remarks/ response to the queries submitted by … · only thsd and grab hopper dredger is envisaged...

REMARKS/ RESPONSE TO THE QUERIES SUBMITTED BY THE DREDGING FIRMSDURING PRE BID CONFERENCE ON 20 JAN 16

SerReference of bidding document

Query RemarksPart Para Bidder Name Subject

1 General

M/s MercatorLtd., Mumbai Ser No. 1

Cost of Document Is there any cost / fee to be paidtowards RFP Document? If so,please indicate the amount andthe mode of payment.

RFP document fee is to bepaid in accordance with theTender Notice published inthe News Paper.

2 M/s MercatorLtd., MumbaiSer No. 2

Estimated Value ofthe Contract

Please specify the estimatedvalue of the work.

Will depend on the Commercial bids.

3 I 14 M/s MercatorLtd., MumbaiSer No. 3

Please confirm that if a Bidderwho is registered with NavalDockyard, Mumbai which is adepartment of MoD as anapproved vendor for providingdredging services is exemptedfrom submission of EMD.

Exemption will beconsidered on submissionof requisite certificates.


It is stated that the Vendorshould have considerable pastexperience and should havesuccessfully completed requisitevalue of works and further statedthat the firm should haveundertaken works of equivalentquantity or more. Please clarifyand confirm that the eligibilitycriteria is successful completion

It is one of the criterias.

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of a dredging work of a minimum26.03 Lakh Cu.M. in the past.


Please confirm whether thedetails in Evaluation Matrix needto be filled by the Bidder or forthe Navy internal evaluation.

Details are not to be filledby the bidder.

6 II 2 M/s MercatorLtd., MumbaiSer No. 6

Please provide the latestbathymetry chart of mainharbour and works harbour tounderstand the existing depthsin the areas to be dredged.

Also, please indicate when wasthe maintenance dredgingcarried out in Works harbour inthe past and also confirm thatthere is no capital dredginginvolved in works harbour andthe designed depths wereachieved earlier.Further, you are requested toconfirm that there are nounderwater obstructions of anynature in works harbor and thearea is clear of any physicalobstructions for carrying outmaintenance dredging.

Pre-dredge Survey data willbe provided to firm beingawarded the contract.

Contract is for maintenancedredging of Works harbour.

During check survey, nounderwater obstructionswere observed.

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We request to consider CSD fordredging alongside berths. Thematerial dredged by CSD shallbe double handled by TSHD.Please confirm.

Only THSD and Grabhopper dredger isenvisaged to be usedduring the maintenancedredging.


It is stated that additionaloperational requirements are tobe met within the terms of thecontract. Please clarify thatthese additional requirement isalso maintenance dredging innature and within the mainharbor only.

Additional requirements, ifany, will be maintenancedredging only within thecontracted area.


Please clarify and confirm that incase the dredged volume isfound to be more based on jointpre-dredge survey, then thequantity will be restricted to26,03,307 Cu.M. or additionalquantity will be allowed toachieve the desired depths.

No additional quantity willbe allowed.


Please indicate the tentativedate of placement of work orderon the successful Bidder.

Tentative date forplacement of work orderwill be indicated based onthe progress of the case.

11 II 5(b) M/s MercatorLtd., MumbaiSer No. 11

It is stated that the dredger is tobe kept utilized to the maximumduration possible. Whereas as

Dredgers are to be keptutilized to the maximumduration possible during a

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per Clause No. 8 (b) it ismentioned that the duration ofwork is upto 6 months from startdate. Please clarify and confirmonce the contractual quantity iscompleted, the dredger(s) shallbe released without keeping idletill completion of 6 monthscontract period.

24 hrs cycle. Once the contractualquantity is completed andsame is ascertained afterpost dredge survey,dredger may be releasedbased on the fact thatthere is no furtherrequirement of dredging.

12 II 5(c) M/s MercatorLtd., MumbaiSer No. 12

It is stated that the stoppage ofdredger should not be for morethan 24 hours. Please be guidedthat the dredger require routinemaintenance of minimum 3 to 4days in a month and during thisperiod dredger will be providedwith bunkers and attend torepairs and maintenance works.Therefore, we request to reviewthe condition of stoppage ofdredging for not more than 24hours and replace the same withnot more than 5 dayscontinuously at a stretch. As longas the progress of work is onschedule and the minorrepairs/breakdowns will nothamper the progress, there is noneed for replacement with

In accordance with the PartII Para 5(a) and Part IV Para(7). The dredgers and craftsdeployed for dredgingshould have undergonespecial repair and plannedpreventive maintenance sothat no interruption of worktakes place due to failuresand breakdown. In casethe firms deploy only 01TSHD and Grab dredger,replacement dredger willbe necessitated.

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alternate dredger in case ofbreakdown. Please confirm.

13 II 5(d) M/s MercatorLtd., MumbaiSer No. 13

Please confirm that thedredger(s) shall be releasedupon completion of work withoutundue delay in providing consentby the CSO.

On completion of postdredge survey, once it isascertained that contractedquantity has beenachieved, dredger may bereleased if no furtherdredging is anticipated postdredge survey.


Please confirm whetheradditional quantity if any toachieve the desired depths willbe allowed or the dredgingoperations to cease once thecontractual quantity of 26.03L.Cu.M. is completed?

No additional quantity overthe contracted quantity isanticipated.

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15 II 8(a) M/s MercatorLtd., MumbaiSer No. 15

Please confirm that the joint pre-dredge survey shall becompleted before the arrival ofdredger(s) at site and priorscheduled commencement ofdredging operations. In casethere is any delay in completionof pre-survey, then thecontractual time of 6 months willbe considered only from the dateof commencement of dredgingoperations upon completion ofpre-dredge survey but not from30th day of placement of order.

Further, please confirm that theduration of work i.e. 6 months isexcluding mobilization period.

In accordance with Part IIPara 8(a) of RFP, Dredgingwill be permitted only oncompletion of pre dredgesurvey. Period is total sixmonths from date ofsigning of contractincluding mobilisation.


Please confirm that there are norock out crops or wrecks in theareas that are required to bedredged.

As per availableinformation no rock outcrops or wrecks are presentin the present dredgingareas.


Please confirm that there is norequirement of arranging surveylaunch by the Contractor andNavy shall arrange for all thesurveys i.e. pre, billing, check /monitoring and final surveys.

As of now no requirement isanticipated.

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Also, we request to provide thexyz file of pre-dredge and eachcheck/progressive survey toenable the Contractor to uploadthe same on the dredger’shypack system for effectivemonitoring and execution of thedredging work.

Further, we request to clearlyindicate the procedure ofprocessing of survey data i.e.whether the survey data will beprocessed considering cellaverage or cell minimum etc.Normally, for the purpose ofnavigational requirement, cellminimum will be adopted and forcomputing dredge volumes forthe purpose of making payment,cell average shall be considered.Please confirm.

Data of pre dredge surveywill be shared with thecontracted firm and othersurveys data on as requiredbasis.

Any other informationrequired regardingprogressive survey may bemanaged by the firms itselffor purpose of hypacksystem. However, thisinformation will not betaken into account fordetermining the work donefor purpose of payment.Only the pre dredge surveyand post dredge surveydone by navy would beconsidered for that.

Cell minimum will be takeninto consideration.


Is the Technical matrix given inthis para is different from theone indicated at 15 (b) ofPart-I? Please confirm which oneto be filled by the Bidder.

Compliance matrix is to befilled and submitted alongwith the technical bid IAWPara 13 Part II of RFP.

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19 III 2 M/s MercatorLtd., MumbaiSer No. 19

It is stated that the Contractshall come into effect on thedate of signatures of both theparties. However, the period ofcontract mentioned as from thedate of award of work. Pleaseclarify. Also please clarifywhether the work can commenceprior signing of the contract oronly after signing of the contract.

The Contract shall comeinto effect on the date ofsignatures of both theparties. No Prior work willbe commencing beforesigning of the contract.

Only pre dredge surveymay commence up onplacement of Work Order.


Please define the Contract Pricei.e. whether it is the amountquoted excluding Service Tax orincluding. This clarification isessential for arrangingPerformance Security @ 10% ofthe Contract Price and also forapplicability of LD.

Service Tax at the existingrate. Contract Price isInclusive of Service tax.


As per Bidder’s knowledge,Dredging works are covered inthe ambit of Service Tax and noother Taxes like Sales Tax / VAT /Octroi duty are applicable.Please confirm.

Only applicable taxes are tobe considered.

22 IV 3 M/s MercatorLtd., MumbaiSer No. 22

Please confirm if any Port duesare to be paid to Karwar Port forcarrying out dredging operationsat Naval Base. Also confirm thatit is not mandatory to utilize the

Port dues are not necessaryto be paid to Karwar Portfor carrying out dredgingoperations at Naval Base.For movements in/out of

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Pilotage services for dredgingoperations.

Naval Harbour, services ofpilot is not mandatory.


If the work is delayed due tounder water obstructions / forcemajeure conditions which arebeyond the control of theContractor, suitable extension oftime shall be given and no LDshall be levied. Please confirm.

Para 4 Part IV does not dealwith force majeure andstays as in the RFP.


To our understanding, thededuction of quantity towardsover dredging if any will beeffected only beyond the allowedtolerances. Please confirm.

Part IV, Para 24 Overdredged volume will bededucted from the overallvolume only if beyond thetolerance limits.


As requested above, dredgersrequires monthly maintenance ofabout 3 to 4 days andaccordingly, request to amendthe clause to allow upto 4 daysstoppage in a month for repairs,maintenance and to providebunkers.

Firm is to arrange repairsand replenishments in sucha manner that there is nostoppage of work.

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As requested above, dredgersrequires monthly maintenance ofabout 3 to 4 days andaccordingly, request to amendthe clause to allow upto 4 daysstoppage in a month for repairs,maintenance and to providebunkers.

3 to 4 days for monthlymaintenance is notacceptable.


Please confirm which frequencywill be used for computation ofquantities.

210 KHZ


It is mentioned that there will beonly 3 stages of payment i.e.mobilization, post completion ofmaintenance dredging and postde-mobilization. Since thecontract period is for 6 months,we request to make interimpayments for the work done onmonthly basis to meet the cashflow requirements of theContractor to execute the work.It is difficult for any Contractor toincur huge expenditure for 6months without getting paid.Please consider.

3 stage payment will becarried out as follows:-

1st - After Mobilisation2nd – On completion ofdredging3rd – After de- mobilisation

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The rate of Service Tax ismentioned as 14% whereas theexisting Service Tax rate is14.5% including Swachh BharatCess. PLease correct the same.

Service Tax is to beincluded as per existingrates.


Please be informed that theContractor should be heldresponsible for any such damagewhen caused due to his ownaction. Contractor cannot beheld responsible when such lossis caused due to Employer’saction/inaction OR due to suddenemergencies like localdisturbances, etc.

Therefore, we request theEmployer to amend this clausesuitably to have equalresponsibility on Employer andContractor.

Para 26 ‘Care of works’ asper RFP lists theresponsibility of thecontractor. Noresponsibility on employer.


Please confirm that theadditional work after completionof the present contract is notbinding on the Contractor and issubject to his acceptance.

RFP stands as per DPM 09.Terms and conditions ofadditional work as given inRFP.

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It is stated that the PerformanceBank Guarantee should be validupto 60 days beyond the date ofwarranty.

Since the present contract is forMaintenance Dredging work andthere is no warranty / defectliability for dredging works, thePerformance Bank Guaranteeshall be returned to the Bidderupon completion of work andhanding over after final / postjoint surveys.

Accordingly, we request theEmployer to keep the validity ofthe Performance Guarantee tillthe end of contract period andnot beyond.

Validity as per para 34 ofRFP Performance BankGuarantee shall bereturned to the contractedfirm 60 days afterascertaining completion ofwork/ post final dredgesurvey.

In the bidding processhowever all rates quoted bythem should be in Indiancurrency.

33 IV 37(b)

M/s MercatorLtd., MumbaiSer No. 33

Please confirm if Foreign Biddersare allowed to participate in theBid and foreign flag dredgerswith foreigners working onboardare allowed to work in the Navalbase area.

Foreign firms mayparticipated Foreign flagdredgers with foreignersworking onboard may beallowed to work in theNaval base area. However,MOHA & MoD clearance forall foreign crew or foreignvessels is to be producedprior to commencement of

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work.


The clause provides for documents required to be submitted along with the bill. Many of the documents appear to be related to supply of goods and may not be applicable for current dredging work. Please confirm.

Further, please explain the following:

a) Contract with U.O. number and date of IFA’s concurrence.

b) CRVs.c) DP Extension letter with

CFA’s sanction

All concerned applicabledocuments are to besubmitted by the supplier.The other documents,internal to the IN, will bemanaged by the buyer.

35 V 1(d) M/s MercatorLtd., MumbaiSer No. 35

As mentioned above, there areno other taxes / duties applicablefor dredging works other thanService Tax and accordingly werequest the Employer to confirmthe same.

Only applicable taxes/duties concerning dredgingservices may be accountedfor.

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36 V 1(e) M/s MercatorLtd., MumbaiSer No. 36

It is mentioned that the Buyerwill have the right to awardContracts to different Bidders.

Please clarify and confirmwhether the present scope ofwork shall be given to a singleContractor or split the works andaward to different Contractors?

No Splitting of works isenvisaged in the presentcase.

37 V 2 M/s MercatorLtd., MumbaiSer No. 37

The Form DPM-5 is relevant forManufacturing Industries forsupply of goods / products andnot relevant for dredging works.Please clarify and confirm.

Form DPM -5 is to besubmitted with relevantinformation. Details notconcerning dredgingservices may be omitted ifconsidered irrelevant.

38 V 3 M/s MercatorLtd., MumbaiSer No. 38

In the SOW, the Description ofWork comprises Rate Analysiswhich includes hire chargesduring loading, fuel chargesduring loading, hire charges forpassage & dumping and fuelcharges for passage & dumpingetc.

Please be informed that inDredging Contracts, the unit ratewill be arrived at considering thetotal cost involved for dredgingthe contractual quantity whichincludes hire charges of dredger,

Format is to be adhered toas far as possible. Firmsmay quote composite ratesby combining the serialshowever, mobilisation anddemobilization is to begiven separately.

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fuel cost, crew wages, O & Mcost, Insurance, Depreciationetc. It is practically difficult tobifurcate the unit rate into hirecharges for loading, fuel chargesfor loading etc. and accordinglywe request to modify the SOWsuitably to quote all inclusiveunit rate only.

Additional Queries/ Clarifications:-


We request the Employer toconsider payment of idle timecharges for the stoppage ofdredger(s) due to theinstructions of Naval authoritiesduring the contract period.

No idle time is envisagedand no charges will beadmissible.


Since the fuel prices are beingcontrolled by Govt. of India / OilCompanies which are beyond thecontrol of Contractor, we requestto incorporate suitable provisionfor payment of escalationcharges for increase in fuel priceduring the contract period.Employer would appreciate thefact the fuel component is themajor part of expenditure indredging works which amountsto about 40% of the cost and any

Being a short periodcontract, fuel escalationcharges clause is notincorporated.

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increase in price of fuel wouldseverally hamper the costing ofthe bidder. Accordingly, werequest the Employer toincorporate the following clausefor fuel escalation as wasincorporated in the recent NDY,Mumbai tender:

P1 is the adjustment amount percubic meter payable to thecontractor.Po contract price at the baselevel (commercial bid rate).F fixed amount of contract pricequoted by the contractorV variable amount of contractorquoted by the contractor (i.e.fuel cost)[ i.e. Po = F + V]Mo Average price of HSD Highspeed Diesel fixed by IOCL orany public sector oil company atKarwar for the month in whichprice bids are opened.M1 Average price of HSD fixed byIOCL or any public sector oilcompany at Karwar for themonth of consideration.P 1 = F + (V x M1/M0)

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(a) Following conditions would beapplicable to price adjustment-(i). Base dated shall be date ofopening of price bids.(ii). Date of adjustment shall bethe average cost of that month.

41General

13 InternationalSeaportDredging PrivateLtd. Ser No. 1

Validity of Bid -180days

Please appreciate that it wouldbe difficult for the bidder to keepthe validity for such long periodand it is proposed that validityof bid may kept for 90 days fromthe date of opening of TechnicalBid.

Validity of bids as per Part IIPara 13 of RFP.

42 II 2 International Seaport Dredging PrivateLtd.Ser No. 2

Areas to bedredged:……….The bottom to bedredged is softMud and Finesand…….

It is requested to provide any soilreports available with Navy forbetter understanding of the soil.

No soil report is available atpresent.

43 II 4 InternationalSeaportDredging PrivateLtd.Ser No. 3

Commencement ofDredging: Thedredging is to becommenced within30 days from thedate of work order.

It is requested to confirm thatwork can commence later than30 days as long as the total workis completed within the 4 monthsas required under the RFQ.Further, Clause 2 under scope ofworks mentions that “….Navywould provide a minimum onemonth’s notice for mobilization”.So it is assumed that the date of

Depending on completionof Pre dredge survey,mobilisation and dredgingcan commence. As per RFP,30 days period is given forsigning of the contract.Contract period includes 01month for mobilisation.Work can not commencelater than that.

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such Notice will be sometimeafter the work order is placed.

44 II 5(b) InternationalSeaportDredging PrivateLtd.Ser No. 4

Duration ofDredging: Thedredger is to bekept utilized to themaximum durationpossible.

Buyer to confirm that onattainment of depths as per RFQ,the Contractor can demobilizethe dredger as the payment isbased on the unit rate and thequantity dredged to attain thedesign depths.

Once the contractedvolume has been achievedand post dredge survey hasbeen completed toascertain the same, therequest for demobilizationof dredger may beconsidered if they are nolonger necessary.

45 II 5(d) InternationalSeaportDredging PrivateLtd.Ser No. 5

The dredger oncemobilized shall notbe removed fromthe work withoutthe consent ofChief Staff Officer.

It is clarified that on completionof dredging and attainment ofdepths Joint survey will becarried out and on signing ofchart, the dredger will bepermitted for demobilization. It isalso expected that Joint surveyand chart signing should be doneexpediously.

The dredger will bedemobilized only with theconsent of the contractingauthority.

46 II 8(b) InternationalSeaportDredging PrivateLtd.Ser No. 6

Estimated durationof Work- 6 monthsfrom Star date

It is clarified that once thedesign depths in the dredgingarea are attained, the Contractorwould be allowed to demobilizethe equipment.

In accordance with thecontract, once thecontracted volume hasbeen achieved and postdredge survey has beencompleted to ascertain thesame, the request fordemobilization of dredgermay be considered if they

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are no longer necessary.The dredger will bedemobilized only on theconsent of the contractingauthority.

47 II 9 InternationalSeaportDredging PrivateLtd.Ser No. 7

Material: soft mudand fine sand inorder to achievespecified depths……..

It is clarified that dredging ofrock outcrop and any otherCapital dredging soil, if anyencountered will be outside thescope of the contractor.

The details of material asper Part II Para 9 of RFP.Dredging of Rock out cropis not envisaged however,soft mud and fine sand,hard mud, coarse sand,gravel forms part of thematerial.

48 IV 3 InternationalSeaportDredging PrivateLtd.Ser No. 8

Port Dues: AllKarwar Civil Portdues includingpilotage, tug berthhire charges etc.will be to theaccount ofContactor.

It is requested to confirmwhether pilotage from KarwarCivil port is applicable whileworking in the Karwar NavalHarbour.Can the Contractor can sail tothe dumping ground without anypilot assistance from the KarwarCivil Port.

Pilot from Karwar Civil Portis not required whilstworking at Karwar NavalHarbour. Sailing to dumpingground can be without Pilotassistance.


During the courseof dredging, if thedredgerencountersmaterials likeboulders, scrapmetals, anchor

Cost of damages to thecontractor’s equipment due tounderwater obstructions notrecovered from insurance will beto the account of Navy includingthe repair time.Navy to reimburse the cost of

Conditions set at Part IVPara 4 of RFP stands as perDPM -09. Contractor has tobear the entire costwhether covered byinsurance or not.

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chains etc. asresult of which thedredger isdamaged, theNavy shall be heldblameless and cancost incurred willbe to the accountof the Contractor.

removing any underwaterobstructions if the same areremoved by the Contractor’sequipment.


Tolerance: ……Incase of overdredging by morethan 50 cmsbefore the depthgiven in the scopeof work, thequantity due toover dredging willbe assessed on thebasis of soundingsand will bededucted fromover all dredgedquantity for thepurpose ofpayment….

It is requested to confirm thatthe payable volume includes thetolerance volume up to 50 cmsand volume dredged beyond thetolerance limits will not beconsidered for payment.

Part IV Para 5 stands as perRFP. Over dredged volumebeyond tolerance will bereduced from the overalldredged volume and willnot be considered forpayment. Dredging uptoTolerance will beconsidered for payment.

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Loss or damage toPort’s and NavalCrafts/Personnel:……..TheContractor shallkeep the KarwarPort and Navyindemnifiedagainst all suchdamages

It is clarified that Contractor’sliability to the damages if anyshall be limited the valuescovered under the P&I and thirdparty cover normally availablefor such operations and cannotfor unlimited values.

As per terms listed in thePart IV Para 8 of RFP.


NavigationalChannel to be keptfree

It is requested to provide thenumber of movements per dayin the Harbour to have betterunderstanding on the traffic andthe possible delays due to traffic.

Total movements are notexceeding 2 to 3 hours perday.


Bills: ………Servicetax at 14% of theContract value willbe paid to theContractor alongwith the release ofinterim paymentsand at the end ofrelease of totalvalue of the finalpayment….

It is clarified that the presentapplicable rate for Service Tax is14.5% and service tax asapplicable at the time ofpayment would be paid by theBuyer.It is also further proposed thatthe interim payments be madeon fortnightly basis for thevolume dredged during thefortnight and all interimpayments be released with in 15days of submission of statementand final bill with in 30 days from

Service tax as applicable.Payments in three stagesas per given terms of RFPonly.

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date of submission of statement.


Quantity Variation:…….the quantitymay vary to anyextent.,,,,,

It is clarified that if the quantitydredged is less than 20% of theBOQ quantity, the unit rate is tobe re-negotiated, as per thestandard practice.

Quantity variation as percontracted rates.


AdditionalQuantity: …..thecontractor shall beprepared tocarryout dredgingwork at the samerates quoted in thetender upon 30days’ notice…….

It is clarified that the same ratesshall be applicable only for themaintenance dredging if requiredand subject to the agreement ofthe mobilization anddemobilization charges as thevessel may be at a differentlocation at the time of itsrequirement.

Additional quantity will bemaintenance dredging.Mobilisation anddemobilization as per partIV Para 29 of RFP.


Tolerance Clause:………….Buyerreserves the rightto 10% plus orminus increase ofdecrease in depthto be achieved bydredging withoutany change in

It is clarified that this RFP beingfor maintenance dredging, therecannot be increase in designdepth compared to the capitaldredging depths earlier achievedas the scope then becomesCAPITAL dredging.

It’s a typing error. Pleasereplace word “depth” bythe word “quantity” and10% increase in withrespect to dredge volume.

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terms andconditions andprices quoted bythe Contractor…….

57 V 1(e) InternationalSeaportDredging PrivateLtd.Ser No. 17

……The Buyer willhave the right toaward the Contractto different biddersfor being lowest inparticular item.

The Buyer alsoreserves the rightto doapportionment ofquantity….

It is clarified that this provision isnot applicable for this RFP andthe Bidders offer would be basedon the award the total work tothe lowest bidder.

It is clarified that the rate quotedis applicable for award of totalquantity of dredging to a singlebidder.

This provision may not beapplicable to this RFP.

58 V 1(b) InternationalSeaportDredging PrivateLtd.Ser No. 18

……..The Price Bidsof only thosebidders will beopened whosetechnical bidswould clear thetechnicalevaluation.

It is requested to indicate thelikely time frame for completionof Technical evaluation andopening of price bids to have abetter understanding on theplanning of vessel deploymentschedule for bidding.

While a time frame may notbe possible at the pre bidstage. However prospectivefirms will be intimatedaccordingly to plan outtheir vessel deployments.

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59 V 3 InternationalSeaportDredging PrivateLtd.Ser No. 19

Mode of quotation Since evaluation is based on thetotal cost including themobilization and demobilizationcharges and it is not possible tohave a comparison of split uprates between the bidders due tovariation in capacity,productivity and their owninternal costing, the rate analysisas per Sl. No 2 be deleted.

It is requested that formatis adhered to. Firms may quote compositerates by combining theserials, however,mobilisation anddemobilization is to begiven separately.

60 V Appendix‘A’

InternationalSeaportDredging PrivateLtd.Ser No. 20

Dredging areas It is requested to confirm thatberths will be made available intime without vessels for dredgingin front of the berths and anywaiting time due to non-availability of berths will be paidby Navy as per the applicableidle rates.

No idle time is envisaged atthis stage and no idle timewill be paid.

61 Others InternationalSeaportDredging PrivateLtd.Ser No. 21

Provision for Fuelescalation

Since the fuel prices are beingchanged at short notices, theprovision of payment of fuelescalation be included with fuelcomponent as 0.25

Fuel escalation chargesclause is not agreed uponbeing a short periodcontract.


Drawings It is requested to provide theLayout drawing and recentbathymetry in ACAD format.

Recent bathymetry data isnot held and is also notavailable in ACAD format.

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Standarddocuments as perDPM referred inthe RFP

It is proposed that the followingdocuments/forms as referred inthe RFP be provided so that allbidders will have the samedocument for bidding.DPM 5to 9,DPM 7,8,9.DPM 11and DPM 13,DPM 15

All forms can be downloaded fromwww.mod.nic.in.


Working of GPS It is requested to confirm thatGPS can be operated with in thebase.

GPS can be operated fornavigation purpose and fordredging/ surveyrequirements.

65 General

Van Oord Pvt.Ltd. MumbaiSer No. 1

ContractDocuments

Can the Employer confirm thatthe RFP Parts I to V is a Contractdocument and confirm thepriority of the RFP documentrelative to the DPM 2009 andSupplementary Documents. Willa contract execution documentbe issued which will be signed byEmployer and contractor?

A separate contract will besigned.

66 I 15 Van Oord Pvt.Ltd. MumbaiSer No. 2

Eligibility Criteria Please inform the Enlistment Criteria of Govt of India with Regarding Annual Turn Over/ Fixed Assets, Working Capital etc. Tech Specs and Vendor Evaluation vis-a-vis cap ability/ Quantity / Quality of the work to be undertaken in accordance to

Eligibility Criteria as givenin RFP. Evaluation oftechnical bid and vendor asper conditions of DPM - 09.

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DPM 2009 for the Subject RFP

67 II 5(c)/7

Van Oord Pvt. Ltd. MumbaiSer No. 3

Breakdown The Clause states In case of break down of a dredger, alternate dredger has to be mobilized, without affecting the program of work. No mobilization/ demobilization charge will be paid for substitutedredgers. The stoppage of dredging should not be for more than 24 hrs.Bidder Query: It is acceptedindustry practice that alldredging equipment is subject tounscheduled repair andmaintenance which may exceed24hrs. Can the Employer reviewthis clause such that only if abreakdown in excess of 96continuous hours would requirethe mobilization of an alternatedredger?

As per RFP it is expectedthat preventivemaintenance and specialrepairs are undertaken onthe dredgers priormobilisation for dredging toavoid frequent breakdownand planned repairs oncedredging operationscommence at Karwar. Ifonly one dredger each isdeployed then maximum24 hrs can be allowed forunscheduled repair orbreakdown. Failing whichalternate dredger will berequired.

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68 II 9 Van Oord Pvt. Ltd. MumbaiSer No. 4

Material Kindly confirm this dredging tender is only for Maintenance Dredging and excludes hard mud/ coarse sand/ and gravel.

Only maintenance dredgingis envisaged. Mostlymaterials will be fine sandand soft mud however insome areas hard mud,coarse sand and gravel isalso expected.

69 III 9(e) Van Oord Pvt. Ltd. MumbaiSer No. 5

Force Majeure The Definition of Force Majeure and the consequences thereof may be clearly provided as there is no mention in the RFP. The Clause states the Employer may terminate if The completion / commencement of the work is delayed due to causes for Force Majeure by more than 15 days.The clause 10.9.5 in DPM 2009 states a period of 6 months mustpass before termination.Can the Employer confirm which is correct ?

Definition is available inDPM – 09. Condition listedin the RFP stands fortermination.

70 IV 5/24 Van Oord Pvt.Ltd. MumbaiSer No. 6

Tolerance The clause states in case of over dredging done by more than 50cm beyond the depth given in the scope of work, the quantity due to over dredging will be assessed on the basis of soundings and same will be deducted from over all dredged

Over dredging will bededucted as per conditionsgiven in RFP.

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quantity for the purpose of payment. Can this clause be reviewed as given the works are maintenancedredging any unpaid over dredging is to the benefit and not to the detriment of the Employer.

71 IV 23 Van Oord Pvt.Ltd. MumbaiSer No. 7 Service Tax

Kindly confirm that the Service Tax payable is 14.5% of the invoice amount including the Swachch Bharat Cess

Service Tax at the existingrate.

72 IV 29 Van Oord Pvt.Ltd. MumbaiSer No. 8

AdditionalDredging

The clause states After completion of dredging and before onset of next dredging period, if it is found necessary to do additional dredging (interim dredging), the contractor shall be prepared to carry out dredging work at the same rate as quoted in the tender upon 30 days advance notice being given.Can the Employer confirm that such instruction and additional dredging is to be given in the non monsoon period and that no dredging will be required during the monsoon?

No additional dredging isplanned in the monsoonperiod.

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General Information

73 Van Oord Pvt.Ltd. MumbaiSer No. 9

RoyaltiesPlease confirm that there are no Royalties payable for the works done under this Contract

No royalties are envisagedat this stage.


Adverse PhysicalConditions

Please confirm that there are noAdverse Physical Conditions in the Dredging areas which will affect the production of the Dredging equipment and that this is a Maintenance Dredging contract only

It is a maintenancedredging contract andconditions are consideredsuitable for dredging.


Taking over inSections

As there are Four Well marked areas for the works to be executed, it is requested that each area be taken over upon successful completion and survey:a. Outer Channelb. Entrancec. Basind. Work Harbour

All areas will be taken overoverall together oncompletion of dredging.


Subsequent Legislation

Contractor can quote only on existing/ published rates of taxes, statutory duties, Port Related Charges Please do confirm if any changesoccur (either increase or decrease) or new Taxes levied

Any changes in levies,taxes and duties levied byCentral/ State/ Localgovernments such asexcise duty, VAT, Servicetax, Octroi/ entry tax etc onfinal product upward as a

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by the Government the same willbe compensated/ adjusted at actuals.

result of any statutoryvariation taking placewithin contract period shallbe allowed re-imbursementby the Buyer to the extentof actual quantum of suchduty/ tax paid by the Seller.Similarly in case ofdownward revision in anysuch duty/ tax, the actualquantum of reduction ofsuch duty/ tax shall bereimbursed to the Buyer bythe Seller. All suchadjustments shall includeall reliefs, exemptions,rebates, concession etc., Ifany obtained by the Seller.Section 64-A of Sales ofGoods Act will relevant inthis situation. Levies, taxes and dutieslevied by Central/ StateLocal governments such asexcise duty, VAT, Servicetax Octroi/ entry tax, etc onfinal product will be paid bythe Buyer on actual, basedon relevant documentary

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evidence. Taxes and dutieson input items will not bepaid by Buyer and theymay not be indicatedseparately in the bids.Bidders are required toinclude the same in thepricing of their product.


Fuel Escalation

We request you to include a suitable Fuel Escalation/De Escalation clause for fuel as this is not under the control of the ContractorKindly confirm that the base date for such rates to be taken as 14 days before the date of submission of the Tender / RFP

Being a short termcontract, no fuel escalationclause can be brought in.


Anchoring in theNavy waters

Employer may kindly confirm if itis possible to moor/ anchor theirDredgers in the Naval areas,clear of all Naval Craft as thiswould save time and costs forall, by making the operationsmore efficient.

Wherever operationallyfeasible anchoring will bepermitted if considerednecessary.

79 13 DredgingCorporation ofIndia Limited SerNo. 1

Validity of bids Request to limit the price bidvalidity to 90 days from the dateof opening of technical bid askeeping the high cost equipmentfor such a longer period is

Validity of bids six monthsas per Part II Para 13.

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financially loss for the contractor.

80 I 14 DredgingCorporation ofIndia Limited SerNo. 2

Earnest Money Deposit

It is requested to consider BankGuarantee’s validity period to120 days.

Performance BankGuarantee as per RFP.

81 I 15 DredgingCorporation ofIndia Limited SerNo. 3

Eligibility criteria It is stated for technical andfinancial eligibility criteria wouldbe in accordance with provisionsof DPM-2009. Request to providethe related clauses forunderstanding the eligibilitycriteria and to submit documentsaccordingly.

Eligibility criteria as perRFP.

82 III 9 DredgingCorporation ofIndia Limited SerNo. 4

Termination of Contract

Please include provision forcontractor being compensatedfor the loss of opportunity, if thecontract is terminated withoutsufficient reason or no fault ofthe contractor.

Terms and conditions as perthe Part III Para 9 of RFP.

83 III 14 DredgingCorporation ofIndia Limited SerNo. 5

Taxes and Duties Please confirm VAT, Workscontracts Tax or any other Tax isapplicable for this dredging work

Only applicable taxes fordredging services.

84 IV 23 DredgingCorporation ofIndia Limited SerNo. 6

Bills It is requested to consider thefollowing for payment of bills:1) Mobilization charges within

15 days from commencementdate.

Payments as par Part IVpara 23.3 Stage payment will becarried out as follows:-1st – After Mobilization.

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2) Final payment on completionof dredging works within 30days of the submission ofinvoice.

3) Demobilization chargeswithin 15 days from the dateof demobilizing of dredger.

Also requested to includeprovision for payment of intereston delayed payments beyonddue date at the rate PLR 2%. ThePLR means PLR of State Bank ofIndia as on due date of payment.

2nd- On completion ofdredging.3rd- After de-mobilization.No interest can be paid ondelayed payments.

85 IV 34 DredgingCorporation ofIndia Limited SerNo. 7

Security deposit Dredging works does not comeunder warranty clause.It is requested that the securitydeposit be released within 07days after successful completionof the work.

Performance bankguarantee will be releasedas per RFP.

86 V 2 DredgingCorporation ofIndia Limited SerNo. 8

Technical bid format

Please provide form DPM-5. DPM 5 form is available inthe DPM 09 page no 351,can be down loaded fromwww.mod.nic.in

87 DredgingCorporation ofIndia Limited SerNo. 9

Variation of Price-Diesel fuel

It is requested to add thefollowing as Price variationclause:1. Main fuel shall be HFHSD.2. The fuel escalation shall be

paid on monthly basis for the

Being a short term contractno fuel escalation costclause is being admitted.

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work executed during themonth under considerationinstead of every quarter.

3. Fuel escalation shall be paidduring the extended period ofcontract, in case extension isgranted for the reasonapplicable to the employer.


Siltation pattern Please provide siltation pattern reports for assessment

No siltation pattern reportis held.


Idle time charges Please consider to add clause ofidle time charges which will bepaid for every hour @ 80% of therespective hourly equivalent ofdaily hire rates. Idle timecharges may be considered for:a) Suspension of dredging

works for shippingmovements.

b) Dredging operationssuspended at the instructionsof authorities.

c) Idling due to third partyintervention.

d) Idling due to adverseweather conditions.

No Idle time charges will bepaid.

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Underwater obstructions

Please confirm the dredging areais clear of any kind ofunderwater obstructions whichcan hamper dredging work oraffect dredgers.Also idling of dredger due toencountering of underwaterobstructions, idle time chargesmay please be considered.

As per available data, thecontracted area is clear ofunderwater obstructions.Part IV Para 4, 8, 9 etc dealwith concerns and no idletime charges areenvisaged.

91 General -- Jan De NulDredging IndiaPrivate Ltd. Ser No. 1

Eligibility Criteria –The vendor shouldhave considerablepast experience inDredging Work andshould havesuccessfullycompletedrequisite valueworks. The firmshould haveundertaken worksof equivalentquantity ormore…….

Can Bidder rely on a ParentCompany Guarantee for thequalification of the Technical andFinancial Criteria? Allowingreliance on a Parent CompanyGuarantee exists in Indian MajorPorts and is accepted worldwide.

The bidding firm has toqualify the requisiteTechnical and Financialcriteria. Certificate fromparent company cannot beaccepted.

92 II 5 (c) Jan De NulDredging IndiaPrivate Ltd. Ser No. 2

In case ofbreakdown of adredger, alternatedredger has to bemobilized, withoutaffecting the

Downtime of vessels exceeding24 hrs may occur due to aplanned maintenance or otherevents. It is not feasible tomobilize other equipment insuch a scenario. It is proposed to

Para 5 stays. It is expectedpreventive maintenanceand special repairs areundertaken priormobilisation for dredging toavoid frequent breakdown

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program of work.No mobilization/demobilizationcharge will be paidfor substitutedredgers. Thestoppage ofdredging shouldnot be more than24 hrs.

delete this clause. and planned repairs.

93 II 7 Jan De NulDredging IndiaPrivate Ltd. Ser No. 3

No compensation will be paid to the contractor by the navy for the time utilized for the routine maintenance and special repairs dueto breakdown etc. of his dredgers andother crafts. However, this period itself shouldnot exceed more than 24 hrs. If the period of non-availability dredgers or crafts exceed more than 24 hrs alternate,

Downtime of vessels exceeding24 hrs may occur due to aplanned maintenance or otherevents. It is not feasible tomobilize other equipment insuch a scenario. It is proposed todelete this clause.

It is expected preventivemaintenance and specialrepairs are undertakenprior mobilisation fordredging to avoid frequentbreakdown and plannedrepairs.

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dredgers/ craft should be mobilized.

These minutes have approval of the Chairman.

(Sarup Banerjee)Lt CommanderStaff Officer (Plans)For Flag Officer Commanding

File No: FOK/OPS/754/Dredging

Date: Feb 16

Place: Karwar