TENDER FOR OPERATION & MAINTENANCE OF EXISTING CARGO BERTHS 09 AND 10 (FROM PANEL NO. 69 TO END OF BERTH NO.10) FOR CARRYING OUT CARGO HANDLING OPERATIONS BY DEPLOYING HARBOUR MOBILE CRANES (MINIMUM HMCS 1 plus 1 NOS.) AND OTHER ASSOCIATED EQUIPMENT INCLUDING MANAGEMENT AND MARKETING

Part – IV Preamble to Bill of Quantities 35 -

Part – V Pre Bid Meeting

Part – VI Special Conditions of Contract 38 -

Part – VII Additional Conditions of Contract 46 -

Part – VIII General Directions and Conditions of Contract 64 -

Safety, Health, Environment & Security Policy

Security Policy

List of Formats & Annexures:

Appendix - I Format for Power of Attorney

Appendix - II Format of the Letter of Acceptance (To be submitted

by each member, in case of Joint Venture)

Appendix - III Format for Performance Guarantee Bond 77 -

Appendix - IV Format for EMD Guarantee Bond

Appendix - V Declaration no. 1 (GST)

Appendix - VI Proforma for Integrity Pact 82 -

Appendix – VII Proforma Of Joint Venture/Consortium Agreement 89 -

Appendix – VIII Proforma of Power- of-Attorney for Lead Member of

Appendix - IX Format of Bid Security Declaration from Bidders 94 -

Annexure-I Proforma of the list of works completed

Annexure-IA Turnover of the Firm/ JV

Annexure-II Proforma of the list of Engineers

Annexure-III Checklist to the Tender Schedule

Annexure-IV Techno commercial information

Section - 1 Forms of Securities and Other Formats 101-121

Section - 2 Forms of Bid, Qualification Information

DEENDAYAL PORT AUTHORITY

CIVIL ENGINEERING DEPARTMENT

Tender No. HD-02/2026

ONLINE TENDERING (E- Tendering)

OPERATION & MAINTENANCE OF EXISTING CARGO BERTH 09 AND

10 (PANEL NO. 69 UPTO END OF BERTH No.10) FOR CARRYING OUT

CARGO HANDLING OPERATIONS BY DEPLOYING HARBOUR

MOBILE CRANES (MINIMUM HMCs 1+1 Nos.) AND OTHER

ASSOCIATED EQUIPMENT INCLUDING MANAGEMENT AND

E-Tenders are invited on-line under TWO BID SYSTEMS (Technical and Financial Bid) by the

Executive Engineer (H), Deendayal Port Authority (DPA) from the firms which have relevant

experience and meeting the eligibility criteria.

Details of the Tender Fee & Estimated Cost are as follows:

Estimated cost Last Date and Time of online

Tender Fee (In Rs.)

Submission of bid documents

Detailed Tender Notice along with complete tender documents can be downloaded from the

official web-site of Deendayal Port Authority www.deendayalport.gov.in OR

https://tender.nprocure.com.

Technical Bid will be opened on 27.02.2026 @ 16:00 Hours. Date of opening of Price bid shall

be notified after scrutiny & evaluation of Technical Bids. For further details and general

enquiries, the prospective bidders may contact the Executive Engineer (H), Deendayal Port

Authority, Nirman AO Building, Kandla – 370 201, District Kutch, State – Gujarat INDIA.

Telephone: (+91) 8758659669 E-mail: [email protected], during working hours, before

the last date and time of submission of tender document. Any modification / corrigendum, if any,

will be placed on above mentioned websites only and shall not be released in Newspapers or

any other form.

Executive Engineer (H)

DEENDAYAL PORT AUTHORITY

DEENDAYAL PORT AUTHORITY

CIVIL ENGINEERING DEPARTMENT

NOTICE INVITING TENDER (NIT)

Department Name Civil Engineering Department

Circle/ Division Harbour Division, Nirman Bhavan, New Kandla (Kutch) -

Tender Notice No. HD - 02/26

Name of Work OPERATION & MAINTENANCE OF EXISTING CARGO

BERTH 09 AND 10 (PANEL NO. 69 UPTO END OF BERTH

NO.10) FOR CARRYING OUT CARGO HANDLING

OPERATIONS BY DEPLOYING HARBOUR MOBILE

CRANES (Minimum HMCs 1+1 Nos.) AND OTHER

ASSOCIATED EQUIPMENT INCLUDING MANAGEMENT

Estimated Contract Rs. 50,86,10,232/- (Excluding GST)

Period of Completion Five (05) years and extendable by One (01) more year upon

mutual consent at discretion of Deendayal Port Authority

Bidding Type Open

Bid Call (Nos.) One

Tender Currency Single

Tender Currency Indian Rupee (INR)

Qualifying Criteria Average annual financial turnover during the last three

years ending 31st March of the previous financial years,

should be at least Rs. 15,25,83,070/- (The financial turnover

document must be certified by a Chartered Accountant (CA)

with the CA's stamp, signature, and UDIN/membership

number. Additionally, all necessary documents for the

verification of turnover must be provided. Failure to comply

with these requirements bid will be treated as non-

The Bidder must have handled an average of 2.54 Million

Metric Tonne of Dry Bulk Cargo and/or Break Bulk Cargo in

any Port or in any other organization consecutively for three

years during the last five years ending on 31st March,

The bidder should furnish the documentary evidence in

support of handling 2.54 Million Metric Tonne of Dry Bulk

Cargo and/or Break Bulk per annum in any Port or in any

DEENDAYAL PORT AUTHORITY

CIVIL ENGINEERING DEPARTMENT

other organization consecutively for three years during the

last five years ending on 31st March,

Similar Works / Contracts shall mean (a) Operation and

Maintenance of Dry Bulk cargo and/or Break bulk cargo

Terminals/Terminals in Port Sector and/or (b) Stevedore &

cargo handling activities.

i.e. End to End Logistics providers in Port Sector (right from

vessel nomination to the discharge of cargo through

The Bidder should be aware of the Port Operations and

Facilities and capable of handling Rail / Road Loading

Operations for participating in the Bid.

Integrity Pact Agreement ( Appendix-VI).

The potential bidders shall download and print the IP

Agreement signed by the Employer and their witness and

affix his/her signature on the IP Agreement in the presence

of a witness from his/her side, who shall also affix his/her

signature thereof. Having completed the signing procedure,

the potential Bidder shall upload the duly filled and signed

IP Agreement on n-procure portal.

The procedure mentioned above regarding signing of

Integrity Pact Agreement by both the parties (Employer and

Potential bidders) shall be completed online. However, in

case of any technical glitch due to which if any potential

bidder is unable to upload the IP Agreement, then he/ she

shall submit the Hard Copy of the dully filled, signed IP

Agreement, to the Department concerned of DPA within a

period of seven days and prior to opening of the Technical

Bid, failing which Bid of potential Bidder shall be treated as

Joint In case of association in the form of Consortium or Joint

Venture/Consortium Venture agreement, the members of the association shall

use the prescribed format for JV / Consortium agreement

(Appendix-VIII) and nominate one of the members as “lead

partner” for participating in the tender and signing all the

documents related therewith up to signing of agreement and

execution of all the contractual obligations there after (in

case of Grant of Contract).

Companies/Contractors may jointly undertake

contract/contracts. The number of partners in

JV/Consortium shall be limited to maximum of three. Each

entity would be jointly and severely responsible for

completing the task as per the contract, however declaration

DEENDAYAL PORT AUTHORITY

CIVIL ENGINEERING DEPARTMENT

of the Lead member (JV has to designate one partner as

Lead Member in their MOU) to be indicated by bidders. The

firms with at least 26% equity holding each are allowed to

jointly meet the eligibility criteria.

A legally binding Joint venture / Consortium Agreement

signed by authorized signatories of all the partners of the

JV/Consortium, as per the Performa at Appendix - VII shall

be enclosed with the bid.

Joint ventures must comply with the following requirements:

The joint venture must satisfy collectively the eligibility

criteria as described in this section. For this purpose, the

following information of each member of the joint venture

may be added together to meet the collective eligibility

1. Average Annual Turnover.

2. Particular Bulk Material Handling Experience.

3. Capacity of key Personnel.

4. Ability to own / lease relevant equipment.

5. Financial capacity

Each JV partner including the lead partner shall meet not

less than 26% of the following criteria:

1. Average Annual Turnover.

2. Particular Bulk Material Handling Experience.

3. Financial capacity

The definition of the Financial capacity shall mean the Net

worth at the close of the Preceding Financial years and

positive Net case accruals for the last 5 financial years

preceding the bid due date.

All the partners together shall satisfy 100% of the criteria.

Bid Document Fee Rs.5,900/- (including GST)

Only through Digital mode of Payment.

IFSC Code : PUNB0217700

Punjab National Bank, Kandla Branch

Bid Document Fee Only through Digital mode of Payment.

Payable To Account No. :

IFSC Code: PUNB0217700

Punjab National Bank, Kandla Branch

Bid Security/ EMD Rs. 1,01,72,205/-

(INR) through Digital mode of Payment/ Bank Guarantee in favor

of “Board of Deendayal Port Authority, issued by any

DEENDAYAL PORT AUTHORITY

CIVIL ENGINEERING DEPARTMENT

Nationalized/Schedule (Except Co-operative) Bank only

having its branch at Gandhidham as per enclosed format

valid for 45 days beyond bid validity). EMD shall also be

accepted in form of Insurance Surety Bond as per

format and terms and condition in Form 23 A valid for

60 days beyond bid validity.

“In case of Micro and Small Enterprises (MSEs) holding

valid certificate issued by any agencies/ organization under

The Ministry of Micro, Small and Medium Enterprises

indicating the list of activity related to the subject tender as

per National Industrial Classification-2008 mentioned in the

tender only shall become eligible for exemption from

payment of Tender Fee/EMD. Such bidder shall upload the

scanned copy of valid certificate in Technical bid stage as

well as duly filled in and signed ‘Bid Securing Declaration’

as per format provided in the tender document (Appendix-

IX), failing which the bid shall be considered non-

SECTION H Transport & Storage

Division 52 Warehousing and support activities for

52242 Cargo handling incidental to water

Date & time of Pre-Bid 16.02.2026 at 16.00 hrs. either:

meeting (i) in Board room at A.O. building, Deendayal Port Authority,

Gandhidham – 370 201, Kutch Gujarat.

(ii) through Video Conference, at same date & time.

Bid Document 13/01/2026

Downloading Start

Bid Document Date: 27/02/2026, Time: 15:00 Hrs.

Downloading End

Last Date & Time for Date: 27/02/2026 Time: 15:00 Hrs. @ office of the Executive

Online submission of Engineer (H), New Kandlass

Bid Validity Period 120 Days

DEENDAYAL PORT AUTHORITY

CIVIL ENGINEERING DEPARTMENT

Condition Integrity Pact, Tender fee & EMD which includes Technical

bid shall be submitted in electronic format through on line

(by scanning) while uploading the bid. This submission shall

mean that Integrity Pact, EMD & Tender Fee are received.

However, for the purpose of realization, bidder shall send

the same in original along with hard copy of tender (sealed

& signed of authorized person), and other PQ documents

through R.P.A.D./speed post or in person so as to reach

to Executive Engineer, Harbour Division, Nirman Building,

New Kandla within 7 days from the date of opening.

However, the Bidder shall submit the Financial Bid through

online mode only.

The bidders registered with Micro and Small Enterprise

(MSME) in appropriate category mentioned under related

activity above are exempted for submission of EMD and

Tender Fee. Scanned copy registration may be uploaded

along with ‘Bid Securing Declaration Form’.

Remarks Submission of E.M.D. Tender Fee and other Documents

during office hours upto 06/03/2026 by R.P.A.D /Speed post

or in person in the chamber of Executive Engineer, Harbour

Division, Nirman Building, First floor, New Kandla-370210,

Kutch District, Gujarat State, INDIA, Mobile

Bid Opening Date Technical Bid will be opened on 27/02/2026 @ 16:00 Hrs.

Date of opening of price bid shall be notified after scrutiny &

evaluation of Technical Bid.

Officer- Inviting Bids Executive Engineer (H), Deendayal Port Authority.

Bid Opening Authority Executive Engineer (H)

Address Executive Engineer, Harbour Division, Nirman Building,

First floor, New Kandla-370210, Kutch District, Gujarat

Contact Details Mobile No.(+91)

DEENDAYAL PORT AUTHORITY

CIVIL ENGINEERING DEPARTMENT

In case bidders need any clarifications or if training is required to participate in online

tenders, they can contact (n) Procure Support team at following address: -

(n) Code Solutions – A division of GNFC Ltd.,

(n)Procure Cell, 4bl03, GNFC Info tower,

S.G. Road, Bodakdev,

Ahmedabad – 380054 (Gujarat).

Contact Details of (n) code Solutions:

E-mail: [email protected]

DEENDAYAL PORT AUTHORITY

CIVIL ENGINEERING DEPARTMENT

INFORMATION AND INSTRUCTIONS FOR CONTRACTORS FOR E-TENDERING

FORMING PART OF NIT AND TO BE POSTED ON WEBSITE

1. Information and instructions for Contractors will form part of NIT and to be uploaded

2. The intending bidder must have class-III digital signature to submit the bid.

3. The Bid Document as uploaded can be viewed and downloaded free of cost by anyone

including intending bidder. But the bid can only be submitted after uploading the

mandatory scanned documents.

4. Bidders may modify or withdraw their bids before last date and time of submission of

bid as notified.

5. While submitting the modified bid, contractor can revise the rate of one or more item(s)

any number of times (he need not re-enter rate of all the items) but before last time

and date of submission of bid as notified.

6. On opening date, the contractor can login and see the bid opening process. After

opening of bids he will receive the competitor bid sheets.

7. Contractor can upload documents in the form of JPG format and PDF format.

8. It is mandatory to upload scanned copies of all the documents including GST

Registration No., as stipulated in the bid document. If such document is not uploaded

his bid will become invalid and cost of bid document shall not be refunded.

9. If the contractor is found ineligible after opening of bids, his bid shall become invalid

and cost of bid document shall not be refunded.

10. If any discrepancy is noticed between the documents as uploaded at the time of

submission of bid and hard copies as submitted physically by the contractor the bid

shall become invalid and cost of bid document shall not be refunded.

11. Certificate of Financial Turn Over: At the time of submission of bid contractor may

upload Certificate from CA mentioning Financial Turnover of last 3 (three) years or for

the period as specified in the NIT of the bid document.

12. Contractor must ensure to quote rate of each item. If any cell is left blank and no rate

is quoted by the bidder, rate of such item shall be treated as "0" (ZERO).

13. The Draft information and instructions to Contractors may be modified suitably by NIT

approving authority as per requirement.

14. All the mandatory document required/prescribed for pre-qualification have to be

enclosed by the bidder failing which his offer shall be rejected and treated as non-

DEENDAYAL PORT AUTHORITY

CIVIL ENGINEERING DEPARTMENT

responsive. However, additional documents required if any for verification of the

original documents shall be submitted by the bidder if required by DPA.

List of Documents to be scanned and uploaded within the period of bid submission:

i. Payment towards EMD shall be submitted through Digital mode Online

payment/Insurance Surety Bond/ Bank Guarantee proof for which shall be uploaded

against EMD as per Board decision.

ii. Payment towards tender fee shall be submitted through digital mode/online transfer in

the account of Port and proof for transfer with transaction number shall be uploaded

towards cost of Tender Fees.

iii. Duly signed integrity pact by the bidder & one witness to be submitted in technical bid.

iv. If the Bidder JV firm IP agreement must be signed by all and all the parties of JV need

to stamp and sign. The Agreement failing which bid will be considered as non-

v. The bidder should upload Partnership deed in case of Partnership firm and JV

Agreement in case of JV Firm and Board Resolution and POA in case of Private Ltd

i. Certificates of Work Experience of successfully completed works issued by the client.

ii. Certificate of Financial Turnover from CA.

iii. Any other Document as specified in the press notice.

iv. Affidavit as per provisions of NIT.

v. Certificate of Registration for GST, PAN and acknowledgement of up to date filed

return if required.

Executive Engineer (H)

Deendayal Port Authority

DEENDAYAL PORT AUTHORITY

CIVIL ENGINEERING DEPARTMENT

Information to Bidders and Procedure for Bid Submission:

1. Information to bidders

Deendayal Port Authority is located on the West coast of India. The Port intends to provide

shore- based facilities to load / discharge dry bulk and break bulk cargoes. The Port would

like to encourage registered stevedores, bonafide importers / exporters or their

subsidiaries, service providers to install Harbour Mobile Cranes (HMCs) of 120 Ton

capacity as specified.

Contract Period: Five (05) years plus extendable to another 1 (one) year at the discretion

The prospective bidders are advised to visit the Port with prior intimation to Chief Engineer

/Traffic Manager, Deendayal Port Authority and inspect the berths where the HMCs would

be working after installation. The HMCs are likely to be deployed at Cargo Berth (CB) 09 &

2. Bid Submission:

Bids shall be submitted online on n-procure website (https://tender.nprocure.com) platform.

 All bidders are requested to enroll in the Portal (https://tender.nprocure.com), if

not already enrolled with their user ID in the new portal

(https://tender.nprocure.com). Those bidders who have already enrolled in the

new portal (https://tender.nprocure.com) can participate in all tenders using the

existing user id and password and their Digital Signature Certificate (DSC). New

users should use the online bidders enrolment button available in the Home page

for enrolling in the portal (https://tender.nprocure.com) considering enhanced

security, Digital Signature Certificate Class III is enforced for new enrolments.

 The participating bidders in the tender should register themselves on n-

procurement platform (https://tender.nprocure.com). Bidders can log-in to e-

procurement platform in secure mode only by signing with the Digital signature

certificates. The bidders, who are desirous of participating in e-procurement, shall

submit their bids as per the standard formats available at the site

(https://tender.nprocure.com).

 Tender fee shall be paid through online only and EMD in the form of Digital

Payment/Insurance Surety/Bank Guarantee while submitting the bid. The proof

of payment should be uploaded by the Bidder on the n-procure portal.

 If any of the certificates, documents etc., furnished by the tenderer are found to

be false / fabricated / bogus, the successful bidder will be suspended from

participating in tenders on e- procurement platform for a period of three years.

 The DPA will not hold any risk and responsibility for non-visibility of the scanned

DEENDAYAL PORT AUTHORITY

CIVIL ENGINEERING DEPARTMENT

and uploaded documents.

 The Documents uploaded alone online on e-procurement website

(https://tender.nprocure.com) only will be considered for Bid Evaluation.

However, DPA reserve the right to ask any shortfall information from the

participated bidders for ensuring better competition.

Even though the Tenderer meet the qualifying criteria, he/she/it is liable to be disqualified /

debarred / suspended / blacklisted, if the following is observed:

a) Furnished false / fabricated particulars in the forms, statements and / annexure

submitted in proof of the qualification requirements and/or

b) Not turned up for entering into agreement when called upon.

c) Record of poor performance such as abandoning the work, not properly completing

the contract, inordinate delays in completion, litigation history or financial failures etc.

d) The work was awarded to the Contractor based on false / fake certificates of

experience submitted by them.

3. One Tender per Tenderer:

Each Tenderer shall submit only one Tender for the work. A Tenderer who submits more

than one Tender (either individually or with consortium) will cause dis-qualification of all the

Tenders submitted by the Tenderer.

4. Last date / time for Submission of the Tenders:

Tenders must be submitted not later than the date and time specified in the NIT. In the

event of the specified date / time for the submission of bids declared as holiday, the bids

will be received / opened on the next working day.

5. Tender Opening and Evaluation:

The Authority shall open the bids received online through n-procure portal on the date &

time as specified in Part -I (Notice Inviting Tender) and in the presence of the Applicants

who choose to attend.

6. Clarification on the Technical Bid:

The tender opening authority may call upon any Tenderer / Bidder for clarification on the

statements, documentary proof relating to the technical bid. The request for clarification

and response thereto shall be in writing via mail and if necessary, submit the hard copies

of documents and it shall be only on the qualification information furnished by the Tenderer.

The clarification called for from the tenderer / Bidders shall be furnished within the

stipulated time.

7. Price Bid Opening:

a. The Price Bids of qualified Tenderer, whose Technical Bids are found satisfying the

DEENDAYAL PORT AUTHORITY

CIVIL ENGINEERING DEPARTMENT

eligibility criteria shall only be opened online in the presence of the qualified Tenderer

/ Bidders, whoever is interested or their authorized representative present on the date

and time fixed.

b. Tenders shall be scrutinized in accordance with the conditions stipulated in the

Tender document. In case of any discrepancy of non-adherence to the Conditions,

the decision taken by the Tender committee on tenders shall be final.

8. Evaluation and Comparison of Price Bids:

The Tender Committee will evaluate and compare the price bids of all the qualified

9. Information relating to the examination, clarification, evaluation and comparison of Tenders

and recommendations for the award of a contract shall not be disclosed to Tenderer or any

other persons not officially concerned with such process until the awarding of the work to the

successful Tenderer has been announced by the tender accepting authority. Any effort by

a Tenderer to influence the processing of Tenders or award decisions may result in the

rejection of his Tender.

10. If any amendment or addendum is issued before opening of the tenders (Technical Bid

and/or Financial Bid), the same will be posted on website of n-procure and website of DPA

11. Award of Contract:

a. Award Criteria:

On behalf of Deendayal Port Authority, the Board of Authority of Deendayal Port through

its Authorized Officer will award the contract to the bidder whose bid has been evaluated

to be techno-commercial responsive and the lowest evaluated Bid will be considered as

the successful Bid. DPA will communicate accordingly to the successful Bidder

b. DPA’s Right to Accept or Reject any or all the Bids:

i. Notwithstanding anything contained in this NIT/Tender the Authority reserves the

right to accept or reject any Bid and to annul the Bidding Process and reject all Bids,

at any time without any liability or any obligation for such acceptance, rejection or

annulment, and without assigning any reasons thereof. In the event that the

Authority rejects or annuls all the Bids, it may, in its discretion, invite all eligible

Bidders to submit fresh Bids here under.

ii. The Authority reserves the right to reject any Bid if:

a. at any time, a material misrepresentation is made or uncovered, or

b. the Bidder does not provide, within the time specified by the Authority, the

supplemental information sought by the Authority for evaluation of the Bid.

c. The details of Financial Bid in any manner is disclosed in the Technical BID.

d. If the Bidder/Bidder is a Consortium, then the entire Consortium may be

disqualified/ rejected. If such disqualification/ rejection occurs after the Bids have

DEENDAYAL PORT AUTHORITY

CIVIL ENGINEERING DEPARTMENT

been opened and the Lowest Bidder gets disqualified/ rejected, then the

Authority reserves the right to:

i. invite the remaining Bidders to match the Lowest Bidder/ submit their Bids in

accordance with the Tender; or

ii. take any such measure as may be deemed fit in the sole discretion of the

Authority, including annulment of the Bidding Process.

e. The Authority reserves the right to verify all statements, information and

documents submitted by the Bidder in response to the NIT. Any such verification

or lack of such verification by the Authority shall not relieve the Bidder of its

obligations or liabilities hereunder nor will it affect any rights of the Authority

c. Notification of Award:

Officer Inviting the Bid shall mention the amount of Security deposit (within the specified

time) required to be furnished in the Letter of Acceptance (LOA) to be issued to the

successful bidder.

d. Signing of Contract:

Within 21 days of issue of Letter of Acceptance (LOA), the successful bidder shall

a. Security Deposit cum Performance Guarantee.

b. Additional Guarantee

c. Bar Chart with timelines for commencement of work etc.

d. After the issuance of Work Order to the successful bidder, a formal Contract will be

signed between Successful Bidder and the Port Authority subject to compliance of

12. Memorandum of Settlement:

The Bidder/ Contractor shall not sign any memorandum of settlement with any agency such

as Trade Unions etc. in any form at any level without the prior approval of Deendayal Port

Authority in relation to any work under taken by him in the Port premises.

DPA shall not be liable / responsible for any connectivity / internet problem either with user

side / NSIC /Bank. It is in the own interest of the bidders; bidders may get it verified from

Bank that the requisite money has been received by DPA for the NIT in which they are

13. Eligible Bidders:

The invitation for bid is open to all bidders including an individual, proprietorship firm,

partnership firm, company or a Joint Venture/Consortium having eligibility to participate as

per eligibility criteria stipulated in Tender Notice.

Bidders who have been debarred / terminated by the employer because of non-

DEENDAYAL PORT AUTHORITY

CIVIL ENGINEERING DEPARTMENT

performance during the last 7 years shall not be allowed to participate in this tender.

The bidder (in case of JV must produce documentary evidence in support of handling

Million MT of cargo per annum in any Port / any other organization consecutively for three

years during the last five years ending on 31st March, 2025. In case of Consortium or Joint

Venture, cargo handling of all the JV partners per annum in any Port / any other organization

consecutively for three years during the last five years ending on 31st March, 2025, will be

considered collectively.

In case of association in the form of Consortium or Joint Venture agreement, the members

of the association shall use the prescribed format for JV / Consortium agreement and

nominate one of the members as “lead partner” for participating in the tender and signing

all the documents related therewith up to signing of agreement and execution of all the

contractual obligations there after (in case of Grant of Contract).

Companies/Contractors may jointly undertake contract/contracts. The number of partners

in JV/Consortium shall be limited to maximum of three. Each entity would be jointly and

severely responsible for completing the task as per the contract, however declaration of the

Lead member (JV has to designate one partner as Lead Member in their MOU) to be

indicated by bidders. The firms with at least 26% equity holding each are allowed to jointly

meet the eligibility criteria.

One of the partners, who is responsible for performing key function in the contract

management or is executing major component of the proposed contract, shall be nominated

as being in charge during the bidding period and in the event of a successful bid, during

contract execution. The partner in charge shall be authorized to incur liabilities and receive

instructions for and on behalf of any and all partners of the joint venture, this authorization

shall be evidenced by submitting registered power of attorney signed by legally authorized

signatories of all the partners.

All partners of the joint venture shall be liable, jointly and severally, during the bidding

process and for the execution of the contract in accordance with contract terms, and a

statement to this effect shall be included in the authorization as above. The bid shall be

signed so as to legally bind all partners, jointly and severally.

Joint ventures must comply with the following requirements:

The joint venture must satisfy collectively the eligibility criteria as described in this section.

For this purpose, the following information of each member of the joint venture may be

added together to meet the collective eligibility criteria:

i. Average Annual Turnover

ii. Particular Bulsk Material Handling Experience.

iii. Capacity of key Personnel

iv. Ability to own / lease relevant equipment

v. Financial capacity

Each JV partner including the lead partner shall meet not less than 26% of the following

DEENDAYAL PORT AUTHORITY

CIVIL ENGINEERING DEPARTMENT

i. Average Annual Turnover

ii. Particular Bulk Material Handling Experience

iii. Financial capacity

The definition of the Financial capacity shall mean the Net worth at the close of the

Preceding Financial years and positive Net case accruals for the last 5 financial years

preceding the bid due date.

All the partners together shall satisfy 100% of the criteria.

A copy of the joint venture agreement (JVA) specific to this project, if entered into by the

partners shall be submitted with the Bid. Alternatively, a letter of intent to execute a JVA in

the event of successful bid shall be signed by all partners and submitted with the bid. In any

case, it is mandatory that a JV agreement is entered into before award of the work.

Pursuant to the foregoing, the JVA shall include among other things, the joint venture’s

objectives, the proposed management structure, the contribution of each partner to joint

venture operation, the commitment of the partners to joint and several liability for due

performance, recourse / sanctions within the joint venture in the event of default or

withdrawal of any partner and arrangements for providing the required indemnities. (The

Format of the letter of Acceptance by each member in case of Joint Venture is attached at

a. A legally binding Joint venture / Consortium Agreement signed by authorized

signatories of all the partners of the JV/Consortium, as per the Performa shall be

enclosed with the bid.(Appendix-VII)

b. Power of attorney duly executed and signed by legally authorized signatories of all

the partners, authorizing the Lead Partner (a) to submit bid, negotiate and conclude

contract and incur all liabilities therewith on behalf of the partner(s) of the

JV/Consortium during the bidding process; and (b) in the event of a successful bid,

to incur liabilities and receive instructions for and on behalf of the partner(s) of the

JV /Consortium and to carry out the entire execution of the contract including

payment, exclusively through Lead Partner, as per the Performa, which shall be duly

authenticated by a notary public or equivalent certifying Authority, shall be enclosed

with the bid. (Appendix-VIII)

c. The bid and in the case of the successful bidder, the Agreement, shall be signed

and / or executed in such a manner for making it legally binding on all partners

(including operative parts of the ensuing Contract in respect of Agreement of

Arbitration, etc.). The Contract shall be signed by legally authorized signatories of

d. The Lead Partner shall be authorized to receive instructions for and on behalf of the

partners of the Joint venture and entire execution of the Contract including payment

shall be carried out exclusively through the Lead Partner. A Statement to this effect

should be included in the Joint Venture Agreement.

e. All partners of the Joint Venture shall be liable jointly and severally for the execution

of the Contract in accordance with the Contract terms, and a Statement to this effect

DEENDAYAL PORT AUTHORITY

CIVIL ENGINEERING DEPARTMENT

should be included in the Joint Venture Agreement.

f. Bid Security as required shall be furnished by Lead Member of Joint venture.

g. Performance Guarantee, as required, will be furnished by Lead Member of Joint

h. Participation by a firm in more than one JV /Consortium is not permissible. A firm

who submits bid on individual capacity is not eligible to be a partner of a JV

/Consortium. In case a firm's name appears in more than one bid then both

applications may be rejected.

i. Each partner must submit the complete documentation, or portions applicable

thereto, required qualifying the firm for bidding.

j. All the partners of the JV/Consortium shall be jointly and severally liable for due

performance, recourse/sanctions within the joint venture in the event of default of

any partner and arrangements for providing the required indemnities.

k. Notwithstanding demarcation or allotment of work among the partners, each partner

shall be liable for non-performance of the whole contract irrespective of their

demarcation or share of work.

l. The Lead Partner shall be authorized to act on behalf of the JV/Consortium.

m. All the correspondences between the Employer and the contractor shall be routed

through the Lead Partner.

n. In the event of default by the Lead Partner, it shall be construed as default of the

Contractor; and Employer will take action under relevant clause(s) of the Bid

Document and/or General Terms and Conditions of Contract.

o. An undertaking that all the partners are jointly and severally liable to the Employer

for the performance of the contract shall be enclosed with the bid.

p. In the event of any partner leaving the JV, it shall be intimated to the Employer within

30 days by other partner(s). Failure to do so shall be construed as default of the

contractor and the Employer may take action under relevant clause(s) of the Bid

Document and/or General Terms and Conditions of Contract.

q. The contractor shall not alter its composition or legal status without the prior written

permission of the Employer. Failure to do so shall be construed as default of the

contractor and the Employer may take action under relevant clause(s) of the Bid

Document and/or General Terms and Conditions of Contract.

r. One of the partners of JV/Consortium should have downloaded the bid documents.

14. Cost of Bidding:

The Bidder shall bear all the costs associated with the preparation and submission of its

Bid and Deendayal Port Authority will in no case be responsible or liable for those costs

regardless of the conduct or outcome of the bidding process.

15. Site Visit:

DEENDAYAL PORT AUTHORITY

CIVIL ENGINEERING DEPARTMENT

a. Bidders are advised to inspect and assess the site conditions and its surroundings

and satisfy themselves before submitting their bids. In general, they shall

themselves obtain all necessary information as to risks, contingencies and other

circumstances which may influence or affect their bid. A Bidder shall be deemed to

have full knowledge of the site whether he inspects it or not and no extra charges

consequent on any misunderstanding or otherwise shall be allowed.

b. Submission of a bid by a bidder implies that he has read the Tender document and

has made himself aware of the terms & conditions and scope and specifications of

the work to be done and local conditions and other factors having a bearing on the

execution of work.

16. Contents of bid Documents:

The bidder is required to download all the documents for preparation of his bid. The bidders

are strongly advised to examine all the instructions, forms, terms and specifications in the

Bidding documents. The Notice Inviting Tender and the Signed Tender documents

uploaded. Failure to furnish all the information required by the Bidding Documents or

submission of a Bid not techno-commercially responsive, in every respect, will be at the

Bidder’s risk and shall result in the rejection of its Bid.

17. Clarification on Bid Documents:

A prospective Bidder requiring any clarification on the Bidding Documents may request

Deendayal Port Authority during Pre-BID meeting. Reply to clarifications shall be sent by

DPA only if the clarifications requested for, are considered appropriate by DPA. The

clarifications given by DPA will be visible to all the bidders intending to participate in the

website. DPA in its sole discretion may reject the bid without providing any justification to

18. Amendment to Bid Documents:

At any time prior to the last date for submission of Bids, Deendayal Port Authority may, for

any reason, whether at its own initiative or in response to a clarification sought by any

prospective bidder, modify the bidding documents by issuing Corrigendum and / or

Any addendum thus issued shall be part of bidding documents and shall be notified in the

website of DPA and n-procure portal. Bidders intending to participate in the tender shall be

solely responsible to check the n-procure Portal and website of DPA for the amendment

issued in shape of Corrigendum and / or Addendum.

In order to afford prospective bidders, reasonable time to take the amendment into account

in preparing their bids, Deendayal Port Authority may at its discretion, extend the last date

for the submission of bids.

19. Preparation of Bids:

DEENDAYAL PORT AUTHORITY

CIVIL ENGINEERING DEPARTMENT

a. Language of Bid:

The Bid prepared by the Bidder and all correspondences and documents relating to the Bid

exchanged by the Bidder and Deendayal Port Authority shall be written in English

language, provided that any printed literature furnished by the Bidder may be written in

another language so long as it is accompanied by an English translation of its pertinent

passages in which case for purpose of interpretation of the Bid, the English translation shall

be considered. The English translation shall have to be certified to be the true copy by the

bidder or the person who has translated the same.

The amount quoted, i.e., % royalty per ton for carrying out the subject work in the BOQ shall

be taken for evaluation purpose to arrive at the Lowest (L1) bidder. The bidder shall note

that the percentage royalty on HMCs Tariff is only payable by DPA.

c. Bid Validity:

The Bids shall be valid for a period of 120 days from the last date of opening of Technical

Bids. A Bid valid for a shorter period shall be rejected as non-responsive. The validity of the

bids may be extended by Mutual consent of the respective bidders and the Authority.

d. Bid Currencies.

The amounts specified in the Tender are in Indian Rupee (INR) only.

20. Earnest Money Deposit (EMD):

The bidders shall furnish the prescribed EMD in accordance with the terms and conditions

of the tender. The EMD shall be returned to all the unsuccessful bidders. The EMD shall be

forfeited under the following circumstances:

a. If the Bidder withdraws its Bid (either Technical Bid and/or Financial Bid) during the

period of bid validity, after bid opening (or)

b. If the Bidder revises its price offer after opening of the price bid (or)

c. If the Bidder submits fraudulent documents and / or wrong information in support of

its eligibility/qualification (or)

d. If the Bidder, having been notified of the acceptance of its bid by Deendayal Port

Authority during the period of Bid validity,

i. Fails to sign the Agreement (or)

ii. Fails to submit the required initial security deposit and/or does not agree to

carry out the work as per the tender conditions.

e. In case if any amendment/circular issued by MoPSW and/or Any Government

Authorities regarding EMD at the time of Hoisting the Tender document, the same

will be applicable.

21. Security Deposit (SD):

The Successful Bidder shall have to furnish a Security Deposit (i.e.10% of Estimated cost

DEENDAYAL PORT AUTHORITY

CIVIL ENGINEERING DEPARTMENT

put to tender) in the form of a Bank Guarantee (BG) of a Nationalised/scheduled Bank

(except for co-operative banks) having its branch at Gandhdham in the prescribed format

or Insurance Surety Bond as per form 8A or Digital Mode or FDR within 21 days from the

date of issue of Letter of Award (LOA). It shall be returned to the Bidder within 60 days of

successful completion of Contract period. The BG must be extended from time to time and

shall be valid till 60 days after the expiry of the Contract period. Deendayal Port Authority

reserves the right to encash the Bank Guarantee in case of any default of the Contractor.

On furnishing the Security Deposit, the EMD shall be returned.

22. Documents Comprising the Bid:

All the volumes / documents of Tender shall be provided in the n-Procure portal by the

“Officer Inviting the Bid”. The bidder shall carefully go through the document and

prepare the list of required documents those are asked for submission including cost of Bid

document & Bid Security (EMD). The bid shall be technical bid and financial bid. The bid

shall be prepared and stored in the system for uploading the same through n-Procure Portal

online and digitally signed by the authorized representative of the bidder as follows:

23. Technical Bid shall comprise:

i. Cost of Bid Document (Tender Fee)

ii. Bid Security (EMD)

iii. Goods & Service Tax (GST) Registration Certificate

iv. Permanent Account Number [PAN] & Income Tax Return of preceding three

v. Eligibility information as per ANNEXURE-01 filled in all respects.

vi. The supporting documents of details of works/projects executed to meet similar

works experience as per the eligibility criteria indicated in the Tender.

vii. Information regarding Annual Average Turnover as per Annexure – 01A

viii. The supporting documents related with financial capabilities duly notarized shall be

Affidavit / Certificate from Charted Accountant mentioning turnover of last 3 (three)

years ending on 31st March

ix. Technical proposal comprising of the scope of work, detailed specifications, the

offered equipment / system [wherever applicable] conforming to the technical

requirements in consonance with the tender document and the commercial terms.

Techno-Commercial information as per ANNEXURE-IV filled in all respects.

24. Price proposal by the Bidder:

i. In the n-procure portal, the Bill of Quantity shall be made available to the bidder.

ii. The amount quoted, i.e., % royalty per ton by the bidder for carrying out the subject

work in the BOQ shall be taken for evaluation purpose to arrive at the Lowest (L1)

bidder. The bidder shall note that the percentage royalty on HMCs Tariff is only

DEENDAYAL PORT AUTHORITY

CIVIL ENGINEERING DEPARTMENT

payable by DPA.

iii. The Bidder shall be deemed to have satisfied himself/herself as to the correctness

and sufficiency of the Tender and the percentage quoted in the Bill of Quantities, all

of which shall cover all his/her obligations under the Contract and all matters &

things necessary for the proper execution and completion of the work and the

remedying of any defects therein.

Bidders shall submit offers that fully comply with the requirements of the Tender

documents. Conditional offer or alternative offers will not be considered in the process of

bid evaluation.

The bidders are required to upload the documents in PDF format related to their fee / pre-

qualification or eligibility information/ Techno-commercial proposal and Bill of Quantities

duly filled in. The bidders should upload only the documents those are asked in the

preceding clauses.

25. Format and Signing of Bid:

The Price Bid to be submitted on-line shall be signed digitally by a person or persons duly

authorized to sign on behalf of the Bidder. All pages of the bid where entries or amendments

have been made shall be initialed by the person or persons signing the bid.

The Bid shall contain no alterations or additions, except those to comply with instructions

issued by the Employer, or as necessary to correct errors made by the bidder in which case

such corrections shall be initialed by the person or persons signing the bid.

The bidder shall ensure correctness of the bid prior to uploading and take print out of the

system generated summary of submission to confirm successful submission/ uploading of

bid. The bidder should also ensure clarity/legibility of the document up loaded by him/her

in the portal especially the scanned documents by taking out sample printing. Non-

submission of legible documents may render the bid non- responsive. However, the Officer

inviting the Bid, if so desires, can ask for legible copies or original copies of scanned

documents and statements uploaded in the portal within specified period for verification

provided such document in no way alters the Bidder’s price bid. If the Bidder fails to submit

the original documents within the stipulated date, his Bid Security (EMD) shall be forfeited.

26. Payment of Bid Security (EMD) and Cost of Tender Document:

Earnest money Deposit (EMD) should be 2 % of the estimated cost of work.

“In case of Micro and Small Enterprises (MSEs) holding valid certificate issued by any

agencies/ organization under The Ministry of Micro, Small and Medium Enterprises

indicating the list of activity related to the subject tender as per National Industrial

Classification-2008 mentioned in the table below only shall become eligible for exemption

from payment of Tender Fee/EMD. Such bidder shall upload the scanned copy of valid

certificate in Technical bid stage” as well as duly filled in and signed ‘Bid Securing

Declaration’ as per format provided in the tender document (Appendix -IX), failing which

the bid shall be considered non-responsive

DEENDAYAL PORT AUTHORITY

CIVIL ENGINEERING DEPARTMENT

NIC codes regarding related activity are mentioned below:

SECTION H Transport & Storage

Division 52 Warehousing and support activities for

Group & Class 522 &

52242 Cargo handling incidental to water transport

A. The EMD upto Rs. 5 lakhs be payable either by online transfer. EMD beyond Rs.5

lakhs is also payable either by online transfer or in the form of Insurance Surety

Bond Bank Guarantee for the entire amount from any Nationalized Bank /

Scheduled Bank except Co-operative Bank having its branch at Gandhidham. Bank

Guarantees submitted as Earnest Money shall be valid for 28 days beyond the

validity of the bid. Bank Guarantee shall be verified independently by the Port with

the bank before finalization of technical offer. In the event of lack of confirmation of

issue of the Bank Guarantee by the Bank, the bid shall stands disqualified.

EMD of amount: Rs. 1,01,72,205/-

Bank Guarantee in favor of “Board of Deendayal Port Authority”, issued by any

Nationalized/Schedule (Except Co-operative) Bank only having Its branch at Gandhidham

as per enclosed format valid for 28 days beyond bid validity ).

B. The bidders registered with Micro and Small Enterprise (MSME) in appropriate

category mentioned under 16(A) above are exempted for submission of EMD and

Tender Fee. Scanned copy registration may be uploaded.

C. EMD of unsuccessful bidders other than L1 and L2 is refunded immediately after

ranking of price bids. Earnest money of L2 is refunded immediately after entering in

to agreement with L1 and acceptance of performance Guarantee from L1.

D. EMD shall be refunded suo-motto without any application from the bidders.

E. The bid security of the successful bidder will be discharged after he has signed the

Agreement and furnished the required Performance security.

F. The Bid security may be forfeited, if

a. The bidder withdraws the bid after bid opening during the period of bid validity.

b. The bidder does not accept the correction of the Bid price, pursuant to Clause

c. The successful bidder fails within the specified time limit to

i. Sign the Agreement or

ii. Furnish the required Performances security.

iii. EMD If L-1 bidder failed to justify the abnormal % of royalty quoted by them

DEENDAYAL PORT AUTHORITY

CIVIL ENGINEERING DEPARTMENT

offer of the L-1 bidder shall be rejected, EMD shall be forfeited and they will

be liable for debarring future tender from the DPA bidding for a period of

Strict confidentiality is observed during the bid processing. The system shall require all the

mandatory forms and fields to be filled up by the bidder during the process of submission

of the bid/tender.

The bidder must ensure that all the information required in the tender document is furnished

appropriately, failing which the bid shall be rejected.

28. Last date for submission of the Bids:

The online bidding will remain active till the last date and time of the bid submission. Once

the date and time (Server date and time) is over, the bidder will not be able to submit the

bid. The date & time of bid submission shall remain unaltered even if the specified date for

the submission of bids is declared a holiday for the Officer inviting the Bid.

The officer inviting the Bid may extend the last date for submission of bids by issuing an

Amendment. The new date after extension shall be available in the website of n-procure

and website of DPA.

The system shall reject submission of any bid through n-procure. For all purposes, the

server time displayed in the n-procure portal shall be the time to be followed by the bidder

and concerned officers.

30. Modification and Withdrawal of Bids:

In the n-Procure portal, it is allowed to modify the bid any number of times before the final

date and time of submission. The bidder shall have to log on to the system and resubmit

the documents as asked for by the system including the price bid. In doing so, the bids

already submitted by the bidder will be removed automatically from the system and the

latest bid only will be admitted. But the bidder should avoid modification of bid at the last

moment to avoid system failure or malfunction of internet or traffic jam or power failure etc.

If the bidder fails to submit his/her modified bids within the designated time of receipt, the

bid already in the system shall be taken for evaluation.

31. Opening and Evaluation:

Bid opening dates are specified during hoisting of Tender and can be extended vide

corrigendum. These dates are available in Tender document as well as home page of

portal. The bids shall be opened on the specified date and time only. The bidders who

participated in the online bidding can witness opening of the bid from any system logging

on to the portal. In the event of the specified date of bid opening being declared a holiday

for Deendayal Port Authority, the bids shall be opened at the appointed time on the next

DEENDAYAL PORT AUTHORITY

CIVIL ENGINEERING DEPARTMENT

The bids with appropriate tender document cost and EMD will be taken up for evaluation

as per the information furnished by the Bidders with respect to the eligibility/pre-

qualification, Information and Techno-commercial & other information in accordance with

the Tender conditions. But evaluation of the bid does not exonerate the bidders from

checking their original documents. Deendayal Port Authority reserves the right to verify the

authenticity of the documents / information submitted by the bidder.

At the time of opening of “Financial Bid”, the bids of those bidders who are found technically

qualified shall only be opened. The remaining bids will be rejected. The system shall auto

generate the Comparative statement.

The bidder will get the information regarding the status of their financial bid and ranking of

their bids on Website.

32. Clarification on Bids:

To assist in the examination, evaluation and comparison of the technical bids, Deendayal

Port Authority may, at its discretion, ask the Bidder for a clarification on its Bid documents.

The request for clarification and the response shall be in writing and no change in

percentage or substance of the Bid shall be sought, offered or permitted. If required, the

Deendayal Port Authority reserves the right to ask the bidders to submit supplementary

documents to support the documents already submitted by the bidder.

33. Evaluation and Comparison of Bids:

Conditional bids may be rejected by Deendayal Port Authority. The technical evaluation

shall be made strictly on the basis of the documents submitted by the bidders in support of

the eligibility, the technical and commercial response. The amount quoted, i.e., % royalty

per ton for carrying out the subject work in the BOQ shall be taken for evaluation purpose

to arrive at the Lowest (L1) bidder. The bidder shall note that the percentage royalty on

HMCs Tariff is only payable by DPA. Conditions, if any, on any document enclosed with

Price Bid shall not be considered for any purpose.

34. Contacting Deendayal Port Authority:

Bidder shall not contact Deendayal Port Authority on any matter relating to its Bid from the

time of the Bid Opening to the time the contract is awarded. Any effort by any Bidder to

influence Deendayal Port Authority in the Bid Evaluation, Bid Comparison or Contract

Award decision shall result in disqualification of the bidder and forfeiture of the EMD.

35. Award of Contract:

DPA will award the contract to the bidder whose bid is techno-commercially responsive and

the amount quoted, i.e., % royalty per ton for carrying out the subject work in the BOQ shall

be taken for evaluation purpose to arrive at the Lowest (L1) bidder. The bidder shall note

that the percentage royalty on HMCs Tariff is only payable by DPA.

36. DPA’s Right to Accept or Reject any or all the Bids:

Deendayal Port Authority reserves the right to accept or reject any bid and to annul the

DEENDAYAL PORT AUTHORITY

CIVIL ENGINEERING DEPARTMENT

bidding process at any time prior to award of Bidder without thereby incurring any liability

to the affected Bidder or Bidders on the grounds of Deendayal Port Authority’s action.

37. Undertaking by the Bidders:

The bidders shall give an undertaking that they have not made any payment or illegal

gratification to any person / Authority connected with the bid process so as to influence the

bid process and have not committed any offence under the Prevention of Corruption Act

(PC Act) in connection with the bid.

38. Disclosure by the Bidder:

The bidder shall disclose any payment made or proposed to be made to any intermediaries

(agents etc.) in connection with the bid. Further, the bidders shall give an undertaking in

respect of the following:

a. The bidder is not Black listed / Suspended in any PSU/Government/PPP Projects.

b. The documents submitted by the bidders for getting qualified in the bid are genuine.

If any fake/ forged documents are submitted, DPA has the right to ban their

business dealings

39. Integrity Pact:

The potential bidders shall download and print the IP Agreement signed by the Employer

(Appendix-VI) and their witness and affix his/her signature on the IP Agreement in the

presence of a witness from his/her side, who shall also affix his/her signature thereof.

Having completed the signing procedure, the potential Bidder shall upload the duly filled

and signed IP Agreement on n-procure portal along-with the EMD and tender free in

Technical bid as per the format provided in tender document.

The procedure mentioned above regarding signing of Integrity Pact Agreement by both the

parties (Employer and Potential bidders) shall be completed online. However, in case of

any technical glitch due to which if any potential bidder is unable to upload the IP

Agreement, then he/ she shall submit the hard copy duly filled, signed IP Agreement to the

XEN (H), Nirman Building, New Kandla within a period of 07 (Seven) days and prior to

opening of technical bid, failing which bid of potential bidder shall be treated as disqualified.

If the Bidder JV firm IP agreement must be signed by all and all the parties of JV need to

stamp and sign the Agreement., failing which bid will be considered as non-responsive.

Bidders are required to sign the integrity pact (as per given below with the tender

document), failing which their bid shall be liable for rejection. The “Principal” means

“Deendayal Port Authority” and “Counter Party” means “Bidder”. If a Counter party commits

a violation of its Commitments and Obligations under the Integrity Pact Program during

bidding process, their entire Earnest Money Deposit, would be forfeited and in addition,

they may be blacklisted from the DPA business in future.

In case of violation of the Integrity Pact by Counter party after award of the Contract, DPA

shall be entitled to terminate the contract. DPA would forfeit the Security Deposits; encase

the Bank Guarantee(s) and other payments to counter party in such cases.

DEENDAYAL PORT AUTHORITY

CIVIL ENGINEERING DEPARTMENT

GENERAL DESCRIPTION AND SCOPE OF WORK

1. Terminal Background

The existing berths CB-09 and CB-10 (from Panel 69 in Berth 09 upto end of Berth 10), with

a combined length of 365 meters, are proposed to be utilized for Operational and

Maintenance (O&M) activities related to the “Operation & Maintenance of existing Cargo

Berths 09 and 10 (from Panel No. 69 to end of Berth No.10) for carrying out cargo handling

operations by deploying Harbour Mobile Cranes (Minimum HMCs 1+1 Nos.) and other

associated equipment including management and marketing” to Private Agency/Contractor

for a period of Five years, plus extendable to another 1 (one) year at the discretion of the

Port Authority.

The existing berth structure is a continuous quay extending from Berth-01 to Berth-10. The

berth is constructed as a reinforced cement concrete (RCC) framed structure, comprising

an RCC deck system supported by longitudinal and transverse beams. The structural

components are integrally connected to ensure overall stability and load distribution under

operational conditions.

The proposed berth segment, with a length of 365 meters, with an allowable draft is

meters below CD. The berth is accessible via the navigational channel through Kandla

Creek, providing safe approach from outside the port limits.

2. Brief details of the Scope of Work:

Deendayal Port Authority invites the following scope of work.

a. Operation & Maintenance of existing Cargo Berths 09 and 10 (from Panel No. 69 to

end of Berth No.10) for carrying out cargo handling operations by deploying Harbour

Mobile Cranes (Minimum HMCs 1+1 Nos.) and other associated equipment

including management and marketing. The entire Project facilities and services

include the CB 09 & 10 berth (365 m length).

b. During this operational period, common user facilities like backup areas, storage

areas, covered godowns/sheds, other utilities etc. will be provided by DPA upon

receipt of an advance request intimation from the Contractor subject to availability,

on chargeable basis as per prevailing SOR of DPA.

c. Common user road and rail connectivity required for cargo movement will be made

available by the Port Authority. While using these common facilities, the Contractor

shall ensure that their operations do not cause any obstruction, delay, or

inconvenience to other port users or operators or contractors. The Contractor must

coordinate and conduct activities in a manner that allows uninterrupted and safe

usage of shared infrastructure by all stakeholders within the port area and cooperate

with other port users.

d. The Contractor is responsible for Planning and Marketing of Cargo,

loading/unloading through the Mechanical system, storage of Cargo and evacuation

DEENDAYAL PORT AUTHORITY

CIVIL ENGINEERING DEPARTMENT

of the Cargo through the Port.

e. The Contractor is responsible for regular maintenance of

Civil/Mechanical/Electronic infrastructure at the dedicated Cargo Berth 9 &

along with all the associated facilities/infrastructure provided by the Port Authority

and used by the Contractor for the performance of subject work.

f. DPA will provide such common user facilities anywhere inside the Custom bond

areas on chargeable basis (i.e at prevailing SOR Rates).

g. The scope includes Operations & Maintenance of the HMCs and associated

machinery for carrying out cargo handling operations including replacement of

spares and consumables from time to time to ensure that the Terminal is operated

round the clock uninterruptedly and in a trouble free manner.

h. To ensure no breakdowns of HMCs and maintain the health of the HMCs in good

working condition so as to carryout trouble free operations.

i. Evacuation of Cargo through Road/ Rail is permitted.

j. The Standard Operating Procedure (SOP) for operating the Terminal:

1. The Annual Throughput for the Terminal is taken as 5.08 Million MT. This is for

estimation purpose only.

2. The Minimum Guaranteed Throughput (MGT) is 4.5 Million MT per annum on

the Contractor. The Contractor has to handle a minimum of 4.5 MMTPA, failing

which, the contractor shall make payment to DPA within 30 days for the deficit

volumes of cargo, i.e., ----% royalty per ton for carrying out the subject work in

the BOQ by the successful contractor x deficit volume (--- MMTPA less Actual

volumes handled) = Rs.--- . The MGT shall be calculated annually, post

completion of one Year from the date of Award of contract for the 1st year of

operations and so on for the subsequent years.

Besides the above the Contractor shall also make payment to DPA within

days for the deficit volumes of cargo, the corresponding Wharfage Charges (As

per prevailing SOR of DPA for the major commodity handled in the Terminal in

that corresponding year) and Stevedoring Royalty charges as notified by DPA

3. As per the procedure in vogue, the Agent of the vessel declares the vessel and

cargo details to the Port in advance.

4. If berthing is sought at the current facility, the same shall be considered by the

Port, on payment of the following charges in advance and submission of

necessary documents as per practice in vogue.

5. Handling Charges of HMCs as applicable on per Tonne basis.

6. Vessel Related Charges including Berth hire Charges are collected as per

prevailing Scale of Rates (SOR) of DPA.

7. Cargo Related Charges including Wharfage, Pollution Charges and Stevedore

DEENDAYAL PORT AUTHORITY

CIVIL ENGINEERING DEPARTMENT

Royalty as applicable per Tonne basis.

8. Any other charges applicable as per the existing procedure and norms of DPA.

9. Irrespective of whether the cargo is evacuated by rail or road, handling charges

as applicable per Tonne shall be payable by the concerned to the Port.

10. Cargo Handling Charges will be notified for the above facility. The same shall

be part of DPA-SOR and necessary annual escalations shall be applicable for

11. Cargo Handling Charges will be payable either by the

Exporter/Importer/CHA/Vessel Agent/ Contractor, etc. in advance to the Port.

12. After berthing of the vessel, the contractor shall co-ordinate with all concerned

agencies for ensuring that the cargo handling operations commence at the

13. Since the facility is provided with HMCs, the GBO norms are to be furnished for

different cargoes and for different category of Vessels, when operated with

HMCs and when operated with Ship Cranes.

14. Based on the above norms fixed by Traffic Department the permissible stayal of

the vessel shall be arrived at and if the stayal of the vessel is beyond the

permissible stayal, necessary penal berth hire charges as per the DPA-SOR

shall be levied.

15. Upon completion of the cargo handling operations, the contractor shall ensure

immediate display of Sailing / Shifting Flag in co-ordination with the vessel agent

for sailing / shifting of the vessel from the berth.

16. The contractor shall ensure safety and security of the berth as well as the cargo

handling equipment during the vessel and cargo handling operations and any

damage to the berth due to the negligence of the contractor, necessary charges

shall be levied.

17. The Contractor shall co-ordinate with the Exporter/Importer / Handling agents

for registering sufficient number of wagon demands commensurate to the stocks

available and shall co-ordinate with the Indian Railways for ensuring sufficient

number of railway rakes are made available for evacuating the cargo.

18. Wagon haulage shall be the Open Terminal Haulage charge as notified by the

Indian Railways from Time to Time, since the above facility is Port Operated

19. Wagon haulage (Open Terminal charges), Terminal Charges, AIEHC charges

as notified by the Indian Railways from time to time shall be payable by the

Exporter/Importer / CHA / Contractor, etc.

20. Wagon demurrage charges and Wagon damage & deficiency charges are

payable by the Contractor as per the rates notified by the Indian Railways and

DPA from time to time.

DEENDAYAL PORT AUTHORITY

CIVIL ENGINEERING DEPARTMENT

21. Wagon Weighment Charges are also to be payable by the Contractor /

Exporter/Importer / CHA, as per the Rates notified in the DPA SoR, in respect of

the Railway Wagons weighed at the Port Owned In Motion Weigh Bridges

22. Storage charges shall be levied on the Contractor / Exporter/Importer /

CHA/Agents as per the prevailing SOR of DPA

23. All cargoes for which Customs Out Of Charge (OOC) is not received shall be

kept in the above transit area and the traffic staff posted at the facility shall

ensure collection of necessary transit dues as per DPA-SOR and the cargo shall

be delivered only on receipt of Customs Out Of Charge.

24. The area with in the terminal other than that demarked for transit storage shall

be allotted for the vessels handled at the above facility under license basis by

the Traffic Department, as is being done at the other DPA operated berths.

25. In respect of any other issues there may arise during operations, the decision of

DPA is final and binding on the Contractor and/or its Representatives/Agents.

26. Tariff applicable i.e. the DPA’s Scale of Rates in force.

27. Charges for use of 120 MT capacity Harbour Mobile Crane to be installed by the

Contractor as a part of Project.

a. For Dry Bulk Cargo:

Average daily crane performance (in Metric Tonne) Ceiling rate per Tonne (in Rs.)

Foreign Coastal

Note: To calculate the incremental ceiling rates as shown above the base rate was

enhanced to 105% for first thousand tonnes and for the 2nd thousand tonnes the rate was

enhanced to 110% of the base rate. The same methodology shall also be adopted to

calculate the rate beyond 17,000 Tonnes. The Contractor shall refer to the prevailing SOR

of DPA time to time and get themselves appraised of the same and the above rates will

change according to the applicable SOR of DPA.

b. For Break Bulk Cargo:

Average daily crane performance (in Metric Ceiling rate per Tonne (in Rs.)

Foreign Coastal

DEENDAYAL PORT AUTHORITY

CIVIL ENGINEERING DEPARTMENT

Note: To calculate the incremental ceiling rates as shown above, the base rate was

enhanced to 105% for first thousand Tonnes. The same methodology shall also be adopted

to calculate the rate beyond 9,200 Tonnes. The Contractor shall refer to the prevailing SOR

of DPA time to time and get themselves appraised of the same and the above rates will

change according to the applicable SOR of DPA.

c. For Project Cargo:

Average daily crane performance (in Ceiling rate per Tonne (in Rs.)

Foreign Coastal

Note: To calculate the incremental ceiling rates as shown above, the base rate was

enhanced to 105% for first thousand Tonnes. The same methodology shall also be adopted

to calculate the rate beyond 6,500 Tonnes. The Contractor shall refer to the prevailing SOR

of DPA time to time and get themselves appraised of the same and the above rates will

change according to the applicable SOR of DPA.

i. In case, the successful Bidder seeks permission to use the existing facility for

handling cargo during the period from the date of issue of LOA to the date of

installation and commissioning of HMCs, the same % of royalty quoted above shall

ii. For financial evaluation, the amount quoted, i.e., % royalty per Tonne for carrying

out the subject work in the BOQ shall be taken for evaluation purpose to arrive at

the Lowest (L1) bidder. The bidder shall note that the percentage royalty on HMCs

Tariff is only payable by DPA.

3. PRE-QUALIFICATION CRITERIA:

1. The Bidder must have handled an average of 2.54 Million Metric Tonne of Dry Bulk

Cargo and/or Break Bulk Cargo in any Port or in any other organization

consecutively for three years during the last five years ending on 31st March,

2. The Bidder must have an average Annual Turnover of 30% of put to tender amount

i.e Rs. 15,25,83,070/- or more during last three financial years ending on 31st March

3. Bidders who have been debarred/ terminated by any principal because of breach of

contract during the last 7 years are not allowed to participate in this tender

DEENDAYAL PORT AUTHORITY

CIVIL ENGINEERING DEPARTMENT

4. The Bidder must have handled an average of 2.54 Million Metric Tonne of Dry Bulk

Cargo and/or Break Bulk Cargo in any Port or in any other organization

consecutively for three years during the last five years ending on 31st March,

In case of Consortium or Joint Venture, cargo handling of all the JV partners per

annum in any port/ any other organization consecutively for three years during the

last five years ending on 31st march 2025, will be considered collectively to qualify

for the 2.54 Million MT of cargo handling per annum criteria. In case of work

experience issued by private organization, the bidder has to submit the TDS

Certificate, if any, in addition to the work experience certificate, failing which the bid

shall not be considered.

5. The existing PPP/BOT Operators (Including their associates) of DPA are not eligible

for the present Tender.

6. The bidder should have a minimum of 05 years’ experience in Stevedore and

possess a valid Stevedore License.

7. The bidder should have a valid custom house agent license.

8. Joint venture is acceptable subject to meeting the criteria as per the Tender

9. Cost of tender document and EMD shall be deposited as per the instructions given

to the bidders in the Tender document. A self-signed copy of acknowledgement

should be uploaded by the bidder in the Portal in the designated place of the

technical bid while submitting the bid in respect of documents regarding EMD and

tender document cost.

10. The Bidder must have Goods & Service Tax (GST) Registration Certificate.

11. The Bidder must submit PAN & Income Tax Returns of preceding three years.

Similar nature of works means:

Similar Nature of Works mean works similar to the one intended for the particular job as

i. Similar Works / Contracts shall mean (a) Operation and Maintenance of Dry Bulk

cargo and/or Break bulk cargo Terminals/Terminals in Port Sector and/or (b)

Stevedore & cargo handling activities.

i.e. End to End Logistics providers in Port Sector (right from vessel nomination to the

discharge of cargo through rail/road.)

ii. The Bidder should be aware of the Port Operations and Facilities and capable of

handling Rail / Road Loading Operations for participating in the Bid.

Turnover: The tenderer has to submit details of average annual turnover of not less than

30% of amount put to tender during the last 3 years ending 31st March, 2025 of the previous

financial year issued by any Chartered Accountant, otherwise their tender will not be

The tenderer will be short listed based on the information regarding qualification criteria

DEENDAYAL PORT AUTHORITY

CIVIL ENGINEERING DEPARTMENT

such as experience in similar nature of works, turnover, etc. submitted by the tenderer

along with their tender. Accordingly, price bids of the tenderer those are short listed by

Tender Committee will be opened.

Conditions for participation of Joint Venture (JV) firms. (Applicable to the tenders with

estimated cost put to tender is more than Rs.10.0 Crores. (The Format of the letter of

Acceptance by each member in case of Joint Venture is attached at Appendix-II).

4. Details of Cranes

a. Harbour Mobile Cranes to be installed:

The old Harbour Mobile Cranes (i.e less than 5 years old with prescribed technical

specifications) has to be Supplied, Installed, Tested, and Commissioned within 4 (four)

months from the date of issue of Work Order. The 2nd Harbour Mobile Crane needs to be

supplied, installed, tested, and Commissioned within 4 (four) months after commissioning

of 1st Harbour Mobile Crane (HMC) as per the requirement of DPA. In case, the bidder

intends to supply new Harbour Mobile Cranes, the same is to be Installed, Tested, and

Commissioned within 9 (nine) months from the date of issue of Work Order. The Bidder

shall arrange to supply, install, test & commission the Cranes within the stipulated period.

The Bidder shall submit the documentary evidence such as relevant certificates from DG

FASLI and all other statutory bodies towards the readiness of the HMCs for

commencing the operation.

The Contractor shall diligently make sure that the operations commences on or before

(four) months from the date of receipt of Work Order.

During the above 4 months’ period (or earlier to initial 4 months) or till the Contractor

commences operations, DPA will operate the Terminal for its regular cargo operations and

for which the Contractor shall not claim any amounts from DPA.

b. Performance of the Cranes:

The Cranes should always be available on demand with 4 hrs. prior notice. Additional

time will be given if, the Cranes required to travel from one berth to another berth as

per the rated traveling speed.

c. Maintenance:

Maintenance of Harbour Mobile Cranes is the responsibility of the Bidder for efficient &

reliable operating conditions so as to ensure maximum availability and productivity of the

The Bidder shall deploy an effective maintenance team comprising of engineers &

technicians to take up preventive, predictive and corrective maintenance activities during

the Contract period.

d. Preventive maintenance of HMCs:

It covers the maintenance activities to be done as per preventive maintenance schedule

(PMS) which is related to time like daily/weekly/monthly/quarterly/half yearly/ yearly basis

or equipments running hour as per the recommendation of OEM. The Bidder shall prepare

DEENDAYAL PORT AUTHORITY

CIVIL ENGINEERING DEPARTMENT

a routine maintenance plan as per the recommendation of OEM and ensure timely

maintenance of the system. The work which cannot be taken up as per schedule for some

reason can be taken up at a deferred schedule. PMS record should be maintained by the

Bidder which can be produced to Officer In-charge (OIC) for verification on demand.

For routine preventive maintenance, each crane will be allowed one & half hours daily and

three days in a month. The HMCs provider may avail three days for the crane maintenance

in consultation with Traffic Department with written clearance from them.

e. Penalty in case of breakdown of HMCs :

1st 30 days – Rs.4,000/- per hour or part thereof.

From 31st day to 45th day (fifteen days) – Notice will be issued on the 31st day to the Bidder

to rectify the breakdown within fifteen days or to replace the HMC with another HMC duly

meeting all the pre-Qualification Criteria in the Tender.

In case, the Bidder fails to rectify or replace the HMC, termination notice will be issued as

per terms and conditions of the Contract on the 46th day (after 1½ month from the date of

initial breakdown). However, penalty will be levied @ Rs.4,000/- per hour or part thereof till

the date of termination.

In case shifting of a vessel becomes necessary due to breakdown/non- performance of

HMC, the shifting charges of the vessel from the berth to anchorage or any other convenient

location at the discretion of DPA will be recovered from the Contractor in addition to a

penalty of Rs.1,00,000/-. The shifting charges so recovered will be refunded to the vessel’s

Agent while the penalty will be retained by the Port.

f. Non-payment of penalty amount:

The penalty arising out of any reason shall be deposited by the Bidder within 30 days from

receipt of such intimation from Licensor. Non-deposit of penalty within the specified time

will attract interest as per SOR from the date of default and shall be resulted in one or any

combination of following actions which will be taken by Licensor.

For any outstanding dues, DPA is at liberty in adjusting from Security Deposit by encashing

the Security Deposit (SD). The balance amount of Security Deposit shall be refunded after

submission of new BG having validity as of earlier BG.

And also temporary suspension of Contract of HMCs for operation with immediate effect

besides recovery of the due amounts by DPA, if any, from any other contract under

execution by the Bidder in DPA.

It may also attract Fore-Closure / Termination of Contract, purely at the discretion of DPA.

g. Maintenance of contemporary records:

The Bidder shall maintain requisition and supply records, cargo handling records etc. with

timings for compilation to ascertain the monthly performance of the crane. The format for

such records and other necessary operational records shall be finalized in consultation with

the Officer In-charge and the representative of the Traffic Department. Also, these formats

or new formats shall be revised / derived if required during the Contract period. For this

DEENDAYAL PORT AUTHORITY

CIVIL ENGINEERING DEPARTMENT

purpose, the Bidder shall have to provide a set of latest computers with a printer in the

control room of the crane for generation of records pertaining to operation and maintenance

h. Flexibility in operation:

If required, multi-operation of HMCs can be undertaken by DPA for vessel loading/

unloading operations at Berth No9 &10. If the berth 09 & 10 are kept idle (due to lack of

cargo or vessels calling in at berth 9 & 10) continuously for more than 24 Hrs. by the

Contractor, DPA is at liberty to use the berths for berthing of DPA vessels and commence

cargo handling for the cargoes accounted for DPA. In such case the Contractor shall not

be eligible for any payments from DPA except for 50% of their share of Crane hire charges

(50% of BoQ royalty %).

The Contractor shall note that the Bollard No.69 & 85 are used as common user facility for

mooring purpose by other adjoining operators at DPA.

Note: All types of bulk cargoes and break-bulk cargoes are permitted to be handled by

the Harbour Mobile Cranes.

i. Details of Harbour Mobile Cranes to be installed as a part of Project:

The Harbour Mobile Cranes to be deployed shall meet the following requirements:

a) Maximum reach (Greater than) ≥ 48 mtrs

b) Lifting Capacity of the Crane equal to 120 T

c) Load bearing capacity of Quay should not exceed 5 T/m2

d) Age of the Crane: Less than 5 (five) years old from the date of first commissioning

e) Deployment of Liebherr Make and Model: LHM 400 shall not be allowed.

The bidder may please note that the specifications mentioned above are indicative only.

Subject to the prior approval of the Port Authority, the bidder may adopt its own design so

as to fully meet the functional requirements in all respects without sacrificing the safety,

quality, efficiency and reliability in any manner. The HMCs must be suitable for cargo

handling operation in vessel with beam up to 40 meters. All the material, equipment offered

and used in the execution of the work shall be suitable for sustained service in a marine

atmosphere and cyclone prone environment.

All Bulk and Break Bulk Cargoes are permitted to be handled by the HMCs and other

associated equipment’s. The proposed HMCs are intended for use at CB 09 & 10 Berth

(from panel no.69 upto end of Berth 10).

DEENDAYAL PORT AUTHORITY

CIVIL ENGINEERING DEPARTMENT

PREAMBLE TO BILL OF QUANTITIES – BOQ

1. GENERAL INSTRUCTIONS:

a. This bill of quantities (Schedule “B”) must be read in conjunction with the Scope of

the work including Standard Operating Procedures, General conditions, additional

and special conditions and all other terms & conditions of contract and the

contractor(s) shall be deemed to have examined the Scope of the work including

Standard Operating Procedures, General conditions, additional and special

conditions and all other terms & conditions of contract and acquainted himself with

the detailed descriptions of the work to be done, and the way in which they are to

be carried out.

b. The contractor(s) shall be deemed to have visited the site ‘’Cargo Berth No. 09 &

10 which includes Civil / Mechanical / Electrical infrastructure, common user

facilities like backup areas, storage areas, closed sheds, road & rail connectivity etc.

before preparing his tender and to have examined for himself the conditions under

which the work will proceed and all other matters affecting carrying out of the works

and cost thereof.

2. RATES AND PRICES TO BE INCLUSIVE:

a. Rates and prices of the work are to be the full value of the Scope of the work

including Standard Operating Procedures and are to cover the cost of provision of

the entire Operation & Maintenance Operations (O & M) including Marketing (end-

to-end operations) including all required skilled Material Handling Equipment,

HMCs, manpower and non-skilled manpower, officers, supervision, materials,

spares, insurance, maintenance, marketing, managing, overheads and profits and

every incidental and contingent cost and charges whatsoever obligations under the

Contract and all matters and things necessary for the proper completion and

operation and maintenance of the works.

b. The Contractor shall indicate in the prescribed Bill of Quantity tender document, the

% royalty per tonne towards fulfilling all obligations under the contract

“Operation & Maintenance of existing CB 09 & 10 Terminal (Panel No.69 Upto end

of Berth No.10) for carrying out Cargo Handling Operations by deploying Harbour

Mobile Cranes ( Minimum HMCs 1+1 Nos.) and other associated equipment

including Management and Marketing (end to end operations)’’ and including

electricity consumption charges, STP charges, fresh water charges, transport

charges, custom duties, octroi/entry tax, excise duty, sales tax, works contract tax,

turnover tax, all types of cess, any other duties, taxes or incidentals, insurance,

compliance with statutes & regulations, retrenchment benefit etc. and applicable

GST whatsoever payable for satisfactory performance of the contractor’s

obligations under this contract.

c. In order to prepare a realistic and competitive bid, the bidders are advised to assess

DEENDAYAL PORT AUTHORITY

CIVIL ENGINEERING DEPARTMENT

the site conditions at “CB 09 & 10 Berths and Civil / Mechanical / Electrical

infrastructure, common user facilities like backup areas, storage areas, closed

sheds, road & rail connectivity etc. cargo prospects, contract modalities, nature and

quantum of the work to be done correctly before submission of the bid.

d. For financial evaluation, the amount quoted, i.e., % royalty per ton for carrying out

the subject work, in the BOQ shall be taken for evaluation purpose to arrive at the

Lowest (L1) bidder. The bidder shall note that the percentage royalty on HMCs

Tariff is only payable by DPA.

The tenderer shall be required to quote O&M Rate per Metric Tonne.

Sl. No Description Quantity % of Royalty per Metric Tonne

(exclusive of GST) to be quoted by

1 “Operation & Maintenance of existing 1 Metric

Cargo Berths 09 and 10 (from Panel Tonne % of royalty required by the Bidder

No. 69 to end of Berth No.10) for has be quoted only in the n-Procure

carrying out cargo handling operations Portal in Financial Bid. Any bidder

by deploying Harbour Mobile Cranes quoting the % royalty in the

(Minimum HMCs 1+1 Nos.) and other Technical Bid shall not be

associated equipment including considered by DPA.

management and marketing” as per the

Scope of work including SOP and all

other terms & conditions in the

i. For financial evaluation, the amount quoted, i.e., % Royalty per ton for carrying out

the subject work specified in the BOQ shall be taken for evaluation purpose to arrive

at the Lowest (L1) bidder.

ii. The bidder shall note that the % of Royalty quoted by the bidder on HMCs Tariff

shall only be payable to the Contractor by DPA and no other monies will be paid to

the Contractor by DPA.

iii. For the purpose of calculation for the entire period of Contract, SOR Rate of DPA of

HMCs prevailing on the date of Bidding with a fixed annual escalation of 2% will only

be considered, irrespective of any subsequent change of SOR of DPA. There shall

not be any discounts applicable on HMCs Rates, only the rates stated above will be

iv. All the charges under this O&M Contract shall be collected only by DPA and the

corresponding % Royalty per ton for carrying out the subject work specified in the

BOQ will be paid to the Contractor as per the terms and conditions of the Contract.

DEENDAYAL PORT AUTHORITY

CIVIL ENGINEERING DEPARTMENT

PRE-BID MEETING

It is proposed to hold a Pre-bid meeting in order to clarify and discuss issues with respect

to the Project, or any other related issues. The meeting shall be held as per Schedule date

in the Board Room at Administrative Office Building (AOB), Deendayal Port Authority,

Gandhidham -370201 or Through Video Conference at the same date and time.

Pre-bid meeting will be held in the presence of the tenderers/their representatives who may

wish to present. Any claim or query on any issue, at a later date will not be entertained.

Tenderers are advised to forward their queries, if any, on before the Schedule date duly

indicating their intention to attend the Pre-bid meeting to:

EXECUTIVE ENGINEER (H)

Deendayal Port Authority,

Nirman Bhavan, Kandla – 370

District –Kutch, State - Gujarat

E-mail: [email protected]

1. All the queries raised in the pre-bid meeting along with clarifications will be uploaded

in the web site.

2. All enquires shall be addressed to the above address in writing by letter or facsimile

transmission and mail:

3. No interpretation, revision, or other communication from the Port Authority regarding

this solicitation is valid unless in writing and is signed by the Executive Engineer

(H), Nirman Bhavan, Deendayal Port Authority, Kandla, Gujarat - 370210 written

copies of the Port Authority responses, including a description of the enquiry but

without identifying its source will be sent to all the Tenderers.

4. During the Pre-Bid meeting, the queries received in advance would be clarified first,

followed by those raised during the meeting. The Deendayal Port Authority’s

response would be uploaded in the web site.

5. The Tenderer (s) has to make a complete & careful examination and independent

evaluation of the tender notice, Scope of the project, site, local conditions, Project

facilities including berth and Civil / Mechanical / Electrical infrastructure in the

terminal, terms and conditions of the tender, Electrical charges applicable, STP

/Fresh water charges, prevailing Handling charges, Standard operating procedures,

physical qualities of ground and all information provided by the Deendayal Port

Authority in the tender and has to determine to his satisfaction the accuracy, nature

and extent of difficulties, risks that are likely to be faced by him during the course of

performance of its obligations as per contract. Any clarifications ambiguities and

inconsistencies in the tender shall be raised by the tenderer along with other

tenderers in the pre bid meeting or during the process of bidding only but not after

opening of the bids. No claim on this account will be entertained.

DEENDAYAL PORT AUTHORITY

CIVIL ENGINEERING DEPARTMENT

SPECIAL CONDITIONS OF CONTRACT

1. Site Visit, Pre-Bid Meeting and Clarification to Bidders:

The prospective bidders are strongly advised to depute their technical experts at their cost

with authorization letter to visit the site to assess and examine the site conditions,

requirement, the nature and quantum of work so as to prepare a realistic and competitive

bid for the execution of the work. It is the responsibility of bidders to collect all information

to their satisfaction in order to fulfil the obligations under the contract.

In the pre-bid discussion, maximum 02 members from each firm are allowed to participate.

Consolidated list of queries by the bidders and response of DPA will be issued by DPA as

addendum subsequently in the website.

3. Retrofit Activities of Berth No.10 (Panel No.77 to Panel No.85):

The bidders shall note that currently DPA is undertaking the work of retrofitting of Berth

No.10 (Panel No.77 to Panel No.85). Therefore, the Contractor (Successful Bidder) will be

given the suitable berth length for carrying out operations as per availability and the

convenience of DPA, without hindering the proposed retrofitting work.

a. The contract shall be for the whole works as described, based on the required % of

Royalty from the HMC charges (Applicable & prevailing SOR of DPA ) submitted by

the bidder, as per the Scope of work including SOP and all other terms & conditions

in the Contract” is applicable for the contract period.

b. The Contractor shall consider all costs towards required skilled manpower and non-

skilled manpower, officers, supervision, HMCs, other material handling equipment,

materials, spares, insurance, maintenance, marketing, managing, overheads and

profits and every incidental and contingent cost and charges whatsoever obligations

under the Contract and all matters and things necessary for the proper completion

and operation and maintenance of the works. Further, to consider fulfilling all

obligations under the Scope of Work of the Contract including all electricity

consumption charges, STP charges, fresh water charges (if only available),

transport charges, custom duties, works contract tax, turnover tax, all types of Cess,

any other duties, taxes or incidentals, insurance cost, compliance with statutes &

regulations, retrenchment benefit etc and applicable GST whatsoever payable for

satisfactory performance of the contractor’s obligations under this contract.

c. DPA may reject any bid which is priced in violation of the above requirements.

The evaluation and comparison of bids by DPA shall be made accordingly.

d. Works/Items not specially listed in the Bill of Quantity but required to be executed

for satisfactory compliance with the bid requirements as specified, shall not be

separately paid by DPA when executed and shall be deemed to be covered under

royalty contained in bidder’s Financial bid. In order to prepare a realistic and

DEENDAYAL PORT AUTHORITY

CIVIL ENGINEERING DEPARTMENT

competitive bid, the bidders are advised to assess the site conditions, nature and

quantum of the work to be done, material and manpower requirements etc. correctly

before submission of the bid.

e. Harbour Mobile Cranes (Minimum HMCs 1+1 Nos.) are to be supplied to handle all

bulk and break bulk cargoes. Hence bidders are advised to quote their royalty

considering the O & M cost arising out of handling normal/oversized/big size bulk

materials and break bulk cargoes.

f. The royalty quoted for is applicable for entire Operation & Maintenance including

marketing (end to end service) of the facility for 05 (five) years of the Contract. The

% of royalty quoted by the Bidder shall hold good and shall be binding on the bidder,

notwithstanding any increase in the prices of materials & labour, fuel & power,

Taxes, Duties or any other charges whatsoever and the bidder shall not be entitled

to claim any increase over the % of royalty quoted by him during the period of the

Contract. The % royalty for item at Sl. no.1 of BOQ for 6th year (if only extended at

the sole discretion of DPA) will remain the same, subject to satisfactory

5. Bid Validity:

The bids shall be valid for a period of 120 days from the date of opening of Financial Bid.

6. ADDITIONAL GUARANTEE:

The Successful Bidder shall furnish Additional Guarantee for an amount of

Rs.5,08,61,024/- (Rupees Five Crore Eight Lakhs Sixty-One Thousand and Twenty Four

Only) in the form of a Bank Guarantee (BG) of a Nationalised/scheduled Bank (except for

co-operative banks) having its branch at Gandhdham in the prescribed format or Insurance

Surety Bond as per form 8A or Digital Mode OR FDR within 21 days from the date of issue

of Letter of Award(LOA). Such Additional Guarantee will be towards DPA’s infrastructure

i.e. berth and Civil / Mechanical / Electrical Infrastructure available as a part of Project,

Safety, Security, repairs, maintenance and to ensure proper running condition during

contract period. The BG should bear the Tender No. and name of the work for future

references. The BG should be valid till completion of the Contract Period. The Bank issuing

the BG should send the same in original to Deendayal Port Authority in the address

as given in the Tender so that it reaches Deendayal Port Authority on or before the

stipulated date.

The Additional Guarantee shall be returned to the Bidder within 60 days of successful

completion of Contract period. The BG must be extended from time to time and shall be

valid till 60 days after the expiry of the Contract period. Deendayal Port Authority reserves

the right to encash the Bank Guarantee in case of any default of the Contractor.

7. Minimum Guarantee Cargo/Throughput (MGC):

The Successful Bidder shall make no attempt at any time to revoke the BG executed in

favour of DPA before completion of all the contractual obligations. The Contractor has to

handle a minimum of 4.5 Million Tonnes Per Annum (4.5MMTPA), failing which, the

contractor shall make payment to DPA within 30 days for the deficit volumes of cargo, i.e.,

DEENDAYAL PORT AUTHORITY

CIVIL ENGINEERING DEPARTMENT

% royalty per ton (i.e DPA’s % of Share) x deficit volume (4.5 MMTPA less Actual volumes

handled by the Contractor) = Rs. .

Besides the above the Contractor shall also make payment to DPA within 30 days for

the deficit volumes of cargo, the corresponding Wharfage Charges (As per prevailing

SOR of DPA for the major commodity handled in the Terminal in that corresponding

year) and Stevedoring Royalty charges as notified by DPA time to time.

8. Liquidated Damages:

a) LD Clause for delayed commencement of work:

If the Contractor has not commenced the work on or before 4 (four) months from the date

of receipt of Work Order, 0.5% LD will be levied for each week on % royalty per ton (i.e %

of DPA share) on total Capacity of 4.5 MMTPA.

If the Contractor has not commenced the work even after 4 (four) month from the date of

imposing LD, the Contract will be cancelled.

9. Performance Parameters (OSBD):

The parameter deals with the productivity of the terminal (Gross Berth Output) for different

types of cargo. In case of dry bulk and steam coal cargo, the capability of the terminal

(mechanization, method of handling) and parcel size will determine the Gross Berth Output.

Higher terminal capability and greater parcel size will lead to high productivity.

The Gross Berth Output shall be calculated as the total cargo handled (either

loaded/unloaded) from the ship during the quarter, divided by the number of working days

of the ship at the working berth. While determining the number of working days / hours,

delays not attributable to the Contractor shall be excluded i.e pre- commencement delays,

post completion delays and delays due to bad weather are excluded from the Vessel total

stay at the berth in hours for calculating OSBD.

Cargo Category Indicative norms

DRY BULK CARGO 20,000 Tonnes per day

BREAK BULK CARGO 7,000 Tonnes per day

Note: The above norms are only indicative, DPA has the liberty to revise/change the above

indicative norms based on the nature of cargo and specifications of vessels handled at the

Based on the above norms fixed, the permissible stay of the vessel shall be arrived at and

if the stay of the vessel is beyond the permissible stay, necessary penal berth hire charges

as per the DPA-SOR shall be levied.

The Contractor shall ensure the above standards for all the vessels handled by it at all

times (PWWSHINC: Per weather working day Sundays and Holidays Included). Calculation

of average berth day output shall be as per the notes given above.

Performance evaluation will be made for every vessel upon completion of cargo handling

basing on the reports furnished by the Contractor confirmed by the Port Authority.

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CIVIL ENGINEERING DEPARTMENT

Liquidated damages of 1% shall be levied for every shortfall of 10% in the performance

standards for each of the commodity group separately. The liquidated damages so

collected shall be paid to the Port Authority. The Contractor shall be responsible and make

good of any demurrages /damages/penalties claimed by the Vessel Owner/Agents/Port

users towards the default of the Contractor.

The Contractor shall warrant the Port Authority that the Terminal and machinery along with

project facilities handed over by the Port Authority to the Contractor under this Contract,

will comply strictly with the Contract, shall diligently comply all terms and conditions of the

Contract and keep the Port Authority free from any

demurrages/defects/penalties/liabilities/disputes/claims/damages. The Contractor shall

further warrant the Port Authority that all materials, equipment and the supplies handed

over by DPA will be made use for their intended purposes and shall be handed over in good

working condition post completion of the contract period.

The Port Authority shall promptly notify the Contractor in writing of any claim arising under

this Warranty. Upon receipt of such notice, the Contractor shall promptly repair or replace

the defective goods and/or services at no cost to and liabilities on DPA.

If the Contractor, having been notified, fails to remedy the defects in accordance with the

contract, DPA may proceed to take such remedial action as may be necessary, at the

Contractor’s risk and cost, duly encashing the Additional Guarantee of Rs. 5,08,61,024 /-

submitted by the Contractor towards replacement / repairs/ maintenance of the damaged

DPA infrastructure along with the Project facilities.

11. Payment Terms:

The payment to the Contractor shall be carried out by DPA and will be made as per the

following terms:

The contractor shall be paid for the overall comprehensive services rendered by them on

monthly tonnage basis i.e., the amount quoted % royalty per ton for carrying out the subject

work in the BOQ shall be taken for evaluation purpose to arrive at the Lowest (L1) bidder.

The bidder shall note that the percentage royalty on HMCs Tariff is only payable by DPA,

as per the certification of the Traffic Department along with certification of the monthly

i. Payment shall be released on submission of Tax Invoice as per GST Rules on

certification of the volumes by Traffic Department.

ii. “The rates quoted by the contractor shall be deemed to include all expenses in

handling bulk cargo and break bulk cargo in the terminal (end to end services, right

from vessel nomination, handling of cargo in the Terminal to the discharge of cargo

through rail/road including railway charges) including payment of applicable wages

rates to the labour as and when revised in compliance with the statutory regulation”

2. Contract Period:

The Contract period is for 5 (Five) years and extendable by another 1 (One) year subject to

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CIVIL ENGINEERING DEPARTMENT

satisfactory performance and at the sole discretion of DPA.

3. Date of Commencement of Work:

The date of commencement of work will be 4 (four) months from the date of receipt of Work

4. Facilities to be Provided on part of DPA’s Obligation:

a. Cargo Berth No. 9 & 10 are provided by DPA to the Contractor on the date of award

of contract on “as is where is basis”, for carrying out end to end logistics, i.e.,

operation and maintenance of the CB 09 & 10 Berth along with Marketing and

Administration of the Terminal. The Contractor shall be responsible to ensure safe

and efficient operations of the Terminal without causing any hindrance to DPA and/or

Other Port Users.

b. Electricity for execution of the work shall be provided on chargeable basis to the

c. Subject to availability, common user storage facility/land, covered godowns and

backup yard and other common facilities for execution of the work may be provided

on payment of applicable tariff (prevailing SOR) notified by DPA from time to time.

The Contractor shall ensure that the land is used for the purpose of handling cargo

for this Terminal only. Any misuse or unauthorized use of the land allotted for any

other purpose shall lead to cancellation of the plots / land allotted by DPA.

d. All office equipment including PCs, Telephone, Internet etc. required for the

Contractor’s establishment shall be arranged by the contractor at his own cost.

However, all infrastructure provided by DPA at the time of taking over of the berth

shall be handed over by DPA shall be taken care of by the Contractor and return the

same in good working condition (except for normal wear and tear) post completion

of the contract. Damages if any may be rectified accordingly at his own cost.

e. Medical facility will not be provided by the DPA to the Contractor. However the

contractor’s personnel can be provided with medical facilities at DPA Hospital in

emergency cases only on payment basis.

f. Issuance of RFID Gate passes by DPA to Contractor’s personnel for entering into

the prohibited area shall be governed by the policies of DPA which is notified by DPA

from time to time from security angle.

g. Administrative support only, for obtaining clearance from any statutory authority,

shall be provided by Deendayal Port Authority.

5. Spares Required:

The Contractor shall maintain the minimum spares required time to time for running the

HMCs trouble free. Maintaining the spares is the responsibility of the Contractor to keep

the HMCs in good running condition. All the consumables required are to be maintained by

the Contractor. The Contractor is required to maintain the Maintenance Schedules as

required for operating the HMCs. The damaged spare or machinery shall be replaced

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CIVIL ENGINEERING DEPARTMENT

within short period of time to ensure trouble free and uninterrupted operations.

6. Drawings and Manuals of the HMCs and Associated Equipment:

Drawings, specification and manuals of the HMCs and Associated Equipments deployed

by the Contractor for carrying out cargo handling operations are to be maintained by the

Contractor. The records of the same shall be available round the clock for inspection of

any DPA official at any point of time. It is the responsibility of the Contractor to keep the

above in the safe custody with satisfactorily indexed. Photos of important activities may

also be kept. The Contractor is also responsible for preparing drawings afresh for missing

drawings or non-available drawings and updating the HMCs drawings on a regular basis to

ensure that they are always maintained in a current state.

7. Deduction on Default:

Availability factor of machines, equipment and systems as per norms on demand,

maintaining the rated Terminal capacity, up keeping of proper cleanliness/housekeeping,

carrying out proper maintenance, attending breakdown in time (rectification of faults),

inventory management and following the safety aspects, statutory norms and regulations

are the essence of this contract. Therefore the Contractor shall meet the performance

parameters / norms / obligations pursuant to the contract. Failure on the part of the

Contractor to comply with the requirements shall attract a deduction on account of under

performance. All the deductions on account of under performance is effective from the date

of commencement of the work.

Unless specified by the vessel, the contractor shall guarantee to maintain the

unloading/Loading rate (excluding the stoppages beyond contractor’s control) as desired

operational rating of the equipment. However, the unloading/loading rate below the desired

rating as asked by the vessels shall be maintained by the Contractor.

9. Termination of the Contract:

In pursuant of General Directions and Conditions of the Contract, Clause-26, the Port

Authority will be entitled to foreclose and terminate the Contract, at any time, should, in the

Port Authority’s opinion, the cessation of works becomes necessary, owing to paucity of

funds or due to court orders or from any other cause whatsoever. Notice in writing from the

employer, of such termination and reasons thereof, shall be conclusive evidence thereof

and be binding on the Contractor.

In view of operational requirement, DPA has right to cancel or pre-close the work without

assigning any reason duly giving a notice period of one month.

In the event of non-performance, poor performance or lack of diligence by the contractor,

the contract will be liable for termination by serving one month notice, and in that event,

the performance Guarantee (Security Deposit) which is in the form of Bank Guarantee (BG)

will be encashed by Deendayal Port Authority.

10. Spares Maintained and Taking Over:

DEENDAYAL PORT AUTHORITY

CIVIL ENGINEERING DEPARTMENT

Any Insurance / Spares / Machinery other than consumables procured by the prospective

bidder during the contract period for the use of HMCs to meet the exigencies and are not

consumed in the said period by the Contractor are taken back by the Contractor after

completion of the contract period.

11. Requirement of Pay-Loaders, Hydra Cranes, Maintenance Vehicles, Loaders,

Trailers/dumpers, Trucks etc.:

The Contractor shall deploy and maintain the required adequate number of Pay-Loaders,

Hydra Cranes, Maintenance Vehicles, Loaders, Trailers/dumpers, Trucks etc. to ensure

trouble free & uninterrupted operations for carrying out unloading and loading operations.

12. Responsibility to Rectify Loss or Damage:

If any loss or damage happens to the works/property, or any part thereof due to negligence

of the Contractor for which the Contractor is supposed to take care thereof during the period

of the contract, the Contractor shall, at his own cost, rectify such loss or damage to the

works/property to the satisfaction of the DPA. The Contractor shall also be liable for any

loss or damage like damage to Trucks/vessels / Railway wagons/Any other Port assets

and/or Third Party assets, in the course of any operations carried out by him and rectify the

same in a time bound manner for the purpose of complying with his obligations under the

In the event of an emergency where, in the judgment of DPA, delay would cause serious

loss or damage, repairs or adjustments may be made by DPA or a third party chosen by

DPA without advance notice to the Contractor and the cost of the work shall be paid by the

13. Handing Over of DPA Assets (i.e., Berth and Civil / Mechanical / Electrical Infrastructure):

The Contractor is responsible for handing over of the DPA assets along with Project

Facilities in good working conditions post completion of the Contract Period. The Contractor

should ensure that the handed over equipment are free of any damages/repairs. Any

repairs/breakdowns noticed/observed in the DPA assets post completion of the contract

period and not rectified by the Contractor, the cost for the same shall be recovered duly

encashing the Additional Guarantee submitted.

The Contractor has to handover the assets of DPA duly conducting condition survey in

presence of DPA personnel / DPA appointed consultant, after completion of the contract

14. Site Safety & Environment Protection:

The Contractor, during the execution of the work, shall be solely responsible for complying

all the statutory requirements of Government Bodies or any statutory bodies with respect

to site health, safety, security and environment.

15. Quality Assurance Plan, Inspection and Testing:

The Contractor shall submit Quality Assurance Plan for acceptance of the DPA before

commencement of work. This shall contain the list of Tests and Inspections proposed to be

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CIVIL ENGINEERING DEPARTMENT

done by the bidder during execution of the contract period and also the standards followed.

The bidder shall permit DPA representative for periodic inspection and the condition

assessment of the HMC along with Project Facilities. The 3rd Party inspection personnel

engaged by DPA shall be allowed to inspect and assess the condition of the Terminal. Any

hindrance in this issue shall not be acceptable by DPA.

12. Time is the Essence of the Contract:

Time is the essence of the Contract and the Contractor shall ensure that all the obligations

under the Contract are completed satisfactorily within the agreed time schedule. The

Contractor shall be solely responsible for all the d e m u r r a g e s , delays including the

delays caused by its vendors, damages of equipment, non-availability of staff, operational

issues, withholding of payments. In case of delay in the progress of the works, DPA

reserves the right to withhold the payment, cancel the Contract unilaterally or complete the

work departmentally or by engaging any other agency at the cost and risk of the bidder.

13. Contractor’s Obligation:

The Scope includes the responsibility of the bidder for running the HMCs at the CB 09 &

Berth along with Project Facilities, commencing from marketing of cargo,

loading/discharging through the semi mechanical system (HMCs) available at the facility,

storage of cargo and evacuating the cargo through the Road / Rail, etc.

All the materials and works including labour required for operation and maintenance of the

HMCs Terminal including loading and unloading of cargo from ship to dispatch / loading of

rakes / trucks. The bidder has to follow the Standard Operating Procedure prescribed by

Deendayal Port Authority without any deviation. Any deviation in this regard shall be treated

as default on the part of the bidder.

DEENDAYAL PORT AUTHORITY

CIVIL ENGINEERING DEPARTMENT

ADDITIONAL CONDITIONS OF CONTRACT

14. Site of Work:

The work site is situated on the Inner Harbour which is a restricted area; The Contractor(s)

shall obtain necessary passes for himself, his workmen and vehicles, machinery etc., from

the Commandant, C.I.S.F of Deendayal Port Authority and ensure that the passes are kept

in force till the completion of the work. The Contractor or its Personnel including labor shall

abide by all the safety precautions and security regulations to be observed in restricted

areas of the Port as per the rules in force from time to time. No Claim whatsoever on account

of delay in obtaining or renewing the entry passes will be entertained by DPA.

15. Sub Contracts:

The Contractor shall not sub-contract all or any part of this contract without getting DPA’s

prior approval in writing and the Contractor shall guarantee that the Sub-Contractor, for any

part of the work under this contract will comply fully with the terms and conditions of the

Contract. The Contractor shall clearly indicate the purpose for which the Sub- Contractor is

to be deployed. The Contractor shall ensure that:

i. The Sub-Contractor has not been de-barred to participate in any tender either by

DPA or any other Govt. Organization and

ii. The Sub-Contractor is competent to undertake the work assigned to him.

16. Payment to Sub-Contractors:

The Contractor shall ensure that timely payment is made to their sub-contractors. In case

of dispute between the Contractor and its sub-Contractor, DPA shall have the right to

withhold adequate money from the dues of the Contractor till the Contractor settles the

dispute with its sub-Contractor and submits documentary evidences in support of such

settlement. DPA shall also have the right to make payment to the sub-Contractor directly

for that part of the claim which has been Certified for payment by the Contractor but not

17. Resolution of Dispute / Jurisdiction of Courts:

a. Amicable Settlement:

If any dispute or difference or claims of any kind arises between the DPA and the Contractor

in connection with construction, interpretation or application of any terms and conditions or

any matter or thing in any way connected with or in connection with or arising out of this

Agreement, whether before or after the termination of this Contract, then the Parties shall

meet together promptly, at the request of any Party, in an effort to resolve such dispute,

difference or claim by discussion between them.

b. Conciliation:

In case any dispute is not resolved amicably as provided in Clause 4.1, the Contractor may

agree to refer the matter to conciliation & settlement Committee established by the DPA as

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CIVIL ENGINEERING DEPARTMENT

per provisions contained in Part-III of the Arbitration & Conciliation (Amendment) Act,

(the “Conciliation & Settlement Committee”). The standard operating procedures for

conciliation and settlement of disputes through the conciliatory process and the constitution

of the committee shall be contained in the policy guidelines issued by the DPA on the

subject, which shall be in alignment with the provisions contained in Sections 63 and 64 of

the Arbitration & Conciliation (Amendment) Act, 2015. In case there

commendations/decision of the committee is not acceptable to the Contractor, it shall be

free to refer the dispute to arbitration in accordance with the provisions of Clause 4.3.

c. Arbitration:

Any Dispute which is not resolved amicably as provided in Clause 4.1 and/or 4.3 shall be

finally settled by arbitration as set forth below:

i. The Dispute shall be referred to the Society for Affordable Redressed of Disputes -

Ports (hereinafter called as SAROD - Ports). The dispute shall be dealt with in terms

of Rules of SAROD - Ports. The detailed procedure for conducting Arbitration shall

be governed by the Rules of SAROD - Ports and provisions of Arbitration &

Conciliation Act, 1996, as amended from time to time. The Dispute shall be governed

by Substantive Law of India.

ii. The constitution of Arbitral Tribunal, code of conduct for Arbitrators and fees and

expenses of SAROD - Ports and Arbitral Tribunal shall also be governed by the

Rules of SAROD - Ports as amended from time to time. The rules of SAROD – Ports

are placed at Annexure-XI

iii. The seat of Arbitration shall be New Delhi, or a place selected by the Governing

Body of SAROD - Ports and the language for all documents and communications

between the parties shall be English.

iv. The expenses incurred by each party in connection with the preparation,

presentation, etc., of arbitral proceedings shall be borne by each party itself.

v. Any Award made in any arbitration held pursuant to the Article 19 shall be final and

binding on the Parties as from the date it is made, and the Contractor and the DPA

agree and undertake to carry out such Award without delay.

vi. The Contractor and the DPA agree that an Award may be enforced against the

Contractor or the DPA, as the case may be, and their respective assets wherever

vii. In the event that the Party against whom the Award has been granted, challenges

the Award for any reason in a Court of law, the other Party, subject to the order of

the Court, shall be entitled to seek an interim relief as per the provisions of the

Arbitration and Conciliation Act or rules made there under. The Parties acknowledge

and agree that the Arbitration proceedings shall be video recorded and one copy

each of the video recording shall be provided to both the parties. (The SAROD

Conditions are attached at Annexure-XI).

d. Adjudicatory Board

In the event of constitution of a statutory Adjudicatory Board or such other forum with

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CIVIL ENGINEERING DEPARTMENT

powers to receive and adjudicate upon disputes between the DPA and the Contractor, all

disputes not settled Conciliation & Settlement Committee, can alternatively be referred to

the Adjudicatory Board or such other forum with mutual consent of the parties in accordance

with the applicable laws. For avoidance of doubt, parties hereto agree that notwithstanding

anything contained herein above, after adjudication by the statutory Adjudicatory Board or

such other forum, the parties cannot refer the dispute, difference or controversy of

whatsoever nature again under Arbitration and the adjudication hereunder shall be final

e. Force Majeure:

Conditions beyond control of either parties like war, hostility, acts of public enemy, civil

commotion, sabotage, serious loss or damage by fire, explosions, epidemics, strikes,

lockouts or acts of God come under the legal concept of Force Majeure (FM). Delays in

performance of contractual obligations under influence of FM conditions are condonable,

provide, notice of happening of such event is given by the affected party to the other within

30 days from the date of occurrence. Works under the contract shall be resumed as soon

as practicable after such event has come to an end or ceased to exist. However, if such

event exceed 120 days, either party, may at its option terminate the contract by giving notice

to the other party.

18. Insurance (Insurance covers shall be taken before commencement of the Operations):

All the staff/workers to be deployed by the Contractor for performing the contract shall be

insured against /injury/ accidents/death, by the Contractor at his own cost as per prevailing

The Contractor shall take required & adequate Insurance Policies for the replacement value

of the assets handed over by the Port Authority duly covering Material Damage, Machinery

Break Down, Third Party Liabilities and Loss of Revenue covers at his own cost and time.

Copies such Insurance Policies shall be submitted by the Contractor to the Port Authority

after issuance of LOA and before commencement of Operations under the Contract.

The Contractor shall indemnify DPA against all losses and claims in case of property

damages, machinery breakdowns, Third party liabilities and death or injury caused to any

person by him/her during the execution of the work.

19. Compliance with Statutory Regulations:

The bidder shall comply in all respects, with all statutory regulations as may be necessary,

including clearance from State/Central Govt. authorities, Pollution Control Boards, labour

enforcement and local authorities. The bidder shall, at all times during the continuance of

the contract, so far as it may be necessary, comply with all the existing enactments

including Central and State legislation as well as any by-laws of any local authorities

regarding labour, particularly the Minimum wages Act, Factories Act, Workmen’s

Compensation Act, Employees’ Provident Fund and Family Pension Fund Act, Employees’

State Insurance Act, Contract Labour (Regulation and Abolition) Act, Payment of Wages

Act, Maternity Benefit Act, National and Festival Holidays Act, Shop and Establishment Act,

the Apprentice Act or any other applicable acts as required and to keep the Bidder /

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CIVIL ENGINEERING DEPARTMENT

Contractor indemnified against any loss or claim arising out of contravention of the

provisions of the above said enactments by the bidder.

The FIRM rate quoted by the Contractor in the Bill of Quantity shall be deemed to include

all expenses whatsoever the bidder may be required to incur for the compliance with the

provisions of the above said legislation. The Contractor shall make necessary

arrangements for the DPA to witness the payment made by the Contractor to his staff and

20. Indemnification:

The Contractor shall indemnify, protect and defend at its own cost, Deendayal Port

Authority and its agents and employees from and against any / all actions, claims, losses

or damages directly or indirectly arising out of

a. any violation by the Contractor in course of its execution of the Contract of any legal

provisions or any right of third parties;

b. Contractor’s failure to exercise the skill and care required for satisfactory execution

of the Contract.

c. Any loss or damage to the property / assets / Terminal/Third Parties/personnel and

Machinery handed over by DPA to the Contractor on the Date of Award.

21. Deductions:

Deendayal Port is empowered:

a. To recover any dues against this contract in any bills / Security Deposit / etc. due to

the contractor either in this contract or any other contract with Deendayal Port.

b. To recover any dues against any other contract of the contractor with Deendayal

Port, with the available amount due against this contract.

c. Income Tax will be deducted at source from the bills of the contractor as per

the provisions of the Income Tax Act as and when payments are effected

d. All penal charges levied by the Indian Railways due to improper loading, enroute

detention, load adjustment charges, etc shall be borne by the Contractor.

22. Engaging of Experts:

The Contractor shall also engage experts in the field of Bulk material handling equipment,

Environment, Safety and Hydraulic systems at his own cost. The Contractor shall ensure

that all Environmental issues / concerns are addressed time to time as per the prevailing

Environmental Laws and applicable measures to be taken to mitigate dust pollution, water

pollution, noise pollution etc. The Contractor shall also depute Safety Personnel to ensure

all the measures required to maintain safety and security issues are addressed in the

terminal and remedial actions along with preventive actions are implemented as required

under the prevailing Regulations applicable. Similarly Hydraulic Specialists are also to be

engaged to address Hydraulic issues prevailing in the Terminal time to time.

The Contractor shall ensure that expertise people in all fields required for Operation and

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CIVIL ENGINEERING DEPARTMENT

Maintenance of the Terminal are engaged.

23. Personal Protective Equipment: (PPE)

The Contractor shall be solely responsible, at his own cost, for the supply of required PPE

to his workers and staff and he shall also ensure the use of PPE such as helmets, nose

masks, hand gloves etc. by his staff at site.

The Contractor, at all times during execution of the contract, shall take all measures to

prevent any unlawful, riotous or disorderly conduct by or amongst his staff at the site and

for the preservation of peace and protection of persons and property at the work site as well

as in the neighborhood of the works.

The Contractor shall, report immediately and within 24 hours of the occurrence of any

accident/incident at or about the work site or in connection with execution of the contract,

report such accident/incident to DPA giving all the details. The Contractor shall also provide

additional information about the accident/incident as requested by the DPA and other

statutory authorities.

26. Idling of Terminal:

DPA shall make use of the Terminal and machinery along with Project facilities, waterfront

and Berth in the event the Terminal is idling for more than 24 hours. The labour charges

along with applicable electricity charges shall be borne by the DPA for the said period of

operations by DPA and the maintenance charges will be borne by DPA only limited to the

extent berth utilization (hours basis & number of vessels handled by DPA) by DPA.

27. Watch and Ward:

During the execution of the contract, it shall be the responsibility of the Contractor to

arrange watch and ward of the work round the clock, including the man power, HMCs,

materials, machine / equipment / system used for the work at his own cost. The Contractor

shall ensure proper security and safety of the Berth and Project Facilities, Manpower

engaged for O & M operations in the Terminal and other personnel at his own cost.

28. Contract Copy:

The Contract shall be made in two sets, one original and one copy. One copy of the Contract

shall be given to the bidder.

29. Undertaking by the Contractor:

Having understood all the terms and conditions of the tender document and having

assessed the site conditions, we hereby confirm that the firm Rate offered by us is a firm

price and includes all the taxes, duties, fees, cess etc. and all incidental charges, etc.

30. Assignment and Subletting:

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CIVIL ENGINEERING DEPARTMENT

Assignment and/or Subletting and/or Transferring the work to any 3rd party either by way of

sub-license, assignment or any other means by the Contractor is strictly prohibited by DPA.

Deendayal Port, on request of the bidder may provide entry permits to the bidder’s staff.

1. Taxes, Levies Etc:

The Contractor shall pay all lawful taxes including Goods & Service Tax (GST), duties,

cess, assessments, charges etc which may be levied by any Govt. Authority or Tax levying

agencies from time to time.

32. Insurance, Etc:

The Bidder shall take all necessary insurance covers as required by law and ensure that

these are valid throughout the contract period.

33. No Nuisance / Annoyance to Others:

The Bidder shall not indulge or allow anybody else to indulge in anything which may be or

may become nuisance or annoyance to the Port or any other agency in the vicinity of the

Contract Jurisdiction.

34. Banning of Business:

In case, the successful bidder fails to execute after issue of work order, the business

dealings with the bidder will be banned by DPA and the same will circulated to all Major

Ports of India.

2. Inspection of Terminal:

The Nodal Officer/Chief Engineer/Chief Mechanical Engineer/Traffic Manager or any

Authorized Representatives of DPA// consultants or authorized Committee members shall

have full rights to inspect the Berth/ machinery while in idle condition or in operations during

the Contract period.

35. Fore-Closure:

In view of operational requirement, DPA has right to cancel or pre-close the work without

assigning any reason duly giving a notice period of one month as per Clause 26 of the

General Directions and Conditions of Contract.

36. Claims and Disputes:

Any claims or disputes arising out of the contract should be promptly submitted in writing to

the Engineer-in-Charge within one month from the date of cause of action so that the points

at issue could be immediately verified at site by DPA Officials facts ascertained and a

prompt decision given. Claims raised beyond this time limit will not be entertained. The

tenderers shall carefully note this stipulation.

37. Sub-Letting:

DEENDAYAL PORT AUTHORITY

CIVIL ENGINEERING DEPARTMENT

Engaging of labour on piece work basis shall not be deemed to be sub-letting.

38. Excepted Risks:

The “excepted risks “ are war hostilities between Indian and any other country (whether war

be declared or not) invasion, act of foreign enemies, rebellion, revolution, insurrection or

Military usurped power, Civil war (otherwise then among the contractor (s)’s own

employees) or riot, commotion, or disorder or use or occupation by the Employer of any

portion of the works in respect of which certificate of completion has been issued or a

cause proven to be solely due to the Engineer-in-charge decision or any such operation

of the forces of nature as reasonable foresight and ability on the part of the contractor (s)

could not foreseen or reasonably provide against ( all of which are herein collectively

referred to as to as the excepted risks”).

39. Insurance of Works Etc:

The contractor (s) shall insure in the joint names of the Board and the contractor (s) against

all risks of whatever nature viz., all losses or damages from whatever cause arising (other

than the except risks) for which he is responsible under the terms of the contract and in

such manner that the Board and contractor (s) are covered during the period of execution

of the works for any loss or damage, occasioned by the contractor (s) in the course of any

operation carried out by him for the purpose of complying with his obligations. The said

insurance shall cover the following:

a. The works and the temporary works to the full value of such works executed from

b. The materials, berths, HMCs, Material handling equipment, constructions on the

Terminal and other things brought on to the Terminal by the contractor (s) to the full

value of such materials, berths, HMCs, Material handling equipment, constructions

on the Terminal and other things brought on to the Terminal , such insurances shall

be effected with an insurer and in terms approved by the Board (which approval shall

not be unreasonably withheld) and the contractor (s) shall whenever required

produce to the Engineer-in-charge or his representative the policy or policies of

insurance and the receipt for payment of current premiums provided always that

without limiting his obligations and responsibilities as aforesaid nothing in this

clause contained shall render the contractor (s) liable to insure against the necessity

for the repair or reconstruction of any work constructed with materials or

workmanship not in accordance with the requirements of the contract.

c. If the insurance policies do not take care of any of the risks identified or part of the

work involved, the contractor (s) shall indemnify the Board suitably against such risks

40. Damage to Persons and Property:

The contractor(s) shall (except if and so far as the specification provides otherwise)

indemnify and keep indemnified DPA against all losses and claims for injuries or damages

to any person in the employment of DPA or any property of DPA whatsoever (other than

surface other damage to land or crops being in the site suffered by tenants or occupiers)

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CIVIL ENGINEERING DEPARTMENT

which may arise out of or in consequence of the construction and maintenance of work and

against all claims, demands, proceedings, damages, costs, charges and expenses

whatsoever in respect of or in relation thereto. Provided always that nothing herein

contained shall be deemed to render the contractor(s) liable for or in respect of or to

indemnify DPA against compensation or damages for or with respect to:

a. The use or occupation of land by the works or any part thereof or (save as hereinafter

provided) surface or other damage as aforesaid.

b. The right of DPA to construct the works or any part thereof on / over/ under / in or

through any land.

c. Interference whether temporary or permanent with any right of Airway or water or

other easement or quasi easement which is the unavoidable result or the

construction of the works in accordance with the contract.

d. Injuries or damage to persons or property resulting from any act of neglect done or

committed during the currency of the contract of DPA his agents, servants or other

contractor (s) (not being employed by the contractor (s)) or for in respect of any

claims, demands, proceedings, damages, costs, charges and expenses in respect

thereof in relating thereto.

e. Provided further that for the purpose of this clause the expression “the site” shall be

deemed to be limited to the area defined in the specification or shown on the

drawings in which land and crops will be disturbed or damaged as an inevitable

consequence of the carrying out of the works.

1. Before commencing the execution of the works the Contractor (s) (but without limiting his

obligations and responsibilities under Clause-9 hereof) shall insure against any damage

loss or injury which may occur to any property (including that of DPA) or to any person

(including any employee of DPA) by or arising out of the execution of the works or

temporary works in the carrying out of the Contract (i.e. including maintenance period).

2. Such insurance shall be effected with an insurer and in terms approved by the Chief

Engineer save and except any accident injury resulting from any act of default of the

Board, his agents or servants and for at least the amount stated in the tender and the

contractor (s) shall, whenever required, produce to the Engineer-in-charge or his

representative the policy or policies of insurance and the receipts for payment of the

current premiums.

3. DPA shall not be liable for in respect of any damages or compensation payable at Law

in respect or in consequence of any accident or injury to any workmen or other persons

in the employment of the Contractor (s). The Contractor (s) shall indemnify

and keep indemnified D P A against all such damages and compensation (save

and except) as aforesaid and expenses whatsoever in respect of or in relation thereto.

4. The Contractor (s) shall insure against such liability with an insurer approved by the

Engineer-in-Charge (which approval shall not unreasonably withhold) and shall continue

such insurance during the whole of the time and any persons are employed by him on the

works and shall when required produce to the Engineer-in-Charge or his representative

such policy of insurance and the receipt for payment of the current premium.

DEENDAYAL PORT AUTHORITY

CIVIL ENGINEERING DEPARTMENT

5. If the Contractor (s) shall fail to effect and keep in force the insurance referred to in Clause-

7 to 10 hereof any other insurances which he may be required to effect under the terms of

the contract then and in any such case the Board may effect and keep in force any such

insurance pay such premium or premiums as may be necessary for that purpose and from

time to time deduct the amount so paid by the Board as aforesaid from any monies due or

which may become due to the Contractor (s) or recover the same as a debt due from the

Contractor (s).

6. The Security Deposit will be released on satisfaction of maintenance period. The Authority

for release of Bank Guarantee is Executive Engineer (H).

7. Notwithstanding anything contained in the contract.

i. The Contractor (s) shall be under no liability whatsoever whether by way of indemnity

or otherwise for or in respect of destruction of or damage to the works or temporary

works or to property whether of DPA or third parties or for in respect of injury of loss

of life which is the consequence whether direct or indirect of war hostilities (whether

war be declared or not) invasion act of foreign enemies rebellion revolution

insurrection of military or usurped power civil war (otherwise than among the

Contractor (s)’s own employees or riot, commotion or disorder (hereinafter

comprehensively referred to as “the said special risks”).

ii. If the works or temporary works or any materials (whether for the former or the later)

on or near shall sustain destruction or damage by reason of any of the said special

risks, the Contractor (s) shall nevertheless be entitled to payment for any permanent

work already certified.

iii. Destruction, damage, injury or loss of life caused by the explosion or impact

wherever and whenever occurring of any mine, bomb, shell, grenade or other

projectile, missile, ammunition or explosive of war shall be deemed to be

consequence of the said special risks.

iv. The Port Authority shall repay to the Contractor (s) any increased cost of the

incidental to the execution for the works (other than such as may be attributable to

the cost of reconstructing work condemned by the Engineer-in-Charge due to faulty

specification and improper workmanship prior to the occurrence of any special risk

which is however attributable to or consequent on or the result of or in any way

whatsoever connected with the said special risks (subject however to the provision

in the clause hereinafter contained in regard to outbreak of war). But the Contractor

(s) shall as soon as any such increase of cost shall come to his knowledge forthwith

notify the Engineer-in-Charge thereof in writing.

v. If during the currency of the contract there shall be an outbreak of war (whether war

is declared or not) in any part of the work which whether financially or otherwise

materially affects the execution of the works the Contractor (s) shall unless and until

the contract is terminated, under the provisions contained in this Clause use his best

endeavours to complete the execution of the works provided always that the Board

shall be entitled at any time after such outbreak of war to terminate this contract by

giving notice in writing to the Contractor (s) and such notice being given this contract

DEENDAYAL PORT AUTHORITY

CIVIL ENGINEERING DEPARTMENT

shall (save as to the right of the parties under this clause and to the operation of

arbitration clause) terminate but without prejudice to the rights of either partying

respect of any antecedent break thereof.

vi. If the Contract shall be terminated under the provisions of the last proceeding sub

clause, the Contractor (s) shall with all reasonable dispatch remove from the site all

constructional Terminal.

vii. If the contract shall be terminated as aforesaid the Contractor (s) shall be paid by

DPA (in so far as such amounts or items shall not have already been covered by

payments on account made to the Contractor (s) for all work executed prior to the

date of termination at the rates and prices provided in the contract and in addition:

viii. The amounts payable in respect of any preliminary items so far as the work or serve

comprised therein has been carried out or performed and proper portion as certified

by the Engineer-in-Charge of any such items the work of service comprised in which

has been partially carried out or performed.

ix. The cost of materials of good reasonably ordered for the works or temporary works

which shall have been delivered to the Contractor (s) or of which the Contractor (s)

is legally liable to accept delivery (such materials or goods becoming the property of

DPA upon such payment being made by him).

x. A sum to be certified by the Engineer-in-Charge being the amounts of any

expenditure reasonably incurred by the Contractor (s) in the expectation at

completing the whole of the works in so far as such expenditure shall not have been

covered by the payments in this sub clause before mentioned.

xi. The reasonable cost of removal under sub-clause (6) of this clause and (if required

by the Contractor (s)) return thereof to the Contractor (s)’s main Terminal yard or to

any other destination at no greater cost.

xii. The reasonable cost of repatriation of all the Contractor(s)’s staff and workmen

employed on or in connection with the works at the time of such termination.

Provided always that against any payments due from the Board under the sub clause

the Board shall be entitled to be credited with any outstanding balances due from

the Contractor (s) for advance in respect of Terminal and materials and any such

previously paid by the Board to the Contractor (s) in respect of the execution of the

The bidder may please note that the specifications mentioned in the tender document are

indicative only. All the material, equipment offered and used in the execution of the work

shall be suitable for sustained service in a marine atmosphere and cyclone prone

In the event of repeated failure of any component or material or fitting, within the warranty

period , it shall be treated as failure on the part of the Contractor and the Contractor shall

have to promptly rectify the same at his own cost failing which DPA shall have the right to

recover the cost from any other outstanding amount of the Contractor lying with DPA and /

or any amount that may become due to the Contractor and the Contractor shall be debarred

to participate in any of the tender of DPA in future.

DEENDAYAL PORT AUTHORITY

CIVIL ENGINEERING DEPARTMENT

All the manuals shall be sufficiently informative so as to smoothly carry out operation and

maintenance after the work is completed and accepted by DPA. Two sets of draft manuals

shall be submitted by the Contractor, within 15 days of acceptance of the work, for approval.

DPA may make observations to improve the standard of the manual and the Contractor,

after incorporating the changes in the manuals, shall submit 4 sets of the final copy for

acceptance by DPA. Two set of soft copies of the accepted version of the manuals shall be

supplied by the Contractor in CDs. The following guide lines may be followed by the

Contractor for preparation of the manuals.

Operation Manual: The manual must cover, inter alia, the principal features of the machine

/ equipment / system, as applicable, the control philosophy used, pre-starting checks,

starting procedures, checks to be made during operation, stopping procedures, DO’s and

DON’T’s, trouble shooting, emergency procedures, safety trips etc.

Maintenance Manual: The manual must include, inter alia, important maintenance

procedures, preventive maintenance schedule, Lubrication Chart, various tolerance limits

and list of special tools. The maintenance manual must contain dismantling and assembling

procedures of important components clearly showing positioning of special tools, fixtures,

measuring instruments etc. with diagrams.

Spare Parts Manual: The manual must contain, inter alia, spare parts details such as

drawing no., part no, specifications of all the assemblies. For bought out items, the cross

sectional drawings giving details of parts, dimensions etc. has to be supplied to DPA. The

bearing nos and oil seal nos of all the bearings and oil seals used in the work must be listed

clearly giving their make and the location where used.

42. Site Safety & Environment Protection:

The Contractor, during the execution of the work, shall be solely responsible for complying

all the statutory requirements of Government bodies or any statutory bodies with respect to

site health, safety and environment.

43. Quality Assurance Plan, Inspection and Testing: Quality Assurance Plan:

The Contractor shall submit a quality assurance plan (QAP) for acceptance by the

Purchaser before commencement of the work. The QAP shall, contain:

 List of the tests and inspections proposed to be done to ensure quality.

 List of the standards to be followed for execution of the work as well as tests and

 One set of the standards to be followed for the execution of the work / test and

inspection shall have to be submitted, by the Contractor along with the QAP for

reference, to DPA within 30 days of issue of LOA.

44. Inspection & Test:

1. The Contractor shall submit an inspection plan compatible with the QAP. The test

and inspection report shall contain the description of the part / component /

DEENDAYAL PORT AUTHORITY

CIVIL ENGINEERING DEPARTMENT

equipment, the date and place of testing, the standard followed for conducting the

test, the actual test result recorded and the allowable limits, the name and

designation and signature of the Contractor’s representative, DPA’s representative

and Third Party representative who witnessed the test. The test report shall be

forwarded to DPA within 15 days of completion of the test for record and reference.

2. DPA reserves the right to subject any part / component / equipment for re-test and

on written instruction from DPA, the Contractor shall arrange for the re-test and the

cost shall be reimbursed by DPA as per actual, only if the test results are satisfactory.

In case of unsatisfactory test results, the part / component / equipment shall be

rejected and the Contractor shall be responsible for replacement of the item at his

own cost and also bear the cost of the re-test.

3. The Contractor shall inform DPA, at least 7 days in advance, about the inspection /

tests planned for and assist DPA in witnessing the same, if so desired by DPA.

4. DPA’s right to inspect, test and, where necessary, reject the Goods after the Goods’

arrival in DPA’s premises shall in no way be limited or waived by reason of the Goods

having previously been inspected, tested and passed by DPA or its representative

prior to the Goods’ shipment from the place of origin.

5. The Contractor shall submit an Inspection and Test Plan (ITP) before

commencement of the work and it should inter-alia cover the following:

a. Identifications of tests/inspections to be conducted during execution of the

b. Hold points and witness points.

c. The list of records to be maintained.

6. Hold Points: Means a position in the execution beyond which work shall not proceed

without mandatory verification and acceptance by DPA or his representative.

7. Witness Points: Means a position in the execution where DPA may exercise it’s

option to witness some tests for acceptance.

45. Third Party Inspection:

The Contractor shall avail the services of a third party, acceptable to DPA, if required as

per the contract, and bear the cost of the Third Party inspection. The responsibility of the

third party shall, inter alia, be to ensure and certify that the work is being executed as per

the relevant standards as given in the approved QAP. DPA reserves the right to replace the

Third party during the execution of the Contract if the third party inspection is not

satisfactory. Additional cost, if any, for such change shall have to be borne by the

In case of any technical dispute between the purchaser and the contractor in connection

with design, construction, erection, testing etc, the matter shall be referred to the third party

for a reasoned decision which shall be reviewed by DPA.

46. Time is the Essence of the Contract:

DEENDAYAL PORT AUTHORITY

CIVIL ENGINEERING DEPARTMENT

Time is the essence of the contract and the Contractor shall ensure that all the obligations

under the contract are completed within the agreed time schedule. The Contractor shall be

solely responsible for all the delays including the delays caused by it’s vendors. In case of

delay in progress of the works, DPA reserves the right to withhold the payment, cancel the

Contract unilaterally or complete the work by DPA or by engaging another

Contractor/Agency at the cost and risk of the Contractor.

47. Contractor’s Obligation:

1. All the materials and works, including labour, required to complete the work

satisfactorily is covered under the scope of the Contractor.

2. It shall be the responsibility of the Contractor to ensure that the persons engaged

for the work are clear from Security angle.

3. Contractor shall nominate an Authorised Representative for carrying out all the

transactions with DPA including receipt of payment.

4. The Contractor, at his own cost, shall be solely responsible for the following:

a. To pay all the taxes, duties, cess, fees, levies and all other dues imposed by

any authority in India or abroad as the case may be.

b. To execute the work with due diligence, efficiency and in conformity with

sound engineering, administrative and financial practices to protect the

interest of the Purchaser.

c. To follow metric system and follow the latest design criteria and ensure that

the design is suitable for the intended purpose, even though the GA Drawings

are approved by DPA.

d. To co-ordinate with outside agencies for obtaining permission / approval /

clearances etc. that may be required to execute the work.

e. To extend all reasonable opportunities to other Contractors employed by the

Purchaser for carrying out their work.

f. To keep the work site free from obstruction.

g. To maintain site account of materials, including the departmental supply,

clearly indicating relevant information such as description of the material,

source, date of delivery at site, date of consumption at site. The Contractor

shall forward a copy of monthly site account of materials to the Engineer in

Charge at the end of every month. On completion of the work under the

contract, the Contractor shall submit to the Engineer in Charge a copy of the

site account of the materials from the date of commencement to date of

acceptance. The Contractor shall also maintain hindrance register, site

instructions register, complaint register and daily progress monitoring register

and the EIC shall verify the registers as and when required and sign the same,

duly recording his remarks.

h. To arrange for transport, RFID passes, gate pass, accommodation, medical

facility etc. for the work men deployed under this contract at his own cost.

DEENDAYAL PORT AUTHORITY

CIVIL ENGINEERING DEPARTMENT

48. Vendor List:

The Contractor, must submit a vendor list of reputed makers for various components /

bought out items which is going to be followed for execution of the work.

49. Scrap Disposal:

Unless otherwise specified, scope of the contractor for the scrap disposal is as under: In

case of repair and/or replacement and /or maintenance contracts/or operation/or

maintenance/ scrap generated during execution shall be the property of DPA.

50. Undertaking by the Bidders:

The bidders shall give an undertaking that they have not made any payment or illegal

gratification to any person / authority connected with the bid process so as to influence the

Process and have not committed any offence under the Prevention of Corruption Act (PC

Act) in connection with the bid.

51. Disclosure by the Bidder:

The bidder shall disclose any payment made or proposed to be made to any intermediaries

(agents etc.) in connection with the bid.

52. Integrity Pact:

For every work / procurement / contract the value of which is Rs.5 Crores and above, the

integrity pact agreement format as given at Appendix-VI shall form a part of the tender

document. The filled in & signed Integrity pact as per Appendix-VI shall be prepared in Non-

judicial stamp paper and submitted in original along with Technical bid in case of

conventional tender by all the participating bidders . In case of e-tendering, scanned copy

of filled in & signed Integrity pact as per Appendix-VI prepared in Non-judicial stamp paper

shall be uploaded along with technical bid and the original shall be submitted to Notice

Inviting Tender Authority within 7days of opening of tender by all the participating bidders.

The Integrity pact signed by the Purchaser and the bidder (successful bidder- Contractor)

shall be made part of contract agreement.

53. Electrical Works:

Since this being a combined work of Mechanical, Civil and Electrical, the electrical portion

of the works shall be executed through a person / contractor holding a valid A or B grade

electrical license issued by Electrical Licensing Board or any other Statutory Authority to

work in Gujarat.

a. Execution of Work:

a. The work executed by the firm shall be in adherence to Electricity rules framed by

State Govt. / Central Govt. / or any other Statutory authority from time to time.

b. The works shall be executed with skilled workmen, under the supervision of qualified

supervisors. During the execution period, the Contractor should produce such

evidence of qualifications of his workmen/supervisors on demand by the Engineer-

DEENDAYAL PORT AUTHORITY

CIVIL ENGINEERING DEPARTMENT

c. The Substations shall be equipped with qualified Supervisions, Electricians as per

the site requirement as directed by Engg-in-charge.

d. All the equipment’s in the Terminal should have qualified supervisors and electricals

and technicians.

1. Submission of Daily Log sheets: The contractor should submit the daily log sheets to the

Engineer-in-Charge for approval. No work shall be allowed to commence without proper

knowledge and approval.

2. Programme of Work: The programme of work, commencement and Completion Report

shall be submitted.

3. Material Packing: The principle equipment shall be brought to the site by the contractor

in original packing with the seal intact and shall not be installed unless approved by the

Engineer-in-Charge.

4. Clarification: The decision of Engineer-in-Charge is final in case of any technical

clarifications.

5. Quantity: The quantities indicated in the Tender Schedule are tentative and may very

according to the prevailing site conditions.

6. Awarding of Work: The entire work may be awarded in full or in part, at the discretion of

the Engineer-in-Charge.

7. Cancellation of Item: The department reserves the right to cancel the execution of some

items of works at any time during the execution period. No claim by the contractor on this

account and due to variation of any particular items will be entertained.

8. Damage to Property: Any damage to the Port property shall be rectified by the contractor

at his own cost and time

9. Brands of the Materials: The brand of materials offered in the tender should be clearly

specified by the contractor and shall be bought from the manufacturer/authorized dealer

only. The Dealership certificate / delivery challan is to be submitted on demand.

10. Obstruction to Working Staff: The contractor should see that no obstruction is caused to

the normal working staff, consumers, etc., in the vicinity.

11. Security Arrangements: The contractor should make his own security arrangements till

the work is handed over to the department.

12. Arrangements Pertaining to the Contract Work: The firm has to make his own

arrangements for erection, dismantling, transportation of heavy materials (viz.,

structures, equipments) pertaining to the contract work.

13. Tools & Terminals: The contractor has to bring the required tools and Terminals for the

execution of work.

14. Safety Measures: The contractor is responsible for taking precautionary measure for the

safety of workmen working under him. In this direction, the contractor has to engage an

Engineer/Supervisor with adequate knowledge and experience for ensuring safety of the

DEENDAYAL PORT AUTHORITY

CIVIL ENGINEERING DEPARTMENT

workmen and also for himself while executing the subject work. In case of occurrence of

any mishap/accidents, the entire responsibility lies with the contractor only, towards

treatment of the injured or/and for payment of any compensation to the injured/deceased

employee of the contractor.

15. Working of Extra Hours: The Contractor should apply in writing well in advance for

carrying out the work beyond Port working hours to arrange port supervision.

16. Supply of Indigenous Materials: All materials shall be of indigenous make, meeting the

specifications for the particular works.

17. Position of Fixtures: The position of fixtures shall be indicated by the Engineer-in-

18. Rectification of Defects: All defective works observed / pointed out by the Engineer-in-

charge shall be rectified free of cost during the guarantee period.

19. Issue of Power Shut-Down: Shut-down of power/supply can only be given on written

requisition at the convenience of the department.

20. Cost of Labour and Materials: The rates quoted by the contractor should be inclusive of

the cost of all labour and materials etc., unless and otherwise specified.

21. Non-Payment for Increased Rates: No claim for any increase in rates of the materials will

be entertained by the department.

22. Stacking of Materials: The materials shall be stacked in such a way that no obstruction

is caused to the movement of traffic in those areas.

23. Inspection of Works: the SE(E/M)/AXE (E/M) or any other authorized representative shall

have the right to inspect the electrical works in progress during the contract period.

24. New Taxes: Any new taxes imposed by the Government related to this work (O&M

Services) during the contract period will be reimbursed upon claim, by the firm subject to

submission of evidence.

54. Clearance for Excavation:

Service lines such as Electricity Cables, Fibre Optic I.T. Cables, water supply lines, sewage

& drainage pipes, Tele-communication cables etc. are embedded in the port roads, road

side berms, hard surface areas, pavements, etc. The Fibre Optic I.T. Cable is very costly

and if damaged, required replacement of full length. The contractor, therefore, before

commencing excavation, shall seek the specific clearance of the locations proposed for

excavation. Notwithstanding such approval, he shall be responsible to take necessary

precautions by way of deploying suitable means and restraint to avoid damage to any of

the service lines. In case of any damage caused during excavation or subsequently during

the progress of the work, he should replace/ repair the cables/service pipelines, etc., as

required at his cost, failing which a recovery as evaluated by the E.I.C. would be made from

55. The tenderers shall return all the drawings issued along with the Tender schedules, duly

signed, in token of having studied them.

DEENDAYAL PORT AUTHORITY

CIVIL ENGINEERING DEPARTMENT

56. Applicable Laws:

Contractor has to comply with QMS (ISO9001-2015), EMS (ISO 14001-2015), OHSMS

(ISO 45001-2018 and ISPS norms 2007 of DPA.

The contractor shall comply with the provisions of all the Acts, Laws, any regulation or Bye-

Laws of any Local or other Statutory Authority applicable in relation to the execution of the

works, such as but not limited to:

i. Payment of Wages Act, 1936 (Amended).

ii. Minimum Wages Act, 1948 (Amended).

iii. The Contractor Labour (Regulation & Abolition) Act, 1970 with Rules framed

there under as amended.

iv. Workmen Compensation Act, 1923, as amended by Amendment Act No.65 of

v. Purchaser’s Liability Act, 1938 (Amended).

vi. Maternity Benefit Act, 1961 (Amended).

vii. The industrial Employment (Standing Orders) Act, 1946 (Amended).

viii. The Industrial Disputes Act, 1947 (Amended).

ix. Payment of Bonus Act, 1965 and Amendment Act No.43 of 1977 and No.48 of

1978 and any amendments thereof.

x. Employees Provident and Misc. Provision Act, 1952 including FPS- 71/EPS-95.

xi. The statutes, rules, regulations as may be prevalent in the State of Gujarat.

xii. The Personal Injuries (Compensation Insurance) Act, 1963 and any

modifications thereof and rules made there under from time to time. The

contractor shall take into account all the above said financial liabilities in his quoted

rates and nothing extra, whatsoever, shall be payable to him on this account.

57. Legal Requirements / Acts:

The contractor should comply with the following legal requirements/ Acts (wherever

i. The Environment (Protection) Act & Rules 1986 as amended up to

ii. The Hazardous Waste (Management & Handling) Rules 1989 as amended up to

iii. Manufacture, storage and import of Hazardous Chemicals Rules 1989 as

mentioned up to

iv. The Noise Pollution Regulations & Control Rules 2000 as amended up to

v. The Batteries (Management and Handling) Rules

vi. Factories Act – 1948 & Factory Rules as amended up to

vii. Motor Vehicle Act1988 and Motor Vehicle Rules 1989 as amended up to

viii. The Petroleum Act 1934 and the Petroleum Rules

ix. The Gas Cylinder Rules

DEENDAYAL PORT AUTHORITY

CIVIL ENGINEERING DEPARTMENT

x. The Gandhidham Municipal Corporation Act-1979 as amended

xi. Fire Protection Facilities for Port Oil Terminals OISD (Oil industry Safety

Directorate) guidelines

xii. DPA (Transport, Handling& Storage of dangerous goods) Regulations 1992 as

amended up to 1999).

xiii. The Water (Prevention & Control of Pollution) Act 1984 & Rules1975 as amended

xiv. The Air (Prevention and Control of Pollution Act 1981) and Rules 1982 as

xv. Railway Regulations

xvi. Indian Railway Track Design & Manufacture.

xvii. South Indian Railway Accident manual

xviii. The Radiation Protection Rules 1971 as mentioned upto

xix. Explosives Act- 1884 as amended up to

xx. Electricity Act 2003 with the rules.

xxi. Solar Regulations 1974 as amended up to

xxii. Marpol Regulations 73/78 with the Annexure (I, II, III, V & VI) as amended up to

58. Workmanship:

Standard: A high standard of workmanship in all trades will be required. The contractor(s)

shall ensure that Senior Officers, Engineers, Workman (skilled and unskilled)

including Marketing Staff and experienced trade men are employed.

Terminal: The contractor (s) shall be responsible for Operating and Maintenance of the

entire in the Terminal including the berth and its accessories for trouble free operations.

The Engineer-in-charge may direct that Terminal which is not efficient and prejudicial; to

the quality of the work be removed from the site and replace by Terminal to his satisfaction.

Supervision: The contractor (s)’s supervisory staff shall be fully experienced in the type of

work being carried out under their supervision and capable of ensuring that it is done well

and efficiently.

Temporary Works: Where required, the contractor (s) shall furnish such details of his

temporary works as may be called for by the Engineer-in-charge and the contractor (s) shall

satisfy the Engineer-in-charge as to their safety and efficiency. The Engineer-in- charge

may direct that temporary works which he considers unsafe or inefficient shall be removed

and replaced in satisfactory manner.

DEENDAYAL PORT AUTHORITY

CIVIL ENGINEERING DEPARTMENT

GENERAL DIRECTIONS AND CONDITIONS OF CONTRACT

1. All works proposed for execution by the contract will be notified in the form of invitation

to tender posted in DPA website and n-procure and signed by the Executive Engineer

(H), Deendayal Port Authority. This form will state the work to be carried out, as well as

the date for submitting and opening tenders and the time allowed for carrying out the

work also the amount of earnest money to be deposited with the tender and the amount

of the Security Deposit is to be deposited by the successful tenderer and the percentage

if any to be deducted from bills, copies of the specifications, designs and drawings and

any other documents equipped in connection with the works signed by for the purpose

of identification by the Executive Engineer (H) Deendayal Port Authority shall also be

open for inspection by the Contractor at the Office of the Executive Engineer (H),

Deendayal Port Authority during office hours.

2. In the event of the tender being submitted by a firm, it must be signed separately by each

member, thereof, or in the event of the absence of any matter it must be signed on his

behalf by a person holding a power of attorney authorizing him to do so, such power of

attorney to be produced with the tender and it must disclose that the firm is duly

registered under Indian Partnership Act.

3. The Board shall have the right of rejection all or any of the tenders and will not be bound

to accept the lowest tender.

4. On completion of the work, the Contractor shall be responsible for handing over of the

Project Facilities & Services including berth and connected Infrastructure and Associated

berth along with all Civil / Mechanical / Electrical Infrastructure in good working conditions

post completion of the Contract Period. The Contractor should ensure that the handed

over equipment are free of any damages/repairs. Any repairs/breakdowns

noticed/observed in the Terminal and machinery post completion of the contract period

and not rectified by the Contractor, the cost for the same shall be recovered duly

encashing the Additional Guarantee submitted.

The Contractor has to handover the assets of DPA duly conducting condition survey in

presence of DPA personnel / DPA appointed consultant, after completion of the contract

period. The Contractor shall be furnished with a certificate by the Engineer-in-Charge of

such completion but no such certificate shall be given nor shall the work be considered

to be completed until the Contractor hand overs the entire Project Facilities & Services

in good working condition.

DEENDAYAL PORT AUTHORITY

CIVIL ENGINEERING DEPARTMENT

CLAUSE 7: Payment Terms:

The payment to the contractor shall be carried out by CIVIL Engineering Department and

will be made as per the following terms:

i. The contractor shall be paid for the overall comprehensive services (end to end

services) rendered by them on monthly tonnage basis, i.e., rate per tonne quoted,

as per the certification of the Traffic Department along with certification of the

monthly reports.

ii. Payment shall be released on submission of Tax Invoice as per GST Rules on

certification of the volumes by Traffic Department.

iii. “The rates quoted by the contractor shall be deemed to include all expenses in

handling bulk cargo in the terminal (end to end services, right from vessel

nomination, handling of cargo in the Terminal to the discharge of cargo through

rail/road including railway charges) including payment of applicable wages rates to

the labour as and when revised in compliance with the statutory regulation”.

CLAUSE 8: BILLS TO BE SUBMITTED

A bill shall be submitted by the Contractor every month on or before the date fixed by the

Executive Engineer (H) for the work executed.

CLAUSE 9: BILLS TO BE PRINTED FORMS

The Contractor shall submit bills on the printed forms to be had on application at the Office

of the Executive Engineer (H)and the charges in the bills shall always be entered at the

rates specified in the tender.

CLAUSE 10: DELETED

CLAUSE 11: WORKS TO BE EXECUTED IN ACCORDANCE WITH THE SCOPE OF WORK

INCLUDING STANDARD OPERATING PROCEDURES, SPECIFICATION AND DRAWINGS

The Contractor shall execute the whole work as per the scope of the tender including all

terms & conditions in the most substantial and workmen like manner and both as regards

materials and otherwise in every respect in strict accordance with the specifications.

CLAUSE 12: DELETED

No compensation for alteration or restriction of work to be carried out:

If at any time after the commencement of the work the board shall for any reason what– so-

ever, not required the whole there of as specified in the tender to be carried out the

Engineer-in–charge shall given notice in writing of the fact to the contractor who shall have

no claim to any payment or compensation whatsoever on account of any profit or advantage

which might have derived from the execution of the work in full, but which he did not derive

in consequence of the full month of the work not having been carried out neither shall be

have any claim for compensation by reason of any alternations have been made in the

original specifications, drawings designs, and instructions which shall involve any

DEENDAYAL PORT AUTHORITY

CIVIL ENGINEERING DEPARTMENT

curtailment of the work as originally contemplated.

It shall appear to the Executive Engineer (H) or his subordinate in-charge of the work, that

any work has been executed with unsound imperfect or unskillful workmanship or with

materials/Equipment if any, inferior description or that any materials/Machinery/Equipment

of articles provided by him for the execution of the work are unsound or of a quality inferior

to that contract, the contractor shall on demand, in writing from the Executive Engineer (H)

specifying the work materials, or articles complained of notwithstanding that the same may

have been inadvertently passed, certified and paid for, forthwith rectify or remove the

materials/Machinery/Equipment as specified and provided other proper and suitable

materials/Machinery/Equipment at his own proper change and cost, and in the event of his

failing to do so when a period to be specified by the Executive Engineer (H) his demand

aforesaid then the contractor shall be liable to pay compensation at the rate of 1% on

the amount of estimate for every day to exceeding 10 days, while his failure that Executive

Engineer (H)s may rectify with others, the materials/Machinery/Equipment complained of

as the case may be at the risk or expense in all respects of the contractor.

Works be open to inspection contractor or responsible agent to be present. All works under

or in course of execution of executed in pursuance of the contract shall at all times be open

to the inspection and supervision of the Executive Engineer (H) and his subordinate and

the contractor shall at all times during the usual work hours and at all other times at

which reasonable notice of the intention of the Executive Engineer (H) or his subordinate

to visit the works shall have been given to be contractor, either himself be present or

receive orders and instructions or have a responsible agent duly accorded in writing,

present for that purpose. Order given to the contractor’s agent shall be considered

to have the same a force as if they had been given to the contractor himself.

CLAUSE-16: DELETED

The Contractor is liable for any damages done to the assets handed over by the Port

Authority for carrying out of Operations & Maintenance work as specified more clearly under

the scope of the Contract.

In the contract his work people or servants shall break, injure or destroy any part of

Structure, in which they may be working or any building road, road curbs, fence,

enclosures, water pipes, cables, drains, electric or telephone posts or wires, trees, grass or

grass land or cultivated ground continuous to the premises in which the work or any part of

it is being executed or if any damage shall happen to the work while in progress, from any

cause whatever or any imperfections become apparent. After a certificate final or

other of its completion shall have been given by the Executive Engineer (H) as aforesaid,

the contractor shall make the same good at his own expense, or in default, the Executive

Engineer (H) may cause the same to be made good by the other workmen and deduct the

expense (of which the certificate of the Executive Engineer (H) shall be final) from any sums

that may be then, or at a time there after may become due to the contractor, or from his

DEENDAYAL PORT AUTHORITY

CIVIL ENGINEERING DEPARTMENT

security deposit or the proceeds of sale, thereof or of a sufficient portion thereof, the

security deposit of the contractor shall not be refunded before the expiry of twelve months.

Contractor to supply Terminal ladders scaffoldings etc.

The Contractor shall supply at his own cost materials (except such special materials if any,

as many in accordance with the Contract be supplied from the stores, cordage, Terminal,

tools appliances implements, ladders, tackle, scaffolding and temporary works requisite or

proper for the proper execution of the work whether original altered or substituted and

whether including in the Specification or other documents forming part of the contract

preferred to in these conditions, or not, on which may be necessary for the purpose

satisfying or complying with the requirements of the Executive Engineer (H) as to any matter

as to which under these conditions he is entitled to be satisfied or which he is entitled to

require together with carriage therefore, to and from the work. The contractor shall also

supply without charge the requisite number of persons with the means and materials

necessary for the purpose of setting out work, and counting weighting and assisting in the

measurement or examination at any time and from time to time of the work or materials.

Failing his so doing the same may be provided by the Executive Engineer (H) at the purpose

of the contractor and the expenses, may be deducted from any money due to the contractor

and the contract or from his security deposit of the proceeds of same thereof, or of a

sufficient portion thereof. The Contractor shall also or vide all necessary facing and lights

required to protect the public from accidents and shall be found to be a the expenses of

defense of every suit, action or other proceedings at law that may be brought by any person

for injury sustained owing to neglect of the above precautions and to pay any damages and

costs which may be awarded in any such suit, action or proceedings to any such persons

of which may with the consent of the contractor be paid to compromise any claim by any

CLAUSE –18 ‘A’:

In every case in which by virtue of the provision of section-12 sub-section (1) of the

workmen’s Compensation Act, 1923 Government is obliged to pay Compensation to

workmen employees by the contractor in execution of the works Board will recover from

the contractor the amount of the Compensation so paid, and without prejudice to the rights

of Board under section12, sub-section-2 of the said Act Board shall be at liberty to recover

such amount of the Part there of by deducting it from the Security deposit or from any time

due to or otherwise Board shall not be bound to contest any claim made against it under

section-12, sub-section (1) or the said Act, except on the written request of the contractor

and upon his giving to board full security for almost for which Board might become liable in

consequences of contesting such claim.

CLAUSE –19 (1):

The contractor shall provide all facilities as provided under contract labour (Regulation and

Abolition Act) 1970 and other Central / State enactments and shall be responsible for

violation of any of the same.

DEENDAYAL PORT AUTHORITY

CIVIL ENGINEERING DEPARTMENT

CLAUSE –19 (a):

a. In respect of all labour directly or indirectly employed in the works for the

performance of the contractor’s part of this agreement the Contractor Labour

(Regulation and Abolition) Act, 1970 and (herein after called the said Act) and

Central rules made there under by Government of India and any other Act, Rules

and Regulations made by the Central or State Government and such other rules and

regulations made applicable by the Board from time to time in regard to payment of

wage, wage period deductions from wages, recovery of wages not paid and

deduction unauthorisedly made, maintenance of wage registers, wage cards,

publication of scale of wages all terms returns and the maintenance of necessary