1. Healthcare

CHENNAI PORT TRUST
MECHANICAL & ELECTRICAL ENGINEERING DEPARTMENT
TENDER No.
:
MEE/ 03 /2015/Dy.CME (R&D)
CLOSING DATE
:
11.02.2015
CLOSING TIME
:
15.00 Hrs.
EMD
:
Rs. 1,22,490/-
Pre-bid meeting will be held on 28.01.2015 at 11.00 Hrs. The bidders are
requested to attend the pre-bid meeting for clarifications including online bidding.
TENDER DOCUMENT FOR
TENDER FOR HIRING OF 4 Nos. OF DIFFERENT CAPACITY TRUCKS / LORRIES ON 12
HOUR UNDER MONTHLY BASIS FOR A PERIOD OF TWO YEARS FOR ATTENDING
CARGO HANDLING WORKS OF VARIOUS DEPARTMENTS OF CHENNAI PORT TRUST
UNDER TWO COVER SYSTEM THROUGH e-PROCUREMENT/MANUAL MODE.
-00O00-
DUE DATE FIXED ON 11.02.2015 @ 15.30 HRS
TENDER DOCUMENT COST
VAT @ 5%
TOTAL
:
:
:
Rs.1500/Rs. 75/Rs. 1575
1
DISCLAIMER
Each Tenderer shall conduct his own investigation and analysis, check the accuracy, reliability
and completeness of the information provided in this Tender Document at his own cost and
expenses. It would be deemed that prior to submitting the Tender, the Tenderer has (a) made
a complete and careful examination of requirements and other information set forth in this
Tender, (b) received all such relevant information as it has requested from the Port Trust, and
(c) made a complete and careful examination of the various aspects of the Project including,
but not limited to, (i) the site, (ii) existing facilities and structures, (iii) the conditions of the
access roads, waterfront and utilities in the vicinity of the site (iv) applicable laws and
applicable permits and (vi) all other matters, including Guidelines, Major Port Trust’s Act 1963,
as amended from time to time, bye-laws, rules and regulations made there under, any
administrative or other directions and guidelines given under the said Act as amended from
time to time, a statement of conditions prescribed under the said Act as amended from time to
time, and all other statutory enactments in relation to the Project or Project Services that might
affect the Tenderer’s performance under the terms of this Tender Document. The Port Trust
shall not be liable for any omission, mistake or error or neglect by the Tenderer in respect of
the above.
CHIEF MECHANICAL ENGINEER.
2
MECHANICAL & ELECTRICAL ENGINEERING DEPARTMENT
TENDER NO: MEE/ 03/2015/Dy.CME(R&D)
“TENDER FOR HIRING OF 4 Nos. OF DIFFERENT CAPACITY TRUCKS / LORRIES ON
12 HOUR UNDER MONTHLY BASIS FOR A PERIOD OF TWO YEARS FOR ATTENDING
CARGO HANDLING WORKS OF VARIOUS DEPARTMENTS OF CHENNAI PORT TRUST
UNDER TWO COVER SYSTEM Through e-procurement/Manual mode.
INDEX
Sl. No.
1
2
Description
Notice Inviting Tender
Tender form
Page No.
4
5
3
Schedule of General particulars of Tenderer
7
4
Instructions to Tenderers
8
6
Technical Specification and Commercial ConditionsSchedule ‘A’
13
7
Price Schedule- Schedule ‘A1’
20
8
Special Conditions of Contract (Schedule B)
21
9
General Conditions of Contract (Schedule C)
24
10
Annexure I- Form of Agreement
26
11
Annexure II- Format for Power of Attorney
28
12
Annexure III- Advance Stamped receipt
29
13
Annexure IV- B.G. Performance Guarantee
30
14
Annexure V- Integrity pact
33
15
Checklist.
38
3
NOTICE INVITING TENDER
CHENNAI PORT TRUST .
NIT No: MEE/ 03 /2015/Dy.CME(R&D)
ONLINE TENDER FOR HIRING OF 4 Nos. OF DIFFERENT CAPACITY TRUCKS /
LORRIES ON 12 HOUR UNDER MONTHLY BASIS FOR A PERIOD OF TWO YEARS FOR
ATTENDING CARGO HANDLING WORKS OF VARIOUS DEPARTMENTS OF CHENNAI
PORT TRUST UNDER TWO COVER SYSTEM THROUGH e-PROCUREMENT MODE.
On line tenders are invited for the above work as per the details given below through
e-procurement mode on website eprocure.gov.in
i)
ii)
iii)
iv)
v)
vi)
vii)
Cost of tender document
(inclusive of 5% VAT)
Estimated cost
Earnest Money Deposit
Sale of Tender Document
Rs.1575/Rs. 1,22,49,000/Rs. 1,22,490/From 12.01.2015 to 10.02.2015. up to 4.00 PM
28.01.2015 @ 11.00 Hrs
Pre Bid Meeting
Last date & time of
submission
Date and time of opening
of Technical Bid
11.02.2015 @ 15.00 Hrs.
11.02.2015 @ 15.30 Hrs.
viii) Validity
180 Days
ix)
http://eprocure.gov.in
Office of the Chief Mechanical Engineer, 7th Floor,
Centenary Building, Chennai Port Trust, Chennai.
Submission of Bid
(e-procurement) &
(Manual)
Tender
documents
can
be
downloaded
from
Chennai
Port
WEBSITE
http://www.chennaiport.gov.in on or before the last date of sale of tender
document. For further details bidders may contact Dy. Chief Mechanical Engineer
(R&D), 2nd Floor, Old Admin Building, Chennai Port Trust, No.1. Rajaji salai, Chennai 600 001. Ph:044- 25360628.
CHIEF MECHANICAL ENGINEER.
4
TENDER FORM
Note: Tenderer are required to fill up all the blank spaces in this tender form:
-00O00-
The Chief Mechanical Engineer,
Chennai Port Trust,
Chennai – 600 001.
1. Having examined the Instructions to Tenderers, Conditions of contract, Specifications and
schedules attached to the Tender for the Tender for hiring of 4 Nos. Different Capacity Trucks
/ Lorries on 12 hours under monthly basis for a period of two years for attending Cargo
handling works of various Departments of Chennai Port Trust through e-Tender in conformity
with said conditions of contract, specifications, etc. at rates for hiring as prescribed in the
schedule A1 price schedule attached herewith.
2. We further undertake, if our tender is accepted, we will deposit the Performance Security
deposit as said forth in the Instructions to Tenderer, Clause 7 and direction for the guidance of
the tender document.
3. We further undertake, if our tender is accepted to enter into and execute within 30 days
from the date of receipt of Order for execution of the agreement on being called upon to do so,
an agreement in the form annexed and the conditions of contract with any modifications as
agreed upon.
4. Unless and until a formal agreement is prepared and executed the firm’s Minutes of Tender
Committee Meeting, Correspondence on clarification & Trust Letter of Intent will form legal
binding on the Tenderer.
5. We agree to abide by this tender for the period of 180 days from the date fixed for receiving
the same.
6. We further agree that in the event of our withdrawing the tender before the receipt of the
final decision or in the event of failing to deposit the Performance security deposit in such form
as contained in the Instructions to Tenderer, clause: 7, or in the event of our tender being
accepted, fail to execute an agreement in the form aforesaid with in 30 days from the date of
receipt of order to commence the work, the deposit of the Earnest Money shall stand forfeited
to the Trust.
5
7. We understand that you are not bound to accept the lowest or any tender you may receive.
Dated the ………………….. day of ……………… in the capacity of ……………………….duly
authorized to sign tender for and on behalf of ………………………
(IN BLOCK CAPITALS)
Signature and Office Seal
of the Tenderer
Witness Address.
1.
2.
6
SCHEDULE OF GENERAL PARTICULARS OF TENDERER.
1. Name of Tenderer.
2. Address of Tenderer.
3. Fax Code/E-mail ID of Tenderer.
4. Name and designation of the contact person of the Tenderer to whom all
reference
shall be made for expeditious Technical Co- ordination.
5. Infrastructure facilities available.
6. Service facilities available.
7. Availability of spare parts.
8. Tenderer’s proposal reference and Date.
9. Tenderer’s validity period (to be specified clearly)
10. Whether Earnest Money as desired deposited.
11. Are all Technical details called for and price as called for in schedule filled up.
12. Whether the Completion
Report from user of previous orders enclosed for
Eligibility
Criteria.
13. Bank details.
Signature & Date
Name:
Designation:
7
INSTRUCTION TO THE TENDERER
1.0
GENERAL
Tenders in sealed covers superscribed " Tender for hiring of 4 Nos. Different Capacity Trucks
/ Lorries on 12 hours under monthly basis for a period of two years for attending Cargo
handling works of various Departments of Chennai Port Trust” detailed in the duties and
specification attached herewith and in accordance with instruction to the tenderer, conditions
of the tender, etc. so as to reach the Chief Mechanical Engineer, 7th Floor, Centenary Building,
Chennai Port Trust, Chennai - 600 001, not later than 15.00 Hrs on 11.02.2015.
2.0
CONTENTS OF COVER
Tender must be sent in one main cover containing three separate covers super scribed as:
(a)
Cover I – Technical & Commercial Bid.
(b)
Cover II – Price Bid.
(c)
Cover for DD for EMD & Tender Document Fee.
2.1 Main Cover
The tenderer shall clearly write on the main cover as “TENDER FOR hiring of 4 Nos. Different
Capacity Trucks / Lorries on 12 hours under monthly basis for a period of two years for
attending Cargo handling works of various Departments of Chennai Port Trust” and on
11.02.2015.
2.2 COVER – I
The tenderer shall clearly write on the cover-I as “TENDER FOR hiring of 4 Nos. Different
Capacity Trucks / Lorries on 12 hours under monthly basis for a period of two years for
attending Cargo handling works of various Departments of Chennai Port Trus” “TECHNICAL
AND COMMERCIAL BID only” and on 11.02.2015.
Content of Cover-I
For the Pre-qualification stage, the Tenderers have to furnish information on their Technical
and Financial capability in Cover - I in accordance with the conditions and formats specified in
this Tender Document.
vi)
i)
The financial documentary evidences sought by the Trust under Clause 2.0.
(Eligibility Criteria) of Schedule - A (Technical and Commercial Conditions) are to be
furnished.
ii)
The technical experience documentary evidences sought by the Trust, and relevant
Work orders and Performance Certificate are to be furnished.
iii)
The Tenderer should furnish an undertaking agreeing to furnish the
details of the equipments specification to be deployed with the
conditions mentioned as in Schedule – A.
iv)
Tender Form, Schedule of General Particulars of Tenderer ,Power of Attorney
(Annexure-2) and Advance stamp receipt (Annexure-3) duly filled and the tenderer
shall abide by all the Technical and Commercial conditions of the Trust Tender
Document.
v)
All pages of the documents to be signed, dated & sealed by the tenderer. Any
tender not so signed on all pages of the papers in the tender is liable to be treated
as being defective.
The tenderer should not indicate the quoted rate directly or indirectly in Cover – I or
anywhere of the bids. Any such offer shall disqualify the tender forthwith
8
2.3 COVER – II
The tenderer shall clearly write on the cover-II as “TENDER FOR hiring of 4 Nos. Different
Capacity Trucks / Lorries on 12 hours under monthly basis for a period of two years for
attending Cargo handling works of various Departments of Chennai Port Trust” “PRICE BID
only”.
Contents of Cover-II
The cover II (Price Bid) shall contain the schedule of quantities and prices for the
tender as per Schedule ‘A1’. The price information including applicable duties and taxes should
only be furnished clearly in Price Bid (Cover II). The break up for the basic cost and the taxes
and duties shall be given specifically in Price Bid (Cover II) Schedule ‘A1’ only. Specific attention
of the tenderers is drawn to schedule ‘A1’ relating to the cost of “Tender for hiring of 4 Nos.
Different Capacity Trucks / Lorries on 12 hours under monthly basis for a period of two years
for attending Cargo handling works of various Departments of Chennai Port Trust”
2.4 Cover for DD of EMD & Tender Document Fee
The tenderer shall clearly write on the cover as” EARNEST MONEY DEPOSIT and TENDER
DOCUMENT COST”
All the covers shall be addressed to the Chief Mechanical Engineer, Chennai Port Trust and
sealed properly. Names and addresses of the tenderer shall also be written on all the covers
The main cover containing Cover-I, Cover-II, payment for EMD and Tender Document Fee shall
reach office of the Chief Mechanical Engineer, 7th Floor, Centenary Building, Rajaji Salai, Chennai
Port Trust, Chennai – 600 001 not later than 15.00 Hrs on 11.02.2015.
NOTE: Bidders opted for submission of bid through manual tender should not quote
through e-procurement website and the bids received through both modes will
summarily be rejected.
PRE-BID MEETING: Pre-bid meeting will be held on 28.02.2015 at 11.00 Hrs. The bidders
are requested to attend the pre-bid meeting for clarifications including online bidding
3.0
VALIDITY OF OFFER:
The price quoted by the tenderer must be firm and should hold good at least for 180
days from the date of opening of the Tender.
4.0
MODE OF PAYMENT of EMD and Tender Document Fee:
The tenderers shall deposit an Earnest Money of Rs. 1,22,490/- in demand draft / pay
order on any Nationalised Bank / Scheduled Bank payable at Chennai in the name of the
Chairman, Chennai Port Trust in a separate cover and kept in Main cover. and Document charges
of Rs. 1575/-either as Demand draft or paid through Finance Dept. Tenders which are not
accompanied by EMD and Tender Document Fee will summarily be rejected. Any online mode of
payment will not be accepted
5.0
EMD – FORFEITURE:
The EMD will be forfeited, if
a. The Bidder withdraws the Bid after Bid opening during the period of Bid Validity; or
b. The successful Bidder fails within the specified time limit to sign the Agreement or
c. Fail to furnish the required Security Deposit or
d. Fail to supply the Vehicles within 30 days from the date of receipt of Order.
6.0 RETURN OF EMD:
a. The amount of Earnest Money will be refunded to unsuccessful tenderers as soon as
possible after the award of contract. No interest will be allowed on the Earnest Money
9
from the date of its receipt until it is so refunded. The tenderer shall furnish the details
of Bank account No, Bank name and Branch etc, for the refund of EMD through epayment.
b. The EMD will be refunded to the successful tenderer on receipt and acceptance by the
Board of full Security deposit in any manner aforesaid and on execution of
agreement.
7.0 PERFORMANCE SECURITY
The person who’s tender or any portion of whose tender is accepted he must within 21 days of
receipt of notice of such acceptance or within such extended time as may be allowed, by the
Chief Mechanical Engineer at his discretion, deposit a Performance Security of 10% of the total
value of the contract as mentioned below.
7.1 Performance Security Deposit shall consist of two parts; a) Performance Guarantee and b)
Retention money to be recovered from Running Bills.
7.2 Performance Security should be 10% of Contract price of which 5% of Contract price
rounded off to nearest thousand Rupees should be submitted as Demand Draft / Banker’s
Cheque shall be in favour of the Chairman Chennai Port Trust drawn from any
Scheduled / Nationalized Bank payable at Chennai within 21 days of issue of Letter of
Acceptance and balance 5% shall be recovered as Retention Money from Running Bills.
Recovery of 5% of Retention Money to commence from the First bill onwards subject to a
maximum of 5% of Contract Value. Thereafter, the total of 10% of Performance Security
(5% B.G. plus 5% Retention Money) shall be returned within 14 days of completion of
contract period.
(i)
Tenderer shall furnish Performance Guarantee upto Rs.5 Lakhs in the form of
Demand Draft / Bankers’ cheque drawn on any Scheduled Bank / Nationalized Bank,
payable at Chennai and in the event of the Performance Guarantee exceeding Rs.5
Lakhs, the total amount or the amount in excess of Rs.5 Lakhs be deposited, in the
form of Bank Guarantee issued by any Scheduled Bank / Nationalized Bank
enforceable and encashable at Chennai. The Bank Guarantee without the provision
for enforcement and encashment at Chennai cannot be accepted.
(ii)
Performance Guarantee paid in any mode except as specified above will not be taken
into account and the concerned tender will be rejected.
(iii)
An interest @ 18% per annum on Performance Guarantee amount will be levied for
delayed remittance from the due date to the date of realization
Failure of the successful Bidder to comply with the requirements Performance Security
shall constitute sufficient grounds for cancellation of the award of work and forfeiture of the
EMD.
7.3 The deposits in any manner suggested above shall be to the extent of ten percent of the
total amount of the accepted tender towards security for the due fulfillment of the
conditions of Contract before the commencement of hiring.
8.0
AGREEMENT:
Tenderer must execute an agreement in the form here to annexed within 30 days of receipt
of notice of such acceptance or within such extended time as may be allowed, by the Chief
Mechanical Engineer at his discretion.
Further the Tenderer undertakes, if his tender is accepted to enter into and execute when
called upon to do so an agreement with such modification as agreed upon and unless and
until the formal agreement is prepared and executed this tender together with the written
acceptance shall form a binding contract between the Trust and the Contractor.
10
The cost of stamping agreement must be borne by the successful Tenderer
9.0
RIGHT TO FORECLOSE THE CONTRACT:
1. Not withstanding any thing in the contract agreement the contractor agrees that the
Trust (on its own or acting on behalf of Government of India) or the Government of
India shall be entitled to foreclose the contract on the occurrence of the following
events.
i.
Contractor event of breach of contract.
ii.
An emergency or
iii.
For national security and /or national interest and / or public reasons.
2.
Upon the occurrence of the events specified in the above 1(i).(ii) & (iii) the Trust
or Government of India reserves the right to foreclose the contract at any point of time
during the contract period on issue of the Termination notice under the provision of the
Termination clause, the Trust shall not be liable to compensate the contractor or any
other person for any losses or estimated loss or profit during such period.
10. DISPUTES:
(i)
The decision of the Chief Mechanical Engineer shall be final, conclusive and
binding on all parties to the contract upon all questions relating to the meaning of the
specifications, instructions and or any matter arising out of or relating to the
specifications and instructions concerning the works or the execution of or failure to
execute the same arising during the course of works. In no case shall the work be
stopped consequent on such a dispute arising and the work shall also be carried out by
the Tenderer strictly in accordance with the instructions of the Chief Mechanical
Engineer.
ii) Any litigation arising out of this agreement shall only be adjudicated before
the competent court of law within the jurisdiction of the Hon’ble High Court of Madras.
11.0 TERMINATION OF THE CONTRACT :
The contract shall be terminated by either side by giving three months notice in
writing. However, Chennai Port Trust reserves the right to terminate/cancel the order
for violating the terms and conditions of the contract and if the performance is not
satisfactory by giving an advance notice of 15 days time. In a continuous month if the
break in non-deployment of vehicle service is more than 15 days in any particular
month then the Trust reserves the right to cancel the order and forfeit the Security
Deposit.
12.0 GENERAL:
a. Tenderers are advised to study the Tender Document (including all the Schedules
and Annexures) carefully. Submission of Tender shall be deemed to have been done
after careful study and examination of the Tender Document with full understanding
of its implications.
b.
c.
The Tenderer is advised to inspect the site before quoting the rates.
The tenderers should specifically note that they should send their offer in line with
all conditions covered in schedule A, B and General Conditions in all respects, so as
to finalize the tender at the shortest period and also this will facilitate to return the
EMD to the unsuccessful tenderers at the earliest. The offers with deviation in any
of the conditions will be summarily rejected and the Port reserves the right to
11
further correspondence regarding the clarification will be made or not after opening
of the tender.
d.
This Tender Document is not transferable. The tenders will be opened at the Office
of the Chief Mechanical Engineer, 7th Floor, Centenary Building, Chennai Port Trust,
Chennai - 600 001, immediately after the closing time mentioned above in the
presence of the tenderers who have paid Earnest Money Deposit and Tender
Document Cost.
e.
Tenderers who have not paid the Earnest Money Deposit and Tender Fee as specified
in the tender documents will not be permitted to be present when the tenders are
opened. The Tenderers who adhere to the Trust’s pre-qualification Criteria (Cover I)
and who accepting the Trust Technical & Commercial conditions will be admitted and
should send letter of authorization with attested specimen Signature of their
representatives who are deputed to attend at the time of opening of tenders.
Representative without such authorization letters will not be permitted to be present to
witness the Tender opening. In any case, the maximum number of persons
representing the firm to witness the opening of the tender is limited to two.
f.
Tenderers should obtain temporary pass from the Port Asst. Traffic Manager
(Central Pass Section) Near Anchor Gate Building, to gain entry into the Trust’s
premises, if necessary.
g.
The bidders shall give an undertaking 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 bidders shall disclose any payments made or proposed
to be made to any intermediaries (agent etc.) in connection with the bid.
h.
Any misrepresentation of facts (or) furnishing false information by the tenderer is
liable to be blacklisted, declaring them ineligible for a stated period of time.
i.
The Port Trust reserves the right to reject any Tender which in its opinion is nonresponsive and no request for alteration, modification, substitution or withdrawal
shall be entertained by the Port Trust in respect of such Tenders.
j.
The Port Trust would have the right to review the Technical Qualification and seek
clarifications wherever necessary.
CHIEF MECHANICAL ENGINEER
CHENNAI PORT TRUST
12
TENDER FOR HIRING OF 4 NOS. DIFFERENT CAPACITY TRUCKS / LORRIES ON 12
HOURS UNDER MONTHLY BASIS FOR A PERIOD OF TWO YEARS FOR ATTENDING
CARGO HANDLING WORKS OF VARIOUS DEPARTMENTS OF CHENNAI PORT TRUST
UNDER TWO COVER SYSTEM THROUGH E-PROCUREMENT/MANUAL MODE.
TECHNICAL AND COMMERCIAL CONDITIONS
SCHEDULE – ‘A’
1.0 SCOPE OF WORK:
The scope of the work includes hiring of 4 Nos. Different Capacity Trucks / Lorries on
12 hours under monthly basis for a period of two years for attending Cargo handling
works of various Departments of Chennai Port Trust. The work also includes for
providing fuel for operation and supply of required consumable, Oil, spares etc, for day
– to – day maintenance. The contractor shall provide required numbers Drivers and
cleaner for the vehicles for 12 hrs operations. as per the Labour Act / RTO Regulation
during the contract period.
2.0 Vehicle requirement:
Category
Capacity of Vehicles
No. of vehicles. Required
1
5 Tons
1
2
3 Tons
2
3
2 Tons
1
Total
4
DURATION AND TIME: 8.00 AM to 8.00 PM
RUNNING K.M: 1500 K.M per month
3.0 ELIGIBILITY CRITERIA:
3.1 An average annual financial turn over during the last 3 years, ending 31st March 2013,
should be at least 30% of the estimated cost (i.e.) Rs.36,74,700/- The copies of last three
years audited Profit & Loss account and Balance sheet duly certified by Notary Public may
be furnished (2012-13, 2013-14, 2014-15).
3.2
Experience of having successfully completed similar works during last 7 years
ending last day of month previous to the one in which applications are invited
should be either of the following:a. Three similar completed works costing not less than the amount equal to 40% of
estimated cost i.e. Rs.48,99,600/- each work.(OR)
b. Two similar completed works costing not less than the amount equal to 50% of
estimated cost i.e.61,24,500/- each work.(OR)
c. One similar completed works costing not less than the amount equal to 80% of
estimated cost i.e. 97,99,200/- each work.
Similar works means: Supply of any said Vehicles on hire basis / Supply and manning
of any said Vehicles on hire basis to Central Government / State Government /Public
Sector under takings/ Port sector/any private organization.
13
3.3 The firm should have minimum one own said vehicle(s) in the name of the firm or
proprietor or in the name of the partner(s) in the case of partnership firm. In the case
of partnership firm, the notarized copies of the relevant documents viz., License, RC
Book, registered partnership deed etc shall be submitted along with the tender.
3.4
The Tenderer should have atleast one year similar work experience to Central
Government / State Government /Public Sector under takings/ Port sector/any
private organization. The notarized copies of the supporting documents may be
submitted along with the tender.
3.5 The vehicle should be registered on or after the year 2011. The contractor shall submit
the relevant documents to comply with the above conditions.
4.0
EVALUATION OF TENDERS:
On the day of opening, only the tenders of Qualified tenderer’s of Cover I (Technical &
Commercial Bid) alone will be opened and Cover II (Price Bid) will not be opened. All the
sealed Cover – II of various tenders will be put inside in one sealed cover in the presence of the
tenderers or their authorised representatives who are present on the date of opening and will be
kept in the safe custody of the Trust.
For the Pre-qualification stage, the Tenderers have to furnish information on their
Technical and Financial capability in Cover - I in accordance with the conditions and formats
specified in this Tender Document.
The Cover - II containing the Price Bid of all the Technically and Commercially Prequalified Tenderers will be opened in the presence of the Tenderers or their authorized
representatives, on the date and time fixed by the Chief Mechanical Engineer. The Cover - II
(Price Bid) of the Tenderers who fail to Pre-qualify shall be returned to the Tenderers
unopened.
Upon evaluation of competitive offers of both Technical & Commercial Conditions
(cover-I) and the Price Bid (cover-II), the contract will be awarded to the techno - commercially
responsive and lowest offer of the tenderer. After the award of contract, the successful
tenderer shall submit the Performance Security Deposit and enter into an Agreement with the
Trust.
The Chennai Port Trust Board do not bind themselves to accept the lowest or any
tender or part thereof and reserve the right to accept or not accept any or all of the tenders
either in whole or in part, without assigning any reason thereof and reserves to himself the
right to divide the contract between two or more Tenderers.
The Tender shall be considered responsive if:
i.
ii.
It is received by the proposed Due Date and Time.
It contains the information and documents as required in the Tender document.
iii. Contains EMD and cost of the document (wherever applicable).
iv. It contains information in formats specified in the Tender document.
14
v.
It mentions the validity period as set out in the document.
There are no significant inconsistencies between the proposal and the supporting documents.
6.0 OTHER CONDITIONS
5.1 Tenderer should furnish an undertaking that upon receipt of the order, agreeing to
furnish the details of the equipments specifications and relevant documents as per
Schedule ‘A’.
5.2 The Tenderer whose contract had been terminated prior to the Contract period by
the Chennai Port Trust earlier due to non-adhering of the contract terms and
conditions of the contract will not be considered. The Firms who are having legal
dispute with Chennai Port Trust will also not be considered for the Tender.
5.3 After satisfying all the above conditions the Vehicle shall be deployed for operation in
Chennai Port within 30 days from the date of receipt of order. After due verification
and satisfaction of the above conditions the successful Tenderer will be allowed to
deploy the vehicles.
5.4 Necessary documentary proof duly attested by Notary Public must be enclosed for
the above eligibility criteria.
5.5 In addition to supply and operation of the vehicles the charges for Insurance, Road
Tax, fuel, oil, repairs, driver and cleaner’s betta & salary, maintenance, spares,
servicing etc. are to be fully borne by the contractor.
5.6 The Trust will provide free parking area for the Vehicles. It is the responsibility of the
contractor to provide security and other repairing facilities for the Vehicles.
5.7 The contractor shall also provide entry passes to their deployed personnel at his own
cost.
5.8 The Vehicles to be provided should have valid in Tamilnadu, with full comprehensive
insurance (to cover the occupants also) and statutory requirements of Central/State
Governments, fitness certificate, pollution Control certificate, Road Tax etc,. as per the
Tamilnadu state RTO regulations.
5.9 The Vehicles shall be operated and maintained throughout the contract period. If the
Vehicles withdrawn for break-down or any other reason; alternate Vehicles of not less
than the same capacity of the said contract shall
5.10
be provided immediately with prior intimation to the authorities of the
Port Trust.
Chennai
5.11
The contractor should keep First Aid box with required medicines in each
vehicles.
5.12
The Contractor is advised to take necessary insurance at his own cost for his
employees, materials and machineries etc.
5.13
The prices quoted under the Schedule-‘A1’ by the tenderer shall be firm till the
completion of the contract. No increase in the price over and above the original rates
quoted by the Tenderer in the contract will be considered throughout the contract
period of two years except for fuel.
The Service Tax, Registration, ESI and Pan card registration are essential.
6.0 INSURANCE:
The insurance shall be as follows:
6.1
During the hire period, the Vehicles shall be kept insured by the Operator / contractor at
his expenses against all risks. The Operator and/ or insurers shall not have any right of
15
recovery against the Port on account of loss or any damage to the Vehicles.
Comprehensive Insurance policy should cover the risk for liability of life and the number
of passengers and the driver. This should also cover all riot risks.
The tenderer should deploy drivers having at least 3 years experience in driving who
have valid Driving License and personal insurance cover.
6.2
During the hire periods, the Vehicles shall be kept insured by the Operator at his expense
against protection and indemnity risks in such form as the Port shall in writing
approve, which approval shall not be unreasonably withheld. If the Operators fail to
arrange and keep any of the insurance provided, the Port shall notify Operator
whereupon the Operator shall rectify the position within seven running days.
6.3
In the event of any act or negligence on the part of the Operator which may vitiate any
claim under the insurance herein provided, the Operator shall indemnify the Ports against
all claims and demands which would otherwise have been covered by such insurance.
7.0 DISCIPLINE:
The Contractor shall ensure that no driver either under the influence of alcohol
or under stress be deployed for Chennai Port Trust’s service. Chennai Port
Trust reserves the right to subject the drivers for alcohol consumption test at
random by Trust Medical Officer.
8.0 SAFETY AND SECURITY: The Contractor shall ensure that all safety and security regulation of Chennai Port
Trust. The applicable mandatory regulations as stipulated by RTO must be complied
with. Chennai Port Trust being a protected Industry the person deployed by the
Contractor for this service will not indulge in any illegal/Anti social/ anti-national
activities. Chennai Port Trust will not be liable for any altercation/accident during the
contract period.
9.0
RATES AND TAXES:
The rate quoted in Schedule - ‘A1’, should be as per the enclosed schedule of rates in
the detailed manner and shall include all Taxes and other duties which shall be
mentioned separately. In case Government imposes any additional levies or taxes on
this service during the contract period, the same will be reimbursed only on production
of documentary evidence.
10.0 EXTENSION OF CONTRACT: At the expiry of the contract period, Chennai Port Trust
reserves the right to extend the service for a further period of 1 Year at the same rates,
terms and conditions.
11.0 ESCALATION AND DE-ESCALATION OF FUEL PRICE:
The charges shall remain firm during the period of contract except for variation in
fuel cost alone and escalation shall be applicable from the date of Opening of tender as
per the following formula :.
Increase/decrease in the amount
Adjustable towards variation in fuel cost = ((Dn-Do) x K)/4
16
Do- The rate of diesel per litre prevailing as on date of opening of Tender as per IOC /
HP / BPC outlet of Chennai.
Dn - The prevailing rate of diesel per litre as per IOC / HP / BPC outlet of Chennai during
the month of operating the Foam tender.
K - Total number of Kms run after variation in the fuel price for the month.
Note: On claiming the escalation of fuel, the consumption of fuel should be
approved by Chennai Port Trust.
12.0 PAYMENT:100% Payment will be made once in a month on submission of trip sheets
signed & dated by the Dept along with separate bills for the Vehicles in the prescribed
format after deducting Income Tax, penal charges, ESI charges and other applicable
deduction if any from the monthly bill and will be processed and certified by the Dept
after due verification.
The contractor shall give the PAN No. for Tax deducted at source and required
details to the user department for approval and recommendation of payment.
To make payment through ECS, contractor shall furnish the following:
Name of the Bank and Branch details
Account Number and
MICR Number
Type of Account
CST / VAT Number
PAN Number
IFSC No.
ST Regn. No.
& ESI Regn. No.
13.0 PENALTY:
a) If the non-deployment period is within 12 hours the penalty shall be calculated and
deducted on hourly basis or part thereof by dividing the daily hire rate by twelve
(12)
b) No payment will be made for the non deployment of Vehicles for any particular day.
c) If the Vehicles remains non-operational due to breakdown or for any other reason
continuously then penalty will be levied as follows in addition to non-payment of hire
charges:
From the time and date of such non-Availability / In-operation:
Upto 7 days
:
15% of hire charges per day
or part thereof
From 8 days to 15 days
:
30% of hire charges per day
Or part thereof
Above 15 days
14.0
:
Trust reserves the right to cancel the order and
forfeit the Performance Security Deposit
LIQUIDATED DAMAGES :
The successful tenderer shall start operating the Vehicles services within 30
days from the date of receipt of the order. Any delay in commencement of operation
beyond 30 days from the above said condition will attract Liquidated damages by way
of penalty of ½ % per week of the total contract value subject to a maximum of 10%.
15.0 ESI CLAUSE AND CONTRIBUTION
The details of employees proposed to be engaged shall be furnished to this office before
17
the commencement of the work.
i.
ii.
iii.
16.0
As per the Govt. Notification dt. 20.7.09, Chennai Port Trust has registered under
the ESI Act on 26.9.2012 with ESI Corporation and provision of ESI Act, 1948 are
applicable to Chennai Port Trust, a Social Security Act, is applicable to Factories
using power and employing 10 or more personnel and establishment employing
20 or more persons and drawing wages / salary upto Rs.15,000/- per month.
Workers covered under ESI Act, are entitled of sickness, maternity and employment
injury. Accordingly, the contractual / casual employees drawing wages upto
Rs.15,000/- per month employed either directly by Port Trust or through contractor
are covered under ESI Act, 1948. It is obligatory on the part of the employer to
calculate and remit ESI contribution comprising of employers’ share of 4.75% plus
employees’ share of 1.75% which is payable on or before 21st of the following
month, to which the salary relates.
In case of Contractor employs more than 20 employees, they should register their
name with ESI as per ESI Act, 1948 and obtain ESI Code. Both Employers share of
4.75% and Employees contribution of 1.75% (recovered from employees), totally
6.5% to be paid as contribution to ESI in their Code on or before 21st of following
month to which the salary relates and acknowledgement for the same shall be
submitted to the Port while claiming the bill. The bill without the acknowledgement
of ESI contribution will not be entertained. In case the contractor has not paid the
ESI contribution same will be recovered in the running bill and paid to the ESI
Corporation in contractor’s code. The delay in payment of contribution payable
under the Act may be recovered as an arrear of Land Revenue.
In case the contractor employs less than 20 employees, the list of employees’
names, their father’s name, identification proof, one passport photo shall be
submitted to the Port Trust. The contribution of ESI amount, both Employers share
of 4.75% and Employees contribution of 1.75% (recovered from Employees salary),
totally 6.5% shall be paid by the contractor in the Chennai Port Trust Code on or
before 21st of the following month to which the salary relates or otherwise payment
to the contractor will be withheld. If the contractor fails to comply with the above
instruction, then the Principal Employer (Chennai Port Trust ) will make payment to
the ESI Corporation. Such amount will be deducted from any amount due to the
contractor. The delay in payment of contribution payable under the Act may be
recovered as an arrear of Land Revenue.
REMOVAL OF WORKMEN:
The Tenderer shall employ in and around the execution of the works only such persons
who are careful, skilled and experienced, in their trades. The Chief Mechanical
Engineer/Deputy Conservator / C.E shall be at liberty to object to and require the Tenderer
to remove from the works any persons employed by the Tenderer in or about the
execution of the works who in the opinion of the Chief Mechanical Engineer/Deputy
Conservotor/C.E misconducts himself or incompetent or negligent in the proper
performance of his duties and such persons shall not be again employed upon the works
without the written permission of the Chief Mechanical Engineer/Deputy Conservator/C.E.
17.0
AMENDMENT TO TRUST TENDER DOCUMENT :
The Trust may for any reason and at any time prior to the deadline for submission of
tender, whether at its own initiative or in response to clarifications requested by the
Tenderer, modify the Trust Tender Document by the issuance of Addendum.
The Tenderers will have to regularly check the Trust’s website
www.chennaiport.gov.in and CPP Portal www.eprocure.gov.in for any
addendum published. The Trust will not be held responsible if the tenderers
have not read the addendum published.
18
In order to offer reasonable time for the prospective Tenderer to take an Addendum
into account, or for any other reason, the Chennai Port Trust may, at its discretion,
extend the Tender due date, if considered necessary.
Any Addendum thus issued to all the Tenderers and Tender Committee Meeting shall
form part and parcel of the Agreement.
CHIEF MECHANICAL ENGINEER
19
TENDER FOR HIRING OF 4 NOS. DIFFERENT CAPACITY TRUCKS / LORRIES ON 12
HOURS UNDER MONTHLY BASIS FOR A PERIOD OF TWO YEARS FOR ATTENDING
CARGO HANDLING WORKS OF VARIOUS DEPARTMENTS OF CHENNAI PORT TRUST
UNDER TWO COVER SYSTEM Through e-procurement/Manual mode.
SCHEDULE – ‘A1’
PRICE SCHEDULE
Category.
Capacity of
Vehicle.
Qty. in Nos.
1
5 Ton
1
2
3 Ton
2
3
2 Tons
1
Rate / Month /Vehicle.
in Rs.
Amount for 2
years.
in Rs.
TOTAL
Service Tax @-----%
GRAND TOTAL
II
--- Extra Hour Rate
Rs. ---------
III
--- Extra Kilometer Rate Rs. ----------
Signature of the TENDERER
SEAL:
DATE:
Note: The price quoted should be firm inclusive of all Taxes and duties.
20
SCHEDULE – ‘B’
SPECIAL CONDITIONS OF TENDER
1.
It shall be open to the CME/C.E and the Deputy Conservator to nominate one or more
of his representative to supervise the work.
2.
It shall be entirely to the Contractor’s responsibility to take required steps to adequately
safeguard the personnel carrying out the work and to ensure that the work is carried out in
such a manner that maximum safety to the personnel is assured.
3.
COMPLIANCE WITH STATUTES, REGULATIONS ETC.
The Tenderer shall comply in all respects with the provisions of any such statute,
ordinance or law as aforesaid and the Regulations of Bye-Laws of any local or other duly
constituted authority which may be applicable to the work or to any temporary work and with
such rules and regulations of public bodies and indemnify the Board against all penalties and
liabilities of every kind for breach of any such Statute, ordinance of Law Regulation of Bye-Law.
4.
ALCOHOLIC LIQUOR OR DRUGS:
The Tenderer shall not otherwise than in accordance with the Statutes, ordinances and
Government Regulations or Orders for the time being in force import, sell, give, give barter or
otherwise dispose of any alcoholic liquor or drugs or permit or suffer any such importation, sale
gift barter or disposal by his agent or employees.
5.
ARMS AND AMMUNITION:
The Tenderer shall not give, barter or otherwise dispose of to any person or persons
any arms or ammunition of any kind or permit or offer the same as aforesaid.
6.
DISORDERLY CONDUCT ETC:
The Tenderer shall at all times take all responsible precautions to prevent any unlawful
activity disorderly conduct by or amongst his employees and for the preservation of peace and
protection of persons and property in the vicinity of the work against the same.
7.
TIMINGS:
The timings shall be maintained for the Vehicles as per the schedule.
8. PERSONAL PROTECTIVE EQUIPMENT: (PPE)
The Contractor shall be solely responsible, at his own cost, for the supply of required
PPE to his workers and staff and he shall also ensure the use of PPE.
21
9
GENERAL CONDITIONS :a. (i)The Tenderer shall conform to and comply with the regulations and bye-laws of
the State or Central Government or of the Board and of all other local authorities such
as Corporation of Madras, the Government, Customs and Police Departments, Fire
Services, the provisions contained in the various Labour Acts enacted by the State
Legislature and Central Parliament in force and the rules made there under including
those under Minimum Wages Act, Factories Act, Dock Safety Regulation, the Indian
Electricity Act and rules framed under it, Workmen Compensation Act, Provident Fund
Regulations Act, Employees Provident Fund Act, 1961 and scheme made under the said
Act, Health and Sanitary arrangements for workers etc. and contract Labour (Regulation
and Abolition) Act, 1970 and the contract (Regulation and Abolition) Central Rules, 1971
etc. for welfare and protection of works, workers or for the safety of the public and
other insurance provisions.
(ii)
The Board shall not be liable for the failure of the Tenderer in conforming to the
provision of the Acts, Rules and regulations etc., referred to in the above para and in case
of any contravention of the provisions of the Acts, Rules regulations etc. the Tenderer shall
keep the Board indemnified against any loss, cost and damage in the event of any action
being taken for contravention.
(b)
All payments made by the Board to the Tenderer, under this contract, shall be
rounded off to the nearest rupee.
(c)
It must be clearly understood that the rates mentioned in Schedule `A1' are
inclusive of everything required to be done by the conditions of the contract and
specifications and also all such work as is necessary for the proper completion of the
contract although special mention thereof may have been omitted in the specification.
(d) The Tenderer shall carry out the works strictly in accordance with the contract to the
satisfaction of the user Departments and shall comply with and adhere strictly to his
instructions and directions on any matter. The Tenderer shall take instructions and
directions only from the Concern user Departments or his authorized representative.
(e) (i)The Tenderer shall be responsible for all structural or decorative damage to Board's
or his own property and injury caused by the works or workmen in his employment to
persons, animals or things and shall indemnify the Board against any claims or actions
arising there from.
(ii)
The Tenderer shall be solely responsible for reporting the Board and Police
Department immediately after any serious or fatal accidents at any place belonging to the
Board including premises leased, to the Board and to any of his employees/ workmen
engaged by him.
(f)
The Tenderer shall not house any of his workmen at or near the site. He shall not
construct any structure, even of a temporary nature for any other purpose on Board's
premises except with the written permission of the Concern user Departments and any
such construction so put up shall be removed by the Tenderer whenever the Trust calls
upon the Tenderer to remove.
(g)
Contractor shall be solely responsible for any damage to the Trust property.
(j)
Contractor shall not engage the driver/cleaner below 18 years of age. The Driver
should not have been challenged for speeding, drunken driving or a fatal accident. The
Driver should be in neat & clean Uniform and he should have daily and groom his hair
accordingly.
(k)
The tenderer shall nominate one person to Chennai Port during the Contract
period to co-ordinate with Concern Dept officials for maintenance of necessary records
22
and monthly payment. Maintenance of necessary records such as Trip sheets, logbook
etc., shall be the responsibility of Contractor.
(l)
The tenderer shall provide required no of Driver & Cleaner for the Vehicles for
operation and as per Labour Act / RTO regulation Act.
(m)
The Vehicles shall be fitted with ‘Spark Arrester’ for the safety reason to enter
into the Oil Dock area and the Vehicles should have safe locking and easy unlocking
attachment.
(n) The Controlling, monitoring of vehicles and Trip sheets shall be checked by the
Concern officials.
(o)
The frequent change of drivers by the supplier should be restricted and except
in emergency case, the change of driver should be with prior notice of at least 3 days
and there should be a cap as to how many drivers can be changed in 12 months for one
Vehicles.
( p)
The tenderer shall not sub-let the contract.
CHIEF MECHANICAL ENGINEER.
23
SCHEDULE `C'
GENERAL CONDITIONS OF TENDER
1.0 DEFINITIONS AND INTERPRETATIONS
In the contract (as hereinafter defined) the following words and expressions shall have
the meanings hereby assigned to them except where the context otherwise required:a. BOARD" means the
Trustees of the Port of Chennai
a body
corporate under Major Port Trusts' Act of 1963 as amended
from time
to
time.
b. "C.M.E.” means the Chief Mechanical Engineer of the Chennai Port Trust.
"C.E.” means the Chief Engineer of the Chennai Port Trust.
"D.C.” means the Deputy Conservator of the Chennai Port Trust.
c. "CHIEF MECHANICAL ENGINEER'S REPRESENTATIVE" means any Resident
Engineer or Assistant of the Chief Mechanical Engineer deputed from time to time
by the Chief Mechanical Engineer to perform the duties as may be specified in this
contract.
d.
"CONTRACTOR" means person or persons, firm or company whose contract has
been accepted by the Board and includes Tenderer’s personal representatives,
successors and permitted assigns.
e.
"CONTRACT" means the Conditions of contract, Specifications, Drawings, schedule
of items of work within quantities and rates therein, contract and contract
agreement.
"CONTRACT PRICE" means the sum named in the contract subject to such
conditions thereto or deductions there from as may be made under provisions
hereinafter contained.
f.
g.
"SITE" means the lands and
other places on/under/in/of, through which the
'work ' are to be executed or carried out and any other lands or places provided by
the Board for the purposes of the TENDER.
h. "WORKS" means the works to be executed in accordance with the TENDER under
the relevant schedules.
2) It is to be specially noted that this tender does not come within the purview
of the system of registration of approved suppliers in vogue with the Trust
and no relaxation with regard to payment of Earnest Money Deposit and
Performance Security Deposit will be made on the grounds that the tenderers
are on the approved list of the D.G.S&D, Railways etc.
3) LANGUAGE: The Tender and all related correspondence and documents shall be
written in English language. The Technical details, relevant drawings and other
information shall be provided in English only.
24
4) Email offers will be treated as defective, invalid and rejected. Only detailed
completed offers received as specified, prior to the closing time and date of the tender
will be taken as valid.
5) NATIONAL SECURITY: While evaluating the Tenders, regard would be paid to
National defence and security / safety considerations. Offer received from any
Tenderer may be summarily rejected on national security consideration without any
intimation thereof to the Tenderer.
6) VALIDITY The prices quoted by the tenderer must be firm and should hold good at
least for 180 days from the date of opening of the tender.
7) INDEMNIFICATION:
The Contractor shall indemnify, protect and defend at its own cost, CHENNAI
PORT TRUST and its agents & employees from & against any/all actions, claims, losses
or damages arising out of
a.
any violation by the Contractor in course of its execution of the contract of any
legal provisions or any right of third parties;
b.
Contractor’s failure to exercise the skill and care required for satisfactory
execution of the contract.
CHIEF MECHANICAL ENGINEER,
CHENNAI PORT TRUST.
25
ANNEXURE - I
FORM OF AGREEMENT
MEMORANDUM OF AGREEMENT MADE THIS
day of Two Thousand
and Fifteen at Chennai between the Board of Trustees of the Port of Chennai (a body corporate
under Major Port Trusts' Act,1963 as amended from time to time) hereinafter called the 'BOARD'
of the ONE PART
and
Messrs
hereinafter called the ' Contractor' on the OTHER PART.
WHEREAS the Board is desirous for TENDER FOR HIRING OF 4 NOS. DIFFERENT
CAPACITY TRUCKS / LORRIES ON 12 HOURS UNDER MONTHLY BASIS FOR A PERIOD OF
TWO YEARS FOR ATTENDING CARGO HANDLING WORKS OF VARIOUS DEVELOPMENTS OF
CHENNAI PORT TRUST THROUGH E-TENDER.
and has drawn up, a schedule of specification Schedule 'A', Schedule of quantities and prices –
Schedule A1, Schedule of Special Conditions - Schedule 'B' and a schedule of General Conditions of
TENDER - Schedule ‘C’ and whereas the Contractor has agreed to supply, maintenance and
operation of the Vehicles referred to in Schedule ‘A’ at the rates noted in Schedule ‘A1’ therein and
subject to the Schedule of Special Conditions of supply Schedule – B and a Schedule of General
Conditions of TENDER Schedule ‘C’ herein referred to as the "said conditions" and as security for
the due fulfilment of all conditions of this TENDER, the Contractor has deposited a sum of Rs. ---------/- (Rupees
only) towards Security Deposit.
NOW it is hereby agreed as follows:
1.
In consideration of the sum to be paid at the time and in the manner set-forth in
the said conditions the Contractor will upon and subject to the said conditions supply,
maintenance and operation described in Schedule 'A' with such variations as provided for in the
said conditions.
2.
The said conditions shall be read and construed as forming part of this agreement
and the parties hereto will respectively abide by and submit themselves to the conditions and
stipulations and perform the agreement on their parts respectively.
3. (i)
The decision of the Chief Mechanical Engineer shall be final, conclusive and binding on all
parties to the contract upon all questions relating to the meaning of the Specifications, designs,
drawings and instructions hereinbefore mentioned and as to the quality workmanship or materials
used on the work or any matter arising out of or relating to specifications, designs and drawings
and instructions concerning the work or the execution of or failure to execute same, arising during
the course of bus operation and the guarantee period. The above shall not be subject of the
arbitration and in no case shall the work be stopped consequent on such a dispute arising and the
work shall also be carried out by the Contractor strictly in accordance with instructions of the Chief
Mechanical Engineer.
(ii) If the Contractor claims that the decisions or the instructions of the Chief Mechanical
Engineer are unjustified, and that accordingly he is entitled to extra payment, on account thereof,
he shall forthwith notify this to the Chief Mechanical Engineer to record his decisions and the
reasons thereafter in writing and shall within two weeks state his claims in writing to the Chief
Mechanical Engineer.
(iii) The Chief Mechanical Engineer shall thereafter within four weeks of the receipt of the
claims, reply to the points raised in the claims. Unless resolved by negotiations or discussion
26
immediately thereafter within a further four weeks, the question of liability of such payment will be
treated as one of dispute.
“Any litigation arising out of this Agreement, shall only be adjudicated before the
competent court of Law within the jurisdiction of Hon ’ble High Court of Madras’’.
IN WITNESS WHEREOF, the parties hereunto have set their hands and seals the day year
first above written. The agreement is executed at Chennai.
The common seal of the Board Trustees of the
Port of Chennai represented by its Chairman
was hereunto affixed and
Shri
Chief Mechanical Engineer
thereof has hereunto set his
Hand in the presence of
1.
CHIEF MECHANICAL ENGINEER.
The signature is made on behalf of and by
authority from the Chairman of the Board of
Trustees of the Port of Chennai, under Section
34(i) of the Major Port Trusts Act, 1963.
Signed and sealed by the Contractor in the
presence of
1.
2.
TENDERER.
27
ANNEXURE - II
FORMAT FOR POWER OF ATTORNEY.
Dated:_________
POWER OF ATTORNEY
To Whomsoever It May Concern
Mr. _________________ (Name of the Person(s)), domiciled at __________________
(Address), acting as __________(Designation and name of the firm), and whose
signature is attested below, is hereby authorized on behalf of _____________ (Name of
the Tenderer) to provide information and respond to enquiries etc. as may be required
by the Port Trust or any governmental authority for the (project title)____________and
is hereby further authorized to sign and file relevant documents in respect of the above.
(Attested signature of Mr. __________ )
For _____________ (Name of the Tenderer)
For _____________ (Name of the Tenderer)
28
ANNEXURE – III
ADVANCE STAMPED RECEIPT
Received from the Chairman, Chennai Port Trust, Chennai – 600 001,
for a sum of Rs.
/- (Rupees
only) being the refund of the Earnest Money
Deposit deposited by us towards the Tender for hiring of 4 Nos. Different Capacity Trucks /
Lorries on 12 hours under monthly basis for a period of two years for attending Cargo handling
works of various Departments of Chennai Port Trust through e-Tender Tender No.
MEE/03/2015/Dy.CME(R&D).
Station :
Signature
Revenue
Stamp
Date & Stamp
29
ANNEXURE - IV
Specimen Bank Guarantee Form for Performance G u a r a n t e e
(To be executed on Rs.100/- non-judicial Stamp Paper)
[The bank, as requested by the successful Tenderer, shall fill in this form in accordance with
the instructions indicated]
1.
In consideration of the Board of Trustees of the Port of Chennai, Chennai – 600 001,
Tamilnadu incorporated by the Major Port Trusts Act, 1963 as amended by Major Port
Trust (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 Chennai, its s u c c e s so rs a nd a s sig ns)
h a v i ng a gr e ed t o e x emp t ( Na m e o f t h e Co nt ra c t or / s (hereinafter called the
“Contractor/s") from the demand under the terms and conditions of the Contract, vide
Chief Mechanical Engineer letter No ___________________ d a t e _ _ _ _ _ _ _ _
between
the
Contractors
of________________________
covered
dated______ ( h e r e i n a f t e r
the
and
under
cal led
the
Tender
"the
Board
for
made
execution
No_______________________
said
co ntract")
for
payment of Performance Guarantee in cash or Lodgement of Government
Promissory Loan Notes for the due fulfilment by the said Contractors of the terms and
conditions
of
the
said
Contract,
on
production
of
a
Bank
Guarantee
for
Rs.______________(Rupees _________________________) 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.
2.
We, _____________________
Bank)
______________________ do hereby
(Name
of
(Name of Branch)
undertake to pay the amounts due and payable under this guarantee without any demur
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 conditions of the
30
said contract or by reason of the Contractors failure to perform t h e s a i d
contract. Any such demand made on the Bank shall be conclusive as
regards the amount due and payable by the Bank under this Guarantee
H o w e v e r , o u r l i a b i l i t y u n d e r t h i s g u a r a n t e e shall be restricted to any amount not
exceeding Rs.________________________ (Rupees____________________________ only).
3.
We, _______________________________ undertake to pay to the Board any
(Name
of
Bank and Branch)
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 our 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.
4.
We, _______________________________ further agree with the Board that the
(Name of Bank and Branch)
guarantee herein contained shall remain in full force and effect during the period that would be
taken for 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 claims satisfied
or discharged or till the __________________________________________ of the Port Trust
certifies that the
(Name of the user department)
terms and conditions of the said contract have been fully and properly carried out by the said
Contractors and accordingly discharge this guarantee PROVIDED HOWEVER that the Bank
shall be at the request of the Board but at the cost of the Contractors, renew or extend this
guarantee for such further period or periods as the Board may require from time to time.
5.
We, _______________________________ further agree with the Board that the
(Name of Bank and Branch)
Board shall have the fullest liberty without our consent and without affecting in 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 Contractors and to forebear or enforce any of the terms and
conditions relating to the said contract and we shall not be relieved from our liability by reason of
any such variation or extensions being granted to the Contractors or for any forbearance, act or
omission on the part of the Board or any indulgence shown by the Board to the Contractors 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.
This guarantee will not be discharged due to the change in the constitution of the Bank or the Contractor(s).
31
It is also hereby agreed that the Courts in Madras 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 o n l y
and only if you serve upon us a written claim or demand on or before----- - - - - - - - - - - (date of expiry of Guarantee)."
Date
day of ____________ 20
For (Name of Bank)
(Name)
Signature
32
ANNEXURE - V
INTEGRITY PACT
Between
CHENNAI PORT TRUST (ChPT) hereinafter referred to the “The Principal”
And ...hereinafter referred to as “The Bidder/Contractor”
Preamble
The Principal intends to award, under laid down organizational procedures, contract/s
for....The Principal values full compliance with all relevant laws of the land, rules, regulations,
economic use of resources and of fairness/transparency in its relations with its Bidder(s) and / or
Contractor(s).
In order to achieve these goals, the Principal will appoint an Independent External Monitor (IEM),
who will monitor the tender process and the execution of the contract 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 tender for, or the execution of a contract, demand, take a
promise for or accept for self or third person, any material or immaterial benefit
which the person is not legally entitled to.
b)
The Principal will, during the tender process, treat all Bidders(s) with equity and
reason.
The Principal will in particular before and during the tender process,
provide to all Bidder(s) the same information and will not provide to any Bidder(s)
confidential / additional information through which the Bidder(s) could obtain an
advantage in relation to the tender process or the contract execution.
c)
(2)
The Principal will exclude from the process all known prejudiced persons.
If the Principal obtains information on the conduct of any of its employees which is a
criminal offence under the IPC/PC Act, or if there be a substantive suspicion in this
regard, the Principal will inform the Chief Vigilance Officer and in addition can initiate
disciplinary actions.
Section 2 - Commitments of the Bidder(s)contractor(s)
(1)
The
Bidder(s)/Contractor(s)
commit
himself to take
all
measures
necessary to
prevent corruption. He commits himself to observe the following principles during his
participation in the tender process and during the contract execution.
33
(a)
The Bidder(s)/Contractor will not, directly or through any other person or firm,
offer, promise or give to any of the Principals employees, involved in the tender
process or the execution of the contract or to any third person any material or
other benefit which he/she is not legally entitled to, in order to obtain in exchange
any advantage of any kind whatsoever during the tender process or during the
execution of the contract.
(b)
The Bidders/Contractor(s) will not enter with other Bidders into any undisclosed
agreement or understanding, whether formal or informal. This applies in particular
to prices, specifications, certificates, 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(s)/Contractor(s) will not commit any offence under the relevant
IPC/PC Act ; further the Bidder(s)/Contractor(s)
will not use improperly, for
purpose 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(s)/Contractor(s) of foreign origin shall disclose the name and address
of the Agents/representatives in India, if any. Similarly the Bidder(s)/Contractor(s)
of Indian Nationality shall furnish the name and address of the foreign principals,
if any. Further details as mentioned in the Guidelines on Indian Agents of
Foreign suppliers” shall be disclosed by the bidder(s)/Contractor(s).Further as
mentioned in the Guidelines all payments made to the Indian agent/representative
have to be in Indian Rupee only. Copy of the “Guidelines on Indian Agents of
Foreign Suppliers” is annexed and marked as Annex.
(e)
The Bidder(s)/Contractor(s) 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 contract.
(2)
The Bidder(s)/Contractor(s) will not instigate third persons to commit offences outlined
above or be an accessory to such offences.
Section 3- Disqualification from tender process and exclusion from future contracts.
If the Bidder(s)/Contractor(s), before award or during execution has committed a transgression
through a violation of Section 2, above or in any other form such as to put his reliability or
34
credibility in question, the Principal is entitled to disqualify the Biddder(s)/Contractor(s) from the
tender process or take action as per the procedure mentioned in the “Guidelines on Banning of
business dealings”. Copy of the “Guidelines on Banning of Business dealings” is annexed and
marked as Annex-B.
Section 4 -Compensation for damages
(1)
If the principal has disqualified the Bidder(s) 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 of the contract value or the
amount equivalent to Performance Bank Guarantee.
Section 5 - Previous transgression
(1)
The Bidder declares that no previous transgressions occurred in the last 3 years with any
other Company in any country conforming to the anti-corruption approach or with any
other Public Sector Enterprise in Indian that could justify his exclusion from the tender
process.
(2)
If the Bidder makes incorrect statement on this subject, he can be disqualified from the
tender process or action can be taken as per the procedure mentioned in ”Guidelines on
Banning of Business dealings”.
Section - 6 - Equal treatment of all Bidders/Contractors/Subcontractors
The Bidder(s)/Contractor(s) undertakes(s) to demand from all sub contractors a commitment in
conformity with this Integrity Pact and to submit it to the Principal before contract signing.
Section 7 - Criminal charges against violating Bidder(s)/Contractor(s/Sub contractor(s)
If the Principal obtains knowledge of conduct of a Bidder, Contractor or Sub contractor 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 same to the Chief Vigilance Officer.
Section 8 - independent External Monitor/Monitors
(1)
The principal appoints competent and credible independent External Monitor for this Pact.
The task of the Monitor is to review independently and objectively, whether and to what a
extent the parties comply with the obligations under this agreement.
(2)
The Monitor is not subject to instructions by the representatives of the parties and
performs his functions neutrally and independently .He reports to the Chairman, CHENNAI
PORT TRUST.
35
(3)
The Bidder(s)/Contractor(s) accepts the monitor has the right to access without restriction
to all Project documentation of the Principal including that provided by the contractor.
The contractor will also grant the Monitor, upon his request and demonstration of a valid
interest, unrestricted and unconditional access to his project documentation. The same is
applicable to Sub-contractors. The Monitor is under contractual obligation to treat
the information and documents of the Bidder(s)/Contractor(s)/Sub contractor(s) 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 Contractor. The parties offer to the
Monitor the option to participate in such meetings.
(5)
As soon as the Monitor notices, or believe to notice, a violation of the agreement, he will
so inform the Management of the Principal and request the Management to discontinue or
take corrective action, or to take other relevant action. The monitor can in this regard
submit nonbinding 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 Chairman/ChPT within 8 to10 weeks from
the date of reference or intimation to him by the Principal and. should occasion arise,
submit the proposal for the correcting problematic situations.
(7)
Monitor shall be entitled to compensation on the same terms as being extended to /
provided to Independent Trustees on the CHPT Board.
( 8)
If the Monitor has reported to the Chairman CHPT, a substantiated suspicion of an
offence under relevant IPC/PC Act, and the Chairman/ChPT has not, within the
reasonable time taken visible action to proceed against such offence or reported it to the
Chief Vigilance Officer, the Monitor may also transmit this information directly to the
Central Vigilance Commission.
(9) The word”Monitor” would include both singular and plural.
Section 9 - Pact Duration
This Pact begins when both parties have legally signed it .It expires for the Contractor 10 months
after the last payment under the contract and for all other Bidders to monitor after the contract
has been awarded. If any claim is made/lodged during this time, the same shall be binding and
36
continue to be valid despite the lapse of this pact as specified above unless it is
discharged/determined by Chairman/CHPT.
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 New Delhi.
(2)
Changes and supplements as well as termination notices need to be made in writing. Side
agreements have not been made.
(3)
(4)
If the contractor is a partnership or a consortium, this agreement must be signed by all
partners or consortium members.
Should one or several provisions of this agreement turn out to be invalid, the remember
of this agreement remains valid. In this case, the parties will strive to come to an
agreement to their original intentions.
(For & On behalf of Principal)
(For & On behalf of Bidder/Contractor)
(Office Seal)
(Office seal)
Place...
Date ...
Witness 1 :
(Name & Address) _____________________
Witness 2 :
(Name & Address) ______________________
37
CHECK LIST TO BE FILLED BY THE TENDERER – COMMERCIAL
Sl. No.
1.
2.
DESCRIPTION
EMD and Tender Fee enclosed
Yes/ No
Yes/ No
Tender Document signed and sealed in all pages
Enclosed
3.
YES/NO
Notarized
copy
of
work
order,
Completion
Certificates for the respective work order indicating the
order reference and order value for which the work order
Yes/ No
was executed.
4.
Enclosed
Annual
Financial
Turnover
(Profit
&
Loss)
statement for the year 2011 - 12, 2012 – 13 and 2013 - 14
duly certified by Charted Accountant (C.A)
5
Enclosed Notarized Completion Certificate for the respective
work order indicating the order reference and order value
Yes/ No
Yes/ No
for which the work order was executed.
6
Agreed all Trust’s Terms and Conditions.
Yes/ No
TENDERER SIGN WITH SEAL.
38