KAMARAJAR PORT LIMITED (A MINIRATNA GOVT OF INDIA ... 5Ot bp tugs... · kamarajar port limited (a miniratna govt of india undertaking) marine dept addendum/ corrigendum notice no:

KAMARAJAR PORT LIMITED

(A MINIRATNA GOVT OF INDIA UNDERTAKING)

MARINE DEPT

ADDENDUM/ CORRIGENDUM NOTICE NO: 2

Tender Ref No: KPL/MS/TUGS/50T/2017 Date: 21.08.2017

Sub: “RE-TENDER FOR CHARTERING OF Two (2) Nos 50T Bollard Pull Tug At 90% MCR (Two Covers System) for a period of 7 years and Extendable up to maximum of Two (2) years” at the discretion of KPL.

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

as Annexure- 1

(1) Page No.28 clause 2.1 Definitions and Interpretations 2.1.7 (a) inserted as below

“TERMS AND CONDITIONS means entire tender document including schedules and memorandum".

Also Serial Nos. 1.1.2,1.1.3,1.1.4,1.1.5,1.1.6,1.1.7,and 1.1.8 to be read as

2.1.2,2.1.3,2.1.4,2.1.5,2.1.6,2.1.7 and 2.1.8

(2) Page No.98 schedule - X TECHNICAL SPECIFICATION OF TUGS OFFERED serial No.29 inserted

as below

Special conditions: (to be filled by the bidder in accordance with 3.1 q of scope of work of charter)

(3) Page No.52 clause 3.1 TECHNICAL SPECIFICATION s point no (d) to read as below

Steady/sustained bollard pull of not less than the required bollard pull at 90% MCR and should be capable of pulling and pushing simultaneously from either forward or aft of the tugs depending on the mode used for operations that is forward and or aft of the tugs. Also the tug should have arrangement and capable to pull from forward and aft of the tugs.

(4) Page No.52 clause 3.1 TECHNICAL SPECIFICATION s point no (q) (2) to replaced as below

ASD or Similar tug should be capable for Push and Pull simultaneously from forward of tug including

smaller vessels having minimum freeboard of 2.5 mtrs, and the bollard pull test certificate should be

submitted accordingly.

(5) Page No.43 clause no.2.27 BOLLARD PULL TEST third paragraph to be replaced as below

Bollard pull test certificate (issued by IRS/IACS/Builder) to be uploaded for the technical evaluation

purpose. However bollard pull test as required will be done in the presence of IRS and KPL at contractor’s

cost in ahead direction for other tugs and astern directions for ASD/ Similar tugs or as the case may

be.

(6) Page No.75 clause no.4.27 BOLLARD PULL TEST third paragraph to be replaced as below

Bollard pull test certificate (issued by IRS/IACS/Builder) to be uploaded for the technical evaluation

purpose. However bollard pull test as required will be done in the presence of IRS and KPL at contractor’s

cost in ahead direction for other tugs and astern directions for ASD/ Similar tugs or as the case may

be.

(7) Page No.53 Clause3.1 TECHNICAL SPECIFICATIONs point(n) to be read as below

2 Nos. of 110m long on the drum and spare 2 Nos. of 110m long polypropylene ropes for towing purpose.

(8) Page No.32 Clause2.4 last paragraph to be deleted

“The conditions of the tender document shall remain unaltered” – stands deleted.

(9) Page No.64 Clause4.4 last paragraph to be deleted

“The conditions of the tender document shall remain unaltered” – stands deleted.

(10) Page No.12 Clause1.6.15 to be read as below

The Crafts offered by the Bidder as per the technical specification submitted by them in the Schedule X shall

only be deployed for operation if the offer of the Bidder is accepted. Upon acceptance the offered Tugs should

be made available within 90 days from the issuance of letter of award and the contractor should complete all

the tests prescribed and submit certificates to GM (MS) or his representatives and thereby commence

operations within a week after acceptance.

However, in case the Bidder is not in a position to deploy the offered tugs as stated above, Bidder will be

allowed to provide sister/ similar Crafts or substitute Crafts with similar/better specification (in sea worthy

and efficient condition) and should be in possession of all necessary valid certificates after acceptance by KPL.

In case, the fuel consumption of the sister/ similar/substitute Crafts at 100% MCR exceeds the fuel oil

consumption of offered tugs at 100% MCR, then the port would recover the cost towards the excess

consumption of fuel, as per the following formula:

1) Fuel oil Consumption in litres/hour at 100% MCR of sister/substitute tug(s) = A 2) Fuel Oil Consumption in litres/hour at 100% MCR of offered tug(s) = B 3) Cost of fuel (prevailing IOC Rate) = C 4) Actual running hours = D 5) Cost to be recovered = (A-B)xCxD

A & B will be calculated based on F.O. consumption of main engine at 100% MCR for both engine + F.O.

consumption of auxiliary engine of generator at 100% MCR per hour

MCR (Maximum Continuous Rating) is defined as the maximum output (kW) that a generating station is capable of producing continuously under normal conditions.

In case the offered Crafts or sister/ similar tug/s or substitute tug/s with similar/better specification (in sea worthy and efficient condition) and all valid documents is/are not deployed as stated above, liquidated damages will be levied and the contract is liable to be terminated. The BG towards Performance Guarantee shall be enchased.

However, sister/ similar/substitute Crafts deployed by the contractor shall be permitted to operate for a maximum period of 90 days only and arrangement shall be made to deploy the originally offered Crafts within the 90 days failing which, the contract is liable to be terminated. The BG towards Performance Guarantee shall be encashed.

(11) Page No.23 Clause1.23 COMMENCEMENT OF OPERATION to be read as below

1.23.1 The Bidder who has been awarded the contract for Chartering of Crafts shall commence operations latest within a week after acceptance. The crafts should reach port limits in adequate time to comply with Clause 1.23.2.

Any delay in delivery of the Crafts by the owner or builder of the Crafts or transshipment delays or any other reason including force majeure will not be accepted for delay in Commencement of operations.

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

1.23.2. The successful Bidder for Chartering the Crafts shall arrange for IRS OR IACS as third party for Survey, inspection and Bollard Pull tests and trials and submit proof which should include technical specification as per SCHEDULE-X thereof to General Manager (MS) latest within a week for acceptance after tug available at port i.e within 90 days from the issuance of letter of award. The scope of IRS or IACS third party survey will be: - IRS OR IACS shall certify that this vessel is complying with tender conditions and bidder’s submission. The trials shall be carried out at Kamarajar Port with full manning crew on board in the presence of KPL Representative. The Bidder shall ensure that the Crafts are under Class throughout the Contract period. Charges pertaining to carrying out Bollard Pull Test will be borne by the Bidder. No vessel related charges, berth hire, port dues etc will be charged to crafts for the period of maximum one week for conducting the trials, test and familiarization.

General Manager (MS)/ his representative after scrutiny of certificates including Classification Society

Certificate, Insurance, OR IACS trial reports and other documents may if necessary order for further survey /

inspection / trials. On satisfactory conduct of survey / inspection / trials and confirming the validity of

certificates and other documents, the Crafts will be accepted in writing for operation at Kamarajar Port.

The crafts shall be on standby after receiving the acceptance letter and the charter hire will commence

from 0600 Hrs from the day of deployment.

The period between actual acceptance and commencement of operation is to be used to facilitate the tugs

crew to get familiarized with port and to carry out pre induction surveys.

The Bidder shall take prior permissions for his requirements like Berthing, bunkering, authorizations for

getting the passes, Gate Passes for bringing materials etc., from the Controlling Officer i.e. GM (MS) or his

representative.

(12) Page No.43 Clause2.30 DELIVERY PERIOD to be read as below

The Crafts shall be at KPL latest within 90 days from the issuance of letter of award. in seaworthy and efficient condition and further within a week after availability of tugs at KPL certificates pertaining to completion of trials and tests by IRS or IACS shall be submitted for approval of GM (MS). (13) Page No.44 Clause2.31 LIQUIDATED DAMAGES to be read as below

If the Contractor fails to submit the subsequent documents to GM (MS) latest within a week after availability

of tugs at KPL after carrying out the trials and tests by third party (IRS or IACS) at Kamarajar Port and it is

found that the availability of Tugs as per clause 2.4 are not in position for subsequent deployment at

Kamarajar port as stated above for any reason whatsoever, the awarded Contract will be cancelled and the

Performance Guarantee will be forfeited.

(14) Page No.75 Clause4.30 DELIVERY PERIOD to be read as below

The Crafts shall be at KPL latest within 90 days from the issuance of letter of award. in seaworthy and efficient condition and further within a week after availability of tugs at KPL certificates pertaining to completion of trials and tests by IRS or IACS shall be submitted for approval of GM (MS).

(15) Page No.75 Clause4.31 LIQUIDATED DAMAGES to be read as below

If the Contractor fails to submit the subsequent documents to GM (MS) latest within a week after

availability of tugs at KPL after carrying out the trials and tests by third party (IRS or IACS) at Kamarajar

Port and it is found that the availability of Tugs as per clause 2.4 are not in position for subsequent

deployment at Kamarajar port as stated above for any reason whatsoever, the awarded Contract will be

cancelled and the Performance Guarantee will be forfeited.

(16) Page No.63 Clause4.3.2 CARE AND DILIGENCE to be read as below

The contract shall commence and terminate at Kamarajar Port Limited. The tugs would be accepted by

KPL on satisfactory trails by IRS OR IACS at Kamarajar Port Limited done latest within a week after

availability of tugs at KPL. i.e. tug should be ready latest by Ninety (90) days (tug should be made

available at KPL after issuance of letter of Award) plus seven (7) days (for trials and tests by third party

(IRS or IACS) ).

(17) Page No.67 Clause4.11 (b) NOTIFICATION OF AWARD to be read as below

The Crafts have to be placed at disposal of KPL for shipping movements after IRS OR IACS surveys and certification, Bollard Pull tests and grant of permission by GM (MS) positively within a week after availability of tugs at KPL. i.e. tug Should be ready latest by Ninety (90) days (tug should be made available at KPL after issuance of letter of Award) plus seven (7) days (for trials and tests by third party (IRS or IACS) ).

(18) Page No.32 Clause 2.4 AVAILABILITY sub clause 2.4.3 to be read as below

Any planned dry dock and/or otherwise for the crafts can be done only with prior permission of GM (MS)

and also sister/ similar crafts will have to be deployed for the entire period, the offered tugs are out of

service for dry-dock and/or otherwise. The substitute tug should not be older than the offered tug at the

time of substitution.

If replacement/similar or better specification crafts are substituted for dry dock period only and has been

accepted by KPL with following deficiencies the penalty mentioned below will be applicable.

1. Age

If the age of the substitute tugs is More than 1 year and less than 3 years than the offered tug at the time

substitution,

For 1st 15 days a penalty of 10% per day of the daily hire rate shall be levied. From 16 to 30 day a penalty

of 15% per day of daily hire rate shall be levied.

2. FiFi class:- Non compliance with respective FiFi class will attract penalty as follows:-

Half FiFi – 2 Nos 50 Ton Bollard Pull Tugs



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

(19) Page No.64 Clause 4.4 AVAILABILITY sub clause 4.4.3 to be read as below

Any planned dry dock and/or otherwise for the crafts can be done only with prior permission of GM (MS)

and also sister/ similar crafts will have to be deployed for the entire period, the offered tugs are out of

service for dry-dock and/or otherwise. The substitute tug should not be older than the offered tug at the

time of substitution.

If replacement/similar or better specification crafts are substituted for dry dock period only and has been

accepted by KPL with following deficiencies the penalty mentioned below will be applicable.

1. Age

If the age of the substitute tugs is More than 1 year and less than 3 years than the offered tug at the time

substitution,



2. FiFi class:- Non compliance with respective FiFi class will attract penalty as follows:-

Half FiFi – 2 Nos 50 Ton Bollard Pull Tugs



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

(20) BOQ CLARIFICATIONS

In regard to clarification pertaining to BOQ please be informed the respective columns headings in

BOQ are to be read as below.

Columns no in BOQ

Description in BOQ Remarks

1 SI.NO. 2 ITEM DESCRIPITION 4 Quantity 5 Units 6 Fuel Rate as per IOC(Approx 60 Rs

per Litre)

7 Daily hire rate (x)

Daily hire rate To be entered by the bidder

8 25% x Fuel consumption of main engine at 100% MCR Litres/ Hr (Y)

Fuel consumption of main engine to be entered by bidder

9 50% x Fuel consumption of aux engine at 100% MCR Litres/Hr (Z)

Fuel consumption of aux engine to be entered by bidder

10 GST for daily hire rate only in Rs. GST for daily hire rate in Rs. To be entered (not percentage of GST)

11 Running hours main engine Per day 20 No OF MAIN ENGINES 21 Running hours AUX engine Per day

13 TOTAL AMOUNT 15 TOTAL AMOUNT in Words

While duly filling the BOQ only these columns 7,8,9, and 10 to be entered. Ignore the description of

the respective columns in BOQ and read as above

In case of doubt in BOQ columns KPL may be contacted for clarification.

The other conditions of the tender document shall remain unaltered.

General Manager (Marine Services) For Kamarajar Port Limited

KAMARAJAR PORT LIMITED

KPL/MS/TUGS/50T/2017 Date: 21.8.2017 CLARIFICATIONS TO THE BIDDERS

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

S.No Reference Clarifications Sought/Suggested By Bidders

Clarifications issued By KPL

1

Page No:7 Clause:1.5.1 EXPERIENCE

The owner and/or those who have entered into

Agreement with the owner of the Craft should have

during the last 7 years ending 31.12.2016

successfully completed chartering/ supplying on

hire on wet lease of tugs/offshore vessels/ships

including its manning, operation and maintenance

of vessels or manning and operation of Tugs,

Offshore vessels/ ships or both.

Request you to amend the same to include for

“The owner and/or those who have entered

into Agreement with the owner of the Craft

should have during the last 7 years ending

31.12.2016 successfully completed Or

ongoing project for chartering/ supplying on

hire on wet lease of tugs/offshore

vessels/ships including its manning,

operation and maintenance of vessels or

manning and operation of Tugs, Offshore

vessels/ ships or both.”

Tender Condition Prevails.

2

Page No:12

Clause: 1.6.15

The Crafts offered by the Bidder as per the technical

specification submitted by them in the Schedule X

shall only be deployed for operation if the offer of the

Bidder is accepted. Upon acceptance the offered Tugs

should be made available by 20.10.2017 and within a

week i.e by 28.10.2017 the contractor should complete

all the tests prescribed and submit certificates to GM

You may please appreciate that vessel will be

acquired only after award of the contract and

to be mobilized to India. Further, registration

of vessel and completion of the customs

formalities also takes considerable time

period. Therefore, we request to allow upto120

days from date of award of the contract.

Kindly confirm.

Offered Tug should be made available within 90 days from date of award of the contract.

(MS) or his representatives and thereby commence

operations by 01.11.2017 0600 hrs……….

However, sister/ similar/substitute Crafts deployed by the contractor shall be permitted to operate for a maximum period of 90 days only and arrangement shall be made to deploy the originally offered Crafts within the 90 days failing which, the contract is liable to be terminated. The BG towards Performance Guarantee shall be encashed.

CLAUSE NO. 1.23.1; COMMENCEMENT OF

OPERATION - The Bidder who has been awarded the

contract for Chartering of Crafts shall commence

operations on 01.11.2017 at 0600 Hrs.

However, sister/ similar/substitute Crafts deployed

……….. for a maximum period of 30 days only and

……………..failing which, the contract is liable to be

terminated. The BG towards Performance Guarantee

shall be encashed.

Clause No. 2.30 DELIVERY PERIOD: - The Crafts

shall be at KPL by 0600 hrs on 20.10.2017 in

seaworthy and efficient condition after completion of

trials and tests by IRS or IACS and shall be in

possession of approval of GM (MS) after submission of

documents by 28.10.2017.

3

CLAUSE NO. 1.28; PENALTY- From the time and date

of such non-availability / In-operative – up to 10 days

– 20% of hire charges per day or part thereof on

We draw your reference to other Major Ports

contracts for Tug hiring and we find the

penalty rates, substitution requirement is

very stringent in this Tender. Kindly note that


prorate basis.

CLAUSE NO. 2.19; PENALTY - From the time and

date of such non-availability / In-operative – up to 10

days – 20% of hire charges per day or part thereof on

prorate basis

Port may wish that the contractor should

consider these terms and bid accordingly,

however during implementation, it would be

very difficult due to practicality.

- We request penalty rate to be reduced to

10% on prorate basis. Please note that

unforeseen breakdowns can never be taken

into account at the bid submission and also

the tug will be on loss of hire during non-

available period.

-Request that termination of contract shall

only be after 60 days, if contractor is not able

to bring in a substitute or original tug is not

placed back in operations.

-In case port arranges a substitute tug, no

penalty is to be levied additionally as

contractor is bearing all the cost i.e.

mobilization & demobilization and difference

in charter hire.

4

CLAUSE NO. 2.2.2;CHARTER RATE - The rate quoted

by the Bidder shall be kept firm throughout the

currency of the Contract period and no escalation in

We believe that contract estimation is on

lower side basis the prevailing market

conditions. Please consider escalation clause

annually due to inflation in the quoted price


the charter rate shall be accepted.

2.23 ESCALATION - The quoted rates shall be firm

throughout the tenure of the contract. NO Escalation

is payable over and above the rates quoted by the

contractor for any reasons hatsoever.

of the bidder.

We wish inform your that Kandla Port Trust

also has kept this clause in their tender for

60T BP for 10 years at Vadinar.

5

Clause No. 2.4 AVAILABILITY - An IRS OR IACS

Classed sister/ similar Crafts with

similar/betterspecification (in seaworthy and efficient

condition and should be inpossession of all necessary

valid certificates) will also be needed to bedeployed for

shipping operations at KPL in case the nominated tugs

leavesthe port for proceeding to carry out major repairs

……..and the planned dry-dock or otherwise will be

done afterobtaining prior consent from GM (MS).

Clause No.2.43. - If replacement/similar or better

specification crafts are substituted fordry dock period

1. Age - More than 5 years and less than 10years…..

For1st 15 days a penalty of 10% per day ….. From 16

to 30 day a penalty of 15% per day … shall belevied.

2. FiFi class: - Non compliance with FiFi class …… Half

FiFi….. For 1st 15 days a penalty of 3% per day …

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

We wish to bring to your kind attention that

the requirement of providing a substitute is

stringent and we don’t have another tug in

our fleet matching the requirement. It is

almost difficult to provide a substitute tug

since these tugs are rarely available on hire

for short term. We request that Port should

consider a tug which is reasonably meets

the short term requirement.

.

The Substitute Tug should be of the same age of the offered and deployed tug at the time of substitute and other remains unaltered.

day …..shallbe levied.

A maximum period of 30days for Dry docking period

will be provided

6

Clause No.2.14.1 – Goods And Services Tax (GST) -

The GST shall be quoted separately in Price bid and

shall bereimbursed on the subsequent month on

receipt of ITC at KPL’s

GST Portal.

Please elaborate on GST with respect to

receipt from ITC.

This is not possible since we are supposed to

pay part of GST on all the expenses incurred

while providing you the service. It is different

from Service Tax and therefore the value of

the Challan and amount displayed in your

invoice will not match. The amount of the

combined tax that needs to be paid from end

to end is the value displayed in your invoice.

Chapter 5: Input Tax Credit of GST Rules

from the Cbec.gov.in site explains the above.

Based on the Tender conditions payments will be released and subsequently GST Payment will be reimbursed if payment made by Contractors.

7

Clause No. 2.38.2 – Fore Closure - If the Kamarajar

Port Limited does not require the services of theCrafts,

the KPL shall endeavor to give three months notice to

theContractor. During this 3 months notice period, the

KamarajarPort Limited shall use the Crafts and pay the

same Charter Rate

Considering the prices are quoted for a period

of 7+2 years charter, the early termination

will make the project unviable. This clause

compromises the sanctity of the “contract

tenure” and financing becomes difficult.

We are of the opinion that contract should be

terminated only if Contractor defaults and

after they are given a window to rectify the

same. The non-performance has been taken

Tender Condition Prevails. Due diligence will be exercised.

care in various clauses and hence, request

deletion of this clause.

8

Clause No.4.5.2 ALLOWED MAINTENANCE PERIOD

(Paid Downtime) :- In case of non-utilization of

allowed maintenance period of 24 hours(down time)

during the month, the Bidder shall be allowed

tocarry over the unutilized hours to subsequent

two months. i.ethe unutilized Paid Downtime for the

month of January will lapse on1st of April.

Request to allowed maximum 12 days in a

year without lapsing the downtime during the

currency of year and bidder can use total

allowable 12 days downtime. Tender Condition Prevails.

9

Fall Clause - The BIDDER / CONTRACTOR

undertakes that it has not supplied / isnot supplying

similar product / systems or subsystems at a price

lower thanthat offered in the present bid in respect of

any other Ministry / Departmentof the Govt. of India or

PSU and if it is found at any stage that similar

product/ systems or subsystems was supplied by the

BIDDER / CONTRACTOR to the Principal at a lower

price, then that very price, with due allowance

forelapsed time, will be applicable to the present case

and the difference in thecost would be refunded by the

BIDDER / CONTRACTOR to the PRINCIPAL

/EMPLOYER, if the contract has already been

concluded.

As you are well aware that bid Price base on

many factor like Scope of work, type of craft,

Classification of Vessel, Manning, tenure, age

of the vessel, area of operation, cost of asset,

other logistic support and other term and

condition of tender.

Considering the above factors the every tender

price have variation .

This clause related to supply of goods

/product / system or subsystem so please

remove the clause from the tender.


10

CLAUSE NO. 1.1.3; INSTRUCTION TO BIDDERS

The Bidders may offer tugs of more than required

We bring to your notice that tender document

mentions both “Crafts” and “Tugs” as

requirement. Tug is also a Craft.

bollard pull power i.e. above 50 Ton…..

CLAUSE NO. 1.6.7; TECHNICAL SPECIFICATION

The Craft offered shall be of the specifications…….

As per tender, there in only requirement of 2

nos. of 50 TBP Tugs and no other crafts like

pilot boats & others.

Therefore, we request you to please replace

the word “Crafts” with “Tugs” to avoid

ambiguity in the tender document.

Please accept and confirm.

11

CLAUSE NO. 1.6.15

…….technical specification submitted by them in the

Schedule X shall only be deployed for operation if the

offer of the Bidder is accepted. Upon acceptance the

offered Tugs should be made available by

20.10.2017 and within a week i.e. by 28.10.2017

the contractor should complete all the tests

prescribed and submit certificates to GM (MS) or

his representatives and thereby commence

operations by 01.11.2017 0600 hrs.

CLAUSE NO. 1.23.1; COMMENCEMENT OF

OPERATION

We request you to kindly allow a minimum

90 days of delivery period from the date of

issuance of Letter of Award.

We draw your attention at many times, tender

is awarded closer to the tender stipulated firm

Commencement date leaving hardly any time

for the bidder to mobilize Tug boats. Thereby

fixation of such firm commencement date

increases the risk of default on the part of the

contractor and it may also lead to termination

of contract for no fault of the Bidder.

In view of above, most of the other Major

Ports such as Paradip port, Chennai Port,


The Bidder who has been awarded the contract for

Chartering of Crafts shall commence operations on

01.11.2017 at 0600 Hrs….

…..However, if within the specified period, the craft for

which the offer has been acc…………..In case the

offered Crafts or sister/ similar Crafts or substitute

Crafts with similar/better specification (in sea

worthy and efficient condition and all valid

documents) is/are not deployed by 01.11.2017, the

contract is liable to be terminated. The BG towards

Performance Guarantee shall be enchased

Kandla Port, Mormugao Port, JNPT etc. in

their Tug tender provide a delivery period.

Please appreciate that these capital intensive

Tug boats although are identified at the time

of the Tender, they would be acquired and

mobilized only on being successful in the

Tender. As you know most of these Tugboats

acquired from the overseas, the process of

Acquiring, Mobilization, Registration,

Customs Clearance etc., takes at least three

months. It is therefore requested that 90 Days

of Delivery period/Mobilization time to be

given from the date of issuance of Letter of

Award.

Kindly confirm.

12

CLAUSE NO. 1.25; SUB CLAUSE NO. (II); EVIDENCE

OF INSURANCE

Workmen’s compensation insurance as per the

statutory requirements for loss of life/partial disability

due to fire or any other accident.

CLAUSE NO. 1.25; SUB CLAUSE NO. (III); EVIDENCE

We bring to your kind attention that the

following standard insurance covers are

available to the Contractor:

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

insurance coverage for the Tug

2. Protection & Indemnity (P&I) for third

party liability, crew liability, wreck

removal, pollution liabilities

Tender Conditions Prevails.

OF INSURANCE

Any other insurance that may be necessary to protect

the Bidder, his employees and assets, whether

constructed / purchased by the Bidder or handed over

by the Kamarajar Port (against loss, damage or

destruction at replacement value) including all Force

Majeure.

CLAUSE NO. 1.25; SUB CLAUSE NO. (IV); EVIDENCE

OF INSURANCE

Contractor shall have to submit an indemnity

indemnifying KPL for all events which are not

otherwise covered in 1.25 items (i) to (iii).

3. Workmen’s compensation covering life of

shore based workers, if any.

As these are only insurance covers

available to the Contractor, we trust these

insurance shall meet the requirement of

the Port.

Kindly confirm acceptance of the above.

13

CLAUSE NO. 1.28; PENALTY

If the tugs are inoperative and / or unavailable and

KPL is denied use of the tugs, penalty will be levied

from the time and date of such inoperative/

unavailability after allowing any paid down time (if

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

and date of break down / in-operative as follows, in

addition to non-payment of charter hire charges on

prorate basis:

As providing a safe working environment is

Port’s responsibility, we request that if the

Tug(s) are inoperative/ unavailable due to

propeller fouling arising out of debris in

the Port water, in such cases, Tug(s) would

continue to be on-hire and penalty would

not be applicable.

Kindly confirm.




14


From the time and date of such non-availability / In-

operative – up to 10 days – 20% of hire charges per

day or part thereof on prorate basis


If contractor expresses his inability to provide the

offered crafts or substitute crafts by 20th day then

the contract shall be terminated.


We wish to inform you that the stated penalty

amount is too steep. Further, in line with

other Major Port Tug Tenders, we request you

to please accept the following penalty clause:

//

If a Tug is inoperative and / or unavailable

and Deputy Conservator is denied use,

penalty will be levied from the time and date

of such in-operation / unavailability after

allowing any down time to the credit of the

Contractor up to the time and date of break

down / in-operation as follows, in addition to

non-payment of hire charges :

From the time and

date of such non-

availability / in-

operation up to 14

days

15% of hire charges

per day or part

thereof on prorata

basis

15 to 21 days 30% of hire charges

per day or part

thereof on prorata


basis

Beyond 21 days upto

30 days

50% of hire charges

per day or part

thereof

If contractor expresses his inability to

provide the offered crafts or substitute

crafts by 30th day then the contract shall

be terminated.

//

This is standard industry practice followed

by Major Ports like JNPT, PPT, VPT,

Chennai Port etc. Kindly confirm your

acceptance.

15


If the Contractor fails to provide the substitute crafts

after 10 days:-

(a) KPL may arrange tugs from the market and the

differential cost (including mobilization and

demobilization charges) after adjusting the daily hire

rate payable against the rate of the tugs sourced from

the market will be deducted in addition to levying

penalty of 10% of quoted hire charge per day or

We humbly submit that it would be grossly

unfair and the economics of the project will be

highly skewed if the Contractor has to

absorb both penalty and differential cost of

hire of the chartered Tug. We request

deletion of words “in addition to levying

penalty of 10% of quoted hire charge per day

or part thereof on pro rata basis for each day

the substitute crafts are not provided or the

chartered crafts are not put back in service”


part thereof on pro rata basis for each day the

substitute crafts are not provided or the chartered

crafts are not put back in service.



16

CLAUSE NO. 1.33; RESCUE / SALVAGE OPERATION

Apart from carrying out the duties assigned to the tugs

by the General Manager (MS) under the terms and

conditions…….DG Shipping, the tugs may be required

to assist in any rescue or salvage operations as per

their directions.

CLAUSE NO. 2.12; SUB CLAUSE NO. 2.12.1;

GUIDELINES TO BIDDER

…….The Crafts shall also be made available for

assisting towage of disabled vessels, salvage

operations at the discretion of the Controlling Officer

viz., General Manager (MS) or the authorized

representative of Kamarajar Port Limited…..

As your good self, Salvage is a highly

specialized job and these harbour Tug

boats are not suitable for carrying out

Salvage jobs. It also requires crew having

specific skill sets which is rather scarce in the

market and prohibitively expensive. Further,

in general Tug insurance does not cover

Salvage jobs. We therefore, request you to

kindly exclude Salvage from the scope of

work.



GUIDELINES TO BIDDER

17

CLAUSE NO. 2.1.14; CHARTER PERIOD

‘CHARTER PERIOD’ means currency of contract

period of Seven (7) years extendable up to

Maximum of Two years……

CLAUSE NO. 4.1.14; CHARTER PERIOD

CLAUSE NO. 2.2.1; PERIOD OF CHARTERING

The for a period of Seven (7) years extendable up to

Maximum of Two (2) years with same terms and

conditions …..

CLAUSE NO. 4.2.1; PERIOD OF CHARTERING

We request that the extension shall be for a

fixed period of 2 years.

Kindly confirm and modify all relevant

clauses.


18

CLAUSE NO. 2.2.2; CHARTER RATE

……..The rate quoted by the Bidder shall be kept firm

throughout the currency of the Contract period and no

escalation in the charter rate shall be accepted.

We are of the opinion that estimated cost

of this tender are rather low as compared

to the daily charter rate already

established in your earlier 50 Tug tender

i.e. INR 195,300/- and also the average


daily hire rate of INR 2,00,800/- in the

recent 50TBP tug tender in Kandla Port

((11yrs contract tenure).

We draw your attention that currently the

availability of Tug boats meeting KPL

prescribed specifications is scarce in the

domestic and International sale and

purchase market. Due to downturns in the

offshore market and delay in commissioning

of new Oil E&P projects, the financial

institutions have restricted financing to many

of the shipyards. Consequently shipbuilding

activity has been greatly affected and

availability of assets has dwindled since then.

The lower construction activity has also

affected Tug industry where fewer new tugs

are being built and the prices of Tugs have

gone up and consequently higher cost of

acquisition.

Therefore, we would request you to kindly

revise the Cost estimates for this Tender.

19

CLAUSE NO. 2.4; AVAILABILITY; SUB CLAUSE NO.

2.4.3

If replacement/similar or better specification crafts are

(i) We draw your attention that the tender

allows less than 5 years old age profile tugs

and for contract tenure of the 7+2 years, the

age of the tug would be around 14years at the

end of the contract. However, in this clause,

The Substitute Tug should be of the same age of the offered and deployed tug at the time of substitute and other remains unaltered.

substituted for dry dock period only and has been

accepted by KPL with following deficiencies the penalty

mentioned below will be applicable….

1. Age

More than 5 years and less than 10 years as on

replacement date: - For 1st 15 days a penalty of

10% per day of the daily hire rate shall be levied.

From 16 to 30 day a penalty of 15% per day of

daily hire rate shall be levied.

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

attract penalty as follows:-

Half FiFi – Two (2) 50 Ton Bollard Pull Tugs

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

hire rate shall be levied. From 16 to 30 day a

penalty of 5% per day of daily hire rate shall be

levied.

the age of substitute tug is restricted only

to 5-10 years which is not a standard

practice. We request that clause is to be

amended to say the contractor is

permitted to substitute with a tug which is

not more than 14 years old.

(ii) The contractor would endeavor its best to

place a similar / better specification tug as a

substitute. However, considering practical

difficulties an exact match would not be

possible and to ensure no disruption in the

operations of the Port, we request that the

Port should accept a suitable substitute tug

with deficiencies of Age, FiFi and Bollard Pull.

The deficiencies in terms of Age, FiFi and BP

to be penalized as follows:

1. Age

More than 14 years old as on replacement

date: - 1% per day of daily hire rate shall

be levied

2: External FIFI: 1% per day of daily hire

rate shall be levied

3. Bollard pull: 1% per day of daily hire

rate shall be levied for each ton or part ton

lesser Bollard pull subject to minimum BP

of 45 Ton.

Since deployment of the substitute tugs are

for a short term and temporary arrangement,

we request your acceptance of a substitute

tug as long as it suits your operational

requirement.

We request your kind confirmation on the

above.

20


AVAILABILITY;

The conditions of the tender document shall

remain unaltered

This sentence seems to be a typo error and

needs to be deleted.

The sentence considered deleted.

21

CLAUSE NO. 2.5.1; ALLOWED MAINTENANCE

PERIOD (PAID DOWNTIME)

The Bidder shall be eligible for 24 hours allowed

maintenance period for each Craft in a month i.e. 12

days in a year during the currency of contract.



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

Maintenance period shall be credited at the

beginning of each contractual year instead

of crediting every month.

However, the Contractor must take prior

permission in writing of the GM (MS), before

laying up the tug to carry out any

maintenance work (i.e. work /repairs includes

dry docking / hull inspection and survey).


In case of non-utilization of allowed maintenance

period of 24 hours (down time) during the month, the

Bidder shall be allowed to carry over the unutilized

hours to subsequent two months i.e. the unutilized

Paid Downtime for the month of January will lapse on

1st of April.

During the breakdown period which exceeds the

available down time, upto 20 days fuel cost if any

will be levied. After 20 days applicable berth hire/

port charges including fuel cost would be charged

on the tugs as per prevailing Scale of Rates will be

applicable.





Please note that insufficient time for

maintenance will lead to breakdowns and

thereby affect reliability of the tug

(ii) Unutilized down time for the entire year

can be carried forward to the next year.

However, a maximum of 12 days of downtime

will be permitted at a stretch. Further, if

unavailability exceeds for a period of 10

consecutive days, the contractor shall

provide a substitute tug.

Please note that by not allowing carry

forward of down time, the good

performance of the Tug is penalized.

(iii) Available down time shall be

adjusted/set-off against the unavailability

period prior to imposition of loss of hire and

penalty.

We request your kind confirmation of the

above.

22 CLAUSE NO. 2.11 (C); NOTIFICATION OF AWARD We understand that PBG to be submitted and


Upon the receipt of Letter of Award of the contract, the

successful Bidders shall send Letter of Acceptance and

prepare the Charter Party …….submit the same to KPL

duly executed on stamp paper for appropriate value

within 15 days from the date of issue of Letter of

Award…..

CLAUSE NO. 4.11 (C); NOTIFICATION OF AWARD

Charter Party agreement to be executed

within 15 days of “Letter of Acceptance”,

not “Letter of Award” as mentioned.

Please confirm.

23

CLAUSE NO. 2.13.3; PAYMENT TERMS

…..After scrutiny of the bill, the payment shall be made

within 30 days from the date of submission of

bill…..Though, all the efforts will be made to make the

payment within the stipulated time, in case any

discrepancy is found and there is a resultant delay in

effecting payments, the Contractor is not entitled for

any type of compensation or interest if there is any

delay in making payment to the Contractor.

CLAUSE NO. 4.13.3; PAYMENT TERMS

We request KPL not to retain the entire

payment in case of any dispute and at least

the undisputed portion of the Payment

shall be released by the port within the

scheduled time and retain the disputed

portion of the Payment.

Kindly confirm. Tender Conditions Prevails.

24

CLAUSE NO. 2.14; GENERAL

The charter rate amount quoted shall be base rate

(1) We understand that Bidder will quote daily

hire rate exclusive of GST and prevailing rate

of GST will be quoted separately in the price

bid format. Kindly confirm.

BOQ instruction provided separately for detailed information and clarity.

and other taxes viz., GST separately in connection

with chartering of Crafts to Kamarajar Port.

CLAUSE NO. 4.14; GENERAL

CLAUSE NO. 2.14.1; GOODS AND SERVICE TAX

(GST)

The GST shall be quoted separately in Price bid and

shall be reimbursed on the subsequent month on

receipt of ITC at KPL’s GST Portal.

CLAUSE NO. 4.14.1; GOODS AND SERVICE TAX

(GST)

(2) Further, we request that after the bid

submission date any new taxes are levied by

either by Central or state governments

pertaining to hire charges payable by port and

/ or there is a change in the GST rate, the

same will be reimbursed by the port on

production of documentary evidences. Kindly

Confirm.

(3) With respect to Clause 2.14.1 and 4.14.1,

we understand that the monthly charter hire

invoice which includes GST will be paid to the

contractor within 30days of the subsequent

month (i.e. August bill will be cleared in

September). Kindly confirm.

25

CLAUSE NO. 2.27; BOLLARD PULL TEST

KPL also reserve the right to carry out Bollard Pull

test of the tugs at its discretion at any time during

the currency of the contract. In case bollard pull

falls below the required Bollard Pull ….. All bollard

pull tests during tenure of contract carried out by

(i) As you are aware that the Bollard Pull Test

has risks associated with it and tugs are

known to have “girted” during the test.

Therefore, we request you that only in case

Port feels that there is a deficiency in the

services of a tug for a continuous basis, port

may ask for a Bollard Pull Test.

The Bollard Pull Test will be carried out prior to deployment in the presence of IRS and KPL at Contractor’s cost. Refer Addendum/Corrigendum Notice No:2

the contractor at his cost in KPL harbour. However,

the time and fuel consumed for the test will be to the

KPL’s account

CLAUSE NO. 4.27; BOLLARD PULL TEST

CLAUSE NO. 2.2.4.4; CHARTER RATE AMOUNT

If during the contractual period the performance is

found not as per the terms and conditions laid herein,

the crafts may be surveyed by a third party (IRS or

IACS) in the presence of KPL Representative at the

Bidders cost and if proved the penalty clause will be

applicable.

CLAUSE NO. 4.2.4.4; CHARTER RATE AMOUNT

(ii) Further, we are of the opinion that all

bollard pull tests or any survey during tenure

of contract whenever required by the KPL

will be carried out by the Contractor at

KPL’s cost and time. However, if the tug

fails to deliver the required bollard pull /

any survey, the cost of such test shall be

borne by the Contractor.


above.

26

CLAUSE NO. 2.35; INDEMINITY

Notwithstanding all reasonable and proper precautions

that may have been taken by the Contractor at all

times during the currency of the agreement, the

Contractor shall nevertheless be wholly responsible for

all damages to the property of Kamarajar Port Limited

during the currency of the agreement and the cost of

Kindly appreciate that the liability of the

contractor under this contract is open ended

and unlimited. This makes the project risky

and Contractor will have the problem in

funding. Further, the Owner would not be

able to absorb such huge liability in the

absence of any insurance which can cover

these risks. Therefore, we request

Limitation of Liability under the Charter


such damages shall be borne by the Contractor.

KPL will not be responsible for any damage suffered by

the Tugs due to failure of tugs or errors of the Master

and crew or any reason whatsoever.

CLAUSE NO. 4.35; INDEMINITY

Party as follows:

“Notwithstanding anything to the contrary

mentioned in this contract, the Contactors

liability for each contractual year under

this Contract shall be limited to 10% of

the annual contract value as submitted in

the form of PBG.”

Kindly confirm.

27

CLAUSE NO. 2.36; DISPUTE BETWEEN THE

CONTRACTOR AND KAMARAJAR PORT LIMITED

In the event there is no amicable resolution of the

dispute or difference between the parties within thirty

days from the date of notice of the said dispute

or………… such disputes as has arisen out of, or in

connection with termination), the Contractor

acknowledges…..

CLAUSE NO. 4.36; DISPUTE BETWEEN THE

CONTRACTOR AND KAMARAJAR PORT LIMITED

As the Chairman and Managing Director of

KPL is a party to the dispute; we request that

any dispute or difference shall be referred to a

sole arbitrator appointed by the High Court

of Chennai on the application of either Party

in accordance with Arbitration of Conciliation

Act 1996.

The dispute resolution mechanism provided

under the tender is one-sided and biased

which is against the spirit of a equitable

contract /agreement. Thus, we request that

all disputes shall be referred and resolved

through a neutral party appointed under the

Arbitration and Conciliation Act, 1996.


28

CLAUSE NO. 2.37; TERMINATION OF CONTRACT

The Contract can be terminated under the following

cases:

(iii) The Contractor fails to provide the Craft as per the

specifications of Kamarajar Port.

(iv) The Contractor fails to fulfill the statutory

requirements and other conditions as indicated in the

Tender Document for operation of the Craft

(vi) In case of indiscipline of the crew of the Craft or

refusal to carry out the orders of the General Manager

(MS) or his authorized representative

CLAUSE NO. 4.37; TERMINATION OF CONTRACT

CLAUSE NO. 2.12.5; GUIDELINES TO BIDDERS

…….The contractor shall arrange for suitable

replacement within 48 hours failing which severe

action will be taken including termination of the

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

tender has provision of substitution of

offered tugs with similar or better

specifications during the currency of the

contract. Therefore, we request

modification in the sub clause as follows:

“The Contractor fails to provide the Craft as

per the specifications of Kamarajar Port

subject to terms of this Tender”.

(iii) With regard to sub clause (iv), we request

that the contractor shall be given reasonable

time period to rectify the default prior

contract is terminated. We request

modification in the clause:

“The Contractor fails to fulfill the statutory

requirements and other conditions as

indicated in the Tender Document for

operation of the Craft even after port

provides reasonable time for rectification.”

(iv) With regard to sub clause (vi), we draw

your attention to the Clause 2.12.5 wherein

the contractor is allowed 48 hours of time

period to replace the crew. Therefore, we


contract by the Kamarajar Port Limited. request you to kindly modify as follows:

“In case of indiscipline of the crew of the Craft

or refusal to carry out the orders of the

General Manager (MS) or his authorized

representative subject to clause 2.12.5”

Further, we request you to provide atleast

5 days time to replace the crew as 48

hours is too short for providing crew of

same qualification and expertise.


above issues.

29

CLAUSE NO. 2.38.1; FORE CLOSURE

The Kamarajar Port Limited has the right to Foreclose

the contract for National Security, National Emergency

and in general public interest or for any other

reasons, the Kamarajar Port Limited feels deemed fit.

The Kamarajar Port Limited will endeavor to issue a

written notice of not less than three month of the

intended foreclosure ….

CLAUSE NO. 4.38; FORE CLOSURE

Wrt CLAUSE NO. 4.38, we request the word

“or for any other reasons” shall be replaced by

“or for any similar reasons” .Kindly confirm.


30

CLAUSE NO. 2.38.2; FORE CLOSURE

If the Kamarajar Port Limited does not require the

services of the Craft, the KPL shall give three

months’ notice to the Contractor. During this three

month notice period, the Kamarajar Port Limited shall

use the Craft and pay the same Charter Rate.

CLAUSE NO. 4.38; FORE CLOSURE

Kindly note that the assets procured for

performing the contract are highly capital

intensive in nature and are procured

exclusively for this specified contract.

Depending on the tenure of the contract,

Charter rates will be calculated and offered.

Any reduction / early termination would

seriously affect the price offered by the

contractor.

In view of above, we request that the Contract

shall not be terminated for any reason other

than substantial / material breach of the

terms of the Agreement.

However, prior exercising this right, KPL shall

give adequate time period for rectification

of the same and upon contractor’s failure

to rectify; the contract can be terminated

with one month’s notice.

Kindly Confirm.


31

CLAUSE NO. 2.39.2; FORCE MAJEURE

The term force majeure shall mean War and Any

(i) We request addition of following paragraph

in this clause:

“If the Force Majeure conditions persist for a

continuous period more than 120 days,


prevailing Acts & Regulation of Government of India,

State Government or any Local Government………..

CLAUSE NO. 4.39.2; FORCE MAJEURE

either of the party shall have the right to

terminate the contract by giving 30 days’

notice.” Kindly confirm

(ii) Please appreciate that if during the force

majeure event a party is affected, reasonable

time period is required to resume operation/

services.

Therefore, In line with other major port

tenders, we request addition of the

following force majeure events in the

clause 2.39.2:

a) Riots, civil commotion, blockaded or

embargoes

b) Epidemics

c) Strikes, lockouts or other industrial

action, unless limited to the employee of

the party seeking to invoke force majeure

d) Accident, explosion except where caused

negligence of the party seeking to invoke

force majeure

e) Any other similar cause beyond reasonable

control of either party

f) Mitigation of force majeure

Please confirm

32

CLAUSE NO. 3.1; TECHNICAL SPECIFICATION; SUB

CLAUSE NO. (d); BOLLARD PULL

Steady/Sustained Bollard Pull of not less than the

required bollard pull at 90% MCR

We bring to your kind attention that generally

Tugs are not certified with Bollard Pull in

“ASTERN” direction and we have also checked

with IRS in this regard. Hence, Ports evaluate

their requirement based on “AHEAD” Bollard

pull of Tugs.

Request your acceptance to above.

1. The Proposed Tugs should be capable of pulling and pushing simultaneously from either forward or aft of the tugs depending on the

mode used for operations that is forward and or aft of the tugs. 2. The Tugs should have arrangement and capable to pull from forward and aft of the tugs .

33

CLAUSE NO. 3.1; TECHNICAL SPECIFICATION; SUB

CLAUSE NO. (q); SPECIAL CONDITIONS

Tug should be capable for assisting (Push/Pull) from

both forward and aft of tug including smaller vessels

having minimum freeboard of 2.5 mtrs.

We draw your attention that ASD tug boats

are not designed to render push operations

from their stern. Therefore, we request you to

amend the clause as follows:

“Tug should be capable for assisting

(Push/Pull) from forward or aft of tug

depending on its design including smaller

vessels having minimum freeboard of 2.5

mtrs”

The ASD or Similar Tugs

should be capable for Push

and Pull simultaneously

from forward of tug

including smaller vessels

having minimum freeboard

of 2.5 mtrs, and the bollard

pull test certificate should

be submitted accordingly.

34

CLAUSE NO. 3.15; SCOPE OF WORK

…..The Contractor shall also be responsible for the

damage to the Port’s property or to any third party.

In line with tug tenders of other Major Port

trusts such as Paradip Port, Vizag Port etc.,

we request that throughout the contract

period, the tugs shall enjoy the protection and

indemnities available to the vessels owned by

the KPL provided under bye-laws of the KPL


Any claims in this regard shall be to the

Contractor’s account

or otherwise.

Kindly Confirm

35

CLAUSE NO. 3.21; SCOPE OF WORK OF CHARTER;

2nd PARA

Port should be indemnified by the contractor to comply

with the Contract Labour Act, Workman Compensation

Act and shall follow the ESI and Provident Fund Rules

for their personnel and documentary proof shall be

produced to the Kamarajar Port Limited along with the

monthly bill.

In line with previous tenders of Kamarajar

Port, we request modification in the stated

Para as follows:

“Port should be indemnified by the contractor

to comply with the Contract Labour Act,

Workman Compensation Act and shall follow

the ESI and Provident Fund Rules for their

personnel as applicable.”

Kindly confirm.


36

Charter Party Agreement

We request you to create provisions in the

charter party agreement to specify the name

of the tug accepted under the contract and

charter hire rate etc. which will make the

Agreement a self sufficient document without

requirement of referring to many other

documents. Kindly confirm.

Tender Conditions Prevails. Name of the offered Tug is specified in Schedule – X which is certified by IRS. Also in case of any discrepancy in understanding the entire tender document prevails over the charter party agreement.

37

FORMAT FOR PERFORMANCE SECURITY (BANK

GUARANTEE)

We wish to submit that State Bank of India,

as per their policy, has started incorporating

additional clause in the bank guarantees

Accepted.

FORMAT FOR BID SECURITY / EMD (BANK

GUARANTEE)

issued by them.

“Notwithstanding anything to the contrary

contained in any law for the time being in

force or banking practice, this guarantee shall

not be assignable or transferable by the

beneficiary. Notice or invocation by any

person such as assignee, transferee or agent

of beneficiary shall not be attained by the

Bank. Any invocation of guarantee can be

made only by the beneficiary directly”

We trust the same is acceptable to you.

We wish to inform you that other Major Ports

have accepted such inclusions.

38

Additional Clause

Consequential Damages

We request inclusion of the following clause:

“Neither party shall be liable to the other for

any consequential damages whatsoever

arising out of or in connection with the

performance or non-performance of this

Contract, and each party shall protect, defend

and indemnify the other from and against all

such claims arising therefrom.” Kindly

confirm.


39

BOQ We bring to your notice that the figures in the

BOQ excel format from Column no. 10

onwards are not in orderly format and needs

BOQ instruction provided separately for detailed information and clarity.

Attached Excel Format

to be modified.

It should also have provision for specifying

prevailing GST rate as per the tender

requirement.

40 Page 7 Para 1.5.1 Experience :

Shall also include Manning, Operations and Maintenance of Dredgers (TSHD). Therefore, the Para can be amended to read as under:

“The owner and/or those who have entered in

to Agreement with the owner of the Craft

should have during the last 7 Yrs ending 31st

March 2017 successfully completed

chartering/supplying on hire on vet lease of

Tugs/Offshore vessels/Ships/TSHDs

including its Manning, Operations and

Maintenance of Vessels (or) Manning,

Operations and Maintenance of Tugs,

Offshore Vessels/Ships and Dredgers (TSHD)

(or) Manning of Tugs/OSVs/Ships and

Dredgers(TSHD).

Dredger is also a Craft.

41 Page 8 Similar Works

Similarly, similar Works means may be amended to read as under:

“Similar Works means chartering/supplying

on hire on vet lease of Tugs/Offshore


vessels/Ships/TSHDs including its Manning,

Operations and Maintenance of Vessels (or)

Manning, Operations and Maintenance of

Tugs, Offshore Vessels/Ships and Dredgers

(TSHD) (or) Manning of Tugs/OSVs/Ships

and Dredgers.

42 Finanacial Criteria for Participation

In order to encourage maximum participation so as to get best competitive rates from the Vendors; it is opined that the limits stipulated for the Financial criteria for the Single Tug participation may please be revised to read as under:

“Two similar Works each costing not less than

Rs. 7,000,0000/- (amount 15% 0f the present

estimated Cost).


43 Para 1.4 Page 6 - Exemption of EMD and Tender Doc Fee

EMD and the Tender Fee should be exempted for Vendors registered under NSIC ; practice which is being followed in other ports in India and in all other Govt tenders.

Agreed, subject to eligibility under NSIC with current validity if it falls within average turnover indicated in tender.

44 Schedule X Page 97 - Age of Tug:

Age of the Tugs should be amended to read “ Tugs shall not be more than 10 Yrs Old on 31/12/2016.


45 Para 1.33 Page 27 - Rescue Salvage Operations:

Daily Charter hire should be admissible/payable during such operations besides the sharing of remuneration or reward as stated in the Clause.


46 Para 4.30 Page 75 - Delivery Period:

Delivery period should be revised to read 90 days from the date of issuance of LOI like other ports in India.


47 Tests and Trials by Third Party Should be dispensed with once the Vessel has been technically accepted by the port.


48

1.6.15.The Crafts offered by the Bidder as per the technical specification submitted by them in the Schedule X shall only be deployed for operation if the offer of the Bidder is accepted. Upon acceptance the offered Tugs should be made available by 20.10.2017 and within a week i.e by 28.10.2017 the contractor should complete all the tests prescribed and submit certificates to GM (MS) or his representatives and thereby commence operations by 01.11.2017 0600 hrs…..

As per standard tug tenders from Major Ports,

we request a delivery period of minimum 120

days to allow bidder adequate time for

completing purchase process and mobilize it

to your port and converting to Indian flag. Offered Tug should be made available within 90 days from date of award of the contract.

49

1.23.1 The Bidder who has been awarded the contract for Chartering of Crafts shall commence operations on 01.11.2017 at 0600 Hrs. ……..

As per standard tug tenders from Major Ports,

we request a delivery period of minimum 120

days to allow bidder adequate time for

completing purchase process and mobilize it

to your port and converting to Indian flag.


50

1.33 Rescue/ Salvage Operation:- Apart from carrying out the duties assigned to the tugs by the General Manager (MS) under the terms

Our Tugs which are for harbour operations

cannot do salvage operations. Request

mention of Salvage operations to be


and conditions of the contract, the tugs may be required for rescue/salvage operations in case of an emergency. Since the rescue and salvage to vessels in distress is a mandatory requirement, the tugs may be required to go beyond the port limits of Kamarajar Port, for which all assistance, including extra manning; insurance etc will be provided by the Contractor. Since the marine casualty is controlled and managed by the DG Shipping, the tugs may be required to assist in any rescue or salvage operations as per their directions……

2.12.1.Guidelines to bidder The Crafts shall be deployed for shipping work in the Kamarajar Port or to any places at sea for the purpose of search and rescue of passengers / crew of vessels in distress in the vicinity………

deleted.

Our Tugs which are for harbour operations

cannot do salvage operations. Request

mention of Salvage operations to be

deleted.

51

1.5.1 EXPERIENCE :Estimated Cost

For bidders those willing to Participate and bid

to Supply for only one (1) No 50T Tug:

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

OR

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

iii) One similar work costing not less than Rs.

We have noticed the estimated cost is very low

as compared to other Major Ports and

considering the present market conditions.

This is a limitation for the bidder to

participate in the Tender. Request you to

please revise this estimated cost with a more

realistic figure.


35,47,15,760/- (amount 80% of the present estimated cost) …….

52

3.1 q.Special conditions :

1.Tug should also be suitable for assisting LNG

Ships and in terminals.

2. Tug should be capable for assisting (Push/ Pull)

from both forward and aft of tug including smaller

vessels having minimum freeboard of 2.5 mtrs

We have an ASD tug which can do Pull/Push

operations from its Bow. Kindly let us know if

it is acceptable.

We have a BP test certificate in “Ahead”

direction available which we believe is

sufficient for most of the Port’s requirement.

ASD or Similar tug should be capable for Push and Pull simultaneously from forward of tug including smaller vessels having minimum freeboard of 2.5 mtrs, and the bollard pull test certificate should be submitted accordingly.

General Manager (Marine Services) For Kamarajar Port Limited

Documents

KAMARAJAR PORT LIMITED (A MINIRATNA GOVT OF INDIA ... 5Ot bp tugs... · kamarajar port limited (a miniratna govt of india undertaking) marine dept addendum/ corrigendum notice no: