TENDER FOR FABRICATION AND COMMISSIONING

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250 TON LOAD CARRYING CAPACITY SLIPWAY CRADLE

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GOVERNMENT OF INDIA
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MINISTRY OF FISHERIES, ANIMAL HUSBANDRY AND DAIRYING
IIFFIqTGI-{ f{qTIT / DEPARTMENTOF FISHERIES
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COCHIN BASE OF FISHERY SURVEY OF INDIA
ugfl uMtrrol qugat MARTNE ENGTNEERTNG DtvtstoN
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6tfu{/ KocHt-16

Phone : 0484 23557T2225197

Email : medfsi(Ogmail.com
Website: www.fsi.gov. in
 INDE'X

sl Description Page
Ilo No
1 Tender Notice 3

2 General Terms and Conditions 5

5 Guarantee/Warrantee 9

4 Earnest Money Deposit 9

5 Performance Security 10

6 Payment 10

7 Insuralce 11

8 Subletting and Assignment 11

9 Liquidated Damages 11

io Calcellation of Contract 11

11 Jurisdiction clause 11

t2 With-holding and Lien in respect of sums claimed t2

13 ANNEXURE I Schedule of requirement 13

14 ANNEXURE II - Technical Bid Part I 15

15 List of documents to submitted with Technical Bid 16

16 ANNEXURE III - Financial Bid Part II t7

t7 ANNEXURE IV - Form of Bank Guarantee against EMD 18

18 ANNEXURE V - Form of Agreement 19

ANNEXURE VI
19
Davment \20
20 ANNEXURE VII - performance Guarantffit ,, 26

Page l2
 I. TENDER NOTICE
the Zonal Director, Cochin Base
Sealed Tenders are invited by
of Fishery Survey of India, Cochin on behalf of President of India,
and invite lump sum composite tender under two bid systems (two
envelope system). Part-I Technical bid, Part-II Financial bid from
the experienced contractors for the fabrication and commissioning
one Cradle for the slipway of Marine Engineering Division, Cochin
Base of Fishery Survey of India, Cochin- 16 for hauling up of marine
crafts ie Pishing vessels, Coast Guard Ships, Dredger, Flat bottom
barge etc for the underwater maintenance up to the maximum of
2 50 tones displacement. The tender will be published through the
websire www. ep ro cure. gov. in
1 Tender Enquirv No. 2021 DAHDF 600731
2 Bid Published Date 13104 /202t
c Sale of tender form t3 /04 /202t
4 Pre Bid Meeting 20/04/2O2t -
5 Bid submission start date 21 /04 /202t
6 EMD Amount Rs.2.50.000/-
7 Bid submission end date 20 /05 12021
8 Technical bid openins date 21 /05l2O2t

IMPORTANT NOTES:
1. Tender Documents can be purchased from the Office of the
Zonal Director, Cochin Base of Fishery Survey of India, Marine
Engineering Division, Foreshore Road, Cochin 16 on payment
of Rs.1500/- through the bharatkosh web portal (Sale of
Tender Form).

2. Bidders should enroll/ register in the Central public

Procurement Portal through the website www. eprocure.gov.in
for downloading the bid general instruction and scope of work.
Bidders should also possess a valid GST registration
certificate

3. The Tender may be accompanied with an Earnest Money

Deposit of Rs.2,50,0OO l-Qo/o to 5%o of the estimated value of
work) either by Demand Draft, Deposit-at-Call Receipt or Bank
-Guarantee,
. ".n,. as per the Form of Bank Guarantee in the form as
Demand Draft/deposit-at-Call - Receipt shall be
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). ,,d--ighown.
favour of the Zonal Director, Cochin Base of FSI,
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:lir : i.-;.. " Kqghi'on a Scheduied/ Commercial Bank, payable at Kochi.
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 4. EMD exemption is allowed by producing NSIC certificate
only to be considered for thiS particular work as the MSME
firms registered in NSIC under PP policy exempted from
payment of EMD for executing activities mentioned in the
store details section of the said certificate.

5. In place of EMD amount submission and uploading the

submitted information, bidders may upload a "Bid Security
Declaration" duly signed in specified proforma in the bid
document and the original copy of the same should be
deposited to the Office of Zonal Ditector, Cochin Base of
Fishery Survey of India before bid opening date and time as
specified in the bid document, failing which the Bids will be
declared non-responsive and liable to be rejected.

6. Fishery Survey of India reserves the right to accept/reject any

or all the tenders in part/ full without assigning any reason
thereof.
7. Fishery Survey of India will not be responsible for any delay in
enrollment/ registration of bidder in the CPP portal
8. Any change/ corrigendum/ extension of opening date in respect
of this tender shall be issued through websites only and no
press notification will be issued in this regard. Bidders are
therefore requested to regularly visit our website for update'
9. In case of any queries, kindly contact Assistant Engineer
(W/S) at 9447385257 or Superintendent (PSC) at 9496737 177

-266{2--
nal Director
Place: Kochi
Date: 09 l04 l2O2l

Page l4
u. GENERAL TERMS & CONDITIONS

1. General conditions

a. The Slipway cradle should be fabricated out of high strength

structural steel material (ASTM 514 Gr B/EN10025:6 S690QL
or equivalent) as per the drawings. The stage inspections will
be carried out by the Zonal Director, FSI or his representative.
b. The fabrication works should be completed within Six months
on receipt of work order. The work should be completed stage
wise and proceeded to the next with the entire satisfaction &
approval of ZONAL DIRECTOR, FSI or his representatives of
this OFFICE.
c. The period of validity of the tender shall be not less than Six
months. The cradle will be accepted only after taking a
successful trial with full load or after hauling up of a ve'ssel.
d. The contract shall be terminated if the works or materials
used are found unsatisfactory or substandard and the works
shall he executed through other source at the expenditure and
the cost of the Contractor.
e. The tenderer should have completed at least 3 works of
similar nature each costing not less than Rs.70 lakhs during
the last five years for reputed firms or Govt. undertaking etc.
Copy of work order, work completion certificate etc should be
furnished along with the Technical Bid
f . The tenderer must have permanent engineering workshop in
which structural engineering works are being undertaken.
Registration certificate along with other certificates such as
MSME may be submitted along with the technical bid.
g. The items offered shall confirm to the specifications as
in Annexure-I and shall be guaranteed against
design, defective quality material supplied, manu
defects etc. Documents supporting the technical spe
of the quoted goods may be submitted along with the i\$4\fu:.:';i^1;
bid. .3r13',i;;i.rr)'.|7
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h. The material test certificates, certified by a compet
authority matching the material standards specified in the
Annexure I should be submitted to this office for approval
before commencement of the work.

Page | 5
i. Complete details and ISI/EN/ASTM specifications must
accompany the quotation. IVl,ake / brand of the items shall be
stated wherever applicable. If you have got any counter offer
as suitable to the material required by us, the same may be
shown separately.
j. Guarantee against material and workmanship for a period of
one year should be given. If any defect occurs during this
period, it should be attended by the party immediately at free
of co st.
k. The successful tenderer will have to execute an agreement in
the format prescribed for carrying out the work and fulfillment
of the contract. The expenditure on execution of document of
agreement shall be borne by the successful tenderer.
1. 5% of the total amount of the contract value witl be retained
as security deposit, and it will be released only after the
satisfactory completion of guarantee period. Payment 'shall be
made on completion of works to the satisfaction of ZONAL
DIRECTOR, FSI or his representatives of this Office. Security
deposit in the form of bank guarantee also will be accepted.
m.Applicable taxes, if any, file TCS, GST on TDS etc, will be
deducted from the bill amount as per rules. Income Tax
returns of the past three years and audit report should be
furnished along with the tender.
n. The fabricated cradle carriage should be transported,
assembled and properly positioned on the rails of the slipway
of this office by the party. Transportation of the fabricated
parts of the cradle to the site of slipway should be done in a
suitable manner by the Contractor at his own cost.
o. The Contractor shall furnish to the Office a list of names of
the employees who are to be deputed by him for carrying out
the final assembling at site duly signed with proper
identification card.
p. Full insurance coverage for the contractor's employees,
including but not limited to, Workman's Compensation Act
will have to be provided by the Contractor. The FSI will not
entertain any obligation for any compensation in case of
injury or accident to personnel Em ed by the Contractor.
oiU,liAi.4O;,Ei.e and Safety
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q. The Contractor will make his own arrangements for supply of
electricity for welding sets and,other requirements at site'
r. The Contractor' s personnel shall follow the timings of the
Workshop staff of the office. If any extra hours of work are to
be carried out, the contractor shall obtain the specific
permission of the undersigned.
S. The persons to be deputed by the Contractor for carrying out
the final assembling construction and trial will follow the
general discipline and safety rules of the Office'
t. Contractor will observe all safety, labour, minimum wages and
employment, O.T Act and other related Law in force and FSI
will not be responsible for any lapse on this account'
u. Contractor employed personnel will maintain decorum,
discipline and healthy atmosphere in FSI and in case of any
lapse on these account contractor will be liable to be
penalized and contract terminated.'
v. GST and other taxes if any, should be mentioned separately'
Otherwise it will be presumed that rates include all these
taxes.
w. If any damages happen to the property of FSI during work at
FSI while assembling and testing the cradle, the same has to
be made good free of cost to the original status by the
contractor to the satisfaction of tt,e Zonal Director FSI.
x. Tenderer shall take into account all costs including
installation, testing, commissioning, cartage etc. for giving
delivery of material at site i.e. FSI, Kochi before quoting the
rates. In this regard no claim for any extra payment for any
reason shall be entertained
y. Conducting a full load test of the completed cradle by a
competent authority registered under the Directorate of
Factories and Boilers, Govt. of Kerala and submission of the
test certificate to this office.
z. While submitting the tender, if any of the prescribed conditions are
not fulfilled or are incomplete in any form, the tender is liable to be
rejected. If any tenderer stipulates any conjllgox -of his own, such
conditional tender is liable to be rejected trshery Ni
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aa. The Zonal Director FSI reserves the reject any
tender/bid wholly or PartlY or to and
reject all bids at any time Prior without
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Page | 7
 thereby incurring any liability to the affected bidder or bidders or any
obligation to inform the affected, Bidder or Bidders as part of this
Institute's action.
bb. Delayed receipt of tenders will not be accepted on any account.
cc. Firms tendering their offer should note that their offers shall remain
open for acceptance for a period of Six months from the date of
opening of tenders and the competent authority shall have the
authority to extend the date for a month.
dd. Tender qualified by vague and indefinite expressions will not be
considered.
ee. Only tenderers/representatives, who have furnished the E.M.D or
those who has submitted relevant document for EMD exemption will
be allowed to attend the tender opening.
ff. Any dispute or contradiction that may arise between the ZonaJ
Director, FSI and the contractor on account of the contract shall at
the instance of either party be referred to the Ministry of Fisheries,
whose decision given in writing shall be final, conclusive and
binding. The Zonal Director may at his discretion delegate in writing
to any of his subordinates any of his powers regarding tJrese
specifications.
The Tenderer should quote his rate in Iigures as well as in words,
correction if any shall be attested by full signature and seal of the
tender.
hh. Tenders are to be submitted in two bid pattern in. Technical Bid and
Financial Bid in two separate sealed covers distinctly marked and
sealed inside in a single envelope, duly superscribed with Tender No.,
due date and time. Two bids ie, Technical Bid should contain
complete technical aspects except-price and financial bid should
contain price elements only. On the due date the Technical Bid Part-I
will alone be opened. After technical evaluation of the Bids the
Financial Bids (Part-II) of the successful technical bidders will be
opened, on a later date, in the presence of the successful Tenderers
for which a separate intimation will be issued. The envelope should
be superscribed as 'TENDER FOR FABRICAION AND
COMMISSIONING OF 25O TON LOAD CARRYING CAPACITY
SLIPWAY CRADLE- and addressed to the Zonal Director, Cochin
Base of Fishery Survey of India, Marine Engineering Division,
Cochin-16 may be sent so as to reach this office not later than 3.00
P.M. on 20lOS|2O2I

Page l8
2. Guarantee /Warrantee:
The cradle carriage supplied'will be guaranteed for one year
from the date of commissioning for the quality and strength'
In case of failure of the cradle carriage as a whole or in part
the same will be replaced at free of cost by the Contractor.
3. Earnest Money Deposit

a. The units registered with Micro Small Enterprises (MSEs) as

defined in MSE Procurement Policy issued by Dept. of Micro,
Small and Medium Enterprises (MSME) or are registered with
the Central Organization or the concerned Ministry or
Department or Startups as recognized by Department of
Industrial Policy & promotion (DIPP) shall be exempted from
the payment of Bid Security (Earnest Money Deposit) as
defined under Rule 170 (i) of General Financial Rules (GFR-
2OI7\. In such case, copy of the Certificate showing
registration with the above mentioned institutions. to be
uploaded in Cover-I of the e-tender in PDF format.
b. In unit is not covered, as above, it shall submit the
case the
offer along with the Bid Security for Rs.2,50,000 /- (Rupees
Two lakh Fifty Thousand only)

The Bid Security of Rs.2,50,000 /- (Rupees Two lakh Fifty

Thousand only) can be submitted in the form of Demand
Draft/ Bankers Cheque in favour of "Zonal Director, Cochin
Base of Fishery Survey of India" payable at State Bank of India,
Kalvatti Branch, Cochin- 1 or Bank Guarantee in the prescribed
format, valid for 45 days beyond the final bid validity period.
Name of the Bidder, Tender and Tender reference No. has to
be furnished behind the Bid Security DD/Bankers Cheque.
The offers without Bid Security will be rejected.

d. The Bid Security will be returned to the unsuccessful bidders

after the orders are placed with the successful bidder. No
interest will be paid for the Earnest money deposited. Tenders
without E.M.D./Bank Guarantee towards EMD will be
rejected.
e. Where a person whose tender has been received by FSI,
intimates the ZONAL DIRECTOR, FSI that he is not willing to
abide by the terms of the tender o1 raws the tender,
before receipt of finai acceptance person whose
tender has been accepted, fails greement in
such forms as aforesaid in res aterials for
which the tender is accept s of such
acceptance having made known eposited by
him is liable to be forfeited.
Page | 9
I
i

f. The Bid Security will be forfeited if the bidder fails to accept

the order based on his/her offer or fail to supply the items.
g. The EMD will be returned to the party after completion of the
work and submission of PBG

4. Performance Security
a. The successful Firm/Party is required to remit a performance
Security (or Performance Bank Guarantee (PBG) or Security
Deposit (SD) amounting to 5 o/o of t}:,e cost of item in the form
of an account payee Demand Draft drawn in favor of "Zonal
Director" payable at State Bank of India, Kalvathi Branch,
Ernakulam or Fixed Deposit receipt from a commercial bank,
bank guarantee issued/ confirmed from any other commercial
bank in India in an acceptable form as directed by this office.
The Performance Security to be remitted within l4 days after
notification of the award of contract and it should remain
valid for a period of one year beyond the date of completion of
the work and successful load testing
b. Performance Security shall be refunded to the contractor
without interest, after he duly performs and completes the
contract in all respect but not later than one year of
completion of all such obligations including warranty under
the contract.
c. Performance Security will be forfeited and credited to the
Procuring Entity's account in the event of a breach of
contract by the contractor.
5. Payment
a. Advance payment to supplier -
i. Thirty per cent of the contract value to private firms
ii. Forty per cent of the contract value to State or Central
Govt. agency or a Public Sector Undertaking.
iii. While availing advance payment as above, adequate
safeguards in the form of bank guarantee etc, shouid be
furnished by the firm (refer Annexure V Clause 5).
b. Part payment to Supplier-
l. Part payment to the supplier shall be released on receipt
of the materials at FSI premises in terms of the contrait
(refer Annexure V Clause 5).
Payment of the contract amount/ balance amount due
will be made by cheque/NEFT on submission of pre-
receipted bill in triplicate to the undersigned. S% of the
total contract value will be deducted from the bill as
Page 110
 security deposit to cover the guarantee / warranty terms
and will be released only after one year from the date of
commissioning of the ciadle carriage on satisfactory
fulfillment of terms of the contract.
6. Insurance Clause
A11 materials supplied and workers employed by the
Contractor should be fully insured for any damages or risk or
loss iikely to occur during transportation or at site.
7. Subletting and assignment clause
The Contractor shall not, save with the previous consent in
writing of the Zonal Director, sublet, transfer or assign the
contract or any part thereof or interest therein or benefit or
advantage thereof in any manner whatsoever, provided,
nevertheless, that such censure shall not relieve the
contractor from any obligation, duty or responsibility under
the con tra ct.
8. Liquidat6d damages
In the event of any failure on the part of the Contractor to
complete the work within the period stipulated in the work
order, the contractor shall be liable to pay to FSI, liquidated
damage at the rate of 2o/o of the order value per month or part
of the month of delay for completion of the work subject to a
maximum of 10%.
9. Cancellatlon of contract
In the event of the contractor going into liquidation or winding
up their business or subletting the contract prior permission
of FSI or failing to observe any of the provisions of the
contract or in the opinion of FSI, the progress of work or
quality of work is not satisfactory, Zonal Director, FSI has the
right to terminate the contract forthwith in addition and
without prejudice to any other right or remedies. The Office
will also be entitied to claim from the contractor any loss or
expense that Office may incur by reasons of the breach of
contract in full or part of the contract.
1O. Jurisdiction clause
\_rh questions, disputes or difference arising under, out of or in
ection with the contract shall be subjected to the
lusive jurisdiction of court with the local limits of whose

Page 111
It?'*zz,rrl:
jurisdiction and the place from which the contract is issued is
situated (i. e Ernakuiam).
11. With-holding and Lien in respect of sums claimed clause
a. Whenever any claim for full payment of a sum of money
arises out of or under the contract against the contractor the
purchaser will be entitled to withhold and also have a lien to
retain such sum or sums in whole or in part from the
security, if any, deposited by the contractor and for the
purpose aforesaid, the purchaser shall be entitled to
withhold the said cash security deposit or the security if any
furnished as the case may be and also have a lien over the
sums pending final.rzation or adjudication of any such ciaim.
In the event of the security being insufficient to cover the
claimed amount or amounts and if no security has been
taken from the contractor, the purchaser shall be entitled to
withhold and have a lien to retain the extent of such c]aimed
amount or amounts referred to sLlpra from any sum or sums
found payable or which at any time thereafter may become
payable to the contractor under the same contract or any
other contract with the purchaser or its agency.
b.lt is an agreed term of the contract that the sum of money or
monies so withheld or retained under the lien referred to
above by the purchaser will be kept withheld or retained as
such by the purchaser, ti11 the claim arising out or under the
contract, is determined by the competent court, as the case
may be and that the contractor will have no claim for interest
or damages, whatsoever, on any account in respect of such
withholding or retention under the lien referred to supra and
duly noted as such to the contractor. For the purpose of this
clause, where the contractor is partnership firm or a 1imited
company, the purchaser shall be entitled to withhold and
also have a iien to retain towards such claimed amount or
amounts in whole or in part from any sum found payable to
any partner/ limited company as the case may be whether in
his individual capacity or otherwise.

.. -tj:9. Any other conditions not covered by the above sha1l be

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, - .governed by the General conditions of contract of Govt. of
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Page 112
'
 ANNE,XURE I
Schedule of Rdquirement
Scope of Work

Fabrication and commissioning of 19 mtr x 4.84 mtr size steel cradle

carriage of about 34 tonnes for the Slipway of Fishery Survey of India
as per the drawings and specification

The specification and details of the cradle carriage are given in the drawings.
Some broad specifications are given below:-

1 Total overall length of cradle 19 meters

a Total overall width of cradle 4.84 meters
., Load carrying capacity 250 Metric tonne
4 Cradle side wheel 4 Nos
5 Cradle bogies (body) 4 Nos.
6 Cradle bogies wheel 8 Nos.
7 Wheel axle with bushings 16 Nos.
8 Bracing arm 'A' with support 4 Nos.
9 Bracing arm B' with support 8 Nos.
10 Keel beam 9 Nos.
11 Locking Bolts 2 Nos.
t2 Locking Pin 24 Nos
13 Pulley Frame and pulley 1No
l4 Keel Box 9 Nos

The maximum weight of the Cradle is estimated about 34 tonne which is to

be fabricated out of Ship building quality HT structural members such as
channels, angle iron etc, and plates conforming to ASTM 514 Gr
B/EN10025:6 S690QL or equivalent. The welding to be performed using
weiding rods of AWS Grade E 70 18 or appropriate welding rod for the
material used. The mill scales of the steei plates to be removed and applied
with a coat of marine grade zinc chromate primer on both sides of the sheet.
A11 bush bearings are to be made of good quality gun metal.
The axles should be made of good quality Nickel Chrome Molybdenum
combination material conforming to EN24 material compositions and
mechanical properties and machined finished to high surface finish
The quenching operation of wheel shall be carried out in such a manner as
to prevent the formation of cracks. The wheels shall be sound throughout
and free from cracks, surface flaws, larriinations, inclusions, laps, hydrogen
flakes and all other harmful defects.

The cradle carriage is to be made in 2 halves longitudinally. The dimensions

are given in the drawings. The cradle after manufacturing has to undergo
surface preparation and should be painted with one coat of Epo><y primer
and 2 coat of Epo:,<y anti-corrosive paint (Marine Quality/ Sigma
marine/Akzo Nobel (International)/Jotun).
The cradle can be fabricated in separate parts at your site and assembled at
FSI slipway. The assembling and final fabrication of the cradle at the FSI
slipway should be done by the contractor using his own men. The contractor
has to make his own arrangement for all other materials required for the
fina-l construction and for assembly.

After assembling, a trial for satisfactory performance of the cradle should be

arranged at the Oflice slipway. Necessary assistance for taking trial will be
provided by this Oflice. Any damage caused to the Govt. property or men
during such trials would be the responsibility of the contractor as given in
the general terms and conditions of the tender. The cradle would be
accepted only after, the Engineers of the Office satisfr themselves about its
satisfactory performance.
Minor modification/additional works up to 1.5% of the total weight may be
carried out as per the requirement of the competent authority of FSI without
any additional costs.

A similar cradle is available in this office. Interested parties can

inspect the cradle carriage during office hours on all working days before
quoting their rates. Further details, if any, will be made available by Officer
In Charge, Marine Engineering Division, Fishery Survey of India, Cochin-16.
Workmen should be qualifred Fitters and Welders should have
certified by IRS or AWS. Quality inspection/Welding supervisor to be
engages for fabrication.

The material test certificates, certified by a competent authority

matching the material standards specified in the Annexure I should be
submitted to this oflice for approval before commencement of the work.

Page I 14
 ANNEXURE II
TECHNICAL BID, PART - I

SUB: TENDER FOR FABRICATION AND COMMISSIONING OF 250 TON

LOAD CARRYING CAPACITY SLIPWAY CRADLE

No: FSI/MED/CRADLE/20 18- 19 DATE

i. Name of the Firm

2. Address

J. Validity period of the Tender

Period required for execution of
4.
contract
5. Details of EMD

6. Guarantee period

7. Payment terms

Document for proof of execution of

8.
similar works

SIGNATURE& STAMP OF THE TENDERER

format should be duly filled in and returned in Part-I Technical

ng with the Tender documents in full. Every page of the tender
to be signed by the tenderer in token of having accepted the
mentioned therein.
Page 115
List of Documents to be submitted ia Cover_I Technical Bld
1. Copy of Bid Security by way of Demand Dra_ft, Bank Guarantee
or
certilicate showing its exception, if claiming.
2. Full Address/contact details.
3. Copy of GST Registration
4. Income Tax return of last three years ending March, 2020.
5. Annual turnover statement certif,red by cA for the last three years
ending 2020.
6. Copy ofPAN Card
7' Details of technicar support and servicing facility available rocalry
and nationally.
8. Copy of the registration details of the firm.
9- complete specification of the materials that will be used
.for the
fabrication work along with manufactures name with its supporting
documents (if any).
1o. copy of the work completion report or related documents towards the
works undertaken by the firm at reputed firms, public sector
undertalings or Govt departments.
1 1. Tender documents duly signed
by the bidder.
12' If the unit registered with MSME an attested copy of certificate and
Bank Guarantee towards EMD.
13. Welding procedure specification and quality standard.
14. All the documents have to be signed and stamped by the Bidder.

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Page I 16
 ANNE:XURE III
FII{ANCIAL BID. PART . II

SUB: TENDER FOR FABRICATION AND COMMISSIONING OF 250 TON

LOAD CARRYING CAPACITY SLIPWAY CRADLE

No:-FSI/ MED/ CRADLE/ 2018- 19 DATE:

1. Name of the Firm

2. Address

Total price of the cradle for

fabrication and
I
commissioning at site
(including, erection, freight
and other charees).
.1_

Tax

TOTAL AMOUNT (Rs.)

SIGNATURE AND STAMP OF THE TtrNDERtrR

Page | 17
 AITNE)(URE TV

FORM OF BANK GUARANTEE{OWARDS EARNEST MONEY

(BrD BOND)

In consideration for the Director General, FSI, Mumbai, represented by the

Zonal Director, Cochin Base of Fishery Survey of India , Cochin- 16
(hereinafter referred to as Zonal Director, which expression shall include his
successors and assigns) of the first part and
M/ s. ... . ... .. ... . (hereinafter referred to
as "Tenderer") on the second part. The Director General having agr:eed to
accept the Earnest Money Deposit of Rs.................
(Rupees.. .. ... .. .......) in the form of
Bank Guarantee for the tender for the work of fabrication and
commissioning of cradle of slipway of FSI. We hereby agree to pay the Zonal
Director on receipt of his demand a sum of
Rs....... .......... ....... ...)and the Guarantee wifl expire
on................
In the event of the Tenderer withdrawing his tender before the expiry of 6
months, from the last date of submission of the tender, the tender shall be
cancelled and the earnest money deposited by the Tenderer stands forfeited
to the Zonal Director, FSI, Cochin-16 and it is agreed that the except as
specilically stated herein before, we accept no liability to make payment to
the Zonal Director, FSI, Cochin-16 in respect of any default by the Tenderer
in submitting his tender and we also undertake not to revoke this guarantee
during the currency of the above mentioned period of 6 months except with
the previous consent of the Zonal director, FSI, cochin-16 in writing and we
further agree that our liability under the Guarantee shall not be discharged
by a.ry variation in the term of the said tender and we shal1 be deemed to
have agreed to any such variations. Notwithstanding anything contained in
the foregoing, our liability under this guarantee is restricted in
Rs.......................(Rupees.
.....)Our guarantee shall remain in force for 210 days. Unless a deemed
under the Guarantee is made on before all rights of the Zonal Director, F.SI,
cochin under the said guarantee shall be forfeited and we shall be released
and discharged from all liability there under.

Dated. fr Day of ..................2021.

FOR THE BANK OF

AGENCY/MANAGER

Page 118
 ANI{EXURE V
FORM OF AGREEMENT

AGREEMENT TO FABRICATE, COMMISSION AND SUPPLY CRADLE FOR

SLIPWAY OF FSI, COCHIN-16

This agreement made this..................''.......'....Day of......................... two

thousand and twenty between llne Zonal Director, Cochin Base of Pishery
Survey of India, Cochin-16, Dept of Fisheries, Ministry of Fisheries, Animal
Husbandry and Dairying, acting through the President of India(herein after
called the Owner) on one part and" ' ... . . . . .. ' (hereinafter called

the Contractor) on the other Part.

WHEREAS THE Contractor has tendered to fabricate, commission and
supply as described in more detail in clause-I below, to the owner and to
maintain/ Guarantee such works.
WHEREAS the Owner has accepted the tender

AND WHEREAS the Contractor has deposited/given Bank Guarantee for

Rs........................ (Rupees
) as security for the fulfillment of all the conditions of this contract'

NOW THESE PRESIDENT WITNESS that for carrying the said agreement
into execution, the Contractor on the one part for himself, his heirs,
executors, and Administrators and Legal Representatives and the Owner on
the other part for himself, his assignees or successors in oflice mutually
covenant, declare, contract and agree in the manner as follows:

CLAUSE-I I{ATURE OF trIORK:

1.1 The contractor shall fabricate, commission and supply 250 tones load
carrying capacity slipway cradle at slipway of Marine Engineering
Division, FSI, Cochin- 16 along with all the equipments as per the
specifications and drawings.

1.2 No modifications to the issued design and specification shall be made by

the contractor.

Page | 19
CLAUSE 2- DELWERY PERIOD:

2.1 The cradle will be completed by tlie Contractor as per this Agreement
and will be delivered by
2.2 The delivery period stated in Clause, 2.1 will be further subject to Force
Majeure Conditions stated in Clause-3.

CLAUSE 3- FORCE MAJEURE CONDITIONS:

3.1 Neither party shall be deemed to be in default or in breach of the

Contract if he is unable to perform his obligations under the contract
owing to circumstances beyond his reasonable control. Such
circumstances (hereinafter referred to as "Force Majeure" include, but
shall not be limited to the following:-
3.2 Acts of God, including storm, earthquake, flood or any other such
operation of the forces of nature above his reasonable foresight, ability
could not foresee or reasonably provide against.

3.3 War (declared or undeclared) hostilities, invasion, act of any foreign

enemy, threat of or preparation for war, riot, insurrection, civil
commotion, rebellion, revolution, usurped power, civil war, and labour
troubles or other industrial troubles strike, embargo, blockade,
sabotage of labour.

Notice:

The party allocated by Force Majeure shall give the other party a written
detailed account of the circumstances of the force majored as soon as
practicable, but not later than 14 days from the occurrence.

CLAUSE -4 CONTRACT PRICE:

4.1 The contract price for the cradle 1S

Rs................................ (Rupees )which
includes the following:

a. Cost of cradle Rs................

(Rupees........ ......)which
includes the cost to fabricate, commission and supply equipment
(fitted) and in accordance with the specilications accepted in the
Contract.
b. Cost of transport and insurance.
c. Taxes and duties. Rs................
Page 120
 CLAUSF-S TERMS OF PAYMENT:

The contract price for the cradle will be phyable as per the following stages'

5. 1 Cost of the cradle:

5.2 Advance Payment: 30% of the cost of the cradte (40% in the case
of Public Sector Iirm)

5.3 2nd installment: 4Oo/oof the cost of the cradle receipt of

equipment in the Yard site.

5.4 3.d installment: 25o/oof the cost of the cradle on

commissioning and testing (l5o/o in the
case of Public'Sector Firm).

After conduct of trial, handing over and

acceptance of the cradle at site of Slipway,
FSI, Cochin-16.

5.5 Security Deposit : the Contract value- The amount shall

57o of
,,'-f",i;B\.. be released after one year on satisfactory
l'S"f .f'{\lv))\ completion of the Guarantee clause

(ffiI# ON/ TEST:

:XIHI$J (;
k4'* effort shall be made by the Contractor to satisfy the Owner about
the worthiness of the cradle during inspections and testing' The
contractor shall provide all necessary facilities to carry out
inspection/test at all reasonable times without any let or hindrance'

CLAUSE 7. GUARANTEE:

7.1 The fabricator shall stand guarantee for the performance of the cradle
as indicated in Specifications - Annexure 1'

7.2 The cradle to be built shall be fully guaranteed against using faulty
material or bad workmanship for a minimum period of 12 months from
the date of acceptance within which the guarantee and repairs
PaBe | 21
 including spares found in any shall also be carried out at our yard by
the contractor
7.3 During the guarantee period, all parts which become unserviceable
solely due to faulty material andlor bad workmanship sha1l be rectified
or replaced by the Contractor. In case where it is not practicable and
expedient to rectiff or replace by the Contractor, the contractor may
authorize the owner to carry out such repair by another party/parties
of the owner's choice at the Contractor's cost.

7 .4 The Contractor shall fumish a guarantee for working of the cradle for a
period of one year from the date of commissioning. For this purpose one
year shall mean twelve calendar months during which the cradle shall
remain in commission and will not include the period or periods during
which the cradle shall be out of commission due to defective materials,
bad workmanship etc covered by the manufacturer's guarantee. The
Contractor shall be liable for such liquidated and ascertained damages
or losses suffered by the Govt. of India as a consequence of the cradle
being out of commission during the one year's guarantee for the trouble
free working of the cradle mentioned in this clause.

7.5 The amount of securit5r deposit/Bank guarantee shall be 5% (five per

cent) of the contract value (As per Clause 9)

CI,AUSE 8- CONSTRUCTION SCHEDULE

/j_+)!,,;F,},Tel,?$ tractor shall furnish to the Owner, a time bound schedule for
al{.|";lhelr4bj tion of the cradle. This schedule shall be submitted to the
-=/-.'"i'bhila with the acknowledgement to be given by the Contractor
=F\s'-^,\':< " I;
r^ " ;'iitiile or receipt of the acceptance letter.
(;:i:r3*
tractor shall do his best to adhere to this fabrication schedule.

CLAUSE 9 . LIQUIDATED DAMAGE DUE TO DELAY IN EXECUTION:

9.1 If the Contractor fails to complete the supply in all respects within the
period specified or within such extended period as may be allowed by
the concerned authority. The Contractor shall pay or a1low the Owner
to deduct a sum equivalent to 17o of the contract value of the unfulfilled
poftion of the work per week (7 days) as indicated and ascertained
damages subject to a maximum of 5% of the contract rate.

Page | 22
 CLAUSE 10- JURISDICTION AND APPLICABLE LAW:

10.1 The contract would be governed by Indian Laws.

10.2 All disputes, differences and question which may at any time arise
between the parties shall be decided according to Indian Laws and be
subject to the exclusive jurisdiction of Courts at Ernakulam.

CLAUSE 1 1- ARBITRATION:

11.1 The Venue of the arbitration shall be Ernakulam. The provisions of

the Indian Arbitration and Conciliation Act in force shall apply to the
Arbitration proceedings.
CLI\USE-l2. DOCUMENTS
12.1 The documents of tender, drawings and specifications supplied would
be treated as part of the contract. .

I
IN WITNESS WHEREOF

.AND

Shri.............. .....on behalf of the

respective parties have hereunto set their respective hands, the day of the
year first above mentioned.

Page 123
 ANNEXURE VI

FORM OF BANK GUARANTEE FOR ADVANCE PAYMENT

(TO BE USED BY APPROVED SCHEDULED BANKS)

In consideration for the Director General FSI, Mumbai, Govt. of India, Dept'
of Fisheries, Ministry of Fisheries, Animai husbandry and Dairying
represented by tkre Zonal Director, Cochin Base of Fishery Survey of India,
Fine Arts Avenue, Kochi- 16 (hereinafter referred to as Owner which
expression shall include his successors and assigns), having agreed to
exempt......... ...... (hereinafter called "the said Contractor(s)
from the demand under the terms and conditions of an agreement to be
centered
between"""" """""'and"":"""""
for.........'.........

;; il ;; ;;;;;;;,.; il ;;; ;,il,;;;; ;";:'3,TJ;Iff*:i$:?f:

terms and conditions contained in the said on production of agreement a
Bank Guarantor for
(Rupees........ ) Bank Ltd (hereinafter
.. ............... .

referred to as "the Bank") do hereby undertake to pay to the owner an

amount not exceeding Rs................. .........against any loss or
damage caused to or suffered or would be caused to or suffered by the
owner by reason of any breach by the said Contractor (s) of the terms or
conditions contained in the said Agreement.
We............... '..'..bank, do hereby
undertake to pay the amount due and payable under this guarantee without
any demur, merely on a demand from the Owner stating that the amount
claimed is due by way of loss or damage caused to or suffered by the owner
by reason of any breach by the said contractor(s) of any of the terms or
conditions contained in the said Agreement or by reason of the Contractor(s)
failure to perform the said agreement. Any such demand made on the Bank
shall be conclusive as regard the amount due and payable by the Bank
under this guarantee. However our liability under this guarantee shall be
restricted to an amount not exceeding
Rs.................

We.. ... ... ...... . . . .. . ... ... .......bank, further agree that
the
guarantee herein contained shall remain in full force and effect during the
period that would be taken for the performance of the said agreement and
Page | 24
that it shal1 continue to be enforceable till all the dues of the owner under or
by virtue of the said agreement have been fully paid and its claim satisfied
or discharged or till the owner certilied that the terms and conditions of the
said agreement have been fully properly carried out by.

The said contractor (s) and accordingly discharges the guarantee. Unless a
demand or claim under this guarantee is made on us in writing on or within
three months from the expiry date i.e from..........................we shall be
discharged from all liability under this guarantee thereafter.

We............... .....Bank, further agree with the

Owner that the Owner shall have the fullest liberty without our consent and
without affecting in any manner or obligations hereunder to vary any of the
terms and conditions of the said agreement or to extend time of performance
by the said Contractor (s) from time to time or to postpone for any time or
from time to time any of the powers exercisable by the owner against the
said contractor(s) and to force or enforce any of the terms and conditions
relating to the said agreement and we shall not be relieved from out.liability
by reason of any such variation or extension being granted to the said
Contractor(s) or for any forbearance, act or omission on the part of the
Owner or any indulgence by the Owner to the said Contractor(s) or by any
such matter or thing whatsoever which under the law relating to sureties
would but for ttris provision have effect of so relieving us.

We undertake to pay the Government any money so demanded

notwithstanding any dispute or disputes raised by the
contractor's/ supplier(s) in any - quit or proceeding ending before any court
or Tribunal relating thereto liability under this present being absolute and
unequivocal.
The payment so made by us under this Bond shall be a valid discharge of
our liability for payment there under and the contractor's)/ supplier(s) shall
have no claim against us for making such payment.

This guarantee will not be discharged due to the change in the constitution
of the Bank or the contractor(s)/ supplier(s).

We............... Bank, lastly undertake not to revoke

this guarantee during its currency except with the previous consent of the
owner in writing.

FOR THtr BANK OF

Page 125
 ANNEXURE VII
PERFORMANCE GUARANTEE

To

The Zonal Director,

Cochin Base of Fishery Survey of India,

Marine Engineering Division,

Foreshore Road, Cochin- 16

In consideration of the President of India, acting through the Zonal Director,

Cochin Base of Fishery Survey of India, Cochin- 16, Govt. of India, Ministry
of Fisheries, Animal husbandry and Dairying, Dept. of Fisheries (hereinafter
ca-lled the "Owner" having concluded contract dated............
(hereinafter called "contract") with and having its office at (hereinaffer called
the contractor) for fabricating and commissioning and supplying of cradle
for slipway of FSI, Cochin- 16

At the request of the contractor and in consideration of the description in

the Contract, we... .... ... ....... ........... (hereinafter called the
.

"Bank"), do as primary obligator, hereby unconditionally and absolutely

undertake to pay for any loss or damage caused to or suffered by the owner
by reason of any failure of the contractor to perform or, omission or
negligence to perform any part of his/their obligation to the satisfaction of
the owner in terms of the contract any such demand made by the owner on
the bank shall be conclusive as regards the amount due and payable by the
Bank under this Guarantee. However, our liability under this Guarantee
shall be restricted to an amount not exceeding Rs.......................which is
5% (five percent of the contract price as described in the contract.

We ........ .... . . ..........further agree that the Guarantee herein

shall be a continued one and remain in full force and effect during the
period that would be taken for the performance of the said contract and that
it shall continue to be enforceable till the owner's acceptance of the cradle
and the Bank Guarantee for warranty shall continue for 12 months after
the delivery date.
The compensation to the owner by us a mentioned above is hereby
guaranteed in such a manner that we effect compensation to the owner
within 15 (fifteen) business days after receipt of owner's first written
demand signed by the duly authorized oflicer(s), stating that the builder is

Page 125
obliged to make such compensation in accordance with the terms
of the
contract and that the contractor has failed to make such a compensation.
This letter go Guarantee shall become effective from the date of receipt by
the contractor of the Advance payment paid by the owner and be valid
Lp to
the delivery date stated in the contract for the fun amount guaraoieed
hereby and up to 12 months after the.derivery date fufl amount guaranteed.
we further undertake not to revoke this guarantee during its currency
except with the previous consent of the owner in writing. our obligation
hereunder shall not be affected by the bankruptcy or insoivency of the
contractor.
Any claim or demand shall be made on us in writing, signed by the duly
authorized officer(s) and may be sent to us by hand or by post
This guarantee is not assignable.

Upon its expiration, this letter of Guaraltee shall automatically become

nulr
ald void and shall be returned to us for our record.

Bank's name

Page | 27