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
For 1st 15 days a penalty of 3% per day of the daily hire rate shall be levied. From 16 to 30 day a penalty
of 5% per day of daily hire rate shall be levied.
A maximum period of 30days for Dry docking period will be provided.
(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,
For 1st 15 days a penalty of 10% per day of the daily hire rate shall be levied. From 16 to 30 day a penalty
of 15% per day of daily hire rate shall be levied.
2. FiFi class:- Non compliance with respective FiFi class will attract penalty as follows:-
Half FiFi – 2 Nos 50 Ton Bollard Pull Tugs
For 1st 15 days a penalty of 3% per day of the daily hire rate shall be levied. From 16 to 30 day a penalty
of 5% per day of daily hire rate shall be levied.
A maximum period of 30days for Dry docking period will be provided.
(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
Tender Condition Prevails.
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
Tender Condition Prevails.
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.
Tender Condition Prevails.
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,
Offered Tug should be made available within 90 days from date of award of the contract.
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.
Tender Conditions Prevails.
CLAUSE NO. 2.19; PENALTY
CLAUSE NO. 4.19; PENALTY
14
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 prorate basis
CLAUSE NO. 2.19; PENALTY
If contractor expresses his inability to provide the
offered crafts or substitute crafts by 20th day then
the contract shall be terminated.
CLAUSE NO. 4.19; PENALTY
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
Tender Conditions Prevails.
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
CLAUSE NO. 1.28; PENALTY
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”
Tender Conditions Prevails.
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.
CLAUSE NO. 2.19; PENALTY
CLAUSE NO. 4.19; PENALTY
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.
Tender Conditions Prevails.
CLAUSE NO. 4.12; SUB CLAUSE NO. 4.12.1;
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.
Tender Conditions Prevails.
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
Tender Conditions Prevails.
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
CLAUSE NO. 2.4; SUB CLAUSE NO. 2.4.3;
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.
CLAUSE NO. 2.5.2; ALLOWED MAINTENANCE
PERIOD (PAID DOWNTIME)
(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).
Tender Conditions Prevails.
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.
CLAUSE NO. 4.5.1; ALLOWED MAINTENANCE
PERIOD (PAID DOWNTIME)
CLAUSE NO. 4.5.2; ALLOWED MAINTENANCE
PERIOD (PAID DOWNTIME)
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
Tender Conditions Prevails.
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.
We request your kind confirmation on the
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
Tender Conditions Prevails.
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.
Tender Conditions Prevails.
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
Tender Conditions Prevails.
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.
We request your kind confirmation on the
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.
Tender Conditions Prevails.
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.
Tender Conditions Prevails.
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,
Tender Conditions Prevails.
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
Tender Conditions Prevails.
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.
Tender Conditions Prevails.
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.
Tender Conditions Prevails.
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
Tender Conditions Prevails.
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).
Tender Conditions Prevails.
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.
Tender Conditions Prevails.
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.
Tender Conditions Prevails.
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.
Offered Tug should be made available within 90 days from date of award of the contract.
47 Tests and Trials by Third Party Should be dispensed with once the Vessel has been technically accepted by the port.
Tender Conditions Prevails.
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.
Offered Tug should be made available within 90 days from date of award of the contract.
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
Tender Conditions Prevails.
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.
Tender Conditions Prevails.
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
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