle approval has been
received from Ministry of Civil Aviation, NOC received from Ministry of Defence and MHA,
and site clearance received from Director General of Civil Aviation, India.
The State’s prestigious greenfield airport project named ‘KANNUR INTERNATIONAL
AIRPORT’ will be coming up close to Mattannur in Kannur district of Kerala State. It is only
25 kms away from Kannur town, at Mattannur, on Kannur - Mattannur - Mysore road.
8
1.1.4 Objectives of the Proposed Project
To provide an international gateway with state-of-the art facilities to support safe, efficient and
cost effective travel for foreign tourists and ‘non-resident’ Indians from Kerala, as well as
domestic passengers.
To act as air cargo hub for perishable cargo like cut-flowers, vegetables, fruits, seafood etc.
To provide a host of commercial, trade promotion and industrial activities that can generate employment opportunities, provide avenues for the trade in traditional products to affluent markets in the Gulf and Europe and to open new vistas in the field of IT & ICT.
To promote beach, pilgrimage and health tourism. To transform the North Malabar region into a highly developed growth centre for travel and tourism.
1.1.5 Highlights
The Airport will have a runway length suitable for operation of Code E aircraft and it will be
extended further at later stage suitable for Code F aircraft operation. The orientation of the
runway is 07/25, which permits obstacle free approach. The airport is expected to have an
annual traffic of more than 1.5 million international passengers and above 0.15 million
domestic passengers as per 2016-2017estimate. The airport is expected to be operational
from December 2015 onwards.
1.1.6 Infrastructure
Creating outside support services/ infrastructure facilities is considered to be as important as the
development of the airport building itself. The greatest emphasis is being laid on the access
roads. The plan is to take up and complete the supporting infrastructure by the time the airport
is built.
Nearby Airports
The airport at Mangalore in Karnataka is about 175 kilometres and the one at Kozhikode is
about 120 kilometres away from Kannur.
9
Roads
The West Coast road, National Highway 17, is the backbone of the road system in North
Malabar. Kannur - Mattannur - Iritty Road, Pappinisseri - Pilathara Road, Taliparambu -
Sreekandapuram Road, Payyannur - Peringome (Kozhichal) Road, and the Thalassery -
Mysore road are the other important roads.
Government of Kerala has already decided to widen/develop the roads connecting the proposed airport. The following eight roads have been identified for this purpose:
1) Kannur-Mattannur;
2) Thalassery-Mattannur;
3) Payyannur-Mattannur;
4) Karnataka Border-Mattannur
5) Mattannur-Anjarakkandy-Thalassery
6) Wayanad-Mattannur
7) Mahe-Muzhuppilangad
8) Nadapuram-Thalassery
Ports
Thalassery (Tellicherry), Kannur and Azhikkal are the minor ports in the district. Kannur is an
ancient port. The nearest all-weather sea port is Mangalore in Karnataka State. The inland water
transport system connecting Perumba and Taliparambu was constructed in 1766 by the Ali
Raja of Kannur. This 3.8 km long canal is known as the Sultan's Canal. The west flowing
rivers are used for navigation. The Kuppam river has 244 km of navigable length;
Valappattanam, 55 km and Anjarakandi, 23 km.
Rail
A rail line linking Kannur/ Thalassery, will facilitate multi-modal access to the airport. The
State Government is pursuing discussions with the Ministry of Railways on a proposal for
'Kannur International Airport Railway Station'.
Power
An increase in power supply in the area adjoining the airport has been taken up to cater to the
power requirements of the airport.
Water
Necessary steps have been taken by the concerned authorities to meet the demand of water
requirements of the airport.
10
1.1.7 Tourism/Hotels
The tourism industry, especially health, pilgrimage and beach tourism, would be developed to
attract more national and international tourists. The airport will be established quite close to
Wayanad and Coorg which are suitable locations for adventure and wild life tourism. Even
before the commencement of the construction of the airport several hotel chains have come up
to explore the tourism potential of the region.
Pilgrimage tourism can be promoted in this area due to the presence of a large number of
internationally famous shrines belonging to different religions.
1.1.8 Industries
Traditional industries like textile, handloom and modern sectors like IT will get a boost with
the establishment of the airport. Similarly the airport will grow due to rapid industrialization
from the flow of increased passengers. It is a win-win situation.
1.1.9 Project Structure
The airport will be built over 2000 acres of land and will have a single runway, to begin with.
The detailed project report envisages project cost to be approximately Rs.1500 Crores for the
airport. When completed, Kannur airport would be the fourth international airport in the
State after Thiruvananthapuram, Kochi and Kozhikode.
1.1.10 Status of Land Acquisition
So far, 1278 acres of land has been taken over under the Fast Track Scheme and
compensation paid to the land Owners. Land required for rehabilitation has also been taken
over and plots given to the families concerned.
In the second phase, 783 acres more has been notified and is expected to be taken over in 6
months.
Project Office at Mattannur was inaugurated by the Chief Minister of Kerala on 6 December
2012.
1.1.11 Consultant for the project
The first DPR and runway design for the project was prepared by Cochin International
Airport Limited. At a later stage, a consortium consisting of AECOM and CRISIL has been
11
appointed as Integrated Project Consultant for Kannur International Airport Project.
1.1.12 Objective of RFQ
The Authority intends to pre-qualify suitable Applicants (the "Bidders") who will be eligible for
participation in the Bid Stage, for awarding the Project through a competitive bidding
process in accordance with the procedure to be laid down in the RFP.
1.2 SCOPE OF WORKS AND ELIGIBILITY OF APPLICANT
1.2.1 Scope of work
The land identified and acquired at Moorkhanparambu, in the district of Kannur, for the
proposed Greenfield Airport is in a hilly terrain which requires extensive earthwork involving
cutting and filling of ground to make it suitable for airport construction. The earth filling
required for reaching the desired level of the proposed airport platform is likely to peak up to
around 50m in certain areas which may involve construction of retaining structures of the
same height.
This RFQ is for EPC-I, who is proposed to be appointed for initial development activities of the
proposed airport.
The successful Bidder, shall be responsible for designing, engineering, procurement, construction, of this Project under and in accordance with the Agreement to be entered into between the successful Bidder and the Authority. The bidder shall be responsible for the maintenance of the project during Defect Liability Period
A subsequent RFQ will be issued for selection of EPC-II, who will be responsible for all other
related facilities for the airport development.
1.2.2 Broad description of works under the proposed contract
A) Designing, Engineering, Procurement and Construction of
a) 2 lane / 4 lane access road.
b) Earth work in cutting and filling for preparation of ground platform for the proposed
airport. The work involves excavation of hard laterite stone up to a depth of 10m apart from
other type of soft / hard rock and soil.
c) Retaining structure to retain earth in filling up to a height of 45-50m.
d) Drain system, and underground conduit ducts.
12
e) Runway (flexible) of length suitable for operation of code 4E aircraft, Taxiway, Runway
Basic Strips, Apron, Isolation Bay, Runway Turning Pads, RESA..
f) Operational and perimeter boundary wall, perimeter road, internal road (airside).
g) Formation platforms for Landside facilities.
h) Ancillary buildings in operational area like Fire Station, Radar building, CCR building, DVOR
building, RCC underground and overhead tanks for fire fighting, suitable link roads for
above buildings, visual markings on pavement, substation etc.
B) Designing, Supply, Installation, Testing and Commissioning of
a) Aircraft approach lighting and Airfield Ground Lighting (AGL) systems as per ICAO, DGCA
requirements
b) Visual Aids for Navigation and Bird hazard reduction system.
1.2.3 Eligibility of Applicants
(A) For determining the eligibility of Applicants for their pre-qualification here under,
the following shall apply:
(a) The Applicant for pre-qualification may be a single entity or a group of entities (the
“Consortium”), coming together to implement the Project. However, no applicant applying
individually or as a Member/Partner of a Consortium/Joint Venture, as the case may be, can be
Member/Partner of another Applicant. The term Applicant used herein would apply to both a
single entity and a Joint Venture/Consortium.
(b) An Applicant may be a natural person, private entity, or any combination of them with a
formal intent to enter into an agreement or under an existing agreement to form a
Consortium/Joint Venture.
(c) An Applicant shall not have a conflict of interest (the “Conflict of Interest”) that affects
the Bidding Process. Any Applicant found to have a Conflict of Interest shall be disqualified. An
Applicant shall be deemed to have a Conflict of Interest affecting the Bidding Process, if:
(i) the Applicant, its Member/Partner or Associate (or any constituent thereof) and any
other Applicant, its Member/Partner or any Associate thereof (or any constituent thereof)
have common controlling shareholders or other ownership interest; provided that this
disqualification shall not apply in cases where the direct or indirect shareholding of an
13
Applicant, its Member or an Associate thereof (or any shareholder thereof having a
shareholding of not more than twenty five per cent of the paid up and subscribed share capital
of such Applicant, Member or Associate, as the case may be) in the other Applicant, its
Member/Partner or Associate, as the case may be, is not more than twenty five per cent of the
paid up and subscribed share capital thereof; provided further that this disqualification shall
not apply to any ownership by a bank, insurance company, pension fund or a public financial
institution referred to in section 4A of the Companies Act 1956. For the purposes of this Clause
1.2.3 (c), indirect shareholding held through one or more intermediate persons shall be
computed as follows: (aa) where any intermediary is controlled by a person through
management control or otherwise, the entire shareholding held by such controlled
intermediary in any other person (the “Subject Person”) shall be taken into account for
computing the shareholding of such controlling person in the Subject Person; and (bb) subject
always to sub-clause (aa) above, where a person does not exercise control over an
intermediary, which has shareholding in the Subject Person, the computation of indirect
shareholding of such person in the Subject Person shall be undertaken on a proportionate
basis; provided, however, that no such shareholding shall be reckoned under this sub-clause
(bb) if the shareholding of such person in the intermediary is less than 26% of the subscribed
and paid up equity shareholding of such intermediary; or
(ii) a constituent of such Applicant is also a constituent of another Applicant; or
(iii) such Applicant, or any Associate thereof receives or has received any direct or
indirect subsidy, grant, concessional loan or subordinated debt from any other Applicant, or
any Associate thereof or has provided any such subsidy, grant, concessional loan or
subordinated debt to any other Applicant, its Member/Partner or any Associate thereof; or
(iv) such Applicant has the same legal representative for purposes of this Application as
any other Applicant; or
(v) such Applicant, or any Associate thereof has a relationship with another Applicant, or
any Associate thereof, directly or through common third party/ parties, that puts either or both
of them in a position to have access to each other information about, or to influence the
Application of either or each other; or
(vi) such Applicant, or any Associate thereof has participated as a consultant to the
Authority in the preparation of any documents, design or technical specifications of the Project.
(d) An Applicant shall be liable for disqualification if any legal, financial or technical adviser of
the Authority in relation to the Project is engaged by the Applicant, its Member/Partner or any
Associate thereof, as the case may be, in any manner for matters related to or incidental to the
Project. For the avoidance of doubt, this disqualification shall not apply where such adviser was
engaged by the Applicant, its Member/Partner or Associate in the past but its assignment
expired or was
14
terminated 6 (six) months prior to the date of issue of this RFQ. Nor will this disqualification
apply where such adviser is engaged after a period of 3 (three) years from the date of
commercial operation of the Project.
Explanation: In case an Applicant is a Consortium/Joint Venture, then the term Applicant as
used in this Clause 1.2.3, shall include each Member/Partner of such Consortium/Joint
Venture.
(B) While Qualification is open to persons from any country, the following provisions shall
apply:
(a) Where, on the date of the Application, not less than 15% (fifteen percent) of the
aggregate issued, subscribed and paid up equity share capital in an Applicant or its
Member/Partners is held by persons resident outside India or where an Applicant or its
Member/Partner is controlled by persons resident outside India (Details are to be furnished in
Annex-VII); or
(b) if at any subsequent stage after the date of the Application, there is an acquisition of
not less than 15% (fifteen per cent) of the aggregate issued, subscribed and paid up equity
share capital or control, by persons resident outside India, in or of the Applicant or its
Member/Partner; then the Qualification of such Applicant or in the event described in sub
clause (b)above, the continued Qualification of the Applicant shall be subject to approval of the
Authority from national security perspective. The decision of the Authority in this behalf shall
be final and conclusive and binding on the Applicant. The holding or acquisition of equity or
control, as above, shall include direct or indirect holding/ acquisition, including by transfer, of
the direct or indirect legal or beneficial ownership or control, by persons acting for themselves
or in concert and in determining such holding or acquisition, the Authority shall be guided by
the principles, precedents and definitions contained in the Securities and Exchange Board of
India (Substantial Acquisition of Shares and Takeovers) Regulations, 1997, or any substitute
thereof, as in force on the date of such acquisition. The Applicant shall promptly inform the
Authority of any change in the shareholding, as above, and failure to do so shall render the
Applicant liable for disqualification from the Bidding Process.
1.3 BRIEF DESCRIPTION OF BIDDING PROCESS
The Authority has adopted a two-stage process (collectively referred to as the "Bidding
Process") for selection of the bidder for award of the Project. The first stage (the
"Qualification Stage") of the process involves qualification (the "Qualification") of interested
parties/ Consortium / Joint Venture who make an Application in accordance with the
provisions of this RFQ (the "Applicant", which expression shall, unless repugnant to the
context, include the Members of the Joint Venture / Consortium). The Applicant shall pay to
the Authority a sum of Rs. 50,000 (Rupees Fifty thousand) as Demand Draft from a
15
Nationalised/Scheduled Bank favouring Kannur International Airport Limited),
payable at Trivandrum (Non-refundable) as the cost of the RFQ process along with the
application. Intending applicants who wish to attend the Pre application conference should
pay the RFQ process fee of Rs. 50,000/- in the form of Demand draft in advance. Those
attending the conference will be required to produce the proof of payment before the
conference starts. At the end of qualification stage, the Authority expects to announce a list of
all pre-qualified Applicants who shall be eligible for participation in the second stage of the
Bidding Process (the "Bid Stage") comprising Request for Proposals (the "Request for
Proposals" or "RFP").
In the Qualification Stage, Applicants would be required to furnish all the information
specified in this RFQ. Only those Applicants that are pre-qualified and short-listed by the
Authority shall be invited 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, before submitting the RFQ.
In the Bid Stage, the Bidders will be called upon to submit their financial offers (the "Bids") in
accordance with the RFP and other documents to be provided by the Authority (collectively the
"Bidding Documents").
Further and other details of the process to be followed at the Bid Stage and the terms thereof
will be spelt out in the Bidding Documents.
Any queries or request for additional information concerning this RFQ shall be submitted by
e-mail to [email protected].
1.4 SCHEDULE OF BIDDING PROCESS {#}
The schedule of bidding process is as below:
Event Description
Qualification Stage
Date of Issue/availability of RFQ document
Last date for receiving queries
Pre-Application conference(*)
Authority’s response to queries latest by
Last date for submission of applications
Opening of Application received
Announcement of short-listed applicants
Date
23 January 2013
30 January 2013
31 January 2013
02 February 2013
22 February 2013 till 17:00 Hrs
22 February 2013 17:30 Hrs(**)
1 March 2013
No request for extension of time line will be entertained.
{#}-Modified as per Corrigendum-II
16
(*)Intending applicants who wish to attend the Pre application conference should pay the RFQ
process fee of Rs. 50,000/-.in the form of Demand Draft in advance. Those attending the conference
will be required to produce the proof of payment before the conference starts.
(**) In the presence of applicants or their representatives who may choose to be present.
Those applicants who did not pay Rs 50,000 by Demand Draft while attending the pre application
Conference should enclose a Demand Draft for Rs 50,000 as the cost of RFQ process along with
their application in favour of KIAL, failing which their application will be rejected.
2. INSTRUCTIONS TO APPLICANTS 2(A) GENERAL
2.1 Scope of Application
The Authority invites Applications for Qualification in order to pre-qualify experienced and
professionally capable Applicants for the Bid Stage.
Pre-qualified Applicants may be subsequently invited to submit the Bids for the Project.
2.2 Pre -Qualifying Criteria
a) Annual Turnover
The minimum average turnover of the bidder during the preceding three financial
years should not be less than Rs. 560 Cr. (*)
(*) this figure has been calculated as under:
Indicative cost of Work x 12 700 x 12
2.0 x----------------------------------------------- = 2.0 x------------- = 560 Cr.
Expected completion time in months 30
NOTES:
1. The indicative cost of the project is Rs. 700 Cr. which would be revised and specified in
RFP. The assessment of actual cost would, however, have to be made by the intending
bidders depending on the design prepared by them.
2. Weightage of 5% (compounded annually) shall be given for equating the financial
turnover of the previous years to the current year.
3. For considering the financial year, for example for a work for which the tender is being
opened in financial year 2012-2013, the last three financial years shall be 2011-2012.
2010-2011, 2009- 2010. For a tender opened on (say) 16 January 2013 (Fin. Year
17
2012- 2013), with weightage of 5% compounded annually, the weightages to be
applied on the Turnover of the previous Three Financial Years will be as under:- F.Y.
2011-12 = 1.050; F.Y. 2010-11=1.103; F.Y. 2009-10=1.158.
4. The applicant should submit the attested copy of Auditor's report along with balance
sheet and profit and loss statement for the relevant financial year in which the
minimum criteria is met.
b) Work Experience. {#}
1) The applicant should have satisfactorily completed in his own name at least 01 (One
)work of similar nature in EPC mode as described in clause 1.2, of minimum value of
Rs. 525 Cr. (75% of the estimated cost of work) OR 02(Two) works of minimum value of
Rs. 350 Cr. each (50% of the estimated value of work) OR 03(Three) works of
minimum value of Rs. 280 Cr. each (40% of the estimated value of the work)
during the last 10 (Ten) years prior to the date of submission of the bid. Works
completed prior to the cut-off date shall not be considered.
2) The applicant should also have satisfactorily completed earth work, airfield pavement
and airfield lighting system (CAT-I) including AGL system during the last 10 (Ten)
years ending 31 December 2012. However, for airfield lighting system, the
experience of sub-contractors who may be engaged will also be considered. Details in
this regard need to be included in the proposal by the applicant.
NOTES:
1. A weight age of 5% (compounded annually from the date of completion of the work to
the submission of the bid) shall be given for equating the works of the previous years to the
current year.
2. Only such works will be considered which are 100% completed in all respects except
as indicated above.
3. The bidder should submit the details of such completed works as per the format at
Annex-III enclosed. In support of having completed these works, the firms should
submit attested copies of the completion certificates from the Authority companies –
clients indicating the name of work, the description of work done by the bidder,
value of contract executed by the bidder, date of start, date of completion (contractual &
actual) and value of the material supplied free by the Authority company. The value of
work executed should be inclusive of the value of free supply items.
18
4. The cut off date shall be calculated from the date of submission / opening of tender
i.e. for a tender which is being opened on 22 February 2013, the cut off date shall
be on 23 February 2003. The works completed prior to 23 February 2003 shall not
be considered.
5. It may be noted that the proposed designs are not required to be submitted at this
stage (RFQ).However, submission of design will be a requirement at the RFP stage.
{#}-Modified as per Corrigendum-II
c) Profitability {#}
The applicant firm shall be a profit (net) making firm and shall have made profit
at least in three financial years out of the last five financial years prior to submitting
the RFQ.
The applicant should submit attested copies of auditor's report along with audited balance
sheet and profit and loss statement for the last five financial years.
d) Liquidity
The applicant should have total liquid assets and credit facility for a minimum amount of Rs.
93.34 Cr. (*).
For the purpose of credit facility, the applicant should submit a certificate from a
nationalized or a scheduled bank (as per format) (Annex-IV enclosed).
(*) This figure has been calculated as under: -
Indicative cost of works x 4
Sum of available credit facility and liquid assets = ______________________________________________
Expected completion time in months
700 x 4 = 93.34
30
"Liquid Assets" will be computed by deducting current liabilities from current assets.
{#}-Modified as per Corrigendum- III
19
e) Net worth
The Net Worth of the Applicant shall be at least Rs. 175 Cr at the close of the last
audited financial year. The Applicant shall provide a certificate(s) from its statutory
auditors specifying the net worth of the Applicant, as at the close of the last audited
financial year, and also specifying that the methodology adopted for calculating such net
worth conforms to the provisions of this Clause.
For the purposes of this tender document, net worth (the “Net Worth”) shall be computed
as follows:
Net Worth = Paid up Equity share capital.
Add: Free Reserves
Subtract: Share premium (except in case of listed companies)
Subtract: Revaluation Reserves
Subtract: Intangible Assets
Subtract: Miscellaneous Expenditures to the extent not written off and carry forward losses
The Applicant shall provide the information regarding criteria as in Annexure VI.
f) Joint Venture / Consortium {#)
A) Response to this RFQ submitted by a Joint Venture / Consortium of two or more firms
(limited to maximum of 3 members for both Joint Venture and consortium) as Partners/
Members shall be accompanied by the following documents:
i) A copy of MoU among Joint Venture Partners/ Consortium Members who participate
in the selection process and mentioning the share holding pattern together with roles
and responsibilities of each partner/member in the performance, execution,
and implementation of the project. Each partner/member will be liable on a joint
and several basis. The lead Partner/member shall have 51% of the share of the
Joint Venture/Consortium if the number of Partners/Members is 02(Two) and
more than 33% of the share if the number of Partners/Members is 03 ( Three).
ii) Power of Attorney in favour of the Partner in charge/ Lead Member on the lines
mentioned in Appendix III.
(iii) All the Annexure from I to VII shall be submitted by each of the Partners/ Members.
B) The Partner-in-charge / Lead Member should fulfil 75% of the minimum
qualifying criteria in respect of Annual Turnover, Work Experience
(excluding experience in Air field lighting which may be provided by
another Partner / Member /Sub-contractor), Liquidity and Net Worth laid
down in the clause 2.2 and each of the partners / members (limited to
maximum of 3 including Lead Partner / Member) should have work
experience specified in clause 2.2 (b) (1) and / or any of the criteria
mentioned in clause 2.2(b)(2) in such a way as to ensure that the Partner-
in-charge / Lead Member and Partners / Members together should fulfil
100% qualifying work experience laid down in clause 2.2 (b).
20
In addition, each of the Partners / Members should also fulfil 40% of minimum
qualifying criteria in respect of Annual Turnover, Liquidity and Net Worth laid down
in clause 2.2. Further, the Partner-in-charge / Lead Member as well as Partners /
Members should fulfil the criterion regarding profitability laid down in clause
2.2.(c).
{#}-Modified as per Corrigendum-I
g) Others
Even though the Applicants meet the above qualifying criteria, they are subject to be
disqualified if they have
Made misleading or false representation in the forms, statements and attachments in
proof of the qualification requirements;
Records of poor performance such as abandoning the work, not properly completing the
contract, inordinate delays in completion, litigation history or financial failures etc.
Not submitted all the supporting documents or not furnished the relevant details as per
the prescribed format.
Any entity which has been barred by the Central /any State Government in India (or any
entity controlled by them), from participation in any project in last three years and the
bar subsists as on the date of proposal/bid, would not be eligible to submit a
proposal/bid. A Bidder should, have in the last three years, neither failed to perform on
any agreement, evidenced by imposition of a penalty by an arbitral or judicial authority
or a judicial pronouncement or arbitration award against the Bidder, nor been expelled
from any project or agreement nor have had any agreement terminated for breach by
such Bidder. An Affidavit duly notarized/legalized to this effect should be furnished for
qualification by the Bidder.
A declaration to the above effect in the form of affidavit on stamp paper of Rs.100/- duly
attested by Notary / Magistrate should be submitted as per format given in Annex V
enclosed.
h) Sub-Contractors
Sub Contractors' experience and resources will not be taken into account in determining the
Applicant’s Compliance with the Qualifying Criteria.
2.3 Change in composition of the Joint Venture / Consortium
Once submitted during the Qualification Stage, change in the composition of a Joint Venture /
Consortium will not be permitted by the Authority during the Bidding Stage.
21
2.4 Number of Applications and costs thereof
No Applicant shall submit more than one Application for the Project. An applicant (or any of
its group entity, including holding, subsidiary, sister entities, etc.) applying individually or as
a member of a Joint Venture / Consortium shall not be entitled to submit another application
either individually or as a member of any Joint Venture / Consortium, as the case may be.
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
It shall be deemed that by submitting the Application, the Applicant has:
(a) made a complete and careful examination of the RFQ;
(b) received all relevant information requested from the Authority;
(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 related to the
RFQ; and
(d) agreed to be bound by the undertakings provided by it under and in terms hereof.
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.
22
2.7 Right to accept or reject any or all Applications/ Bids
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 therefore. In the event that the Authority rejects or annuls
all the Bids, it may, in its discretion, invite all eligible Applicants to submit fresh Bids
hereunder.
The Authority reserves the right to reject any Application and/ or Bid.
23
2(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 Addendum issued in accordance with Clause 2.10.
Invitation for Qualification
Section 1. Introduction
Section 2. Instructions to Applicants
Section 3. Fraud & Corrupt Practices
Section 4. Miscellaneous
Appendices
I. Letter comprising the Application
II. Power of Attorney for signing of Application
III. Power of Attorney for Lead Member of Joint Venture / Consortium
2.9 Clarifications
Applicants requiring any clarification on the RFQ may notify the Authority by e-mail. They
should send in their queries before the date specified in the schedule of Bidding Process
contained in Clause 1.4. The Authority shall endeavour to respond to the queries within the
period specified therein. The responses will be posted on Authority’s website.
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.
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.
24
2.10 Amendment of RFQ
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 Addendum.
Any Addendum thus issued will be published in Authority’s website.
2(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.
2.12 Format and signing of Application
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 be rejected.
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 also provide 2 (two) soft copies on Compact Disc
(CD). In the event of any discrepancy between the original and the copy, the original shall
prevail.
The Application and its copy shall be typed neatly and signed by the authorised signatory of
the Applicant who shall also initial each page in blue ink. All the alterations, omissions,
additions or any other amendments made to the Application shall be initialled by the
person(s) signing the Application. The Application shall contain page numbers and shall be
25
bound together in hard cover.
2.13 Sealing and Marking of Applications
The Applicant shall submit the Application in the format specified at Appendix-I, together
with the documents specified below, 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 sealed in an outer envelope which shall
also be marked in accordance.
Each envelope shall contain:
(i) Application in the prescribed format (Appendix-I) 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 Joint Venture / Consortium as
per the format at Appendix-III;
(iv) 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
(v) Copies of Applicant's duly audited balance sheet and profit and loss account for the
preceding three years.
Each of the envelopes shall clearly bear the following identification: "Application for
Qualification” 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.
Each of the envelopes shall be addressed to:
DESIGNATION : Managing Director
ADDRESS : Kannur International Airport Limited Registered Office, 'Parvathy',T.C 36/1 Chackai, N.H. Bypass Thiruvananthapuram-695 024, Kerala, INDIA
E-mail: [email protected] Phone.No+91-471-2508668, 2508669, 2508670
26
If the envelopes are not sealed and marked as instructed above, the Authority will reject the
Application.
Applications submitted by fax, telex, telegram or e-mail shall be rejected.
2.14 Last Date of Receiving Application {#}
Applications should be submitted before 1700 hours IST on 22 February 2013, at the
address provided in Clause 2.13 in the manner and form as detailed in this RFQ.
2.15 Late Applications
Applications received by the Authority after the specified time and date on 22 February2013
shall not be eligible for consideration and shall be summarily rejected. The Authority shall not
be responsible or liable for loss or delay for the receipt of the RFQ due to loss of document in
transit or delay on the part of the postal authorities or courier for delivery of the document in
time.
{#}-Modified as per Corrigendum-II
27
2(D) EVALUATION PROCESS
2.16 Opening and Evaluation of Applications
The Authority shall open the Applications at 1730 hours IST on the Application Due Date, at the
place specified in Clause 2.13 and in the presence of the Applicants who choose to attend. The
Authority will subsequently examine and evaluate Applications.
Applicants are advised that pre-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.
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 on the Applicant if the
Project is subsequently awarded to it on the basis of such information.
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.
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 portion in evaluating the eligibility.
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 evaluation of the eligibility of the Applicant. Where any
information is found to be patently false or amounting to a material representation, the
Authority reserves the right to reject the Application.
2.17 Confidentiality
Information relating to the examination, clarification, evaluation, and recommendation for
the short-listed pre-qualified Applicants shall not be disclosed to any person who is not
officially concerned with the process or is not a retained professional advisor advising the
Authority in relation to, or matters arising out of, or concerning the Bidding Process. 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.
28
2.18 Tests of responsiveness
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.
(b) it is received by the Last Date and time.
(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 Appendix II &III.
(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 RFQ process fees as Demand Draft of Rs. 50,000 (Rupees Fifty thousand
only) payable to Authority ;
(h) it does not contain any condition or qualification; and
(i) it is not non-responsive in terms hereof.
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.
2.19 Clarifications
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.
If an Applicant does not provide clarifications sought 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.
29
2(E) QUALIFICATION AND BIDDING
2.20 Pre-Qualification and notification
After the evaluation of Applications, the Authority would announce a list of 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 pre-qualified. The
Authority will not entertain any query or clarification from Applicants who fail to qualify.
2.21 Submission of Bids
Only pre-qualified Applicants shall be invited by the Authority to submit their Bids in the
form and manner to be set out in the Bidding documents 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.
2.22 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.
2.23 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.
30
3. FRAUD AND CORRUPT PRACTICES
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.
Without prejudice to the rights of the Authority, 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.
For the purposes of this Clause 3, 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 arising there from, before or after the execution thereof, at any time
prior to the expiry of one year from the date such official resigns or retires from or
otherwise ceases to be in the service of the Authority, shall be deemed to constitute
influencing the actions of a person connected with the Bidding Process).; or (ii) save and
except as permitted under provisions of the RFQ, engaging in any manner whatsoever,
whether during the Bidding Process or after the issue of the LOA, as the case may be, any
person in respect of any matter relating to the Project or the LOA, 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 person's participation or
action in the Bidding Process;
(d) "undesirable practice" means (i) establishing contact with any person connected with or
31
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.
32
4. MISCELLANEOUS The Bidding Process shall be governed by, and construed in accordance with, the laws of India and
the Courts at Thiruvananthapuram (Kerala) shall have exclusive jurisdiction over all disputes
arising under, pursuant to and/ or in connection with the Bidding Process.
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.
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
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.
33
APPENDIX - I
Letter Comprising the Application for Pre-Qualification
Dated:
To,
Managing Director Kannur International Airport Ltd. Registered office, 'Parvathy',T.C. 36/1 Chackai, N.H. Bypass Thiruvananthapuram-695 024 Kerala, INDIA
Sub: Application for Pre-qualification for Detailed Designing, Engineering, Procurement and
Construction of Earth Work and Pavements for Runway, Basic Strips, Turning Pads,
Taxiways, Apron, Access Roads, Drainage System, Related Retaining Structures, Formation
platforms for Landside Facilities and Design, Supply, Installation, Testing and
commissioning of Airfield Ground Lighting System, Visual Aids for Navigation and Bird
Hazard Reduction System at Kannur International Airport, Kerala, India.
Dear Sir,
With reference to your RFQ document dated 22 January 2013 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 pre- qualification of the
Applicants for the aforesaid project, and we certify that all information provided in the
Application 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.
3. This statement is made for the express purpose of qualifying as a Bidder for the
development, construction 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 reasons or otherwise and hereby waive, to the fullest extent permitted by applicable
law, our right to challenge the same on any account whatsoever.
34
6. I/ We certify that in the last three years, we/ any of the Consortium / Joint Venture
Members/Partners or our other 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 have not directly or indirectly or through an agent engaged or indulged in any corrupt
practice, fraudulent practice, coercive practice, undesirable practice or restrictive practice,
in respect of any tender or request for proposal issued by or any agreement entered into
with the Authority or any other public sector enterprise or any government, Central or
State; and
(c) I/ We hereby certify that we have taken steps to ensure that in conformity with the
provisions of Section 3 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 2.16 of the RFQ document.
9. I/ We believe that we/ our Joint Venture / Consortium/ proposed Joint Venture /
Consortium satisfy(ies) the qualification 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 Partner/Member of the Joint Venture / Consortium, or our/ its
Associates are not a Partner/Member of a/ any other Joint Venture / Consortium applying for
pre-qualification.
11. I/ We certify that in regard to matters other than security and integrity of the country, we/
any Partner/Member of the Joint Venture / 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.
35
12. I/ We further certify that in regard to matters relating to security and integrity of the
country, we/ any Partner/Member of the Joint Venture / Consortium or any of our/
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 Partner/Member of the Joint Venture / Consortium or against our/
their Associates or against our CEO or any of our directors/ managers/ employees.
14. 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.
15. The Statement of Legal Capacity as per format provided at Annex-II 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 Joint Venture / Consortium,
as per format provided in the RFQ, are also enclosed.
16. 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.
17. I/ We agree and undertake to abide by all the terms and conditions of the RFQ document.
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
Signature of witness 1)
2)
36
APPENDIX- I
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:
5. In case of a Joint Venture / Consortium:
(a) The information above (1-4) should be provided for all the Members of the Joint
Venture / Consortium.
(b) A copy of the Undertaking, in case of the Joint Venture / Consortium, should be
attached to the Application.
(c) Information regarding the role of each Member should be provided as per table below:
37
APPENDIX- I
ANNEX-I
Sl. No. Name of Member Role Percentage of share in
the Joint Venture /
Consortium
(d) The following information shall also be provided for each Member of the Joint Venture /
Consortium:
Name of Applicant/ member of Joint Venture / Consortium:
No. Criteria Yes No
1. Has the Applicant/ constituent of the Joint Venture
/ Consortium been barred by the Central/ State
Government, or any entity controlled by it, from
participating in any project (BOT or otherwise)
If the answer to 1 is yes, does the bar subsist as on
the date of Application
2. Has the Applicant/ constituent of the Joint Venture
/ Consortium paid liquidated damages of more than
5% 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 Partners/Members of its Joint Venture /
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):
38
ANNEX-II
Statement of Legal Capacity
(To be forwarded on the letterhead of the Applicant/ Lead Member of Joint Venture / Consortium)
Ref. Date:
To,
Managing Director Kannur International Airport Ltd. 'Parvathy',T.C. 36/1 Chackai, N.H. Bypass Thiruvananthapuram-695 024 Kerala, INDIA
Dear Sir,
We hereby confirm that we/ our Partners/Members in the Joint Venture / 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 member's name) will act as the Lead Partner/Member of our
Joint Venture / Consortium.*
We have agreed that ______________ (insert individual's name) will act as our representative/ will act as
the representative of the Joint Venture / 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.
39
ANNEX -III LIST OF SIMILAR WORKS COMPLETED
S.No. Client's Name of Scope of work Agreement / Contract Value (Rs. In Value of Date of Date of completion Reasons for Name work & carried out by Letter of Award lakhs) Materials Start delay in and Location the Bidder No. Awarded Actual on supplied As per Actual completion if Address completion free by the LOA / any
Client Agreement
SEAL AND SIGNATURE OF THE BIDDER
Notes: (i) In support of having completed above works attach attested copies of the completion certificate from the Authority companies/clients
indicating the name of work, the description of work done by the bidder date of start, date of completion (contractual & actual), value of contract as awarded and as executed by the bidder, and value of material supplied free by the client. When the Authority company is a private one, the Certificate from the Company must be supported by TDS Certificate issued by the Company.
(ii) Information must be furnished on only works carried out by the Bidder in his own name/ JV as per eligibility.
40
ANNEX -IV For Submission of Credit Facility This is to certify that M/s _________________________________ is a reputed company with a good financial standing.
The firm / company is enjoying a fund based credit facility of Rs ........................................ to meet its working capital requirements. The Firm or Company is not in the list of defaulter to the bank.
Signature of Authorized Signatory with Name and Date
Seal and Address of Bank
41
ANNEX-V For Submission of Past Contractual Performance{#}
(Affidavit on non-judicial stamp paper of Rs. 100/- duly attested by Notary/Magistrate) This is to certify that We M/s ______________________________ in submission of this offer confirm that:- I) We have not made any misleading or false representation in the forms, statements
and attachments in proof of the qualification requirements; ii) We do not have records of poor performance such as abandoning the work, not
properly completing the contract, inordinate delays in completion, litigation history or financial failures etc.
iii) We have not been barred by the Central/any State Government in India (or any
entity controlled by them), from participation in any project in last three years and the
bar subsists as on date of proposal/bid.
iv) We have neither failed to perform on any agreement, evidence by imposition of a penalty by an arbitral or judicial authority or a judicial pronouncement or arbitration award against us, nor been expelled from any project or agreement nor have had an agreement terminated for breach in last three years.
iv) We have submitted all the supporting documents and furnished the relevant details as
per prescribed format.
v) The information and documents submitted with the tender by us are correct and we are fully responsible for the correctness of the information and documents submitted by us.
SEAL AND SIGNATURE OFTHE BIDDER
NOTE
1. For executing the affidavit on Past Performance (Annex-V), following options may be
adopted in the case of a foreign partner
a) The affidavit may be executed in India by the foreign partner on a Rs 100 non judicial
42
stamp paper and attested by a Notary/Magistrate; or
b) The affidavit may be executed outside India as per the local regulations of the country
of foreign partner and then get adjudicated before the Revenue Authority in India by
paying the requisite stamp duty ;or
c) The affidavit may be executed outside India as per the local regulations of the country
of foreign partner and then countersigned by Indian Embassy in that country.
{#}- NOTE added as per Corrigendum III 43
ANNEX-VI
FORMAT FOR FINANCIAL CAPABILITES
[on the letter head of the Applicant]
Name of the Applicant: …………………………………………………
Year Net worth
I / we (Name / Address of Applicant) have gone through the terms and conditions of the tender
document issued by KIAL
As per the requirement of KIAL, I / We have checked and verified the information given in the
above table and certify that the above information is true to the best of my / our knowledge and
nothing wrong is contained therein.
I / We are attaching herewith the copies of duly audited balance sheet and profit and loss account for
the last audited financial year.
(Signature of Authorized Signatory with seal)
b) CERTIFICATE FROM STATUTORY AUDITOR FOR NET WORTH CRITERIA
We certify that the ------------------ ( Name of the Applicant) has a minimum Net Worth of ------------
based on the last Audited Annual Accounts and that the methodology adopted for calculating such
networth conforms to the provisions of Clause 2.2 (e).
Name of the audit firm:
Seal of the audit firm: (Signature, name and designation of the authorized signatory). Date:
44
ANNEX VII
Details of Paid Up Capital of Applicants
1. Details of persons resident outside India holding 15% or more of the paid up capital of
the applicant may be furnished
2. Is the applicant or its partners/members controlled by person(s) resident outside
India?
3. If the answer to the question No.2 is Yes, details of such persons may be furnished.
45
APPENDIX - II
Power of Attorney for signing of Application {#}
Know all men by these presents, We____________________________________________________________
__ (name of the firm and address of the registered office) do hereby irrevocably constitute,
nominate, appoint and authorize Mr./Ms. (name),______ ________________________________________
_____________ son/daughter/wife of _____________________________________________________ and
presently residing at ____________________________, who is presently employed with us/
the Lead Member of our Joint Venture/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, so long as he is in the employment of
the company and cessation of employment is duly notified to the Authority in writing and
Power of Attorney is revoked, all such acts, deeds and things as are necessary or required in
connection with or incidental to submission of our application for pre-qualification and
submission of our bid for Detailed Designing, Engineering, Procurement and Construction of
Earth Work and Pavements for Runway, Basic Strips, Turning Pads, Taxiways, Apron, Access
Roads, Drainage System, Related Retaining Structures, Formation Platforms for Landside
facilities and Design, Supply, Installation, Testing and Commissioning of Airfield Ground
Lighting System, Visual Aids for Navigation and Bird Hazard Reduction System for proposed
Kannur International Airport, Kerala, India under the Kannur International Airport Limited (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, 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 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
NAMEDPRINCIPAL HAVE EXECUTED THIS POWER OF ATTORNEY ON THIS
__________________________________
DAY OF _________________ 2013
For
______________________________
(Signature, name, designation and address) 46
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.
{#}-Modified as per Corrigendum-II
47
APPENDIX III
Power of Attorney for Lead Partner/Member of Joint Venture / Consortium {#}
Whereas the Kannur International Airport Ltd. ("the Authority") has invited applications from
interested parties for Detailed Designing, Engineering, Procurement and Construction of Earth
Work and Pavements for Runway, Basic Strips, Turning Pads, Taxiways, Apron, Access Roads,
Drainage System, Related Retaining Structures, Formation Platforms for Landside Facilities and
Design, Supply, Installation, Testing and commissioning of Airfield Ground Lighting System,
Visual Aids for Navigation and Bird Hazard Reduction System for Kannur International Airport,
Kerala, India.
Whereas, ___________________________, ___________________________, _______________________________________
and ________________________ (collectively the "Joint Venture / Consortium") being
Partners/Members of the Joint Venture / 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 Partner/Members of the Joint Venture / Consortium to
designate one of them as the Lead Partner/Member with all necessary power and authority to
do for and on behalf of the Joint Venture / Consortium, all acts, deeds and things as may be
necessary in connection with the Joint Venture / Consortium's bid for the Project and its
execution.
NOW THEREFORE KNOW ALL MEN BY THESE PRESENTS
We, ________________________________ having our registered office at _______________________________ ,
M/s. __________________________________ having our registered office at
__________________________________ , M/s. _________________________________ having our registered office at
___________________________________ , and __________________________________________ having our
registered office at _________________________________,
48
(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 Partner/Members of the Joint
Venture / Consortium, as the Lead Partner/Member and true and lawful attorney of the Joint
Venture / to queries, submit information/ documents, sign and execute contracts and
undertakings consequent to acceptance of the bid of the Joint Venture / Consortium and
generally to represent the Joint Venture / 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
Consortium (hereinafter referred to as the "Attorney"). We hereby irrevocably
authorise the above appointed Attorney to conduct all business for and on behalf of the Joint
Venture/Consortium and any one of us during the bidding process and, in the event the Joint
Venture / Consortium is awarded the contract, during the execution of the Project and in this
regard, to do on our behalf and on behalf of the Joint Venture / Consortium, all or any of such acts,
deeds or things as are necessary or required or incidental to the pre-qualification of the Joint
Venture / 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 arising out of the Joint Venture / Consortium's bid for the
Project and/ or upon award thereof till the Contract 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/ Joint Venture / Consortium.
IN WITNESS WHEREOF WE THE PRINCIPALS ABOVE NAMED HAVE EXECUTED THIS POWER OF
ATTORNEY ON THIS ________________ DAY OF _________ 2013.
For ______________________
(Signature)
___________________________
(Name & Title)
For
__________________________
(Signature)
__________________________
(Name & Title)
For
__________________________
(Signature)
__________________________
(Name & Title)
49
Witnesses:
1.
2.
(Executants)
(To be executed by all the Members of the Joint Venture / 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.
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.
NOTE
1. Appendix-III need not be signed by the Lead Member and may be signed by other members.
2. The signatory of each of the members signing Appendix-III should be authorized to sign and should hold a valid Power of Attorney.
3. The format as given in Appendix-II intended for Lead Member may be suitably modified to give Power of Attorney to signatory signing Appendix-III.
{#}-NOTE added as per Corrigendum-III
50