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Maharashtra Maritime Board,
Home Department (Ports and Transport),
Government of Maharashtra
Selection of Ro-Pax Vessel Operator across
Mandwa (
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Maharashtra Maritime Board,
Home Department (Ports and Transport),
Government of Maharashtra
Request for Proposal
for
Pax Vessel Operator across Ferry Wharf (Mumbai)
(Dist. Raigad), Maharashtra, India
March 2017
Home Department (Ports and Transport),
(Mumbai) to
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1. Bid Notice
Online Tenders (e-Tender) for the following work are invited by the Maharashtra Maritime Board (MMB)
on the Government of Maharashtra’s Tender Information System Portal http://mahatenders.gov.in as
per the Tender Schedule published on the Web portal from suitable ferry operators having required
experience. The details can be viewed online and downloaded directly from Government of
Maharashtra e-Tendering portal http://mahatenders.gov.in from 24.03.2017 at 1100 Hrs. (IST)
onwards.
Tender Reference No. MMB/Traffic/Tender No.2
Name of Work Selection of Ro-Pax vessel operator across Ferry Wharf (Mumbai) to
Mandwa (Dist. Raigad)
Cost of blank Tender
Document and Mode of
Payment
Rs.10600/- (Rs. Ten thousand six hundred only) (Non-Refundable)
inclusive of VAT or USD 152 (US Dollars One hundred fifty two) to be
paid through Online Payment modes i.e. Net Banking, Debit Card, Credit
Card and NEFT/RTGS during downloading of Tender Document
EMD Amount and Mode
of Payment
Rs.40,00,000/- (Rs. Forty lakhs only) or USD 57143 (US Dollars Fifty seven
thousand one hundred forty three) to be paid through Online Payment
modes i.e. Net Banking, Debit Card, Credit Card and NEFT/RTGS during
submission of Tender Document
Pre-Bid meeting 06.04.2017 at 1500 Hrs. in the office of the Maharashtra Maritime
Board, Indian Mercantile Chambers, 3rd
floor, 14, Ramjibhai Kamani
Marg, Ballard Estate, Mumbai- 400 001.
Venue for opening of
Tender
Office of the Maharashtra Maritime Board at the above address.
Contact person for
information relating to
assignment
Capt. Harish Khatri, Nautical Advisor
Tel: 022-22662005, Fax: 022-2261 4331
email: [email protected]
e-Tendering helpline 24X7 HelpDesk Number- 0120-4200462, 0120-4001002
Mobile No. 88262 46593, Email- [email protected]
1.1 e-Tender Schedule
Sr.
No.
Activity Date Time (Hrs.)
1. Publishing Date 24.03.2017 1200
2. Document Download Start Date 24.03.2017 1200
3. Document Download End Date 22.04.2017 1700
4. Seek Clarification Start Date 04.04.2017 1100
5. Seek Clarification End Date 06.04.2017 1500
6. Pre-Bid Meeting Date 06.04.2017 1500
7. Bid Submission Start Date 24.03.2017 1200
8. Bid Submission Closing Date 22.04.2017 1700
9. Bid Opening Date 24.04.2017 1100
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NOTE:
i) All eligible/ interested bidders are required to be enrolled on portal http://mahatenders.gov.in
before downloading tender documents and participate in e-tendering.
ii) Dates mentioned here are scheduled dates for Bid Opening Activities. Any change in the date of
opening of technical and financial tenders shall be notified in “Corrigendum” section on e-
Tendering Portal before opening of the same.
iii) During the Pre-bid meeting, interested bidders will be free to seek clarifications and make
suggestions for consideration of MMB. MMB shall endeavour to provide clarifications and such
further information as it may, in its sole discretion, consider appropriate for facilitating a fair,
transparent and competitive bidding process. Bidders can also submit their queries in writing to
MMB at the address specified for submission of the bid. Such queries should reach MMB as
prescribed in the e-tender schedule.
iv) Chief Executive Officer, Maharashtra Maritime Board reserves right to accept or reject any or all
tenders without giving any reasons thereof.
v) The detailed tender notice is available on our website https://mahammb.maharashtra.gov.in
Sd/-
CHIEF EXECUTIVE OFFICER
MAHARASHTRA MARITIME BAORD
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2. Background
Maharashtra is one of the largest states in India with a coastline of around 720 km. This coastline is
regulated and administered by the Maharashtra Maritime Board (MMB). MMB is the nodal agency
governing the regulatory framework of Maharashtra's maritime industry. Over the years, MMB has
taken a number of initiatives to harness the potential of its coastline by development of Greenfield
ports, captive jetties, multipurpose jetties, inland water transport and shipyards etc.
The Board proposes to further boost this sector with development of Ro-Pax vessel services across Ferry
Wharf and Mandwa and passenger ferry services from ferry wharf to Nerul.
3. Project
Approximately 14 lakhs passengers travel each year on the Gateway of India (Mumbai) to Mandwa
(Raigad) waterway using the existing passenger ferry service. Travelling by water transport saves time
and hence the tourists too prefer to use the passenger ferries at the Gateway of India.
Hence, MMB jointly with Mumbai Port Trust (MbPT), desires to introduce a a Roll on- Roll-off
facilityfrom Ferry Wharf to Mandwa and passenger ferry services from ferry Wharf to Nerul , jointly with
CIDCO.This facility (Ferry Wharf to Mandwa) will enable the passengers to travel along with their
vehicles which will save considerable time and fuel. This will help both tourists as well as the local
people by ensuring a fasterand also third mode of transportation, in addition to Road and Railway. This
is also expected to improve the hinterland connectivity and boost tourist activities in the Alibaug and
Konkan region.The proposed passenger ferry services from ferry Wharf to Nerul will attempt to de-
congest road traffic from Navi Mumbai to Mumbai.
In this regard, The Board invites Online offers through E- tendering process from reputed Companies/
Firms/ Consortiums with prior experience in operation and maintenance of Ro-pax/ferry services. The
operator will have to finance, procure, operate and maintain Ro-Pax/Ferry vessels and provide services
on aforesaid identified routes.
4. Location
The locations are Ferry wharf, Mandwa and Nerul, as indicated in the following Map:
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The routes shall be: Ferry Wharf to Mandwa(10 Nautical Miles)- for Ro-PAX ferry service and Ferry
Wharf to Nerul (11 Nautical Miles) for passenger ferry services.
Minimum depth expected to be available en-route and at berth is 3.0m on chart datum
MMB/CIDCO/MbPT have decided to first, construct the Ro-pax/ Fast passenger ferry, terminals and
subsequently, privatise the terminal’s operation and maintenance.
The shore based terminal facilities at Mandwa including the approach jetty, turning platform, floating
pontoon with link span assembly, mooring dolphins, marshalling yard (for 130 cars) and terminal
building shall be built and operated by MMB. MMB is in a process of construction of these facilities and
the expected completion period is 18 months i.e. by March-2018. Design of these shore based facilities
for berthing of Ro-Pax vessels will be shared with the prospective operator. Further, MMB has also
started construction of a breakwater at Mandwa in order to ensure water tranquillity for faster and
safer ferry operations.
The shore based facilities at Nerul will be constructed by CIDCO.
5. Scope of work
5.1 Broad Scope of work
The selected bidder shall be responsible for total management and operation of Ro RoPax Vessel
Service from Ferry Wharf Mumbai to Mandwa and passenger ferry services from ferry Wharf to
Nerul, including procurement of appropriate vessels, operation of ticket windows and marshalling
yards, operation of Passenger and RO-RO services, collection of all the revenue, maintenance of
marshalling yards and ticket windows, marketing, security, etc. The term of services shall be 15
years, extendable on the basis of performance and as decided by MMB.
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5.2 Detailed Scope of work :
5.2.1 Infrastructure details and berthing of vessels :
i. The length of the berth for RO – PAX vessel, planned to be constructed at Mandwa, is 100
mtrs and ramp width is 30 mtrs. Minimum water depth to be maintained by MMB, in the
approaches to Mandwa terminal would be 3.0 mtrs chart datum. Minimum depth at
approaches to Nerul terminal would be also 3.0 mtrs.
ii. The selected operator shall procure suitable vessels for the terminal at Ferry wharf,
Mandwa and Nerul.
iii. The vessels and operations shall comply with all appropriate applicable acts, rules and
regulations of the competent authority and the operator shall demonstrate how he
proposes to achieve this in the detailed concept plan.
5.2.2 Criteria for Ro-Ro Pax Vessel
i. Ro-Ro Pax vessel should be preferably with forward and aft ramp for fast turnaround.
ii. The vessels should be such that the vehicles in the vessel are discharged on “First in First
out basis”.
iii. Carrying Capacity Requirement: The vessel should preferably carry minimum 40 PCUs
(Passenger Car Unit) and 300 passengers.
iv. The width of the ramp, being constructed at Mandwa, is 30 mtrs. Therefore, the vessel
should be appropriate dimensions.
v. The operator shall provide at least 3 vessels from each terminal to maintain the frequency
of every 30 minutes from either terminal. The turnaround time at any of the terminal should
not exceed about 30 minutes.
vi. The operator should operate and manage the services for 24x7.
vii. The services should be capable of all-weather operations with exception of very occasional
extreme conditions as per data of Indian Metrological Department (IMD).
viii. The vessel should be capable of all tidal range operation considering current speed.
ix. Vessel should be highly maneuverable, capable of berthing and unberthing without Tug
Assistants.
x. Vessel should have twin screw and stern and bow thrusters or any other propulsion system
which can undertake such type of maneuvering.
xi. Lashing arrangement is to be provided for vehicles in the vessel to prevent shifting enroute.
xii. The vessel should have Navigation equipments such as LSA, FFA, navigation requirements as
per classification society.
xiii. Mooring men are to be provided at Ferry Wharf, Mandwa to handle vessels mooring lines
while berthing and unberthing.
xiv. Quick and efficient mode of mooring and unmooring.
xv. The vessel to be registered underInland Vessels Act, 1917 or a foreign vessel under Bare
Boat Charter cum Demise (BBCD) or under Merchant Shipping Act, GOI, for operations. The
vessel to be insured as per statutory requirements.
xvi. The operator should ensure suitable insurance for the passengers.
xvii. The operator should have provision of refreshment facilities in the vessel like drinking
water, snacks etc.
xviii. The operator shall co-ordinate with MMB and MbPT for the operation and scheduling of RO-
pax services.
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Criteria for passenger ferry vessel:
xix. Quay length of 100 mtrs is planned to be constructed at Nerul terminal. Therefore the
passenger ferry vessel should be of appropriate dimensions.
xx. The operator shall provide at least 3 vessels from each terminal to maintain the frequency
of every 30 minutes from either terminal. The turnaround time at any of the terminal should
not exceed about 30 minutes.
xxi. The operator should operate and manage the services for 24x7.
xxii. The services should be capable of all-weather operations with exception of very occasional
extreme conditions as per data of Indian Metrological Department (IMD).
xxiii. The vessel should be capable of all tidal range operation considering current speed.
xxiv. Vessel should be highly maneuverable, capable of berthing and unberthing without Tug
Assistants.
xxv. Vessel should have twin screw and stern and bow thrusters or any other propulsion system
which can undertake such type of maneuvering.
xxvi. Lashing arrangement is to be provided for vehicles in the vessel to prevent shifting enroute.
xxvii. The vessel should have Navigation equipments such as LSA, FFA, navigation requirements as
per classification society.
xxviii. Mooring men are to be provided at Ferry Wharf, Nerul and Mandwa to handle vessels
mooring lines while berthing and unberthing.
xxix. Quick and efficient mode of mooring and unmooring.
xxx. The vessel to be registered underInland Vessels Act, 1917 or a foreign vessel under Bare
Boat Charter cum Demise (BBCD) or under Merchant Shipping Act, GOI, for operations. The
vessel to be insured as per statutory requirements.
xxxi. The operator should ensure suitable insurance for the passengers.
xxxii. The operator should have provision of refreshment facilities in the vessel like drinking
water, snacks etc.
xxxiii. The operator shall co-ordinate with MMB and CIDCO/MbPTfor the operation and scheduling
of passenger ferry services
5.2.3 Staff recruitment and training
i. Operator shall be responsible for all recruitment and training of employees needed to
perform the scope of work.
ii. Operator shall provide trained qualified personnel for manning the vessel and being
managed and oversee the operation of the RO-RO services at both the locations on day to
day basis. MMB/MbPT/CIDCO shall not be required to provide any staff or to oversee any
part of day to day operations but will have at all times the right of inspection, observations
and comment on such operations by operator.
iii. Operator shall conduct ticket sales and fare collection through necessary qualified cashiers
and ticket sale personnel at the terminal sites. The ticket sale should be available for the
entire period of operation. Operator shall accept all major credit cards and debit cards and
e-payment facility for transactions.
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5.2.4 Maintenance of the premise.
i. Operator shall keep clean all the vessels, barges, ramps, booths, passenger terminals, open
area, structures, wash rooms, at all times neat, orderly, free of litter, oil, dust and sanitary in
accordance with the standard cleaning practices.
ii. The operator will provide supervision and directions for safely loading and unloading of all
passengers and vehicles from the ferry vessels. All the area of ferry vessel and terminal
building are non-smoking (including electronic cigarettes) and the operator will be
responsible for monitoring and enforcement.
iii. The operator shall operate and conduct the facilities on the premises in a business like
manner and will not permit any acts or conduct on the part of operators employees. The
operator shall not permit any immoral conduct in or assigned space occupied by staff.
iv. The operator shall provide uniform and identity card to each member of his staff at his cost.
The uniform must be approved by MMB/MbPT/CIDCO. Each member of the staff shall wear
the uniform and identity card while on duty. All persons working in the premises shall be
neat and clean in appearance.
5.2.5 Repair and maintenance
The operator shall take the audit of the vessels and carry out all the repairs periodically as per
the standard practices. Vessels and all associate equipments, machinery and system are to be
operated and maintained in strict accordance with the local, state, and national regulatory
requirement and with no compromise to the safety of passengers, crew or the vessels.
5.2.6 Reporting
Operator shall keep the following reports
i. Daily passenger log reports,
ii. Weekly reports of revenue collection, Safety and customer services and any unusual
occurrences,
iii. Monthly reports regarding revenue collection and marketing,
5.2.7 Utilities
i. The MMB/MbPT shall provide bulk water connection, sewerage connection at the
battery level upto the site. The operator will have to pay the necessary water charges to
the respective authorities.
ii. The operator shall be responsible for disposal of storm water drainage and solid waste.
In no case the solid waste will be disposed outside the designated locations.
iii. The operator will be responsible to obtain the required power supply from the
concerned authorities.
iv. The operator shall be responsible for providing all the communication facility such as wi-
fi, telephone etc.
v. The operator shall provide all the passenger related facility both at the terminals and the
vessels such as drinking water, wash rooms for ladies, gents and physically challenged,
food stalls, emergency medical help.
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5.2.8 Security and emergency response
i. The operator shall develop and execute approved security plan for vessels and also for
terminal. All the plan must be as per statutory requirement. The operator shall be
responsible for vessel emergencies at docking sites, medical emergencies. Operator shall
provide required security for safe environment for the customer, manage crowd, or any
eventuality. The operator shall appoint a separate qualified and trained security officer
along with required staff for each terminal.
ii. Operator shall keep an accurate record of all accidents, injuries and damaged to persons
and / or property involving the vessels, docking sites and suits and actions taken against the
offenders.
iii. The operator shall install a complete Security system with CCTV cameras, public audio
system, fire fighting system etc. managed through a centralized control station.
iv. The operator shall conduct periodic drills for the staff to tackle any eventualities.
5.2.9 Revenue and Accounting
i. The operator shall collect and keep the record of all the ferry business not limited to
revenue generated from all ticket sales, group reservations, commercial facilities
within the terminal area, any service charge and any other revenue source related
with the operation of the services.
ii. The operator shall be responsible for and pay any fines, penalties, compensation or
damages for on account of any accidents, fuel and oil spills, due to negligence of any
employee or any other eventuality on account of negligence or in-attention to duty by
the operator.
Statutory enforcement
i. All statutory rules, regulations, orders, circulars, etc issued by DG, Shipping, GoI and
Merchant Shipping Act or any competent authority with amendments issued from
time to time shall be binding to the operator while rendering the services.
ii. The operator shall obtain requisite statutory permissions, licenses from DG Shipping
for the deployment of vessels and operations of RO-RO PAX ferry services, if required,
in accordance with prevailing acts / rules and regulations.
iii. The operator shall be responsible to obtain all the necessary approvals, NOC’s but not
limited to development permissions from the competent authority, environment
clearance if any,
iv. The operator shall be responsible to obtain all the necessary insurances for movable
and immovable properties, passengers, cars, trucks, bus, etc.
5.2.10 Manual and IT system
i. The operator shall be responsible to prepare a manual within a period of three
months from the zero date for operation, maintenance of the RO-RO PAX services
including mechanical, electrical and navigational system.
ii. The operator shall develop or procure a software for the total operation of the ferry
services which need to be integrated with the system of MbPT and MMB.
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6. General terms and conditions
6.1 The application fee for the Request for Proposal (RFP) is Rs. 10,600/- (Rupees Ten thousand six
hundred only) or USD 152 (US Dollars One hundred fifty two) to be paid through Online Payment
Modes i.e. Net Banking/ debit card and shall be non-refundable.
6.2 The applicant shall also have to deposit Earnest Money Deposit (EMD) of Rs. 40,00,000/- (Rupees
Forty lakhs only)or USD 57142 (US Dollars Fifty seven thousand one hundred forty two) to be
paid through Online Payment Modes i.e. Net Banking/ debit card. The EMD of the successful
bidder will be retained by MMB (without interest) for a period of one (1) year. The EMD of
unsuccessful applicants shall be returned (also without interest) within 30 days from the issue of
Letter of Award to the successful bidder.
6.3 Performance Security:
6.3.1 The successful bidder shall, within 15 (fifteen) days from the Letter of Award, furnish to MMB, a
Bank Guarantee towards a performance security in a mutually agreed format, from a
Nationalized/ Scheduled bank of repute for an amount of Rs. 1,60,00,000/- (Rs. One crore sixty
lakhs only) with a validity of 2 (Two) years from the date of Letter of Award, failing which, MMB
reserves the right to annul the Letter of Award.
6.3.2 In the event of bidder’s failure to discharge its obligations under the Agreement between MMB
and the Bidder, the Performance Security shall be encashed and the proceeds thereof shall be
forfeited without any further reference to the bidder.
6.3.3 The Performance Security amount shall not accrue any interest.
6.3.4 The bidder will extend the validity of the Performance Security, if and whenever specifically
advised by MMB, at its own cost.
6.3.5 Performance security will be discharged by MMB and returned to the Bidder within 30
days following the date of completion of the Bidder’s performance obligations under the
contract.
6.4 The pre-bid meeting for the project shall be held in the office of MMB on 07.04.2017 at 1500 hrs,
to discuss the various aspects of the tender. The Bidders are requested to send their queries
/comments if any at least two days prior to the date of the pre-bid meeting through email at
6.5 The Bidders are expected to carry out their own surveys, investigations and other detailed
examination at their own cost before submitting their Bids.
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6.6 MMB reserves the right to reject any or all of the Bids without assigning any reasons thereof and
the decision of MMB would be final and binding on the Bidders.
7. Special terms and conditions
7.1 The period of contract shall be 15 years, extendable on the basis of performance and as decided
by MMB.
7.2 Bidders have the option of bidding for both the routes (Ferry Wharf – Mandwa and Ferry Wharf –
Nerul) or one route only.
7.3 The Highest Bidder shall be the successful Bidder. The “Highest Bidder” would mean here, the
Bidder offering maximum assured amount (premium), per month, or the 10 % of the revenue,
whichever is higher.Here, the revenue would mean the revenue generated (after deducting
passenger levy and other taxes.), from sales of tickets.
The successful bidder will be required to pay either the minimum assured amount (premium) or
the 10 % of the revenue, whichever is higher.
7.4 In addition to the payment as indicated under para 7.3 above, the successful bidder is required to
pay ;
a. 10 % of revenue from ticket sales (passenger levy). This is the mandatory passenger levy, as
per Rules, and
b. the annual license fee (as per extant Government regulations) to MMB, within 30 days from
the issuance of the work order.
7.5 The Bidder shall be required to operate and maintain the Pax vessels and provide ferry services as
per best industry practices.
7.6 MMB shall have right to inspect Bidder’s relevant records for aforesaid purpose. At the end of
every financialyear, the Bidder shall have to submit duly audited Profit and loss accounts and
Balance Sheet to MMB.
7.7 On accepting letter of Award, the successful bidder will be required to sign an agreement for
passenger ferry services, with the MMB.
7.8 Bid submitted shall remain valid for a period of 90 days from the date of submission of the tender.
However, MMB may require the bidders to extend the validity for such period as may be
determined by MMB at its discretion. MMB also reserves the right to reject any Bid, which does
not meet this requirement.
7.9 Construction of terminals at Ferry Wharf ,Nerul and at Mandwa would be undertaken by MbPT,
CIDCO and MMB, respectively. Suitable office space/ticket counter etc would be allotted to
successful bidders to operate the ferry services. Any structure (temporary/permanent) at the
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terminals at Mandwa, Nerul and Ferry Wharf, shall be allowed only if it is in accordance with the
extant rules and regulations pertaining to Coastal Regulation Zone and other applicable rules and
regulations. After completion of the period, it should be handed over in neat and sound condition
or dismantled.
7.10 If the above mentioned construction is allowed, the statutory clearances/ licenses/ permissions
shall be obtained by the Bidder at his own cost.
7.11 The Bidder shall be responsible for making good to the satisfaction of MMB any loss of and any
damage to all structures and properties belonging to MMB and if such loss or damage is due to
fault and/or the negligence or wilful acts or omission of the bidder, his employees, agents,
representatives or subcontractors.
7.12 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.
8. Eligible Bidders
8.1 The Bidder may be a single entity or a group of entities (the “Consortium”), coming together to
implement the Project. However, no bidder applying individually or as a member of a Consortium,
as the case may be, can be member of another bidder.
8.2 The bidders shall not be blacklisted by any Government Agency in India/ Abroad at the time of
due Date of Submission of Bid.
8.3 The bidders shall not be under a declaration of ineligibility for corrupt and fraudulent practices by
the Central/ State Government, or any PSU in India.
8.4 The term ‘Bidder’ used herein would apply to both a single entity and a Consortium. A bidder may
be a natural person, private entity, government-owned entity or any combination of them with a
formal intent to enter into an agreement or under an existing agreement to form a Consortium.
8.5 In case of bid is submitted by a consortium of two firms as partners, the bidder(s)shall comply
with the following requirements:
8.5.1 A consortium shall not have more than 2 (two) members.
8.5.2 A signed copy of Memorandum of Understanding (MoU) executed by the consortium members
shall be submitted by the consortium along with the tender. The complete details of the
members of the consortium, their role and responsibility, name of the Lead Consortium
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Member, powers given to Lead Consortium Member among others, shall be specified in the said
MoU.
8.5.3 Once the tender is submitted, the MoU shall not be modified/ altered/ terminated during the
validity of the tender. In case the bidder fails to observe/ comply with this stipulation, the full
EMD shall be liable to be forfeited.
8.5.4 The EMD and Bid Document Fee shall be submitted by the Lead Consortium Member on behalf
of the consortium.
8.5.5 In case of the successful bidder being a consortium, the Lead Consortium Member shall sign the
Agreement with MMB on behalf of the consortium, which will be legally binding on all partners.
8.5.6 The Lead Consortium Member of the consortium shall be authorised to incur liabilities and
receive instructions for and on behalf of any or all the partners of the consortium and the entire
execution of the Agreement including payments shall be done exclusively with the Lead
Consortium Member.
8.5.7 Members of the consortium, to which the contract is awarded, shall be jointly and severally
liable to the MMB for execution of the project in accordance with the terms of the Agreement.
The consortium members shall also be liable jointly and severally for the loss, damages caused
to the MMB during the course of execution of the contract or due to non-execution of the
contract or part thereof.
8.6 No Bidder shall submit more than one Bid. A Bidder applying individually or as a Member of a
Consortium shall not be entitled to submit another Bid either individually or as a Member of any
Consortium, as the case may be.
8.7 Separate work orders would be issued for Ferry Wharf – Mandwa route and for Ferry Wharf –
Nerul route.
8.8 The Eligible bidder should meet the following criteria:
I. Technical Qualifications :
a) The Bidder should be an individual, joint venture or Consortium of not more
than 2 members
b) The Bidder should be duly registered for atleast last 5 years as on 23.03.2017
(Certificate of Registration shall be submitted)
c) In case of standalone Foreign Bidder, he should have License or permission to
operate in India
d) A certificate from Chartered Accountant shall be submitted as a proof.
e) The Bidder should have an experience of operating passenger ferry service of
vessels with capacity of 100 passengers for the last one year
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(domestic/International) OR have on regular employment, a person who has
headed such operation.
f) The Bidder should submit the proof of hiring of technical personnel who has
experience of ferrying passengers while operating the RO-RO Pax service
II. Financial Qualifications :
a. The bidders should have positive networth of INR 100 millions (USD 1440
thousand ) for the last 3 financial years i.e. 2013-2014, 2014-2015 and 2015-
2016
In case of a consortium, the combined experience and positive networth of the two bidders, as
required under Technical and Financial Capacity may be counted.
9. Duties and Responsibilities of Selected Bidder
9.1 The Bidder shall be solely and exclusively responsible for engaging or employing persons for the
execution of work. All disputes or differences between the Bidder and his / their employees shall
be settled by the Bidder. The Bidder shall abide by prevalent Labour Laws as applicable.
9.2 MMB will have absolutely no liability whatsoever concerning the employees of the Bidder. The
Bidder shall indemnify MMB against any loss or damage or liability arising out of or in the course
of the Bidder employing persons or in relation with the Bidder's employees.
9.3 The Bidder shall advise in writing or in such an appropriate way to all of the Bidder's employees
and any other persons engaged by him that their appointment/employment is not by MMB but by
the Bidder and that their present appointment is only in connection with the contract with MMB
and that therefore, such an employment / appointment would not enable them or make them
eligible for any employment with MMB either temporarily or/and permanent basis.
9.4 All required licenses would be taken by company / consortium and at their own cost.
9.5 Successful bidder will be required to declare various fares for classes of passenger travel and for
categories of vehicles being transported, on yearly basis and in consultation with the MMB.
10. Preparation and Submission of Bid
a) Language: The Bid and all related correspondence and documents should be written in the
English language.
b) Format and Signing of Bid:
Each Bid shall have to be prepared and submitted in accordance with provisions of this
tender document. The Bid shall comprise of 2 (two) submissions:
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• Submission 1: Technical Qualification
• Submission 2: Commercial Proposal
Submission 1: Technical Qualification
a. The Earnest Money Deposit (EMD) of Rs. 40,00,000/- (Rupees Forty lakhs only)OR USD
57143 (US Dollars Fifty Seven thousand one hundred forty three only) to be paid through
Online Payment Modes i.e. Net Banking/ Debit Card. Also the Tender Document fee of Rs.
10,600/- (Rupees ten thousand six hundred only) OR USD 152 (US Dollars One hundred fifty
two only) to be paid through Online Payment Modes i.e. Net Banking/ Debit Card.
b. Technical qualification in the prescribed format along with Annexures and supporting
documents relevant to the information asked in any of the Annexures, should be uploaded
on e-Tender web portal. Following is an indicative list of documents to be uploaded;
� Certified true copy of the incorporation certificate of the Single Entity; In the case of
a Consortium, certified true copy of the incorporation certificate of each of the
Members of the Consortium; and
� Audited Annual reports of last 3 financial years
� Certificate from a Chartered Accountant (As per format prescribed in Annexure-VII)
� Tax returns of last 3 financial years
� Copy of Permanent Account Number
� Copy of VAT Registration number
� Copy of Service Tax Registration number
� Certificates of eligible experience (as per format in Annexure-V)
� Anti Blacklisting Certificate on Stamp paper of Rs. 100/- (as per format prescribed in
Annexure-VIII)
� Undertaking (as per format prescribed in Annexure-IX)
In case the annual accounts for the latest Financial Year are not audited and therefore the
Bidder could not make it available, the Bidder shall give an undertaking to this effect and the
statutory auditor shall certify the same. In such a case, the Bidder shall provide the audited
annual reports for 3(three) years preceding the year for which the audited annual report is
not being provided.
c. Power of Attorney for signing of Bid in the format at Annexure-III;
d. If applicable, the Power of Attorney for Lead Member of Consortium in the format at
Annexure-IV;
e. If applicable, the Joint Bidding Agreement between the Members of Consortium;
16
f. Certified true copy of the incorporation certificate of the Single Entity. In the case of a
Consortium, certified true copy of the incorporation certificate of each of the Members of
the Consortium; and
Submission 2: Commercial Proposal
a. The Commercial Proposal shall be uploaded in the format specified at Annexure-VI.
b. It may be noted that Bids,which do not contain the Commercial Proposal as specified above,
would be considered as invalid and liable for rejection.
c. All Interested bidders are required to be enrolled on portal before downloading tender
documents and participate in e-tendering and familiarize themselves with the use of the e-
Tendering portal
d. All or any one of the Bids may be rejected by MMB.
e. Originals must be produced for verification, whenever required by MMB.
f. The Bidder shall not put any counter conditions. Any counter offer as well as any alterations
in the work/ scope of work, as specified in the tender, shall disqualify the tenderer
forthwith.
g. The Bid shall be prepared, signed and submitted only by such Firm/ Company/ consortium
etc. whose name the Request for Proposal (RFP) documents have been purchased.
h. If any discrepancies are observed between figures and words in the rates quoted, while
evaluating the bid, the rates quoted in words shall supersede the rates quoted in figures.
11. Opening of Bids
a) For the purpose of qualifying under Submission 1, the Bidder shall have to demonstrate the
minimum Technical and Financial Capacity as stipulated under this Request for proposal (tender)
document. The Commercial proposals of only those bidders shall be opened, who meet the
Technical and Financial Capacity as stipulated.
b) If the Bidder does not meet the minimum Technical and Financial Capacity as specified then the
Bidder shall be disqualified from the Bidding Process and the Bid Security of such Bidder shall be
returned and their Commercial Proposals shall not be opened.
c) Incomplete Bids submitted with qualifying conditions or with conditions at variance with the
Terms and Conditions of this notice will be liable to be rejected.
d) In the event of a tie, the concerned bidders would be invited for negotiations and asked to
revise their rates. Thebidder who offers the maximum share of revenue to MMB charges, post
negotiations, would be declared as the Successful Bidder.
17
e) The Successful bidder shall be issued the Letter of Award about acceptance of bid within 7 days
from the date of acceptance of the price bid.
12. Signing of Agreement
Within 30 days from the date of issuance of the Letter of Award, a formal agreement shall be
entered into, between MMB and the successful bidder. The date of commencement of contract
shall be mentioned in the Agreement.
13. Payments by the successful bidder to MMB
a) 100% of the Annual license fee shall be deposited by the Successful Bidder with MMB, upon
accepting the Letter of Award and subsequently, by 10th
April every year.Any delay in payment of
annual license fee would attract 18 pct p.a. interest on outstanding amount.
b) All taxes / duties / levies, etc. and expenses, if any as applicable, shall have to be paid entirely by
the Successful Bidder.
c) The MMB share of revenue collected, as indicated under commercial proposal of the successful
bidder shall be paid to MMB on a monthly basis, latest by 5th
day of every month.
14. Termination
14.1 MMB may terminate the Contract anytime during the period of Contract for any of the below
mentioned reasons.
If the Selected Bidder /Consortium
a) has abandoned the Contract
b) has failed to maintain the performance standards set by MMB
c) has in defiance of the instructions to the contrary, sublet any part of the Contract.
d) has acted in any manner detrimental to the interest, reputation, name or prestige of
MMB.
e) has become untraceable.
f) has been declared insolvent/ bankrupt.
g) if any winding up proceedings are initiated against the Bidder/consortium members
h) has without authority acted in violation of the terms and conditions of this Contract
and has committed breach of terms of Contract in best judgment of MMB.
The termination letter would indicate the reasons for such termination.
14.2 When the Contract is terminated by MMB for all or any of the reasons mentioned above the
Company/ Consortium etc. shall not have any right to claim any compensation on account of
such termination. On such a termination, MMB shall have the right to appropriate Performance
18
Security towards the amounts due and payable by the Company/Consortium etc. as per the
conditions of Contract and return to the Contractor excess money if any, left over.
15. Dispute Resolution
All disputes and differences whatsoever arising between the parties out of or relating to the
construction, meaning and operation or effect of this Tender and consequent Contract or the breach
thereof shall be mutually settled. However, in case no such mutual settlement is arrived at, the matter
shall be settled by arbitration in accordance with the provision of arbitration of the Indian Arbitration &
Conciliation Act, 1996 and any statutory modification or re-enactment thereof and the Rules made there
under and for the time being in force. The venue of arbitration shall be at Mumbai unless otherwise
agreed by Maharashtra Maritime Board.
16. Applicable law
The contract arising out of this tender shall be interpreted in accordance with the Law of India.
17. Miscellaneous
MMB, in its sole discretion and without incurring any obligation or liability, reserves the right, at any
time, to:
a) Suspend and/or cancel the Selection Process and/or amend and/or supplement the Selection
Process or modify the dates or other terms and conditions relating thereto;
b) Consult with any Bidder in order to receive clarification or further information;
c) Retain any information and/or evidence submitted by, on behalf of and/or in relation to any
bidder; and/or
d) Independently verify, disqualify, reject and/or accept any and all submissions or other
information and/or evidence submitted by or on behalf of any bidder.
19
Annexure – I
(On letter head of the Bidder)
To
Chief Executive Officer (CEO),
Maharashtra Maritime Board (MMB)
Indian Mercantile Chambers,
3rd
Floor, RamjibhaiKamani Marg,
Ballard Estate, Mumbai - 400001.
Subject: Selection of Ro-Pax Vessel Operator across Ferry Wharf to Mandwa/Ferry Wharf to Nerul
Sir,
1. Being duly authorized to represent and act for and on behalf of ____________ (herein the
Bidder), and having studied and fully understood all the information provided in this Request for
Proposal (RFP), I…………………….. the undersigned hereby apply as a Bidder for the “Selection of
Ro-Pax Vessel Operator across Ferry Wharf to Mandwa / Ferry Wharf to Nerul” according to
the terms and conditions of the offer made by Maharashtra Maritime Board.
2. Maharashtra Maritime Board is hereby authorized to conduct any inquiries/ investigation to
verify the statements, documents and information submitted in connection with the Bid.
3. This Bid is made with full understanding that:
a. MAHARASHTRA MARITIME BOARD reserves the right to reject or accept any Bid,
modify/ cancel the bidding process, and/or reject all or any of the Bids.
b. MAHARASHTRA MARITIME BOARD shall not be liable for any of the above actions and
shall be under no obligation to inform the Bidder of the same.
c. In case our offer is accepted and if we fail to pay the amount in the manner specified by
MAHARASHTRA MARITIME BOARD, the amount of Earnest Money and any further
instalments paid by us under this offer shall stand absolutely forfeited by
MAHARASHTRA MARITIME BOARD.
4. I, the undersigned do hereby declare that the statements made, and the information provided in
the duly completed Bid forms enclosed are complete, true and correct in every aspect.
5. We have read the terms and conditions of the offer detailed in the Request for Proposal and are
willing to abide by them unconditionally.
6. The offer made by us is valid for 90 days from the Bid Submission Date. We understand that
MAHARASHTRA MARITIME BOARD may require us to extend the validity of the bid for such
period as may be determined by MAHARASHTRA MARITIME BOARD at its discretion.
Name: ____________________
For and on behalf of________________________
(Name of Bidder)
20
Annexure – II
(Bidder details)
1. Particulars of the Bidder
a. Name:
b. Country of Incorporation / Nationality (as applicable):
c. Address of the corporate headquarters and its branch office(s), if any, in India (as
applicable):
d. Date of incorporation and/or commencement of business (as applicable):
e. The following documents are to be provided:
i. Certificate of Incorporation
ii. Audited Annual reports of last 3 financial years:
iii. Tax returns of last 3 financial years
iv. Copy of Permanent Account Number:
v. Copy of VAT Registration number
vi. Copy of Service Tax Registration number
vii. Statutory auditor certificate for turnover
viii. certificates of eligible experience
(Above Information to be given for all members in case of Consortium)
2. Details of Authorized signatory of the Bidder
a. Name:
b. Designation (as applicable):
c. Address:
d. Telephone No. /Fax no.:
e. Email
3. Turnover Details (as applicable)
Year Turnover (Rs. in crores)
______________________________________ Signature of the Authorized Signatory of the Bidder
Full Name
Designation (as applicable)
Name of the Company (as applicable)
Address
Date
21
Annexure-III
Power of Attorney for signing of Bid
Know all persons by these presents, [We …………………………………………….. (name of the company)
incorporated under the laws of India and having its registered office at [__] “Company”] 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 and holding the position of ……………………………. , as our true and lawful attorney
(hereinafter referred to as the “Attorney”) to do in our name and on our behalf, all such acts, deeds,
matters and things as are necessary or required in connection with or incidental to submission of our Bid
for “Selection of Ro-Pax Vessel Operator across Ferry Wharf to Mandwa / ferry Wharf to Nerul”
pursuant to the RFP dated [__] (“RFP”) issued by the ___________________________________ (the
“Authority”) and for our selection as Successful Bidder including but not limited to signing and
submission of all Bids and other documents and writings, participate in pre-bid conferences and other
conferences and providing information/responses to the Authority, representing us in all matters before
the Authority, signing and execution of all contracts including the Concession/License Agreement and
undertakings consequent to acceptance of our Bid, and generally dealing with the Authority in all
matters in connection with or relating to or arising out of our Bid for the said Project and/or upon award
thereof to us and/or till the entering into of the Concession Agreement with the Authority.
AND we hereby agree to ratify and confirm and do hereby ratify and confirm all acts, deed, matters and
things lawfully 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.
Capitalised terms not defined herein shall have the meaning assigned to them under the RFP.
IN WITNESS WHEREOF, …………………………., THE ABOVE NAMED PRINCIPAL HAVE EXECUTED THIS POWER
OF ATTORNEY ON THIS ……… DAY OF …………., 2…..
For …………………………..
(Signature)
(Name, Title and Address)
Witnesses:
(Notarised)
Accepted
…………………………… (Signature)
(Name, Title and Address of the Attorney)
Notes:
1. The Power of Attorney for signing of Bid must be submitted in original
22
2. 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.
3. Wherever required, the Bidder should submit for verification the extract of the charter documents
and documents such as a resolution/ power of attorney in favour of the person executing this Power
of Attorney for the delegation of power hereunder on behalf of the Bidder.
4. 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.
23
Annexure – IV
Power of Attorney for Lead Member
(In case of Consortium)
Whereas the Authority has invited proposals from interested parties for “Selection of Ro-Pax Vessel
Operator across Ferry Wharf to Mandwa / Ferry Wharf to Nerul.”
Whereas, ___________, ________ and _______ (collectively the “Consortium) being Members of the
Consortium are interested in bidding for the Project and implementing the Project in accordance with
the terms and conditions of the Request for Proposal (RFP) Document and other connected documents
in respect of the Project, and
Whereas, it is necessary under the RFP Document for the members of the Consortium to designate one
of them as the Lead Member with all necessary power and authority to do for and on behalf of the
Consortium, all acts, deeds and things as may be necessary in connection with the Consortium’s bid for
the Project who, acting jointly, would have all necessary power and authority to do all acts, deeds and
things on behalf of the Consortium, as may be necessary in connection with the Consortium’s bid for the
Project.
NOW THIS POWER OF ATTORNEY WITNESSETH THAT;
We, M/s. __________________________(Lead Member) and M/s __________________ (the respective
names and addresses of the registered office) do hereby designate M/s.
_________________________________ being one of the members of the Consortium, as the Lead
Member of the Consortium, to do on behalf of the Consortium, all or any of the acts, deeds or things
necessary or incidental to the Consortium’s bid for the Project, including submission of
application/proposal, participating in conferences, responding to queries, submission of information/
documents and generally to represent the Consortium in all its dealings with the Authority, any other
Government Agency or any person, in connection with the Project until culmination of the process of
bidding and thereafter till the Concession Agreement is entered into with the Authority.
We hereby agree to ratify all acts, deeds and things lawfully done by Lead Member, our said attorney
pursuant to this Power of Attorney and that all acts deeds and things done by our aforesaid attorney
shall and shall always be deemed to have been done by us/Consortium.
Dated this the _____day of _____, 2016
__________________________
(Executants)
24
Notes:
1. This Power of Attorney must be submitted in original.
2. 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.
3. Wherever required, the Bidder should submit for verification the extract of the charter documents
and documents such as a resolution/ power of attorney in favour of the person executing this Power
of Attorney for the delegation of power hereunder on behalf of the Bidder.
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.
25
Annexure – V
Details of the Eligible Experience
Project Code: Member Code:
Item
Particulars
Title of the project
Nature of the project
Route of operation in the project
Entity for which the project was
developed/maintained (with address)
Location
Date of commencement of project/ contract
Date of completion/ commissioning
Type of vessel:
Specifications and capacity
Details of number of passengers transported yearly
and related details
Equity shareholding
(with period during which equity was held)
Instructions:
1. Bidders are expected to provide information of only one Eligible Project in this Annex. The project cited
must comply with the eligibility criteria specified. Information provided in this section is intended to
serve as a backup for information provided in the Bid. Bidders should also refer to the Instructions
below.
2. For a single entity Bidder, the Project Codes would be a, b, c, d etc. In case the Bidder is a Consortium
then for Member 1, the Project Codes would be 1a, 1b, 1c, 1d etc., for Member 2 the Project Codes shall
be 2a, 2b, 2c, 2d etc., and so on.
3. Member Code shall indicate NA for Not Applicable in case of a single entity Bidder. For other Members,
the following abbreviations are suggested viz. LM means Lead Member, TM means Technical Member,
FM means Financial Member, OMM means Operation & Maintenance Member; and OM means Other
Member.
26
4. Particulars such as name, address and contact details of owner/ Authority/ Agency (i.e. concession
grantor, counter party to PPA, etc.) may be provided.
5. The date of commencement of the project must be mentioned.
6. The date of commissioning of the project, upon completion, should be indicated.
7. The equity shareholding of the Bidder, in the company owning the Eligible Project, held continuously
during the period for which experience is claimed, needs to be given
8. Experience for any activity relating to an Eligible Project shall not be claimed by two or more Members
of the Consortium. In other words, no double counting by a consortium in respect of the same
experience shall be permitted in any manner whatsoever.
9. Certificate from the Bidder's statutory auditor or its respective clients must be furnished for each Eligible
Project. In case of applicants that do not have statutory auditors, the auditors who audit the annual
accounts of the Bidder/ Member may provide the requisite certification.
10. It may be noted that in the absence of any detail in the above certificate, the information would be
considered inadequate and could lead to exclusion of the relevant project in computation of Technical
Capacity.
27
Annexure-VI
Commercial Proposal
Bidding criteria
Sr. No. Route
Minimum assured payment (premium)*
In figures In words
1 Ferry Wharf to Mandwa
(Ro-Pax)
Rs……….. Rs………..
2 Ferry wharf to Nerul
(passenger ferry)
Rs…………. Rs………….
* In case of any discrepancy, the amount quoted in words will be considered as final bid amount.
Payment to MMB
I/WE THE UNDERSIGNED, AGREE TO PAY , the minimum assured payment (premium), per month or10 %
of the revenue generated from sales of ticket (after deducting passenger levy), whichever is higher.
WE FURTHER ACKNOWLEDGE AND AGREE THAT:
1. I/We shall be paying the stipulated share of 10% on passenger levy to MAHARASHTRA
MARITIME BOARD (or the rate as amended by subsequent Government regulations) in addition
to the annual license fee as per Government regulations
2. This offer is valid for a period of 90 days from the Bid Submission Date or such extended date as
may be determined by MAHARASHTRA MARITIME BOARD.
3. 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, in consultation
with the MMB.
4. I/We have read and understood the terms and conditions of the Request for Proposal and
documents and hereby unequivocally and unconditionally accept the same.
5. I/We understand that you are not bound to accept any proposal you receive.
6. In case our offer is accepted and if we fail to pay the amount in the manner specified by
MAHARASHTRA MARITIME BOARD, the amount of Performance Security and any further
instalments paid by us under this offer shall stand absolutely forfeited by MAHARASHTRA
MARITIME BOARD.
28
7. The decision of MAHARASHTRA MARITIME BOARD concerning this transaction shall be final and
binding on us.
We hereby declare that the information stated hereinabove is complete and correct and any error or
omission therein, accidental or otherwise, will be sufficient justification for MAHARASHTRA MARITIME
BOARD to reject our Bid and/or to cancel the award
______________________________________
Signature of the Authorized Signatory of the Bidder
Full Name
Designation (as applicable)
Name of the Company (as applicable)
Address
Date
29
ANNEXURE VII
Annual Average Turnover of the Firm
S.No. Year Turnover in Rs.
Seal and Signature, name and designation of the Chartered Accountant
Seal and Signature, name and designation of the Authorised Signatory
For and on behalf of...........................
30
Annexure-VIII
ANTI BLACKLISTING CERTIFICATE
(on a stamp paper of Rs. 100/-)
I M/s. ……………… (Name of the Bidder), (the names and addresses of the registered office) hereby certify and
confirm that we or any of our promoter/s / director/s are not barred by Government of India (GoI) / any other
entity of GoI or blacklisted by any state government/ department / local government / agency in India or from
abroad from participating in Project/s, either individually or as member of a Consortium as on the ____________
(Bid Submission Date).
We further confirm that we are aware that our application for the captioned project would be liable for rejection
in case any material misrepresentation is made or discovered with regard to the requirements of this RFP at any
stage of the Bidding Process or thereafter during the agreement period.
Dated: _____________
Name and seal of the Bidder:
Sign of the authorised person:
Name of the designation of Authorised person:
31
Annexure-IX
Undertaking
It is certified that the information furnished here in and as per the document submitted is true and correct and
nothing has been concealed or tampered with. We have gone through all the conditions of RFP and are liable to
any punitive action for furnishing false information / documents.
Dated: _____________
Name and seal of the Bidder:
Sign of the authorised person:
Name of the designation of Authorised person:
