CORRIGENDUM NO. II No. CIV/ 112/2012/SM (CE ... - Tenders India
CORRIGENDUM NO. II No. CIV/ 112/2012/SM (CE ... - Tenders India
CORRIGENDUM NO. II No. CIV/ 112/2012/SM (CE ... - Tenders India
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<strong>CORRIGENDUM</strong> <strong>NO</strong>. <strong>II</strong><br />
<strong>No</strong>. <strong>CIV</strong>/ <strong>112</strong>/<strong>2012</strong>/<strong>SM</strong> (<strong>CE</strong>) - <strong>II</strong> 18-01-2013<br />
NAME OF WORK: DREDGING TO SHIPYARD QUAYSIDE (<strong>2012</strong>-13)<br />
1. The date of receipt and opening of the below mentioned tender is extended as<br />
follows:<br />
Name of work : Dredging to shipyard quayside (<strong>2012</strong>-13)<br />
Tender <strong>No</strong> : <strong>CIV</strong>/ <strong>112</strong>/<strong>2012</strong>/<strong>SM</strong> (<strong>CE</strong>) - <strong>II</strong><br />
Last date and time of issue of tender forms : 24-01-2013 up to 15:00 hrs.<br />
Last date and time of receipt of tender : 25-01-2013 up to 14:00 hrs.<br />
Date and time of opening of tender : 25-01-2013 at 14.30 hrs.<br />
2. The dredger specified in the tender shall be read as Grab or any other suitable<br />
dredger capable of dredging and transporting the materials to the location at<br />
outer sea (approx 24kms away from dredging site) shown in the tender<br />
instead of TSHD alone.<br />
For the purpose of prequalification, experience with Grab/TSHD/or any other dredgers<br />
and transporting the dredged materials to the dumping site with monetary values as<br />
specified in the tender will be considered.<br />
The above corrigendum will form a part of the contract. All other terms and conditions<br />
shall remain unaltered.<br />
Signature of Contractor<br />
Sd/-<br />
GM (Tech)
<strong>CORRIGENDUM</strong> TO TENDER <strong>NO</strong>TI<strong>CE</strong><br />
<strong>No</strong>.<strong>CIV</strong>/<strong>112</strong>/<strong>2012</strong>/<strong>SM</strong>(<strong>CE</strong>)-<strong>II</strong> 08-01-2013<br />
The date of receipt and opening of the below mentioned tender is extended as follows:<br />
Name of work<br />
Tender <strong>No</strong><br />
Last date and time of issue of tender forms<br />
Last date and time of receipt of tender<br />
: Deployment of TSHD for dredging shipyard<br />
quayside.<br />
: <strong>CIV</strong>/<strong>112</strong>/<strong>2012</strong>/<strong>SM</strong>(<strong>CE</strong>)-<strong>II</strong><br />
: 12-01-2013 up to 15:00 hrs.<br />
: 14-01-2013 up to 14:00 hrs.<br />
Date and time of opening of tender : 14-01-2013 at 14.30 hrs.<br />
All other Terms and conditions shall remain unaltered.<br />
Signature of Contractor<br />
Sd/-<br />
GM (Tech)
COCHIN SHIPYARD LIMITED<br />
(A Government of <strong>India</strong> Enterprise)<br />
P.O. BAG <strong>NO</strong>.1653 COCHIN-682 015 INDIA<br />
Tel. <strong>No</strong>. +91(484) 2361181/2351181/2366340<br />
Fax <strong>No</strong>. +91(484) 2370897/373902<br />
E– Mail: cochinshipyard@vsnl.com<br />
civil@cochinshipyard.com<br />
Web: www.cochinshipyard.com<br />
<strong>No</strong>. <strong>CIV</strong>/<strong>112</strong>/<strong>2012</strong>/<strong>SM</strong>(<strong>CE</strong>)-<strong>II</strong> 27-12-<strong>2012</strong><br />
SHORT TENDER <strong>NO</strong>TI<strong>CE</strong><br />
Sealed competitive tenders in the prescribed form are invited on behalf of Cochin Shipyard Limited<br />
from experienced contractors for the under mentioned work so as to reach the undersigned on or<br />
before the date and time mentioned below:<br />
Name of work<br />
Earnest Money to be deposited<br />
Cost of tender form<br />
(Those who down load the tender form from<br />
website also will be required to remit the cost<br />
along with the tender documents in the form of DD<br />
drawn in favour of Cochin Shipyard Ltd)<br />
: Deployment of TSHD for dredging shipyard<br />
quayside (<strong>2012</strong>-2013)<br />
: Rs. 10,00,000/- (Rupees Ten Lakhs Only)<br />
: Rs. 500 + ST (5%)<br />
Last date and time of issue of tender forms<br />
Last date and time of receipt of tender<br />
: 07-01-2013 up to 15.00 hrs.<br />
: 08-01-2013 at 14.00 hrs.<br />
Date and time of opening of tender Box<br />
(Technical Bid only)<br />
Date and time of opening of price bid<br />
Time of completion of work<br />
:<br />
:<br />
:<br />
08-01-2013 at 14.30 hrs.<br />
Will be intimated later to the bidders qualified in<br />
the technical bid.<br />
35 Days.<br />
Short description of work<br />
: Trailer Suction Hopper Dredger (TSHD) of<br />
sufficient capacity is to be deployed for the<br />
dredging work at CSL quayside and the dredged<br />
material is to be taken to the dumping yard approx<br />
24 Kms away from dredging site for disposal.<br />
Quantity of dredging is 1.75 lakhs m 3 . The depth<br />
to be obtained is 9.0m (average) from CPT datum<br />
as shown in the dredging plan.<br />
The tenders should be submitted in two separate sealed covers superscribed as cover A<br />
“TECHNICAL BID” and cover B “PRI<strong>CE</strong> BID” indicating name of work, tender <strong>No</strong>., due date, name,<br />
address and contact number of the tenderer.<br />
1
TECHNICAL BID should contain the following document:<br />
1. Remittance of EMD in a separate sealed cover (Cover A1)<br />
2. All Certificates as per special conditions to tenderers.<br />
PRI<strong>CE</strong> BID: Price bid of those tenderers who qualify technically only will be considered. Price bid<br />
shall be with out any conditions and strictly in accordance with the tender schedule and specification.<br />
Rates quoted should be inclusive of all taxes and duties excluding service tax. Date of opening of<br />
Price bid will be intimated to successful tenderers in advance. PRI<strong>CE</strong> BID WITH ANY CLAUSE LIKE<br />
REIMBURSEMENT OF TAXES ETC OR ANY OTHER CONDITIONS ADDED BY THE TENDERER<br />
OTHER THAN RATES AND AMOUNTS WILL BE SUMMARILY REJECTED.<br />
The tender documents can be obtained from the office of the undersigned during office hours<br />
till the last date and time of issue of <strong>Tenders</strong>. All the tender documents (NIT, General conditions of<br />
contract, special conditions, tender schedule and proforma of check list) are available on Cochin<br />
Shipyard’s website www.cochinshipyard.com and Govt. website http://tenders.gov.in/department.asp.<br />
Tenderers can download the forms and use the same for submission of the tenders. Clarifications if<br />
any regarding the tender may be obtained from the office of the undersigned or telephone no: 099958<br />
06166; 0484 2361181 Extn:1316<br />
Sd/-<br />
General Manager (Tech)<br />
2
1<br />
COCHIN SHIPYARD LIMITED<br />
<strong>No</strong>.<strong>CIV</strong>/<strong>112</strong>/<strong>2012</strong>/<strong>SM</strong>(<strong>CE</strong>)<strong>II</strong><br />
A) INSTRUCTIONS TO TENDERERS<br />
SPECIAL CONDITIONS<br />
1. The conditions enumerated below are in addition to the General conditions of contract<br />
given in “Conditions of contract and instructions to Tenderers of CSL” and will have<br />
precedence over them.<br />
2. “General Conditions of Contract (GCC) and Instructions to Tenderers ” are available<br />
in the CSL website. The tenderer shall submit his tender document including GCC.<br />
Although, it is permissible to submit the tender without the copy of GCC, while<br />
entering into agreement by the successful tenderer, the GCC shall be duly signed by<br />
both the parties and form part of the agreement. As such, it is deemed that the<br />
tenderer has studied the GCC in the website or otherwise, and has full knowledge of<br />
its contents, although it is not signed and attached with the tender.<br />
3. In the General Conditions of Contract DGM (Civil) should be read as GM(Tech) who<br />
will be the Engineer- in-charge.<br />
4. The tenderers are expected to have inspected the site, before quoting, read the<br />
conditions thoroughly and understood the works in all respect. Clarifications, if any<br />
may be obtained from the General Manager (Tech) before the tender is submitted, and<br />
if clarifications/details are not obtained before the tender is submitted, no claim on<br />
this account will be admitted.<br />
5. The tenderer is expected to examine the tender documents including all conditions,<br />
specifications etc. Failure to furnish the informations required in the tender<br />
documents or submission of a tender not conforming to the requirements in every<br />
respect is likely to result in the rejection of the tender.<br />
6. The tenderer shall quote rate for the item of work in the schedule of quantities. The<br />
rate shall include all duties, taxes and other levies payable by the tenderer excluding<br />
service tax. The rate shall be written both in figures and words. If on verification, if<br />
there are differences between the rate given in figure and in word or in amount<br />
worked out, the following procedure shall be followed.<br />
a) When there is a difference between the rates in figures and in words, the rates<br />
which correspond to the amount worked out shall be taken as correct.<br />
b) When the amount of an item is not worked out or if doesn’t correspond with the<br />
rate written either in figures or in words, then the rate quoted in words shall be<br />
taken as correct.
2<br />
c) When the rate quoted in figures and words tallies but the amount is not worked<br />
out correct, the rate quoted shall be taken as correct and not the amount.<br />
7. At any time prior to the due date for submission of the tender, the General Manager<br />
(Tech) may modify the tender documents by issuing addendum / corrigendum. Any<br />
addendum / corrigendum thus issued will be published in the Web sites only. In order<br />
to afford bidders with reasonable time to take addendum / corrigendum into account,<br />
or for any other reason, CSL may, at its discretion, extend the due date for submission<br />
of the tender. Bidders shall keep themselves updated with all such revisions, till the<br />
last date and time of submission of tender.<br />
8. The tender for the work will be based on Two Bid system. The tender has to be<br />
submitted in two covers (Cover A and Cover B).<br />
8.1 Cover A: Technical bid – ‘Cover A’ shall consist of two separate covers A1 &<br />
A2.<br />
Cover A1 shall contain EMD in the form of DD/TDR drawn in favour of Cochin<br />
Shipyard Limited and shall be kept in Cover A1. (Those who download the tender<br />
form from website will be required to remit the cost of tender documents along with<br />
the tender in the form of DD and shall be kept in cover A1) EMD of unsuccessful<br />
bidders will be released once the work order is issued to and accepted by the<br />
successful bidders. On acceptance of the tender of the successful bidder the EMD<br />
will be treated as part of Security deposit.<br />
Cover A2 shall consist of the following:<br />
a) Proforma of checklist duly filled and signed (Annexure-I).<br />
b) Following Certificates signed by the contractor- Annexure-<strong>II</strong>.<br />
1. “ I / WE COMPLY WITH ALL CONDITIONS OF TENDER BY CSL AND<br />
CONFIRM THAT RATES QUOTED IN THE PRI<strong>CE</strong> BID ARE INCLUSIVE OF<br />
ALL TAXES AND DUTIES EXCLUDING SERVI<strong>CE</strong> TAX.<br />
I / WE ALSO<br />
CONFIRM THAT COVER B (PRI<strong>CE</strong> BID) DO <strong>NO</strong>T CONTAIN ANY<br />
CONDITIONS ”<br />
2. “ I / WE HAVE <strong>NO</strong>T MADE ANY PAYMENT OR ILLEGAL GRATIFICATION<br />
TO ANY PERSON/AUTHORITY CONNECTED WITH THE BID PRO<strong>CE</strong>SS SO<br />
AS TO INFLUEN<strong>CE</strong> THE BID PRO<strong>CE</strong>SS AND HAVE <strong>NO</strong>T COMMITTED ANY<br />
OFFEN<strong>CE</strong> UNDER THE PC ACT IN CONNECTION WITH THE BID.”<br />
c) Attested documents by gazetted officer in proof of experience & financial<br />
capability to be submitted. In the case of experience from private sector, work<br />
completion certificate and relevant TDS certificate shall be enclosed. An audited
3<br />
balance sheet and profit & loss Account for the preceding 3 years has to be<br />
submitted in proof of financial turn over.<br />
8.2 Cover B:<br />
Financial /price bid - shall contain the rates and amount for each item of work.<br />
There shall not be any clause, added by the tenderers in the price bid. Price bid<br />
with any clause and conditions other than rates and amount will be summarily<br />
rejected.<br />
8.3 The cover A & cover B shall then put together in another cover marked Cover C,<br />
which shall be sealed and superscribed with name of work, the address & Contact<br />
<strong>No</strong>. of contractor.<br />
8.4 Cover C shall be opened at 14:30 hrs on 09-01-2013 at Civil Engineering<br />
Department. At first, cover A 1 containing EMD and cover A 2 containing<br />
technical bid shall be opened. In case the earnest money is not deposited or is not<br />
in order, the tender (Cover B) shall be returned to the tenderer unopened either on<br />
the spot, if the tenderer is present, or later by post. Only a mention to this effect<br />
shall be made in the tender opening register.<br />
9. SELECTION CRITERIA<br />
Selection criteria for qualifying the tenderers for opening the price bids in Cover<br />
‘B’ of the tender will be as below:<br />
I) EXPERIEN<strong>CE</strong>:<br />
The tenderer should have successfully completed at least one similar work of<br />
value not less than Rs 339 Lakhs OR Two similar works, each of value not less<br />
than Rs 212 Lakhs OR Three similar works, each of value not less than Rs 170<br />
Lakhs, during the preceding seven years ending with the date of submission of<br />
tender. The tenderer shall furnish details of experience with necessary documental<br />
evidences.<br />
Explanatory notes: Similar work(s) means dredging the channel using TSHD<br />
and dumping the materials at outer sea.<br />
a) If the tenderer is a partnership firm, the experience of the firm during the<br />
preceding seven years as specified above, shall be taken into account.<br />
Alternatively, in the absence of having the required experience, and if the firm<br />
want to rely on the experience of its individual partners, the experience, if any,<br />
of such individual partners during the preceding seven years combined and<br />
put together will be taken into account for the purpose of this tender. The<br />
partners shall be jointly and severally liable and responsible for the<br />
performance of the contract in all respects and this liability and responsibility<br />
of the partners should be incorporated / reflected in the partnership deed.<br />
Otherwise a legally binding unconditional agreement to the effect executed<br />
between all the partners of the firm shall be furnished with the tender.
4<br />
b) If the tenderer is a joint venture company / consortium of companies, the<br />
experience of the joint venture company / consortium of companies during the<br />
preceding seven years as specified above shall be taken into account.<br />
Alternatively in the absence of having the required experience and if they<br />
want to rely on the experience of the individual participating companies, the<br />
experience of those participating companies will be taken into account for the<br />
purpose of this tender, provided all the participating companies (participants<br />
of the joint venture company or the consortium as the case may be) enter into<br />
a legally binding unconditional agreement committing / undertaking the<br />
individual participating company liable and responsible for the performance<br />
of the contract in all respects and the same shall be furnished with the tender.<br />
Further, all the participating companies shall give a guarantee, jointly or<br />
severally, to the Cochin Shipyard Limited making them liable for, and<br />
undertaking, jointly and severally, the performance of the contract in all<br />
respects and shall be submitted along with the tender.<br />
c) If the tenderer is a subsidiary company and if they want to rely on the<br />
experience of its holding company/or another subsidiary of the holding<br />
company, the experience of such holding company / subsidiary will be taken<br />
into account for the purpose of this tender, provided the tenderer enter into a<br />
legally binding unconditional agreement with the holding company/subsidiary<br />
company, committing / undertaking the holding / subsidiary company liable<br />
and responsible for the performance of the contract in all respects and the<br />
same shall be furnished with the tender. Further, such holding<br />
company/subsidiary company shall give a guarantee, jointly or severally, to<br />
Cochin Shipyard Limited making them liable for, and undertaking, the<br />
performance of the contract in all respects and the same shall be submitted<br />
along with the tender.<br />
<strong>II</strong>) FINANCIAL TUR<strong>NO</strong>VER:<br />
Average Annual Financial Turnover of the tenderer during the last three financial<br />
years ending 31 st March <strong>2012</strong> shall not be less than Rs. 127 Lakhs. An audited<br />
balance sheet and profit & loss Account for the preceding 3 years has to be<br />
submitted in proof of financial turn over.<br />
a) If the tenderer is a partnership firm, the average annual financial turnover of the<br />
firm for the last three financial years shall be taken into account. Alternatively, in<br />
the absence of having the required financial turnover and if the firm wants to rely<br />
on the turnover of its individual partners, the financial turnover of such individual<br />
partners during the last three financial years combined and put together will be<br />
taken into account for the purpose of this tender. The partners shall be jointly and<br />
severally liable and responsible for the performance of the contract in all respects<br />
and this liability and responsibility of the partners shall be incorporated / reflected<br />
in the partnership deed. Otherwise a legally binding, unconditional agreement to<br />
the effect executed between all the partners of the firm shall be furnished with the<br />
tender.
5<br />
b) If the tenderer is a joint venture company / consortium of companies, the said<br />
financial turnover of the Joint Venture Company / consortium of companies shall be<br />
taken into account. Alternatively, in the absence of having the required financial<br />
turnover and if they want to rely on the financial turnover of the individual<br />
participating companies, the financial turnover of those participating companies<br />
combined, put together and consolidated will be taken into account for the purpose<br />
of his tender, provided all the participating company (participants of the joint<br />
venture company or the consortium as the case may be) enter into a legally binding<br />
unconditional agreement committing / undertaking the individual participating<br />
company liable and responsible for the performance of the contract in all respects<br />
and the same shall be furnished with the tender. Further, all the participating<br />
companies shall give a guarantee, jointly or severally, to Cochin Shipyard Limited<br />
making them liable for, and undertaking, jointly and severally, the performance of<br />
the contract and shall be submitted along with the tender.<br />
c) If the tenderer is a subsidiary company and if they want to rely on the financial<br />
turnover of its holding company or another subsidiary of the holding company, the<br />
financial turnover of such holding company / subsidiary company will be taken into<br />
account for the purpose of this tender, provided the tenderer enter into a legally<br />
binding unconditional agreement with the holding company / subsidiary company,<br />
committing / undertaking the holding / subsidiary company liable and responsible<br />
for the performance of the contract in all respects and the same shall be furnished<br />
with the tender. Further, such holding company / subsidiary company shall give a<br />
guarantee, jointly or severally, to Cochin Shipyard Limited making them liable for,<br />
undertaking, the performance of the contract in all respects and the same shall be<br />
submitted along with the tender.<br />
<strong>II</strong>I) FINANCIAL CAPABILITY FOR EXECUTING THE WORK:<br />
The tenderer shall furnish financial capability certificate for an amount not less<br />
than Rs 127 Lakhs (Average annual turn over), from his bankers/ financial<br />
institutions, to the effect that the tenderer is financially sound and has sufficient<br />
resources for executing the work as per schedule.<br />
IV) CSL’s requirement for dredging is 9.0 m from CPT datum level. Tenderer shall<br />
furnish a certificate stating that the dredger proposed to be deployed at CSL is<br />
capable of obtaining the required depth of 9.0m from the CPT datum Level.<br />
Technical details and Photographs of the dredgers planned for deployment shall<br />
be furnished along with the tender.<br />
V) Tenderer shall furnish a certificate stating whether the TSHD planned to be<br />
deployed at CSL will be free for this work.<br />
VI) Tenderer shall furnish experience certificates from clients showing the quantity<br />
of material dredged, value of work done and period of dredging.<br />
V<strong>II</strong>) Integrity pact signed by the Tenderer as per Annexure-<strong>II</strong>I enclosed.
6<br />
10. Price bid (cover B) of those tenderers who have qualified technically and submitted<br />
EMD and the undertaking that Cover B does not contain any conditions shall only<br />
be opened on a later date after giving notice to the qualified bidders. Tenderer<br />
should ensure that his quoted amount as per cover B is not mentioned anywhere<br />
in other documents, directly or indirectly. If any such mention is made the<br />
tender will become invalid and shall become liable for rejection.<br />
11. Late tenders and tenders with conditions will be summarily rejected.<br />
12. The acceptance of a tender will rest with Engineer-In-Charge who does not bind<br />
himself to accept the lowest tender and reserves to himself the authority to reject any<br />
or all of the tenders received without assigning any reason.<br />
13. The tenderer should keep open the validity of the tender for 60 days from the date<br />
fixed for its opening or from the date of its opening whichever is later. Should any<br />
tenderer withdraw his tender before the validity period or make any modification in<br />
the terms and condition of the tender, which are not acceptable to CSL, the earnest<br />
money deposited by the tenderer shall be forfeited in addition to other administrative<br />
actions.<br />
14. During the evaluation of tender Engineer-In-Charge may at his discretion ask the<br />
bidders for clarifications. Request for clarification will be given in writing and no<br />
change in prices or substance of the bid shall be sought, offered or permitted. <strong>No</strong><br />
post-bid clarification on the initiative of the bidder will be entertained. Failure to<br />
deposit the security deposit or execution of contract agreement with CSL, the<br />
contractor is liable for rejection of the bid along with forfeiture of the earnest money<br />
deposit and CSL will have full right to take suitable action against the firm.<br />
15. The successful tenderer will be required to execute an agreement at his expense on<br />
Kerala State Stamp Paper of value Rs.100/- in the prescribed departmental form for<br />
the due and proper fulfillment of the contract within seven days of acceptance of his<br />
tender or within such time as extended by General Manager (Tech). Till such time,<br />
the tender together with the acceptance letter of Cochin Shipyard shall constitute a<br />
binding contract between the two parties.<br />
16. The successful bidder shall deposit with Cochin Shipyard Limited a sum equal to<br />
10% of the contract value (less EMD) as security deposit within 7 days from the date<br />
of Work Order. Bank guarantee as per the format of CSL will also be accepted as<br />
security deposit.<br />
17. Tender shall be received in the tender box kept at Civil Engineering Department of<br />
Cochin Shipyard Limited, Cochin – 682 015 before the scheduled date and time. The<br />
tender should have the name, address and contact number of the tenderer on the<br />
cover.
7<br />
18. TIME OF COMPLETION<br />
Time of completion of the dredging work will be 35 days which will be reckoned<br />
from the 7 th day of date of work order or the date of handing over the site whichever<br />
is later. The work is required to start tentatively by 15 th Jan 2013.<br />
In case CSL is unable to give site in full, the same will be given in parts only. For<br />
part site handing over time will be allowed in proportion to the original contract<br />
period. <strong>No</strong> additional claim will be allowed on this account.<br />
19. COMPENSATION FOR DELAY<br />
1% (One percent) of the value of work done will be deducted from the amount<br />
payable to the contractor per week for the delayed completion. The maximum<br />
compensation for the delayed work completion will be 10% of the value of work<br />
done in the respective phase.<br />
20. QUANTITY VARIATION<br />
The contractor may note that the quantity given in the schedule is approximate. The<br />
contractor should be prepared to execute an upward deviation of 15% in quantities at<br />
the same rate quoted. However in such case additional time proportional to the<br />
original time will be allowed extra.<br />
21. SETTLEMENT OF DISPUTES<br />
The decision of Cochin Shipyard / Engineer-in-charge of the work, shall be final,<br />
conclusive and binding on all parties to contract upon all questions, relating to the<br />
meaning of specifications, drawing, sounding charts etc.<br />
Subject to what is stated above if the contractor claims that the decision or the<br />
instruction of the CSL unjustified, he shall notify this in writing to the CSL within<br />
five days of receiving such instructions or decision and state his claim, if any,<br />
quantifying it.<br />
CSL shall reply to the points raised by the contractor within 15 days.<br />
The contract shall be interpreted and have effect in accordance with the Law of <strong>India</strong><br />
and no suit or other proceedings relating to this contract shall be filed or taken by the<br />
contractor in any court of law except in the court of competent jurisdiction in Kochi<br />
where the work is being executed.<br />
Cochin Shipyard Ltd. has constituted a grievance committee has an alternate<br />
mechanism for redressal of grievances. Contractor can approach the grievance<br />
redressal committee in case, the disputes are not settled through discussions with the<br />
Engineer in charge. Presently the committee is constituted as follows
8<br />
Sl no. Names Designation Phone no.<br />
1 Shri Joe Joe Peter CGM (Plg) 9895191555<br />
2 Shri V J Jose DGM (Fin) 9895705<strong>112</strong><br />
3 Shri Babu T I DGM (IR) 9895705068<br />
In case of any further clarifications, the contractor can contact Civil Engineering<br />
Department of Cochin Shipyard about the current constitution, contact details of<br />
grievance committee members etc.<br />
22. SAFETY SECURITY AND PROTECTION OF THE ENVIRONMENT<br />
The contractor shall throughout the contract period:<br />
a) Have full regard for the safety of all persons entitled to be upon the site and<br />
keep the site (so far as the same is under his control) and the work (so far as<br />
the same is completed or occupied by the employer) in orderly state<br />
appropriate to the avoidance of danger to such persons)<br />
b) Take all reasonable steps to protect the environment on and off the site and to<br />
avoid damage or nuisance to persons or to property of the public or others<br />
resulting from pollution, noise or other causes arising as consequence to his<br />
method of operation.<br />
23. It is the responsibility of the contractor to follow all safety rules and regulations in<br />
force, during the currency of contract in CSL, and any violation of the same during<br />
the course of work will be at the risk and cost of the contractor and will attract penal<br />
action.<br />
24. FAILURE OF CONTRACTOR<br />
If the contractor abandons the contract or fail to commence the work/complete the<br />
work without valid reasons, CSL may after giving 3 days notice in writing to the<br />
contractor, terminate the contract and carry out the remaining work in full or part as<br />
deemed necessary through other agencies at the risk and cost of the contractor. In<br />
such case EMD and security deposit will be forfeited at the discretion of CSL and the<br />
contractor will be blacklisted. If sufficient draft as per plan could not be made<br />
available, any loss/damage suffered by the CSL will be recovered from the<br />
contractor.<br />
At any of point of time if CSL is of the opinion that the work will not be<br />
completed in time, CSL will be at full liberty to take over the site or deploy<br />
additional dredgers and the additional cost incurred in this account shall be recovered<br />
from the bills of the contractor.<br />
25. SITE DETAILS<br />
Cochin Shipyard situated at Latitude 9º 58’ <strong>No</strong>rth and Longitude 76° 14’ East on<br />
the South West Coast of <strong>India</strong>, is the biggest Shipbuilding/Repairing Yard in <strong>India</strong>.<br />
There is a total water frontage of 1100 metres which includes 2 dock entries and 3<br />
Quays. Quay <strong>No</strong>.I is used for Ship repair activities. The total length of Quay I is<br />
290 metres. The proposed work is for dredging Quay-I, repair dock mouth, Quay-<strong>II</strong>
9<br />
as per the plan attached to a width of 120m and depth of 8.5m and 9.5m from CPT<br />
datum level and 1 in 10 slope for edges.<br />
26. METHOD OF WORKS<br />
TSHD shall be deployed for dredging work and the spoil may be disposed at the<br />
disposal area approved by Cochin Port Trust approximately 24 kms away.<br />
27. RATE TO BE PAID<br />
The rate quoted for unit measurement (Cubic Metre) should include the cost towards<br />
all operations required for the completion of the work and no extra payment will be<br />
made other than service tax. Service tax paid will be reimbursed on production of<br />
documentary proof.<br />
28. UNDERTAKING TO BE GIVEN BY THE CONTRACTOR IN FAVOUR OF<br />
COCHIN SHIPYARD<br />
(a) We have visited and inspected the site and understood the nature of work in full.<br />
(b) A suitable TSHD will be deployed for the work for dredging and dumping the<br />
spoil in dumping yard approx. 24 kms away from dredging site.<br />
(c) The payment for dredging work will be based on the initial and final sounding<br />
survey of dredged area using echo-sounder. Both the surveys will be combined<br />
and will be arranged by Cochin Shipyard Limited. A representative will be<br />
nominated for the same by the Contractor.<br />
(d) For computing the dredged quantity, a slope of 1 in 10 will be allowed on edges<br />
as per the actual.<br />
(e) At the end of the work the area is to be handed over to CSL with required<br />
depths as shown in the attached drawing. The depth to be obtained is 9.0 metres<br />
from CPT datum level (as per dredging plan). At any portion of the dredging<br />
area if sufficient depth is not obtained beyond permissible variations (30 cms),<br />
the quantity of under dredging will be worked out and half of the worked out<br />
quantity will be deducted from the payable quantity as per quantity arrived at<br />
for payment. If any over dredging is done, no payment will be made for the<br />
extra quantity of dredging done above specified depths, other than as instructed<br />
by the engineer-in-charge in writing.<br />
29. GENERAL DESCRIPTION OF WORK<br />
a. The work consists of dredging of shipyard quayside north of Quay-I up to<br />
Quay-<strong>II</strong>I chainage 380m, width of 50m (ie 70m away from quaywall upto<br />
120m) and 1 in 10 slope at edges and approximate quantity of dredging is<br />
1,75,000 cubic meters by deploying TSHD.<br />
As the dredging does not involve any material input by the contractor, no sales<br />
tax is deductable from the contractor. The income tax will be deducted as per<br />
income tax rules.<br />
b. SCOPE OF WORK<br />
The work involves dredging as specified in the enclosed drawing with 1 in 10<br />
slope as directed by the engineer-in-charge.
10<br />
c. SITE CONDITION<br />
The area where the dredging under this contract are to be executed situates at<br />
70m away from quaywall width of 50m (ie 70m to 120m) along shipyard<br />
quayside. If at the time of initial sounding it is found that any area in channel<br />
adjoining the shaded area is having depth less than 9.0m that area will also<br />
have to be dredged.<br />
d. REFEREN<strong>CE</strong> LEVEL<br />
The levels indicated in the drawing and/or specification are with reference to<br />
Cochin Port Trust’s Chart Datum. The depth to be obtained on completion of<br />
dredging assignment is from the chart Datum.<br />
e. TIDE AND FLOOD LEVELS<br />
The contractor shall carefully investigate the records of all past states of tides<br />
and floods and shall be held to have satisfied himself on all the tide and flood<br />
levels likely to prevail during the period of contract so far as it may affect the<br />
work. The approximate highest and lowest tidal levels in the area are (+)<br />
1.05m and -0.0m.<br />
f. CURRENT<br />
The maximum current expected in the area of work is about 1.00<br />
knots.<br />
30. CONTRACTOR’S RESPONSIBILITY<br />
a) The contractor shall thoroughly study the specifications and drawings and<br />
errors/omissions/modifications if any, shall be brought to the notice of the<br />
Engineer-in-charge well in advance, so that a final decision in the matter<br />
could be given in time.<br />
b) All plants, equipments and consumables required including fresh water and<br />
power for the whole work shall be provided by the contractor at his own<br />
cost and the rate quoted per m 3 of dredging shall include all labour,<br />
materials, contigent expenditure etc. complete.<br />
c) The contractor has to provide necessary arrangements as desired by the<br />
Engineer-in-charge, for inspection of work at the contractor’s cost till<br />
completion of the work.<br />
d) As the work is to be performed at the restricted area, the contractor shall<br />
observe all security regulations prevailing in Cochin Shipyard.<br />
e) The contractor shall provide at his cost, necessary signals and lights on the<br />
dredger for warning the moving crafts passing through the area during the<br />
period of contract. If any accident/damage occurs on account of contractor’s<br />
tools/ plants / arrangements etc. the same shall be rectified / compensated by<br />
the contractor at his cost.
11<br />
f) The contractor shall take all the precautions to ensure that no disturbance is<br />
caused to the shipyard activities in the area on account of works under this<br />
contract.<br />
g) The work shall be carried out without causing any hindrance to nearby<br />
Quays / Dock mouth etc.<br />
h) The work shall be carried out without causing any hindrance to regular<br />
navigation and regular shipbuilding /ship repair activities at CSL. All<br />
precautions to be taken to see that, the berthed vessel is protected.<br />
i) The contractor shall be responsible for the true and proper setting out of the<br />
work in relation to original points, lines and levels of reference given by the<br />
Engineer-in-charge and for the correctness of the position, levels,<br />
dimensions and alignment of all parts of the works and for the provision of<br />
all necessary instruments, appliances and labour in connection therewith. If<br />
at any time during the progress of the work any error shall appear or arrive<br />
in the position, levels, dimensions or alignment of any part of the works, the<br />
contractor on being required to do so by the Engineer-in-charge shall, at his<br />
own cost, rectify such error to the satisfaction of Engineer-in-charge, unless<br />
such error is based on incorrect data supplied by the engineer-in-charge, in<br />
which case the expense of rectifying the same shall be borne by the<br />
Department. The checking of any setting out or of any line or level by the<br />
engineer-in-charge shall not in any way relieve the contractor of his<br />
responsibility for the correctness thereof and the contractor shall carefully<br />
protect and preserve all bench marks, pegs and other things used in setting<br />
out the works and measurement purposes.<br />
j) All labour, skilled or unskilled shall be provided by the contractor.<br />
Settling any dispute with the labour will be the contractor’s responsibility.<br />
k) The contractor shall not construct any structure, even of a temporary nature,<br />
for any purpose at site, except with the written permission of the Engineerin-charge<br />
of the work and any construction so put up shall be removed by<br />
the contractor whenever the engineer-in-charge calls upon the contractor to<br />
do so.<br />
l) Any expenditure on account of damage or accident occurring to the men and<br />
material of the contractor or any other person during the progress of the<br />
work shall be borne by the contractor himself and no claims on this account<br />
will be entertained by the Department.<br />
m) The engineer-in-charge or any person authorized by him shall at all times<br />
have access to the work and the contractor shall afford every facility and<br />
assistance in obtaining the right to such access.<br />
n) The contractor shall remove all his temporary works and clear the site at his<br />
cost to the satisfaction of the engineer-in-charge before the site is handed<br />
over back to the Department.<br />
o) All Port dues including toll, pilotage, berth charges etc., will be to the<br />
account of the contractor.
12<br />
p) All fossils, coins, articles of value of antiques and structures and other<br />
remains or things of geological or archeological interest discovered in the<br />
site of work shall be deemed to be the absolute property of CSL and the<br />
contractor shall take responsible precautions to prevent his workmen or any<br />
other persons from removing or damaging any such article or thing and shall<br />
immediately upon discovery thereof and before removal, acquaint the<br />
Departmental Officers of such recovery and carry out at the expense of the<br />
Department, the engineer-in-charge’s orders as to the disposal of the same.<br />
q) The contractor shall provide boat (s), at his own cost, as and when required<br />
by the departmental personnel for supervision works, throughout the<br />
contract period.<br />
31. ALTERATIONS/ADDITIONS/OMISSIONS<br />
The quantity given in the schedule of quantities is only approximate and is<br />
given to provide a common base for tendering. Payment will be made for the<br />
actual quantities of work carried out to the directions of the Engineer-in-charge,<br />
measurement will be taken based on Initial/Final soundings of area dredged and<br />
valued at the rate quoted in the schedule of quantities, so long as the total cost<br />
of works done does not increase or decrease from the contract quantity by<br />
fifteen percent. Any deviations executed beyond the agreement quantity<br />
without approval of the engineer-in-charge will not be eligible for payment.<br />
32. MEASUREMENT<br />
Measurement and quantity of dredging will be arrived, based on the initial and<br />
final level/soundings, in the area dredged with 1 in 10 slopes. The quantity<br />
calculation will be carried out using Simpsons rule. Dredging done beyond the<br />
depths specified by the Engineer in charge will not be payable. Measurement<br />
will be taken using echo sounder.<br />
33. WORKMANSHIP<br />
The whole work shall be completed in a diligent manner within the contract<br />
period and defect or imperfection if any, observed shall be rectified at<br />
contractor’s cost to the full satisfaction of the engineer-in-charge.<br />
34. INSURAN<strong>CE</strong> AGAINST ACCIDENT TO WORKMEN:<br />
The contractor shall insure against such liability and shall continue such<br />
insurance during the whole of the time that any persons are employed by him<br />
on the works. Provided that, in respect of any persons employed by any subcontractor,<br />
the contractor’s obligations to insure as aforesaid under this subclause<br />
shall be satisfied if the sub-contractor shall have insured against the<br />
liability in respect of such persons in such manner that CSL is indemnified<br />
under the policy, but the contractor shall require such sub-contractor to produce<br />
before CSL, such policy of insurance and the receipt for the payment of current<br />
premium.
13<br />
35. INSURAN<strong>CE</strong> TO DREDGER:<br />
The contractor shall insure dredger and other supporting crafts/ equipments<br />
deployed for the work against normal marine risks. The dredger should also<br />
have Protection and Indemnity (P&I) or such cover, which shall include<br />
salvage of said dredger in case she is sunk within the Cochin Shipyard Limited<br />
limits and is required to be salvaged by the contractor.<br />
36. Following services will be given free of cost depending upon availability. Contractor<br />
has to make his own arrangements to avail the same at his risk and subject to<br />
satisfying statutory rules and regulations if any.<br />
a) Crane facility based on crane reach availability.<br />
37. TIME SCHEDULE AND MONITORING OF PROGRESS<br />
The tenderer shall prepare and attach with the technical bid a detailed work<br />
programme indicating key activities and critical items and showing the order in<br />
which he proposes to carry out the work for completing the same within the<br />
stipulated contract period.<br />
The contractor shall furnish to the engineer-in-charge progress reports of the<br />
work during execution indicating delay, if any, its reason and proposal to make<br />
up the delay.<br />
38. RELEASE OF SECURITY DEPOSIT<br />
10% of the value of work retained towards security deposit shall be released<br />
only after payment of the final bill after observing all formalities and after the<br />
satisfactory completion of the rectification of defects/imperfection noticed and<br />
after clearing of site.<br />
39. EMD submitted by unsuccessful tenderers will be released within 10 days of release<br />
of work order or immediately after the expiry of validity period of tender.<br />
40. The contract shall be governed by the laws in force in <strong>India</strong>. Any dispute arising will<br />
be subject to the jurisdiction of the court in COCHIN.<br />
41. FOR<strong>CE</strong> MAJEURE EVENTS<br />
In the event of circumstance or a combination of events and circumstances which are<br />
referred below and which are beyond the reasonable control of the contractor and / or<br />
employer as the case may be or which could not have been prevented by the exerciser<br />
of reasonable skill and care, and which or the consequences of which materially affect<br />
the execution of the work, or the contractor’s obligations under this Contract in whole<br />
or in part then and in that event the contractor shall be, subject to the provisions of<br />
this contract, entitled to claim proportionate extension of the contract period.<br />
(i) Force majeure including but not limited to:<br />
(a) War, hostilities (whether war be declared or not), invasion, act of foreign<br />
enemies,<br />
(b) Rebellion, terrorism, revolution, insurrection, military or usurped power,<br />
or civil war,
14<br />
(c) Riot, commotion, disorder, strike or lockout by persons other than the<br />
contractor’s personnel and other employees of the contractor and<br />
subcontractors,<br />
(d) Munitions of war, explosive materials, ionizing radiation or<br />
contamination by radio activity, except as may be attributable to the<br />
contractor’s use of such munitions, explosives, radiation or radioactivity,<br />
and<br />
(e) Natural catastrophes such as earthquake, hurricane, typhoon or volcanic<br />
activity.<br />
(ii) Storm, to the extent that it could not reasonably have been expected to occur at<br />
the place, at the time of year, in question;<br />
(iii)Epidemic, famine;<br />
(iv) Strikes or boycotts interrupting supplies and services to the site (excluding strikes<br />
or boycotts by employees, agents or representatives of contractor, or its<br />
subcontractors for any reason whatsoever);<br />
(v) Fire caused otherwise than by any act or omission on the part of the contractor or<br />
its agents servants or employees or its subcontractor;<br />
(vi) Any event or circumstance of a nature analogues to any of the above or an Act of<br />
God.<br />
Obligation of the Parties to perform<br />
The obligations and liabilities of the contractor under this Contract would continue as<br />
long as the performance is not impeded by Force Majeure Event as defined above.<br />
The contractor shall resume performance of its obligations under this Contract as<br />
soon as possible after the Force Majeure Event no longer exists. Provided that the<br />
performance of the contractor’s obligations and liabilities shall, for the period of<br />
Force Majeure, be governed as per and be subject to the provisions of this clause.<br />
<strong>No</strong>tice<br />
The contractor if affected by the Force Majeure Event shall give notice to the<br />
employer in writing of the occurrence of any of the Force Majeure Event as soon as<br />
the same arises, and in any event within three (3) days after the knowledge by the<br />
contractor.<br />
<strong>No</strong>tice shall inter-alia include full particulars of –<br />
i) the nature of each Force Majeure Event<br />
ii) the date and time effective when the performance of contractor’s obligations under<br />
the contract was affected by the Force Majeure Event;<br />
iii) the effect which such Force Majeure Event is having on the performance of<br />
contractor’s obligations under the Contract was affected by the Force Majeure<br />
Event;<br />
iv) the measures which the contractor has taken, or proposes to take, to alleviate the<br />
impact of those Force Majeure Events or mitigate the damage; and<br />
v) any other relevant information.
15<br />
Reporting requirement<br />
For so long as the contractor continues to be affected by the Force Majeure Event it<br />
shall provide Engineer with regular (and not less than weekly) written report<br />
containing<br />
i) the information called for under and<br />
ii) such other information as the other party may reasonably request.<br />
Costs, Revised Timetable<br />
During the period of Force Majeure<br />
(i) The employer shall not be responsible for any cost resulting from a Force<br />
Majeure Event.<br />
(ii) Any time period specified in this Contract for the performance of an<br />
obligation by the contractor may be extended proportionately by employer for<br />
such a period during which the Force Majeure Event affected the obligation of<br />
the contractor.<br />
Period of Force Majeure<br />
In this clause reference to a period of Force Majeure shall mean the period of<br />
commencing from the date and time specified in the notice given by the contractor,<br />
until the earlier of –<br />
i) Such time as the performance by the contractor of its obligations is no longer,<br />
materially and adversely affected; and<br />
ii) If this Contract is terminated pursuant to clause, the date of service of such notice.<br />
Termination due to Force Majeure Event<br />
In the event that such Force Majeure Event shall physically impede or prevent the<br />
contractor from performing its obligations under this Contract for more than 30 days<br />
from the date of commencement of such force majeure event, the contractor and the<br />
employer may mutually decide the terms upon which the contractor shall continue the<br />
performance of its obligations or to terminate this Contract. The employer shall if it is<br />
so agreed between the parties terminate the Contract.<br />
Consultation and Duty to Mitigate<br />
For so long as the period of Force Majeure is continuing, the contractor and the<br />
employer shall consult each other and the contractor shall use all reasonable<br />
endeavours to alleviate its effects on the performance of its obligations under this<br />
Contract. The employer shall afford reasonable assistance to the contractor to<br />
alleviate the effect of the Force Majeure Event on the performance by contractor of its<br />
obligations under this Contract.<br />
Termination due to Force Majeure<br />
If the Contract is terminated by the employer or the contractor under provisions of<br />
this clause due to a Force Majeure event, the amount of compensation shall be as<br />
mutually decided between the parties at the appropriate time and as per the terms and<br />
conditions mutually agreed upon and subject to, the provisions of this Contract.
16<br />
42. IDLE TIME CHARGES<br />
<strong>No</strong> IDLE time charge for any of the dredgers/plants/will be paid due to any breakdown/other<br />
hindrance to the dredging.<br />
If dredging is suspended due to force majeure, fire, riots, strikes, civil<br />
commotion/Court’s directive, Shipyard will not be responsible for any consequent<br />
damage or cost involved, including idling charges of the dredger. However suitable<br />
extension for completion of Dredging assignment will be considered on merit of each<br />
case.<br />
During the course of dredging, if the dredger encounters materials like boulders scrap<br />
metals, any other scrap materials in the sea bed, as a result of which either of the<br />
dredger/dredging system is damaged or there is delay in work completion, Cochin<br />
Shipyard shall not be held responsible and any cost incurred including idle time<br />
charges will be to the account of contractor.<br />
Signature, Name and<br />
Address of Contractor,<br />
Date:<br />
Sd/-<br />
General Manager (Tech)
<strong>CIV</strong>IL ENGINEERING DEPARTMENT<br />
DEPLOYMENT OF TSHD FOR DREDGING SHIPYARD QUAYSIDE (<strong>2012</strong>-13)<br />
<strong>CIV</strong>/<strong>112</strong>/<strong>2012</strong>/<strong>SM</strong>(<strong>CE</strong>)<strong>II</strong><br />
SL<br />
<strong>NO</strong>.<br />
TENDER SCHEDULE<br />
DESCRIPTION OF WORK QNTY UNIT<br />
RATE<br />
AMOUNT<br />
(Both in Words & Figures)<br />
1<br />
Deepening by dredging the quayside as per the dredging plan<br />
(attached) to a depth of 9.0m (avg) with slopes 1 in 10 using<br />
Trailing Suction Hopper Dredger (TSHD) and disposing off the<br />
materials at designated dumping area in outer sea at a<br />
distance of 24 Km from the dredge site including cost/hire<br />
charges of dredger, fuel, labour, boats, etc. its mobilisation,<br />
demobilisation, idle time charges and all other incidentals etc.<br />
complete as per the specification and direction of the engineerin-charge..<br />
175000 M 3 M 3<br />
<strong>No</strong>te:<br />
Rate quoted shall include all taxes, duties & octroi except service tax.<br />
Service tax paid by the contractor will be reimbursed based on<br />
documents produced.<br />
Total<br />
Signature, Name & Address Sd/-<br />
of the Tenderer :<br />
GENERAL MANAGER (TECH)<br />
Date :
CHECK LIST<br />
Annexure-I<br />
<strong>No</strong>: <strong>CIV</strong>/<strong>112</strong>/<strong>2012</strong>/<strong>SM</strong>(<strong>CE</strong>)<strong>II</strong><br />
DEPLOYMENT OF TSHD FOR DREDGING SHIPYARD QUAYSIDE (<strong>2012</strong>-13)<br />
Whether the tenderer has completed during the last seven years, ending<br />
1<br />
with the date of submission of tender, works of similar nature described<br />
in the NIT costing either one work of value Rs. 339 Lakhs or two works Yes / <strong>No</strong><br />
of value Rs. 212 Lakhs each or three works of value Rs. 170 Lakhs<br />
each.<br />
2<br />
Whether the tenderer has an average annual turn over of more than 127<br />
Lakhs during the preceding 3 years.<br />
Yes / <strong>No</strong><br />
3<br />
Whether the tenderer has financial capability for an amount not less than<br />
Rs 127 Lakhs (Average annual turn over), from his bankers/ financial Yes / <strong>No</strong><br />
institutions<br />
4<br />
Whether the dredger proposed to be deployed at CSL is capable of<br />
obtaining the required depth of 9.0m from the CPT datum Level. Yes / <strong>No</strong><br />
Technical details and Photographs of the dredgers planned for this work.<br />
5<br />
Whether the proposed dredgers will be free for deployment for this<br />
work at CSL.<br />
Yes / <strong>No</strong><br />
6 Integrity pact signed by the Tenderer as per Annexure-<strong>II</strong>I enclosed. Yes / <strong>No</strong><br />
7<br />
Whether the tenderer has been blacklisted from any Govt. Dept. /<br />
Company.<br />
Yes / <strong>No</strong><br />
Documental evidences in proof of 1 to 5 are to be furnished.<br />
Explanatory notes: Similar work(s) means dredging the channel using TSHD and dumping<br />
the materials at outer sea approx 24 kms away from dumping site.<br />
Sd/-<br />
General Manager (Tech)<br />
Signature, Name &<br />
Address of Contractor:<br />
Date:<br />
1
ANNEXURE - <strong>II</strong><br />
<strong>No</strong>.<strong>CIV</strong>/<strong>112</strong>/<strong>2012</strong>/<strong>SM</strong> (<strong>CE</strong>) <strong>II</strong><br />
UNDERTAKING BY CONTRACTOR<br />
Name of work: DEPLOYMENT OF TSHD FOR DREDGING SHIPYARD<br />
QUAYSIDE (<strong>2012</strong>-13)<br />
1. “ I / WE COMPLY WITH ALL CONDITIONS OF TENDER BY CSL AND<br />
CONFIRM THAT RATES QUOTED IN THE PRI<strong>CE</strong> BID ARE INCLUSIVE OF<br />
ALL TAXES AND DUTIES EXCLUDING SERVI<strong>CE</strong> TAX. I / WE ALSO<br />
CONFIRM THAT COVER B (PRI<strong>CE</strong> BID) DO <strong>NO</strong>T CONTAIN ANY<br />
CONDITIONS ”<br />
2. “ I / WE HAVE <strong>NO</strong>T MADE ANY PAYMENT OR ILLEGAL GRATIFICATION<br />
TO ANY PERSON/AUTHORITY CONNECTED WITH THE BID PRO<strong>CE</strong>SS SO<br />
AS TO INFLUEN<strong>CE</strong> THE BID PRO<strong>CE</strong>SS AND HAVE <strong>NO</strong>T COMMITTED ANY<br />
OFFEN<strong>CE</strong> UNDER THE PC ACT IN CONNECTION WITH THE BID.”<br />
Signature & date :<br />
Name & address<br />
of the contractor :<br />
Tel / Mobile no:
- 1 -<br />
Annexure-<strong>II</strong>I<br />
(on Stamp paper worth Rs.100/-)<br />
INTEGRITY PACT<br />
Between<br />
Cochin Shipyard Limited (CSL) hereinafter referred to as “The Principal”,<br />
and<br />
M/s. ----------------------------------------------------- (address) hereinafter referred<br />
to as “The Bidder/ Contractor”<br />
Preamble<br />
The principal intends to award, under laid-down organizational procedures,<br />
contract/s for supply of ---------------------------------------------------. The<br />
Principal values full compliance with all relevant laws and regulations, and the<br />
principles of economical use of resources, and of fairness and transparency in<br />
its relations with its Bidder/s and/or Contractor/s.<br />
Principal<br />
Bidder/Contractor
- 2 -<br />
Section 1 – Commitments of the Principal<br />
1. 1. The Principal commits itself to take all measures necessary to prevent<br />
corruption and to observe the following principles:-<br />
1.1.1. <strong>No</strong> employee of the Principal, personally or through family<br />
members, will in connection with the tender for, or the execution<br />
of a contract demand, take a promise for or accept, for<br />
him/herself or third person, any material or immaterial benefit<br />
which he/she is not legally entitled to.<br />
1.1.2. The Principal will, during the tender process treat all Bidders with<br />
equity and reason. The Principal will in particular, before and<br />
during the tender process, provide to all Bidders the same<br />
information and will not provide to any Bidder confidential /<br />
additional information through which the Bidder could obtain an<br />
advantage in relation to the tender process or the contract<br />
execution.<br />
1.1.3. The Principal will exclude from the process all known prejudiced<br />
persons.<br />
1.2. If the Principal obtains information on the conduct of any of its employees<br />
which is a criminal offence under the relevant Anti-Corruption Laws of <strong>India</strong>, or<br />
if there be a substantive suspicion in this regard, the Principal will inform its<br />
Vigilance Office and in addition can initiate disciplinary actions.<br />
Principal<br />
Bidder/Contractor
- 3 -<br />
Section 2 – Commitments of the Bidder/Contractor<br />
2.1. The Bidder / Contractor commits himself to take all measures necessary<br />
to prevent corruption. He commits himself to observe the following<br />
principles during his participation in the tender process and during the<br />
contract execution.<br />
2.1.1. The Bidder / Contractor will not, directly or through any other<br />
person or firm, offer, promise or give to the Principal, to any of the<br />
Principal’s employees involved in the tender process or the<br />
execution of the contract or to any third person any material or<br />
immaterial benefit which he / she is not legally entitled to, in<br />
order to obtain in exchange an advantage during the tender<br />
process or the execution of the contract.<br />
2.1.2. The Bidder / Contractor will not enter with other Bidders into any<br />
illegal agreement or understanding, whether formal or informal.<br />
This applies in particular to prices, specifications, certifications,<br />
subsidiary contracts, submission or non-submission of bids or<br />
actions to restrict competitiveness.<br />
2.1.3. The Bidder/ Contractor will not commit any criminal offence under<br />
the relevant Anti-corruption Laws of <strong>India</strong>; further the Bidder/<br />
Contractor will not use improperly, for purposes of competition or<br />
personal gain, or pass on to others, any information provided by<br />
the Principal as part of the business relationship, regarding plans,<br />
technical proposals and business details, including information<br />
contained or transmitted electronically.<br />
Principal<br />
Bidder/Contractor
- 4 -<br />
2.1.4. The Bidder / Contractor will, when presenting his bid, disclose<br />
any and all payments he has made, is committed to or intends to<br />
make to agents, brokers or any other intermediaries in connection<br />
with the award of the contract.<br />
2.2. The Bidder / Contractor will not instigate third persons to commit<br />
offences outlined above or be an accessory to such offences.<br />
Section 3 – Disqualification from tender process and exclusion<br />
from future contracts<br />
3.1. If the Bidder, before contract award, has committed a serious<br />
transgression through a violation of Section 2 or in any other form such<br />
as to put his reliability as Bidder into question, the Principal is entitled to<br />
disqualify the Bidder from the tender process or to terminate the contract,<br />
if already signed, for such reason.<br />
3.1.1. If the Bidder / Contractor has committed a serious transgression<br />
through a violation of Section 2 such as to put his reliability or<br />
credibility into question, the Principal is entitled also to exclude<br />
the Bidder / Contractor from future contract award processes.<br />
The imposition and duration of the exclusion will be determined<br />
by the severity of the transgression. The severity will be<br />
determined by the circumstances of the case, in particular the<br />
number of transgression, the position of the transgressors within<br />
the company hierarchy of the Bidder and the amount of the<br />
damage. The exclusion will be imposed for a minimum of 6<br />
months and maximum of 3 years.<br />
Principal<br />
Bidder/Contractor
- 5 -<br />
3.1.2. If the Bidder / Contractor can prove that he has restored/recouped<br />
the damage caused by him and has installed a suitable corruption<br />
prevention system, the Principal may revoke the exclusion<br />
prematurely.<br />
3.1.3. A transgression is considered to have occurred if in light of<br />
available evidence no reasonable doubt is possible.<br />
Section 4 – Compensation for Damages<br />
4.1. If the Principal has disqualified the Bidder from the tender process prior<br />
to the award according to Section 3, the Principal is entitled to demand<br />
from the Bidder liquidated damages equivalent to 3% of the value of the<br />
offer.<br />
4.2. If the Principal has terminated the contract according to Section 3, or if<br />
the Principal is entitled to terminate the contract according to Section 3,<br />
the Principal shall be entitled to demand from the Contractor liquidated<br />
damages equivalent to 5% of the contract value.<br />
4.3. If the Bidder / Contractor can prove that the exclusion of the Bidder from<br />
the tender process or the termination of the contract after the contract<br />
award has caused no damage or less damage than the amount of the<br />
liquidated damages, the Bidder / Contractor has to compensate only the<br />
damage in the amount proved. If the Principal can prove that the amount<br />
of the damage caused by the disqualification of the Bidder before contract<br />
award or the termination of the contract after contract award is higher<br />
than the amount of the liquidated damages, it is entitled to claim<br />
compensation for the higher amount of damages.<br />
Principal<br />
Bidder/Contractor
- 6 -<br />
Section 5 – Previous transgression<br />
5.1. The Bidder declares that no previous transgressions occurred in the last<br />
3 years with any other Company in any country conforming to the Tender<br />
Irregularity approach or with any other Public Sector Enterprise in <strong>India</strong><br />
that could justify his exclusion from the tender process.<br />
5.2. If the Bidder makes incorrect statement on this subject, he can be<br />
disqualified from the tender process or the contract, if already awarded,<br />
can be terminated for such reason.<br />
Section 6 – Equal treatment of all Bidders /<br />
Contractors / Subcontractors<br />
6.1. The Bidder / Contractor undertakes to demand from all subcontractors a<br />
commitment consistent with this Integrity Pact, and to submit it to the<br />
Principal before contract signing.<br />
6.2. The Principal will enter into agreements with identical conditions as this<br />
one with all Bidders, Contractors and Subcontractors.<br />
6.3. The Principal will disqualify from the tender process all bidders who do<br />
not sign this Pact or violate its provisions.<br />
Section 7 – Criminal Charges against violating Bidders /<br />
Contractors / Subcontractors<br />
If the Principal obtains knowledge of conduct of a Bidder, Contractor or<br />
Principal<br />
Bidder/Contractor
- 7 -<br />
Subcontractor, or of an employee or a representative or an associate of a<br />
Bidder, Contractor or Subcontractor which constitutes corruption, or if the<br />
Principal has substantive suspicion in this regard, the Principal will inform the<br />
Vigilance Office.<br />
Section 8 – Independent Monitor<br />
8.1. The Principal has appointed Dr. Satyanarayana Dash IAS (Rtd), Member<br />
(Administrative), Odisha Administrative Tribunal, Nageswara Tangi,<br />
Bhubaneswar 751014, Odisha. Mobile <strong>No</strong>. 09937012048,<br />
Landline(Office)-0674 2430086 & Residence-0674 2721891 as<br />
independent Monitor for this Pact. The task of the Monitor is to review<br />
independently and objectively, whether and to what extent the parties<br />
comply with the obligations under this agreement.<br />
8.2. The Monitor is not subject to instructions by the representatives of the<br />
parties and performs his functions neutrally and independently. He<br />
reports to the Chairperson of the Board of the Principal.<br />
8.3. The Monitor has the right of access without restriction to all Project<br />
documentation of the Principal. The Contractor will also grant the<br />
Monitor, upon his request and demonstration of a valid interest,<br />
unlimited access to his project documentation. The same is applicable to<br />
Subcontractors. The Monitor is under contractual obligation to treat the<br />
information and documents of the Bidder / Contractor / Subcontractor<br />
with confidentiality.<br />
8.4. The Principal will provide to the Monitor sufficient information about all<br />
meetings among the parties related to the Project provided such meetings<br />
could have an impact on the contractual relations between the Principal<br />
Principal<br />
Bidder/Contractor
- 8 -<br />
and the Contractor.<br />
participate in such meetings.<br />
The parties offer to the Monitor the option to<br />
8.5. As soon as the Monitor notices; or believes to notice, a violation of this<br />
agreement, he will so inform the Management of the Principal and request<br />
the Management to discontinue or heal the violation, or to take other<br />
relevant action. The Monitor can in this regard submit non-binding<br />
recommendations. Beyond this, the Monitor has no right to demand from<br />
the parties that they act in a specific manner, refrain from action or<br />
tolerate action.<br />
8.6. The Monitor will regularly submit a written report to the Chairperson of<br />
the Board of the Principal and, should the occasion arise, submit<br />
proposals for correcting problematic situations.<br />
8.7. If the Monitor has reported to the Chairperson of the Board a<br />
substantiated suspicion of an offence under relevant Anti-Corruption<br />
Laws of <strong>India</strong>, and the Chairperson has not, within reasonable time,<br />
taken visible action to proceed against such offence, the Monitor may also<br />
transmit this information directly to the Central Vigilance Commissioner,<br />
Government of <strong>India</strong>.<br />
Section 9 – Pact Duration<br />
This Pact begins when both parties have legally signed it. It expires for the<br />
Contractor 12 months after the last payment under the respective contract, and<br />
for all other Bidder’s 6 months after the contract has been awarded.<br />
Section 10 – Other Provisions<br />
This agreement is subject to <strong>India</strong>n Law. Place of performance and jurisdiction<br />
is the Corporate Office of the Principal.<br />
Principal<br />
Bidder/Contractor
Distance from Quay in<br />
meters<br />
<strong>CIV</strong>IL ENGINEERING DEPARTMENT<br />
DREDGING PLAN<br />
DOCK<strong>II</strong><br />
DOCK I<br />
QUAY I QUAY <strong>II</strong> QUAY <strong>II</strong>I<br />
320 290 0 0 158 208 0<br />
125<br />
DATE:27/12/12<br />
380<br />
1012 m<br />
70<br />
80<br />
90<br />
100<br />
110<br />
120<br />
130<br />
140<br />
150<br />
160<br />
170<br />
180<br />
190<br />
200<br />
290 380<br />
Depth 9.0m Depth 9.0m<br />
<strong>No</strong>te:<br />
All dimensions are in metres; Sketch <strong>NO</strong>T TO SCALE;<br />
Width of Building Dock Enterance is 87 Metres<br />
Width of Repair Dock Enterance is 47.8 Metres.<br />
Area of dredging by TSHD<br />
Depth to be achieved is 9.0m from chart datum level<br />
CSL had engaged CSD's near the qauy for dredging and the dredged material was dumped<br />
to channel area. If at the time of intial sounding if it is found that any area in<br />
channel adjoining the shaded area is having a depth less than 9.0m that area will<br />
also have to be dredged.