kamarajar port limited (a miniratna govt of … · (a miniratna govt of india undertaking) marine...

53
1 KAMARAJAR PORT LIMITED (A MINIRATNA GOVT OF INDIA UNDERTAKING) MARINE DEPT ADDENDUM/ CORRIGENDUM NOTICE NO: 1 Tender Ref No: KPL/MS/TUGS/50T/2017/2 Date: 14.11.2017 Sub: “RE-TENDER (2 nd Call)FOR CHARTERING OF Two (2) Nos 50T Bollard Pull Tug At 90% MCR (Two Covers System) for a period of 7 years and Extendable up to maximum of Two (2) years” at the discretion of KPL. With reference to the queries in respect of above mentioned tender, the Clarifications of KPL are furnished as Annexure- 1 (1) Page No.47 clause 2.37 and page No.79 clause 4.37 Termination Of Contract : Point (iii) is replaced as The Contractor fails to provide the tug/s as per the terms and conditions of the tender document”.Point (vi) is replaced as In case of indiscipline of the crew of the Crafts or refusal to carry out the orders of the General Manager (MS) or his authorized representative, the respective crew should be replaced by the contractor at the earliest not later than 120 hrs. (2) Page No.47 clause 2.38 and page No.79clause 4.38 Foreclosure is replaced as “The Kamarajar Port Limited has the right to Foreclose the contract for National Security, National Emergency and in general public interest and in case of non performance by the contractor with respect to non compliance of Tender conditions, operational short falls, variation in declared fuel consumption etc. The Kamarajar Port Limited will issue a written notice of not less than 3 months of the intended foreclosure to the Contractor specifying therein reasonable details, the reasons for foreclosure and expressing readiness to

Upload: truongtu

Post on 16-Apr-2018

217 views

Category:

Documents


0 download

TRANSCRIPT

1

KAMARAJAR PORT LIMITED (A MINIRATNA GOVT OF INDIA UNDERTAKING)

MARINE DEPT

ADDENDUM/ CORRIGENDUM NOTICE NO: 1

Tender Ref No: KPL/MS/TUGS/50T/2017/2 Date: 14.11.2017

Sub: “RE-TENDER (2nd Call)FOR CHARTERING OF Two (2) Nos 50T Bollard Pull Tug At 90% MCR (Two Covers System)

for a period of 7 years and Extendable up to maximum of Two (2) years” at the discretion of KPL.

With reference to the queries in respect of above mentioned tender, the Clarifications of KPL are furnished as Annexure- 1

(1) Page No.47 clause 2.37 and page No.79 clause 4.37 Termination Of Contract :

Point (iii) is replaced as

“The Contractor fails to provide the tug/s as per the terms and conditions of the tender document”.Point (vi) is replaced as

In case of indiscipline of the crew of the Crafts or refusal to carry out the orders of the General Manager (MS) or his authorized

representative, the respective crew should be replaced by the contractor at the earliest not later than 120 hrs.

(2) Page No.47 clause 2.38 and page No.79clause 4.38 Foreclosure

is replaced as

“The Kamarajar Port Limited has the right to Foreclose the contract for National Security, National Emergency and in general public

interest and in case of non performance by the contractor with respect to non compliance of Tender conditions, operational short falls,

variation in declared fuel consumption etc. The Kamarajar Port Limited will issue a written notice of not less than 3 months of the

intended foreclosure to the Contractor specifying therein reasonable details, the reasons for foreclosure and expressing readiness to

2

relieve all undertakings of the Contractor and the Contractor shall take the Crafts and employ anywhere the contractor intends to go. In

case of non performance, operation shortfall, variation in declared fuel consumption etc, 15 days of rectification period to remedy the

fault will be served prior written notice. Contractor shall continue to work in the notice period at the same Charter Rate.

(3) Page No.35 clause 2.10 and page No.79clause 4.10 Fuel Consumption

1st Paragraph is replaced as

“During the course of chartering, if the fuel consumption of the Crafts or the replacement Crafts are found above the declared

consumption (originally offered Tugs) per hour at 100% MCR of Main Engines or at 100% MCR of DG sets, the cost towards the excess

consumption of fuel will be recovered from the charges payable and cost of fuel will be considered on the basis of the prevailing market

rate of IOC plus overheads, if any. Tugs shall be provided with calibrated Flow meter and /or fuel gauge accordingly to monitor the fuel

consumption separately for Engine and generator. “

(4 ) Page No.43 clause 2.27 and page No.75clause 4.27 Bollard Pull Test

Fourth Paragraph additionally inserted as

“During the currency of contract Bollards pull tests whenever required by kpl to be carried out by the contractor. During the test the tug will remain on hire and no port related charges including bollard pull test charges shall be levied. However if the contractor fails to achieve the required bollard pull for the respective tug, the above charges shall be levied.”

(5) Page No.38 clause 2.14.1 and page No.70clause 4.14.1 Goods and Service Tax (GST)

Is replaced as

Bidder has to quote Daily Hire rate exclusive of GST and GST has to be quoted separately as per format in BOQ . Any new taxes imposed due to change of law by Government will be adjusted. Reimbursement of GST will be made within seven working days on reflection of input credit in KPL’s GST portal.

3

Payment of charter hire excluding GST will be made as per tender conditions and GST will be reimbursed as above.

(6) Page No.46 clause 2.36 and page No.70clause 4.36 Dispute between the Contractor and Kamarajar port limited:-

1St paragraph replaced as

“1. In the event of any dispute or difference of whatsoever nature between the parties arising out of, in relation to, or in connection with

the contract, including any dispute or difference arising from or in connection with termination, the parties shall, at the outset, attempt to

resolve the said dispute or difference amicably. In the event there is no amicable resolution of the dispute or difference between the

parties within thirty days from the date of notice of the said dispute or difference by either party, such dispute or difference shall be

referred to arbitrator to be nominated as per the applicable standard clause. Provided that notwithstanding the escalation of any dispute

or difference to arbitration, (save and except such disputes as has arisen out of, or in connection with termination), the Contractor

acknowledges and undertakes that its obligations under the contract shall continue to subsist and its work under the contract shall

continue without interruption during the subsistence of the dispute or difference.”

(7) Page No.48 clause 2.39.2 and page No.80clause 4.39.2 Force Majeure

Is replaced as

“The term force majeure shall mean War and Any prevailing Acts & Regulation of Government of India, State Government or any Local

Government ,Act of God such as flood, Landslide, volcanic eruption or fire, war, hostilities (Whether war be declared or not), invasion, act

of foreign enemies, Rebellion, revolution, insurrection or military or usurped power or Civil war”.

(8) Page No.48 clause 2.39.5 and page No.80clause 4.39.5 Force Majeure

Stands deleted.

(9) Page No. 56clause 3.21 Scope of work of charter

5th Paragraph inserted as

“Applicable Indian labour laws for crews and shore based employees to be complied”

4

(10) Page No. 87 Schedule III Format for performance Gaurantee

Additional Paragraph is included as deemed fit by the issuing bank

“Notwithstanding anything to the contrary contained in any law for the time being in force or banking practice, this guarantee shall not

be assignable or transferable by the beneficiary. Notice or invocation by any person such as assignee, transferee or agent of beneficiary

shall not be attained by the Bank. Any invocation of guarantee can be made only by the beneficiary directly”

(11) Page No. 7 clause No.1.5.1

2nd paragraph replaced as

The owner and/or those who have entered into Agreement with the owner of the Craft should have during the last 7 years ending

31.12.2016 successfully completed or Ongoing woks completed more than one year in chartering/ supplying on hire on wet lease

of tugs/offshore vessels/ships including its manning, operation and maintenance of vessels or manning and operation of Tugs,

Offshore vessels/ ships or both. Contract extension/ renewal certificate may be considered as completion certificate up to that said

period as stated above.

(12) Page No.43 clause 2.27 and page No.74 clause 4.27 Bollard Pull test

3rd Paragragh replaced as

Bollard pull test certificate (issued by IRS/IACS) to be uploaded for the technical evaluation purpose. Builder Certificate in this regard is

not acceptable .However bollard pull test as required will be done in the presence of IRS and KPL at contractor’s cost in ahead direction

for other tugs and astern directions for ASD/ Similar tugs or as the case may be.

General Manager (Marine Services) For Kamarajar Port Limited

5

KAMARAJAR PORT LIMITED

KPL/MS/TUGS/50T/2017/2 Date: 14.11.2017

CLARIFICATIONS TO THE BIDDERS

REPLIES TO PRE-BID QUERIES RAISED BY BIDDERS IN RESPECT OF TENDER FOR THE " RE-TENDER (2nd Call) FOR CHARTERING OF Two (2) Nos 50T Bollard Pull Tug At 90% MCR (Two Covers System) for a period of 7 years and Extendable up to maximum of Two (2) years at the discretion of KPL.”

S.No

Reference Clarifications Sought/Suggested By Bidders

Clarifications issued By KPL

1

PAGE NO:3 CLAUSE NO: (II) NOTICE INVITING TENDER - ESTIMATED COST: PAGE NO:43 CLAUSE NO: 2.27 BOLLARD PULL TEST: A bollard pull test has to be carried out in presence of classification society surveyor including assessing the condition, capability and performance of the tugs, before putting the Tugs on charter. The cost involved in carrying out the said work shall be borne by the contractor and report of classification society surveyor to be submitted to the Port. KPL also reserve the right to carry out Bollard Pull test of the tugs if warranted at any time during the currency of the contract. In case bollard pull falls below the required Bollard Pull of 50 tons for two (2) tugs as the case may be at 90% MCR, KPL reserves the right to impose the penalty, per day on pro rata basis, equivalent to 1% of the per day charter rate for each ton or part ton loss of Bollard pull. However, if, Bollard pull falls 2T below the required Bollard Pull, KPL reserves the

We understand that the Port is

desirous of hiring ASD Tugs which will

deliver 50 Ton @ 90% MCR in

“Astern direction” which is a major

aberration from the standard

practice of conducting Bollard pull

test in “Ahead direction”.

The above requirement of the Port

effectively means Bidders have to

offer tugs of 60 Ton Bollard pull or

more capacity in “Ahead

direction”. With this change in the

Port’s requirement, we request that

the budgetary estimate of this Tender

is to be revised and in this respect, we

humbly submit as follows:

Daily Hire Rates with regard to

Hiring of 60 Ton Bollard Pull Tugs

in “Ahead” direction:

Tender condition prevails.

6

absolute right to terminate the contract forthwith. All bollard pull tests during tenure of contract carried out by the contractor at his cost in KPL harbour. However, the time and fuel consumed for the test will be to the KPL’s account. Bollard pull test certificate (issued by IRS/IACS/Builder) to be uploaded for the technical evaluation purpose. However bollard pull test as required will be done in the presence of IRS and KPL at contractor’s cost in ahead direction for other tugs and astern directions for ASD/ Similar tugs or as the case may be. PAGE NO:52 CLAUSE NO: 3.1 (D) TECHNICAL SPECIFICATION - BOLLARD PULL: Steady/Sustained Bollard Pull of not less than the required bollard pull at 90% MCR and should be capable of pulling and pushing simultaneously from either forward or aft of the tugs depending on the mode used for operations that is forward and or aft of the tugs. Also the tug should have arrangement and capable to pull from forward and aft of the tugs.

• The daily charter rate has

already been established at

Kamarajar Port for hiring a 60

Ton Bollard pull Tug is INR

196,200/- (Tender in 2017).

• Kandla Port (60 TBP @100%

MCR Tug Tender in 2016): The

average daily hire rate of INR

2,06,767/- (11 yrs contract

tenure).

• Most Recent Kandla Port

Tender for hiring Tug of 60

TBP @ 100% MCR (Notice No.

6/2017 Aug’17): The

Estimated cost put to a 60 TBP

Tug Tender by Kandla Port is

Rs. 9.0 Crores Per year i.e. Rs.

2,46,575/- per day excluding of

GST for 11 yrs contract.

Even for hiring a 50 Ton Bollard

Pull Tug in “Ahead” direction:

• Kamarajar Port (50 TBP Tug

Tender in 2015): The daily

charter hire already established

at Kamarajar port for hiring 50

TBP tug in 2015 is INR

195,300/-.

• Kandla Port (2016 Tender for

50 TBP @ 100%MCR): The

average daily hire rate is INR

7

2,00,800/- (11 yrs contract

tenure).

• Paradip Port Tender: Recently

awarded a contract for 3 nos. of

50 TBP Tugs with a daily hire

rate of INR 193,500/- for each

tug.

We are of the opinion that budgetary

estimate for this Tender i.e. INR

173,540/- is significantly low as

compared to the above and request for

a revision.

2

PAGE NO:5 CLAUSE NO: 1.1.3 INSTRUCTION TO BIDDERS: The Bidders may offer tugs of more than required bollard pull power i.e. above 50 Ton instead of Kamarajar Port’s requirement of Two (2) Nos 50Ton bollard pull tugs. However, during evaluation, offers of higher bollard pull shall be considered on par with offers of 50Ton respectively and no weightage shall be sought or given for tugs beyond the requirement. PAGE NO:10 CLAUSE NO: 1.6.7 TECHNICAL SPECIFICATION:

The Craft offered shall be of the specifications given in the “Scope of Work”. Those offers which do not meet these minimum specifications shall be rejected.

The following documents (Notarized) shall be scanned

We bring to your notice that tender

document mentions both “Crafts” and

“Tugs” as requirement.

As per tender, there in only

requirement of 2 nos. of 50 TBP Tugs

and no other crafts like pilot boats &

others.

Therefore, we request you to please

replace the word “Crafts” with “Tugs”

to avoid ambiguity in the tender

document.

Please accept and confirm.

Craft/s are replaced as tug/s.

8

and uploaded along with techno-commercial bid on or before the last date of submission of tender.

3

PAGE NO:8 CLAUSE NO: 1.5.1 EXPERIENCE: Bidder should own the Crafts or if the Crafts is/are not owned by the Bidder, he should have entered into an Agreement on or before the last date of submission of the tender with the owner of the Craft for deploying them at Kamarajar Port Limited for the duration of the contract period and shall submit the valid document to prove the same. The Bidder shall also submit full Technical Specification of the Craft offered along with the supporting documents, drawing, etc. The owner and/or those who have entered into Agreement with the owner of the Craft should have during the last 7 years ending 31.12.2016 successfully completed chartering/ supplying on hire on wet lease of tugs/offshore vessels/ships including its manning, operation and maintenance of vessels or manning and operation of Tugs, Offshore vessels/ ships or both. For bidders those willing to Participate and bid to Supply for only one (1) No 50T Tug: i) Three similar works each costing not less than Rs.

17,73,57,880/- (amount 40% of the present estimated cost)

OR ii) Two similar works each costing not less than Rs.

22,16,97,350/- (amount 50% of the present estimated cost)

OR iii) One similar work costing not less than Rs.

35,47,15,760/- (amount 80% of the present estimated

As your good self is aware that the

skillsets required for Harbour towage

is very specialized and the experience

of the Contractor in this line of

business plays a crucial role for

deliverance of a Reliable, Efficient and

incident free marine operations

specifically when Port is going to

handle dangerous cargoes like

petroleum products and LNG in

future.

Therefore, we request modifications

in the definition of the Similar work

as follows:

“Similar work means supply with

manning & operation of Harbour

tugs for Port/Harbour operations”.

Our request is in line with recent Tug

tender by Kandla Port Trust.

Tender condition prevails.

9

cost) For bidders those willing to Participate and bid to Supply for two (2) Nos 50T Tugs: iv) Three similar works each costing not less than Rs.

35,47,15,760/- (amount 40% of the present estimated cost)

OR v) Two similar works each costing not less than Rs.

44,33,94,700/- (amount 50% of the present estimated cost)

OR vi) One similar work costing not less than Rs.

70,94,31,520/- (amount 80% of the present estimated cost)

Similar Works means chartering/ supplying on hire on wet lease of tugs/offshore vessels/ships including its manning, technical operation and maintenance of vessels or manning and technical operation of Tugs, Offshore vessels/ ships or both. Details of documents to be submitted as per Clause: 1.6.7

4

PAGE NO:24 CLAUSE NO: 1.25 EVIDENCE OF INSURANCE: I. P & I third party liability insurance for port personnel

and others who may enter the contractor’s assets / crafts.

II. Workmen’s compensation insurance as per the

statutory requirements for loss of life/partial disability due to fire or any other accident.

III. Any other insurance that may be necessary to protect

the Bidder, his employees and assets, whether constructed / purchased by the Bidder or handed over

We bring to your kind attention that

the following standard insurance

covers are available to the Contractor:

1. Hull & Machinery (H&M) and war

risk insurance coverage for the Tug

2. Protection & Indemnity (P&I) for

third party liability, crew liability,

wreck removal, pollution liabilities

Workmen’s compensation covering life

of shore based workers, if any.

As these are only insurance covers

available to the Contractor, we trust

Tender condition prevails.

10

by the Kamarajar Port (against loss, damage or destruction at replacement value) including all Force Majeure.

IV. Contractor shall have to submit an indemnity

indemnifying KPL for all events which are not otherwise covered in 1.25 items (i) to (iii).

these insurance shall meet the

requirement of the Port.

Kindly confirm acceptance of the

above.

5

PAGE NO:25 CLAUSE NO: 1.28 PENALTY: PAGE NO:39 CLAUSE NO: 2.19 PENALTY: PAGE NO:71 CLAUSE NO: 4.19 PENALTY: If tug is inoperative / unavailable and KPL is denied use of the

tugs, penalty will be levied from the time and date of such in-

operative/unavailability after allowing any paid down time (if

available) to the credit of the contractor up to the time and

date of break down / in-operative as follows, in addition to

nonpayment of charter hire charges on prorate basis and

penalty as below will be levied.

Upto 14days – 15% of hire charges per day 15 to 21 days – 30% of hire charges per day Beyond 21 days –50% of hire charges per day

Beyond 45 days contract is liable to be terminated.

This Clause will be operative, if the Crafts remain non-operational due to breakdown or for any other reason

As providing a safe working

environment is Port’s responsibility,

we request that if the Tug(s) are

inoperative/ unavailable due to

propeller fouling arising out of

debris in the Port water, in such

cases, Tug(s) would continue to be

on-hire and penalty would not be

applicable.

Kindly confirm.

Tender condition prevails.

11

and/or the operator take more than the accumulated Down Time as specified in this Tender Document and/or the Contractor refuses to do the operations as per the directions of the GM (MS) or his authorized representative for any reasons. In addition to the non-payment of charter rate for the period of non-availability of the Crafts, the Penalty shall be levied as per the provisions of the relevant Clauses of this Tender Document and the Contractor shall pay the penalty amount or the amount will be adjusted from the monthly payment or from any amount due to him or from the Performance Guarantee.

If the Crafts are not operational even after Fourteen days:-

The contractor has to provide a substitute crafts/sister/ similar crafts with similar/better specification (in sea worthy and efficient condition and should be in possession of all necessary valid certificates and IRS/IACS Class certification) shall be provided as a replacement by the contractor. The contractor should diligently take efforts to deploy the substitute crafts at the earliest but not exceeding 45 days from the day of non-operation.

However the fuel consumption of the replacement tugs shall be restricted to the fuel consumption of originally offered Crafts. Further, the sister/ similar/substitute Crafts which are deployed by the contractor shall be required to operate for a maximum period of 90 days only from the date & time Crafts are deployed and failure to deploy the originally offered tugs within 90 days, the contract is liable to be terminated at the discretion of KPL. If the offered crafts are rendered beyond repair as per

12

undertaking submitted by the contractor the substitute crafts with similar or better specifications only may continue for remaining currency period of contract.

If the Contractor fails to provide the substitute crafts after 45 days:-

If contractor expresses his inability to provide the offered crafts or substitute crafts by 45th day then the contract shall be terminated. In case of termination, the Paid Downtime to the credit of contractor will lapse and penalty as above shall apply. The B.G. towards Performance Guarantee shall be encashed as per clause 2.17 of the general conditions of the contract.

6

PAGE NO:47 CLAUSE NO: 2.37 TERMINATION OF CONTRACT: PAGE NO:80 CLAUSE NO: 4.37 TERMINATION OF CONTRACT:

The Contract can be terminated under the following cases:

(i) KPL reserves the right to terminate the contract as mentioned in Penalty Clause of the General Conditions of Contract.

(ii) Contractor’s failure or omission or neglect or negligence or default to comply with or perform any of his duties, obligations under any of the Articles / Clauses of the Charter Party Agreement or Tender after giving three warnings in writing.

(iii) The Contractor fails to provide the Crafts as per the specifications of Kamarajar Port. (iv) The Contractor fails to fulfill the statutory requirements

(i) With regard to sub clause (iii), the

tender has provision of substitution

of offered tugs with similar or better

specifications during the currency

of the contract. Therefore, we

request modification in the sub

clause as follows:

“The Contractor fails to provide the

Craft as per the specifications of

Kamarajar Port subject to terms of

this Tender”.

(ii) With regard to sub clause (iv), we

request that the contractor shall be

given reasonable time period to rectify

the default prior contract is

terminated. We request modification

Clause:2.37 (iii) Will be read

as:

“The Contractor fails to

provide the tug/s as per the

terms and conditions of the

tender document”.

The respective crew should be

replaced by the contractor at

the earliest not later than 120

hrs.

13

and other conditions as indicated in the Tender Document for operation of the Crafts. (v) When the bollard pull of the Crafts falls below norms set

in Bollard Pull test Clause. (vi) In case of indiscipline of the crew of the Crafts or refusal

to carry out the orders of the General Manager (MS) or his authorized representative.

(vii) It is informed that incase of unavailability of particular tugs; the contract of particular tug will only be terminated as per terms and conditions of the contract.

In case, the Contract is terminated for any of the above reasons, the Contractor shall forfeit the B.G. Performance Guarantee. PAGE NO:37 CLAUSE NO: 2.12.5 GUIDELINES TO BIDDERS: In case, the General Manager (MS) receives complaints of indiscipline or refusal to carry out the orders of his authorized representative, the same shall be viewed seriously and charter rate for the day shall be deducted as a penalty and for serious offences, the concerned personnel shall not be allowed to operate the Crafts. The contractor shall arrange for suitable replacement within 48 hours failing which severe action will be taken including termination of the

contract by the Kamarajar Port Limited.

in the clause:

“The Contractor fails to fulfill the

statutory requirements and other

conditions as indicated in the Tender

Document for operation of the Craft

even after port provides reasonable

time for rectification.”

(iii) With regard to sub clause (vi), we

draw your attention to the Clause

2.12.5 wherein the contractor is

allowed 48 hours of time period to

replace the crew. Therefore, we

request you to kindly modify as

follows:

“In case of indiscipline of the crew of

the Craft or refusal to carry out the

orders of the General Manager (MS) or

his authorized representative subject

to clause 2.12.5”

Further, we request you to provide

atleast 5 days time to replace the

crew as 48 hours is too short for

providing crew of same qualification

and expertise.

We request your kind confirmation on

the above issues.

7 PAGE NO:47 (1) We understand that for this clause 15 days rectification period

14

CLAUSE NO: 2.38 FORE CLOSURE: The Kamarajar Port Limited has the right to Foreclose the contract for National Security, National Emergency and in general public interest and in case of non performance by the contractor with respect to non compliance of Tender

conditions, operational short falls, variation in declared fuel consumption etc. The Kamarajar Port Limited will endeavor to issue a written notice of not less than 3 months of the intended foreclosure to the Contractor specifying therein reasonable details, the reasons for foreclosure and expressing readiness

to relieve all undertakings of the Contractor and the Contractor shall take the Crafts and employ anywhere the contractor intends to go. Contractor shall continue to work in the notic e period at the same Charter Rate.

to be applicable, National Security,

national emergency and in general

public interest should be affecting the

port and not otherwise. Please

confirm.

(2) We request you to please define the

term “General Public Interest”.

(3) We bring to your attention that

variations in fuel consumption cannot

be a ground for termination. As per

this tender, if the fuel consumption is

over and above the declared fuel

consumption, then the cost of excess

fuel is recovered from charter hire

charges payable by the Port. Request

you to please delete the word

“variation in declared fuel

consumption”.

(4) As per standard industry practice,

contractors are given adequate cure

period to rectify the fault for non

compliance of tender conditions and

any operational short falls. Failing

which only, contract is liable for

termination.

In view of the above, we request KPL to

provide at least 30 days’ time to

contractor to remedy the default prior

allowed to the contractor to remedy the default.

15

issuing 3 months’ notice for

termination.

Request your favorable response on

the above.

8

PAGE NO:25 CLAUSE NO: 1.28 PENALTY: PAGE NO:39 CLAUSE NO: 2.19 PENALTY: PAGE NO:71 CLAUSE NO: 4.19 PENALTY: If tug is inoperative / unavailable and KPL is denied use of the tugs, penalty will be levied from the time and date of such in-operative/unavailability after allowing any paid down time (if available) to the credit of the contractor up to the time and date of break down / in-operative as follows, in addition to nonpayment of charter hire charges on prorate basis and penalty as below will be levied. Upto 14days – 15% of hire charges per day 15 to 21 days – 30% of hire charges per day Beyond 21 days –50% of hire charges per day Beyond 45 days contract is liable to be terminated. This Clause will be operative, if the Crafts remain non-operational due to breakdown or for any other reason and/or the operator take more than the accumulated Down Time as specified in this Tender Document and/or

Considering the fact that these high

capacity tugs are generally deployed in

long term contracts and availability in

spot market in India is rather scarce,

contractor has to bring in a substitute

tug either from overseas or from the

West coast of India where possibility of

availability of tug is slightly better.

The tight time frame for bringing in

substitute tug within 14 days is

highly onerous and only leads to a

possible default on the part of the

contractor and termination within

45 days.

It may kindly be noted that other

Major Ports require the Contractor to

provide a substitute tug after 30 days

of such unavailability and in case of

failure to do so; the contract is

terminated after 60 days.

Kindly accept and amend accordingly.

Tender condition prevails.

16

the Contractor refuses to do the operations as per the directions of the GM (MS) or his authorized representative for any reasons. In addition to the non-payment of charter rate for the period of non-availability of the Crafts, the Penalty shall be levied as per the provisions of the relevant Clauses of this Tender Document and the Contractor shall pay the penalty amount or the amount will be adjusted from the monthly payment or from any amount due to him or from the Performance Guarantee.

If the Crafts are not operational even after Fourteen days:-

The contractor has to provide a substitute crafts/sister/ similar crafts with similar/better specification (in sea worthy and efficient condition and should be in possession of all necessary valid certificates and IRS/IACS Class certification) shall be provided as a replacement by the contractor. The contractor should diligently take efforts to deploy the substitute crafts at the earliest but not exceeding 45 days from the day of non-operation.

However the fuel consumption of the replacement tugs shall be restricted to the fuel consumption of originally offered Crafts. Further, the sister/ similar/substitute Crafts which are deployed by the contractor shall be required to operate for a maximum period of 90 days only from the date & time Crafts are deployed and failure to deploy the originally offered tugs within 90 days, the contract is liable to be terminated at the discretion of KPL. If the offered crafts are rendered beyond repair as per undertaking submitted by the contractor the substitute crafts with similar or better specifications only may

17

continue for remaining currency period of contract.

If the Contractor fails to provide the substitute crafts after 45 days:-

If contractor expresses his inability to provide the offered crafts or substitute crafts by 45th day then the contract shall be terminated. In case of termination, the Paid Downtime to the credit of contractor will lapse and penalty as above shall apply. The B.G. towards Performance Guarantee shall be encashed as per clause 2.17 of the general conditions of the contract.

9

PAGE NO:27 CLAUSE NO: 1.33 RESCUE / SALVAGE OPERATION: Apart from carrying out the duties assigned to the tugs by the General Manager (MS) under the terms and conditions of the contract, the tugs may be required for rescue/salvage operations in case of an emergency. Since the rescue and salvage to vessels in distress is a mandatory requirement, the tugs may be required to go beyond the port limits of Kamarajar Port, for which all assistance, including extra manning; insurance etc will be provided by the Contractor. Since the marine casualty is controlled and managed by the DG Shipping, the tugs may be required to assist in any rescue or salvage operations as per their directions. In case of any remuneration or reward earned by the tugs owners on account of rescue/salvage operations, the same shall be shared with Kamarajar Port Limited equally after deduction of any extra cost incurred by the contractor. No Daily hire rate will paid for this period of the salvage operation i.e. from the time the tugs are cast off for the salvage operation to the time the tugs are made fast at finger jetty.

As your good self, Salvage is a

highly specialized job and these

harbour Tug boats are not suitable

for carrying out Salvage jobs. It also

requires crew having specific skill sets

which is rather scarce in the market

and prohibitively expensive. Further,

in general Tug insurance does not

cover Salvage jobs. We therefore,

request you to kindly exclude

Salvage from the scope of work. Tender condition prevails.

18

Kamarajar Port will remain the De facto owner of the tugsfor the entire period of such operation. PAGE NO:36 CLAUSE NO: 2.12.1 GUIDELINES TO BIDDER: PAGE NO:68 CLAUSE NO: 4.12.1 GUIDELINES TO BIDDER: The Crafts shall be deployed for shipping work in the

Kamarajar Port or to any places at sea for the purpose of search and rescue of passengers / crew of vessels in distress in the

vicinity The Crafts shall also be made available for assisting towage of disabled vessels, salvage operations at the discretion of the Controlling Officer viz., General Manager (MS) or the

authorized representative of Kamarajar Port Limited. The Crafts may also be used at neighboring ports without changing manning pattern of the tugs as prescribed by authority of Kamarajar

Port subject to obtaining No Objection Certificate from DG

Shipping and / or Tamilnadu Maritime board for movement of Tugs without voyage permission at the discretion of Kamarajar Port Limited.

10

PAGE NO:29 CLAUSE NO: 2.1.14 CHARTER PERIOD: PAGE NO:60 CLAUSE NO: 4.1.14 CHARTER PERIOD:

We request that the extension shall be

for a fixed period of 2 years.

Kindly confirm and modify all relevant

clauses.

Tender condition prevails.

19

‘CHARTER PERIOD’ means currency of contract period of Seven (7) years extendable up to Maximum of Two years for Two (2) Nos 50 Ton Bollard Pull Tugs at 90% MCR with same terms and conditions at the discretion of the KAMARAJAR PORT LIMITED commencing from the date of acceptance of the Crafts by the KAMARAJAR PORT LIMITED on charter from the contractor as per the terms and conditions of contract. Three month prior notice will be given, If KAMARAJAR PORT LIMITED decides to extend the contract of charter period. Extension period will be on discretion of port based on need basis and performance. PAGE NO:30 CLAUSE NO: 2.2.1 PERIOD OF CHARTERING: PAGE NO:61 CLAUSE NO: 4.2.1 PERIOD OF CHARTERING: The Bidder shall provide and the Kamarajar Port Limited shall use the services of Crafts for a period of Seven (7) years extendable up to Maximum of Two (2) years with same terms and conditions for Two (2) 50 Ton Bollard Pull Tugs at 90% MCR at the discretion of the Kamarajar Port Limited, if required with effect from the date of acceptance of the Crafts by the Kamarajar Port Limited on charter from the contractor as per the terms and conditions of contract. Three month prior notice will be given; If KAMARAJAR PORT LIMITED decides to extend the contract of charter period. Extension period will be on discretion of port based on need basis and performance.

11

PAGE NO:32 CLAUSE NO: 2.4.3 AVAILABILITY:

(i) We draw your attention that the

tender allows less than 5 years old age

profile tugs and for contract tenure of Tender condition prevails.

20

Any planned dry dock and/or otherwise for the crafts can be

done only with prior permission of GM (MS) and also sister/

similar crafts will have to be deployed for the entire period, the

offered tugs are out of service for dry-dock and/or otherwise.

The substitute tug should not be older than the offered tug at

the time of substitution.

If replacement/similar or better specification crafts are

substituted for dry dock period only and has been accepted by

KPL with following deficiencies the penalty mentioned below

will be applicable.

1. Age

If the age of the substitute tugs is More than 1 year and less

than 3 years than the offered tug at the time substitution,

For 1st 15 days a penalty of 10% per day of the daily hire rate

shall be levied. From 16 to 30 day a penalty of 15% per day of

daily hire rate shall be levied.

2. FiFi class:- Non compliance with respective FiFi class will

attract penalty as follows:-

Half FiFi – 2 Nos 50 Ton Bollard Pull Tugs

For 1st 15 days a penalty of 3% per day of the daily hire rate

shall be levied. From 16 to 30 day a penalty of 5% per day of

daily hire rate shall be levied.

A maximum period of 30days for Dry docking period will be

provided.

the 7+2 years, the age of the tug would

be around 14 years at the end of the

contract. However, in this clause,

the age of substitute tug is

restricted only to 1-3 years which is

not a standard practice. We request

that clause is to be amended to say

the contractor is permitted to

substitute with a tug which is not

more than 14 years old.

(ii) The contractor would endeavor its

best to place a similar / better

specification tug as a substitute.

However, considering practical

difficulties an exact match would not

be possible and to ensure no

disruption in the operations of the

Port, we request that the Port should

accept a suitable substitute tug with

deficiencies of Age, FiFi and Bollard

Pull. The deficiencies in terms of Age,

FiFi and BP to be penalized as follows:

1. Age

More than 14 years old as on

replacement date: - 1% per day of

daily hire rate shall be levied

2: External FIFI: 1% per day of daily

hire rate shall be levied

21

3. Bollard pull: 1% per day of daily

hire rate shall be levied for each ton

or part ton lesser Bollard pull

subject to minimum BP of 45 Ton.

Since deployment of the substitute

tugs are for a short term and

temporary arrangement, we request

your acceptance of a substitute tug as

long as it suits your operational

requirement.

We request your kind confirmation on

the above.

12

PAGE NO:33 CLAUSE NO: 2.5.1 ALLOWED MAINTENANCE PERIOD (PAID DOWNTIME): PAGE NO:65 CLAUSE NO: 4.5.1 ALLOWED MAINTENANCE PERIOD (PAID DOWNTIME): The Bidder shall be eligible for 24 hours allowed maintenance period for each Crafts in a month i.e. 12 days in a year during the currency of contract. PAGE NO:33 CLAUSE NO: 2.5.2 ALLOWED MAINTENANCE PERIOD (PAID DOWNTIME): PAGE NO:65 CLAUSE NO: 4.5.2 ALLOWED MAINTENANCE PERIOD (PAID DOWNTIME): In case of non-utilization of allowed maintenance period

(i) We request that the full one-year’s

Maintenance period shall be credited

at the beginning of each contractual

year instead of crediting every

month.

However, the Contractor must take

prior permission in writing of the GM

(MS), before laying up the tug to carry

out any maintenance work (i.e. work

/repairs includes dry docking / hull

inspection and survey).

Please note that insufficient time for

maintenance will lead to breakdowns

and thereby affect reliability of the tug.

(ii) Unutilized down time for the entire

Tender condition prevails.

22

of 24hours (down time) during the month, the Bidder shall be allowed to carry over the unutilized hours to subsequent two months. i.e. the unutilized Paid Downtime for the month of January will lapse on 1st of April. For E.g.: Paid Downtime for the month of April can be availed till 31 May only. On 1 June the Paid Downtime of the month of April if not availed will lapse. During the breakdown period which exceeds the available down time, upto 20 days fuel cost if any will be levied. After 20 days applicable berth hire/ port charges including fuel cost would be charged on the tugs as per prevailing Scale of Rates will be applicable.

year can be carried forward to the next

year. However, a maximum of 14 days

of downtime will be permitted at a

stretch. Further, if unavailability

exceeds for a period of 14

consecutive days, the contractor

shall provide a substitute tug.

Please note that by not allowing

carry forward of down time, the

good performance of the Tug is

penalized.

(iii) Available down time shall be

adjusted/set-off against the

unavailability period prior to

imposition of loss of hire and penalty.

We request your kind confirmation of

the above.

13

PAGE NO:35 CLAUSE NO: 2.10 FUEL CONSUMPTION: During the course of chartering, if the fuel consumption of the

Crafts or the replacement Crafts are found above the declared

consumption (originally offered Tugs) per hour at 100% MCR of

Main Engines or at 100% MCR of DG sets, the cost towards

the excess consumption of fuel will be recovered from the

charges payable and cost of fuel will be considered on the

basis of the prevailing market rate of IOC plus overheads, if

any. Tugs shall be provided with calibrated Flow meter in the

Typically harbor tugs are not equipped

with flow meters as accuracy of flow

meters is not reliable at varying loads.

We have experienced various issues

related to flow meters such as flow of

fuel slows down considerably many a

times resulting in sudden shut down

of Engines /developing technical

snags. Considering these practical

difficulties none of the major Ports

where we perform tug services like

Flow meter and /or fuel gauge should be fitted.

23

fuel line to propulsion engine including the DG sets to monitor

the fuel consumption.

Shore fuel monitoring system will be installed subject to KPL’s

Management approval at KPL cost. The contractor to facilitate

the same.

JNPT, Mumbai Port, NMPT, Cochin

Port, Tuticorin Port, Chennai Port,

Vizag Port & Paradip Port have waived

off requirement of flow meters though

initial tender had stipulated such

requirements.

In light of above, we request you for

operational safety, kindly do not insist

on such requirement and request

continuance of existing practice of

calculating fuel oil consumption by

taking the differences in fuel quantity

ascertained by Fuel Tank Sounding

Method in beginning and at end of the

month.

Please confirm the above.

14

PAGE NO:35 CLAUSE NO: 2.10 FUEL CONSUMPTION: During the course of chartering, if the fuel consumption of the

Crafts or the replacement Crafts are found above the declared

consumption (originally offered Tugs) per hour at 100% MCR of

Main Engines or at 100% MCR of DG sets, the cost towards

the excess consumption of fuel will be recovered from the

charges payable and cost of fuel will be considered on the

basis of the prevailing market rate of IOC plus overheads, if

any. Tugs shall be provided with calibrated Flow meter in the

fuel line to propulsion engine including the DG sets to monitor

Please elaborate on the proposed

shore based fuel monitoring system.

Tender condition prevails.

24

the fuel consumption.

Shore fuel monitoring system will be installed subject to KPL’s

Management approval at KPL cost. The contractor to facilitate

the same.

15

PAGE NO:36 CLAUSE NO: 2.11 (C) NOTIFICATION OF AWARD: PAGE NO:67 CLAUSE NO: 4.11 (C) NOTIFICATION OF AWARD:

a) Prior to the expiration of the period of tender validity prescribed in the tender, KPL will notify the successful Bidders through letter/s by post/fax confirming that their offer has been accepted for award of contract. This letter is to be called Letter of Award (LOA). This Letter of Award shall indicate the sum, which KPL will pay to the Contractor in consideration of the execution of the contract by the contractor.

b) The Crafts have to be placed at disposal of KPL for shipping movements after IRS OR IACS surveys and certification, Bollard Pull tests and grant of permission by GM (MS) positively within a week after availability of tugs at KPL. i.e. tug Should be ready latest by Ninety (90) days (tug should be made available at KPL after issuance of letter of Award) plus Three (3) days (for trials and tests by third party (IRS or IACS) ).

c) Upon the receipt of Letter of Award of the contract, the successful Bidders shall send Letter of Acceptance and prepare the Charter Party Agreement included in the Tender Document (Schedule - I), after taking into

We understand that PBG to be

submitted and Charter Party

agreement to be executed within 15

days of “Letter of Acceptance”, not

“Letter of Award” as mentioned.

Please confirm.

For all purpose date of letter of award will be taken as reference.

25

account any changes thereafter agreed by both the parties, at the earliest without any delay and complete all the formalities and submit the same to KPL. Duly executed on stamp paper for appropriate value within 15 days from the date of issue of Letter of Award. One set of the agreement will be returned to the Contractor after the signature of appropriate authority. Contractor shall make 5 bound copies of the agreement with duly signed tender copy at his own cost and submit to Kamarajar Port Limited.

d) The successful Bidder shall submit BG towards Performance Guarantee prior to signing of agreement.

e) Any delay caused due to any correspondences /

clarifications / requests etc. received from the Bidder

after the date of issue of the Letter of Award will be to

the account of the successful Bidder and no extension

of time will be granted.

16

PAGE NO:38 CLAUSE NO: 2.13.3 PAYMENT TERMS: PAGE NO:69 CLAUSE NO: 4.13.3 PAYMENT TERMS: The Contractor shall submit monthly Claim bill for crafts in

the KPL format in duplicate to the Office of the General Manager (MS). After scrutiny of the bill, the payment shall be made within 30 days from the date of submission of the bill subject to the Contractor submitting all the relevant documents for the purpose of scrutiny and certifying the bill. Though, all

We request KPL not to retain the

entire payment in case of any dispute

and at least the undisputed portion

of the Payment shall be released by

the port within the scheduled time

and retain the disputed portion of the

Payment.

Kindly confirm.

Undisputed amount shall be released by the port as per terms and conditions.

26

the efforts will be made to make the payment within the stipulated time, in case any discrepancy is found and there is a resultant delay in effecting payments, the Contractor is not entitled for any type of compensation or interest if there is any delay in making payment to the Contractor.

17

PAGE NO:38 CLAUSE NO: 2.14 GENERAL: PAGE NO:69 CLAUSE NO: 4.14 GENERAL: The charter rate amount quoted shall be base rate and other

taxes viz., GST separately in connection with chartering of

Crafts to Kamarajar Port.

PAGE NO:38 CLAUSE NO: 2.14.1 GOODS AND SERVICE TAX (GST): PAGE NO:70 CLAUSE NO: 4.14.1 GOODS AND SERVICE TAX (GST): The GST shall be quoted separately in Price bid and shall be

reimbursed on the subsequent month on receipt of ITC at

KPL’s GST Portal.

(1) We understand that Bidder will

quote daily hire rate exclusive of GST

and prevailing rate of GST will be

quoted separately in the price bid

format. Kindly confirm.

(2) Further, we request that after the

bid submission date any new taxes are

levied by either by Central or state

governments pertaining to hire

charges payable by port and / or there

is a change in the GST rate, the same

will be reimbursed by the port on

production of documentary evidences.

Kindly Confirm.

(3) With respect to Clause 2.14.1 and

4.14.1, we request that the monthly

charter hire invoice to be paid within

due period including GST. Kindly

confirm.

(1)Bidder has to quote Daily Hire rate exclusive of GST and GST has to be quoted separately as per format . (2) Any new taxes imposed due to change of law by Government will be adjusted. (3)Reimbursement of GST will be made within seven working days on reflection of input credit in KPL’s GST portal. (4)Payment of charter hire excluding GST will be made as per tender conditions and GST will be reimbursed as above.

18

PAGE NO:43 CLAUSE NO: 2.27 BOLLARD PULL TEST:

(i) As you are aware that the Bollard

Pull Test has risks associated with it

and tugs are known to have “girted”

during the test. Therefore, we request

Bollards pull tests whenever required by kpl to be carried out by the contractor. During the test the tug will remain on

27

PAGE NO:74 CLAUSE NO: 4.27 BOLLARD PULL TEST: A bollard pull test has to be carried out in presence of

classification society surveyor including assessing the

condition, capability and performance of the tugs, before

putting the Tugs on charter. The cost involved in carrying out

the said work shall be borne by the contractor and report of

classification society surveyor to be submitted to the Port.

KPL also reserve the right to carry out Bollard Pull test of the

tugs if warranted at any time during the currency of the

contract. In case bollard pull falls below the required Bollard

Pull of 50 tons for two (2) tugs as the case may be at 90%

MCR, KPL reserves the right to impose the penalty, per day on

pro rata basis, equivalent to 1% of the per day charter rate for

each ton or part ton loss of Bollard pull. However, if, Bollard

pull falls 2T below the required Bollard Pull, KPL reserves the

absolute right to terminate the contract forthwith. All bollard

pull tests during tenure of contract carried out by the

contractor at his cost in KPL harbour. However, the time and

fuel consumed for the test will be to the KPL’s account.

Bollard pull test certificate (issued by IRS/IACS/Builder) to be

uploaded for the technical evaluation purpose. However bollard

pull test as required will be done in the presence of IRS and

KPL at contractor’s cost in ahead direction for other tugs and

astern directions for ASD/ Similar tugs or as the case may

be.

PAGE NO:31 CLAUSE NO: 2.2.4.4

you that only in case Port feels that

there is a deficiency in the services of

a tug for a continuous basis, port may

ask for a Bollard Pull Test.

(ii) Further, we are of the opinion that

all bollard pull tests or any survey

during tenure of contract whenever

required by the KPL will be carried

out by the Contractor at KPL’s cost

and time. However, if the tug fails

to deliver the required bollard pull /

any survey, the cost of such test

shall be borne by the Contractor.

We request your kind confirmation on

the above.

hire and no port related charges including bollard pull test charges shall be levied. However if the contractor fails to achieve the required bollard pull for the respective tug, the above charges shall be levied. Bollard pull test certificate issued by Builder will not be considered , only Bollard pull test Certificate issued by IRS/IACS will be considered and to be uploaded . As mentioned in tender conditions bollard pull test will be carried out at KPL in the presence of IRS surveyor and KPL representative prior to acceptance. Other tender conditions prevails.

28

CHARTER RATE AMOUNT: PAGE NO:63 CLAUSE NO: 4.2.4.4 CHARTER RATE AMOUNT: If during the contractual period the performance is found not as per the terms and conditions laid herein, the crafts may be surveyed by a third party (IRS or IACS) in the presence of KPL Representative at the Bidders cost and if proved the penalty clause will be applicable.

19

PAGE NO:46 CLAUSE NO: 2.35 INDEMINITY:

PAGE NO:79 CLAUSE NO: 4.35 INDEMINITY: Notwithstanding all reasonable and proper precautions that

may have been taken by the Contractor at all times during the

currency of the agreement, the Contractor shall nevertheless

be wholly responsible for all damages to the property of

Kamarajar Port Limited during the currency of the agreement

and the cost of such damages shall be borne by the

Contractor.

KPL will not be responsible for any damage suffered by the

Tugs due to failure of tugs or errors of the Masters and crews

or any reason whatsoever.

Kindly appreciate that the liability of

the contractor under this contract is

open ended and unlimited. This makes

the project risky and Contractor will

have the problem in funding. Further,

the Owner would not be able to absorb

such huge liability in the absence of

any insurance which can cover these

risks. Therefore, we request

Limitation of Liability under the

Charter Party as follows:

“Notwithstanding anything to the

contrary mentioned in this

contract, the Contactors liability for

each contractual year under this

Contract shall be limited to 10% of

the annual contract value as

submitted in the form of PBG.”

Kindly confirm.

Tender condition prevails.

29

20

PAGE NO:46 CLAUSE NO: 2.36 DISPUTE BETWEEN THE CONTRACTOR AND KAMARAJAR PORT LIMITED: PAGE NO:78 CLAUSE NO: 4.36 DISPUTE BETWEEN THE CONTRACTOR AND KAMARAJAR PORT LIMITED: 1. In the event of any dispute or difference of whatsoever

nature between the parties arising out of, in relation to, or in

connection with the contract, including any dispute or

difference arising from or in connection with termination, the

parties shall, at the outset, attempt to resolve the said dispute

or difference amicably. In the event there is no amicable

resolution of the dispute or difference between the parties

within thirty days from the date of notice of the said dispute or

difference by either party, such dispute or difference shall be

referred to a sole arbitrator to be nominated by the Chairman

and Managing Director, KPL. Provided that notwithstanding

the escalation of any dispute or difference to arbitration, (save

and except such disputes as has arisen out of, or in

connection with termination), the Contractor acknowledges

and undertakes that its obligations under the contract shall

continue to subsist and its work under the contract shall

continue without interruption during the subsistence of the

dispute or difference.

2. The contract shall be subject exclusively to the laws of India.

Subject to the aforementioned clause, the Courts at Chennai

shall have exclusive jurisdiction with respect to the disputes or

As the Chairman and Managing

Director of KPL is a party to the

dispute; we request that any dispute

or difference shall be referred to a sole

arbitrator appointed by the High

Court of Chennai on the application

of either Party in accordance with

Arbitration of Conciliation Act 1996.

The dispute resolution mechanism

provided under the tender is one-sided

and biased which is against the spirit

of an equitable contract /agreement.

Thus, we request that all disputes

shall be referred and resolved through

a neutral party appointed under the

Arbitration and Conciliation Act, 1996.

Standard arbitration clause will be applicable.

30

differences of whatsoever nature between the parties arising

out of, in relation to, or in connection with the contract. The

venue of arbitration shall be Chennai, and the arbitration

proceedings shall be conducted in English.

3. The parties agree that the Arbitration pursuant to the

Clauses 1 and 2 aforementioned shall be “fast track

arbitration” and undertake that the parties shall share the

expenses thereof in equal proportion.

21

PAGE NO:47 CLAUSE NO: 2.39.1 Experience of having similar On-going works completed more than one year period, during last 7 years ending 31.12.2016 will also be considered for techno-commercial evaluation In the event of either party being rendered unable by Force

Majeure to perform any obligations required to be performed

under this contract, the relative obligation of the party affected

by such force majeure shall upon notification to the other

party be suspended for the period during which such cause

lasts, unless force majeure operates for a period in excess of

15 days.

We understand from the existing

clause on Force Majeure that in the

event a Tug is impacted by a Force

Majeure event, the Contractor would

be given only 15 days’ time to bring

back the tug to operations. This time

period is too short considering the

recent cyclonic event which has

caused a major damage to our Pilot

boat rendering her not available for

more than six months.

We therefore request you to kindly

amend the clause in line with the

50 Ton Tug tender of Kamarajar

Port in 2015 which allowed 3

months.

Tender condition prevails.

22

PAGE NO:48 CLAUSE NO: 2.39.2 FORCE MAJEURE:

(i) We bring to attention that under the

stated clause, the word “or act of

God” has been missed. We request

you to please insert again in line with

Act of god also included additionally in the term force majeure.

31

PAGE NO:79 CLAUSE NO: 4.39.2 FORCE MAJEURE: “The term force majeure shall mean War and Any prevailing Acts & Regulation of Government of India, State Government or any Local Government or events such as flood, Landslide, volcanic eruption or fire, war, hostilities (whether War be declared or not), invasion, act of foreign enemies, Rebellion, revolution, insurrection or military or usurped power Or civil war”.

last tender. Please confirm.

23

PAGE NO:75 CLAUSE NO: 4.27 BOLLARD PULL TEST: A bollard pull test has to be carried out in presence of

classification society surveyor including assessing the

condition, capability and performance of the tugs, before

putting the Tugs on charter. The cost involved in carrying out

the said work shall be borne by the contractor and report of

classification society surveyor to be submitted to the Port.

KPL also reserve the right to carry out Bollard Pull test of the

tugs if warranted at any time during the currency of the

contract. In case bollard pull falls below the required Bollard

Pull of 50 tons for two (2) tugs as the case may be at 90%

MCR, KPL reserves the right to impose the penalty, per day on

pro rata basis, equivalent to 1% of the per day charter rate for

each ton or part ton loss of Bollard pull. However, if, Bollard

pull falls 2T below the required Bollard Pull, KPL reserves the

absolute right to terminate the contract forthwith. All bollard

pull tests during tenure of contract carried out by the

1) BP test certificate in Astern

Direction is a specific requirement.

Thereby, Tug may have to be pulled

out from its operation to carry out a

fresh BP test which is always not

possible. We request that Bidders

shall be allowed to submit BP test

certificate as available at the time

of bid submission and the

successful bidder has to carry out a

BP test in ahead & astern direction

at the time of On Hire of the Tug.

Please confirm.

2) BP test certificate by Builder is not

to be accepted as it may not be carried

out as per set guidelines followed by

IACS. Hence, evaluation of Tugs will

not be on equal ground.

3) Further, we request that in case the

Bollard pull test certificate issued by Builder will not be considered , only Bollard pull test Certificate issued by IRS/IACS will be considered and to be uploaded . As mentioned in tender conditions bollard pull test will be carried out at KPL in the presence of IRS surveyor and KPL representative prior to acceptance. Other tender conditions prevails.

32

contractor at his cost in KPL harbour. However, the time and

fuel consumed for the test will be to the KPL’s account.

Bollard pull test certificate (issued by IRS/IACS/Builder) to be

uploaded for the technical evaluation purpose. However bollard

pull test as required will be done in the presence of IRS and

KPL at contractor’s cost in ahead direction for other tugs and

astern directions for ASD/ Similar tugs or as the case may

be.

certificate of Bollard Pull Test is not

older than six months from the last

date of submission of the bid the

requirement to carry out fresh Bollard

Pull Test at KPL prior deployment is

waived off.

24

PAGE NO:55 CLAUSE NO: 3.15 SCOPE OF WORK:

The Contractor shall be responsible for the injuries, loss of life to the Tugs crew/Port personnel while carrying out the operation of the Crafts. The Contractor shall also be responsible for the damage to the Port’s property or to any third party. Any claims in this regard shall be to the Contractor’s account.

In line with tug tenders of other Major

Port trusts such as Paradip Port, Vizag

Port etc., we request that throughout

the contract period, the tugs shall

enjoy the protection and indemnities

available to the vessels owned by the

KPL provided under bye-laws of the

KPL or otherwise.

Kindly Confirm.

Tender condition prevails.

25

PAGE NO:56 CLAUSE NO: 3.21 SCOPE OF WORK OF CHARTER; 2ND PARA: The Contractor has to pay the revised minimum wages to the

crew engaged by them. The Contractor has to take the

insurance policy covering all type of risks of all employees,

crew and vessel throughout the charter period including Hull

and Machinery Policy.

Port should be indemnified by the contractor to comply with

the Contract Labour Act, Workman Compensation Act and

In line with previous tenders of

Kamarajar Port, we request

modification in the stated Para as

follows:

“Port should be indemnified by the

contractor to comply with the Contract

Labour Act, Workman Compensation

Act and shall follow the ESI and

Provident Fund Rules for their

personnel as applicable.”

Applicable Indian labour laws for crews and shore based employees to be complied.

33

shall follow the ESI and Provident Fund Rules for their

personnel and documentary proof shall be produced to the

Kamarajar Port Limited along with the monthly bill.

The payment of wages to the crew, Provident fund, ESI and

insurance premium can be paid by a sister/ similar firm or a

subsidiary company of the contractor if statutory law permits

it.

Failure to make payment of wages to the crew, Provident Fund,

ESI and insurance premium for covering all types of risks by

the Contractor, Kamarajar Port Limited will make the wage

payment, premium payment, PF, ESI etc., and recover from the

monthly bills payable to the Contractor. In the event of

insufficient funds, Kamarajar Port Limited will be at liberty to

enchase the Performance Guarantee.

Kindly confirm.

26

PAGE NO:59

CHARTER PARTY AGREEMENT:

We request you to create provisions in

the charter party agreement to specify

the name of the tug accepted under

the contract and charter hire rate etc.

which will make the Agreement a self

sufficient document without

requirement of referring to many other

documents. Kindly confirm.

Contract value and tug name may be included in agreement.

27

PAGE NO:85 FORMAT FOR PERFORMANCE SECURITY (BANK GUARANTEE):

We wish to submit that State Bank of

India, as per their policy, has started

incorporating additional clause in the

bank guarantees issued by them.

“Notwithstanding anything to the

contrary contained in any law for the

Yes it can be incorporated in BG as inclusion “Notwithstanding anything

to the contrary contained

in any law for the time

being in force or banking

34

PAGE NO:91 FORMAT FOR BID SECURITY / EMD (BANK GUARANTEE):

time being in force or banking

practice, this guarantee shall not be

assignable or transferable by the

beneficiary. Notice or invocation by

any person such as assignee,

transferee or agent of beneficiary shall

not be attained by the Bank. Any

invocation of guarantee can be made

only by the beneficiary directly”

We trust the same is acceptable to

you.

We wish to inform you that other

Major Ports have accepted such

inclusions.

practice, this guarantee

shall not be assignable or

transferable by the

beneficiary. Notice or

invocation by any person

such as assignee, transferee

or agent of beneficiary shall

not be attained by the

Bank. Any invocation of

guarantee can be made only

by the beneficiary directly”

28

PAGE NO:97 SCHEDULE NO:X TECHNICAL SPECIFICATION OF TUGS: Sl No. 19 – Flow Meter Installed

Sl No. 20 – Flow Meter Calibration done on

We request deletion of these

requirements.

Flow meter and/or fuel gauge shall be fitted.

29

ADDITIONAL CLAUSE

CONSEQUENTIAL DAMAGES:

We request inclusion of the following

clause:

“Neither party shall be liable to the

other for any consequential damages

whatsoever arising out of or in

connection with the performance or

non-performance of this Contract, and

Tender condition prevails.

35

each party shall protect, defend and

indemnify the other from and against

all such claims arising therefrom.”

Kindly confirm.

30

PAGE NO:6 CLAUSE NO:1.4 EARNEST MONEY DEPOSIT:

The tender shall be accompanied by Earnest Money Deposit.

The EMD amount required to be submitted at the above

address (as said above in Clause 1.2) for the RE-TENDER FOR

CHARTERING of the tugs is as mentioned below for respective

bidders basis average charter hire of three tugs :

1.4.2 EMD amount for bidders willing to bid for one (1) 50T BP tug only, is Rs. 64,33,947/-

1.4.3 EMD amount for bidders willing to bid for two (2) 50t BP Tugs only, is Rs. 1,08,67,894/--

1.4.4 Bidders are eligible to participate only based on the EMD amount remitted respectively as per 1.4.2 & 1.4.3.

1.4.5 The EMD shall be paid by Demand Draft payable at Chennai drawn in favour of “KAMARAJAR PORT LIMITED” payable at any Nationalized / Scheduled Bank having its Branch office at Chennai.

We request to accept NSIC/MSME

Certificate Issued by Govt of India,

Ministry Of MSME for Manning. Major

Ports, GMB, NIOT & Other Govt

organizations are accepting the

NSIC/MSME certificate as per the

Govt guidelines in lieu of payment of

EMD for participating in Major

tenders.

Since many Shipping/Manning

companies are exempted from

payment of EMD and NSIC/MSME

certificate is accepted in major tenders

not only to encourage MSMEs but also

to ensure there are more participants..

It is therefore requested to accept valid and relevant MSME/NSIC certificate for this tender.

Exemption for NSIC/MSME will be granted for similar/same job experience.

36

The EMD amount may also be paid by an unconditional and

irrevocable Bank Guarantee encashable and enforceable at

Chennai from any Indian Nationalized / Scheduled Banks in

India shall be given. The Bank Guarantee shall be valid for a

minimum period of 240 days from the date of opening of the

Tender and given in the format of Schedule VII of the tender

Document.

The offers not accompanied by EMD, the Cost of Tender

Document Amount and Acceptance of Integrity Pact will be

summarily rejected.

1.4.6 The EMD of unsuccessful Bidders shall be

returned within 30 days from the issue of Letter of

Award (LOA) to the successful Bidder. The EMD of the

successful Bidder shall be refunded only on receipt of

Performance Guarantee and signing of the Agreement as

stipulated in the tender.

1.4.7 KPL reserves the right to forfeit the EMD in

respect of successful Bidder, if he fails to enter into a contract

and furnish the necessary Bank Guarantee towards

performance within 15 days of issue of Letter of Acceptance

(LOA).

1.4.8 No interest will be payable on the EMD.

31

PAGE NO: 9 CLAUSE NO:1.6.2 JOINT VENTURE: In case of Joint Venture/Consortium, a lead partner/partner-

in-charge shall be identified in the Joint Venture Agreement

In this particular contract Infoship Services Pvt Ltd will do the complete Tug Manning ,Operation & Maintenance from chennai, Required Technical Experience, expertise & Tug will Provide from Consortium member hence Both the parties are Playing

Tender condition prevails.

37

and the lead partner/partner-in-charge of the consortium shall

meet the pre-qualification criteria (Experience, Turnover &

Acceptance of Integrity Pact).

Important role in JV so kindly we request you to allow any one of consortium Member can can act lead Member/ partner-in-charge and submit their offer instead of the lead partner/partner-in-charge of the consortium shall meet the prequalification criteria

32

PAGE NO:19 CLAUSE NO:1.14 PARTNERSHIP FIRM/OR JOINT VENTURE FIRMS/FOREIGN FIRMS:

No foreign firm shall directly participate in the tender. However

foreign firms can participate in a joint venture with any Indian

firm and in such cases copies of the agreements of the joint

venture shall be submitted along with the Tender.

We request you to clarify Indian JV Company can act as a Lead Member or Foreign shipping company will permit to act Lead Member.

Lead partner should be from india is accepted. Rate should be quoted only in indian currency and payment will be made in Indian currency only.

33

PAGE NO: 43 CLAUSE NO: 2.30 DELIVERY PERIOD: The Crafts shall be at KPL latest within 90 days from the issuance of letter of award. in seaworthy and efficient condition and further within a week after availability of tugs at KPL certificates pertaining to completion of trials and tests by IRS or IACS shall be submitted for approval of GM (MS). PAGE NO:22 CLAUSE NO: 1.23.1 COMMENCEMENT OF OPERATION: The Bidder who has been awarded the contract for Chartering of Crafts shall commence operations latest

The Crafts shall be at KPL latest

within 90 days from the issuance of

Letter of Award.

We request a delivery period of

minimum 120 days to allow the bidder

adequate time for completing

purchase process and mobilize it to

your port and converting to Indian

Flag.

Tender condition prevails.

38

within 90days after Letter of award. The crafts should reach port limits in adequate time to comply with Clause 1.23.2.

Any delay in delivery of the Crafts by the owner or builder of the Crafts or transshipment delays or any other reason including force majeure will not be accepted for delay in Commencement of operations. The Crafts offered by the Bidder as per the specification submitted by them in the Schedule-X shall only be deployed for operation if the offer of the Bidder is accepted. However, if within the specified period, the craft for which the offer has been accepted is not ready for deployment for any reason whatsoever the Bidder will be allowed to provide sister/ similar Crafts or substitute Crafts with similar/better specification (in sea worthy and efficient condition and should be in possession of all necessary valid certificates) after obtaining of permission from Kamarajar Port Limited. However, the fuel consumption of the sister/ similar/substitute Crafts at 100% MCR exceeds the fuel oil consumption of offered tugs at 100% MCR, and then the port would recover the cost towards the excess consumption of fuel, as per the formula mentioned in Clause 1.6.15. In case the offered Crafts or sister/ similar Crafts or substitute Crafts with similar/better specification (in sea worthy and efficient condition and all valid documents) is/are not deployed as stated above, the contract is liable to be terminated. The BG towards Performance Guarantee shall be enchased. However, sister/ similar/substitute Crafts deployed by the contractor shall be permitted to operate for a maximum period of 90 days only and arrangement shall be made to deploy the originally offered Crafts within the 90 days failing which, the contract is liable to be terminated. The BG towards Performance Guarantee shall be enchased.

34 PAGE NO:27 Our Tugs which are for harbour Tender condition prevails.

39

CLAUSE NO: 1.33 RESCUE/ SALVAGE OPERATION: Apart from carrying out the duties assigned to the tugs by the

General Manager (MS) under the terms and conditions of the

contract, the tugs may be required for rescue/salvage

operations in case of an emergency. Since the rescue and

salvage to vessels in distress is a mandatory requirement, the

tugs may be required to go beyond the port limits of Kamarajar

Port, for which all assistance, including extra manning;

insurance etc will be provided by the Contractor. Since the

marine casualty is controlled and managed by the DG

Shipping, the tugs may be required to assist in any rescue or

salvage operations as per their directions.

In case of any remuneration or reward earned by the tugs owners on account of rescue/salvage operations, the same shall be shared with Kamarajar Port Limited equally after deduction of any extra cost incurred by the contractor. No Daily hire rate will paid for this period of the salvage operation i.e. from the time the tugs are cast off for the salvage operation to the time the tugs are made fast at finger jetty.

Kamarajar Port will remain the De facto owner of the tugs for the entire period of such operation.

PAGE NO:36 CLAUSE NO: 2.12.1 GUIDELINES TO BIDDER: The Crafts shall be deployed for shipping work in the

Kamarajar Port or to any places at sea for the purpose of

search and rescue of passengers / crew of vessels in distress in

operations cannot do salvage

operations. We however agree to assist

in salvage within natural capacity of

the Tug always within Port Limits.

40

the vicinity. The Crafts shall also be made available for

assisting towage of disabled vessels, salvage operations at the

discretion of the Controlling Officer viz., General Manager (MS)

or the authorized representative of Kamarajar Port Limited. The

Crafts may also be used at neighboring ports without changing

manning pattern of the tugs as prescribed by authority of

Kamarajar Port subject to obtaining No Objection Certificate

from DG Shipping and / or Tamilnadu Maritime board for

movement of Tugs without voyage permission at the discretion

of Kamarajar Port Limited.

35

PAGE NO:7 CLAUSE NO: 1.5.1 EXPERIENCE: Bidder should own the Crafts or if the Crafts is/are not owned

by the Bidder, he should have entered into an Agreement on or

before the last date of submission of the tender with the owner

of the Craft for deploying them at Kamarajar Port Limited for

the duration of the contract period and shall submit the valid

document to prove the same. The Bidder shall also submit full

Technical Specification of the Craft offered along with the

supporting documents, drawing, etc.

The owner and/or those who have entered into Agreement with

the owner of the Craft should have during the last 7 years

ending 31.12.2016 successfully completed chartering/

supplying on hire on wet lease of tugs/offshore

vessels/ships including its manning, operation and

maintenance of vessels or manning and operation of Tugs,

Offshore vessels/ ships or both.

For bidders those willing to Participate and bid to Supply

Considering requirement of Higher

bollard pull tug i.e. 50 Tons @ 90%

MCR in astern direction, we are of the

opinion that the estimated cost for this

tender is very low. Also, with reference

to recently concluded tender like

Paradip and in the prevailing market

conditions, charter hire for a 50 TBP

tug is much higher than the estimated

value.

We request you to please revise this

estimated cost with a more realistic

figure keeping recent tenders in mind.

Tender condition prevails.

41

for only one (1) No 50T Tug:

i) Three similar works each costing not less than Rs. 17,73,57,880/- (amount 40% of the present estimated cost)

OR

ii) Two similar works each costing not less than Rs. 22,16,97,350/- (amount 50% of the present estimated cost)

OR

iii) One similar work costing not less than Rs. 35,47,15,760/- (amount 80% of the present estimated cost)

For bidders those willing to Participate and bid to Supply

for two (2) Nos 50T Tugs:

iv) Three similar works each costing not less than Rs. 35,47,15,760/- (amount 40% of the present estimated cost)

OR

v) Two similar works each costing not less than Rs. 44,33,94,700/- (amount 50% of the present estimated cost)

OR

vi) One similar work costing not less than Rs. 70,94,31,520/- (amount 80% of the present estimated cost)

Similar Works means chartering/ supplying on hire on wet

lease of tugs/offshore vessels/ships including its manning,

42

technical operation and maintenance of vessels or

manning and technical operation of Tugs, Offshore

vessels/ ships or both.

Details of documents to be submitted as per Clause: 1.6.7

36

PAGE NO: 43 CLAUSE NO: 2.27 BOLLARD PULL TEST: A bollard pull test has to be carried out in presence of

classification society surveyor including assessing the

condition, capability and performance of the tugs, before

putting the Tugs on charter. The cost involved in carrying out

the said work shall be borne by the contractor and report of

classification society surveyor to be submitted to the Port.

KPL also reserve the right to carry out Bollard Pull test of the

tugs if warranted at any time during the currency of the

contract. In case bollard pull falls below the required Bollard

Pull of 50 tons for two (2) tugs as the case may be at 90%

MCR, KPL reserves the right to impose the penalty, per day on

pro rata basis, equivalent to 1% of the per day charter rate for

each ton or part ton loss of Bollard pull. However, if, Bollard

pull falls 2T below the required Bollard Pull, KPL reserves the

absolute right to terminate the contract forthwith. All bollard

pull tests during tenure of contract carried out by the

contractor at his cost in KPL harbour. However, the time and

fuel consumed for the test will be to the KPL’s account.

Bollard pull test certificate (issued by IRS/IACS/Builder) to be

uploaded for the technical evaluation purpose. However bollard

pull test as required will be done in the presence of IRS and

Since Bollard Pull Test certificate in

Astern direction is not readily

available and as such tender requires

the contractor to carry out a fresh BP

test at the time of delivery of tugs, we

request that submission of BP test

certificate at the time of bid

submission may please be waived off.

However, Bidder shall submit a

Bollard Pull test certificate in Ahead

direction issued by IACS at the time of

evaluation of technical bid.

Tender conditions prevails.

43

KPL at contractor’s cost in ahead direction for other tugs and

astern directions for ASD/ Similar tugs or as the case may

be.

37

PAGE NO:3

NIT- ESTIMATED COST:

We have noticed change in the

requirement of the Port requiring Tugs

of 50 Tons @ 90% in Astern Direction.

Needless to say this demands Tugs

having much higher capacity than 50

ton bollard pull category. The cost

estimate does not support the revised

requirement and needs to be revised.

Further, this lower budgetary estimate

is not in line with market trend.

Tender condition prevails.

38

PAGE NO: 43 CLAUSE NO: 2.27 BOLLARD PULL TEST: A bollard pull test has to be carried out in presence of

classification society surveyor including assessing the

condition, capability and performance of the tugs, before

putting the Tugs on charter. The cost involved in carrying out

the said work shall be borne by the contractor and report of

classification society surveyor to be submitted to the Port.

KPL also reserve the right to carry out Bollard Pull test of the

tugs if warranted at any time during the currency of the

contract. In case bollard pull falls below the required Bollard

Pull of 50 tons for two (2) tugs as the case may be at 90%

MCR, KPL reserves the right to impose the penalty, per day on

We draw your attention that BP test

certificate issued by Builder can never

be accepted as an authentic BP test

certificate. It must be certified by IACS

member.

Tender condition prevails.

44

pro rata basis, equivalent to 1% of the per day charter rate for

each ton or part ton loss of Bollard pull. However, if, Bollard

pull falls 2T below the required Bollard Pull, KPL reserves the

absolute right to terminate the contract forthwith. All bollard

pull tests during tenure of contract carried out by the

contractor at his cost in KPL harbour. However, the time and

fuel consumed for the test will be to the KPL’s account.

Bollard pull test certificate (issued by IRS/IACS/Builder) to be

uploaded for the technical evaluation purpose. However bollard

pull test as required will be done in the presence of IRS and

KPL at contractor’s cost in ahead direction for other tugs and

astern directions for ASD/ Similar tugs or as the case may

be.

39

PAGE NO:32 CLAUSE NO: 2.4.3 AVAILABILITY: Any planned dry dock and/or otherwise for the crafts can be

done only with prior permission of GM (MS) and also sister/

similar crafts will have to be deployed for the entire period, the

offered tugs are out of service for dry-dock and/or otherwise.

The substitute tug should not be older than the offered tug at

the time of substitution.

If replacement/similar or better specification crafts are

substituted for dry dock period only and has been accepted by

KPL with following deficiencies the penalty mentioned below

will be applicable.

1. Age

We wish to bring to your kind

attention that the requirement of

providing a substitute is stringent and

if we don’t have another tug in our

fleet matching the requirement, almost

difficult to provide since these tugs are

rarely available for short term. We

request that Port should consider a

tug which is operationally meets

the short term requirement.

Tender condition prevails.

45

If the age of the substitute tugs is More than 1 year and less

than 3 years than the offered tug at the time substitution,

For 1st 15 days a penalty of 10% per day of the daily hire rate

shall be levied. From 16 to 30 day a penalty of 15% per day of

daily hire rate shall be levied.

2. FiFi class:- Non compliance with respective FiFi class will

attract penalty as follows:-

Half FiFi – 2 Nos 50 Ton Bollard Pull Tugs

For 1st 15 days a penalty of 3% per day of the daily hire rate

shall be levied. From 16 to 30 day a penalty of 5% per day of

daily hire rate shall be levied.

A maximum period of 30days for Dry docking period will be

provided.

40

PAGE NO:47 CLAUSE NO: 2.38.2 FORE CLOSURE:

The Kamarajar Port Limited has the right to Foreclose the

contract for National Security, National Emergency and in

general public interest and in case of non performance by the

contractor with respect to non compliance of Tender conditions,

operational short falls, variation in declared fuel consumption

etc. The Kamarajar Port Limited will endeavor to issue a

written notice of not less than 3 months of the intended

foreclosure to the Contractor specifying therein reasonable

details, the reasons for foreclosure and expressing readiness to

relieve all undertakings of the Contractor and the Contractor

shall take the Crafts and employ anywhere the contractor

Request that adequate time to be

provided for rectification of non -

performance before 3 months’ notice is

issued. Variation in fuel consumption

has been separately addressed in

Clause 4.1 on page 67 and hence to be

deleted. 15 days rectification period allowed to the contractor to remedy the default.

46

intends to go. Contractor shall continue to work in the notice

period at the same Charter Rate.

41

PAGE NO:35 CLAUSE NO: 2.10 FUEL CONSUMPTION: During the course of chartering, if the fuel consumption of the

Crafts or the replacement Crafts are found above the declared

consumption (originally offered Tugs) per hour at 100% MCR of

Main Engines or at 100% MCR of DG sets, the cost towards

the excess consumption of fuel will be recovered from the

charges payable and cost of fuel will be considered on the

basis of the prevailing market rate of IOC plus overheads, if

any. Tugs shall be provided with calibrated Flow meter in the

fuel line to propulsion engine including the DG sets to monitor

the fuel consumption.

Shore fuel monitoring system will be installed subject to KPL’s

Management approval at KPL cost. The contractor to facilitate

the same.

We are of the opinion that flow meters

on the tugs are not full proof and may

lead to many operational issues such

as difficulty in reconciling actual fuel

consumption figures and therefore

unnecessary disputes. Further,

sometimes due to airlocks, engines

have experienced shut downs which

can be fatal during operations. Tender condition prevails.

42

PAGE NO: 6 CLAUSE NO: 1.4 EARNEST MONEY DEPOSIT (EMD): 1.4.1 The tender shall be accompanied by Earnest Money

Deposit. The EMD amount required to be submitted at the

above address (as said above in Clause 1.2) for the RE-

TENDER FOR CHARTERING of the tugs is as mentioned below

for respective bidders basis average charter hire of three tugs :

1.4.2 EMD amount for bidders willing to bid for one (1) 50T BP tug only, is Rs. 64,33,947/-

Compare to other Government Port tender EMD is very higher side, request your to reduce the EMD amount so that more bidder can participate.

Tender condition prevails.

47

1.4.3 EMD amount for bidders willing to bid for two (2)

50t BP Tugs only, is Rs. 1,08,67,894/--

1.4.4 Bidders are eligible to participate only based on the EMD amount remitted respectively as per 1.4.2 & 1.4.3.

1.4.5 The EMD shall be paid by Demand Draft payable at Chennai drawn in favour of “KAMARAJAR PORT LIMITED” payable at any Nationalized / Scheduled Bank having its Branch office at Chennai.

The EMD amount may also be paid by an unconditional and

irrevocable Bank Guarantee encashable and enforceable at

Chennai from any Indian Nationalized / Scheduled Banks in

India shall be given. The Bank Guarantee shall be valid for a

minimum period of 240 days from the date of opening of the

Tender and given in the format of Schedule VII of the tender

Document.

The offers not accompanied by EMD, the Cost of Tender

Document Amount and Acceptance of Integrity Pact will be

summarily rejected.

1.4.6 The EMD of unsuccessful Bidders shall be

returned within 30 days from the issue of Letter of

Award (LOA) to the successful Bidder. The EMD of the

successful Bidder shall be refunded only on receipt of

Performance Guarantee and signing of the Agreement as

stipulated in the tender.

48

1.4.7 KPL reserves the right to forfeit the EMD in

respect of successful Bidder, if he fails to enter into a contract

and furnish the necessary Bank Guarantee towards

performance within 15 days of issue of Letter of Acceptance

(LOA).

1.4.8 No interest will be payable on the EMD.

43

PAGE NO:7 CLAUSE NO: 1.5.1 EXPERIENCE: Bidder should own the Crafts or if the Crafts is/are not owned

by the Bidder, he should have entered into an Agreement on or

before the last date of submission of the tender with the owner

of the Craft for deploying them at Kamarajar Port Limited for

the duration of the contract period and shall submit the valid

document to prove the same. The Bidder shall also submit full

Technical Specification of the Craft offered along with the

supporting documents, drawing, etc.

The owner and/or those who have entered into Agreement with

the owner of the Craft should have during the last 7 years

ending 31.12.2016 successfully completed chartering/

supplying on hire on wet lease of tugs/offshore

vessels/ships including its manning, operation and

maintenance of vessels or manning and operation of Tugs,

Offshore vessels/ ships or both.

For bidders those willing to Participate and bid to Supply

for only one (1) No 50T Tug:

vii) Three similar works each costing not less than Rs. 17,73,57,880/- (amount 40% of the present estimated

It is suggested that running contracts where in atleast one year has been completed sucessfully should be considered. Unlike civil contracts the charter rates in Marine contract are paid on a daily basis calculation. Each completed day can be construed as sucessful completion of work as per tender norms. Contract award copies to be considered as supporting document of running contracts. Subsidiary Companies within India (as per Indian Laws )within the country should also be considered for completed projects and similar works experience (as per section 1.5.1) as long with relevant documentary evidences as long as the subsiadiary company is also engaged in similar work as per the definition of "similar work" in the KPL tender document.

Experience of having similar On-going works completed more than one year period, during last 7 years ending 31.12.2016 will also be considered for techno-commercial evaluation.

49

cost) OR

viii) Two similar works each costing not less than Rs. 22,16,97,350/- (amount 50% of the present estimated cost)

OR

ix) One similar work costing not less than Rs. 35,47,15,760/- (amount 80% of the present estimated cost)

For bidders those willing to Participate and bid to Supply

for two (2) Nos 50T Tugs:

x) Three similar works each costing not less than Rs. 35,47,15,760/- (amount 40% of the present estimated cost)

OR

xi) Two similar works each costing not less than Rs. 44,33,94,700/- (amount 50% of the present estimated cost)

OR

xii) One similar work costing not less than Rs. 70,94,31,520/- (amount 80% of the present estimated cost)

Similar Works means chartering/ supplying on hire on wet

lease of tugs/offshore vessels/ships including its manning,

technical operation and maintenance of vessels or

manning and technical operation of Tugs, Offshore

50

vessels/ ships or both. Details of documents to be submitted

as per Clause: 1.6.7

44

PAGE NO:11 CLAUSE NO: 1.6.7.11 TECHNICAL SPECIFICATIONS (TECHNO-COMMERCIAL BID): Documentary proof to establish the experience, technical

competency of the Bidder in management and operation of the

Ships /Vessels and other relevant details such as copies of

Work orders/Agreements, Satisfactory completion certificate.

Bidder should submit copies of respective contracts, along with docum entary evidence in respect of satisfactory execution of each of those contracts, in the form of copies of any of the documents (indicating respective contract number and type of services), such as - (i) Satisfactory completion / performance report (OR) (ii) proof of release of Performance Security after completion of the contract (OR) (iii) proof of settlement / release of final payment against the contract (OR) (iv) any other documentary evidence that can substantiate the satisfactory execution of each of the contracts cited above. The above suggestion in line with many of the Government sector tender conditions like in ONGC. Many Organisations (Private Sector & PSU for eg like ONGC) do not issue a work completion certificate upon satisfactorily completing a contract hence proof of release of Performance Security after completion of the contract (OR) proof of settlement / release of final payment against the contract (OR) any other documentary evidence that can substantiate the

Contract extension/ renewal certificate can be considered as completion certificate up to that said period.

51

satisfactory execution of each of the contracts can be produced. We have attached a sample ONGC PQ Criteria on the subject matter herewith. M/S ONGC is also falling under the purview of CVC Guidelines on Tenders. Please find also attached sample proof of charter payments from ONGC.

45 SINGLE TUG OFFER BY SINGLE BIDDER:

KPL should confirm that if in this re- tender (2nd Call) also only one single bidder offers only one single tug will the contract be awarded for single tug. KPL must award the tender should the 2nd Call tender also end up with single tug and single bidder.

Tender condition prevails.

46

PAGE NO:22 CLAUSE NO : 1.23.2 COMMENCEMENT OF OPERATIONS: The successful Bidder for Chartering the Crafts shall arrange

for IRS OR IACS as third party for Survey, inspection and

Bollard Pull tests and trials and submit proof which should

include technical specification as per SCHEDULE-X thereof to

General Manager (MS) latest within a week for acceptance after

tug available at port i.e within 90 days from the issuance of

letter of award. The scope of IRS or IACS third party survey will

be: - IRS OR IACS shall certify that this vessel is complying

with tender conditions and bidder’s submission. The trials

shall be carried out at Kamarajar Port with full manning crew

on board in the presence of KPL Representative. The Bidder

shall ensure that the Crafts are under Class throughout the

Contract period. Charges pertaining to carrying out Bollard

Pull Test will be borne by the Bidder. No vessel related

Bollard Pull Test – All charges towards bollard pull test before going on charter and during charter should be on account of KPL.

Bollards pull tests whenever required by kpl to be carried out by the contractor. During the test the tug will remain on hire and no port related charges including bollard pull test charges shall be levied. However if the contractor fails to achieve the required bollard pull for the respective tug, the above charges shall be levied.

52

charges, berth hire, port dues etc will be charged to crafts for

the period of maximum Three days for conducting the trials,

test and familiarization.

General Manager (MS)/ his representative after scrutiny

of certificates including Classification Society Certificate,

Insurance, OR IACS trial reports and other documents may if

necessary order for further survey / inspection / trials. On

satisfactory conduct of survey / inspection / trials and

confirming the validity of certificates and other documents, the

Crafts will be accepted in writing for operation at Kamarajar

Port.

The crafts shall be on standby after receiving the

acceptance letter and the charter hire will commence from

0600 Hrs from the day of deployment.

The period between actual acceptance and

commencement of operation is to be used to facilitate the tugs

crew to get familiarized with port and to carry out pre

induction surveys.

The Bidder shall take prior permissions for his

requirements like Berthing, bunkering, authorizations for

getting the passes, Gate Passes for bringing materials etc.,

from the Controlling Officer i.e. GM (MS) or his representative.

PAGE NO:42 CLAUSE NO: 2.27 BOLLARD PULL TEST: A bollard pull test has to be carried out in presence of

classification society surveyor including assessing the

53

condition, capability and performance of the tugs, before

putting the Tugs on charter. The cost involved in carrying out

the said work shall be borne by the contractor and report of

classification society surveyor to be submitted to the Port.

KPL also reserve the right to carry out Bollard Pull test of the

tugs if warranted at any time during the currency of the

contract. In case bollard pull falls below the required Bollard

Pull of 50 tons for two (2) tugs as the case may be at 90%

MCR, KPL reserves the right to impose the penalty, per day on

pro rata basis, equivalent to 1% of the per day charter rate for

each ton or part ton loss of Bollard pull. However, if, Bollard

pull falls 2T below the required Bollard Pull, KPL reserves the

absolute right to terminate the contract forthwith. All bollard

pull tests during tenure of contract carried out by the

contractor at his cost in KPL harbour. However, the time and

fuel consumed for the test will be to the KPL’s account.

Bollard pull test certificate (issued by IRS/IACS/Builder) to be

uploaded for the technical evaluation purpose. However

bollard pull test as required will be done in the presence of

IRS and KPL at contractor’s cost in ahead direction for other

tugs and astern directions for ASD/ Similar tugs or as the

case may be.

General Manager (Marine Services) For Kamarajar Port Limited