HEADQUARTERS KARNATAKA NAVAL AREA

INVITATION OF BIDS FOR MAINTENANCE DREDGING OFMAIN HARBOUR AND WORKS HARBOUR AT KARWAR NAVAL BASE

FOR FY 2015-16

REQUEST FOR PROPOSAL (RFP) NO. FOK/OPS/754/DREDGING DATED 06 JAN 2016

1. Bids in sealed cover are invited for maintenance dredging of Mainharbour and Works harbour of Karwar Naval Base for the year 2015-2016.Request forward your Bids in two bid system namely technical bid andcommercial bid. Please super scribe the above mentioned Title, RFP numberand date of opening of the Bids on the sealed covers to avoid the Bid beingdeclared invalid. The quotes are to be super-scribed with the respective firm’sname, address, office seal and ink signed by an authorized representative ofthe Tenderer.

2. The address and contact numbers for sending Bids or seekingclarifications regarding this RFP are given below:-

(a) Bids/queries to be addressed to: The CSO (Operations),Headquarters, Flag Officer Karnataka Naval Area, Naval Base,Karwar, Karnataka- 581 308.

(b) Postal address for sending the Bids: The CSO (Operations),Headquarters, Flag Officer Karnataka Naval Area, Naval Base,Karwar, Karnataka- 581 308.

(c) Name/designation of the contact personnel: The CSO(Operations), Headquarters, Flag Officer Karnataka Naval Area,Naval Base, Karwar, Karnataka- 581 308. (d) Telephone numbers of the contact personnel: 08382 – 232010 /231094/ 232030/ 9480691081.

(e) E-mail id of contact personnel: comcenkar-navy@nic.in

(f) Fax number: 08382 – 263628

3. This RFP is divided into five Parts as follows:-

(a) Part I – Contains General Information and Instructions for theBidders about the RFP such as the time, place of submission and openingof tenders, Validity period of tenders, etc.

(b) Part II – Contains essential details of the items/services required,such

as the Schedule of Requirements (SOR) and Technical Specifications.

(c) Part III – Contains Standard Conditions of RFP, which will form partof the Contract with the successful Bidder.

(d) Part IV – Contains Special Conditions applicable to this RFP andwhich will also form part of the contract with the successful Bidder.

(e) Part V – Contains Evaluation Criteria and Format for Price Bids.

4. This RFP is being issued with no financial commitment and the Buyerreserves the right to change or vary any part thereof at any stage. Buyer alsoreserves the right to withdraw the RFP, should it become necessary at anystage.

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PART I – GENERAL INFORMATION

1. Last Date and Time for Depositing the Bids. 1600 hrs on 19 Feb16. The sealed Bids (both technical and Commercial) should be deposited/reach by the due date and time. The responsibility to ensure this lies with theBidder.

2. Manner of Depositing the Bids. Sealed Bids should be either droppedin the Tender Box marked as ‘TENDER BOX - MAINTENANCE DREDGING OFMAIN HARBOUR AND WORKS HARBOUR AT KARWAR FOR 2015 – 16 orsent by registered post at the address given above so as to reach by the duedate and time. Late tenders will not be considered. No responsibility will betaken for postal delay or non-delivery/non-receipt of Bid documents. Bids sentby fax or e-mail will not be considered unless where specifically called for dueto urgency.

3. Time and Date for Opening of Bids. 1100 hrs on 20 Feb 2016 (Ifdue to any exigency, the due date for opening of the Bids is declared a closedholiday, the Bids will be opened on the next working day at the same time oron any other day/time, as intimated by the Buyer).

4. Location of the Tender Box. The tender box will be kept at the NavalBase Main Gate, Arga. Only those Bids that are found in the tender box willbe opened. Bids dropped in the wrong Tender Box will be rendered invalid.

5. Place of Opening of the Bids. The place of opening of the Bids will beHQ KNA Building. The Bidders may depute their representatives, dulyauthorized in writing, to attend the opening of Bids on the due date and time.Rates and important commercial/technical clauses quoted by all Bidders will beread out in the presence of the representatives of all the Bidders. This eventwill not be postponed due to non-presence of your representative.

6. Two-Bid System. The Two-bid system will be followed. Only theTechnical Bid would be opened at 1100 hrs on 20 Feb 2016. Date of openingof the Commercial Bid will be intimated post approval of the Technical Bids.Commercial Bids of only those firms will be opened, whose Technical Bids arefound compliant/ suitable after Technical evaluation is done by the Buyer.

7. Forwarding of Bids. Bids should be forwarded by Bidders under theiroriginal memo / letter pad inter alia furnishing details like TIN number, VAT/CSTnumber, Bank address with EFT Account if applicable, etc and complete postal& e-mail address of their office.

8. Clarification Regarding Contents of the RFP. A prospective bidderwho requires clarification regarding the contents of the bidding documentsshall notify to the Buyer in writing about the clarifications sought not later than14 (fourteen) days prior to the date of opening of the Bids. Copies of the queryand clarification by the purchaser will be sent to all prospective bidders whohave received the bidding documents. A pre-bid meeting would bescheduled at HQKNA building, Karwar at 1500 hrs on

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20 Jan 2016. Details of personnel attending Pre-bid meeting is to be intimatedto CSO (Ops)/ HQKNA at least one day prior to the Pre-bid meeting.

9. Modification and Withdrawal of Bids. A bidder may modify orwithdraw his bid after submission provided that the written notice ofmodification or withdrawal is received by the Buyer prior to deadline prescribedfor submission of bids. A withdrawal notice may be sent by fax but it should befollowed by a signed confirmation copy to be sent by post and such signedconfirmation should reach the purchaser not later than the deadline forsubmission of bids. No bid shall be modified after the deadline for submissionof bids. No bid may be withdrawn in the interval between the deadline forsubmission of bids and expiration of the period of bid validity specified.Withdrawal of a bid during this period will result in Bidder’s forfeiture of bidsecurity.

10. Clarification Regarding Contents of the Bids. During evaluation andcomparison of bids, the Buyer may, at its discretion, ask the bidder forclarification of his bid. The request for clarification will be given in writing andno change in prices or substance of the bid will be sought, offered or permitted.No post-bid clarification on the initiative of the bidder will be entertained.

11. Rejection of Bids. Canvassing by the Bidder in any form, unsolicitedletter and post-tender correction may invoke summary rejection with forfeitureof EMD. Conditional tenders will be rejected.

12. Unwillingness to Quote. Bidders unwilling to quote should ensure thatintimation to this effect reaches before the due date and time of opening of theBid, failing which the defaulting Bidder may be delisted for the given range ofitems as mentioned in this RFP.

13. Validity of Bids. The Bids should remain valid up to six monthsfrom the date of opening of Technical Bids.

14. Earnest Money Deposit. Bidders are required to submit Earnest MoneyDeposit (EMD) for amount of 92,00,000.00 (Rupees Ninety Two Lakhsonly) along with their bids. The EMD may be submitted in the form of anAccount Payee Demand Draft, Fixed Deposit Receipt, Banker's Cheque or BankGuarantee from any of the public sector banks or a private sector bankauthorized to conduct government business as per Form DPM-13 (Available inMoD website and can be provided on request). EMD is to remain valid for aperiod of forty-five days beyond the final bid validity period. EMD of theunsuccessful bidders will be returned to them at the earliest after expiry of thefinal bid validity and latest on or before the 30th day after the award of thecontract. The Bid Security of the successful bidder would be returned, withoutany interest whatsoever, after the receipt of Performance Security from themas called for in the contract. EMD is not required to be submitted by thoseBidders who are registered with the Central Purchase Organization (e.g.DGS&D), National Small Industries Corporation (NSIC) or any Department ofMoD or MoD itself for the same item/ range of products/ goods or services. TheEMD will be forfeited if the bidder withdraws or amends impairs or derogates

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from the tender in any respect within the validity period of their tender.

15. Eligibility Criteria. The vendor should have considerable pastexperience in Dredging Work and should have successfully completed requisitevalue works. The firm should have undertaken works of equivalent quantity ormore. In addition, the firm should meet the enlistment criteria of Governmentof India with regard to Annual Turn Over, Fixed assets, Working Capital etc.Technical specifications and vendor evaluation vis--a--vis capability / quantity /quality of work will be undertaken in accordance with provisions of DPM – 2009.The format for technical / vendor evaluation matrix is as follows:-

(a) Evaluation Matrix.

Evaluation Criteria Remarks(i) Past Experience(ii) Quantity of Work(iii) Quality of Work (iv) Annual Turn Over(v) Enlisted Firm / Not(vi) Capability

(b) Technical Matrix (Schedule of Requirements):-

M/S ___________________________

PARA OF RFPSPECIFICATIONS

COMPLIANCEWITH RFP

INCASE OF NON COMPLIANCEDEVIATIONS FROM

RFP1.2.3.4.5.6.7.89.10.11.12.13.14.15.

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PART II- ESSENTIAL DETAILS OF ITEMS/ SERVICES REQUIREDAND TECHNICAL DETAILS

SCHEDULE OF REQUIREMENT/ LIST OF ITEM / SERVICES REQUIRED

1. Type of Item/ Description of Stores. Undertaking Maintenancedredging works using suitable dredger/ dredgers at Main Naval Harbour andWorks Harbour at Karwar Naval Base for the year 2015 -16.

TECHNICAL DETAILS

Scope of Work

2. Areas to be Dredged. The scope of work consists of undertakingMaintenance dredging of Main Harbour is 24,16,365 cubic meters (approx) and186,942 cubic meters (approx) for Works Harbour using Grab dredgers andTSHD except WID (Water Injection Dredging) and Cutter Suction. The bottomto be dredged is generally Soft Mud and Fine Sand. The areas and depth to beachieved post dredging below chart datum is shown at Appendix `A’.Additional operational requirements are to be met within the terms of thecontract, for which the Navy would provide a minimum of one month’s noticefor mobilization. Separate mobilization and demobilization charges would bepayable.

3. Dredged Volume. The dredged quantity for the contract will be26,03,307 cubic meters approx (Twenty six lakhs three thousand threehundred seven)(inclusive of horizontal and vertical tolerances).

4. Commencement of Dredging. The dredging is to be commencedwithin 30 days from the date the work order is placed.

5. Restrictions on Dredging.

(a) Type of Dredger to be Deployed. The contractor is to quote forGrab dredger and TSHD. The dredgers and the associated vessels/ craftsdeployed for the work are to be fitted with all equipment and auxiliariesnecessary to ensure performance to the required/ projected level andcompletion within stipulated time. All equipment shall be kept in goodworking condition throughout the contract period. Full particulars of thedredger to be deployed and particulars of dredge and jet pumps workingrevolutions, pressure and vacuum at peak performance levels shall befurnished along with the tender.

(b) Duration of Dredging. The dredger is to be kept utilised to themaximum duration possible.

(c) In case of break down of a dredger, alternate dredger has to bemobilized, without affecting the program of work. No mobilization/demobilization charge will be paid for substitute dredgers. The stoppageof dredging should not be for more than 24 hrs.

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(d) The dredger once mobilized shall not be removed from the workwithout the consent of the Chief Staff Officer, HQKNA.

(e) The dredging operations shall be the sole responsibility of dredgercommander and the sellers coordinators.

6. Depth to be Achieved in the Areas of Interest. The depths to beachieved in the main harbour are 12 meters, 13 meters and 14 meters and 4.5meter in Works Harbour as indicated in the Appendix A.

7. Disposal of Dredged Material. The dredged material is to be dumpedat a position off Karwar approx 3 Nm SW of the SW tip of Anjadip Island. Thematerial should be dumped beyond the 20 m sounding line and should evenlycover an area of about 1.50 km radius, in such a way that depth in this areashall not be come less than 20 m at any time.

8. Period of Work.

(a) Mobilisation Period. The work shall commence within 30 daysfrom the date the work order is placed. The work will be permitted onlyon completion of pre dredge survey.

(b) Duration of Work. Estimated duration of work is up to six monthsfrom start date.

9. Material. Material is generally expected to be Soft mud and fine sandin most area. However, in some places it might be hard mud/coast sand/gravel. 10. Soundings. The soundings will be taken at the interval of every 10 m ofdredging areas including side slopes formed by dredging. The volume shall becalculated on the basis of the soundings taken before commencement andafter completion of the area between dredging limits and slopes formed byusing Hypack Software. Soundings will be taken upto an accuracy of 100 mm.Whatever material is dredged within the tolerance specified above depth wiseand within 30 meters on either side of the dredging limits of particular zoneshown in the drawing and the material dredged from the natural slopes, will bepaid for.

11. Slope. Slope shall be 1:10 in the dredged channel at Karwar NavalHarbour. For the Harbour Basin, the slope will be 1:6. In calculation of dredgedvolumes the actual dredged slope (or 1:10 or 1:6, as the case may be)whichever is steeper shall be considered. Limit for payment of slopes beyondthe boundary shall be 30 meters.

12. Sounding and Charts. Necessary survey equipment for survey atthe areas to be dredged shall be made available by the Navy. Surveys will becarried out by the Navy before commencement of dredging and immediatelyon completion of dredging. Surveys will also be carried out during the progressof dredging as frequently as decided by the Chief Staff Officer. Soundings ofdumping area also have to be taken as and when required by the Chief Staff

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Officer. Sounding will be taken to the nearest decimeter and reduced to theChart Datum. Contractor may depute a suitable representative to accompanythe naval survey teams made available by the Navy. Following procedure willbe followed:-

(a) On handing over the dredging area, soundings will be taken withecho-sounder.

(b) For the purpose of assessing the progress of dredging, soundingsmay be taken by the echo-sounder as deemed necessary.

(c) Soundings may be taken by echo-sounder at the end of everyfortnight to assess the quantity. (d) Soundings will be taken by echo-sounder on the completion ofdredging at the site for calculating the quantity for the final bill.

NOTE: To verify if any patches have been left above the required specified inclause above, soundings may have to be taken at shorter intervals thanmentioned above. In case the echo-sounding shows two traces especially ofthe post dredging soundings, the trace which is nearer to the lead soundingswill be adopted for measurement of work done.

13. Two-Bid System. In respect of two-bid system, Bidders are required tofurnish clause by clause compliance of specifications bringing out clearly thedeviations from specification, if any. The Bidders are advised to submit thecompliance statement in the following format along with Technical Bid:-

14. Consignee Details. The Chief Staff Officer, Headquarters Flag OfficerKarnataka Naval Area.

M/S ___________________________

Para

RFP Specifications ComplianceWith RFP

In case of Non compliance

deviations from RFP(a) Type of work(b) Area to be dredged(c) Dredged Volume(d) Commencement of

dredging(e) (i) Type of dredger

(ii) Duration of dredging(f) Depth t be achieved(g) Disposal of dredged

material(h) Period of work(j) Material(k) Soundings(l) Slope(m) Sounding chart & Survey

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PART III – STANDARD CONDITIONS OF RFP

The Bidder is required to give confirmation of their acceptance of the StandardConditions of the Request for Proposal mentioned below which willautomatically be considered as part of the Contract concluded with thesuccessful Bidder (i.e. Contractor in the Contract) as selected by the Buyer.Failure to do so may result in rejection of the Bid submitted by the Bidder.

1. Law. The Contract shall be considered and made in accordance with thelaws of the Republic of India. The contract shall be governed by and interpretedin accordance with the laws of the Republic of India.

2. Effective Date of the Contract. The contract shall come into effect onthe date of signatures of both the parties on the contract (Effective Date) andshall remain valid until the completion of the obligations of the parties underthe contract. The deliveries and supplies and performance of the services shallcommence from the effective date of the contract.

3. Arbitration. All disputes or differences arising out of or in connectionwith the Contract shall be settled by bilateral discussions. Any dispute,disagreement or question arising out of or relating to the Contract or relating toconstruction or performance, which cannot be settled amicably, may beresolved through arbitration. The standard clause of arbitration is as per FormsDPM-7, DPM-8 and DPM-9 (Available in MoD website and can be provided onrequest).

4. Penalty for use of Undue influence. The Contractor undertakes thathe has not given, offered or promised to give, directly or indirectly, any gift,consideration, reward, commission, fees, brokerage or inducement to anyperson in service of the Employer or otherwise in procuring the Contracts orforbearing to do or for having done or forborne to do any act in relation to theobtaining or execution of the present Contract or any other Contract with theGovernment of India for showing or forbearing to show favour or disfavour toany person in relation to the present Contract or any other Contract with theGovernment of India. Any breach of the aforesaid undertaking by theContractor or any one employed by him or acting on his behalf (whether withor without the knowledge of the Seller) or the commission of any offers by theSeller or anyone employed by him or acting on his behalf, as defined inChapter IX of the Indian Penal Code, 1860 or the Prevention of Corruption Act,1986 or any other Act enacted for the prevention of corruption shall entitle theEmployer to cancel the contract and all or any other contracts with theContractor and recover from the Contractor the amount of any loss arising fromsuch cancellation. A decision of the Employer or his nominee to the effect thata breach of the undertaking had been committed shall be final and binding onthe Contractor. Giving or offering of any gift, bribe or inducement or anyattempt at any such act on behalf of the Contractor towards anyofficer/employee of the Buyer or to any other person in a position to influenceany officer/employee of the Buyer for showing any favour in relation to this orany other contract, shall render the Contractor to such liability/ penalty as theBuyer may deem proper, including but not limited to termination of the

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contract, imposition of penal damages, forfeiture of the Bank Guarantee andrefund of the amounts paid by the Buyer.

5. Agents/ Agency Commission. The Seller confirms and declares to theBuyer that the Seller is the original provider of the services referred to in thisContract and has not engaged any individual or firm, whether Indian or foreignwhatsoever, to intercede, facilitate or in any way to recommend to theGovernment of India or any of its functionaries, whether officially or unofficially,to the award of the contract to the Contractor; nor has any amount been paid,promised or intended to be paid to any such individual or firm in respect of anysuch intercession, facilitation or recommendation. The Contractor agrees that ifit is established at any time to the satisfaction of the Employer that the presentdeclaration is in any way incorrect or if at a later stage it is discovered by theBuyer that the Contractor has engaged any such individual/firm, and paid orintended to pay any amount, gift, reward, fees, commission or consideration tosuch person, party, firm or institution, whether before or after the signing ofthis contract, the Contractor will be liable to refund that amount to theEmployer. The Seller will also be debarred from entering into any supplyContract with the Government of India for a minimum period of five years. TheEmployer will also have a right to consider cancellation of the Contract eitherwholly or in part, without any entitlement or compensation to the Contractorwho shall in such an event be liable to refund all payments made by theEmployer in terms of the Contract along with interest at the rate of 2% perannum above LIBOR rate. The Employer will also have the right to recover anysuch amount from any contracts concluded earlier with the Government ofIndia.

6. Access to Books of Accounts. In case it is found to the satisfaction ofthe Employer that the Contractor has engaged an Agent or paid commission orinfluenced any person to obtain the contract as described in clauses relating toAgents/Agency Commission and penalty for use of undue influence, theContractor, on a specific request of the Buyer, shall provide necessaryinformation/ inspection of the relevant financial documents/ information.

7. Non-disclosure of Contract Documents. Except with the writtenconsent of the Employer/ Contractor, other party shall not disclose the contractor any provision, specification, plan, design, pattern, sample or informationthereof to any third party.

8. Liquidated Damages. In the event of the Contractor's failure to submitthe Bonds, Guarantees and Documents, etc as specified in this contract, theBuyer may, at his discretion, withhold any payment until the completion of thecontract. The BUYER may also deduct from the SELLER as agreed, liquidateddamages to the sum of 0.5% of the contract price of the delayed/ undeliveredstores/services mentioned above for every week of delay or part of a week,subject to the maximum value of the Liquidated Damages being not higherthan 10% of the value of delayed stores/services.

9. Termination of Contract. The buyer shall have the right to terminatethis Contract in part or in full in any of the following cases:-

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(a) If the seller abandons the contract or fails to commence the workwithout valid reasons.

(b) The seller is declared bankrupt or becomes insolvent.

(c) The buyer has noticed that the seller has utilized the services ofany Indian/ Foreign agent in getting this contract and paid anycommission to such individual/ company etc.

(d) As per decision of Arbitration Tribunal.

(e) The completion / commencement of the work is delayed due tocauses for Force Majeure by more than 15 days.

10. Notices. Any notice required or permitted by the contract shall bewritten in the English language and may be delivered personally or may besent by FAX or registered pre-paid mail/airmail, addressed to the last knownaddress of the party to whom it is sent.

11. Transfer and Sub-letting. The Seller has no right to give, bargain,sell, assign or sublet or otherwise dispose of the Contract or any part thereof,as well as to give or to let a third party take benefit or advantage of thepresent Contract or any part thereof.

12. Patents and other Industrial Property Rights. The prices stated inthe present Contract shall be deemed to include all amounts payable for theuse of patents, copyrights, registered charges, trademarks and payments forany other industrial property rights. The Seller shall indemnify the Buyeragainst all claims from a third party at any time on account of the infringementof any or all the rights mentioned in the previous paragraphs, whether suchclaims arise in respect of manufacture or use. The Contractor shall beresponsible for the completion of the supplies including spares, tools, technicalliterature and training aggregates irrespective of the fact of infringement of thesupplies, irrespective of the fact of infringement of any or all the rightsmentioned above.

13. Amendments. No provision of present Contract shall be changed ormodified in any way (including this provision) either in whole or in part exceptby an instrument in writing made after the date of this Contract and signed onbehalf of both the parties and which expressly states to amend the presentContract.

14. Taxes and Duties. In respect of Indigenous Bidders.

(i) General.

(aa). If Bidder desires to ask for excise duty or Sales Tax /VAT extra, the same must be specifically stated. In theabsence of any such stipulation, it will be presumed that theprices include all such charges and no claim for the same willbe entertained.

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(ab). If reimbursement of any Duty/Tax is intended as extraover the quoted prices, the Bidder must specifically say so. Inthe absence of any such stipulation it will be presumed thatthe prices quoted are firm and final and no claim on accountof such duty/tax will be entertained after the opening oftenders.

(ac). If a Bidder chooses to quote a price inclusive of anyduty/tax and does not confirm inclusive of such duty/tax soincluded is firm and final, he should clearly indicate the rateof such duty/tax and quantum of such duty/tax included inthe price. Failure to do so may result in ignoring of suchoffers summarily.

(ad). If a Bidder is exempted from payment of any duty/taxupto any value of supplies from them, he should clearly statethat no such duty/tax will be charged by him up to the limit ofexemption which he may have. If any concession is availablein regard to rate/quantum of any Duty/tax, it should bebrought out clearly. Stipulations like, the said duty/tax waspresently not applicable but the same will be charged if itbecomes leviable later on, will not be accepted unless in suchcases it is clearly stated by a Bidder that such duty/tax willnot be charged by him even if the same becomes applicablelater on. In respect of the Bidders, who fail to comply withthis requirement, their quoted prices shall be loaded with thequantum of such duty/tax which is normally applicable on theitem in question for the purpose of comparing their priceswith other Bidders.

(ae). Any change in any duty/tax upward/downward as aresult of any statutory variation in excise taking place withincontract terms shall be allowed to the extent of actualquantum of such duty/tax paid by the supplier. Similarly, incase of downward revision in any duty/tax, the actualquantum of reduction of such duty/tax shall be reimbursed tothe Employer by the Contractor. All such adjustments shallinclude all reliefs, exemptions, rebates, concession etc. if anyobtained by the Contractor.

(ii) Excise Duty.

(aa). Where the excise duty is payable on advalorem basis,the Bidder should submit along with the tender, the relevantfor and the Manufacturer’s price list showing the actualassessable value of the stores as approved by the Exciseauthorities.

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(ab). Bidders should note that in case any refund of exciseduty is granted to them by Excise authorities in respect ofStores supplied under the contract, they will pass on thecredit to the Employer immediately along with a certificatethat the credit so passed on relates to the Excise Duty,originally paid for the stores supplied under the contract. Incase of their failure to do so, within 10 days of the issue ofthe excise duty refund orders to them by the ExciseAuthorities the Employer would be empowered to deduct asum equivalent to the amount refunded by the ExciseAuthorities without any further reference to them from any oftheir outstanding bills against the contract or any otherpending Government Contract and that no disputes on thisaccount would be raised by them.

(ac). The Contractor is also required to furnish to the PayingAuthority the following certificates:

(i) Certificate with each bill to the effect that norefund has been obtained in respect of thereimbursement of excise duty made to the Contractorduring three months immediately preceding the date ofthe claim covered by the relevant bill.

(ii) Certificate as to whether refunds have beenobtained or applied for by them or not in the precedingfinancial year after the annual Audit of their accountsalso indicating details of such refunds/applications, ifany.

(iii) A certificate along with the final payment bills ofthe Contractor to the effect whether or not they haveany pending appeal/protest for refund or partial refundof excise duties already reimbursed to the Contractorby the Government pending with the Excise authoritiesand if so, the nature, the amount involved, and theposition of such appeals.

(iv) An undertaking to the effect that in case it isdetected by the Government that any refund fromExcise Authority was obtained by the Contractor afterobtaining reimbursement from the Paying Authority,and if the same is not immediately refunded by theContractor to the Paying Authority giving details andparticulars of the transactions, Paying Authority willhave full authority to recover such amounts from theContractor’s outstanding bills against that particularcontract or any other pending Government contractsand that no dispute on this account would be raised bythe Contractor.

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(ad). Unless otherwise specifically agreed to in terms of thecontract, the Employer shall not be liable for any claim onaccount of fresh imposition and/or increase of Excise Duty onraw materials and/or components used directly in themanufacture of the contracted stores taking place during thependency of the contract.

(iii) Sales Tax/ VAT.

(aa) If it is desired by the Bidder to ask for Sales tax / VAT tobe paid as extra, the same must be specifically stated. In theabsence of any such stipulation in the bid, it will be presumedthat the prices quoted by the Bidder are inclusive of sales taxand no liability of sales tax will be developed upon theEmployer.

(ab) On the Bids quoting sales tax extra, the rate and thenature of Sales Tax applicable at the time of supply should beshown separately. Sales tax will be paid to the Contractor atthe rate at which it is liable to be assessed or has actuallybeen assessed provided the transaction of sale is legallyliable to sales tax and the same is payable as per the termsof the contract.

(iv) Octroi Duty and Local Taxes.

1. Normally, materials to be supplied to GovernmentDepartments against Government Contracts are exemptedfrom levy of town duty, Octroi Duty, Terminal Tax and otherlevies of local bodies. The local Town/Municipal Bodyregulations at times, however, provide for such Exemptiononly on production of such exemption certificate from anyauthorised officer. Contractor should ensure that storesordered against contracts placed by this office are exemptedfrom levy of Town Duty/Octroi Duty, Terminal Tax or otherlocal taxes and duties. Wherever required, they should obtainthe exemption certificate from the Employer, to avoidpayment of such local taxes or duties.

2. In case where the Municipality or other local bodyinsists upon payment of these duties or taxes the sameshould be paid by the Contractor to avoid delay in suppliesand possible demurrage charges. The receipt obtained forsuch payment should be forwarded to the Employer withoutdelay together with a copy of the relevant act or by-laws/notifications of the Municipality of the local bodyconcerned to enable him to take up the question of refundwith the concerned bodies if admissible under the said actsor rules.

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PART IV – SPECIAL CONDITIONS OF RFP

The Bidder is required to give confirmation of their acceptance of SpecialConditions of the RFP mentioned below which will automatically be consideredas part of the Contract concluded with the successful Bidder (i.e. Contractor inthe Contract) as selected by the Buyer. Failure to do so may result in rejectionof Bid submitted by the Bidder

1. Water, Fuel and other Consumables for the Dredgers. No shoresupport will be provided by the IN. The Dredger and crafts are to be bunkeredproperly prior mobilisation so that there is minimum delay due toreplenishment requirements. All bunkering may be planned at Karwar Civil Portto avoid delay in transit. The following will not provided by Indian Navy.

(a) Water. No water will be provided.

(b) Fuels, Oils and other Consumables Fuels, Oils and otherConsumables required in the dredgers and associated crafts shall bearranged by the contractor at his cost.

(c) Electricity. No Electricity will be provided.

2. Berthing Facilities for Maintenance. The seller will have to arrangefor the berthing facilities for the dredger(s) and associated crafts. In case theseller has to make use of berth of local Karwar Port, all levies charged to theseller by Karwar Port for any facilities rendered by them will be borne by theseller on actuals.

3. Port Dues. All Karwar Civil port dues including Pilotage, Tug, Berth,hire charges etc will be to the account of the Contractor during the period ofthis contract.

4. During the course of dredging, if the dredger encounters materials likehard mud and gravel boulders, scrap metals, anchor chains etc as a result ofwhich the dredger is damaged the Navy shall be held blameless and any costincurred will be to the account of the contractor.

5. Tolerance. Vertical + 0.0 cm and - 50 cm and Horizontal – 0.0 cm and +500 cm in the case of access channels and -0.0 cm and +150 cm for theharbour basin. In case of over dredging done by more than 50cm before thedepth given in the scope of work, the quantity due to over dredging will beassessed on the basis of soundings and same will be deducted from over alldredged quantity for the purpose of payment. The contractors are notexpected to dredge beyond the edge of channel and if done no payment forthe same will be made.

6. Quoted Rate. The rate quoted in the tender shall be with dueconsideration to the method of measurement specified in the contract. Allprices are to apply equally to executing the work in difficult or easy situations

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and no claim shall be made, entertained or considered as to the proportions ofthe work actually falling into these categories.

7. Maintenance and Special Repairs. The seller is to undertake propermaintenance and special repairs of the dredgers and crafts before deployingthem for this contract work so as to avoid interception in work due tobreakdown and failures. In case of repair/ maintenance, the same shall beprogressed at Karwar Port expeditiously. No compensation will be paid to thecontractor by the Navy for the time utilized for routine maintenance andspecial repairs due to breakdown etc of his dredgers and other crafts. Howeverthis period itself should not exceed more than 24 hrs. If the period of nonavailability dredgers or crafts exceeds more than 24 hours, alternate dredger/craft should be mobilised.

8. Loss or damage to Port’s and Naval Crafts/ Personnel. Thecontractor will be responsible for any damage to craft/ plant/ equipment of theNavy and for any injury/ accident to any of the Naval personnel deployeddirectly for the work. The contractor shall keep the Karwar Port and Navyindemnified against all such damages and injuries/ accident.

9. Navigation Channels to be kept free. Throughout the contract period,the contractor shall ensure that the work is carried out without causing anyobstruction to or interference with the normal traffic in the harbour. To thiseffect the number of dredgers planned to be employed at any given time bythe contractor towards the completion of dredging should be given in detail inthe technical bid. The same would be discussed at the technical bid openingstage. The contractors craft and personnel, shall at all times, adhere to theestablished rules of the Navy and comply with any direction in respect ofnavigation in the harbour that may be issued from time to time by the Navy.The contractor shall also conform in every way to the Karwar Port and Navalrequirements in respect of marking and lighting any structure, craft orequipment deployed in the execution of contract. It is the sole responsibility ofthe contractor to maintain the channel for navigation during the entire periodof contract irrespective of the time/period in the year during which thedredging operations have to be carried out.

10. Working Time. The contractor is to utilize time of work as required tocomplete the job within the stipulated period. There is no restriction on time ofwork. 11. Lighting and Marking of Channel. The dredger is expected tonavigate and dredge on its Electronic Position Fixing System and radar. Noclaim shall be made by the contractor or entertained by the Navy for failures toprovide and maintain channel buoys and navigational lights etc., nor is thecontractor entitled to any such compensation.

12. Fossils etc. All fossils, coins, articles of value or antiquity and structuresand other remains or things of geological or archaeological interest discoveredduring the work shall, as between the Navy and the contractor, be deemed tobe the absolute property of the Navy and the contractors shall take responsibleprecautions to prevent their workman or any other persons from removing or

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damaging any such articles or thing and shall immediately upon discoverythereof and before removal acquaint the Navy of such recovery.

13. Clearance of Site on Completion. On completion of the work, thecontractor, shall clear away and remove from Port, the Dredger, other plantsmaterials etc and temporary works of every kind. The contractors shall raiseand remove any plant (floating or otherwise) belonging to his or any personemployed by them. In case of sinking of any vessel/craft or plant the contractorshall also set on such buoys and display at night for the safe navigation as maybe required by the Karwar Port and Navy. In the event of the contractor notcarrying out the obligation imposed upon him by this clause, the Navy shallraise and remove the same and the contractor shall pay to the Navy all costsincurred in connection therewith. The fact that the sunken vessel/craft or plantis insured or has been declared a total loss, shall not absolve the contractorfrom his obligation under this clause to raise or remove the same.

14. Contractor’s Office and Personnel. The contractor is to provide andmaintain a suitable office at Karwar to which the Navy or its representativesmay send communications and instructions. A suitable empowered officer shallbe posted for liaison with the Navy, and to receive on behalf of the contractorany directions, instructions or other notices from the Navy. The Navy shall be atliberty to object and require the contractor to remove forthwith from the worksany person including Dredger Commander, Chief Engineer or Dredge Master,provided by the contractor who, in the opinion of the Navy misconduct’shimself, or is incompetent or negligent in the proper performance of his dutiesor whose presence on board the dredger is otherwise considered by the Navyto be undesirable. Any person so removed shall be replaced with suitableperson as soon as possible.

15. Accident or Injury to Contractor’s Workmen. The Navy shall not beliable for any damages or compensation payable by the law in respect or inconsequence of any accident or injury to any workman or other person in theemployment of the contractor or any subcontractor saves and except anaccident or injury resulting from any default of the Navy.

16. Insurance against Accidents to Workmen. The contractor shallinsure against such liability and shall continue such insurance during the wholeof the time that any persons are employed by him on the works. In respect ofany persons employed by subcontractor, the contractor’s obligation to insureas aforesaid under these sub clauses shall be satisfied if the sub contractorshall have insured the person working under him. The contractor shall requiresuch subcontractor to produce the Navy when required, such policy ofinsurance and the receipts for the payments of current premium. Thecontractor shall indemnify and keep indemnified the Buyer against all suchdamages and compensation (save and except as aforesaid) and against allclaims, demands, proceedings, costs, charges and expenses whatsoever inrespect thereof or in relation thereto.

17. Compliance with Statutes, Regulations etc. The contractor shallconform in all respects with the provisions of any such statutes, ordinance orlaw as aforesaid and the Regulations or Bye Laws of any local or other duly

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constituted authority which may be applicable to the work or to any temporarywork and with such rules and regulations of public bodies and companies asaforesaid and shall keep the Navy indemnified against all penalties and liabilityof every kind for breach of any such Statute, Ordinance or Law, Regulation orBye Laws.

18. Return of Labour etc. The contractor shall deliver to the Navy a returnin detail in such form and at such intervals as may be prescribed showing thestaff on board the dredger and the names with age of the other staff from timeto time employed by the contractor ashore for the purpose of issuing Navaldockyard entry permit. All personnel deployed by the seller should have validpolice verification.

19. Health and Sanitary Arrangements. The contractor shall comply withall statutory requirements in respect of the health and sanitation of hisemployees. The Karwar Naval Harbour and adjoining areas are MARPOLcompliant. Vessels of the contractor plying in the area are to adhere to thenorms.

20. Customs Clearance. The Navy shall not be responsible to thecontractor where clearance is required by the customs for bringing the dredgerand other plants and materials and other things required. However allnecessary assistance to obtain such clearance will be rendered without anyfinancial commitment. All deployed vessels should have operational STPonboard and overboard discharge is alloved inside Karwar Naval Base or in itsvicinity.

21. Official Secrets. The contract involves an obligation of secrecy and thecontractor, his agents, servants or sub contractor or their agents or servantsshall observe and comply with the requirements of the Indian Official SecretsAct 1923, and the rules there under or any statutory modifications or re-enactments thereof. Any breach of this clause shall constitute a breach of thecontract. The contractor shall not disclose to anybody except the Navy thedetails of drawings and sounding charts prepared by him. No photographs ofthe Naval area shall be taken or permitted by the contractor to be taken by anyof his employees. Use of mobile phones inside the base is prohibited and nophotography is allowed.

22. Method of Measurement and Payment. A survey shall be conductedby the Navy pre and post dredging. The soundings will be taken at the intervalof every 10 mtrs of dredging areas including side slopes formed by dredging.The survey shall be conducted by a survey ship / boat provided by the Navyusing echo sounder operating at 33 Khz and 210 Khz. The survey will beconducted on a chart scale of 1:1000 for Karwar. The total volume dredgedshall be arrived at using Hypack Software. Payment shall be made on actualsbased on the quantity dredged. Apart from survey pre and post dredging,check surveys shall also be carried out on a mutually agreeable basis. Thecontractor may depute a suitable representative to accompany the navalsurvey team for his satisfaction.

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23. Bills. Daily Dredging Report shall be maintained on board the dredger(s),clearly verified by the Contractor Representative should be forwarded to IndianNavy representative from Karwar Naval Base. The bill for payment shall beprepared based on final post dredge survey. The payment will be made on athree stage basis. The first stage would entail payment post mobilization ofequipment, the second stage post completion of maintenance dredging andthird and final stage post de-mobilisation of equipment. The bills presented bythe contractor not fulfilling the above conditions will be rejected. The paymentshall be made by AO(Navy) Karwar post audit. The details of bank account,MICR Code may be furnished to enable ’e’ payment. Service tax at 14 % of thecontract value will be paid to the Contractor along with the release of interimpayments and at the end of release of total value of final payment inclusive ofamount of variations, if any:-

(a) Mobilisation charges shall be released within four weeks on thecommencement of dredging works.

(b) After completion of maintenance dredging works, the finalpayments shall be released within eight weeks of the presentation ofinvoice.

(c) Demobilisation charges shall be released within four weeks anddemobilization of dredger(s) from the site.

24. Deduction of Over Dredging. No payment shall be made for dredgingbeyond stipulated depth. In case of over dredging the excess volume dredgedshall be arrived at by using Hypack Software post check survey. The excessvolume dredged will not count towards the overall contract volume and will bededucted from the final volume.

25. Insurance. The Contractor shall insure dredger and other supportingcrafts/ equipment deployed for the work against normal marine risks. Thedredger should also have P & I or such cover which shall include salvage of saiddredger incase she is sunk within the Port Limits and is required to be salvagedby the Navy.

26. Care of Works. From the commencement to the completion of thework, the contractor shall take full responsibility for the care of the dredger, itsstaff and his other employees associated with the work thereof. In case anydamage, loss or injury shall happen to the works or any part thereof or to anytemporary work from any cause whatsoever the contractor shall at his owncost repair and make good the same so that the work shall be completed ingood order and in conformity in every respect with the requirement of thecontract.

(a) The contractor shall supply competent day and night watchmenempowered to refuse admission to any unauthorized persons to the siteof the works and to ensure the safety of the workmen, property andworks at all times throughout the period of the contract.

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(b) The contractor shall afford all reasonable opportunities for carryingout their work to any other contractors employed and to the workmen ofbuyer.

(c) All works including temporary works shall be carried out in such amanner as to ensure the safety of any nearby structures partiallydemobilized structures, plant or machinery and they shall be properlyprotected and if necessary barricaded off, shored and strutted etc.,during the operations so as to avoid any unnecessary obstruction to theworking of the Dockyard.

(d) The contractor shall be responsible for the acts of his workmen andfor all damage resulting from the execution of the contract to any buoysor buoy moorings, piers, jetties, wharves, dock gates, walls, landingplaces, cables, embankments, bridges, railways, roads, fences, oil, wateror gas mains, or to any Government or other property whatsoever, andhe shall make good all such damage in perfect and workmen like mannerat his own cost and to the satisfaction of the Buyer and or NavalAuthorities, local or other bodies.

27. Quantity Variation. The contractor may note that for maintaining thechannel for navigational purpose the quantity given may vary to any extent.However, in the eventuality of dredging requirement in excess of theapproximate quantity mentioned per annum in the scope of work for each port,the excess quantity dredged will be paid for to the contractor at the ratequoted in the schedule.

28. Extension of Time. Suitable extension of time for completion of workwill be granted if the quantity of dredging exceeds the tendered quantity.

29. Additional Quantity. After completion of dredging and before onset ofnext dredging period, if it is found necessary to do additional dredging (interimdredging), the contractor shall be prepared to carry out dredging work at thesame rate as quoted in the tender upon 30 days advance notice being given.However, mobilization and demobilization for one dredger will be given for thispurpose. If at all the contractor is not in a position to carry out the interimdredging within the rate quoted, the Navy is free to offload the interimdredging contract to any firm without obtaining No Objection Certificate fromthe Annual Maintenance Dredging Firm.

30. Safety, Security and Protection of the Environment. The Contractorshall, throughout the contract period:-

(a) Have full regard for the safety of all persons entitled to be upon thesite and keep the site (so far as the same is under his control) and thework (so far as the same is completed or occupied by the buyer) inorderly state appropriate to the avoidance of danger to such persons.

(b) Take all reasonable steps to protect the environment on and off thesite and to avoid damage or nuisance to persons or to property of the

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public or others resulting from pollution, noise or other causes arising asa consequence to his method of operation.

31. Accidents/ Collisions. The contractor shall report to the Navy details ofany accidents/collision as soon as possible after its occurrence. Navy will havevicarious liabilities or any other liabilities in such cases. In case of any fatalitiesor serious accident/collision, the contractor shall in addition, notify the localpolice authorities immediately by the available means.

32. The buyer will arrange issue of passes for entry into and exit from theNaval areas and other dredging areas for the staff and crew of the dredger, theemployees and sub-contractor of contractor, free of cost. Similar passes willalso be allowed free to the contractor’s or his supplier’s boats, transport andequipment to and from the site of work through the Naval Dockyard area/water front under the control of the Navy. however, these will be issued onproduction of proper identification and address proof and valid policeverification.

33. No certificate other than the final completion certificate statingsatisfactory completion of obligations shall be deemed to constitute approval ofthe works.

34. Security Deposit. The Bidder will be required to furnish a SecurityDeposit by way of Bank Guarantee through a public sector bank or a privatesector bank authorized to conduct government business (ICICI Bank Ltd., AxisBank Ltd or HDFC Bank Ltd.) for a sum equal to 10% of the contract valuewithin 30 days of receipt of the confirmed order. Security Deposit should bevalid up to 60 days beyond the date of warranty. The specimen is given in FormDPM-15 (Available in MOD website and can be provided on request).

35. Tolerance Clause. To take care of any change in the requirement duringthe period starting from issue of RFP till placement of the contract, Buyerreserves the right to 10 % plus/minus increase or decrease in the depth to beachieved by dredging without any change in the terms & conditions and pricesquoted by the Contractor. While awarding the contract, the quantity orderedcan be increased or decreased by the Buyer within this tolerance limit.

36. Fall Clause. The following Fall clause will form part of the contractplaced on successful Bidder.

(a) The price charged for the stores supplied under the contract by theseller shall in no event exceed the lowest prices at which the Seller sellsthe stores or offer to sell stores of identical description to any persons/organisation including the purchaser or any department of the Centralgovernment or any Department of state government or any statutoryundertaking the central or state government as the case may be duringthe period till performance of all supply Orders placed during thecurrency of the rate contract is completed.

(b) If at any time, during the said period the Seller reduces the saleprice, sells or offer to sell such stores to any person/organisation

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including the Buyer or any Deptt, of central Govt. or any Department ofthe State Government or any Statutory undertaking of the Central orstate Government as the case may be at a price lower than the pricechargeable under the contract, the shall forthwith notify such reductionor sale or offer of sale to the Director general of Supplies & Disposals andthe price payable under the contract for the stores of such reduction ofsale or offer of the sale shall stand correspondingly reduced. The abovestipulation will, however, not apply to:-

(i). Exports by the Seller.

(ii). Sale of goods as original equipment at price lower than theprices charged for normal replacement.

(iii). Sale of goods such as drugs which have expiry dates.

(iv). Sale of goods at lower price on or after the date of completionof

sale/placement of the order of goods by the authority concernedunder the existing or previous Rate Contracts as also under anyprevious contracts entered into with the Central or State Govt.Depts, including their undertakings excluding joint sectorcompanies and/ or private parties and bodies.

(c) The seller shall furnish the following certificate to the PayingAuthority

along with each bill for payment for supplies made against the Ratecontract –

“We certify that there has been no reduction in sale price of thestores of description identical to the stores supplied to the Governmentunder the contract herein and such stores have not been offered/sold byme/us to any person/organisation including the purchaser or anydepartment of Central Government or any Department of a stateGovernment or any Statutory Undertaking of the Central or stateGovernment as the case may be upto the date of bill/the date ofcompletion of supplies against all supply orders placed during thecurrency of the Rate Contract at price lower than the price charged to thegovernment under the contract except for quantity of stores categoriesunder sub-clauses (a),(b) and (c) of sub-para (ii) above details of whichare given below - ........”

37. Payment Terms.

(a) Indigenous Contractors. It will be mandatory for the Bidders toindicate their bank account numbers and other relevant e-paymentdetails so that payments could be made through ECS/EFT mechanisminstead of payment through cheques, wherever feasible. A copy of themodel mandate form prescribed by RBI to be submitted by Bidders forreceiving payments through ECS is at Form DPM-11 (Available in MoDwebsite and can be given on request).

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(b) Foreigner Contractors. The payment will be arranged throughLetter of Credit from Reserve Bank of India/ State Bank of India/ any otherPublic Sector Bank, as decided by the Buyer, to the Bank of the ForeignSeller. The Seller will give a notification within a specified period aboutthe readiness of goods. Letter of Credit is to be opened by the Buyerwithin 30 days on receipt of notification of readiness from the firm. TheLetter of Credit will be valid for 90 days from the date of its opening, onextendable basis by mutual consent of both the Seller and Buyer.

38. Advance Payments. No advance payment(s) will be made.

39. Paying Authority –Accounts Officer (Navy), Naval Base, Karwar -581308. The payment of bills will be made on submission of the followingdocuments by the Contractor to the Paying Authority along with the bill:-

(a) Ink-signed copy of contingent bill/ Contractor’s bill.

(b) Copy of Supply Order/Contract with U.O. number and date of IFA’sconcurrence, where required under delegation of powers.

(c) CRVs in duplicate.

(d) Claim for statutory and other levies to be supported with requisitedocuments / proof of payment such as Excise duty challan, Customs dutyclearance certificate, Octroi receipt, proof of payment for EPF/ ESICcontribution with nominal roll of beneficiaries, etc as applicable.(e) Exemption certificate for Excise duty / Customs duty, if applicable.

(f) DP extension letter with CFA’s sanction, U.O. number and date ofIFA’s concurrence, where required under delegation of powers, indicatingwhether extension is with or without LD.

(g) Details for electronic payment viz Account holder’s name, Bankname, Branch name and address, Account type, Account number, IFSCcode, MICR code (if these details are not incorporated in supplyorder/contract).

(h) Any other document / certificate that may be provided for in theSupply Order / Contract.

(j) User Acceptance.

(k) Ink-signed copy of Commercial invoice / Contractor’s bill.

40. Risk & Expense Clause.

(a) Should the dredging of all areas mentioned in the contract not becompleted within the time or times specified in the contract documentsthe Buyer shall after granting the Contractor to cure the breach, be atliberty, without prejudice to the right to recover liquidated damages as a

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remedy for breach of contract, to declare the contract as cancelled eitherwholly or to the extent of such default.

(b) Should the depths in areas specified for the conduct of dredgingare not achieved in accordance with the specifications/ parametersprovided by the Buyer during the check carried out by the Buyer alongwith the Contractor, the Buyer shall after granting the Contractor 45 daysto cure the breach, be at liberty, without prejudice to the right to recoverliquidated damages as a remedy for breach of contract, to declare thecontract as cancelled either wholly or to the extent of such default.

(c) In case of a breach as stated in the above sub paras was notremedied within the 45 days, the Buyer shall, having given the right offirst refusal to the Contractor be at liberty to procure the services forconduct of maintenance dredging of the areas included in the contract,from any other source as he thinks fit, to make good:-

(i) Such default.

(ii) In the event of the contract being wholly determined thebalance of the remaining area to be completed there under.

(d) Any excess of the contract price, from any other service provider asthe case may be, over the contract price appropriate to such default orbalance shall be recoverable from the Contractor. Such recoveries shallnot exceed 50% of the value of the contract.

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PART V – EVALUATION CRITERIA & PRICE BID ISSUES

1. Evaluation Criteria. The broad guidelines for evaluation of Bids will beas follows:-

(a) Only those Bids will be evaluated which are found to be fulfilling allthe eligibility and qualifying requirements of the RFP, both technicallyand commercially.

(b) In respect of Two-Bid system, the technical Bids forwarded by theBidders will be evaluated by the Buyer with reference to the technicalcharacteristics of the equipment as mentioned in the RFP. Thecompliance of Technical Bids would be determined on the basis of theparameters specified in the RFP. The Price Bids of only those Bidders willbe opened whose Technical Bids would clear the technical evaluation.

(c) The Lowest Bid will be decided upon the lowest price quoted by theparticular Bidder as per the Price Format given at Para 2 and Para 3below. The consideration of taxes and duties in evaluation process will beas follows:

(i) In cases where only indigenous Bidders are competing, alltaxes and duties (including those for which exemption certificatesare issued) quoted by the Bidders will be considered. The ultimatecost to the Buyer would be the deciding factor for ranking of Bids.

(d) The Bidders are required to spell out the rates of Customs duty,Exercise duty, VAT, Service Tax, etc in unambiguous terms; otherwisetheir offers will be loaded with the maximum rates of duties and taxes forthe purpose of comparison of prices. If reimbursement of Customsduty/Excise Duty/ VAT is intended as extra, over the quoted prices, theBidder must specifically say so. In the absence of any such stipulation itwill be presumed that the prices are firm and final and no claim onaccount of such duties will be entrained after the opening of tenders. If aBidder chooses to quote a price inclusive of any duty and does notconfirm inclusive of such duty so included is firm and final, he shouldclearly indicate the rate of such duty and quantum of excise dutyincluded in the price. Failure to do so may result in ignoring of such offerssummarily. If a Bidder is exempted from payment of Customs duty/Excise Duty/ VAT duty upto any value of supplies from them, they shouldclearly state that no excise duty will be charged by them up to the limitof exemption which they may have. If any concession is available inregard to rate/quantum of Customs duty/ Excise Duty / VAT, it should bebrought out clearly. Stipulations like, excise duty was presently notapplicable but the same will be charged if it becomes leviable later on,will not be accepted unless in such cases it is clearly stated by the Bidderthat excise duty will not be charged by him even if the same becomesapplicable later on. In respect of the Bidders who fail to comply with thisrequirement, their quoted prices shall be loaded with the quantum ofexcise duty which is normally applicable on the item in question for the

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purpose of comparing their prices with other Bidders. The same logicapplies to Customs duty and VAT also.

(e) The Lowest Acceptable Bid will be considered further for placementof contract/ Supply Order after complete clarification and pricenegotiations as decided by the Buyer. The Buyer will have the right toaward contracts to different Bidders for being lowest in particular items.The Buyer also reserves the right to do Apportionment of quantity, if it isconvinced that Lowest Bidder is not in a position to supply full quantity instipulated time.

(f) Any other criteria as applicable to suit a particular case.

2. Technical Bid Format. The Technical Bids are to include Form DPM – 5of DPM 09 (available on website of MoD/ may be provided on request). Inaddition, the following details are to be submitted:-

3.

Price/ Commercial Bids Format. The Commercial bids are to correspond tothe technical bids and contain all costing details as per the bill of material.Commercial bids of only technically qualified vendors will be considered.

Note : It is pertinent to mentioned that the commercial bid format withoutprice is also to be attached with Technical bid.

Sr Factor Remarks1. Dredger to be deployed and capacity of

dredger2. Number of dredgers held/ owned by the

company.3. Past performance and experience in

dredging4. Technical Support at Karwar5. Financial Stability Certificate and EMD6. Time duration proposed7. Plan for dredging8. Accept the entire scope of work as per RFP Yes/ No9. If answer to question 8 is NO, please list the

specific jobs not being undertaken as a‘deviation list’ and attach with this matrix

List of deviationsfrom scope ofwork attached/not attached/NA

10.

EMD submitted in accordance with Para 14of Part I of the RFP

Yes/ NO/ NA

11.

Payment terms as per Para 24 and Para 39of Part IV of the RFP

Yes/ No

12.

Standard terms and conditions of theContract as per Part III of RFP

Yes/ No

13.

Other conditions/ remarks

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SOW (MODE OF QUOTATION)

(To be strictly adhered to. Non adherence to this format may result in disqualification)

S.No.

Description ofWork

Denomination Quantity(A)

Unit Rate(in Rs.) B

Total in Rs.(AXB)

1. Mobilisation Charges

No. of Dredges to be filled by contractor under Qty.

2. Cost of Dredgingsilt

DescriptionDredger Hire Charges / dayDredger Capacity (Hoper) (Cum)Hopper carrying Capacity (cum)Loading Time (min)Dumping distance (Nautical miles)Average Speed (Knots)Passage time (min)Dumping and Turning around (min)Total trip time (min)Trips / dayQuantity / day (cum)Rate AnalysisHire Charges (Loading) (incl. of O&M) per CumFuel Charges (Loading) per CumHire Charges (Passage+ Dumping) (incl. of O&M) per CumFuel (Passage + Dumping) pe CumSubtotal Dredging cost/cum3. De-Mobilisation

chargesNo. of dredgers tobe filled by contractor under qty.

4. Service Tax5. Grand Total including taxes and

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charges for dredging 26,03,307 lakhs cubic meters of silt i.e.1+2+3+4 above.

4. Is Excise Duty extra?

5. If yes, mention the following:–

(a) Total Value on which Excise Duty is leviable(b) Rate of Excise duty(c) Surcharge on Excise duty, if applicable?(d) Total value of excise duty payable:

6. Is Excise Duty Exemption (EDE) required.

7. If yes, then mention and enclose the following:

8. Excise notification number which EDE can be given:

9. Is VAT extra?

10. If yes, then mention the following:

(a) Total value on which VAT is leviable(b) Rate of VAT(c) Total value of VAT leviable

11. Is Service Tax extra?

12. If yes, then mention the following:

(a) Total value of Services on which Service Tax is leviable.(b) Rate of Service Tax leviable(c) Total value of Service Tax leviable

13. Is Custom Duty Exemption (CDE) required:

14. If yes, then mention the following:

(a) Custom notification number under which CDE can be given(Enclose a copy).(b) CIF value of stores to be imported(c) Rate of Customs Duty payable(e) Total amount of Customs Duty payable

15. Octroi/ Entry taxes:

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16. Any other Taxes / Duties / Overheads / Other costs:

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