Urgent hiring of 02 Nos. of Harbour Mobile Cranes (HMCs) of 100 MT or above capacity & 01 no. of Material Handler of 35 meter or above reach on Revenue sharing basis for a period of 12 years, extendable by 03 years at DPA

opening of the Technical Bid, failing which Bid of the Bidder shall

be treated as disqualified.

 In case of partnership firm IP agreement to be signed by all the

partners of Partnership firm.

 In case of limited company IP agreement to be signed by

authorized signatory as per POA duly supported with Boards

 In case of JV firms IP agreement to be executed and submitted in

the name of the JV and all the parties of JV to sign and stamp the

agreement, in preliminary bid stage.

Copies of partnership deed, power of Attorney, Board resolution etc.

shall be submitted at preliminary bid stage. Failing in submission of

IP agreement as per above requirement, bids shall be treated as non-

responsive and shall be rejected.

Site Visit Form The bidder must carry out site visit prior to bid and submit the

Site visit form (Section VI). In absence of duly signed and filled site

visit form bid will be considered as non-responsive.

Bid document 27/11/2025

downloading start date

Bid document 11/12/2025 at 1600 hrs.

downloading end date

Date and place of pre-bid 15.00 hours on 0 5 .12.2025 at new Board Room, Administrative

meeting Office Building, Deendayal Port Authority, Gandhidham – Kachchh,

Late date and time for 11/12/2025 at 1600 hrs.

online submission of bids

Bid validity period 120 days from the date of opening of preliminary bid.

First stage (Preliminary) bid The bid / Tender not accompanied with Tender fee, EMD, duly filled

qualification Conditions Integrity Pact and duly filled Site Visit Form in Preliminary Bid shall

not be considered responsive, and their technical and price bid will

In case of Micro and Small Enterprise (MSEs) holding valid Udyam

Registration Certificate issued by Ministry of Micro, Small and

Medium Enterprises indicating the list of activity related to the

subject tender as per National Industrial Classification-2008

mentioned below, only shall become eligible for exemption from

payment of tender fee / EMD. Such bidder shall also upload the

scanned copy of valid & relevant certificate on (n) procure website

along with ‘Bid Securing Declaration Form’ (Section VI) in

preliminary bid failing which the bid shall be considered non-

NIC code Description

28162 Manufacture of other lifting and handling

equipment and parts thereof

52241 Cargo handling incidental to land transport

52242 Cargo handling incidental to water transport

Pre-Qualification Criteria Similar works means:

The bidder shall fulfill the following pre-qualification criteria:

(i) The bidder must have handled at least 0.8 MMT of dry bulk cargo

/ Break bulk Cargo with 100 Ton (or above) capacity HMC or

Material Handler of minimum 35 meter reach (Container cargo

will be equated at the rate of 14 MT per TEUs) per annum per

offered crane in any sea port / ICD in any one year during the

last 7 years ending on 31.10.2025. In this regard, the bidder is

required to submit a certificate issued by the respective sea port

/ Inland Container Depot.

(ii) Stevedore handled cargo minimum of 0.8 MMT in any sea

Port/ICD per year per HMC or Material handler in any one year

during the last 7 years ending on 31.10.2025. In this regard, the

bidder is required to submit a certificate issued by the respective

sea port / Inland Container Depot.

(iii) OEM/ Authorized dealer/Channel partner of HMC or Material

Handler supplied 100 Ton (or above) capacity HMC or Material

Handler of minimum 35 meter reach, at least for similar nos. of

HMC or Material Handler in any one year during the last 7 years

ending on 31.10.2025, for which bidder is quoting. Bidder shall

submit the purchase order, deliver receipt and successful

commissioning of HMC or Material hander at site by the

buyer/operator/client.

The bidder shall submit the work credentials for single or in any

combination of (i), (ii) & (iii).

The bidder must have average annual turnover of Rs.

crores for each offered HMC or Material Handler during last

three years ending on 31.03.2025 as certified by the

Chartered Accountant with Valid UDIN number. If the

bidder is quoting for more than 01 HMC & Material Handler,

the average Turn over shall be multiplied accordingly.

Bid opening date Technical bid will be opened on 11.12.2025 at 16:15 hrs.

Opening of price bid shall be notified after scrutiny and evaluation

of technical bid.

Contact Email: [email protected]

[email protected]

[email protected]

Contact No.: +91 9825662383 /

NOTE: 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 solution – A division of GNFC LTD., (n) procure cell 403, GNFC Info Tower, SG Road,

Bodakdev, Ahmedabad – 380 054 (Gujarat)

Contact Details:

Reliance: +91-79-30181689 Fax: +91-79-26857321, 40007533 E-mail: [email protected]

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. The bid shall contain no alterations, additions, except those to

comply with instructions issued by the employer.

Submission of bids

Bidders who wish to participate will have to procure / should have legally valid Digital Certificate,

as per Information Technology Act-2000, using which they can sign their electronic bids. The

bidders can procure the Digital Certificate from (n) code solutions a division of GNFC Ltd, who are

licensed certifying authority by Government of India. All bids should be digitally signed. For details

regarding Digital signature certificate and related matters, the below mentioned address should be

contacted: (n) code Solutions, A Division of GNFC, 301 GNFC Info Tower, Bodakdev, Ahmedabad.

Tel. 91 79 26857316/17/18 Fax: 91 79 26857321 E-mail: [email protected]:

The price bid to be submitted online shall be signed digitally by a person OR person duly authorized

to sign on behalf of the bidder.

The accompaniments to the tender documents as described herein shall be scanned and submitted

online along with tender documents. However, the original/attested hard copies, except price bid,

shall have to be forwarded subsequently so as to reach the Executive Engineer (Mechanical),

within 7 days of the opening of the Preliminary bid of the bidder, failing which the tender shall be

considered as non- responsive.

The envelopes containing Bid except Price Bid (Section V) shall be addressed to:

Executive Engineer (Mechanical)

Room No 11, Administrative building, P.B. No.

Deendayal Port Authority

Kutch – Gujarat

The envelopes shall bear the following identification:

Accompaniments for “Urgent hiring of 02 Nos. of Harbour Mobile Cranes (HMCs) of 100 MT or above

capacity & 01 no. of Material Handler of 35 meter or above reach on Revenue sharing basis for a

period of 10 years, extendable up to 02 years at DPA”.

Bid reference No: CME/1894/2025 Name and address of the bidder.

Deadline of submission of the bids

Bids must be received by the licensor in on-line system at website https://kpt.nprocure.com no later

than 16:00 hours on 11/12/2025 in the event of the specified date for the submission of bids

being declared a holiday by the employer, the bids will be received up to the appointed time on the

next working day.

The licensor may extend the deadline for submission of bids by issuing an amendment in which

case all rights and obligations of the employer and the bidders previously subject to the original

deadline will be subject to the new deadline.

At the time of submission of the tender document, the bidder shall give an undertaking that no

changes have been made in document. The uploaded version of the Port Tender Documents on

https://www.nprocure.com will be treated as authentic tender and if any discrepancy is noticed

at any stage between the Port’s tender document and the one submitted by the bidder, the

conditions mentioned in the Port’s uploaded document shall prevail. Besides, the bidder shall be

liable for legal action for the lapses.

Instructions to Bidders (ITB)

1. Deendayal Port Authority (hereinafter referred to as the licensor) invites bids by E-

Tendering from the interested eligible bidder for the work as mentioned in the notice

inviting online tender. All bids shall be completed and submitted on-line in accordance

with instruction to the bidders.

2. Pre-Qualification Criteria:

The bidder shall fulfill the following pre-qualification criteria:

(i) The bidder must have handled at least 0.8 MMT of dry bulk cargo / Break bulk Cargo

with 100 Ton (or above) capacity HMC or Material Handler of minimum 35 meter reach

(Container cargo will be equated at the rate of 14 MT per TEUs) per annum per

offered crane in any sea port / ICD in any one year during the last 7 years ending

on 31.10.2025. In this regard, the bidder is required to submit a certificate issued by

the respective sea port / Inland Container Depot.

(ii) Stevedore handled cargo minimum of 0.8 MMT in any sea Port/ICD per year per HMC

or Material handler in any one year during the last 7 years ending on 31.10.2025. In

this regard, the bidder is required to submit a certificate issued by the respective sea

port / Inland Container Depot.

(iii) OEM/ Authorized dealer/Channel partner of HMC or Material Handler supplied 100 Ton

(or above) capacity HMC or Material Handler of minimum 35 meter reach, at least for

similar nos. of HMC or Material Handler in any one year during the last 7 years ending

on 31.10.2025, for which bidder is quoting. Bidder shall submit the purchase order,

deliver receipt and successful commissioning of HMC or Material hander at site by the

buyer/operator/client.

The bidder shall submit the work credentials for single or in any combination of (i), (ii) & (iii).

The bidder must have average annual turnover of Rs. 15 crores for each offered

HMC or Material Handler during last three years ending on 31.03.2025 as certified

by the Chartered Accountant with Valid UDIN number. If the bidder is quoting for

more than 01 HMC & Material Handler, the average Turn over shall be multiplied

3. Documents Required:

All bidders shall scan and forward legible scanned copies of the following information

anddocuments with their bids.

PRELIMINARY BID

i. Tender Fee & EMD in approved format.

Tender fee of Rs. 5,900/- (including GST) through online transfer in Name of beneficiary:

Deendayal Port Authority, Bank of Baroda, Gandhidham Branch, a/c no.:

IFSC Code: BARBOGANKUT. Scan copy of RTGS no. and date of transfer may be uploaded

on (n) procure website in Preliminary bid.

EMD of Rs. 50,00,000 (Rupees Fifty Lakh Only) through online transfer in Bank of

Baroda, Gandhidham Branch, A/c no.: 10080100022427, IFSC Code: BARBOGANKUT or

in the form of Bank Guarantee or insurance surety bond as per enclosed format at

Section-VI (Form – 14 A). Scanned copy of RTGS transaction receipt (indicating RTGS

no. & date of transfer) or BG to be uploaded on (n) procure website in Preliminary bid.

BG towards EMD issued by Nationalized / Scheduled (except Co-operative) banks having

its branch at Gandhidham is only acceptable.

In case of Micro and Small Enterprise (MSEs) holding valid Udyam Registration

Certificate issued by Ministry of Micro, Small and Medium Enterprises indicating the list

of activity related to the subject tender as per National Industrial Classification-2008

mentioned below, only shall become eligible for exemption from payment of tender fee

/ EMD. Such bidder shall also upload the scanned copy of valid & relevant certificate on

(n) procure website along with ‘Bid Securing Declaration Form’ (Section VI) in

preliminary bid failing which the bid shall be considered non- responsive:

NIC code Description

28162 Manufacture of other lifting and handling

equipment and parts thereof

52241 Cargo handling incidental to land transport

52242 Cargo handling incidental to water transport

ii. Duly filled in Integrity Pact and Site Visit Form:

with sign of owner/ Authorized proprietor /each partner of JVs, sign of one witnesses

with address (to be arranged by the bidder) and Site Visit Form in Section VI.

a) Copies of original documents defining the constitution or legal status, place of

registration and principal place of business, written power of attorney of the

signatory of the bid to commit the bidder.

b) Reports on the financial standing of the Bidder, such as profit and loss

statements and auditor’s reports for the past three years ending 31st March of

the previous financial year with UDIN Number.

c) Forms mentioned below Section VI.

d) PAN, Registration with GST, Provident Fund Authorities.

e) Information regarding any litigation, current or during the last five years, in

which the Bidder is involved, the parties concerned, and disputed amount.

f) Declaration that the bidder has not been banned / de-listed by any govt. / semi-

Govt. organization or PSUs.

g) Power of attorney (dully accompanied by resolution of Board in case of

h) Qualifications and experience of key site management and technical personnel

proposed for the contract.

i) The proposed methodology and program of work, backed with equipment

planning and deployment, duly supported with broad calculations and quality

control procedures proposed to be adopted justifying their capability of

execution and completion of the work as per technical specifications within the

stipulated period of completion as per milestones (Not Applicable).

j) Bidders should give an undertaking letter duly stating that the documents

submitted by them in support of their credentials are genuine and DPA is at

liberty to take any action against the bidder if the said documents are found to

be non- genuine.

k) Bidders should give an undertaking that they will comply to the specifications of

the work including terms and conditions in total without any deviation.

l) At the time of submission of tender document, the bidder shall give an

undertaking that no changes have been made in the document

m) Experience certificate as required under clause 2.1 (a) (I) above.

n) Certificate mentioning valid UDIN, issued by the Chartered Accountant for

Annual Average Turnover, as required under Clause No. 2.1 (a) (II) above.

o) An undertaking to the effect that no changes have been made by us in the

downloaded tender formats and understand that in the event of any

discrepancies observed, the tender hoisted on website of (n) procure is full and

final for all legal / contractual obligations.

p) The OEM/OPM list of Critical spares for respective HMCs/Material Handler shall be

submitted to DPA with tender documents duly certified by OEM/OPM.

 All uploaded scanned copy should be self-certified by Authorized person with

Fraudulent documentation by bidders: Submission of fraudulent documents shall

be treated as major violation of the tender procedure and in such cases the Port

shall resort to forfeiture of SD/BG of the bidder, apart from blacklisting the firm

for the next 3 years.

3.1 Even though the bidder meets the above qualifying criteria, they are subject to

be disqualified if they have:

3.1.1 Made misleading or false representations in the forms, statements and

attachments submitted in proof of the qualification requirements: and/or

3.1.2 Record of poor performance such as abandoning the works, non – completion

of the contract.

4. System of Bidding

(i) The bidder can quote for either 01 number or 02 number of HMC(s) under BoQ-I of

(ii) The bidder can quote for only 01 number of Material Handler under BoQ- II of Section

(iii) The bidder can quote in above combination i.e. either for Sr. no. (i)/ (ii) or Sr. (i) and

(iv) The Quoted % share required by the bidder is including but not limited to taxes, duties,

fees, cess etc. and all incidental charges, etc. required for successful execution of the

work, excluding GST.

(v) DPA shall collect the revenues as per Schedule of Rates (SOR) for respective cargo and

quoted % of SoR as demanded by the bidder/licensee as revenue share for the

respective cargo shall be shared accordingly.

5. Revenue share calculation:

Rates of DPA SOR prevailing at the time of last date of submission of the bid shall be

considered for First year of the contract for each type of cargo. From second year onwards

(two) % escalation per annum on the previous year shall be taken for calculation for revenue

share for respective cargo. Escalation as above shall be applicable for entire contract period

including extension period. {The 2 (two) % escalation effect is cumulative

irrespective of revision in SOR rates upward/downwards}.

There will not be any escalation other than 2% as mentioned in the contract, any

representation / claim shall not be entertained by DPA for what so ever reason.

6. Cost of Bidding:

The Bidder shall bear all 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.

The bidders shall conduct the site visit prior to submission of the bid and duly filled site visit

form in this regard available in Section VI shall be submitted as tender requirement. The

bidders are strongly advised to assess the site conditions and submit the realistic offer at

their own cost without any liability on the DPA.

8. Contents of Bid Documents:

Section I Instruction to Bidders (ITB)

Section II General Condition of Contractor (GCC)

Section III Special Conditions of Contract (SCC)

Section IV Scope of work

Section V Price bid

Section VI Forms:

Form 1 - Form of Agreement

Form 2 - Specimen Bank Guarantee Performance guarantee / Security deposit

Form 3 - Specimen format for declaration

Form 4 - Specimen letter of authority from bank for BG.

Form 5 – No Exception and Deviation

Form 6 - Format of Integrity Pact.

Form 7 - Specimen letter of authority for submission of bid

Form 8 - Format of Bid Security Declaration from bidders

Form 9 - Format for Evidence towards Site Visit

Form 10 - Tender Information Form

Form 11 - Proforma of Joint Venture/Consortium Agreement

Form 12 - Proforma of Power-of-Attorney for Lead Member of JV/ Consortium

Form 13 - Format for Details of Consortium Members

Form 14 (A) - Format for Insurance Surety Bond for EMD

Form 14 (B)- Format for Insurance Surety Bond for Performance Guarantee

Section VII Applicable SoR for collection of Rates for HMC & Material Handler utilization,

Section VIII Details of Cargo handling statistics

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

in the Bidding documents. Failure to furnish all the informations required by the Bidding

Documents or submission of a Bid not Techno-Commercially responsive, in all respect, shall

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

9. Joint Venture: In case of association in the form of consortium or joint venture agreement,

the members of the association shall 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 thereafter (in case of award of

contract). However, Integrity Pact shell be signed by all the JV members duly stamp and

witness sign & address. All the partners of the association must also, jointly, and severally, be

responsible for satisfactory execution and performance of the contract. The contractors with

at least 26% equity holding each shall be allowed to jointly meet the eligibility criteria.

Conditions for bid submission by Joint Venture:

(i) The number of partners in JV/Consortium shall be limited to maximum of two.

(ii) In case of JV to qualify experience in similar works, merging of work order value

executed by one or two of its member JV either as a whole or as member of JV shall

not be permitted to qualify eligible works in terms of similar completed works, on-

going works. Only no. of work orders executed by members of JV shall be merged to

evaluate experience.

(iii) Lead partner must have handled at least 40 % of 1 MMT of dry bulk cargo / Break

bulk Cargo (Container cargo will be equated at the rate of 14 MT per TEUs) per annum

per offered crane in any sea port / ICD for 3 years during the last 7 years ending on

(iv) The works reckoned for the above purpose are those executed by the bidder as prime

contractor or proportionately as member of JV or as a subcontractor, authorized and

approved by the Employer of the work(s) against which the bidder has claimed his

experience. Further they may upload the scanned permission letter for sub-contractor

issued by principle (main client) otherwise the bid shall stand non-responsive.

(v) In the case of bid submitted by JV/ Consortium, the lead partner of the JV shall meet

the Minimum Eligibility Criteria of Financial Turnover.

(vi) Companies/Contractors may jointly undertake contract/contracts. The number of

partners in JV/Consortium shall be limited to maximum of two. 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.

(vii) A legally binding Joint venture / Consortium Agreement signed by authorized

signatories of all the partners of the JV/Consortium, as per the Proforma / Forms at

Section VI, shall be enclosed with the bid.

(viii) 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 Proforma / Forms at Section VI, which

shall be duly authenticated by a notary public or equivalent certifying authority, shall

be enclosed with the bid.

(ix) 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 all partners.

(x) 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.

(xi) 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

should be included in the Joint Venture Agreement.

(xii) Bid Security as required shall be furnished by Lead Member of Joint venture.

(xiii) Performance Guarantee, as required, will be furnished by Lead Member of Joint

(xiv) 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 application

may be rejected.

(xv) Each partner must submit the complete documentation, or portions applicable thereto,

required qualifying the firm for bidding.

(xvi) 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.

(xvii) 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.

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

(xix) All the correspondences between the Employer and the contractor shall be routed

through the Lead Partner.

(xx) 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.

(xxi) 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.

(xxii) 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.

(xxiii) 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.

(xxiv) One of the partners of JV/Consortium should have downloaded the bid documents.

10. Clarification on Bid Documents: Pre-Bid Meeting

Pre-Bid meeting shall be arranged by Deendayal Port Authority at a scheduled date mentioned

in this tender document or as extended by DPA. DPA encouraged all the prospective bidders

to participate physically in this Pre-Bid meeting. It is advised to submit the queries in writing

well in advance i.e. about one week before the scheduled date. After approval, pre-Bid

clarification shall be published online as corrigendum to the tender documents. Bidder should

note that, the Pre-Bid Queries should reach to this office before 24 hours of scheduled pre-

bid meeting after the date of pre-bid meeting no queries will be entertained by the DPA. All

the prospective bidders are requested to regularly visit online website for updates on any

corrigendum with regard to tender.

11. Amendment of Bidding Documents:

(i) 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 amendment / addendum /

(ii) Any amendment will be notified on the website prescribed in Notice Inviting Tender and

on port web site. The bidder shall be solely responsible to check the web site for the

amendment issued in shape or corrigendum and/or addendum.

(iii) 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 submission of bids.

12. 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

13. Maximum Number of Cranes /Material handler for which a Bidder Can Quote:

(i) The bidder can quote for maximum of 02 number of HMC(s) under BoQ-I of Section –V.

(ii) The bidder can quote for only 01 number of Material Handler under BoQ- II of Section –V.

(iii) The bidder can quote in above combination i.e. either for Sr. no. (i)/ (ii) or Sr. (i) and (ii)

14. Revenue Share

The bidder shall quote their required Revenue Share % only in the online portal in the price

bid (Schedule-B) format.

15. Bid Validity

(i) Bids shall remain valid for a period of 120 days from the date of opening of preliminary

bid. A bid valid for a shorter period may be rejected by the Licensor as non-responsive.

(ii) In exceptional circumstances, prior to expiry of the original time limit, the Licensor may

request that the bidders may extend the period of validity for a specified additional

period. The request and the bidders' responses shall be made in writing or by mail.

A bidder may refuse the request without forfeiting his bid security. A bidder agreeing to

the request will not be permitted to modify his bid.

16. Security Deposits

(i) Bid Security (Earnest Money Deposit-EMD)

(a) EMD of Rs. 50,00,000 (Rupees Fifty Lakh Only) through online transfer in Bank of

Baroda, Gandhidham Branch, A/c no.: 10080100022427, IFSC Code:

BARBOGANKUT or in the form of Bank Guarantee or insurance surety bond as per

enclosed format at Section-VI (form – 14 A). Scanned copy of RTGS transaction

receipt (indicating RTGS no. & date of transfer) or BG to be uploaded on (n)

procure website in Preliminary bid. BG towards EMD issued by Nationalized /

Scheduled (except Co-operative) banks having its branch at Gandhidham is only

(b) In case of Micro and Small Enterprise (MSEs) holding valid Udyam Registration

Certificate issued by Ministry of Micro, Small and Medium Enterprises indicating

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

Classification-2008 mentioned below, only shall become eligible for exemption

from payment of EMD. Such bidder shall also upload the scanned copy of valid &

relevant certificate on (n) procure website along with ‘Bid Securing Declaration

Form’ (Section VI) in preliminary bid failing which the bid shall be considered non-

NIC code Description

28162 Manufacture of other lifting and handling

equipment and parts thereof

52241 Cargo handling incidental to land transport

52242 Cargo handling incidental to water transport

(c) The tender not accompanied with EMD or valid Udyam Registration Certificate and

‘Bid Securing Declaration Form’ shall not be considered and their technical and

price bid will be remained un-opened. The Earnest Money Deposit shall be

submitted in the form of Bank Guarantee issued by any Nationalized / Scheduled

Bank, having its branch in Gandhidham. The validity period of bank guarantee

should be of 30 days in excess of the bid validity.

(d) Earnest Money Deposit (EMD) of non-qualified bidders during preliminary

evaluation and technical evaluation stage shall be refunded within one months.

EMD of all the successful bidders will be refunded after entering the agreement for

required cranes by DPA. EMD of successful bidders will be refunded after

deposition of Performance Security as per tender condition. No interest will be

entertained by DPA on EMD for whatsoever reason.

(ii) The EMD may be forfeited if;

(a) The bidder withdraws the Bid after Bid opening during the period of bid validity;

(b) The bidder hides the facts, submits false declaration/documents;

(c) The successful bidder, having been notified of the acceptance of its bid by

Deendayal Port Authority during the period of bid validity, fails within the specified

i. Sign the Agreement;

ii. Furnish the required Performance Security and / or does not agree to carry

out the work as per the tender conditions.

(iii) Performance Security Deposit (PSD):

(a) Initially successful bidder has to submit two nos. of performance security deposit

each of Rs. 39 Lakhs for each HMC & Material Handler for a minimum validity

period of 12 months. After successful deployment of each HMCs & Material

Handler as per contract conditions, one security depot shall be released by DPA

and second shall be retained by DPA as “Security Deposit” for the entire period of

the contract. After deployment and operation at DPA “Retention Money” for each

HMC & Material Handler of Rs. 3.25 Lakhs shall be recovered from the running

monthly bills of the contractor each month. However, if Licensee desires to

continue deposited the second Performance security deposit with DPA as retention

money, in that case retention money from monthly bills shall not be recovered.

(b) Security deposit shall be for the entire period of contract and retention money will

be refunded after completion of each year after submission of first running

monthly bill for the successive year, subject to recovery of any penalties/dues of

(c) Successful bidder shall have to furnish a Performance Security/Security Deposit in

form of Online Digital Transfer or Insurance Surety Bond (Form – 14 B in Section

VI) or FDR or in form of Bank Guarantee issued from Nationalized / Scheduled

bank (except co-operative banks), having its branch at Gandhidham within

days of issue of LoA.

(d) DPA reserves the right to forfeit the Performance Security Deposit (comprises of

Security Deposit and Retention Money), in case of any default of the Licensee.

(e) Performance Security Deposit (PSD) shall remain valid for minimum of 60 days

beyond the entire period of contract/license. If the contractor submits lower

period of PSD, same shall be extended or submitted new PSD before 60 days of

expiry of the running PSD deposited to DPA. Contractor shall bear all types of cost

incurred w.r.t. PSD, including extension or making of new.

(f) After successful completion of the license period, the performance security deposit

will be returned back after making good any penalties/dues of DPA.

(g) During the entire contract/license period, if any Crane is withdrawn/ removed

from service by the Contractor, his Security Deposit will be forfeited, license will

be cancelled and contractor may be debarred or blacklisted as decided by DPA

Authorities, same shall be binding to the contractor and no claim of contractor will

be entertained in this regard.

(h) Failure to comply with the above requirements shall constitute sufficient ground

for cancellation of the award of work/license and forfeiture of performance

17. Alternative Proposals by Bidders

Conditional offer or Alternative offers will not be considered further in the process of tender

18. Submission of Bids

Bidders who wish to participate will have to procure/ should have legally valid Digital

Certificate, as per Information Technology Act-2000, using which they can sign their electronic

bids. The bidders can procure the Digital Certificate from (n) code solutions a division of GNFC

Ltd, who are licensed certifying authority by Government of India. All bids should be digitally

signed. For details regarding Digital signature certificate and related matters, the below

mentioned address should be contacted:

(n) code Solutions, A Division of GNFC

301 GNFC Info Tower,

Bodakdev, Ahmedabad.

E-mail: [email protected] /

The price bid to be submitted online shall be signed digitally by a person OR person duly

authorized to sign on behalf of the bidder.

The accompaniments to the tender documents as described herein shall be scanned and

submitted online along-with tender documents.

However, the original/attested hard copies, except price bid, shall have to be forwarded

subsequently so as to reach the Office of the Executive Engineer (Mechanical), within 7 days

of the opening of the Preliminary bid of the bidder, failing which the tender shall be considered

as non-responsive.

The envelopes containing Bid except Price bid (Section-V) shall be addressed to:

Executive Engineer (Mechanical)

Room No 11, Administrative building, P.B. No.

Deendayal Port Authority

Kutch – Gujarat

And shall bear the following identification:

Accompaniments for “Urgent hiring of 02 Nos. of Harbour Mobile Cranes (HMCs) of 100 MT or

above capacity & 01 no. of Material Handler of 35 meter or above reach on Revenue sharing

basis for a period of 10 years, extendable up to 02 years at DPA”.

Bid reference No: CME/1894/2025 Name and address of the bidder.

19. Modification and Withdrawal of Bids

(i) Bidders may modify or withdraw their bids before the deadline of submission of bid.

(ii) No Bid can be modified after the deadline for submission of Bids.

(iii) Withdrawal or modification of a Bid between the deadline for submission of bids and the

expiration of the original period of bid validity or as extended may result in the forfeiture

of the Bid security i.e. EMD.

20. Bid Opening:

DPA will open the bids at prescribed date and time for preliminary stage, in the event of

the specified date of bid opening is Sunday or declared holiday for Deendayal Port

Authority, the bids shall be opened on the next working day. Technical and Financial

bids opening will be on a latter date as decided by DPA as per stage wise approval of the

Competent Authority. Participating bidders may get the status of their bids online.

(i) The bids shall be evaluated first on the basis of the preliminary documents submitted

by the bidders to satisfy the eligibility requirements as mentioned in the NIT and then

the Techno-Commercial Offers of the eligible bidders only shall be evaluated.

21. Clarification of Bids

To assist in the examination and comparison of Bids, the Licensor may, at his discretion, ask

any Bidder for clarification of his Bid. The request for clarification and the response shall be

in writing, but no change in the price of substance of the Bid shall be sought, offered, or

22. Evaluation Methodology and Comparison of Bids

(i) Conditional bids shall be rejected by DPA. The technical evaluation shall be made strictly

on the basis of the documents submitted in online portal by the bidders in support of

the eligibility, the technical and commercial response.

(ii) After getting technically qualified, the bidder quoting their lowest

revenue % Share demand shall be consid ered for acceptance as Lowest offer.

In case of HMCs, the L1 (lowest offer) bidder offered single HMC, then second

HMCs will be considered from the next lowest bidder in sequence i.e. L2. L3…

subject to matching the rate of L1. In case of Material handler, L1 (lowest

offer) bid shall be considered for awarding for license.

For example, for HMCs:

Bidder-1 quoted for demand of 40% revenue share of SoR collected by

DPA and offered 01 HMC only.

 In this case Bidder-1 shall be declared as L1 (lowest offer) and shall be

awarded for license of offered HMC only.

Bidder-3 quoted for demand of 45% revenue share of SoR collected by

DPA and offered 02 HMC.

 In this case Bidder-3 shall be declared as L2 (second lowest offer) and

shall be asked to match with L1 offer, i.e. “demand of 40% revenue share

of SoR collected by DPA”.

 If Bidder-3 agreed to match L1 offer for only one no. of offered HMC,

then Bidder-3 shall be awarded for license of one no. of HMC only for

which he has agreed to match with L1 offer.

 If Bidder-3 not agreed to match with L1 offer, then no license shall be

awarded to Bidder-3.

Bidder-2 quoted for demand of 50% revenue share of SoR collected by

DPA and offered 02 HMC.

 In this case Bidder-2 shall be declared as L3 (third lowest offer) and shall

be asked to match with L1 offer, i.e. “demand of 40% revenue share of

SoR collected by DPA”.

 If Bidder-2 agreed for to match L1 offer for all offered HMCs, then Bidder-

2 shall be awarded for license of only remaining no. of HMC matching

 If Bidder-2 not agreed to match with L1 offer, then no license shall be

awarded to Bidder-2.

Sequentially next Bidder-4, Bidder 5, …. shall be given option to match

with L1 (lowest offer) till all the three nos. of HMCs required by DPA is fulfilled.

In case, none of the other Bidders agreed to match with L1 offer, then

only one license shall be awarded by DPA and remaining offers shall be

rejected. No any further communication shall be entertained by DPA in

this regard. In case of Material handler, bidder offered L1 offer shall

be given license.

23. Contacting Deendayal Port Authority

Bidder shall not contact DPA 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 DPA in the Bid

Evaluation, Bid comparison or contract award decision, shall result in disqualification of the

bidder and forfeiture of the EMD.

24. Award of Contract (Grant of License)

The Licensor will Grant the License to the Bidder (s), provided that such Bidder has been

determined to be eligible and qualified as per above Cl. 22. Grant of license will be after

submission of performance security and submission of agreement etc.

25. Licensor’s Right to Accept/Reject any or all the Bids

The Licensor reserve the right to accept/reject any or all bids and to cancel the bidding

process, at any time prior to the grant of license without assigning any reason whatsoever.

The Licensor also reserve the right reduce or increase the total requirement of HMCs &

Material Handler in DPA, as per actual requirement before award of work.

26. Notification of Award (Grant of License) and Signing of Agreement

26.1 The Bidder, whose Bid has been accepted will be notified about the grant of license by the

Licensor prior to expiration of the Bid validity period by facsimile followed by confirmation by

letter. In this letter (hereinafter and in the Conditions of Contract called the “Letter of

Acceptance”) the license period, total Revenue share (in percentage) to be paid by DPA, etc.

will be mentioned in line with the tender conditions.

26.2 The DPA will grant the license subject to the furnishing of a performance security and

submission of signed agreement format on non-judicial stamp paper of Rs. 300/- in

accordance with the provisions of tender condition to the effect that the successful bidder

shall comply with all the terms and conditions of the tender.

26.3 The bidder is required to submit Agreement and performance guarantee within 21 days of

issue of the Letter of Acceptance.

26.4 The successful Bidder will be required to execute an agreement at his expense on Three

Hundred Rupees (Rs.300/-) Non-Judiciary Stamp Paper in the proper departmental format

mentioned in Section VI for the due and proper fulfillment of the contract within 21 days from

the date of Letter of Acceptance

26.5 Pending preparation and execution of the contract agreement as above, the tender submitted

by the Licensee together with CME’s letter accepting the tender shall constitute a binding

contract between the Board and the Licensee.

26.6 The agreement on stamp paper shall be furnished by the Licensee as per the following

guidelines within 21 days from the date of issue of Letter of Acceptance failing which the

successful bidder may not be granted license.

I. The original agreement as per the format attached with the tender should be

executed on a stamp paper of appropriate value (at present Rs.300/-)

II. The Agreement should be submitted in duplicate and the date of execution is to be

III. Each page of the document is to be signed by the Licensee/ his authorized

representative by indicating his full name.

IV. If the Licensee is a partnership firm, then a copy of the Partnership Deed and in case

it is a Company, a copy of Memorandum and Articles of Association along with

Registration Certificate is to be submitted.

V. If the agreement is signed by a Partner/ a Director/ an authorized person of the firm,

in such case, a certified true copy of the power of attorney/ letter of authority given

by the firm/ company to the signatory of the firm/company is to be submitted.

VI. The entire agreement should be in type written form/ computer printed form.

VII. Leaving blanks and insertion of some contents of the agreement with hand writing

should be avoided.

VIII. All corrections/ additions made in the agreement are to be initialed.

27. Fraud and Corrupt Practices:

27.1 The bidder and their respective officers, employees, agents and advisers shall observe the

highest standard of ethics during the Selection Process. Notwithstanding anything to the

contrary contained in this document, the Port shall reject the tender without being liable in

any manner whatsoever to the bidder, if it determines that the Bidder has, directly or indirectly

or through an agent, engaged in corrupt practice, fraudulent practice, coercive practice,

undesirable practice or restrictive practice (collectively the “Prohibited Practices”) in the

Selection Process. In such an event, the Port shall, without prejudice to its any other rights

or remedies, forfeit and appropriate the Bid Security or Performance Security, as the case

may be, as mutually agreed genuine pre-estimated compensation and damages payable to

the Port for, inter alia, time, cost and effort of the Authority, in regard to the Tender, including

consideration and evaluation of such Bidder’s Proposal.

For the purposes of this Clause, the following terms shall have the meaning hereinafter

respectively assigned to them:

(i) “corrupt practice” means (a) the offering, giving, receiving, or soliciting, directly or

indirectly, of anything of value to influence the action of any person connected with the

Selection Process (for avoidance of doubt, offering of employment to or employing or

engaging in any manner whatsoever, directly or indirectly, any official of the Authority

who is or has been associated in any manner, directly or indirectly with the Selection

Process or the LOA or has dealt with matters concerning the Agreement or arising there

from, before or after the execution thereof, at any time prior to the expiry of one year

from the date such official resigns or retires from or otherwise ceases to be in the service

of the Authority, shall be deemed to constitute influencing the actions of a person

connected with the Selection Process; or (b) engaging in any manner whatsoever,

whether during the Selection Process or after the issue of the LOA or after the execution

of the Agreement, as the case may be, any person in respect of any matter relating to

the Project or the LOA or the Agreement, who at any time has been or is a legal, financial

or technical consultant/ adviser of the Authority in relation to any matter concerning the

(ii) “fraudulent practice” means a misrepresentation or omission of facts or disclosure of

incomplete facts, in order to influence the Selection Process;

(iii) “coercive practice” means impairing or harming or threatening to impair or harm,

directly or indirectly, any persons or property to influence any person’s participation or

action in the Selection Process;

(iv) “undesirable practice” means (i) establishing contact with any person connected with

or employed or engaged by the Authority with the objective of canvassing, lobbying or

in any manner influencing or attempting to influence the Selection Process; or (ii) having

a Conflict of Interest; and

(v) “restrictive practice” means forming a cartel or arriving at any understanding or

arrangement among Applicants with the Licensor will reject a proposal for award of

work if he determines that the Bidder recommended for award has engaged in corrupt

or fraudulent practices in competing for the contract in question.

27.2 Licensor will declare a Bidder ineligible to participate in any tender or RFP issued by it, either

indefinitely or a stated period of time, if at any time such Bidder is found to have either directly or

through an agent, engaged or indulged in any corrupt practice, fraudulent practice, coercive practice,

undesirable practice or restrictive practice, as the case may be.

28. License Period

The validity of the license shall be for a maximum period of 10 (Ten) years, extendable up to

02 (two) more years on same terms and conditions with mutual consent from the date of

successful deployment of each HMCs & Material Handler in DPA.

29. Memorandum of Settlement

The Licensee 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 DPA in relation to any work

under taken by him in the Port premises.

30. The License granted to the successful bidder is not transferable.

The bidder must read the tender document carefully and prepare the bid for submission. It is

important to note that bidder shall submit the bid in accordance with the Tender documents.

Duly signed with seal & stamp Section-VI shall be submitted with the tender document with

no-deviation. Any deviation from the tender conditions shall be liable for rejection of the

32. 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.

33. Interpretation of Mobile Harbour Crane

Mobile Harbour Crane (MHC) and Harbour Mobile Crane (HMC) is the same equipment and

will have the same meaning for all purpose.

34. Pre–Bid Meeting

The bidder or his official representative may attend pre-bid meeting to be held at 15:00

hrs. on 05/12/2025 in the New Board Room, A O Bldg., Deendayal Port Authority,

Gandhidham. The bidders / representative of bidders who wish to attend the Pre-Bid meeting

shall furnish the authority letter on the letter head of Bidder, for attending the Pre-Bid Meeting

on behalf of bidder at the time of Pre-Bid Meeting.

35. In case of any discrepancy between the tender documents hosted by DPA on

www.deendayalport.gov.in and www.nprocure.com, the version of tender document hosted

on www.nprcocure.com shall be final and binding.

36. Signing of Integrity Pact:

The bidder has to execute Integrity Pact agreement with Deendayal Part Authority

(as per format enclosed) and Shri Amiya Kumar Mohapatra, IFoS (Retd.) and Dr.

Gopal Dhawan, Ex. CMD, MECL have been appointed by DPA as independent

External Monitors and whose address are as under:-

Shri Amiya Kumar Mohapatra, IFoS (Retd.), Dr. Gopal Dhawan, Ex.CMD, MECL Qrs. No. 5/9, Unit-

9, Bhoi Nagar, House No. 120, Jal Shakti Vihar,

Bhubaneswar – 751022 (NHPC Society) P4, Builders Area,

Mobile No. 9437002530 Greater Noida,

E-mail: [email protected] Gautam Budh Nagar, Uttar Pradesh – 201315 Mobile No.

E-mail: [email protected]

The Procedure for signing Integrity Pact" is as follow:

(i) The Employer / Authorized Person of Employer shall sign the IP in the presence of a

witness from their side, who shall also affix his/her signature thereof and then the same

IP shall be uploaded by them on n- procure portal;

(ii) 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 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.

(iii) 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 duly filed, 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

Seal and signature Executive Engineer (Mechanical)

of the bidder Deendayal Port Authority

General Conditions of Contract (GCC)

General Conditions

In the Contract (as hereinafter defined) the definition of the following words and expressions shall

have the meanings hereby assigned to them except where the context otherwise requires:

a. “Employer” means Board of Authorities of Deendayal Port, a body corporate under the

Major Port Authorities Act.2021, by notification issued by the Government of India, acting

through its Chairman, Dy. Chairman or Chief Mechanical Engineer or any other officers so

nominated by the Board.

b. “Contractor” means the person or persons, contractor, corporation or company whose

tender has been accepted by the employer and includes the Contractor’s servants, agents

and workers, personal representatives, successors and permitted assigns.

c. “Contract” means and includes Tender Documents, Instructions to Bidders, General

Conditions of Contract, Drawings, Specifications, and Schedules etc., any amendments

thereto, Bid, Letter of Acceptance, Contract Agreement and the work order.

d. “SoR Rates” means the Scale of rates as ceiling rates per tonne for various cargo for HMCs

Handler declared by Deendayal Port Authority.

e. “Specifications” means the specification referred to in the tender documents and any

modifications thereof or additions thereto or amendments thereto as maybe from time to

time be furnished or approved in writing by the employer.

f. “Chief Mechanical Engineer” shall mean the Chief Mechanical Engineer of Deendayal Port

g. “Work” or “Works” shall mean the whole of the plant and materials to be provided and

work to be done executed or carried out by the contractor under the contract.

h. The “Site” shall mean the whole of the premises, buildings and grounds in or upon which

the system or works is or are to be provided, executed, erected, done or carried out.

i. The “Schedule” shall mean the schedule or Schedules attached to the specifications.

j. The “Drawings” shall mean the drawings, issued with the specification which will ordinarily

be identified by being signed by the Chief Mechanical Engineer and any further drawing

submitted by the contractor with his tender and duly signed by him and accepted or

approved by the Chief Mechanical Engineer and all other drawings supplied or furnished by

the contractors or by the Chief Mechanical Engineer in accordance with these contract

k. “Trials” and “Tests” shall mean such trials and tests as are provided for in these conditions

of contract and described in the specification and shall include all other tests to be carried

out as per the requirement of the ‘employer’.

l. “Approved” or “Approval” shall mean approval in writing.

m. “Engineer-in-charge/Nodal officer” shall mean any officer/Engineer authorized by Chief

Mechanical Engineer for purpose of this contract.

n. “Day” means calendar days, “months” are calendar months.

o. “Equipment” is the contractor’s machinery and vehicles brought temporarily tothe site to

construct the works.

p. “Material” is all supplies, including consumables, used by the contractor for incorporation

q. “Plant” is any integral part of the works which is to have mechanical, electrical, electronic

or chemical or biological function.

r. "Licensor/licensor" means Board of Deendayal Port Authority, a body corporate under the

Major Port Authority Act. 2021, by notification issued by the Government of India, acting

through its Chairman, Dy. Chairman or Chief Mechanical Engineer or any other officers so

nominated by the Board.

s. "Licensee" means the person or persons, firm, corporation or company whose tender has

been accepted by the Licensor and includes the Licensee's servants, agents and workers,

personal representatives, successors and permitted assigns.

t. "Specifications" means the specification referred to in the tender documents and any

modifications thereof or additions thereto or amendments thereto as may be from time to

time be furnished or approved in writing by the Licensor.

u. “Traffic Manager” shall mean the Traffic Manager of Deendayal Port Authority.

v. “Chief Mechanical Engineer” shall mean the Chief Mechanical Engineer of Deendayal Port

w. "Work" or "Works" shall mean the whole of the plant and materials to be provided and

work to be done executed or carried out by the licensee under contract.

x. The "Site" shall mean the whole of the premises, buildings and grounds in or upon which

the system or works is or are to be provided, executed, erected, done or carried out.

y. The "Schedule" shall mean the schedule or Schedules attached to the specifications.

z. "Approved" or "Approval" shall mean approval in writing.

aa. "Month" shall mean English Calendar Month.

bb. “Operation-in-charge” shall mean any officer authorized by Traffic Manager for the

purpose of Contract.

cc. “Year” for the purpose of this contract shall mean a period of 12 months commencing from

the date of commencement of operation of harbour mobile cranes by the successful bidder.

dd. “DPA” shall mean Deendayal Port Authority.

ee. “%” shall mean percentage.

ff. “Successful deployment” shall mean that the HMC & Material Handler has been

deployed/redeploy, accepted by DPA and ready for operation after meeting the requirement

of this tender.

gg. “Crane” means MHC, HMC or Material Handler.

2. Use of Contract Document:

The Contractor shall not, without prior consent, make use of any document except for the purpose

of performing this contract.

3. Change Orders :

At any time during the execution of the contract, by a written notice to the Contractor, changes

may be made in the general scope of contract. The Engineer In-charge (EIC), with due approval

of competent authority, may make any changes in the quality and/or quantity of the work or any

part thereof that may, in his opinion, be necessary and for that purpose the Engineer In-charge

shall have the power to order the Contractor to do and the Contractor shall do any of the following:

i. Increase or decrease or split the quantity of work included in the contract,

ii. Omit any such work,

iii. Change the character, quality or kind of any such work,

iv. Change the dimensions of any such work,

v. Change in Location

vi. Execute additional work of any kind necessary for completion of the work under the contract,

and no such change shall in any way vitiate or invalidate the contract but the cost, if any,

arising out of all such changes shall be taken into account in ascertaining the total amount

arising out of all such changes shall be taken into account in ascertaining the total amount

of the contract price. Where the rate is available in the contract and the same is applicable

to the additional work, in the opinion of the EIC, the cost of the additional work shall be

determined as per this available rate. But, if the rate for additional work is not available in

the contract, the same shall be determined by the EIC taking into account the market rate

and labour cost at the site for similar works and shall be final.

vii. Deviations from the specifications as contained in the tender agreement including the make

/ model, shall not be accepted. In case of any such deviation, payment shall not be made for

that part of the work / item, even if it is meeting the functional requirements and has been

accepted by the purchaser. The payment for such portion of the work / item can only be

released if the contractor makes good the deviations before the expiry of the warranty period

so as to meet the specifications of the tender agreement in all respects.

4. Resolution of Dispute:

a) The Board and the Contractor/ Licensee shall make every effort to resolve amicably by direct

informal negotiations, any disagreement or dispute arising between them in connection with

the contract. However, in case of failure of negotiation between the Board and the

Contractor, the parties shall refer their present and future disputes relating to the contract

itself or arising out of or concerning or in connection with or in consequence of the contract

to the Chairman, DPA whose decision shall be final and binding on both the parties. The

contract shall be governed by the Indian Contract Act,

b) Jurisdiction of Courts: All such disputes, which could not be settled at the intervention of

Chairman, DPA, shall be subjected to the jurisdiction of the courts at Gandhidham.

5. Force Majeure:

a. In the event that the Contractor / Licensee is delayed in performing its obligations in the

contract, and such delay is caused by force majeure including war, civil resurrection, strikes

(other than the strike solely by the Contractor’s men), fire, flood, epidemics, earthquakes,

extremely adverse climatic conditions, such delay may be excused and the period of such

delay may be added to the time of performance of the obligations without any addition to

the contract price.

b. If a force majeure situation arises, the Contractor / Licensee shall promptly notify the Board

in writing of such condition and the cause thereof, but not later than 7days from its

occurrence. Unless otherwise directed by the Board in writing, the Contractor shall continue

to perform its obligations under the contract as far as reasonably practicable.

The Contractor/ Licensee shall demonstrate to the Board’s satisfaction that it has used its

best endeavor to avoid or overcome such causes of delay and the parties will mutually agree

upon remedies to mitigate or overcome such causes of delay without having any right to

any claim on account of such force majeure.

c. In any other situation, which is beyond the reasonable control of the Contractor / Licensee

in the opinion of the Engineer In-charge, and where the Contractor has promptly notified

the Board in writing about such situation, it may be considered as “Force Majeure” situation.

6. Compliance with Statutes, Regulations:

The Licensee shall comply in all respects, with all statutes and regulations as may be necessary,

including clearance from State / Central Govt. Authorities, Pollution Control Boards, Labour

Enforcement and Local Authorities. The Licensee 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, The Dock Workers (Safety, Health and Welfare) Act, 1986, The Dock

Workers (Safety, Health & Welfare) Regulations, 1990, 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 and keep the

Licensor indemnified against any loss or claim arising out of contravention of the provisions of the

above said enactments by the Licensee. The total revenue share payable to contractor shall exclude

all expenses whatsoever the Licensee may be required to incur for the compliance with the

provisions of the above said legislation and no additional amount will be released other than

the total revenue share quoted and accepted by DPA. The Licensee shall make necessary

arrangements for the Licensor to witness the payment made by the Licensee to his staff and labour.

7. Payment Terms:

All payments shall be made in Indian rupees unless specifically mentioned.

The payment shall be made through RTGS /NEFT, and the Contractor should be

furnished following details: -

Bank Payment Agreement Form

a. Name of Party

d. Branch Station

e. IFSC code of the bank

g. Accepted for : - NEFT payment or RTGS payment Declaration by the party

I/We hereby declare that the above information furnished by me is correct and DPA is

requested to pay my / our dues to this account for this work is concerned.

Signature of the party with the seal

Declaration by the bank

It is hereby informed that the details mentioned by the party is correct as per our records

and any payment made by DPA to this account will be accepted either by RTGS/NEFT.

Signature of the bank manager with the seal.

(i) No Advance payment will be made.

(ii) Minimum Guaranteed Throughput (MGT) :

a) Minimum Guarantee for each crane shall be either 1MMT/annum @ Rs. 72/ ton

or Rs. 7.2 Crore per annum. Licensee handled cumulative cargo per crane per

year, either 1MMT/crane or received Rs. 7.2 Crore/crane shall be considered as

MGT has been fulfilled by DPA. Shortfall in MGT per year shall be compensated

by DPA shall be either 1MMT/annum @ Rs. 72/ ton or Rs. 7.2 Crore per annum

(whichever is lower in value, in Rs.), considering 1MMT @ Rs. 72/ton of cargo

handled. Cumulative average shall be calculated for any operator considering

total nos. of Cranes deployed and cargo handled by all of the Cranes of any

operator at DPA under this contract.

Cumulative annual MGT fulfilled by DPA:

Condition 1: Contractor holds license for 2 Cranes and handled total of 2 MMT in

a year, Crane no.1 handled 1.5 MMT and Crane no.2 handled

MMT. In this case it will be considered as MGT per year has been

fulfilled by DPA and no compensation will be given by DPA.

Condition 2: Contractor holds license for 2 Cranes and received total revenue

of Rs. 14.4 Crore in a year, revenue received for Cranes no.1 is Rs.

12 Crore and revenue received for Cranes no. 2 is Rs. 2.4 Crore.

In this case it will be considered as MGT has been fulfilled by DPA

and no compensation will be given by DPA.

b) In case of shortfall in annual MGT, compensation shall be paid by DPA either

difference of 1 MMT or Rs. 7.2 Crore, whichever is lower considering comparison

on rupees’ basis:

Licensee/Contractor handled only 0.9 MMT/crane in a year,

Shortfall = 1 – 0.9 = 0.1 MMT = 100000 Ton

Let’s assume revenue received in that year is Rs. 7.15 Crore/crane

Shortfall in MGT/Crane in Rupees = 7.2-7.15 = 0.05 Cr = Rs. 5,00,000/-……(B)

Comparing the above two cases (A) & (B), (B) is lower, hence only Rs. 5 Lakhs

shall be payable as compensation in shortfall in MGT for that particular year for

particular licensee/contractor.

c) Cargo handled by each HMCs at the end of each contract year from the commencement

of deployment shall be calculated & certified by the user department i.e. Traffic

Department of DPA, which shall be final and bound to the Licensee and accordingly

payments shall be released with TPIA verification & certification. Cargo handled by

each HMCs & Material Handler at the end of each month, shall be calculated & certified

by the user department i.e. Traffic Department of DPA, which shall be final and bound

to the Licensee and accordingly payments shall be released with TPIA verification &

certification. At the end of each year, cargo handling performance shall be calculated

and shall lapsed with that particular year, hence shall not be carried forward.

(iii) Monthly payment at the quoted percentage in revenue share, shall be made on the actual

cargo handled per HMC / per Material Handler considering the SoR rates of respective cargo

(iv) If the hired HMCs & Material Handler are only used for loading / discharging the entire ship

Quantity, then the Final Draught survey quantity will be considered for billing. If the Ship

cranes and hired HMCs & Material Handler both are used for loading / discharging cargo,

then the figure / reading given by the hired HMCs & Material Handler will be considered for

billing purpose. However, this quantity will not be more than the final draught survey qty. If

the hired and port owned both HMCs & Material Handler are used for loading / discharging

cargo and it is found that there is an excess reading/billing by HMCs & Material Handler, then

excess qty will be reduced on pro-rata basis to Final Draught survey quantity.

(v) Schedule of Rates (SOR) as per type of cargo shall be collected by DPA and quoted % of SoR

as demanded by the bidder/licensee as revenue share for the respective cargo shall be shared

(vi) Rates of DPA SOR prevailing at the time of last date of submission of the bid shall be

considered for First year of the contract for each type of cargo. From second year onwards

(two) % escalation per annum on the previous year shall be taken for calculation for revenue

share for respective cargo. Escalation as above shall be applicable for entire contract period

including extension period. {The 2 (two) % escalation effect is cumulative

irrespective of revision in SOR rates upward/downwards}.

(vii) There will not be any escalation other than 2% as mentioned in the contract, any

representation / claim shall not be entertained by DPA for what so ever reason.

(viii) The contractor should submit the bill every month duly seal and sign along with copy of online

payment transaction slip to their employees, payment to the engaged staffs viz., Name of

the employee, Net amount credited into bank, name of the Bank and date on which the

amount was credited into the bank. The contractor must certify that the payment to the

employees provided by him have to be credited to concerned individual bank.

(ix) Applicable rule for EPF shall be complied by the contractor for their employees and relevant

documents shall be submitted to DPA along with monthly bills same shall be verified by TPIA

(x) The Engineer-in-charge will be entitled to deduct or adjust any sum of money payable by the

contractor to DPA under the terms of any contract executed by him or on behalf from their

security deposit or from any sum that may become due from the present contract.

(xi) The contractor shall note that no interest be payable by the DPA for any delayed Payments

unless otherwise stipulated in tender.

(xii) If applicable, the payment from 2nd bill to pre-final bill, shall be released, subject to the

condition that the documentary evidence (copy of paid Challan in Govt. Treasury) of the

Welfare Cess @1% of work done or as amended by Statutory Authority from time to time,

paid to concerned authority is submitted for the previous bill.

(i) All manpower & machines to be posted at Kandla /Gandhidham as instructed by EIC, shall

be insured under the Workmen Compensation Act.

(ii) It will be entirely the contractor’s responsibility to take required steps to adequately safeguard

the personnel & machines and to ensure that the work is carried out in such a manner that

maximum safety to the personnel is assured. The contractor shall follow all precautions as

required for safety of workman by ILO regulations, etc.

(iii) No claim/compensation of whatsoever nature shall be entertained by the DPA for any loss

of property or injury or loss of life during the occurrence of any accident to the contractor’s

maintenance staff/officials or machines. Contractor is required to get insurance for his staff

and machines at his own cost.

9. Time is the essence of the contract:

Time is the essence of the contract, and the Contractor shall ensure that successful deployment of

HMCs & Material Handler in DPA shall be within the specified time period in this tender document.

The Contractor shall be solely responsible for all the delays including the delays caused by its

10. Liquidated Damages (Not applicable)

11. Variations:

In case of any variation in Instructions to Bidders (ITB), General Conditions of Contract(GCC) and

the Special Conditions of Contract – if any special conditions of contract shall prevail. But in case

of any requirement/condition specified in the Scope of Work, it shall prevail over all other conditions.

12. Acceptance (Not Applicable)

13. Guarantee: (Not Applicable)

GST: Revenue share quoted by the bidder as % (percentage) shall be excluding GST. GST will be

paid as applicable by DPA to the licensee on submission of Tax invoice and after satisfying the

requirement as per GST Act.

Contractor / Service provider / Supplier etc. has to ensure timely and proper filling of GSTR 1 so

that Deendayal Port Authority can avail input tax credit in timely manner. In case DPA not allowed

input tax credit due to failure on part of the contractor/Service provider/Supplier etc., it will be a

financial loss to the DPA and therefore same shall be recovered from the payment/deposit of

the contractor/service provider/supplier.

Deduction of Income-Tax:

Income-Tax deductions and surcharge as applicable thereon shall be made good while making

payments due to the contractor for carrying out the work and only net amount shall be paid as

directed by the Central Board of Direct Taxes, Ministry of Finance, Government of India.

The rates quoted by the contractor shall be deemed to be inclusive of the excise, other taxes,

duties etc., but exclusive of the GST (CGST & SGST), which the contractor will have to pay for the

performance of the contract. The employer will perform such dutiesin regard to the deduction of

such taxes at sources as per applicable law.

a. Deduction of taxes/income tax at source shall be made from the any bill of the Contractor in

accordance with the prevailing rules of Govt.

b. While performing under the contract, the damages caused by the Contractor or his workers

to any of the Port Authority property shall be promptly made good by the Contractor at his

own cost. In case the Contractor fails to repair/replace the damage, DPA shall have the right

to take steps to make good the damages and all the cost on this account shall be recovered

from the bills of the Contractoror, any money due to the Contractor from this contract or

any other contract or any other transaction. In determination of the damage, the opinion of

the Engineer-In- charge (EIC) shall be conclusive.

c. Any dues arising out of failure on the part of the Contractor to carry out any obligation under

the contract shall be deducted from the bills of the Contractor or from any moneydue to the

Contractor from this contract or any other contract.

16. Subcontracts:

The Licensee shall not be allowed to engage any sub-contract for operation of cranes & Material

17. Idle Charges: (-Not applicable-)

18. Personal Protective Equipment (PPE):

The Licensee 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 safety shoes, helmets, nose masks,

hand gloves etc. by his staff at site.

The Licensee, at all times during the tenure of 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 Licensee shall inform about the occurrence of any incident/accident, at or about the work site

or in connection with execution of the contract, report such incidents/accidents to the Engineer-

In-Charge/ Officer-In-Charge as per the requirement of Dock Workers (Safety, Health & Welfare)

Regulations, 1990. He shall also provide the information about the incident/accident as requested

by the Traffic Department and Inspectorate of Dock Safety, Kandla.

21. 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 including the raw materials, machine/equipment/system used for the

work at his own cost for the entire period of License in DPA.

22. Termination:

a. The Board may, without prejudice to any other remedy for breach of contract, by written

notice of default sent to the Licensee, terminate the license in whole or in part:

b. If the Licensee fails to commission and commence commercial operation of the cranes within

the specified time period including extension, if any.

c. If the Licensee fails to perform any other obligation under the contract and does not cure

after receipt of a notice of default, its failure within the time specified in the notice. The

notice of default shall specify the nature of default as well as the time within which the default

has to be cured by the Licensee.

d. If the licensee fails to submit fresh performance security in the form acceptable as per Tender

of appropriate amount within 15 days from date of encashment of bank guarantee which has

been enchased by DPA in the event of failure of the license to pay any dues to DPA.

e. In case of termination of license for default by the Licensee, the amount of performance

security will be forfeited and Licensee will be debarred from participating in any of the future

tender of Deendayal Port Authority for a period of 3 (Three) years from the date of

termination. No compensation whatsoever shall be payable by the port to the licensee on

termination of license prior to the expiry of the license period.

23. Arbitration Clause:

(i) The Arbitration Award may be referred to a Conciliation Committees/ Councils comprising of

independent subject expert in order to ensure speedy disposal of thecase, as per Conciliation

(ii) The award of the Conciliation Committee/ Council if agreed by both the sides may thenbe

placed for consideration of the Board of Authorities of the Port subject to the delegation of

(iii) Except where otherwise provided in the contract, all questions and disputes relating to the

meaning of the specifications, designs, drawings and instructions herein before mentioned

and as to the quality of workmanship or materials used on the work or asto any other

question, claim, right, matter or any other thing whatsoever, in any way arising out of or

relating to the contract, designs, drawings, specifications, estimates, instructions, orders, or

to the conditions or otherwise concerning the work or regardingthe execution or failure to

execute the same whether arising during the progress of thework or after the completion

thereof as described hereinafter shall be referred to the Chairman for sole arbitration by

himself or by any officer appointed by him.

(iv) It will be no objection to any such appointment that the arbitrator is an employee of the

Board or the Government, that he had to deal with the matters to which the contract relates

and that in the course of his duties as an employee of the Board of the Government, he had

expressed views on all or any of the matters in dispute or of difference.

i. The arbitrator, who has been dealing with the arbitration case, being transferred or

vacating his office or in the event of his death or being unable to act for any reason,

the Chairman then holding the office shall arbitrate himself or appoint any officer to

act as arbitrator.

(v) It is also a term of this contract that no person other than the Chairman himself or any officer

appointed by him shall act as arbitrator.

(vi) It is a term of this contract that only such questions and disputes as were raised during the

progress of other work till its completion and not thereafter shall be referred to arbitration.

However, this would not apply to the questions and disputes relating to liabilities of the

parties during the guarantee period after completion of the work.

(vii) It is a term of the contract that the party invoking arbitration shall give a list of disputes with

amount of claim in respect of each said disputes along with the notice seeking appointment

(viii) It is also a term of the contract that if the Contractor does not make any demand for

appointment of arbitrator in respect of any claims/disputes in writing, as aforesaid, within

120 days of receiving the intimation from the Engineer –in- charge that the final bill is ready

for payment, the claim of the Contractor shall be deemed to have been waived and absolutely

barred and the Port Authorities shall be discharged and released of all liabilities under the

contract in respect of these claims.

(ix) It is also a term of the contract that the arbitrator shall adjudicate only such disputes/claims

as referred to him by the appointing authority and give separate award against each

dispute/claim referred to him. The arbitrator will be bound to give claim wise detail and

speaking award and it should be supported by reasoning.

(x) The award of the arbitrator shall be final, conclusive, and binding on all the parties to

(xi) The arbitrators from time to time, with the consent of both the parties, enlarge the time

for making & publishing the award.

(xii) Arbitration shall be conducted in accordance with the provisions of Indian Arbitration Act,

1996 or any statutory modifications or e-enactment thereof and rules made there under and

for the time being in force shall apply to the arbitration proceeding under this clause.

(xiii) It is also a term of the contract that if any fees are payable to the arbitrator, this shall be

pied equally by both the parties.

(xiv) It is also a term of a contract that the arbitration shall be deemed to have been entered on

the reference on the date he issues the first notice to both the parties calling them to submit

their statement of claims and counter statement of claims.

(xv) Venue of the arbitration shall be such place as may be fixed by the arbitrator at his sole

24. Indemnification:

The Licensee shall indemnify, protect and defend at its own cost, Deendayal Port Authority and its

heirs, administrators, executors, assigns & employees from & against any / all actions, claims,

losses or damages directly or indirectly arising out of the operations of the crane throughout the

license period.

The Engineer-in-Charge or his nominee may delegate any of the duties and responsibilities to

other people after notifying the Contractor and may cancel any delegation after notifying the

a. The Contractor shall employ the key personnel named in the Schedule of Key Personnel as

referred to in the Contract Data to carry out the functions stated in the Schedule or other

personnel approved by the Engineer-in-Charge. The Engineer-in- Charge will approve any

proposed replacement of Key personnel only if their qualifications, abilities, and relevant

experience are substantially equal or better than those of the personnel listed in the Schedule.

b. If the Engineer-in-Charge asks the Contractor to remove a person who is a member of the

Contractor’s staff of his work force stating the reasons, the Contractor shall ensure that the

person leaves the Site within seven days and has no further connections with the work in

27. Queries about the Technical Data (-Not applicable-)

28. Discoveries

Anything of historical or other interest or of significant value unexpectedly discovered on the site is

the property of the employer. The contractor is to notify the employer or his nominee of such

discoveries and carry out the instructions of employer or his nominee for dealing with them.

29. Instructions

The contractor shall carry out all instructions of the engineer-in-charge or his nominee which

comply with applicable laws where the site is located.

The Contractor shall be responsible for the safety of all activities including but not limited to port

properties, assets and equipments, manpower etc. involved for the work under this contract.

31. Correction of Defects

a. The Engineer-in-Charge or his nominee shall give notice to the Contractor for any defects

observed during the operation, test & trials, TPIA observations etc. for the safe and efficient

operation of deployed HMCs & Material Handler.

b. Contractor is liable to rectify the defect as observed by DPA/TPIA for safe and efficient

performance of HMCs & Material Handler.

c. Each defect, breakdown, damages, non-operational period shall be recorded in hard copy

register same shall be verified by EIC or his nominee/TPIA on monthly basis. The

performance of HMCs & Material Handler shall be verified from this record including

performance, availability, utilization. Rectification date and time shall also be clearly indicated

by the contractor in the same register, which shall be certified by EIC or his nominee/TPIA.

32. Use of Contract Document:

The Contractor shall not, without prior consent, make use of any document except for the purpose

of performing this contract.

33. Memorandum of Settlement:

The 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 written permission of the employer in relation

to any work undertaken by him in the Port premises.

34. Third Party Inspection:

i. The Third-Party Inspection Agency (TPIA) shall be arranged by DPA at its own cost.

ii. Contractor has to intimate DPA for the requirement for TPIA visit. Verification of cargo

handled data received from Traffic Department by the contractor for each deployed HMCs &

Material Handler shall be verified & certified by TPIA on monthly as well as, as & when

required basis.

iii. Applicable rule for EPF shall be complied by the contractor for their employees and relevant

documents shall be submitted to DPA along with monthly bills same shall be verified by TPIA

iv. The Third party shall carry out inspection of work as per tender specification/relevant

standard during deployment, re-deployment after overhauling/breakdown/repair, verification

of certificates & documents etc. as per the direction of EIC.

v. The payment of the contractor shall be released after certifying by the third party and copy

of the same shall be produced by Contractor for releasing the stage payment as per Payment

vi. All performance tests of the HMCs & Material Handler shall be carried out by the statutory

bodies as per requirement and certificate shall be verified by TPIA for the entire period of

vii. The Third Party shall carry out inspection of Staff-profile as per tender conditions &

viii. The third party agency shall inspect the working of the machines and submit report for any

non-confirmative thereof.

ix. The monthly payment shall be released after certifying by the TPIA for compliance of tender

requirements and copy of the same shall be produced by licensee for releasing the monthly

payment as per Payment Terms.

35. Engagement of labour:

The contractor shall, unless otherwise provided in the Contract, make his own arrangements for

the engagement of all staff and labour, local or other, and for their payment, housing, feeding and

36. Police verification of contract labour

The Contractor who has been awarded the job through Work Order shall furnish necessary Police

Clearance Certificate in respect of character and antecedents of all contract labourers engaged by

them, before commencing the work at site.

Contractor shall obtain such Police Clearance Certificate from Police available against a nominal fee

per Certificate and they will submit this Certificate giving Work Order reference on it, to the Office

of the Engineer in Charge of respective Divisions, to be forwarded to Commandant, CISF which our

Security Department along with requestfor issuance of Entry Passes.

The Contractor shall, if required by the Engineer-in-Charge, deliver to the Engineer- in-Charge a

return in detail, in such form and at such intervals as the Engineer-in- Charge may prescribe,

showing the staff and numbers of the several classes of labour from time to time employed by the

Contractor on the Site and such other information asthe Engineer-in-Charge may require.

(a) Submission of Labour Reports by Every Fortnight:

The contractor shall submit, by the 4th and 19th of every month, to the Engineer-in- Charge a

true statement showing, in respect of the second half of the preceding monthand the first

half of the current month respectively.

1. The number of laborers employed by him on the work.

2. Their working hours.

3. The wages paid to them.

4. The accidents that occurred during the said fortnight showing the circumstances under

which they happened, and the extent of damage and injury caused by them, and

5. The number of female workers who have been allowed Maternity Benefit, according to

clause 19 F and the amount paid to them, failing which, the Contractor shall be liable

topay to Government a sum not exceeding Rs. 200/- for each default or materially

incorrectstatement. The decision of the Engineer-in-Charge shall be final in deducting

from any bill due to the contractor the amount levied as fine and be binding on the

(b) No labour below 14 Years: No labour below the age of 14 (fourteen) years shall be employed

37. Registers to be maintained at site:

(i) Site order Book

A site order book is to be maintained by the contractor at the site. The work orders and

instructions written in the site order book shall be deemed to have been legally issued to the

contractor shall sign each entry in the site order book as a token of his having seen the

same. The site order book shall be property of the Board and shallbe handed over to the

Engineer-in-charge of the work in good condition on the completion of the work or whenever

required by the Engineer-in-charge or his authorized representative.

(ii) Hindrance Register

Every type of hindrance arising during the execution of work should be invariably recorded

in the hindrance register. The Hindrance Register is to be maintained by the Engineer in

Charge at the site. The contractor shall sign each entry in the hindrance Register as a token

of his having seen the same. The Hindrance Register shall be property of the Board.

(iii) Other registers needed to be maintained as per direction of EIC.

38. No damage, hindrance, or interference to the Port activities:

The contractor shall be required to execute the work in such a manner as not to cause any damage,

hindrance or interference to the Port activities and the work going on in thearea. The contractor

shall have to make good the loss at his own cost and risk all damages caused by his workmen to

Port property and no extra payment shall be made to him on that account.

39. Tools & Tackles:

All the requirements for executing the work will have to be arranged by the contractor at his own

cost. Arrangement for storing the materials, tools etc. will also have to be made by the contractor

himself. The employer shall not be responsible for any theft/loss of any materials, tools, etc.

stored/brought by the contractor for execution of work within the Port area. Licensor i.e. DPA will

not entertain any claim/request/presentation of the Licensee for the entire period of contract.

In case of carrying out any hot work such as gas cutting and welding necessary regulations,

prevailing at Deendayal Port Authority for such works shall be observedby the Tenderer and

necessary fire watch permit and No Objection Certificate shall be obtained from the concerned

authorities of the port and necessary charges at the scale of rate prevailing in the port at that time

shall be paid by the contractor.

41. Indian Dock Safety Regulation

Necessary Indian Dock Safety Regulations for the safety purpose shall be adhered to by the

contractor and he will be held responsible for any violation of the same.

42. Valid Electrical Contractor License and Electrical Supervisor Certificate: (Not

43. 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 price offered by us is a firm price and includes all the

taxes, (excluded GST), duties etc. and all incidental charges.

44. Labour License:

The contractor shall have to obtain necessary license from the Assistant LabourCommissioner

(Central), Gopalpuri, Kachchh in case he has to engage 10 or more workers on any day during the

execution of work or as amended from time to time as statutory requirement.

45. Jurisdiction of courts

All disputes shall be subjected to the jurisdiction of the local court of Gandhidham.

46. Change in communication address

In case of any change of address / status of the licensee, the same should be promptly notified to

47. Contract Agreement:

(i) The successful Bidder will be required to execute an agreement at his expense on Three

Hundred Rupees (Rs.300/-) Non-Judiciary Stamp Paper in the proper departmental format

mentioned in Section VI for the due and proper fulfillment of the contract within 21 days

from the date of Letter of Acceptance

(ii) Pending preparation and execution of the contract agreement as above, the tender submitted

by the Licensee together with CME’s letter accepting the tender shall constitute a binding

contract between the Board and the Licensee.

(iii) The agreement on stamp paper shall be furnished by the Licensee as per the following

guidelines within 21 days from the date of issue of Letter of Acceptance failing which the

successful bidder may not be granted license.

a. The original agreement as per the format attached with the tender should be executed

on a stamp paper of appropriate value (at present Rs.300/-)

b. The Agreement should be submitted in duplicate and the date of execution is to be

c. Each page of the document is to be signed by the Licensee/ his authorized

representative by indicating his full name.

d. If the Licensee is a partnership firm, then a copy of the Partnership Deed and in case

it is a Company, a copy of Memorandum and Articles of Association along with

Registration Certificate is to be submitted.

e. If the agreement is signed by a Partner/ a Director/ an authorized person of the firm,

in such case, a certified true copy of the power of attorney/ letter of authority given by

the firm/ company to the signatory of the firm/company is to be submitted.

f. The entire agreement should be in type written form/ computer printed form.

g. Leaving blanks and insertion of some contents of the agreement with hand writing

should be avoided.

h. All corrections/ additions made in the agreement are to be initialed.

Seal and signature Executive Engineer (Mechanical)

of the bidder Deendayal Port Authority

Special Conditions of Contract (SCC)

1. Minimum Guaranteed Throughput (MGT) :

a) Minimum Guarantee for each crane shall be either 1MMT/annum or Rs. 7.2 Crore per

annum, whichever is achieved. Licensee handled cumulative cargo per crane per year,

either 1MMT/crane or received Rs. 7.2 Crore/crane shall be considered as MGT has

been fulfilled by DPA. Shortfall in MGT per year shall be compensated by DPA either

1MMT/annum or Rs. 7.2 Crore/annum (whichever is lower in value, in Rs.),

considering 1MMT @ Rs. 72/ton. Cumulative average shall be calculated for any

operator considering total nos. of Cranes deployed and cargo handled by all of the

Cranes of any operator at DPA under this contract.

Cumulative annual MGT fulfilled by DPA:

Condition 1: Contractor holds license for 2 Cranes and handled total of 2 MMT in a

year, Crane no.1 handled 1.5 MMT and Crane no.2 handled 0.5 MMT. In

this case it will be considered as MGT per year has been fulfilled by DPA

and no compensation will be given by DPA.

Condition 2: Contractor holds license for 2 Cranes and received total revenue of Rs.

14.4 Crore in a year, revenue received for Cranes no.1 is Rs. 12 Crore

and revenue received for Cranes no. 2 is Rs. 2.4 Crore. In this case it

will be considered as MGT has been fulfilled by DPA and no

compensation will be given by DPA.

b) In case of shortfall in annual MGT, compensation shall be paid by DPA either difference

of 1 MMT or Rs. 7.2 Crore, whichever is lower considering comparison on rupees’ basis:

Licensee/Contractor handled only 0.9 MMT/crane in a year,

Shortfall = 1 – 0.9 = 0.1 MMT = 100000 Ton

Let’s assume revenue received in that year is Rs. 7.15 Crore/crane

Shortfall in MGT/Crane in Rupees = 7.2-7.15 = 0.05 Cr = Rs. 5,00,000/-……(B)

Comparing the above two cases (A) & (B), (B) is lower, hence only Rs. 5 Lakhs shall be

payable as compensation in shortfall in MGT for that particular year for particular

licensee/contractor.

c) Cargo handled by each HMCs at the end of each contract year from the commencement of

deployment shall be calculated & certified by the user department i.e. Traffic Department of

DPA, which shall be final and bound to the Licensee and accordingly payments shall be released

with TPIA verification & certification. Cargo handled by each HMCs & Material Handler at the

end of each month, shall be calculated & certified by the user department i.e. Traffic Department

of DPA, which shall be final and bound to the Licensee and accordingly payments shall be

released with TPIA verification & certification. At the end of each year, cargo handling

performance shall be calculated and shall lapsed with that particular year, hence shall not be

carried forward.

2. Availability of each HMC/ Material Handler shall be minimum for 95 % in any year, reduction in

annual availability below 95% shall results in reduction in MGT of 1 MMT in proportionate.

Availability in any year is 90%, then,

MGT in that particular year shall be (1x90)/95 = 0.947 MMT.

3. In case of non-operation worthy condition declared by Contractor or DPA for any reason for more

than total 180 days in a year (in any way either in piecemeal manner or on single event

occurrences), MGT shall not be applicable for particular year and no compensation will be

admissible for such year.

4. For routine maintenance purpose, total of 12 (twelve) days’ downtime per year per HMC &

per Material Handler, will be allowed to the contractor, which may be utilized at single or

multiple occasions without any penalty. However, for routine maintenance prior intimation

and permission shall be obtained from DPA. Any breakdown of HMC & Material Handler,

shall be intimated to DPA immediately and balance downtime may be utilized, for making

the HMC & Material Handler good for operational.

5. For Major maintenance purpose, 06 (Six) days’ downtime per year per HMC & Material

Handler, will be allowed to the contractor, which may be utilized at single or multiple

occasions without any penalty. Contractor may consume Routine maintenance period and

Major maintenance period for breakdown maintenance purpose, at one instance or in parts

allowed for each HMC & Material Handler, it cannot be claimed for more than 18 days in any

year for each HMC & Material Handler. Balance days of downtime of routine maintenance

and Major maintenance at the end of year shall be lapsed and not to be carried forward.

This down time shall be calculated on hourly basis.

Let’s assume, two occasions of down time as 3.8 hrs. and 6.2 hrs.,

Total downtime shall be calculated as total 4 + 7=11 hrs.

6. In case contractor offered multiple cranes, i.e. more than one HMC & Material Handler in

any combination, allowed downtime of total 18 days may be adjusted in overall within a

Contractor is operating 2 HMC and one Material handler in DPA.

For any year consolidated 18 x 3 = 54 days’ permissible downtime shall be allowed.

Balance days of downtime of routine maintenance and Major maintenance at the end of

year shall be lapsed and not to be carried forward.

Let’s assume, HMC no. 1 availed only 5 days of downtime in any particular year, HMC no.

2 availed 17 days of downtime for the same period, then maximum of 32 days may be

availed by the Material handler for that particular year.

7. TPIA shall be in the scope of DPA, however, contractor has to intimate DPA for the

requirement for TPIA visit. Verification of cargo handled data received from Traffic

Department by the contractor for each deployed HMCs & Material Handler shall be verified

by TPIA on monthly or as & when required basis.

8. HMCs & Material Handler will be booked on common roster basis for utilization of HMC &

Material Handler for cargo handling operation by DPA. However, frequent breakdown and

out of commission at the time of deployment in roster for use by DPA, roster turn will be

lapsed and HMCs & Material Handler turn for operation will go at last in line.

9. Roster will be prepared based on availability of all the Cranes in DPA without any priority.

However, DPA reserves the right to allot any Crane to any berth at some special

circumstances occasionally. Deployment of Cranes will be under the direction and control

of the Traffic Manager and CME, Deendayal Port Authority, which shall be final and

bounding without any claim / dispute.

10. Crane(s) deployment will be either for Cargo Jetty 1 to 10 or for Cargo Jetty 13 to

considering the Geographical partition by Cargo Jetty no. 11 & 12. However, allotment of

Crane(s) will be decided by Traffic Department based on operational requirement only,

which shall be bounding undisputedly.

11. LICENSEE’S OBLIGATIONS:

11.1 All the operational and maintenance requirement for successful utilization of the HMC’s & Material

Handler shall be in the scope of the contractor/licensee, including but not limited to accessories,

lifting appliances, tools & tackles, man power etc.

11.2 It shall be the responsibility of the licensee to ensure that the persons engaged for the work are

clear from Security angle. Police NOC is required to be obtained from local policy station. Such

NOC needs to be taken every year till expiry of license period including extension. DPA is covered

by ISPS code and all the related security concerns are to be taken care by the Licensee.

11.3 Licensee shall nominate an authorized Representative through Power of Attorney for carrying out

all the transactions/communications with DPA, including day to day operational requirement, status

updating, quantity handled, time of usage, other MIS including maintenance and communication

11.4 Licensee shall obtain license from DGFASLI before commencing commercial operation of the cranes

and as and when required for the statutory/safety test requirement purposes.License shall strictly

follow all labour related laws and regulations.

11.5 Licensee shall strictly follow all applicable Acts & Rules.

11.6 Licensee shall pay damage rectification cost for the damage caused to port properties/ under DPA

liability due to the fault of operation / maintenance / negligence / other faults.

11.7 The licensee shall install and operate the crane at their own risk and cost. The port is not

responsible for any type of damages to the HMCs & Material Handler or to their men or machine

deployed for operation of the cranes at DPA.

11.8 The licensee shall take third party insurance. The licensee is required to take such insurance from

the date the crane is brought inside the port area and it’s validity shall be till the completion of

licensed period. The Scope of the insurance shall also cover all the cargo handling workers / staff

of Deendayal Port so deployed in the operation.

11.9 The licensee shall be responsible to obtain all clearances and approvals from the statutory

authorities. Deendayal Port shall not be responsible for any loss / damage etc. occurring due to

delay in obtaining and / or not granting permission or approvals from statutory authorities.

11.10 All taxes and duties applicable to the licensee shall be payable by the licensee, Deendayal Port shall

not be responsible for non-recovery of any amount from the exporters or importers etc.

11.11 The operators / maintenance staff deployed by the licensee shall obtain permission from CISF for

entry into port premises as per the prevailing guidelines.

11.12 The licensee shall deploy the HMCs & Material Handler for the operation as per the requirement of

11.13 The licensee shall be bound by all the rules, regulations and bye- laws relating to handling

operations, maintenance, and the like which may be prescribed from time to time by Deendayal

Port Authority.

11.14 The crane deployed for operations shall be open at all times to the inspection of the licensor or his

authorized agents/TPIA or any other statutory agencies.

11.15 The Licensee at his own cost shall be solely responsible for the following:

(i) To execute the operation and maintenance of mobile harbour cranes & Material Handler

with due diligence, efficiency and in conformity with sound, administrative and financial

practices to protect the interest of the licensor.

(ii) To keep the work site free from obstructions.

(iii) To remove cranes from the berth as and when required by Deendayal Port Authority.

11.16 The licensee shall deploy and operate the Diesel & Electric (Duo) Powered Mobile Harbour Crane

& Material Handler at his own cost. Facility for Power connection will be provided near the jetty

or near the available source at 11 KV level from where the tapping along with necessary

arrangements shall be in the scope of Licensee at their cost. Charges towards Consumption of

Electricity shall be paid by the licensee to DPA as per the applicable tariff.

11.17 In case of non-availability of Electric supply, the HMCs & Material Handler shall be required to be

operated on Diesel drive, otherwise the HMCs & Material Handler are liable to be declared as non-

operational. Cost towards all the consumable including but not limited to diesel for any operations

of HMCs Material Handler, same shall be arranged by the contractor at their own resources and

11.18 The firm shall provide trained and experienced personal for satisfactory crane operations.

11.19 The firm shall take comprehensive insurance for its crane(s), operating personnel(s) including

Third Party liabilities. All liabilities on account of workmen compensation shall be on account of

the contractor.

11.20 For safety of crane and personnel(s), crane shall work strictly as per manufacturer’s load chart

and should adhere to all applicable safety & precautionary measures.

11.21 The crane shall be provided with enough operators, helpers, service & maintenance staff to meet

the site working conditions round the clock & all other consumables (if any).

11.22 Sufficient spares with minimum of critical spares shall be maintained as per OEM list of essential

items/parts etc. for each HMCs / Material Handler. It will be the responsibility of the licensee to

keep sufficient spares readily available to make the cranes operational for round the clock cargo

operation. The list of Critical spares as recommended by OEM/OPM shall be submitted to DPA

with tender documents. Licensee shall also be liable for keeping the spares/items required for

routine maintenance as per schedule of OEM/OPM and shall keep the spares/items well in

advance for smooth functioning of HMCs /Material Handler.

11.23 Considering the long-term contract of 10 years which may be extended for any period but

maximum to 02 years, HMCs & Material Handler may be required to deploy on any cargo jetty

including the new jetties which may come in future during the tenure of contract including

extension. This liability of contractor shall be for one occasion for each five years for each HMCs

& Material Handler, which shall be carry forwarded till the end of the contract period at the risk

& cost of contractor.

11.24 Normally tyre mounted cranes are in use at DPA, in case licensee / contractor is deploying flat

shoe crawler mounted cranes on urgent requirement of DPA (within 03 months) and afterward

DPA observed non suitability/damaging of jetties from crawlers, same shall be modified/replaced

with tyre mounted or track mounted as directed by DPA, without any cost to DPA. Time period

for modification / replacement shall be given as 03 (three) months from the date of written

intimation by DPA. This modification/ replacement period shall be considered as available period

and no penalty shall be levied by DPA for that period of three months. However, MGT will be

deducted for non-operational period. Delay in modification/replacement beyond the allowed time

of 03 (three months) shall attract penalty as per penalty clause sr. no. 16 of Section-III (SCC).

12. LICENSOR’S OBLIGATION

(i) If required and requested by the licensee/contractor, space for containers shall be provided

as per applicable SOR rates.

(ii) DPA shall provide suitable place near the operational area for parking of the HMCs & Material

Handler, free of cost along with water for cleaning of HMC’s & Material Handler, subject to

availability. During non-operational period of HMC(s) & Material Handler, the same shall be

parked at the parking area or as per direction of DPA.

(iii) Administrative support only, for obtaining clearance from any statutory authority, shall be

provided by the employer.

(iv) On successful completion of all the obligations under the contract and on the request of the

Contractor, the employer shall issue a “Completion Certificate”.

(v) On successful completion of all the obligations under the contract and on the request of the

Licensee, a “Performance Certificate” will be issued by DPA.

(vi) DPA shall provide administrative assistance for necessary declaration letters & forms, without

any financial implication on DPA.

13. Safety Measures to be adopted by Licensee:

i. Compliance with Statutory Acts/Regulations:

The Licensee shall comply with all relevant safety regulations and standards set by local,

regional, and national authorities. This includes occupational safety, environmental, and

equipment safety regulations. Specifically, the Dock Workers (Safety, Health and Welfare)

Act, 1986 and The Dock Workers (Safety, Health & Welfare) Regulations, 1990 shall be

complied strictly. Also the Lifesaving rules and other safety rules of DPA shall be followed

strictly. The violation of the same shall lead to penalty deemed fit for the same.

ii. Manufacturer’s Safety Standards:

The Licensee shall ensure that the safety features and standards been adhered by the

manufacturer of the mobile harbor crane. It shall be ensured that the crane meets or even

exceeds industry safety standards.

iii. Operator Training and Medical Certification:

Ensure that operators are adequately trained and medically fit to operate the mobile harbor

crane and hold valid certifications.

iv. Safety Devices and Features:

The safety devices and advanced features for ensuring the human safety and mitigating fire

emergency shall be provided in the mobile harbor crane. This may include emergency stop

systems, load moment indicators, collision avoidance systems, advanced fire extinguishing

system and other safety features designed to prevent accidents.

v. Maintenance and Inspection Procedures:

The documentation outlining the recommended maintenance and inspection procedures for

the mobile harbor crane shall be developed and implemented. Regular inspections and

maintenance shall be executed rigorously for ensuring the ongoing safety and reliability of

vi. Emergency Response Planning:

The emergency response plan shall be prepared and submitted to mitigate all type of

emergencies related to mobile harbor crane. This should cover procedures for dealing with

accidents, fires, and other emergencies, as well as the availability of emergency equipment on-

vii. Load Capacity and Stability:

The load capacity and stability requirements of the mobile harbor crane shall be clearly

defined. It shall be ensured that the crane is operated within its specified limits, reducing the

risk of accidents due to overloading or instability.

viii. Work place environmental aspects:

The work place environmental aspects such as noise levels, emissions, or spill containment

measures, depending on the location and environmental regulations shall be monitored and

followed strictly.

ix. Documentation and Manuals:

The comprehensive documentation, including operation manuals, safety manuals, and any

other relevant documents shall be developed and followed. It shall be ensured that users

have access to this information necessary for safe operation and maintenance.

x. Personnel Protective equipment:

The Licensee 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 shoes, helmets, nose

masks, hand gloves etc. by his staff at site.

The Licensee shall inform about the occurrence of any incident/accident, at the work site or

in connection with execution of the contract, report such incidents/accidents to the

Operation-In-Charge as per the requirement of Dock Workers (Safety, Health & Welfare)

Regulations, 1990. He shall also provide the information about the incident/accident to the

concerned department of DPA and Inspectorate of Dock Safety, Kandla. Licensee shall ensure

safe operational area of HMC & Material Handler by following safe working practices including

SoP (to be prepared for all types of operational & maintenance activities) & shall be got approve

14. Freedom to deploy additional Cranes

Deendayal Port Authority shall be free to deploy any number of additional Cranes during the

currency of the existing licenses in any manner i.e. owned / hired or by way of grant of additional

15. Fraudulent documentation by bidders:

Submission of fraudulent documents shall be treated as major violation of the tender procedure

and in such cases the Port shall resort to forfeiture of SD/BG of the bidder, apart from blacklisting

the firm for the next 3 years.

(i) The contractor shall deploy all the HMCs & Material Handler within 03 Months of stipulated

time period after issuance of LoA. However, in case of delay in successful deployment of

HMCs & Material Handler shall attract penalty of Rs. 3,90,000/- per week or part thereof for

delay in deployment of each HMCs, limiting to Rs. 78,00,000/-, i.e. 20 weeks, failing which

total performance security deposited shall be forfeited and contract may be terminated for

the respective HMCs & Material Handler. The competent Authority of DPA, at its discretion

may terminate the contract after 20 weeks of delay in deployment or give extension basis on

the justification & facts submitted by the Licensee.

(ii) In case of non-deployment of HMCs & Material Handler, DPA shall forfeit the Performance

Security Deposit against respective HMCs & Material Handler. In case none of the HMCs &

Material Handler deployed as per contract conditions awarded to the licensee, DPA shall

debar, cancel and ban all type of business activities with the respective Licensee within DPA

up to 03 years.

(iii) In case of shortage in throughput compared with minimum specified as under (as and when

amended by DPA, as per SOR/SoP):

Cargo MTPD (MT per day)

Salt 14,000 MT per day

Iron Ore 13,800 MT per day

Gypsum, MOP, Fertilizer 11,500 MT per day

Coal 13,000 MT per day

Food grains, pet coke, met coke 09,005 MT per day

Shortfall to the above minimum through put to be evaluated on the monthly hourly basis

and shall attract penalty of equal amount of loss of revenue to DPA, same shall be

recovered from the bills of the Licensee.

For example: HMC no. 1”

Cargo handled in April :

for Salt for 10.7 days

and Coal for 15.2 days

Minimum through put shall be, for Salt 14000*10.7 =1,49,800 Ton

and, for Coal 13000 * 15.2 = 1,97,600 Ton.

If actual though put achieved by the HMC no. 1 in April:

for Salt =1,25,000 Ton

and, for Coal =1,50,000 Ton.

Therefore, shortfall in through put of HMC no. 1 in April:

for Salt = 24,800 ton

and, for Coal = 47,600 ton.

Let’s assume, Licensee quoted for their revenue share as 48 % on the SoR for individual

cargo and therefore DPA share from the revenue will be 52%.

Let’s assume, SoR rates for handling for Salt =Rs. 70/- and for Coal = Rs. 90/-.

Loss in revenue for DPA for Salt = Rs. 24800* (52 % of 70) = Rs. 9,02,720/-,

And loss in revenue for DPA for Coal = Rs. 47600 * (52 % of 90) = Rs. 22,27, 680/-

Therefore, total revenue loss for DPA = 31,30,400/- and same shall be recovered from

the bills of the Licensee for the month of April for HMC no.1.

(iv) In case deployed HMC & Material Handler is getting frequent break down or not able to

handle the cargo between ship & jetty in the operational conditions of DPA at Kandla or

shortage in throughput and cargo handling operation at DPA is hindered, Licensee is liable

to replace the required HMC & Material Handler by new one as re-deployment, within a period

of 03 months failing which DPA will forfeit the PSD for respective HMC / Material Handler.

TPIA of DPA will verify each such occurrence of event and decision of EIC in this regard will

be final and bounding.

(v) Non-availability due to shortage of spares or any items required for successful operation of

cargo handling at DPA shall be in the account of licensee including cost of such materials.

Licensee shall keep all

(vi) It will be the responsibility of the Licensee to operate and maintain the HMC & Material

Handler in safe and efficient manner as per prevailing rules, deficiencies in any rule may

results in termination of License.

(vii) Availability below 50% in any year for any reasons, results in no MGT by DPA for that

particular year. Reduction in availability for the reasons attributable to the contractor will

attract reduction in MGT in proportion and penalty both.

(viii) Availability below 50% in any year for the reasons attributable to the contractor

may results in termination of the contract including penalties as specified in this tender

(ix) Availability of each HMC & Material handler shall be minimum for 95 % in any month.

Reduction in availability for the reasons attributable to the Licensee below 95% in any month

(corresponding to no. of days of a particular month) shall attract penalties as under:

Sr. No. Reduction in availability Penalty

1 Availability < 95% Rs. 10,000/- per hour.

SCOPE OF THE WORK

1. Broad Scope of Work

(a) Commencement of Hiring / License Period: Subject to other provisions of the Order, the

revenue share starts from the date, when the crane(s) is deployed and ready for operation,

meeting all statutory requirements.

(b) Successful deployment of HMCs & Material Handler at DPA for successful operation to handle

the cargo at Kandla including but not limited to, Supply, Installation, Testing, Commissioning,

complete Operation and Maintenance etc. of two nos. HMCs of 100 MT or above capacity &

one Material Handler with minimum of 35 meters reach along with suitable size of grabs on

Revenue sharing basis for up to a period of 10 years extendable up to 02 more years on

same terms & conditions at DPA.

(c) It will be required to handle project / ODC Cargo, may be through tandem operation, other

than bulk & break bulk cargo.

(d) De-mobilization of HMCs & Material Handler after clearance from DPA, on completion of

contract period from the port area, within 30 days.

(e) The Licensee shall supply 02 no. of HMC & 01 nos. of Material Handler for deployment at

DPA, The HMCs and Material Handler shall be manufactured within 07 (seven)

years, before the last date of bid submission.

2. Duration of Hiring i.e. License period of HMCs and Material Handler:

Sr. Description License Extendable

No. period period

i Date of manufacturing of HMCs/Material Handler within one year before 10

the last date of bid submission.

ii Date of manufacturing of HMCs/Material Handler within two years before 09

the last date of bid submission.

iii Date of manufacturing of HMCs/Material Handler within three years 08

before the last date of bid submission.

(a) Extendable period is on the same terms & conditions, subject to satisfactory performance.

(b) If Bidder initially deployed old HMC/Material Handler as per conditions of this tender document

and however afterward Licensee requested and deploy new HMC/Material Handler before

completion of initial License period, DPA may consider for revised license period as per above

table, Sr. No.- (i) i.e. “Date of manufacturing of HMCs/Material Handler within one year before

the last date of bid submission”, but in any case license period shall not be more than

(ten) years and extendable period of 02 (two) years’ subject to satisfactory performance.

3. Technical Specifications for HMCs and Material Handler:

The offered HMC and Material Handler Crane shall meet the following requirements.

Sr. No. Description of Parameter Details / Requirement

1. Vessels to be Handled Panamax / New Panamax / Baby cape / Cape/ others

2. Crane Operability DGFASLI authorized competent person’s certification

OEM Certification on operational performance

and safety compliance regarding

reliable operation during O &M.

3. Lifting capacity of HMCs For HMC: 100MT or above,

and Material Handler For Material Handler: 30MT or above, which must

meet the cargo throughput as per SoR criteria of DPA,

as and when amended.

4. Outreach Min. 40 Mtrs. or above for HMCs and 35 Meter or above

for Material Handler.

5. Uniform load distribution The berth is designed for live load of 5 MT/m2.

However the pad sizes should not be less than 6 x

6. Mode of operation Diesel + Electrical (Duo), shall operate on 11 KV

7. Grabs For HMCs: 2 Nos. each crane (one of 30 to 35 cbm and

second shall be ≥ 22 cbm).

For Material Handler of suitable capacity with quick

coupling arrangement: Loading Hook with Minimum one

each for high density bulk cargo, low density bulk cargo

and Orange peel grab for scrap, wood grab, steel coil

handling attachments, pipe handling attachment, pan

attachment etc.

Note: Suitable for handling Salt, Soya Bean, wheat,

sugar, bagged cargo, Urea, MOP, Sulphur, RSM, clay,

scrap, coal, coke, Project, pipes, wooden logs, steel coil,

8. Minimum Average per day as Presently as per berthing policy, per day cargo handling

per SoR of DPA (as and when norms set by port for these cargoes are as under,

amended) (however same may be amended as and when

required basis by DPA):

Cargo MTPD (MT per day)

Salt 14,000 MT per day

Iron Ore 13,800 MT per day

Gypsum, MOP, Fertilizer 11,500 MT per day

Coal 13,000 MT per day

Food grains, pet coke, met 09,005 MT per day

4. Operational Requirement:

Sr. Description of Parameter / Details / Requirement

1. Working Days All days in a month including Sundays & National Holidays.

2. HMC Cranes & Material Valid statuary certificates in proof of completed statutory

Handler survey requirements

3. Operational team along As per requirements for operation & maintenance for 3 shift

with Crane operation

4. Formality related to Gate In scope of Licensee

entry permits / passes

The load test should be carried out before putting HMCs & Material Handler into operation or ready

to use. The load for the load test shall be arranged by the firm at their own cost. Load testing for

initial (and subsequent, if any) HMC crane & Material Handler shall be certified by an authorized

third-party inspection agency (TPIA) and DGFASLI authorized competent person and cost towards

engagement of DGFASLI authorized competent personal will be in scope of Licensee. The quoted

Prices of the firm shall be deemed to include load testing of the crane as required to establish the

lifting capacity of the crane. Moreover, supporting Cranes, equipment, consumables and tools &

tackles required for assembly and de-assembly of cranes is in the scope of the Licensee.

6. Movement of HMC Crane & Material Handler:

Movement of HMC Crane & Material Handler within berths at cargo jetty area of DPA will be carried

out as per requirement of DPA. The movement period is to be considered as hiring period and log

sheet to be signed accordingly.

7. The HMCs & Material Handler shall be provided with a weight meter, which shall be calibrated

minimum once in every year. However, in case of any complain/dispute with observation of TPIA,

calibration shall be carried out as and when situation arises at the cost of the Licensee. The

calibration certificate shall be submitted to DPA for verification. The Licensee shall maintain proper

records of the weight meter readings, which shall be submitted along with the monthly statement

for the verification of DPA.

8. After issuance of LoA within 30 days, Licensee shall submit the hard copy as proof for placement

of order for new HMCs & Material Handler. In any case HMCs & Material Handler shall be deployed

new only either own or hired. In case of hired, a documentary proof for the hiring agreement shall

be submitted to DPA.

9. The possession and effective control, at all the times, of the crane(s) shall be of the Licensee only.

Operation of the Crane should be handled exclusively by the trained operators.

Seal and signature Executive Engineer (M)

of the bidder Deendayal Port Authority

Grant of License for “Urgent hiring of 02 Nos. of Harbour Mobile Cranes (HMCs) of 100 MT

or above capacity & 01 no. of Material Handler of 35 meter or above reach on Revenue

sharing basis for a period of 10 years, extendable up to 02 years at DPA”.

Description Quote for Revenue Share in No. of HMCs /

% (percent) of SOR Material Handler

rates. for which license

(i.e. % of Share demanded is sought.

from SoR rates as on the date

of “Submission of

HMC of 100MT or above capacity % Nos.

with minimum of 40 meters reach.

Material Handler of minimum % Nos.

35 meters reach.

(1) Schedule of Rates (SOR) as per type of cargo shall be collected by DPA and quoted % of SoR

as demanded by the bidder/licensee as revenue share for the respective cargo shall be shared

(2) Rates of DPA SOR prevailing at the time of last date of submission of the bid shall be

considered for First year of the contract for each type of cargo. From second year onwards

(two) % escalation per annum on the previous year shall be taken for calculation for revenue

share for respective cargo. Escalation as above shall be applicable for entire contract period

including extension period. {The 2 (two) % escalation effect is cumulative

irrespective of revision in SOR rates upward/downwards}.

(3) There will not be any escalation other than 2% as mentioned in the contract, any

representation / claim shall not be entertained by DPA for what so ever reason.

(4) I/We accept to pay GST as applicable from time to time.

(5) I/We hereby certify that I/We have examined and am/are satisfied that they are accurate

and agree to abide by all these terms and conditions laid therein.

(6) The bidder quoting only for Material handler shall mark “Not Applicable” for BoQ-1

(7) The bidder quoting only for HMCs shall mark “Not Applicable” for BoQ-II

Seal and signature Executive Engineer (M)

Of the bidder Deendayal Port Authority

Deendayal Port Authority

Form of Agreement (for Execution of work)

(to be executed on Rs.300-non-judicial stamp paper)

[the successful bidder shall fill in this form in Accordance with the instructions indicated]

This agreement made of this day of Two Thousand Twenty-five

between the Board of Deendayal Port Authority, a body corporate under Major Port Authorities Act,

2021 have its registered office at Administration Office Building at Gandhidham (Kutch) (hereinafter

called the ‘Board’ which expression shall unless excluded by or repugnant to the context, be deemed

to include their successors in office) of the one part and (Name and address of all the

partners if a partnership with all their address) hereinafter called the ‘Licensee’ which expression

shall unless excluded by or repugnant to the context be deemed to include his / their heirs,

executors, administration, representatives and assignees or successors in office of the other part.

WHEREAS the Board is desirous to carrying out the work of

and whereas the Licensee has offered to execute and complete such work.

WHEREAS the Licensee has deposited a sum of Rs. (Rupees

only) as security deposit in the form of Online Digital Transfer or FDR or in form of Bank Guarantee

or Insurance surety bond for the due fulfilment of all the conditions of the contract.

NOW THIS AGREEMENT WITHINESS AS FOLLOWS:

1. In this agreement words and expression shall have the same meaning as are respectively

assigned to them in the general condition (including special conditions, if any) of contract

hereinafter referred to.

2. The following documents shall be deemed to form and read as construed part of this

agreement viz.:

i) Notice inviting tender.

ii) Instruction to Bidders

iii) General Condition of License

iv) Scope of Work

v) Tender submitted by the Licensee, including Section I to VIII of tender document.

vi) The schedule items of work with quantities and rates.

vii) Any correspondence made between the Executive Engineer (Mechanical) and the

Licensee after opening of the Cover-I -as regards to contain clarifications/details called

for vice versa.

viii) Common terms and conditions offered to Licensee and their acceptance including

confirmation to withdrawal of their own terms and conditions offered with the tender

ix) Bank Guarantee for security deposit.

1. The Licensee hereby covenants with the Board to complete the work of in

conformity in all respects, with the provisions of the contract.

2. The Board hereby covenants to pay the Licensee in consideration of such completion

of the works, the contact price of Rs. (Rupees

only) at the time and in the manner prescribed of the contract.

IN WITHNESS WHERE of the parties here unto have set their hands and seals the day and year first

above written signed and sealed by the Licensee in the presence of:

1. Name & Address

Signature of Licensee & Seal

2. Name & Address Seal

Signed, sealed and delivered by Shri on behalf of the Board in presence of

(Chief Mechanical Engineer)

Deendayal Port Authority

The common seal of the Board of Authorities of the Port of affixed in the presence of:

Deendayal Port Authority

SPECIMEN BANK GUARANTEE FOR PERFORMANCE GUARANTEE /

SECURITY DEPOSIT

(To be executed on Rs. 300/- non-judicial Stamp Paper& to be submitted after entering by issuing

Branch in their online system for generating Bank Guarantee in SFMS Mode)

The Board of Authorities of the Port of Kandla, Deendayal Port Authority

A.O. Building, P.O. Box No.50, Gandhidham -Kutch.

In consideration of the Board of Deendayal Port Authority incorporated by the Major Port Authority

Act, 2021 (hereinafter called “The Board” which expression shall unless excluded by or repugnant

to the context or meaning thereof be deemed to include the Board of Deendayal Port Authority, its

successors and assigns) having agreed to release Secured Deposit payment to hereinafter called the

(Name of the contractor/s) Under the terms and conditions of the contract, vide

’s letter No (Name of the

Date made between the contractors and the Board for execution of

covered under Tender No.

dated (hereinafter called “the said contract”) for the

payment of Security Deposit in cash or Lodgment of Government Promissory Loan Notes for the due

fulfilment by the said contractors of the terms and conditions of the said contract, on production

of a bank Guarantee for Rs. (Rupees

) only we, the (Name of the Bank and

(hereinafter referred to as “the

Bank”) at the request of the contractors do hereby undertake to pay to the Board

an amount not exceeding Rs.

(Rupees ) only against any loss or damage caused to

or suffered or which would be caused to or suffered by the Board by reasons of any breach by the

contractors of any of the terms and conditions of the said contract.

2. We, , do hereby

(Name of Bank) (Name of Branch)

Undertake to pay the amount due and payable under this guarantee without any demur merely on

a demand from the Board stating that the amount claimed is due by way of loss or damage caused

to or which would be caused to or suffered by the Board by reason of any breach by the contractors

of any of the terms and conditions of the said contract or by reason of contractor’s failure to perform

the said contract. Any such demand made on the Bank shall be conclusive as regards the amount

due and payable by the Bank under this Guarantee. However, our liability under this guarantee shall

be restricted to any amount not exceeding Rs. -

(Rupees ) only.

3 We, , undertake to pay to the (Name of Bank and

Board any money so demanded notwithstanding any dispute or disputes raised by the

contractor(s) in any suit or proceeding pending before any Court or Tribunal relating thereto our

liability under this present being absolute and unequivocal. The payment so made by us under this

bond shall be a valid discharge of our liability for payment thereunder and the Contractor(s) shall

have no claim against us for making such payment.

4. We, further agree with the Board that the (Name of Bank and Branch)

guarantee herein contained shall remain in full force and effect during the period that would be

taken for performance of the said contract and that it shall continue to be enforceable till all the

dues of the Board under or by virtue of the said contract have been fully paid and its claims

satisfied or discharged or till the

(Name of the user department)

of the said certifies that the terms and conditions of the said contract have been fully and properly

carried out by the said Contractors and accordingly discharge this guarantee. PROVIDED HOWEVER

that the Bank shall be the request of the Board but at the cost of the Contractors, renew or extend

this guarantee for such further period or periods as the Board may require from time to time.

5. We, further agree with the Board that the (Name of Bank

Board shall have the fullest liberty without our consent and without affecting in any manner our

obligations hereunder to vary any of the terms and conditions of the said contract or to extend the

time of performance by the said contract or to extend the time of performance by the said

Contractors from time to time or to postpone for any time or from time to time any of the powers

exercisable by the board against the said Contractors and to forebear or enforce any of the terms

and conditions relating to the said contract and we shall not be relieved from our liability by reason

of any such variation or extensions being granted to the contractors or for any forbearance, act or

omission on the part of the Board or any indulgence shown by the board to the Contractors or by

any such matter or thing whatsoever which under the law relating to sureties would, but for this

provision, have effect of so relieving us.

6. This guarantee will not be discharged due to the change in the constitution of the Bank or the

7. It is also hereby agreed that the Courts in Gandhidham would have exclusive jurisdiction

in respect of claims, if any, under this Guarantee.

8. We, Bank lastly undertake not to revoke this guarantee during its currency

except with the previous consent of the Board in writing.

9. Notwithstanding anything contained herein:

(a) Our liability under this Bank Guarantee shall not exceed Rs.

(b) This Bank Guarantee shall be valid upto ; and

(c) We are liable to pay the guarantee amount or any part thereof under this Bank Guarantee

only and only if you serve upon us a written claim or demand on or before

(date of expiry of Guarantee).”

10. (i) Name of Beneficiary’s Bank is State Bank of India, Gandhidham.

(ii) IFSC No. of Beneficiary’s Bank is SBIN0060239.

(iii) Bank Account No. of Beneficiary is10316591671. Date

For (Name of Bank) (Name) Signature

SPECIMEN FORMAT FOR DECLARATION

(To be executed on bidder’s letter head)

Ref: (Project Title)

The undersigned, having studied the pre-qualification submission for the above mentioned project,

(a) The information furnished in our bid is true and accurate to the best of my knowledge.

(b) That, in case of being pre-qualified, we acknowledge that the Employer may invite us to

participate in due time for the opening of Price bid of the Tender on the basis of provisions

made in the Tender Documents to follow.

(c) When the call for Tenders is issued, if the legal, technical or financial conditions, or the

contractual capacity of the contractor changes, we commit ourselves to inform you and

acknowledge your sole right to review the pre-qualification made.

(d) We enclose all the required pre-qualification data format and all other documents and

supplementary information required for the pre-qualification evaluation.

(e) We also state that no changes have been made by us in the downloaded tender formats and

understand that in the event of any discrepancies observed, the tender hoisted on website

of (n) procure is full and final for all legal/contractual obligations.

(f) We also declare that, our contractor has not been banned / de-listed by any government or

(g) We also give an undertaking that, we 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 PC Act in connection with the bid.

Name of the Bidder:

Represented by (Name & Capacity)

SPECIMEN LETTER OF AUTHORITY FROM BANK

(To be executed on Bank’s Letter Head)

The Board of Trustees of Port [insert port],

Sub: Our Bank Guarantee No. dated for Rs. favoring

yourselves issued on a/c of

M/s. (Name of Licensee)

We confirm having issued the above-mentioned guarantee favouring yourselves,

issued on account of M/s. validity for expiry upto date

and claim expiry date upto

We also confirm 1) 2) is/are

empowered to sign such Bank Guarantee on behalf of the Bank and his/their signatures is/are

binding on the Bank.

Name of signature of Bank Officer

EXCEPTIONS AND DEVIATIONS

Bidder is requested to refer the relevant Tender conditions along with clause no. 31 under Section-

I, for submission of bid without any deviation. Bidder shall certify that there is no deviation to the

standard tender conditions and document.

Sr. No. Page No. of Bid Clause No. of Bid Subject

Document Document Deviation

I/We hereby certify that there is no deviation made in the standard tender document

Duly authorized to sign this authorization on behalf of: [insert complete name of Bidder]

Date on day of , [insert date of

Deendayal Port Authority (DPA) hereinafter referred to as "The Principal"

................................................. (Name of The bidders and consortium members) hereinafter

referred to as "The Bidder / Contractor"

The Principal intends to award, under laid down organizational procedures, contract(s) /

concession(s) for Tender No. ............................. The Principal values full compliance with all relevant

laws of the land rules, regulations, economic use of resources and of fairness / transparency in its

relations with its Bidder(s) and / or Contractor(s).

In order to achieve these goals, the Principal will appoint Independent External Monitors (IEMs),

who will monitor the tender process and the execution of the contract for compliance with the principles

mentioned above.

Section 1 - Commitments of the Principal

(1) The Principal commits itself to take all measures necessary to prevent corruption and to observe

the following principles: -

(a) No employee of the Principal, personally or through family members, will in connection with

the tender for, or the execution of a contract, demand, take a promise for or accept, for self

or third person, any material or immaterial benefit which the person is not legally entitled to.

(b) The Principal will, during the tender process treat all Bidder(s) with equity and reason. The

Principal will in particular, before and during the tender process, provide to all Bidder(s) the

same information and will not provide to any Bidder(s) confidential / additional information

through which the Bidder(s) could obtain an advantage in relation to the tender process or

the contract execution.

(c) The Principal will exclude from the process all known prejudicial persons.

(2) If the Principal obtains information on the conduct of any of its employees which is a criminal

offence under the IPC / PC Act, or if there be a substantive suspicion in this regard, the Principal

will inform the Chief Vigilance Officer and in addition can initiate disciplinary actions.

Section 2 - Commitments of the Bidder(s) / Contractor(s)

(1) The Bidder(s) / Contractor(s) commits themselves to take all measures necessary to prevent

corruption. The Bidder(s) / Contractor(s) commits themselves to observe the following principles

during participation in the tender process and during the contract execution.

a. The Bidder(s) / Contractor(s) will not, directly or through any other person or firm, offer,

promise or give to any of the Principal's employees involved in tender process or the

execution of the contract or to any third person any material or other benefit, which he / she

is not legally entitled to, in order to obtain in exchange of advantage of any kind whatsoever

during the tender process or during the execution of the contract.

b. The Bidder(s) / Contractor(s) will not enter with other Bidders into any undisclosed

agreement or understanding, whether formal or informal. This applies in particular to prices,

specifications, certifications, subsidiary contracts, submission or non- submission of bids, or

any other actions to restrict competitiveness or to introduce cartelization in the bidding

c. The Bidder(s) / Contractor(s) will not commit any offence, under the relevant Prevention of

Corruption Act / Indian Penal Code / PC Act; further the Bidder(s) / Contractor(s) will not use

improperly, for purposes of competition, or personal gain, or pass on to others, any

information or document provided by the Principal, as part of the business relationship,

regarding plans, technical proposals and business details, including information contained or

transmitted electronically.

d. The Bidder(s) / Contractor(s) of foreign origin shall disclose the name and address of the

Agents / Representatives in India, if any. Similarly, the Bidder(s) / Contractor(s) of Indian

Nationality shall furnish the name and address of the foreign principals, if any. Further details

as mentioned in the "Guidelines on Indian Agents of Foreign Suppliers" shall be disclosed by

the Bidder(s) / Contractor(s). Further, as mentioned in the Guidelines all the payments made

to Indian agent / representative have to be in Indian Rupees only.

e. The Bidder(s) / Contractor(s) will, when presenting their bid, disclose any and all payments

made, is committed to or intends to make to agents, brokers or any other intermediaries, in

connection with the award of the contract.

f. Bidder(s) / Contractor(s) who have signed the Integrity Pact shall not approach the Courts

while representing the matter to IEMs and shall wait for their decision in the matter.

(2) The Bidder(s) / Contractor(s) will not instigate third persons to commit offences outlined above or

be an accessory to such offences.

Section 3 - Disqualification from tender process and exclusion from future contracts.

If the Bidder(s) / Contractor(s), before award or during execution has committed a

transgression through a violation of Section-2 above, or in any other form, such as to put their

reliability or credibility in question, the Principal is entitled to disqualify the Bidder

(s) / Contractor(s), from the tender process, or take action as per the procedure mentioned in the

"Guidelines on Banning of business dealings".

Section 4 - Compensation for Damages

(1) If the Principal has disqualified the Bidder(s), from the tender process prior to the award, according

to Section 3, the Principal is entitled to demand and recover the damages equivalent to Earnest

Money Deposit / Bid Security.

(2) If the Principal has terminated the contract according to Section 3, or if the Principal is entitled to

terminate the contract according to Section 3, the Principal shall be entitled to demand and recover

from the Contractor, liquidated damages of the Contract Value or the amount equivalent to Security

Deposit / Performance Bank Guarantee, whichever is higher.

(3) The Bidder(s) agrees and undertakes to pay the said amounts, without protest or demur, subject

only to condition that, if the Bidder(s) / Contractor(s) can prove and establish that the termination

of the contract, after the contract award has caused no damage or less damage than the amount

of the liquidated damages, the Bidder/Contractor shall compensate the principal, only to the extent

of the damage in the amount proved.

Section 5 - Previous transgression

(1) The Bidder declares that, no previous transgressions occurred in the last three years with any

other company in any country confirming to the anti-corruption approach or with any other

Public Sector Enterprises in India, that could justify his exclusion from the tender process.

(2) If the Bidder makes incorrect statement on this subject, he can be disqualified from the tender

process or action can be taken as per the procedure mentioned in "Guidelines on Banning of

Business dealing".

Section 6 - Equal treatment of all Bidders / Contractors

(1) In case of a Joint Venture, all the partners of the Joint Venture will enter into agreement with

identical conditions as this on which all Bidder

(2) There is no provision of sub-contract in the tender, any violation of the same, Contractor shall be

held solely responsible for the same.

Section 7 - Criminal charges against violating Bidders / Contractors

If the principal obtains knowledge of conduct of a Bidder or Contractor or of an employee, or a

representative, or an associate of a Bidder or Contractor, which constitutes corruption, or if the

Principal has substantive suspicion, in this regard, the Principal will inform the same to the Chief

Vigilance Officer (CVO) and the CVO will take further necessary action as deemed fit in accordance

with the CVC Manual.

Section 8 - External Independent Monitor

(1) The Principal appoints competent and credible Independent External Monitor for this Pact after

approval by Central Vigilance Commission. The task of the Monitor is to review independently and

objectively, whether and to what extent the parties comply with the obligations under this

(2) The Monitor is not subject to instructions by the representative of the parties and performs his /

her functions neutrally and independently. The Monitor would have access to all Contact

documents, whenever required. It will be obligatory for him / her to treat the information and

documents of the Bidders / Contractors as confidential. He / she reports to the Chairperson of the

Board of the Principal.

(3) The Bidder(s) / Contractor(s) accepts that the Monitor has the right to access without restriction

to all Project documentation of the Principal including that provided by the Contractor. The Bidder

/ Contractor will also grant the Monitor, upon his / her request and demonstration of a valid interest,

unrestricted and unconditional access to the project documentation. The Monitor is under

contractual obligation, to treat the information and documents of the Bidder / Contractor with

(4) The Monitor is under contractual obligation to treat the information and documents of the Bidder(s)

/ Contractor(s) with confidentiality. The Monitor has also signed declaration on "Non- Disclosure

of Confidential Information" and of "Absence of Conflict of Interest". In case of any conflict of

interest arising at a later date, the IEM shall inform Chairman, DPA and recues himself

/ herself from that case

(5) The Principal will provide to the Monitor sufficient information about all meetings among the parties

related to the Project provided such meetings could have an impact on the contractual relations

between the Principal and the Bidder / Contactor. The parties offer to the Monitor the option to

participate in such meetings.

(6) As soon as the Monitor notices, or believes to notice, a violation of this agreement, he / she will so

inform the Management of the Principal and request the management to discontinue, or take

corrective action. The Monitor can in this regard submit non-binding recommendations. Beyond

this, the Monitor has no right to demand from the parties that they act in a specific manner, refrain

from action or tolerate action.

(7) The Monitor will submit a written report to the Chairperson of the Board of the Principal, within

to 10 weeks from the date of reference or intimation to him by the Principal and, should the

occasion arise, submit proposals for correcting problematic situations.

(8) If the Monitor has reported to the Chairperson of the Board of the Principal, a substantiated

suspicion of an offence under relevant IPC / PC Act and the Chairperson of the Board of the Principal

has not, within reasonable time taken visible action to proceed against such offence or reported it

to the Chief Vigilance Officer, the Monitor may also transmit this information directly to the Central

Vigilance Commissioner, Government of India.

(9) The word "Monitor" would include both singular and plural.

Section 9 - Pact Duration

9.1 This Pact shall be operative from the date of signing of IP by both the parties till the final completion

of contract of successful bidder and for all other bidders six months after the contract has been

awarded. Issues like warranty, guarantee, etc. should be outside the purview of IEMs.

9.2 If any claim is made / lodged during this time, the same shall be binding and continue to be valid

despite the lapse of this pact, as specified above unless it is discharged /determined by the

Chairperson, DPA.

Section 10 - Other Provisions

(1) This agreement is subject to Indian Law. Place of performance and jurisdiction is the Registered

Office of the Principal, i.e., Gandhidham, Gujarat.

(2) Changes and supplements as well as termination notices need to be made in writing. Side

agreements have not been made.

(3) If the Bidder / Contractor is a partnership or a consortium, this agreement must be signed by all

partners or consortium member

SPECIMEN LETTER OF AUTHORITY FOR

SUBMISSION OF BID

(To be executed on Rs.300/- non Judicial Stamp Paper)

The (PORT Address)

designation and Address) is/are authorized to represent us to bid, negotiate and conclude the

agreement on our behalf with you against tender no------------------------------------- and

his specimen signature is appended here to ..

We confirm that we shall be bound by all and whatsoever our said signatory shall commit.

We understand that the communication made with him by the Employer/Board shall be deemed to

have been done with us in respect of this Tender.

[Specimen signature]

Yours faithfully,

Signature: Name &

Designation: For & on behalf of:

FORMAT OF BID SECURITY DECLARATION FROM BIDDERS

(On Bidders Letter head)

Bid Security Declaration Form

Date: Tender No.

To (insert complete name and address of the Employer/ Purchaser) I/We. The undersigned, declare

I/We understand that, according to your conditions, bids must be supported by a Bid Securing

I/We accept that I/We may be disqualified from bidding for any contract with you for a period of

three years from the date of notification if I am /We are in a breach of any obligation under the bid

conditions, because I/We

a) have withdrawn/modified/amended, impairs or derogates from the tender, my/our Bid

during the period of bid validity specified in the form of Bid; or

b) having been notified of the acceptance of our Bid by the purchaser during the period of bid

validity (i) fail or reuse to execute the contract, if required, or (ii) fail or refuse to furnish the

Performance Security, in accordance with the Instructions to Bidders.

I/We understand this Bid Securing Declaration shall cease to be valid if I am/we are not the

successful Bidder, upon the earlier of (i) the receipt of your notification of the name of the successful

Bidder; or (ii) thirty days after the expiration of the validity of my/our Bid.

Signed: (insert signature of person whose name and capacity are shown) in the capacity of (insert

legal capacity of person signing the Bid Securing Declaration)

Name: (insert complete name of person signing the Bid Securing Declaration)

Duly authorized to sign the bid for an on behalf of (insert complete name of Bidder)

Dated on day of (insert date of signing)

EVIDENCE TOWARDS SITE VISIT

I, Shri authorized representative of M/s.

(Authorization letter issued by the firm with my specimen signature

and passport size photo and Aadhaar card are enclosed) have visited the site on with DPA

representative, Shri (Designation) for the work of “Urgent hiring of 02 Nos. of Harbour Mobile

Cranes (HMCs) of 100 MT or above capacity & 01 no. of Material Handler of 35 meter or above reach

on Revenue sharing basis for a period of 10 years, extendable up to 02 years at DPA”. and inspected

the site and other issues related to tender to my satisfaction.

Name, Signature and Seal Name, Designation and Name, Signature and Seal

of the Bidder Signature of DPA of Executive Engineer

representative who assisted (Mechanical)

bidder during the

Format of Insurance Surety Bond for Earnest Money Deposit

(To be executed on Non-Judicial Stamp Paper of Appropriate value)

Insurance Surety Bond No.............

(Name of Contract)

To: (Name and address of Employer)

WHEREAS (name of Bidder) (hereinafter called "the Bidder") has submitted its Bid dated (date

of bid) for the performance of the above named Contract (hereinafter called "the Bid")

KNOW ALL PERSONS by these present that We (name of Insurance Company) of............. KNOW

ALL PERSONS by these present that We (name of Insurance Company) of........... (address of

Insurance Company) (hereinafter called "the Surety"), are bound unto the Board of Deendayal Port

Authority (hereinafter called "the Employer") for the sum of. (amount), for which payment well and

truly to be made to the said Employer, the Surety binds itself, its successors and assigns by these

THE CONDITIONS of this obligation are as follows:

1. If the Bidder (a) withdraws or modifies its Bid during the period of bid validity, or (b) adopts corrupt

or collusive or coercive or fraudulent practices or defaults under Integrity Pact.

2. If the Bidder, having been notified of the acceptance of its Bid by the Employer during the period

of bid validity.

(a) fails or refuses to sign the Contract Agreement when required, or

(b) fails or refuses to submit the performance security in accordance with the Tender Documents.

We undertake to pay to the Employer up to the above amount upon receipt of its first written

demand, without the Employer having to substantiate its demand, provided that in its

demand the Employer will mention that the amount claimed by it is due, owing to the occurrence of

one or both of the two above-named CONDITIONS, and specifying the occurred condition or conditions.

The Surety declares that this Insurance Surety Bond is issued by the .................... (name of

Insurance Company) as per the applicable rules and regulations of Insurance Regulatory Development

Authority of India (IRDAI).

This Insurance Surety Bond will remain in force up to and including (date 90 days after the period

of bid validity), and any demand in respect thereof must reach the Surety not later than the above date.

For and on behalf of the Insurance Company in the capacity of

Common Seal of the Insurance Company with complete address including Tel. Nos./e-Mail Id. Staff

Authority No. of the officer of the Insurance Company/Signatory

INSTRUCTIONS FOR EXECUTION OF INSURANCE SURETY BOND FOR EANEST MONEY DEPOSIT

1. Insurance Surety Bond for Earnest Money Deposit should be executed on non-judicial Stamp

papers of requisite value in accordance with the stamp Act if applicable to that particular state of

Indian Union country of executing Insurance Company, where executed. In case the same is

issued by an International Insurance Company (it should be registered under insurance Act

or as amended from time to time and approved by the Insurance Regulatory Development

Authority of India (IRDAI)) the law prevalent in the country of execution shall prevail for the

purpose of Stamp Duty on the Insurance Surety Bond. However, in such a case, the Insurance

Surety Bond for Earnest Money Deposit shall be got confirmed by the Bidder through any Indian

Scheduled/Nationalized Insurance Company.

2. The executing officers of the Insurance Surety Bond for Earnest Money/Bid Security shall clearly

indicate in (block letters) his name, designation, Power of Attorney No./Signing Power No. as well

as telephone/ fax numbers with full correspondence address of the issuing Guarantee etc.

3. Each page of the Insurance Surety Bond for Earnest Money Deposit shall be duty signed/initialled

by the executing officers and the last page shall be signed in full, indicating the particulars as

aforesaid (sub-para 2) under the seal of the Insurance Company

4. Stamp paper shall be purchased in the name of Insurance Company counting the Insurance

Surety Bond, after the date ‘Notice Inviting Tender’, not more than six months prior to

execution/issuance of the Insurance Surety Bond. The name of the purchaser should appear at

the back side of stamp paper in the Vendors Sing. The issuing insurance Company shall be

requested independently for verification/confirmation of the Insurance Surety Bond issued, non-

confirmation of which may lead to rejection of ‘Insurance Surety Bond’.

5. Irrevocable, valid and fully enforceable Insurance Surety Bond in favour of the Employer (Name

of Employer) issued by any Insurance Company registered under insurance Ac amended from time

to time and approved by the insurance Regulatory Development Authority of India (IRDA) in Indian

currency (INR) only is acceptable to the Employer.

6. Insurance Surety and for Bid security in original shall be submitted along with the Bid. However,

the issuing Insurance Company shall submit an unstamped duplicate copy of Insurance Surety

Bond directly by registered post (A.D.) to the Employer (authority inviting tenders) with forwarding

FORMAT FOR INSURANCE SURETY BOND FOR PERFORMANCE GUARANTEE

(To be execute on Non-Judicial Stamp paper of appropriate value)

(Insurance Surety Bond No ....................... )

(Name of the Contract)

The Board of Authorities of

the Port of Kandla, Deendayal Port Authority A.O. Building,

Gandhidham – Kutch.

In consideration of the Board of Deendayal Port Authority of the Port of DEENDAYAL PORT

AUTHORITY (hereinafter called “ The Board” which expression shall unless excluded by or

repugnant to the context or meaning thereof be deemed to include the Board of Deendayal Port Authority

of the Port of [DEENDAYAL PORT AUTHORITY], its successors and assigns) having awarded to M/s

Registered/Head Office at .................................. (hereinafter referred to as the ‘Contractor’, which

expression shall unless repugnant to the context or meaning thereof, include its successors

administrators, executors and assigns), a Contract by issue of Employer’s Letter of Acceptance No.

................ dated.................... and the same having been acknowledged by the Contractor, for

…………… [Contract sum in figures and words] for ...................... [Name of the work] and the Contractor

having agreed to provide a Contract Performance Guarantee for the faithful performance of the entire

Contract equivalent to ……..(*) ........of the said value of the aforesaid work under the Contract to the

We ...............[Name & Address of the Insurance Company] ..’........ having its Head Office at

................... (hereinafter referred to as the ‘Surety’, which expression shall, unless repugnant to the

context of meaning thereof, include its successors, administrators, executors and assigns) do hereby

guarantee and undertake to pay the Employer, on demand any and all monies payable by the Contractor

to the extent of .............. (*) ............... as aforesaid at any time upto ................ (@) ...............

[days/month/year] without any demur, reservation, contest, recourse or protest and/or without any

reference to the Contractor. Any such demand made by the Employer on the Insurance Company shall

be conclusive and binding notwithstanding any difference between the Employer and the Contractor or

any dispute pending before any Court, Tribunal, Arbitrator or any other authority. The Surety undertakes

not to revoke this guarantee during its currency without previous consent of the Employer and further

agrees that the guarantees herein contained shall continue to be enforceable till the Employer discharges

this guarantee or till .................... [days/month/year] whichever is earlier.

The Employer shall have the fullest liberty, without affecting in any way the liability of the

Insurance company under this guarantee, from time to time to extend the time for performance of the

Contract by the Contractor. The Employer shall have the fullest liberty, without affecting this guarantee,

to postpone from time to time the exercise of any powers vested in them or of any right which they

might have against the Contractor, and to exercise the same at any time in any manner, and either to

enforce or to forbear to enforce any covenants, contained or implied, in the Contract between the

Employer and the Contractor or any other course or remedy or security available to the Employer. The

Insurance company shall not be released of its obligations under these presents by any exercise by the

Employer of its liberty with reference to the matters aforesaid or any of them or by reason of any other

act or forbearance or other acts of omission or commission on the part of the Employer or any other

indulgence shown by the Employer or by any other matter or thing whatsoever which under law would,

but for this provision have the effect of relieving the Insurance Company.

The Surety declares that this Insurance Surety Bond is issued by the .................. (name of

Insurance Company) as per applicable rules and regulations of insurance regulatory development

authority of India (IRDAI), and also agrees that the Employer at its option shall be entitled to enforce

this Guarantee against the Insurance Company as a principal debtor, in the first instance without

proceeding against the Contractor and notwithstanding any security or other guarantee the Employer

may have in relation to the Contractor’s liabilities.

i) Our liability under this Insurance Surety Bond shall not exceed ………(*)……

ii) This Insurance Surety Bond shall be valid up to ……………….(+)…………….

iii) We are liable to pay the guaranteed amount or any part thereof under this Insurance Surety Bond

only and only if Employer serve upon Insurance Company a written claim or demand on or before

WITNESS Signed for and on behalf of the Insurance

1. (*) This sum shall be Five percent (5%) of the accepted tender value for minimum validity period

of 03 years before signing the agreement denominated in the types and proportions of currencies.

(@) This date will be sixty (60) days, claim period of three months, same shall be

extended or renewed for same period, before 03 months of expiry of the previous

Performance Guarantee.

(+) This date will be the date of issue of defect liability Certificate.

Insurance Surety Bond should be executed on appropriate stamp paper of requisite value, such stamp

paper should be purchased in the name of Issuing Insurance Company, not more than six (6) months

prior to execution / issuance of Insurance Surety Bond. The name of the purchaser should appear at the

back side of stamp paper in the Vendors Stamp. Insurance Surety Bond should contain rubber stamp of

the authorized signatory of the Insurance Company indicating the name, designation and signature/

power of attorney number as well as telephone numbers / e-Mail Id with full correspondence address of

the Insurance Company. In case the same is issued by an International Insurance Company (it should

be registered under Insurance Act 1938 or as amended from time to time and approved by the Insurance

Regulatory Development Authority of India (IRDAl)), the law prevalent in the country of

execution shall prevail for the purpose of Stamp Duty on the Insurance Surety Bond.

However, in such a case, the Insurance Surety Bond shall be got confirmed through any

Indian Scheduled/Nationalized Insurance Company.

3. Insurance Surety Bond is required to be submitted directly to the Employer by the issuing

Insurance Company (on behalf of Contractor) under registered post (A.D.). The Contractor

can submit an advance copy of Insurance Surety Bond to the Engineer.

4. The issuing Insurance Company shall write the name of Insurance Company's controlling

branch/ Head Office along with contact details like telephone no., e-Mail Id and full

correspondence address in order to get the confirmation of Insurance Surety Bond from that

branch/ Head office, if so required.

(1) SOR applicable for Break Bulk cargo:

(2) SOR applicable for dry cargo:

(1) Cargo handling statistics at DPA:

https://www.deendayalport.gov.in/wp- content/uploads/2025/04/Traffic-

Handled-by-DPA-during-Last- 10-Years-2.pdf

(2) Available cargo handling infrastructure owned by Port and Berth occupancy

are available in Administrative Report:

https://www.deendayalport.gov.in/en/downloads/reports/