mumbai port trust marine department … · the port requires two harbour tugs (50 tons bollard pull...

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MUMBAI PORT TRUST

MARINE DEPARTMENT

TENDER NO. :DC-02/ 2016

TENDER FOR HIRE OF TWO HARBOUR TUGS FOR FIVE YEARS AND

EXTENDABLE BY TWO MORE YEARS TO MUMBAI PORT TRUST

___________________________________________________________________________

THE DEPUTY CONSERVATOR’S

OFFICE, 1st FLOOR, PORT BHAVAN

MUMBAI PORT TRUST (H.O.)

S.V. ROAD, MUMBAI-400 001.

Tel. No. (022) 22614345, 66564021

FAX No. (91-22) 22612404

Website: www. mumbaiport.gov.in

http://eprocure.gov.in

Cost of Tender Document: Rs.10,600/- ( including 6% vat)

03 Copies issued to : M/s __________________________________

http://eprocure.gov.in/

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MUMBAI PORT TRUST

TENDER NO. :DC-02/ 2016

TENDER FOR HIRE OF TWO HARBOUR TUGS FOR FIVE YEARS AND

EXTENDABLE BY TWO MORE YEARS TO MUMBAI PORT TRUST

CONTENTS

Sr.

No.

Contents Page Nos.

Section –I

1(a) Tender Notice i to v

1(b). Invitation Of Bids 3 to 5

Section- II

2. Instructions to Tenderers 6 to 17

3. Scope of Work and Specifications 18 to 22

4. Conditions Of Contract 23 to 31

5. Form of Performance Bond (Annexure-I) 32 to 34

6. Form of Agreement (Annexure-II) 35 to 38

7. Form Of Undertaking (Annexure-III) 39 to 40

8. Organization Details (Annexure-IV) 41

9. Details Of Work Undertaken (Annexure-V) 42

10. Technical Specification (Annexure-VI) 43 to 44

12. Joint Venture / Consortium (Annexure-VIII) 47 to 50

13. Bid Security Form (EMD) (Annexure-IX) 51 to 52

14. Agreement (Annexure-X) 53 to 54

15. Schedule of Document (Annexure-XI) 55

16. Schedule of Deviation (Annexure-XII) 56

17. Integrity Pact (Annexure-XIII) 57 to 64

18 (a) Shipping Development Circular 65 to 70

18(b) Instructions for Online Bid Submission (Appendix 1- Format 10) 71 to 74

Section -III

11. Schedule Of Rates (Annexure-VII) 45 to 46

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MUMBAI PORT TRUST

TENDER No. DC-2/2016

TENDER FOR HIRE OF TWO HARBOUR TUGS (50 TONS BOLLARD PULL EACH) FOR

FIVE YEARS AND EXTENDABLE BY TWO MORE YEARS TO

MUMBAI PORT TRUST

INVITATION OF BIDS

1. Mumbai Port Trust (Mb.P.T.) invites, sealed bids under two cover Bidding procedure from

experienced Contractors/Owners of tugs for supply of two harbour Tugs 50 tons Bollard

Pull for five years and extendable on same terms, conditions and hire charges for a further

period upto two years at the option of Mumbai Port Trust.

2. The Port requires two Harbour Tugs (50 tons Bollard Pull each) on hire to supplement its

existing fleet to assist ships especially at OCT and anywhere within the limits of the Port

(Jawahar Dweep, Pir Pau Piers and OCT & otherwise as may be required by Mb.P.T.)

3. The invitation for bids is open to bidders from India and voluntarily formed Joint Ventures

satisfying the following criteria.

(i) They or their manning agent have adequate experience in Pilotage maneuvers

requiring both push and pull towage of different sizes of ships upto 1,50,000 tons

displacement and in various conditions of load.

(ii) They should be owning and operating tugs of adequate capacity, suitable for the

work of ships/vessels movements in MbPT Port Limits, for the contract period and as per

clause no. 30 of tender document.

4. Bidder may obtain further information from the office of the Deputy Conservator, Mumbai

Port Trust, Port House, 1st Floor, Shoorji Vallabhdas Marg, Mumbai - 400 001. Fax (91-

22) 2261 2404, Telephone Nos.: 66564021 / 22614345

5. A complete set of Tender documents may be purchased by any interested eligible applicant

on payment of a non-refundable fee and incidental expenses including postages & VAT

etc. as given below :

Category Price per set of 3 copies including of VAT

Document purchased direct from office

of Dy. Conservator, Mumbai Port Trust

Rs. 10,600 or US $ 300

Document downloaded from website Rs. 10,600 or US $ 300

Conversion rate of US $ will be taken as on the date of post of the document on the

website.

6. The charges for purchase of Tender documents from the Mumbai Port Trust office / or

downloaded from website should be paid prior closing date for sale of tender. Bid will not

be accepted if not accompanied by proof of payment towards purchase of tender set prior

close of sale. Payment to be made in Cash / Demand Draft / Pay Order of any Nationalised

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Indian Bank or Scheduled Bank (except Co-operative Bank ) of its Mumbai Branch, on

any normal working day ( except 2nd and 4th Saturdays ) in the office of the Deputy

Conservator at the address given in para. 4 above, during payment hours i.e. from 1030

hrs. to 1500 hrs (except lunch time between 1330 hrs. and 1400 hrs.)

7. Each set will consist of three (3) copies of tender documents (original, duplicate and spare

copy) but applicants may purchase additional copies on payment, in the manner described

above. Original and duplicate tender document signed on each page to be submitted in the

bid.

8. Subsidiaries of a foreign company may participate, subject to tender conditions. Such

bidders must meet PQ criteria in their name or in the name of their holding company and

must meet other tender conditions. While submitting such offers in their names, they are

requested to furnish all necessary documents / certificates / drawings in respect of their

bids in English language only. The Foreign company / firm / manufacturer / owner of the

tug/s shall produce recognition / certificate from Indian Embassy of that particular country

alongwith Annexure X. All such documents should be duly approved by official translator

of atleast a High Court in India, BIMCO Supply time 2005 Charter Party agreement can

not be accepted. Any substituted tug in lieu of offered tugs shall have also clearance from

D.G. Shipping. Tugs are required to be in operational readiness 24 hours a day for the

contract period. Accordingly, suitable manning of the tug is required to be maintained for

smooth operation within the port limits.

Foreign applicants submitting request for the document by mail will be permitted to

send the non-refundable fee, together with incidental expenses and postage (also non-

refundable ) in the amount and currency indicated above by a Bank Draft drawn in favour

of the Board of Trustees of the Port of Mumbai, and drawn on a nationalized / scheduled

bank in Mumbai. Such request should reach the employer before the closing date fixed for

sale of documents set out in clause 11 (a) hereafter. The documents will be promptly

dispatched by registered Air Mail to the applicant on encashment of the Bank draft but

under no circumstances will Mumbai Port Trust accept any responsibility either for delays

in receipt or encashment of the Bank Draft or any delay experienced by the applicant in

receiving the documents including loss of documents in transit.

Document will also be available on MbPT website & e. portal of Government of India.

Bidders can also download the document against payment. Offers received thus will be

accepted only alongwith the proof of payment made to MbPT.

Foreign applicants to please refer to the Shipping Development Circular No. 2 of 2002

dated 8.11.2002 issued by D.G. Shipping (copy enclosed) including all subsequent

amendment thereon. The provisions of this circular will have to be complied with. Foreign

applicants would be allowed to operate the tugs with Indian crew & Indian Flag only and

subject to obtaining permission from D.G. Shipping for operating the tugs in Mumbai

Harbour. MbPT will not give any assistance for Customs/Immigration formalities, etc.

required to be fulfilled. Cost towards such works will have to be borne by the contractor.

The official website of Mumbai Port Trust is www.mumbaiport.gov.in and e-portal of

Government of India (http://eprocure.gov.in)

http://www.mumbaiport.gov.in/

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9. The tender documents are non-transferable. Applicant must obtain and submit the tender

documents in his own name.

10. Original & duplicate copy of completed tender documents should be returned so as to

reach not later than by 1500 hrs. (Indian Standard Time) on 07.01.2017 at the address

given in clause 4 above.

11. Schedule for sale and submissions of tender documents is as under :

(a) Sale of documents : Commencing from 01.12.2016

upto 05.01.2017

(11:00 a.m. to 01:00 p.m. &

02:00 p.m. to 03:00 p.m.) –

office is closed on

2nd & 4th Saturday & all public holidays)

(b) Pre-bid meeting : On 19.12.2016 at 1100 hrs. in the office of

Deputy Conservator, Mumbai Port Trust

(c) Date, time & Place of : Not later than 1500 hrs on 07.01.2017

receipt of bids, whether ( IST ) in Deputy Conservator’s

sent by mail or by hand. Office at address given in clause 4 above.

(d) Date, time & place of : On 07.01.2017 at 1530 hrs. (IST)

opening of Bids - at the address given in clause. 4 above.

Cover I (EMD) &

Cover II (Tender Document)

12. (i) Late bids received after the stipulated last date and time for receipt of bids due to any

reasons will not be considered.

(ii) Original hard copy of Integrity Pact Agreement (ANNEXURE XIII) shall be submitted

immediately after closing date of the tender failing which tender shall be considered

invalid.

(iii) Since the restructuring process of OCT is in progress, the actual date of requirement of

tugs can not be precisely ascertained. Hence bidders requested to note that actual date of

hiring/or no. of tugs to be hired may vary.

DEPUTY CONSERVATOR

MUMBAI PORT TRUST

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SECTION – II

(page from 6 to 44 & 47 to 74)

TENDER NO. DC-2/2016

TENDER FOR HIRE OF TWO HARBOUR TUGS (50 TONS BOLLARD PULL EACH) FOR FIVE

YEARS AND EXTENDABLE BY TWO MORE YEARS TO

MUMBAI PORT TRUST

INSTRUCTION TO TENDERERS

1. MbPT invites sealed tenders in duplicate from bidders meeting the pre-qualification

criteria and specifications laid down in the “Scope of Work and Specifications” and

superscribed as “TENDER NO. DC-2/2016” for supply of TWO NUMBERS HARBOUR

TUGS on hire of 50 tons Bollard Pull each, for a period of five years and extendable on

same terms, conditions and hire charges for a further period upto two years at the option of

Mumbai Port Trust. The requirement of MbPT is for two tugs each of 50 ton

Steady/sustained Bollard Pull at 100% M.C.R. The bidder is required to bid for two tugs

together as a single unit / block. EMD of 105 Lakhs is collectively for two tugs as a single

block. Financial pre-qualification criteria is for two tugs. The tender is for 5 years,

extendable for further 2 years at the sole discretion of MbPT. However, 120 days notice

will be given for extension of the same.

2. The Tender documents (3 copies) can be obtained from the office of the Deputy

Conservator, Mumbai Port Trust (address as prescribed in clause 4 of Invitation of Bids).

2. Out of the set of 3 copies of the tender documents bought from the office of the Deputy

Conservator, two copies (original & duplicate) are to be submitted duly filled in , signed

and stamped on all pages (Annexure – VII Schedule of Rates superscribed as Cover – II to

be submitted in separate sealed cover) to the Deputy Conservator’s office before the due

date and time for receipt of tender. MbPT may at its discretion extend the date for receipt

of tenders. Tenders received after the aforesaid time and date or the extended time and

date, if any, will be returned unopened to the tenderers. Tenderers can also submit the

completed tender through Courier or Registered Post that the tenders reach the office of the

Deputy Conservator before the last date and time of submission of tender. The bidders are

requested to ensure that all required submissions/documents for comparison of bids are

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submitted alongwith the bid, failing which the bidder may stand disqualified No counter

conditions / suggestions shall be accepted and the bid will be considered non-

responsive.

4. Tender shall be submitted in two covers. Cover – I containing the “Techno-Commercial

Bid” and “EMD” (Earnest Money Deposit ) of Rs. 1,05,00,000/- (Rupees One Crores

Five Lakhs Only). Cover – II containing the “Price Bid” only. All the covers shall be duly

sealed and superscribed and placed in another cover properly sealed. The inner separate

envelops should be marked as, Cover –I(a) - TECHNO COMMERCIAL BID; Cover I(b)

– EMD and Cover II- PRICE BID (as per Annexure-VII Schedule of Rates) The EMD

shall be in the form of Bank Guarantee from Nationalised / Scheduled Bank having its

branch in Mumbai which shall be encashable in its branch at Mumbai . The format of the

bank guarantee shall be in accordance with the sample form for security included in this

Tender Documents (Annexure-IX). The Bank Guarantee shall be valid for 45 days beyond

the validity of the Price Bid and must be forwarded in a separate cover marked as COVER-

I (b): EMD and not in same cover of “TECHNO COMMERCIAL BID”. The EMD to be

drawn in favour of “The Board of Trustees of the Port of Mumbai”. The tenderer shall

also submit a certificate separately from the bank issuing the bank guarantee, that the

signatories of the guarantee are authorized to do so on behalf of the bank. Any bid not

secured in accordance with above may be rejected by the Employer as non-responsive.

5. The complete bid document envelope shall be placed in cloth bag having its end folded and

secured with twine. The knot shall be sealed with sealing wax. This is to safeguard the

documents against tampering.

6. After Technical shortlisting of firms, the EMDs of ineligible bidders will be

discharged/returned immediately through ECS/NEFT/RTGS.

7. No interest shall be paid by the Employer on the EMD.

8. After opening of the price bid, EMDs of bidders other than L1, L2 & L3 will be discharged

/ returned immediately through ECS/NEFT/RTGS. After award of the contract, the EMD

of unsuccessful bidders will be refunded through electronic mode.

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9. The EMD may be forfeited to the Trustees of Mumbai Port Trust and the bid would be

cancelled -

(a) if a bidder withdraws its bid during the period of bid validity specified in the Bid

form, or

(b) in the case of successful bidder, if the bidder fails

(i) to sign the Contract in accordance with or

(ii) to furnish the performance security.

(c) In case fraudulent documents are submitted, the EMD/SD/BG shall be forfeited

10. PERIOD OF VAILIDITY OF BIDS :-

(a) Bids shall remain valid for at least 180 days after the date of opening of Techno

Commercial bids.

(b) Notwithstanding clause No. 10(a) above, the Employer may solicit the bidder’s

consent to an extension of the period of bid validity. The request and the response

thereto shall be made in writing (or by fax). If the bidder agrees to the extension

request, the validity of the bid security shall also be suitably extended. A bidder

granting the request will not be required or permitted to modify his bid.

11. PRE-QUALIFICATION CRITERIA :-

Tenderers must fulfill the following pre-qualification criteria to prove the techno-

commercial competence and submit the documents in support thereof. In case the

original documents are in a language other than English, the same should be

translated and attested by consulate of the country.

(a) POSSESSION OF TUGS:-

(i) Tenderer shall posses at least two tugs of 50 tonne (min.) bollard pull each by

absolute ownership /Disponent ownership/Charter lease. The minimum parameters

required of the tugs should be as per the specifications mentioned in clause 30

(outline specification). The bidder shall submit documents in support of the

suitability as indicated. If the tenderer is in possession of lease or charter of hire of

tugs, then irrevocable lease/charter agreement duly stamped as per Indian Stamp

Act 1958, should be submitted alongwith the offer by tenderer. The age of tugs on

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the last day of the previous month of the tender due date, shall not be more than 10

years.

(ii) Where the bidder does not posses the tug, he should have entered into an agreement

with the owner of the tug for purchasing/leasing of the tug which he intends to

deploy to Mumbai Port Trust for the duration of the contract, as per Annexure (X)

and shall submit valid documents (Notarised) to prove the same. The tenderer has

to submit full particulars of the tugs being offered alongwith supporting

documents/drawings, etc. as per Annexure VI. Bids submitted for tugs under

construction will also be considered

(b) EXPERIENCE:-

Tenderer should have experience of manning/ operation of harbour tugs/ manning/

operation of supply vessels / ship for a minimum period of three years during the last seven

years expiring on the last day of the previous month of the tender due date.

The value of contracts against which the experience is claimed should not be less than

(i) 21.02 crore each for 3 contracts. OR

(i) 26.28 crore each for 2 contracts OR

(ii) 42.04 crore for one contract.

during last 7 years expiring on the last day of the previous month of the tender due date (The

contract value mentioned above is excluding service tax).

The tenderer should produce the successful & satisfactory work execution certificates from

the client / employer in support of experience claimed. (i.e. mentioning of the value of the contract

and period in aggregate during last 7 years expiring on the last day of the previous month of the

tender due date, in the certificate is a must). Also, TDS Certificates issued by the previous

employer / Form 26AS of IT Department shall be submitted.

(i) Experience of Holding Company can be considered for subsidiary company and vice-

versa, if there is a legally binding contract between the parties for the contractual

obligation of this tender. These documents must be submitted along with the bid.

(ii) Similarly experience of manning agency can be considered for the bidder if there is a

legally binding contract between the bidder and the manning agent for the contractual

obligation of this tender. These documents must be submitted along with the bid.

It is further explained that the contracts for which qualifying experience is claimed,

should not be out dated (i.e. not beyond last 7 years expiring on last date of month previous

to one in which tender are invited). The aggregate value of such contract during last 7

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years should not be less than 42.04 crores. The above claim should be supported by

documents mentioning the value of contracts excluding service tax and their date wise

period.

(c) FINANCIAL:-

Average annual turnover of the tenderer for the last three years expiring on 31.03.2016

should not be less than Rs.15.77 Crores (Fifteen Crores Seventy Seven Lakhs) The copies

of Balance Sheet & Profit Loss A/c including annual turnover duly audited and certified

Chartered Accountant for the last 3 financial years should be submitted.

(d) Technical specifications including GA Plan of tug(s) offered for hire should be

submitted alongwith the offer.

(e) Tenderer should also submit :-

(i) Bank Solvency Certificate for Rs.15.77 Crores (Fifteen Crores Seventy Seven Lakhs) from

any Nationalised Bank’s / Scheduled Bank.

(ii) Last years Income Tax Returns/Clearance Certificates and PAN number.

(iii) Details of present technical staff.

(iv) The Agreement, Performance Bank Guarantee are to be in the approved format.

The following documents (attested copies) to be furnished by the tenderer for status of the

firm.

(1) For Proprietary firm :-

Shop & establishment License, Sales Tax License, Income Tax PAN No./ Copy of

Returns, Identification of the Proprietor.

(2) For Partnership Firm :-

Partnership Deed, Income Tax PAN No./ Income Tax Returns, Partners authorisation to

sign the documents (Power of Attorney).

(3) For Pvt. Ltd / Public Ltd. Co. :-

Article/Memorandum of Association Certification of Incorporation, PAN No., Resolution

of Co. to authorise Person to enter the Agreement or Power of Attorney. Tenderer should

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submit the details of contracts (at 11 (b) above) executed in accordance with Annexure –

V, with copy of the agreement / work orders, etc., in support of the contracts, having been

executed.

(4) In case of Joint Venture, the experience & the financial criteria should be jointly fulfilled.

The joint venture should furnish MOU. A irrevocable affidavit of holding company to be

furnished on suitable non-judicial stamp paper duly notarized, giving undertaking for

jointly and severally owning responsibility towards contractual obligations through out the

contract period.

i) In case of Joint Venture / Consortium / subsidiary company / holding company they shall

together satisfy the minimum qualification criteria. The members of the consortium who

claim experience and financial turnover shall have at least 26 % equity in the consortium.

The maximum number of members in the consortium/joint venture shall not be more than

three.

ii) The eligibility and technical requirements are given in Annexure-VIII.

12. Tenderers to note that the guidelines issued by the Directorate General of Shipping from

time to time would be applicable. Shipping Development Circular No. 2 of 2002 dated 8th

November, 2002 or any circular superseding it, is required to be complied with during the

contract period.

13. Cover - I

The first cover (COVER-I) shall have two envelopes marked as “Cover No. I –(a) Techno-

Commercial-Bid” & “Cover No. I (b) – EMD” and sealed separately and enclosed in

COVER-I.

A) “Cover No. 1 (a) – Techno-Commercial Bid ”:

It shall contain the following documents and information –

(a) Proof of having ownership of Tugs. If the tugs are leased/chartered, the lease/ charter

agreement alongwith the proof of ownership documents of the tugs to be submitted by the

tenderer. Tenderer shall posses atleast two tug/s of 50 tonne bollard pull by absolute

ownership / Disponent ownership / Charter lease. The minimum requirement of tugs

should be as per the specifications mentioned in clause 30 (outline specification ) The

bidder shall submit documents in support of the suitability as indicated. If the tenderer is

in possession of lease or charter of hire of tugs, then irrevocable lease/charter agreement

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duly stamped as per Indian Stamp Act 1958, should be submitted alongwith the offer by

tenderer. The same should be notorised.

(b) Details of experience and past performance of the tenderer in manning/ operation of

harbour tug/s OSV’s/ships either by tenderer or his duly appointed manning agent, for a

minimum period of three years during the past seven years and details of current works in

hand and other contractual commitments.

(c) Experience in operation of harbour tugs / supply vessels / ship during past three years.

(Tenderers should submit the above details of executed contracts in Annexure – V with

copy of the Agreement / Work Orders etc., in support of the contract).

(d) Report on the financial standing of the Tenderer including average annual turnover for the

last three years, (not less than Rs.15.77 crores). The financial turnover with regard to the

above should be accompanied with the audited financial statements for the last three

financial years, certified by a chartered accountant.

(e) The tenderers should submit Income Tax Clearance Certificate for the last three year and

indicate his PAN number.

(f) The details of present technical staff which should include one 1st Class MOT

Engineer and one Tug Master.

(g) Technical Specifications (Annexure-VI), drawings and other information pertaining to the

tug/s being offered on hire of MbPT to be submitted alongwith the tender.

(h) To assist in the examination, evaluation and comparison of tenders, MbPT may ask

tenderers, individually for clarification / information of their tender.

(i) Power of Attorney duly notorised.

B) “Cover No. 1(b) – EMD”:

It shall contain Earnest Money Deposit. A Bank Guarantee for Rs. 105 Lakhs/- (Rupees

One Hundred Five Lakhs Only) from any Nationalised Indian Bank or Scheduled Bank

except Co-operative Bank of its branch in Mumbai, drawn in favour of “The Board of

Trustees of the Port of Mumbai” (as detailed in clause 4 Instruction to tenderers)

encashable at Mumbai. A certificate from the issuing bank that the person/persons signing

the Bank Guarantee are duly authorized to sign on behalf of the bank shall also be

submitted.

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14. Cover-II : The second Cover properly sealed and clearly marked as “COVER NO. II”

shall contain the “PRICE BID” as per the details contained in Annexure-VII of the

Tender Document and shall be duly complete. Incomplete bid shall be rejected.

(a) The tenderers are directed to strictly comply with the directions while submitting the

Tender. All pages of the Tender Document shall be duly signed, serially numbered,

indexed and stamped by the tenderer. The tenderer should submit the Power of Attorney

duly notarized in the name of the person authorised to make the signature on the tender

document and to enter into the contract on behalf of the firm.

(b) Over-writing in the proforma in the (Schedule of Rates) Annexure-VII of the Tender

Document is not permitted. Interpolations, alterations, deletions or additions, if any, shall

be duly authenticated by the signature (s) of the tenderer. The signature shall be of the

same person who has signed the Tender Form and in whose named the Tender stands

issued / purchased.

(c) The tenderer should fill and sign Form of Undertaking (Annexure-III).

(d) The tenderer shall not offer or submit any counter conditions. Any counter offer shall

disqualify the Tenderer forthwith.

15. The tenderer should note the following conditions carefully :

(a) The tenderer should quote his offer only in Cover No. II and should be as per the proforma

attached with the Tender Document (Annexure VII), and to ensure that all the Covers are

properly sealed separately.

(b) The tenderer should not indicate his basic cost offer anywhere directly or indirectly in

“Cover No. I”. Any such offer or indication shall disqualify the Tenderer forthwith.

(c) The three sealed covers i.e., (i) Cover I(a) – Techno-Commercial-Bid, (ii) Cover I(b)- EMD

& Cover II- Price Bid shall again be put together in one common i.e. III rd cover and

sealed. This sealed cover should further be placed in a cloth bag secured with twine and

sealing wax and addressed to the Deputy Conservator, Mumbai Port Trust and shall be

superscribed as “TENDER NO. DC-2/2016 for hire of two nos tugs (50 Tons Bollard Pull

each) for a period of five years & extendable on same terms & conditions and hire charges

for a further period upto two years at the option of Mumbai Port Trust”

(d) Evaluation and Comparison:

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(i) Only those tenders as have been determined to be responsive to the requirements of the

Tender Documents will be evaluated. Other non-responsive tenders will be rejected.

MbPT’s decision on this shall be final, conclusive and binding.

(ii) Price bids of those tenders, who have techno-commercially qualified will be opened and

daily charter rate for evaluation will be calculated as per the following for two tugs. Each

tug will be evaluated as under:

1. Charter hire rate per day for one tug (excluding service tax) = X

2. Fuel consumption for 6 hrs. @ 100% MCR (for all main engines) x

25% Loading Factor= Y ltrs. for one tug.

3. Fuel consumption for 1 No. DG set engine for 7 hrs. running @ 100% MCR x

50% Loading factor=Z ltrs. for one tug.

(The bidder must submit the engine manufacturer certificate and or authentic technical data

sheet for power and fuel consumption @100% MCR for Main Engines & DG set engine,

with the technical bid.)

Daily rate = X+(Y+Z)C for one tug

Where C=Cost of fuel oil/liter inclusive of vat & delivery charges on the date of opening

of the techno-commercial bid of the tender. For the purpose of evaluation of bids, the fuel

price as on the last date of submission of bids shall be taken as the amount per liter of LS-

HF-HSD payable by Mb.P.T. to IOC/BPCL (which includes all applicable taxes, levies,

indicated in the invoice/offer of IOC/BPCL). Mb.P.T. will consider 06 hrs of running of all

main engines per day & 07 hrs. running of one DG set per day only for evaluation purpose

for each tug.

4. Conversion of g/kw-hr into liters/hr will be as per the relation

(SFOC) x (kw)

(Sp.Gr.) x (1000)

Where SFOC-Specific Fuel Oil Consumption in gm./kw-hr,kw-kilowatt, Sp.Gr.-Specific

Gravity, Specific Gravity will be taken @ Sp.Gr.=0.8253 g/ml, 1BHP = 746 W.

(iii) Shipping Development Circular-2-2002 dated 08.11.2002 of Director General of Shipping

or any other circulars superseding this, shall be applicable for the evaluation of the tender.

(iv) Determination of L1 as per above will be worked out and decided for both the tugs. The

successful contractor will be decided considering the lowest rate so arrived as per formula

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for both the tugs together. If the offer of two bidders are at par with each other, the

successful contractor will be decided on consideration of his weightage.

16. OPENING OF THE TENDERS :

(a) Techno Commercial Bid and the EMD, i.e. Cover No. I will be opened on

07.01.2017at 1530 hrs in the presence of tenderers who may wish to be present.

(b) The Cover No. II i.e. the price bid, Schedule of Rates (Annexure VII) shall be

opened on the date so fixed by the Dy. Conservator, Mumbai Port Trust. The Cover

No. II will be opened only of those tenderers who will qualify in the Techno-

Commercial Bid.

(c) Conditional Tender will be rejected outright considering it as “Non-responsive

offer”.

(d) The request for clarification and the response shall be in writing, or by fax or by

person, but no change in price or substance of the Tender shall be sought, offered

or permitted.

17. The tender shall remain valid and open for acceptance for a period of 180 days from the

last date fixed for opening of techno commercial bids. The Charterer reserves the right to

extend the period of validity for a specific time. The request and response thereto shall be

made in writing or fax. The tenderers will have an option to refuse the request without

forfeiting their tender security. However, in the event of the Tenderer agreeing to the

request, they will not be permitted to modify the tender.

18. In the event of the tenderer withdrawing his offer before the expiry of 180 days from the

date of opening of techno commercial bid, his offer shall be cancelled and the amount of

EMD shall be forfeited. The decision of the Charterer shall be final in this regard. The

EMD of unsuccessful tenderers will be discharged / returned immediately. The EMD of

the successful tenderer will be discharged upon the tenderer executing the Contract

Agreement and furnishing the required Bank Guaranties as per Conditions of Contract. The

EMD in respect of successful tenderer may be forfeited, if he fails to enter into a contract

and do not furnish the necessary Bank Guarantee within 30 days from the date of issue of

letter of Acceptance. No interest will be payable by the Charterer on the Earnest Money

Deposit.

16

19. The tenderer shall quote the price payable as hire charges per day, as per Annexure-VII,

only in Indian Rupees. No other Currency, except stated above, would be accepted. Any

offer received in any other currency will be termed as Non Responsive and will not be

considered for further evaluation and will be rejected.

20. The tenderer if submitted on behalf of a partnership firm should be signed by all the

partners or by the partner duly authorised for this purpose.

21. At any time prior to the last date for submission of tenders, the MbPT may for any reason

whatsoever, change or modify the tender documents by addendum / corrigendum. The

addendum / corrigendum so carried out will be placed on the website. All the prospective

tenderers who have purchased tender documents are requested to visit the website

regularly in their own interest. The amendment so carried out will form part of the tender

and shall be binding upon the Tenderers. The Charterer may at their discretion extend the

last date for

submission of tenders to enable the tenderers reasonable time to submit the tender after

taking into consideration such addendum / corrigendum.

22. Tender shall be signed and submitted only by that Firm /Corporation / Joint Venture /

Company in whose name the tender documents are purchased. All pages of the tender shall

be signed, numbered and indexed and bound properly. The tenderer shall submit complete

tender and shall be without alterations, interlineations or erasures except those to accord

that instruction issued by the Charterer or as may be necessary to correct errors made by

tenderers. All such cancellation, alterations or amendments shall be initialed by person/s

signing the tender. If any discrepancies are found in figures and words while reading, the

rates quoted in words shall supersede the figures.

23. WITHDRAWAL OF TENDER :

The tenderer may modify or withdraw his tender after submission provided the

notice of modification or withdrawal is received in writing by the Charterer prior to the last

date, or such extended time if any, for submission of tender. No tenderer will be permitted

to withdraw his tender after the last date for submission of the tender or such extended

time as the case may be. In the event of the tenderer modifying / withdrawing his tender

after the last date of submission or such extended time as the case may be, the tender shall

17

be cancelled and the amount payable under tender security shall become forthwith payable

to the Charterer and the decision of the Charterer shall be final in that regard.

24. All costs, charges and expenses including stamp duty in connection with the contract as

well as preparation and completion of agreement by the tenderer’s attorneys shall be borne

and payable by the tenderer.

25. LATE TENDER :

Any tender received by the Charterer after the date and time prescribed for submission

will not be considered for evaluation and shall be treated as an invalid offer.

26. Tender Documents shall be duly signed and stamped, numbered and indexed on all pages

by the tenderer. Unsigned tender documents shall be summarily rejected. Only complete

offers received prior to the closing time and date of tender will be considered as valid.

27. MbPT’S RIGHT TO ACCEPT OR REJECT ANY TENDER :

The MbPT reserves the right to reject or accept any or all offers without assigning any

reason. The Charterer is also within its rights to negotiate with any Tenderer for the early

implementation of the award of contract.

18


SCOPE OF WORK AND SPECIFICATIONS

28. REQUIREMENTS

(a) The Port requires two tugs of 50 tons Bollard Pull each to supplement its existing fleet, to

assist ships especially at OCT and anywhere within the limits of the Port (Jawahar

Dweep, Pir Pau Pier and OCT & otherwise as may be required by MbPT). If required to

operate in an emergency in the high seas beyond port limits, necessary permission from

Mercantile Marine Department would be obtained by Mb.P.T. However it is required that

the craft will be registered, maintained and manned under Merchant Shipping Act.

It is clarified that extra expenses, if any, incurred by the bidder due to a change in the

manning scale of the offered tugs on account of deployment under exigencies, shall be paid

by MbPT on production of documentary evidence.

(b) Pilotage manoeuvering require both push and pull towage and ships are expected (but

not restricted) to range in size from 2000 tons to 150000 tons displacement and to be in

various conditions of load. Tug will provide suitable towing line/s to be given to the vessel

and affect pulling / pushing without any hindrance also tug should be able to give Bollard

Pull 50 Tons with such towing line.

(c) The tug/s will be on 24 hour duty.

(d) The tug/s will comply with all lawful instructions from the Deputy Conservator of the Port

or any other Officer duly authorised by him

29 SCOPE OF WORK :

(a) The contract involves supply of two harbour tugs of 50 tons Bollard Pull each as per broad

specifications listed hereafter with full crew, adequate in number for operations outlined

above in clause 28 (a), with all provisions and all stores including lubricants. Only fuel,

fresh water and shore power shall be on MbPT account.

(b) All operational costs including wages, allowances, victualing, insurance (personal, hull and

protection and indemnity) will be bidder’s account.

19

(c) A credit of 12 days in advance for each tug will be given once only at the time of

commencement of contract. Repairs, survey and other requirements to keep the tug/s

operational will be to bidder’s account and during any absence of the tug/s from duty or

inability of tug/s to perform for these or any other reasons, will result in loss of hire for the

period at pro rata basis. In the event of inability to perform for a period of two days and

above, a replacement tug shall be provided. Absence from duty resulting from instructions

of the Deputy Conservator or his representative shall not require such replacement.

(d) The contract will commence and terminate at Mumbai Port.

(e) Security of the tug/s, its appurtenances and crew will be the owner’s responsibility.

(f) On the date of commencement of the contract, the tug/s shall be staunch, strong and

water-tight and shall have completed all the necessary surveys.

(g) The tug/s liable to light and buoyage dues, will be exempted for charges payable to the

Port during the period of hire.

(h) A joint survey will be carried out at Mumbai Port before the tug/s are accepted for service

in the Port and on termination of the contract to determine its condition. On hire / Off hire

survey to be carried out in presence of third party, at the cost of tenderer.

(i) Mumbai Port Trust will not be responsible for any damage suffered by the tug/s due failure

of the tug/s or errors of the tug Master and crew.

(j) Any damages suffered whilst assisting ship should be brought to the notice of the Deputy

Conservator within 24 hours of occurrence in order to claim reimbursement for the repairs

from the concerned ship. The incidence should be immediately brought to the notice of the

Pilot so that he may bring it to the notice of the master. It is to be noted that any damage

suffered by the hired tugs while assisting shipping operations /Berthing and Unberthing

Operations, Mb.P.T. is not liable to pay any compensation to the firm.

(k) Any damage caused to Mumbai Port Trust property by the tugs is to be repaired

immediately. It may be repaired by the tug company to the satisfaction of the engineer,

otherwise the charges will be deducted from the hire charges if Mb.P.T. carries out the

repairs.

20

30. OUTLINE SPECIFICATION :

Suitability will be assessed and evaluated to the site conditions (Copy of approved GA

Plans to be enclosed).

Overall length - 30 to 37 meters

Breadth (moulded) - 8 to 12 meters

Draft not to exceed - 4.88 m

Bollard Pull - 50 tons (min.) Ahead

(Static Bollard Pull @ 100% MCR in the latest certificate issued by a

Classification ahead direction) Society approved by DG Shipping to be

enclosed . The BP test certificate shall not be more than 03 years old)

Propulsion and Steering - Voith or SRP or any other suitable

Equivalent SRP format suitable for tractor tugs.

Speed - 10 knots (min.)

(Speed trial report signed by DG Shipping approved Classification

Society surveyor to be submitted).

Towing Arrangement - Winch of 50 Tons SWL on Bow/stern

suitable for push / pull together with arrangements

for securing lines. Tug will need provide suitable

towing line to be given to the vessel and affect

pulling/pushing without any hindrance. Also tugs

should be able to give Bollard Pull 50 Tons with

such towing line.

Communication - 2 Nos. VHF (1 with DSC abd

Inmarsat mini –M). International Haque plan

frequencies and SSB.

Year of construction - Reference date for the age will be reckoned from

the date of issue of VRC (initial) (copy to

be enclosed)

Class - Any international classification Society

Approved by D.G. Shipping (proof to be enclosed).

Manning - As per Merchant shipping Act 1958.

21

Experience - The tug/s and its crew should have had prior

employment in Harbour sailing duties/ Similar

operational duties for atleast 1 year.

Towing Lines - Suitable for Pilotage manoeuvers described

in clause 28(a) & (b). All towing line will be in

unfrayed condition with SWL of 50 tons.

All lines to be supplied by the Contractor and should

be from tested ropes / Wires (test certificated to be on

board)

Fendering - Either Bow or Aft fendering as per industry

practices/requirements.

* Approved G A Plans to be submitted alongwith the bid

31.

A) Period of Hire :

Initial contract will be for five years and extendable on same terms, conditions and hire

charges for a further period upto two years at the option of Mumbai Port Trust. The

contract may further be extended on completion of seven years on monthly basis on the

same terms and conditions and hire charges. A 60 days notice will be given by Mb.P.T.

before the expiry of extension for two years.

B) Evaluation of Price Bid :

Evaluation and determination of the lowest bid will be as per clause No. 15 (d) of

Instruction to Tenderers.

32. A) TERMINATION OF CONTRACT :

22

(a) The Charterer reserves the right to terminate the contract as mentioned in clause 51 of the

Conditions of Contract. If the contractor fails to provide the tug/s beyond 30 days once the

contract has commenced and tug/s are not in operation, clause 51 of the Conditions of

Contract shall apply.

(b) The Charterer also reserves the right to terminate the contract by giving 30 days notice in

writing by fax to the Contractor.

These clauses to be read with Clause No. 29(c), Scope of Work, wherein it is clearly

mentioned that a replacement tug shall be provided.

B) EXIT CLAUSE :

The Contract may be foreclosed by either parties by serving six months notice with no

liability on either side and without assigning any reason hereof.

33. DATE OF COMMENCEMENT :

The tug/s are to report at Mumbai Port within 180 days after award of contract or any

designated date as specified in the award by way of letter of intent.

34. a) APPOINTMENT OF AGENTS :

The successful tenderer must appoint local agents in Mumbai through whom the Authority

can deal. Address of local agents may please be furnished in the bid document.

b) SUPPLY OF FUEL & ELECRICITY

LS-HF-HSD fuel, Fresh Water and Shore power shall be on Mb.P.T. account

Contractor should maintain the log sheets for consumption of fuel on daily basis.

Expenses towards all other required stores and consumables shall be borne by contractor.

23


CONDITIONS OF CONTRACT

35. DEFINITIONS AND INTERPOLATIONS :

In the contract (as hereinafter) defined the following words and expressions shall the

meaning hereby assigned to them except where the context otherwise requires.

(a) “Charterer” means Board of Trustees of Mumbai Port Trust, a body corporate under the

Major Port Trust Act, 1963, by notification No. GSR 427(E) dated 28.05.1982 issued by

the Government of India, acting through its Chairman, Dy. Chairman or Deputy

Conservator or any other Officers so nominated by the Board.

b) “Contractors” means the person or persons, firms, corporation, joint ventures or company

whose tender has been accepted by the Charterer and includes the Contractor’s servants,

agents and workmen, personal representatives, successors and permitted assigns.

(c) “Contract” means and includes Tender document, which includes Instruction to Tenderers,

Conditions of Contract, Agreement, Letter of Acceptance, Bank Guarantee in respect of

satisfactory performance of contract etc. any addendum/corrigendum thereto.

(d ) “Contract Price” means the sum named in the letter of acceptance subject to such additions

thereto or deductions there from as may be made under the provisions hereinafter

contained.

“Approved/Approval” means the approval in writing.

36. LOCAL LAWS :

(a) The contractor shall comply with Indian Merchant Shipping Act and any other legislation

related to operation of a tugs in Indian territorial waters and if of foreign registry, shall

obtain coasting licence and permission to operate from the Director General of Shipping

for operating the tugs in Port of Mumbai.

(b) The contract shall be interpreted and have effect in accordance with the Law of India and

no suit or other proceeding relating to this contract shall be filed or taken up by the

Contractor in any Court of Law except in Mumbai

24

(c) In case of a foreign flag vessels, customs duty or any other taxes or duties leviable to be

included in the contract price.

37. INDEMNITY :

The contractor shall take out necessary insurance to indemnify this Port against all claims

arising out of the operation of tug/s while on hire to the Port.

38. PAYMENT :

The Tenderer should opt for ECS/RTGS/NEFT payment, if the tenderer is located in

Mumbai. The Tenderer located outside Mumbai and anywhere in India may opt for

payment through National Electronic Clearing System (NECS) provided that the

concerned branch of bank is core banking enabled and MICR code starts with number

other than zero.

Payment shall be made at the end of each calendar month after a certificate of satisfactory

service has been obtained from the Deputy Conservator. Tenderers shall indicate any other

payment required by them and submission of daily deck and engine log books of the Tug.

For this purpose, the contractor shall maintain daily deck and engine log books, the format

of which should be submitted for approval of the Charterer prior to the commencement of

contract. The bill shall be submitted in duplicate along with the said certificate & a

separate mention of the Service Tax amount included in each bill by the contractor.

Payment shall be made within 15 working days from the date of submission of bill clear in

all respect. The contractor is allowed to bill service tax on the monthly hire charges

mentioned as in Annexure VII. Such service tax amount shall be reimbursed alongwith the

running A/c bill on production of relevant document proof. The incremental amount of

service tax due to increase in the existing rate of tax and any new Tax, Duties etc.

applicable as per new legislation for the services provided under the contract, shall be paid

to the contractor on production of its proof of payment. Only undisputed amount will be

paid by the Charterer.

39. The Contractor shall have to pay the wages to the crew as per Shipping practices and

Shipping Laws or Laws of the State, as applicable.

25

40. The Contractor shall carry out the works strictly in accordance with the contract to the

satisfaction of the Deputy Conservator and shall comply with and adhere strictly to his

instructions and direction on any matter (whether mentioned in the contract or not.)

LIQUIDATED DAMAGES

41. The tug/s shall be delivered within 180 days from the date of issue of Letter of Acceptance

in sea worthy and efficient condition and should be in possession of all necessary

certificates.

42. If the Contractor fails to deliver the tug/s in all respects within 180 days from the date of

issue of Letter of Acceptance, liquidated damages at the rate of Rs. 50,000/- per day, per tug

or pro rata will be levied on the Contractor for a further period of 45 days. If the Tug/s are

not delivered for operation within 225 days from the date of issue of Letter of Acceptance,

the contract will be liable for cancellation and EMD/Bank Guarantee forfeited after 225

days (180+45) from the date of issue of Letter of Acceptance. However, MbPT reserve the

absolute right for further extension of time for supply of tugs subject to payment of L.D. of

50,000/- per day per tug by the contractor.

Replacement with similar/better tug is allowed during the tenure of the contract

(ClauseNo.29(c). In case tenderer is not in a position to deploy the original offered tug

within specified delivery period, the tenderer will be allowed to provide substitute tug with

similar/better specifications (in seaworthy and efficient condition and should be in

possession of all necessary valid certificates). The tenderer shall submit details/documents of

the substitute tug (as per Annexure-VI) atleast 30 days in advance of the scheduled delivery

date. MbPT reserves the right to accept or reject the substitute tug. Similar tug means tug

meeting the basic tender requirements and having the same bollard pull, same fuel

consumption and same propulsion system. Better tug means tug meeting the basic tender

requirements and having same or more bollard pull for same or less fuel consumption for

any of the acceptable propulsion system.

26

43. The Contractor shall obtain necessary clearance, as required from the Director General of

Shipping, Ministry of Surface Transport, etc., for deploying the tug/s for service in the Port,

before the tug/s is/are put into service.

44. BOLLARD PULL :

(a) The designed static Bollard Pull of the offers tugs should not be less than 50 Tones (Ahead).

The test to this effect shall be carried out by the contractor, at his cost and time, through a

DG approved Classification Society and shall be witnessed by MbPT, within a period of

three months after receipt of the letter of intent from MbPT. The steady/sustained Bollard

Pull of the Tug/s at 100% MCR should not be less than 50 Tones(min) at the time of

deployment. The contractor shall provide Bollard Pull test certificate, issued by any

Classification Society recognised by DG Shipping every year thereafter, at his cost. A 12

hours period will be granted for the tests for the Bollard Pull Test every year, in case there is

no operational exigencies. All such tests shall be carried out at tenderer’s cost and witnessed

by MbPT officials along with DG Shipping approved Classification Society Surveyors.

(c) Bollard Pull as declared by the Contractor will be the Bollard Pull of the Tug/s being

offered to the Port for the entire period of the contract. This Bollard Pull will have to be

maintained during the currency of the contract.

(d) Port reserves the right to carry out Bollard Pull Test of the Tug/s at its discretion at any time

during the currency of contract at the bidders cost. In case Bollard Pull falls below50Tons,

Port reserves the right to impose the penalty, per day or part thereof on pro rata basis,

equivalent to 4% of the per day hire rate for each ton or part ton loss of Bollard Pull.

However, if Bollard Pull falls below 45 ton Port reserves the absolute right to terminate the

contract forthwith.

(e) In addition to the Bollard Pull test every year, the contractor is bound to carryout BP test in

the event any major repairs and replacement work is attended to Main Engines, Gear Box,

Propellers i.e. any major machinery, which may have effect on BP capacity of the tugs.

Then, in such an event the DC may ask the contractor to carry out BP test in order to ensure

the operational efficiency of the tugs. The BP test shall be witnesses by the MbPT officials

of Marine Department along with DG Shipping approved Classification Society. The cost

of such test shall be borne by the contractor.

27

45. ARBITRATION:

(a) “All disputes between the parties shall be referred to the award of three (3) Arbitrators, one

(1) each appointed by the Contractor and the Port and the 3rd Preceding Arbitrator

appointed by the two Arbitrators appointed by the parties”. In the event of the Arbitrators

not agreeing, the award of majority would prevail. The award of this Arbitral Tribunal

shall be final and binding on all parties to the contract and all procedures towards

Arbitration would be in accordance with the Arbitration and Conciliation Act 1996.

(b) The work under the contract shall, however, continue during the arbitration proceedings and

no payment due or payable to the Contractor shall be withheld on account of such

proceedings.

The arbitrators shall be deemed to have entered on the reference on the dates they issue

notice to both the parties fixing the date of their first hearing. The venue of arbitration shall

be Mumbai, India. The fees, if any, of the Arbitrators /Umpire, if required to be paid before

the award in respect of disputes is made and published, shall be paid half by each of the

parties. Employer shall pay his portion of the fees in Indian Rupees only.

46. INCOME TAX :

(a) The Contractor, both Foreign and Indian shall pay Indian income Tax on all payments made

to him under the Contract. The Indian Income Tax will be recovered from the Contractor at

source, at the appropriate rate as per relevant provisions of the Indian Income Tax Act as

modified from time to time. The Contractor, both Foreign and Indian, shall himself pay the

balance Income Tax due.

(b) Any expatriate staff or site staff not normally resident in India employed by the Contractor

shall pay personal income tax on all money earned and paid in India.

(c) The contractor liable to make payments for any other statutory deduction imposed by

Government time to time.

47. INSPECTION :

Charterer shall have the right to require the tug/s to be dry-docked if Contractor is

28

not docking tug/s at normal classification/statutory intervals. The fees for such dry

dock/inspection and survey shall be borne by the Contractor. All time taken in respect of

dry docking inspection, survey or repairs shall not count as time on hire shall not form part

of the hire period and clause 51 & 52 of the Conditions of Contract shall apply. Successful

bidder will have to provide bollard pull test certificate for the tugs every year to the Deputy

Conservator’s Office at his own cost.

48. INSURANCE:

(a) During the hire period the tug/s shall be kept insured by Contractors at their expenses for

insurance on Hull & Machinery as per Institute Time Clause- Hull dated 01.10.1983 with

3/4th Collision Liability amended to 4/4th Collision Liability with ITC-Port Risk extension

dated 20.07.1987 with war risk. Contractors and/or insurers shall not have any right of

recovery or subrogation right against charters on account of loss of and/or any damage to

the tug/s or her machinery or appurtenances covered by such insurance or on account of

payment made to discharge claims against or liabilities of tug/s or Charterers covered by

such insurance.

(b) During the hire period the tug/s shall be kept insured by the Contractors at their expenses

against protection and indemnity risks in such form as Charterers shall in writing approve

which approval shall not be unreasonably withheld. If the Contractor fails to arrange and

keep any of the insurances provided for under the provisions of sub-clause (b) in the

manner described therein, Charterers shall notify Contractors whereupon Contractors shall

rectify the position within seven running days.

(c) In the event of any act or negligence on the part of the contractor, which may vitiate any

claim, whatsoever in nature, the contractor shall fully indemnify the charterers against all

claims and demands, which could otherwise be covered by such insurance.

The contractor shall submit a copy of insurance policy to MbPT.

49.

(a) The Master to execute charterer’s instructions with the utmost dispatch and to render

customary assistance with the tug’s crew. The Master to be under the order of the charterer

as regards employment, agency or other arrangements. The contractors to indemnify the

charterer against all consequences or liabilities arising from the Master, Officers or Agents

for their unlawful actions as well as from any irregularity in the tug’s papers.

29

(b) If the Charterer has reasons to be dissatisfied with the conduct or efficiency of the Master,

Officer or Crew the Contractor on receiving particulars of the complaint, promptly

investigate the matter and if necessary make a change in appointment. However the

Charterer shall have the right to demand the changes of any Master or other crew which

demand shall not be unreasonable.

50. The Charterer or its representative will give the Master all instructions in English and the

Master and Engineer to keep full and correct logs in English, accessible to the Charterer.

51. PENALTY:

(a) If the tug/s is/are inoperative and /or unavailable and Charterer is denied use of the tugs,

penalty will be levied from the time and date of such inoperation / unavailability as

follows, in addition to non-payment of hire charges from the time and date of such non-

availability / inoperation

upto 14 days ----- 15% of hire charges per day

from 15 to 21 days ----- 30% of hire charges per day.

From 22 to 30 days ----- 50% of hire charges per day.

In case of non-deployment of tug/s beyond 30 days, the contract shall be liable for

termination at the discretion of the Charterer and the PBG may be forfeited (clause 55 of

the Conditions of Contract).

(b) If the tug/s are required to be dry docked as required by Class (LRS/IRS/any other

classification Society), or for any other reason whatsoever, the Contractor will be

permitted to dry dock the tug/s to maintain her Class with the prior approval of Deputy

Conservator. However the Dry Docking Charges will be borne by the Contractor but no

hire charges will be paid for that period and penalty will be levied as per clause 51(a)

above, if applicable.

(c) MbPT reserve the right to forfeit/encash the performance Guarantee deposit in the event

of non-deployment / unavailability of tugs beyond 30 days and also a penalty to be

imposed (given in percentage) for per tug/per day basis.

52. Contractors shall bear all expenses for mobilization and de-mobilization of tugs.

30

53. DOWNTIME:

The Contractor shall be allowed a compensable downtime of one day per month during the

currency of the contract for upkeep of the tug/s. However, the contractor must take prior

permission of the Deputy Conservator, Mb.P.T., before laying up the Tug/s to carry out

any maintenances work (i.e. work /repairs includes dry docking / hull inspection and

survey). The contractor can accumulate a maximum downtime upto 12 days during the

currency of contract to carry out any work /repairs. Any downtime not availed will lapse if

exceeds 12 days at any time during the contract period. A credit of (12) days will be given

once only at the commencement of contract [clause 29 ( c ) ]

54. Contractor shall be liable for pollution damage and the cost of clean up which has occurred

due to Contractor’s and / or the Contractor’s personnel by willful, wanton, international,

acts or omission or gross negligence which cause or allow the discharge, spills or leaks of

any pollutants from any source whatsoever.

55. PERFORMANCE GUARANTEE

(a) The Contractor shall furnish to the Charterer, within 30 days from the date of issue of

Letter of Acceptance, for hiring the tug/s, an irrevocable and unconditional Bank

Guarantee (Annexure-I) from a Nationalized Bank / Scheduled Bank except Co-operative

Bank from its Mumbai Branch, for a sum equivalent to 10% of the contract value

computed for a period of five years charter.

(b) The cost of Bank Guarantee to be so entered into, excluding the charges of the Trustee’s

Chief Law Officer & Advocate for approval thereof, shall be borne by the Contractor.

56. AGREEMENT:

The tenderer whose tender is accepted will be required to enter and to execute an

agreement in the form set out as ANNEXURE – II of the tender documents, within the

period of 30 days after receiving the letter of Acceptance.

57. FORCE MAJEURE

Neither party shall be liable for any loss, damage or delay due to any of the following force

majeure events and/or conditions to the extent the party invoking force majeure is

prevented or hindered from performing any or all of their obligations under the charter

31

party, provided they have made all reasonable efforts to avoid, minimize or prevent the

effect of such events or stroke or conditions:

(a) Acts of God.

(b) Any Government requisition, control, intervention, requirement or interference.

(c) Any circumstances arising out of war threatened act of war or war like operation, act of

terrorism, sabotage or piracy or consequences thereof.

(d) Riots, civil commotion, blockaded or embargoes.

(e) Epidemics.

(f) Earthquakes, landslides, flood or other extra ordinary weather condition.

(g) Strikes, lockouts or other industrial action, unless limited to the employee of the party

seeking to invoke force majeure.

(h) Fire, accident, explosion except where caused negligence of the party seeking to invoke

force majeure.

(i) Any other similar cause beyond reasonable control of either party.

The party seeking to invoke force majeure shall notify the other party in writing within two

working days of the occurrence of any such event/condition.

32

ANNEXURE-I

TENDER NO. DC – 2/2016

TENDER FOR HIRE OF TWO HARBOUR TUGS (50 TON BOLLARD PULL EACH)FOR FIVE

YEARS AND EXTENDABLE BY TWO MORE YEARS TO MUMBAI PORT TRUST

FORM OF PERFORMANCE BOND

In consideration of the Board of Trustees of Port of Mumbai incorporated by the Major

Port Trusts Act, 1963 as amended by the Major Port Trusts (Amendment) Act, 1974 (hereinafter

called “The Board” which expression shall unless excluded by or repugnant to the context or

meaning thereof be deemed to include the said Board of Trustees of the Port of Mumbai, its

successor and assigns) having agreed to exempt (mention the name of the

Contractor/s)_______________________________________ (hereinafter called the “Contractor”)

from the demand under the terms and conditions of the Contract, vide ________________’s letter

No. (mention the name of the Department) ___________________________ dated ___________

made between the Contractors and

the Board for execution of “Tender for Hire of TWO HARBOUR TUGS for five years and

extendable on same terms and conditions and hire charges for a further period upto two years at

the option of Mumbai Port Trust” covered under Tender No. _________ dated __________

(hereinafter called “the said Contract”) for the payment of

Security Deposit in cash or lodgment of Government Promissory Loan Notes for the due

fulfillment by the said Contractor of the terms and conditions of the Contract, on production of a

Bank Guarantee for Rs. __________ (In words Rs.__________________

____________ only. We, the (Name of the Bank and address) _____________________

________________________________________________________________________

(hereinafter referred to as “the Bank”) at the request of the Contractors do hereby undertake to pay

to the Board an amount not exceeding Rs. _____________ (Rupees

____________________________) only, against any loss or damage caused to or suffered or

which would be caused to or suffered by the Board by reason of any breach by the Contractors of

any of the terms and conditions of the said Contract.

33

(BANK SEAL)

2. We, (Name of the Bank & Branch) _____________________________________

__________ do hereby undertake to pay the amounts due and payable under this guarantee

without any demure merely on a demand from the Board stating that the amount claimed is due by

way of loss or damage caused to or which would be caused to or suffered by the Board by reason

of any breach by the Contractors of any of the terms and condition of the said Contract or by

reason of any breach by the Contractors of any of the terms and conditions of the said Contract or

by reason of the Contractor’s failure to perform the said Contract. Any such demand made on the

Bank shall be conclusive as regards the amount due and payable by the Bank under this

Guarantee. However, our liability under this Guarantee shall be restricted to any amount not

exceeding Rs. ______

(Rupees _________________________________)


_____________, undertake to pay to the Board any money so demanded notwithstanding

any dispute or disputes raised by the Contractor(S) in any suit or proceeding pending before any

court or Tribunal relating thereto, out liability under this present being absolute and unequivocal.

The payment so made by us under this bond shall be a valid discharge of our liability for payment

there under and the Contractor(s) shall have no claim against us for making such payment.


______________ further agrees with the Board that the guarantee herein contained shall remain in

full force and effect during the period that would be taken for the performance of the said Contract

and that it shall continue to be enforceable till all the dues of the Board under or by virtue of the

said Contract have been fully paid and its claim satisfied or discharged or till the (Name of the

User Department) __________________________

_______________ of said Board certifies that the terms and conditions of the Contract have been

fully and properly carried out by the said Contractor(s) and accordingly discharge this guarantee.

PROVIDED HOWEVER that the Bank shall at the request of the Board but at the cost of the

Contractor(s), renew or extend this guarantee for such further period or periods as the Board may

require from time to time.

(BANK SEAL)

5. We (Name of the Bank & Branch ) _____________________________________

34

_____________ further agree with the Board that the Board shall have the full liberty without our

consent and without affecting it any manner our obligations hereunder to vary any of the terms

and conditions of the said Contract or to extend the time of performance by the said Contract or to

extend the time of performance by the said Contractors from time to time or to postpone for any

time or from time to time any of the powers exercisable by the Board against the said

Contractor(s) and to forebear or enforce any of the terms and conditions relating to the said

Contract and we shall not be relived form out liability by reason of any such variations or

extension being granted to the Contractor(s) or for any forbearance, act or omission on the part of

the Board or any indulgence shown by the Board to the Contractor(s) or by any such matter or

thing whatsoever which under the law relating to sureties would, but for this provision, have effect

of so relieving us.

6. This guarantee will not be discharged due to the change in the constitution of the Bank or

the contractor(s).

7. It is also hereby agreed that the Courts in Greater Mumbai would have exclusive

jurisdiction in respect of claims if any, under this guarantee.

8. We, _____________________________ Bank lastly undertake not to revoke this

guarantee during its currency except with the previous consent of the Board in writing.

9. “Notwithstanding anything contained herein:

(a) our liability under this Bank Guarantee shall not exceed Rs. _________________

(Rupees _______________________________________ only );

(b) this Bank Guarantee shall be valid upto _____________ ; and

(c) We are liable to pay the guarantee amount or any part thereof under this

Bank Guarantee only and only if you serve upon us written claim or demand on or before

_________________ (date of expiry of Guarantee)

Dated ______________ day of ____________ 2017.

For (Name of the Bank )

(BANK SEAL) (Name)

Signature

35

ANNEXURE - II




FORM OF AGREEMENT

THIS AGREEMENT made at Mumbai the _____________ day of ____________ between

THE BOARD OF TRUSTEES OF THE PORT OF MUMBAI incorporated by Major Port Trusts

Act,1963 as amended by Major Port Trusts (Amendment) Act, 1974 (hereinafter called “The

Board” which expression shall unless excluded by or repugnant to the context or meaning thereof

be deemed to include the Board of Trustees of the Port of Mumbai its successor and assigns) of

the one part and _________________________

________________________________________________________________________

all of Mumbai carrying on business in partnership in the firm name and style of

_______________________________________________ having registered with Income Tax

Department of Government of India No. ___________________ and having their/his office at its

office at _________________________________________ a company registered under the

Indian Companies Act, 1956 and having registered office at _______________________

(hereinafter called the “Contractors” which expression shall unless excluded by or repugnant to

the context or meaning thereof be deemed to include the persons names his survivors of them, the

heirs executors, legal representatives and administrators and administrators of such last survivor

and their/his or her and permitted assigns/then company named its successors and permitted

assigns) of the OTHER PART.

WHEREAS the Board invites tenders for the work of __________________ AND

WHERSAS the Contractors submitted his/their/its quotations by his/their/its tender dated

____________ which tender was subject to the terms and conditions as contained in his/their/its

letter referred to in the Schedule ‘A’ hereto respectively and which tender subject to the terms

and conditions was accepted by the Board by the letter of its

(Designation of the HOD) _______________________ bearing No. _________________ dated

__________ in respect of __________________________________________ only (part of the

Schedule of Quantities and Rates to the said Tender) * AND WHEREAS the Contractors have/has

deposited with the Board a sum of Rs. __________ (Rupees______

36

______________________________________ ) only as security for the due performance of this

contract * AND WHEREAS Contractors _________________________________ ____________

(Here please mention the name of Bank and Branch) Mumbai, has given Bank Guarantee for Rs.

____________ (Rupees _______________________________) only towards further security for

the due performance of this contract by the Contractors.

NOW THIS AGREEMENT WITNESS AS FOLLOWS:

1. In this agreement the words and expression shall have the same meaning as are

respectively assigned to them in the conditions of contract hereinafter referred to.

2. The following documents shall be deemed to form and be read and construed as part of this

Agreement, viz.

a) The said tender

b) Instructions to the Tenderers including addendum to tenderers.

c) The General Conditions, including the special conditions of contract.

d) The General Specifications for road and drains/superstructures and allied works

including the addendum to the specifications.

e) The Drawing No. __________________________

f) The Schedule of Quantities and Rates and other Schedules

g) The Schedule of Prices

h) The Contractors and the _____________________________ letters

(mention the Designation of HOD)

referred to in the Schedule ‘A’ hereto, and

i) The acceptance of the Tender by the said letter dated the _______ day of

_____________ 2017 from the (mention the Designation of

HOD)___________________________ of the Board to the Contractors.

* Please strike out which is not required

3. In consideration of the payment to be made by the Board to the Contractors as herein after

mentioned the Contractors DO and each of them DOTH severally and jointly HEREBY

CONVENANT with the Board to carry out and complete within stipulated period (time being the

essence of this contract) the work of “The Hire of Two Harbour Tug/s 50 Tons Bollard Pull each

for five years and extendable by two more years to Mumbai Port Trust”/ together with certain

spares as mentioned in the Schedule ‘B’ hereto/and all other ancillary work/as described in the

37

drawings, in accordance with the specifications and in conformity in all respects with the

provisions of the Contract and to maintain/guarantee the same as provided in the conditions of the

Contract/specifications (hereinafter collectively called “The Contract Work”).

4. The BOARD HEREBY COVENANT to pay to the Contractors in consideration of the

contractors carrying out and completing within the stipulated period (time being of the essence of

this contract) the contract work to the entire satisfaction of the (mention the Designation of HOD)

_________________________ of the Board in all respects the contract price /* (after taking into

account the rebates of ________ % offered by the contractor ) at the time and in the manner

prescribed by the Contract.

IN WITNESS WHEREOF the Contractor have/has hereunto subscribed and set his/their

respective hands and seals ________________________________________ the duly constituted

Attorney of and for on the behalf of the Contractor hath been hereto affixed and the Dy.

Conservator of the Board of Trustees of the Port of Mumbai for and on behalf of the Board has set

his hand and the Common seal of the Board hath been hereunto affixed the day and year first

above written.

* Strike out if there is not rebate.

38

THE SCHEDULE ‘A’ ABOVE REFERRED TO

(The Schedule of letters)

(Here please mention Contractor’s and Mb.P.T. letters)

THE SCHEDULE ‘A’ ABOVE REFERRED TO

(The Schedule of spares to be supplied by the Contractors)

SIGNED,SEALED AND DELIVERED ) Constituted Attorney

by the above named ________________ )

________________________________ )

in presence of ____________________ )

OR

SIGNED,SEALED AND DELIVERED )

by the above named ________________ )

________________________________ )

on behalf of themselves and for and on )

behalf of ________________________ )

in presence of ____________________ ) Signature of Contractors

OR

The common seal of affixed pursuant to a )

resolution of the Board of Directors dated )

the ___________ of ________ 2017 in ) Director

presence of _______________________ )

and _____________________________ )

two of the Directors of the said company. ) Director

SIGNED,SEALED AND DELIVERED

by the Dy. Conservator for and on behalf of )

Board of Trustees of Port of Mumbai in )

the presence of ____________________ ) DY. CONSERVATOR

_________________________________ )

The Common Seal of the Board of Trustees

of the Port of Mumbai was affixed in the

Presence of _________________________

___________________________________

Secretary, Mumbai Port Trust.

SECRETARY

39

ON Rs. 200/- STAMP PAPER

ANNEXURE - III

TENDER NO. DC –2/2016

TENDER FOR HIRE OF TWO HARBOUR TUGS (50 TON BOLLARD PULL EACH)FOR FIVE YEARS

AND EXTENDABLE BY TWO MORE YEARS TO MUMBAI PORT TRUST

TENDERER’S UNDERTAKING

1. We, the ________________________________ the undersigned having read and clearly

understood the instructions to tenderers, conditions of contract to the tender documents

hereby offer to supply two harbour tugs of 50 tons Bollard Pull each as specified in the

schedules, against which the hire rates have been inserted to the extent which the Board of

Trustees may determine in accepting this tender. We hereby agree, subject to the

conditions of contract, to enter into a formal agreement with the Board.

2. We undertake to supply the said tug/s as described in the technical specification within 180

days after signing of the contract. We shall supply the tugs as mention in Annexure-VI of

the tender document only. If we are unable to supply the tugs mentioned in Annexure-VI,

the EMD deposited by us shall stand forfeited by the Board. The Board will be at liberty to

encash the performance Bank Guarantee submitted by us. The Board also may initiate

legal action against us as deemed fit.

3. If our tender is accepted, we undertake within 30 (thirty) days of the Letter of Intent of the

tender, to deposit with the Board, a Bank Guarantee encashable at Mumbai Branch, issued

by a Scheduled Bank registered in India with office in Mumbai for a sum of 10% (ten

percent) of the value of the contract (as per clause 55 of the conditions of contract) to be

held by the Board as security for the due performance of our obligation under the contract.

This guarantee shall be valid until 6 (six) months after the expiry of the contract.

4. Until and unless a formal Contract Agreement is prepared and executed, this TENDER

NO. DC-2/2016 together with your written acceptance thereof, shall constitute a binding

contract between us and the Board. We understand that the Board is not bound to accept

the lowest of any tender that Board may receive.

40

5. The undersigned confirm, after personal scrutiny, that the documents and drawings used in

compiling this tender are true copies of the documents.

6. The bidder undersigned confirms that they have not made any payment or illegal

gratification to any person / authority connected with the bid process so as to influence the

bid process and have not committed any offence under the PC Act in connection with the

bid. The bidder shall disclose any payments made or proposed to be made to any

intermediaries (agents etc.) in connection with the bid, if any.

7. The undersigned further declares the status of the Company whose share holders are as

follows:

Name of the Director Percentage of Shares

--------------------------------- ------------------------------------

--------------------------------- ------------------------------------

--------------------------------- ------------------------------------

Signature of the tenderer

------------------------------------

Dated : _ _ _ _ _ _ _ _ _ _ _ _ Name and Address

------------------------------------

------------------------------------

Witness to

Signature of the Tenderer

------------------------------------

------------------------------------

Dated : _ _ _ _ _ _ _ _ _ _ _ _ Name and Address

------------------------------------

41

ANNEXURE - IV

TENDER NO. DC– 2/2016



ORGANISATION DETAILS

________________________________________________________________________

SL.

No. Name & Address of Officers & Directors Post

________________________________________________________________________

42

ANNEXURE - V




DETAILS OF WORK UNDERTAKEN IN THE PAST

________________________________________________________________________

Type Contract Name & Name & Address Contract Date of

of Number Address of persons who is Price start &

Work of responsible to the Rs. completion

employer contract of the

contract

________________________________________________________________________

________________________________________________________________________

(To be filled alongwith Annexure III on stamp of Rs. 200/- & legal paper)

43

ANNEXURE - VI


TECHNICAL SPECIFICATION

(TUG NAME)

1. Gross Tonage :

2. Net Tonnage :

3. Static Bollard pull (min.) :

In the ahead Direction at 100% MCR (please attach

certificate from a classification society approved by

DG Shipping)

4. Year of Build : (copy of VRC, initial VRC if any & Builders certificate

to be attached.

:

5. L.O.A. :

6. Beam :

7. Depth :

8. Draft :

9. Main Propulsion Engine (Details) :

10. Propulsion and steering (Details) :

11. Flag / Nationality :

12. Auxiliaries :

13. Speed :

14. Fuel Capacity (max.) : _ _ _ _ _ _ _ _ K.L.

15. Fresh Water capacity (max.) : _ _ _ _ _ _ _ _ K.L.

16. Towing arrangement :

17. Communication :

18. Navigation Equipment (Marine Radar, Echo

Sounder, Search Light)

19. Manning (As per requirement of statutory authority):

44

20. Towing lines (Suitable for towing, All towing lines :

will be unfrayed condition with adequate strength.

All towing lines to be supplied by Contractor and

should be tested and certified)

21. Specific Fuel consumption of ME & AE : gms/kw-hr (Engine manufacturer certificate to be attached)

22. a)Fuel consumption at (for Port & Stbd engines)

100 % MCR : Lts/hour

80% MCR : Lts/hour

50% MCR : Lts/hour

b) Fuel consumption at (for DG set engines) : Lts/hour

100 % MCR (Engine manufacturer

Certificate to be attached)

23. Lube oil consumption : Lts/hour

24. Fresh Water consumption : Lts/hour

25. Classification of Society :

26. a) Main Engine

i) Power in KW 100% MCR :

ii) RPM :

(Engine manufacturer certificate to be attached)

b) DG set engine

i) Power in KW at 100% MCR :

ii) RPM :

(Engine manufacturer certificate to be attached)

(SEAL) SIGNATURE OF TENDERER

----------------------------------------

AUTHORISED SIGNATORY

45

SECTION – III

(page No. 45 & 46)

PRICE BID (COVER –II)

(To be uploaded separately)

ANNEXURE - VII

TENDER NO. DC–2/2016



SCHEDULE OF RATES

1. Prices as per contract and specifications including duties and other costs for contract of

two harbour tugs of 50 tons bollard pull each for a period of five years and extendable

upto two years at the option of Mumbai Port Trust (fuel, fresh water & shore power on

MbPT account)

A) Hire charges for one tug

(i) Hire charges per day for 1st tug Rs. ____________

(ii) Hire charges per day for 2nd tug Rs. ------------------ Including all

B) Total hire charges for two tugs taxes, levies

(i) Hire charges per day for two tug Rs. ____________ duties etc.

[A(i+ii)] but excluding

(ii) Hire charges for five years to two tugs Rs. ____________ service tax

[B(i) x 5yrs. x 365days]

C) Service Tax on contract price shall be reimbursed by MbPT at the rate prescribed by the

Government from time to time.

2. Lowest bid will be decided as per clause No. 15(d) of ITT i.e. on the basis of fuel

consumption as per engine manufacturer’s certificate / data sheet for fuel consumption.

1st Tug 2nd Tug

Fuel consumption at 100 % MCR -------- ---------- Ltrs/hrs

(Main Engines)

Fuel consumption at 100 % MCR -------- ---------- Ltrs/hrs

(DG set engine)

46

3. DELIVERY PERIOD :

The tug/s shall be delivered within (180 days) after award of the contract i.e. from the date of

letter of acceptance, in a fully operational state acceptable to the Deputy Conservator.

4. CONDITIONS

(a) The quotation stated above shall remain valid for a period of 180 days from the

date of opening the Techno Commercial Bid.

(b) Only prices quoted in this schedule shall be considered. The prices shall be firm

and not subject to any form of escalation.

Name of tenderer _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _

Company _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _

Full Address _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _

_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _

_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _

Signed by for and

on behalf of company _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _

Name and Designation _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _

_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _

47

ANNEXURE – VIII

TENDER NO. DC– 2/2016



MUMBAI PORT TRUST

1. If the applicant is a joint venture or consortium of two or more firms, the members shall

submit a Memorandum of understanding entered into between themselves for participating

in qualification along with the percentage share holding, rates and responsibility of each

member of joint venture/consortium.

2. Financial Details (of each party in case of joint venture/consortium) in the format

prescribed along with the authority from the applicant/partner in the charge of joint venture

/ consortium for the Employer to seek reference from the bidder's bankers shall be

submitted.

3. The details of experience and past performance of the applicant (of each of the party to a

joint venture / consortium) on works of similar nature within the past 7 years including the

details of current order book position and other contract commitments in the prescribed

format.

4. The bidder shall submit the power of Attorney, incharge or authorizing signatory of the

application or one member of the joint venture / consortium as lead member in the

prescribed format.

5. The bidder shall designate one of the partner as partner in charge (lead member) through

whom any correspondence between the applicant and the employer shall be channeled.

6. Each form shall submit only one Bid in response to this qualification. Multiple Bids

through subsidiaries shall not be entertained.

7. Each firm can participate only in one joint venture / consortium. In case of firms name

appears in more than one consortium / joint venture, then both the bids may be rejected.

48

JOINT VENTURE / CONSORTIUM

If the Company intends to enter into a Joint Venture for the project, please give the

following information, otherwise state “NOT Applicable” :

1. Name and addresses of Joint Venture/ Consortium Partners with proposed participation

and responsibility in the joint venture

2. Name of Company leading the Joint Venue /Consortium :

3. Name and addresses of Bankers to the Joint Venture/consortium :

49

POWER OF ATTORNEY

Dated --------------

TO WHOMSOEVER IT MAY CONCERN

Mr. -------------------------------------------------------- (Name of the Person(s), domiciled at

-----------------------------------------------------------------------------------------------(Address),

acting as ------------------------------------------- (Designation and name of company), and whose

signature is attested below, is hereby appointed as the Lead Member and authorized on behalf of --

---------------------------------------------------------- (Name of the applicant) to provide information

and respond to enquiries etc as may be required by the Engineers or Employer for the project of ---

------------------------------------------- (Project title ) ------------------------------------------- and is

hereby further authorized to sign and file relevant documents in respect of the above.

(Attested Signature of Mr. ---------------------------------)

For -------------------------------------

(Name & designation of the member of joint venture/consortium)

* Individual power of attorney for signing the joint venture /Consortium shall be

submitted in the above format separately by each applicant.

50

POWER OF ATTORNEY

(IN CASE OF JOINT VENTURE/CONSORTIUM )

Know all men by these presents that we -----------------------------------,----------------------- -

----------------------------,-----------------------------------------and-----------------------

(herein after collectively referred to as “ Joint Venture /Consortium”) hereby appoint and authorise

---------------------------------------------------- Ltd. as our Attorney.

Whereas the Board of Trustees of Port of Mumbai (hereinafter referred to as “the Port Trust”)

have invited application from interested parties for the above work of tender

DC-2/2016.

Whereas the members of the Joint Venture /Consortium are interested in bidding for the

entire work in accordance with the conditions of the contract and other related documents.

And whereas, it is necessary under the document for the members of the Joint Venture /

Consortium to a point and authorise one of them to do all acts, deeds and things in connection with

the aforesaid works.

We hereby nominate and authorise ---------------------------------------------as our constituted

attorney from the lead member of the consortium in our name and on our behalf to do or execute

all or any of the acts / things in connection with making an application to the Mumbai Port Trust,

to follow up with the Port Trust and thereafter to do all acts, deeds and things related to the

execution of work on our behalf.

And we hereby agree that all the acts, deeds and things done by our said attorney shall be

construed as acts, deeds and things done by us and we undertake to ratify and conform all and

whatsoever that my said attorney shall do or cause to be done for us by virtue of the power hereby

given.

In the witness hereof we have signed this deed on this the ---------------- day of -------------

for and on behalf ------------------------------------------------------

for and on behalf ------------------------------------------------------

for and on behalf ------------------------------------------------------

for and on behalf ------------------------------------------------------

51




BID SECURITY FORM (EMD AS APPENDED TO BID FORM)

WHEREAS _________________(Name of Tenderer) (hereinafter called “the Tenderer submitted

its tender dated (date) for the construction of (Name of Contract) (hereinafter called “the Tender”).

KNOW ALL MEN by these presents that we (Name of Bank), having our registered office at

_____________________(hereinafter called “the Bank”) are bound up to MUMBAI PORT

TRUST (hereinafter called “the Employer”), in the sum of

Rs._______________(Rupees__________________________________ only) for which payment

well and truly to be made to the said Employer the bank bind itself, its successors and assigns by

these presents.

Sealed with the Common Seal of the said Bank this ____________ day of ______2017.

THE CONDITIONS of this obligation are:

a. If the Tenderer withdraws his Tender during the period of Tender Validity

specified in the Tender; or

b. If the Tenderer having been notified of the acceptance of his Tender by the Employer

during the period of Tender Validity;

i) fails or refuse to execute the Agreement, if required,

ii) fails or refuses to furnish the performance Security in accordance with the Instructions

to Tenderers.

We undertake to pay to the Employer upto the above amount upon receipt of his first

written demand, without the Employer having to substantiate his demand provided that in

his demand the Employer will note that the amount claimed by him is due to him owing to

the occurrence of one or both of two conditions, specifying the occurred condition or

conditions.

52

This guarantee will remain in force upto and including the date upto ________ (It shall

valid upto Forty Five (45) days after the date of expiry of the period tender validity), and

any demand in respect thereof should reach the Bank not later than the date of expiry of

this guarantee.

SIGNATURE OF BANK _________________________________

SIGNATURE OF WITNESS _________________________________

NAME OF WITNESS _________________________________

ADDRESS OF WITNESS _________________________________

53

ANNEXURE-X

[ Only for clause no. 11(a)(ii)]

(in addition to Annexure III On Rs. 100/- stamp paper duly notarised)

(strike out whichever not applicable)

AGREEMENT

This Agreement made at Mumbai the ___________ day of _________2017 between M/s,

__________________________a company registered under companies Act 1956 / a partnership

firm / propriety firm (hereinafter called “The First Party” which expression shall unless excluded

by or repugnant to the context or meaning thereof be deemed to include the company, its

successors and assigns / the proprietor, the heirs and legal representatives of the proprietor, its

successors and assigns and be deemed to include the persons named their/the survivor or survivors

of them, the heirs executors, legal representatives and administrators and permitted assigns) And

having registered with the Income Tax Department of the Government of India vide PAN No.

_________ and having their/his office at _______________of the ONE PART AND

M/s. __________________________ a company registered under companies Act 1956 / a

partnership firm / propriety firm (hereinafter called “The Second Party” which expression shall

unless excluded by or repugnant to the context or meaning thereof be deemed to include the

company, its successors and assigns / the proprietor, the heirs and legal representatives of the

proprietor, its successors and assigns and be deemed to include the persons named their/the

survivor or survivors of them, the heir executors, legal representatives and administrators and

permitted assigns) and having registered with the Income Tax Department of the Government of

India vide PAN No. ____________ and having their/his office at _______________

___________________________of the OTHER PART;

WHERAS the First Party is the owner/ despondent owner / Builder of the said Tug

________&____________ and possesses ship registry certificate of the same and having complete

control over the said Tug.

The Second Party have approached the First Party for hiring / purchasing/ building of the

said Tug ______&_______ and has also given to understand that the said tugs are required for the

tender invited by THE BOARD OF TRUSTEES OF PORT OF MUMBAI BEARING NO.DC-

2/2016 alongwith the addendum for hire of 02 Nos. Harbour Tugs for 5 years on terms and

conditions contained in the said Tender.

The First Party have agreed to give on hire / sell / build the said tugs to The Second Party

on the agreed terms and conditions between themselves within the stipulated period of time as

indicated in the Tender invited by THE BOARD OF TRUSTEES OF PORT OF MUMBAI

Bearing Tender No. DC.-2/2016 alongwith the addendum. The First party undertake to supply the

said Tugs ______&_________ immediately to second party on his request for the said tender. We

both the parties undertake that we shall not revoke or withdraw the said tugs once offered to THE

BOARD OF TRUSTEES OF PORT OF MUMBAI for its tender work. We also undertake to

abide by the terms and conditions of this agreement. This agreement is an irrevocable one until the

contract is completed.

54

SIGNED, SEALED AND DELIVERED by

The above named __________________

On behalf of themselves and for and on

behalf of _________________________

_________________________________

In the presence of __________________ Signature of the First Party

SIGNED, SEALED AND DELIVERED by

The above named ___________________

On behalf of themselves and for and on

behalf of __________________________

__________________________________

In the presence of ____________________ Signature of the Second Party

(strike out whichever not applicable)

55

ANNEXURE -XI




SCHEDULE – VIII

SCHEDULE OF DOCUMENT

We certify that all relevant documents for qualifying in the tender, have been duly attested,

notarized and are enclosed, secured and indexed properly.

TENDERER.S SIGNATURE


Name.__________________

Company Seal. ___________

56

ANNEXURE -XII




SCHEDULE- IX

SCHEDULE OF DEVIATION

We hereby certify that there are no deviations / suggestion etc. in the bid documents

inserted by us. Employer can reject the offer, if it is found that there are counter conditions /

suggestions / deviations from the tender conditions prescribed in the bid document.

TENDERER.S SIGNATURE


Name.__________________

Company Seal. ___________

57

ANNEXURE - XIII

INTEGRITY PACT BETWEEN

MUMBAI PORT TRUST (MbPT) hereinafter referred to as "The Principal"

AND

(Name of The bidders and consortium members)...........................hereinafter referred to as

"The Bidder/Contractor

Preamble : The Principal intends to award, under laid down organiztional

procedures, contract/concession for Tender No. .......................... The Principal values

full compliance wih all relevant laws and regulations, and the principles of economic use

of resources, and of fairness and transparency in its relations with its Bidders. The

Central Vigilance Commission (CVC) has been promoting Integrity, transparency, equity

and competitiveness in Government / PSU transactions and as a part of Vigilance

administration and superintendence, CVC has, recommended adoption of Integrity Pact

and provided basic guidelines for its implementation in respect of major procurements

in the Government Organisations in pursuance of the same, the Principal agrees to appoint

an external independent Monitor who will monitor the execution of the contract for

compliance with the principles mentioned above.

Section 1 - Commitments of the Principal

(1) The Principal commits itself to take all measures necessary to prevent corruption

and to observe the following principles:-

(a) No employee of the Principal, personally or through family members, will in

connection with the execution of a contract, demand, take a promise for or accept, for

him/herself or third person, any material or immaterial benefit which he/she is not legally

entitled to.

(b) The Principal will, during the pre-contract stage, treat all BIDDERs alike, and

will provide to all BIDDERs the same information and will not provide any such

information to any particular BIDDER which could afford an advantage to that particular

BIDDER in comparison to other BIDDERs.

58

(c) The Principal will exclude from the process all known prejudicial persons.

(2) If the Principal obtains information on the conduct of any of its employees which is a

criminal offence under the relevant Anti-Corruption Laws of India, or if there be a

substantive suspicion in this regard, the Principal will inform its Vigilance Office and in

addition can initiate disciplinary actions. In such a case, while an enquiry is being

conducted by the Principal, the proceedings under the contract would not be stalled.

Section 2 - Commitments of the Bidder / Contractor

(1) The Bidder/Contractor commits themselves to take all measures necessary to prevent

corrupt practices, unfair means and illegal activities, during pre-contract as well as post-

contract stages. He commits himself to observe the following principles during the contract

execution.

a. The Bidder/Contractor will not, directly or through any other person or firm, offer,

promise or give to any of the Principal's employees involved in the execution of the contract

or to any third person any material or immaterial benefit, which he/she is not legally entitled

to, in order to obtain in exchange of advantage of any kind, whatsoever during the

execution of the contract.

b. The Bidder/Contractor will not enter with other Bidders into any undisclosed

agreement or understanding, whether formal or informal. This applies in particular to

prices, specifications, certifications, subsidiary contracts, submission or non-submission of

bids, or any other actions to restrict competitiveness, or to introduce cartelization in the

bidding process.

c. The Bidder/Contractor will not commit any offence, under the relevant Anticorruption

Laws of India; further the Bidder/Contractor will not use improperly, for purposes of

competition, or personal gain, or pass on to others, any information or document provided

by the Principal, as part of the business relationship, regarding plans, technical proposals

and business details, including information contained or transmitted electronically.

d. The Bidder will not collude with other parties interested in the contract to impair the

transparency, fairness and progress of the bidding process, bid evaluation, contracting and

implementation of the contract.

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e. The Bidder/Contractor will, when presenting his bid, disclose any and all payments he

has made, is committed to or intends to make to agents, brokers or any other

intermediaries, in connection with the award of the contract.

f. The Bidder commits to refrain from giving any compliant directly or through any

other manner without supporting it with full and verifiable facts.

g. The Bidder shall not lend to or borrow any money from or enter into any monetary

dealings or transactions, directly or indirectly, with any employee of the Principal.

(2) The Bidder/Contractor will not instigate third persons to commit offences outlined

above or be an accessory to such offences.

Section-3 Disqualification from or exclusion from future contracts

If the Bidder, before award of contract, has committed a transgression, through a violation

of Section-2 or in any other form, such as to put his reliability as Bidder, into question, the

principal is entitled to disqualify the Bidder, from the tender process, or to terminate the

contract, if already signed, for such reason.

1. If the Bidder/Contractor has committed a transgression, through a violation of

Section-2, such as to put his reliability, or credibility into question, the Principal is entitled to

disqualify the Bidder/Contractor from the tender process, terminate the contract if already

awarded and also, to exclude the Bidder/Contractor from future contract award processes.

The imposition and duration of the exclusion, will be determined by the severity of the

transgression. The severity will be determined, by the circumstances of the case, in

particular the number of transgressions, the position of the transgressions, within the

company hierarchy of the Bidder and the amount of the damage. The execution will be

imposed for a minimum of 6 months and maximum of 3 years.

Note : A transgression is considered to have occurred, if in the light of available evidence,

no reasonable doubt is possible.

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2. The Bidder accepts and undertakes to respect and uphold, the principal's Absolute

right to resort to and impose such exclusion and further accepts and undertakes, not to

challenge or question such exclusion, on any ground, including the lack of any hearing

before the decision, to resort to such exclusion is taken. This undertaking is given freely

and after obtaining independent legal advice.

3. If the Bidder/Contractor can prove that, he has restored/recouped the Damage

caused by him and has installed a suitable corruption prevention system, the Principal may

revoke the exclusion prematurely.

Section-4 Compensation for Damages

1. If the Principal has disqualified the Bidder, from the tender process prior to the

award, according to Section-3, the Principal is entitled to demand and recover the damages

equivalent to Earnest Money Deposit/Bid Security.

2. If the Principal has terminated the contract according to Section-3, or if the Principal

is entitled to terminate the contract according to Section-3, the Principal shall be entitled to

demand and recover from the Contractor, liquidated damages equivalent to 5% of the

contract value, or the amount equivalent to Security Deposit/Performance Bank Guarantee,

whichever is higher.

3. The Bidder agrees and undertakes to pay the said amounts, without protest or

demur, subject only to condition that, if the Bidder/Contractor can prove and establish that

the termination of the contract, after the contract award has caused no damage or less

damage than the amount of the liquidated damages, the Bidder/Contractor shall

compensate the principal, only to the extent of the damage in the amount proved.

Section-5 Previous transgression

1. The Bidder declares that, no previous transgression has occurred in the last 3 years,

with any other company, in any country, or with any other Public Sector Enterprises in

India, that could justify his exclusion from the award of the contract.

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2. If the Bidder makes incorrect statement on this subject, it can be declared

disqualified for the purpose of the contract and the same can be terminated for such

reason.

Section-6 Equal treatment of all Bidders/Contractors/Subcontractors

1. The Bidder/Contractor undertakes to demand from all subcontractors, a commitment

in conformity with this Integrity Pact, and to submit it to the Principal before contract

signing.

2. The Principal will enter into agreements with identical conditions as this one which all

Bidders, Contractors and Subcontractors.

3. The Principal will disqualify from the tender process all Bidders, who do not sign this

part or violates its provisions.

Section-7 Criminal charges against violating Bidders / Contractors / Sub -

contractors

If the principal obtains knowledge of conduct of a Bidder/Contractor or Subcontractor, or of

an employee, or a representative, or an associate of a Bidder/Contractor, or Subcontractor,

which constitutes corruption, or if the Principal has substantive suspicion, in this regard, the

Principal will inform the Vigilance office.

Section-8 External Independent Monitor

1. Pursuant to the need to implement and operate this Integrity Pact the Principal has

appointed Shri P.K. Gopinath, IPoS (Rtd) independent Monitor, for this Pact. The task of

the Monitor, is to review independently and objectively, whether and to what extent, the

parties comply with the obligations under this agreement.

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2. The Monitor is not subject to instructions, by the representative of the parties to the

Chairperson of the Board of the Principal.

3. The Bidder/Contractor accepts that, the monitor has the right to access, without

restriction to all Project documentation of the Principal, including that provided by the

Contractor. The Bidder/Contractor will also grant the Monitor, upon his request and

demonstration of a valid interest, unrestricted and unconditional access, to the project

documentation. The same is applicable to Subcontractors. The monitor is under

contractual obligation, to treat the information and documents of the

Bidder/Contractor/Subcontractor with confidentiality.

4. The Principal will provide to the Monitor, sufficient information about all meetings,

among the parties related to the Project, provided such meetings could have an impact, on

the contractual relations between the Principal and the Bidder/Contactor. The parties offer

to the Monitor the option to participate in such meetings.

5. As soon as the Monitor notices a violation of this agreement, he will so inform the

Management of the Principal and request the management to discontinue, or heal the

violation. Or to take other relevant action. The Monitor can in this regard submit non-

binding recommendations. Beyond this, the Monitor has no right to demand from the

parties, that they act in a specific manner, refrain from action or tolerate action.

6. The Monitor will submit a written report, to the Chairperson of the Board of the

Principal, within 8 to 10 weeks, from the date of reference of intimation to him by the

'Principal' and, should the occasion arise, submit proposals for correcting problematic

situations.

7. If the Monitor has reported to the Chairperson of the Board, a substantiate

suspension of an offence, under relevant Anti-Corruption Laws of India, and the Chairperson

has not, within reasonable time, taken visible action to proceed against such offence, or

reported it to the Vigilance Office, the Monitor may also transmit this information directly to

the Central Vigilance Commissioner, Government of India.

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Section-9 Pact Duration

This Pact begins when both parties have signed it. It expires 12 months after

the last payment under the contract Agreement is made.

If any claim is made/lodged during this time, the same shall be binding and

continue be valid, despite the lapse of this Pact, as specified above,

unless it is discharged/determined Chairperson of the Principal.

The Pact duration in respect of unsuccessful Bidders shall expire after 3

months of the award of the contract.

Section-10 Other Provisions

1. This agreement is subject to Indian Law. Place of performance and jurisdiction is the Registered Office of the Principal, i.e. Mumbai, Maharashtra.

2. Changes and supplements as well as termination notices, need to be made in

writing, before they become effective and binding on the both parties.

3. If the Bidder / Contractor is a partnership or a consortium, this agreement

must be, signed by all partners or consortium members.

4. Should one or seeral provisions of this agreement, turn out to be

invalid, the remainder of this agreement remains valid. In this case, the parties

will strive to come to an agreement, to their original intensions.

For the Principal For the Bidder/Contractor

Place: Mumbai

Witness-1 : ..................................... Witness-2 :

..................................... Date : /_ /2015

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1) The bidder has to execute Integrity pact agreement with Mumbai Port Trust

(As per Appendix) Shri P.K. Gopinath, IPoS (Retd.) has been nominated as

Independent External Monitor for Integrity Pact whose address is as under:

C-1/143, Bapanager,

Behind Delhi High Court,

New Delhi- 110003

Email: [email protected]

2) Scanned copy of Pre-Contract Integrity Agreement (As per Appendix) is to be

up loaded along with the bid. Original hard copy of the Integrity Pact

Agreement shall be submitted by post or hand immediately after closing date of

the tender failing which tender shall be considered invalid.

mailto:[email protected]

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Shipping Development Circular No.2 of 2002 dated 08.11.2002 of Director

General of Shipping.

Sub.: Guidelines for Grant of Licence to Foreign- Flag Vessel

----------------------

1. Legal Provisions and Objectives:

1.1 In public interest and to ensure transparency and equitable consideration for

Indian ship owners, Shippers, Project Authority, other private parties (Citizen/

Companies / Societies and PSUs and joint ventures). and above all, for the Indian

consumers, the Director General of Shipping is hereby pleased in supersession of all

earlier guidelines to lay down the following guidelines for grant of licence for chartering

of foreign-flag vessels for export, import, for coasting trade, implementation of projects

etc.

1.2 In part XIV-of the Merchant Shipping Act, 1958-entitled „Control of Indian ships

and ships engaged in Coasting Trade. , the provision of Section 406 deal with Indian

ships and charter ships to be licensed and provisions of Section 407 deal with licensing of

ships for coasting trade in India. As laid down in these sections, the licence has to be

granted by the Director General of Shipping (hereinafter referred to as D.G. Shipping )

for taking to sea from a port or place within and outside India of Indian or other ship by a

citizen of India or a company or a co-operative society under Section 406. The same is

true for ship other than Indian ship or a ship chartered by a citizen of India under Section

407.

1.3 Sub-Section (3) of Section 406 and sub-section (2) of Section 407 employer the

D.G. Shipping to grant the licence subject to such conditions as may be specified by him.

consolidated guidelines had been issued by the Director- General of Shipping in this

same regard vide No.SD-9/CHART (82)/97-II dated 27 March, 2000. As a result of

experience gained during the last 21/2 years, it is felt necessary to issue the present

updated and fresh guidelines.

1.4 It is well-known that in recent years, there has been a tremendous growth in the

development of off shore shipping industry in all its various aspects. It is necessary for

the Central government to ensure the growth and development of Indian off-shore sector,

vessel, equipment etc. Consequently while considering the application for grant of license

to any foreign- flag vessel of any type to work in Indian waters anywhere in entire

Exclusive Economic Zone, it will be necessary for D.G. Shipping to consider the effect

on 1.5 the growth and encouragement of Indian off-shore industry and vessels,

irrespective of whether they are fitted with mechanical means of propulsion or not.

Therefore these Guidelines are applicable to all vessels. as defined under M.S. Act,

supporting or performing any service/ functions as enumerated below:-

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(i ) Capital intensive assets such as Floating Storage and offloading devises etc.

(ii) Oil-field Support Services- rendering vessel engaged in towing, anchor-handling,

dredging, off-shore drilling / production rigs, diving support, maintenance support,

various type of surveys, cable laying, sea-bed mining operations, pipe-laying, lighterage,

salvage marine construction, hook-up, supply and transport of passengers, goods and

material, and

(j) Port and Terminal related support services-rendering vessels.

1.5 These guidelines shall be applicable to any foreign-flag vessel chartered by

anyone for operation in the Indian Exclusive Economic Zone of India including its

territorial waters and contiguous zone.

1.6 These Guidelines shall come into operation with immediate effect.

2. Chartering of foreign flag vessels for export / import.

2.1 The Application should submit the enquiry consisting of details regarding

specification of the requirement of vessel, quantity of cargo, nature of cargo, lay up, port

of loading and discharge etc. to the Indian National Ship-owners Association (hereinafter

referred to as INSA) and to the D. G. Shipping at least three working days prior to lay up.

He should submit the application in the appropriate format as prescribed at Annex A, B,

C & D with necessary fees, at least three working days prior to commencement of the

layup.

2.2 INSA shall circulate the enquiry to its Member Companies who shall forward to

the Applicant the offer they wish to make giving details of a suitable Indian flag vessel,

charter hire / freight etc. informing INSA that the offer has been made giving all details

except the price offer and endorsing a copy of the offer made to the D.G. Shipping. The

offer should be made by the INSA Members within not more than two working days after

receipt of the enquiry in respect of all vessels, except Crude carriers, Product Tankers,

Chemical Carriers, Ammonia Tankers, Gas Carriers, Feeder and Container Vessels. In

respect of these latter vessels, INSA Member Companies shall make their offer to the

Applicant within one working day after receipt of the enquiry. INSA shall, in response to

the enquiry of the Applicant, inform the D. G. Shipping of the offers made by its member

Companies and endorse a copy of the same to the Applicant Company within two

working days after receipt of the enquiry in respect of all vessel except Crude carriers,

Chemical Carriers, Ammonia Tankers, Gas Carriers, Product Tanker, Feeder and

Container Vessels. In respect of these latter vessels, INSA shall in response to the enquiry

of the Applicant, inform the D. G. Shipping of the offers made by its Member Companies

and endorse a copy of the same to the Applicant Company within one working day after

receipt of the enquiry. In case no copies of offer are received by INSA from its member

companies within the stipulated time, INSA shall inform the D.G. Shipping accordingly,

with a copy of the same to the Applicant.

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3. Chartering permission for Coasting Trade / Offshore Support operation / port-

related Support Service for spot Requirement.

3.1 The Applicant should submit the enquiry consisting of details regarding specification

of the requirement of vessel, quantity of cargo, nature of cargo, lay can, port of loading

and discharge etc. to the Indian National Shipowner’s Association ( hereinafter referred

to as INSA ) and to the D.G. Shipping at least three working days prior to lay up. He

should submit the application in the appropriate format as prescribed at Annex A, B, C &

D with necessary fees, at least three working days prior to commencement of the lay up

3.2 INSA shall circulate the enquiry to its Member Companies who shall forward to the

Applicant the offers they wish to make giving details of a suitable Indian Flag Vessel

Charter hire etc., informing INSA that the offer has been made giving the details thereof

except the price offer and endorsing copies of the offer made to the D.G. Shipping. The

offers should be made by the INSA Members within not more than two working days

after receipt of the enquiry in respect of all vessels, INSA shall in response to the enquiry

of the applicant inform D.G. Shipping the offers made by its Member companies and

endorse a copy of the same to the applicant company immediately within one day in

respect of all vessels.

3.3 The procedure specified in the Guidelines (Paragraphs 2.1 – 2.2) also applies to all

applications for permission for spot requirements for coasting trade and time or voyage

charter of foreign flag vessels where no tender process has been followed for coasting

trade. The Applicant shall however refer the enquiry to the Indian Coastal Conference

(hereinafter referred to as ICC) as well as to INSA. The ICC shall also follow the same

procedure as INSA as specified earlier in Paragraphs 2.1 to 2.2 However, Paragraphs 3.1

to 3.2 shall apply to all requirement in the Offshore Support Services and / or Port /

Terminal Support Services where no tender process is followed.

4. Chartering of Vessel done through Tender Process for all types of Requirements.

4.1 Unless the Indian vessel becomes successful in the evaluation of the technical bid, it

will not of course be eligible for any consideration and support under the provisions of

Section 407 of the M.S. Act, 1958.

4.2 Whenever charter of vessel is undertaken through a tender process, open, closed or

global tender, or any other process of tender, the provisions of these guidelines are

required to be incorporated. Whether the guidelines have been incorporated in any tender

or not, the said guidelines would be deemed to have been incorporated as a part of the

tender documents.

4.3 Every tender process would provide scope for Indian Citizen / Companies / Co-

operative Societies having Indian Flag Vessels to participate in the said tender. where the

said Indian Citizen / Companies / Co-operative Societies have failed either to participate

or obtain the order, they cannot be allowed to obtain the same or part of the same work at

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any cost merely through the provisions found in Section 407 and Section 406 of the M.S.

Act, 1958. In the said tender process, the right of first refusal will remain with the Indian

Vessel Owner on his showing readiness to take up the job at the lowest price indicated by

the foreign flag vessels. “right of first refusal” is a right which accrues to a bidder in a

tendering process – who offers an Indian flag vessel and whose rate through not being the

lowest – to be awarded the tender, subject to his matching of the lowest rate offered by a

bidder who offer a foreign-flag vessel. This right is conferred based upon the practices of

the industry, and the deliberate intention of the Central Government towards

encouragement and development of the India shipping industry.

4.4 Right of refusal will be applicable to:

a) A vessel which has been offered by an Indian bidder, and which remains under foreign

flag on the date of the price bid opening, would be treated as a foreign-flag vessel for the

purpose of bid evaluation. Accordingly, the lowest Indian-flag vessel would be granted

the right of first refusal against the foreign-flag vessel including the foreign flag vessel (s)

which are offered with an undertaking to convert to Indian flag prior to commencement

of operations.

b) Above the lowest tender with a foreign-flag vessel, where there are more than one

Indian tenderer offering Indian flag vessel (s), then the first right of first refusal will be

given to the lowest among such Indian tenderers, and on his failure to match the lowest

tender, the next higher Indian tenderer will be given the offer and so on.

c) The offer of any foreign flag vessel by an Indian bidder with an undertaking to convert

it to Indian flag prior to commencement of operations but later than the price bid opening

can be considered only when and if the Indian bidder/s offering Indian-flag vessel/s have

failed to match the lowest price offered by the foreign-flag vessel. Indian such event the

tender awarding authority shall incorporate deterrent penalties in the award of tender to

ensure that the bidder will convert the vessel to Indian flag before commencement of

operations.

d) Similarly, an Indian bidder who offers an Indian flag vessel (s) for a particular tender

will not be granted licence by D.G. Shipping to charter a foreign flag vessel (s) for the

same work either at the commencement of charter or at any time during the tenure of the

charter. The Indian bidder will not be allowed to substitute the Indian flag vessel(s) with

a vessel that was being onstructed, contracted or flying a foreign flag at the time of

bidding but was to be converted to Indian flag prior to commencement of operations, but

later than the elsewhere hoping to replace it with a foreign-flag vessel, irrespective of

whether tender process was followed or not. Such a request to grant licence for a foreign-

flag vessel will not be granted by D.G. shipping to replace an Indian-flag vessel.

e) In short, both in (c) and (d), equity will be maintained to ensure a balance between

both the objectives of encouraging the existing Indian-flag vessel on the one hand and of

encouraging the acquisition of new Indian tonnage, but with a slight tilt in favour of

existing Indian-flag vessels since the investment here has already been made.

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4.5 The party which offers the Indian flag vessel, should meet the commercial

requirement by matching the lowest composite effective price and there shall be no price

preference in favour of the Indian flag vessel. If any expenditure incurred by the Indian

vessel-owner is being borne by the charterer for the foreign-flag vessel that shall be

suitably added to the price while comparing the costs. On such calculation if the Indian

vessel is offered at the same price as foreign vessel the licence under Section406 and /or

407 will not be granted for the said foreign-flag vessel. Composite Effective Price is the

derived figure from the various price inputs submitted by a bidder / participant in a tender

process, wherein all the costs /input are summarized. While working out such Composite

Effective Price, inputs such as daily hire / daily rate, mob / demo charges, call out rates

and conversion charges etc. are taken into account.

5. Amendment to Licence already granted:

5.1 Amendment to licence will be governed by the following provisions :

(a) Not more than twice will amendments be allowed in respect of the same licence.

(b) If an amendment seeks variations in more than three parameters, it will be treated as a

fresh case.

(c) Any variation on lay can exceeding one week on either side will be treated as afresh

case.

(d) The fees once paid will not be automatically refunded or adjusted again any fresh

application. Separate and adequate justification for refund or adjustment will have to be

advanced before the D.G. Shipping and be accepted by him.

(e) A fresh case would mean that the application has follow the procedure from the

beginning once again.

6. Penalty for deviations:

6.1 If INSA or any of the Shipping Companies brings to the notice of D.G. Shipping that

a charterer concerned as he may consider necessary to prevent recurrence of such events.

6.2 If there is a doubt that technical specifications of the vessel given in the tender

advertisement were drawn up with the deliberate intention of avoiding Indian-flag vessel

the matter may be referred to the D.G. Shipping for decision as to whether the Indian

vessel with minor difference in specifications should be chartered, and not the foreign

flag vessel. As far as practicable, this decision will be taken after discussion with the

concerned parties.

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6.3 If past payment due on charter of Indian-flag ships is not cleared in time, the D.G.

Shipping may decide that no further licence is granted to applicants who are in such

arrears.

7. Non-INSA / ICC Members:

For non-INSA / ICC Member, a copy of the enquiry shall as has been the prevailing

practice, be displayed on the notice board of the officer of the D.G. Shipping within the

relevant time stipulated.

8. Exceptions in public interest.:

To expedite national project-implementation to increase Indian tonnage, to

encourage development- of Indian hub-port and sea-trade routes, both new or existing-

and to tackle an emergency or overcome a crisis, the D.G. Shipping retains the right to

take action as deemed fit, overriding any of the guidelines laid down hereinabove.

Sd/-

(D.T. Joseph)

Director General of Shipping &

Dated 08 November, 2002 Secretary to Government of India

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Appendix 1- Format 10

Instructions for Online Bid Submission:

The bidders are required to submit soft copies of their bids electronically on the CPP Portal, using valid Digital Signature Certificates. The instructions given below are meant to assist the bidders in registering on the CPP Portal, prepare their bids in accordance with the requirements and submitting their bids online on the CPP Portal.

More information useful for submitting online bids on the CPP Portal may be obtained at: https://eprocure.gov.in/eprocure/app .

REGISTRATION

1) Bidders are required to enroll on the e-Procurement module of the Central Public Procurement Portal (URL: https://eprocure.gov.in/eprocure/app) by clicking on the link “Online bidder Enrollment” on the CPP Portal which is free of charge.

2) As part of the enrolment process, the bidders will be required to choose a unique username and assign a password for their accounts.

3) Bidders are advised to register their valid email address and mobile numbers as part of the registration process. These would be used for any communication from the CPP Portal.

4) Upon enrolment, the bidders will be required to register their valid Digital Signature Certificate (Class II or Class III Certificates with signing key usage) issued by any Certifying Authority recognized by CCA India (e.g. Sify / nCode / eMudhra etc.), with their profile.

5) Only one valid DSC should be registered by a bidder. Please note that the bidders are responsible to ensure that they do not lend their DSC’s to others which may lead to misuse.

6) Bidder then logs in to the site through the secured log-in by entering their user ID / password and the password of the DSC / e-Token.

SEARCHING FOR TENDER DOCUMENTS

1) There are various search options built in the CPP Portal, to facilitate bidders to search active tenders by several parameters. These parameters could include Tender ID, Organization Name, Location, Date, Value, etc. There is also an option of advanced search for tenders, wherein the bidders may combine a number of search parameters such

https://eprocure.gov.in/eprocure/app

https://eprocure.gov.in/eprocure/app

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as Organization Name, Form of Contract, Location, Date, Other keywords etc. to search for a tender published on the CPP Portal.

2) Once the bidders have selected the tenders they are interested in, they may download the required documents / tender schedules. These tenders can be moved to the respective ‘My Tenders’ folder. This would enable the CPP Portal to intimate the bidders through SMS / e-mail in case there is any corrigendum issued to the tender document.

3) The bidder should make a note of the unique Tender ID assigned to each tender, in case they want to obtain any clarification / help from the Helpdesk.

PREPARATION OF BIDS

1) Bidder should take into account any corrigendum published on the tender document before submitting their bids.

2) Please go through the tender advertisement and the tender document carefully to understand the documents required to be submitted as part of the bid. Please note the number of covers in which the bid documents have to be submitted, the number of documents - including the names and content of each of the document that need to be submitted. Any deviations from these may lead to rejection of the bid.

3) Bidder, in advance, should get ready the bid documents to be submitted as indicated in the tender document / schedule and generally, they can be in PDF / XLS / RAR / DWF/JPG formats. Bid documents may be scanned with 100 dpi with black and white option which helps in reducing size of the scanned document.

4) To avoid the time and effort required in uploading the same set of standard documents which are required to be submitted as a part of every bid, a provision of uploading such standard documents (e.g. PAN card copy, annual reports, auditor certificates etc.) has been provided to the bidders. Bidders can use “My Space” or ‘’Other Important Documents’’ area available to them to upload such documents. These documents may be directly submitted from the “My Space” area while submitting a bid, and need not be uploaded again and again. This will

lead to a reduction in the time required for bid submission process.

SUBMISSION OF BIDS

1) Bidder should log into the site well in advance for bid submission so that they can upload the bid in time i.e. on or before the bid submission time. Bidder will be responsible for any delay due to other issues.

2) The bidder has to digitally sign and upload the required bid documents one by one as indicated in the tender document.

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3) Bidder has to select the payment option as “offline” to pay the tender fee / EMD as applicable and enter details of the instrument.

4) Bidder should prepare the EMD as per the instructions specified in the tender document. The original should be submitted in the sealed cover as specified in the tender document in person latest by the last date of bid submission. The details of the DD/any other accepted instrument, physically sent, should tally with the details available in the scanned copy and the data entered during bid submission time. Otherwise the uploaded bid will be rejected.

5) Bidders are requested to note that they should necessarily submit their financial bids in the format provided and no other format is acceptable. If the price bid has been given as a standard BoQ format with the tender

document, then the same is to be downloaded and to be filled by all the bidders. Bidders are required to download the BoQ file, open it and complete the white coloured (unprotected) cells with their respective financial quotes and other details (such as name of the bidder). No other cells should be changed. Once the details have been completed, the bidder should save it and submit it online, without changing the filename. If the BoQ file is found to be modified by the bidder, the bid will be rejected.

6) The server time (which is displayed on the bidders’ dashboard) will be considered as the standard time for referencing the deadlines for submission of the bids by the bidders, opening of bids etc. The bidders should follow this time during bid submission.

7) All the documents being submitted by the bidders would be encrypted using PKI encryption techniques to ensure the secrecy of the data. The data entered cannot be viewed by unauthorized persons until the time of bid opening. The confidentiality of the bids is maintained using the secured Socket Layer 128 bit encryption technology. Data storage encryption of sensitive fields is done. Any bid document that is uploaded to the server is subjected to symmetric encryption using a system generated symmetric key. Further this key is subjected to asymmetric encryption using buyers/bid openers public keys. Overall, the uploaded tender documents become readable only after the tender opening by the authorized bid openers.

7) The uploaded tender documents become readable only after the tender opening by the authorized bid openers.

8) Upon the successful and timely submission of bids (i.e. after Clicking “Freeze Bid Submission” in the portal), the portal will give a successful bid submission message & a bid summary will be displayed with the bid no. and the date & time of submission of the bid with all other relevant details.

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9) The bid summary has to be printed and kept as an acknowledgement of the submission of the bid. This acknowledgement may be used as an entry pass for any bid opening meetings.

ASSISTANCE TO BIDDERS

1) Any queries relating to the tender document and the terms and conditions contained therein should be addressed to the Tender Inviting Authority for a tender or the relevant contact person indicated in the tender.

2) Any queries relating to the process of online bid submission or queries relating to CPP Portal in general may be directed to the 24x7 CPP Portal Helpdesk. The contact number for the helpdesk is 1800 3070 2232. Foreign bidder can get help at +91-79-40007451 to 460.

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