kamarajar port limited (a miniratna govt of … · (a miniratna govt of india undertaking) marine...
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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
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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.
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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”
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(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
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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
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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.
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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
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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.
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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.
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and uploaded along with techno-commercial bid on or before the last date of submission of tender.
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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.
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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
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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.
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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.
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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.
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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
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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.
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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.
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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
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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.
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issuing 3 months’ notice for
termination.
Request your favorable response on
the above.
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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.
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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
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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.
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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.
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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.
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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.
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‘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
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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
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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.
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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