Pre-Bid Queries from Mandwa Port LLP Sr. Clause ......Email: [email protected] . 3 Pre-Bid Queries from Mandwa Port LLP Sr. Clause Description Query / Clarification MMB Response 6. 3.1

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Pre-Bid Queries from Mandwa Port LLP

Sr. Clause Description Query / Clarification MMB Response

1. 2.2 It is provided that the Ferry Service

would have to start within 60 days

of receipt of

LOA

The Commencement of service would be subject to satisfactory hand over of the premises at both ends of the Ferry terminal as well as availability of all licenses and approvals for operation of the Ferry service. The time period of 60 days should be after the signing of the concession agreement.

As per Clause 10.4, A formal agreement shall be entered into, between MMB and the Successful Bidder, upon completion of all the conditions of LOA by the Successful bidder. MMB shall handover the premises at Mandwa within one (1) week from date of signing the Agreement. RFP condition shall prevail.

2. 2.3

3.1

It is assumed that minimum depth

throughout the route between the

two ferry is 3.0m below chart

datum

Water Depth to be maintained by MMB at 3 mt in the approaches to mandwa and alongside the berth

Any additional expense or consequential losses incurred by

the operator as a consequence of the depth being less than

3.0m below chart datum shall be reimbursed to the operator

or alternatively the operator should be permitted to set off

such from dues payable to the authority in this case MMB.

MMB to provide chart which is made by the chief hydrographer office and endorsed by the chart depot. A joint survey to be conducted prior to handing over of the facility to ascertain depth.

As per the RFP.

Bathymetry charts by MMB Hydrographer can be

obtained from MMB office.

3. 2.3 Para Two states that “The shore based facility will be constructed by MBPT”.

kindly provide details on what all facilities are ready at Ferry Warf, area layout plan with dimensions, entry and exit route etc.

Details about the facilities available at the Ferry Wharf can be obtained from MbPT office. PIC: Capt. Karkakre, Deputy Conservator Mob.: +91 9820282613 Email: [email protected]

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4. 3 / 4 Infrastructure. The tender envisages maintenance of building and ancillary

infrastructure by the operator and permits the operator

commercial exploitation thereof.

The operator assumes that the Infrastructure at both ends including the building etc would be sufficient to handle the expected car and passenger load. In case the infrastructure handed over is found to be insufficient by the operator to handle expected traffic and passenger at either end then MMB would be responsible for expansion therof. Operator should be permitted a per-handing over inspection of the infrastructure and point out the deficiencies therein. Any delay in rectifying the deficiencies would be excluded from the tenure of the award. Any expense for the repair of the deficiency of the infrastructure at either end should be to the account of MMB / MBPT and should be either reimbursed to the operator or recovered from the amounts payable by the Operator to MMB /

MBPT

The sewage treatment plant is not in place in Mandwa but is mentioned in the tender. This is a must for sewage disposal for the vessel as per port norms as well

Existing infrastructure is sufficient and may be

visited by the prospective operator before

submission of bid.

MMB shall provide the structural warranty for the infrastructure, built by MMB at Mandwa and shall be responsible for repairing major structural defects.

This warranty shall be valid for the term of the

agreement.

Sewage treatment Plant (STP) of 2 MLD capacity

shall be installed by MMB at Mandwa terminal

within 18 months.

5. 3 No detail has been provided in

respect of Ferry Warf Terminal.

The Operator would assume that the terminal on the Ferry Wharf side would be similar to the description of the terminal at Mandwa as provided for in the RFP. Any difference or deficiency thereof shall be to the account of MMB.

The RFP issued is for ferry operations and terminal operations at Mandwa only. MMB is not responsible for the terminal facilities at Ferry Wharf. Details about the facilities available at the Ferry Wharf can be obtained from MbPT office. PIC: Capt. Karkakre, Deputy Conservator Mob.: +91 9820282613 Email: [email protected]

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6. 3.1 It is expected that the vessel be replaced after the “Operating life of vessel” is over

The Operator would assume that the Operator would be permitted to use the Vessel till such time a government regulation does not require compulsory de-commissioning or discarding of the Vessel.

The vessel shall be permitted for use based on the

surveys and inspections as mandated under relevant

Indian Rules and Acts.

7. 3.1 The Operator is expected to obtain all necessary approvals, licenses and permits to operate the Vessel as well as carry out operations on both sides of the Ferry terminal including for storage of petrol and other flammables as well as commercial exploitation of the infrastructure at both ends.

MMB / MBPT should designate a one window clearance

authority in consultation with the State government /

Maritime Authority for granting of such approvals.

Any approval / permission that is required from MMB / MBPT would be assumed to have been granted unless MMB / MBPT reverts with reasoned rejection / queries in respect of the same.

MMB will help and facilitate in getting the

permissions.

8. 4.2 (v)(vi)

Various items mentioned in this

clause suggest building of

infrastructure including installation

of lift / flooring etc.

While conducting any modifications written approval from authority will be taken

Since the Operator would be responsible only for the maintenance of the terminals at both ends, initial infrastructure should be provided as per the hand over process by MMB / MBPT at its expense. Please define authority as this delays clearances and we would request a one window system for smooth and efficient operation.

Any application submitted to MMB should be cleared within a period of maximum 15 days of submission otherwise it is construed as accepted by MMB and the operator can start operations/work.

The existing infrastructure is being provided to the selected operator on an “as is where is” basis and is considered adequate. Any infrastructure required at Mandwa (in addition to the existing infrastructure) shall be developed by operator with no cost to MMB and with a prior written approval from MMB and other relevant authorities. Any permission sought by the Operator cannot be presumed as approved. No permission shall be considered as approved unless the same is received by the Operator in writing from the relevant Authority. MMB will respond on the request, within 15 working days, from the date, the approval is sought by the selected bidder. In absence of this response, the request shall be deemed approved, provided,

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however, that the desired permission is solely within the jurisdiction of the MMB.

9. 5.1(ii)

(iii)

(iv)

It appears from the RFP that trucks

and commercial cargo cannot be

carried.

Speed of the vessel should be such

that distance covered is in max 60

mins

This provides incorporation of an

additional vessel once the

utilization reaches 70% in 6 month

period.

Operator should have the option of carrying trucks with cargo

/ oil tankers / chemical tankers as well

The time should be subject to weather permitting and always

unforeseen circumstances exempted.

The time lines are not feasible and timeline for 2nd vessel

arrival from receipt of demand should be 3 months instead.

Operator submits that the utilization be computed over a 12

month period to account for lean seasonality during

monsoon period.

Operator is only allowed to carry passengers and passenger vehicles. No trucks and cargo movement are allowed through ferry. RFP conditions prevail for RoPax speed. Exceptions may be allowed during very adverse weather conditions. RFP conditions prevail for timelines for vessel arrival. RFP conditions prevail for computation of utilization.

10. (vi)

(vii)

(xii)

Clause requires all weather and 24x7 operations barring extreme weather conditions as declared by the IMD

Vessel should be able to operate in

all tidal range

Please confirm if it should be the Operators decision to take decisions for suspension of operations considering safety of life and property of the passengers.

Clause needs to be deleted as on certain days when there is

a minus tide there may be a non operation. The clause in its

current form would mean default of the contact.

MBPT/ MMB to ensure no union interference.

MMB and MbPT issue warnings based on IMD information from time to time. The operator can decide the operations schedule based on these warnings. However, in all cases, the responsibility of the safety of the operations shall rest with the Operator.

RFP conditions prevail for tidal range.

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(xv)

(xviii)

(xix)

Mooring Gang to be provided at both ends for handling of vessels Proposed vessel should not be more than 12 years old The operator shall provide all passenger related facility on board like snack, drinking water, washroom, etc The operator shall coordinate with MMB / MBPT for scheduling operation of RORO

The Import guidelines allow for vessel upto 22 years to be imported please remove the age restriction. All faculties can be provided however some of them will be paid for and not all will be free. Operator can work with MMB / MBPT however 24 hour operation should be permitted. Operation in monsoon should not be hampered due to provision in the ACT

RFP conditions prevail related to age of the vessel.

Operator to provide basic amenities like drinking water and use of washrooms free of cost.

Operator to follow MbPT allowed schedule for RoRo operations i.e. from Sunrise to 11 PM and Monsoon restrictions.

11. 5.2 Operator has been permitted to operate the terminal after obtaining necessary approvals

The Operator should also be permitted to use the terminal for other types of vessels / boats including leisure vessels.

Cargo movement is strictly not allowed. The designed jetty is only for RoPax operations.

12. 5.2 (iv) Requires operator to ensure that water supply is available 24x7. However in the RFP, MMB is responsible to provide fresh water.

It is assumed that the pressure and volume of water made available by MMB would be sufficient to ensure a 24x7 water supply

The water supply by MMB shall be sufficient at Mandwa terminal.

13. 5.2 (iii) Requires operator to “provide waiting hall”

Since the Operator is only required to maintain and operate the terminal facilities, this clause would be interpreted to mean that the Operator is required to make available the waiting hall as constructed by MMB

Terminal building already in place at Mandwa.

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14. 5.2 (vi)

(vii)

(viii)

(ix)

(xi)

(xii)

(xiii)

(xv)

Operator is permitted to

commercially exploit terminals

Events / conferences/ etc need approval

All commercial activity needs approval

Storage of inflammable items is not permitted

Emergency operation

Maintenance work

MMB / MBPT will provide fresh water connection.

Bidder will not be allowed to sublet

Since the Operator is permitted to undertake commercial

activities at the terminal and surrounding infrastructure, the

Operator would be permitted such activities independent of

the hours of operation of the RORO service.

Please define authority / and approval requirement. For the

ease of operation it is recommended that there be a single

window system to avoid confusion.

Fueling operations will be required at both ends so this needs to be amended to allow for fueling / bunkering to be allowed. If the emergency is not created by the operator or its staff the operator should be empowered to recover damages / losses from whomsoever is responsible / created the emergency situation Proper documents of equipment’s acquired should be given to the operator for documentation keeping as such warranties of gen set / street lights/ etc is transferred to the operator. Post warrantees operator can be responsible for maintenance work. As per RFP fresh water needs to be supplied by the operator on 24 hour basis. If MMB / MBPT do not provide the connection then MMB/ MBPT should be responsible for supplying the water at their cost. All revenue models for commercial exploitation will be on sublet basis only. This is contravention to the principal of the contract for commercial exploitation.

The commercial activities (as approved by MMB and

other concerned authorities) at the Terminal are

independent of the time of the Operation of RoRo

service.

Operator shall be responsible for receiving all the

necessary statutory permissions from concerned

authorities.

Permission for fueling operations will be given by

MMB.

The Operator is free to recover damages from

responsible parties provided MMB and MbPT

remain indemnified at all times.

Documentation will be provided to the Operator

Water supply at Mandwa will be 0.21 MLD. Any

requirement over and above this quantity will be

borne by the operator.

Please refer Clause 5.2 (15). The clause reads as –

‘The Bidder will not be entitled to sublet, sub

contract or assign the work under this contract

without the prior consent of MMB obtained in writing

provided that even in the event of such subletting or

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5.4(vii)

5.5 (ii)

(iv)

5.6 (i)

Operator shall conduct ticket sales and accept all major credit and debit cards

Audits by MMB

Operator will provide supervision and direction for safety loading and unloading and all operations form the ferry. All areas of the terminal are non smoking and operator will be responsible for enforcing the same

Security and emergency response

the internet connection availability and speed of data transfer is not very good at terminal, while bidder may try their best to accept all major and credit card and debit card, the accessibility can not be guaranteed as the access protocol is third party service, in view of this bidder will be under no obligation to issue tickets against debit or credit card only and the ticket issue staff / cashier present on counter will have authority to decline credit or debit card in-case the internet connectivity is not adequate. MMB / MBPT to confirm this. MMB to give minimum 3 working days notice for carrying our any such audit and also such audit / inspections shall not be conducted in a manner that it affects operational aspects / revenue generation. Operator will have right to collect fine as operator deems fit from those who are found violating the rules Operator can not be held responsible for medical emergencies as operator is not controlling anyone’s health but merely providing a ferry transport services, at best

assigning the work under the contract by Bidder, the

Bidder will be bound by the obligations under the

Contract.’ Hence, subletting is allowed subject to

MMB’s prior approval.

Please refer 5.4 (vii). The clause talks about

acceptance of all major credit cards and debit cards

and e- payment facility for transactions. The

Operator should have infrastructure in place for the

debit and credit cards. However, the same does not

mean that cash mode is not accepted.

RFP condition prevails with reference to Audits.

Operator has the freedom to collect fines as per

relevant Government rules.

The clause can be reworded to “The operator shall

be prepared for vessel emergencies and medical

emergencies at docking sites and at the mandwa

terminal site.

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5.7 (i)

Statutory requirements

operator should be able to provide Doctor / ambulance on call. No rules, regulation, orders, circulars etc be issued in a manner that compliances by the operator results in financial loss / affects ongoing operations adversely, in case the rules, regulation, orders, circulars etc issued by government agencies / authorities results in financial loss how would MMB / MBPT compensate for such loss.

MMB / MbPT shall not be responsible for any

commercial losses.

15. 7.1

(iii)

(iv)

(vii)

(ix)

(x)

(xi)

(xiv)

7.2(v)a.

7.2(viii)

Bidding process

EMD of 25,00,000/- Bid validity

360 days

In the event of a tie

Selected bidder within two working days…

LOA / BG

Subsequently for succeeding two years

On fulfillment of conditions an agreement will be signed. The operator will have to start the roro service from 60 days of LOA

3 consortium members

Can this be submitted by FDR

Should be reduced to 90 days

would such negotiation be held privately with each bidder or

will be an open house negotiation involving both the bidder

at the same time

2 working days shall be extended to 5 working days.

It is PG of Rs 50 Lakhs not a deposit with MMB same needs to be clarified. As then how is the question of interest arising ??

Annual premium of 53 lakhs, please explain? Apart from

revenue share and everything why pay this in additional?

this shall read as “after 60 days of signing of agreement”

Delete 3 and make it 4 consortium members – as this will give flexibility in both roro and terminal operations.

RFP condition prevails for EMD amount.

RFP condition of bid validity prevails.

In the event of a tie – the revised bid in closed

envelope will be called for, from the tied parties in

the open house.

RFP conditions prevail.

Noted. Performance security is in the form of BG

This is bare minimum required to be paid.

RFP condition prevails.


RFP condition prevails regarding ticket pricing.

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(xii)

7.3(i)

(ii)

(iii)

8.3(i)

8.4.2

Selected bidder will take approval from MMB to decide tariff Manning for the RORO with terminal ops and maintenance shall comply with statutory req Change in ownership The lead member or single winning bid Any change in shareholding Technical qualification Consortium of 3 bidder Commercial evaluation

Tariff is and should be at the sole discretion of the Operator in order to do dynamic pricing and also App based marketing and ticketing. Bidder shall be permitted to charge what feel is right tariff and no approval from MMB or any government authority shall be applicable in this regard. MMB or any other government agency shall have no say in this matters. kindly provide list with contact details of all such competent authorities from whom approval / permission / license is required for starting Terminal and Ro-Ro ferry operation. Also provide which authority is responsible for issuing what / which Approval / permission / license. Also confirm the binding time line with in which each of the authorities listed shall grant approval

Consortium should be allowed to change the configuration at

anytime and bring in additional partners or dilute the holdings

Delete and keep minimum ’26%

MMB should allow the winning bidder to raise funds once

awarded the contract. The shareholding pattern can be

changed, at the discretion for the winning party.

4 members in a consortium Bidder should be allowed different revenue share for tickets and others. Can only take the revenue share of the selected bidder, can’t take that of the sublets as otherwise can be double/ triple payment.

Operator shall be responsible for receiving all the

necessary statutory permissions from concerned

authorities.

RFP condition prevails regarding change in

consortium members and minimum holding.

RFP condition prevails about different revenue share. Further details will be indicated in the Agreement. The statutory levies include MMB and MbPT payments

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Clause 10.4

Clause 11

Signing of agreement Payment by the successful bidder Any delay in payments to MMB would attract an interest of 18% p.a as outstanding amount

Should read as - (after deducting statutory levies and other taxes, and MMB and MBPT payments) 15 years should be from the date of signing of such agreement and 60 days start from date of signing of agreement to bring in the vessel. Annual Premium of Rs 53 Lacs is for what – Need complete clarification of same as is this after sharing of gross revenue share? further need clarification for

1. When is this payable and due from date of commencement of operations – and for period of 15 years ?

2. What is the facilities being offered by MMB for charging Rs 53 lacs ? Who bears the GST on same or is it waived ?

This is not acceptable.


Refer above. It is payable at the beginning of every

year for the period of 15 years. Also, the Annual

Premium is subject to escalation by 5% over the

preceding year’s amount every year.

RFP condition prevails for interest charges on

delayed payments

16. 12 Termination Termination can be initiated only after a written notice of 90 days for rectification and if the event remains non-rectified then termination may be effective.

Detailed conditions shall be added in the Agreement

17. RFP provides that explosive material cannot be stored at the terminal

Operator assumes that MMB would either provide separate facilities to store material such as Petrol, Lubricants, LPG etc at the terminals to enable commercial exploitation of this condition would be relaxed.


18. Additional questions and requirements not addressed in the RFP

Duty free bunkers. Request for Duty free bunkers. The govt has allowed costal trade to be allowed to use duty free bunkers if the same provision can be made for the RORO. What will be the GST norms applicable on ticket sales. MMB to confirm no GST applicable on IV class vessel.

Operator to follow the prevailing rules with reference to bunkers.

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Separate gangway to be made for passengers offloading at Mandwa and Ferry wharf, this is a must for safety of passengers and ease of travel. MMB to provide shore power for barges / vessels that come alongside according to the new circular released. Joint survey of the channel to take place and the same should be maintained by MMB to avoid any problems. Past Pilot exempt for Ropax vessels.

As per current guidelines, GST is not applicable on ticket sales. However, any change in guidelines will be adhered by the operator. Separate Gangways not required. The vehicles and passenger can access RoRo from the same vessel ramp. This provision is not available at Mandwa terminal. Bathymetry surveys shall be undertaken by MMB every year, post monsoon.

19. MBPT needs to confirm the following

1. Allow Ropax vessel to be parked alongside at a specific berth at Night when not in service.

2. Allow a dedicated berth for the Ropax movement enable to plan the movement of vehicles and pax.

3. Allow Bunkering and Sewage and Fresh Water and other facilities to be carried out around the clock if need be.

4. Allow 24 hours operations from this specific berth 5. What are the dues payable to Mbpt including pax and

vehicles levy etc for the entire duration of 15 years from date of commencement of service.

6. We need to have some document executed with Mbpt and

MMB – which allows MMB to offer all these services to the Ropax operator as don’t want a situation later on when Mbpt says they have not agrred anything with MMB.

Scope of this tender does not include terminal at Ferry Wharf.

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Additionally, we would need the following clarifications from MMB and MBPT:


MMB To clarify following MBPT To clarify following

Statutory passenger levy : What is the amount / % per passenger and provide GR copy / government order copy , also confirm that this levy will remain same for the entire period of 15 years or will it change if yes how much and when

Statutory passenger levy : What is the amount / % per passenger and provide GR copy / government order copy , also confirm that this levy will remain same for the entire period of 15 years or will it change if yes how much and when

As per clause 11 of RFP document, the mentioned charges are waived off for first 3 years of RoPax operations. After the 3 years duration, the prevailing charges shall be applicable to the operator.

*Passenger License Fee : What is the amount / % per passenger and provide GR copy / government order copy , also confirm that this levy will remain same for the entire period of 15 years or will it change if yes how much and when

*Pilotage Charges or Water Conveyance Charges :

Why shall a pilotage charges are applicable, this is

only a cross Harbour ferry operation and no pilotage

is required.

*Port Dues : Is this onetime payment per year / for entire contract period ?, and how it is to be calculated, will the amount remain same for entire 15 year contract period or will it change , the port is handed over to private party against fees payable , whys shall they pay port dues in addition, , this shall be done away with.

*Port Dues : : Is this onetime payment per year / for entire contract period ?, and how it is to be calculated, will the amount remain same for entire 15 year contract period or will it change , the port is handed over to private party against fees payable , whys shall they pay port dues in addition, , this shall be done away with.

*Transshipment charges : what are this charges, how are they calculated, how they have to be paid, will such charges remain same for the entire agreement period or will they increase and if yes when and how much.

*Vehicle Levy : the terminal along with its infrastructure is handed over to private operator, why shall operator pay such levy over and above the fees operator is already paying, this shall be done away with.

*Berthing Charges : the terminal along with its infrastructure is handed over to private operator, why shall operator pay berthing charges over and above the fees operator is already paying, this shall be done away with.

*Berth Hire charges : an operator is provided with terminal and associated infrastructure against a fee payable, why shall operator pay additional berthing fee over and above fees operator is already paying, this shall be done away with.

*charges of mmb and mbpt to be waived off for the operator for the first 3 years.

The charges need to be fixed for entire period and cannot keep changing.

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Additional Pre-Bid Queries from Mandwa Port LLP received by Email dated 13.08.2018

Sr. No. Bidder Query MMB Response

1.

Clause 8.4.2- Commercial Evaluation

The Gross Revenue (after deducting statutory levies and other taxes), including but not limited to from the sales of tickets as well as from the sale of food, merchandise, advertising etc- on board vessels and at the terminal.

This should be amended as cannot calculate the revenue share on the terminal operations as an annual premium is already levied on terminal operations.


2.

Clause 8.5- Final Score

Proposals will be ranked according to their combined technical (St) and financial (Sf) scores using the weights as following S = St X T% + Sf X F%

Where as Sf is calculated on the Gross revenue score (commercial evaluation) of the bidder and St is on the technical criteria.

The final score calculation is made on the commercial evaluation and on the technical evaluation but don’t not take into account the financial scoring criteria. Please clarify this calculation.

Please refer clause 8.4.1 of RFP- the financial scoring is a part of technical evaluation.

St shall be calculated as sum total of the marks obtained in each criteria under “Technical Scoring” and “Financial Scoring” criteria.

Sf will be calculated in accordance with clause 8.4.2 of RFP.

The final score shall be in accordance with clause 8.5 of RFP.

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Pre-Bid Queries from Indigo Sea Ways

Sr. No. Clause Particular MMB Response

1 2.2. Project The Selected Operator shall have to start the ferry service within 60 days of the receipt of the Letter of Award from MMB.

After opening of Financial Bid on 27-08-2018, please clarify on the time period within which LOA shall be awarded to the Successful Bidder.

LOA will be issued within 1 working day after opening of Financial Bid.

2 2.2. Project Approximately 14 lakh passengers travel each year from Gateway of India (Mumbai) to Mandwa (Raigad) waterway using the existing passenger ferry services. Traveling by water transport saves time and hence the tourists too prefer to use the passenger ferries at the Gateway of India.

Request you to share the backup survey data towards the same.

The snapshot of the traffic forecast by IIT Bombay is provided for reference.

3 2.3. Location “The shore base facilities at Ferry Wharf will be constructed by MbPT”

Request to kindly confirm towards the completion of this activities at Ferry Wharf.

The facilities at Ferry Wharf are already constructed.

4 2.3. Location The route shall be: Ferry Wharf to Mandwa (approximately 10 Nautical Miles) ‐ for Ro‐PAX ferry service. Minimum depth expected to be available en‐route and at berth is 3.0 m below chart datum (cd). & 3.1. Berthing of vessels i. The length of the berth for Ro–Pax vessel constructed at Mandwa, is 100 mtrs and ramp width is 20 mtrs. Water depth to be maintained by MMB, in the approaches to Mandwa terminal would be 3.0 mtrs below chart datum (-3.0 m CD).

Request to kindly provide related certified charts for understanding the depth of channel at ferry wharf and Mandwa.

Bathymetry charts by MMB Hydrographer can be obtained from MMB office.

5 3. Infrastructure Details Request you to provide details and drawings of Marshaling yard at Mandwa and Ferry Wharf and other infrastructure facilities which will be provided by MMD & MbPT.

Details for Mandwa can be obtained from MMB office and details for Ferry Wharf can be obtained from MbPT office. PIC: Capt. Karkakre, Deputy Conservator Mob.: +91 9820282613

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Email: [email protected]

6 3.1. Berthing of vessels ii. The selected Operator shall procure or long term hire/charter with all the necessary permissions to ply within inland waters, suitable vessels for the terminal at Ferry Wharf and Mandwa. The vessels in operations shall be replaced when operating life of the vessels is over during the course of executing the services as per the contract.

There is limitation in replacement of vessel until expiry of useful life. However if there is a more suitable vessel that is available for the route, this flexibility for replacement of vessel should be provided.

A vessel meeting or exceeding the required criteria as per RFP / LOA / Final Agreement documents may be employed subject to prior written approval from MMB.

7 3.1 Berthing of vessel Request you to kindly clarify on provision for overnight berthing at Ferry Wharf.

RoRo operations are subject to MbPT allowed limits i.e. from Sunrise to 11 PM and monsoon restrictions.

8 3.2. Terminal: a. Terminal Building b. Road Surface Paved with concrete

c. Generator Room & Generator Set

d. Street Lights

e. Sewage Disposal System

f. Crowd management and Ticketing

g. Golf Carts

h. Landscape Garden

Please provide detail layout of Mandwa jetty and ferry wharf. Are Generator Room & Generator Set provided and tested? Is Sewage disposal system ready and in operation ? and if not then by when will it be ready? Are Golf carts provided ? Landscape Garden provided ?

Detail layout can be obtained from MMB for Mandwa terminal. Generator set of 100 kVA is provided. The Operator will be responsible for its operations (including fuel expenses) and maintenance (as per OEM instructions). Also, future replacement or additional sets, if needed, will be taken care by the Operator at its own cost. Sewage treatment Plant (STP) of 2 MLD capacity shall be ready for use within 18 months. Golf carts are not provided. A basic landscape of the terminal has been done. Any landscaping beyond this to be done by the operator at its own cost.

9 4. Scope of work & 5. Criteria of Operations The entire scope of work & criteria of operation along with related clause talks about only Mandwa jetty. Request you to kindly clarify the same towards ferry wharfs also.

The RFP issued is for ferry operations and terminal operations at Mandwa only. Details about the facilities available at the Ferry Wharf can be obtained from MbPT office. PIC: Capt. Karkakre, Deputy Conservator Mob.: +91 9820282613

Email: [email protected]

mailto:[email protected]

mailto:[email protected]

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10 4.2. Terminal Operations: Point iii & v iii) Conducting civil works/ interior works as needed and ensuring necessary statutory clearances and approvals for smooth operations at the Mandwa Ro-Ro Jetty and Terminal. This shall include but not be limited to: a. Installing necessary furniture and fixtures for smooth operations in the terminal building b. Install required electric fixtures and air conditioning equipment (apart from those provided by the authority) in the terminal building. c. Procuring/ leasing/ outsourcing equipment such as baggage scanner, x-ray body scanner, baggage handling equipment/ vehicle and trolleys etc. as per best industry standards; d. Ensuring all required statutory approvals for operation of the terminal. e. Installing of firefighting works as per statutory requirements. f. Development of viewing gallery or as envisaged by the operator with prior approval from the authority. V) The operator may also carry out the following as per his requirements a. Flooring, painting and furnishing of terminal building.

Please note that any infrastructure related capital investment done by operator at both the terminal shall be tailored made for those specific terminal operations and become the permanent part of terminal infrastructure. On completion of concession period every asset at terminal shall belong to MMB. So, MMB should provide all related infrastructure & auxiliary requirement mentioned in point iii & v or anywhere else within the tender document. Item b: Is Air conditioning a must ??? which will have huge impact on operations cost " Item d: Various clearances: This will entail much interaction with various Govt. bodies , therefore MMB is most suited to get Various clearances obtained for terminal operations. Hence the scope of this job to be under MMB and not the operator. Item e: Firefighting: Being statutory item which will need approval & clearance from Govt. Authorities therefore "Firefighting works as per statutory requirements must be under the scope of MMB ". Alternatively, If operator is investing in such developments, then operator should be able to recover the same within the concession period.

Operator to prepare a list of additional infrastructure and auxiliary requirements as per their business planning and obtain prior written approval from MMB for carrying out changes / installation of the same. Requirement of air conditioning - To be assessed by the operator. As mentioned in clauses 5.2 and 5.7 of RFP document, responsibility of obtaining the various required permissions / approval from relevant authorities lies with the Operator. RFP conditions prevail. Operator to obtain the various required permissions / approval from relevant authorities for fire fighting works. It is up to the operator to work out commercials and recover the expenses from provided and allowed services at Terminal and by ferry operations.

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b. Developing terrace area for commercial use such as for rooftop restaurant etc. (after obtaining all statutory approvals) c. Installing elevator/ lift, air conditioning units, electric fixtures as required in the terminal building. d. Up scaling the aesthetics of the site area by taking necessary statutory approvals and prior approval of the authority

11 4.2. Terminal Operations: Terminal Operation to be in the scope of operator for both Ferry Wharf and Mandwa or only Mandwa? If only Mandwa request you to kindly provide information on managing the Ferry Wharf terminal and what will be the level of access at the ferry wharf terminal.

The RFP issued is only for operations of RoPax ferry and terminal operations at Mandwa. Ferry Wharf terminal operations shall be allotted by MbPT as per their process.

12 5.1. Ferry Vessel iv. Once the average capacity utilization of vessels in operation reaches 70% in the last consecutive 6 months period, the Successful bidder will be required to deploy additional vessel into service within one month, failing which MMB will have the discretion to call for fresh tenders for additional vessel.

Kindly increase the additional vessel deployment time period to 180 days, as time required for financial closure and drying docking, inspection & procurement process completion of vessel.

RFP conditions prevail regarding deployment of additional vessel(s).

13 5.1 Ferry Vessel Vessel should have twin screw and stern and bow thrusters or any other propulsion system which can undertake such type of maneuvering.

Is Bow thruster and stern thruster mandatory??? Operator to fulfil performance requirements as mentioned in RFP / LOA / Final Agreement documents with or without thrusters.

14 5.1. Ferry Vessel x. Lashing arrangement is to be provided for vehicles in the vessel to prevent shifting of vehicles enroute.

Lashing arrangements will be available but should not be mandatory for such short runs, only in extremely heavy weather it should be mandatory

RFP conditions prevail regarding lashing arrangements.

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15 5.1. Ferry Vessel xv. The proposed vessel/s should not be more than 12 years old on starting of the service.

Request to kindly amend the same as following : “The proposed vessel/s to preferably under 12 years old, but must not be more than 18 years old on starting of the service.”

RFP conditions prevail regarding age of the ferry.

16 5.1. Ferry Vessel xvii The operator should ensure suitable insurance for the passengers.

& 5.7 Statutory Requirements iii The operator shall be responsible to obtain all the necessary insurances for movable and immovable properties, passengers, cars, trucks, bus, etc.

Please note, both mentioned point are contradictory. For, Ro-Pax service, only insurance for the passenger should be applicable, as insurance for cars, trucks, bus, etc is already taken by respective owner of vehicle and same is valid at vessel. Also, Insurance for movable/immovable terminal assets should be covered by MMB.

RFP conditions prevail regarding insurance.

17 5.1. Ferry Vessel xix. The operator shall co-ordinate with MMB and MbPT for the operation and scheduling of Ro- Pax services.

This point is irrelevant. Also, whether the jetty/berth & shore based facilities at Mandwa & Ferry Wharf shall allow berthing of vessels other than this project or it is solely for the use of Ro-Pax Operator of this project?? Kindly clarify.

RFP conditions prevail. Operator to coordinate with MMB and MbPT. Berths at Ferry Wharf and Mandwa terminal are for exclusive use of RoPax services.

18 5.2. Terminal Storage of any inflammable items including fuel for the vessel is not permitted on Terminal area unless specifically permitted by MMB and concerned authorities.

Kindly clarify on supply of fuel / bunkering facility for Ro-Pax vessel.

Fueling permission will be given by MMB.

19 5.2. Terminal 15. The Bidder will not be entitled to sublet, sub contract or assign the work under this contract without the prior consent of MMB obtained in writing provided that even in the event of such subletting or assigning the work under the contract by Bidder, the Bidder will be bound by the obligations under the Contract.

Mandating to consent of MMB to be as the final obligation under the contract is off successful bidder. So kindly consider the following: “The Bidder shall provide prior intimation to MMB to sublet, sub contract or assign the work under this contract. Even in the event of such subletting or assigning the work under the contract by Bidder, the Bidder will be bound by the obligations under the Contract.”

RFP conditions prevail i.e. subletting is strictly subject to prior approval from them.

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20 5.5. Maintenance of the vessels & Terminal area

Maintenance of The shore based terminal facilities at Mandwa including the approach jetty, turning platform, floating pontoon with link span assembly, mooring dolphins, marshalling yard (for about 130 cars) and terminal building, break water needs to be in the scope of MMB. Similarly, shore based terminal facilities at Ferry Wharf needs to be in the scope of MbPT/MMB. Maintenance under warranty period to be under the scope of MMB.

MMB shall provide the structural warranty for existing infrastructure at Mandwa terminal for the Agreement duration.

21 5.5. Maintenance of the vessels & Terminal area

Request you to kindly provide details on provision for disposing all kind of waste generated from the vessel and both terminals.

Operator to arrange for waste disposal at its own cost. Sewage treatment Plant (STP) of 2 MLD capacity shall be installed by MMB at Mandwa terminal within 18 months.

22 7.1. Brief of the bidding procedure iii. The applicant shall also have to deposit Earnest Money Deposit (EMD) of INR 25,00,000/ (Indian Rupees Twenty Five Lakhs only) as bid security to be paid by Net Banking only. The EMD of unsuccessful applicants shall be returned (without interest) within 30 days from the issuance of Letter of Award to the Successful Bidder. EMD of the Successful bidder shall be returned after submission of Performance Guarantee.

Request you to kindly allow 25 lakhs as EMD in a form of Bank Guarantee.


23 7.1. Brief of the bidding procedure xi. Subsequently, for the succeeding 2 years, henceforth, the successful bidder shall furnish performance security of a total amount which will include; a. the highest annual revenue share, as accrued during the preceding 2 financial years, and,

Request you to kindly waive off submitting this performance security as a.) Currently no RoPax service operating and so highest annual revenue share for preceding 2 financial year is not calculated.

RFP conditions prevail. The bidder’s understanding is not correct. RFP condition mentions about the duration after the “Initial Period”; within which operator shall have more than 2 years of ferry operations experience between Ferry Wharf and Mandwa.

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b. the amount of Annual Premium of Rs. 53 Lakhs. The Successful bidder will be required to maintain performance security throughout the Agreement term, to be updated every two years failing which, MMB reserves the right to annul the Letter of Award.

b.) Successful bidder shall be submitting performance guarantee for 50 lakhs and renewing it every 2 years, so additional performance security off annual premium (53 lakhs) should be waive off.

Performance Guarantee and Annual premium are separate items. Bidder to adhere to the RFP conditions.

24 8.3. Eligibility Criteria Financial Qualifications

How will the financial qualifications work? In the ratio of shareholding in the project?

As mentioned in clause 8.3 of RFP – “In case of a consortium, the combined experience and positive net worth of all the bidders, as required under Technical and Financial Capacity may be counted.”

25 8.4.1. Technical Evaluation Please note that in spite of the nature of core business being Ro-Pax operation (a Marine connectivity) only maximum of 04 marks are allotted to vessel procurement strategy which is one of the most critical aspect of the overall project. While 25 marks are allotted to experience of Jetty/Hospitality under point 4, which not a core business activity but a fringe activity to the project. Hospitality not being the core business activity in the RoPax connectivity. Its suggested that Hospitability be removed from the list. Request you to kindly review and do the necessary and correct allotment of technical evaluation marks for the overall success of project& to ensure that you have health competition.


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3 Presentation to the Selection Committee on the quality of proposal submitted

Total 20 marks. Minimum 10 marks to be obtained Points to be considered 1. Brief description of similar services provided elsewhere - 2 marks 2. Project appreciation for proposed ferry service - 4 marks 3. Narrative summary of market served and marketing campaign to advertise service - 4 marks 4. Describe resources and experience available with bidder to provide operation, marketing and management of proposed ferry service - 2 marks 5. Present credentials of proposed key staff and personnel that would be involved in the ownership and operation of the ferry service - 4 marks 6. Vessel procurement strategy - 4 marks

4 Experience in operations and maintenance of a Passenger Terminal/ Jetty/ Hospitality*

For Passenger Terminal: More than 3 years: 15 marks For 1 – 3 years: 10 marks For Jetty / Hospitality More than 3 years: 10 marks For 1-3 years: 5 marks

26 8.4.1. Technical Evaluation Technical Scoring Criteria

Kindly consider experience of Operation and Maintenance of a Ro-Pax Service & terminals only.


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4. Experience in operations and maintenance of a Passenger Terminal/ Jetty/ Hospitality*

Request you kindly not consider experience towards only jetty/hospitality as part of technical scoring criteria, as Balance of the ship is more critical in a Ro-Pax than just manning passengers. The core activity being operation of a Ro-Pax Vessel( a Marine Activity) and associated terminal activities higher technical evaluation marks being assigned to jetty/hospitality indicates bias towards such service providers and not towards ferry and terminal operators. Accordingly higher weightage should be given to vessel procurement and deployment strategy and not to jetty/hospitality activities, as passenger will use the service for connectivity and not hospitality.

27 11. Payments by the successful bidder Annual premium of Rs 53,00,000 /- for the terminal operation to MMB

Request you to provide waiver for first 05 year of Ro-Pax operation and after 05 years annual premium to be linked with revenue earned from terminal operation.

RFP conditions prevail. Also, an yearly increment of 5% is applicable on preceding year’s Annual Premium amount.

28 11. Payments by the successful bidder Statutory passenger levy. Annexure - VI commercial proposal % share of Gross Revenue Share.

Please note, MMB is already charging % share of gross revenue from the operator as a part of commercial proposal. Now, if operator also has to pay statutory passenger & vehicle levy also, this would only increase financial burden of the operator, which may be passed on to the end user i.e. passenger, thereby making the services expensive . With very limited revenue stream, payment of both % share of gross revenue & statutory passenger levy is not acceptable.

RFP conditions prevail. Operator needs to pay the % share of gross revenue as well as the statutory passenger and vehicle levies. However, for avoidance of doubt (as also mentioned in clause 8.4.2 of RFP document), the calculation of gross revenue for this purpose shall not include the statutory levies and other taxes paid by the operator.

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Request you to kindly fix a single overall revenue sharing model.

29 11. Payments by the successful bidder

Request you to kindly waive off all levies charges till the end of concession period as levies will kill the trade after 3 years as the services will become extremely expensive considering the expectations of MBPT and MMB. Alternatively, Necessary port due, berth birth hires needs to be fixed upfront on discounted rate of at least 40% of current port due, berth hire charges. These charges to be frozen for the entire concession period considering : A) No Govt. subsidy is given under this project. B) Initial investment in marine asset and Operational costs of the project are very high. C) Tariff for passengers & vehicles has to be kept very competitive as alternates for ferry travel arrangements are available . Hence ferry tariff needs to be kept very competitive ,if not lower than what is available on alternate route i.e Road traffic.


30 11. Payments by the successful bidder

Request for payments of % gross revenue share to be done once a year by end of every Financial Year within 90 days from end of FY


31 Annexure-VI Commercial Proposal I/We further understand that the ticket rates quoted will be frozen for a period of 01(one) year from the date of entrustment of assignment and may be escalated every year, after approval from MMB.

Request to please share the GR copy as you have specifically mentioned that pricing shall be freezed by MMB. Since MMB revenue share is linked to the revenue of the bidder, it will be better if the pricing decision is left to the operator. The fact that there are alternative routes available, hence the natural market & business environment will be prevalent on the ferry ticketing , which will act as regulator.

Pricing of ticket is left to the operator, subject to the approval of MMB.

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Furthermore fuel costs would fluctuate and ticket pricing has to be sacrosanct with fuel cost.

32 Annexure-VI Commercial Proposal I/We further understand that the ticket rates quoted will be frozen for a period of 01(one) year from the date of entrustment of assignment and may be escalated every year, after approval from MMB.

Request you to kindly clarify towards charges payable to MMB for vehicles like Car, Buses,etc.

As per clause 11 of RFP document, the mentioned charges are waived off for first 3 years of RoPax operations. After the 3 years duration, the prevailing charges shall be applicable to the operator.

33 Please note, that tender document do not contain draft of concession agreement. Request you to kindly provide the same.

Draft concession agreement will be provided to the selected bidder along with LOA.

34 Please provide details of shore power connectivity at Mandwa jetty and ferry wharf. Vessel’s power requirements are needed to ascertain this.

35 No clarity on availability and usage charges of electricity at Mandwa Jetty and Ferry wharf. Kindly clarify.

Operator to pay all usage charges at the terminal.

36 Kindly provide details on sewage disposal system for both the terminals. Sewage treatment Plant (STP) of 2 MLD capacity shall be installed by MMB at Mandwa terminal within 18 months.

37 The focus is more on passengers than on Ro‐pax operations and terminal operations related to Ro‐Pax, please clarify.

RFP is self‐explanatory.

38 Please provide necessary information on: 1) How often would MMB carry our depth survey of Mandwa and Ferry wharf channel and its surrounding waters to ensure that minimum guaranteed depths are available. 2) When will MMB have the un‐cleared patches of boulders removed from Mandwa channel. 3) In future is there any proposal to increase Mandwa channel depth to 4 M. 4) Will MMB install a tide gauge to transmit real time tides to vessel. 5) Will MMB install conspicuous leading lights / transit lights in channel and approaches to berth.

MMB will maintain the sufficient depth (3 m below CD) in navigation channel and mark it with required navigational buoys. Also, MMB will carry out bathymetry surveys every year post monsoon.

39 Ro‐Pax service is a coastal trade and so MMB should try to get dispensation on duty of fuel for this coastal trade.

Operator to follow the prevailing rules with reference to bunkers.

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Additional Pre-Bid Queries from Mandwa Port LLP received by Email dated 13.08.2018


3. The Ro-Pax vessel will be permitted to have the NCV master or IV master?? RoPax vessel to follow NCV manning requirements.

4. Vehicles with cargo would be permitted on the Ro-pax? No cargo movement is allowed using RoPax services. Passengers and passenger vehicles are only allowed to be transited through RoPax and not the cargo carrying vehicles.

5. Can the Ro-Pax of the concessionaire from other nearby destinations can use the mandwa terminal facilities for birthing?

If permitted by MMB, the other RoPax vessels will be required to pay all charges/dues as applicable, to MMB and the Mandwa Terminal Operator.

6. Please provide Time Frame by when the Sewage Treatment Plant at Mandwa Jetty shall be ready for operations?

Sewage treatment Plant (STP) of 2 MLD capacity shall be installed by MMB at Mandwa terminal within 18 months.

7. Post acceptance of LOI by successful bidder kindly extend the time period to bring the ropax vessel from present 60 days to 75 days.


8. Copy of Draft Concession Agreement copy to be provided urgently to prospective bidders to enable bidding.

Draft concession agreement will be provided to the selected bidder along with LOA.

9. is terminal management of ferry wharf under present concession agreement or separate?

Ferry Wharf terminal operations are separate and not covered under current scope of RFP.

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Pre-Bid Queries from Drishti Marine


1.

EMD:

As per the central government scheme, under the 2006 MSME Act, all units registered under as MSME's units may be exempt from EMD for tenders of government / government owned agencies / corporations etc. Given the fact that MMD is doing pioneering work in encouraging investments in Maritime activities, ernest money deposit for the above mentioned tender too should be waive off subject to suitable MSME registration being in place.


2.

Infrastructure / Civil / Structural integrity / warranties for assets handed over by MMD:

It is recommended that suitable amendments / warranties are put in place to indemnify the Ferry Operator from structural / civil / Mechanical / Electrical / Plumbing infrastructure failure and also suitable clauses introduced to allow the operator to quickly carry out remedial repairs given the fact that services offered have to operate 365 days. MMD will have to allow the operator, within reasonable limits and subject to authorization (with urgent timelimits) for such repairs to be carried out without any undue delay

MMB shall provide the structural warranty for existing infrastructure at Mandwa terminal for the Agreement duration.

3.

Goods Carrier Restrictions:

We understand the tender is for RoPax. However, given that fact that we are opening a new commuter route, in order to allow for the contractor to recover the large investment exposure, it is best that a weight limit be put in place instead of restricting ALL GOODS movements and LCV be allowed.

No cargo movement is allowed using RoPax services. Passengers and passenger vehicles are only allowed to be transited through RoPax and not the cargo carrying vehicles.

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Pre-Bid Queries from Aurum Ventures


1. 3.2.C What capacity of Generators is / will be installed by MMB Generators with 100 kVA capacity are already installed.

2. Is there a sanction electric capacity available at Mandwa side sub station , if

yes how much and at what tariff and who is the supplier .

Electricity connection from state electricity board is available. Tariff

shall be as per prevailing prescribed rates.

3. 3.2.e Sewage disposal system – when will it be ready and what capacity , what

is expected of the operator till its ready ?

Sewage treatment Plant (STP) of 2 MLD capacity shall be installed by

MMB at Mandwa terminal within 18 months. Till the commissioning

of STP plant, operator is expected to handle the disposal at its own

expenses.

4. 3.2 f. Will this be built by MMB? Apart from ticketing booth what measures

for crowd management are constructed

Crowd management measures need to be taken care by the

operator as per operational needs.

5. 3.2.g How many golf carts of what capacity are envisaged ? Carts with suitable capacities may be employed by the operator as

per operational needs.

6. 5.1.xix For scheduling, what restrictions / priority can be expected from MbPT

7. 5.2. 13 What is the rate for fresh water supplies at Mandwa terminal As per the local rates.

8. 5.4.vii- we assume apart from terminal sales multi location and on line ticket

sales will be allowed . Yes

9.

7.2 .viii - Price Band

Request – Multiple classes – viz Luxury , premium and normal may be allowed

for tariff fixing.

Yes. However the revenue share will be applicable as per RFP

document.

10.

Suggestion: a pricing band may be fixed once a year and variable/

dynamic pricing similar to air lines within the band may be allowed. Also

operator may offer bulk discounts to transport utilities in case of fixed

commitments.

RFP conditions prevail

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Pre-Bid Queries from Aurum Ventures


11. 7.3.ii – Please consider revising limit of 5 years and 51% to 3 years and 26%

for lead bidder. RFP conditions prevail

12. 11. Will GST be payable on annual premium of ₹53 lac. Yes

13. kindly specify the current charges for each head in the table 11 .

As per clause 11 of RFP document, the mentioned charges are

waived off for first 3 years of RoPax operations. After the 3 years

duration, the prevailing charges shall be applicable to the operator.

14. 11.ii – Due TDS will be deducted on the monthly payments made to MMB,

please confirm this will not be required to be grossed up. Yes. TDS may be deducted on monthly payments.

Documents

Pre-Bid Queries from Mandwa Port LLP Sr. Clause ......Email: [email protected] . 3 Pre-Bid Queries from Mandwa Port LLP Sr. Clause Description Query / Clarification MMB Response 6. 3.1