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GENERAL CONDITIONS OF JNPT CONTRACT (6)
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GENERAL CONDITIONS OF JNPT CONTRACT (2)
GENERAL CONDITIONS OF JNPT CONTRACT
INSTRUCTIONS TO Jawaharlal Nehru Port Trust (JNPT) tenders
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INSTRUCTIONS TO Jawaharlal Nehru Port Trust (JNPT) tenders

Sealed tenders in two-cover system (Technical & Price Bid), are invited on behalf of Jawaharlal Nehru Port Trust (JNPT), from reputed manufacturers fulfilling the Minimum Eligibility Criteria (MEC) as detailed at clause 2.1.1 of the tender document for the work of, Design, Manufacture, Supply, Installation, Testing, Commissioning and Guaranteeing the performance of 6 Nos. of New Rubber Tyred Yard Gantry Cranes (RTYGCs) at JNPCT.

2.1.Minimum Eligibility Criteria (MEC)

a. Financial Standing. The average annual financial turn over of the tenderer over the past three years shall be at least Rs 72,00,00,000/- (Rupees Seventy Two Crores) or US Dollars 12,600,000.00 (US Dollars Twelve Million, Six Hundred Thousand) b. Experience : The tenderer should be in the business of designing, manufacturing, Supplying and Commissioning of RTYGCs, at least for the last seven years. C. Capacity and Capability : The tenderer should have supplied at least 4 (Four) nos of RTYGCs during the last three years. d. Satisfactory Performance : At least four RTYGCs supplied in the last three years must have completed warranty period satisfactorily. e. Recent Business Activities : The tenderer should have supplied or is in the process of manufacturing at least two RTYGCs during the last two years. All the tenderers participating in this tender shall be evaluated so as to meet the above requirements of MEC.

2.2 LAST DATE FOR SUBMISSION OF TENDER

.1 Tenders shall be received in the office of the Chief Manager (Traffic), Jawaharlal Nehru Port Trust, Administration Building, Sheva, Navi Mumbai, up to 1500 hrs on 18/02/2013. .2 JNPT, may at its sole discretion reserves the right to extend the date for receipt of tender. Tenders received after the aforesaid time and date or the extended time and date, if any, shall be returned unopened to the Tenderer. Tenderers to note that JNPT shall not be responsible for late receipt of any offer due to postal delays or any other delay for whatsoever reasons.

2.3 TENDERER TO INFORM HIMSELF FULLY

.1 The Tenderer is expected to examine carefully the contents of the tender document like, Instructions to the Tenderers, General Conditions, Scope of work etc. Failure to comply with the requirements of the tender will be at the Tenderer's own risk. It would be deemed prior to the submission of the tender that the Tenderer has made a complete and careful examination of requirements and other information set out in the tender document. The Tenderer shall be deemed to have, visited the site and surroundings and have obtained all necessary information in all the matters whatsoever that might influence while carrying out the works as per the conditions of the tender and to satisfy himself to sufficiency of his tender, etc. .2 The Tenderer is advised to get acquainted himself with the job involved at the site, like availability of labour, means of transport, communication facilities, laws and bye laws in force from Government of Maharashtra and Govt. of India and any other Statutory bodies as well as CISF regulation for the issue of passes and collect all information that may be necessary for preparing and submitting the tender and entering into Contract with JNPT. .3 Tenderer shall bear all costs associated with the preparation and submission of his tender and JNPT will in no case be responsible or liable for these costs, regardless of the conduct or outcome of the tendering process. .4 The Tenderer and/or his representatives will be granted permits to visit the site for the purpose of inspection, on receipt of a formal written request. The Tenderer will be fully responsible for any injury (whether fatal or otherwise) to himself or his representatives for any loss or damage to property or for any other loss, damage, costs and expenses whatsoever caused which but for the granting of such permission would not have arisen. The Tenderer will be liable to indemnify the Employer against any loss or damage to the property of the Employer or neighbouring property which may be caused due to any act of the Tenderer or his representatives.

2.4 EARNEST MONEY DEPOSIT (EMD)

.1 The tender shall be accompanied by Earnest Money Deposit of Rs.7,200,000.00 (Indian Rupees Seven Million Two Hundred Thousand only) or US Dollars 126,000.00 (US dollars One Hundred Twenty Six Thousand only) as stipulated in the tender. The tender not accompanied with EMD shall be treated invalid. The E.M.D. shall be submitted in the form of Bank Guarantee (BG) as per enclosed format at Annex-I (Vol. I of the Tender Document) drawn in favour of Jawaharlal Nehru Port Trust, Navi Mumbai, from any Nationalised/Scheduled Bank (Nationalised/Scheduled Bank shall mean a bank defined under section 2 (e) of the Reserve Bank of India Act 1974) having its branch at Mumbai. .2 In the event of tenderer withdrawing his tender before the expiry of tender validity period of 180 days from the date of opening of technical bid, the tender submitted by the tenderer shall be cancelled and EMD shall be forfeited. .3 The Earnest Money Deposit of unsuccessful Tenderers shall be returned on award of Contract to the successful Tenderer. No interest shall be payable on the amount of E.M.D in any case. The Earnest Money Deposit of the successful Tenderer shall be refunded only on receipt of Performance Guarantee as stipulated in the tender. .4 JNPT reserves the right to forfeit the Earnest Money Deposit in respect of successful Tenderer, if he fails to furnish the necessary Bank Guarantee towards performance within 23 days and enter into a Contract within 30 days from the date of receipt of Letter of Acceptance (LOA) as per clause 2.18.3 (d) of the tender. .5 EMD shall not be enclosed with the sealed covers containing offers, but shall be submitted separately in a properly sealed envelope so super scribed.

2.5 JNPT’S Right to Annul the Bidding Process

.1 Not withstanding anything contained in this tender document, JNPT reserves the right to annul the bidding process at any time without any liability or any obligation for such annulment, without assigning any reason. .2 JNPT reserves the right to invite revised Technical Tenders and / or revised Financial Tenders from Bidders with or without amendment of the tender document at any stage, without liability or any obligation for such invitation and without assigning any reason. .3 JNPT reserves the right to reject any Tender if at any time, a material misrepresentation is made or uncovered OR the Bidder does not respond promptly and thoroughly to requests for supplemental information required for the evaluation of the tender.

2.6 TENDER VALIDITY:

The tender shall remain valid for acceptance for a period of 180 days from the date fixed for opening of Technical Bid. JNPT reserves their right to extend the period of validity for a specific time. The request and the response, there to, shall be made in writing by post or by Fax/E-mail. However, in the event of the Tenderer agreeing to the request, he shall not be permitted to modify his tender. In the event of the Tenderer agreeing to the extension, the Tenderer shall correspondingly extend the validity of the tender suitably along with valid extension of the Bank Guarantee furnished towards EMD against this Tender. In case tenderers do not agree to extend the validity of their offer beyond the validity period, EMD of such tenderers shall be refunded after award of the contract.

2.7 AUTHORITY IN SIGNING TENDER DOCUMENTS

.1 The tender, if submitted on behalf of principals or a Partnership Firm should be signed either by all the partners or some of the partners or other person/s holding a valid Power of Attorney from other partners or all the partners constituting the firm or the Principals as the case may be. .2 In the event, the tender is signed by some of the partners or other persons or the Agents, the Tender should be accompanied by a valid Power of Attorney duly executed by partners/Principals specifying that the partners or person/s or Agents signing the tender has the authority to bind them or the firm as the case may be, in all matters pertaining to the tender. .3 In case of a Company, the tender should be signed by a person holding a valid Power of Attorney executed in his favour in accordance with the constitution of the Company. .4 In case of submission of tender in Joint Venture (JV), the following conditions shall be complied by the tenderer: • JV being registered in India for at least 7 years for supply of equipment. • The JV in India demonstrating their active involvement in the business activity over the last two financial or calendar years preceding the tender. • The JV agreement being documented and subject to scrutiny/assessment by JN Port. • The term of JV being at least equal to the warranty period completion of the equipment/work being tendered. • The JV Agreement providing for technical support including but not limited to the supply of spares during the economical lifetime of the equipment being tendered. • The experience of each JV partner would be considered on par with other Original Equipment Manufacturer subject to the collective experience of partners meeting the standards established in capacity and capability criteria indicated in MEC. • The guarantee/warranty for the equipment upto the expiry of the structural guarantee should be jointly and severally undertaken by the JV partner. .5 In case of tender submitted by the partnership firm then the partnership firm shall comply the JV clauses above for qualifying the subject tender.

2.8 AMENDMENTS

.1 At any time, prior to the last date for submission of tenders, JNPT reserves the right to amend and modify the tender document. The amendments so carried out shall be forwarded to all the prospective Tenderers prior to the last date for submission of the tender in writing either by post or by Fax and e mail including displaying the said amendment on JNPT web site. The prospective Tenderers shall immediately acknowledge receipt thereof either by post or by fax. .2 The amendment so carried out shall form part of the tender and shall be binding upon the Tenderers. JNPT may at their discretion, extend the last date for submission of the tender, to enable the Tenderers to have reasonable time to submit their tender after taking into consideration such amendments.

2.9 ERRORS IN THE TENDER DOCUMENT

.1 Tender shall be prepared, signed and submitted only by that Firm/Corporation in whose name the tender documents have been issued. The tender shall be typed or written in indelible ink and all pages of the tender shall be signed. .2 The Tenderer shall submit complete tender and the same shall be without alterations, interlineations or erasure except those to accord that instructions issued by the JNPT or as may be necessary to correct errors made by the Tenderers. Person or persons signing the tender shall initial all such cancellations, alterations or amendments. If any discrepancies found in figures and words while reading the rates in the Price Schedule the rate quoted in words shall supersede the figures. In the event of any difference between the unit rate and the total amount stated therein, the unit rate should be reckoned as the correct one.

2.10 MODIFICATION, SUBSTITUTION AND WITHDRAWAL OF PROPOSAL

.1 The Tenderer may modify, substitute or withdraw his proposal after submission, provided that written notice of modification, substitution or withdrawal is received by the Employer before the closing time on due date of submission. No offer shall be modified, substituted or withdrawn by the Tenderer after the closing time on due date. The Tenderer's modification, substitution or withdrawal notice shall be addressed to the Chief Manager (Traffic), Jawaharlal Nehru Port Trust, Administration Building, Sheva, Navi Mumbai- 400 707 with outer envelope clearly marked as Modification, substitution or withdrawal of the tender. Withdrawal of a proposal during the interval between closing time on proposed due date and expiry of the proposal validity period would result in forfeiture of EMD in accordance with clause 2.4.2 (volume-I of Tender Document). .2 STAMP DUTY & OTHER EXPENSES: All costs charges and expenses including any duty in connection with the Contract as well as preparations and completions of agreement by JNPT’s attorneys shall be borne and payable by the Tenderer. Tenderer shall ascertain the taxes and duties to be paid on his own before the submission of the bid. All taxes duties, to be paid to Govt of India, Govt of Maharashtra or any statuary bodies shall be paid by the contractor.

2.11 CONTRACT WORK AND CONTRACT PRICE:

.1 The work to be carried out (hereinafter referred to as "the Contract Works") and the Price for the same (hereinafter called "the Contract Price") shall include the work described in the specifications, schedules, drawings, etc. annexed hereto. .2 Except where otherwise expressly provided, the Contractor shall provide all materials, labour and plant and things necessary in connection with the Contract work although everything may not be fully specified and although there may be errors and omissions in the specifications. .3 The Scope of Works consists under this contract as mentioned below; Design, Manufacture, Supply, Installation, Testing, Commissioning and Guaranteeing the performance of 6 Nos. of New Rubber Tyred Yard Gatnry Cranes (RTYGCs) at JNPCT. .4 Contract Price shall be inclusive of all charges for Design, Manufacture, Third Party Inspection, Transportation including Transit/Marine Insurance, Handling, Supply and Delivery, Receipt of all Equipment/Items and handed over at Site, Installation, Trials, Testing, Commissioning of Equipment and Insurance at Site, Training of JNPT personnel, Cost of O & M Manuals and Training Manuals as per Contractual Conditions, cost of the Spare Parts and tools as per Schedule -1 (Volume-II), Warranty support as per Contractual conditions and all other incidental charges for the execution of the Contract. .5 Contractor shall arrange for training of 2 Officers of the Employer for training on PLC, Drives and CMMS at Contractor’s works. This training shall be conducted by the manufacturer’s qualified and experienced personnel while carrying out the trial run of the cranes at contractor’s works. Accommodation during the training stay of these 2 Officers at contractor’s site, shall be arranged by the contractor. Cost for the same is deemed to be included in CIF Price of the equipment. .6 Tenderer are required to quote in Price Schedule II for all the spare parts & Tools as listed at Schedule 1 (Volume-II) of the tender. However, JNPT reserves the right to review the same at the time of award of contract to the successful tenderer. Successful tenderer shall supply the spares & Tools as per the ordered list of spare parts /Tools issued along with the LOA (award of work).

2.12 LANGUAGE OF TENDER

The Tender submitted by the Tenderer and all correspondence and documents relating to the Tender exchanged by the Tenderer and the JNPT shall be written in the English language. Any printed literature, other than English language, shall be accompanied by an English translation, in which case, for purpose of interpretation of the tender, the English translation shall govern.

2.13 CONVERSION OF SINGLE CURRENCY

The Tenderers are required to quote their offer as per Price schedule of the tender document, either in US Dollars or in Indian currency or combination of Indian Currency/ US Dollars. To facilitate evaluation and comparison, JNPT shall convert all tender Prices, expressed in the US Dollar into Indian Rupees, at the bill selling rate quoted by State Bank of India on the date of opening of tender i.e. date of opening of Technical Bid. If on this date, due to any reasons such exchange rates are not available (Forex Market may be closed) the latest available rates prior to the date of opening shall be considered.

2.14 TENDER SUBMISSION

The tender submitted by Tenderer shall comprise the following: .1 A covering letter along with check list giving details of the documents being submitted with tender confirming validity of bid for 180 days & submission of Earnest Money Deposit - Envelope 1 so super scribed with the contents therein. .2 Earnest Money Deposit as per tender condition- Envelope 2 so super scribed with the contents therein. .3 The tender document is issued in two sets, one being marked as "ORIGINAL" and other as "TENDERER’S COPY". Original tender copy shall be returned along with the offer (Technical Bid), with each page of it duly signed by the authorised person and stamped with company’s seal in token of having been read and accepted the tender conditions along with Letter of application cum Tender form duly signed by the person / persons who is/are competent to sign as per format enclosed to this tender document and TECHNICAL BID. - Envelope 3 so super scribed with the contents therein. .4 Price Bid - Envelope 4 so super scribed with the contents therein. .5 One Duplicate Copy of Technical Bid (clearly marked) of the offer shall be submitted along with the original offer. .6 Tenderers are required to put each of the elements viz., Covering letter, Earnest Money Deposit, Technical Bid with tender form and Tender Document, Price Bid and Duplicate Copy of Technical Bid in separate sealed envelopes. These Five envelopes shall be super scribed as Tender No. JNP/CM(T)/CHE/RTYGC/12/01A - Design, Manufacture, Supply, Installation, Testing, Commissioning and Guaranteeing the performance of 06 new RTYGCs, at Jawaharlal Nehru Port Trust and shall be addressed to The Chief Manager (Traffic), Jawaharlal Nehru Port Trust, First Floor, Administration Building, Sheva, Navi Mumbai - 400 707, Maharashtra State, India

2.15 TECHNICAL BID

Technical Bid should not contain Prices. Disclosure/indication of Price in the Technical Bid shall render the tender disqualified and rejected. The Technical Bid shall comprise of the following information /documents which will be used in the evaluation of Tenders, .1 The Tenderer while submitting their offer for this Tender, shall also confirm in writing along with all relevant documents supporting to fact that they are meeting the MEC as specified at clause 2.1.1 of this tender document. .2 Particulars of the Tenderers as specified in the Schedule 1 (Volume-I) of this tender document. .3 Reports on financial standing of the Tenderer including annual turn over, Profit and Loss statements, and, auditor's report for the last three years, Level of working capital, Access to bank loan or credit facilities and details of the current work in progress including value, current outstanding payable etc. as per Schedule 2 (volume-I) of this tender document. If the tenderer is a subsidiary company or a member of a group and under the prevalent laws, separate accounts of subsidiary company are not available; the tenderer should submit the consolidated audited accounts of the holding company or group for the last 3 accounting years. In addition, a tenderer should submit a certificate from the auditor of the holding company certifying the turnover (sales) of the tenderer (subsidiary company) for the last 3 accounting years. A certificate only from the tenderer will not suffice. .4 Documentary evidence related to business registration/commencement. .5 List of orders executed during the last seven years. A copy of order and a certificate from the user for satisfactory commissioning of four numbers of RTYGC’s. .6 Copy of satisfactory performance certificate during warranty period for at least four numbers of RTYGC’s supplied during last three years. .7 Copy of satisfactory performance certificate after completion of warranty period of at least four numbers of RTYGC’s during the last three years. .8 Copy of the order for supply of at least two numbers of RTYGC’s during last two years. .9 Technical data of the crane as per Schedule- 2 (Volume-II) of this tender document. .10 Work Schedule showing as per Schedule 3 (Volume-I) of this tender document: .11 Details of the training programme of various categories of port employees as per Schedule 4 (Volume-I) of this tender document. .12 Quality Assurance Plan indicating all activities steps by step at various stage of project as per Schedule 5 (Volume-I) and details of instruments for Testing & quality control as per Schedule 6 (Volume-I) of this tender document. .13 Details of Sub Contractors involved in the various activities according to Schedule 7 (Volume-I) of this tender document. .14 Details of organisation showing hierarchy and key personnel as per Schedule 8 (Volume-I) of this tender document. .15 Details of current commitments and details of work completed in past, period etc as per Schedule 9 (Volume-I) & 10 (Volume-I) of this tender document. .16 Experience in having executed similar Works along with and other related details as per Schedule 11 (Volume-I) of this tender document. .17 Tentative drawings of various arrangements of the crane as per clause 3.26 (Volume-I) of this tender document. .18 Arrangement for importing spare parts, tie up with local firms for supply of spare parts, if any and arrangement for after sales service. Tenderer shall submit the information as per Schedule 12 (volume-I) of the Tender Document. .19 Details of bought out items and its quality certification plan. .20 Information regarding any current litigation. .21 Any other details, which shall establish the technical competency and any deviation from technical specification. .22 The deviations if any, shall be submitted as per Schedule 13 of the Tender Document along with Technical Bid without disclosure of the Price adjustments for withdrawal of deviations proposed by the Tenderer. However, the price adjustments proposed for withdrawal of Deviations if any, as specified by the tenderer in the Schedule 13, shall be submitted along with the PRICE SCHEDULE of the Tender. If Price adjustments are not given in the price schedule, it is deemed that particular deviation does not bear any financial implication for withdrawal of deviation. In case there are no deviations, Schedule 13 shall be stroked off by writing NO DEVIATIONS on it. .23 List of spare parts quoted as per Schedule 1 (Volume-II) without disclosure of the price. .24 In case the tenderer has entered in technical collaboration/agreement with another company, then the tenderer shall submit the MOU / Agreement (on Non-judicial Stamp paper worth Rs.100/-) duly entered prior to submission of the bid, between the tenderer and supplier (technical collaborator) stating that the company supplying technology, in writing shall jointly guarantee to undertake- full liability for warranty, performance and maintenance guarantees of the cranes, to be supplied under this tender. .25 Undertaking to ensure Integrity: The tenderer shall give an undertaking that they have not made any payment or illegal gratification to any person /authority connected with the bid process so as to influence the bid process and have not committed any offence under the PC Act in connection with the bid. The bidder shall disclose any payments made or proposed to be made to any intermediaries (agent etc.) in connection with the bid. .26 Confidentiality and Non-Disclosure agreement: Except with the written consent of JNPT, the successful tenderer and its personnel shall not at any time communicate to any person or entity any confidential information acquired in the course of the Project execution or the services rendered, this contract or JNPT’s Business Operations nor shall the vendor/Consultant and its Personnel make public the recommendations formulated in the course of, or as a result of the services. However, in case of requirement of sharing of critical business/technical information with third party, a Non-disclosure agreement shall be signed between authorised official of the successful tenderer and JNPT as per the Schedule 14 of the tender document. Note: Technical offer with counter condition shall be liable for rejection and disqualification.

2.16 PRICE BID:

The Price Bid shall contain rates of RTYGCs, as per the Price Schedule of Vol.-I of the tender document. The Price Schedule shall contain custom duty/other taxes payable, CIF Price of the equipment and spare parts/Tools as per Schedule 1 (Vol-II) (as per the format given in Price Schedule of Vol.-I of tender document), Price for Testing and Commissioning of the equipment, the cost for imparting training to JNPT personnel at JNPT site, the cost for imparting training to two JNPT officers at contractor’s works (Only one visit of 2 engineers for 7 days in Economy class) on PLCs, Drives/CMMS (Travelling expenses from JNPT to contractor’s works for two officers on training will be borne by JNPT. Contractor shall arrange for lodging, boarding & local transportation for these two JNPT officers at Contractors works.) In addition to above the expenses of two engineers deputed for inspection and testing of manufactured equipment to Contractor's site/works shall be deemed to be included in the CIF price of the equipment i.e. travelling from Mumbai to Contractor's works & back, lodging & boarding, local transportation at Contractor's works.

2.17 Conditional Price Bid shall be liable for rejection.

2.18 TENDER OPENING AND EVALUATION

.1 OPENING OF TECHNICAL BID: Technical Bids of the tender, received up to closing time on stipulated date, shall be opened on the same day i.e. 18.02.2013 at 1530 Hrs at Conference Hall, JNPT, Administration Building, Sheva, Navi Mumbai-400707 in presence of Tenderer/Tenderers representative, who may wish to be present. The Tenderer representatives who are present shall sign a register evidencing their attendance. Tenders shall be opened as per the following procedures: a) In the first instance the envelopes containing cost of tender document for the tenderers who have downloaded the tender document from web site will be checked and opened. Then the envelope covering letter (Envelope - 1) and EMD (Envelope -2) shall be opened and checked. b) Thereafter the Letter of application cum Tender form and Technical Bids (Envelope -3) of those tenderers whose tenders are accompanied by EMD shall be opened. At the time of opening only the contents of the covering letter and salient details of Technical Bids as considered appropriate by the tender opening Officers shall be read out. c) The envelopes containing the Price Bid shall not be opened. All the sealed Price Bid of the Tenderers shall be put in separate cover and sealed in presence of the Tenderer's representatives. The sealed cover containing Price Bids shall be kept in the safe custody of JNPT to be opened at subsequent date as per the procedure. .2 SCRUTINIES AND EVALUATION OF THE TENDERS a) In the first instance the documents submitted with the Technical Bid will be scrutinised to ascertain whether the Tenderer fulfils the requirements as stipulated in the Minimum Eligibility Criteria Clause 2.1.1. The tenderer who do not fulfil the Minimum Eligibility Criteria shall not be considered for further evaluation. b) The Technical Bids of the tenderers who fulfil the Minimum Eligibility Criteria at Clause 2.1.1 shall be thereafter scrutinised for responsiveness. For this purpose, a tender shall be treated as substantially responsive which meets with the all requirements of the tender documents and is without any deviations. c) After the tender opening, the whole process involving scrutiny, clarifications, evaluation and comparison of tenders and recommendations regarding award of Contract shall be confidential. Any efforts on part of any Tenderer to influence the Port Trust in any way in the process of scrutiny, evaluation, comparison of tenders and decision concerning award of Contract may result in rejection of the Tenderer’s bid. d) To assess the scrutiny, evaluation and comparison of tenders, the Port Trust may ask Tenderer individually for clarifications. Request for clarification and response thereto, shall be in writing or through FAX, e mail followed by post or through speed post. No change in Price or substance of the tender shall be sought, offered or permitted nor is the Tenderer permitted to withdraw the tender before the expiry of the validity period of the tenders in the process of clarifications. .3 OPENING OF PRICE BID a) Tenders, which are found to be in conformity with JNPT’s Tender requirement and are considered substantially responsive, shall be considered for opening of Price Bid. b) The Tenderers found to be qualified and responsive shall be informed about the date and time of opening of their Price Bids. On the stipulated date and time the Price Bids of such Tenderers who are found to be qualified and responsive, shall be opened in the presence of authorised representatives of such Tenderers who wish to remain present. c) The Comparison and Evaluation of Price Bid will be based on the total cost of the Equipment quoted by the Tenderers covering CIF Price/Ex-work Price of the equipment (RTYGCs) for Design, Manufacture, Third Party Inspection, Supply, including, transportation, transit/Marine insurance, Assembly, testing, commissioning and other cost involved for making the equipment/items available at site till it is handed over at site, including insurance as per tender, price quoted for imparting necessary operational & maintenance training to JNPT personnel as per conditions of the Contract, cost of O & M Manuals and Training Manuals as per conditions of the Contract, service during 2 years guarantee period and cost of spare parts/tools. d) The Tenderer whose bid is accepted by the Port Trust, shall be duly informed in writing. Within 15 days of receipt of intimation, regarding acceptance of its bid, the Tenderer shall submit draft Contract Agreement in the format approved by the Port Trust as in the ANNEX III (volume-I of Tender Document), and within eight days thereafter, successful tenderer shall submit performance guarantee as per clause 3.40 (Vol-I) of the tender document. Within a week of submission of Performance BG, the Contract agreement shall be signed between the Port Trust and the successful Tenderer. e) The Tenderer who’s offers are found not in conformity with the conditions of the tender, will not be considered for opening of price bids and their Unopened price bids will be returned after award of work to the successful tenderer.

2.19 NOTIFICATION AND AWARD OF CONTRACT:

Prior to the expiry of the prescribed period of tender validity or such extended time, the JNPT shall notify the successful Tenderer with Letter of Acceptance, by a FAX, e-mail followed by registered letter that his tender has been accepted. The notification of award shall constitute the formation of the Contract. The successful tenderer, at his cost shall prepare and submit five bound sets containing their technical offer and the various documentary transactions taken place between the employer and tenderer till the finalisation and award of the Contract.

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