Request for Proposal (RFP) for Selection of Asset Valuer to carry out Valuation of Private Ports & Captive Jetties of Gujarat Maritime Board (GMB).

Technical Bid should be submitted physically as well as online through

RFP for Selection of Asset Valuer to carry out Valuation of Private Ports & Captive Jetties of Gujarat

S. N. Section Page No

1 CHAPTER – 1 – BID NOTICE

2 CHAPTER – 2 - ELIGIBILITY CRITERIA

3 CHAPTER – 3 - ISSUE AND RECEIPT OF BID DOCUMENT

4 CHAPTER – 4 – INTRODUCTION

5 CHAPTER – 5 – SCOPE OF WORK

6 CHAPTER – 6 – TIMEFRAME & TEAM

7 CHAPTER – 7 – DESIRABLE OUTCOME OF THIS WORK

8 CHAPTER – 8 – PAYMENT TERMS

9 CHAPTER – 9 – ELIGIBILITY & BID EVALUATION CRITERIA

10 CHAPTER – 10 – INSTRUCTIONS TO BIDDERS

11 CHAPTER – 11 – GENERAL TERMS AND CONDITIONS

RFP for Selection of Asset Valuer to carry out Valuation of Private Ports & Captive Jetties of Gujarat

GUJARAT MARITIME BOARD

Sagar Bhavan, Opp. Air Force Station,

"CHH" Road, Sector - 10/A,

Gandhinagar 382 010, GUJARAT (INDIA)

Gujarat Maritime Board (GMB) invites offers from reputed well-experienced

agencies/ firms for Selection of an accredited Asset Valuer to carry out Valuation of

Private Ports & Captive Jetties of Gujarat Maritime Board (GMB).

The following table enlists important milestones and timelines for completion of

bidding activities:

S.N. Milestone Date and Time

1. Release of RFP 20/12/2025

2. Last Date of Receiving Queries (RFP) 05/01/2026 Upto 18:10 Hrs.

@ Board Room, Gujarat

3. Pre-bid Conference Maritime Board, 2nd Floor,

GIFT House - Office, Gujarat

International Finance Tec-City,

Gandhinagar, Gujarat -

Last date for submission of the

Technical & Financial Bid online

Last date of submission of physical

5. copy of the Technical Bid by 02/02/2026 Upto 18:10 Hrs.

RPAD/Speed Post

6. Opening of Technical Bids 04/02/2026

7. Opening of Financial Bids 07/02/2026

RFP for Selection of Asset Valuer to carry out Valuation of Private Ports & Captive Jetties of Gujarat

2. ELIGIBILITY CRITERIA

2.1. Reputed firms having adequate experience in the field of Valuation in dealing

with Government, PSUs, other organizations etc. who qualify as per the

eligibility criteria mentioned in Chapter –

2.2. Bids shall be evaluated mainly for assessment of technical capacity, relevant

experience (including past performance) and financial capacity.

2.3. Bid evaluation shall be carried out as per norms laid down by the Gujarat

Maritime Board.

3. ISSUE AND RECEIPT OF BID DOCUMENT

3.1. The Bid Document shall be available for downloading on GMB and n-

procurer's website and the same shall have to be submitted duly filled in

along with Tender fee and EMD mentioned in 3.6 & 3.7 clause of this section.

3.2. It may be noted that the printed hard copy of the bid documents shall not be

issued. The consulting firms are required to download the same from GMB

3.3. The bidders shall upload the completely filled bid document online on n-

procurer's website on or before 18:10 hours, 22nd January, 2026. The

physical bid with all the supporting documents shall be sent by Registered

post AD/ Speed Post so as to reach the Head Office, GMB on or before 18:10

hours, 02nd February, 2026 i.e. the last date of receipt of the Bid.

3.4. The following should be the composition of the Bid submitted in physical:

One main sealed envelope with “RFP for Selection of Asset Valuer to carry

out Valuation of Private Ports & Captive Jetties of Gujarat Maritime

Board” and bidder’s name in BLOCK LETTER written on top. This main

envelope shall contain following two envelopes:

3.4.1 One envelope containing the documents mentioned in clause

shall be submitted physical with supporting documents and bidder’s

name in BLOCK LETTER written on top

3.4.2 One envelope containing the Tender Fee and EMD, with “TENDER FEE

AND EMD” and bidder’s name in BLOCK LETTER written on top

RFP for Selection of Asset Valuer to carry out Valuation of Private Ports & Captive Jetties of Gujarat

3.5. A scanned copy of Tender Fee and EMD shall be uploaded along with the bid

documents in electronic format also. During the opening of online bid if it is

found that above details of fees mentioned is not submitted physically on or

before the due date, tender of such agency shall not be considered

3.6. Tender fee of Rs. 5,000/- plus Rs. 900 (@18 % GST) totaling to Rs. 5,900/-

which shall be non-refundable shall have to be furnished in form of DD issued

by Nationalized/ Scheduled bank drawn in favour of “Gujarat Maritime

Board” payable at Gandhinagar while submitting the completed documents.

3.7. Earnest Money Deposit (EMD) of Rs. 1,18,000/- (Rs One Lakh Eighteen

thousand only) i.e. inclusive of GST amount, in the form of DD issued by

Nationalized/Scheduled bank drawn in favour of “Gujarat Maritime Board”

shall have to be furnished along with bid documents.

3.8. Except in the case of successful bidders, EMD of the other bidders would be

returned within 180 days of the award of the assignment.

3.9. The bid document without tender fees of Rs. 5,900/- in the form of DD and

EMD of Rs. 1,18,000/- in the form of DD shall be rejected.

3.10. For information relating to the assignment, following officer may be

General Manager (PPP),

Gujarat Maritime Board,

2nd Floor, GIFT House - Office,

Gujarat International Finance Tec-City,

Gandhinagar, Gujarat -

Email: [email protected]

3.11. All communications including the submission of Bid should be addressed

General Manager (PPP),

Gujarat Maritime Board,

2nd Floor, GIFT House - Office,

Gujarat International Finance Tec-City,

Gandhinagar, Gujarat -

Email: [email protected]

3.12. The official website of the authority is http://www.gmbports.org

3.13. (N) Procure Website: https://gmbtender.nprocure.com

RFP for Selection of Asset Valuer to carry out Valuation of Private Ports & Captive Jetties of Gujarat

In case bidders need any clarifications or if training is required to

participate in online tenders, they can contact (n) Procure Support team

at following address:-

(n) Code Solutions – A division of GNFC

Ltd., (n) Procure Cell, 4bl03, GNFC Info

S.G. Road, Bodakdev, Ahmedabad –

Contact Details of (n) code Solutions:

E-mail: [email protected]

[Note: Please open the page “Tenders” to access all the posted and

uploaded documents related to this RFP].

RFP for Selection of Asset Valuer to carry out Valuation of Private Ports & Captive Jetties of Gujarat

4. INTRODUCTION

4.1. Gujarat Maritime Board (GMB) has established itself as the maritime leader

in port development, privatization and specialized cargo handling in India. It

is the first maritime board of the country, which was set up in 1982, with a

vision to capture the strategic advantage of India’s longest coastline which

Gujarat is endowed with; develop maritime infrastructure, facilities &

services comparable with global standards and to place Gujarat prominently

on the international shipping map. GMB is responsible for development,

administration, operation and regulation of the non-major ports and

maritime activities in Gujarat.

4.2. Gujarat’s position today as India’s premier maritime state owes a lot to its

strategically located longest coastline of 1600 Kms and the visionary

initiatives of GMB. GMB has revolutionized the port sector in the country by

introducing Port Policy in 1995, more than 28 years ago, which acted as a

catalyst in private sector participation in port development approach by

propelling investments in modernizing port infrastructure, operational

efficiency, and seamless hinterland connectivity.

4.3. Over the last three decades, GMB institutionalized the concept of integrated

port-led development of its non-major ports, supported by last mile rail &

road connectivity. This was effectively implemented by bringing right

private partners through several pioneering models of privatization such as

privatizing port services, private jetties, captive jetties, joint venture ports

and development of private ports. There is a continuous increase in the cargo

on GMB ports which increased from 16 MMT in 1995 to 449 MMT in

4.4. The development and operation of ports is being carried out through

multiple models like BOOT model for private ports, BOMT for captive jetties,

and BOT model for private jetties. With the help of these policies, GMB has

facilitated private players to develop the first private greenfield port in India

at Pipavav in 1996, first chemical terminal (Gujarat Chemical Port Terminal

Company Limited) of India at Dahej in 2001 and the first LNG terminal

(Petronet LNG Limited) of India at Dahej in 2004. Mundra, a private port

located in Gulf of Kutch, has evolved to become the largest multipurpose port

in the country.

4.5. As GMB has adopted patten of single levy charge from Private Ports (Which

includes Concession and Sub Concession Agreement), Concessionaire only

pays Waterfront Royalty charges to Government of Gujarat as single levy

charge & lease rental (in case land is provided by GMB) to GMB. VTMS fees

are mandatory and directly levied on respective port user.

RFP for Selection of Asset Valuer to carry out Valuation of Private Ports & Captive Jetties of Gujarat

4.6. Since each of the models have separate terms of agreement, they need to be

managed separately taking into consideration the prevalent contractual

arrangements in line with the relevant policies and notifications.

Objectives of the Study

4.7. Captive jetties were constructed by the licensee/ industry at their own cost

for their captive use and are granted rebates in wharfage charges by GMB/

GoG till their capital cost is set-off. In December 1993, the GoG for the first

time declared concessional wharfage charges for captive jetties till the cost

of construction was set-off or till 25 years whichever was earlier.

4.8. In continuation thereof, GoG prescribed (May 1999) the terms and

conditions related to Captive Jetty Agreements (CJAs), which were adopted

by GMB in 24 CJAs that it had entered into till April 2011. The relevant

provisions of CJAs will be shared with selected bidders.

4.9. As per the terms of CJA, the GMB allowed rebate on the wharfage charges

declared in the SoPC for setting off the Capital Cost of Construction (CCoC) of

4.10. The components of CCoC other than interest was to be computed based on

books of accounts of the licensee.

4.11. A technical team of the GMB verified the construction with approved

drawings and submitted its report to the Captive Jetty Cost Verification

Committee (CJCVC). Based on the technical report, a Chartered Accountant

(CA) appointed by the GMB verified the actual cost of construction with

vouchers, books of accounts of licensee, and submitted a consolidated report

to CJCVC of the allowable actual cost of construction.

4.12. The CJCVC after getting the approval of the licensee for the finalised cost,

added the interest during construction at the prescribed rates and

forwarded this verified cost to the GMB. The CCoC was allowed to be

increased by maintenance cost to the extent of 25 per cent of actual cost of

construction i.e., maximum five per cent of the actual cost for any five years;

if the licensee claimed maintenance cost with vouchers within ten years of

construction and the same was approved by the CJCVC. In cases where

finalisation of CCoC was delayed, CJCVC added the maintenance cost while

finalising the cost at their level itself.

4.13. As per the CJAs, the rebates were allowed from the wharfage charges

declared in the SoPC until the CCoC was set-off.

RFP for Selection of Asset Valuer to carry out Valuation of Private Ports & Captive Jetties of Gujarat

4.14. The rebate and concession allowed as per the terms and conditions

prescribed in May 1999 were discontinued in January 2010. This

discontinuance was to be effective for new captive jetties commissioned

after March 31, 2012. The GMB entered into three CJAs subsequently after

the rebate and concession were discontinued.

4.15. GMB has signed various concession agreements with different private

operators for development of private ports in Gujarat. These concession

agreements have respective clauses related to valuation principles to be

followed by the parties. “Valuation of Immovable Contracted Assets and

Essential Movable Contracted Assets based on the Depreciated Replacement

Value (DRV) / Depreciated Replacement Cost (DRC) / Depreciated Historical

Cost (DHC) of assets shall be carried out in accordance with the most recent

guidelines of the Assets Valuation Standards Committee, Statement of Asset

Valuation Practice and Guidance Notes, The Royal Institution of Chartered

Surveyors, United Kingdom, Publication dated 2000 as amended from time

4.16. Purview of recent development in India, Companies Act, 2013 and

Insolvency and Bankruptcy Code, 2016, the Valuation Agencies are to be

compliant with the provisions of Companies (Registered Valuers and

Valuation) Rules, 2017 (“Rules 2017”) made under provisions of Section

of Companies Act

4.17. GMB have total 7 concession agreements and sub concession agreements

with Private players in Mundra, Pipavav, Dahej and Hazira. Further, GMB also

desire to carry out cost verification and valuation of total 24 Captive Jetties.

The approximate value of the asset given in Financial Proposal:

4.18. GMB seeks services from reputed qualified firms / organizations /

consultants, i.e., ‘Bidders’ to act as Asset Valuer OR Professional Valuer for

Private Ports & Captive Jetties of GMB.

4.19. Valuation of each Private Ports & Captive Jetties would be considered by

GMB as single assignment.

5. SCOPE OF WORK

5.1 GMB intends to engage the services of Asset Valuer (who would be selected

from the accredited Valuation Agencies, who would submit bid to GMB) to

assist in the following activities:

5.1.1 The broad scope of work for the Asset Valuer is to carry out market valuation

based on the Depreciated Replacement Value (DRV)/ Depreciated

Replacement Cost (DRC)/ Depreciated Historical Cost (DHC) of contractual

RFP for Selection of Asset Valuer to carry out Valuation of Private Ports & Captive Jetties of Gujarat

assets as per respective Concession Agreements signed with private

developers which may include, land & buildings, furniture & fixtures, civil

infrastructure like terminal, jetty, berth, breakwater, quay, cranes, roads,

drains, compound wall, etc. and plant & machinery including electrical, stock

inventory of spares in stores etc. on “as is where is basis”.

5.1.2 Examine the Captive Jetty Agreement / construction contract, including the

scope of work, specifications, and cost estimates. Analyse all relevant cost

documentation, including invoices, receipts, change orders, and progress

payment certificates.

5.1.3 To review the application submitted by applicants for its completeness in all

5.1.4 To ensure the eligibility of applicant for disbursement of incentives under

Port Policy 1995 / Captive Jetty Agreement as per the various terms and

conditions laid down and approval order issued.

5.1.5 To ensure whether the capex allowed for incentives is in-line with the

approved list of items under various Heads mentioned in the approved

5.1.6 In estimating the market value for the above assets, the Valuer shall:

5.1.6.1 Clearly identify and describe the property being valued factoring into the

inventory provided by the Company.

5.1.6.2 Due Diligence and Review of the location, site plans, plant & machinery

and due diligence on approvals from various regulatory authorities as

applicable, layouts, etc. Review of physical encumbrances, if any.

5.1.6.3 Collect information and conduct due diligence of matters like market

information, quotations and offers of similar assets sold or available in

close proximity to the subject property.

5.1.6.4 Valuation of Immovable Contracted Assets and Essential Movable

Contracted Assets shall be carried out in accordance with the most recent

guidelines of the Assets Valuation Standards Committee, Statement of

Asset Valuation Practice and Guidance Notes, The Royal Institution of

Chartered Surveyors, United Kingdom, Publication dated 2000 as

amended from time to time.

5.1.6.5 State any assumptions or limiting conditions that may affect the analysis,

opinions and conclusions.

5.1.6.6 Provide sufficient information to permit those who read and rely on the

report to fully understand the data, reasoning, analyses and conclusions

underlying Asset Valuer`s findings, opinions and conclusions.

5.1.6.7 Completely and understandably set forth the valuation report in a

manner, which will be comprehensive, accurate, and not in any manner

5.1.7 In addition to above scope of work, the Valuation Report should, inter alia,

provide the following:

RFP for Selection of Asset Valuer to carry out Valuation of Private Ports & Captive Jetties of Gujarat

5.1.7.1 Assessment on the aspects mentioned above while considering the

Concession Agreements signed with respective developer of Private

Ports & Captive Jetties and other considerations taken in valuation of

assets and how these have been considered in arriving at the values.

5.1.7.2 Value of the fixed assets covering Marine assets, land, building, plant and

machinery and other fixed assets, indicating the following:

i. Land: Land and title details, values arrived at with reference to

various sources/methods, market value, circle rate; final

recommended value etc.

ii. Building: Specifications, condition computation of fair value (such

as details regarding current costs, depreciation for past usage,

additional cost required for repair & renovations, etc.)

iii. Immovable assets: Specification, condition, computation of value

of plant and machinery, terminal, jetty, berth, breakwater, quay

(such as details regarding current costs, depreciation for past

usage, additional cost required for repair & renovations, scrap value

factoring into the obsolescence in technology, etc.)

iv. Other Fixed Assets: Specifications, condition, depreciation for past

usage and additional cost required for repair and renovation, values

arrived at with respect to various sources/methods.

v. Any other matter which the Valuer in his own judgment feel is

worth indicating Replacement Value and Realizable Value for the

above assets must be shown separately. If in the opinion of the

valuer certain Assets are likely to realize only scrap value, the same

should be clearly indicated with suitable justifications for the same.

5.1.8 To ensure compliance with the relevant clauses mentioned in the concession

agreement while preparing the report.

5.1.9 Site visit by Asset Valuer to carry out verification of all Vouchers, Invoices

Receipts, Delivery Challans, Books of Accounts, Bank Statements, Stocks and

Stores, Records taking into account the provisions of Agreements/Work

Orders for the works ascent to other company and the Minutes/MoUs

executed between, if any along with the running Bills and final bills.

5.1.10 Site visit, inspecting the structures, verifying all records and vouchers as per

the project approved by GMB of civil construction cost, labour cost as well as

quantity assessment of material utilized therein by local technical team as

and when applicable

5.1.11 Physical valuation of assets also includes inspection of the installation of

machinery at site, compliance with approval order and policy/ guidelines

and investment done is in line with approval order of the projects

5.1.12 Comparison of cost basis prevailing GMB Schedule of Rates with the rates

actually paid as per the vouchers

5.1.13 Ensuring that the "amount(s)" claimed as eligible cost to not include cost of

sub/super structure needed to respective captive jetty holders' line of

RFP for Selection of Asset Valuer to carry out Valuation of Private Ports & Captive Jetties of Gujarat

business and also that all ineligible components (appurtenant land, plant &

machinery, overheads, insurance, interest, etc. routinely claimed are

5.1.14 Submission of comprehensive report to the committee of CJ-CVC

5.1.15 Coordination with team of developer of Private Ports & Captive Jetties and

obtain their comments and opinion on the draft report before submission to

5.1.16 Final submission of report to VC&CEO and subsequent submission to the

board of GMB upon incorporation of comments from CJ-CVC and acceptance

by respective developer of Private Ports & Captive Jetties.

6. TIMEFRAME & TEAM

6.1 The contract period shall be 1 year from the date of work order. However,

the same may be extended for another year with same rate upon satisfactory

performance on mutually agreeable terms and conditions.

6.2 It is required that the Valuer has sufficient expertise, experience and relevant

resources (in the fields of civil, electrical, mechanical, marine, finance, etc.)

available on the assignment to ensure timely submission of valuation

reports. At least one expert having experience of port asset valuation and an

experienced Practising Fellow of the Institute of Chartered Accountants of

India with Unique Document Identification Number (UDIN) as part of core

group of experts to be associated with the asset valuation.

RFP for Selection of Asset Valuer to carry out Valuation of Private Ports & Captive Jetties of Gujarat

7. DESIRABLE OUTCOME OF THIS WORK

7.1 The Asset Valuer shall submit hard copies along with soft copies of each

deliverable for reviewing, comments and approval.

7.2 Reports submitted by the Asset Valuer shall cover following aspects in respect

of any assignment, including but not limited to

a) Details of the asset being valued;

b) Purpose and Context of valuation;

c) Identity of the any other experts involved in the valuation;

d) Disclosure of valuer interest/conflict, if any;

e) Date of appointment, valuation date and date of report;

f) Sources of information;

g) Procedures adopted in carrying out the valuation;

h) Valuation assumptions and methodology and reasons for not

resorting to other methodologies which could be resorted to for

valuation of same asset;

i) Major factors that have a material impact on the valuation;

j) Conclusion; and

k) Caveats, limitations and disclaimers

7.3 Separate report to be prepared and submitted for each of the Private Ports &

Captive Jetties.

7.4 Final approval will be considered when the deliverable is approved by both the

GMB and respective private entity concerned

8. PAYMENT TERMS

8.1 Payment to Asset Valuer will be released based on the below mentioned

milestone for each Private Ports and Captive Jetties

S.N. Milestone t

1 Inception Report 10%

Submission of Draft Report to CJ CVC & Private Ports &

Captive Jetties

3 Acceptance of draft report by CJ CVC 15%

4 Acceptance by Private Ports & Captive Jetties 15%

Submission and acceptance of Final report to VC & CEO and

RFP for Selection of Asset Valuer to carry out Valuation of Private Ports & Captive Jetties of Gujarat

8.2 No allowance for travel or otherwise shall be payable to selected bidder for

attending Head Office, Gandhinagar / Ahmedabad or any other site visit for

this assignment.

8.3 All deliverables shall be the property of GMB

8.4 Firms shall maintain strict confidentiality of the documents handled by them

during the assignment.

8.5 The Asset Valuer shall ensure that each Deliverable, together with the

corresponding presentation, is presented by the designated Key Expert to

the Committee Members and the Competent Authorities of the Gujarat

Maritime Board (GMB). The Asset Valuer shall further ensure attendance at

all important meetings, as and when scheduled by GMB, in accordance with

the requirements of the Project, without any additional cost whatsoever to

9. ELIGIBILITY & BID EVALUATION CRITERIA

9.1. Eligibility Criteria

Reputed Firm/Agency/Asset Valuer must have the following criteria to

participate in the bidding as per the scope of services given in Scope of Work.

The bids will be evaluated mainly for assessment of relevant experience

(including past performance), technical capacity, and financial capacity, as

detailed below.

Reputed Firm/Agency/Asset Valuer, involved in valuation of mega

infrastructure projects preferably in ports and maritime sector, shall be a

single entity (proprietorship, partnership including LLPs or company),

consortiums of maximum three shall be allowed for the bid.

a) However, in case a partnership entity or company is empaneled as

Asset Valuer, it shall allow only the partner or director who is a

registered valuer, for the asset class (es) that is being valued, to sign

and act on behalf of it.

b) In case a partnership entity or company is empaneled as Asset Valuer,

it shall disclose to the authority concerned, the extent of capital

employed or contributed in the partnership entity or the company by

the partner or director, as the case may be, who would sign and act in

respect of relevant valuation assignment for the company;

c) In case a partnership entity/ Consortium is empaneled as Asset

Valuer, it shall be liable jointly and severally along with the partner

who signs and acts in respect of a valuation assignment on behalf of

the partnership entity;

RFP for Selection of Asset Valuer to carry out Valuation of Private Ports & Captive Jetties of Gujarat

d) In case a company is empaneled as Asset Valuer, it shall be liable along

with the director who signs and acts in respect of a valuation

assignment on behalf of the company;

e) In case a partnership entity or company is empaneled as Asset Valuer,

it shall immediately inform the Authority on the

removal/change/retirement/death/incapacitation of a partner or

director, as the case may be, who is a registered valuer along with

detailed reasons for such removal.

9.2. Firm’s Experience

9.2.1 The applicant should be an organization, corporate house, institution,

consulting firm and should be a valuer registered in India with Income Tax

Department / Insolvency and Bankruptcy Board of India (IBBI)/ Valuers

under SARFAESI Act, 2002 (Valuers registered u/s 34AB of Wealth Tax Act,

1957) having minimum 10 years of experience in providing similar asset

valuation services or in particular valuation of ports/terminals/ jetties etc.

9.2.2 Atleast 3 members of the firm as full time associated, should be a member of

any 1 of the indicated Professional Valuer Bodies/ Association

 Institution of Valuers

 Institution of Surveyors (Valuation Branch)

 Institution of Govt. Approved Valuers

 Practicing Valuers Association of India

 Institution of Engineers

 Centre for Valuation Studies, Research and Training

 Appraisal Institute USA.

 Institute of Estate Managers and Appraisers

 Membership of Royal Institution of Chartered Surveyors (RICS)

9.2.3 The firm must have valid Goods and Services Tax Registration. (Please

submit a copy of the Registration Certificate).

9.2.4 The firm shall have carried out at least One assignment on Valuation services

for Government Companies / Corporations / Boards / Public Limited

Companies with valuation of infrastructure over Rs. 1000 crore. During the

last seven years ending March 2025 (Copy of self-attested appointment

letters shall be submitted).

9.2.5 The firm must not have been debarred / delisted or blacklisted by any State

Government/ Central Government / PSU / Reputed Organizations for any

reason in the last three financial years as on the date of submission of bid

under this RFP.

RFP for Selection of Asset Valuer to carry out Valuation of Private Ports & Captive Jetties of Gujarat

9.3. Technical Evaluation: - Technical Score

a) For the Technical Evaluation of the Bids, the Committee will use the

following contribution of respective groups of factors. This Technical Score

will be called T.

Sr. Particulars Minimum Points System Max.

No. Criteria Marks

I. Years of Existence of the Minimum More than 10 but up to

firm as on 01-04-2025 10 years 15 years = 5 Marks

More than 15 but up to

25 years = 10 Marks

More than 25 years =

II. The applicant should have More than 1 but up to 3

completed at least one Assignments = 5 Marks

International valuation of More than 3 but up to

infrastructure assets like Assignments =

port, waterfront, terminal, Marks

jetty, equipment, or large More than 5 = 15 Marks

scale non maritime mega

infrastructure projects of

Rs. 500 crores or more

during the last seven

financial years.

III. Experience of assignment Minimum 1 More than 1 but up to 3

on Valuation services for assignment Assignments = 5 Marks

Government Companies /

More than 3 but up to

Corporations / Boards /

Public Limited Companies

with valuation of

infrastructure over Rs. More than 5 but up to

1000 crore 10 Assignments =

(No. of assignments

handled during last 7 Years

will be considered)

IV. The applicant should have Minimum 1 More than 1 but up to 3

completed at least one assignment Assignments = 5 Marks

valuation of port assets like

port, waterfront, terminal,

RFP for Selection of Asset Valuer to carry out Valuation of Private Ports & Captive Jetties of Gujarat

jetty, equipment, etc. of Rs. More than 3 but up to

500 crores or more during Assignments =

the last 7 financial years Marks

with any Maritime Board/ More than 5 = 15 Marks

Major Port Authorities of

India/ Private sector -

Ports/Jetties/Terminal.

V. The applicant should have Minimum above Rs. 50 Crores but

an average annual turnover Rs. 50 up to Rs. 100 Cr. =

of at least INR 50 Crores Crores Marks

during the last three Above Rs.100 Cr. =

financial years, out of Marks

which a minimum of INR

10 Crores per year should

be from the valuation

business. In the case of a

Consortium, Lead members

should satisfy the above

VI. Technical Presentation Marks will be awarded

based on understanding

of the assignment,

methodology, work plan

and way forward

Note: A bidder must obtain at least 70% of the 70 marks (from sections S.N. I to

V) to qualify for the Technical Presentation.

9.4. Total Technical Score:

Bidder must secure at least 70% marks in technical presentation for further

The total Technical Score of any bidder would be an arithmetic sum of scores

obtained by the bidder for each of the parameters indicated above in 9.3.

The technically eligible bidder securing minimum 70 marks in overall

technical evaluation shall be eligible for Financial Bid opening.

RFP for Selection of Asset Valuer to carry out Valuation of Private Ports & Captive Jetties of Gujarat

9.5. Financial Bid

9.5.1 In the Financial Bid, the bidders are required to quote their lump sum

professional fee against each assignment, which would cover the fees and all

out-of-pocket expenses for undertaking the assignment and excluding of

applicable GST, online through n-procure, no hard copy of the Financial

Bid should be submitted. All travel, boarding and related expenditure

associated with visits of Asset Valuer to various places in Gujarat, for

execution of project, will be borne by Asset Valuer /Agency as mentioned in

9.6. Selection of Asset Valuer

9.6.1 The final evaluation of Bids shall be on Lowest Quote against each

assignment as listed out in the Financial Proposal.

9.6.2 Asset Valuer , who becomes L-1 against particular assignment, same shall be

awarded the mandate.

9.6.3 All selected bidder/s must sign Non Disclosing Agreement (NDA) with GMB

before starting the assignment.

9.6.4 GMB, however, reserves the right to reject any or all the bids received,

without assigning any reasons and any liability to GMB.

Note: Bidders shall submit all the relevant information with attested

documentary proof required for assessment as described above.

10. INSTRUCTIONS TO BIDDERS

10.1. Introduction

10.1.1 The Bidders are invited to submit a Technical Bid as per the formats given in

Section-2 in two separate sealed covers for providing Valuation services

required for the assignment. The selection would be on the Technical

evaluation, subject to fulfilling the requirements of the Qualification Criteria.

The Bid submitted by the selected bidder will form part of the contract for

10.1.2 The Valuation Agencies shall at their own cost and risk undertake all the

activities associated with the preparation and submission of their Bids.

10.1.3 GMB is not bound to accept any or all Bids and reserves the right to annul the

selection process at any time prior to award of contract, without any liability

10.1.4 The Valuation Agencies eligible for participating in the project should be a

single entity or Consortium of distinct entities only.

10.1.5 A Bidder who submits or participates in more than one Bid will cause all the

bids in which the Bidder has participated to be disqualified.

RFP for Selection of Asset Valuer to carry out Valuation of Private Ports & Captive Jetties of Gujarat

10.2. GMB’s Interest

The Asset Valuer shall provide professional, objective, and impartial advice

and at all times protect and uphold interests of the GMB and Government of

Gujarat paramount.

10.3. Proposed Validity

The Technical Bid to be submitted by the Bidders should be firm and valid

for a period of 180 days from the last date of submission of the bid.

10.4. Clarifications and Amendments to RFP Documents

10.4.1 Valuation Agencies may seek clarifications on the RFP document, if any,

before the Pre-bid Conference. Any request for clarification must be sent by

letter or email to GMB.

10.4.2 At any time before the submission of Bid, GMB may amend the RFP by issuing

an addendum, which shall be binding on the Valuation Agencies. The

Valuation Agencies shall acknowledge all amendments and submit along

with their Bids duly signed.

10.5. Content of the Bid

10.5.1 The Bid shall comprise of One main sealed envelope with “Request for

Proposal for Selection of Asset Valuer to carry out Valuation of Private Ports

& Captive Jetties of Gujarat Maritime Board” and bidder’s name in BLOCK

LETTER written on top. This main envelope shall contain following two envelopes:

10.5.1.1 Tender Fee and EMD envelope: Demand Draft towards Tender Fees, EMD

in separate envelope

10.5.1.2 Technical Bid envelope: This envelope shall contain Technical Bids

including Annexure I to Annexure VII.

10.6. Submission, Receipt and Opening of Bids

10.6.1 The Bid (Technical Bid) shall contain no interlineations or overwriting,

except as necessary to correct errors made by the Valuation Agencies

themselves. The person who signs the Bid must initial such corrections.

Submission letters for Technical Bids should respectively be in the formats

as specified in the RFP document.

10.6.2 The bids shall be signed and submitted by the Authorized Signatory of the

Bidder /Leader of the Bidding Consortium The authorization shall be

attached in the Technical Bid and shall be in the form of a written power of

attorney/board resolution or in any other appropriate form demonstrating

that the representative has been duly authorized to sign.

10.6.3 The Technical Bid shall be placed in a sealed envelope clearly marked

“TECHNICAL BID”. Similarly, for Tender Fee and EMD, the envelope shall be

RFP for Selection of Asset Valuer to carry out Valuation of Private Ports & Captive Jetties of Gujarat

clearly marked “TENDER FEE AND EMD” along with the bidder's name in

BLOCK LETTER written on top. The envelopes containing the Technical Bid

and EMD & Bid Processing fees shall be placed into an outer envelope and

sealed. This outer envelope shall be addressed to the General Manager (PPP),

Gujarat Maritime Board, super scribing on the Bid: “Request for Proposal

(RFP) for Selection of Asset Valuer to carry out Valuation of Private

Ports & Captive Jetties of Gujarat Maritime Board”.

10.6.4 The Bids must reach GMB on or before the last date of bid submission

specified in Chapter – 1 – Bid Notice, by Registered Post or by Speed Post

10.6.5 All supporting documents corresponding to the experience submitted

clearly mentioning the requisite information shall compulsorily be

submitted in Technical Bid. In cases where supporting documents are not

submitted showing the requisite information, projects shall not be

considered and shall be the sole responsibility of the bidder. Further, to

facilitate evaluation of Bids, GMB may, at its sole discretion, seek

clarifications in writing from any Bidder regarding its Bid.

10.6.6 Bidders must submit the same information online (n-procure portal) and

physical copy. Any discrepancy on both modes, only physical copy will

prevail for evaluation and GMB will reckon final decision accordingly.

10.6.7 The selected Asset Valuer will be informed of the decision made by GMB

through a letter after completion of the evaluation process.

10.7. Travel related to Projects

The officials of Valuation Agencies may be required to travel within Gujarat

for project related matters. No allowance shall be payable by GMB towards

the travel and related expenses.

10.8. Sub-Contract

The firm shall not assign or sub-contract any portion of this work.

10.9. Bankruptcy

If the firm becomes bankrupt or have a receiving order made against him or

compound with his creditors or being a corporation commence to be wound

up, not being a voluntary winding up for the purposes only or amalgamation

or construction, or carry on their business under a receiver for the benefit of

their creditors or any of them, the Company shall be at liberty.

a) To terminate the assignment forthwith without any notice in writing

to the firm or to the liquidator or receiver or to any person in whom

the firm may become vested.

b) To give such liquidator receiver or other person the option of

executing the Valuation assignment through the teams of the firm

subject to their providing a guarantee for the due and faithful

RFP for Selection of Asset Valuer to carry out Valuation of Private Ports & Captive Jetties of Gujarat

performance of the assignment up to an amount to be determined by

10.10. Abandonment of work

If any work included in the scope of bidding documents to be performed by

the firm is abandoned or suspended for any cause or reasons which cannot

be attributed to the firm, payment shall be made on a pro rata basis for the

work actually done and reported by firm.

10.11. Language

The offer must be submitted in English language. All documents,

specifications, schedules, notices, correspondences, operation and

maintenance, instructions or any other written material in connection with

this work shall be in English language.

10.12. No of the copies of reports

The firm should submit at least 3 hard copies as well as soft copies of each

The Bidder shall treat the details of the contract as private and confidential,

save in so far as may be necessary for the purposes thereof, and shall not

publish or disclose the same or any particulars thereof in any trade or

technical paper or elsewhere without the previous consent in writing of the

GMB. If any dispute arises as to the necessity of any publication or disclosure

for the purpose of the Contract the same shall be referred to the GMB whose

decision shall be final. The Bidder or his representative should neither

disclose the data nor sell the data or use it for commercial exploitation or

research work without the written permission of the GMB.

The bidder shall be bound to hand-over the entire set of records of

assignment to the GMB before the expiry of the contract, and before the final

payment is released by the GMB.

10.14. Legal disputes

Matter relating to any dispute or difference shall be subject to the exclusive

jurisdiction of courts at Gandhinagar only.

GMB shall issue the instructions for completion of quarterly

audit/submissions of reports with compliances at the start of quarterly audit

work, in case of delay in complying with audit schedules; a penalty of 0.5%

of the aggregate Valuation Fees per week of delay of the quarterly fees

subject to maximum of 10% shall be levied, if reasons are attributable to the

RFP for Selection of Asset Valuer to carry out Valuation of Private Ports & Captive Jetties of Gujarat

10.16. Conflict of Interest

The Asset Valuer shall be required to disclose, in its proposal, the existence

of any actual or potential conflict of interest, during the past seven (7) years

up to the date of submission, with the entity concerned with the assignment

or any of its parent company, subsidiaries, group companies, associated

companies, or affiliates.

In the event that such a conflict of interest is found to exist, the Asset Valuer

shall not be permitted to participate in, or shall be disqualified from

continuing with, the said assignment.

The Asset Valuer shall also remain under an obligation to promptly disclose

any conflict of interest that may arise at any stage during the course of the

10.17. Performance Security:

To ensure the due performance of the contract, the selected Asset Valuer

shall furnish a Performance Security prior to the commencement of the

assignment. The Performance Security shall be equivalent to 10% of the total

fees quoted (plus 18% GST) by the selected Asset Valuer. The Performance

Security shall be submitted in the form of a Bank Guarantee.

Note: Bank Guarantee of Schedule and Private Banks shall be considered as

per GoG Finance Department GR No. FD/MSM/e-file/4/2024/2859/D.M.O.

Date 01/05/2025 or as per their latest amendment.

11. GENERAL TERMS AND CONDITIONS

11.1. Definitions and Interpretations

11.1.1 "Agency" shall mean the individual firm or Company whether incorporated

or not under taking the Services and shall include the legal personal

representatives of such individuals or the persons composing the firm of Company

or the successors of the firm/Company and the permitted assignees of such

individual or firm of Company.

11.1.2 "Services" means the Services performed by the Agency.

11.2. Representation and Warranties

Agency warrants and covenants that the Services shall be performed to the

highest professional standards in a safe manner in accordance with accepted

practices in the area of trade show, exhibition for the marketing and

RFP for Selection of Asset Valuer to carry out Valuation of Private Ports & Captive Jetties of Gujarat

11.3. Termination

GMB shall be entitled to terminate this contract at no cost to:-

11.3.1 In the event of force majeure as defined elsewhere in this document

11.3.2 Forthwith by notice in writing to the Asset Valuer in the event Agency is

adjudicated or found bankrupt or insolvent or any order is made or

resolution passed for the winding up, liquidation or dissolution of the Asset

11.3.3 Forthwith by giving written notice to Agency, if Agency abandons this

Contract or if fails to perform or observe any of the obligations on its part to

be performed and observed hereunder and in the case of a breach capable of

remedy fails or refuses to take steps to remedy the same within seven (7)

days of written notice from GMB requiring the same to be remedied: or

11.3.4 For any other reason by giving Thirty (30) days written notice, stating the

reasons for termination.

11.4. Consequences of Termination

11.4.1 Termination of this Contract shall be without prejudice to any rights or

remedies accrued to either Party prior to such termination

11.4.2 No further payment shall become due to the Asset Valuer in respect of any

period after termination of this Contract with the exception only on any

payment previously accrued and due to Asset Valuer under the terms of this

11.5. Force Majeure

11.5.1 A delay in or failure of performance of any one or more of its obligations by

either Party shall not constitute default hereunder nor give rise to any claim

for damage if such delay or failure is wholly and directly caused by any

occurrence which the affected Party is unable to prevent including Acts of

God by the exercise of reasonable diligence the continuation of which by the

exercise of reasonable diligence the affected Party is unable to control and

the consequences of which the affected Party is unable to prevent, provided

that the affected Party gives prompt written notice to the other Party

specifying the circumstances constituting the occurrence and has used all

reasonable endeavors to minimize the effects thereof.

11.5.2 If such a delay in or failure of performance caused the suspension of the

services hereunder for a continuous period of seven (7) days. GMB shall be

entitled at any time thereafter to terminate this Contract forthwith by

written notice to the Agency.

RFP for Selection of Asset Valuer to carry out Valuation of Private Ports & Captive Jetties of Gujarat

11.6. Permits, Laws and Regulations

11.6.1 Agency to comply with applicable laws.

11.6.2 The Agency shall in carrying out the Services observe and be bound by all

applicable laws and hereby undertakes to comply with all laws, ordinances,

rules, regulations, by laws, decrees, and orders whether of Government or

other authority or agency having jurisdiction in relation to the Parties.

Services or to the Site and the Agency shall give all notices and furnish any

bonds, deposits and securities required by official authorities to permit the

performance of the Services.

11.7. Dispute Resolution - Laws governing the contract

This agreement shall be subjected to the Indian laws and regulation and shall

be governed by the Indian laws that may be in force during the Contractual

11.8. Settlement of Disputes / Arbitration

11.8.1 All questions, disputes, differences, whatsoever, which may at any time arise

between the parties to this contract in connection with the contract or any

matter arising out of or in relation thereto, shall be referred to Sole

Arbitrator as per the provisions of Arbitration and Conciliation Act, 1996 and

the venue of arbitration proceedings shall be at Gandhinagar. The Language

of the Arbitration shall be in English.

11.8.2 Notwithstanding the existence of any dispute or difference and / or

reference for arbitration, the firm shall proceed with and continue without

hindrance the performance of the work under the contract with due

diligence and expedition in a professional manner and the payment due to

the firm shall not be withheld by the GMB on account of such difference or

arbitration proceedings unless such payment is subject matter of the

RFP for Selection of Asset Valuer to carry out Valuation of Private Ports & Captive Jetties of Gujarat

TECHNICAL BID APPLICATION FORM

Name of work: RFP for Selection of Asset Valuer to carry out Valuation of Private

Ports & Captive Jetties of Gujarat Maritime Board (GMB)

General Manager (PPP),

Gujarat Maritime Board,

Sagar Bhavan, Opp. Air Force Station,

"CHH" Road, Sector - 10/A,

Gandhinagar 382 010, GUJARAT (INDIA)

Having examined the bid documents including scope of work and requirements of the

aforesaid work, we hereby submit all necessary information and relevant documents as

The application is made by us on behalf of……………………………………….. In the

Authorized to submit the offer.

The necessary evidence admissible in law in respect of authority assigned to us on behalf

of the firms for applying and for completion of the contract document is attached herewith.

The enclosed Technical Bid includes the authorization document in the name of the

Authorized Signatory. We have attached Demand Draft bearing no.___________ dt.__________

of Rs. 5,900/- as tender fees and Demand Draft bearing no.___________ dt. __________ of Rs.

1,18,000/- as Earnest Money Deposit (EMD) in a separate envelope.

It is certified that the information furnished in this document is authentic.

We undersigned accept that the employer (GMB) reserves the rights to reject this Bid as

well as the bid for this work without assigning any reason.

Signature of the Authorized signatory of applicant

Telephone no. :_______________

1. Annexure duly filled in prescribed form

2. Evidence of the authority to sign

RFP for Selection of Asset Valuer to carry out Valuation of Private Ports & Captive Jetties of Gujarat

Details of Organization

(Each member should submit the details in case of consortium)

S.N. Particulars Details

1 Name of the Bidder

2 Address of the Bidder

3 Contact Person & Contact Details (including

Mobile no. & email address)

4 Date of registration/ formation

5 Date of commencement of business

6 Bidder’s Experience

6.1 No of years of experience of similar work

6.2 Similar Assignment carried out in last 3 years:

Name of Client:

Name Assignment:

Brief of Assignment:

Professional Fees received (in Rs. Lakhs)

Duration: Starting and Ending date

7 Financial Capacity

7.1 Average annual turnover of last 3 years i.e. FY

8 Brief Description of the Company / firm including

details of its main lines of Business

9 Details of individual(s) who will serve as the point

of contact/ communication for GMB:

(b) Designation:

(e) Telephone Number:

(f) E-Mail Address:

10 Particulars of the Authorized Signatory of the

(b) Designation:

(e) Phone Number:

(f) Email Address:

11 Address of the corporate headquarters and its

branch office(s), if any, in India:

● Please use additional sheets, if required, for submitting additional information.

● Please submit documentary proof of the above information, along with the Bid.

RFP for Selection of Asset Valuer to carry out Valuation of Private Ports & Captive Jetties of Gujarat

Signature of the Authorized signatory of applicant

Telephone no. :_______________

RFP for Selection of Asset Valuer to carry out Valuation of Private Ports & Captive Jetties of Gujarat

Project Experience

S. Name of Name of Brief Start & Total value of Professional

No assignment client Scope End Assets valued Fees received (in

. Date (in Rs. crores) Rs. Lakhs)

● Asset Valuer to attach client’s certificates, engagement letters of the assignments

and payment orders indicated in their experience record mentioning the total value

of assets valued and the total professional fees received.

● Non-disclosure of any information in the Schedule will result in dis-qualification of

Signature of the Authorized signatory of applicant

Telephone no. :_______________

RFP for Selection of Asset Valuer to carry out Valuation of Private Ports & Captive Jetties of Gujarat

Financial Capacity

TO WHOMSOEVER IT MAY CONCERN

This is to certify that as per Audited Financial Statements of (“Name of firm”) for the period

FY 2022-23, FY 2021-22, FY 2020-21 the other relevant documents maintained by (“Name

of firm”), the Annual Turnover for the said three financial years are as follows:

S. N. Financial Year Annual Turnover (in Rs. Lakhs)

4 Average Annual Turnover [(1)+(2)+(3)]/3

Certificate from the Statutory Auditor

This is to certify that [name of company] [registered address] has received the payments

shown above against the respective years.

Unique Document Identification Number (UDIN):

Name of Authorized Signatory:

Registration No:

Signature of Authorized Signatory:

Seal of Audit firm:

RFP for Selection of Asset Valuer to carry out Valuation of Private Ports & Captive Jetties of Gujarat

Format for Declaration of Blacklisting by any Government/ Public Sector

(To be submitted on the letterhead)

The Company/ Firm should not have been blacklisted by any Government/ Public

Sector Organization;

General Manager (PPP),

Gujarat Maritime Board,

Sagar Bhavan, Opp. Air Force Station,

"CHH" Road, Sector - 10/A,

Gandhinagar 382 010, GUJARAT (INDIA)

Sub: RFP for Selection of Asset Valuer to carry out Valuation of Private Ports &

Captive Jetties of Gujarat Maritime Board (GMB)

We, [Firm Name], having registered office at [address], are submitting the Bid for the

above mentioned assignment. We do hereby confirm that we have not been blacklisted by

any government (Central, State, ULBs)/ Public Sector Undertaking during the last three

financial years.

Yours sincerely,

Authorized Signatory

Name of Authorized Signatory:

RFP for Selection of Asset Valuer to carry out Valuation of Private Ports & Captive Jetties of Gujarat

Power of Attorney

Format for Power of Attorney for Signing of Bid

(On Rs. 300/- Stamp paper duly attested by Notary Public)

Know all men by these presents, We ________________________ (name and address of the

registered office) do hereby constitute, appoint and authorize Mr./ Ms. _______________

(name and residential address) who is presently employed with us and holding the

position of ___ as our attorney, to do in our name and on our behalf, all such acts, deeds

and things necessary in connection with or incidental for Selection of Asset Valuer to

carry out Valuation of Private Ports & Captive Jetties of Gujarat Maritime Board

(GMB), including signing and submission of all documents and providing information/

responses to Authority in all matters in connection with our Bid.

We hereby declare that all acts, deeds and things done by our aid attorney pursuant to this

Power of Attorney shall always be deemed to have been ratified by us and done by us.

Dated this the Day of 202_

(Name, Designation and Address)

___________________Signature)

(Name, Title and Address of the Attorney)

● 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

executants (s) and when it is so required the same should be under common seal

affixed in accordance with the required procedure.

● Also, wherever required, the Bidder should submit for Valuation 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.

● A certified copy of the appropriate resolution/ document conveying authority to

the person signing this Power of Attorney shall be enclosed in lieu of the Power of

RFP for Selection of Asset Valuer to carry out Valuation of Private Ports & Captive Jetties of Gujarat

Format for Power of Attorney for Lead Member of the Consortium

(On INR 300/- Stamp paper duly attested by Notary Public)

POWER OF ATTORNEY

Whereas, the Vice Chairman & Chief Executive Officer, Gujarat Maritime Board, Sagar

Bhavan, Sector – 10A, Gandhinagar, Gujarat – 382010 has invited proposals from

qualified Applicants for taking up Consultancy Services for RFP for Selection of Asset

Valuer to carry out Valuation of Private Ports & Captive Jetties of Gujarat Maritime

Board Whereas, ________________ and ____________ (collectively the “Consortium”) being

Members of the Consortium are interested in bidding for the Project in accordance with

the terms and conditions of the Request for Proposal and other connected documents in

respect of the Project, and Whereas, it is necessary for the Members of the Consortium to

designate one of them as the Lead Member with all necessary power and authority to do

for and on behalf of the Consortium, all acts, deeds and things as may be necessary in

connection with the Consortium’s bid for the Project and its execution.

NOW THEREFORE KNOW ALL MEN BY THESE PRESENTS

We, ____________ having our registered office at ____________and M/s. ____________, having our

registered office at ____________, [the respective names and addresses of the registered

office] (hereinafter collectively referred to as the “Principals”) do hereby irrevocably

designate, nominate, constitute, appoint and authorise M/s ____________, having its

registered office at _____________, being one of the Members of the Consortium, as the Lead

Member and true and lawful attorney of the Consortium (hereinafter referred to as the

“Attorney”) and hereby irrevocably authorise the Attorney (with power to sub-delegate)

to conduct all business for and on behalf of the Consortium and any one of us during the

bidding process and, in the event the Consortium is awarded the Contract, during the

execution of the Project, and in this regard, to do on our behalf and on behalf of the

Consortium, all or any of such acts, deeds or things as are necessary or required or

incidental to the submission of its bid for the Project, including but not limited to signing

and submission of all applications, bids and other documents and writings, participate in

bidders’ and other conferences, respond to queries, submit information/ documents, sign

and execute contracts and undertakings consequent to acceptance of the bid of the

Consortium and generally to represent the Consortium in all its dealings with the

Authority, and/ or any other Government Agency or any person, in all matters in

connection with or relating to or arising out of the Consortium’s bid for the Project and/

or upon award thereof till the Contract Agreement is entered into with the Authority.

AND hereby agree to ratify and confirm and do hereby ratify and confirm all acts, deeds

and things 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/ Consortium.

IN WITNESS WHEREOF WE THE PRINCIPALS ABOVE NAMED HAVE EXECUTED

THIS POWER OF ATTORNEY ON THIS ________ DAY OF ________ 202_.

RFP for Selection of Asset Valuer to carry out Valuation of Private Ports & Captive Jetties of Gujarat

(To be executed by all the Members of the Consortium)

 The mode of execution of the Power of Attorney should be in accordance with the

procedure, if any, laid down by the applicable law and the charter documents of the

executant(s) and when it is so required, the same should be under common seal affixed in

accordance with the required procedure.

 Also, wherever required, the Applicant should submit for verification the extract of the

charter documents and documents such as a resolution/ power of attorney in favour of

the person executing this Power of Attorney for the delegation of power hereunder on

behalf of the Applicant.

 For a Power of Attorney executed and issued overseas, the document will also have to

be legalized by the Indian Embassy and notarized in the jurisdiction where the Power of

Attorney is being issued.

RFP for Selection of Asset Valuer to carry out Valuation of Private Ports & Captive Jetties of Gujarat

NON- DISCLOSURE AGREEMENT

(On Rs. 300/- Stamp paper duly attested by Notary Public)

THIS NON-DISCLOSURE AGREEMENT (the "Agreement") is executed on date______

2025 ("Effective Date") at Gandhinagar, Gujarat,

Gujarat Maritime Board (GMB), registered as ________________, having its registered

office at GMB Head Quarters, ‘SAGAR BHAVAN’ Sector 10-A, Gandhinagar –

Gujarat (India), represented by its General Manager (PPP), (hereinafter referred to

as “GMB” or “Disclosing Party” which expression, unless repugnant to the context

or meaning thereof be deemed to include its executors, administers and official

assigns) of the FIRST PART;

M/s. [●] (insert name of Selected Bidder & Bidder’s entity registration as

Company/LLP/Partnership Firm/society/trust) incorporated under the provisions

of the [●] (insert name and year of Act under which incorporated) having its

registered office at [●] [insert address of registered Head Office], (hereinafter

referred to as “Receiving Party”, which term or expression, unless excluded by or

repugnant to the subject or context, shall mean and include its successors, executors

and permitted assigns of the SECOND PART ;

The Disclosing Party and the Receiving Party shall hereinafter be singly referred to

as “Party” and collectively as “Parties”.

A. GMB is in the process inviting Bids from competent and experienced agencies

having sound technical knowledge, expertise and experience in Valuation of

Private Ports & Captive Jetties of GMB” (hereinafter referred to as “Project”), via

request for proposal document no______ dated__________ ("RFP”);

B. Whereas the Receiving Party intends to obtain certain confidential information

for the purposes of formulation of its Bid for the said RFP; and

C. During the execution of activities as per the terms of the RFP, the Receiving Party

or its employees, consultant, agents shall have access to data or information of

the Project which shall be strictly confidential and required to be secured by

Receiving Party at all the times. With an intent to preserve confidentiality of such

information, the Parties are entering into this Non-Disclosure Agreement

RFP for Selection of Asset Valuer to carry out Valuation of Private Ports & Captive Jetties of Gujarat

(“Purpose”), subject to the terms and conditions as hereinafter contained. It is

clarified that all data or information collected during the term of Contract shall

be treated as Confidential Information as per the provisions of this Agreement.

NOW THEREFORE, in consideration of the promises and mutual covenants

herein contained, the adequacy of which is hereby acknowledged and confirmed,

the terms and conditions of this Agreement are set out below:

1. DEFINITIONS: In this Agreement, the words and expressions beginning with

capital letters and defined in this document shall, unless repugnant to the

context, have the meaning ascribed thereto herein. Also, unless the context

otherwise requires, the following words, expressions and abbreviations shall

have the following meanings:

(a) "Agreement" means this Non- Disclosure Agreement, as modified or

amended or supplemented from time to time;

(b) "Applicable Law" means any statute, law, regulation, ordinance, rule,

judgment, order, decree, bye-law, approval of any Authority, directive,

guideline, policy, requirement or other governmental restriction or any

similar form of decision of or determination by, or any interpretation having

the force of law of any of the foregoing by any Authority having jurisdiction

over the matter in question, whether in effect as of the date of this

Agreement or at any time hereafter, within or outside India;

(c) "Authority" means any national, supranational, regional or local

government or governmental, administrative, fiscal, judicial, or

government-owned body, department, commission, authority, tribunal,

agency or entity, or central bank (or any Person, whether or not

government-owned and howsoever constituted or called, that exercises the

functions of a central bank);

(d) "Person" means any natural person, corporation, company, foundation,

partnership, firm, voluntary association, joint venture, trust,

unincorporated organization, authority or any other entity whether acting

in an individual, fiduciary or other capacity.

(e) "Third Party" means any Person that is not a Party to this Agreement.

2. CONFIDENTIAL INFORMATION: For the Purpose of this Agreement,

(a) information, document and/or material, whether proprietary or non-

proprietary, which is disclosed by Disclosing Party, or Receiving Party may

obtain knowledge of or access to from the Disclosing Party,

RFP for Selection of Asset Valuer to carry out Valuation of Private Ports & Captive Jetties of Gujarat

(b) information disclosed on or subsequent to execution of this Agreement

during negotiations or discussions between the Disclosing Party and the

Receiving Party whether or not set forth in writing,

(c) any data or information of the deceased and beneficiary records and data

generated during any of the activity as per the terms of the Contract;

(d) any record relating to deceased and beneficiary, and/or operational

information, data, know-how, structure and documentation,

(e) intellectual property, interest and knowledge information described as

proprietary or designated as confidential information, and/or

(f) information and documents derived, developed or modified from or based

on any of the aforesaid;

(g) any and all facts, knowledge and information of any nature whatsoever,

whether written, oral, visual, verbal, in electronic, magnetic and/or optical

form or otherwise, concerning the Disclosing Party or the activities as per

the terms of Contract, which includes, but is not necessarily limited to,

reports, project studies and reports, commercial reports, contractual

documents, past expenditures, projected budget, licenses, orders, permits,

marketing studies, and process information or data, , ideas, designs, data,

processes, , flow diagrams, know- how, and computer programming and

other software and software techniques and such other notes,

interpretation, derivative or analysis of such data, in whatsoever manner

such information is documented, that has been or may hereafter be provided

or shown to the Receiving Party by the Disclosing Party or is gathered,

received or obtained directly or is otherwise obtained from review of the

Disclosing Party 's documents or property or discussions with the Disclosing

Party by the Receiving Party;

(h) any and all reports, notes, minutes, summaries, flow-charts, diagrams and

any other information that is prepared by the Receiving Party based on

discussions or interactions with the Disclosing Party pursuant to this

(i) Notwithstanding anything aforementioned in para 2, the information shall

be deemed confidential even if inadvertently, not marked as such.

3. Notwithstanding Clause 2 hereinabove but subject to Applicable Laws, the

following information will not constitute Confidential Information for the

Purpose of this Agreement:

RFP for Selection of Asset Valuer to carry out Valuation of Private Ports & Captive Jetties of Gujarat

(a) information which the Receiving Party can conclusively prove was already

lawfully in its possession and was available to the Receiving Party on a non-

confidential basis prior to its disclosure by the Disclosing Party;

(b) information which is lawfully and demonstrably in the public domain or

becomes part of public domain after the date of disclosure other than through

a breach of this Agreement by the Receiving Party;

(c) information, which was or is independently developed by the Receiving Party

without reference to the Confidential Information disclosed under this

(d) is approved for public release by written authorization of the Disclosing Party.

4. OBLIGATIONS OF THE RECEIVING PARTY IN RESPECT OF CONFIDENTIAL

(a) The Receiving Party shall use the Confidential Information only for the

purpose of fulfilling its obligations as per the terms of RFP and shall keep

it confidential and not disclose the Confidential Information to any other

person, affiliate, subsidiary, firm, corporation, or party, except to the extent

(i) is now or subsequently becomes publicly available through no act,

fault, breach or omission on the part of the Receiving Party; or

(ii) was or is independently developed by the Receiving Party without

reference to the Confidential Information disclosed hereunder; or

(iii) is approved for release by written authorization of the Disclosing

(iv) disclosure by Receiving Party is required by law or by order of any

court or government or regulatory agency, within India.

(b) In the event the Receiving Party is required to disclose Confidential

Information upon an action, summons or order of a court of competent

jurisdiction or of any requirement of legal process regulation or

governmental order, decree, regulation or rule, the Receiving Party will

notify Disclosing Party, wherever practicable, possible and permitted, of

its having received a request to so disclose (along with the terms and

circumstances thereof), unless otherwise prohibited by law, to enable the

Disclosing Party to protest or seek injunctive relief in addition to all legal

RFP for Selection of Asset Valuer to carry out Valuation of Private Ports & Captive Jetties of Gujarat

(c) The Receiving Party shall not, without the prior written consent of

Disclosing Party, display or disclose all or any part of the Confidential

Information, in any manner or circumstances whatsoever, to any person

or any Third Party, except its directors, officials, employees, advisors or

consultants and the Confidential Information shall be used by the

Receiving Party, directly or indirectly, solely for the purpose of

considering, evaluating and effecting the Purpose. The Receiving Party

shall not use the Confidential Information in any way detrimental to the

Disclosing Party.

(d) The Receiving Party shall ensure that its employees who have access to

Confidential Information of the Disclosing Party have signed a non-use and

non-disclosure agreement in content similar to the provisions hereof, prior

to any disclosure of Confidential Information to such employees. The

Receiving Party, its employees, officers, affiliates, etc. shall not make any

copies, take photographs, make notes or recordings of the Confidential

Information unless the same are previously approved in writing by the

Disclosing Party and agrees that all originals and any copies, reproductions

or reductions to writing so made shall remain at all times the exclusive

property of the Disclosing Party.

(e) The Receiving Party shall not, without the prior written consent of the

Disclosing Party or as expressly permitted herein, disclose to any

unauthorized Person or to any unauthorized Third Party to use or allow its

employees and staff to disclose or use any Confidential Information stated

in this Agreement.

(f) The Receiving Party shall not reverse engineer, disassemble or de-compile

any information, which embody the Confidential Information, and which

are provided and/or collected by the Receiving Party hereunder.

(g) The Receiving Party undertakes to limit the access to the Confidential

Information solely to those of its directors, officials, employees, advisors

or consultants who have reason to require access only on “need to know”

(h) The Receiving Party should ensure confidentiality and security of data

along with the compliance of the provisions of the Information Technology

(i) The Receiving Party shall not use or not disclose any data to any third party

for use or for purpose of any research or publication without prior

permission/approval of Disclosing Party.

RFP for Selection of Asset Valuer to carry out Valuation of Private Ports & Captive Jetties of Gujarat

(j) The agency shall not use or not disclose any data to any third party for use,

for the purpose of any research or publications without prior approval of

5. REPRESENTATIONS AND WARRANTIES: The Receiving Party represents and

warrants to the Disclosing Party that on the date of signing of this Agreement:

(i) The Receiving Party is competent to contract and enter into this

Agreement under the Applicable Law to which it is subject to;

(ii) This Agreement constitutes the legal, valid and binding obligations of the

Receiving Party; and,

(iii) This Agreement does not conflict in any material respect with any law or

regulation or any document binding on the Receiving Party and that the

Receiving Party has obtained all necessary consents for its performance

under this Agreement.

6. EXCLUSIVITY: Nothing in this Agreement shall prohibit the Disclosing Party

entering into similar transaction/agreement with other parties and the Purpose

for which this Agreement is being entered into shall not be deemed to have been

entered into on exclusivity basis. Both the Parties shall have the liberty to

negotiate and enter into similar kind of arrangements with any Third Party.

7. OFFER: It is understood that the furnishing of the Confidential Information

under this Agreement neither constitutes an offer of any nature nor obligates

the Parties to enter further discussions whatsoever or forms the basis of or any

representation in relation to any contract. The Disclosing Party shall be under

no obligation to disclose to the Receiving Party any additional documents,

papers or Confidential Information save and except what the Disclosing Party in

its sole discretion deems necessary for the purpose of the availing the said

8. TERMINATION: This Agreement shall be valid until,

(i) termination of this Agreement by mutual consent of the Parties;

(ii) termination of this Agreement by any Party ("Non-Defaulting Party")

against the other Party ("Defaulting Party") upon committing a material

breach of the provisions of this Agreement and failing or neglecting to cure

such breach within a period of 10 (ten) days from the date of notice to that

effect issued by the Non-Defaulting Party to the Defaulting Party;

RFP for Selection of Asset Valuer to carry out Valuation of Private Ports & Captive Jetties of Gujarat

(iii) Notwithstanding anything contrary contained in this Agreement, the

rights and obligations of the Receiving Party with regard to Confidential

Information shall survive till perpetuity even after the expiry or earlier

termination of this Agreement and shall be valid until the Confidential

Information comes into the public domain.

9. LICENSE: The Disclosing Party does not grant or extend to the Receiving Party

any right or license of any kind whatsoever, which the Disclosing Party may now

have or may hereby obtain with respect to the Confidential Information. No

Intellectual Property Right (“IPR”) is either granted or implied in favour of the

Receiving Party in respect of the Confidential Information.

10. RIGHT TO ASSIGN OR TRANSFER: The Parties shall not have the right to assign

or transfer, in whole or in part, any of its rights or obligations under this

Agreement without obtaining prior written consent from the other Party.

11. WAIVER: The failure of any party to enforce any of the provisions of this

Agreement or to exercise any rights or remedies under this Agreement shall not

be construed as a waiver or relinquishment to any extent of such party's rights.

A waiver of any provision or breach of this Agreement must be in writing and

signed by an authorized official of the Party executing the same. No such waiver

shall be construed to affect or imply a subsequent waiver of the same provision

or subsequent breach of this Agreement.

12. BINDING AGREEMENT: This Agreement shall be fully binding upon and inure

to the benefit of their successors and assigns. The obligation of this Agreement

shall continue to exist in perpetuity.

13. INDEMNITY: Receiving Party agrees to indemnify and hold harmless the

Disclosing Party, its partners and staff against all loss, damage and expense

(including legal expenses relating to any actions, proceedings and claims

brought or threatened) of whatsoever nature and howsoever arising out of or in

connection with any breach by Receiving Party or its representatives, employees

etc. of the terms and conditions of this Agreement.

14. SEVERABILITY: In the event that any provision of this Agreement shall be

determined to be void, invalid or otherwise unenforceable by any court or

RFP for Selection of Asset Valuer to carry out Valuation of Private Ports & Captive Jetties of Gujarat

tribunal of competent jurisdiction, such determination shall not affect the

remaining provisions hereof which shall remain in full force and effect.

15. AMENDMENT: No amendment, modification and/or discharge of this

Agreement shall be valid or binding on the parties unless made in writing and

signed on behalf of each of the Parties by their respective duly authorized

officers or representatives.

16. GOVERNING LAW: This Agreement shall be governed by and interpreted in

accordance with substantive and procedural laws of India. Any matter or dispute

arising out of or in connection with this Agreement shall be subject to the

exclusive jurisdiction of the courts in Gujarat.

17. DISPUTE RESOLUTION: In the event of dispute between the Parties in

connection with the validity, interpretation, and implementation or alleged

breach of any provision of this Agreement, the Parties shall attempt to resolve

the dispute in good faith through mutual understanding. In case any such

difference or dispute is not amicably resolved within 60 (sixty) days of such

referral for resolution, it shall be resolved through arbitration.

18. ARBITRATION: In the event of any claim, dispute or difference arising out of or

in connection with or in relation to this Agreement is not resolved through

mutual understanding as given in Clause 17, in that case, the aggrieved Party

will notify the other Party of the claim, dispute or difference and set out in such

notice the claim, dispute or difference, giving details of such claim, disputes or

differences and notify the other Party that the aggrieved Party desires such

claim, dispute or difference to be settled by arbitration under the Arbitration

and Conciliation Act, 1996. The seat and venue of the arbitration shall be at

Gandhinagar, Gujarat. The proceedings of arbitration shall be conducted in

English Language and the arbitral award shall be a speaking award

substantiated in writing and binding on the parties.

19. COUNTERPARTS: This Agreement may be executed in counterparts, each of

which shall be deemed an original, but all of which taken together shall

constitute one and the same agreement.

RFP for Selection of Asset Valuer to carry out Valuation of Private Ports & Captive Jetties of Gujarat

IN WITNESS WHEREOF THE PARTIES HERETO HAVE CAUSED THIS AGREEMENT

TO BE EXECUTED BY THEIR DULY AUTHORISED OFFICIAL ON THE DAY, MONTH

AND YEAR FIRST ABOVE WRITTEN.

SIGNED AND DELIVERED BY (on behalf SIGNED AND DELIVERED BY

of GMB) (on behalf of M/s._________________

Signature: Signature:

Designation: Designation:

Address: Address:

Witnesses Witnesses

1. Signature: 2. Signature:

Name: Designation: Name: Designation:

RFP for Selection of Asset Valuer to carry out Valuation of Private Ports & Captive Jetties of Gujarat

Submission Letter of Financial Bid

(To be submitted online through N-PROCURE by Sole Applicant/ Lead Member)

General Manager (PPP),

Gujarat Maritime Board,

Sagar Bhavan, Opp. Air Force Station,

"CHH" Road, Sector - 10/A,

Gandhinagar 382 010, GUJARAT (INDIA)

Sub: Request for Proposal (RFP) for Selection of Asset Valuer to carry out Valuation

of Private Ports & Captive Jetties of Gujarat Maritime Board (GMB)

Reference Authority, Letter no: ____________________________ dt: ___________

I/ We, the undersigned, offer to provide the consulting services for “Selection of Asset

Valuer to carry out Valuation of Private Ports & Captive Jetties of Gujarat Maritime

Board (GMB)” in accordance with your Request for Proposal dated <date> i.e. the date of

publication, and our Bid (Technical and Financial Bids). Our Financial Bid is given as Annex

- A. This amount is excluding of 18% Goods and Service Tax (GST) as applicable.

Please note that the Financial Bid is unconditional and unqualified and is not subject to

any conditions and is submitted as per the prescribed format. In case of any discrepancy,

our firm will be solely responsible for the same. Our Financial Bid shall be binding upon

us till the validity period of the Bid, i.e. 180 days from last date of the Technical Bid and

We understand you are not bound to accept any Bid you receive.

Yours faithfully,

Signature_____________________

Designation___________________

Name of the Firm_______________

RFP for Selection of Asset Valuer to carry out Valuation of Private Ports & Captive Jetties of Gujarat

Submission Letter of Financial Bid

(To be submitted online through N-PROCURE by Sole Applicant/ Lead Member)

General Manager (PPP),

Gujarat Maritime Board,

Sagar Bhavan, Opp. Air Force Station,

"CHH" Road, Sector - 10/A,

Gandhinagar 382 010, GUJARAT (INDIA)

Sub: Request for Proposal (RFP) for Selection of Asset Valuer to carry out Valuation

of Private Ports & Captive Jetties of Gujarat Maritime Board (GMB)

Valuation of Private Ports (7 Assignments)

Approximate Fees Fees

Name of Concessionaire / Sub

S.N. Location Value of in in

Asset in Cr Figure Word

Adani Ports and SEZ Ltd

1 (Erstwhile Gujarat Adani Ports Mundra

2 Gujarat Pipavav Port Limited Pipavav

Gujarat Chemical Port Limited

3 (Erstwhile Gujarat Chemical Port Dahej

Terminal Company Limited )

Adani Petronet (Dahej) Port

Private Limited

5 Petronet LNG Limited Dahej

6 Hazira Port Private Limited Hazira

Adani Hazira Port Private

Cost Verification of Private Ports (2 Assignments)

Approximate Fees Fees

Name of Concessionaire / Sub

S.N. Location Value of in in

Asset in Cr Figure Word

Adani Ports and SEZ Ltd

1 (Erstwhile Gujarat Adani Ports Mundra

2 Gujarat Pipavav Port Limited Pipavav

RFP for Selection of Asset Valuer to carry out Valuation of Private Ports & Captive Jetties of Gujarat

Cost Verification of Captive Jetties (1 Assignment)

Approximate Fees Fees

Name of Concessionaire / Sub

S.N. Location Cost in Cr in in

Essar Bulk Terminal Ltd. 550 mt.

2 Essar Steel Ltd. 592 mt. Hazira

3 Essar-LPG Jetty Hazira

1. All the prices quoted above must be exclusive of Goods and Service Tax

(GST)and other taxes and duties as applicable;

2. We have quoted rates against all assignments as mentioned above. We

understand that GMB reserves the right to reject our bid in the event any

assignment is left without a quoted rate.

3. No escalation would be allowed due to changes in taxes and duties except

Goods and Service Tax;

4. No conditions should be attached to the Financial Bid;

5. In case of any discrepancies in the prices mentioned in the figures and

words,the prices mentioned in the words would be considered as final price;

6. The travel expenses (Lodging and Boarding) of the onsite resources will be

borne by the Agency as per terms and conditions of this RFP.

7. We understand selection criteria mentioned in this RFP and final decision of

GMB will prevail for selection of Asset Valuer.

8. GMB reserved the discretionary power to award work to L1 bidder (s).

However, Asset Valuer agency shall carry the work based on the written

direction from GMB with timeline, payment schedule and complete the work

in time bound manner.

Name of the Firm

RFP for Selection of Asset Valuer to carry out Valuation of Private Ports & Captive Jetties of Gujarat

Declaration of Conflict of Interest and Independence

The Gujarat Maritime Board,

I/We, [Full Name / Name of Firm], hereby declare that I/We am/are participating in the

RFP titled "[RFP Name]" in the capacity of [Your Role/Title].

I/We solemnly affirm the following:

1. Independence

I/We confirm that I/We am/are acting independently, objectively, and in good faith in the

execution of responsibilities related to this project. All decisions and actions shall be based

solely on professional judgment and the best interests of the project and its stakeholders.

2. Conflict of Interest

I/We acknowledge that the Asset Valuer is required to disclose, in its proposal, the

existence of any actual or potential conflict of interest, during the past seven (7) years up

to the date of submission, with the entity concerned with the assignment or any of its

parent company, subsidiaries, group companies, associated companies, or affiliates.

In the event that such a conflict of interest is identified, the Asset Valuer shall not be

permitted to participate in, or shall be disqualified from continuing with, the said

Accordingly, I/We hereby declare that, to the best of my/our knowledge:

 I/We do not have any personal, financial, or other interests that could improperly

influence, or be perceived to influence, my/our involvement in this project.

 I/We are not affiliated with any organization or individual that may derive direct

or indirect benefit from the outcomes of this project in a manner that could

compromise impartiality.

 I/We have not, within the last seven (7) years, held any financial interest, advisory

role, or business relationship with the entity concerned with this assignment or its

related parties, nor do I/We expect to receive any form of compensation,

consideration, or benefit from any third party in connection with this project.

Should any actual or potential conflict of interest arise at any time during the course of

the assignment, I/We undertake to promptly disclose the same in writing to the Gujarat

Maritime Board and to take such steps as may be directed to resolve or mitigate the

conflict in accordance with applicable policies and procedures.

RFP for Selection of Asset Valuer to carry out Valuation of Private Ports & Captive Jetties of Gujarat

For detailed disclosure, please refer Annexure X-1.

This declaration is made in good faith and with full understanding of the importance of

integrity, transparency, and accountability in all professional engagements.

(Seal and Signature of Authorized Signatory)

(Name & Designation)

(Firm/Entity Name)

(Signatures of each member of the Bidder, wherever applicable)

RFP for Selection of Asset Valuer to carry out Valuation of Private Ports & Captive Jetties of Gujarat

Disclosure on Independence and Conflict of Interest

(Submitted by applicant / each member of Consortium on company’s letterhead)

I confirm that I/we am/are having potential conflict of interest/ Independence issues in

last 7 years for the very reason I/ we would not like to bid for following projects.

Valuation of Private Ports (7 Assignments)

Approxi Confli Bidding

mate Independence ct of for

S.N Value of confirmation Intere Assignme

e / Sub Location

. Asset in (Independent st nt

Cr /Dependent) (Yes/ (Yes/No)

1 (Erstwhile Mundra

2 Pipavav Port Pipavav

3 Gujarat Dahej

4 (Dahej) Port Dahej

Private Limited

Private Limited

7 Port Private Hazira

RFP for Selection of Asset Valuer to carry out Valuation of Private Ports & Captive Jetties of Gujarat

Cost Verification of Private Ports (2 Assignments)

Approxima Independen Bidding

te Value of ce for

Name of Conflict

Asset in Cr confirmatio Assignme

Concessionai of

S.N Locatio n nt

re / Sub Interest

. n (Independen (Yes/No)

Concessionai (Yes/No

1 (Erstwhile Mundra

2 Pipavav Port Pipavav

Cost Verification of Captive Jetties (1 Assignment)

Approxima Independen Bidding

te Cost in Cr ce for

Name of Conflict

confirmatio Assignme

Concessionai of

S.N Locatio n nt

re / Sub Interest

. n (Independen (Yes/No)

Concessionai (Yes/No

1 Terminal Ltd. Hazira

Seal with signatures of each members of the Bidder

RFP for Selection of Asset Valuer to carry out Valuation of Private Ports & Captive Jetties of Gujarat

Format of Consortium Agreement

(To be executed on stamp paper of Rs. 300/-)

This CONSORTIUM AGREEMENT is entered on this the ………… day of ................... 20…

1. [], [a company incorporated under the Companies Act, 1956 /

and having its registered office at] (hereinafter referred to as the

“First Part” which expression shall, unless repugnant to the context

include its successors and permitted assigns)

2. [], [a company incorporated under the Companies Act, 1956 /

and having its registered office at] (hereinafter referred to as the

“Second Part” which expression shall, unless repugnant to the

context include its successors and permitted assigns)

3. [], [a company incorporated under the Companies Act, 1956 /

and having its registered office at] (hereinafter referred to as the

“Third Part” which expression shall, unless repugnant to the context

include its successors and permitted assigns)}

The above-mentioned parties of the [FIRST, SECOND AND THIRD]

PART is collectively referred to as the “Parties” and each is

individually referred to as a “Party”

(A) Gujarat Maritime Board (GMB) having its registered office at Sagar

Bhavan, Sector 10-A, Gandhinagar - 382010 (hereinafter referred to

as the “Client” which expression shall, unless repugnant to the

context or meaning thereof, include its administrators, successors

and assigns) has invited proposals (the Applications”) by its

Request for Proposal No. ……….dated ………… (The “RFP”) for RFP

for Selection of Asset Valuer to carry out Valuation of Private

Ports & Captive Jetties of GMB (the “Assignment”).

(B) The Parties are interested in jointly bidding for the assignment as

members of a Consortium and in accordance with the terms and

RFP for Selection of Asset Valuer to carry out Valuation of Private Ports & Captive Jetties of Gujarat

conditions of the RFP document and other bid documentsin respect

of the assignment, and

(C) It is a necessary condition under the RFP document that the members

of the Consortium shall enter into a Consortium Agreement and

furnish a copy thereof with the Application.

NOW IT IS HEREBY AGREED as follows:

1. Definitions and Interpretations

In this Agreement, the capitalised terms shall, unless the context

otherwise requires, have the meaning ascribed thereto under the

2.1 The Parties do hereby irrevocably constitute a consortium (the

“Consortium”) for the purposes of jointly participating in the

selection process for the assignment.

2.2 The Parties hereby undertake to participate in the Bidding process

only through this Consortiumand not individually and/ or through

any other consortium constituted for this assignment, either directly

or indirectly or through any of their Affiliates.

The Parties hereby undertake that in the event the Consortium is

declared the selected Asset Valuer and awarded the assignment, the

Parties shall enter into a contract for assignment services

(“Contract”) with the Authority and for performing all obligations as

the Asset Valuer in terms of the Contract for the assignment.

4. Role of the Parties

The Parties hereby undertake to perform the roles and responsibilities as

described below:

(a) Party of the First Part shall be the Member in Charge of the

Consortium and shall have the power of attorney from all

Parties for conducting all business for and on behalf of the

Consortium during the selection process for the assignment

and until the Effective Date under the Contract;

(b) Party of the Second Part shall be []; and

(c) Party of the Third Part shall be [].

RFP for Selection of Asset Valuer to carry out Valuation of Private Ports & Captive Jetties of Gujarat

5. Joint and Several Liability

The Parties do hereby undertake to be jointly and severally

responsible for all obligations and liabilities relating to the

assignment and in accordance with the terms of the RFP and the

Contract, for the performance of the Contract.

6. Member in Charge

Without prejudice to the joint and several liabilities of all the Parties,

each Party agrees that it shall exercise all rights and remedies under

the Contract through the Member in Charge and the Client shall be

entitled to deal with such Member in Charge as the representative of

all Members. Each Party agrees and acknowledges that:

(i) any decision (including without limitation, any waiver or

consent), action, omission, communication or notice of the

Member in Charge on any matters related to the Contract shall

be deemed to have been on its behalf and shall be binding on

it. The Client shall be entitled to rely upon any such action,

decision or communication from the Member in Charge;

(ii) consolidated invoices for the services in relation to the

assignment performed by all the Members shall be prepared

and submitted by the Member in Charge and the Clneitshall have the

right to release payments solely to the Member in Charge and the

Client shall not in any manner be responsible or liable for the

inter se allocation of payments, works etc.among the Parties;

(iii) any notice, communication, information or documents to be

provided to the Asset Valuer shall be delivered to the

authorized representative of the Asset Valuer (as designated

pursuant to the Contract) and any such notice,

communication, information or documents shall be deemed

to have been delivered to all the Parties.

7. Representation of the Parties

Each Party represents to the other Parties as of the date of this Agreement that:

(a) Such Party is duly organized, validly existing and in good

standing under the laws of its incorporation and has all

requisite power and authority to enter into this Agreement;

(b) The execution, delivery and performance by such Party of this

Agreement has been authorized by all necessary and

appropriate corporate or governmental action and a copy of

the extract of the charter documents and board resolution/

RFP for Selection of Asset Valuer to carry out Valuation of Private Ports & Captive Jetties of Gujarat

power of attorney in favour of the person executing this

Agreement for the delegation of power and authority to

execute this Agreement on behalf of the Party is annexed to

this Agreement, and willnot, to the best of its knowledge:

(i) require any consent or approval not already obtained;

(ii) violate any Applicable Law presently in effect and having

applicability to it;

(iii) violate the memorandum and articles of association,

by-laws or other applicable organizational documents

(iv) violate any clearance, permit, concession, grant, license

or other governmental authorization, approval,

judgement, order or decree or any mortgage

agreement, indenture or any other instrument to

which such Party is a party orby which such Party or

any of its properties or assets are bound or that is

otherwise applicable to such Party; or

(v) create or impose any liens, mortgages, pledges, claims,

security interests, charges or Encumbrances or

obligations to create a lien, charge, pledge, security

interest, encumbrances or mortgage in or on the

property of such Party, except for encumbrances that

would not, individually or in the aggregate, have a

material adverse effect on the financial condition or

prospects or business of such Party so as to prevent

such Party from fulfilling its obligations under this

(c) this Agreement is the legal and binding obligation of such

Party, enforceable in accordance with its terms against it; and

(d) there is no litigation pending or, to the best of such Party's

knowledge, threatened to which it or any of its Affiliates is a

party that presently affects, or which would have amaterial

adverse effect on the financial condition or prospects or

business of such Partyin the fulfilment of its obligations under

this Agreement.

This Agreement shall be effective from the date hereof and shall

continue in full force and effect until the Effective Date under the

Contract, in case the assignment is awarded to the Consortium.

RFP for Selection of Asset Valuer to carry out Valuation of Private Ports & Captive Jetties of Gujarat

However, in case the Consortium is not selected for award of the

assignment, the Agreement will stand terminated upon intimation by

the Authority that it has not been selectedand upon return of the Bid

Security by the Authority.

9. Miscellaneous

9.1 This Consortium Agreement shall be governed by laws of India.

9.2 The Parties acknowledge and accept that this Agreement shall not be

amended by the Parties without the prior written consent of the

IN WITNESS WHEREOF THE PARTIES ABOVE NAMED HAVE EXECUTED

AND DELIVEREDTHIS AGREEMENT AS OF THE DATE FIRST ABOVE

SIGNED, SEALED AND DELIVERED SIGNED, SEALED AND DELIVERED

For and on behalf of

MEMBER IN CHARGE by: SECOND PART

(Signature) (Signature)

(Designation) (Designation)

(Address) (Address)

SIGNED, SEALED AND DELIVERED

For and on behalf of

In the presence of:

1. The mode of the execution of the Consortium Agreement should be in

accordance with the procedure, if any, laid down by the Applicable Law

and the charter documents of the executant(s) and when it is so

RFP for Selection of Asset Valuer to carry out Valuation of Private Ports & Captive Jetties of Gujarat

required, the same should be under common seal affixed in accordance

with the required procedure.

2. Each Consortium Agreement should attach a copy of the extract of the

charter documents and documents such as resolution / power of

attorney in favour of the person executing this Agreement for the

delegation of power and authority to execute this Agreement on behalf

of the Consortium Member.

3. For a Consortium Agreement executed and issued overseas, the

document shall be legalizedby the Indian Embassy and notarized in the

jurisdiction where the Power of Attorney has beenexecuted.