MUMBAI PORT TRUST (MbPT)4.imimg.com/data4/YT/XE/HTT-1494/1494_2015-12-01-15-17... · 2015. 12. 1. · situ piles, cast-in-situ/ precast concrete deck and beam slab arrangements 3.2.1.2

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MUMBAI PORT TRUST (MbPT)

CIVIL WORKS FOR THE PROJECT OF FIFTH OIL (J5) BERTH AT JAWAHAR

DWEEP IN MUMBAI HARBOUR

PREQUALIFICATION DOCUMENT

(PQ DOC. NO. CE.JD-5(CIVIL)/2015)

VOLUME - I

_____________________________________________________________________________________________

MASTER INDEX

(PQ DOCUMENT NO.: CE.JD-5(CIVIL)/2015)

SL. No. BRIEF DESCRIPTION

A VOLUME –I – CONTRACT INFORMATION

1. INVITATION FOR PRE-QUALIFICATION.

2. INSTRUCTIONS FOR PRE-QUALIFICATION BID SUBMISSION.

3. GENERAL CONDITIONS OF CONTRACT.

4. SPECIAL CONDITIONS OF CONTRACT.

5. EXHIBITS (1-14).

6. APPENDIX TO BID.

7. CHECK LIST FOR PQ BID SUBMISSION.

Mumbai Port Trust (MbPT) Invitation for Pre-qualification Civil works at J5 berth, Jawahar Dweep Rev.0 Job No. A812 Document No.: CE.JD-5(CIVIL)/2015 Page 3 of 157 _____________________________________________________________________________________________

Short NIB


INVITATION FOR PRE-QUALIFICATION


GLOBAL NOTICE FOR INVITATION FOR PRE-QUALIFICATION BIDS FOR CIVIL WORKS FOR THE PROJECT OF FIFTH OIL BERTH AT JAWAHAR DWEEP IN MUMBAI HARBOUR

(PQ DOCUMENT NO.:CE.JD-5(CIVIL)/2015) 1.0 PROJECT DETAIL IN BRIEF

1.1 The Mumbai Port is a natural harbour sheltered between Mumbai Island and Main land. The

Mumbai Port presently has 27 berths in Indira Dock including four berths along Harbour Wall

berths to handle dry cargo. The Port has four jetties known as J1, J2, J3 and J4 at Jawahar

Dweep, for handling crude and POL products. The Port has three liquid berths for handling

chemical / POL at Pir Pau near Trombay. Mumbai Port intends to construct fifth (J5) oil berth to

meet the requirement of the Oil PSUs as a replacement to the fourth oil berth.

1.2 MbPT has appointed EIL as Project Management Consultant for this Project.

1.3 MbPT has adopted a two stage process (collectively referred to as “Bidding Process”) for

selection of the bidder for award of the civil work. The first stage i.e. “Pre-qualification” involves

the Technical & Financial Qualification of interested parties who make an application in

accordance with the provision of this bidding document for Pre-qualification. At the end of this

stage, the owner will announce a shortlist of suitable qualified bidders who shall be eligible for

participation in the second stage of the Bidding Process i.e. Price Bid comprising bid security

deposit, tender form, schedule of rates.

1.4 For the first stage, i.e. “Pre-qualification”, E-bids, under single stage single envelopes bid

system, is invited on Global Competitive Bidding basis from competent agencies with sound

technical and financial capabilities meeting the Qualification Criteria specified herein.

2.0 SCOPE OF WORK

2.1 The Brief scope of the work shall be as follows:

The proposed fifth Oil berth (J5) consists of the Unloading platform, berthing / mooring dolphins

on either side of unloading platform and are interconnected with catwalk bridges, approach

trestle connecting unloading platform with Jawahar Dweep Island and new fire water pump

house structure. The berth is planned to accommodate the vessels of sizes 70,000 DWT to

250,000 DWT.

The Contractor‟s scope of work for construction of fifth oil berth (J5) consist of residual

engineering for fabrication / installation works, supply, procurement, fabrication, installation and

construction of all civil & structural works related to the marine facilities discussed above as per

AFC drawings, standards and specifications.

2.2 Jetty facility comprises of the following structures:

The tentative parameters for the project to be created are as under:

a. Approach Trestle

The approach trestle connects unloading platform to land fall point at Jawahar Dweep

Island and is 2.5 km long. It consists of a roadway at EL(+) 8.5m CD and 4.6m clear

carriage width suitable for movement of IRC class A vehicles and 10 MT tyre mounted

crane and pipeway of width 11.6m supporting system for piping, cable trays,

instrumentation trays etc. The trestle comprises of a series of pile bents at a spacing of


12m. The substructure comprises of 3 nos of 1200mm Ø vertical bored cast-in-situ

reinforced cement concrete piles with steel casing from pile cut off level to the required

depth at each bent connected at the top with transverse and longitudinal RCC capping

beams. The superstructure comprises of roadway slab and piping support beams. An

abutment shall be constructed at land fall point of Jawahar Dweep Island.

b. Unloading Platform

The unloading platform of size 50m x 25m supported on 52 nos 1400mm Ø vertical bored

cast-in-situ reinforced concrete piles with steel casing from pile cut off level to the required

depth. The deck comprises of combined RCC precast and / or cast-in-situ beams / slabs,

pedestals with anchor bolts/insert plates for supporting 7 nos of marine loading arms (3 nos

crude, 2 nos product, 1 no dirty ballast and 1 no bunkering), manifold and associated

piping, telescopic marine gangway, slop tanks, fire monitor towers. A RCC framed control

room building structure with beam, column and slab arrangement located on jetty head etc.

c. Berthing Dolphin

Four numbers of berthing dolphins of size 20m x 16m with two dolphins located

symmetrically on either side of unloading platform. Each dolphin is fitted with one triple

hook QRMH of 225 MT capacity (75 MT per single hook) with 2 MT electrically operated

capstan and a SCN fender with frontal pad. Each berthing dolphin comprising of 16

numbers, 1400mm Ø vertical bored cast-in-situ reinforced concrete piles with steel casing

from pile cut off level to the required depth. The deck comprises of precast and/ or cast-in-

situ reinforced concrete thick slab.

d. Mooring Dolphin

Six numbers of mooring dolphins of size 15.6m x 15.6m with three dolphins located

symmetrically on either side of unloading platform. Each dolphin is fitted with one triple

hook QRMH of 300 MT capacity (100 MT per single hook) with 2 MT electrically operated

capstan. Boat landing structures (2 nos) supported on 4 numbers 1200mm Ø vertical bored

cast-in-situ RCC piles shall be provided at outer mooring dolphins. Each mooring dolphin

comprises of 12 numbers 1400mm Ø & 4 numbers 1500mm Ø vertical bored cast-in-situ

reinforced concrete piles with steel casing from pile cut off level to the required depth. The

deck comprises of precast and/ or cast-in-situ reinforced concrete thick slab.

e. Personnel Access Ways (Catwalks)

Six nos. of catwalk bridges connecting mooring and berthing dolphins. The berthing

dolphins and unloading platforms are connected with crossover structures.

f. New pump house comprises of the following structures:

The new pump house structure of size 37.5m x 17.7m located adjacent to the existing

pump house structure. The sub structure comprising of RCC deck with combined precast

and cast-in-situ beams / slabs resting on 28 nos 1000mm Ø vertical bored cast-in-situ

reinforced cement concrete piles with steel casing from pile cut off level to the required

depth. The deck comprises of combined RCC precast and cast-in-situ beams / slabs,

pedestals with anchor bolts/insert plates for supporting fire water pumps and associated


piping. The super structure comprises of RCC framed building with columns, beams, slab,

gantry crane supporting beams and masonry wall.

The new pump house shall be connected to the existing pump house with an approach

bridge/trestle resting on piled structure. The existing J4 approach trestle shall be

interconnected to the approach trestle of J5 jetty for supporting fire water lines from pump

house structure.

2.3 List of work items

List of major work items included in the contract but not limited to covering above mentioned

jetty structure are as below:

i) Procurement, fabricate and driving in position of steel liner

ii) Cast-in-situ RCC bored pile

Diameter 1000mm

Diameter 1200mm

Diameter 1400mm

Diameter 1500mm

iii) Precast & cast-in-situ RCC Concrete superstructure

iv) RCC Framed building structure

v) Manufacture, testing, supply and installation in position

Cell Fender & Fender Facia

Electrically operated Quick Release Mooring Hook (Capacity 300T for Mooring Dolphin

and 225T for Berthing Dolphin) fitted with capstan, Remote release and mooring

Load Monitoring System with alarm and display.

Cast Iron Bollard (Capacity 30T).

Erection of gangways tower (Gangway tower is free issue item)

vi) Manufacture, testing, supply and installation in position

Reinforced Rubber Ladder

Stainless Steel Mooring Hook

Rubber confirming to ASTM D2000 Rubbing Strip

vii) Catwalk steel truss bridges and crossover structures

viii) Cast-in-situ RCC pedestals, Lintels & Chajja

ix) Galvanized, steel tubular Railing and gratings.

x) Expansion joints

xi) Earthwork in excavation, filling & disposal.

2.4 Detailed Scope shall be as per Technical Part of the Bidding document.

3.0 BIDDER QUALIFICATION CRITERIA

Bidder shall meet the following bidder qualification criteria:

3.1 The bidder shall either be a single bidder or an unincorporated Joint Venture or Consortium of

two or maximum three firms.

3.2 Technical Criteria


3.2.1 Experience in case of single bidder.

3.2.1.1 Bidder should have successfully completed during the last seven (07) years ending 30.11.2015

with a single point responsibility, the following:

a) One “similar completed work” of value not less than Rs. 239.20 crore (USD 36.24

Million).

or

b) Two “similar completed works” each of value not less than Rs. 149.50 crore (USD 22.65

Million).

or

c) Three “similar completed works” each of value not less than Rs.119.60 crore (USD 18.12

Million)

(1 USD = 66 INR)

“Similar work” shall mean construction of offshore ship berth/ jetty consisting of RCC Cast-in-

situ piles, cast-in-situ/ precast concrete deck and beam slab arrangements

3.2.1.2 Bidder shall deploy at least two numbers of marine based hydraulic rotary drilling (with

diamond coring) and piling rigs capable of piling up to 1500mm diameter RCC cast-in-situ piles

with minimum 5m rock socketing in hard rock (RQD more than 75%) in water depths of 19m

w.r.t CD (Chart Datum) with total pile penetration depth of minimum 10m below sea-bed.

Bidder shall confirm the deployment of minimum two number of marine based hydraulic rotary

drilling (with diamond coring) and piling rigs simultaneously.

3.2.2 Experience incase of bidder is a Unincorporated Joint Venture or Consortium

3.2.2.1 In case the bidder is an Unincorporated Joint Venture or consortium of two or three firms,

the members shall submit an Agreement / Memorandum of Understanding (MOU)

entered into between themselves for participating in qualification clearly specifying the

percentage shareholding, scope and responsibility of each member of joint

venture/consortium.

3.2.2.2 All member firms/ companies of the Unincorporated Joint Venture or consortium, shall be

jointly and severally bound to the employer for the fulfillment of the terms of the contract

and shall authorize the Lead Member of the Joint Venture or consortium with authority to

bind the joint venture or consortium, through a Power of Attorney given jointly by all the

members to the Lead Member. The composition or the constitution and distribution of

work of the joint venture shall not be allowed to be altered after opening of PQ Bids.

3.2.2.3 Lead Member of the unincorporated joint venture or consortium shall meet the technical

qualification criteria at clause 3.2.1.1 and any members of the unincorporated joint

venture or consortium shall meet the criteria at clause 3.2.1.2. This Agreement shall

remain in force at least till the pendency of the contract.

3.2.2.4 Lead Member of the unincorporated joint venture or consortium shall be responsible for

Overall Project Management of the complete project.

3.2.3 In case the bidder‟s qualifying job meeting the requirements of cl. 3.2.1.1 above is executed as

part of an unincorporated Joint Venture or Consortium, the bidder must have carried out the


works corresponding to the qualification as per requirements of cl. 3.2.1.1 as part of his scope

of work in the unincorporated Joint Venture/ Consortium agreement. Bidder shall submit a

copy of such unincorporated Joint Venture/ Consortium agreement executed for the qualifying

job showing the scope of works executed by the bidder in the qualifying job.

3.2.4 In case the bidder does not meet the requirements of cl. 3.2.1.1 above himself, bidder may

utilize the experience of their parent company provided that the bidder is subsidiary of the

parent company (Parent company that shall have the controlling stake more than 50% in the

subsidiary company) and the parent company provides an undertaking that they are jointly or

severally responsible for successful Performance of Contract.

3.3 FINANCIAL CRITERIA:

3.3.1 Financial Criteria in case of single bidder

3.3.1.1 Annual Turnover Criteria :

The Annual average Turnover of the Bidder during the three preceding financial years ending

31.3.2015 shall not be less than Rs 89.70Crore(USD 13.59million).

3.3.1.2 Networth Criteria

The networth of the bidder as per the immediate preceding year‟s audited financial results should be atleast Rs 44.85Crore (USD 6.80million).

Note : Networth means paid up share capital, Share Application Money pending allotment* and

reserves# less accumulated losses and deferred expenditure to the extent not written off.

# Reserves to be considered for the purpose of networth shall be all reserves created out of the profits and securities premium account but shall not include reserves created out of revaluation of assets, write back of depreciation and amalgamation.

*Share Application Money pending allotment will be considered only in respect of share to be allotted.

Accordingly, the definition of Networth shall be as follows:

Paid up share capital XXXX Add : Share Application Money pending allotment XXX Add : Reserves (As defined Above) XXXX Less : Accumulated Losses XX Less : Deferred Revenue Expenditure to the extent not written off __XX Networth XXXX

3.3.1.3 Working Capital Criteria

Bidder should have minimum working capital equal to Rs 29.90 Crore (USD 4.53 million) as per the immediate preceding year‟s audited financial results.

Working Capital shall be Current Assets minus Current Liabilities.

In case bidder is unable to meet the working capital requirement as above, the bidder can supplement the working capital with a line of credit from any scheduled bank in India. In such a case, bidder shall furnish a declaration from the bank for availability of line of credit for atleast the above value, in the format enclosed as Annexure-A.


3.3.2 Financial Criteria incase of bidder is a Unincorporated Joint Venture or Consortium

3.3.2.1 Annual Turnover Criteria :

Any one of the member of the consortium/ Unincorporated Joint Venture shall meet the annual turnover criteria defined in clause 3.3.1.1 above.

3.3.2.2 Networth Criteria

Lead member shall meet the Networth criteria defined in clause 3.3.1.2 above and networth of other members shall be positive.

3.3.2.3 Working Capital Criteria

Any one of the member of the consortium/ Unincorporated Joint Venture shall meet the working capital criteria defined in clause 3.3.1.3 above.

3.4 SUPPORTING DOCUMENTS

The following documents are required to be submitted at the time of submitting the bid with

respect to Bidder Qualification Criteria:

3.4.1 Bidder shall submit documentary proofs like work orders, project completion certificates, project

tender scope of work documents etc from client or client appointed authorized agency/ PMC

indicating scope, schedule and satisfactory completion of the work completed by the bidder as

per requirements mentioned above in clause 3.2.1.1.

3.4.2 Bidder shall submit the documentary proof for establishing the owner-ship of marine based

hydraulic rotary drilling (with diamond coring) and pilling rig, required as per clause 3.2.1.2

above.

In case the bidder does not own the marine based hydraulic rotary drilling (with diamond coring)

and pilling rig, bidder shall submit “Commitment Letter” from owner of marine based hydraulic

rotary drilling (with diamond coring) and piling rigs as per requirements mentioned above in

clause 3.2.1.2.

3.4.3 The hydraulic rotary drilling and piling rigs proposed by the bidder shall not be older than 15

years. Bidder shall submit the equipment details like catalogue, make, type, model, certificate

issued by third party inspection agency indicating that it is in good working condition, year of

manufacture, present location, works carried out by the same in past etc., for the two marine

based hydraulic rotary drilling (with diamond coring) and piling rigs proposed by the bidder for

this project.

3.4.4 Bidder to evidence the meeting of financial criteria shall furnish complete audited annual report

including but not limited to auditor‟s report, Balance Sheet, Profit & Loss Account Statement and

all other schedules for the preceding three financial years.

Further, in case of bidder being an unincorporated Joint Venture or Consortium, complete

audited annual report including but not limited to auditor‟s report, Balance Sheet, Profit & Loss

Account Statement and all other schedules for the preceding three financial years of all the

members shall be furnished.


3.5 General

3.5.1 For Foreign bidders annual turnover indicated in foreign currencies other than US $ shall be converted to US $ at the exchange rate indicated in the annual report and if not indicated in the annual report, then exchange rate as applicable on last date of the respective accounting year shall be considered. Agency shall indicate the authenticated exchange rate(s) obtained from bank in their PQ Bid, as applicable.

Similarly, if the value of the work is in a currency other than specified in the Technical criteria of Bidder Qualification Criteria then the exchange rate on the date of completion of the work shall be considered.

3.5.2 In case a bidder is having wholly owned subsidiaries but only a single consolidated annual report is prepared and audited which includes the financial details of their wholly owned subsidiaries, consolidated audited annual report shall be considered for establishing the financial criteria subject to statutory auditor/ chartered accountant of the bidder certifying that separate annual report of bidder (without the financial data of subsidiaries) is not prepared and audited.

3.5.3 All supporting documents, pertaining to “Qualification Criteria” shall be submitted

Either duly certified by Statutory Auditor of the bidder or practicing Chartered Accountant (not being an employee or a director or not having any interest in the bidder(s) company / firm) where audited accounts are not mandatory as per law

or

duly notarized by any Notary Public in the bidder‟s country.

3.5.4 If the above supporting documents are not in English language, then the English translation copy of the same shall also be furnished duly certified, stamped and signed by Local Chamber of Commerce in addition to the certification of original documents as per 3.3 above.

3.5.5 Bidders should ensure submission of complete information/ documentation in the first instance itself. Pre-Qualification may be completed based on the details so furnished without seeking any subsequent additional information.

In absence of requisite document, MbPT/ EIL reserves the right to reject the bid without making any reference to the bidder.

3.5.6 Submission of authentic documents is the prime responsibility of the bidder.

Wherever EIL/ MbPT has concern or apprehension regarding the authenticity / correctness of any document, EIL/ MbPT reserves a right of getting the document cross verified from the document issuing authority.

3.6 A bidder who is on Holiday/ Negative list of EIL/ MbPT on due date of submission of bid / during the process of evaluation of the bids, the offers of such bidders shall not be considered for bid opening/evaluation/award. Further, in case of a consortium/ Unincorporated JV, if any of the member(s) of consortium/ JV is on Holiday/ Negative list of EIL/ MbPT on due date of submission of bid/ during the process of evaluation of the bids, the offers of such consortium shall not be considered for bid opening/ evaluation/ Award.

4.0 Performance of the contractor in the previous contracts will also be considered during

evaluation. Owner reserves the right to accept/ reject the bidder considering past performance

track record in previous contracts based on documentary evidence and certification by Mumbai

Port Trust.

5.0 0 Salient Features of PQ document

5.1 PQ document on website : 16.11.2015 to 15.12.2015


5.2 Pre – Bid meeting : 1500 Hrs (IST) of 30.11.2015

5.3 Cutoff date for Pre – Bid Queries 27.11.2015

5.4 Venue for pre-bid meeting : Conference room, Project Office, CE‟s Department, Mumbai Port Trust, Port Bhavan,Shoorji Vallabhdas Marg, Ballard Estate, Mumbai -400001

5.5 Pre-bid queries shall be forwarded to AGM (C&P)-EIL & Deputy Chief Engineer- MbPT at below e-mail ids.

5.6 Contact Person for Pre-bid meeting : Shri Keshav Sundar, Deputy Chief Engineer, E-mail id : [email protected]

[email protected]; Contact no. : 022-66564033.

5.7 Last Date and Time for receipt of electronic PQ Bids

: 12:00 Hrs. (IST) on 15.12.2015

5.8 Last Date and Time for receipt of Bid document fee in original

: 12:00 Hrs. (IST) on 15.12.2015

5.9 Date and Time for opening of PQ bids : 14:00 Hrs (IST) on 15.12.2015

5.10 Certified supporting document as per 3.4 & 3.5 above to be submitted to

: Rekha Choudhry, AGM (C&P), Engineers India Limited, EI Bhawan, 10

th Floor, 1,

BhikaijiCama Place, R.K. Puram, New Delhi-110066; Telephone: 91-11-2676-3457/ 2382; E-mail: [email protected]/ [email protected]

6.0 Evaluation for Pre-Qualification of bids shall be carried out as specified in Pre-Qualification

Document.

7.0 Bidder submitting their PQ bid shall not be under liquidation, court receivership or similar

proceeding.Bidder shall submit self-certificate in this regard.

8.0 Non-transferable Pre-Qualification Document can be down loaded from MBPT web site

www.mumbaiport.gov.in ; EIL website http://tenders.eil.co.in or from Govt. Website

http://eprocure.gov.in/eprocure/app.Request for sending the Document by post, courier or any

other mode shall not be entertained.

9.0 Bidders are required to pay the Document cost of INR 21,000/- (US $320) at the time of

submission of their Pre-Qualification Bid through the:

a) Crossed Demand Draft / Banker‟s Cheque from any Scheduled/ Nationalised or International Bank having its branch at Mumbai drawn in favour of Board of Trustees of the Port of Mumbai payable at Mumbai. or

b) RTGS.

DD / Bankers cheque can either be submitted to MbPT office Mumbai or EIL Delhi on or before Bid Due date and time.

If bidder opts for Payment of Document fee through RTGS, amount shall be received in MbPT account within the bid due date and time. Account details of MbPT for RTGS payment is as follows:

Name : The Board of Trustees of the Port of Mumbai

IFSC : SBIN 0000300

mailto:[email protected]:[email protected]:[email protected]:[email protected]://www.mumbaiport.gov.in/http://tenders.eil.co.in/http://eprocure.gov.in/eprocure/app


A/c no. : 10996685430

Proof of payment of document fee (DD or RTGS) shall be uploaded alongwith e-bid.

PQ Bid submitted without the payment for cost of PQ Document may not be entertained and will

be rejected.

10.0 There will be no sale of PQ document in physical form. However, certain data/ drawings which

are confidential/ proprietary in nature may not be uploaded with the PQ document on above

websites and the same have to be obtained by bidder in physical form from Owner/ EIL on

request after submitting a duly signed NDA (non-disclosure agreement) in original.

These data/ details indicated in the bidding document but not uploaded alongwith PQ

document, shall form an integral part of PQ document. It shall be bidder‟s responsibility to

collect the same from Owner / EIL. Any implication (cost/ time) due to default by bidder to

collect the same, shall be bidder‟s account.

11.0 Bidders are required to submit their bids only in electronic form online through CPP portal

http://eprocure.gov.in/eprocure/app in accordance with the instructions and terms & conditions

of this PQ Document before the final due date & time for bid submission and opened on the

same day.

Physical / Fax/ e-mail Bids shall not be accepted. However, following documents in addition to uploading with e-bid on the e-tendering website, shall also be submitted in Original physical form, to the address mentioned above:

1. Document cost in crossed Demand draft / Banker‟s cheque/ RTGS as per cl. 9.0 above, to be submitted within due date and time, i.e., within 1200 Hrs (IST) of 15.12.2015.

2. Originally certified documents for meeting the Qualification Criteria (Technical & Commercial), as per cl. 3.0 of Invitation for Pre-qualification, to be submitted within 1400 Hrs (IST) of 18.12.2015.

Submission of bid online is mandatory. In case bidder furnishes the physical documents as

above, but bid is not submitted online at CPP portal http://eprocure.gov.in/eprocure/app within

the bid due date and time, then physical document as submitted shall not be considered.

12.0 Downloading of PQ Document or/and submission of PQ Bids shall not be presumed as pre-

Qualification or entitle the agencies to participate in the main bidding process.

13.0 MbPT will not be responsible for any costs or expenses incurred by the Bidder in connection

with preparation or delivery of PQ Bids participating in discussions etc. including costs and

expenses related with visits to the site.

14.0 MbPT takes no responsibility for delay, loss or non-receipt of PQ bid sent by post/Courier.

15.0 In case any bidder is found to be involved in cartel formation, his bid will not be considered for

evaluation/ placement of order. Such bidder will be debarred from bidding in future.

16.0 MbPT reserves the right to reject any or all PQ Bids at their sole discretion without assigning

any reason whatsoever.

17.0 Canvassing in any form by the Bidder or by any other Bidder on their behalf may lead to

disqualification of their PQ Bid.

18.0 Clarifications, if any, may be obtained from the Chief Engineer, Civil Engineering Department,

Port Bhavan, 3rd floor, Shoorji Vallabhdas Marg, Ballard Estate Mumbai -400001. Clarifications

may also be obtained from:


Shri Keshav Sundar, Deputy Chief Engineer, Port House, 3rd Floor, Project Office, Civil Engineering Department, Ballard Estate, Mumbai – 400001, E-mail id : [email protected] ; [email protected]; Contact no. : 022-66564033.

mailto:[email protected]:[email protected]

Mumbai Port Trust (MbPT) Invitation for Pre-qualification Civil works at J5 berth, Jawahar Dweep Rev.0 Job No. A812 Document No.: CE.JD-5(CIVIL)/2015 Page 15 of 124 __________________________________________________________________________________________

Annexure-A

DECLARATION FROM THE BANK FOR AVAILABILITY OF LINE OF CREDIT

(To be issued by Bank on Letterhead) [Reference No.:- …………………………………………………….

Date………………………

Bidder Name & Address Dear Sirs, Subject: Working Capital Requirement for ……………………………………….(Name of Work) for……………………………………(Name of Project) of M/s……………………….(Name of OWNER) towards Bidding Document No. ………………………………… Ref. :………………………………… (Account No.) We refer to your letter dated ……………………………………… on the above subject and confirm the following:

Line of Credit (towards Working Capital like CC Limit)

Amount in INR/USD as of …………….

Sanctioned Line of Credit

Utilized Line of Credit

Unutilized Line of Credit

In case of award of ………………………………(Name of Work) to M/s …………………………………(Name of Bidder), We agree to provide the line of credit to meet the working capital requirement for INR/ USD ………………………………. for ……………………………………(Name of the work and job) towards Bidding Document No. …………………………… Yours Faithfully, For and on behalf of …………………………… (Name of Bank)

Mumbai Port Trust (MbPT) Instructions for Pre-qualification Bid Submission Civil works at J5 berth, Jawahardweep Rev.0 Job No. A812 Document No.: CE.JD-5(CIVIL)/2015 Page 16 of 157 __________________________________________________________________________________________

INSTRUCTIONS FOR

PRE-QUALIFICATION BID SUBMISSION


TABLE OF CONTENTS

Sl. No. Brief Description

1.0 INTRODUCTION

2.0 DEFINITIONS

3.0 SCOPE OF WORK

4.0 BRIEF DESCRIPTION OF THE BIDDING PROCESS

5.0 CORRUPT AND FRAUDULENT PRACTICES

6.0 TERMS AND CONDITIONS

7.0 PREPARATION / SUBMISSION OF PQ BIDS

8.0 PQ BID EVALUATION CRITERIA

9.0 COMPLETION SCHEDULE

10.0 DEADLINE FOR SUBMISSION OF BID

11.0 LATE BIDS

12.0 OPENING OF BIDS

13.0 CLARIFICATION OF BIDS

14.0 DETERMINATION OF RESPONSIVENESS

15.0 SHORTLISTING AND NOTIFICATION


1.0 INTRODUCTION : 1.1 MbPT proposes to construct 5th Oil Jetty J5 adjacent to the existing J4 jetty in the

Jawahar Dweep area of MbPT, to cater the fully laden Suez Max tankers.

1.2 The proposed Fifth Oil Berth (J5) consists of the Unloading platform, berthing / mooring dolphins on either side of unloading platform interconnected with catwalk bridges, approach trestle connecting unloading platform with Jawahar Dweep Island and new fire water pump house structure. The berth is planned to accommodate the vessels of sizes 70, 000 to 250, 000 DWT.

1.3 The Contractor‟s scope of work for construction of Fifth Oil Berth (J5) consists of residual engineering for fabrication / installation works, supply, procurement, fabrication, installation and construction of all civil & structural works related to the marine facilities discussed above as per M/s Engineers India Ltd.‟s AFC drawings, standards and specifications stipulated.

1.2 Engineers India Ltd. (EIL), on behalf of Mumbai Port Trust (MbPT) invites bids for Pre-qualification of Bidders for the above scope of work in accordance with the requirements specified in the Pre-qualification (PQ) Document.

1.3 Engineers India Limited (EIL), New Delhi is Consultant for the Project.

2.0 DEFINITIONS 2.1 „Owner/ Client/Employer‟ shall mean Mumbai Port Trust (MbPT), a trust incorporated

under the MPT Act 1963. 2.2 „Consultant‟ shall mean Engineers India Ltd.(EIL), a company incorporated in India

and having its registered Office at EI Bhawan, 1, Bhikaiji Cama Place, New Delhi – 110 066 (India) and shall include its successors and assigns.

2.3 „Bidder‟ shall mean the agency that has submitted the PQ Bid in response to PQ

Document. 2.4 „Pre-qualified Bidder‟ shall mean the Bidder who has been pre-qualified by Owner for

issue of the Bidding Document.

2.5 „PQ Bid‟ shall mean the bid submitted by Bidder(s) for Pre-qualification, for issue of

the Bidding Document for Civil works at J5 Oil Jetty, Jawahardweep, Mumbai Port, in response to this „PQ Document‟.

2.6 „Bid‟ shall mean the bid submitted by the Pre-qualified Bidder after issue of the

Bidding Document.

2.7 „Bidding Document‟ shall mean the document issued to the Pre-qualified Bidder for

submission of their Bid. 2.8 „Experience Criteria‟ shall mean the minimum experience criteria and other

requirement as defined in Invitation for Pre-qualification.

2.8 „Financial Criteria‟ shall mean the minimum annual turnover criteria, Networth Criteria


and Working Capital Criteria and other requirements mentioned in the „Invitation for

Pre-qualification‟.

3.0 SCOPE OF WORK

The proposed fifth Oil berth (J5) consists of the Unloading platform, berthing /

mooring dolphins on either side of unloading platform interconnected with catwalk

bridges, approach trestle connecting unloading platform with Jawahar Dweep Island

and new fire water pump house structure. The berth is planned to accommodate the

vessels of sizes 70, 000 DWT to 250, 000 DWT.

The Contractor‟s scope of work for construction of fifth oil berth (J5) consist of

residual engineering for fabrication / installation works, supply, procurement,

fabrication, installation and construction of all civil & structural works related to the

marine facilities discussed above as per Consultant‟s AFC drawings, standards and

specifications as stipulated.

4.0 Brief Description of the Bidding Process:

4.1 MbPT has adopted a two stage process (collectively referred to as “Bidding Process”)

for selection of the bidder for award of Civil Works For The Project of Fifth Oil (J5)

Berth. The first stage i.e. “Pre-qualification” involves the Technical & Financial

Qualification of interested parties who make an application in accordance with the

provision of this bidding document for Pre-qualification. At the end of this stage, the

owner will announce a shortlist of suitable qualified bidders who shall be eligible for

participation in the second stage of the Bidding Process i.e. Price Bid comprising bid

security deposit, tender form, schedule of rates, etc.

4.2 Only those bidders that are technically & financially qualified and short-listed by the

owner shall be invited to submit the price bids. In the second stage, the bidders will

be required to submit the bid security deposit of requisite amount along with its price

bid, in a separate envelope. The price bid of only those qualified bidders who have

submitted requisite bid security, will be opened. Owner will award the contract to

successful bidder whose bid has been determined to be eligible and responsive to

bid document and who has offered the lowest evaluated price.

5.0 CORRUPT AND FRAUDULENT PRACTICES

The Owner requires that Bidders/ Vendors/ Contractors to observe the highest standard of ethics during the award/ execution of Contract. "Fraudulent Practice" means a misrepresentation of facts in order to influence the award of a Contract to the detriment of the Owner, and includes collusive practice among bidders (prior to or after bid submission) designed to establish bid prices at artificial non-competitive levels and to deprive the owner of the benefits of free and open competition.

a) The owner will reject a proposal for award if it determines that the bidder recommended for award has engaged in fraudulent practices in competing for the Contract in question.

Bidder is required to furnish the complete and correct information/ documents required for evaluation of their bids. If the information/ documents forming basis of evaluation is found to be false/ forged, the same shall be considered adequate ground for rejection of bids and forfeiture of Bid Security.


b) In case, the information/ document furnished by the Bidder/ Vendor/ Contractor forming basis of evaluation of his bid is found to be false/ forged after the award of the contract, Owner shall have full right to terminate the contract and get the remaining job executed at the risk & cost of such Bidder/ Vendor/ Contractor without any prejudice to other rights available to Owner under the contract such as forfeiture of Performance Security, withholding of payment etc.

c) Incase, this issue of submission of false documents comes to the notice after execution of work, Owner shall have full right to forfeit any amount due to the Bidder/ Vendor/ Contractor along with forfeiture of Performance Security/ Security Deposit furnished by the bidder/vendor/ contractor.

d) Further, such bidder/ vendor/ contractor shall be put on Blacklist/ Holiday/ Negative List of owner debarring them from future business with Owner for a time period, as per the prevailing policy in EIL /Owner.

6.0 TERMS AND CONDITIONS

6.1 Content of PQ Document

The PQ documents for the purpose of bidding include the following together with any amendments issued in accordance with clause 6.8 of these Instructions to Bidders.

Volume-1: Contract Information

• Invitation for Pre-qualification • Instructions for Pre-qualification bid submission

• General Conditions of Contract • Special Conditions of Contract

• Exhibits 1 to 14

• Appendix to Tender

6.2 COST OF BIDDING The bidder shall bear all costs associated with the preparation or submission of its PQ Bid, participating in discussions etc. including costs and expenses related with visits to the site(s). MbPT/ EIL will in no case be responsible or liable for those costs and expenses regardless of the outcome of the Bidding process.

6.3 LANGUAGE OF PQ BIDS

The PQ Bid and all correspondence incidental and related to PQ Bid shall be in English language. Any printed literature and document submitted in any other language should be accompanied by authenticated English translation, in which case, for purpose of interpretation of the PQ Bid, English translation shall govern. Responsibility for correctness in translation shall lie with the Bidder.

6.4 COST OF MAIN BIDDING DOCUMENT Non-transferable PQ Document shall be issued to bidders online through websites (www.mumbaiport.gov.in / http://tenders.eil.co.in/ http://eprocure.gov.in/eprocure/app) and bidders will be required to furnish the non-

http://www.mumbaiport.gov.in/http://tenders.eil.co.in/https://eprocure.gov.in/eprocure


refundable document fee prescribed inline with Invitation for PQ, alongwith PQ bid.

6.5 OWNER’S RIGHT

6.5.1 MbPT/ EIL reserve its right to call for clarifications/original of the supporting document for verification, as deemed fit and also to cross check for any details as furnished by the Bidder(s) from past-executed projects/clients/consultants etc. Bidder(s) shall have no objection whatsoever in this regard.

6.5.2 MbPT/ EIL reserve right for acceptability of the Bidder's Bank, for Performance Security, which are required to be submitted by Successful Bidder after award of work.

6.5.3 All the details/documents submitted along with PQ Bid and which have been considered for pre-qualification and the minimum commitments from Bidder shall remain valid and in case of successful Bidder, such commitments shall form part of Contract Document.

6.5.4 In-house work experience shall not be considered as valid experience for the purpose of Pre-Qualification.

A job executed by a bidder for its own plant/projects cannot be considered as experience for the purpose of meeting requirement of PQ of the tender. However, jobs executed for Subsidiary/ Fellow subsidiary/ Holding company will be considered as experience for the purpose of meeting PQ subject to submission of tax paid invoice(s) duly certified by Statutory Auditor of the bidder towards payments of statutory tax in support of the job executed for Subsidiary/ Fellow subsidiary / Holding company. Such bidders to submit these documents in addition to the documents specified in the PQ document to meet PQ.

6.6 CLARIFICATION OF THE PQ DOCUMENTS: The Bidders are advised to examine the PQ Document carefully and if there be or appear to be any ambiguity or discrepancy in the documents, or any clarifications are needed; these shall be sent to the AGM (C&P)-EIL & Chief Engineer- MbPT, so as to reach him at least 03 (three) days before the date fixed for the pre-bid meeting. It is to be noted that no queries, clarifications will be answered after the pre-bid meeting.

6.7 PRE BID MEETING A prebid meeting will be held in the Conference room, Project Office, CE‟s Department, Mumbai Port Trust, to clarify any queries on the PQ document. This meeting will be held on 30.11.2015 at 1500 Hrs (IST) . Bidders in their own interest are advised to take part in the pre-bid meeting seriously

by issuing their genuine queries after going through the entire PQ Document and

also by attending the pre-bid meeting by their competent personnel.

The Bidders are requested to submit any questions relating to the PQ document in

writing or by email in editable word format as enclosed in Exhibit-11.

Bidder shall submit their queries strictly within cut-off date after which, EIL/ owner

shall reserve the right not to entertain any queries.

In case any bidder does not attend the pre bid meeting, it shall be understood that


the bidder has a clear understanding of the scope, terms & conditions of the PQ

document and does not have any comments/ deviations to the requirements of the

PQ Document.

Conclusion agreed in this meeting shall be uploaded as “Record Notes of Pre-bid

Meeting / Reply to Pre-bid Queries” on EIL/ MbPT websites. Record Notes of Pre-

bid Meeting/Reply to Pre-bid Queries shall be considered as part of PQ

document.

6.8 AMENDMENT OF PQ DOCUMENTS

Any modification of the PQ documents as a result of the pre-bid meeting or otherwise

shall be made exclusively through the issue of addendum. Any addendum thus issued shall be part of the PQ documents. Such addenda will be numbered and it shall be submitted by the Bidders as part of their Bid. The Addendum can be downloaded from official website of MbPT/ EIL.

No Press notification for any amendment will be issued. Accordingly, bidders should regularly visit these websites to keep themselves updated.

7.0 PREPARATION/ SUBMISSION OF PQ BIDS

7.1 PQ BID REQUIREMENTS 7.1.1 Bidder is required to submit complete PQ Bid and in the format as given in Checklist

enclosed separately in order to achieve the objective of maintaining uniform PQ Bid structure from all the Bidders. These requirements must be adhered to by all the Bidders.

7.1.2 The Prequalification requirements are explicitly stated in this Document. Bidder is

required to study these requirements in detail & make a PQ Bid as defined above completely meeting these requirements. The PQ Bid must be complete in all respect leaving no scope for ambiguity.

7.1.3 The PQ Bid shall be submitted with all details as per checklist.

7.2 BID SECURITY

7.2.1 Pre-qualified bidder shall be required to furnish Bid Security alongwith their priced bid, in form of a BG and, in the amount and currency as specified in the bidding document for priced bid (i.e., during 2nd stage of bidding process).

7.3 DOCUMENTS COMPRISING THE PQ BID

Electronic Bids (e-bid) as detailed below shall be submitted in e-tendering portal in accordance with the instructions and terms & conditions enclosed as Appendix – A to ITB.

7.3.1 ELECTRONIC PQ BID TO BE SUBMITTED ONLINE

E-bid to be submitted online shall consist of following documents:

(a) Bid Covering letter

(b) Scanned copy of Document Fee (to be uploaded in “FEE FOLDER” in e-tendering portal).


(c) Scanned copy of documents submitted in original as per Clause 7.3.2 of instructions for prequalification bid submission for meeting the pre-qualification criteria;

(d) Scanned Copy of Power of Attorney in favour of person (s) digitally signing the bid that such person (s) is/are authorised to sign the bid on behalf of the bidder and any consequence resulting due to such signing shall be binding on the bidder;

(e) Experience details as per Exhibit-1

(f) Details of Past experience details during the last 07 years as per Exhibit-2.

(g) Financial details as per Exhibit-3.

(h) Companies Organisation Details and Organisation Chart as per Exhibit-4 and Exhibit-5, respectively.

(i) Deleted.

(j) Information about bidder as per Exhibit-6.

(k) Project Execution Plan

Bidder shall furnish their proposed Methodology of execution for the work as per Exhibit-7.

(l) Compliance to Bid requirement as per Exhibit-8;

(m) Self certificate as per Exhibit-9 regarding bidder not being under Liquidation, Court receivership or similar proceedings, Current Litigation/ Arbitration and Black listing/ .Debarred

Note: The above shall be uploaded in “PREQUAL/ TECHNICAL” folder in e-tendering portal.

7.3.2 SUBMISSION OF PHYSICAL DOCUMENTS (DOCUMENT FEE/ DOCUMENTATION AGAINST BQC)

The following documents shall be submitted in original on or before the bid due date and time, mentioned in the Invitation for Pre-qualification or any extension thereof as duly notified in writing by EIL/ Client:

1. Document cost in crossed Demand draft / Banker‟s cheque/ RTGS as per cl. 9.0 of Invitation for Pre-qualification, to be submitted within due date and time, i.e., within 1200 Hrs (IST) of 15.12.2015.

2. Originally certified documents for meeting the Qualification Criteria (Technical & Commercial), as per cl. 3.0 & 4.0 of Invitation for Pre-qualification, to be submitted within 1400 Hrs (IST) of 18.12.2015

Note:

1. Scanned copy of Document cost shall be uploaded in “FEE FOLDER” in e-tendering portal.

2. All above PQ documents shall be submitted in one original and two copies at the following address:

Rekha Choudhary, AGM (C&P), Engineers India Limited, EI Bhawan, 10thFloor, 1, Bhikaiji Cama Place, R.K. Puram,


New Delhi-110066; Telephone: 91-11-2676-3457/ 2382; E-mail: [email protected]/ [email protected]

7.3.3 Salient information to be submitted by Bidder(s) is mentioned under para 7.4 to 7.5

below.

7.4 EXPERIENCE DETAILS 7.4.1 Bidder shall furnish their Experience Details in line with Technical Criteria mentioned

under clause 3.0 of document „Invitation of Pre-qualification‟. The experience details of all such works, which Bidder considers are meeting experience criteria along with copy of detailed work order/Notification for award of work/contract document and copy of proof of completion, shall be submitted as per Exhibit-1.

7.4.2 Bidder shall also furnish the experience details of other similar works as per Exhibit-

2.

7.5 FINANCIAL DETAILS

Bidder shall furnish the following: (i) All information as per Exhibit-3. (ii) Audited balance sheets or financial statement for the three preceding years.

7.6 ALTERNATIVE BIDS

A bidder (i.e., the bidding entity) shall, on no account submit more than one bid either

directly (as a single bidder or as a member of consortium) or indirectly (as a sub-

contractor) failing which following actions shall be initiated:

(a) All bids submitted by such bidder (say „A‟) directly & indirectly, shall stand

rejected and BID SECURITY, if any, in case of direct bid submitted by bidder „A‟

shall be forfeited.

(b) If another bidder (say „B‟) has proposed bidder „A‟ as a sub-contractor then

bidder „B‟‟s bid shall also be rejected. However, in case the bidder „B‟ has also

proposed an alternative sub-contractor who is other than the bidder „A‟, then

bidder „B‟‟s bid shall be evaluated with the proposed alternative sub-contractor

only. Hence, every bidder shall ensure in his own interest that his proposed sub-

contractor is not submitting alternative/ multiple bids.

7.7 FORMAT AND SIGNING OF BID

7.7.1 The e-bid shall be digitally signed (e-signed) using the digital signature of a person

duly authorised to sign on behalf of the bidder. The digital signature used for signing the bid shall be issued in the name of such authorised person and the certificate details, available from the signed documents, should indicate the details of the signatories. All documents/files of the bid shall be signed by using the digital signature issued in the name of the person having valid Power of Attorney (POA) at the time of bid submission. Any consequences resulting due to such signing (e-signing) shall be binding on the bidder.

7.7.2 In case of a JV/Consortium bid, the Bid shall be digitally signed (e-signed) using the

mailto:[email protected]:[email protected]


digital signature of a authorized representative of the JV /Consortium, and so as to be legally binding on all the members as evidenced by a power of attorney signed by their legally authorized representatives.

7.8 SEALING AND MARKING OF BIDS

7.8.1 Bidders shall submit bids (Part-I & Part-II) electronically and shall follow the electronic bid submission procedures enclosed as Appendix-A to this ITB.

7.8.2 The bidder shall submit the, original Document Fee (in case document fee to be submitted in the form of DD/ banker‟s cheque) along with other documents requested in “Original”, as per the requirement of clause no. 7.3.2 of instructions for prequalification bid submission, in separate sealed envelopes, duly marking the envelopes as per following:

Part III –Document Fee / Originals

Name of Work : ______________________

PQ Document No. : ______________________

Due date & Time of Submission : ______________________

From : ______________________ [Name & Address of

Bidder]

7.8.3 The envelope shall bear the name and address of the bidder and bear a warning not to open before the time and date for bid opening.

7.8.4 If all envelopes are not sealed and marked as required, EIL/ MbPT will assume no responsibility for the misplacement or premature opening of the Part-III of bid.

8.0 PQ BID EVALUATION CRITERIA 8.1 Bidder seeking pre-qualification shall meet the Minimum Bid-qualification Criteria

defined in the document „Invitation of pre-qualification‟.

8.2 While evaluating the Bidder‟s conformity with Technical criteria defined in the document „Invitation of pre-qualification‟, the following consideration shall be applied: (i) Only such works shall be taken into consideration, the details of which have

been submitted by the Bidder as per Exhibit-1 along with copy of work order/notification for award and copy of proof of completion.

(ii) Copy of work order/ notification for award of work is a mandatory document,

which establishes that the Bidder has been awarded a work, which is claimed to be meeting the Technical Criteria.

(iii) Submission of adequate proof of Completion, which establishes that the work

under reference has been completed. (iv) Other documents required for qualifications. (v) Submission of all originally certified PQ documents as per cl. 3.0 of Invitation for

PQ. (vi) Incase, these mandatory documents are not enclosed with Exhibit-1 such work

shall not be considered in evaluation for meeting the Technical Criteria.


8.3 FINANCIAL Bidder is required to be financially sound for executing the work covered under the

scope of work. Bidder shall meet the Financial Criteria as defined in the document „Invitation of pre-qualification‟.

For Foreign bidders annual turnover indicated in foreign currencies other than US $ shall be converted to US $ at the exchange rate indicated in the annual report and if not indicated in the annual report, then exchange rate as applicable on last date of the respective accounting year shall be considered. Agency shall indicate the authenticated exchange rate(s) obtained from bank in their PQ Bid, as applicable.

8.4 MbPT/ EIL will examine the PQ Bids for completeness and authenticity including whether the documents have been signed, whether they are complete and whether the details furnished are generally in order.

8.5 MbPT/EIL reserve the right not to seek any additional information/clarification on

documents submitted in support of Pre-qualification requirements and evaluate the PQ Bids on "As Received Basis".

8.6 MbPT/EIL'S RIGHT TO ACCEPT ANY PQ BID AND REJECT ANY OR ALL PQ

BIDS MbPT/ EIL reserves the right to accept or reject any PQ Bid and to annul the Bidding

process and reject all PQ Bids at any time without thereby incurring any liability to the affected Bidder(s) or any obligation to inform the affected Bidder(s) of the grounds for the Owner's action.

8.7 CONTACTING THE MbPT/ EIL

No Bidder shall contact the MbPT/EIL on any matter relating to its PQ Bid from the time of submission of PQ Bid, unless requested so in writing. Any effort by a Bidder to influence the OWNER/EIL in the Owner's decisions in respect of PQ Bid evaluation will result in the rejection of that Bidder's PQ Bid.

9.0 COMPLETION SCHEDULE

Completion schedule for the work is 28 (Twenty-Eight) Months from commencement date as per General conditions of contract.

10.0 DEADLINE FOR SUBMISSION OF BIDS

Bidders shall submit their bids electronically in the e-tendering portal, within the date and time specified in Invitation for Pre-qualification.

Owner/ EIL may, at its discretion, extend the deadline for the submission of bids by amending the PQ Documents in accordance, in which case all rights and obligations of Owner/ EIL and bidders previously subject to the deadline shall thereafter be subject to the deadline as extended.

11.0 LATE BIDS

E-tendering system shall close immediately after the deadline for submission of bid. Any bids being submitted in physical form (other than documents required to be


submitted in physical from as per cl. 7.3.2) shall not be considered for opening / evaluation.

In the event the Document Fee in original, in accordance with 7.3.2 above, are not submitted within the deadline for submission of bids the bids shall be declared late and shall not be considered for opening, notwithstanding the fact that the bid has been submitted in electronic form within the deadline.

12.0 OPENING OF BIDS

EIL & MbPT will open the bids received online at EIL, New Delhi office, at the specified date and time given in the PQ document or extended date, if any. EIL shall verify the availability of requisite document fee, in original, prior to opening of e-Bid. Techno-commercial e-Bid of those bidders shall be considered for opening, who have already submitted the requisite Document fee, in accordance with Invitation for pre-qualification, in original, prior to due date and time for submission of Bids.

On scheduled date and time of bid opening,

(a) Original Document Fee submitted in physical form shall be opened first and verified that whether Document Fee has been furnished as per the requirement.

(b) Upon meeting the requirement of Document Fee as per Clause 7.3.2 above, online opening of e-bid shall be processed on the e-Procurement module of the e-tendering portal.

(c) If a bidder has not complied with Document Fee requirement b) above, such bidder‟s e-bid is not proceeded for further opening and rejected out rightly.

The bidders who have submitted their bid will be able to view online the name & status of all the bidders at their respective windows, after unpriced bid opening by EIL. Accordingly, online opening as above, will be deemed as opened in public and there will be no separate public opening. Hence, bidders will not be called during opening of the PQ bids.

13.0 CLARIFICATION OF BIDS

13.1 Bidders should ensure that the Bid submitted is substantially responsive Bid in the first instance itself. Evaluation may be completed based on the content of the Bid itself without seeking any subsequent additional information which may result in rejection of Bid. However, MbPT/ EIL may, at its discretion, may request bidder to submit the necessary information or documentation, within a reasonable period of time, to withdraw the deviation, reservation, or rectify omission in the bid related to documentation requirements. MbPT/ EIL‟s request for clarification and the response shall be in writing.

13.2 Any clarification submitted by a bidder that is not in response to a request by MbPT / EIL shall not be considered. Failure of the bidder to comply with the request may result in the rejection of its Bid.

13.3 If a bidder does not provide clarifications of its bid by the date and time set in MbPT / EIL‟s request for clarification, its bid shall be evaluated with available information which may result in rejection of their bid.

14.0 DETERMINATION OF RESPONSIVENESS

14.1 EIL‟s determination of a bid‟s responsiveness is to be based on the contents of the


bid itself, as defined in Clause 7.0 above and subsequent clarifications, if any, as per clause 13.0 above.

14.2 MbPT/ EIL will examine the PQ Bids for completeness and authenticity including whether the documents have been signed, whether they are complete and whether the details furnished are generally in order.

14.3 A substantially qualified bid is one that meets the Pre-qualification requirements of this PQ Documents.

14.4 A substantially acceptable bid is one that meets the requirements of the PQ Documents without any deviation.

15.0 SHORT LISTING AND NOTIFICATION After the evaluation of BIDS, MbPT would announce a shortlist of qualified Bidders in writing. Owner would also notify the unsuccessful bidders about the result of the evaluation. The price bids will be invited from the shortlisted bidders only.

Mumbai Port Trust (MbPT) Instructions for Pre-qualification bid Submission Civil works at J5 berth, Jawahardweep Rev.0 Job No. A812 Document No.: CE.JD-5(CIVIL)/2015 Page 29 of 157 __________________________________________________________________________________________

Instructions to Bidders for e-Tendering [APPENDIX-A TO INSTRUCTIONS TO BIDDER]


1.0 INSTRUCTIONS TO BIDDERS FOR E-TENDERING

The bidders are required to submit soft copies of their bids electronically on the CPP Portal (URL: http://eprocure.gov.in) only, using valid Digital Signature Certificates. The instructions given below are meant to assist the bidders in registering on the CPP Portal, prepare their bids in accordance with the requirements and submitting their bids online on the CPP Portal.

Various links such as “Help for Contractor”, “Information about DSC”, “FAQ”, “Resources Required”, “Bidders Manual Kit” etc. are available on home page of http://eprocure.gov.in/eprocure/app facilitating vendors to participate in the bidding process. Bidder are advised to download & utilize the available information/documents under these links for activities like Registration in CPPP, obtaining User ID & Password, uploading & submission of e-bids etc. Bidders are advised in their own interest to carefully go through Instructions for E-tendering and other related document available against various help links so as to ensure that bids are uploaded in E-tendering website well before the closing date and time of bid submission.

More detailed information useful for submitting online bids on the CPP Portal may be obtained at: https://eprocure.gov.in/eprocure/app.

2.0 REGISTRATION

2.1 Bidders are required to enroll on the e-Procurement module of the Central Public Procurement Portal (URL: https://eprocure.gov.in/eprocure/app) by clicking on the link “Click here to Enroll” on the CPP Portal, free of charge.

2.2 As part of the enrolment process, the bidders will be required to choose a unique username and assign a password for their accounts.

2.3 Bidders are advised to register their valid email address and mobile numbers as part of the registration process and submit in EIL tender portal for updation of records (http://tenders.eil.co.in). These details would be used for any communication from the CPP Portal.

2.4 Upon enrolment, the bidders will be required to register their valid Digital Signature Certificate (DSC) (Class II or Class III Certificates with signing key usage) issued by any Certifying Authority recognized by CCA India (e.g. Sify / TCS / nCode / eMudhra etc.), with their profile.

2.5 Foreign Bidders have to refer “DSC details for foreign Bidders” for Digital signature Certificates requirements which comes under Download Tab at https://eprocure.gov.in/eprocure/app and the remaining part is same as above and below.

2.6 Only one valid DSC should be registered by a bidder. Please note that the bidders are responsible to ensure that they do not lend their DSC‟s to others which may lead to misuse.

2.6 Bidder then logs in to the site through the secured log-in by entering their user ID / password and the password of the DSC / e-Token.

http://eprocure.gov.in/https://eprocure.gov.in/eprocurehttps://eprocure.gov.in/eprocure/apphttps://eprocure.gov.in/eprocure/apphttp://tenders.eil.co.in/https://eprocure.gov.in/eprocure/app


3.0 SEARCHING FOR BIDDING DOCUMENTS

3.1 There are various search options built in the CPP Portal, to facilitate bidders to search active tenders by several parameters. These parameters could include Tender ID, organization name, location, date, value, etc. There is also an option of advanced search for tenders, wherein the bidders may combine a number of search parameters such as organization name, form of contract, location, date, other keywords etc. to search for a tender published on the CPP Portal.

3.2 Once the bidders have selected the tenders they are interested in, the same can be moved to the respective „My Tenders‟ folder. This would enable the CPP Portal to intimate the bidders through SMS / e-mail in case there is any corrigendum issued to the Bidding Document.

3.3 The bidder should make a note of the unique Tender ID assigned to each tender, in case they want to obtain any clarification / help from the Helpdesk.

4.0 PREPARATION OF BIDS

4.1 Bidder should take into account any corrigendum published on the bidding document before submitting their bids.

4.2 Please go through the tender advertisement and the bidding document carefully to understand the documents required to be submitted as part of the bid. Please note the number of covers in which the bid documents have to be submitted, the number of documents - including the names and content of each of the document that need to be submitted. Any deviations from these may lead to rejection of the bid.

4.3 To avoid Network congestion, Bidder is recommended to upload file size of up to Maximum 35 MB per part. However, in case file size exceeds 35 MB, bidder may compress the files by scanning with 75 dpi setting as per s.no 4 below and can use additional 25 MB space (“My Documents”) provided to the bidder as per s.no 5 below.

4.4 Bidder, in advance, should get ready the bid documents to be submitted as indicated in the Bidding Document and generally, they can be in PDF / XLS / RAR / DWF formats. Bid documents may be scanned with 100 dpi with black and white option. However, Price Schedule / SOR shall be strictly in RAR format without altering any contents of the formats uploaded by EIL in their Bidding Document.

4.5 To avoid the time and effort required in uploading the same set of standard documents which are required to be submitted as a part of every bid, a provision of uploading such standard documents (e.g. PAN card copy, annual reports, auditor certificates etc.) has been provided to the bidders. Bidders can use “My Space” area available to them to upload such documents. These documents may be directly submitted from the “My Space” area while submitting a bid, and need not be uploaded again and again. This will lead to a reduction in the time required for bid submission process.


5.0 SUBMISSION OF BIDS

5.1 Bidder should log into the site well in advance for bid submission so that he/she upload the bid in time i.e. on or before the bid submission time. Bidder will be responsible for any delay due to other issues.

5.2 The bidder has to digitally sign and upload the required bid documents one by one as indicated in the bidding document.

5.3 The e-bid shall be digitally signed (e-signed) using the digital signature of a person duly authorized to sign on behalf of the bidder. The digital signature used for signing the bid shall be issued in the name of such authorized person and the certificate details, available from the signed documents, should indicate the details of the signatories. All documents/files of the bid shall be signed by using the digital signature issued in the name of the person having valid Power of Attorney (POA) at the time of bid submission. Any consequences resulting due to such signing (e-signing) shall be binding on the bidder.

5.4 Bidder has to select the payment option as “offline” to pay the document fee / EMD as applicable and enter details of the instrument.

5.5 Bidder should prepare the Document Fee/ EMD as per the instructions specified in the Bidding Document. The original should be posted/couriered/given in person to the address given in the Invitation for Pre-qualification, within the final bid due date & time. The details of the DD/any other accepted instrument, physically sent, should tally with the details available in the scanned copy and the data entered during bid submission time. Otherwise the uploaded bid will be rejected.

5.6 The server time (which is displayed on the bidders‟ dashboard) will be considered as the standard time for referencing the deadlines for submission of the bids by the bidders, opening of bids etc. The bidders should follow this time during bid submission.

5.7 All the documents being submitted by the bidders would be encrypted using PKI encryption techniques to ensure the secrecy of the data. The data entered cannot be viewed by unauthorized persons until the time of bid opening. The confidentiality of the bids is maintained using the secured Socket Layer 128 bit encryption technology. Data storage encryption of sensitive fields is done.

5.8 The uploaded Bidding Documents become readable only after the tender opening by the authorized bid openers.

5.9 Upon the successful and timely submission of bids, the portal will give a successful bid submission message & a bid summary will be displayed with the bid no. and the date & time of submission of the bid with all other relevant details.

5.10 The bid summary has to be printed and kept as an acknowledgement of the submission of the bid. This acknowledgement may be used as an entry pass for any bid opening meetings.


6.0 RETENDER

Please note that if Tender has been retendered, than it is mandatory for the bidder to submit their offer again on CPP Portal.

7.0 WITHDRAWAL OF BID

It may please be noted that bidders now have an additional feature of withdrawing their bids before due date and time. After submitting the bid on the CPP Portal, if the bidder wishes to withdraw his bid, he can do so. However, if the bidder withdraws his bid, he will be exempted from further participation in the tender and won‟t be able to submit his bid again for that particular tender.

8.0 LATE BIDS

E-tendering system shall close immediately after the deadline for submission of bid. Any bids being submitted in physical form (other than documents required to be submitted in physical from as per Invitation for pre-qualification) shall not be considered for opening / evaluation / award and will be returned to such bidders.

In the event the Document Fee in original, in accordance with Invitation for pre-qualification, are not submitted within the deadline for submission of bids, the bids shall be declared late and shall not be considered for opening, notwithstanding the fact that the bid has been submitted in electronic form within the deadline.

9.0 ASSISTANCE TO BIDDERS

Any queries relating to the Bidding Document and the terms and conditions contained therein should be addressed to the Tender Inviting Authority or the relevant contact person indicated in the tender.

Any queries relating to the process of online bid submission or queries relating to CPP Portal in general may be directed to the 24x7 CPP Portal Helpdesk. The contact number for the helpdesk is 1800 233 7315.

Mumbai Port Trust (MbPT) General Conditions of Contract Civil works at J5 berth, Jawahardweep Rev.0 Job No. A812 Document No.: CE.JD-5(CIVIL)/2015 Page 34 of 157 ________________________________________________________________________________________

GENERAL CONDITIONS OF CONTRACT


GENERAL CONDITIONS OF CONTRACT

TABLE OF CONTENTS

1.0 GENERAL PROVISIONS ...................................................................................................

1.1 DEFINITIONS 1.1.1 The Contract

1.1.2 Parties and Persons

1.1.3 Dates, Tests, Periods and Completion

1.1.4 Money and Payments

1.1.5 Works and Goods

1.1.6 Other Definitions

1.2 INTERPRETATION

1.3 COMMUNICATIONS

1.4 LAW AND LANGUAGE

1.5 PRIORITY OF DOCUMENTS

1.6 CONTRACT AGREEMENT

1.7 ASSIGNMENT

1.8 CARE AND SUPPLY OF DOCUMENTS

1.9 DELAYED DRAWINGS OR INSTRUCTIONS

1.10 EMPLOYER'S USE OF CONTRACTOR’S DOCUMENTS

1.11 CONTRACTOR’S USE OF EMPLOYER'S DOCUMENTS

1.12 CONFIDENTIAL DETAILS

1.13 COMPLIANCE WITH LAWS

1.14 JOINT AND SEVERAL LIABILITY

1.15 DETAILS TO BE CONFIDENTIAL

2.0 THE EMPLOYER .................................................................................................................

2.1 RIGHT OF ACCESS TO THE SITE

2.2 PERMITS, LICENCES OR APPROVALS

2.3 EMPLOYER'S PERSONNEL

2.4 EMPLOYER'S CLAIMS

3.0 ENGINEER ..........................................................................................................................

3.1 ENGINEER’S DUTIES AND AUTHORITY

3.2 DELEGATION BY THE ENGINEER

3.3 INSTRUCTIONS OF THE ENGINEER

3.4 DETERMINATIONS

3.5 MANAGEMENT MEETINGS

4.0 THE CONTRACTOR .........................................................................................................

4.1 CONTRACTOR’S GENERAL OBLIGATIONS

4.2 PERFORMANCE SECURITY

4.3 CONTRACTOR’S REPRESENTATIVE

4.4 SUB-CONTRACTORS

4.5 ASSIGNMENT OF BENEFIT OF SUB-CONTRACT

4.6 CO-OPERATION

4.7 SETTING OUT

4.8 SAFETY PROCEDURES

4.9 QUALITY ASSURANCE

4.10 SITE DATA

4.11 SUFFICIENCY OF THE ACCEPTED CONTRACT PRICE

4.12 UNFORESEEABLE PHYSICAL CONDITIONS

4.13 RIGHTS OF WAY AND FACILITIES

4.14 AVOIDANCE OF INTERFERENCE


4.15 ACCESS ROUTE

4.16 TRANSPORT OF GOODS

4.17 CONTRACTOR’S EQUIPMENT

4.18 PROTECTION OF THE ENVIRONMENT

4.19 SITE FACILITIES

4.20 PROGRESS REPORTS

4.21 SECURITY OF THE SITE

4.22 CONTRACTOR’S OPERATIONS ON SITE

4.23 FOSSILS

5.0 STAFF AND LABOUR ......................................................................................................

5.1 ENGAGEMENT OF STAFF AND LABOUR

5.2 RATES OF WAGES AND CONDITIONS OF LABOUR

5.3 PERSONS IN THE SERVICE OF EMPLOYER

5.4 LABOUR LAWS

5.5 WORKING HOURS

5.6 FACILITIES FOR STAFF AND LABOUR

5.7 HEALTH AND SAFETY

5.8 CONTRACTOR’S SUPERINTENDENCE

5.9 CONTRACTOR’S PERSONNEL

5.10 RECORDS OF CONTRACTOR’S PERSONNEL AND EQUIPMENT

5.11 DISORDERLY CONDUCT

6.0 PLANT, MATERIALS AND WORKMANSHIP ..............................................................

6.1 MANNER OF EXECUTION

6.2 SAMPLES

6.3 INSPECTION

6.4 TESTING

6.5 REJECTION

6.6 REMEDIAL WORK

6.7 OWNERSHIP OF PLANT AND MATERIALS

6.8 ROYALTIES

7.0 COMMENCEMENT, DELAYS AND SUSPENSION ....................................................

7.1 COMMENCEMENT OF WORK

7.2 TIME OF COMPLETION, COMPENSATION FOR DELAY DUE TO CONTRACTOR’S

NEGLIGENCE (LIQUIDATED DAMAGES)

7.3 PROGRAMME

7.4 EXTENSION OF TIME FOR COMPLETION

7.5 DELAYS CAUSED BY AUTHORITIES

7.6 RATE OF PROGRESS

7.7 MANAGEMENT MEETINGS

7.8 CONTRACTOR’S RESPONSIBILITY

7.9 SUSPENSION OF WORK

7.10 CONSEQUENCES OF SUSPENSION

7.11 PAYMENT FOR PLANT AND MATERIALS IN EVENT OF SUSPENSION

7.12 PROLONGED SUSPENSION

7.13 RESUMPTION OF WORK

8.0 TESTS ON COMPLETION ...............................................................................................

8.1 CONTRACTOR’S OBLIGATIONS

8.2 DELAYED TESTS

8.3 RETESTING

8.4 FAILURE TO PASS TESTS ON COMPLETION

9.0 EMPLOYER'S TAKING OVER ........................................................................................

9.1 TAKING OVER OF THE WORKS AND SECTIONS

9.2 TAKING OVER OF PARTS OF THE WORKS

9.3 INTERFERENCE WITH TESTS ON COMPLETION


9.4 SURFACES REQUIRING REINSTATEMENT

10.0 DEFECTS LIABILITY ........................................................................................................

10.1 COMPLETION OF OUTSTANDING WORK AND REMEDYING DEFECTS

10.2 COST OF REMEDYING DEFECTS

10.3 EXTENSION OF DEFECTS LIABILITY PERIOD

10.4 FAILURE TO REMEDY DEFECTS

10.5 REMOVAL OF DEFECTIVE WORK

10.6 FURTHER TESTS

10.7 RIGHT OF ACCESS

10.8 CONTRACTOR TO SEARCH

10.9 PERFORMANCE CERTIFICATE

10.10 UNFULFILLED OBLIGATIONS

10.11 CLEARANCE OF SITE

11.0 MEASUREMENT AND EVALUATION ...........................................................................

11.1 WORKS TO BE MEASURED

11.2 METHOD OF MEASUREMENT

11.3 EVALUATION

11.4 OMISSIONS

12.0 VARIATIONS AND ADJUSTMENTS .............................................................................

12.1 RIGHT TO VARY

12.2 VALUATION PROCEDURE

12.3 PAYMENT IN APPLICABLE CURRENCIES

12.4 PROVISION