annexure-i (for indian shipyards only) shipyard ...(for indian shipyards only) a copy of the...

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Tender Ref: SCI/T&OS/NB/UTLA/500Pax/2019 ANNEXURE-I (FOR INDIAN SHIPYARDS ONLY) SHIPYARD QUALIFICATION TEMPLATE PART I: GENERAL INFORMATION ON SHIPYARD AND MANAGEMENT S. No Element Shipyard Details (To be filled) 1 Name Of The Organization &Address 2 Details Of The Contact Person 3 GST Number 4 Year Established 5 Type Of Organization Proprietary/Partnership /Public Limited Company/ Government PSU/ Others (Please Specify) 6 Product Profile In Terms Of Types Of Ships Built 7 Details Of Collaborations, If Any 8 Annual Turnover In The Last Three Years 9 Bankers 10 Details Of Key Customers Served In The Last 3 Years. Yard to furnish owners’ feedback regarding performance/quality/after sales service of recently delivered vessels 11 Details of Firm orders in hand To indicate list of vessels on order with details such as type, size, deadweight, construction/delivery schedule etc. 12 Details Of Applicable Statutory Taxes Paid In The Last 3 Years As Well As Details Of Pending Claims Of The Tax/Revenue Authorities Including Provisions Made For The Same. 13 Number of painting shops/area To indicate the No’s and area of

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Page 1: ANNEXURE-I (FOR INDIAN SHIPYARDS ONLY) SHIPYARD ...(FOR INDIAN SHIPYARDS ONLY) A copy of the template certified/verified by any RO of the Government of India who is an IACS member

Tender Ref: SCI/T&OS/NB/UTLA/500Pax/2019

ANNEXURE-I

(FOR INDIAN SHIPYARDS ONLY)

SHIPYARD QUALIFICATION TEMPLATE

PART I: GENERAL INFORMATION ON SHIPYARD AND MANAGEMENT

S.

No

Element Shipyard Details (To be filled)

1 Name Of The Organization &Address

2 Details Of The Contact Person

3 GST Number

4 Year Established

5 Type Of Organization

Proprietary/Partnership /Public

Limited Company/ Government PSU/

Others (Please Specify)

6 Product Profile In Terms Of Types Of

Ships Built

7 Details Of Collaborations, If Any

8 Annual Turnover In The Last Three

Years

9 Bankers

10 Details Of Key Customers Served In

The Last 3 Years.

Yard to furnish owners’ feedback

regarding performance/quality/after

sales service of recently delivered

vessels

11 Details of Firm orders in hand

To indicate list of vessels on order

with details such as type, size,

deadweight, construction/delivery

schedule etc.

12 Details Of Applicable Statutory Taxes

Paid In The Last 3 Years As Well As

Details Of Pending Claims Of The

Tax/Revenue Authorities Including

Provisions Made For The Same.

13 Number of painting shops/area

To indicate the No’s and area of

Page 2: ANNEXURE-I (FOR INDIAN SHIPYARDS ONLY) SHIPYARD ...(FOR INDIAN SHIPYARDS ONLY) A copy of the template certified/verified by any RO of the Government of India who is an IACS member

Tender Ref: SCI/T&OS/NB/UTLA/500Pax/2019

S.

No

Element Shipyard Details (To be filled)

enclosed blasting and painting

shops/open area available.

14 Warehouse

To indicate area and facilities available

for warehousing

15 Logistics

Accessibility/ Location of yard with

respect to procurement

16 Permanent Employees (Employees on

pay roll to be indicated)

Contract Employees also to be

indicated

17 Dedicated staff in Quality Control

Department

To be Indicated

18 Dedicated staff in Safety (HSE)

To be indicated

19 After Sales Personnel

Dedicated personnel to be indicated.

Page 3: ANNEXURE-I (FOR INDIAN SHIPYARDS ONLY) SHIPYARD ...(FOR INDIAN SHIPYARDS ONLY) A copy of the template certified/verified by any RO of the Government of India who is an IACS member

Tender Ref: SCI/T&OS/NB/UTLA/500Pax/2019

PART – II: TECHNICAL QUALIFICATION TEMPLATE

(FOR INDIAN SHIPYARDS ONLY)

A copy of the template certified/verified by any RO of the Government of

India who is an IACS member is to be submitted along with the bid.

Sl. No

ITEM / PARAMETER CAT "B" SHIPYARD DETAILS TO

BE PROVIDED

Remarks

A. FACILITES / CAPABILITY

1 Building Capacity Annual Capacity – Steel preparation (cutting) capacity atleast 12,000 tonnes Steel fabrication capacity – minimum 12,000 tonnes

For Category B shipyards, it is not mandatory to have in-house NC cutting and automatic welding machines and steel processing can be outsourced.

2 Erection facility (dry dock/slipway/over the ground)

Dimensions (L x B) to be up to (160 x 32 M) OR commensurate with ship size

3 Capacity of cranes servicing the erection/pre-erection area - specify type

Capacity to be at least 1 x 50 T EOT/Mobile/ gantry

4 Quay / Water front / Building Berth

a) Length of quay / Water front / Building berth available for outfitting to be between 100 m to160 m OR commensurate with ship size

(b) Nos. of vessels which can be simultaneously berthed for outfitting work to be indicated.

(c) Cranes available at outfitting quay to be at least 1 x 25 T @ 25 m outreach

5 Quantum of pre-outfitting used in block stage

Page 4: ANNEXURE-I (FOR INDIAN SHIPYARDS ONLY) SHIPYARD ...(FOR INDIAN SHIPYARDS ONLY) A copy of the template certified/verified by any RO of the Government of India who is an IACS member

Tender Ref: SCI/T&OS/NB/UTLA/500Pax/2019

Sl. No

ITEM / PARAMETER CAT "B" SHIPYARD DETAILS TO

BE PROVIDED

Remarks

6 Detailed design and Engineering

Yard to have adequate in-house detailed design and engineering capability.

For Category Bshipyards, it is not mandatory to have in-house detailed design and engineering capability and this can be outsourced to a reputed design firm.

7 Painting Shop To be preferably PSPC compliant (i.e. to be fitted with temperature and humidity control) else in-situ painting with humidity controls (i.e. dehumidifiers) and established quality control to be in place. Area to be mentioned

B. STANDARDS

1 Quality control / Assurance

To have valid ISO 9001: 2008 Quality Management system Certificate.

2 Safety Management System

Yard to be registered under factories act. In house safety checks and records thereof to be available for inspection. To have safety policy in force.

3 Environment Management System

Yard to have suitable policy covering pollution mitigation measures.

C. OTHER RESOURCES

1 Non-Destructive testing -

2 Steel stock yard capacity To be indicated in terms of tons which can be stored inthe stock yard (at least 1000 Tons)

3 Enterprise Resource Planning (ERP)

-

Page 5: ANNEXURE-I (FOR INDIAN SHIPYARDS ONLY) SHIPYARD ...(FOR INDIAN SHIPYARDS ONLY) A copy of the template certified/verified by any RO of the Government of India who is an IACS member

Tender Ref: SCI/T&OS/NB/UTLA/500Pax/2019

Sl. No

ITEM / PARAMETER CAT "B" SHIPYARD DETAILS TO

BE PROVIDED

Remarks

D. FINANCIAL CRITERIA

1 The Shipyard should have positive net worth during the immediate preceding financial year. In case an Indian shipyard does not have a positive net worth as required during the immediate preceding financial year, it should provide a Letter of Comfort from its Banks/ lending institutions indicating to provide necessary financial support (at least 60% of the value of the contract) to execute the project.

*****

Page 6: ANNEXURE-I (FOR INDIAN SHIPYARDS ONLY) SHIPYARD ...(FOR INDIAN SHIPYARDS ONLY) A copy of the template certified/verified by any RO of the Government of India who is an IACS member

Tender Ref: SCI/T&OS/NB/UTLA/500Pax/2019

ANNEXURE II

OUTLINE TECHNICAL SPECIFICATION

1. DESCRIPTION

The Vessel shall be designed and built as a modern high quality passenger

vessel with twin screw diesel engine driven suitable for carrying 500

passengers. The Vessel shall be safe and seaworthy and shall be built in

steel with aesthetic lines and pleasant profile. The vessel shall be designed

with double bottom between fore and aft peak bulkheads, bulbous bow,

forecastle deck, and transom stern. The Vessel shall be provided with of

fully retractable ship stabilizer system having roll reduction capabilities at

both zero speed and underway.

2. PURPOSE OF THE VESSEL

The Vessel shall be employed in Main land and Union Territory of

Lakshadweep Islands or between them (Inter island), and shall be

categorized as a IMS Class V Special Trade Passenger Vessel with a

maximum voyage time of 120 hours for the purpose of various Rules and

Regulations mentioned in this specification.

3. FEATURES OF THE VESSEL

PRINCIPAL DIMENSIONS (APPROX.):

Length Overall 100 m

Breadth, moulded < 20 m

Design draft 4.30 m

Draught (Scantling) 4.50 m

PASSENGER ACCOMMODATION:

First Class 20 nos 2-berth cabins 40 Pax

Second Class 65 nos 4-berth cabins 260 Pax

Bunk Class 20nos 10 berth Dormitories with 2 tier bunks 200 Pax

Total Passengers 500

COMPLEMENT: 72 (17 Officers, 7 Petty Officers & 48 Crew)

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Tender Ref: SCI/T&OS/NB/UTLA/500Pax/2019

OTHER ACCOMMODATION:

Pilot 1

Owner 1

VIP 2 (single berth cabins)

CAPACITIES:

The capacities shall be as follows (approx.) --

Fuel oil tank (abt.) 300 t

Lube oil tank (abt.) 25 t

Fresh water tank (abt.) 380 t

Baggage 40 t

Stores & inventory 10 t

Non-perishable cargo 10 t

Perishable cargo 10 t

Refrigerated cargo 20 t

Passenger & effect 45 t

SPEED:

Vessel shall be designed to achieve a speed of 15.0knots at design draft at

90%MCR (NCR) with 15% sea margin. No correction to speed trial result

shall be allowed up to BF3 condition.

ENDURANCE:

Fuel oil capacity shall be about 300 t.

Fresh water capacity of 380t shall be provided. Also provision of

generation by RO plant has to be considered. Dry and refrigerated

provisions carried on-board shall cater to the ship’s crew and passengers

and shall be sufficient for 10days. Food for crew and passengers shall be

prepared on-board.

ADDITIONAL FEATURES:

Accommodation Layout: The Vessel shall be designed with suitable no. of

accommodation decks for passengers and crew. Passenger and crew cabins

shall be arranged on separate decks as far as practicable. All public spaces

including recreation spaces for passengers to be arranged aft of mid ship

for more comfort.

The Vessel shall be divided into two main fire zones.

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Tender Ref: SCI/T&OS/NB/UTLA/500Pax/2019

A passenger lift shall be provided with suitable capacity. Three numbers of

medium size Yokohama fenders shall be provided and secured in the

vicinity of crane

Cargo: The Vessel shall have a provision to carry:

About 10t Non-Perishable cargo

About 10t Perishable cargo

About 20t Refrigerated cargo

Baggage: A large baggage room shall be provided near reception area. In

addition, baggage racks (without locking arrangement) shall be provided

at passenger accommodation area.

Deck Machinery: Two nos. 5t cranes shall be provided for serving the

storage spaces and ER spare parts.

Machinery: The Vessel shall be provided with twin screw propulsion and

one bow thruster (abt 750kW). Four numbers Diesel Generators shall be

provided for catering to electrical load. Two main generators shall be

considered in operation during normal sea-going condition of the Vessel.

5. CLASS, RULES, AND REGULATIONS

CLASSIFICATION:

The vessel shall be dual classed. The vessel including its hull, equipment

and machinery shall be constructed with notation as below:

- American Bureau of Shipping (ABS) with notation:

A1, (E), “PASSENGER VESSEL’, AMS, UWILD, IHM or equivalent

notation with Lloyds Register / Det Norske Veritas/ Bureau Veritas

And dually classed with IRS with notation卐SUL, 卐IY, PASSENGER

SHIP, INWATER SURVEY, LOAD COMP (3)

6. FLAG OF REGISTRY:

Flag : India

Port of registry : Kochi

The vessel shall be registered under the Indian Merchant Shipping Act,

1958 as ‘Class V’ vessel (special trade passenger vessel engaged on voyages

other than international voyages).

The vessel shall be registered by the Buyer at its own cost and expense

under the laws of India upon delivery and acceptance thereof. The Builder

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Tender Ref: SCI/T&OS/NB/UTLA/500Pax/2019

shall submit necessary copies of drawings/documents (certificate of

survey, marking & carving note etc.) required for registration of the vessel

to the Buyer.

7. MATERIALS AND WORKMANSHIP:

Structure, machinery, equipment, and outfit shall be arranged keeping in

view of easy access and future maintenance.

The material, equipment, machinery, piping etc. and workmanship for

building of the Ocean going Vessel shall be comply with the highest

standards of shipbuilding practice. In no case, these standards shall be

less than BIS/BS/DIN/ISO/JIS and/or builder’s approved standards

(shall be submitted to the Buyer for approval).

Material, machinery and equipment shall be selected in such a way that

the service and spares are readily available in Kochi / India to the extent

possible.

8. TECHNICAL GUARANTEE:

The Builder is to guarantee the technical particulars and data stipulated

below. If the Buyer should make any amendments or modifications, which

affect the guaranteed figure, the guaranteed figure to be adjusted

accordingly.

TRIAL SPEED AT SEA :

The Builder shall guarantee a trial speed of 15 knots at design draft at NCR

RPM with 15% sea margin. No correction to speed trial results shall be

allowed up to BF3.

The speed trial results are to be corrected for water depth, wind speed,

wave, and current using ITTC procedure for Analysis of Speed / Power

Trial Data and/or based on sea keeping calculation results for conditions

prevailing at the time of speed trial.

9. DELIVERY:

The Vessel shall be delivered and accepted at Builders’ yard. After the

trials and the approval of the Buyer and Classification Society of these

trials with reports etc.; the Vessel shall be handed over to the Buyer in a

proper and clean condition.

Page 10: ANNEXURE-I (FOR INDIAN SHIPYARDS ONLY) SHIPYARD ...(FOR INDIAN SHIPYARDS ONLY) A copy of the template certified/verified by any RO of the Government of India who is an IACS member

Tender Ref: SCI/T&OS/NB/UTLA/500Pax/2019

ANNEXURE III

PROFORMA ACKNOWLEDGEMENT OF TENDER DOCUMENT

Date:

To

The Director,

Technical & Offshore Services Division,

The Shipping Corporation of India Ltd.,

Shipping House, 5th floor,

245, Madame Cama Road,

Mumbai - 400 021, India.

Sub: ACQUISITION OF ONE 500 PASSENGER ALL-WEATHER VESSEL

FOR UTLA (T&OS/NB/UTLA/500PAX/2019)

We hereby acknowledge receipt of a complete set of Tender documents on the above

subject. We hereby confirm that this set of Tender Document has been purchased on

behalf of the Shipyard

M/s. ………………………………………………………………………………………..and also note that

only the above mentioned Shipyard is entitled to participate in the tender using this set

of document.

We have noted that the last date for submission of Stage-I/A (Technical) Offer is

November 8, 2019 (1700 Hrs. I.S.T).

We also confirm our acceptance of all the Terms and conditions set forth in the subject

Tender documents.

Thanking you,

Yours faithfully,

Page 11: ANNEXURE-I (FOR INDIAN SHIPYARDS ONLY) SHIPYARD ...(FOR INDIAN SHIPYARDS ONLY) A copy of the template certified/verified by any RO of the Government of India who is an IACS member

Tender Ref: SCI/T&OS/NB/UTLA/500Pax/2019

ANNEXURE-IV

Ministry of Shipping’s Guidelines

Page 12: ANNEXURE-I (FOR INDIAN SHIPYARDS ONLY) SHIPYARD ...(FOR INDIAN SHIPYARDS ONLY) A copy of the template certified/verified by any RO of the Government of India who is an IACS member

Tender Ref: SCI/T&OS/NB/UTLA/500Pax/2019

ANNEXURE-V

(FORMAT FOR COMFORT LETTER FROM BANK)

<Bank Name & Address>

Dear Sirs,

This is to confirm that our Client, _________________<Name of

Shipyard>maintains bank accounts with us and is in good standing with our bank.

As informed by our Client, for bidding for the _____________________ (Name of

Project), the Client has to submit a Comfort letter from the bank.

At his instructions, we, (bank name & address), with full authority and mandate hereby

confirm that said Client is financially able to mobilise an amount of

Rs.______________ being (60%) of the Contract value for which the bank will

provide financial assistance as required by the Client

We, (client's bank), confirm to transfer the referenced amount as per instructions of

our Client.

We certify that our Client, named above, has credit facilities with our bank to complete

the proposed (Name of project) within the time period specified.

Our Client hereby gives authority to the Ship Owner to procure usual banker's

references from the authorised officer of the Bank <Full name and designation of the

bank officer.

Yours sincerely,

......................................................................... Signature by a senior level bank officer

Full name of the signatory: .....................................................................................................

Designation of the signatory:...................................................................................................

Clients' Name as written in account:........................................................................................

Account No / IBAN:.................................................................................................................

Bank Telephone No:...............................................................................................................

Bank's Fax No:.........................................................................................................................

Bank SWIFT / Sort Code:........................................................................................................

Bank stamp / seal: ..................................................................................................................

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Tender Ref: SCI/T&OS/NB/UTLA/500Pax/2019

ANNEXURE-VI

Acquisition of 500 Passenger all-weather vessel for UTLA

ON A NON-JUDICIAL Rs.500 STAMP PAPER

Bank Guarantee in lieu of Bid Security

To,

________________

Sir,

WHEREAS __________________________________ a company within

the meaning of the Companies Act, 1956/ a Partnership/Proprietor firm having its

registered office/principal place of business/ place of business at _______________

(hereinafter called “the Tenderer”) have been called upon to furnish Bank Guarantee.

AND WHEREAS We __________________________ Bank have, at the

request of the Tenderer, agreed to give you this guarantee as herein contained;

NOW THEREFORE in consideration of the premises, We, the undersigned,

hereby covenant that the aforesaid tender of the Tenderer shall remain open for

acceptance by you during the period of validity as mentioned in the tender i.e. nine

months from the date of submission of tender along with this guarantee or any

extension thereof and if the Tenderer shall for any reason back out, whether expressly

or impliedly, from his said tender or attract any clauses as mentioned at clause No.15 of

SCI’s tender ref No.T&OS/NB/UTLA/ 500Pax/2019, during the period of BG validity

or any extension thereof, We hereby unconditionally and irrevocably guarantee to you

the payment of the sum of Rs. ______________ on demand, without demur

notwithstanding the existence of any dispute between you or your authorized

representative and the tenderer in this regard AND WE hereby further agree as follows:

(a) That you may without affecting this guarantee grant time or other indulgence

to or negotiate further with Tenderer in regard to the conditions contained in

the said tender and thereby modify these conditions or add thereto any

further conditions as may be mutually agreed upon between you and the

Tenderer.

(b) That the guarantee hereinabove contained shall not be affected by any

change in the constitution of our Bank or in the constitution of the Tenderer.

(c) That this guarantee commences from the date hereof and shall remain in

force till the Tenderer, if his tender is accepted by you, furnishes the security

as required under the said specifications and executes a formal agreement as

therein provided or till four months after the period of validity, as the case

may be, of the tender, whichever of these is earlier.

Page 14: ANNEXURE-I (FOR INDIAN SHIPYARDS ONLY) SHIPYARD ...(FOR INDIAN SHIPYARDS ONLY) A copy of the template certified/verified by any RO of the Government of India who is an IACS member

Tender Ref: SCI/T&OS/NB/UTLA/500Pax/2019

(d) That the expressions “the Tenderer” and “the Bank” herein used shall, unless

such an interpretation is repugnant to the subject or context, include their

respective successors and assigns.

(e) Capitalised terms used herein and not defined shall carry the meaning

ascribed to these in the Tender.

Yours faithfully,

Page 15: ANNEXURE-I (FOR INDIAN SHIPYARDS ONLY) SHIPYARD ...(FOR INDIAN SHIPYARDS ONLY) A copy of the template certified/verified by any RO of the Government of India who is an IACS member

Tender Ref: SCI/T&OS/NB/UTLA/500Pax/2019

ANNEXURE VII

INTEGRITY PACT

Between

THE SHIPPING CORPORATION OF INDIA LIMITED (SCI) hereinafter referred to as “The Principal”,

and

_________________________________ hereinafter referred to as “The Bidder/Contractor”.

Preamble

The Principal intends to award, under laid down organizational procedures, contract/s for

“ACQUISITION OF ONE 500 PASSENGER ALL-WEATHER VESSEL FOR UTLA”.

The Principal values full compliance with all relevant laws of the land, rules, regulations, the

principles of economical use of resources, and of fairness and transparency in its relations with

its Bidder(s) and Contractor(s).

In order to achieve these goals, the Principal cooperates with renowned international Non-

Governmental Organization “Transparency International” (TI). The Principal will appoint

Independent External Monitors (IEMs) who will monitor the tender process and the execution

of the contract for compliance with the principles mentioned above.

Section 1 – Commitments of the Principal

(1) The Principal commits itself to take all measures necessary to prevent corruption and to

observe the following principles:

a. No employee of the Principal, personally or through family members, will in connection

with the tender for, or the execution of a contract, demand, take a promise for or accept,

for self or third person, any material or non-material benefit which the person is not

legally entitled to.

b. The Principal will, during the tender process treat all Bidder(s) with equity and reason.

The Principal will in particular, before and during the tender process, provide to all

Bidder(s) the same information and will not provide to any Bidder

confidential/additional information through which the Bidder could obtain an

advantage in relation to the tender process or the contract execution.

c. The Principal will exclude from the process all known prejudiced persons.

(2) If the Principal obtains information on the conduct of any of its employees which is a

criminal offence under the relevant Anti-Corruption Laws of India, or if there be a

substantive suspicion in this regard, the Principal will inform its Chief Vigilance Officer

and in addition can initiate disciplinary actions.

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Tender Ref: SCI/T&OS/NB/UTLA/500Pax/2019

Section 2 – Commitments of the Bidder/Contractor

(1) The Bidder/Contractor commits itself to take all measures necessary to prevent

corruption. The Bidder/Contractor commits itself to observe the following principles

during its participation in the tender process and during the contract execution.

a. The Bidder / Contractor will not, directly or through any other person or firm, offer,

promise or give to any of the Principal’s employees involved in the tender process or the

execution of the contract or to any third person any material or other benefit which they

are not legally entitled to, in order to obtain in exchange any advantage of any kind

whatsoever during the tender process or during the execution of the contract.

b. The Bidder / Contractor will not enter with other Bidder(s) into any undisclosed

agreement or understanding, whether formal or informal. This applies in particular to

prices, specifications, certifications, subsidiary contracts, submission or non-

submission of bids or any other actions to restrict competitiveness or to introduce

cartelisation in the bidding process.

c. The Bidder / Contractor will not commit any offence under the relevant Anti-

Corruption Laws of India; further the Bidder / Contractor will not use improperly, for

purposes of competition or personal gain, or pass on to others, any information or

document provided by the Principal as part of the business relationship, regarding

plans, technical proposals and business details, including information contained or

transmitted electronically.

d. The Bidder / Contractor will, when presenting its bid, disclose any and all payments

made, is committed to or intends to make to agents, brokers or any other intermediaries

in connection with the award of the contract.

e. Bidder / Contractor who has signed the Integrity Pact shall not approach the Courts

while representing the matter to IEMs and shall wait for their decision in the matter.

(2) The Bidder / Contractor will not instigate third persons to commit offences outlined above

or be an accessory to such offences.

Section 3 – Disqualification from tender process and exclusion from future

contracts

If the Bidder/Contractor, before contract award or during execution has committed a serious

transgression through a violation of Section 2 or in any other form such as to put his reliability

or credibility as Bidder into question, the Principal is entitled to disqualify the

Bidder/Contractor from the tender process or take action as per the procedure mentioned in

the “Policy and Guidelines for Removal / Suspension / Banning of Entities”. Copy of the “Policy

and Guidelines for Removal / Suspension / Banning of Entities” is placed at (page Nos. 6 to 15)

Section 4 – Compensation for Damages

(1) If the Principal has disqualified the Bidder from the tender process prior to the award

according to Section 3, the Principal is entitled to demand and recover from the Bidder

damages equivalent to Earnest Money Deposit / Bid Security.

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Tender Ref: SCI/T&OS/NB/UTLA/500Pax/2019

(2) If the Principal has terminated the contract according to Section 3, or if the Principal is

entitled to terminate the contract according to Section 3, the Principal shall be entitled to

demand and recover from the Contractor liquidated damages equivalent to Security

Deposit and / or Performance Bank Guarantee.

(3) The Bidder agrees and undertakes to pay the said amounts without protest or demur

subject only to condition that if the Bidder / Contractor can prove and establish that the

exclusion of the Bidder from the tender process or the termination of the contract after

the contract award has caused no damage or less damage than the amount of damages

claimed by the Principal, the Bidder / Contractor shall compensate the Principal only to

the extent of the damage in the amount proved.

Section 5 – Previous Transgression

(1) The Bidder declares that no previous transgressions occurred in the last three years with

any other Company in any country conforming to the anti-corruption approach or with any

Public Sector Enterprise in India that could justify its exclusion from the tender process.

(2) If the Bidder makes incorrect statement on this subject, the bidder can be disqualified

from the tender process and/or action can be taken as per the procedure mentioned in

“Policy and Guidelines for Removal / Suspension / Banning of Entities”.

Section 6 – Equal treatment of all Bidders / Contractors

(1) In case of sub-contracting, the Principal Contractor shall take the responsibility of the

adoption of Integrity Pact by the sub-contractor.

(2) The Principal will enter into agreements with identical conditions as this one with all

Bidders and Contractors.

(3) The Principal will disqualify from the tender process all Bidders who do not sign this Pact

or violate its provisions.

Section 7 – Criminal charges against violating Bidders / Contractors

If the Principal obtains knowledge of conduct of a Bidder, Contractor or of an employee or a

representative or an associate of a Bidder, Contractor which constitutes corruption, or if the

Principal has substantive suspicion in this regard, the Principal will inform the Chief Vigilance

Officer.

Section 8 – External Independent Monitor/ Monitors

(1) The Principal appoints competent and credible Independent External Monitor(s) for this

Pact after approval by the Central Vigilance Commission. The task of the Monitor is to

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Tender Ref: SCI/T&OS/NB/UTLA/500Pax/2019

review independently and objectively, whether and to what extent the parties comply with

the obligations under this agreement.

(2) The Monitor is not subject to instructions by the representatives of the parties and performs

his/her functions neutrally and independently. The Monitor would have access to all

Contract documents, whenever required. It will be obligatory for him/her to treat the

information and documents of the Bidders/Contractors as confidential. He/she reports to

the Chairman, SCI.

(3) The Bidder/Contractor accepts that the Monitor has the right to access without restriction

to all Project documentation of the Principal including that provided by the Contractor.

The Contractor will also grant the Monitor, upon his/her request and demonstration of a

valid interest, unrestricted and unconditional access to its project documentation. The same

is applicable to Subcontractors.

(4) The Principal will provide to the Monitor sufficient information about all meetings among

the parties related to the Project provided such meetings could have an impact on the

contractual relations between the Principal and the Contractor. The parties offer to the

Monitor the option to participate in such meetings.

(5) As soon as the Monitor notices, or believes to notice, a violation of this agreement, he/she

will so inform the Management of the Principal and request the Management to

discontinue or heal the violation, or to take other relevant action. The monitor can in this

regard submit non-binding recommendations. Beyond this, the Monitor has no right to

demand from the parties that they act in a specific manner, refrain from action or tolerate

action.

(6) The Monitor will submit a written report to the Chairman, SCI, within 8 to 10 weeks from

the date of reference or intimation to him/her by the “Principal” and, should the occasion

arise, submit proposals for correcting problematic situations.

(7) If the Monitor has reported to the Chairman, SCI, a substantiated suspicion of an offence

under relevant Anti-Corruption Laws of India, and the Chairman has not, within reasonable

time, taken visible action to proceed against such offence or reported it to the Chief

Vigilance Officer, the Monitor may also transmit this information directly to the Central

Vigilance Commissioner, Government of India.

(8) The word “Monitor” would include both singular and plural.

Section 9 – Pact Duration

This pact begins when both parties have legally signed it. It expires for the Contractor 12

months after the last payment under the respective contract, and for all other Bidders 6 months

after the contract has been awarded.

If any claim is made / lodged during this time, the same shall be binding and continue

to be valid despite the lapse of this pact as specified above, unless it is discharged / determined

by Chairman of the Principal.

Page 19: ANNEXURE-I (FOR INDIAN SHIPYARDS ONLY) SHIPYARD ...(FOR INDIAN SHIPYARDS ONLY) A copy of the template certified/verified by any RO of the Government of India who is an IACS member

Tender Ref: SCI/T&OS/NB/UTLA/500Pax/2019

Section 10 – Other provisions

(1) This agreement is subject to Indian Law. Place of performance and jurisdiction is the

Registered office of the Principal, i.e. Mumbai.

(2) Changes and supplements as well as termination notices need to be made in writing. Side

agreements have not been made.

(3) If the Contractor is a partnership or a consortium, this agreement must be signed by all

partners or consortium members.

(4) Should one or several provisions of this agreement turn out to be invalid, the remainder of

this agreement remains valid. In this case, the parties will strive to come to an agreement

to their original intentions.

(5) Issues like Warranty / Guarantee etc. shall be outside the purview of IEMs.

(6) In the event of any contradiction between the Integrity Pact and its Annexure, the Clause in

the Integrity Pact will prevail.

……………………… ........................................

For the Principal For the Bidder / Contractor

(Official Seal) (Official Seal)

Place: ............................. Witness 1: …………...............……………….

(Signature and Name & Address)

Date: ..............................

Witness 2: ……………………………………..

(Signature and Name & Address)

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