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E-AUCTION CATALOGUE
E-AUCTION FOR DRY CHARTER WITHOUT MANNING OF 15 (Fifteen) NOS. DUMB BARGES AND 3
(Three) Nos. PUSHER TUGS 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 15 Nos. Dumb Barges and 3
Nos. Pusher Tugs, 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
15 Nos. Dumb Barges and 3 Nos. Pusher Tugs
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 :
19.01.2010 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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