Maharashtra Maritime Board, Home Department

(Ports and Transport)

Government of Maharashtra

Request for Proposal

for

Selection of Contractor for supply, transport, deliver and commission of Passenger ferry vessel (within port limits) in Maharashtra, India

December 2018

Table of Contents

1. Bid Notice ..................................................................................................................................................3

2. Background ...............................................................................................................................................7

3. Details of Ferry Passenger Vessels ......................................................................................................8

3.1 General ..................................................................................................................................................8

3.2 Main Particulars of the vessel to be specified by Manufacturer/Owner/Operator ......................8

3.3 Classification .........................................................................................................................................8

3.4 Certificates ............................................................................................................................................8

3.5 Capacities and Dead weight ...............................................................................................................9

3.6 Performance ..........................................................................................................................................9

4. Scope of work ...........................................................................................................................................9

5. General terms and conditions ............................................................................................................. 11

6. Performance Guarantee:...................................................................................................................... 11

7. Special terms and conditions .............................................................................................................. 11

8. Duties and Responsibilities of Selected Bidder ................................................................................ 14

9. Preparation and Submission of Bid .................................................................................................... 14

10. Opening of Bids ................................................................................................................................. 16

11. Signing of Agreement ....................................................................................................................... 16

12. Payment Terms ................................................................................................................................. 17

13. Liquidated damages ......................................................................................................................... 17

14. Liability ................................................................................................................................................ 17

15. Termination ........................................................................................................................................ 17

16. Dispute Resolution ............................................................................................................................ 18

17. Applicable law .................................................................................................................................... 18

18. Miscellaneous .................................................................................................................................... 18

19. Annexure – I ....................................................................................................................................... 19

20. Annexure - II ....................................................................................................................................... 21

21. Annexure‐III ........................................................................................................................................ 23

22. Annexure-IV ....................................................................................................................................... 25

23. Annexure‐V ........................................................................................................................................ 26

24. Annexure‐VI ....................................................................................................................................... 27

25. Annexure VII ...................................................................................................................................... 28

1. Bid Notice

Online Tenders (e-Tender) for the following work are invited by the Maharashtra Maritime

Board (MMB) on the Government of Maharashtra's Tender Information System Portal

http://mahatenders. gov.in as per the Tender Schedule published on the Web portal

from suitable individual/Consortiums/companies having required experience. The

details can be viewed online and downloaded directly from Government of Maharashtra

e-Tendering portal http://mahatenders.gov.in from 20th December 2018 at 1100Hrs. (IST)

onwards.

Tender Reference No. MMB/Traffic/Tender

Name of Work Selection of Contractor for supply, transport, deliver and commission of Passenger ferry vessel in Maharashtra, India

Cost of blank Tender

Document and Mode of

Payment

INR. 3,540/ (Rupees Three Thousand only) (Non-Refundable)

inclusive of GST(18%) to be paid through Net Banking, during

downloading of Tender Document

EMD Amount and

Mode of Payment

INR.7,00,000 / (Rupees Seven Lakhs only) to be paid

through Online Payment modes i.e. Net Banking, during

submission of Tender Document

Venue for opening of

Tender

Office of the Maharashtra Maritime Board at the above address.

Contact person for

information relating to

tender

Capt. Harish Khatri, Nautical Advisor, MMB

Email id : headofficemmb@gmail.com

Mr. Pradip Badhiye, Administrative officer, MMB

Email id : pradip.badhiye@gmail.com

e-Tendering helpline 24X7 Help Desk Number- 0120-4200462,0120-4001002

Mobile No.88262 46593, Email- support-eproc@gov.in

1 . 1 e-Tender Schedule Sr. No. Activity Date Time (Hrs.)

1. Publishing Date 20.12.2018 1100

2. Document Download Start Date 20.12.2018 1100

3. Bid Submission Start Date 20.12.2018 1100

4. Seek Clarification Start Date 20.12.2018 1100

5. Document Download End Date 19.01.2019 1700

6. Seek Clarification End Date 29.12.2018 1700

7. Pre Bid Meeting Date 04.01.2019 1500

8. Bid Submission Closing Date 19.01.2019 1700

9. Technical Bid Opening Date 21.01.2019 1100

NOTE:

i) All eligible/ interested Bidders are required to be enrolled on portal http://mahatenders.gov.in before downloading tender documents and participate in e-tendering.

ii) Dates mentioned here are scheduled dates for Bid Opening Activities. Any change in the date of opening of technical and financial tenders shall be notified in "Corrigendum" sect ion on e­Tendering Portal before opening of the same.

iii) The Chief Executive Officer, Maharashtra Maritime Board reserves right to accept or reject any or all tenders without giving any reasons thereof.

iv) The detailed tender notice is available on our website https://mahammb.maharashtra.gov.in

Sd/-

CHIEF EXECUTIVE OFFICER

MAHARAS HTRA MARITIME BOARD

INSTRUCTIONS TO BIDDERS RELATED TO E-TENDERING GENERAL INSTRUCTIONS:

The bidders are requested to familiarize themselves with the use of the e-Tendering portal of

Government of Maharashtra well in advance.

To view- Tender Notice, Detailed Time Schedule, Tender Document for this Tender and

subsequently purchase the Tender Document and its supporting documents, kindly visit following

e-Tendering website of Government of India: https://mahatenders.gov.in

The Contractors participating first time for e-Tenders on GoM e-tendering portal will have to

complete the Online Registration Process for the e-Tendering portal. A link for enrolment of new

bidders has been provided on

https://mahatenders.gov.in/nicgep/app?page=BiddersManualKit&service=page

All bidders interested in participating in the online e-Tendering process are required to procure

Digital e-Token having 2 certificates inside it, one for Signing/Verification purpose and another for

Encryption/Decryption purpose. The tender should be prepared & submitted online using

individual’s Digital e-Token.

e-Tendering Tool Kit for Bidders (detailed Help documents, designed for bidders) has been

provided on e-Tendering website in order to guide them through different stages involved during e-

Tendering such as online procedure for Tender Document, Bid Preparation, Bid Submission.

(https://mahatenders.gov.in/nicgep/app?page=DSCInfo&service=page )

Similarly, Bidders will have to pay Earnest Money Deposit through online modes of payment only.

This payment will not be accepted by the department modes such as Cash, Cheque or Demand

Draft. Bidders who are using SB MOPS other banks Internet Banking are requested to make

online payment four days in advance. For online Payment related issues, Kindly send email with

Bank Reference Number to this email ID merchant@sbi.co.in. You may also contact 022-

27560149 for clarifications.

If any assistance is required regarding e-Tendering (registration/upload/download) please contact

GoM

e-Tendering Help Desk

For any technical related queries please call at 24 x 7 Help Desk Number

0120-4200462, 0120-4001002, 0120-4001005, 0120-6277787.

International Bidders are requested to prefix 91 as country code. Note- Bidders are requested to

kindly mention the URL of the Portal and Tender Id in the subject while emailing any issue along

with the Contact details. For any issues/ clarifications relating to the tender(s) published kindly

contact the respective Tender Inviting Authority.

Tel : 0120-4200462, 0120-4001002, 0120-4001002, 0120-6277787

E-Mail : support-eproc {at}nic{dot}in

2. Background

MMB is interested to procure Passenger Ferry for passenger transit within port limits and request proposal from qualified Companies/ Firms/ Consortiums across globe. The scope of work includes supply, transport, deliver and commission of Passenger ferry vessel in Maharashtra, India. Details of the Vessel and requirements are specified as under:

.

In this regard, The Maharashtra Maritime Board (MMB) invites online offers through e-tendering

process from reputed Companies/ Firms/ Individuals with prior experience.

No. of Vessel Passenger Capacity

one 100

3. Details of Ferry Passenger Vessels

3.1 General

The fast passenger ferry boat will have a capacity of 100 passengers.

Attention to be given to Provisions for Disabled Persons

The vessel has to comply with all required national and international regulations and specifications.

The Vessel to be classed with any of the RO (Recognized Organization) authorized by the DG Shipping and shall be designed, equipped and built to the latest class specifications for the intended services.

Propulsion of the vessel should be preferably equipped by means of two diesel engines, driving fixed pitched propellers through a gearbox.

Approved type of Hydraulic Steering System shall be fitted.

The vessels speed should be at least 15 knots

Loaded draft of vessel should not exceed 3 meters

The vessel should not be more than 5 years old.

3.2 Main Particulars of the vessel to be specified by Manufacturer/Owner/Operator

Overall Length

Hull Length

Beam (Moulded)

Beam (Extreme)

Draft at Design Load (DWL)

Draft at Design Load (USK)

Main Engines (Twin Screw propulsion)

Speed

The above specifications shall be in accordance with the carrying capacity of the vessel (details need to be provided by the Manufacturer/Owner/Operator as part of Annexure IX).

3.3 Classification

The vessel shall be built under survey by any of the RO (Recognized Organisation) authorized by the DG Shipping and to the requirements of the applicable Classification Society. All requirements in connection with the design of hull, accommodation, firefighting, lifesaving appliances, freeboard calculation, stability calculation, etc, shall comply with the latest rules and regulations, Standard Specifications, etc, for the relevant Class of Vessel for the intended operating area.

3.4 Certificates All necessary certificates issued by the Classification Society and the Builder shall be provided to the Buyer. The following are to be included to the extent applicable:

Builder’s Certificate.

Classification Certificate (Hull , Machinery &Equipment where applicable )

Certificate for all materials & equipment surveyed for Classification and/or relevant Authorities.

Main Engine, Gear Box & other Machinery Test Bed Trial Certificates.

Freeboard Certificate if issued by Statutory.

3.5 Capacities and Dead weight

The bidder shall confirm with all standards and provide calculations for the capacities and deadweight considered for designing of vessel

3.6 Performance

The ship, with freshly painted hull, at a mean draft in smooth deep waters and with the engines developing maximum rated continuous output of 15 knots

4. Scope of work MMB is interested in procuring of the passenger ferry from Global Companies/ Firms/ Consortiums. MMB has requirement of one passenger ferry to ply within the port limit. Supply, transport, delivery and commissioning of Passenger ferry vessel in Maharashtra, India will be the responsibility of the Manufacturer/Owner/Operator. Details of the vessel and requirements are specified as under: No. of Vessel Passenger Capacity

One 100

The Successful Bidder will also be required to submit performance guarantee in form of Bank guarantee (2% of the Vessels cost) prior to signing of contract valid for period of one year. The Contractor will have to follow all the statutory rules, regulations and acts for supply and commissioning of the passenger ferry keeping the safety and security of passengers in mind. The bidder along with the technical proposal should also submit detailed schedule of delivery of the ship at the site` Following tests are to be conducted before delivery of the Vessel: Inclining Experiment

The lightweight, vertical and horizontal centre of gravity of the vessel is to be determined by means of an inclining experiment.

Upon completion of the vessel construction and before sea trials, inclining experiment shall be carried out as per approved procedure in the presence of the Owner and Classification Society’s/ Statutory Authority’s Surveyor. The results of these tests shall be calculated/ tabulated and submitted by the Designer to the Classification Society/ Statutory Authorities for final approval.

During the inclining experiment, the vessel shall be in a suitable condition. No loose water or oil is to be on board and all shipyard equipment, rubbish, etc, should be removed and

vessel shall float freely. Trim & Stability Booklet

The vessel shall have sufficient positive stability under all normal loading conditions of the ship as specified by relevant Rules.

The results of the inclining experiment are to be used in the trim and stability calculation of the vessel. The stability data is to include loading conditions sufficient to cover all normal operating conditions and ballast condition.

Stability booklet shall be prepared and submitted by the Successful bidder to the Classification Society for approval.

Dock and Sea Trials

All tests and trials shall be carried out at Successful Bidders cost including the cost of diesel used for trials.

Shop tests: o All major machinery is to be tested at the respective manufacturers’ works as per

their standard practice.

Basin Trials: o In case of New built vessel, as soon as the vessel is sufficiently constructed, the

vessel will undergo basin trials during which the main and auxiliary machinery equipment and systems shall be tested to the extent possible as per the requirements of the Classification Society and the Yard’s standard practice.

Inclining Test: o An inclining test will be carried out with the vessel in a state as complete as

practicable to determine the Vessel’s light weight and position of centre of gravity.

Sea Trials: o Upon completion of the vessel, the Builder shall carry out trials at Builder’s cost.

This shall be conducted in the port area. The trials shall be conducted in the presence of the representatives of the Classification Society as well as representative of the Buyer and to the complete satisfaction of the Classification Society. In the event of any defects being found during the said sea trials, the Builder shall rectify the same at his own cost and expense, and after rectification, give another performance trial if so considered necessary.

o The trials shall consist of: Endurance trials for 4 hours. Speed trials at full engine RPM Crash stop from full speed ahead Turning circle on port and starboard side Anchor tests. Astern trials. Bilge /ballast trials.

All the trials shall be carried out as per requirements of the Classification Society and the Yard’s standard practice, and at a maximum practicable draft by taking full ballast water.

In case of new built vessel, on satisfactory completion of trials, the Buyer shall take delivery of the vessel and sign the “Protocol of Delivery and Acceptance”. On signing the “Protocol of Delivery and Acceptance”, the title and risks of the Vessel shall pass on to the Buyer.

5. General terms and conditions 5.1 The application fee for the Request for Proposal (RFP) is INR 3 , 0 0 0 / (Indian

Rupees three thousand only) to be paid through Online Payment Modes i.e. Net Banking/

debit card and shall be non-refundable.

5.2 The applicant shall also have to deposit Earnest Money Deposit (EMD) of INR.7,00,000

(Indian Rupees seven lakhs only) to be paid through. Net Banking. The EMD of the

Successful Bidder will be retained by MMB (without interest) till submission of the

performance guarantee. The EMD of unsuccessful applicants shall be returned (also

without interest) within 30 days from the issue of Letter of Award to the Successful Bidder.

6. Performance Guarantee:

6.1 The Successful Bidder shall, within 15 (fifteen) days from the Letter of Award, required

performance guarantee for amount equal to 2% of the price of the ferry boat.

6.2 In the event of Bidder’s failure to discharge its obligations under the Agreement between

MMB and the Bidder, the Security Deposit shall be forfeited.

6.3 The Bidders are expected to carry out their own surveys, investigations and other detailed

examination at their own cost before submitting their Bids.

6.4 MMB reserves the right to reject any or all of the Bids without assigning any reasons

thereof and the decision of MMB would be final and binding on the Bidders.

7. Special terms and conditions

7.1 Evaluation Criteria:

The selection of the consultant will be based on a QCBS (Quality cum Cost Basis)

process. The bidder achieving the highest combined technical and financial score will

be invited for negotiations. Every bidder/consortium (maximum member allowed in

consortium are two in numbers) should meet the minimum requirement as below:

I. Technical Qualifications :

a) The Bidder may be firms/Individuals/companies/Consortiums/ liability partnership firm

or a private company

b) The Bidders shall not be blacklisted by any Government Agency in India/ Abroad at

the time of due date of Submission of Bid.

c) The Bidders shall not be under a declaration of ineligibility for corrupt and fraudulent

practices by the Central/ State Government, or any PSU in India.

d) In case of consortium for purpose of technical qualification, lead member should

satisfy all the above criteria individually.

e) The vessel owner should be registered owner.( i.e. the owner should have vessel

Registration certificate (VRC) for vessel registered in his name)

f) The age of the vessel must be less than 5 years from the date of keel laid.

g) The specifications of the vessel should be as per Clause No. 3 of RFP document.

h) The ferry should have all valid statutory and trading certificates issued from

recognized organizations.

i) It is mandatory for bidder to do site visit to get idea of technical specifications

required for vessel to be supplied.

II. Financial Qualifications:

a) The Bidder’s net worth should be at least Rs.10 crores for FY 2017-18. A certificate

from Chartered Accountant shall be submitted as a proof.

b) In case of consortium for purpose of financial qualification, consortium members

should jointly satisfy the above criteria.

7.2 Evaluation Criteria for technical proposal:

The Technical Proposal will be evaluated based on the following criteria.

Serial No. Evaluation Parameter Total Marks

1. Age of the vessel 25 marks

2. Speed 25 marks

3. Fuel consumption 25 marks

4. Endurance 15 marks

5. If owner is also manufacturer also 10 marks

6. TOTAL MAXIMUM 100 Marks

The bidder should score minimum sixty (60) marks out of 100 marks to be

technically qualified.

7.3 Scoring Criteria of Technical Proposal: Scoring Criteria: (Technical bid)

Serial No. Head Total Marks

1. Age of the vessel Less than 5 years up to 2 years : 15 marks

Less than 2 years up to 1 years : 20 marks

Less than 1 year : 25 marks

2. Speed From 15 to 20 Knots : 15 marks

From 20 to 25 Knots : 20 marks

Above 25 Knots : 25 marks

3. Fuel consumption Less than 75 litres per hour : 25 marks

From 75 litres to 100 per hour : 20 marks

More than 100 litres per hour : 15 marks

4. Endurance 10 to 12 hours of sailing time: 8 marks

12 to 24 hours of sailing time : 12 marks

Above 24 hours of sailing time : 15 Marks

5. Is owner a manufacturer also If Yes, then 10 marks ; else zero marks

Note: The bidder should necessarily provide documentary evidences for its

credentials and all the assignments. (CA Certificates for firms’ financials

should be submitted.

7.4 Scoring Criteria of Financial Proposal:

Based on technical and financial assessment, bidders shall be shortlisted for opening the financial proposals. The Financial Proposal will be submitted as per the format given in Annexure V.

In the Financial Proposal, the bidders are required to quote their price of the vessel at which vessel can be offered to MMB as below:

No. of Vessels

Passenger Capacity

Price bid (in INR in figures)

Price bid (in INR in words)

One 100

The contractor may quote for category as per the format given in Annexure V. The amount shall be quoted in Indian Rupee only. In case of any discrepancies in the prices mentioned in the figure and word, the fees mentioned in words would be considered as final fee quote. The lowest evaluated Financial Proposal (Fm) will be given the maximum financial score (Sf) of 100. The formula for determining the financial scores (Sf) of all other proposals is calculated as

following:

Sf = 100 x Fm/ F, in which “Sf” is the financial score, “Fm” is the lowest price, and “F” the

price of the proposal under consideration.

7.5 Evaluation of final score:

The weights given to the Technical (T) and Financial (P) Proposals are:

T = 70% P = 30%

Proposals will be ranked according to their combined technical (St) and financial (Sf)

scores using the weights (T = the weight given to the Technical Proposal; P = the weight

given to the Financial Proposal; T + P = 1) as following: S = St x T% + Sf x P%.

The bidder achieving the highest combined technical and financial score will be

invited for negotiations.

The CEO, MMB, however, reserves the right to reject any or all the bids received, without

assigning any reasons and any liability to MMB.

8. Duties and Responsibilities of Selected Bidder 8.1 The Bidder shall be solely and exclusively responsible for engaging or employing persons

for the execution of work. All disputes or differences between the Bidder and his / their

employees shall be settled by the Bidder. The Bidder shall abide by prevalent Labour Laws

as applicable.

8.2 MMB will have absolutely no liability whatsoever concerning the employees of the Bidder.

The Bidder shall indemnify MMB against any loss or damage or liability arising out of or in

the course of the Bidder employing persons or in relation with the Bidder's employees.

8.3 The Bidder shall advise in writing or in such an appropriate way to all of the Bidder's

employees and any other persons engaged by him that their appointment/employment is

not by MMB but by the Bidder and that their present appointment is only in connection with

the contract with MMB and that therefore, such an employment / appointment would not

enable them or make them eligible for any employment with MMB either temporarily or/and

permanent basis.

8.4 All required licenses would be taken by the bidders and at their own cost.

9. Preparation and Submission of Bid

a) Language:

The Bid and all related correspondence and documents should be written in the

English language.

b) Format and Signing of Bid:

Each Bid shall have to be prepared and submitted in accordance with provisions of this

tender document. The Bid shall comprise of 2 (two) submissions:

Submission 1: Technical Qualification Submission 2: Commercial Proposal

Submission 1: Technical Qualification

a) The Earnest Money Deposit (EMD) of INR.7, 00,000 /- (Indian Rupees Seven Lakhs only) to

be paid through Net Banking submission. Also the Tender Document fee of INR. 3,

000/- (Indian Rupees Three Thousand only) to be paid through Net Banking on

downloading the tender document.

b) Technical qualification in the prescribed format along with Annexures and supporting

documents relevant to the information asked in any of the Annexures, should be

uploaded on e-Tender web portal. Following is an indicative list of documents to be

uploaded;

Certified true copy of the incorporation certificate of the Single Entity; In the case

of a Consortium, certified true copy of the incorporation certificate of each of the Members of the Consortium; and

Certificate from a Chartered Accountant demonstrating net worth for year 2017-18

Copy of Permanent Account Number

Copy of GST Certificate, if applicable

Anti-Blacklisting Certificate on Stamp paper of INR 100/- (as per format prescribed

in Annexure‐V)

Undertaking (as per format prescribed in Annexure‐VII)

c) Power of Attorney for signing of Bid in the format at Annexure‐III;

Submission 2: Commercial Proposal

a) The Commercial Proposal shall be uploaded in the format specified at Annexure-V.

b) It may be noted that Bids, which do not contain the Commercial Proposal as specified

above, would be considered as invalid and liable for rejection.

c) All Interested bidders are required to be enrolled on portal before downloading

tender documents and participate in e-tendering and familiarize themselves with the

use of the e-Tendering portal

d) All or any one of the Bids may be rejected by MMB.

e) Originals must be produced for verification, whenever required by MMB.

f) The Bidder shall not put any counter conditions. Any counter offer as well as any

alterations in the work/ scope of work, as specified in the tender, shall disqualify the

bidder forthwith.

g) The Bid shall be prepared, signed and submitted only by such Firm/ Company/

consortium etc. whose name the Request for Proposal (RFP) documents have been

purchased.

h) 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.

10. Opening of Bids

10.1 For the purpose of qualifying under Submission 1, the Bidder shall have to demonstrate the

minimum financial qualification and Technical qualification as stipulated under this Request

for proposal (tender) document.

10.2 If the Bidder does not meet the minimum Financial qualification and Technical qualification

as specified then the Bidder shall be disqualified from the Bidding Process and the Bid

Security of such Bidder shall be returned and their Commercial Proposals shall not be

opened.

10.3 Incomplete Bids submitted with qualifying conditions or with conditions at variance with the

Terms and Conditions of this notice will be liable to be rejected.

10.4 In the event of a tie, the concerned bidders would be invited for negotiations and asked to

revise their rates. Post-negotiations, the Bidder who offers the maximum rent amount to

MMB would be declared as the Successful Bidder.

10.5 The Successful Bidder shall be issued the Letter of Award within seven (7) days from the

date of acceptance of the price bid.

10.6 The Selected Bidder shall, within 7 (seven) days of the receipt of the LOA, sign and return

the duplicate copy of the LOA in acknowledgement thereof. In the event the duplicate copy

of the LOA duly signed by the Selected Bidder is not received by the stipulated date, MMB

may, unless it consents to extend time for submission thereof, appropriate the Bid Security

of such Bidder as Damages on account of failure of the Selected Bidder to acknowledge

the LOA, and the next eligible Bidder may be considered.

11. Signing of Agreement

Within Thirty (30) days from the date of issuance of the Letter of Award and on

compliance of terms & conditions of the LOA, by the successful bidder, a formal

agreement shall be entered into, between MMB and the Successful Bidder. The

date of commencement of contract shall be mentioned in the Agreement.

12. Payment Terms

100% payment of Capital cost of the Ferry boat price- (Inclusive of all taxes except GST)

will be made only after successful installation, commissioning and trials of the project.

13. Liquidated damages An LD at the rate of 0.5% per week of the tender value will be levied for late delivery of the

implementation of the entire project.

Timely completion of all the work/job and providing the required personnel/material/equipment/

services covered in the contract as per the timelines stipulated in the work order, shall be the

essence of the contract. In the event of failure to execute the contract within the scheduled time,

liquidated damages will be levied on the total value of the contract at the rate of 0.5% per week or

part thereof, subject to a maximum of 10% of the total contract value, as an agreed pre-

estimate of the damage suffered. After that, if the delay continues, the contract may be

terminated after forfeiting Performance Security and blacklisting of the firm & persons.

14. Liability

14.1 Except as otherwise expressly provided, neither MMB nor its servants, agents, nominees,

shall have any liability or responsibility whatsoever to whomsoever for loss or damage to

the equipment and/or loss or damage to the property of successful bidder and/or its sub-

contractors, irrespective of how much loss or damage is caused unless caused by willful

and gross negligence of MMB and/or its servants, agents, nominees, assignees.

14.2 The successful bidder shall protect, defend, indemnify and hold harmless MMB from and

against such loss or damage and any suit, claim or expense resulting there from.

14.3 Neither MMB nor its servants, agents, nominees, assignees, sub-contractors shall have

any liability or responsibility whatsoever for injury to, illness, or death of any employee of

the successful bidder irrespective of how such injury, illness or death is caused unless

caused by willful and gross negligence of MMB and/or its servants, agents, nominees,

assignees. The successful bidder shall protect, defend, indemnify and hold harmless MMB

from and against such loss or damage and any suit, claim or expense resulting there from.

15. Termination

15.1 MMB may terminate the contract anytime during the period of contract for any of the below-

mentioned reasons which would be recorded in the letter of termination. If the selected

bidder/consortium has:

a) abandoned the contract;

b) failed to maintain the performance standards set by MMB;

c) failed to rectify the defects and deficiencies pointed out by the Engineer-in-Charge

within the time limit set forth for rectifying such defects and deficiencies;

d) neglected or failed to observe and perform all or any of the terms, acts, matters or

things under this contract, to be observed and performed by the contractor;

e) acted in any manner to the detrimental interest, reputation, name or prestige of

MMB;

f) become untraceable;

g) been declared insolvent/bankrupt;

h) without authority, acted in violation of the terms and conditions of this contract and

has committed breach of the terms of contract in the best judgment of MMB.

15.2 The contract shall also stand terminated, if any winding-up proceedings are initiated

against the bidder/consortium members.

15.3 When the contract is terminated by MMB for all or any of the reasons mentioned above, the

company/consortium shall not have any right to claim any compensation on account of

such termination. On termination of such Contract, MMB shall have the right to appropriate

the EMD towards the amount due and payable by the company/consortium, as per the

conditions of the contract and return to the contractor excess money, if any, left over.

16. Dispute Resolution

All disputes and differences whatsoever arising between the parties out of or relating to the

construction, meaning and operation or effect of this Tender and consequent Contract or the

breach thereof shall be mutually settled. However, in case no such mutual settlement is arrived

at, the matter shall be settled by arbitration in accordance with the provision of arbitration of the

Indian Arbitration & Conciliation Act, 1996 and any statutory modification or re-enactment

thereof and the Rules made there under and for the time being in force. The venue of arbitration

shall be at Mumbai unless otherwise agreed by Maharashtra Maritime Board.

17. Applicable law

The contract arising out of this tender shall be interpreted in accordance with the Law of India in

Mumbai Jurisdiction only.

18. Miscellaneous

MMB, in its sole discretion and without incurring any obligation or liability, reserves the right, at any

time, to:

a) Suspend and/or cancel the Selection Process and/or amend and/or supplement the

Selection Process or modify the dates or other terms and conditions relating thereto;

b) Consult with any Bidder in order to receive clarification or further information;

c) Retain any information and/or evidence submitted by, on behalf of and/or in relation to

any bidder; and/or

d) Independently verify, disqualify, reject and/or accept any and all submissions or other

information and/or evidence submitted by or on behalf of any bidder.

19. Annexure – I

(On letter head of the Bidder) To

Chief Executive Officer (CEO),

Maharashtra Maritime Board (MMB)

Indian Mercantile Chambers,

3rd Floor, Ramjibhai Kamani Marg,

Ballard Estate, Mumbai - 400001.

Subject: Selection of bidder for supply of Passenger Ferry boat

Sir,

1. Being duly authorized to represent and act for and on behalf of (herein the

Bidder), and having studied and fully understood all the information provided in this

Request for Proposal (RFP), I…………………….. the undersigned hereby apply as a

Bidder for the “Selection of bidder for supply of Passenger Ferry boat” according to

the terms and conditions of the offer made by Maharashtra Maritime Board.

2. Maharashtra Maritime Board is hereby authorized to conduct any inquiries/ investigation to

verify the statements, documents and information submitted in connection with the Bid.

3. This Bid is made with full understanding that:

a) MAHARASHTRA MARITIME BOARD reserves the right to reject or accept any

Bid, modify/ cancel the bidding process, and/or reject all or any of the Bids.

b) MAHARASHTRA MARITIME BOARD shall not be liable for any of the above

actions and shall be under no obligation to inform the Bidder of the same.

c) In case our offer is accepted and if we fail to pay the amount in the manner

specified by MAHARASHTRA MARITIME BOARD, the amount of Earnest

Money and any further installments paid by us under this offer shall stand

absolutely forfeited by MAHARASHTRA MARITIME BOARD.

4. I, the undersigned do hereby declare that the statements made, and the information

provided in the duly completed Bid forms enclosed are complete, true and correct in

every aspect.

5. We have read the terms and conditions of the offer detailed in the Request for Proposal

and are willing to abide by them unconditionally.

6. The offer made by us is valid for 360 days from the Bid Submission Date. We

understand that MAHARASHTRA MARITIME BOARD may require us to extend the

validity of the bid for such period as may be determined by MAHARASHTRA MARITIME

BOARD at its discretion.

Name:

For and on behalf of

(Name of Bidder)

20. Annexure - II

(Bidder details)

1. Particulars of the Bidder

a) Name:

b) Country of Incorporat ion I Nationality (as applicable):

c) Address of the corporate headquarters and its branch office(s), if

any, in India (as applicable):

d) Date of incorporation and/or commencement of business (as applicable):

e) The following documents are to be provided:

i. Certificate of Incorporation

ii. Audited Annual reports of last 3 financial years:

iii. Tax returns of last 3 financial years

iv. Copy of Permanent Account Number:

v. Copy of VAT Registration number

vi. Copy of Service Tax Registration number

vii. Statutory auditor certificate for

turnover viii. certificates of eligible

experience

2. Details of Authorized signatory of the Bidder

a) Name:

b) Designat ion (as applicable):

c) Address:

d) Telephone No./ Fax no.:

e) Email

3. Net worth Details (as applicable)

Year Net Worth (INR in Crores)

4. Details of person employment dealing with such operations/service:

a) Name:

b) Designat ion (as applicable):

c) Address:

d) Telephone No./ Fax no.:

e) Email

f) Number of years with the firm

g) Total number of years of experience

h) Details of previous employment starting with current employment

Signature of the Authorized Signatory of the Bidder Full Name Designation (as applicable) Name of the Company (as applicable) Address Date

21. Annexure‐III

(on non‐judicial stamp paper of INR 100)

Power of Attorney for signing of Bid

Know all persons by these presents, [We …………………………………………….. (name of

the company) incorporated under the laws of India and having its registered office at [ ]

“Company”] do hereby irrevocably constitute, nominate, appoint and authorize Mr. /Ms

(name), …………………… son/daughter/wife of ……………………………… and presently

residing at …………………., who is presently employed with us and holding the position of

……………………………. , as our true and lawful attorney (hereinafter referred to as the

“Attorney”) to do in our name and on our behalf, all such acts, deeds, matters and things as

are necessary or required in connection with or incidental to submission of our Bid for “Selection

of bidder for supply of Passenger Ferry boat” pursuant to the RFP dated [__] (“RFP”) issued

by the (the “Authority”) and for our

selection as Successful Bidder including but not limited to signing and submission of all Bids

and other documents and writings, participate in pre-bid conferences and other conferences

and providing information/responses to the Authority, representing us in all matters before the

Authority, signing and execution of all contracts including the Concession/License Agreement

and undertakings consequent to acceptance of our Bid, and generally dealing with the Authority in

all matters in connection with or relating to or arising out of our Bid for the said Project and/or

upon award thereof to us and/or till the entering into of the Concession Agreement with the

Authority.

AND

we hereby agree to ratify and confirm and do hereby ratify and confirm all acts, deed, matters and

things lawfully done or caused to be done by our said Attorney pursuant to and in exercise

of the powers conferred by this Power of Attorney and that all acts, deeds and things done

by our said Attorney in exercise of the powers hereby conferred shall and shall always be

deemed to have been done by us.

Capitalized terms not defined herein shall have the meaning assigned to them under

the RFP. IN WITNESS WHEREOF, ………………………….,

THE ABOVE NAMED PRINCIPAL HAVE EXECUTED THIS POWER OF ATTORNEY ON THIS ……… DAY OF …………., 2….. For ……………………….. (Signature) (Name, Title and Address)

Witnesses:

(Notarized)

Accepted

…………………………… (Signature)

(Name, Title and Address of the Attorney)

Notes:

1. The Power of Attorney for signing of Bid must be submitted in original

2. The mode of execution of the Power of Attorney should be in accordance with the

procedure, if any, laid down by the applicable law and the charter documents of the

executant(s) and when it is so required, the same should be under common seal affixed in

accordance with the required procedure.

3. Wherever required, the Bidder should submit for verification the extract of the charter

documents and documents such as a resolution/ power of attorney in favor of the person

executing this Power of Attorney for the delegation of power hereunder on behalf of the

Bidder.

4. For a Power of Attorney executed and issued overseas, the document will also have to be

legalized by the Indian Embassy and notarized in the jurisdiction where the Power of

Attorney is being issued. However, the Power of Attorney provided by Applicants from

countries that have signed the Hague Legislation Convention 1961 are not required to be

legalized by the Indian Embassy if it carries a conforming Appostille certificate.

22. Annexure-IV Commercial Proposal

Bidding criteria

No. of Vessels

Passenger Capacity

Price bid (in INR in figures)

Price bid (in INR in words)

One 100

* In case of any discrepancy, the amount quoted in words will be considered as final bid amount.

WE FURTHER ACKNOW LEDGE AND AGREE THAT:

a) This offer is valid for a period of 360 days from the Bid Submission Date or such

extended date as may be determined by MAHARASHTRA MARITIME BOARD.

b) I/We have read and understood the terms and conditions of the Request for

Proposal and documents and hereby unequivocally and unconditionally accept the

same.

c) I/We understand that you are not bound to accept any proposal you receive. d) In case our offer is accepted and if we fail to fulfill our scope of work, the amount of

Performance Security under this offer shall stand absolutely forfeited by

MAHARASHTRA MARITIME BOARD.

e) The decision of MAHARASHTRA MARITIME BOARD concerning this transaction shall be

final and binding on us.

We hereby declare that the information stated hereinabove is complete and correct and any

error or omission therein, accidental or otherwise, will be sufficient justification for

MAHARASHTRA MARITIME BOARD to reject our Bid and/or to cancel the award.

Signature of the Authorized Signatory of the Bidder Full Name Designation (as applicable) Name of the Company (as applicable) Address Date

23. Annexure‐V

ANTI BLACKLISTING CERIFICATE

(on a stamp paper of INR 100/-) I M/s. ……………… (Name of the Bidder), (the names and addresses of the registered office)

hereby certify and confirm that we or any of our promoter/s / director/s are not barred by

Government of India (GoI) / any other entity of GoI or blacklisted by any state government/

department / local government / agency in India or from abroad from participating in Project/s,

as on the (Bid Submission Date).

We further confirm that we are aware that our application for the captioned project would be

liable for rejection in case any material misrepresentation is made or discovered with regard to

the requirements of this RFP at any stage of the Bidding Process or thereafter during the

agreement period.

Dated:

Name and seal of the Bidder:

Sign of the authorised person:

Name of the designation of Authorised person:

24. Annexure‐VI

Undertaking

It is certified that the information furnished here in and as per the document submitted is true

and correct and nothing has been concealed or tampered with. We have gone through all the

conditions of RFP and are liable to any punitive action for furnishing false information /

documents.

Dated:

Name and seal of the Bidder:

Sign of the authorised person:

Name of the designation of Authorised person:

25. Annexure VII

Main Particulars of the vessel to be specified by bidder

Overall Length

Hull Length

Beam (Moulded)

Beam (Extreme)

Draft at Design Load (DWL)

Draft at Design Load (USK)

Main Engines (Twin Screw propulsion)

Speed

The above specifications shall be in accordance with the carrying capacity of the vessel (full details need to be provided by the contractor consisting of above and all other details as bound necessary).