Maharashtra Maritime Board, Home Department (Ports and ... · Capt. Harish Khatri, Nautical...
Transcript of Maharashtra Maritime Board, Home Department (Ports and ... · Capt. Harish Khatri, Nautical...
Maharashtra Maritime Board, Home Department
(Ports and Transport)
Government of Maharashtra
Request for Proposal
for
Selection of Contractor for supply, transport, deliver and commission of Passenger ferry vessel (within port limits) in Maharashtra, India
December 2018
Table of Contents
1. Bid Notice ..................................................................................................................................................3
2. Background ...............................................................................................................................................7
3. Details of Ferry Passenger Vessels ......................................................................................................8
3.1 General ..................................................................................................................................................8
3.2 Main Particulars of the vessel to be specified by Manufacturer/Owner/Operator ......................8
3.3 Classification .........................................................................................................................................8
3.4 Certificates ............................................................................................................................................8
3.5 Capacities and Dead weight ...............................................................................................................9
3.6 Performance ..........................................................................................................................................9
4. Scope of work ...........................................................................................................................................9
5. General terms and conditions ............................................................................................................. 11
6. Performance Guarantee:...................................................................................................................... 11
7. Special terms and conditions .............................................................................................................. 11
8. Duties and Responsibilities of Selected Bidder ................................................................................ 14
9. Preparation and Submission of Bid .................................................................................................... 14
10. Opening of Bids ................................................................................................................................. 16
11. Signing of Agreement ....................................................................................................................... 16
12. Payment Terms ................................................................................................................................. 17
13. Liquidated damages ......................................................................................................................... 17
14. Liability ................................................................................................................................................ 17
15. Termination ........................................................................................................................................ 17
16. Dispute Resolution ............................................................................................................................ 18
17. Applicable law .................................................................................................................................... 18
18. Miscellaneous .................................................................................................................................... 18
19. Annexure – I ....................................................................................................................................... 19
20. Annexure - II ....................................................................................................................................... 21
21. Annexure‐III ........................................................................................................................................ 23
22. Annexure-IV ....................................................................................................................................... 25
23. Annexure‐V ........................................................................................................................................ 26
24. Annexure‐VI ....................................................................................................................................... 27
25. Annexure VII ...................................................................................................................................... 28
1. Bid Notice
Online Tenders (e-Tender) for the following work are invited by the Maharashtra Maritime
Board (MMB) on the Government of Maharashtra's Tender Information System Portal
http://mahatenders. gov.in as per the Tender Schedule published on the Web portal
from suitable individual/Consortiums/companies having required experience. The
details can be viewed online and downloaded directly from Government of Maharashtra
e-Tendering portal http://mahatenders.gov.in from 20th December 2018 at 1100Hrs. (IST)
onwards.
Tender Reference No. MMB/Traffic/Tender
Name of Work Selection of Contractor for supply, transport, deliver and commission of Passenger ferry vessel in Maharashtra, India
Cost of blank Tender
Document and Mode of
Payment
INR. 3,540/ (Rupees Three Thousand only) (Non-Refundable)
inclusive of GST(18%) to be paid through Net Banking, during
downloading of Tender Document
EMD Amount and
Mode of Payment
INR.7,00,000 / (Rupees Seven Lakhs only) to be paid
through Online Payment modes i.e. Net Banking, during
submission of Tender Document
Venue for opening of
Tender
Office of the Maharashtra Maritime Board at the above address.
Contact person for
information relating to
tender
Capt. Harish Khatri, Nautical Advisor, MMB
Email id : [email protected]
Mr. Pradip Badhiye, Administrative officer, MMB
Email id : [email protected]
e-Tendering helpline 24X7 Help Desk Number- 0120-4200462,0120-4001002
Mobile No.88262 46593, Email- [email protected]
1 . 1 e-Tender Schedule Sr. No. Activity Date Time (Hrs.)
1. Publishing Date 20.12.2018 1100
2. Document Download Start Date 20.12.2018 1100
3. Bid Submission Start Date 20.12.2018 1100
4. Seek Clarification Start Date 20.12.2018 1100
5. Document Download End Date 19.01.2019 1700
6. Seek Clarification End Date 29.12.2018 1700
7. Pre Bid Meeting Date 04.01.2019 1500
8. Bid Submission Closing Date 19.01.2019 1700
9. Technical Bid Opening Date 21.01.2019 1100
NOTE:
i) All eligible/ interested Bidders are required to be enrolled on portal http://mahatenders.gov.in before downloading tender documents and participate in e-tendering.
ii) Dates mentioned here are scheduled dates for Bid Opening Activities. Any change in the date of opening of technical and financial tenders shall be notified in "Corrigendum" sect ion on eTendering Portal before opening of the same.
iii) The Chief Executive Officer, Maharashtra Maritime Board reserves right to accept or reject any or all tenders without giving any reasons thereof.
iv) The detailed tender notice is available on our website https://mahammb.maharashtra.gov.in
Sd/-
CHIEF EXECUTIVE OFFICER
MAHARAS HTRA MARITIME BOARD
INSTRUCTIONS TO BIDDERS RELATED TO E-TENDERING GENERAL INSTRUCTIONS:
The bidders are requested to familiarize themselves with the use of the e-Tendering portal of
Government of Maharashtra well in advance.
To view- Tender Notice, Detailed Time Schedule, Tender Document for this Tender and
subsequently purchase the Tender Document and its supporting documents, kindly visit following
e-Tendering website of Government of India: https://mahatenders.gov.in
The Contractors participating first time for e-Tenders on GoM e-tendering portal will have to
complete the Online Registration Process for the e-Tendering portal. A link for enrolment of new
bidders has been provided on
https://mahatenders.gov.in/nicgep/app?page=BiddersManualKit&service=page
All bidders interested in participating in the online e-Tendering process are required to procure
Digital e-Token having 2 certificates inside it, one for Signing/Verification purpose and another for
Encryption/Decryption purpose. The tender should be prepared & submitted online using
individual’s Digital e-Token.
e-Tendering Tool Kit for Bidders (detailed Help documents, designed for bidders) has been
provided on e-Tendering website in order to guide them through different stages involved during e-
Tendering such as online procedure for Tender Document, Bid Preparation, Bid Submission.
(https://mahatenders.gov.in/nicgep/app?page=DSCInfo&service=page )
Similarly, Bidders will have to pay Earnest Money Deposit through online modes of payment only.
This payment will not be accepted by the department modes such as Cash, Cheque or Demand
Draft. Bidders who are using SB MOPS other banks Internet Banking are requested to make
online payment four days in advance. For online Payment related issues, Kindly send email with
Bank Reference Number to this email ID [email protected]. You may also contact 022-
27560149 for clarifications.
If any assistance is required regarding e-Tendering (registration/upload/download) please contact
GoM
e-Tendering Help Desk
For any technical related queries please call at 24 x 7 Help Desk Number
0120-4200462, 0120-4001002, 0120-4001005, 0120-6277787.
International Bidders are requested to prefix 91 as country code. Note- Bidders are requested to
kindly mention the URL of the Portal and Tender Id in the subject while emailing any issue along
with the Contact details. For any issues/ clarifications relating to the tender(s) published kindly
contact the respective Tender Inviting Authority.
Tel : 0120-4200462, 0120-4001002, 0120-4001002, 0120-6277787
E-Mail : support-eproc {at}nic{dot}in
2. Background
MMB is interested to procure Passenger Ferry for passenger transit within port limits and request proposal from qualified Companies/ Firms/ Consortiums across globe. The scope of work includes supply, transport, deliver and commission of Passenger ferry vessel in Maharashtra, India. Details of the Vessel and requirements are specified as under:
.
In this regard, The Maharashtra Maritime Board (MMB) invites online offers through e-tendering
process from reputed Companies/ Firms/ Individuals with prior experience.
No. of Vessel Passenger Capacity
one 100
3. Details of Ferry Passenger Vessels
3.1 General
The fast passenger ferry boat will have a capacity of 100 passengers.
Attention to be given to Provisions for Disabled Persons
The vessel has to comply with all required national and international regulations and specifications.
The Vessel to be classed with any of the RO (Recognized Organization) authorized by the DG Shipping and shall be designed, equipped and built to the latest class specifications for the intended services.
Propulsion of the vessel should be preferably equipped by means of two diesel engines, driving fixed pitched propellers through a gearbox.
Approved type of Hydraulic Steering System shall be fitted.
The vessels speed should be at least 15 knots
Loaded draft of vessel should not exceed 3 meters
The vessel should not be more than 5 years old.
3.2 Main Particulars of the vessel to be specified by Manufacturer/Owner/Operator
Overall Length
Hull Length
Beam (Moulded)
Beam (Extreme)
Draft at Design Load (DWL)
Draft at Design Load (USK)
Main Engines (Twin Screw propulsion)
Speed
The above specifications shall be in accordance with the carrying capacity of the vessel (details need to be provided by the Manufacturer/Owner/Operator as part of Annexure IX).
3.3 Classification
The vessel shall be built under survey by any of the RO (Recognized Organisation) authorized by the DG Shipping and to the requirements of the applicable Classification Society. All requirements in connection with the design of hull, accommodation, firefighting, lifesaving appliances, freeboard calculation, stability calculation, etc, shall comply with the latest rules and regulations, Standard Specifications, etc, for the relevant Class of Vessel for the intended operating area.
3.4 Certificates All necessary certificates issued by the Classification Society and the Builder shall be provided to the Buyer. The following are to be included to the extent applicable:
Builder’s Certificate.
Classification Certificate (Hull , Machinery &Equipment where applicable )
Certificate for all materials & equipment surveyed for Classification and/or relevant Authorities.
Main Engine, Gear Box & other Machinery Test Bed Trial Certificates.
Freeboard Certificate if issued by Statutory.
3.5 Capacities and Dead weight
The bidder shall confirm with all standards and provide calculations for the capacities and deadweight considered for designing of vessel
3.6 Performance
The ship, with freshly painted hull, at a mean draft in smooth deep waters and with the engines developing maximum rated continuous output of 15 knots
4. Scope of work MMB is interested in procuring of the passenger ferry from Global Companies/ Firms/ Consortiums. MMB has requirement of one passenger ferry to ply within the port limit. Supply, transport, delivery and commissioning of Passenger ferry vessel in Maharashtra, India will be the responsibility of the Manufacturer/Owner/Operator. Details of the vessel and requirements are specified as under: No. of Vessel Passenger Capacity
One 100
The Successful Bidder will also be required to submit performance guarantee in form of Bank guarantee (2% of the Vessels cost) prior to signing of contract valid for period of one year. The Contractor will have to follow all the statutory rules, regulations and acts for supply and commissioning of the passenger ferry keeping the safety and security of passengers in mind. The bidder along with the technical proposal should also submit detailed schedule of delivery of the ship at the site` Following tests are to be conducted before delivery of the Vessel: Inclining Experiment
The lightweight, vertical and horizontal centre of gravity of the vessel is to be determined by means of an inclining experiment.
Upon completion of the vessel construction and before sea trials, inclining experiment shall be carried out as per approved procedure in the presence of the Owner and Classification Society’s/ Statutory Authority’s Surveyor. The results of these tests shall be calculated/ tabulated and submitted by the Designer to the Classification Society/ Statutory Authorities for final approval.
During the inclining experiment, the vessel shall be in a suitable condition. No loose water or oil is to be on board and all shipyard equipment, rubbish, etc, should be removed and
vessel shall float freely. Trim & Stability Booklet
The vessel shall have sufficient positive stability under all normal loading conditions of the ship as specified by relevant Rules.
The results of the inclining experiment are to be used in the trim and stability calculation of the vessel. The stability data is to include loading conditions sufficient to cover all normal operating conditions and ballast condition.
Stability booklet shall be prepared and submitted by the Successful bidder to the Classification Society for approval.
Dock and Sea Trials
All tests and trials shall be carried out at Successful Bidders cost including the cost of diesel used for trials.
Shop tests: o All major machinery is to be tested at the respective manufacturers’ works as per
their standard practice.
Basin Trials: o In case of New built vessel, as soon as the vessel is sufficiently constructed, the
vessel will undergo basin trials during which the main and auxiliary machinery equipment and systems shall be tested to the extent possible as per the requirements of the Classification Society and the Yard’s standard practice.
Inclining Test: o An inclining test will be carried out with the vessel in a state as complete as
practicable to determine the Vessel’s light weight and position of centre of gravity.
Sea Trials: o Upon completion of the vessel, the Builder shall carry out trials at Builder’s cost.
This shall be conducted in the port area. The trials shall be conducted in the presence of the representatives of the Classification Society as well as representative of the Buyer and to the complete satisfaction of the Classification Society. In the event of any defects being found during the said sea trials, the Builder shall rectify the same at his own cost and expense, and after rectification, give another performance trial if so considered necessary.
o The trials shall consist of: Endurance trials for 4 hours. Speed trials at full engine RPM Crash stop from full speed ahead Turning circle on port and starboard side Anchor tests. Astern trials. Bilge /ballast trials.
All the trials shall be carried out as per requirements of the Classification Society and the Yard’s standard practice, and at a maximum practicable draft by taking full ballast water.
In case of new built vessel, on satisfactory completion of trials, the Buyer shall take delivery of the vessel and sign the “Protocol of Delivery and Acceptance”. On signing the “Protocol of Delivery and Acceptance”, the title and risks of the Vessel shall pass on to the Buyer.
5. General terms and conditions 5.1 The application fee for the Request for Proposal (RFP) is INR 3 , 0 0 0 / (Indian
Rupees three thousand only) to be paid through Online Payment Modes i.e. Net Banking/
debit card and shall be non-refundable.
5.2 The applicant shall also have to deposit Earnest Money Deposit (EMD) of INR.7,00,000
(Indian Rupees seven lakhs only) to be paid through. Net Banking. The EMD of the
Successful Bidder will be retained by MMB (without interest) till submission of the
performance guarantee. The EMD of unsuccessful applicants shall be returned (also
without interest) within 30 days from the issue of Letter of Award to the Successful Bidder.
6. Performance Guarantee:
6.1 The Successful Bidder shall, within 15 (fifteen) days from the Letter of Award, required
performance guarantee for amount equal to 2% of the price of the ferry boat.
6.2 In the event of Bidder’s failure to discharge its obligations under the Agreement between
MMB and the Bidder, the Security Deposit shall be forfeited.
6.3 The Bidders are expected to carry out their own surveys, investigations and other detailed
examination at their own cost before submitting their Bids.
6.4 MMB reserves the right to reject any or all of the Bids without assigning any reasons
thereof and the decision of MMB would be final and binding on the Bidders.
7. Special terms and conditions
7.1 Evaluation Criteria:
The selection of the consultant will be based on a QCBS (Quality cum Cost Basis)
process. The bidder achieving the highest combined technical and financial score will
be invited for negotiations. Every bidder/consortium (maximum member allowed in
consortium are two in numbers) should meet the minimum requirement as below:
I. Technical Qualifications :
a) The Bidder may be firms/Individuals/companies/Consortiums/ liability partnership firm
or a private company
b) The Bidders shall not be blacklisted by any Government Agency in India/ Abroad at
the time of due date of Submission of Bid.
c) The Bidders shall not be under a declaration of ineligibility for corrupt and fraudulent
practices by the Central/ State Government, or any PSU in India.
d) In case of consortium for purpose of technical qualification, lead member should
satisfy all the above criteria individually.
e) The vessel owner should be registered owner.( i.e. the owner should have vessel
Registration certificate (VRC) for vessel registered in his name)
f) The age of the vessel must be less than 5 years from the date of keel laid.
g) The specifications of the vessel should be as per Clause No. 3 of RFP document.
h) The ferry should have all valid statutory and trading certificates issued from
recognized organizations.
i) It is mandatory for bidder to do site visit to get idea of technical specifications
required for vessel to be supplied.
II. Financial Qualifications:
a) The Bidder’s net worth should be at least Rs.10 crores for FY 2017-18. A certificate
from Chartered Accountant shall be submitted as a proof.
b) In case of consortium for purpose of financial qualification, consortium members
should jointly satisfy the above criteria.
7.2 Evaluation Criteria for technical proposal:
The Technical Proposal will be evaluated based on the following criteria.
Serial No. Evaluation Parameter Total Marks
1. Age of the vessel 25 marks
2. Speed 25 marks
3. Fuel consumption 25 marks
4. Endurance 15 marks
5. If owner is also manufacturer also 10 marks
6. TOTAL MAXIMUM 100 Marks
The bidder should score minimum sixty (60) marks out of 100 marks to be
technically qualified.
7.3 Scoring Criteria of Technical Proposal: Scoring Criteria: (Technical bid)
Serial No. Head Total Marks
1. Age of the vessel Less than 5 years up to 2 years : 15 marks
Less than 2 years up to 1 years : 20 marks
Less than 1 year : 25 marks
2. Speed From 15 to 20 Knots : 15 marks
From 20 to 25 Knots : 20 marks
Above 25 Knots : 25 marks
3. Fuel consumption Less than 75 litres per hour : 25 marks
From 75 litres to 100 per hour : 20 marks
More than 100 litres per hour : 15 marks
4. Endurance 10 to 12 hours of sailing time: 8 marks
12 to 24 hours of sailing time : 12 marks
Above 24 hours of sailing time : 15 Marks
5. Is owner a manufacturer also If Yes, then 10 marks ; else zero marks
Note: The bidder should necessarily provide documentary evidences for its
credentials and all the assignments. (CA Certificates for firms’ financials
should be submitted.
7.4 Scoring Criteria of Financial Proposal:
Based on technical and financial assessment, bidders shall be shortlisted for opening the financial proposals. The Financial Proposal will be submitted as per the format given in Annexure V.
In the Financial Proposal, the bidders are required to quote their price of the vessel at which vessel can be offered to MMB as below:
No. of Vessels
Passenger Capacity
Price bid (in INR in figures)
Price bid (in INR in words)
One 100
The contractor may quote for category as per the format given in Annexure V. The amount shall be quoted in Indian Rupee only. In case of any discrepancies in the prices mentioned in the figure and word, the fees mentioned in words would be considered as final fee quote. The lowest evaluated Financial Proposal (Fm) will be given the maximum financial score (Sf) of 100. The formula for determining the financial scores (Sf) of all other proposals is calculated as
following:
Sf = 100 x Fm/ F, in which “Sf” is the financial score, “Fm” is the lowest price, and “F” the
price of the proposal under consideration.
7.5 Evaluation of final score:
The weights given to the Technical (T) and Financial (P) Proposals are:
T = 70% P = 30%
Proposals will be ranked according to their combined technical (St) and financial (Sf)
scores using the weights (T = the weight given to the Technical Proposal; P = the weight
given to the Financial Proposal; T + P = 1) as following: S = St x T% + Sf x P%.
The bidder achieving the highest combined technical and financial score will be
invited for negotiations.
The CEO, MMB, however, reserves the right to reject any or all the bids received, without
assigning any reasons and any liability to MMB.
8. Duties and Responsibilities of Selected Bidder 8.1 The Bidder shall be solely and exclusively responsible for engaging or employing persons
for the execution of work. All disputes or differences between the Bidder and his / their
employees shall be settled by the Bidder. The Bidder shall abide by prevalent Labour Laws
as applicable.
8.2 MMB will have absolutely no liability whatsoever concerning the employees of the Bidder.
The Bidder shall indemnify MMB against any loss or damage or liability arising out of or in
the course of the Bidder employing persons or in relation with the Bidder's employees.
8.3 The Bidder shall advise in writing or in such an appropriate way to all of the Bidder's
employees and any other persons engaged by him that their appointment/employment is
not by MMB but by the Bidder and that their present appointment is only in connection with
the contract with MMB and that therefore, such an employment / appointment would not
enable them or make them eligible for any employment with MMB either temporarily or/and
permanent basis.
8.4 All required licenses would be taken by the bidders and at their own cost.
9. Preparation and Submission of Bid
a) Language:
The Bid and all related correspondence and documents should be written in the
English language.
b) Format and Signing of Bid:
Each Bid shall have to be prepared and submitted in accordance with provisions of this
tender document. The Bid shall comprise of 2 (two) submissions:
Submission 1: Technical Qualification Submission 2: Commercial Proposal
Submission 1: Technical Qualification
a) The Earnest Money Deposit (EMD) of INR.7, 00,000 /- (Indian Rupees Seven Lakhs only) to
be paid through Net Banking submission. Also the Tender Document fee of INR. 3,
000/- (Indian Rupees Three Thousand only) to be paid through Net Banking on
downloading the tender document.
b) Technical qualification in the prescribed format along with Annexures and supporting
documents relevant to the information asked in any of the Annexures, should be
uploaded on e-Tender web portal. Following is an indicative list of documents to be
uploaded;
Certified true copy of the incorporation certificate of the Single Entity; In the case
of a Consortium, certified true copy of the incorporation certificate of each of the Members of the Consortium; and
Certificate from a Chartered Accountant demonstrating net worth for year 2017-18
Copy of Permanent Account Number
Copy of GST Certificate, if applicable
Anti-Blacklisting Certificate on Stamp paper of INR 100/- (as per format prescribed
in Annexure‐V)
Undertaking (as per format prescribed in Annexure‐VII)
c) Power of Attorney for signing of Bid in the format at Annexure‐III;
Submission 2: Commercial Proposal
a) The Commercial Proposal shall be uploaded in the format specified at Annexure-V.
b) It may be noted that Bids, which do not contain the Commercial Proposal as specified
above, would be considered as invalid and liable for rejection.
c) All Interested bidders are required to be enrolled on portal before downloading
tender documents and participate in e-tendering and familiarize themselves with the
use of the e-Tendering portal
d) All or any one of the Bids may be rejected by MMB.
e) Originals must be produced for verification, whenever required by MMB.
f) The Bidder shall not put any counter conditions. Any counter offer as well as any
alterations in the work/ scope of work, as specified in the tender, shall disqualify the
bidder forthwith.
g) The Bid shall be prepared, signed and submitted only by such Firm/ Company/
consortium etc. whose name the Request for Proposal (RFP) documents have been
purchased.
h) If any discrepancies are observed between figures and words in the rates quoted,
while evaluating the bid, the rates quoted in words shall supersede the rates quoted
in figures.
10. Opening of Bids
10.1 For the purpose of qualifying under Submission 1, the Bidder shall have to demonstrate the
minimum financial qualification and Technical qualification as stipulated under this Request
for proposal (tender) document.
10.2 If the Bidder does not meet the minimum Financial qualification and Technical qualification
as specified then the Bidder shall be disqualified from the Bidding Process and the Bid
Security of such Bidder shall be returned and their Commercial Proposals shall not be
opened.
10.3 Incomplete Bids submitted with qualifying conditions or with conditions at variance with the
Terms and Conditions of this notice will be liable to be rejected.
10.4 In the event of a tie, the concerned bidders would be invited for negotiations and asked to
revise their rates. Post-negotiations, the Bidder who offers the maximum rent amount to
MMB would be declared as the Successful Bidder.
10.5 The Successful Bidder shall be issued the Letter of Award within seven (7) days from the
date of acceptance of the price bid.
10.6 The Selected Bidder shall, within 7 (seven) days of the receipt of the LOA, sign and return
the duplicate copy of the LOA in acknowledgement thereof. In the event the duplicate copy
of the LOA duly signed by the Selected Bidder is not received by the stipulated date, MMB
may, unless it consents to extend time for submission thereof, appropriate the Bid Security
of such Bidder as Damages on account of failure of the Selected Bidder to acknowledge
the LOA, and the next eligible Bidder may be considered.
11. Signing of Agreement
Within Thirty (30) days from the date of issuance of the Letter of Award and on
compliance of terms & conditions of the LOA, by the successful bidder, a formal
agreement shall be entered into, between MMB and the Successful Bidder. The
date of commencement of contract shall be mentioned in the Agreement.
12. Payment Terms
100% payment of Capital cost of the Ferry boat price- (Inclusive of all taxes except GST)
will be made only after successful installation, commissioning and trials of the project.
13. Liquidated damages An LD at the rate of 0.5% per week of the tender value will be levied for late delivery of the
implementation of the entire project.
Timely completion of all the work/job and providing the required personnel/material/equipment/
services covered in the contract as per the timelines stipulated in the work order, shall be the
essence of the contract. In the event of failure to execute the contract within the scheduled time,
liquidated damages will be levied on the total value of the contract at the rate of 0.5% per week or
part thereof, subject to a maximum of 10% of the total contract value, as an agreed pre-
estimate of the damage suffered. After that, if the delay continues, the contract may be
terminated after forfeiting Performance Security and blacklisting of the firm & persons.
14. Liability
14.1 Except as otherwise expressly provided, neither MMB nor its servants, agents, nominees,
shall have any liability or responsibility whatsoever to whomsoever for loss or damage to
the equipment and/or loss or damage to the property of successful bidder and/or its sub-
contractors, irrespective of how much loss or damage is caused unless caused by willful
and gross negligence of MMB and/or its servants, agents, nominees, assignees.
14.2 The successful bidder shall protect, defend, indemnify and hold harmless MMB from and
against such loss or damage and any suit, claim or expense resulting there from.
14.3 Neither MMB nor its servants, agents, nominees, assignees, sub-contractors shall have
any liability or responsibility whatsoever for injury to, illness, or death of any employee of
the successful bidder irrespective of how such injury, illness or death is caused unless
caused by willful and gross negligence of MMB and/or its servants, agents, nominees,
assignees. The successful bidder shall protect, defend, indemnify and hold harmless MMB
from and against such loss or damage and any suit, claim or expense resulting there from.
15. Termination
15.1 MMB may terminate the contract anytime during the period of contract for any of the below-
mentioned reasons which would be recorded in the letter of termination. If the selected
bidder/consortium has:
a) abandoned the contract;
b) failed to maintain the performance standards set by MMB;
c) failed to rectify the defects and deficiencies pointed out by the Engineer-in-Charge
within the time limit set forth for rectifying such defects and deficiencies;
d) neglected or failed to observe and perform all or any of the terms, acts, matters or
things under this contract, to be observed and performed by the contractor;
e) acted in any manner to the detrimental interest, reputation, name or prestige of
MMB;
f) become untraceable;
g) been declared insolvent/bankrupt;
h) without authority, acted in violation of the terms and conditions of this contract and
has committed breach of the terms of contract in the best judgment of MMB.
15.2 The contract shall also stand terminated, if any winding-up proceedings are initiated
against the bidder/consortium members.
15.3 When the contract is terminated by MMB for all or any of the reasons mentioned above, the
company/consortium shall not have any right to claim any compensation on account of
such termination. On termination of such Contract, MMB shall have the right to appropriate
the EMD towards the amount due and payable by the company/consortium, as per the
conditions of the contract and return to the contractor excess money, if any, left over.
16. Dispute Resolution
All disputes and differences whatsoever arising between the parties out of or relating to the
construction, meaning and operation or effect of this Tender and consequent Contract or the
breach thereof shall be mutually settled. However, in case no such mutual settlement is arrived
at, the matter shall be settled by arbitration in accordance with the provision of arbitration of the
Indian Arbitration & Conciliation Act, 1996 and any statutory modification or re-enactment
thereof and the Rules made there under and for the time being in force. The venue of arbitration
shall be at Mumbai unless otherwise agreed by Maharashtra Maritime Board.
17. Applicable law
The contract arising out of this tender shall be interpreted in accordance with the Law of India in
Mumbai Jurisdiction only.
18. Miscellaneous
MMB, in its sole discretion and without incurring any obligation or liability, reserves the right, at any
time, to:
a) Suspend and/or cancel the Selection Process and/or amend and/or supplement the
Selection Process or modify the dates or other terms and conditions relating thereto;
b) Consult with any Bidder in order to receive clarification or further information;
c) Retain any information and/or evidence submitted by, on behalf of and/or in relation to
any bidder; and/or
d) Independently verify, disqualify, reject and/or accept any and all submissions or other
information and/or evidence submitted by or on behalf of any bidder.
19. Annexure – I
(On letter head of the Bidder) To
Chief Executive Officer (CEO),
Maharashtra Maritime Board (MMB)
Indian Mercantile Chambers,
3rd Floor, Ramjibhai Kamani Marg,
Ballard Estate, Mumbai - 400001.
Subject: Selection of bidder for supply of Passenger Ferry boat
Sir,
1. Being duly authorized to represent and act for and on behalf of (herein the
Bidder), and having studied and fully understood all the information provided in this
Request for Proposal (RFP), I…………………….. the undersigned hereby apply as a
Bidder for the “Selection of bidder for supply of Passenger Ferry boat” according to
the terms and conditions of the offer made by Maharashtra Maritime Board.
2. Maharashtra Maritime Board is hereby authorized to conduct any inquiries/ investigation to
verify the statements, documents and information submitted in connection with the Bid.
3. This Bid is made with full understanding that:
a) MAHARASHTRA MARITIME BOARD reserves the right to reject or accept any
Bid, modify/ cancel the bidding process, and/or reject all or any of the Bids.
b) MAHARASHTRA MARITIME BOARD shall not be liable for any of the above
actions and shall be under no obligation to inform the Bidder of the same.
c) In case our offer is accepted and if we fail to pay the amount in the manner
specified by MAHARASHTRA MARITIME BOARD, the amount of Earnest
Money and any further installments paid by us under this offer shall stand
absolutely forfeited by MAHARASHTRA MARITIME BOARD.
4. I, the undersigned do hereby declare that the statements made, and the information
provided in the duly completed Bid forms enclosed are complete, true and correct in
every aspect.
5. We have read the terms and conditions of the offer detailed in the Request for Proposal
and are willing to abide by them unconditionally.
6. The offer made by us is valid for 360 days from the Bid Submission Date. We
understand that MAHARASHTRA MARITIME BOARD may require us to extend the
validity of the bid for such period as may be determined by MAHARASHTRA MARITIME
BOARD at its discretion.
Name:
For and on behalf of
(Name of Bidder)
20. Annexure - II
(Bidder details)
1. Particulars of the Bidder
a) Name:
b) Country of Incorporat ion I Nationality (as applicable):
c) Address of the corporate headquarters and its branch office(s), if
any, in India (as applicable):
d) Date of incorporation and/or commencement of business (as applicable):
e) The following documents are to be provided:
i. Certificate of Incorporation
ii. Audited Annual reports of last 3 financial years:
iii. Tax returns of last 3 financial years
iv. Copy of Permanent Account Number:
v. Copy of VAT Registration number
vi. Copy of Service Tax Registration number
vii. Statutory auditor certificate for
turnover viii. certificates of eligible
experience
2. Details of Authorized signatory of the Bidder
a) Name:
b) Designat ion (as applicable):
c) Address:
d) Telephone No./ Fax no.:
e) Email
3. Net worth Details (as applicable)
Year Net Worth (INR in Crores)
4. Details of person employment dealing with such operations/service:
a) Name:
b) Designat ion (as applicable):
c) Address:
d) Telephone No./ Fax no.:
e) Email
f) Number of years with the firm
g) Total number of years of experience
h) Details of previous employment starting with current employment
Signature of the Authorized Signatory of the Bidder Full Name Designation (as applicable) Name of the Company (as applicable) Address Date
21. Annexure‐III
(on non‐judicial stamp paper of INR 100)
Power of Attorney for signing of Bid
Know all persons by these presents, [We …………………………………………….. (name of
the company) incorporated under the laws of India and having its registered office at [ ]
“Company”] do hereby irrevocably constitute, nominate, appoint and authorize Mr. /Ms
(name), …………………… son/daughter/wife of ……………………………… and presently
residing at …………………., who is presently employed with us and holding the position of
……………………………. , as our true and lawful attorney (hereinafter referred to as the
“Attorney”) to do in our name and on our behalf, all such acts, deeds, matters and things as
are necessary or required in connection with or incidental to submission of our Bid for “Selection
of bidder for supply of Passenger Ferry boat” pursuant to the RFP dated [__] (“RFP”) issued
by the (the “Authority”) and for our
selection as Successful Bidder including but not limited to signing and submission of all Bids
and other documents and writings, participate in pre-bid conferences and other conferences
and providing information/responses to the Authority, representing us in all matters before the
Authority, signing and execution of all contracts including the Concession/License Agreement
and undertakings consequent to acceptance of our Bid, and generally dealing with the Authority in
all matters in connection with or relating to or arising out of our Bid for the said Project and/or
upon award thereof to us and/or till the entering into of the Concession Agreement with the
Authority.
AND
we hereby agree to ratify and confirm and do hereby ratify and confirm all acts, deed, matters and
things lawfully done or caused to be done by our said Attorney pursuant to and in exercise
of the powers conferred by this Power of Attorney and that all acts, deeds and things done
by our said Attorney in exercise of the powers hereby conferred shall and shall always be
deemed to have been done by us.
Capitalized terms not defined herein shall have the meaning assigned to them under
the RFP. IN WITNESS WHEREOF, ………………………….,
THE ABOVE NAMED PRINCIPAL HAVE EXECUTED THIS POWER OF ATTORNEY ON THIS ……… DAY OF …………., 2….. For ……………………….. (Signature) (Name, Title and Address)
Witnesses:
(Notarized)
Accepted
…………………………… (Signature)
(Name, Title and Address of the Attorney)
Notes:
1. The Power of Attorney for signing of Bid must be submitted in original
2. The mode of execution of the Power of Attorney should be in accordance with the
procedure, if any, laid down by the applicable law and the charter documents of the
executant(s) and when it is so required, the same should be under common seal affixed in
accordance with the required procedure.
3. Wherever required, the Bidder should submit for verification the extract of the charter
documents and documents such as a resolution/ power of attorney in favor of the person
executing this Power of Attorney for the delegation of power hereunder on behalf of the
Bidder.
4. For a Power of Attorney executed and issued overseas, the document will also have to be
legalized by the Indian Embassy and notarized in the jurisdiction where the Power of
Attorney is being issued. However, the Power of Attorney provided by Applicants from
countries that have signed the Hague Legislation Convention 1961 are not required to be
legalized by the Indian Embassy if it carries a conforming Appostille certificate.
22. Annexure-IV Commercial Proposal
Bidding criteria
No. of Vessels
Passenger Capacity
Price bid (in INR in figures)
Price bid (in INR in words)
One 100
* In case of any discrepancy, the amount quoted in words will be considered as final bid amount.
WE FURTHER ACKNOW LEDGE AND AGREE THAT:
a) This offer is valid for a period of 360 days from the Bid Submission Date or such
extended date as may be determined by MAHARASHTRA MARITIME BOARD.
b) I/We have read and understood the terms and conditions of the Request for
Proposal and documents and hereby unequivocally and unconditionally accept the
same.
c) I/We understand that you are not bound to accept any proposal you receive. d) In case our offer is accepted and if we fail to fulfill our scope of work, the amount of
Performance Security under this offer shall stand absolutely forfeited by
MAHARASHTRA MARITIME BOARD.
e) The decision of MAHARASHTRA MARITIME BOARD concerning this transaction shall be
final and binding on us.
We hereby declare that the information stated hereinabove is complete and correct and any
error or omission therein, accidental or otherwise, will be sufficient justification for
MAHARASHTRA MARITIME BOARD to reject our Bid and/or to cancel the award.
Signature of the Authorized Signatory of the Bidder Full Name Designation (as applicable) Name of the Company (as applicable) Address Date
23. Annexure‐V
ANTI BLACKLISTING CERIFICATE
(on a stamp paper of INR 100/-) I M/s. ……………… (Name of the Bidder), (the names and addresses of the registered office)
hereby certify and confirm that we or any of our promoter/s / director/s are not barred by
Government of India (GoI) / any other entity of GoI or blacklisted by any state government/
department / local government / agency in India or from abroad from participating in Project/s,
as on the (Bid Submission Date).
We further confirm that we are aware that our application for the captioned project would be
liable for rejection in case any material misrepresentation is made or discovered with regard to
the requirements of this RFP at any stage of the Bidding Process or thereafter during the
agreement period.
Dated:
Name and seal of the Bidder:
Sign of the authorised person:
Name of the designation of Authorised person:
24. Annexure‐VI
Undertaking
It is certified that the information furnished here in and as per the document submitted is true
and correct and nothing has been concealed or tampered with. We have gone through all the
conditions of RFP and are liable to any punitive action for furnishing false information /
documents.
Dated:
Name and seal of the Bidder:
Sign of the authorised person:
Name of the designation of Authorised person:
25. Annexure VII
Main Particulars of the vessel to be specified by bidder
Overall Length
Hull Length
Beam (Moulded)
Beam (Extreme)
Draft at Design Load (DWL)
Draft at Design Load (USK)
Main Engines (Twin Screw propulsion)
Speed
The above specifications shall be in accordance with the carrying capacity of the vessel (full details need to be provided by the contractor consisting of above and all other details as bound necessary).