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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.

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