PORT QASIM AUTHORITY

MINISTRY OF PORTS & SHIPPING

GOVERNMENT OF PAKISTAN

PREQUALIFICATION DOCUMENTS/APPLICATION FORM FOR

SHORT LISTING OF FIRMS /COMPANIES / CONSORTIA FOR PARTICIPATING IN THE BIDDING FOR

ESTABLISHMENT OF COAL TERMINAL ON BOT BASIS,

AT PORT QASIM, KARACHI PAKISTAN.

APRIL 2014

TABLE OF CONTENTS

1. BACK GROUND

2. BRIEF DESCRIPTION OF THE SCOPE OF WORK

OF THE BOT PROJECT.

3. INFORMATION AND DOCUMENTS TO BE FURNISHED BY

THE APPLICANT FIRMS (S) / CONSORTIA ALONGWITH

DOCUMENTARY EVIDANCE.

4. HOW WOULD YOU BEST DESCRIBE SUITABILITY OF YOUR

FIRM FOR THE WORK?

5. CHECK LIST

6. EVALUATION CRITERIA

7. SUBMISSION OF DOCUMENTS

8. CERTIFICATE

9. Attachments

a) Attachment – 1 (Form of Firm’s Corporate Profile)

b) Attachment – 2 (Form of Corporate Profile of Each Participating

Company)

c) Attachment – 3 (Form of Resume of Key Management Personnel)

d) Attachment – 4 (Litigation History)

10. Annexure – A (Integrity Pact)

11. Annexure – B (PQA Master Plan- Drawing)

I. BACKGROUND

The Government of Pakistan is pursuing development of country’s infrastructure through private sector investment. On behalf of the Government of Pakistan and the Ministry of Ports and Shipping (P&S), Port Qasim Authority (PQA) invites private entrepreneurs and sponsors, both Pakistanis and foreigners to participate in the project "Establishment of Coal Terminal" which PQA intends to implement on Build, Operate & Transfer (BOT) basis. Private sector cooperation with PQA will be of mutual benefit and would also serve the larger national interest in promoting, growth and development in this sector of the economy, which would otherwise suffer due to the overall budget constraints of the Government.

The terms and conditions, which shall be applicable to the project under BOT scheme and the guidelines for preparation of the technical and financial proposals by the private sector shall be mentioned in the Guidelines to be issued later to the short listed/pre-qualified firms. Short Listing / Pre-qualification of applicants shall be based on the information submitted by the applicants on proforma provided in this document.

Interested firms / consortia / Joint Ventures financially sound and having capability to undertake this work may request for pre-qualification / short listing for this project through an application, in a properly sealed envelope, addressed and furnished by the date & time as specified in the clause 6 hereunder.

Port Qasim Authority reserves the right to accept or reject any or all applications without assigning any reasons thereof and no claim whatsoever in this respect shall be entertained.

2.  BRIEF DESCRIPTION OF THE SCOPE OF WORK OF THE

BOT PROJECT

Information about the project, time frames, terms and conditions, regarding the Project may be obtained from relevant Authorities, PQAs role is confined to offering site for development of the Terminal on BOT basis depending upon plans of the developers as per Implementation Agreement with them. Access roads and other facilities within PQA area limits shall also be provided by PQA.

3.  INFORMATION AND DOCUMENTS TO BE FURNISHED BY

THE APPLICANT FIRMS / CONSORTIA ALONGWITH

DOCUMENTARY EVIDENCE.

The information mentioned below; is require to be furnished by the firm(s)/consortia with the application so that the same could be considered for evaluation of application for pre-qualification of the firm(s)/consortia for participating in the next stage for which guidelines against the payment of Rs. 10,000/- (Rupees ten thousand only) non-refundable shall be issued only to the pre-qualified firm(s)/consortia for submission of technical and financial proposals.

Attachment Forms 1-4 are to be filled in by applicants. For Additional information, more sheets may be attached.

a. Profile of firm(s) / consortia / Joint Ventures

If the firms feel that it needs additional experience, it may submit the expression of interest as Joint Ventures with other firm(s).

[Incase of Joint Ventures applicant, information through (a) to (p) shall be provided for each Joint Ventures partner.]

b. Financial capability.

c. Annual turn over for the last five (5) years.

[Attached audited Annual Reports]

d. Management capability.

e. Technical capability.

f. Available human resources.

g. Organization.

h. Present business activities.

i. Type of registration of firm(s)/consortia (Memorandum of Association, deeds).

j. Experience of similar type of project, if any.

k. Demonstration of capability of firm(s)/consortia to undertake this type of work.

I. Suggested marketing plan and strategy.

m. Vision for making the project viable.

n. Brief methodology for proposed financing for funding arrangements to be lined up for undertaking the project, both local and foreign financing.

o. Undertaking on stamp paper regarding black listing / default litigation of the firm (s)/consortia, if any. In case of nil the same may mentioned accordingly.

[litigation history of last 10 years will not automatically debar a firm. More than 50% court/arbitration decisions against the firm will disqualify the firm for this Project)

p. Consent to sign the "Integrity Pact". All applicants shall give their consent to sign the Integrity Pact, by signing of the attached Annexure A by all firms / Joint Ventures partner.

q. Joint Venture

The Expression of Interest submitted by a joint venture group of companies shall, as a minimum requirement include the following additional documents:

i)  Designation of one or more person(s) to represent the joint venture in its dealings with PQA. The person(s) designated shall be authorized to perform all tasks, including, but not limited to: providing information, responding to inquiries and entering into contractual commitments on behalf on the group of companies. Power of Attorney in the name of designated person(s) duly signed by each member of the group shall be submitted with the proposal;

ii) A letter signed by each joint venture member which states that it has reviewed the entire proposal and is in accord with each key element of the EOI.

iii) A written agreement by all the constituent companies to establish a corporation for the specific purpose of Establishment of Coal Terminal on BOT Basis.

iv) The memorandum of understanding between the constituent companies to participate in the bid and to contribute capital for the incorporated company;

4. HOW WOULD YOU BEST DESCRIBE SUITABILITY OF

YOUR FIRM FOR THE WORK?

Please elaborate and attach documentary evidence, if any.

5. / CHEKCT LIST
Documents as per 3(a) to 3 (q).
[In case of JV applicant Check Lists for all
JV partners shall be provided] / Yes/ No
Documents as per 3(q)i to 3(q) iv.
(for Joint Ventures applicant) / Yes/ No
Application form duly filled-in
certified and signed / Yes/ No.

6. SUBMISSION OF DOCUMENTS

Pre-qualification Documents completed in all respect be submitted with- in stipulated time/date at the following address:

Director (PSP)

1st Floor, Administration Block,

Head Office Building

Port Qasim Authority, Karachi.

Tel # (021) 99272181

Fax # (021) 34730108

7. EVALUATIONCRITERIA Max Points

i) Profile of firm (and associates if any)

as Port Terminal Operator 10 Points

ii) Financial capability of firm(s)/

consortia 20 Points

Paid up Capital

US $ 20 Million 12 Points

Each additional US$ 5 million

will score I point, Max 8 points

iii) Annual turn over 15 Points

US $ 15 million/y ( average of 5 years) 10 points

Each additional 10 million will score

1  point Max 5 points

iv Net worth of Firm

(and associates if any) 15 Points

US$ 15 million 15 Points

US$ 10 million 12 points

US$ 8 million 10 Points

v) Experience and Qualification 40 Points

Experience in Similar works, Cargo

Handling Min. 1 MTA in last 3 years

at port 10 points

Experience in BOT projects or

a like Min. 1 project on BOT/BOO/PPP basis

10 points

Demonstration of capability to under-

take the work Min. 1 project in off-shore 10 points

Experience in material handling and

related equipment 10 points

TOTAL 100 Maximum points

(Minimum qualifying points 50% in each category and 65% in aggregate)

7. CERTIFICATE

This is to certify that the information provided in this prequalification document is correct and final to the best of our knowledge and nothing contained herein, is contrary to the facts as available with the firm's official record and that PQA has complete right to disregard our application should it fail to meet any of their pre-qualification criteria.

Signed and sealed on this ------days of ------2014.

For and on behalf of:

Name of applicant / Firm/

Joint Ventures:

Firm Seal:

Name of authorized :------

Persons signing

Designation :------

Contact (Address & Tel. No.) :------

Date :------

*************

ATTACHMENT 1

FORM OF FIRM'S CORPORATE PROFILE

1. General Information

1.1 FIRM's Name: ------

1.2 Registered Office Address: ------

1.3  Authorized Representative’s

Name and Address in Pakistan ------

1.4 Telephone: ------

Fax: EMAIL. ------

2. Type of Organization

Single Proprietorship ------

Partnership ------

Corporation ------

Joint Venture (Specify partners) ------

[attach additional sheets for each

Joint Ventures partner]

Other (Specify) ------

Date of Incorporation ------

[Attach Articles of Incorporation]

3. Details of Ownership

List of all Stockholders/members stocks and their interest in the Company:

4. Technical and Managerial Experience

4.1 Summary of Firm's Experience

a) In managing and operating Port Terminals.

b) In managing and operating other port facilities.

c) In port consultancy

d) In designing infrastructure works in ports.

e) In other relevant activities.

f) In working and operating in Pakistan.

4.2 Listing of on-going relevant projects

Indicate Dates and Scope

a) Main projects

b) Port facility serviced/

c) Types of services offered

d) Annual Bulk Cargo volumes handled.

4.3 Financing arrangement for this project

a) Financing from own resources

b) Financing own plus lenders

c) Financing own plus market

Viz. financing firms, persons etc

Note: Attach commitment letters.

ATTACHMENT 2

FORM OF CORPORATE PROFILE OF EACH PARTICIPATING COMPANY

(Copy Proforma Where More Than One Company Involved In

Bid As Part Of Joint Venture)

Name : ------

Country of Registration : ------

Registered Address : ------

Major Operating Address/Location : ------

Primary function of Company as

disclosed by Memorandum and

Articles of Association :------

------

DIRECTORS/OWNERS

------

NAME AGE OTHER DIRECTORSHIPS

------

------

------

------

------

SHAREHOLDERS/OWNERS

------

NAME AGE ADDRESS %

Share Holding

------

------

ATTACHMENT 3

FORM OF RESUME FOR KEY MANAGEMENT PERSONNEL

Name : ------

Nationality : ------

Age : ------

Educational Qualification : ------

Proposed Position : ------

Proposed Location : ------

Experience Record : ------

ATTACHMENT 4

Litigation History

(Attach the detailed litigations in last 10 years)

S.No. / Litigation/Arbitration / Result

Annexure A

INTEGRITY PACT

DECLARATION OF FEES, COMMISSIONS AND BROKERAGE ETC.

PAYABLE BY BOT OPERATOR

------[BOT Operator] hereby declares its intention not to

obtain or induce the procurement of any contract, right, interest, privilege or other obligation or benefit from Government of Pakistan or any administrative subdivision or agency thereof or any other entity owned or controlled by it (GOP) through any corrupt business practice.

Without limiting the generality of the foregoing, [BOT Operator] represents and warrants that it has fully declared the brokerage, commission, fees etc. paid or payable to anyone and not given or agreed to give and shall not give or agree to give to anyone within or outside Pakistan either directly or indirectly through any natural or juridical person, including its affiliate, agent, associate, broker, consultant, director, promoter, shareholder, sponsor or subsidiary, any commission, gratification, bribe, finder's fee or kickback, whether described as consultation fee or otherwise, with the object of obtaining or including the procurement of a contract, right, interest, privilege or other obligation or benefit in whatsoever form from GoP, except that which has been expressly declared pursuant hereto.

[The BOT Operator] certifies that it has made and will make full disclosure of all agreements and arrangements with all persons in respect of or related to the transaction with GoP and has not taken any action or will not take any action to circumvent the above declaration, representation or warranty.

[The BOT Operator] accepts full responsibility and strict liability for making any false declaration, not making full disclosure, misrepresenting facts or taking any action likely to defeat the purpose of this declaration, representation and warranty. It agrees that any contract, right, interest, privilege or other obligation or benefit obtained or procured as aforesaid shall, without prejudice to any other right and remedies available to GoP under any law, contract or other instrument, be voidable at the option of GoP.

Notwithstanding any rights and remedies exercised by GoP in this regard, [the Seller/Supplier/Contractor] agrees to indemnify GoP for any loss or damage incurred by it on account of its corrupt business practices and further pay compensation to GoP in an amount equivalent to ten time the sum of any commission, gratification, bribe, finder's fee or kickback given by [the BOT Operator] as aforesaid for the purpose of obtaining or inducing the procurement of any contract, right, interest, privilege or other obligation or benefit in whatsoever form from GoP.

ANNEX-‘B’