CLICK FOR ANNEXURE
E-AUCTION CATALOGUE
E-AUCTION FOR DRY CHARTER WITHOUT
MANNING OF 18 (Eighteen) NOS. DUMB BARGES OF M/S. CENTRAL INLAND WATER TRANSPORT
CORPORATION LIMITED ON ~AS-IS-WHERE-IS~ BASIS FOR A PERIOD OF 5 YEARS
EXTENDABLE BY ANOTHER 3 YEARS.
TECHNICAL AND COMMERCIAL BID INSTRUCTION TO BIDDERS
INTRODUCTION
Central Inland Water Transport Corporation Ltd. is
interested in offering 18 Nos. Dumb Barges, on as is where is basis in and
around Kolkata, Hooghly & Tribeni for dry charter without manning for a period
of 5 (five) years extendable for another period of 3 (three) years with an
increase of 10% on monthly contractual charter hire charges for the extended
period. During the period of dry charter, successful charterer(s) will have to
operate and maintain the vessel(s) with their own manning. All statutory repairs
/ survey repairs / routine repairs / day to day running maintenance of the
chartered vessels are required to be carried out by the successful charterer(s)
at their own cost and responsibility irrespective of whether the vessels are in
operation or not. The details of initial dry dock repair of 18 vessels are
enclosed separately. In this regard, successful bidder has to furnish purchase
details of the items which will be replaced by new one for making the vessel fit
at their own cost for operation to the Corporation for record.
Terms and conditions
i. Definition of Corporation:-
The "Corporation"
means Central Inland Water Transport Corporation Limited (A Government of India
Undertaking), Kolkata and its heirs, assigns and administrators etc. unless
otherwise specifically expunged in writing.
ii. Definition of Charterer:-
The Charterer
means the successful bidder meeting the requirement of the E-Auction and its
heirs, assigns and administrators etc., unless otherwise specifically expunged
in writing.
iii. Terms of Charter:-
Dry charter
without manning of 18 Nos. Dumb Barges from bona fide firms fulfilling the
Eligibility Criteria as enumerated hereunder and also having valid Trade Licence
and proof of submission of Return of I.T and P.F. for last 3 years.
Date and time of pre-bid meeting :
24.12.2009 at 11.00 Hrs. in the Board Room of CIWTC LTD.,
4, Fairlie Place, 3rd Floor, Kolkata*700 001.
Last date of submission of Techno - Commercial Bid of
E-Auction :
04.01.2010 upto 14.00 Hrs. at the Office of M/s. MSTC Ltd.,
225F, A. J. C. Bose Road, Kolkata - 700 020.
Date and time of commencement of E-Auction Price Bid :
18.01.2010 from 11.00 Hrs. to 15.30 Hrs. for 18 Vessels.
The bidders will be intimated through e-mail given during
buyer registration prior to 2 days of the e-Auction regarding their eligibility
or non eligibility of bidding. For any doubts the bidder may contact Mr. N. P.
Haldar, Sr. Manager, MSTC Ltd. (Phone No.: (033) 2281-2877. However CIWTC
reserves the right to accept/ reject any Techno-Commercial Bid with/ without
assigning any reason and no complaint whatsoever in this regard will be
entertained.
ELIGIBILITY CRITERIA
The intending bidders must fulfill the
pre-qualification criteria detailed as per
Annexure I.
MODE OF SUBMISSION OF TECHNO-COMMERCIAL BID
The mode of submission of Tecno-Commercial Bid is
detailed as per
Annexure II.
BIDDING PROCEDURE / PRICE OFFER
The Bidding Procedure vis-a-vis Price Offer is detailed as
per Annexure III.
Month
A calendar Month or part thereof as per English Calendar.
Modality of Return of
the Vessel(s)
After joint inspection, checking and listing the inventory
jointly by the charterer and CIWTC in presence of an independent surveyor as
indicated herein, vessel(s) will be taken over by CIWTC at Kolkata by signing
the Protocol of return of the vessel(s). Protocol of handing over will be the
reference point at the time of return of the vessels. The vessels will be handed
over in the same condition as it was on the date of handing over of the vessels.
Period of Charter
The period of charter of a particular vessel shall be
reckoned from the date of signing of the Protocol of handing over of the
vessel(s) on ~as is where is~ basis. The vessel(s) shall be treated to remain
under charter from the date of signing of Protocol of handing over till the date
of return of the vessel(s) to CIWTC Ltd. through signing of Protocol of return
of the vessel(s). However, the duration of initial repair as stipulated for that
type of each vessel will not be counted in determining the charter hire period
and as such there will be no charter hire charge for such period. However, the
repair period must be included in the Bank Guarantee as Security Deposit.
During the course of initial charter period of 5 years or
during the extended period of 3 years, of the vessel again necessitates the 4
yearly statutory Dry Dock Survey Repairs then a period of not exceeding 2 (two)
months in respect of each type of vessel will be granted for such repairs and
the charter hire charges will not be leviable for such period. Also, this period
of 2 (two) months will not be counted in determining the charter hire period.
Tenure of Agreement
The tenure of Agreement will be for 60 (sixty) months from
the date of signing of Protocol of handing over the vessel(s) and the agreement
shall automatically terminate immediately upon expiry of its tenure. However,
the contract can be terminated prior to completion of 60 (sixty) month's period
as per the terms of the Agreement, subject to handing over of the vessels(s) by
the charterer to the Corporation by signing the Protocol of return. However,
with mutual consent of both the parties the period of charter may be extended
suitably subject to extension of validity of existing BG / submission of fresh
BG, but not exceeding 36 months. For this purpose a notice will have to be given
by the Charterer to the Corporation at least 3 (three) months prior to expiry of
the original period of charter. If the Corporation agrees to such extension of
the period of charter hiring of the vessel beyond 5 (five) years then the
contractual hire charges will be increased by flat 10% for the extended period
only. Mere sending of a notice to CIWTC by the charterer as above will not
entail any right whatsoever on the charterer to get such an extension and in all
such cases, the decision of CIWTC shall be final and conclusive in the matter,
therefore binding. This is exclusive of the allowable statutory dry dock repair
period(s) in respect of each vessel.
The intending bidders will have to inspect the
vessel(s) at their aforesaid respective location offered for charter hire by the
Corporation and will have to arrange repair of such vessel(s) as may be
necessary to make the same fully operational, at the bidder's own cost and
facility and submit their bids accordingly.
Security Deposit
The successful bidder shall submit an irrevocable Bank
Guarantee, as per prescribed proforma in ANNEXURE IV of
CIWTC, in favour of the Corporation for the fixed amount indicated below towards
Security Deposit for each Vessel(s) and the said Bank Guarantee(s) will remain
valid till 3 (three) months after return of the vessel(s) by the charterer to
CIWTC. The said Bank Guarantee with initial validity of 5 (five) years plus
maximum repair period, which is 4 months for Tugs, SPCs and Dumb Barges with a
further claim period of 3 (three) months is to be submitted to the Corporation
after issuance of the Letter of Intent to the successful bidders but at least 7
days prior to handing over of the vessel. After submission of such Bank
Guarantee the Earnest Money deposit will be refunded to the successful bidders
within next one month.
The charterer will have to arrange for revalidation /
extension of the bank guarantee as and when required so, by CIWTC. If the
Charterer fails to observe any of the terms and conditions of the agreement for
dry charter of CIWTC's vessel (s), CIWTC will be at liberty to forfeit the
security deposit by encashment of the bank guarantee in full or part, at its
sole discretion and without making any reference to the charterer. The approved
proforma for bank guarantee towards security deposit is enclosed as Annexure -
II hereto.
Hire Charges
The charges for charter hire of each vessel shall be
calculated on monthly basis i.e. on Dry Charter basis. However, at the time of
handing over to charterer(s) and taking over of the vessel back to the
Corporation, if the number of days of charter in a calendar month is less than
10 (ten) days, the hire charges will be paid for 10 (ten) days calculated on
pro-rata basis. In case the number of days of charter in a calendar month
exceeds more than 10 (ten) days but less than 20 (twenty) days, the hire charges
for 20 (twenty) days will be payable by the charterer. Similarly, in case the
number of days of charter in a calendar month exceeds more than 20 (twenty) days
but less than 30 (thirty) days, the hire charges for the full month will be
payable by the charterer. Post dated cheques payable at Kolkata are to be
submitted by the charterer for the entire period of the agreement before handing
over the vessel to the charterer.
Termination of Contract
The Agreement shall automatically terminate on expiry of
its tenure as mentioned in Clause-8 above. However, in case of any failure on
the part of the charterer or the corporation to abide by any of the terms and
conditions of the Agreement or otherwise, both the parties will be at liberty to
terminate the Agreement by giving 3 (three) months notice in writing to either
party. Furthermore, in cases where the Corporation has determined that the
Charterer has not abided by the terms and conditions of the Agreement which,
inter alia, include dishonour of post dated cheque(s) (PDCs) and any further
continuation of the agreement would be detrimental to the interest of the
Corporation, the Corporation shall be entitled to terminate the Agreement by
giving one month's Notice in writing for remedial action to the Charterer
failing which agreement for charter hire will stand terminated automatically on
expiry of the one month's notice period and the vessel(s) will be returned by
the charterer at Kolkata to CIWTC forthwith.
Early / Pre-determination
of Termination of Contract
Contract can be terminated early or pre-determine
termination for any event or circumstances excepting Force Majeure events when
and whatever deem fit or on combination of event and circumstances which
materially and adversely affect the Corporation as mentioned below : -
i) Event of Default
Upon the occurrence of event of default by the successful
bidder the Corporation shall without prejudice to any other rights and remedies
available to it under this agreement / contract are entitled to terminate the
agreement / contract even before the expiry of the period of the said contract.
ii) Condition of surrender of vessel
Successful Bidders may require to hand over the vessels
with all improvement / repairing / change and equipment etc. to the Corporation
as per condition of the agreement / contract in good order and condition less
normal were and tear.
In case of any order for acquisition of vessels as may be
issued by the Central or State Government(s) for national requirement of
emergent nature or otherwise, the Corporation shall take possession of the
vessel(s) forthwith without giving any notice to the charterer. However, on
completion of such national requirement, the vessel(s) will again be handed over
by the Corporation to the Charterer for the remaining period of the term of the
agreement. The period for which the vessel will be withdrawn on such an
eventuality including the time required for taking over / handing over will not
be counted towards the term of the agreement. In addition, a mobilization /
demobilization period of total two weeks will be allowed without charging the
charter hire rate.
(a) After issue of the Letter of Intent by the Corporation
accepting the offer of the successful bidder(s) / charterer(s) for charter hire
of the vessel(s) and after submission of the Bank Guarantee towards Security
Deposit by the successful bidder(s) / charterer(s) but prior to signing of the
protocol of handing over of the vessels, the vessel(s) will be jointly inspected
by the authorized representatives of the successful charterer(s) and the
Corporation alongwith the approved and independent Marine / Ship Surveyor for
determining the physical condition(s) of the vessel including structural /
mechanical / electrical / electronics/ outfitting and other appurtenance
including on board stores and spares and stock of POL, if any, expenditure for
such 'hire-on' inspection shall be borne by the concerned successful bidder(s) /
charterer(s) and general condition of the vessel will be recorded under joint
signatures of the accredited representatives of both the parties. Also a
detailed list of inventories will be jointly prepared. The same will be the
basic reference while return of the vessels.
(b) Similarly, on completion of the contractual period of
charter hire or earlier determination of the agreement if any, prior to taking
over of the vessel(s) by CIWTC, vessel(s) will be jointly inspected by
the charterer and the Corporation along with the approved and independent
Marine / Ship Surveyor for determining the physical condition(s) of the vessel(s)
including structural / mechanical / electrical / electronics/ out fitting and
other appurtenance including on board stores and spares and stock of POL, if
any, expenditure for such 'hire-off' inspection shall be borne by the
Corporation and general condition of the vessel will be recorded under joint
signatures as above with reference to the Survey reference during 'hire on'
inspection. Also the list of inventories will be matched during taking over
the vessels by CIWTC.
The charterer will allow the Corporation and extend all
facility to the Corporation to carry out periodical joint inspection of the
vessel(s) on every six monthly basis and such inspection will be carried out by
the authorized representative of charterer(s) and the Corporation for
determining the physical condition of the vessel(s). Furthermore, the
Corporation shall reserve the right to inspect any vessel at any time including
the period of docking survey / initial / Docking repair at any place and the
charterer will be bound to extend all his cooperation to the Corporation for
this purpose.
INSURANCE
Detailed as per Annexure V.
Earnest Money (Interest
free)
The bidder(s) will have to submit the Earnest Money Deposit
(EMD) as mentioned in the lot description for each vessel along with their
Techno-Commercial bids.
The EMD will have to be submitted in the form of Bankers
Cheque / Demand Draft drawn in favour of Central Inland Water Transport
Corporation Ltd., payable at Kolkata. The EMD will be refunded without any
interest to the successful bidder after submission of Security Deposit and
Insurance Policy as mentioned at Clauses 10 & 16 above. For the unsuccessful
bidder, the EMD will be refunded without any interest within one month from the
date of completion of E-AUCTION.
Statutes, Maintenance
and Operation of the vessel(s)
Detailed as per Annexure VI.
Subletting,
Return of Vessels
& Others
Detailed as per Annexure VII
Force Majeure
Detailed as per Annexure VIII.
Type of Bidder
All bidders who will participate in the E-AUCTION should be
Indian company with their registered office in
India. However, a foreign
company with its permanent office in India may also be allowed to participate in
the bidding process. However, in any case vessels should be plied on Indian
water and routes under the Indo-Bangladesh Protocol.
Arbitration
In the event of any dispute arising between the Charterer
and the Corporation in connection with or arising out of the Agreement between
the parties, the same shall be referred to Arbitration as per the Arbitration
and Conciliation Act, 1996 as amended upto date for adjudication of the
disputes. The award of the Arbitrator(s) shall be final and binding on both the
parties including any notification or alteration. The arbitration shall be held
in the city of Kolkata
under the jurisdiction of Kolkata High Court.
Jurisdiction
All disputes in connection with and arising out of the
agreement between the parties shall be resolved within the jurisdiction of the
Hon'ble High Court at Kolkata. Both the Charterer and the Corporation shall give
a specific confirmation to this effect in the written agreement to be signed
between the parties.
Signing of the Agreement
The successful Charterer(s) will have to enter into a
written agreement with the Corporation on a non-judicial stamp paper of
appropriate value, incorporating all the above terms and conditions of charter,
the monthly hire charges agreed upon Running repair and maintenance schedule as
per Annexure and such other terms and conditions as may be discussed and settled
mutually. The Protocol of handing over will be signed and physical possession of
the vessel (s) will be given to the Charterer after signing of this Agreement
and also after submission of the Bank Guarantee towards Security Deposit and
insurance as stated above.
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