Tendernotice_1 (7)

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VISAKHAPATNAM PORT AUTHORITY

MARINE DEPARTMENT
TENDER DOCUMENT NO.IMAR/DCO/D/ 2/2024
Only through E-tender mode
SUPPLY OF MANNING, OPERATION, MAINTENANCE AND

COMPLETE TECHNICAL MANAGEMENT OF VPA OWNED
1NO. GHD SAGAR DURGA FOR SEVEN YEARS.
TECHNO COMMERCIAL BID

E.mail: dc.vpt@gov.in
CONTRACTOR DY. CONSERVATOR

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MARINE DEPARTMENT
NOTICE INVITING TENDERS (NIT)
1. Organization Visakhapatnam Port Authority

2. Department Marine Department
3. NIT number NO. IMAR/DCO/D/2/24,Dt. 3.6.2024
4. Name of Work SUPPLY OF MANNING, OPERATION,
MAINTENANCE AND COMPLETE TECHNICAL
MANAGEMENT OF VPA OWNED GRAB HOPPER
DREDGER FOR A PERIOD OF SEVEN YEARS.
5. Estimate Contract Value Rs.26,85,90,504/-
6. Period of Completion 7 years
7. Form of Contract Well experienced and financially sound
contractors who have experience in similar works.
8. Bidding Type Open.
9. Bid Call No. 1st Call
10. Type of Quotation E-Tenders in two bid system(Technical and price
bids)
11. Transaction Fee Rs.1,770/- (Rs.1500/- + GST @ 18%) Accepted only
online payable through RTGS/NEFT/Net banking.)
13. Average Annual The tenderer has to submit details of average
Turnover annual turnover of not less than 30% of amount put
(During last three years) to tender during the last 3 years ending 31st March
of the previous financial year issued by any
Chartered Accountant,
14. EMD/Bid Security Rs.27,85,905/- Accepted only online payable

through RTGS/NEFT/Net banking only)
15. EMD/BID SECURITY Payable directly through online while submitting
AMOUNT PAYABLE TO the bid in e-tender portal.
16. Bid document 05.06. from 1630 hrs
downloading start date
17. Bid document 3.7.2024upto 1500 hrs
downloading end date
18. Last date and time for 3.7.2024 upto 1600 hrs
receipt of bids
19. Date of Pre bid meeting 18.6.2024 @1500 hrs.
20. Bid validity 180 Days from the date of opening of the Tender

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21. Pre-qualification/ 4 .7.2024 at 1600 hrs

Technical bid opening
date
23. Officer Inviting Bids Deputy Conservator, V.P.A, Visakhapatnam.
24. Bid Opening Authority HARBOUR MASTER, V.P.A, Visakhapatnam.
25. Address O/o Deputy Conservator,1st Floor,
Marine Department, Visakhapatnam Port Authority,
Visakhapatnam-530 035, Andhra Pradesh, India.
E.mail: dc.vpt@gov.in ,
26. Contact Details Deputy Conservator/Dredging Superintendent
Tel.No.0891-287 5500, 287-5504
1. The bidders shall upload the copy of the transaction details with UTR No. along
with the Technical bid documents. The details of Bank Account are furnished
below.
Bank Name : State Bank of India
Bank Branch : Visakhapatnam Port Branch
Account No. : 30387186900
IFSC : SBIN0001740
2. In case of the NSIC/MSME certificate submitted bidders, the eligibility for

exemption of Transaction fee and EMD amount subject to fulfilling of tender
condition.
3. Port will accept the payment of transaction fee and EMD through
RTGS/NEFT/Net banking only

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SUPPLY OF MANNING, OPERATION, MAINTENANCE AND COMPLETE

TECHNICAL MANAGEMENT OF VPA OWNED GHD SAGAR DURGA FOR SEVEN
YEARS
Sr. No. Contents Page Nos.

Section –I
1. Notice Inviting Tender 05-06
Section- II
2. General Instructions to Tenderers 07-08
3. Instructions to Tenderers 09-28
4. Scope of Work 29-39
5. DEFINITIONS AND INTERPOLATIONS: 40-42
6. Commercial Condition 43-50

7 Form of Letter of Application 51-52
8. Form of Pre-Qualification Information of the Tenderer 54
9. Form of ECS / RTGS Transaction Particulars 55
10. Proforma Of Bank Guarantee (Annexure-I) 56-58
11. Proforma of Contract Agreement (Annexure-II) 59-62
12. Undertaking Format (Annexure-III) 63-64
13. General Information Of Tenderer (Annexure-IV) 65-67
14. Schedule Of Document (Annexure-V) 68

15. Schedule of Deviation (Annexure-VI) 69
16. Schedule of Rates (BOQ) (Annexure-VII) 70
17. UNDER TAKING FOR EXECUTION OF CONTRACT 71

WITHOUT EMD (Annexure- VIII)
18. Integrity Pact (Annexure-IX) 72-77
19. Indemnity Bond (Annexure-X) 78
20. Letter Of Authority For Submission Of Tender(Annexure-XI) 79

21 Joint Venture / Consortium (Annexure-VIII) 80-83

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Instructions for Online Bid Submission Instructions to the Bidders to submit the bids
online thro’ the e - Procurement site https://etenders.gov.in
1. Bidder should do the registration in the tender site using the “Click here to Enroll”
option available.
2. Then the Digital Signature of SIFY/TCS/n Code or any Certifying Authority is to
be registered after logging into the site
3. Bidder can use “My Space” area to update standard documents in advance as
required for various tenders and use them during bid submission. This will
facilitate the bid submission process by reducing time.
4. Bidder may read the tenders published in the site and download the required
documents /tender schedules for the tenders he is interested.
5. Bidder then logs into the site using the secured log in by giving the user
id/password chosen during registration and password of the DSC/e token.
6. Only one DSC should be used for a bidder and should not be misused by others.
7. Bidder should read the tender schedules carefully and submit the documents as
asked, otherwise, the bid will be rejected.
8. If there are any clarifications, this may be obtained using clarifications or during
the pre-bid meeting. Bidder should take into account of the corrigendum’s
published before submitting the bids online.
9. Bidder must in advance prepare the bid documents to be submitted as indicated
in the tender schedule and they should be in required format. If there are more
than one document, they can be clubbed together.
10. Bidder selects the tender which he is interested using search option & then
moves it to the my favorites folder.
11. From the my favorites folder, he selects the tender to view all the details
indicated.
12. The bidder reads the terms & conditions and accepts the same to proceed
further to submit the bids.
13. The bidder has to enter the password of the DSC/e token and the required bid
documents have to be uploaded one by one as indicated.
14. The rates offered details have to be entered separately in a spread sheet file
(.xls) in the space allotted and should be updated as BOQ.xls file for each tender
after the financial bid. The BOQ file, if found modified by the bidder, his bid will
be rejected.

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15. The tendering system will give a successful bid updation message & then a bid
summary will be shown with the Bid No. & the Date & Time of submission of the
bid with all other relevant details. The bidder has to submit the relevant files
required as indicated in the cover content. In case of any irrelevant files, the bid
will be rejected.
16. The bid summary has to be printed and kept as an acknowledgement and as a
token of the submission of the bid.
17. The bid summary will act as a proof of bid submission for a tender floated and
will also act as an entry point to participate on the bid opening date.
18. For any clarifications with the TIA, the bid number can be used as a reference.
19. Bidder should log into the site well in advance for bid submission so that he
submits the bid in time i.e. on or before the bid submission time. If there is any
delay, due to other issues, bidder only is responsible.
20. Each document to be uploaded online for the tenders should be less than 2 MB.
If any document is more than 2MB, it can be reduced by scanning at low
resolution and the same can be uploaded. However if the file size is less than 1
MB the transaction uploading time will be very fast.
21. The time settings fixed in the server side & displayed at the top of the tender site,
will be valid for all actions of requesting, bid submission, bid opening etc., in the
e Procurement system. The bidders should follow this time during bid
submission.
22. All the data being entered by the bidders would be encrypted using PKI
encryption techniques to ensure the secrecy of the data. The data entered will
not viewable by unauthorized persons during bid submission & not be viewable
by any one until the time of bid opening.
23. The confidentially of the bids is maintained since the secured Socket Layer 128
bit encryption technology is used Data storage encryption of sensitive fields is
done.
24. Any documents that is uploaded to the server is subjected to symmetric
encryption using a generated symmetric key. Further this key is subjected to
asymmetric encryption using buyers public keys. Overall, the submitted tender
documents become readable only after the tender opening by the authorized
individual.
25. For any queries, the bidders are asked to contact by mail dc.vpt@gov.in or by
phone 0891 2875502 and 0891 2875504 well in advance

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2.GENERAL INSTRUCTIONS TO TENDERER

1.0 General
Online tenders are invited for engaging contractors for supply of manning,
operation, maintenance and complete technical management of VPA owned dredger
GHD SAGAR DURGA for seven years to marine department of Visakhapatnam Port
Authority under two cover system by e-tendering mode detailed in specification attached
herewith and in accordance with instructions to the tenderer, general conditions of
tender, etc. Through e-procurement website (www.https://etenders.gov.in)
1.1 BRIEF DESCRIPTION OF THE TENDERING PROCESS:-
Port Authority intends to follow a Two-stage Tendering process for selection of

Qualified Tenderer for the work and in the 1st stage (Techno-Commercial bids) upon
evaluation of Eligibility Criteria, Marine Department shall announce the pre-qualified
Tenderers to proceed to the 2nd stage (Price bid). The tender is floated in e-
Procurement website (www.https://etenders.gov.in).
The copy of UTR Number for cost of Tender document & EMD along with Integrity pact
(original) executed in the stamp paper of Rs.100/- as mentioned in Annexure must
be submitted to this office on or before1500 hours on 4.7.2024 i.e. before opening of the
Techno- Commercial bids, failing which, the Techno-commercial bids of the concerned
firm will not be opened.
Pre-bid Meeting: The bidder may sent their queries vide email dc.vpt@gov.in if any on
or before 1600 hours on 17.06.2024.The pre-bid meeting will be conducted at 1500
hours on 18.06.2024 to submit their queries and seek any clarifications.
1.1.1 CONTENTS OF COVER (Techno Commercial bids)

i) For the Pre-qualification stage, the Tenderers have to furnish information on their
Technical and Financial capability in accordance with the conditions and formats
specified in this Tender Document.
ii) The financial documentary evidences sought by Marine Department of the VPA
under (Eligibility Criteria) of INSTRUCTION TO TENDERERS (Technical and
Commercial Conditions) are to be furnished.
iii) The documentary evidences of technical experience sought by the Marine
Department of VPA and relevant Satisfactory Completion Certificates are to be
furnished.
iv) Self-attested copy of Tender document duly filled in by the tenderer affirming that
they abide by all the conditions/clauses/schedules/Annexure of the Tender signed,
dated & sealed by the tenderer on all the pages shall be furnished.
The proof of eligibility as detailed in the eligibility clause and the Demand Draft of
EMD, Cost of Tender Document and Integrity Pact must be scanned and
uploaded in the e-procurement website.

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1.1.2 PRICE BID: Bidders may note that “PRICE BID” shall be submitted through e-
procurement website only.
i) The amount of Earnest Money Deposit is Rs.27,85,905/-
ii) The total cost of Tender Document is Rs.1770/-
iii) Tenderers can down load the Tender Documents from Govt.
e- procurement Website.
iv) The bidders should pay the EMD Rs.27,85,905/-and Transaction Fee
(non-refundable) Rs.1770/- in online mode through RTGS/NEFT/Net
banking etc.. Further, the bidders shall upload the copy of the online
transaction details with UTR No. along with the Technical bid documents
failing which the bid shall be summarily rejected.
1.1.3 Bidders opted for EMD/ Transaction fees exemption having NSIC /
MSE should meet the following.
(a) Bidders have to submit the supporting documents issued by
competent Govt. bodies to become eligible for above exemption.
(b) Certificate issued by NSIC/ MSE shall cover the items tendered to
get fee exemption.
(c) NSIC certificate shall be valid as on due date / extended due date
of the tender.
(d) In case the bid is submitted as an Indian arm of a foreign bidder
and the eligibility criteria conditions were met through foreign
company, then the EMD exemption cannot be claimed under the
MSME status of Indian arm / subsidiary.
1.2 The offer of Techno-Commercial bids must be valid for a minimum of 180 days
from the date of opening of Tender, otherwise the offer shall be rejected as non-
responsive.
1.3 Bidding is open to all eligible bidders meeting the eligibility criteria as defined in
Pre-Qualifying criteria of Instructions to Tenderers. Bidders are advised to note
the minimum qualification criteria specified for qualifying in the tender.
1.4 VPA shall not bind themselves to accept the lowest or any tender and reserve
the right to accept any tender in part or to reject any tender without assigning any
reason thereof.
1.5 The due date of submission of offers will be 03 .7.2024 at 1600 hours unless
otherwise notified. In the event of changes in the schedules, Visakhapatnam Port
Authority notifies the same through e-procurement website.
1.6 If the offers are not received according to the instructions detailed here above,
they shall be liable for rejection.
DEPUTY CONSERVATOR
Ph.No:08912875502,
email: dc.vpt@gov.in

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3. INSTRUCTIONS TO TENDERER (ITT)
SCOPE OF BID
2.1 VPA invites bids for ‘engaging contractors for supply of manning, operation,
maintenance and complete technical management of VPA owned dredger GHD
Sagar Durga for seven years. To Marine Department of Visakhapatnam Port
Authority as per scope of work under two cover system’ by e-procurement
mode from experienced and eligible who are meeting the minimum qualifying
criteria.
2.2 The proof of eligibility as detailed in the eligibility clause (2.9) and the EMD and
Cost of Tender Document must be scanned and uploaded in the e-procurement
website.
2.3 The tender document can be downloaded from following website
www.https://etenders.gov.in THE BIDDERS SHOULD PAY THE TRANSACTION
FEE (NON-REFUNDABLE) AND EMD SHALL BE ACCEPTED through
RTGS/NEFT/Net banking etc.. FURTHER, THE BIDDERS SHALL UPLOAD
THE COPY OF THE ONLINE TRANSACTION DETAILS WITH UTR NO. The
tenderers shall remit a sum of Rs.1770/- (non-refundable) drawn in favour of
“FA&CAO/VPA, on any Nationalized/Scheduled Bank payable at Visakhapatnam
towards the cost of the tender documents. The cost of tender documents along
with EMD and tender document duly signed and stamped on all pages and other
documents required as per tender are to be scanned and uploaded in the
Website www.https//etenders.gov.in before the closing date and time.
Last date and time for submission of e -tenders will be 1600 hours
on 3.7.2024 Deputy Conservator may at its discretion extend the date and time
for receipt of tenders.
2.4 The EMD should be paid through RTGS/NEFT/Net banking etc..
2.5 The EMD of unsuccessful Tenderers shall be returned within 30 days from the
date of issue of Letter of Award (LOA) to the successful Tenderer and on receipt
of Performance Guarantee and signing of the agreement as stipulated in the
tender.
2.5(1) EXPERIENCE
The Tenderer having experience in the MANNING, OPERATION,
MAINTENANCE AND COMPLETE TECHNICAL MANAGEMENT OF
DREDGER or harbour craft above 200 gt for a MINIMUM period of one year are
eligible to participate in the tender. The Tenderer should submit the details of
contracts executed with notarized copies of work order and Completion
certificate/ etc. and certificate.
2.5(2) The tenderer should have successfully completed manning, operation for a
minimum period of one year during last 7 years and the value of similar works
carried out shall be as mentioned below:
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o Three similar works each of value not less than amount 40% of the
present estimated l cost OR
o Two similar works each of value not less than amount 50% of the present
estimated cost OR
o One similar work of value not less than amount 80% of the present
estimated cost
“Similar work” means manning, operation and maintenance of any

Hopper grab dredger or harbour craft above 200 gt.
MANAGEMENT
The Contractor shall employ a technical resource person (such as Dredge

master or Dredge mate or Dredger commander) with sufficient dredging
experiences must be posted on the dredger for operation and maintenance of
GHD Sagar durga. He should be able to interact in English. The copy of the
requisite certificates of the qualified person shall be submitted and the name and
phone number of the Designated Person should be submitted immediately after
receipt of award of contract letter from the VPA and interact with VPA officials
with regard to this contract on day to day basis
2.5 (3) TURNOVER:

The average annual turnover of the tenderer for the last three years i.e.
2020-21, 2021-22 and 2022-23 should be at least 30% of the estimated cost of
the contract of The tenderer should submit copy of Annual Reports audited by
Chartered Accountant for the last 3 years by giving the audited profit and loss
account and balance sheet.
If the tenderer is a subsidiary company or a member or a member of a
group and under the prevalent laws the separate accounts of the subsidiary
company are not available, the tenderer should submit the consolidated audit
accounts of the holding company or group for the last 3 accounting years. In
addition, tenderer should submit a certificate from the auditor of the holding
company certifying the turnover of the tenderer (subsidiary company for the last 3
accounting years. Any certificate in this regard only from the tenderer will not
suffice.
2.5(4) GST IN No. and PF & ESI No.
The contractor has to furnish the GST IN Number and PF & ESI
Registration number of their firm to consider their bid and those who fail to
furnish the same, their bids will be rejected summarily.

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2.6 VPA reserves the right to forfeit the EMD in respect of successful Tenderer, if the
tenderer fails to enter into a contract and furnish the necessary Bank guarantee
towards Security Deposit (Performance Guarantee) within 15 days from the date
of issue of Letter of Award (LOA).
2.7 No interest will be payable on the EMD.
2.8 All bidders shall provide signed Tender Form, Details of Experience Qualification
(Schedule IA), Details of Turn Over (Schedule IB), Covering letter in the format
Schedule II, Letter of acceptance Schedule III, Memorandum Schedule IV,
Integrity Pact, etc.
2.9 ELIGIBILITY CRITERIA:
The Tenderer must fulfil the following criteria to prove the techno-
commercial competence and submit the documents in support thereof.
2.10 Even though the bidders meet the above qualifying criteria, they are subject to be
disqualified if they have:
• made misleading or false representations in the forms, statements and
attachments submitted in proof of the qualification requirements; and/or
• Record of poor performance such as abandoning the works, not properly
completing the contract, inordinate delays in completion, litigation history, or
financial failures etc.
While evaluating the bids, Marine department may seek any other details /
documents which it may feel as necessary to ascertain and establish the
competence of the tenderer. In case of failure or refusal to furnish such details
within the given time limit, Marine department shall evaluate the bids on the
merits of the available documents.
2.11 The rate shall be quoted strictly as per the cost schedule given in BOQ format
and also applicable taxes. The tenderers are directed to comply with the
directions while submitting the tender. Those price bids not conforming to the
format in cost BOQ will be summarily rejected.
2.12 If any discrepancies are observed between figures and words in the rates
quoted, while evaluating the bid, the rates quoted in words shall supersede the
rates quoted in figures.
2.13 The Tenderer shall quote in BOQ in Indian Rupees only. No other currency
would be accepted. Any offers received in other currencies will be treated as
“Non Responsive” and will not be considered for further evaluation.
2.14 The rate shall be quoted only online and shall not be submitted along with
Techno Commercial bid required to be submitted in the cover.

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2.15 The Tenderer shall not put any counter conditions. Any counter offer as well as
any alterations in the conditions/scope of work as specified in the tender shall be
liable to disqualify the tender forthwith.
2.16 The Tenderer must submit all details, documents etc. as required in the tender
and fill all Annexure of the tender documents and also fill in the format given in
Annexure for submission of all documents for Experience & Turn over. In case,
the Tenderer fails to submit the documents as per the requirements of tender,
VPA reserves the right to treat the tender as non – responsive without seeking
any further clarification.
2.17 One Bid per Bidder

Each bidder shall submit only one bid for one package. A bidder who submits or
participates in more than one Bid (other than as a subcontractor or in cases of
alternatives that have been permitted or requested) will cause all the proposals
with the Bidder's participation to be disqualified.
Joint Venture (JV) / Consortium
The Bids from JV / Consortium with two partners will also be considered.
JVs/Consortia is subject to the following
(i) In a JV, both partners are jointly and severally liable to the Employer for the
fulfillment of the provisions of the Contract and shall designate one party to
act as a Lead member with authority to bind the joint venture, consortium, or
association by entering into an MOU (to be executed on non-judicial stamp
paper). The roles and responsibilities, equity holding, etc. shall be clearly
indicated in the MOU and the same shall be submitted with the Techno-
Commercial Proposal.
(ii) The technical and financial criteria (PQC) may be met jointly by the partners.
Thus, firms with at least 26% equity holding each shall be allowed to jointly
meet the Pre-Qualification Criteria.
2.18 Cost of Bidding
The bidder shall bear all costs associated with the preparation and submission of
his Bid and Visakhapatnam Port Authority will in no case be responsible and
liable for those costs.
2.19 Site Visit
a) The Tenderer shall examine carefully the conditions of contract in the

Tender documents supplied herewith. Though every effort is made herein to
give basic data as exhaustively as possible, the Tenderer is advised to visit
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Marine Department of Visakhapatnam Port Authority and its approaches

and get himself thoroughly acquainted with all necessary data concerning
weather conditions, working conditions, sea conditions, etc. for the
purposes of making a correct offer. All costs, charges and expenses that
may be incurred by the Tenderer in connection with such investigations for
the submission of his offer shall be borne by him and the Board accepts no
liability or responsibility whatsoever there for.
b) The Tenderer, at the Tenderer's own responsibility and risk, is

encouraged to visit and examine the craft / Site of Works and its
surroundings and obtain all information that may be necessary for
preparing the Tender and entering into a contract for the Tender Works.
The costs of visiting the Site shall be at the Tenderers' own expense.
2.20 RESPONSIVE OFFER
Marine Department of Visakhapatnam Port Authority will scrutinize the

tenders to determine whether the tender is substantially responsive to the
requirements of the Tender Documents and Scope of Works without any
deviation or reservation. An offer shall be considered responsive, if the Tender
documents:
(i) is received by the due date and time including such extension thereof.
(ii) is signed, sealed and marked as stipulated.
(iii) Contains all the information as requested in the tender documents and
the covering letter in the format specified in Schedule-II.
(iv) Contains information in formats same as those specified in this tender

documents;
(v) Mentions the validity period as set out in Clause 2.27 of the Tender;
(vi) Letter stating that the tenderer visited the port and understood the said
scope of work. While submitting the clarification regarding the Techno-
Commercial Bid, the Tenderer shall not be allowed to change the Price.
In case, the Tenderer desires to change Price, the Tender shall be
rejected and EMD forfeited.
2.21 NON-RESPONSIVE OFFER
The Tender will be considered as ‘Non-Responsive Offer’, if it is found that:

• the Tenderer includes/adds any condition in the Price Bid;

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• All corrections and over writings are not signed, dated and stamped by
the authorized signatory signing the tender.
• The Rate is not quoted in Cost Schedule-‘V’ as per the instructions
given in the Tender Document.
• Tenders without furnishing the proof for Experience and average
annual turnover for the last three years
• The Tenders submitted without the EMD and cost of tender document
VPA reserves the right to reject any offer that is non-responsive on the
grounds listed in the Tender condition or for any other reasons. The Port will not
entertain any request for alteration, modification, substitution or withdrawal in
respect of such offers.
2.22 Amendment of Bidding Documents
2.22.1 Before the deadline for submission of bids, Marine Department of

Visakhapatnam Port Authority may modify the bidding documents by using
addendum/corrigendum and the same shall be uploaded on the e-
procurement website (www.https://etenders.gov.in)
2.22.2 To give prospective bidders reasonable time in which to take an

addendum/corrigendum into account in preparing their bids, Marine
Department of Visakhapatnam Port Authority shall extend as necessary
the deadline for submission of bids.
2.23 Preparation of Bids

Language of the Bid: All documents relating to the bid shall be in the
English language.
2.24 Documents comprising the Bid
The bid submitted by the bidder shall comprise the following.

2.25 Techno Commercial
(i) Original copy of Tender Documents along-with addendums if any, duly
initialed on each page with company’s seal as token of acceptance of
Tender Conditions & Specifications.(Price bid to be submitted only
ONLINE).
(ii) Documentary Evidence of Experience on similar works executed during

the last seven years, and details like value of works, clients, proof of

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satisfactory completion as required in 2.9(1) and statement in

Schedule-I (A).
(iii) Documentary evidence of adequate financial standing as required in 2.9(3)

& statement in Schedule –I (B).
(iv) Mana Managerial & Technical staff / Manpower requirement as

required in 2 .9 (2).
(vi) The following documents shall be duly filled in, signed & stamped
a. Letter of submission – covering letter (Tender form) as in Schedule-II.
b. Power of Attorney.
c. Bankers Details
d. Memorandum Schedule-IV
The tenderer should not indicate the rate anywhere directly or indirectly in
cover. Any such offer or indication of rate shall disqualify the tender forthwith.
2.26 Bid Prices
The rate must be quoted online only.
a. The contract shall be for the whole period as described based on the rate
submitted online by the Bidder.
b. The bidder shall fill in rates and prices inclusive of all Taxes and Duties as
described in the Cost Schedule (Bill of Quantities).
c. All duties, taxes and other levies payable by the contractor under the
contract, or for any other cause shall be included in the rate submitted by the
Bidder. Statutory deductions (TDS) as applicable from time to time will be
deducted at source while releasing the stage payment.
d. The Tenderer shall take into account all costs without limitations and include
but not to salary, PF, ESI, transport, overtime, Bonus, holiday wages,
Insurance for men and materials, Cafeteria (meals), labour, profit, taxes,
liabilities, vehicles, PPEs and other materials viz. Boiler suit, shoe, rain coat,
helmet, Highlight jacket, Life Jacket, Hand gloves, Walkie Talkies (3 Nos.),
Torch (FLP) (3 Nos.) First Aid Box and other consumables etc., and any
other expenses for the smooth conduct of this Contract. Reasonability of
providing the above said to all personnel involved in this contract needs to
spelt out if required. If not reasonably justified, the tender will be considered
non-responsive.
e. The rates and prices quoted by the bidder shall be fixed for the duration of
the Contract and shall not be subject to adjustment on any account. It must
be clearly understood that the rates quoted in the tender are to include
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everything required to be done by the Tenderer as per instructions to

Bidders, conditions of contract referred to therein and also for all such work
as is necessary for the proper completion of the contract although specific
mention thereof may not have been made in the tender documents. The
rates shall be inclusive of all incidentals necessary for the due fulfillment of
the contract. The tenderer should quote in cost schedule the firm price and
shall be bound to keep this price firm till completion of tender period and no
escalation whatsoever shall be applicable during the entire period of
execution of the order/ contract period.
2.27 Bid Validity
2.27.1 Bids shall remain valid for a period not less than 180 days from the date of
submission of the Tender. A bid valid for a shorter period shall be rejected by
Visakhapatnam Port Authority as non- responsive.
2.27.2 In exceptional circumstances, prior to expiry of the original time limit,
Visakhapatnam Port Authority may request that the bidders to extend the period
of validity for a specified additional period. The request and the bidders'
responses shall be made in writing or by email. A bidder may refuse the request
without forfeiting his bid security. A bidder agreeing to the request will not be
permitted to modify his bid.
2.28 Bid Security (Earnest Money Deposit- EMD)

A. EMD of unsuccessful bidders other than L1 and L2 be returned within 30
days from the date of issue of Letter of Award (LOA) to the successful
Tenderer. Earnest Money of L2 will be returned immediately after
entering in to agreement with L1 and acceptance of performance
Guarantee from L1.
B. The EMD of unsuccessful tenderer shall be returned without interest as

early as possible on award of contract to the successful tenderer. The
EMD of the successful tenderer shall be returned only on receipt of
Performance Guarantee as stipulated by the tenderer.
C. The Bid Security (EMD) may be forfeited, if

(i) The Bidder withdraws the Bid after Bid opening during the period of
Bid Validity;
(ii) The Bidder does not accept the correction of the Bid Price, or the
successful Bidder fails within the specified time limit to
a) Sign the Agreement
b) Furnish the required Performance Security. Fail to
commence the operations within 30 days from the date of
issue of LOA.
2.29 Alternative Proposals by Bidders Conditional offer or Alternative offers will not be
considered further in the process of tender evaluation.
2.30 Format and Signing of Bid

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2.30.1 The Bid shall be typed or written in indelible ink and shall be signed by a
person or persons duly authorized to sign on behalf of the Bidder. All
pages of the bid and where entries or amendments have been made shall
be initialed by the person or persons signing the bid.
2.30.2 The Bid shall contain no alterations or additions, except those to comply
with instructions issued by Marine Department of Visakhapatnam Port
Authority.
2.31 The Tender has to send the Integrity Pact by post/courier so as to reach the
Office of the Deputy Conservator, Marine Department, Visakhapatnam Port
Authority,Visakhapatnam-530035 on or before the date & time mentioned above.
2.32 Submission of Bid through E-Tendering mode.
Tenderer should participate and submit the tender mandatory through online only
and need not submit the hard copies of bid.
2.33 Modification and Withdrawal of Bids
2.34 Bidders may modify or withdraw their bids before the deadline prescribed for
submission of bids.
2.34.1 No bid may be modified or withdraw after the deadline prescribed for
submission of Bids.
2.35 Bid Opening and Evaluation
2.35.1 On the due date specified, Visakhapatnam Port Authority will first open
Technical bids of all bids received through E-Tendering mode (on–line).
In the event of the specified date for Bid opening being declared a
holiday by VISAKHAPATNAM PORT AUTHORITY the Bids will be
opened at the appointed time and location on the next working day.
2.35.2 If all Bidders have submitted unconditional Bids together with requisite
Bid security, then all Bidders will be so informed then and there. If any
Bid contains any deviation from the Bid documents and /or if the same
does not contain Bid security the manner prescribed in the Bid
documents, then that Bid will be rejected. All valid Price Bids whose
technical bids have been determined to be substantially responsive (to
the pre qualifying criteria) shall be opened on the specified date. The
Bidder's name, the Bid prices, the total amount of each Bid and such
other details as the VPA may consider appropriate, will be disseminated
automatically in e-procurement mode.
2.36 Process to be confidential

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Information relating to the examination, clarification, evaluation and comparisons

of tender and recommendations concerning the award of contract shall not be
disclosed to Tenderers or any other persons. Any efforts by the Tenderers to
influence Marine Department of Visakhapatnam Port Authority in the process of
examination, clarification, evaluation and comparisons of tenders and decisions
concerning the award of contract may result in rejection of the Tenderer’s offer.
2.37 Clarification of Bids

To assist in the examination and comparison of Bids, Marine Department of
Visakhapatnam Port Authority may, at his discretion, ask any Bidder for
clarification of his Bid. The request for clarification and the response shall be in
writing- mail or by fax, but no change in the price or substance of the Bid shall be
sought, offered, or permitted except as required to conform the correction of
arithmetic errors discovered by Marine Department of Visakhapatnam Port
Authority in the evaluation of the Bids in accordance with Clause.
2.38 No Bidder shall contact Marine Department of Visakhapatnam Port Authority on

any matter relating to his bid from the time of the bid opening to the time the
contract is awarded. If the Bidder wishes to bring additional information to the
notice of Marine Department of Visakhapatnam Port Authority then the bidder
should do so in writing.
Any effort by the Bidder to influence Marine Department of Visakhapatnam Port

Trust bid evaluation, bid comparison or contract award decisions, may result in
the rejection of his bid.
2.39 Examination of Bids and Determination of Responsiveness.
Prior to detailed evaluation of Bids, Marine Department of Visakhapatnam Port

Authority will determine whether each Bid meets the eligibility criteria and has
been properly signed by an authorized signatory
A substantially responsive Technical bid is one which conforms to all the terms,
conditions and specification of the Bidding documents, without material deviation
or reservation and also satisfies eligibility & qualification criteria. A material
deviation or reservation is one which affects in any substantial way the scope,
quality or performance of the Works, which limits in any substantial way, Marine
Department of Visakhapatnam Port Authority rights or the Bidder's obligations
under the Contract or whose rectification would affect unfairly the competitive
position of other Bidders presenting responsive Bids. If a Technical Bid is not
substantially responsive, it will be rejected by Visakhapatnam Port Authority may
not subsequently be made responsive by correction or withdrawal of the non-
conforming deviation or reservation.
2.40 Correction of Errors
2.40.1Bids determined to be responsive will be checked by Marine Department of

Visakhapatnam Port Authority. for any arithmetic errors. Errors will be
corrected by Visakhapatnam Port Authority as follows:
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(a) Where there is a discrepancy between the rates in figures and in words,
the rate in words will govern and
(b) The amount stated in the Bid will be adjusted by Visakhapatnam Port
Authority. in accordance with the above procedure for the correction of
errors and, with the concurrence of the Bidder, shall be considered as
binding upon the bidder. If the Bidder does not accept the corrected
amount, the Bid will be rejected, and the Bid security (EMD) shall be
forfeited.
2.41 RATE:-the tenderer shall quote the rate per day of 24 hours basis supply of
manning, operation, maintenance and complete technical management of VPA
owned GHD Sagar Durga for seven years to marine department of
Visakhapatnam Port Authority under two cover system e – tender in Indian
rupees as per the BOQ format of tender document and the same shall be paid in
Indian rupees only.
2.42 DAY:-
The day means 24 hrs. of duration commencing from 0600 hrs to 0600
of the following day.
2.43 ADDENDUM / CORRIGENDUM OF TENDER DOCUMENTS

2.43.1 At any time prior to the last date for submission of tenders, Visakhapatnam
Port Authority may for any reason whatsoever change or modify the tender
documents by addendum/corrigendum. The addendum / corrigendum so
carried out will be forwarded to all the prospective Tenderers who have
purchased the Tender Documents in writing either by post or by fax. The
amendment so carried out will form part of the tender and shall be binding
upon the Tenderers. The Visakhapatnam Port Authority may at their
discretion extend the last date of submission of the tenders to enable the
Tenderers reasonable time to submit their tender after taking into
consideration such addendum/corrigendum.
2.43.2 No Tenderer will be permitted to withdraw or modify his tender after the last
date for submission of the Tender or such extended time as the case may be
and before the expiration of the period of validity of the tender or such
extended time as the case may be.
2.44 CHARGES TOWARDS STAMP DUTY & EXECUTION OF

AGREEMENT:-
All costs, charges and expenses including stamp duty in connection with the
contract as well as preparation and completion of agreement by the
Tenderer’s attorneys shall be borne and payable by the Tenderer.
2.45 CLARIFICATION OF TENDERS :-
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Visakhapatnam Port Authority shall carry out evaluation of Techno

Commercial Bids and to assist the examination, evaluation and comparisons
of tenders, Marine Department of Visakhapatnam Port Authority may ask
Tenderers, individually or collectively for clarification of their tenders. The
request for clarification and the response shall be in writing by email or by
post and the tenderer shall submit their replies within prescribed days as
mentioned in letter from the date of sending the communication from the
Office of the Deputy Conservator, VPA. No change in price or substance of
the tender shall be sought, offered or permitted nor the Tenderers shall be
permitted to withdraw their tender before the expiry of the tender validity
period.
2.46 NOTIFICATION OF AWARD
Visakhapatnam Port Authority shall intimate the successful Tenderer by

writing through email/letter confirming that their offer has been accepted prior
to the expiry of the tender validity period. This letter is to be called as Letter
Award.
2.47 PERIOD OF CONTRACT

The period of contract is 7 years from the date of commencement.
2.48 SIGNING OF AGREEMENTS

2.48.1 The successful Tenderer shall send the Letter of Acceptance (LOA) within 10
days of issue of the Letter of Award indicating the time required to start
operation. However the successful Tenderer shall not take more than 30 days
to commence the operation from the date of issue of Letter of Award. In case
the successful Tenderer fails to send the Letter of Acceptance within the
period stipulated above, the Letter of Award (LOA) is liable for cancellation
and the EMD of such successful tenderer shall be forfeited.
2.48.2 Any correspondence/clarification /requests etc., whatsoever received from the

Tenderer after the receipt of the Letter of Acceptance by Visakhapatnam Port
Authority Port shall not be entertained and no extension of time will be granted
for any reason whatsoever. The successful Tenderer shall sign the
Agreement within 15 days from date of issue of Letter of Award (LOA) by the
VPA. The successful tenderer shall furnish for Performance Guarantee an
amount equal to 10% of the accepted tender value in the form of the Bank
Guarantee issued by any Scheduled Bank/Nationalised Bank enforceable and
encashable at Visakhapatnam Port Authority before signing the agreement for
ENGAGING CONTRACTORS FOR supply of manning, operation,
maintenance and complete technical management of VPA owned dredger
GHD SAGAR DURGA for seven years to marine department of
Visakhapatnam Port Authority. If the successful Tenderer fails to come forward
within the stipulated time of 10 days to sign the Agreement, the Letter of
Award (LOA) is liable for cancellation and the EMD of the contractor will be

21
forfeited. The Tenderer shall not be allowed to sign the Agreement without
submitting B.G. towards the Performance Guarantee.
2.49 COMMENCEMENT OF CONTRACT
The Tenderer who has been awarded with the contract should commence the
operations within 30 days from the date of issue of Letter of Award (LOA).
2.50 INSURANCE:
The successful Tenderer shall take suitable Comprehensive Insurance

keeping natural of job at his cost for his personnel engaged at Visakhapatnam
Port Authority Also submit proof of payment of insurance premium to Marine
Department of Visakhapatnam Port Authority on or before the commencement
of the operation.
2.51 PF, ESI, Insurance : The Contractor shall comply with all applicable labour law
requirements like Provident Fund (PF), Employees State Insurance (ESI),
Workmen compensation Act, all other applicable Acts and Rules from time to
time as per Ministry of Labour, Govt. of India and Andhra Pradesh Labour
Welfare Board, AP Govt. Irrespective of the number of men employed in the
work, insurance of staff and all personnel deployed by him including third party
insurance shall be done by the Contractor against risk due to any accident at
site.
(i) The Tenderer shall make payment to their employees not lesser
than minimum Wages Act.
(ii) The Tenderer shall comply with all other applicable Acts/Laws
(Minimum Wages Act, Labour Laws, Safety Laws etc.)
In the event of default on the part of the contractor to make any statutory
payments of the above Acts/Rules, Visakhapatnam Port Authority shall
recover the same from the Contractor’s bills immediately next falling due or
from his security deposit without prejudice to other rights of Visakhapatnam
Port Authority under this contract.
2.52 In case of failure to post of the crew as per the requirements of VPA the
payment will not be made for the period of non-availability of crew and a like
sum will be levied as penalty as per the penalty class said in the tender
document.
2.53 The contractor shall indemnify Visakhapatnam Port Authority of any liabilities
sustained by him or the personnel engaged by him during the contract period
and give such an undertaking/execute an indemnity bond. Also the Contractor
shall indemnify Visakhapatnam Port Authority against Fire risk, theft and any
damage caused by him to any Visakhapatnam Port Authority property / other
vessels and to Undertake to make good the damages.
2.54 Changing Room: VPA will provide one Changing room if available for rent,
water and electricity inside the Port for the crew team . However, it is the
responsibility of the contractor to keep this room neat and clean at all times.

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Any non-maintenance of cleanliness of the changing room or any property

damage in the allotted area, the necessary charges applicable will be
recovered from the contractor.
2.55 PAYMENT TERMS:

Payment shall be arranged on monthly basis within 15 days of receipt of
complete bill supported with all required document in proper format and
attested by Deputy Conservator, Visakhapatnam Port Authority or his
authorized representative and after scrutiny of log book, Attendance and other
records. The bill submitted by firm should contain GST.
The GST shall be reimbursed only on receipt of Input Tax Credit on VPA’s
GST Portal for the particular bills.
2.56 Visakhapatnam Port Authority has Right to accept any Bid and to reject any or
all
Notwithstanding clause, Visakhapatnam Port Authority reserve the right to
accept or reject any bid and to cancel the bidding process and reject all bids,
at any time prior to the award of contract, without thereby incurring any liability
to the affected bidder or bidders of the grounds for Visakhapatnam Port
Authority’s action.
2.57 Disputes and Settlement of Disputes. Any litigation arising out of this agreement
shall only be adjudicated before the Competent Court of Law within the
jurisdiction of Visakhapatnam.
2.58 Corrupt or Fraudulent Practices

Visakhapatnam Port Authority requires that Bidders/Suppliers/ Contractors under
this contract, observe the highest standard of ethics during the execution of this
contract.
2.59 Right to Foreclose the Contract:

Notwithstanding anything in the contract agreement the contractor agrees that
the VPA (on its own or acting on behalf of Government of India) or the
Government of India shall be entitled to foreclose the contract on the occurrence
of the following events.
i. Contractor event of breach of contract.
ii. An emergency or
Iii. For national security and /or national interest and / or public reasons or
any other reasons. Upon the occurrence of the events specified in the
above
(i), (ii) & (iii), VPA or Government of India reserves the right to foreclose
the contract at any point of time during the contract period on issue of the
Termination notice under the provision of the Termination clause 2.77 of
the Tender, the VPA shall not be liable to compensate the contractor or
any other person for any losses or estimated loss or profit during such
period.

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2.60 DEFINITIONS AND INTERPRETATIONS
2.60.1 In the contract (as hereinafter) defined the following words and
expressions shall have the meaning hereby assigned to them except
where the context otherwise requires
2.60.2 'VPA' means Visakhapatnam Port Authority
2.60.3 'DC' means the Deputy conservator of Visakhapatnam Port Authority
2.60.4 ‘ISPS’ means International Ship and Port Facility Security Code.
2.60.5 a ‘THE CONTRACTOR OR SUCCESSFUL TENDERER’ means the

person or persons, firm, corporation, or company whose tender has been
accepted by Visakhapatnam Port Authority and includes the contractor’s
servants, agents, workmen, personal representatives, successors and
permitted assigns.
b. “Contractor” means the person or persons, firms, corporation, joint ventures

or company whose tender has been accepted by the Owner and includes
the Contractor’s servants, agents and workmen, personal representatives,
successors and permitted assigns.
2.60.6 ‘CONTRACT’ means the Tender document as a whole which includes

Instruction to Tenderers, General Conditions of Contract, Form of Tender,
Charter Party Agreement, Technical Specification, Letter of Acceptance,
Bank Guarantee in respect of satisfactory performance of contract, scope
of work, schedules, queries raised by the tenderers before and during the
pre-bid meeting, written replies and any addendum/corrigendum thereto,
the Tender Committee Meeting Minutes, Recommendation, related
correspondences with the Tenderers, etc. and all correspondences
leading to the award of contract should form part of the contract document.
Any addendum thus issued to all the tenderers and answers to the queries
raised during the pre-bid meeting, if any will form part of the Contract
document.
2.60.7 “CONTRACT PRICE” means the total sum of money to be paid by VPA to
the contractor for satisfactorily rendering the services as per the contract
subject to such additions thereto or deductions therefrom as may be made
under the provisions hereinafter contained.
2.60.8 ‘DAY’ means 24 Hours commencing from 0600 Hours to 0600 hours of
the next day.
2.60.9 IN WRITING’ or ‘WRITTEN’ means a letter handed over from the Charterer
to the Successful Tender or vice versa, a registered letter, email
or other modern form of written communication.

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2.60.10 AUDITOR’ means a statutory auditor as defined in the Company’s Act,

1956.
2.61 CARE AND DILIGENCE
The Tenderer shall exercise all responsible care and diligence in the
discharge of all technical, professional and contractual duties to be
performed by them under this contract and shall be fully responsible to
Visakhapatnam Port Authority for the proper, efficient and effective
carrying out of their duties.
2.62 EXECUTION:
The Contractor shall in consideration of payments to be made to him as

hereinafter provided, execute and perform the work set forth as described in the
tender, including any amendments or additions or alterations or changes
thereto.
2.63 NOTIFICATION OF AWARD:

a) Prior to the expiration of the period of tender validity prescribed in the
tender, VPA, will notify the successful Tenderer through letter/s by
post/fax/e-mail confirming that their offer has been accepted and award of
contract. This letter is to be called Letter of Award (LOA). This Letter of
Intent shall indicate the sum, which VPA will pay to the Contractor in
consideration of the execution of the contract by the contractor.
b) Letter of Award will be issued in the name of the company which has
purchased / submitted the tender, and will constitute the conditions of
contract.
2.64 DEDUCTION OF TAXES & LEVIES AT SOURCE :-
Visakhapatnam Port Authority will deduct all type of Tax & Levies at source as
per the Law applicable to the Contractor.
2.65. INCOME TAX:

The deduction of tax at source if any, shall be made by the VPA and deposited
with the tax authorities and required certificate to this effect shall be issued to
the Contractor.
2.66 LIEN :

25
Visakhapatnam Port Authority will have a lien on and over all of any money that
may become due and payable to the Contractor under this contract or any other
contract or from any amount lying with them or under their control and in respect
of any debt or sum that may become due and payable by Visakhapatnam Port
Authority to the Contractor either alone or jointly with another or other and either
under this contract or under any other contracts or transaction of any nature
whatsoever between Visakhapatnam Port Authority and the Contractor.
2.67 INDEMINITY:-
Notwithstanding that all reasonable and proper precautions may have been taken
by the Contractor at all times during the currency of the agreement, the
Contractor will nevertheless be wholly responsible for all damages to the property
of Visakhapatnam Port Authority during the currency of the agreement and the
cost of such damages will be borne by the Contractor.
2.68 Damage to persons and property:
The contractor shall indemnify and keep indemnified the VPA against all losses
and claims for injuries or damage to any person or any property and against all
claims, demands, proceedings, damages, costs, charges and expenses
whatsoever in respect of or in relation thereto.
Injuries or damage to persons/property resulting from any act or neglect done or
committed during the currency of the contract by the Board, its agents, servants
or other contractors (not being employed by the contractor) or for in respect of
any claims, demands, proceedings, damages, costs, charges and expenses in
respect thereof or in relation thereto.
2.69 LAWS:
2.69.1 This agreement will be governed by the laws of India and is subject to the
Jurisdiction of the Courts in Visakhapatnam Port Authority
2.69.2 Notwithstanding the contractual obligation, the board of Visakhapatnam
Port Authority shall be entitled to all protections and defence under the
provisions of the Major Port Act 1963 and the Indian Ports’ Act 1908
including any amendments/changes as may be incorporated.
2.69.3 In these conditions unless there is something in this subject or context
inconsistent therewith words importing the singular will include the plural
and vice versa words importing the masculine gender will include feminine
and words importing persons will include bodies corporate.
2.70 ECS/RTGS PAYMENT
The tenderers are advised that all payments related to this subject work
would be made through ECS/RTGS. The tenderer would be required to provide
the following particulars of their bank account along with their bid.
Particulars of the bank A/C
1. Bank Name
2. Branch name & address
3. Phone No.
4. Type of account
5. Account number
26
6. Nine digit MICR Code number

2.71 Mode of measurement and payment
Payment shall be made on the basis of proper execution of contract by posting of
crew as per requirement and dredging the quantity which will be verified against
the records, log books, attendance and certification by controlling officer and the
contractor will have to prepare and submit by himself the bills once in a month.
2.72 ESCALATION
The quoted rates shall be firm throughout the tenure of the contract. No
escalation is payable over and above the rates quoted by the contractor for any
reasons whatsoever.
2.73 ASSIGNMENT AND SUB-LETTING :-

The Contractor shall not sub-let the contract or any part thereof without the
written permission of Visakhapatnam Port Authority nor assign the right and
interest in these presents nor assume a fresh partner or partners nor dissolve the
partnership at present existing between him in reference to this contract without
the written permission of Visakhapatnam Port Authority and such consent, if any,
given shall not relieve the Contractor from any liability or obligations under the
contract and the Contractor shall be responsible for the acts, defaults and
neglects of any sub- Contractor or his servants, agents or workmen fully as if
they were the acts, defaults or neglects of the Contractor provided always that
the provisions on labour or a piecework basis shall not be deemed to be a sub-
letting under this clause.
2.74 COMPLIANCE WITH STATUTORY REQUIREMENTS:
The Contractor shall at all times during the continuance of the contract comply
fully with all existing Acts, Regulations and bye laws including all statutory
amendments and re-enactment of State or Central Government and other local
authorities and any other enactments and acts that may be passed in future
either by the State or Central Government or local authority including Indian
Workmen’s Compensation Act, Contract Labour (Regulation and Abolition) Act
1970 and Equal Remuneration Act 1976, Factories Act, Minimum Wages Act,
Provident Fund Regulations, Employees Provident Fund Act, Merchant Shipping
Act, Indian Ports Act, Major Port Act, Harbour Craft Rules, environmental act,
MARPOL and Rules and Regulations of VPA and other maritime
legislations/rules/regulations etc. in so far as they are applicable to this contract.
The Contractor shall indemnify and keep board of Visakhapatnam Port
indemnified in case any proceedings are taken or commenced by any authority
against board of Visakhapatnam Port for any contravention of any of the laws,
bye laws or scheme by the Contractor. If as a result of Contractor’s failure,
negligence, omission, default or non-observance of any provisions of any laws,
the Board of Visakhapatnam Port is called upon by any authority to pay or
reimburse or required to pay or reimburse any amount, the board of
Visakhapatnam Port shall be entitled to deduct the same from any money due or
that may become due to the Contractor under this contract or any other contract
or otherwise recover from the Contractor any sum which the board of

27
Visakhapatnam Port is required or called upon to pay or reimburse on behalf of

the Contractor.
2.75 DISPUTE BETWEEN THE CONTRACTOR AND VISAKHAPATNAM
PORT AUTHORITY
The discretion of Chairperson shall be final, conclusive and binding on all parties
and the manner of exercise of such discretion shall not be called in question and
the matter cannot be referred to arbitration.
2.76.1 The decision of the Chairperson shall be final, conclusive and binding on all
parties to the contract and shall not be subjected to Arbitration upon all questions
relating to the meaning of the specifications, instructions and or any matter
arising out of or relating to the specifications and instructions concerning the
works or the execution of or failure to execute the same arising during the course
of works and in no case shall the work be stopped consequent to such dispute
arising and the work shall also be carried out by the Contractor strictly in
accordance with instructions of the Deputy Conservator.
2.76.2 The jurisdiction for all legal actions arising out of this contract shall be within the
jurisdiction of the Court at Visakhapatnam.
2.77 TERMINATION OF CONTRACT:-

The Contract can be terminated under the following cases:
i. VPA reserves the right to terminate the contract as mentioned in various
relevant Clauses of the Tender.
ii. Contractor’s failure or omission or neglect or negligence or default to
comply with or perform any of his duties, obligations under any of the
Articles/Clauses of the Agreement or Tender.
iii. In case of indiscipline of the personnel engaged by the contractor or
refusal to carry out the orders of the Deputy Conservator or his authorized
representative.
iv. The Contractor fails to provide the required personnel as per the
specifications/requirement of Visakhapatnam Port Authority
v. The Contractor fails to fulfill the statutory requirements and other
conditions as indicated in the Tender Document for this contract.
vi. The contract will be terminated by giving 3 months’ notice.
In case, the Contract is terminated for any of the above reasons, the Security
Deposit towards Performance Guarantee shall be forfeited and BG encased.
2.78 EXIT :-
In case the Contractor desires to discontinue this contract with Visakhapatnam
Port Authority, the Contractor shall give a minimum of three months’ notice to
Visakhapatnam Port Authority. During this three months’ notice period, the
Contractor has to continue the contract of in all respects. If the crew not supplied
for carrying out the works as required by the VPA, the Penalty Clause as
28
applicable in the Contract shall be enforced. In case the Contractor withdraws the
crew posted without giving three months prior notice for the intended withdrawal,
the Contractor has to pay 90 days rate quoted to the VPA as compensation. In
case the Contractor pays the compensation of three months value, then the
performance security in the form of Bank guarantee will be released within 30
days from the date of payment of compensation by the Contractor after deduction
of any dues payable by the Contractor to the VPA. If the Contractor fails to pay
the compensation, the VPA will encash the Bank guarantee and adjust the
compensation amount from the Bank Guarantee or any other amount due to the
contractor from the VPA.
2.79 FORE CLOSURE :-
2.79.1 Visakhapatnam Port Authority has the right to Foreclose the contract for
National Security, National Emergency and in general public interest or for any
other reasons, Visakhapatnam Port Authority feels deemed fit. Visakhapatnam
Port Authority will issue a written notice of not less than one week of the intended
foreclosure to the Contractor specifying therein reasonable details, the reasons
for foreclosure and expressing readiness to relieve all undertakings of the
Contractor and the Contractor withdraw the crew engaged and employ them
anywhere he intends to go. Contractor shall continue to work in the notice period
at the same Rate quoted.
2.79.2 If Visakhapatnam Port Authority does not require crew for any unseen reasons
in future, the VPA shall give one week’s notice to the Contractor. During this one
week notice period, Marine Department of Visakhapatnam Port Authority shall
use the man power of contractor and pay the same Rate quoted.
2.80 ARBITRATION:
It will be governed by ‘Rule -11- of the SAROD – PORT ‘.
• The dispute shall be decided by a sole arbitrator when the total claim of dispute
is INR 3 crores or less.
In all cases of disputes claimed for more than INR 3 crores, the parties shall
appoint three (3) Arbitrators, one (1) each appointed by the Contractor and the Port
and the 3rd presiding Arbitrator appointed by the two Arbitrators appointed by the
parties”. If one Party fails to appoint its arbitrator within 15 (fifteen) days after the
other Party has named its arbitrator or If the 2 (two) arbitrators do not succeed in
appointing a third arbitrator within 30 (thirty) days after the latter of the 2 (two)
arbitrators has been appointed, the such arbitrator will be appointed as per the
provisions of the Arbitration & Conciliation Act, 1996.
• Once appointed, the Arbitrator must make full disclosures of all the facts and
circumstances, any past or present relationship with any party to the dispute or
representative of any party that may justifiable doubts to his impartiality or
independence.
Arbitration proceedings under this Clause will be conducted in accordance with the
Arbitration and Conciliation Act, 1996 and rules made thereunder as may be

29
amended, modified, or supplemented from time to time in English language. The

seat of the arbitration proceedings will be VISHAKAPTNAM.
The arbitrators will provide a written and reasoned award. The decision of a majority
of the arbitrators (or the third arbitrator chairing the arbitration panel, if there is no
such majority) will be final and binding and will be enforceable in any court of
competent jurisdiction as decree of the court. The Parties hereby waive any
objections to or claims of immunity from such enforcement.
The work under the contract shall, however, continue during the arbitration
proceedings and no payment due or payable to the Contractor shall be withheld on
account of such proceedings.
The arbitrators shall be deemed to have entered on the reference on the dates they
issue notice to both the parties fixing the date of their first hearing. The fees, if any,
of the Arbitrators /Umpire, if required to be paid before the award in respect of
disputes is made and published, shall be paid half by each of the
parties. VISHAKAPTNAM PORT AUTHORITY shall pay his portion of the fees in
Indian Rupees only.
SCOPE OF WORK
The contract involves carrying out dry dock survey repairs, as per extensive defect list
prepared jointly by IRS Surveyor and VPA officials along with contractor with 5 years
paint scheme (applicable DFT), to bring the vessel into IRS Class under Harbour Craft
Rules, within 4 months of time (45 weather working days in dry dock and remaining in
floating condition alongside a VPA designated jetty) and make both cranes (existing 10
ton capacity) operational with supplying two new grabs. IRS charges will be borne by
VPA for initial classification. Also Round the clock Manning, operation and maintenance
of GHD SAGAR DURGA for SEVEN years.
Note: For initial dry dock repairs to bring the dredger into class, dock charges, block
preparation charges and dock hiring charges will be on VPA account, shore power
charges in initial dry docking and floating repairs to be borne by the contractor at actual
to VPA. The new loose steel plates supplied by the contractor to be blasted and one
coat of primer applied on both sides on contractor’s account. Subsequent I R S
charges and dry dock charges are to be borne by the Contractor. Scrap/waste oils etc.,
generated upon repairing the craft to be handed over to VPA at designated place in
ORS. Account. Unwated materials, mud, waste generated to be disposed by the
contractor on his own cost.

30
GHD SAGAR DURGA will be used for dredging port waters and will comply with
all lawful instructions from the Deputy Conservator of the Port or any other Officer duly
authorized by him.
A monthly quantity of 23400 Cubic Mtrs to be dredged with a maximum of 3

dumping in any 24 hour period. The quantity is arrived by Tones Dry Solid (TDS)
equipment installed by the contractor during initial dry dock.
The dumping of clean sand from the hopper is to be carried out on the
Northeastern side of the east breakwater and silt and others to be dumped in the spoil
ground. During bad/rough weather dumping may be suspended on the instructions from
the Deputy Conservator of the Port or any other Officer duly authorized by him. Any
short fall in the target due to weather would be reduced from the monthly target.
The successful tenderer has to carry out dry dock survey repairs, man (as per IR
class and HC rules as applicable), maintain and operate the GHD SAGAR DURGA as
per the directives of the VPA. He will be responsible for the vessel including the
statutory requirements for the entire period of the contract. One technical resource
person (such as Dredge master or Dredge mate or Dredger commander) with sufficient
dredging experiences must be posted on the dredger.
Responsibility of operating the GHD SAGAR DURGA including manning as per

H.C rules as applicable, routine maintenance, repairs, lubricants, victualing / provisions,
stores / consumables and all other supplies and services required to perform the
designated duties wholly rests with the contractor and the costs of the same shall have
to be taken in to account while quoting the rates.
b. Condition of GHD SAGAR DURGA: The Vessel has to be inspected and

surveyed by the Operator. The Operator shall accept the Vessel and its
equipment on “as is where is" basis and the VPA makes no representation or
warranty whatsoever. The VPA however will make available to the Operator
copies of all available certificates and documents pertaining to the said Vessel
for inspection and it will be deemed that the Operator has inspected the same
and is satisfied with the documents, class certificates etc., and the condition of
the said Vessel. The Operator shall not be entitled to make or lodge any claim
against the VPA on account of any agreement, representation or warranty, either
express or implied, with respect to the condition, seaworthiness or fitness of the
Vessels.
c. FUEL: First year actual consumed fuel will be supplied, average daily fuel
consumption will be calculated taking first year consumption and capped at
above calculated average +10%. HSD will be supplied by VPA. GHD SAGAR
DURGA should maintain the log sheets for running hours of the Engine (Main ,
Aux & cranes.) and consumption of fuel oil on daily basis. Requirement of Fuel to
be submitted to MRC well in advance (at least 5 days before.)
d. FRESH WATER for use of the crew members on board GHD SAGAR DURGA
as well as for requirements of GHD SAGAR DURGA will be provided by VPA.

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If VPA water supply is not available at any time during the currency of
the contract, the contractor shall make arrangement of drinking water.
e. LUBRICATING OIL AND CONSUMABLES (costs shall be borne by the

operator) for the Main Engines, Auxiliary Engines and all other machinery /
equipment on board the GHD SAGAR DURGA shall be procured by the
contractor for keeping the vessel in operating condition round –the-clock during
the entire contract period. Such supply made periodically by the contractor is to
be properly recorded.
f. All repair and maintenance costs shall be borne by the operator.
g. The general maintenance and upkeep of the vessel shall cover the
following aspects which shall be duly considered while submitting the
price offer. It should be clearly understood that the list indicated below is
only indicative and not exhaustive.
All exposed steel structure in the hull, decks, superstructure, bulkheads, casings,
pipelines, bilges, stairs, vent pipes, Hopper gratings etc. including the outside
hull up to the load water line of the vessel shall be required to be prepared,
surface preparation, at an interval of 6 (six) months or as may be considered
necessary and applies with one coat of primer and two coats of finish paint. They
should preferably be so timed that the same is carried out before survey of the
vessel. Such paint shall be procured from reputed manufacturers such
as Sigma, Jotun and Akzonobel. Paints to be procured directly or through their
authorized dealers. Both hopper gratings in the hoppers to be thoroughly
cleaned after every dredging operation.
Entire Engine Room, chain locker and steering room bilges are to be regularly
cleaned and it is to be ensured that there is no oil, oily sludge and solid particles
inside the bilges at any point of time. All tanks are to be regularly checked and
inspected against leak proof and all fittings such as cocks, gauge glasses etc.
are to be maintained and kept in order. Oil removed from the bilges/dirty oil from
machinery to be recorded, records should be maintained.
At any given point of time the entire accommodation, passages, decks,

alleyways, engine room, floors, etc. should be cleaned of all rubbish / garbage
etc.. All lights, fans, door locks, taps, etc. should be maintained in working
condition. Entire accommodation including galley, pantry etc. to be maintained
hygienically and periodical fumigation to be carried out by the contractor in order
to have a healthy atmosphere on board the vessel.
Necessary repair / replacement of fenders should be undertaken as and when

required for efficient and safe operation of the GHD SAGAR DURGA by the
Contractor.
The Main Engines and the DG Sets (Engine + Alternator) are to be checked at
intervals of 12 hrs. or as per manufacturers check list and to be logged down.
Periodical maintenance routines to be strictly carried out as per manufacturers’
operator manuals. The log of such maintenance to be submitted on monthly
basis along with the monthly bills for inspection/verification and payment
32
thereof. Periodical calibration of fuel pump and injectors, de-carbonization of

exhaust units and replacement of all running spares at the appropriate time to be
carried out regularly and a log book to be maintained in engine room especially
for this purpose which would be inspected by VPA representative at any time.
The heat exchangers are to be regularly checked, cleaned and de-scaled as per
requirement. Pumps, Blowers, AC System and all other equipment are to be
maintained as per Manual / OEM recommendation and to be kept free from any
leakages.
The gear boxes are to be maintained as per the manufacturers prescribed

norms and findings to be entered in the log book.
The alternator winding should be maintained dust free all the time. All the
safety parameters of the Alternator e.g., reverse Power Trip, Over Current Trip,
Low Voltage Trip etc. are to be maintained, regularly checked and condition is to
be regularly entered into the log book.
AIR COMPRESSOR & COMPRESSED AIR SYSTEM:
The Performance Test (Time taken to press up the Air Bottle by a single
compressor, 15-30 Bar) to be recorded and entered in the log book on every
Month. The Compressed Air System should be kept free from any leakages.
Stern Gear: To be regularly checked, stern glands to be attended as required

and proper cooling of stern gear system to be ensured.
Note: The machinery details above are to be checked at least twice a day and
the conditions entered into the log book kept in the engine room for scrutiny of
VPA’s representative. If at any point of time, it is observed that any one of the
above machinery is not behaving properly or if any unusual observation is made
which is not for regular routine maintenance and up keep, then the same is to be
brought to the notice of the operator's Engineer. The cause of such abnormal
behaviour is to be analyzed, recorded and action corrective measure to be
initiated by the Contractor with intimation to VPA representatives.
All Pumps in the engine room mainly the Cooling pumps, Bilge pump, GS
pump, transfer pumps and Fire pumps etc. shall be periodically checked and
maintained for ensuring proper functioning during operation.
Electrical Equipment
All electric equipment namely MSB, Panel Boards, Consoles, Electric Motors,
Galley equipment (Electrically Operated) and all other electric fittings including
domestic appliances shall be checked and maintained periodically to ensure their

33
proper functioning. Stocks should be maintained for replacement of minor

spares on board for immediate repair of these items as and when required.
Deck Machinery: All Deck machinery namely windlass, capstan, ventilation fans
etc. shall be regularly checked as preventive maintenance. Some of these items
are normally not used but periodical drill should be carried out as to check the
functioning of the same.
Steering Gear Regular check of steering gear unit shall be carried out. Change
of Hydraulic Oil, repair & maintenance of Hydraulic Valves, Rudder Angle
Indicator, Pipelines, Cleaning of Filters etc. shall be undertaken periodically to
ensure the normal operation of the vessel.
h) MAJOR AND MINOR REPAIRS For the purpose of the contract, all major and
minor repairs will be on contractor’s account till the vessel is taken back from the
contractor.
A maintenance schedule to be prepared as per OEM in consultation with VPA

officials and to be adhered strictly. The Operator is responsible for making check
list of routine maintenance schedule with respect to running hours of the
equipment. This check list will be approved by the VPA and at the end of every
month the complied check list should be submitted to the VPA along with
monthly bills of routine maintenance.
I. Statutory, Underwater repair / Dry-docking and Survey requirements: The

Operator to arrange periodical survey / dry-dock of the vessels for the purposes
of statutory requirements or for any reasons whenever required. The Operator
should inform the VPA at least six months in advance, the works to be carried
out in dry-dock or for survey. The Operator should plan for the same in
consultation with the VPA’s representative well in advance. The Operator shall
also plan complete bottom shell painting and carry out the same with the
approval of the VPA. All dry docking/repair should be undertaken within
VISAKHAPATNAM Port Limit.
J. The Operator shall be responsible for periodical surveys and obtaining the
renewal of various certificates from various competent authorities required for the
operation of the vessel under existing laws, rules and regulations of Government
of India and Classification Societies and other organization required by law /
underwriters including any amendment thereof, under advice to the
VPA.
K. Periodic servicing and pressure testing of F F A and L S A items as per rules and
regulations is to be carried out by the Operator through DG Shipping/MMD
approved parties. On board drills to be carried out as per requirement and same
to be recorded.

34
l. The Operator shall ensure that the preventive maintenance of the vessel is being
carried out as recommended by the OEM and as suggested/required by the VPA
, he has to maintain the A M Cs for all Engines and cranes. The Operator shall
be responsible for the manning, maintenance and operation of the vessel offered
to them under the agreement and to keep the vessel always in proper class and
seaworthy condition in all respect for Marine operation of VPA.
m. In view of the age of GHD SAGAR DURGA, The Contractor shall be allowed a
compensating downtime up to 4 days / month (24 hrs. x 4 days) to carry out all
repair & maintenance for upkeep of GHD SAGAR DURGA. The down time one
time a year in the beginning of the contract will be given(48 days) The contractor
can accumulate a maximum downtime up to 60 days during the currency of
contract to carry out any work /repairs
n. In case any of the works under this contract are not performed by the Operator,
like repairs, maintenance, painting, dry docking, surveys etc., then the VPA shall
carry out the same at the risk and cost of the Operator as applicable with 20%
overheads.
o. The Operator will be responsible for submission of complete detailed list of
defect at the end of each month indicating real cause of each defect and suggest
remedial action to overcome the problems / defects. The Operator shall monitor
and analyze the problems and the rectification, trouble-shooting should be
carried out by the Operator.
p. The Operator has to provide suitable transport (Jeep/Van) at his own cost round the
clock for mobilizing in time the vessel’s crew to and from the Port and/or any other
places and within port premises for smooth execution of the contract.
q. The Master and crew shall be qualified, experienced, trained & competent to operate
and maintain, supervise and assist in surveying the vessel to the entire satisfaction
of the VPA and shall possess requisite and VALID certificate of competency in
accordance with the applicable Indian laws.
r. The bidder to indicate details of a dedicated person to manage the operation, who
shall be representative of operational issues and same to be reported to Senior
Marine Engineer, VPA.
s. The Operator shall be liable for all acts of omission and or commission of the Master
and crew deployed by the Operator and also for all liabilities pertaining to their
salaries, allowances victuals, medical facilities, insurance coverage as per contract
labour laws and any other requirement pertaining to the Master and crew at the cost
of the Operator, including supply of stores, consumables etc., transport onshore /
offshore, laundry etc.
t. The Operator shall comply with and shall ensure due compliance of all Indian Laws
by the Master and the Crew as applicable.

35
u. In addition thereto monthly consumption of VPA supplied fuel and the balance on
board at the end of each month to be submitted. The Operator shall submit daily
repair progress report whenever the vessel is laid up for any repair, maintenance,
survey or dry-docking. Technical report on each machinery should be submitted by
the Operator every month. Operator to seek prior permission to take up any repair /
maintenance.
v. The Operator shall provide two sets of Marine uniform and one set of safety gear,
Personal Protective Equipment, winter wear, monsoon wear etc., to the crew of the
vessel at their cost as appropriate.
w. The Operator shall replace and/or substitute the officer / crew within one week if any
personnel found by the VPA to be unsuitable/unsatisfactory for the smooth and
efficient operation and maintenance of the vessel. The Operator shall strictly follow
the instructions/directions of the VPA in this regard.
x. The Operator shall not, without the written consent of VPA, shall transfer or assign
the agreement or any interest therein or make any arrangement whereby the
maintenance, management or operation of the said vessel shall be performed by any
other Party.
y. All the systems on the vessel will have to be kept in working condition and the deck
should be kept clean/painted at all times. The Agreement is a full and complete
demise of the vessel to the Operator, which shall at its own expense, navigate and
operate the vessel. Operator shall have exclusive control over the vessel during the
currency of the Agreement strictly for the purpose of the Agreement.
z. During any major repairs/dry docking, the supervision of the ongoing repair job will
be carried out by the Operator. The Operator has to co-ordinate with the attending
workshops so as to complete the repair jobs in minimum time.
z1. The Contractor shall have to pay the wages to the crew as per Shipping
practices and Shipping Laws or Laws of the State, as applicable. The record of
wages paid to the crew to be maintained for inspection.
z2. Contractor shall be liable for pollution damage and the cost of cleanup which has
occurred due to Contractor’s and / or the Contractor’s personnel by willful,
wanton, intentional, acts or omission or gross negligence which cause or allow
the discharge, spills or leaks of any pollutants from GHD SAGAR DURGA under
contract.
z3. INSURANCE: The VPA will cover the vessel under insurance cover, i.e. Hull and
machinery only.
Residual Liability: In case of any insurance claim under Hull & Machinery
(H & M) insurance policy of GHD SAGAR DURGA taken by VPA during period of
contract, the contractor will be duty bound to assist the port in providing all
necessary support during the survey of the damaged vessel and will also be
liable and obligated to provide necessary documents, statements and other
assistance as required by surveyors/ insurance company/the Port for
assessment of loss and to facilitate proper settlement of Claim. On settlement of
36
claim, any amount comprising of deductions from the claim amount, if any /
expenses not paid by insurance company etc, will be paid by the
Operator/contractor to VPA forthwith after the same being intimated by the Port
in writing except for any deduction under H & M Policy Excess Clause. In case
of non-payment of such amount by contractors the same will be deducted by port
from their subsequent monthly bills due to them.
For any minor or major repair / maintenance / Dry-docking of GHD SAGAR
DURGA for any reason whatsoever etc., during the period of contract, the
Operator should ensure that the said repairer has adequate Ship Repairers
Liability (SRL) Policy in place covering any loss or damage to the vessel during
the course of repair as well as during dry-docking period. Such SRL policy
should also cover post repair / dry-docking sea Trial Run/ Navigation etc. The
Operator shall provide copy of such adequate SRL Policy of the repairer to VPA
before delivering GHD SAGAR DURGA for any such repairer job / Dry-docking.
z4 During the hire period the personal on board shall be insured by Contractors at
their expenses. A workmen Compensation Liability Policy shall be taken by
contractor.
Insurance for personal injuries : The contractor shall at his own expenses
obtain and shall cause any subcontractor to obtain such insurance as may be
necessary to cover the liability of the contractor or as the case may be of such
contractor in respect of personal injuries and death arising out of or in the course
of or caused during the execution of the works and shall produce or cause any
such sub-contractor to produce for inspection the relevant policy or policies
together with receipt for the premium paid under such policy/policies as and
when required by the VPA.
z5. VISHAKAPTNAM PORT AUTHORITY will not be responsible for any damage
suffered by GHD SAGAR DURGA due failure of GHD SAGAR DURGA or errors
of GHD SAGAR DURGA Master and crew.
z6. Any damages suffered should be brought to the notice of the Deputy
Conservator immediately VPA. is not liable to pay any compensation to the firm.
z7. Any damage caused to VISHAKAPTNAM PORT AUTHORITY property by GHD

SAGAR DURGA is to be repaired immediately by the firm to the satisfaction of
the engineer, otherwise the charges will be deducted from the hire charges if
VPA. carries out the repairs.
z8. PERIODIC INSPECTION: The VPA is entitled to inspect / survey the vessel at
any time. The inspection / survey shall be conducted by the VPA’s representative
in the presence of the Operator’s representative. The comments of the VPA’s
representative shall be recorded in the Register to be maintained by the Operator
on the vessel. Such Register shall have serially numbered pages in triplicate
(one for VPA, one for Operator’s representative and the other for the vessel). If
any defect or deficiency is identified during the inspection, the same shall be
recorded in the Register and signed by both the VPA’s and the Operator’s
representatives. The Operator shall immediately thereafter rectify such
defect/deficiency.

37
DELIVERY / RE DELIVERY OF VESSELS:

The delivery / re delivery time and date of the vessels will be at 1200 hrs. after
the completion of “on/off hire surveys”. The successful tenderer shall take over
vessels and commence the contract within 30 days from the date of issue of LOA
after submission of Bank Guarantees and signing the agreement. A list of
Equipment, Machinery, furniture and store items etc. will be prepared, signed &
handed over in the presence of representative of operator & owner to the
operator by the owner. The same will be returned back to the owner during re
delivery in same condition.
The Agreement shall be valid for a period of seven years from the date the
“Vessel” is handed over for operation and maintenance to the Operator.
3. SPARES:
a) The maintenance of the vessel shall be the prime responsibility of the Operator.
The Operator shall ensure that the vessel is always in seaworthy condition to the
satisfaction of the Classification Society, the statutory authorities and VPA. For
carrying out repairs and survey of hull, machinery, electrical / electronic
equipment and facilities on the vessel as required by VPA for classification
purposes and for keeping the vessel in good ship shape and seaworthy condition
during the currency of the agreement.
b) The Operator shall procure the major spare parts as far as possible from/through
Original Equipment Manufacturers (OEM) / their authorized agents. The
necessary spares required for the smooth operation of the dredger to be kept on
board. It is to be noted that it is the prime responsibility of the Operator to keep
the vessel operational at all times and as such penalty for non-availability of the
vessel as per clause 53 will be levied on Operator for the period the vessel is out
of commission.
4 (a) STORES:
The Operator shall at his own cost fully store and provision the vessel. The Operator’s
liability shall extend to all stores including but not limited to saloon stores, galley stores,
Bosun stores, Stationery, Chemicals, Engine room stores etc., which are required to
maintain the vessel efficiently.
All the store items to be procured to be of good standard and through reputed
manufacturer / suppliers and copy of delivery challans to be forwarded to the Owner for
their information along with the monthly bills for stores. If at any time the VPA feels
insufficiency regarding quality and quantity of stores, he will inform the Operator in
writing which they have to rectify at the earliest, failing which suitable deductions shall
be made from their bills. Operator shall supply log sheets and other stationery to the
vessel after getting the approval of the Owner for the format. A complete inventory of
stores shall be maintained at all times by the Operator and a copy duly authenticated by
the Operator shall be furnished to the Owner on or before the 5th day of every month.
LIST OF STORE ITEMS TO BE SUPPLIED BY OPERATOR
Stationery Stores: All Stationery items.

38
Saloon Store: Napkin, soap, linen, mattresses, pillows, cleaning items, detergents,
blankets, mops, buckets, mugs, brooms etc.
Bosun Stores: Paints, Brush, Cotton waste, cotton rags, Gloves, brooms cleaning
material, D Shackle, wooden plank, wire brush, scrapper, chipping hammer, thinner,
lashing ropes, miscellaneous ropes, plastic pipes, pipe wrench, tools & tackles etc.
Engine room Stores: Cardobond adhesive material, molycoat, silicon sealant,

copaslip, rustoline, various types of joints, O rings, gaskets, Bearings , packing tools &
tackles, sufficient tools and instruments for engine overhauling, chain block, cotton
rags, cotton waste, grease gun, fuses, bulbs, indicating lamps, tube lights, starter,
chocks, hot Plates / heating elements, assorted nuts & bolts, assorted types of steel
plate, pipes, welding rods, welding cable, chisel, hammers, spanners, hacksaw blade, V
belts, drill bits, Allen key sets, grease gun, high pressure pipes (fuel lines), clamps,
switches, navigational bulbs, cooler cleaning liquid, battery distilled water, engine
coolants, etc.
The Operator will have to supply any other items in addition to items mentioned above
as may be required / directed by the Owner for the smooth operation and upkeep of the
vessel.
MANNING ON CRAFT : GHD SAGAR DURGA to operate on 24 x 7 hrs basis and as

such manning is required to be posted accordingly keeping in view of the operational &
Statutory requirement with regard to BHP of GHD SAGAR DURGA.
5. Period of Hire:
Contract will be for SEVEN years
6. A) TERMINATION OF CONTRACT:
The VPA reserves the right to terminate the contract
a) If the Operator fails to remedy a failure in the performance of their

obligations as mentioned in the Conditions of Contract.
b) If the Operator fails or omits or neglects or defaults, to comply with or

perform any of his duties, obligations under any of the Articles / Clauses
of the Charter Party Agreement or Tender.
c) If the Operator fails or omits or neglects or defaults, to comply with any

statutory obligations or any prevailing statute.
d) In the event the performance bank guarantee is not sufficient to

compensate the Employer after meeting other costs, then, the Contractor
will compensate the Employer of any such deficient amount within 15
(fifteen) days of the Termination. Such amount if not paid by the

39
Contractor to the Owner on Termination within time period as stated

herein, the Contractor will be liable to pay default interest at the rate of
18% (eighteen percent) per annum, from such due date until the payment
thereof.
7) EXIT CLAUSE:
a) The Contract may be foreclosed by either parties by serving six months’ notice
with no liability on either side for early termination and without assigning any
reason thereof.
b) In case of Total Loss/ Constructive total loss of GHD SAGAR DURG the
contract for GHD SAGAR DURG shall be foreclosed immediately on intimation
by the Port in writing. This will not however exonerate the Contractor from any
contractual liability/obligation of the Contractor in terms of the Contract till
closure.
8. DATE OF COMMENCEMENT:
The contract period of 7 years shall commence from the date of deployment of
manpower’s and readiness of GHD SAGAR DURGA for conducting dredging
operations.
9. a) APPOINTMENT OF MANAGER / TECHNICAL SUPERVISOR
The successful bidders must appoint Manager/ technical supervisor in

VISHAKHAPATNAM through whom the Authority can deal. Address of the
Manager may please be furnished in the bid document.
b) SUPPLY OF FUEL & ELECRICITY
HSD fuel, Fresh Water and Shore power shall be on VPA account Contractor
should maintain the log sheets for consumption of fuel on daily
basis. Expenses towards all other required stores and consumables shall be
borne by contractor. Requirement of Fuel to be submitted to MRC well in
advance (at least 5 days before.)
c) DISCLAIMER:
The Bidders are encouraged to submit their respective Bids after at their own
cost and ascertaining for themselves the applicable laws, applicable permits and
regulations, and any other matter considered relevant by them.It will be deemed
that by submitting a Bid, the Bidder has:
(i) made a complete and careful examination of the tender documents;

40
(ii) received all relevant information requested from VISAKHAPATNAM

PORT AUTHORITY;
(iii) acknowledged and accepted the risk of inadequacy, error or mistake in

the information provided in the tender documents or furnished by or on
behalf of VISAKHAPATNAM PORT AUTHORITY relating to any of the
matters referred to in the tender document;
(iv) satisfied itself about all matters, things and information with the tender
documents and performance of all of its obligations thereunder;
(v) acknowledged and agreed that inadequacy, lack of completeness or

incorrectness
(vi) agreed to be bound by the undertakings provided by it under and in

terms hereof.
VISAKHAPATNAM PORT AUTHORITY will not be liable for any omission, mistake or
error on the part of the Bidder in respect of any matter or thing arising out of or
concerning or relating to the tender documents or the bidding process.

41
DEFINITIONS AND INTERPOLATIONS:
In the contract (as hereinafter) defined the following words and expressions shall the
meaning hereby assigned to them except where the context otherwise requires.
(a) “Owner” means Board of VISAKHAPATNAM PORT AUTHORITY, a body

corporate under the Major Port AUTHORITY Act,2021 acting through its
Chairperson, Dy. Chairperson or Deputy Conservator or any other Officers so
nominated by the Deputy Conservator.
b) “Contractor” means the person or persons, firms, corporation or company whose

tender has been accepted by the Owner and includes the Contractor’s servants,
agents and workmen, personal representatives, successors and permitted
assigns.
(b) “Contract” means and includes Tender document, which includes Instruction to
Tenderer, Conditions of Contract, Agreement, Letter of Acceptance, Bank
Guarantee in respect of satisfactory performance of contract etc. any
addendum/corrigendum thereto, the bid submitted by the successful bidder along
with tender document and the Letter of Acceptance.
(c) Contractor” means the person or persons, firms, corporation, joint ventures or
company whose tender has been accepted by the Owner and includes the
Contractor’s servants, agents and workmen, personal representatives,
successors and permitted assigns.
(d) (c) “Contract” means and includes Tender document, which includes Instruction
to Tenderers, Conditions of Contract, Agreement, Letter of Acceptance, Bank
Guarantee in respect of satisfactory performance of contract etc. any
addendum/corrigendum thereto, the bid submitted by the successful bidder along
with tender document and the Letter of Acceptance.
d) “Contract Price” means the sum named in the letter of acceptance subject to
such additions thereto or deductions there from as may be made under the
provisions hereinafter contained.
e) “Approved/Approval” means the approval in writing.
(f) ”Environmental Standards” “Environmental Standards” means Applicable

Law, Technical Specifications, codes, rules and regulations relating to:
(1) labour and working conditions;

(2) pollution, contamination, clean-up, protection and reclamation of the
environment;
(3) health or safety, including, without limitation, the exposure of employees or
other persons to any Hazardous Materials;
(4) the release or threatened release of any Hazardous Materials;
(5) management of traffic, security, events linked to life and fire safety,
42
emergency response etc.;

10. the management of any Hazardous Materials, including, without limitation, the
manufacture, generation, formulation, processing, labelling, distribution,
introduction into commerce, registration, use, treatment, handling, storage,
disposal of materials, the discharge of chemicals, gases or other substances or
materials into the environment, the presence of such materials, chemicals, gases
or other substances, transportation, reuse, recycling or reclamation of any
Hazardous Materials; and
11. any Applicable Permit with respect to the foregoing.

(g) “Hazardous Materials” means:
i. any ship classified as hazardous by International Maritime Organization;

ii. any element, compound, substance, preparation, chemical, physio-chemical
properties or biological derivative, radiation, noise, vibration, material or
combination thereof which by reason of its composition or characteristics is
defined in Applicable Law as a hazardous material; or
iii. any other material which any Government instrumentality determines from time
to time to be harmful, toxic, or dangerous, or otherwise ineligible for handling,
storage or disposal by unregulated means or is liable to cause harm to human
beings, other living creatures, plant, micro-organism, property or the
environment.
12. LOCAL LAWS:
a. The contractor shall comply with H.C rules and other legislation related to
operation of a
GHD SAGAR DURGA in Port of VISHAKHAPATNAM.
b. The contract shall be interpreted and have effect in accordance with the Law of
India and no suit or other proceeding relating to this contract shall be filed or
taken up by the Contractor in any Court of Law except in VISHAKHAPATNAM.
13. INDEMNITY:
The contractor will indemnify, defend and hold harmless VPA and VPA’s
personnel, their respective officers, employees, agents, sub-contractors,
suppliers, affiliates and other representatives from and against any and all
claims, liability, action, demand, judgment, loss, damage, costs and expenses
(including legal fees) in respect of or arising out of:
i.all and any claims or other lawsuits or proceedings, that may arise on account of
breach of any of the labour and other related applicable law and/or that may
arise of breach of any covenants of the contract including those arising out of
any accident that may occur during or in relation to the services to be provided
by the contractor under the contract, as may be proceeded against VPA, for any
43
reason whatsoever and assume full responsibility for whatsoever including the
payment of indemnification, penalties, attorneys’ fees, legal cost and other
charges, if any
ii. damages and losses caused by its negligent or intentional act or omission or any
damages and losses caused by the negligent act of the Contractor’s Staff or any
third party or agency/master and crew engaged by the Contractor;
iii. failure on the part of the contractor and or non-compliance to perform any of its
obligations under the contract;
iv. any environmental damages cause by it and/or its representatives or employees
or employees of any third party or agency engaged by the contractor;
v. the contractor will be liable for and will indemnify and hold VPA harmless from
and against any and all claims, liability, action, demand, judgment, loss, damage,
costs and expenses (including reasonable legal fees) brought by a third party,
including any of the contractor’s staff, for loss or damage to property or personal
injury or death caused by, resulting from, or incidental to the contractor’s
performance under the contract;
vi. in the event of hazardous materials being released or any non- compliance of Air
(Pollution & Control) Act 1981 and Hazardous and other waste (Management &
Handling), Rules 2016 thereto (including but not limited to air, ground or water
contamination) as a result of the contractor’s actions, inactions, breach of
default, then, the contractor with forthwith at its own expense, take all such steps
as may be necessary to remove the hazardous materials and fully restore and
reinstate the contaminated area and items. This clause will survive the
termination of contract.
Any and all claims, actions, suits, proceedings, taxes, duties, levies, costs,
expenses, damages and liabilities, including attorneys’ fees, arising out
of, connected with, or resulting from or arising in relation to this Contract due to
neglect, omission or intentional act of the Contractor. bodily injury, sickness,
disease or death, of any person whatsoever arising out of or in the course of or
by reason of the performance or non-performance of its services or obligation
under this Contract, unless attributable to any negligence, willful act or breach of
this Contract by the Owner.

44
COMMERCIAL CONDITIONS
14. SECRUITY DEPOSIT
The successful Tenderer should deposit 10% of the total contract value
towards Security Deposit in the form of unconditional and irrevocable Bank
Guarantee from a Nationalized / Scheduled Bank enforceable/encashable at
Visakhapatnam valid for a period of 84 months prior to signing the agreement
i.e. within 15 days from the date of issue of LOI.
Bank Guarantee obtained from the Nationalised / Scheduled banks in

the format prescribed by the port shall be in compliance with for a digital
confirmation for the Bank Guarantee. Hereafter verification of genuineness of
Bank Guarantee from the issuing bank shall be through SFMS for inland BG’s
and swift Mode for outside India bank guarantees issued.
 The Port Bank details:

a. Beneficiary Bank :ICICI Bank
b. Account no. :6005008974
c. IFSC :ICIC0000060
d. unique code :VPT521470257
 The unique code is “VPT521470257” is to be entered by the issuer bank in

the Field of 7037 of IFIN 760COV or IFIN767COV in their portal. In turn, the
issuer Bank will transmit the Bank Guarantee via SFMS to the beneficiary
bank of the port digitally.
 Any BG received by the Port/submitted by the bidder without complying to

the above, such BG will be considered as not valid and shall not be
considered for bid valuation.
15. OTHERS :
A. Owner shall have the right to be repaired if Contractor is not carried out on time.
The charges for such repair shall be borne by the Contractor. All time taken in
respect of repairs shall not count as down time and penalty imposed.
B. The Master to execute owner’s instructions with the utmost dispatch and to
render customary assistance with GHD SAGAR DURGA’s crew. The Master to
45
be under the order of the owner as regards employment, agency or other

arrangements.
C. The contractors to indemnify the owner against all consequences or liabilities
arising from the Master, Officers or Agents for their unlawful actions as well as
from any irregularity.
D. If the Owner has reasons to be dissatisfied with the conduct or efficiency of the
Master, Officer or Crew the Contractor on receiving particulars of the complaint,
promptly investigate the matter and if necessary make a change in
appointment. However, the Owner shall have the right to demand the changes
of any Master or other crew which demand shall not be unreasonable.
E. The Owner or its representative will give the Master all instructions in English
and the Master and Engineer to keep full and correct logs in English, accessible
to the Owner.
F. Contractor shall be liable for pollution damage and the cost of cleanup which has
wanton, international, acts or omission or gross negligence which cause or allow
the discharge, spills or leaks of any pollutants from GHD SAGAR DURGA under
contract
16 PAYMENT / INCOME TAX :
The Contractor should opt for ECS/RTGS/NEFT payment, if the tenderer is
located in VISHAKAPTNAM. The Tenderer located outside VISHAKAPTNAM and
anywhere in India may opt for payment through National Electronic Clearing System
(NECS) provided that the concerned branch of bank is core banking enabled and MICR
code starts with number other than zero.
Payment shall be made at the end of each calendar month after a certificate of
satisfactory service has been obtained from the Deputy Conservator. Contractor shall
submit abstract of daily deck and engine log books of GHD SAGAR DURGA. For this
purpose, the contractor shall maintain daily deck and engine log books, the format of
which should be submitted for approval of the Owner prior to the commencement of
contract. The bill shall be submitted in duplicate along with the said certificate & a
separate mention of the GST amount included in each bill by the contractor.
Payment shall be made within 30 working days from the date of submission of
bill clear in all respect. The tenderer shall take into consideration the prevailing rates of
taxes and duties as applicable. The tenderer shall indicate the amount of GST / other
applicable taxes and duties included in the quoted amount by them separately.
The Contractor shall have to pay the wages to the crew as per Shipping
practices and Shipping Laws or Laws of the State, as applicable. The record of wages
paid to the crew to be maintained for inspection.

46
The Contractor shall carry out the works in accordance with the contract to the
satisfaction of the Deputy Conservator and shall comply with and adhere strictly to his
instructions and direction on any matter, whether mentioned in the contract or not.
INSPECTION:
Owner shall have the right to require GHD SAGAR DURGA to be repaired if Contractor
is not carried out on time. The charges for such repair shall be borne by the Contractor.
All time taken in respect of repairs shall not count as down time and penalty imposed.
(a) The Master to execute owner’s instructions with the utmost dispatch and to
render customary assistance with GHD SAGAR DURGA’s crew. The Master to
be under the order of the owner as regards employment, agency or other
arrangements. The contractors to indemnify the owner against all consequences
or liabilities arising from the Master, Officers or Agents for their unlawful actions
as well as from any irregularity in the mooring launch’s papers.
(b) If the Owner has reasons to be dissatisfied with the conduct or efficiency of the
Master, Officer or Crew the Contractor on receiving particulars of the complaint,
promptly investigate the matter and if necessary make a change in
appointment. However, the Owner shall have the right to demand the changes
of any Master or other crew which demand shall not be unreasonable.
c) . The Owner or its representative will give the Master all instructions in English and
the Master and Engineer to keep full and correct logs in English, accessible to
the Owner.
DECLARATION:
I/We certify that the details as furnished by me/us have been verified and found
correct. We have not made misrepresentation with the view to get the contract in our
favour. If any information is found to be not correct, the contract awarded to us shall be
liable for cancellation by Visakhapatnam Port Authority and we shall be liable to pay the
Visakhapatnam Port Authority such damages as Visakhapatnam Port Authority may be
put to, due to termination of the contract.
I/We, hereby offer price details in Price Bid only. If price found anywhere in
Techno-Commercial Bid, the offer is liable for rejection.
The Earnest Money (EMD) has been paid in online through e-tenders portal of
Rs. /- by me/us vide UTR No. . . . . . …………. dated....

47
and it is agreed that the said amount so deposited is interest free and refundable to
me/us after finalization of this Tender.
Station: Signature:
Date : Seal with Date:

48
20. PENALTY:
A. If the GHD Sagar Durga is inoperative due to the fault of contractor and unable
to carryout dredging as per the scope of wok a penalty daily cost of prorate for
23400 per month would be deducted .
B. If the craft is not manned as per the requirement 2% of daily cost would be
deducted.
C. If the craft is not operational be beyond annual downtime in a year 90% of daily
cost would be deducted.
D. In case any of the works under this contract are not performed by the Operator,
like repairs, maintenance, painting, dry docking, surveys etc., then the VPA shall
carry out the same at the risk and cost of the Operator as applicable with 20%
overheads
E. If the Dry-docking is not completed within 30 days due to the fault of the operator
90% of daily cost would be deducted.
21. Dry docking
If GHD Sagar Durga is required to be dry docked as required by Class, or for any
other reason whatsoever, the Contractor will be permitted to dry dock GHD
Sagar Durga to maintain her Class with the prior approval of Deputy
Conservator. Period of docking should not beyond 30 days.
In case GHD Sagar Durga is not available for operation after 30 days,. Penalty
will be levied as per clause 20
22. DOWNTIME:
A. In view of the aging of GHD SAGAR DURGA, The Contractor shall be

allowed a compensable downtime upto 4 days / month (24 hrs. x 4 days)
to carry out all repair & maintenance for upkeep of GHD SAGAR DURGA.
B. A credit of (48) days will be given once only, at the commencement of
contract. However, the contractor must take prior permission of the
Deputy Conservator, VPA, before laying up GHD SAGAR DURGA to
carry out any maintenances work (i.e. work/repairs includes dry
docking/hull inspection and survey).
C. The contractor can accumulate a maximum downtime up to 60 days
during the currency of contract to carry out any work /repairs.
D. Downtime balance at the end of the year can be carried forward to the
next year.

49
23. Contractor shall be liable for pollution damage and the cost of cleanup which has
wanton, international, acts or omission or gross negligence which cause or allow
the discharge, spills or leaks of any pollutants from Harbour tug under contract.
24. FORCE MAJEURE
In the event of either party being rendered unable by force majeure to perform
any obligation required to be performed by them under the Contract, the relative
obligation of the party affected by such force majeure, shall upon notification to
the other party be suspended for the period during which force majeure event
lasts. The cost and loss sustained by either party shall be borne by respective
parties.
The term ‘Force Majeure’ as employed shall mean acts of God, war, revolt, riot,
fire (not caused by negligence of the Contractor’s employees), sabotage, strike
and cyclone. Time of performance, for the specific activities affected by such
‘Force Majeure’ directly shall be extended suitably. Provided always that upon
occurrence of such cause and upon its’ termination, the party alleging that it has
been rendered unable, as aforesaid, to perform his duty as per CONTRACT,
shall notify the other party in writing immediately but not later than 48 (forty-eight)
hours of the alleged beginning and ending thereof, giving full particulars thereof
and satisfactory evidence in support of his claim. Failure to do so may make the
party liable to being denied of the shelter of the ‘Force Majeure’ clause.
25. STAFF OF THE CONTRACTOR AND COMPLIANCE WITH LABOUR LAWS:
a) All personnel deployed by the Contractor will be qualified to perform and will be
appropriately experienced (or be efficiently trained) in the duties that are
assigned to them.
b) All personnel, employees, labour (skilled, semi-skilled and unskilled), officers,

licensees, invitees, agents and representatives including master and crew for the
launches engaged in the performance of the Contractor’s obligations under the
Contract and who are the personnel acting for or on behalf of the Contractor will
be the employees of the Contractor (“Contractor’s Staff”). The working hours,
rates of remuneration, and all other matters relating to their employment and
engagement, subject to requirement of Applicable Laws, will be determined
solely by the Contractor, and the Contractor will be solely responsible for all the
acts and omissions of the Contractor’s Staff in the course of providing the
services, including non-fulfilment of obligations, negligence, Willful Misconduct
and violation of the terms and conditions of the Contract and subject to tender
conditions.
c) The Contractor will be solely responsible with respect to the employment/

engagement policies regulating the Contractor Staff. The Contractor will be
50
responsible for paying the salaries and all benefits of the Contractor’s Staff.
There will be no liability on the Owner for the costs of employment during and
beyond the term of the Contract. The Contractor will indemnify the Owner and
hold the Owner harmless, for all costs and consequences in respect of any claim
that may be made against the Owner in this regard.
d) The Contractor will establish procedures designed to ensure that all the
Contractor’s Staff comply with the safety requirements.
Compliance of Labour Laws
e) This Contract does not and will not be construed to create any employer-
employee or principal-agent relationship between the Owner and the Contractor /
Contractor’s Staff.
f) The Contractor, inter-alia, agrees that the services will be rendered in strict
compliance with the provisions of all the Applicable Laws and the Applicable
Permits. The Contractor will make statutory payments/ remittances, applicable
deductions as are required to be made under labour related and Applicable
Laws.
g) The Owner reserves the right to recover from the Contractor any amounts
towards discharge of any claim or statutory obligations arising out of the breach
of any Applicable Laws including the labour laws by the Contractor, without
prejudice to any of its rights and other remedies herein stated or available under
other Applicable Laws.
h) The contract labour, if any, engaged by the Contractor, will be at its own risk and
cost. The contract labour employed to perform the services will be paid by the
Contractor, the wages in conformity with the applicable wages notified by the
respective Government.
Instrumentality from time to time. The Contractor will be solely responsible for
payment of all wages, salaries and any expenses of the personnel employed
including, without limitation, all amounts payable towards employee’s insurance,
provident fund, pension, or employment compensation, or any other payment to
be made under the Applicable Law, and/ or otherwise to the professionals,
technicians or workmen employed and/ or contracted in relation to the provision
of services under this Contract. The Contractor will ensure that the labour and
working conditions of contract labour meets the requirements as required under
the Environmental Standards.
i) The Contractor will, in a timely manner, obtain and/ or maintain the licenses,
registrations, employment records, registers, certificates and other records and
file returns as are required under Applicable Laws and furnish proof of the same
to the Owner on demand. The Contractor will obtain requisite registrations,
statutory permissions, licenses, Applicable Permits from concerned authorities
and furnish proof of the same to the Owner on demand. The Contractor will have
the absolute control and/ or supervision on its employees/ staff/ contract labour.
The Owner will not be liable for any dispute, which may arise between the
51
Contractor and the Contractor’s Staff. The Contractor will itself regulate the
engagement of its workers and their working conditions, providing statutory
benefits, uniform, food in accordance with Applicable Law.
j) The Contractor will be solely responsible for:

1) all acts and/ or omissions by the workmen, technicians, labour,
contractors and other personnel engaged in the performance of the
services under the Contract;
2) health, safety and security of the workmen, technicians, labour,
contractors and other personnel engaged in the performance of the
services; and
3) ensuring the compliance with all Applicable Laws.
k) The Contractor will maintain proper books of accounts, registers, records, bills,
invoices, receipts, vouchers etc. in respect of the compliance of labour related
Applicable Laws and will regularly cause proper entries to be made therein and
of all other particulars and matters necessary thereto and furnish a certification of
compliance thereof to the Owner. The Contractor will make available such
information and documents as may be required by the authorised
representatives of the Owner for verification.
Safety Regulations
l) The Contractor will comply with the provisions of this Contract, Applicable Laws
and Applicable Permits for securing the safety of the materials, equipment, users
and other persons.
m) The Contractor will ensure safe and healthy living and working conditions for
labourers/ workers including labourers/ workers engaged through contract labour
suppliers. The Contractor will be solely responsible for all acts and/or omissions
by the Contractor’s Staff engaged for the performance of the services.
n) No part of the services under the Contract will be carried out by any person on
behalf of the Contractor under the Contract who does not have valid Applicable
Permits. No work, which may cause fire hazards will be carried out in the
prescribed areas unless Applicable Permits for the same are obtained and
necessary precautions are taken to avoid any risk of fire hazards.
o) The Contractor will take necessary measures to protect all persons from
accidents and occupational diseases. In the event of any accident or dangerous
occurrence or any damage, occurring on account of any reason whatsoever, the
Contractor will immediately send a notice of the same to the Owner.
p The Contractor will promptly, in case of the occurrence of any Emergency Event,
mobilize all resources to the said emergency and will co-ordinate with the Owner
in this regard.
Emergency Events

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q) The Contractor will develop and implement, in line with Environmental

Standards, an emergency preparedness and response plan to deal with
emergency scenarios while clearly defining roles and responsibilities in case of
any Emergency Event. Upon the occurrence of an Emergency Event, the
Contractor will forthwith notify the Owner of the same and the actions taken.
Following such notification, the Parties will discuss without delay, the further
actions which should be taken to mitigate the effects of the Emergency Event.
r) If the Owner considers that any Emergency Event has occurred, the Owner may
give notice (which may be oral notice with subsequent written notice) to the
Contractor specifying the nature of the Emergency Event, which it has identified
and the manner in which it requests such Emergency Event to be rectified. The
Contractor will take all actions to mitigate the effects of such Emergency Event
with due diligence. If the Contractor fails to comply with such notice promptly, the
Owner will be entitled to procure by itself or through any third party, such actions,
as may be necessary, to remedy such breach by the Contractor.
The Contractor will, at its own cost, make the necessary arrangements for
meeting exigencies of the Emergency Events, as per the instructions of the
Owner.
NOTE – Before commencement of contract, the successful contractor has

to make a Standard Operating Procedure (SOP) For the operation,
maintenance, submission of bill, reporting of accidents, scheduling
of measure maintenance, procedure for procurement of spares
major & minor, supply of Fuel and CONSUMABLES, STORES,
operation of GHD SAGAR DURGA during fouled weather.

53
LETTER OF APPLICATION
To, Date:
The Dy. Conservator

VISHAKAPTNAM Port AUTHORITY
VISHAKAPTNAM – 530035.
Sir,
Tender No. IMAR/DCO/D/2/2024
Title: TENDER FOR MANNING, OPERATION, MAINTENANCE AND

COMPLETE TECHNICAL MANAGEMENT OF VPA OWNED 1 NO. GHD
SAGAR DURGA FOR SEVEN YEARS
1. Being duly authorized and represent and act on behalf of

M/s.____________________________________________________________
hereinafter the `Tenderer’ and having fully understood Instructions to Tenderer,
General Conditions of Contract etc. as given in the Tendering Documents and
after visiting the Site, the undersigned hereby submits the Quotation / Tender
Offer.
2. VPA and its representatives are hereby authorized to conduct any enquiry or
investigations to verify the statements, documents & information submitted in
connection with this Tender and to seek clarifications from our bankers & Clients
regarding any financial, commercial & technical aspects. This letter of application
will also serve as authorization to any individual or representatives of any
institution referred to in the supporting information, to provide such information
deemed necessary and requested by yourself to verify statements and information
provided in this Tender, or with regard to the resources, experience, and
competence of the Tenderer.
3. This application is made in the full understanding that:

A. Tenders received from Tenderers will be subject to verification of all submitted
information.
B. VPA reserves the right to reject or accept any Tender in full OR in part OR to
cancel the tender enquiry and to reject all tenders without assigning any
reason/s.
C. VPA will not be liable for any such actions and will be under no obligation to
inform the Tenderer of the grounds therefor.

54
iv. If our Tender is accepted, we confirm to commence work as stipulated in this

Tender.
v. If our Tender is accepted, we will furnish the Performance Guarantee and
Additional Security Deposit (if applicable) in the form and manner prescribed in
the tender document for the due Performance of the Contract.
vi. We agree to abide by this Tender for the period as mentioned at Sr. No. 5 (iv) of
NIT from the date fixed for receiving the same and it shall remain binding upon
us and may be extended at any time, if requested by VPA, before the expiry of
the validity period as given in this Tender.
4. The undersigned declare that the statements made & the information
provided in the duly filled Forms are complete, true & correct in every
details.
Signed: [insert signature of person]
In the capacity of [insert legal capacity of person signing this application]
Name: [insert complete name of person signing this application]
Duly authorized to sign the Tender for and on behalf of: [insert complete name of
Tenderer]
Dated on ____________ day of __________________, _______ [insert date of signing]

55
PRE-QUALIFICATION INFORMATION OF TENDERERS
TENDER NO. IMAR/DCO/D/2/2024
Title: TENDER FOR MANNING, OPERATION, MAINTENANCE AND COMPLETE

TECHNICAL MANAGEMENT OF VPA OWNED 1 NO. GHD SAGAR DURGA FOR
SEVEN YEARS
Tenderers including each partner of Joint Venture, if any, shall provide the
following information to demonstrate that they meet the qualifying requirements for
short-listing. Each tenderer or partner of a Joint Venture must fill the information in
this format only. If required, the tenderer may use separate sheet to provide complete
information.
Annual Turnover of the Firm / Joint Venture for the last 3 years ending on
31.03.2024
Financial Year Annual Turnover in Rs.
2021-22
2022-23
2023-24
Audited Annual Reports / Profit and Loss Accounts or a turnover statement duly
certified by the Chartered Accountant for the preceding three years in this regard
shall be submitted by the tenderer along with the Techno-commercial offer. In
case of the last financial year, if the Annual Reports / Profit and Loss Accounts or
a turnover statement are not audited then the provisional certificate only for the
last financial year will be acceptable.
The supporting documents submitted shall be duly notarized.
2. The particulars of the successfully completed similar works during last 7 years
ending last day of month previous to the one in which applications are invited:
Sr. Order Brief Description Contract Month & Year of the Name & Client’s
No. No. & of similar works Value works detailed satisfactory
date carried out addresses completion
Commenced Completed Telephone certificate
on on No. of
clients No. Dated
1 2 3 4 5 6 7 8 9

56
Copies of work orders/Agreement and copies of client’s satisfactory completion

certificates shall be submitted with the Techno-Commercial Proposal.
The supporting documents submitted shall be duly notarized.
3. The details of Statutory Licenses/Permits held by the tenderer
.
4. The litigation history in which the Tenderer is involved:
Sl. With other With the Cause of Amount Remarks

No. party(ies) Port(s) in dispute showing
India present
Status.
In the capacity of [insert legal capacity of person signing]
Name: [insert complete name of person signing]
Tenderer]

57
ECS / RTGS / NEFT TRANSACTION PARTICULARS
TENDER FOR MANNING, OPERATION, MAINTENANCE AND COMPLETE

TECHNICAL MANAGEMENT OF VPA OWNED 1 NO. GHD SAGAR DURGA FOR
SEVEN YEARS
i) Bank Account No. :

ii) Type of Account (SB, CA, …..) :
iii) Name of Bank :
iv) Branch Address :
v) Branch Code :
vi) MICR Code :
vii) RTGS / IFSC Code :
Tenderer]

58
ANNEXURE-I
TENDER NO.: IMAR/DCO/D/2/2024

TECHNICAL MANAGEMENT OF VPA OWNED GHD SAGAR DURGA FOR SEVEN
YEARS
PROFORMA OF BANK GUARANTEE

In consideration of the Board of AUTHORITYEES of Port of VISHAKAPTNAM
incorporated by the MAJOR PORT AUTHORITYs Act, 2021 (hereinafter called “The
Board” which expression shall unless excluded by or repugnant to the context or
meaning thereof be deemed to include the said Board of authorityees of the Port of
VISHAKAPTNAM, its successor and assigns) having agreed to exempt (mention the
name of the Contractor/s)_______________________________________ (hereinafter
called the “Contractor”) from the demand under the terms and conditions of the
Contract, vide ________________’s letter No. (mention the name of the Department)
___________________________ dated ___________ made between the Contractors
and the Board for execution of “Tender for MANNING, OPERATION, MAINTENANCE
AND COMPLETE TECHNICAL MANAGEMENT OF VPA OWNED Dredger GHD
Sagar Durga FOR SEVEN YEARSAM PORT AUTHORITY” covered under Tender No.
DC/ (hereinafter called “the said Contract”) for the payment of Security Deposit in the
form of DD or lodgement of Government Promissory Loan Notes for the due fulfilment
by the said Contractor of the terms and conditions of the Contract, on production of a
Bank Guarantee for Rs. __________ (In words Rupees ________________________
________________________________________only. We, the (Name of the Bank and
address) _____________________________________________________________
_____________________________________________________________________
(hereinafter referred to as “the Bank”) at the request of the Contractors do hereby
undertake to pay to the Board an amount not exceeding Rs. _____________ (Rupees
___________________________________________________ ) only, against any loss
or damage caused to or suffered or which would be caused to or suffered by the Board
by reason of any breach by the Contractors of any of the terms and conditions of the
said Contract.
(BANK SEAL)

59
2. We, (Name of the Bank & Branch) ____________________________________

do hereby undertake to pay the amounts due and payable under this guarantee without
any demure merely on a demand from the Board stating that the amount claimed is due
by way of loss or damage caused to or which would be caused to or suffered by the
Board by reason of any breach by the Contractors of any of the terms and condition of
the said Contract or by reason of any breach by the Contractors of any of the terms and
conditions of the said Contract or by reason of the Contractor’s failure to perform the
said Contract. Any such demand made on the Bank shall be conclusive as regards the
amount due and payable by the Bank under this Guarantee. However, our liability under
this Guarantee shall be restricted to any amount not exceeding Rs. _______________
(Rupees ____________________________________________________________)
_______________________________________ , undertake to pay to the Board any
money so demanded notwithstanding any dispute or disputes raised by the
Contractor(S) in any suit or proceeding pending before any court or Tribunal relating
thereto, out liability under this present being absolute and unequivocal. The payment so
made by us under this bond shall be a valid discharge of our liability for payment there
under and the Contractor(s) shall have no claim against us for making such payment.
______________ further agrees with the Board that the guarantee herein contained
shall remain in full force and effect during the period that would be taken for the
performance of the said Contract and that it shall continue to be enforceable till all the
dues of the Board under or by virtue of the said Contract have been fully paid and its
claim satisfied or discharged or till the (Name of the User Department) _____________
_______________ of said Board certifies that the terms and conditions of the Contract
have been fully and properly carried out by the said Contractor(s) and accordingly
discharge this guarantee. PROVIDED HOWEVER that the Bank shall at the request of
the Board but at the cost of the Contractor(s), renew or extend this guarantee for such
further period or periods as the Board may require from time to time.
(BANK SEAL)

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5. We (Name of the Bank & Branch ) ____________________________________

_____________ further agree with the Board that the Board shall have the full liberty
without our consent and without affecting it any manner our obligations hereunder to
vary any of the terms and conditions of the said Contract or to extend the time of
performance by the said Contract or to extend the time of performance by the said
Contractors from time to time or to postpone for any time or from time to time any of the
powers exercisable by the Board against the said Contractor(s) and to forebear or
enforce any of the terms and conditions relating to the said Contract and we shall not
be relived form out liability by reason of any such variations or extension being granted
to the Contractor(s) or for any forbearance, act or omission on the part of the Board or
any indulgence shown by the Board to the Contractor(s) or by any such matter or thing
whatsoever which under the law relating to sureties would, but for this provision, have
effect of so relieving us.
6. This guarantee will not be discharged due to the change in the constitution of
the Bank or the contractor(s).
7. It is also hereby agreed that the Courts in Greater VISHAKAPTNAM would have
exclusive jurisdiction in respect of claims if any, under this guarantee.
8. We, _____________________________ Bank lastly undertake not to revoke
this guarantee during its currency except with the previous consent of the Board in
writing.
9. “Notwithstanding anything contained herein:
(a) our liability under this Bank Guarantee shall not exceed Rs. ________________
(Rupees __________________________________________________ only );
(b) this Bank Guarantee shall be valid upto _____________ ; and
(c) We are liable to pay the guarantee amount or any part thereof under this Bank
Guarantee only and only if you serve upon us written claim or demand on or
before _________________ (date of expiry of Guarantee)
Dated ______________ day of ____________2021.
For (Name of the Bank

(BANK SEAL) Name & Signature
Note: Only basic format for PBG have been annexed to the tender document

61
ANNEXURE - II

TECHNICAL MANAGEMENT OF VPA OWNED DREDGER GHD SAGAR DURGA
FOR SEVEN YEARS .
PROFORMA OF CONTRACT AGREEMENT

(to be on stamp paper of Rs. 500/-)
THIS AGREEMENT made at VISHAKAPTNAM the _____________ day of

____________ between THE BOARD OF AUTHORITYEES OF THE PORT OF
VISHAKAPTNAM incorporated by Major Port AUTHORITYs Act,201 (hereinafter called
“The Board” which expression shall unless excluded by or repugnant to the context or
meaning thereof be deemed to include the Board of AUTHORITYees of the Port of
VISHAKAPTNAM its successor and assigns) of the one part
and_________________________________________________________________
all of VISHAKAPTNAM carrying on business in partnership in the firm name and style of
_______________________________________________ having registered with
Income Tax Department of Government of India No. ___________________ and
having their/ his office at _________________________________________ a
company registered under the Indian Companies Act, 1956 and having registered office
at _______________________ (hereinafter called the “Contractors” which expression
shall unless excluded by or repugnant to the context or meaning thereof be deemed to
include the persons names his survivors of them, the heirs executors, legal
representatives and administrators and administrators of such last survivor and their/his
or her and permitted assigns/then company named its successors and permitted
assigns) of the OTHER PART.
WHEREAS the Board invites tenders for the work of _________________ AND
WHERSAS the Contractors submitted his/their/its quotations by his/their/its TENDER
NO. DC/ subject to the terms and conditions as contained in his/their/its letter referred
to in the Schedule ‘A’ hereto respectively and which tender
subject to the terms and conditions was accepted by the Board by the letter of
its __________________________________(Designation of the HOD)
_______________________ bearing No. _________________ dated __________ in
respect of __________________________________________ only (part of the
62
Schedule of Quantities and Rates to the said Tender) * AND WHEREAS the
Contractors have/has deposited with the Board a sum of Rs.__________
(Rupees______ ______________________________________ ) only as security for
the due performance of this contract * AND WHEREAS Contractors
__________________________________________ (Here please mention the name of
Bank and Branch) VISHAKAPTNAM, has given Bank Guarantee for Rs. ____________
(Rupees _______________________________) only towards further security for the
due performance of this contract by the Contractors.
NOW THIS AGREEMENT WITNESS AS FOLLOWS:

1. In this agreement the words and expression shall have the same meaning as
are respectively assigned to them in the conditions of contract hereinafter
referred to.
2. The following documents shall be deemed to form and be read and construed as
part of this Agreement, viz.
a. The said tender containing Section –I, Section –II and Section -III
b. Instructions to the Bidders including corrigendum & addendum to tender.
c. The Schedule of Rates (Annexure-VII)
d. The Contractor’s letters / correspondence and VPA’s replies / correspondence

thereon, referred to in the Schedule ‘A’ hereto, and
e) The acceptance of the Tender by the said letter No.______________
dated _______ day of _____________ 2021, (mention the Designation of
HOD)___________________________ of the Board to the Contractors.
* Please strike out which is not required
3. In consideration of the payment to be made by the Board to the Contractors as

herein after mentioned the Contractors DO and each of them DOTH severally
and jointly HEREBY COVENANT with the Board to carry out the work of “
MANNING, OPERATION, MAINTENANCE AND COMPLETE TECHNICAL
MANAGEMENT OF VPA OWNED DREDGER GHD SAGAR DURGA FOR
SEVEN YEARS to VISHAKAPTNAM Port AUTHORITY”/ together with the
provisions of the Contract and to maintain/guarantee the same as provided in the
conditions of the Contract (hereinafter collectively called “The Contract Work”).

63
4. The BOARD HEREBY COVENANT to pay to the Contractors in consideration of

the contractors carrying out the contract work to the entire satisfaction of the
(mention the Designation of HOD) _________________________ of the Board
in all respects the contract price /* (after taking into account the rebates of
________ % offered by the contractor) at the time and in the manner prescribed
by the Contract.
IN WITNESS WHEREOF the Contractor have/has hereunto subscribed and set
his/their respective hands and seals ___________________________________
the duly constituted Attorney of and for on the behalf of the Contractor hath been
hereto affixed and the Dy. Conservator of the Board of AUTHORITYees of the
Port of VISHAKAPTNAM for and on behalf of the Board has set his hand and the
Common seal of the Board hath been hereunto affixed the day and year first
above written.
▪ Strike out if there is not rebate.
THE SCHEDULE ‘A’ ABOVE REFERRED TO

(The Schedule of letters)
(Here please mention Contractor’s and VPA. letters)
THE SCHEDULE ‘A’ ABOVE REFERRED TO
(The Schedule of spares to be supplied by the Contractors)
SIGNED, SEALED AND DELIVERED ) Constituted Attorney

by the above named ________________ )
________________________________ )
in presence of ____________________ )
OR
SIGNED, SEALED AND DELIVERED )

by the above named ________________ )
________________________________ )
on behalf of themselves and for and on )
behalf of ________________________ )
in presence of ____________________ ) Signature of Contractors
OR
The common seal of affixed pursuant to a )

resolution of the Board of Directors dated )
the ___________ of ________ 2017 in ) Director
64
presence of _______________________ )
and _____________________________ )
two of the Directors of the said company. ) Director
SIGNED, SEALED AND DELIVERED

by the Dy. Conservator for and on behalf of )
Board of AUTHORITYees of Port of VISHAKAPTNAM in )
the presence of ____________________ ) DY. CONSERVATOR
_________________________________ )
The Common Seal of the Board of AUTHORITY

of the Port of VISHAKAPTNAM was affixed in the
Presence of _________________________
___________________________________ )
Secretary, VISHAKAPTNAM Port AUTHORITY.

65
ON Rs. 500/- STAMP PAPER

ANNEXURE- III

FOR SEVEN YEARS
TENDERER’S UNDERTAKING
1. We, the ________________________________ the undersigned having read

and clearly understood the instructions to tenderers, conditions of contract to the
tender documents hereby offer to manning & complete technical management of
two GHD SAGAR DURGA Each as specified in the schedules, against which the
hire rates have been inserted to the extent which the Board of AUTHORITYees
may determine in accepting this tender. We hereby agree, subject to the
conditions of contract, to enter into a formal agreement with the Board.
2. We undertake to manning, operation, maintenance & complete technical

management of DREDGER GHD SAGAR DURGA. The Board will be at liberty
to encash the performance Bank Guarantee submitted by us. The Board also
may initiate legal action against us as deemed fit.
3. If our tender is accepted, we undertake within 30 (thirty) days of the Letter of

Intent of the tender, to deposit with the Board, a Bank Guarantee encashable at
VISHAKAPTNAM Branch, issued by a Scheduled Bank registered in India with
office in VISHAKAPTNAM for a sum of 3 % (three percent) of the value of the
contract (as per clause 55 of the conditions of contract) to be held by the Board
as security for the due performance of our obligation under the contract. This
guarantee shall be valid until 6 (six) months after the expiry of the contract.
4. Until and unless a formal Contract Agreement is prepared and executed, this
TENDER NO. IMAR/DCO/D/2/2024together with your written acceptance
thereof, shall constitute a binding contract between us and the Board. We
understand that the Board is not bound to accept the lowest of any tender that
Board may receive.
5. The undersigned confirm, after personal scrutiny, that the documents used in
compiling this tender are true copies of the documents.
Submission of fraudulent documents shall be treated as major violation of the
tender procedure and in such cases the port shall resort to forfeiture
of Security Deposit and / Bank Guarantee apart from black listing of the firm for
next three years.
6. The bidder undersigned confirms that they have not made any payment or
illegal gratification to any person / authority connected with the bid process so as
to influence the bid process and have not committed any offence under the PC
Act in connection with the bid. The bidder shall disclose any payments made or

66
proposed to be made to any intermediaries (agents etc.) in connection with the

bid, if any.
7. I/ We further certify that in regard to matters relating to security and integrity of

the country, we have not been charge-sheeted by any agency of
VISHAKAPTNAM Port AUTHORITY or convicted by a Court of Law for any
offence committed by us.
8. I/ We undertake that in case due to any change in facts or circumstances during

the bidding process, we are attracted by the provisions of disqualification in
terms of the guidelines referred to above, we will intimate the Licensor of the
same immediately.
9. I/ We have studied all the tender documents carefully and also surveyed the site.
We understand that except to the extent as expressly set forth in the Contract,
we will have no claim, right or title arising out of any documents or information
provided to us by the Owner or in respect of any matter arising out of it.
10. I/ We agree and undertake to abide by all the terms and conditions of the tender
documents.
Signature of the tenderer
-----------------------------
Dated : ____________ Name and Address
-----------------------------------
Witness to Signature of the Tenderer ------------------------------------

----------------------------------

67
ANNEXURE - IV

TECHNICAL MANAGEMENT OF VPA OWNED 1 NOS. GHD SAGAR DURGA FOR
SEVEN YEARS
GENERAL INFORMATION OF THE TENDERER
The Tenderer shall fill in the following information and submit copies of relevant
documents.
1 Full name of the firm (IN CAPITAL LETTERS)

[insert Tenderer’s legal name]
In case of JV, legal name of each party:

[insert legal name of each party in JV]
2 Major area of business
3 a) Address of Registered Office / Head Office
b) Name of the Tenderer’s Authorised

Representative
c) Telephone Number(s)
d) FAX Number(s)
e) E-mail Address(es)
f) Website Address(es)
g) Place of Incorporation / Registration
h) Year of Incorporation / Registration
4 a) Address of the Branch Office, if any :
b) Name of the contact person at Branch Office
d) FAX Number(s)

68
5 Whether the Tenderer is a Proprietorship Firm or

Partnership Firm or Limited Company
6 Details of the Banker(s)
a) Name of the Banker(s), in full
b) Address(es) of the Banker(s)
d) FAX Number(s)
f) Name(s) of the contact person(s)
7 Details of Income Tax, Excise Duty, GST
a) Permanent Income Tax Account No. (PAN)
b) GST Registration No.
c) Central Excise Registration No.

(if applicable)
d) Professional Tax Registration No.
(if applicable)
e) EPFO Registration number: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
f) ESIC Registration number: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _

69
8. The details of key personnel involved in administration and execution of the

subject work till completion:
Sl. Name in full Designation Qualification Experience

No.
Note (i) : In case of ‘Non-availability’ regarding the above, if any, reason(s) should be
clearly furnished along with supporting documents.
Tenderer]

70
ANNEXURE -V

FOR SEVEN YEARS
SCHEDULE – VIII
SCHEDULE OF DOCUMENT
We certify that all relevant documents for qualifying in the tender, have been duly
attested, notarized and are enclosed, secured and indexed properly.
TENDERER.S SIGNATURE
AUTHORISED SIGNATORY
Name.__________________
Company Seal. ___________

71
ANNEXURE -VI

FOR SEVEN YEARS
SCHEDULE- IX
SCHEDULE OF DEVIATION
We hereby certify that there are no deviations / suggestion etc. in the bid
documents inserted by us. VISHAKAPTNAM Port AUTHORITY can reject the offer, if it
is found that there are counter conditions / suggestions / deviations from the tender
conditions prescribed in the bid document.
TENDERER.S SIGNATURE
AUTHORISED SIGNATORY
Name.__________________
Company Seal. ___________

72
ANNEXURE-VII
SECTION -III
PRICE BID (COVER –II)


FOR SEVEN YEARS
SCHEDULE OF RATES
NB: THE PRICE BID SHALL BE FILLED ONLY IN EXEL FORMAT IN CPP
PORTAL http://eprocure.gov.in
ANNEXURE -VIII

73
( on Rs. 100 /- stamp paper )
UNDER TAKING FOR EXECUTION OF CONTRACT WITHOUT EMD
TENDER FOR MANNING, OPERATION, MAINTENANCE

AND COMPLETE TECHNICAL MANAGEMENT OF VPA
OWNED 1 NOS. GHD SAGAR DURGA FOR SEVEN
YEARS
We M/s. ___________________________________________ hereby state that we will

(Name and address of the firm)
not withdraw or modify the bids during the period of validity or if awarded the contract
and fail to sign the contract agreement, or to submit performance security before the
dead line defined in the request for bid document, we are ready to accept the
suspension for a period of time specified in this bid document as decided by the
employer.
We understood that if any failure during complete processing of the bid we

accept our disqualification for submission of bids in VISHAKAPTNAM Port AUTHORITY
for the specified period as decided by VISHAKAPTNAM Port AUTHORITY Rules.
Tenderer]
ANNEXURE – IX

74
(On ₹ 100/- stamp paper)
INTEGRITY PACT BETWEEN

VISHAKAPTNAM PORT AUTHORITY (VPA) hereinafter referred to as
"The Principal"
AND
(Name of The bidders and consortium members)...........................hereinafter referred

to as "The Bidder/Contractor”
Preamble:
The Principal intends to award, under laid down organizational procedures,

contract/concession for Tender No. IMAR/DCO/D/2/2024 .The Principal values full
compliance with all relevant laws and regulations, and the principles of economic use of
resources, and of fairness and transparency in its relations with its Bidders(s) and / or
Contractor(s). in Government / PSU transactions and as a part of Vigilance
administration and superintendence, CVC has, recommended adoption of Integrity
Pact and provided basic guidelines for its implementation in respect of major
procurements in the Government Organizations in pursuance of the same, the Principal
agrees to appoint an external independent Monitor who will monitor the execution of the
contract for compliance with the principles mentioned above.
Section 1 - Commitments of the Principal
(1) The Principal commits itself to take all measures necessary to prevent corruption
and to observe the following principles: -
(a) No employee of
The Principal, personally or through family members, will in connection
with the execution of a contract, demand, take a promise for or accept, for
him/herself or third person, any material or immaterial benefit which he/she is
not legally entitled to.
(b) The Principal will, during the pre-contract stage, treat all BIDDERs alike, and
will provide to all BIDDERs the same information and will not provide any
such information to any particular BIDDER which could afford an advantage
to that particular BIDDER in comparison to other BIDDERs.
(c) The Principal will exclude from the process all known prejudicial persons.
(2) If the Principal obtains information on the conduct of any of its employees which is
a criminal offence under relevant Anti-Corruption Laws of India, or if there be a

75
substantive suspicion in this regard, the Principal will inform its Vigilance Office
and in addition can initiate disciplinary actions. In such a case, while an
enquiry is being conducted by the Principal, the proceedings under the contract
would not be stalled.
Section 2 - Commitments of the Bidder / Contractor
(1) The Bidder(s)/Contractor(s) commits themselves to take all measures necessary

to prevent corrupt practices, unfair means and illegal activities, during pre-
contract as well as post- contract stages. He commits himself to observe the
following principles during the contract execution.
a. The Bidder/Contractor will not, directly or through any other person or firm, offer,
promise or give to any of the Principal's employees involved in the execution of
the contract or to any third person any material or immaterial benefit, which
he/she is not legally entitled to, in order to obtain in exchange of advantage of
any kind, whatsoever during the execution of the contract.
b. The Bidder/Contractor will not enter with other Bidders into a n y u n d i s c l o s e d

agreement or understanding, whether formal or informal. This applies in
particular to prices, specifications, certifications, subsidiary contracts, submission
or non-submission of bids, or any other actions to restrict competitiveness, or to
introduce cartelization in the bidding process.
c. The Bidder/Contractor will not commit any offence, under the Anticorruption Laws
of India ; further the Bidder/Contractor will not use improperly, for purposes of
competition, or personal gain, or pass on to others, any information or document
provided by the Principal, as part of the business relationship, regarding plans,
technical proposals and business details, including information contained or
transmitted electronically.
d. The Bidder will not collude with other parties interested in the contract to impair
the transparency, fairness and progress of the bidding process, bid evaluation,
contracting and implementation of the contract.
e. The Bidder /Contractor will, when presenting his bid, disclose any and all
payment she has made, is committed to or intends to make to agents, brokers
or any other intermediaries, in connection with the award of the contract.
f. The Bidder commits to refrain from giving any complaint directly or through any
other manner without supporting it with full and verifiable facts.
g. The Bidder shall not lend to or borrow any money from or enter into any
monetary dealings or transactions, directly or indirectly, with any employee of
the Principal.
(2) The Bidder(s)/Contractor(s) will not instigate third persons to commit offences
outlined above or be an accessory to such offences.

76
Section-3 Disqualification from or exclusion from future contracts
If the Bidder, before award of contract, has committed a transgression, through

a violation of Section-2 or in any other form, such a stop this reliability as Bidder,
into question, the principal is entitled to disqualify the Bidder, from the tender
process, or to terminate the contract, if already signed, for such reason.
1. If the Bidder / Contractor h a s committed a transgression, t h r o u g h a

violation of Section-2, such as to put his reliability, or credibility into
question, the Principal is entitled to disqualify the Bidder / Contractor from
the tender process, terminate the contract if already awarded and also, to
exclude the
Bidder / Contractor from future contract award processes. The imposition

and duration of the exclusion, will be determined by these verification of the
transgression. The severity will be determined, by the circumstances of
the case, in particular the number of transgressions, t h e position of the
transgressions, w i t h i n the company hierarchy of the Bidder and the
amount of the damage. The execution will be imposed for a minimum of
6months and maximum of 3 years.
Note: A transgression is considered to have occurred, if in the light of

available evidence, no reasonable doubt is possible.
2. The Bidder accepts and undertakes to respect and uphold, the principal's
Absolute right to resort to and impose such exclusion and further accepts
and undertakes, not to challenge or question such exclusion, on any
ground, including the lack of any hearing before the decision, to resort to
such exclusion is taken. This undertaking is given freely and after obtaining
independent legal advice.
3. If the Bidder / Contractor can prove that, he has restored / recouped the
Damage caused by him and has installed a suitable corruption prevention
system, the Principal may revoke the exclusion prematurely.
Section-4 Compensation for Damages
1. If the Principal has disqualified the Bidder, from the tender process prior to the
award, according to Section-3, the Principal is entitled to demand and recover
the damages or debar from future tenders.
2. If the Principal has terminated the contract according to Section-3, or if the

Principal is entitled to terminate the contract according to Section-3, the
Principal shall be entitled to demand and recover from the Contractor, liquidated
damages equivalent to 10 % of the contract value, or the amount equivalent to
Security Deposit / Performance Bank Guarantee, whichever is higher.
3. The Bidder agrees and undertakes to pay the said amounts, without protest or
demur, subject only to condition that, if the Bidder / Contractor can prove and
establish that the termination of the contract, after the contract award has
77
caused no damage or less damage than the amount of the

liquidated damages, the Bidder / Contractor shall compensate the principal,
only to the extent of the damage in the amount proved.
Section-5 Previous transgression
1. The Bidder declares that, no previous transgression has occurred in the

last 3 years, with any other company, in any country, confirming to
anticorruption approach or with any other Public Sector Enterprises in
India, that could justify his exclusion from the tender process.
2. If the Bidder makes incorrect statement on this subject, h e

can be declared disqualified from the tender process for action can be
taken as per procedure mentioned in guidelines on banning of business
dealing.
Section-6 Equal treatment of all Bidders/Contractors/Subcontractors
1. The Bidder(s)/Contractor(s) undertakes to demand from all

subcontractors, a commitment in conformity with this Integrity Pact, and to
submit it to the Principal before signing contract.
2. The Principal will enter into agreements with identical conditions as this
one with all Bidders, Contractors and Subcontractors.
3. The Principal will disqualify from the tender process all Bidders, who do
not sign this part or violates its provisions.
Section-7 Criminal charges against violating Bidders / Contractors /

Sub - contractors
If the principal obtains knowledge of conduct of a Bidder/Contractor or

Subcontractor, or of an employee, or a representative, or an associate of a
Bidder/Contractor, or Subcontractor, which constitutes corruption, or if the
Principal has substantive suspicion, in this regard, the Principal will inform the
Chief Vigilance officer.
Section-8 Independent E x t e r n a l Monitor

78
1. The principle appoints competent and creditable Independent External Monitor

for this Pact. The task of the Monitor, is to review independently and objectively,
whether and to what extent, the parties comply with the obligations under this
agreement.
2. The Monitor is not subject to instruction, by the representative of the parties and
performs his function neutrally and independently. He reports to the Chairperson
VPA.
3. The Bidder(s) / Contractor (s) accepts that, the monitor has the right to access,
without restriction to all project documentation of the principal including that
provided by the contractor. The contractor will also grant the monitor, upon his
request and demonstration of valid interest, unrestricted and unconditional
access, to the project documentation. The same is applicable to Subcontractors.
The monitor is under contractual obligation, to treat the information and
documents of the Bidder(s)/ Contractor (s) / Subcontractor (s) with
confidentiality.
4. The Principal will provide to the Monitor, sufficient information about all
meeting, among the parties related to the project, provided such meeting cloud
have an impact, on the contractual relations between the Principal &
Contractor. The parties offered to the Monitor the option to participate in such
meeting.
5. As soon as the Monitor notices, or believes to notice, a violation of this

agreement, he will so inform the Management of the Principal and request the
management to discontinue, or take corrective action, or to take other relevant
action. The Monitor can in this regard submit non- binding
recommendations. Beyond this, the Monitor has no right to demand from the
parties, that they act in a specific manner, refrain from action or tolerate action.
6. The Monitor will submit a written report, to the Chairperson, VPA., within 8 to 10
weeks, from the date of reference or intimation to him by the 'Principal' and,
should the occasion arise, submit proposals for correcting problematic situations.
7. Monitor shall entitle to compensation on the same terms as being extended to /

provided to Independent Directors on the VPA Board.
8. If the Monitor has reported to Chairperson, VPA a substantiate suspension of

an offence, under relevant Anti-Corruption Laws of India, and the Chairperson,
VPA has not, within reasonable time, taken visible action to proceed against
such offence, or reported it to the Chief Vigilance Officer, the Monitor may also
transmit this information directly to the Central Vigilance Commissioner.
Section-9 Pact Duration

79
This Pact begins when both parties have signed it. It expires 12months after
the last payment under the contract Agreement is made.
If any claim is made / lodged during this time, the same shall be binding and continue
be valid, despite the lapse of this Pact, as specified above, unless it is discharged
/determined Chairperson of the Principal.
The Pact duration in respect of unsuccessful Bidders shall expire after 3 months of
the award of the contract.
Section-10 Other Provisions
* This agreement is subject to Indian Law, Place of performance and jurisdiction is

the Registered Office of the Principal, i.e. VISHAKAPTNAM, Maharashtra.
* Changes and supplements as well as termination notices, need to be made in

writing. Side agreements have not been made.
* If the Contractor is a partnership or a consortium, this agreement must be, signed

by all partners or consortium members.
• Should one or several provisions of this agreement, turn out to be invalid, the
remainder of this agreement remains valid. In this case, the parties will strive to
come to an agreement, to their original intensions.
------------------------------------- --------------------------------------
(For & on behalf the Principal) (For the Bidder/Contractor)

Office Seal Office Seal
Place: VISHAKAPTNAM Place:

Date: Date:
Witness-1: (For Principle) Witness- 2: (For Bidder/Contractor)
Name & Address------------------ Name & Address------------------
-------------------------------- -------------------------------
ANNEXURE-X

80
INDEMNITY BOND
(Rs. 500/- stamp paper)
The contractor will indemnify, defend and hold harmless owner and VPA’s personnel,
their respective officers, employees, agents, sub-contractors, suppliers, affiliates and
other representatives from and against any and all claims, liability, action, demand,
judgment, loss, damage, costs and expenses (including legal fees) in respect of or
arising out of:
(i) all and any claims or other lawsuits or proceedings, that may arise on account of
breach of any of the labour and other related applicable law and/or that may
arise of breach of any covenants of the contract including those arising out of
any accident that may occur during or in relation to the services to be provided
by the contractor under the contract, as may be proceeded against VPA, for any
reason whatsoever and assume full responsibility for whatsoever including the
payment of indemnification, penalties, attorneys’ fees, legal cost and other
charges, if any;
(ii) damages and losses caused by its negligent or intentional act or omission or
any damages and losses caused by the negligent act of the Contractor’s Staff or
any third party or agency/master and crew engaged by the Contractor;
(iii) damages and losses resulting from the non-compliance with the
obligations established hereunder;
(iv) any environmental damages caused by it and/ or its representatives or
employees or employees of any third party or agency engaged by the
Contractor;
(v) failure on the part of the contractor and or non-compliance to perform any of its
obligations under the contract;
(a) any environmental damages cause by it and/or its representatives or employees
or employees of any third party or agency engaged by the contractor;
(b) the contractor will be liable for and will indemnify and hold VPA harmless from
and against any and all claims, liability, action, demand, judgment, loss, damage,
costs and expenses (including reasonable legal fees) brought by a third party,
including any of the contractor’s staff, for loss or damage to property or personal
injury or death caused by, resulting from, or incidental to the contractor’s
performance under the contract;
( c) in the event of hazardous materials being released or any noncompliance of Air
(Pollution & Control ) Act 1981 and Hazardous and other waste (Management &
Handling ) Rules 2016 thereto.(including but not limited to air, ground or water
contamination) as a result of the contractor’s actions, inactions, breach of default,
then, the contractor with forthwith at its own expense, take all such steps as may
be necessary to remove the hazardous materials and fully restore and reinstate
the contaminated area and items. This clause will survive the termination of
contract.

81
ANNEXURE-XI
SPECIMEN LETTER OF AUTHORITY FOR SUBMISSION OF TENDER
To,
The Board of AUTHORITYEES OF PORT OF VISHAKAPTNAM
Ref: Tender No. IMAR/DCO/D/2/2024
TENDER FOR MANNING, OPERATION, MAINTENANCE

AND COMPLETE TECHNICAL MANAGEMENT OF VPA
OWNED 1 NOS. GHD SAGAR DURGA FOR SEVEN
YEARS
Dear Sir,
We_________________________________________________ do hereby confirm

that Shri____________________________ (Name, designation and Address) is/ are
authorized to represent us to tender, negotiate and conclude the agreement on our
behalf with you against tender No. ____________ and his specimen signature is
appended here to.
We confirm that we shall be bound by all and whatsoever our said signatory shall
commit.
We understand that the communication made with him by the Employer shall be
deemed to have been done with us in respect of this Tender.
[specimen signature]
Yours faithfully,
In the capacity of [insert legal capacity of person signing the Letter of Authority]
Name: [insert complete name of person signing the Letter of Authority]

82
ANNEXURE – VIII
Tender No. IMAR/DCO/D/02/2024
TENDER FOR MANNING, OPERATION, MAINTENANCE AND

COMPLETE TECHNICAL MANAGEMENT OF VPA OWNED 1 NOS.
GHD SAGAR DURGA FOR SEVEN YEARS
1. If the applicant is a joint venture of two members, the members shall submit a
memorandum of understanding entered between themselves for participating in
qualification along with the percentage shareholding, rates and responsibility of
each member of joint venture.
2. Financial Details (of each party in case of joint venture) in the format prescribed
along with the authority from the applicant/partner in the charge of joint venture
for the VPA to seek reference from the bidder's bankers shall be submitted.
3. The details of experience and past performance of the applicant (of each of the
party to a joint venture) on works of similar nature within the past 7 years
including the details of current order book position and other contract
commitments in the prescribed format.
4. The bidder shall submit the power of Attorney, in charge or authorizing signatory
of the application or one member of the joint venture as lead member in the
prescribed format.
5. The bidder shall designate one of the partner as partner in charge (lead member)
through whom any correspondence between the applicant and the VPA shall be
channeled.
6. Each form shall submit only one Bid in response to this qualification. Multiple
Bids through subsidiaries shall not be entertained.
7. Each firm can participate only in one joint venture. In case of firms name appears
in more than one joint venture, then both the bids may be rejected.

83
JOINT VENTURE
If the Company intends to enter into a Joint Venture for the project, please give
the following information, otherwise state “NOT Applicable” :
1. Name and addresses of Joint Venture Partners with proposed participation

and responsibility in the joint venture
2. Name of Company leading the Joint Venture:
3. Name and addresses of Bankers to the Joint Venture:

84
POWER OF ATTORNEY
Dated --------------
TO WHOMSOEVER IT MAY CONCERN
Mr. -------------------------------------------------------- (Name of the Person(s), domiciled at

-----------------------------------------------------------------------------------------------(Address),
acting as ------------------------------------------- (Designation and name of company), and
whose signature is attested below, is hereby appointed as the Lead Member and
authorized on behalf of ------------------------------------------------------------ (Name of the
applicant) to provide information and respond to enquiries etc as may be required by
the Engineers of VPA for the project of ---------------------------------------------- (Project title )
------------------------------------------- and is hereby further authorized to sign and file
relevant documents in respect of the above.
(Attested Signature of Mr. ---------------------------------)
For -------------------------------------
(Name & designation of the member of joint venture)
* Individual power of attorney for signing the joint venture shall be

submitted in the above format separately by each applicant.

85
POWER OF ATTORNEY
(IN CASE OF JOINT VENTURE)

Know all men by these presents that we -----------------------------------,------------------
----- -----------------------------,-----------------------------------------and-----------------------
(herein after collectively referred to as “ Joint Venture”) hereby appoint and authorize ---
------------------------------------------------- Ltd. as our Attorney.
Whereas the Board of AUTHORITYees of Port of VISHAKAPTNAM (hereinafter referred
to as “the Port AUTHORITY”) have invited application from interested parties for the
above work of TENDER NO. DC/
Whereas the members of the Joint Venture are interested in bidding for the entire
work in accordance with the conditions of the contract and other related documents.
And whereas, it is necessary under the document for the members of the Joint
Venture to a point and authorize one of them to do all acts, deeds and things in
connection with the aforesaid works.
We hereby nominate and authorize ---------------------------------------------as our
constituted attorney from the lead member of the consortium in our name and on our
behalf to do or execute all or any of the acts / things in connection with making an
application to the VISHAKAPTNAM Port AUTHORITY, to follow up with the Port
AUTHORITY and thereafter to do all acts, deeds and things related to the execution of
work on our behalf.
And we hereby agree that all the acts, deeds and things done by our said
attorney shall be construed as acts, deeds and things done by us and we undertake to
ratify and conform all and whatsoever that my said attorney shall do or cause to be
done for us by virtue of the power hereby given.
In the witness hereof we have signed this deed on this the ---------------- day of ------------
-
for and on behalf ------------------------------------------------------
for and on behalf ------------------------------------------------------
for and on behalf ------------------------------------------------------
for and on behalf ------------------------------------------------------

86

87
Supply of Work Boat including crew, fuel and supply of Mooring staff for period of five Years
TENDERER’S UNDERTAKING
1. We, the ________________________________ the undersigned having read and

clearly understood the instructions to tenderers, conditions of contract to the tender
documents hereby offer to manning & complete technical management of two harbour
tug Each as specified in the schedules, against which the hire rates have been inserted
to the extent which the Board of AUTHORITYees may determine in accepting this
tender. We hereby agree, subject to the conditions of contract, to enter into a formal
agreement with the Board.
2. We undertake to manning , operation , maintenance & complete technical management
of two harbour tug. . The Board will be at liberty to encash the performance Bank
Guarantee submitted by us. The Board also may initiate legal action against us as
deemed fit.
3. If our tender is accepted, we undertake within 30 (thirty) days of the Letter of Intent of
the tender, to deposit with the Board, a Bank Guarantee encashable at
VISHAKAPTNAM Branch, issued by a Scheduled Bank registered in India with office in
VISHAKAPTNAM for a sum of 3 % (three percent) of the value of the contract (as per
clause 55 of the conditions of contract) to be held by the Board as security for the due
performance of our obligation under the contract. This guarantee shall be valid until 6
(six) months after the expiry of the contract.
4. Until and unless a formal Contract Agreement is prepared and executed, this The Tender
No IMAR/DCO/D/2/2024 together with your written acceptance thereof, shall constitute
a binding contract between us and the Board. We understand that the Board is not
bound to accept the lowest of any tender that Board may receive.
5. The undersigned confirm, after personal scrutiny, that the documents used in compiling
this tender are true copies of the documents.
Submission of fraudulent documents shall be treated as major violation of the tender
procedure and in such cases the port shall resort to forfeiture of Security Deposit and
/ Bank Guarantee apart from black listing of the firm for next three years.
6. The bidder undersigned confirms that they have not made any payment or illegal
gratification to any person / authority connected with the bid process so as to influence
the bid process and have not committed any offence under the PC Act in connection
with the bid. The bidder shall disclose any payments made or proposed to be made to
any intermediaries (agents etc.) in connection with the bid, if any.

88
7. I/ We further certify that in regard to matters relating to security and integrity of the
country, we have not been charge-sheeted by any agency of VISHAKAPTNAM Port
AUTHORITY or convicted by a Court of Law for any offence committed by us.
8. I/ We undertake that in case due to any change in facts or circumstances during the
bidding process, we are attracted by the provisions of disqualification in terms of the
guidelines referred to above, we will intimate the Licensor of the same immediately.
9. I/ We have studied all the tender documents carefully and also surveyed the site. We
understand that except to the extent as expressly set forth in the Contract, we will have
no claim, right or title arising out of any documents or information provided to us by the
Owner or in respect of any matter arising out of it.
10. I/ We agree and undertake to abide by all the terms and conditions of the tender
documents.
11. We, being the members of the joint venture, agree and undertake to be jointly and
severally liable for all the obligations of the Contractor under the Contract in
accordance with the Contract.
Signature of the tenderer

----------------------
------------------------------------
Witness to
Signature of the Tenderer
-----------------------------------
-
------------------------------------
Signature Not Verified

Digitally signed by MUKKU VIJAYANAND
Date: 2024.06.04 15:26:52 IST
Location: eProcurement System for
Central PSUs

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1

VISAKHAPATNAM PORT AUTHORITY

TENDER DOCUMENT NO.IMAR/DCO/D/ 2/2024

Only through E-tender mode

SUPPLY OF MANNING, OPERATION, MAINTENANCE AND

VISAKHAPATNAM PORT AUTHORITY

CONTRACTOR DY. CONSERVATOR

VISAKHAPATNAM PORT AUTHORITY

NOTICE INVITING TENDERS (NIT)

1. Organization Visakhapatnam Port Authority

14. EMD/Bid Security Rs.27,85,905/- Accepted only online payable

CONTRACTOR DY. CONSERVATOR

21. Pre-qualification/ 4 .7.2024 at 1600 hrs

2. In case of the NSIC/MSME certificate submitted bidders, the eligibility for

CONTRACTOR DY. CONSERVATOR

SUPPLY OF MANNING, OPERATION, MAINTENANCE AND COMPLETE

Sr. No. Contents Page Nos.

4. Scope of Work 29-39

5. DEFINITIONS AND INTERPOLATIONS: 40-42

6. Commercial Condition 43-50

8. Form of Pre-Qualification Information of the Tenderer 54

9. Form of ECS / RTGS Transaction Particulars 55

10. Proforma Of Bank Guarantee (Annexure-I) 56-58

11. Proforma of Contract Agreement (Annexure-II) 59-62

12. Undertaking Format (Annexure-III) 63-64

13. General Information Of Tenderer (Annexure-IV) 65-67

14. Schedule Of Document (Annexure-V) 68

16. Schedule of Rates (BOQ) (Annexure-VII) 70

17. UNDER TAKING FOR EXECUTION OF CONTRACT 71

19. Indemnity Bond (Annexure-X) 78

20. Letter Of Authority For Submission Of Tender(Annexure-XI) 79

CONTRACTOR DY. CONSERVATOR

CONTRACTOR DY. CONSERVATOR

CONTRACTOR DY. CONSERVATOR

2.GENERAL INSTRUCTIONS TO TENDERER

1.1 BRIEF DESCRIPTION OF THE TENDERING PROCESS:-

Port Authority intends to follow a Two-stage Tendering process for selection of

1.1.1 CONTENTS OF COVER (Techno Commercial bids)

CONTRACTOR DY. CONSERVATOR

CONTRACTOR DY. CONSERVATOR

3. INSTRUCTIONS TO TENDERER (ITT)

2.4 The EMD should be paid through RTGS/NEFT/Net banking etc..

“Similar work” means manning, operation and maintenance of any

The Contractor shall employ a technical resource person (such as Dredge

2.5 (3) TURNOVER:

2.5(4) GST IN No. and PF & ESI No.

CONTRACTOR DY. CONSERVATOR

2.7 No interest will be payable on the EMD.

2.9 ELIGIBILITY CRITERIA:

CONTRACTOR DY. CONSERVATOR

2.17 One Bid per Bidder

Joint Venture (JV) / Consortium

JVs/Consortia is subject to the following

2.18 Cost of Bidding

2.19 Site Visit

a) The Tenderer shall examine carefully the conditions of contract in the

Marine Department of Visakhapatnam Port Authority and its approaches

b) The Tenderer, at the Tenderer's own responsibility and risk, is

2.20 RESPONSIVE OFFER

Marine Department of Visakhapatnam Port Authority will scrutinize the