No. MT/1-Cargo-Transportation/PS/2014-15/8941 Andaman and Nicobar Administration Directorate of Transport. ** Port Blair, dated the, 16-10-2014 TENDER NOTICE The Director of Transport, A&N Islands, Port Blair invites sealed tenders for engaging transporting agent/shippers/shipping agency for shipment of cargo such as spare parts, MS Barrels, Tyres etc from Port Blair to Havelock & Neil Island. The tender documents containing terms and conditions, EMD, and other details can be obtained from the office of the Cashier, Directorate of Transport, Port Blair on payment of Rs.500/- (Non-refundable) per set. The terms and conditions of the tender may also be downloaded from the official website of the Andaman and Nicobar Administration i.e. www.andaman.nic.in.such tenders shall accompany Rs. 500/- in form of Demand Draft/ Cheque in favour of Accounts Officer (Transport). Tender documents will be sold up to 4.00 PM till 26-11-2014 on all working days. The tender shall be opened on 27-11-2014 at 3.30 PM in the presence of the tenderer or their representative, if any. Mechanical Engineer 1
e-mail: rtoani@and.nic.in Ph/Fax: 03192-230225 DIRECTORATE OF TRANSPORT A & N ADMINISTRATION PORT BLAIR TENDER DOCUMENT FOR TRANSPORTATION OF General Cargo FROM PORT BLAIR to Various Inter-Islands TENDER NOTICE NO. : MT/1-Cargo-Transportation/PS/2014-15/8941 Dated 16 th Oct, 2014 DATE & TIME OF OPENING TENDER 27.11.2014 at 1530 Hrs Latest time and date for receipt of tender: 27.11.2014 at 1500 Hrs NAME AND ADDRESS OF BIDDER: The Director of Transport Andaman & Nicobar Administration Port Blair TENDER PURHCASE DETAILS: i. In cash: Rs.500/- (Amount to be deposited to the Cashier, Directorate of Transport, Port Blair) receipt No ii. Rs.500/- (If the Tender Downloaded from website) Demand Draft No. date in favor of the Accounts Officer (T), Directorate of Transport, Port Blair. EARNEST MONEY DETAILS: Rs 15000/- By Demand Draft* No. dated. Name of Bank *In favor of Accounts Officer (T), Directorate of Transport, Port Blair 2
TENDER DOCUMENT FOR TRANSPORTATION OF General Cargo FROM PORT BLAIR to Various Inter-Islands By The Directorate of Transport, Port Blair SECTION I 1. Invitation for Bids Table of Contents SECTION II 1. Procedure for submission of Bids 2. Cost of Tender 3. Language of Bids SECTION III 1. Eligibility Criteria 2. Bid Process 3. Schedule of specifications & quantity SECTION IV: INSTRUCTIONS TO BIDDERS (ITB) 1. General 2. Eligibility 3. Cost of Document 4. Cost of Bidding 5. Local conditions 6. Compliance with technical specifications 7. Documents establishing bidder s eligibility 8. Documents /items comprising the bid 9. Bid Security / EMD 3
10. Discharge of Bid Security of successful bidders 11. Delivery period 12. Bid Validity 13. Format & signing of bid 14. Bid opening 15. Award criteria 16. Notification of award SECTION V: GENERAL CONDITIONS OF THE CONTRACT (GCC) 1. Interpretation 2. Parties to the contract & other obligations 3. Contract 4. Delivery 5. Delays in the Contractor s performance 6. Liquidated damages 7. Termination for default 8. Consequence of Rejection 9. Force Majeure 10. Option clause 11. Laws covering the contract 12. Settlement of Dispute & Arbitration 13. Payments terms 4
SECTION I 1. Invitation for Bids 1.1 The Director of Transport, Port Blair proposes to obtain rates from shippers/shipping agency/ Forwarding & Clearing Agents, for shipment of general cargo i.e. spare parts, tyres and MS Barrels etc. from Port Blair to Havelock & Port Blair to Neil Island for a period of one year, is looking for eligible vendors. 1.2 Bidders are advised to study all technical aspects, instructions, terms and conditions carefully in the tender document. Failure to furnish all information required in the Tender Document or submission of a bid not substantially responsive to the Tender document in every respect will be at the bidder s risk and may result in the rejection of the bid. 1.3 Sealed offers prepared in accordance with the procedure enumerated in Clause 1 of Section II should be submitted to The Director of Transport, not later than the date and time laid down, at his address given in the schedule for invitation to Tender under Clause 1.13 of Section I. 1.4 All bids must be accompanied by a bid security of Rs. 15,000/- in the form of crossed Demand Draft / Call deposit valid for 12 months drawn from a scheduled nationalized bank in favour of the Accounts officer (T), Directorate of Transport, Port Blair, payable at Port Blair. Tenders not accompanied by Earnest Money or incomplete in any respect will be rejected outright. 1.5 This tender document is not transferable. 1.6 The categories of items and quantity indicated in the Schedule of work of Tender Document are tentative, Director of Transport reserves the right to increase or decrease the quantity of the items 5
to be transported from Port Blair to Havelock & Neil, depending on the needs of the Department without assigning any reasons. 1.7 The bidder should indicate the rate including all taxes, other duties (if any), levies, temporary registration charges, insurance charges, marine insurance charges etc. No additional information will be entertained after due date. 1.8 The Director of Transport reserves the right to reject any or all tenders without assigning any reason whatsoever. 1.9 The tenders will be opened on the date and time indicated in the presence of bidders if any present on the occasion. If the date of opening is declared to be a holiday the tenders will be opened on the next working day. 1.10 No advance payment or payment against Performa invoice will be made. Payment will be made after completion of works in full. 1.11 Printed conditions of the firm sent along with the quotation, if any, shall not be binding on this department. 1.12 On acceptance of tender, the date of completion of awarded work mentioned in the work order should be strictly adhered to. In case the transportation of cargos are not made within the stipulated period, Director of Transport will be at liberty to get the work done through other sources, and to forfeit the earnest money of the Bidder or levy LD Charges as envisaged in the terms of the tender. 1.13 Schedules for Invitation to Tender a) Address at which tender is to be submitted: The Director of Transport, Andaman Nicobar Administration Port Blair. Latest time and date for receipt of tender: 27.11.2014 at 3.00 PM. b) Place, Time and Date of opening of Tender: Place: Office of the Directorate of Transport, Port Blair. 6
Time & Date: 27.11.2014 at 3.30 p.m. c) Date till which the tender is valid: One year from the date of acceptance of bid. d) Director of Transport shall not be responsible for any postal delay about non-receipt/non-delivery of the documents. 7
SECTION II 1. Procedure for submission of Bids 1.1 The bidder should furnish the bid in a sealed cover super scribing the wording Bid for Transportation of General Cargo FROM PORT BLAIR to Various Inter-Islands 1.2 The cover should also indicate clearly the name and address of the bidder to enable the Bid to be returned unopened in case it is declared late. 1.3 The tender shall comprise of two parts both of which shall be placed in separate sealed covers, inside the main cover duly sealed and clearly indicating technical bid and commercial bid. 1.4 The technical bids shall be opened on 27.11.2014 at 3.30 PM in the Chamber of the Mechanical Engineer. The Purchase committee shall first examine the technical bid and ascertain whether the tender fulfils the basic criteria for selection and whether the firm would be able to carry the transportation work of the listed cargo. 1.5 The Purchase committee shall draw a list of tenders who are technically sound and capable of carrying out the works and the financial bid of only those bidders shall be opened. The date of opening of the financial bid shall be intimated to the bidders in due course after finalization of the technical bid. The bidders who do not qualify or found not eligible, their financial bids shall be returned in original without opening the same to the duly authorized representative of the firm. 1.6 The financial bid shall contain the details of rates for the shipment works of cargo from Port Blair to Havelock & from Port Blair to Neil Island as per the price bid of the tender document. 8
2. Cost of Tender The bidder shall bear all costs associated with the preparation and submission of its Bid. 3. Language of Bids The bids prepared by the Bidder and all correspondence and documents relating to the bids exchanged by the Bidder and the department, shall be written in English language, provided that any printed literature furnished by the Bidder may be written in another language so long as accompanied by an English translation in which case, for purposes of interpretation of the bid, the English translation shall govern. 9
SECTION III 1. Eligibility Criteria 1.1 The bidder/firm should be a shippers/shipping agency/ Forwarding & Clearing Agents, for undertaking the work of shipment of general cargo i.e. spare parts, tyres and MS Barrels etc. from Port Blair to Havelock & Port Blair to Neil Island and shall furnish attested copy of the same in support of his / her claim. 1.2 The bidder/firm should be technically sound and capable of doing the Transportation of general cargo i.e. spare parts, tyres and MS Barrels etc. from Port Blair to Havelock & Port Blair to Neil Island. The tenderer shall submit the tender with full details about the organization and also specify its past experience for one year in similar nature of works for which documentary proof is to be furnished along with the tender. 1.3 Tender/ bid shall be accompanied by Call deposit amounting to Rs.15,000/- (Rupees Fifteen thousand only) drawn from any Nationalised Bank and payable at Port Blair valid for 14 months in favour of Accounts Officer (Transport), Directorate of Transport, Port Blair as an Earnest Money / Bid Security. 1.4 EMD of the unsuccessful bidders shall be released soon after the finalization with the successful bidder. The EMD of successful tenders will be retained till the completion of work in all respect or after validity of the contract whichever is later. 1.5 The accepted rate shall be valid initially for a period of one year from the date of award of the Acceptance Letter which can be further extended for one year on mutual consent of both the parties on the same rate and same terms and conditions. Withdrawal of offer during this period will result in forfeiture of Earnest Money Deposit. 10
2. Bid Process 2.1 Interested Bidders may procure the bid document from the Cashier, Directorate of Transport, Port Blair, on any working day till 26.11.2014 between 9.00 Hrs and 16.00 Hrs on submission of written application and upon payment of nonrefundable amount of Rs. 500/- (Rupees Five hundred only) through Cash or Demand Draft drawn in favour of Accounts Officer (T), Directorate of Transport payable at Port Blair. The bid document can also be down-loaded from the official website of A&N Administration http://and.nic.in and Bid shall be required to be submitted along with the cost of bid document as mentioned above. 2.2 Bidders shall submit their bids in a sealed envelope in the Tender Box kept in the Directorate office by 3.00 P.M on 27.11.2014. The tenders shall be opened on the same date at 3.30 P.M. in the presence of bidders or their authorized representatives who may desire to attend. (In case date of opening of tender becomes a Government Holiday, the same shall be opened on immediate next working day at the prescribed time). 2.4 The tenders received without EMD / Bid Security or late or not fulfilling the terms and conditions mentioned above as well as laid down in the tender form will not be entertained. 2.5 The Director of Transport reserves the right to accept or reject any tender without assigning any reason. 2.6 The bidders shall quote their rate inclusive of all taxes and levies in the prescribed format of the tender document (Rate Bid) and the work shall be executed on as and when required basis. 3. Schedule of specification & quantity S.No. Description Approximate quantity 1 Transportation of general cargo i.e. on as and when spare parts, tyres and MS Barrels etc. required basis from Port Blair to Havelock 11
2 Transportation of general cargo i.e. -dospare parts, tyres and MS Barrels etc. from Port Blair to Neil Island SECTION IV INSTRUCTIONS TO BIDDERS (ITB) 1. GENERAL 1.1 Transport Department, A&N Administration, Port Blair invites sealed tenders for appointment of shippers/shipping agency/ Forwarding & Clearing Agents for undertaking shipment of general cargo i.e. spare parts, tyres and MS Barrels etc. from Port Blair to Havelock & Port Blair to Neil Island. 1.2 Bid in the prescribed forms should be submitted on or before the time and date fixed for submission of bid. Bid received after the stipulated time and date will not be entertained. Such bids will be, termed as late/delayed bid and returned unopened. 1.3 The Bidders are required to offer the rates inclusive of all duties, taxes, fee for temporary registration, transit expenses, insurances etc in the prescribed format Rate Bid of the tender documents and the rate should remain firm for the entire period of contract. Conditional offers/rates on any account will not be accepted. 2. ELIGIBILITY 2.1 The bidder should be legally competent to enter into contract as per prevailing laws. 2.2 The bidder/firm should be a shippers/shipping agency/ Forwarding & Clearing Agents for undertaking the work of shipment of general cargo i.e. spare parts, tyres and MS Barrels etc. from Port Blair to Havelock & Port Blair to Neil Island. 2.3 The bidder/firm should be technically sound and capable of doing the Transportation of for shipment of general cargo i.e. spare parts, tyres and MS Barrels etc. from Port Blair to Havelock & Port Blair to Neil Island. 12
2.4 The bidder/firm should have experience of at least one year to undertake similar works for which necessary documentary proof has to be submitted with their tender. Failure to furnish the necessary document shall lead the tender to rejection. 2.5 The bidder/firm in order to qualify for the empanelment should have been in trade for at least one year or so, and in proof thereof the tender will have to furnish sufficient documentary proof. The previous such assignments taken up and completed by the bidder shall also be submitted along with documentary proof. 2.7 Tender/ bid shall be accompanied by a crossed Call deposit amounting to Rs.15,000/-(Rupees Fifteen thousand only) drawn from any Nationalized Bank valid for 14 months and payable at Port Blair in favour of Accounts Officer (Transport), Directorate of Transport, Port Blair as an Earnest Money / Bid Security. 3. COST OF DOCUMENT 3.1. The Bid Document is priced at Rs.500/-(Rupees Five hundred only) payable in cash or in the form of a Demand Draft drawn in favour of Accounts officer (T), Directorate of Transport, Port Blair. The Bidders who are downloading the bid Document from A&N website shall deposit the said cost of the Bid Document (in the form of a Demand Draft) along with the Bid. In the event of failure to deposit the requisite cost by such Bidder, the Bid shall not be processed further. 4. COST OF BIDDING 4.1. The Bidder shall bear all costs associated with the preparation and submission of Bid and the Purchaser will in no case be responsible or liable for these costs, regardless of the conduct or outcome of the Bidding process. 5. LOCAL CONDITIONS 5.1. It is imperative that each Bidder fully acquaints himself with all the local conditions and factors, which would have any affect on 13
the performance/ completion of the contract in all respects specified in the bid documents. 5.2 Bidders would themselves be responsible for compliance with Rules, Regulations, Laws and Acts in force from time to time. 5.3. The Bidder is required to examine carefully all the contents / pros & cons of the Tender Document including instructions, terms, conditions, quantity, specifications and takes them fully into account before submitting the bid. Failure to comply with the requirement(s) of terms of the tender document will be at the Bidder s own risk & responsibility. 6. COMPLIANCE WITH TECHNICAL SPECIFICATIONS 6.1 The bidder/firm shall obtain necessary permission, clearance for handling the transportation works from Port Blair to Havelock and Port Blair to Neil Island, must satisfy the statuary requirements. 7. DOCUMENTS ESTABLISHING BIDDER S ELIGIBILITY 7.1 The Bidders shall along with the Bid, provide satisfactory documentary evidence in support of their claim. 8. DOCUMENTS / ITEMS COMPRISING THE BID 8.1 Tender proposal submitted by the Bidder shall contain the following: 8.1.1 Prescribed Bid document duly signed by the authorized signatory as a token of acceptance of the terms & conditions. 8.1.2 Bid Security /EMD as prescribed in the Bid Document. 8.1.3 Price Schedule in the prescribed formats. 8.1.4 Documentary proof of experience in the field for last 01 year. 8.2 Bidders are required to bid for the rates for Transportation of general cargo i.e. spare parts, tyres and MS Barrels etc. from Port Blair to Havelock & Port Blair to Neil Island as per Technical specifications mentioned in the Bid Documents. 14
9. BID SECURITY/ EARNEST MONEY DEPOSIT 9.1 The Bidder shall furnish Earnest Money Deposit (EMD) for undertaking the work of transportation of general cargo i.e. spare parts, tyres and MS Barrels etc. from Port Blair to Havelock & Port Blair to Neil Island as prescribed in the schedule. 9.2 This Earnest Money/ Bid Security shall be drawn in favour of Accounts officer (T), Directorate of Transport payable at Port Blair and shall be valid for 14 months. 9.3 Any Bid not accompanied with valid Bid Security / EMD will be summarily rejected. 9.4 The accepted rate shall remain valid for a period of one year from the date of acceptance of the tender. The Earnest Money / bid security shall remain deposited with the Purchaser till the completion of contract. If the contract is extended, the Bidder shall get the Earnest Money Fixed Deposit Receipt extended by such period as the bid has been extended and shall furnish the same to the Purchaser not later than 15 days from the date of the notice of the extension of the contract. 9.5 No interest will be payable by the Purchaser on the Bid Security. 9.6 The Bid Security is liable to be forfeited if the Bidder withdraws or amends or impairs or derogates from the Bid in any respect within the period of validity of its bid. The decision of Purchaser in this respect shall be final and binding. 9.8 If the successful bidder fails to complete the work within the time schedule without valid reasons, liquidated damages shall be imposed as prescribed in section-v of Clause-6 of the bid document. 9.9 The materials should be delivered in safe condition. Any damage shall be rectified by the transporter and the cost shall be borne by the contractor. 15
10. DISCHARGE OF BID SECURITY OF SUCCESSFUL BIDDER (S) 10.1 The Bid Security / Bank Guarantee of the Successful Bidder(s) shall be discharged only after the successful and full completion of work of transportation of cargo during the contract. 10.2 If the successful Bidder(s) fails to carry out the work of transportation of work in full as per the work order placed to them during the contract period, then the Bid Security shall be liable to be forfeited by the Purchaser, in addition to any other actions as per terms and conditions stipulated in the Bid Document. 11 DELIVERY PERIOD The successful bidder shall make its own arrangement for receiving the general cargo i.e. spare parts, tyres and MS Barrels etc. from Port Blair to Havelock & Port Blair to Neil Island as and when required basis on proper acknowledgement by liaising with the Store Officials at Port Blair. The tenderer shall be in constant touch with the Department and dispatch the materials immediately to the destination without delay, so that the works are carried out within stipulated time schedule as per the work order. The work shall be done at the risk of the tenderer for onward, forwarding and shipment of general cargo i.e. spare parts, tyres and MS Barrels etc. from Port Blair to Havelock & Port Blair to Neil Island. 11.2 The tenderer shall make all efforts for safe dispatch and onward shipment of all the materials from Port Blair to Havelock & Port Blair to Neil Island within time schedule in normal conditions, failing which liquidated damages will be imposed as per Clause-6 of section-v of the bid document. In case the delay is caused beyond the control of the tenderer, beyond the prescribed time limit, reasonable time extension may be granted by the Director of Transport in such genuine cases, on receipt of such information or request received in writing from the tenderer with proper justification or cause of such delay. 16
11.3 The bidder shall have to make its own arrangement for receiving the materials from Central Stores on proper acknowledgement for onward transportation to Havelock & Neil on as and when required basis. 12. BID VALIDITY 12.1 The Bid shall remain valid for a period of one year from the date of issue of the Acceptance letter. 13. FORMAT AND SIGNING OF BID 13.1 The bid/bids shall contain no interlineations, erasures or overwriting except as necessary to correct errors made by the Bidder, in which case, such corrections shall be initialed by the person or persons signing the Bid. 13.2 All prices shall be written both in figures and words in the prescribed Bid Form. In case of discrepancy, the price given in words shall be considered. 14. BID OPENING 14.1 The Bids of all the Bidders will be opened by the Purchaser at time, date and place indicated in the Bid Documents. In the event of the specified date of bid opening being declared holiday for the Purchaser, the bids shall be opened at the appointed time and location on the next working day. 15 AWARD CRITERIA 15.1 Subject to the above, the Purchaser will consider the Bidder whose Bid has been determined to be responsive, complete and in accordance with the Bid document and whose offer on evaluation has been determined to be the lowest acceptable offer. 16 NOTIFICATION OF AWARD 16.1 Prior to the expiry of the period of Bid validity, the Department will notify the successful Bidder that his Bid has been accepted. This letter (hereinafter and in the General Conditions of Contract called `Letter of Acceptance ) shall contain the category of work for which 17
the rate has been accepted for which the Department will place the work order to the Contractor during the period of contract remain valid. 18
SECTION V GENERAL CONDITIONS OF THE CONTRACT (GCC) 1. INTERPRETATIONS In the contract, unless the context otherwise requires: 1.1 Words in the singular include the plural and vice-versa. 1.2 Words importing the masculine gender shall be taken to include the feminine gender and words importing persons shall include any company or association or body of individuals, whether incorporated or not. 1.3 The heading of these conditions shall not affect the interpretation or construction thereof of the Clause. 1.4 Terms and expression not herein defined shall have the meanings assigned to them in the Indian Contract Act, 1872 (as amended) or the General Clauses Act, 1897 (as amended) as the case may be. 1.5 Wherever Date & Period are specified in the Bid Document for completing some formalities/ tasks/documentations etc, the commencement of the period prescribed for the said completion shall be reckoned from the date of dispatch of the communication by the Purchaser, even if mentioned otherwise anywhere else. 2. PARTIES TO THE CONTRACT AND THEIR OBLIGATIONS 2.1 The parties to the contract are the Contractor and the Department as defined in the Bid Document. 2.2 A person signing the bid or any other document in respect of the contract on behalf of the Contractor without disclosing his authority to do so, shall be deemed to have the authority to bind the Contractor to fulfill his obligations as mentioned in such bid or document. If it is discovered at any time that the person so signing has no authority to do so, the Department may, without prejudice to any other right or remedy of the Contractor, cancel the contract and make or authorize to undertake the work of transportation of cargo at the risk and cost of such person and hold such person 19
liable to the Department for all costs and damages arising from the cancellation of the contract including any loss which the Department may sustain on account of such purchase. 2.3 Any approval that may be given by the Department or Inspecting Officer on behalf of Department shall only be deemed to be the approval in principle. Notwithstanding such approval, the Contractor shall be fully and totally responsible for the satisfactory performance and compliance with contract specifications. 2.4 In case of any inter-se conflict between any provisions / stipulations in the Bid Document or in the Contract Document, the decision of the Department for interpretation / application would be final and binding. 2.5 The Contractor shall be absolutely liable for the execution of transportation works as approved by the Department. It shall not be open to the Contractor to contend at a later stage that a particular change / deviation in the technical parameters. Any losses, whatsoever, which are occasioned on account of the technical failure, shall be borne by the Contractor. 3. CONTRACT 3.1 The contract shall be for successful completion of shipment of general cargo i.e. spare parts, tyres and MS Barrels etc. from Port Blair to Havelock & Port Blair to Neil Island as per given schedule at the quoted rate. 3.2 The contract shall remain valid for a period of one year from the date of acceptance of the tender. The rate quoted in the tender should be inclusive of all taxes and transit insurance etc., as per actual. The period may be extended further on mutual agreement by both the parties. 3.3 The rate quoted in the tender should remain firm during the period as per Clause-3.2 and the successful tenderer are bound to carry 20
out the work on as and when required basis without any change in price during the year. 3.4 The tenderer shall make all out arrangements to dispatch and deliver the materials safely in full, cost of any shortage /damage of the materials in transit shall be recovered from the tenderer s bill. 3.5 The whole contract is to be executed in the approved, substantial and workmanlike manner, to the entire satisfaction of the Department. 4. DELIVERY 4.1 Delivery Period: The work of transportation of cargo in all respects has to be carried out within the prescribed delivery period of work order. The firm has to make all necessary arrangements to receive the materials from Central Stores on intimation of the same by the Department. The materials have to be transported within a time period of 15 days from the date of receipt at Port Blair. 4.2 The contractor shall deliver the materials to the respective Incharges of STS Unit Havelock & STS Unit Neil with in the stipulated time period prescribed in the work order. 4.3 On delivery of the materials to the respective In-charges, the tenderer shall obtain the acknowledgement from the representative of the Department and produce a copy of the same along with the bill to process for pass and payment. 4.4 The tenderer shall make all out arrangements to dispatch and deliver the materials safely in full, cost of any shortage /damage of the materials in transit shall be recovered from the tenderer s bill. 4.6 No extra charges whatsoever, cargo demurrage/losses shall be admissible other than the rate approved. 4.7 Inspection shall be done by the authorized representative of the department and the tenderer or his any authorized representative at the wharf site itself, at the time of taking delivery of materials at respective stations/units. If any damages/ shortage comes to the 21
notice at the time of final delivery, the tenderer shall be responsible for the same and the total cost of such damages shall be recovered from the tenderer either in their bill or separately, before release of final payment. 5. DELAYS IN THE CONTRACTOR S PERFORMANCE 5.1. DELIVERY TO BE EFFECTED WITHOUT TIME OVER-RUN: The time allowed for and the date specified in the work order or as extended, for the transportation of materials shall be the essence of the work order and delivery must be completed not later than the date(s) so specified or extended. 5.2 A failure or delay by the Contractor in the performance of his obligations for delivery, the Department at its discretion may take the following actions: 5.2.1 Terminate the contract for entire quantity; and/or 5.2.2 Forfeit the Bid Security; and/or 5.2.3 Effect work of transportation at the Bidder s risk and cost for the unsupplied quantity as per relevant clause of the Tender document herein after; and/or 5.2.4 Extend the delivery period for the unsupplied/ non commissioned quantity with imposition of pre-estimated liquidated damages and duties and taxes. 22
6. LIQUIDATED DAMAGES 6.1 If the Contractor fails to deliver any or all of the materials within the delivery period(s) specified in the work order, the Department shall, without prejudice to other remedies under the Contract, levy/ deduct pre-estimated liquidated damages as follows: 6.1.1 @ 0.5% (zero point five per cent) of the total value of the work order which the Contractor has failed to deliver within the period fixed for delivery for delay of each week or part thereof up to 2 (two) weeks of delay, and 6.1.2 @ 1% (one per cent) of the total value of the work order which the Contractor has failed to deliver within the period fixed for delivery for delay of each week or part thereof on entire delay period if delay is between 2 (two) weeks and 4 (four) weeks and 6.1.3 @ 2% (two per cent) of the total value of the work order which the Contractor has failed to deliver within the period fixed for delivery for delay of each week or part thereof on entire delay period if delay is beyond 4 (four) weeks. The decision of Department shall be final in this regard. 6.2 The amount of pre estimated liquidated damages to be charged under the contract, in terms of preceding sub clauses 6.1 shall not exceed 10 % the total value of work order. 7. TERMINATION FOR DEFAULT 7.1 The Department may, without prejudice to any other remedy for breach of contract, by written notice of default sent to the Contractor, terminate the contract in whole or in part: 7.1.1 If the Contractor fails to transport any or all of the materials from Port Blair to Havelock & Port Blair to Neil within the delivery period(s) specified in the work order, or any extension thereof granted by the Department or 7.1.2 If the Contractor fails to perform any other obligation(s) under the contract. 23
7.2 In the event the Department terminates the contract in whole or in part, the Department may enter into fresh contract with any other Contractor for completing the unfulfilled portion of the contract and the Contractor (whose Contract is terminated) shall be liable to the Department for any excess costs for such undelivered materials. However, the Contractor shall continue performance of the contract to the extent not terminated. 7.3 The Director of Transport shall have the right to transport the materials from Port Blair to Havelock & Port Blair to Neil by making its own arrangement, if felt necessary, which shall not be objected by the tenderer, in case there is inordinate delay in shipment of materials by the tenderer. The Department shall not be liable for any compensation or claim arising out in such situation due to the fault of the tenderer. It shall always be lawful for the Department to ask the tenderer to suspend or stop the contract as the case may be, without any claim or compensation, whatsoever. 8. CONSEQUENCE OF REJECTION 8.1 Inspection shall be done by the authorized representative of the department and the tenderer or his any authorized representative at the time of taking delivery of materials at Port Blair. If any damages/ shortage come to the notice at the time of final delivery, the tenderer shall be responsible to rectify the damages / losses and cost of such damages /losses shall be borne by the contractor. On delivery of the materials to the respective destinations as may be the case, the tenderer shall obtain the acknowledgement from the representative of the Department. 8.2. The tenderer shall make all out arrangements to dispatch and deliver the materials safely in full, cost of any shortage /damage of materials, if any in transit shall be recovered from the tenderer s bill. 24
8.3 Cancel the contract and get the work of transportation of materials or authorize any other agencies engaged in performing of same or similar description and nature of works at the risk and cost of the Contractor. 9. FORCE MAJEURE 9.1 For purposes of this contract, Force Majeure means an event beyond the control of the parties to the contract and not involving either party s fault or negligence and not foreseeable. 9.2 If, at any time during the existence of the contract, either party is unable to perform in whole or in part any obligation under this contract because of an event rendering performance of obligations impossible which include acts of God, war, revolutions, hostility, civil commotions, strikes, floods, earthquake, epidemics, quarantine restrictions, freight embargoes or explosions, then the date of fulfillment of contract shall be postponed during the period when such circumstances are operative. 9.3 The party which is unable to perform its obligations under the present contract shall, within seven (07) days of occurrence of the Force Majeure event, inform the other party with suitable documentary evidence. Non-availability of any component etc or any price escalation or change in any duty, tax, levy, charge etc shall not be an excuse for the Contractor for not performing his obligations under this clause/contract. 9.4 If such inability on account of force majeure to perform continues for a period of more than three (3) months, each party shall have the right to be released from further performance of the contract, in which case, neither party shall have the right to claim damages from the other. All prior performance shall be subject to contract terms. 9.5 The Contractor shall not be liable for forfeiture of his performance security, pre-estimated liquidated damages or termination if and to 25
the extent that delay in performance or other failure to perform its obligations under the contract is the result of Force Majeure. 10. OPTION CLAUSE 10.1 The quantity. of materials for shipment from Port Blair to Havelock & Port Blair to Neil, as indicated in the attached schedule is tentative and as per the requirement on as and when required basis of the Department without any change in the Unit Price or other Terms & Conditions. 11. LAWS GOVERNING THE CONTRACT 11.1 This contract shall be governed and interpreted in accordance with the laws of India. 11.2 Jurisdiction of Courts: The Court at Port Blair, the place from where the Work order against the bid has been issued (Port Blair) alone shall have exclusive jurisdiction to decide any dispute arising out of or in respect of the contract. 12. SETTLEMENT OF DISPUTE AND ARBITRATION 12.1 If any dispute or difference arises on account of breach or observance, compliance of any of the terms and conditions of the Agreement, which is not resolved amicably, shall be referred to the Director of Transport, A & N Administration Port Blair, as per provisions made under Indian Arbitration and conciliation act, 1996 as amended from time to time, who shall appoint an Arbitrator whose decision shall be final and binding on both the parties. 13. PAYMENT TERMS 13.1 Payment shall be made subject to recoveries, if any, by way of liquidated damages or any other charges, deductions or adjustments as per terms & conditions of contract in the following manner: 13.1.1 Payment will be made to the Contractor on completion of transportation of the materials from Port Blair to Havelock & Port 26
Blair to Neil, in safe condition as per the requirements prescribed in the work order within 60 days of receipt of bill along with two Copies of Contractor invoice / bill showing supply order number, description of works, quantity, unit price and total amount. No advance payment shall be made to the contractor. Mechanical Engineer I/we accept the above terms & conditions of the tender. Signature of the Tenderer with date & Seal. 27
To Sir, The Director of Transport. A & N Administration Port Blair. Rate Bid Annexure I (As per clause 2.6 Section- III) 1. Having examined the technical specifications, terms and conditions of the contract and all other instructions in this bid document I, the undersigned, offer/quote the rate as given below for undertaking the work of transportation of materials from Port Blair to Havelock & Port Blair to Neil Island for a period of 01 year from the date of acceptance of the bid. (I) In respect of STS Unit, Havelock: S.No. Description Rate to be quoted in terms of per Kg/per No. 1 Shipment of General Cargo i.e. spare parts i) from Port Blair to Havelock Island per kg ii) from Havelock Island to Port Blair 2. Shipment of Empty MS Barrels/Plastic Barrel (210 Ltrs) i) from Port Blair to Havelock Island ii) from Havelock Island to Port Blair 3 Shipment of filled MS Barrels/Plastic Barrel (210 Ltrs) i) from Port Blair to Havelock Island per kg.....per No......per No......per No. 28
4 Shipment of Tyres 9.00-20/10.00-20 i) from Port Blair to Havelock Island ii) from Havelock Island to Port Blair 5 Shipment of Tyres 7.50-16 i) from Port Blair to Havelock Island ii) from Havelock Island to Port Blair.....per No....per No....per No....per No....per No. (II) In respect of STS Unit, Neil: S.No. Description Rate to be quoted in terms of per Kg/ per no. 1 Shipment of General Cargo i.e. spare parts i) from Port Blair to Neil Island ii) from Neil Island to Port Blair 2. Shipment of Empty MS Barrels/Plastic Barrel (210 Ltrs) per kg per kg i) from Port Blair to Neil Island ii) from Neil Island to Port Blair 3 Shipment of filled MS Barrels/Plastic Barrel (210 Ltrs).....per No......per No. i) from Port Blair to Neil Island 29
4 Shipment of Tyres 9.00-20/10.00-20.....per No. i) from Port Blair to Neil Island ii) from Neil Island to Port Blair 5 Shipment of Tyres 7.50-16 i) from Port Blair to Neil Island ii) from Neil Island to Port Blair...per No....per No....per No....per No. Note: The rate should be inclusive of other incidental charges, such as port documentation charges, clearing & forwarding charges, service taxes & other levies and taxes as may be applicable. The Department shall not pay any additional charges other than the rate quoted. I/We agree, if my/our bid is accepted, to offer the above rate and abide by all the terms & conditions and instructions as mentioned earlier in the Sections from I to V. 2.Bid submitted by me/us are properly sealed and prepared so as to prevent subsequent alteration and replacement. 3.I/We understand that you are not bound to accept the lowest or any bid you have received in this regard. 4. The Department shall place order on the accepted lowest eligible bidders, calculated in terms of per kg/per no., as the case may be. Date. Place Signature of the bidder/authorized signatory Name Address 30
(Note: i) The rates shall be inclusive of all incidental charges and insurances etc. ii) The annexure should be signed by the bidder along with the seal. iii) Rate to be quoted per cubic meter cubic meter or per kg/per no. of the items, which shall be calculated in its respective terms of each items. To Mechanical Engineer M/s.. 31