GNIT No.01/MO/2018 Central Board of Excise & Customs, Directorate of Logistics, New Delhi, India Government of India Ministry of finance, Department of Revenue Central Board of Excise and Customs Directorate of Logistics 4th Floor, ‘A’ Wing, Lok Nayak Bhawan, Khan Market, New Delhi-110511. Phone: 011-24693529 Fax: 011-24697497 GLOBAL NOTICE INVITING E-TENDER (GNIT) FOR COMPREHENSIVE ANNUAL MAINTENANCE FOR 22 CATEGORY-II VESSELS FOR A PERIOD OF 5 YEARS E-Tender No. 01/MO/2018 Dated 29.01.2018 Period during which the tender enquiry 29.01.2018 to 15.03.2018 document will be available on official website www.cbec.gov.in www.dolcbec.gov.in http:/ /eprocure.gov.in Closing date for seeking clarification 1500 hours on 12.02.2018 Place of receipt of tenders Online Submission on http:/ /eprocure.gov.in Address for Submission of Tender Fees/EMD In favour of “PAO, O/o the Pr. C.C.A., CBEC.” Payable at New Delhi Address Directorate of Logistics, 4th Floor, ‘A’ Wing, Lok Nayak Bhawan, Khan Market, New Delhi-110511 Tender fees/EMD As per Para 5(A) (i) & (ii) of Section III Date of submission of tender 1300 hours on 15.03.2018 Time and date of opening of tenders 1500 hours on 16.03.2018 Place of opening of tenders Online opening at http:/ / eprocure.gov.in 1 | Pag e76 GNIT No.01/MO/2018 Central Board of Excise & Customs, Directorate of Logistics, New Delhi, India INDEX Section No. Name of the Section Page No. Section-I Global Notice inviting E-Tender (GNIT) 3 Section-II General Instructions to Tenderers (GIT) 5 Section-III Other Instructions and Special Conditions of the Contract (SCC) 18 Section-IV Port of Deployment of vessels. 24 Section-V Qualification criteria. 25 Section-VI Price Schedule. 27 Section-VII Technical Specifications. 28 Section-VIII Scope of work for CCAMC. 32 Section-IX Date of effectiveness and validity of CCAMC. 43 Procedural aspects relating to attendance of maintenance schedule Section-X 44 and repairs / rectification of defects under CCAMC. Section-XI Contract price, terms of payment and price adjustment. 47 Section-XII Conditions for termination of CCAMC. 49 Section-XIII Arbitration and Jurisdiction. 50 Section-XIV General information on Shipyard / Company and Management. 51 Form 1 - Tender Form. 53 Form 2 - Tender Form (Bid Proposal Sheet). 59 Form 3 - Bank Guarantee Form for EMD. 61 Form 4 - Bank Guarantee Form for Performance Security. 62 Section-XV Form 5 - Manufacturer‘s Authorization Form. 64 Form 6 - Pre Contract Integrity Pact. 65 Form 7 - Letter of Comfort from its Banks / lending institutions 72 indicating to provide necessary financial support. Annexure-I Log Book Format 73 Annexure-II Actual Running Time Detail 74 Annexure-III Verification Report 75 2 | Pag e76 GNIT No.01/MO/2018 Central Board of Excise & Customs, Directorate of Logistics, New Delhi, India SECTION –I GLOBAL NOTICE INVITING E-TENDER THROUGH E-PROCUREMENT FOR CENTRALISED COMPREHENSIVE ANNUAL MAINTENANCE FOR 22 IN NUMBER CATEGORY- II VESSELS E-Tender No. 01/MO/2018 Dated 29.01.2018 Tender 1. For and on behalf of President of India, Commissioner, Directorate of Logistics, Customs and Central Excise, Ministry of Finance, Department of Revenue, Govt. of India having its office at 4th floor, ‘A’ Wing, Lok Nayak Bhawan, Khan Market, New Delhi 110511 invites e-tenders valid up to 180 days from the date of opening of tender, in two parts, namely, (1) Technical Bid and (2) Price Bid from Tenderers, who meet the qualification as per instructions / criteria laid down in Section II, III & V for Centralised Comprehensive Annual Maintenance for 22 in number Category-II Glass Reinforced Plastic (GRP) Hull vessels of 13 m length for a period of 5 years, under Two bid system from the Original Manufacturer of these boats or manufacturers of similar boats or other interested parties having experience & expertise in providing maintenance for such vessels fitted with equipment and machineries as specified in Section VIII and associated systems, tanks, hull structure, safety devices, instrumentation, fitted and portable fire-fighting systems etc and also miscellaneous equipment, systems, house hold items etc that have not been explicitly mentioned here but exist onboard. The tenderers are also required to have necessary arrangements in place, by way of a MoU, valid for atleast 08 years from the closing date for submission of this tender, with the respective OEMs / authorized Indian reps of the OEMs of the major equipments and machineries fitted onboard to ensure supply of genuine spares for the maintenance / repairs of the subject boats. The same is to be enclosed with the technical bid. 2. The tender enquiry documents will be available on official website (www.cbec.gov.in, www.dolcbec.gov.in and http://eprocure.gov.in from 29.01.2018 to 15.03.2018. Last date for receiving clarification on tender is 12.02.2018 up to 1500 hrs. The pre-bid conference will be held on 15.02.2018 at 1100 hrs at the address given below at Para 6. 3. The tenders can be submitted online only at http://eprocure.gov.in upto 1300 hours on 15.03.2018. 4. The tenders will be opened online at http://eprocure.gov.in at 1500 hours on 16.03.2018. 5. Interested Tenderers may download the tender enquiry documents (TED) and submit their tenders online at Central Public Procurement Portal website: https://eprocure.gov.in/eprocure/app 6. Earnest Money Deposit (EMD) of Rs.42,00,000/-(Rupees Forty Two Lakh only) valid for a period upto 45 days beyond the validity period of the tender in the form of Bank Guarantee from a Scheduled Commercial bank and a non-refundable Tender fee of Rs.5,000/- in the form of account payee demand draft / bankers cheque, drawn on a scheduled commercial bank in India, in favour of “PAO, O/o the Pr. C.C.A., CBEC.” Payable at New Delhi, must reach at the address given below by 1300 hours on 16.03.2018. Tenderers, however, have to 3 | Pag e76 GNIT No.01/MO/2018 Central Board of Excise & Customs, Directorate of Logistics, New Delhi, India attach scanned copies of EMD & Tender fee along with the Technical bid of their e-tender. Additional Director (Marine) Directorate of Logistics, Customs and Central Excises, 4th Floor, ‘A’ Wing, Lok Nayak Bhawan, Khan Market, New Delhi – 110511 7. In the event of any of the above mentioned dates being subsequently declared as a holiday / closed day for the purchase organization, the tenders will be opened on the next working day at the scheduled time. 8. The following tenders will be treated as non-responsive and rejected at the initial stage itself. (a) Tenders received without EMD. (b) Tenders received without the Tender fee. 9. The undersigned reserves the right to withdraw, split, modify and / or cancel the tender or reject any tender or all the tenders without assigning any reasons whatsoever. Sd/- Commissioner For and on behalf of the President of India Phone: 011-24693529 Fax: 011-24697497 4 | Pag e76 GNIT No.01/MO/2018 Central Board of Excise & Customs, Directorate of Logistics, New Delhi, India SECTION - II GENERAL INSTRUCTIONS TO TENDERERS (GIT) A. PREAMBLE 1. Introduction (a) The scope of work for the CCAMC is as mentioned in Section VIII. (b) This section gives instructions to Tenderers regarding preparation and submission of e-tenders and explains the mode and procedure to be adopted for receipt and opening, scrutiny and evaluation of tenders and subsequent placement of contract. (c) Failure to provide the required information and / or failure to comply with the instructions in the tender documents may result in rejection of its tender. 2. Definitions and Abbreviations (a) The following definitions and abbreviations used in these documents shall have the meaning as indicated below: Definitions: (i) Purchaser means the President of India acting through Commissioner, Directorate of Logistics, Customs & Central Excise, Ministry of Finance, Department of Revenue, 4th Floor, ‘A’ wing, Lok Nayak Bhawan, Khan Market, New Delhi 110511 and includes his successors in office, nominees, authorized representatives. (ii) Tender means quotation / bid received from a tenderer as per Section XV. (iii) AMC Contractor means the company or the firm providing AMC services. (iv) Services means services provided to carry out Operational maintenance and repairs i.e. monthly visit, hourly routine maintenance, Refit Repair and operational defect rectification excluding defects arising due to mishandling, accidents, Force Majeure and overhaul of components. (v) Earnest Money Deposit (EMD) means monetary guarantee to be furnished by a tenderer along with its tender. (vi) Contract means the written agreement entered into between the Purchaser and the AMC contractor together with all the documents mentioned therein and including all attachments, Annexures etc. therein. (vii) Performance Security / Security Deposit means monetary guarantee to be furnished by the successful tenderer for due performance of the terms of contract. (viii) User Commissionerates means the Commissionerate under whose 5 | Pag e76 GNIT No.01/MO/2018 Central Board of Excise & Customs, Directorate of Logistics, New Delhi, India jurisdiction, Vessels are deployed. (ix) "Inspecting Authority" means the authorised representative of the Department / Directorate to act as Inspecting Authority for the purpose of this contract. (x) "Test / Trial" means such tests as are prescribed in specifications of Main engines, Gear Boxes, ASD, Steering system and all other machineries / systems / items installed onboard. (xi) L1 means the bidder whose tender is the lowest. (xii) "Spare Parts" means the parts used to carry out maintenance of machineries of the vessels as mentioned in Section - VIII. (xiii) Integrity Pact means the pre-bid pre-contract agreement as per the format in Form - 6 which should be signed between the purchaser and the tenderer as required for tenders of Government of India. Abbreviations: BG Bank Guarantee CBEC Central Board of Excise & Customs CCAMC Centralised Comprehensive Annual Maintenance Contract CD Custom Duty EMD Earnest Money Deposit GCC General Conditions of Contract GIT General Instructions to Tenderers GPS Global Positioning System GOI Government of India GRP Glass Reinforced Plastic LD Liquidated Damages GNIT Global Notice Inviting Tenders OEM Original Equipment Manufacturer 3. Language of Tender. The tender and all subsequent correspondence shall be in English. 4. Eligible Tenderers. Only Tenderers who fulfill the qualification criteria specified in Section II, III & V are eligible to apply. 5. Tendering Expense. The tenderer shall bear all costs and expenditure incurred and / or to be incurred by it in connection with its tender including preparation, mailing and submission of its tender and for subsequent processing the same. The Purchaser will, in no case be responsible or liable for any such cost, expenditure, etc. regardless of the conduct or outcome of the tendering process. B. TENDER ENQUIRY DOCUMENTS 1. Content of Tender Enquiry Documents (a) In addition to Section I - Global Notice Inviting Tender (GNIT), the tender enquiry documents for the CCAMC for the 22 Category-II vessels 6 | Pag e76 GNIT No.01/MO/2018 Central Board of Excise & Customs, Directorate of Logistics, New Delhi, India include: Section II - General Instructions to Tenderers (GIT). Section III - Instructions and General Terms and Conditions for Bidders. Section IV - Port of deployment of vessels. Section V - Qualification criteria. Section VI - Price Schedule. Section VII - Technical Specifications. Section VIII - Scope of work. Section IX - Date of effectiveness and validity of CCAMC. Section X - Procedural aspects relating to attendance of maintenance Schedule and repairs / rectification of defects under CCAMC. Section XI - Contract price, terms of payment and price adjustment. Section XII - Conditions for termination of CCAMC. Section XIII - Arbitration and Jurisdiction in respect of CCAMC. Section XIV - Part-I: General information on Shipyard / Company and Management. Section XV - Form-I - Tender Form Form-2 - Price Bid Form-3 - Bank Guarantee Form for EMD Form-4 - Bank Guarantee Form for Performance Security Form 5 - Manufacturer’s / OEM’s Authorisation Form Form-6 - Pre Contract Integrity Pact Form-7 - Letter of Comfort from Bank (for Indian Bidders not having positive networth in the immediately preceding Financial year) (b) Details of the AMC services to be provided, the terms, conditions and procedure for tendering, tender evaluation, placement of contract, the applicable contract terms and conditions, also, the standard formats to be used for this purpose are incorporated in the above-mentioned documents. Tenderers are expected to examine all these details before submitting their tenders. 2. Amendments to Tender Enquiry Documents (a) Purchaser may, at any time prior to the deadline for submission of tenders, for any reason, whether at his own initiative or in response to a clarification requested by a prospective tenderer, modify the Tender Documents by issuance of Addenda or Corrigenda. They can be downloaded from the website www.cbec.gov.in or http://.eprocure.gov.in or www.dolcbec.gov.in (b) All such amendments shall be binding on the tenderer. The tender document shall be deemed to be amended only by way of the amendments mentioned above. Any other communication issued to the Tenderers shall not be construed as an amendment to the Tender Documents. (c) In order to give the prospective tenderer reasonable time to prepare their tenders as per the amendment, the Purchaser may, at its discretion extend the 7 | Pag e76 GNIT No.01/MO/2018 Central Board of Excise & Customs, Directorate of Logistics, New Delhi, India deadline for the submission of tenders and other allied time frames, which are linked with that deadline. 3. Integrity Pact. Prospective Tenderers have to sign a pre-bid, Pre-Contract Agreement called the Integrity Pact as per the format given in Form - 6 with the purchaser before submitting their tenders and in any case, at least two days prior to the last date for submission of tenders. For this purpose, they should send a letter or fax well in advance seeking a convenient date and time. 4. Clarifications on Tender Enquiry Documents. (a) Prospective Tenderers seeking clarifications on the tender document should submit their queries online by 12.02.2018 upto 1500 hrs. These queries would be answered in the pre-bid conference. (b) A Pre-Bid conference will be held on 15.02.2018 at 1100 hrs in the office of the Commissioner, Directorate of Logistics, 4th Floor, ‘A’ Wing, Lok Nayak Bhawan, Khan Market, New Delhi 110511. Tenderers or their authorized representative(s) may attend the Pre-bid conference. The authorized representative(s) who attend the Pre-Bid Conference should bring with them letters of authority from the tenderer they represent. (c) All clarifications provided at or in connection with the pre-bid conference shall be uploaded on the departmental website www.eprocure.gov.in. No queries and requests for clarifications will be entertained after the Pre-Bid Conference. C. PREPARATION OF E-TENDER 1. Documents comprising the tender (a) The e-tender shall be submitted online at Government of India’s Central Public Procurement Portal, http://eprocure.gov.in. The tender shall be submitted in two covers, First cover will contain Technical Bid and second cover will contain Price Bid. The detailed instructions on e-tender online bid submission are given at Section-XV of the tender document. (b) Technical Bid i.e. first cover, shall, inter-alia, contain the following: (i) Scanned copy of Tender fee as per instructions given in Section I (GNIT). (ii) Scanned copy of Earnest money furnished in accordance with clause C (4) (a) of this section or documentary evidence as per clause C (4) (b) for claiming exemption from payment of earnest money. (iii) Tender Form as per Form-1 of Section XV. (iv) Documentary evidence, establishing that the tenderer is eligible to submit the tender and, also, qualified to perform the contract if it’s tender is accepted. The documentary evidence needed to establish the tenderer’s 8 | Pag e76 GNIT No.01/MO/2018 Central Board of Excise & Customs, Directorate of Logistics, New Delhi, India qualifications shall be: (aa) The tenderer has to procure spare parts which are manufactured by the OEMs of the equipment and machineries fitted onboard Category-II boats. The tenderer shall submit the manufacturer’s authorization letter / MoU agreeing to supply of requisite spare parts and technical support to the tenderer, to this effect as per the standard format provided under Form-5 of Section XV in this document. (ab) In case the spare parts are to be procured from an agent stationed in India, fully equipped and able to supply the spare parts and technical support to carry out the required CCAMC as per contract, a documentary proof of the agent being the OEM’s authorised representative in India and further arrangement for supply of spare parts to tenderer is to be submitted. (ac) The tenderer has the required financial, technical and maintenance capability necessary to perform the contract and, further, it meets the qualification criteria incorporated in the Section II, III & V of this document. (ad) In case the dry docking facility to carry out underwater maintenance of the vessels is not available with the tenderer, the documentary proof for the arrangements made with the dry docking authorities to carry out underwater maintenance of the vessels, atleast once every 12 months, is to be submitted. (v) Power of Attorney of firm / resolution of Board of Directors of company for person authorized to submit Tender bid under his Digital Signature; (vi) Copies of documents defining constitution and legal status of the tenderer; (vii) Copies of fax messages and letters sent and received during the Tender period; (viii) Certified published annual reports for the last three years showing the turnover and financial results of the Tenderer; (ix) Documentary proof to show that the tenderer is in the business of maintaining and repairing similar vessels including equipment and machineries fitted onboard, at least for the last three years. (x) Instructions as per Section XV Please Note - (aa) The tender is required to be submitted online by a person having digital signature issued by any Certifying Agency. If the 9 | Pag e76 GNIT No.01/MO/2018 Central Board of Excise & Customs, Directorate of Logistics, New Delhi, India tender is submitted by a proprietary or partnership firm, all the documents are required to be signed and stamped on every page. In the event of the Tender being submitted by a partnership firm, it should be signed separately by each partner thereof, or in the event of the absence of any partner, it should be signed on his behalf by a person holding a power of attorney authorizing him to do so. Such power of attorney, duly notarized should be submitted with the Tender, and it should clearly mention the registration / incorporation particulars of the firm. In the case of a company, the tender should be signed by person(s) authorized by a resolution of the Board of Directors of the Company. A copy of the relevant resolution, certified by the company Secretary shall be enclosed. Further, in the case of company, Board of Directors needs to authorize individual to obtain digital signature to represent the company. Scanned copy of this authorization is also required to be uploaded. (ab) The Tenderers may also enclose with their tenders, technical literature and documents other than requested in tender, as and if considered necessary by them. (xi) Price bid shall be as per pro-forma given in Form 2 Section XV of the Tender document. (xii) Indication of the bid price in the Technical bid directly or indirectly will render the entire bid invalid. Note. A tenderer, who does not fulfill any of the above requirements and / or gives evasive information / reply against any such requirement, shall be liable to be ignored and rejected. 2. Tender currencies (a) Tender price may be quoted in Indian rupees only. The price should be quoted both in figures and in words, in such a way that interpolation is not possible. (b) Commission for Indian Agent, if any payable by the tenderer, should be indicated in the price schedule in Indian Rupees only. (c) The Contract Price shall be firm and fixed for the entire duration of the contract and not be subjected to any adjustment in respect of rise or fall in the cost of labour, materials, currency rate variation, devaluation or any other matter having implication on the cost of the execution of the Contract and adjustments for subsequent legislation that may occur in the country of the bidder, changes to any national or state statute, ordinance, decree, law, regulation or by law which causes addition or reduction. (d) Tenders, where prices are quoted in any other way shall be treated as 10 | Pa g e76