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Tender No. CWC/RO-CNI/CFS-VBM/2016-17/ Date: 13.08.2016.

CENTRAL WAREHOUSING CORPORATION


(A GOVT. OF INDIA UNDERTAKING)
REGIONAL OFFICE: CHENNAI.

E-Tender Notice

FOR APPOINTMENT OF
Contractor for Handling &
Transportation
WORK AT
CONTAINER FREIGHT STATION
VIRUGAMBAKKAM

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Tender No. CWC/RO-CNI/CFS-VBM/2016-17/ Date: 13.08.2016.

CENTRAL WAREHOUSING CORPORATION


(A GOVT. OF INDIA UNDERTAKING)
REGIONAL OFFICE: No.4 North Avenue, Srinagar Colony, Saidapet, Chennai 15.
Phone No. 22201216/0350 Fax. 22200068.
E-mail: rmmdrs.cwhc@nic.in Web site :www.cewacor.nic.in

CWC/RO-CNI/CFS-VIRUGAMBAKKAM/2016-17 Dated: 13.08.2016

THROUGH e-TENDERING PROCESS


E-Tender Notice

The Regional Manager, Central Warehousing Corporation invites online e-tendering


under two bid system from professionally competent and financially sound interested
parties for appointment of regular Handling contractor capable of providing suitable
handling equipment/ road vehicles for handling and transportation of ISO
containers/other cargo at Central Warehousing corporation, Container Freight Station,
VIRUGAMBAKKAM as detailed below:

Scope of work Handling and transportation work of ISO Container / other cargo at
Container Freight Station VIRUGAMBAKKAM
Online (e-tendering) for above work. Tender documents will be available
Tender notice on 13.08.2016 10.00 Hrs 09.09.2016 14.59 Hrs
website: www.tenderwizard.com/CWC, www.cewacor.nic.in,
www.tenderhome.com and www.cppp.gov.in
Tender type Open
13.08.2016 10.00 HRS TO
Document downloading date and time
09.09.2016 Upto 14.59 HRS.
Schedule of E- Last date and time of online bid
AT 1500 HRS ON 09.09.2016
Tender submission
Date and time of online technical bid
AT 1530 HRS ON 12.09.2016
opening
Bid validity
period 90 days and further extendable by 30 days in one or more spell

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Tender No. CWC/RO-CNI/CFS-VBM/2016-17/ Date: 13.08.2016.
The contract will remain in force for a period of Four years from the
Period of date of joining of awarded work and will be extended for further period
contract of One year on same rates, terms and conditions at the discretion of the
CWC.
Cost of tender Rs.2000/- (Rs.Two thousand only) (non-refundable) through online mode
only which is available on tenderwizard.com/cwc.
Processing fee Rs.5750/- Inclusive Service Tax @ 15% to M/s KSEDC Ltd Bangalore By
of tender way of E.Payment / NEFT / RTGS by using Credit Card, Debit Card and
document internet banking by tenderer before 15.00 Hrs. of 09.09.2016.
Estimated Value Rs.8 Crores (Rupees Eight Crores only)
of the contract.
Estimated Rs. 2 Crore ( Rupees Two Crores only) {Approximately}
Annual Value of
Contract
Rs.2,00,000/- (Rs. Two Lakhs only) by way of Online payment available on
EMD tenderwizard.com/cwc in favour of Central Warehousing Corporation,
payable at CHENNAI.
Rs.10,00,000/- (Rs. Ten Lakhs only) with the provision of increase if volume
Security Deposit
increases in future as per conditions of this tender document.
E-procurement:
Digital Signature: The Bidder shall require Class-III Digital Signature/ Digital Security
Certificate for participating in CWCs e-tendering process (for login, downloading &
uploading of Bid documents or for submitting the e-Bid documents). Digital Signature can
be obtained from any of the certifying authority of Controller of Certifying authority
Govt. of India. The details of CCA may be obtained from the website www.cca.gov.in. For
any support required on DSC bidders may visit Contact US section of the above portal.
This Bids being processed through e-tendering/ e-procurement system. The Bid
documents are to be downloaded, filled & uploaded through e-tendering system of
Corporation at the website www.tenderwizard.com/CWC. If any Bidder wishes to
participate in the Corporation tenders, Bidder has to register (if not registered earlier)
through the website www.tenderwizard.com/CWC with a non-refundable registration Fee
of Rs.5,750/- (Rupees Five thousand and Seven hundred and Fifty only) or the fee
prescribed by them from time to time, including service tax, presently @15%) in favour
K.S.E.D.CLimited payable at Bangalore. In case of Joint Venture, Bidder is requested
to register with M/s. K.S.E.D.C.Limited in the name of Joint Venture only. The
registration fee is payable once on a yearly basis.
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Tender No. CWC/RO-CNI/CFS-VBM/2016-17/ Date: 13.08.2016.
The detailed procedure for the registration is as under :
i) Go to the url:-www.tenderwizard.in/CWC
ii) In the home page click on Vendor Registration.
iii) In the Vendor Registration form, vendor has to fill up the applicant details, digital
signature information as well as Demand draft details.
After submission of the form, the User-id and Password are generated in the
form of Acknowledgement.
iv) The registration fee through online mode of payment should be made to
M/s.KSEDC.
v) The User-id and password would be activated by M/S K.S.E.D.C Limited, only after
receipt of the registration fee.

Those bidders who failed to submit the tender processing fee to M/S KSEDC Limited
their bid would not be made available by the system and shall not be considered during
the opening of the tender.

NOTE
A. If the date fixed for opening of the tender is declared a holiday, the tender will
be opened on the next working day following the holiday but there will be no
change in the time for opening as indicated above.

B. The Regional Manager, CWC, RO, CHENNAI , may at his discretion extend this
date by a fortnight and such extension shall be binding on the tenderer.

C. The tender (quoted rates) shall be valid for acceptance for period of 90 days
from the date of opening of technical bids.

D. If the date up to which tender is open for acceptance happens to be a holiday, the
tender shall be deemed to remain open for acceptance till the next following
working day.

E. If any Tender is withdrawn or modified before, the date up to which the tenders
are valid for acceptance, the Earnest Money of the tender shall stand forfeited
and the tender shall be summarily rejected.

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Tender No. CWC/RO-CNI/CFS-VBM/2016-17/ Date: 13.08.2016.

F. Tenders received by post or any mode other than online e-tendering system of
CWC shall not be considered. Tenders received after 15:00 hours on
09.09.2016 shall not be considered. The Corporation would not entertain any
request for admitting tender received late on A/C of delay by congestion in server
/website or any other reason. The bidders are advised to submit their bids well in
advance to avoid last minute rush on the system. No complaints will be entertained
with regards to non-submission of bids online at last minute due to congestion in
server system.
G. The tenderer while signing the tender would be deemed to have read and
understood all the conditions of the tender which will be binding on him and he has
to sign on each page of the tender form & upload the same as a single PDF file.

H. CWC and the Handling Contractor (HTC) shall have to follow the provisions of
Customs Act, 1962 and the Handling of Cargo in Customs Areas Regulations,
2009 in its letter & spirit. As per Regulation 6(2) of the Handling of Cargo in
Customs Areas Regulations, 2009 the Corporation is required to seek permission
from the Customs for the purpose of appointment of HTC. Any delay in getting the
required permission from the Customs, shall not entitle the HTC to claim any
compensation/ damages against the Corporation.

The details of documents required in Technical Bid:

Experience certificate showing proven experience in the field of handling of cargo,


handling & transportation of ISO containers. Tenderer should have executed in any of
the preceding five (5) years, the work of value;

a. The tenderer should have experience of Handling and / or Transportation of


minimum number of 840 TEUs during any of the three financial years out of
the preceding five financial years. The tenderer should have direct
experience i.e. he himself should have undertaken the work of Handling and
/ or Transportation of containers and not through any other contractor.
The experience submitted as sub-contractor shall not be accepted.
Note : The requirement of minimum number of TEUs should be equal to 10%
of average annual throughput handled at the CFS during the three
preceding financial years. i.e, 840 TEUs per annum
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Tender No. CWC/RO-CNI/CFS-VBM/2016-17/ Date: 13.08.2016.

b) A certificate from the bankers about financial status and credibility showing the
solvency position up to Rs.20 Lakhs.
c) Constitution of the firm, if the tenderer is not a sole proprietary concern; for
partnership firm a partnership deed, for a registered company its Memorandum
of Association and Articles of Association. A copy of the shareholding pattern of
the firm/company/ consortium / Joint venture / sole proprietary firm/partnership
firm giving names of all Directors/Proprietors/Partners of the firm.
d) In case of a Consortium/Joint Venture Letter of commitment from each of the
member firm/company, the strength of which are desired to be considered for
evaluation of technical qualifications regarding financial parameters,
experience, ownership of equipments etc. The experience of container handling
and/or transported as mentioned above in case of Consortium/Joint Venture shall
be determined by adding together the experience of all partners of a
Consortium/Joint Venture. However, as a qualifying criterion, the lead partner
must have at least 60% of minimum experience mentioned in the above clause.
e) A copy of the Memorandum of association and articles of association in respect of
the tenderer who is a company.
f) A Police verification report of the Proprietor(s)/Director(s)/Partner(s) or Owners
of the company including firm/company/ consortium / joint venture / sole
proprietary firm/partnership firm confirming that no criminal cases are pending
against them. Such certificate is to be submitted within 30 days from award of
the contract & an undertaking is required to be given specifying that no criminal
case is pending against the bidder in form of an affidavit with the technical bid.
As per Annexure-VIII.
g) The Average Annual Gross Turnover of Rs. 50 Lakhs of sole proprietor/
partnership firm/ the Company / lead member for the last three financial years
from all sources of income including H&T business duly certified by a Chartered
Accountancy firm.
h) Details of equipment, vehicles and machinery owned and the ones, the tenderer
would be in a position to make available on date of award of contract such as (1)
One Reach stackers capable of handling 40' loaded oversized and Spreader over
dimensional containers and packages (2) 06Nos Forklift of 3.0 to 5.0MTs
capacity {3 Nos owned and 3 Nos Either Owned or through tie-up} (3) 10Nos.
Trailors for transportation of 40Containers capacity {05 Nos owned and 05 Nos

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Tender No. CWC/RO-CNI/CFS-VBM/2016-17/ Date: 13.08.2016.
Either Owned or through tie-up} (4) CLOSED BODY TRUCKS with arrangements
for locking and sealing with a capacity not less than 20cbm /9 MT and other
appropriate equipments including attachment for forklifts for handling various
diversified type of packages.
i) The equipments must be in good working condition. The contractor will have to
increase the equipment as per the requirement whenever the quantum of work
increases beyond the optimal capacity of the equipments. Proof of manufacturing
year, registration of the equipments/vehicles and ownership title must be
enclosed. Wherever, these equipments are procured under a firm tie-up with
third party, proof of such tie-up with regard to firm supply of the equipment
must also be furnished in the form of an agreement on a non judicial stamp paper
of Rs.100/- value duly self-attested. THE TENDERER EITHER OWN OR
THROUGH TIE UP PROVIDE ATLEAST ONE REACH STACKERS CAPABLE OF
HANDLING 40 Spreader AND TEN TRAILORS OF 40CAPACITY, SHOULD
ENCLOSE PROOF THEREOF WITH THE TECHNICAL QUALIFICATION
DOCUMENTS FAILING WHICH TENDER SHALL BE SUMMARILY REJECTED.
j) The bidder has an option of hiring/leasing of equipments that are required to be
owned by them as mentioned above & in Table-1 for an initial period of 180 days from
start of the work & thereafter they will have to procure & own these equipments
which are required to be owned by the bidder. For the leasing/hiring the equipments
the bidder will have to submit consent from the owner of the equipment as specified
in Annexure-IX). They will have to also furnish an Equipment deployment plan as
specified in Annexure-X.
k) ower of attorney/Authorization letter duly executed in favour of signatory,
authorizing him to sign the tender document in case the tenderer is not a sole
proprietary concern.
l) Organizational structure to be made available for handling and transport work with the
name of the master mariner, being attached for this job.
m) A self-certificate, that the tenderer (in case of partnership firm, any of its
partner/company/ consortium / joint venture / sole proprietary firm:
Had not been black listed by CWC, FCI or any Central /State Govt. / PSUs
or Local Govt., Deptt/ Autonomous Body and is not debarred from
participation in the tender process, is to be enclosed.
Contract was not terminated before expiry of contract period or Security
Deposit/EMD forfeited by CWC, FCI or any other Public

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Sector/Govt./Quasi Govt. Organization/any other client.

a) A write up duly signed from the tenderer outlining the detail of its organization.
b) Self certified copies of Income Tax Returns for the last three years are to be
enclosed. Self certified copy of the PAN card shall also be attached.
c) Self-Certified copies of the PAN card should also be attached.
d) Letter of Commitment from Consortium/Joint Venture Partners as per Annexure-
V. It shall be accompanied by a legal document signed by all the parties to the
Consortium/Joint Venture confirming therein a clear and definite manner of the
prepared administrative arrangements for the management and execution of
contract, the delineation of duties, responsibilities and scope of work to be
undertaken by each such party and the authorized representative of the
Consortium/Joint Venture.
e) The tender application shall include a copy of the Consortium/Joint Venture
agreement which shall inter-alia that all partners shall be liable jointly and
severally for the execution of the contract and the lead partner shall be
authorised to incur liabilities and receive instructions for and on behalf of any or
all partners, and the entire execution of the contract including payments shall be
done exclusively with the lead partner.
f) Self-Certified copies of valid PAN based service tax registration certificate (ST-
2) with endorsement of the cargo handling services.
g) The Tenderer has to submit check points for preparation of Bid as per the
attached/ information provided as per Annexure- IV.
h) An undertaking on the Companys letter head as per Annexure-VI, that no
amendments have been made in the tender document downloaded from the
website/internet, at the time of submission of tender document.
i) Technical bid document shall be numbered on the Top right hand corner of each
document.
j) Scanned pass port size photograph of the tenderer.
k) The bidder or their authorized signatory shall sign on all the pages of this tender
document in token of acceptance of all the terms and conditions of the tender
document with their seal and shall upload the same.

l) The contractor/bidder will have to sign a pre-contract integrity pact in the


enclosed pro-forma (Annexure V) & submit the same along with technical bid.

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NOTE AND OTHER DETAILS:
1. All above documents must be self attested with seal of company and signature of
authorized signatory.
2. Bidder must upload scanned copies of the above referred documents in support of
their eligibility of bid. In the event of any documents found fabricated
/forged/tampered/altered/manipulated during verification, then the EMD of the
bidder shall be forfeited and he/they himself/themselves would disqualify for
future participation in the tenders of Central Warehousing Corporation works for
next five years.
3. The bidder who wish to participate in the e-tendering will have to procure valid
digital certificate as per Information Technology Act, 2000. Bidder can procure
this certificate from any of the Govt. approved certifying agency i.e consultancy
services.
4. Downloading of tender document:- The tender document of this work is available
only in electronic format which bidder can download free of cost of from the
above mentioned websites.
5. UPLOADING OF TENDER DOCUMENT ALONG WITH RELEVANT
DOCUMENTS:
The tenderer shall upload scanned copies of the tender documents (technical bid )
which is downloaded by the tenderer, duly filled inand after appending the
signature on each and every page as a one PDF file.
6. SUBMISSION OF TENDER :
Tenderer shall submit their offer on the above mentioned website on or before
the scheduled date and time as mentioned above. No offer in physical form will
be accepted and any such offer, if received by Central Warehousing
Corporation will be out-rightly rejected.

INFORMATION FOR ONLINE PARTICIPATION AND GENERAL CONDITIONS :


7. Internet site address for e-tendering activities will be
www.tenderwizard.com/cwc can be seen and downloaded at CWCs website
www.cewacor.nic.in and www.eprocure.gov.in
Bidders who wish to participate in online tender have to register with the website
through the new user registration linked provided on the home page. Bidder will
create login I.D. and Password for their own registration process.

8. The digital signature certificate is normally issued within two working days. The
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interested bidders are requested to apply for the same well in advance.

9. In case the validity of the digital signature certificate has expired, the bidders
are advised to get it renewed immediately.

10. Bidders who wish to participate in e-tender need to fill data in pre-defined forms
of Technical Bids, Price Bids and Excel format only.

11. After filling data in pre-defined form, bidders need to click on final submission
link to submit their encrypted bid.

12. The tenders are to be uploaded in two parts, Part-I containing Technical
Specifications and Part-II containing financial offer i.e. Technical Bid and Price
Bid through e-tender process only.

13. Registered Labour Co-operatives Societies should furnish the proof of


registration with Registrar of Co-operative Societies or Taluka Co-Operative
Officer along with a resolution passed by the Society to participate in the tender
enquiry.

14. The Central Warehousing Corporation reserves the right to accept/reject the
tenders without assigning any reason; the decision of the Corporation shall be final
and binding on tenderer. Any clarification regarding online participation, they can
contact: M/s. Karnataka State Electronics Development Corporation Ltd., No.
29/1, Race Course Road, Bangalore- 560001. For Local assistance of CWC may call
on help line number : Sh. S. Madan - 9941947400.

15. The parties with minimum annual gross turnover of Rs. 50 Lakhs or more during
the last 3 years duly certified by the Chartered Accountancy firm and having
proven experience for a minimum of three years during the preceding five years,
serving in container trade, are eligible to tender.

16. The contract shall remain in force for a period of four years from the date of
joining of awarded contract with a provision to further extension up to 1 (one)
year on the same rates, terms and conditions.

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17. Eligible tenderers should be in a position to make available the following
equipments/ vehicles as in table 1, in good working condition either by owning the
minimum equipments/vehicles prescribed or through firm tie-up with other
supplier/agency/partner, for which a letter of commitment or tie-up with the
supplier/agency/partner shall have to be produced.

18. The contractor shall provide GPS tracking system on all the vehicles deployed for
movement of empty / loaded containers to and from respective ports invariably.
There will be a mechanism of monitoring system in place at CFS provided by the
contractor under the control of Manager CFS. The expenses on providing such
system and its maintenance shall be borne by the contractor. In case the
contractor fails to provide such system and its monitoring at the CFS or fails to
maintain the same in working condition during the period of contract, the same will
be got done by the Corporation at risk and cost of the Contractor and the charges
shall be adjusted from any amount due to the contractor including fornightly bills
and the decision of Regional Manager / Manager CFS shall be final and binding in
this regard.

Preliminary scrutiny of bids


The Corporation will scrutinize the bids received to see whether they meet the basic
requirements as incorporated in the bid document. The bids which do not meet the basic
requirements shall be treated as unresponsive and ignored. The following are grounds due
to which a bid may be declared as unresponsive and to be ignored during the initial
scrutiny :

i) The bid is unsigned (where the bid documents have been uploaded using the digital
signatures of the person authorized to sign, the same shall be treated as duly
signed);
ii) The bid is not legible;
iii) Required EMD and cost of tender has not been received;

iv) The bid validity period mentioned by the bidder in the bid document is for a
shorter period than the period required and stipulated in the bid document.

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v) The bidder has not agreed to the essential conditions i.e. scope of supply,
warranty / guarantee clause / performance bank guarantee and dispute resolution
mechanism.
vi) Only the bids which are not unresponsive shall be taken up for further evaluation.

Further evaluation of Stage : I. Technical Bid


a) Corporation shall evaluate the technical bids to determine whether they are
complete, whether the required documents as asked for have been submitted and
whether the technical bid is generally in order as per the qualifying conditions of
the tender.
b) Corporation, if necessary, can ask the tenderer for any specific clarification
relating to qualifying document / condition or can seek missing document (s) within
the specified time of 10 to 15 days. For this purpose, the procedure stated below
in Para No.2.3 is to be followed and the specific clarification and missing document
is required to be uploaded on the same portal as per the procedure prescribed
therein.
c) Corporation can waive any minor infirmity or non-conformity or irregularity like
spelling mistake(s), signature missing on any page which does not constitute a
material deviation.
d) The tenderer has the option to respond or not to respond to these queries.
e) The request for clarification and missing document(s) by the Corporation and the
response of the bidder shall be in writing and no change in price or substance of
the tender shall be sought, offered or permitted.
f) If the tenderer fails to respond, within the stipulated time period or the
clarification(s)/document(s) submitted is non-conforming to requirement of tender
conditions, no further time will be given for submitting the same and the tender
will be summarily rejected.
g) All the responses to the clarifications will be part of the Proposal of the
respective tenderer and if the clarifications are in variance with the earlier
information in the proposal, the information provided in later stages will be the
part of the agreement.

Procedure to be followed for obtaining missing documents & specific clarification :


I) An Icon for clarification shall appear on Bid details page (in fromt of each of the
bidders name) at Corporations end after opening of Technical / Financial Bid.

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II)Corporation shall click on clarification icon for the desired bidder and enter the
details of clarifications / missing documents sought within the prescribed time.
III) After entering the details of clarification / missing document sought by the
corporation, same icon shall appear at Bidders end for replying to the
particular clarification / missing document sought by the Corporation. The
system will also send the alert to the bidder at his registered e-mail address
about the clarification / missing document sought by the Corporation.

IV) Bidder will click on clarification icon and will reply to the same and upload the
required document (optional) in support of clarification sought and also submit
missing document, if any, within the prescribed time. Bidder cannot ask for any
clarification from the Corporation.
V) Once the prescribed time expires, clarification icon from bidder site shall also
disappear automatically.
VI) After expiry of prescribed time, Corporation shall download the clarification /
missing document submitted by the bidder.

Table .1
Sl. Name of the Equipment Minimum Minimum to Either Manufac
No. be owned
total Owned or -tured on
by the
requirement tenderer through or after
tie-up
1 Reach stacker 40 MT
1 - 1
capacity
2 Forklift Low mast 3-5
6 3 3
MT capacity In good
3 Trailors 40 10 5 5 working
4 Closed body trucks with condition
arrangements for locking Either owned or tie
and sealing with a 5
up
capacity not less than 20
cbm/9 MT
(Note: The bidder has an option of hiring /leasing of equipments that are required to be
owned by them as mentioned above for an initial period of 180 days from start of the
work & thereafter they will have to procure & make available these equipments which are
required to be owned by the bidder. For the leasing/hiring the equipments the bidder will
have to submit consent from the owner of the equipment as specified in Annexure-IX).

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They will have to also furnish an Equipment deployment plan as specified in Annexure-
X.
The Corporation while making technical evaluation reserves the right to satisfy itself
about the availability of the equipment with proper documents. The contractor will have
to increase, at short notice, the No. of equipments, if the quantum of work increases as
per the directions of the Regional Manager, which shall be binding on the contractor.
14. SUBMISSION OF TENDER :-
i) The Bidder must submit the Bid only through e-Tendering-Website
www.tenderwizard.com/CWC The documents mentioned under technical bid are to be
uploaded through Corporation e-Tendering website www.tenderwizard.com/CWC The
Person authorized through Board resolution/ holding the Power Of Attorney to sign
the tender as authorised signatory shall only upload the bid with his digital signature
on behalf of the bidder. The Bid document uploaded through digital signature other
than authorized person shall summarily be rejected.
ii) Bidders are advised to study the Bid Document carefully. Submission of the Bid will
be deemed to have been done after careful study and examination of all instructions,
eligibility norms, terms and requirement specifications in the Bid document with full
understanding of its implications. Tenders not complying with all the given clauses in
this Bid document are liable to be rejected. Failure to furnish all information
required in the Bid Document or submission of a Bid not substantially responsive to
the Bid document in all respects will be at the Bidders risk and may result in the
rejection of the tender.
iii) The rate bid of technically qualified bidders only shall be opened.
iv) The Tenderers must get fully acquainted with the technical requirement, location of
premises and nature and extent of work and condition etc. if any, under which it will
be carried out before submission of Tender and rates quoted by them. Once a
Tender is uploaded by a tenderer, they shall be deemed to have fully acquainted
themselves with the size location of premises nature and condition of the work etc.
And they shall not be entitled to any compensation arising out of any discrepancy,
whatsoever, found later on.

REGIONAL MANAGER,
CENTRAL WAREHOUSING CORPORATION
RO, CHENNAI.

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CENTRAL WAREHOUSING CORPORATION
( ) / (A Govt. of India Undertaking)
REGIONAL OFFICE : CHENNAI-600 015
Phone No. 22201216/0350 Fax. 22200068.
E-mail: rmmdrs.cwhc@nic.in Web site :www.cewacor.nic.in

TECHNICAL BID
(PART-I)
FOR APPOINTMENT OF
Contractor for Handling
and
Trasnportation work
AT
CONTAINER FREIGHT STATION
VIRUGAMBAKKAM

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Tender No. CWC/RO-CNI/CFS-VBM/2016-17/ Date: 13.08.2016.

CENTRAL WAREHOUSING CORPORATION


(A GOVT. OF INDIA UNDERTAKING)

REGIONAL OFFICE: No.4 North Avenue,Srinagar Colony,Saidapet, Chennai 15.


Phone No. 22201216/0350 Fax. 22200068.
E-mail: rmmdrs.cwhc@nic.in Website :www.cewacor.nic.in
From:
Regional Manager,
Central Warehousing Corporation,
Regional Office,
No.4 North Avenue,
Srinagar Colony, Saidapet,
Chennai 15.

To
M/S._ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
_ _ _ _ __ _ _ _ _ _ _ _ __ _ _ _ _ _ _ _ _ _

Dear Sirs,
1. For and on behalf of the Central Warehousing Corporation (hereinafter called the
Corporation), Regional Manager, Central Warehousing Corporation, Chennaia invites
tenders from interested parties with requisite experience for undertaking handling
and transport work, as detailed in the terms and conditions of the contract
contained herein at Central Warehousing Corporation, Container Freight Station,
VIRUGAMBAKKAM . Last date and time of online bid submission will be up to 15:00
Hours on 09.09.2016. The contract shall remain in force for a period of fourh years
from the date of joining of awarded contract with a provision to further extension
up to 1 (one) year on the same rates, terms and conditions.

1. PLACE OF OPERATION:
The, Central Warehousing Corporation, Container Freight Station, VIRUGAMBAKKAM
shall function in the area (4.25 Hectares) especially earmarked for the purpose,
comprising of covered and open space and place of operation will include the existing
Complex and any extension thereof in the premises or elsewhere under administrative
control, Container Yards, and any extension as designated during the period of this
contract.
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At the, Central Warehousing Corporation, Container Freight Station,
VIRUGAMBAKKAM 600 092 carting of cargo, handling (both stuffing & de-stuffing
of export/import cargo) and/movement of ISO containers will be undertaken normally
in 20 and 40 or any other size of container. More than 20 container would be taken
as 40 container, irrespective of its actual size.
The, Container Freight Station, Central Warehousing Corporation, Virugambakkamis
presently located at a distance of about 50 KM (approximately) from CHENNAI
PORT / KATTUPALLI PORT.

2. BRIEF DESCRIPTION OF WORK


The work to be rendered by the contractor involves transportation of loaded/empty
ISO containers between Chennai Port and, Central Warehousing Corporation,
Container Freight Station, VIRUGAMBAKKAM transportation of Loaded /empty
containers between port/ other ICDs/CFS-Virugambakkam, the Customs examination
as and when necessary, de-stuffing of the cargo, stacking in the designated godowns
and loading into trucks; receipt of export cargo at the designated godown and its
stuffing and other incidental services including handling of empty containers,
placing/retrieving empty containers in/from the container yards of Container Freight
Station as per the description of services given in the terms and conditions attached.
As per the terms and conditions, contained in the tender, the contractor shall also be
required to keep the operational area/premises neat and clean and spick and span at
all times for which no extra remuneration would be payable. The tenderer in their own
interest must get themselves fully acquainted with the area of operations and nature
of work involved before submission of tenders.

Tenderers are required to quote rates for all items of work described in the
Annexure-I. In case the rates mentioned in Annexure-I are not quoted for all items
of work or In case the bidder has not quoted rates written nil or dash or zero or left
blank for a particular activity in the SOR, it will be treated that the bidder is
agreeing to carry out that activity free of cost and the same has been considered and
the costing has been taken care of in other items of SOR and his bid will be evaluated
accordingly. In all such cases the successful bidder will have to abide by the decision
of CWC, and carryout that particular activity at ZERO rate.

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No clarification on the same shall be sought and CWC, reserves the right of
interpretation of the same to its advantage.
If there is variation between the rates quoted in the figures and in words, only the
lower of the two rates quoted, either in figures or in words, shall be construed as
correct and valid.

Incomplete and conditional tenders are liable to be summarily rejected.

3. VOLUME OF WORK:-
i) No definite volume of work to be performed can be guaranteed during the
currency of the contract.
ii) The volume of the traffic is likely to fluctuate (increase or decrease) and the
tenderers should note that no claim for compensation arising directly or
indirectly out of such fluctuations in the volume of traffic to be handled during
the currency of the contract shall be entertained.
iii) No assurance is also given about any item of work at any time during the
currency of the contract.
iv) It be clearly understood that no guarantee is given that all the items of work
as shown in the schedule of operations shall be required to be performed by
the contractor.
v) The mere mention of any item of work in the contract does not, by itself
confer a right on the contractor to demand that the work relating to all or any
item thereof should necessarily or exclusively be entrusted to them. The
Corporation will have the exclusive right to appoint one or more contractors or
allow the clients to get their work done on their own for any or all the services
mentioned hereunder or to divide the work in between such contractors in any
manner that the Corporation may decide and no claim shall be lodged against
the Corporation by reason of such division of work. The decision of the Regional
Manager in this regard shall be final and binding on the contractor and shall not
be questioned.
vi) The descriptions of services as given in the terms and conditions are only
guidelines. The nature of work will be subject to variations/adjustments
depending upon the actual requirement. Any variation, addition and/or
omissions in the items of work to be actually carried out shall not form the
basis of any dispute regarding the rates quoted by the tenderer in the tender

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and shall not give rise to any claim of compensation of any increase or decrease
in the extent of the quantity offered.
4. The Contract, which may eventuate from this tender, shall be governed by the
terms and conditions of contract as contained in the invitation/instructions to the
tenderers and as given in the annexure and appendices forming part of this tender
and these documents will be sole repository of the terms and conditions of the
contract.
5. The instructions to be followed for submitting the tender are set out below: -

(a) SIGNING OF TENDER:-


i) Person or persons signing the tender shall state in what capacity he/she or they
is/are signing the tender e.g. as a sole proprietor of a firm or as a
Secretary/Manager/Director etc., of a body corporate or the lead member of
the Consortium / Joint Venture, as legally authorized signatory. In the case of
partnership firm, the names of all the partners should be disclosed and the
tender shall be signed by all the partners or their duly constituted attorney,
having authority to bind all the partners in all matters pertaining to the contract,
including the Arbitration Clause. The original or a self-attestedcopy of the
partnership deed shall be furnished along with the tender. If a consortium /
Jt.venture is participating then, the tender submitted by the consortium / joint
venture should contain letters signed by each of member party stating that the
entire proposal has been examined and each key element of the tender and / or
proposal is agreed to. In case of a limited company (a) the name of the Directors
shall be mentioned and (b) it shall be certified that the person signing the tender
is empowered to do so on behalf of the company. A copy of Memorandum and
Articles of Association of the Company shall be attached to the tender. In the
case of Hindu Undivided Family, the names of the family members should be
disclosed and the Karta, who can bind the family, should sign the form and
indicate his status below his signature.
ii) The person signing the tender form or any documents forming part of the tender
on behalf of another or on behalf of a firm/company/ Consortium / Joint venture
sole proprietary firm/partnership firm shall be responsible to produce a proper
power of attorney duly executed in his favour, stating that he has authority to
bind such other person or the firm(s) as the case may be, in all matters pertaining
to the contract including the Arbitration Clause. If the person so signing the

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tender fails to produce the said power of attorney, his tender shall be liable to
summarily rejected without prejudice to any other rights of the Corporation
under the law. The Power of Attorney should be signed by all the partners in the
case of partnership concern, by all member party in the case of Consortium /
Joint venture, by the proprietor in the case of proprietary concern and by the
person who by his signature can bind the company in the case of a limited company
or a Co-Operative Society. In the case of Hindu Undivided Family the power of
attorney should be signed by the Karta who, by his signature, can bind the Hindu
undivided family.

6. EARNEST MONEY:-
Each tender must submit EMD of Rs.2,00,000/- (Rs. Two lakhs only) by way of
online mode of payment available on www.tenderwizard.com/cwc. In case of non-
submission of Earnest Money, the tender shall summarily be rejected.
The Earnest Money shall be forfeited if the tenderer, after submitting his tender,
resiles from or modifies his offer and or the terms and conditions thereof in any
manner before its acceptance, it being understood that the tender documents have
been made available to him and he is being permitted to tender in consideration of
his agreement to this stipulation. The earnest money would be forfeited in the
event of the tenderers failure, after the acceptance of his tender, to furnish the
requisite security deposit by the due date without prejudice to any other rights and
remedies of the Corporation under the contract and law. The Earnest Money Deposit
in respect of those tenderers who are not taken as qualified on the basis of
TECHNICAL QUALIFICATIONS will be returned and only the PRICE BID of the
technically qualified bidders would be opened. The Earnest Money will be returned to
all unsuccessful tenderers immediately, after decision on tenders and award of
contract to successful tenderer. No interest shall be payable on the amount of
Earnest Money in any case.

7. SECURITY DEPOSIT :-
(a) The successful tenderer shall furnish, within a week of acceptance of his tender,
security deposit of Rs.10,00,000/- (Rs. Ten lakhs Only). In the event of
tenderers failure after the acceptance of his tender to furnish requisite security
deposit by the due date and not taking over the work, the EMD shall be forfeited.

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Besides, the Corporation may suspend / ban the trade relations with them or debar
to participate in all future tender enquiries with CWC based on the merit of each
case up to a period of five years without prejudice to any other rights and remedies
of the Corporation under the contract and law. The decision of Managing Director in
this matter shall be final and binding to the tenderer. The contractor at his option
may deposit 50% of the prescribed security at the time of award of the contract
and the balance 50% may be paid by deductions from his admitted bills at the rate
of 10% per bill.

(b) The Security Deposit shall be in favour of CENTRAL WAREHOUSING


CORPORATION` in the form of cash or demand draft/Bank Guarantee issued by any
Scheduled/Nationalized Bank and payable at Chennai. The contractor will, however,
have the option, at any time, during the contract period and at the sole
discretion of the Regional Manager, Central Warehousing Corporation, Chennai 600
015 to withdraw the Security Deposit available by furnishing a bank guarantee
for the total amount of the Security Deposit in lieu thereof. The bank guarantee
shall be valid not only for the entire period of contract but also for a minimum period
of one year after the completion/termination of the contract or till the settlement
of any dispute under arbitration/court, if any, of the contract to satisfy the claims
of the Corporation against the contractor, if any, for the contract to which the
guarantee relates and in the format at Annexure-III issued by any branch of
Nationalized/Scheduled Bank situated at Chennai. The Earnest Money deposit of the
successful tenderer can be adjusted against the security deposit.
It is also made clear that no interest is payable on the amount of security deposit or any
other amount withheld for any reason lying with CWC in any form under the contract.
If the successful tenderer had previously held any contract and furnished security deposit,
the same shall not be adjusted against this tender and a fresh security deposit will be
required to be furnished.
The Regional Manager, Central Warehousing Corporation, may at his discretion, increase the
amount of security deposit mentioned at (a) above up to 25% at any time during the currency
of the contract. The decision of the Regional Manager, Central Warehousing Corporation,
Chennai 600 015 in this regard shall be final and binding on the contractor and shall not be
called into question.

In the event of security deposit is found insufficient or if the same has been wholly
forfeited, the balance of total sum recoverable as the case may be shall be deducted from
any sums due or which at any time thereafter may become due to the contractor under this
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or any other contract with the Corporation. Should that sum also be not sufficient to cover
the full amount recoverable, contractor shall pay to the Corporation on demand the
remaining balance due.

Whenever, the security deposit falls short of the specific amount, the contractor shall make
good the deficit so that the total amount of security deposit shall not at any time be less
than the specified amount.

ELIGIBILITY / QUALIFYING CRITERIA OF H&T TENDERS (FOR CFS/ICD/ICPs)

2. Composition of Tenderer :
a. The tenderer may participate in the tender as sole Proprietor / Partnership
firm / Cooperative Society / Karta of a Hindu undivided Family / LLP /
Company. Tenderer must submit the copy of Partnership Deed in case tenderer
is a Partnership Firm and Certificate of incorporation, Memorandum of
Association and Article of Association in case tenderer is a Company. The
Certificate of Registration is to be submitted wherever applicable i.e. in case
of a Cooperative Society / LLP.
b. The Person signing the tender and other required documents forming part of
the tender on behalf of a partnership firm or a company or LLP or a
cooperative society or an HUF company, shall submit with the tender the
certified copy of authorization letter / Board Resolution / General Power of
Attorney as applicable. The original copy of the authority letter / Board
Resolution / Power of Attorney as the case may be shall be produced by the
successful bidder at the time of award of work duly stating that he had
authority to bind such other person or Firm or Cooperative Society or HUF or
LLP or Company, as the case may be in all matters pertaining to the tender /
contract.

3. Work Experience and Experience Certificate :


a. The tenderer should have experience of Handling and / or Transportation of
minimum number of 840 TEUs during any of the three financial years out of
the preceding five financial years. The tenderer should have direct
experience i.e. he himself should have undertaken the work of Handling and
/ or Transportation of containers and not through any other contractor.
The experience submitted as sub-contractor shall not be accepted.
Note : The requirement of minimum number of TEUs should be equal to 10%
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of average annual throughput handled at the CFS during the three
preceding financial years. i.e, 840 TEUs per annum

b. Experience Certificate : All the prospective bidders are expected to


submit their experience certificate in the following format and the
experience certificate should be on the letterhead of the issuing
organization.
This is to certify that M/s ________________ have worked as our
Handling and / or Transport contractor for the work of handling / or
transportation of ISO / DSO containers and their performance was found
satisfactory. The details of containers handling / transported by them
during the previous _______ years have been as under :-

S.N Year No.of containers (TEUs) Place of work Value of work


done (Rs.)
Handled Transported
1
2
3
4
5

Date :
Signature
Name & Destination of signing authority
Seal of the Company / Organization

4. Turn over : The tenderer should have achieved the minimum average annual
turnover of Rs. 50 Lakhs (in the same name for which he is submitting the offer)
during the three preceding financial years. The average minimum annual turnover
of preceding three financial years should not be less than 25% of the estimated
annual value of the contract.
The tenderer is required to enclose the audited Balance Sheet and Statement of
Profit & Loss for the preceding three financial years with the tender. Incase
Balance Sheet and Statement of Profit & Loss for the immediate preceding
financial year have not been prepared / audited, the accounts for the year

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previous to preceding three financial years can be submitted. Where the tenderer
is not under statutory obligation to get his Accounts audited, he can submit a
Certificate of practicing Chartered Accountant certifying his Annual Turnover and
Profit After Tax for preceding three financial years.

5. Networth & Solvency Certificate : The tenderer must have a positive net worth
based on the latest financial year for which the Statement of Profit & Loss and
Balance Sheet have been enclosed with the tender. The tenderer should submit
solvency Certificate from any scheduled Bank for an amount not less than 10% of
estimated annual value of the contract, i.e Rs.20 Lakhs issued by any scheduled
bank not earlier than three months from the last date of submission of the
tender.

6. Service Tax : Tenderer must have valid service tax registration certificate from
the authority and copy of same to be enclosed with the tender.

7. Pan Card : Tenderer must enclose copy of PAN card with the tender.

8. EMD, Cost of Tender and Tender processing Fee :


Contractor must submit the following :
a) EMD - through e-payment/NEFT/RTGS. Proof to be submitted / uploaded
with the tender.
b) Cost of tender through e-payment / NEFT / RTGS. Proof to be submitted
/ uploaded with the tender.
c) Tender Processing Fee is to be paid mandatorily to the service provider for
E-tender M/s KEONICS through e-payment / NEFT through the portal

www.tenderwizard.com/CWC and proof to be submitted / uploaded with the


tender.
In case of e-payment, the proof of EMD and Cost of Tender i.e. Receipt /
Acknowledgement is compulsorily required to be enclosed / uploaded with the
tender. The tender Processing Fee is to be paid to M/s KEONICS by E-payment
only.

9. Pre contract Integrity Pact :

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Tenderer has to sign pre-contract integrity pact as per the enclosed proforma for
contract having threshold value of Rs. 2 Crore and above and duly signed copy is to
be submitted with the tender.
Tenderer should upload all the required documents duly self-attested with the
tender under Valid Digital Signatures.

MANDATORY DOCUMENTS / REQUIREMENTS (Online upload)


1. (a) Copy of Partnership deed and GPA duly signed by all partners to be uploaded, in
case tenderer is a Partnership firm; or
(b) Certificate of Incorporation, Memorandum of Association and Articles of
Association in case tenderer is a Company to be uploaded along with resolution of the
Company for authorizing the Director / authorized signatory to sign the document
and in case authorized Director / authorised signatory further gives an authority to
any other person to sign the tender, the copy of authority letter / power of attorney
also to be uploaded; or
(c) Copy of Registration Certificate in case of a Cooperative Society or LLP and copy
of authority letter / Power of Attorney as may be applicable, be uploaded.
2. Copy of Work Experience Certificate as specified in the eligibility criteria
3. Copy of audited Balance Sheet and Statement of Profit and Loss for preceding three
financial years as stated in eligibility criteria. (In case there is no statutory
obligation to get the accounts audited, certificate of practicing Chartered
Accountant be uploaded).

4. Copy of Solvency Certificate issued, not earlier than three months from the date of
submission of tender, as per format enclosed with the tender document.
5. Copy of service tax registration certificate
6. Copy of PAN card
7. A. Proof of EMD
B. Proof of cost of tender
C.Proof of Tender Processing Fee
8. Copy of Pre-Contract Integrity Pact Duly signed (Where required)
9. Copy of duly filled and signed scanned copies of Appendix I, II, IV & VII of tender
Note : All the above documents must be self attested and the scanned copy be
uploaded along with the tender document under valid digital signature of person

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authorised to sign the tender.

GUIDELINES FOR SUBMISSION OF TENDER BY A CONSORTIUM/JOINT


VENTURE:-
1. The tender shall be submitted with a copy of the Consortium/Joint Venture
Agreement entered into between the member companies. The Agreement for the
Consortium/Joint Venture between the partners shallbe self-attested/ registered as
per Law of the Union of India.
2. In the absence of such document, the tender would be considered and evaluated as
one from an individual company alone, submitting the tender.
3. Any change in the composition of the Consortium/Joint Venture of the proposed role
definition of member companies after submission of the tender would be recognized
and permitted by CWC only if such change is in the opinion and discretion of CWC not
prejudicial to the strengths of the Consortium/Joint Venture as were evaluated
earlier.
4. CWC reserves the right to reject any tender pursuant to a change in the composition
of the bidding Consortium/Joint Venture without prescribing reason whatsoever
5. The tenderers must quote the rates both in figure and words for all the items listed
in Annexure-I.
6. The tender form shall be filled in by the tenderer neatly and accurately. Any
erasure, interpolation or overwriting will render the tender invalid. However,
alteration neatly carried out and duly attested over the full signature of the
tenderer is permitted.

7. The decision relating to technical qualifications of the parties will rest with the
Corporation and would not be called in to question.
8. CORRUPT PRACTICES:-
Any bribe, commission or advantage offered or promised by or on behalf of the
tenderer to any officer or servant of the Corporation shall (in addition to any criminal
liability which the tenderer may incur) debar his tender from being considered.
Canvassing on the part or on behalf of the tenderer will also make his tender liable
for rejection.
The Central Warehousing Corporation reserves the right to ignore the tenderer who
is in the same line of business i.e. competing with the Corporation as CFS operator.

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9. ACCEPTANCE OF TENDER:-
The Regional Manager, Central Warehousing Corporation, for and on behalf of the
Corporation reserves the right to reject any or all the tenders, without assigning any
reasons thereof and does not bind himself to accept the lowest or any other tender.
10. When a tender is accepted, the successful tenderer will be advised of the acceptance
of his tender by a letter or telegram/Fax/e-mail, as formal Acceptance of Tender
where acceptance is communicated by telegram/fax/e-mail the formal acceptance of
tender will be forwarded to the contractor, as soon as possible, but the
telegram/fax/e-mail must be acted upon immediately. The successful tenderer shall
execute the agreement and take up the contract within one month from the date of
acceptance of the tender by the Corporation.
11. Submission of false, dubious, forged or tampered documents by the tenderers shall
lead to the disqualification of the tender and action as deemed fit (including
forfeiture of EMD) by the Corporation shall be taken against such erring tenderer.
12. The Corporation reserves the right to call all or any of the tenderer for clarification
at CWC, Regional Office, Chennai /Corporate Office, New Delhi but negotiations, if
any, will be held with L1 only.
13. The Corporation reserves the right to award the work for all items of schedule of
operation or any one/few of them by dropping the rest of items of schedule of
operations for which rates are called for herein. The decision of the Regional
Manager, Central Warehousing Corporation, shall be final and binding on the
tenderer.
14. CWC reserves the right not to consider parties having any dispute arising out of any
omission/commission/negligence etc. resulting into any type of loss to Corporation
during the last five years, in order to protect its interest.
15. It should be clearly understood by the tenderer(s) that no opportunity shall be given
to him/them to modify or withdraw his/their offer after the date & time stipulated
for submission of tender. In case of any modification or withdrawal of the offer by
any bidder after the date & time stipulated for submission of tender, the EMD
submitted with tender shall be forfeited.
16. The tenderer has to indemnify CWC for any losses, accrued due to alteration/
modification made/ observed in the terms and conditions, including General Conditions
of the tender downloaded from the website.
17. IF at any stage, any change/ modification is noticed in the downloaded tender
document, tenderer will abide by the original terms and conditions, including General

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Conditions of the tender, failing which, CWC reserves the right to reject the tender
and/ or terminate the contract.
18. PERIOD OF CONTRACT:
The contract shall remain in force for a period of FOUR years from the date of
joining of awarded contract with a provision to further extension up to -1- (one) year
on the same rates, terms and conditions.

REGIONAL MANAGER

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TERMS AND CONDITIONS GOVERNING HANDLING & TRANSPORT AND
OTHER ALLIED SERVICES OF ISO CONTAINERS AT CONTAINER YARD,
CHENNAI PORT AND CENTRAL WAREHOUSING CORPORATION, CONTAINER
FREIGHT STATION, VIRUGAMBAKKAM, 600 092.

I. DEFINITIONS:-
(i) CONTAINER shall mean ISO containers used in International trade for
export/import cargo, which could be 20, 30, 35, 40 and 45 containers viz. Flat rack,
Open top, Over dimension cargo containers (high dome or such other size) reefer
container as may be included by the Regional Manager, Central Warehousing
Corporation, Chennai, . The ISO container above 20 will be treated as 40 container
only, irrespective of its size.
(ii) CENTRAL WAREHOUSING CORPORATION, CONTAINER FREIGHT STATION,
VIRUGAMBAKKAM, would mean any developed area presently designated for keeping
containers/cargo at VIRUGAMBAKKAM, as per the directions of the Regional
Manager, Central Warehousing Corporation, or any other officer authorized on his
behalf including any other area which may be added later to the complex.
(iii) CONTAINER YARD OR CONTAINER FREIGHT STATION would mean any
developed / designated area in the Container Freight Station premises or any
extension thereof for keeping containers as per the directions of the Regional
Manager, CENTRAL WAREHOUSING CORPORATION, Chennai or any other
authorised on his behalf.
(iv)The term CONTRACT shall mean and include the invitation to tender, incorporating
also the instructions to tenderers, the tender, its annexure appendices and schedules,
acceptance of tender and such general and special conditions as may be added to it.
(v) The term CONTRACTORs shall mean and include the person, firm/company/
Consortium/Joint Venture/sole proprietary firm/partnership firm or a body
incorporate with whom the contract has been placed including their heirs, executors,
administrators, successors and their permitted assigns, as the case may be.
(vi)The term CONTRACT RATES shall mean the rates of payment offered by the
tenderer and accepted by the Regional Manager, Central Warehousing Corporation,
for and on behalf of the CORPORATION.
(vii) The term CORPORATION or CENTRAL WAREHOUSING CORPORATION or
CWC wherever occurs shall mean the CENTRAL WAREHOUSING CORPORATION
established under WAREHOUSING CORPORATION ACT 1962 and shall include its
administrators, successors and assigns. It will also be called CWC.
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(viii) MANAGER shall mean the Manager, Central Warehousing Corporation,
Container Freight Station, VIRUGAMBAKKAM, or Officer In-charge of the
CONTAINER FREIGHT STATION, VIRUGAMBAKKAM.
(ix) REGIONAL MANAGER shall mean the Regional Manager, Central Warehousing
Corporation, presently having its office at Chennai, .
(x) MANAGING DIRECTOR shall mean the Managing Director of Central Warehousing
Corporation.
(xi) SERVICES shall mean the performance of any of the items of work enumerated in
schedule of services including such auxiliary, additional and incidental duties, services
and operations as may be indicated by the Regional Manager, Central Warehousing
Corporation, or any person authorized by him on his/corporation behalf.
II. OBJECT OF THE CONTRACT:-
The contractors shall render all or any of the services given in clause XXI and schedule
of operations as and when necessary and as directed from time to time by the Regional
Manager, Central Warehousing Corporation, / Manager, Central Warehousing
Corporation, Container Freight Station, VIRUGAMBAKKAM, or any officer acting on his
behalf, together with such additional auxiliary and incidental duties, services and
operations as may be indicated by the Manager, Central Warehousing Corporation
Container Freight Station, VIRUGAMBAKKAM, or an officer acting on his behalf and are
not inconsistent with these terms and conditions.

III. PARTIES OF THE CONTRACT:-


(a) The person signing the tender or any other documents forming part of the tender, on behalf
of any other person or a firm, shall be deemed to warrant that he has authority to bind such
other person or the firm as the case may be, in such matters pertaining to the contract
including the arbitration clause. If, on enquiry, it is found that the person concerned has no
such authority, the Central Warehousing Corporation represented through the Regional
Manager, CWC, may without prejudice to other civil and criminal remedies, terminate the
contract and hold the signatory liable for all costs and damages.
(b) Notices or any other action to be taken on behalf of the Central Warehousing
Corporation may be given/taken by Regional Manager, CWC, or any other officer so
authorized and acting on his behalf.

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IV.
1. CONSTITUTION OF CONTRACTORS:-
(a) Contractor shall at the time of submission of tender declare, whether they are sole
proprietary concern or registered partnership firm or private limited company or
Consortium / Joint venture or a body corporate incorporated in India or Hindu Undivided
Family. The Composition of the partnership, names of Directors of companies and names
of the Karta of Hindu Undivided Family shall also be indicated. The contractors shall also
nominate a person(s) in whose hands the management and control of the work relating to
the contract during the tenure of the contract would lie. The person so nominated shall
be deemed to have power of attorney from the Contractor(s) in respect of the contract
and whose act shall be binding on the contractors.
(b) The contractors shall not, during the currency of the contract, make, without the
prior approval of the Corporation any changes in the constitution of the firm. The
contractors shall notify to the Corporation the death/resignation/ removal of the
partners/Directors immediately on the occurrence of such an event. In the
absence of receipt of such notice/approval the Corporation shall have the right to
terminate the contract as soon as it comes to know of it.

2. PRINCIPLES OF THE MEMORANDUM OF UNDERSTANDING TO BE


EXECUTED BETWEEN THE MEMBER COMPANIES OF A
CONSORTIUM/JOINT VENTURE.
If the Tender application is submitted by a Consortium/Joint Venture of two or
more firms;
a. It shall be signed by each member party to the Consortium/Joint Venture so as to be
legally binding on all parties.
b. One of the partners shall be nominated as the lead partner and this authorization
shall be evidenced by submitting a power of attorney signed by legally authorized
signatories of all the partners.
c. The experience of container handling and/or transported as mentioned in case of
Consortium/Joint Venture shall be determined by adding together the experience of
all partners of a Consortium/Joint Venture. However, as a qualifying criterion, the
lead partner must have at least 60% of minimum experience mentioned in the above
clause.
d. The equipment as mentioned in clause XXII 2 (xi) can be provided by any or all
partners of the Consortium/Joint Venture.
e. It shall be accompanied by a legal document signed by all the parties to the
Consortium/Joint Venture confirming therein a clear and definite manner of the

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prepared administrative arrangements for the management and execution of
contract, the delineation of duties, responsibilities and scope of work to be
undertaken by each such party and the authorized representative of the
Consortium/Joint Venture.
f. The tender application shall include a copy of the Consortium/Joint Venture
agreement which shall inter-alia, that all partners shall be liable jointly and severally
for the execution of the contract and the lead partner shall be authorized to incur
liabilities and receive instructions for and on behalf of any or all partners, and the
entire execution of the contract including payments shall be done exclusively with the
lead partner.
g. The agreement for the Consortium/Joint Venture between the partners shall be self-
attested /registered as per Laws of the Union of India.

V. SUBLETTING:-
The contractor shall not sublet; transfer or assign the contract or any part to any
other person/firm/company thereof without the prior written approval of the
Corporation. In the event of the contractor contravening this condition, the
Corporation shall be entitled to place the contract elsewhere on the contractors
account and at their risk and cost and the contractor shall be liable for any loss or
damage which the Corporation may sustain in consequence or arising out of such
replacing of the contract.

VI. RELATIONSHIP WITH THIRD PARTIES:-


All transactions between the contractor and third parties who are in no way
connected with the clearance of ISO containers/cargo/package from the, CWC,
Container Freight Station, VIRUGAMBAKKAM, shall be carried out as between two
principals without reference in any event to the Corporation. The contractor shall also
undertake to make third parties fully aware of the position aforesaid. (It should not
be done if it pertains to work in, Central Warehousing Corporation or at the container
yard of CHENNAI PORT / KATTUPALLI PORT).

VII. LIABILITY FOR LABOUR AND/OR PERSONNEL ENGAGED BY THE


CONTRACTOR:-
(1) (a) All labourers and/or personnel employed by the contractor shall be engaged by
them as their own employees/workmen in all respects implied or expressed.
(b) The responsibility to comply with the provisions of the various labour laws of the
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country such as Factories Act 1948, Payment of Wages Act of 1936, Workmens
compensation Act 1923, Employees Provident Fund Act 1952, Maternity Benefit Act
1961, Contract Labour (Regulation and Abolition) Act 1970, Payment of Bonus Act
1965, Payment of Gratuity Act 1972, Equal Remuneration Act 1976 or any other
Act, to the extent they are applicable to their establishment/workmen, will be
solely that of the contractor. Regional Manager, CWC, Chennai, on behalf of Central
Warehousing Corporation in the capacity of principal employer will have every right
to demand that the wages shall be disbursed to the workmen/employees of the
contractor in the presence of their representative.

(c) The Corporation shall be fully indemnified by the contractor against all the
payments, claims and liabilities, whatsoever incidental or direct arising out of or for
compliance with or enforcement of the provisions of the above said Acts or similar
other enactments of the country as they are at present or as they would stand
modified from time to time, to the extent they are applicable to the
establishment/work in the Corporation.
(d) Regional Manager, CWC, shall have the right to deduct from bills any money due to
the contractor, any sum required or estimated to be required for making good the
loss suffered by a worker or workers by reason of non-fulfillment of the condition
of the contract for the benefit or believed to be for the benefit of the workers,
nonpayment of wages or of deduction made from his or their wages, which are not
authorized or justified by the terms of the contract or non-observance of the Act,
Rules, Regulations and or by way of non-fulfillment of any obligation on the part of
the contractors for strict observance of the provisions of the aforesaid laws.
(e) The Manager, CWC, Container Freight Station, VIRUGAMBAKKAM, shall allow the
contractor, his agents, representatives or employees to enter into the premises for
the sole purpose of rendering the said services for Central Warehousing
Corporation. The contractor shall agree and undertake to make good any loss or
damage caused to the premises, goods, equipment and property or cargo by his
agents, representatives or employees while rendering the said services. However, it
is clarified that the employees of contractor shall be deployed in the operational
areas only. The contractors employees without assigned job shall, under no
circumstances, enter the Port area except CFS premises. While working in other
terminals, ports, the agents/ representatives/ employees of the contractor have to
obey the rules and regulations of those agencies.

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(f) The contractor shall give his employees neat and clean uniforms for summer and
winter seasons at no extra charges to Central Warehousing Corporation and ensure
that all his employees are always in neat and clean and properly washed and ironed
uniforms, while on duty. All the employees shall invariably have their name tags
attached to their labels for easy recognition. The laminated name tags with
photographs should be signed by the contractor. In case the contractor fails to
comply with the provisions under this clause, The Regional Manager, CWC, will be
free to do the needful at their risk & cost and recover the amount so incurred from
the contractor.
(g) Full details about the names, addresses, both local and permanent and three copies
of their photographs shall be furnished by the contractor to Manager, CWC, CFS-
Virugambakkam, or his authorized representative. They will also be provided with
necessary photo identity cards by the contractor duly verified by Manager, CWC,
CFS-Virugambakkam, as well as the Port Trust authorities for regulating their
entry in the port premises for the bonafide purposes connected with this work.
(h) In case the Manager, CWC, CFS-Virugambakkam, demands the contractor for
removal of any of his employees, the contractor shall do so forthwith. The decision
of the Manager, CWC, CFS-Virugambakkam, shall be final and binding on the
contractor and the Corporation shall in no way be liable for any consequences for
which the contractor will be fully responsible.
(i) The contractor shall not employ any person/labourer below the age permissible by
law. The contractor shall indemnify the Corporation from and against all claims and
penalties which may be suffered by the Corporation or any person employed by him
by reason of any default on the part of the contractor to observe and/or in the
performance of the provisions of Employment of Children Act XXVI of 1938 or any
re-enactment or modification of the same.
(j) The contractor shall give preference in enrolment of required manpower to the
project affected persons, subject to their fulfilling the minimum qualifications and
standards of physical fitness laid down and having proven integrity.
(k) Under Rule 30(1) of the Workmen Compensation Rules 1924, action will have to be
taken by the CWC as Principal Employer immediately on receipt of the notice of
application for compensation on behalf of workmen or his legal heirs to inform the
Labour Commissioner that Central Warehousing Corporation, intends to claim
indemnification from the contractor and get a notice of the claim served on him at

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once. Thereafter it is for the Commissioner under Rule 39(5), if he awards any
compensation to record a finding whether the contractor is or is not liable to
indemnify the Principal. Once such finding is obtained by the CWC in its favour, the
provisions of the contract in the aforesaid revised clause VII(a) can be invoked by
CWC to adjust/set off such amount against any amounts due to the contractor by
the Corporation on any other account. It needs no mention that such adjustment
can be done only after determination by the Labour Commissioner of the liability of
the contractor to indemnify the CWC.
* Once the Labour Commissioner has passed his order under Section 12(2)
determining the liability of the contractor, and the CWCs entitlement to be
indemnified by the Contractor in respect of compensation the CWC can set off and
adjust any amount of the contractor lying in its hands. If however, no amounts are
available for such adjustment, the Corporation can invoke the provisions of Section
31 of the Act and approach the Commissioner to recover the amount due to
Corporation from the contractor. There will be no need to file a separate Civil Suit
against the contractor for such recovery.

(l) The contractor shall be liable for making contributions in accordance with the
provisions of the Employees Provident Fund Act 1952 and the scheme framed there
under, in respect of the labour employed by him. The contractor shall submit by the
5th& 20th of every month to the Manager a statement showing in respect of the
second half of the preceding month and the first half of current month
respectively.
- (i) The number of labourers employed by him
- (ii) Their working hours
- (iii) The wages paid to them
- (iv) The accidents, that occurred during the said fortnight showing the
circumstances under which they occurred and the extent of damage and injury
caused by them and
- (v) The number of female workers who have been allowed Maternity Benefit and
the amount paid to them.
(m) In every case in which by virtue of the provisions of sub-section (1) of Section 12
of the Workmens Compensation Act 1923, the Corporation is obliged to pay
compensation to a workman employed by the contractor in execution of the
contract, the Corporation will recover from the contractor the amount of the
compensation so paid and without prejudice to the rights of the Corporation under
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sub-section (2) of Section 12 of the said Act. The Corporation shall be at liberty to
recover such amount or any part thereof by deducting it from the security deposit
or from any sum due by the Corporation to the contractor whether under this
contract or otherwise.
(n) In every case in which by virtue of the provisions of the contract Labour
(Regulation and Abolition) Act and the Contract Labour (Regulation and Abolition)
Rules, the Corporation is obliged to pay any amount of wages to a workman employed
by the contractor in execution of a contract, or to incur any expenditure in
providing welfare and or health amenities required to be provided under the above
said Act and Rules or under Rules framed by the Government from time to time for
the protection of health and sanitary arrangements for workers employed by the
Central Warehousing Corporation contractors, the Corporation will recover from
the contractor the amount of wages so paid or the amount of expenditure so
incurred without prejudice to the rights of the Corporation under sub-section (2)
of Section 20 and sub-section (4) of section 21 of the Contract Labour (Regulation
and Abolition) Act. The Corporation shall also be at liberty to recover such amount
or any part thereof by deducting it from the security deposit or from any sum due
by the Corporation to the contractor, whether under this agreement or otherwise.
(o) The Corporation shall not be bound to contest any claims made against it under
Contract Labour (Regulation and Abolition) Act or Workmens Compensation Act or
any other similar Act in respect of contract labour.
(p) The contractor, where required shall obtain a valid license under the Contract
Labour (R&A) Act 1970, and the Contract Labour (R&A) Rules before the
commencement of the work and shall continue to have a valid license during the
currency of the contract which will be reviewed from time to time.
(q) The contractor shall pay to the labourers employed by him either directly or
through sub contractors, wages not less than the fair wages, if any, of the
minimum rates of wages if any notified by the Government of the state in which
the work is carried out or as per the provisions of the Contract Labour (R&A) Act
and the contract labour (R&A) Rules, wherever applicable. Besides the contractor
shall also be responsible to provide all basic facilities as envisaged under Section 16
to 19 of the Contract Labour (R&A) Act 1970.
(r) In complying with the said enactment or any statutory modifications thereof, the
contractor shall also comply with or cause to be complied with the labour
regulation/enactment made by the State Government/Central Government from

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time to time in regard to payment of wages to the workers, wage period, deduction
from wages, recovery of wages not paid and deduction unauthorizedly made,
maintenance of wage book or wage slip publication of the scale of wages and other
terms of employment inspection and submission of periodical returns and all other
matters of like nature.
(s) Notwithstanding the fact, whether the said legislation/enactment or any statutory
modification thereof, are applicable or not to the employees/workers employed by
the contractor who shall pay the following to them.
(2) PAYMENT OF WAGES TO WORKERS:-

The contractor shall pay, not less than minimum wages, to the workers engaged by
them on either time rate basis or piece rate basis on the work. Minimum wages both
for the time rate and for the piece rate work shall mean the rate(s) notified by
appropriate authority from time to time. The contractor shall maintain necessary
records and registers like wage book / slip, unpaid wages and Fines and Deductions
etc., giving the relevant particulars.

(3) WEEKLY OFF:-

The contractors shall allow or cause to be allowed to the workers directly or


indirectly employed in the work, one days rest for six days continuous work and pay
wages at the same rate as for duty.

(4) ATTENDANCE ALLOWANCE:-

The contractor shall pay attendance allowance at prescribed rate per day to the
regular workers generally employed by him on piece rate or time rate basis when such
worker reports for on the day but is not booked or given work for the day shift.

Aforesaid wage/benefits at clause 7 (o) (i) to (iii) shall be deemed to be a part of


this contract and any contravention thereof shall be deemed to be a breach of this
contract. The Regional Manager shall have the right to deduct from money due to the
contractor, any sum required for making good the loss suffered by the worker or
workers by reasons of non-fulfillment of the condition of the contract for the
benefit of workers, non payment of wages, or of deductions made from his or other
wages which are not justified or non-observations of the regulations enactment
mentioned in clause 7 ( j ) to 7 ( n ).

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(5) WELFARE AND HEALTH OF CONTRACT LABOUR AND DUTIES &


RESPONSIBILITIES OF THE CONTRACTOR:-

A. CANTEEN:-

(i) Under Section 16 of the Contract Labour (Regulation and Abolition) Act
1970, the contractor shall provide, within 60 days from the
commencement of the employment of contract labour or where the
employment of contract labour is likely to continue for six months and
where in contract labourers numbering one hundred or more are
employed, an adequate canteen.
(ii) If the contractor fails to provide the canteen within the time laid down
in para (i) the same shall be provided by the Principal Employer and all
expenses incurred by the Principal Employer in providing this amenity
shall be recovered by the Principal Employer from the contractor either
from the admitted bills submitted by the contractor from time to time
or shall be treated as debt payable by the contractor.
(iii) The canteen shall be maintained by the contractor in accordance with
the provisions of the relevant laws, rules and regulations.
(iv) The foodstuffs and other eatables to be served in the canteen shall be
in conformity with the normal habits of the contract labour.
(v) The charges for foodstuffs, beverages and other eatables served in the
canteen shall be based on NO PROFIT, NO LOSS" and shall be
conspicuously displayed in the canteen.
(vi) In arriving at the prices of foodstuffs and other articles served in the
canteen the following items shall not be taken into consideration as
expenditure viz.
(a) The rent for land and building
(b) The depreciation and maintenance charges for the building and
equipment including furniture, crockery, cutlery and utensils.
(c) The water charges and electrical charges incurred for lighting and
ventilation.
(d) The interest on the amount spent on the provision and maintenance
of furniture and equipment provided in the canteen.

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(vii) The books of accounts and registers and other documents issued in
connection with the running of the canteen shall be produced on demand
for inspection.
(viii) The account pertaining to the canteen shall be audited once in every 12
months by registered accountants and auditors.
Provided that the Chief Labour Commissioner (Central) or any officer
authorized by the appropriate Government may approve of any other
person to audit the accounts, if he is satisfied that it is not feasible to
appoint a registered accountant and auditor in view of the site or
location of the canteen.

(ix) All taxes/levies/charges payable to any Govt./Local Body on the service


charges payable by the H&T contractor to the equipment operators,
Manpower Supply Agency for the Personnel engaged etc. shall be paid by
the Contractor, and no claim, whatsoever, on this account shall rest
against the Corporation.
However, the Service Tax for Handling of Cargo / Goods in accordance
with the relevant provisions of the Service Tax Rules, 1994 as amended
form time to time, under the Cargo Handling Service at the Rates, as in
force from time to time, wherever applicable, shall be payable to the
Contractor by the Corporation, on the Contractor raising his Bill/Invoice,
clearly showing therein his PAN based Service Tax Registration Number
as also the Service Tax Amount, as required under Rule 4A(1) of the
Service Tax Rules 1994.
(x) Rent for his office or garage in the warehouse Complex as also the
Charges for water & electricity utilized therein, by the contractor shall
be paid by the contractor to CWC together with Service Tax due
thereon, at the Rate as in force from time to time.

B. REST ROOMS:-

(i) In every place where in contract labour is required to halt at night in


connection with working and employment of contract labour which is
likely to continue for 3 months or more, the contractor shall provide and

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maintain rest rooms within 15 days of the commencement of the
employment of contract labour.
(ii) If the amenity referred to in sub-rule (i) is not provided by the
contractor within the prescribed period, the Principal Employer shall
provide the same after expiry of the such period as laid down in sub rule
(i) and expenses incurred deducted as per clause I(ii).
(iii) Separate rooms shall be provided for the women employees.
(iv) Effective and suitable provision shall be made in every room for securing
and maintaining adequate ventilation by the circulation of fresh air and
these shall also be provided and maintained with suitable natural or
artificial lighting.
(v) The rest room(s) shall be of such dimension as provided for in rules
framed under the Contract Labour (Regulation & Abolition) Act of the
appropriate Government.
(vi) The height of the shelter shall not be less than 11 ft. from the floor
level to the lowest part of the roof. The sheds shall be roofed with at
least thatch and mud flooring with a dwarf wall around, not less than 2.6
ft. Sheds as provided should be kept clean and should be able to provide
adequate protection against heat, wind, rain and shall have smooth, hard
and impervious floor surface.
(vii) The rest room(s) shall be at convenient distance from the establishment
and shall have adequate supply of wholesome drinking water.
C. LATRINES AND URINALS:-

(i) Under Section 18 of the Contract Labour (Regulation and Abolition) Act
1979, it shall be duty of the contractor to provide adequate number of
latrines that
(a) Where females are employed, there shall be at least one latrine for every
25 females.
(b) Where males are employed, there shall be at least one latrine for every
25 males.
Provided that where the numbers of males or females exceeds 100, it shall
be sufficient if there is one latrine for every 25 males or females up to the
100, and one for every 50 thereafter.

(ii) Every latrine shall be under cover and partitioned off as to secure privacy
and shall have proper doors and fastenings.
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(iii) Where workers of both sexes shall be employed, there shall be displayed
outside each block of latrines and urinals as notice, in the languages
understood by majority of the workers as FOR MEN ONLY and FOR
WOMEN ONLY bearing the figures of a man or a woman as the case may
be.
(iv) There shall be at least one urinal for male workers up to 50 and one for
female workers up to 50 at a time.
Provided that where the number of males or females exceeds 500, there
should be one urinal for every 50 males up to the first 500 and one for every
100 or part thereof, thereafter.

(v) (a) The latrine and urinals shall be conveniently situated and accessible to
workers at all times.
(b) The inside walls shall be constructed of masonry or some suitable heat
resisting non-absorbent materials and shall be cement washed inside and out
side, at least once in a year. The dates of cement washing shall be noted in
the register maintained for the purpose and kept available for inspection.
Latrines and urinals, other than those connected with a flush sewage system,
shall comply with the requirements of the Public Health Authorities.

(c) Water shall be provided by means of a tap or other-wise, so as to be


conveniently accessible in or near the latrine and urinals.
D. WASHING FACILITIES;
(i) Adequate and suitable washing and bathing places, separately for men and
women, shall be provided by the contractor.
(ii) Such facilities shall be conveniently accessible and shall kept clean and in
hygienic conditions.
E. FIRST AID FACILITIES:
(i) The contractor shall provide and maintain readily available first aid boxes
during all the working hours at the rate of not less than one box for 150
contract labour or part thereof.
(ii) The first aid box shall be distinctively marked with red cross on a white
back ground and shall contain the equipment as provided for in the Contract
Labour (Regulation and Abolition) Act 1962.
(iii) Adequate arrangement should be made for immediate recoupment of the
equipment, whenever necessary.
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(iv) If the amenity is not arranged by the contractor within thirty days from
the commencement of the contract, the same shall be provided by the
Principal Employer after the expiry of the said period and the expenses
incurred shall be either deducted from the admitted bills of the contractor
or treated as debt payable by the contractor.
(v) Nothing except the prescribed contents shall be kept in the first aid box.
(vi) The first aid box shall be kept readily available under the charge of a
person trained in first aid treatment.

F. Every tenderer, whose tender is accepted by the Corporation, shall immediately


apply for license to the prescribed licensing authority through the CWC (Principal
Employer) in terms of Section 12 of the Contract Labour (R&A) Rules 1971, before
entering upon any work under the contract. The contractor shall also obtain
temporary license, whenever required, under rule 32 of the relevant Rules, in case
where he intends to employ more labour in number than that mentioned in the
regular license for short duration, not exceeding 15 days. The contractor shall
also make an application through the Principal Employer for renewal of the regular
license at least two months before expiry of the regular license. The contractor
shall also get the temporary license renewed, whenever necessary through the
Principal Employer. If for any reason, the application for a license is finally
rejected by the licensing authority/appellate authority, the contract shall be
liable to be terminated at the risk and cost of the contractor and the decision of
the Regional Manager, CWC, in this regard will be final and binding on the
contractor.
G. BRIBES, COMMISSION, CORRUPT GIFTS ETC.:
Any bribe, commission, gift or advantage given, promised or offered by or on
behalf of the contractor or any one or more of their partners/Directors, agents
or servants or any one else on their behalf to any officer, servant, representative
or agent of the Corporation or any person on his or their behalf for showing
forbearing, favor or disfavor to any person in relation to the contract, shall
subject the contractor to the cancellation of this contract or any other contract
with the Corporation and also to payment of any loss or damage if any resulting
from such cancellation.

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VIII. PERIOD OF CONTRACT:

The contract shall remain in force for a period of Four years from the date of
joining of awarded contract with a provision to further extension up to -1- (one)
year on the same rates, terms and conditions.

The Regional Manager, CWC, reserves the right to terminate the contract at any
time during its currency of the contract, without assigning any reason thereof, by
giving thirty days notice in writing to the contractor at their last known place of
residence/business and the contractor shall not be entitled to any compensation by
reason of such termination. The action of the Regional Manager, CWC, under this
clause shall be final, conclusive and binding on the contractor and shall not be called
into question.

IX. SUMMARY TERMINATION:

(a) In the event of the contractor having been adjudged insolvent or going into
liquidation or winding up their business or making arrangements with their
creditors or failing to observe any of the provisions of this contract or any of
the terms and conditions governing the contract, the Regional Manager, CWC,
shall be at liberty to terminate the contract, forthwith, without prejudice to
any other rights or remedies under the contract and to get the work done for
the unexpired period of the contract at the risk and cost of the contractor
and to claim from the contractor any resultant loss sustained or costs
incurred.
(b) The Regional Manager, CWC, also have, without prejudice to other rights and
remedies, the right in the event of breach by the contractor of any of the
terms and conditions of the contract to terminate the contract forthwith and
to get the work done for the unexpired period of the contract at the risk and
cost of the contractor and /or forfeit the security deposit or any other part
thereof for the sums due to any damages, losses, charges, expenses or costs
that may be suffered or incurred by the Corporation due to the contractors
negligence or un-workman like performance of any of the services under the
contract.

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(c) In the event of the security or sum due under this contract being insufficient
to cover the claimed amount or amounts, the Regional Manager, CWC, , shall be
entitled to with-hold and has a lien to retain to the extent of such amount or
amounts referred to above 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 Corporation pending finalisation of
adjudication of any such claim.
X. Black Listing of Contractor:

i) Any false/wrong information/credentials submitted shall lead to the tenderers


being blacklisted in CWC and debarred for participating in tender for next five
years besides forfeiture of the Earnest Money Deposit.

ii) Non-performance/defaulting H&T contractor shall be suspended/banned trade


relations or black-listed for a period upto 5 years based on merits of each case by
the Managing Director and his decision shall be final and binding.

XI. SECURITY DEPOSIT:

The successful tenderer shall furnish, within a week of acceptance of his tender,
security deposit of Rs.10,00,000/- (Rupees Ten Lakhs Only) failing which the
contract shall be liable to be cancelled at his risk and cost and also subject to
such other remedies as may be available to the Corporation under the terms of the
contract besides forfeiture of Earnest Money Deposit. The contractor at his
option may deposit 50% of the prescribed security at the time of award of the
contract and the balance 50% may be paid by deductions form his admitted
bills at the rate of 10% per bill. The security deposit shall be in favour of Central
Warehousing Corporation in the form of Demand Draft/Bank Guarantee issued by
any scheduled/nationalized bank payable at, Chennai. The contractor shall however
have the option, at any time, during the contract period and at the sole discretion
of the Regional Manager, CWC, to withdraw the Security Deposit available by
furnishing a bank guarantee for the total amount of the security deposit in lieu
thereof. The bank guarantee shall be valid not only for the entire period of
contract but also for a minimum period of one year after the completion of the
contract so as to satisfy the claims of the Corporation against the contractor, if
any, for the contract to which bank guarantee relates and in the form at Annexure-
III issued by any branch of Nationalized/Scheduled Bank situated at Chennai. The
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earnest money deposit of the successful tenderer can be adjusted against the
security deposit.

The security deposit will be refunded to the contractor on due and satisfactory
performance of the services and on completion of all obligations by the contractor
under the terms of the contract and submission of clear NO DEMAND
CERTIFICATE both by the Manager, CWC, CFS-Virugambakkam, and the
contractor subject to such deductions from the security as may be necessary for
making up the Corporations claim against the contractor.

It is made very clear that no interest is payable on the amount of Security


Deposit lying with Central Warehousing Corporation in any form under the contract.

In the event of the security deposit being found insufficient or if the same
has been wholly forfeited, as the case may be the balance of the total sum
recoverable shall be deducted from any sum then due or which at any time
thereafter may become due to the contractor under this or any other contract
with the Corporation. Should that sum also be not sufficient to cover the full
amount recoverable, the contractor shall pay to the Corporation on demand the
remaining balance due when ever the Security Deposit falls short of the specific
amount, the contractor shall make good the deficit so that the total amount of
Security Deposit shall not at any time be less than the specific amount.

The decision of the Regional Manager, CWC, as to the amount determined for
deduction from the security deposit will be final and binding on the contractor.

XII. LIABILITY OF CONTRACTOR FOR LOSSES ETC. SUFFEREBY CORPORATION

(a) The contractor shall at all times provide adequate number of Tractor/Trailers
(capable of transporting minimum two 20 loaded containers without any weight
restrictions), equipment, mechanical and manual aids for handling haulage of the
cargo. The personnel in different categories will have to be positioned by the
contractor. This would be needed for smooth operations of the work of handling,
transport, storage, inspection and delivery of container / cargo. In the event of
any fault or defaults on any particular day/days on the part of the contractor in
providing adequate equipment, vehicles or personnel or to perform any of the
service mentioned herein efficiently and to the entire satisfaction of the
Manager, CWC, CFS-Virugambakkam/ Regional Manager, CWC, or his authorized
representative who, in absolute discretion, without prejudice to other rights and
remedies under this contract, shall have the right to recover by way of liquidated
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damages from the contractor @ Rs.5,000/- per day/per reach stacker, Rs.1000/-
per day per crane, Rs.500/- per day/per forklift and Rs.500/- per day/per trailer
and Rs.200/- per day per default of other kinds plus actual claims if any, received
from the users, besides making temporary alternate arrangements to cope up with
the work at the risk and cost of the contractor who will be liable to compensate
the consequential damages, if any. The decision of the Regional Manager, CWC,
on the question whether the contractor has committed such a fault or has failed
to perform any of the services efficiently and also his liability for payment of
compensation and its quantum, shall be final and binding on the contractor which
shall be without prejudice to other rights and remedies of the Corporation under
the contract.
(b) The contractor shall exercise all care and precaution and use proper equipment
for handling and transportation of various types of containers and consignments
to avoid any damage or loss to the container/cargo at any stage. The contractor
shall be responsible for the safety of the container and cargo while in his
custody. He shall deliver at, Central Warehousing Corporation,
VIRUGAMBAKKAM/ designated Port and vice versa, as the case may be, the
containers received by him and loaded in the trucks or other vehicles at the
loading points with seals intact and without any damage to the container/cargo.
In case of any damage to the container/cargo the contractor will be responsible
to make good the losses as per the survey report finalised in the presence of
Shipping Lines /Shipping Agents/CHA/Exporter/Importer or his authorized
representative, Regional Manager, CWC, or his authorized representative, and
the contractors representative or the contractor shall be liable to repair the
container(s)/get repaired at his own cost to the satisfaction of the Manager,
CWC, CFS-Virugambakkam /the Regional Manager, CWC, /Shipping Line/Shipping
Agent/CHA/Exporter/ Importer or his authorized representative within in 72
hours, failing which the Corporation will be free to allow the concerned shipping
line/shipping agent/CHA/Exporter/Importer or his authorized representative or
any other agency to get the damaged container(s) repaired at the risk and cost of
the contractor and the cost so incurred by the shipping line/shipping
agent/CHA/Exporter /Importer or any other agency for the repairs shall be
debited/deducted to/from the H&T bills of the contractor. In case of damage to
property of the Corporation by the contractors
vehicle/equipment/representative during any of the operation, the contractor is

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liable for cost of damages in addition to the liquidated damages @ 10% there on.
The amount of damages will be deposited by the contractor immediately failing
which it would be recovered from his bills. The decision of the Regional Manager,
CWC, shall be final and binding on the contractors in this regard.
(c) No container(s) which have been damaged, original seals tampered or whose
contents appear to have damaged/pilfered, shall be transported by the
contractor from, Container Freight Station to CHENNAI PORT / KATTUPALLI
PORT and vice versa without following the procedure prescribed by the Customs
and other concerned authorities in this regard from time to time as laid down by
the Manager, Container Freight Station, VIRUGAMBAKKAM/the Regional
Manager, CWC, .
(d) In case of any shortage or damage/loss etc., to goods for whatsoever reason and
cause while the same are in the custody of the contractor at the time of handling
and transport of the same, the contractor shall be liable to make good to the
Corporation the value of the goods including duty, penalties and fines as are
leviable by the appropriate authority for such shortage/damage/loss etc. In
addition, if there is any reason for suspicion of collusion of the contractor or his
employee in such losses or damage, the Regional Manager, CWC, at his discretion
may impose liquidated damages as deemed fit. The action taken by Regional
Manager, CWC, will be final and binding on the contractor.
(e) The contractor shall indemnify the Corporation, against any loss, destruction, or
deterioration of cargo or any damage or delay in movement/delivery of the
container or any delay in delivery of cargo, due to any negligence or default on
their part or on the part of their employees/labourers or due to failure of
equipment or due to non-availability of adequate safety aids with the labourers or
due to pilferage of cargo by their employees/labourers, also by the carelessness,
neglect, misconduct of their employees/labourers in their employment and any
liability for payment of compensation by the Corporation to the shipping lines/
shipping agents/ CHA/ Exporter/ Importer/ Users/ Customs or any other agency
on account thereof and shall pay all claims preferred and also litigation expenses,
if any incurred by the Corporation immediately on demand without any demur. The
corporation shall have the right to deduct the amount of such loss from any sum
(including security deposit) then due or may become due to the contractor under
this contract. The decision of the Regional Manager, CWC, shall be final and
binding on the contractor in this regard.

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(f) In the event of failure of the contractor to undertake the work after award of
contract or rescinding from the contract during its currency the Corporation
shall have the right to get the work done at his risk and cost and the contractor
shall be liable to make good the loss , if any , suffered by the Corporation on
this account. The Corporation shall also have the right to deduct the amount of
such loss from any sum (including Earnest Money and Security Deposit) then due
or which at any time thereafter may become due to the contractor under this
contract or any other contract with the Corporation and to claim the balance
amount from the contractor.

(g) Any overtime charges payable either to Customs or port to expedite completion
of the work as per job orders given shall be paid by the contractor and no claim
whatsoever shall be against the Corporation on this account.

(h) Only the minimum required labour to cope up with the work and keep up certain
productivity norms for the gangs should be deployed. A work force of four
labourers attached to each forklift operation should be capable of stuffing/de-
stuffing a minimum of four containers per shift of eight hours. The deployment
should be regulated according to these norms.

(i) All the taxes/levies/fees/charges payable to any Government body/Local body


for his operationshall be paid by the contractor and no claim what so ever shall lie
against the Corporation on this account.

(j) The charges for the water and electricity utilized by the contractor either for
his office/garage shall be paid to CWC/Port at its share of costs and at the
highest slab rate at which payment made for garage/workshop and contractor is
at liberty to use calibrated sub-meters, after installing these at his cost at the
tapping points with the prior approval of the Corporation.

(k) In case of delay in de-stuffing/stuffing the containers, in addition to the claims


towards liquidated damages by the importer/exporter/ shipping agents/user or
any other agency, the storage charges of the cargo/containers at the highest
slab which would have accrued/would accrue to the Corporation will be deducted
from the running bills of the contractor.

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(l) The contractor shall deploy the services of a Master Mariner with adequate
experience in container operations for undertaking inspection/stuffing/de-
stuffing and handling of cargo/containers etc., at the Container Freight Station,
VIRUGAMBAKKAM, .
(m) The H&T contractor should not have the same business activities which would be
detriment to the interest of the Corporation in the vicinity of VIRUGAMBAKKAM
PORT area either at the time of award of tender or during the currency of the
contract otherwise this will be treated as a breach of trust of contract and
contract may be terminated after giving one months notice upon this fact coming
to the notice of CWC.
XIII. SET OFF:-

Any sum of money due and payable to the contractor (including security deposit
refundable to him) under this contract may be appropriated by the Corporation
and set off against any claim of the Corporation for the payment of any sum of
money arising out of this or under any other contract made by the contractor
with the Corporation.

XIV. ACCOUNTS:-

All accounts, books, papers and documents pertaining to the operations carried
out in connection with the contract shall be open for inspection, audit and
counter signatures by the Manager, CWC, CFS-Virugambakkam, or an officer
acting on his behalf including the accounts and audit officers. The contractor
shall be responsible to produce the same at such time and place as may be
directed by the Manager, CWC, CFS-Virugambakkam, or an officer acting on
his behalf.

XV. VOLUME OF WORK:-

(a) Subject as hereinafter mentioned the Corporation does not guarantee any
definite volume of work or any particular pattern of services at any time or
throughout the period of the contract. No minimum volume of work to be
performed can be guaranteed during the currency of the contract. The volume
of traffic is likely to fluctuate (increase or decrease) and the tenderer should
note that no claim for compensation arising directly or indirectly out of such

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fluctuation in the volume of traffic to be handled during the currency of the
contract shall be entertained.
(b) The mere mention of any items of work in this contract does not by itself
confer a right on the contractor to demand that the work relating to all or any
items thereof should necessarily or exclusively be entrusted to them.
(c) PANELLED CONTRACTORS:
The Corporation will also have the exclusive right to appoint one or more
contractors or allow CFS user(s) to make their own arrangement for any or all
the services mentioned hereunder/ any new facility warranted by him/them and
to divide the work as between such contractors in any manner that the
Corporation may decide initially or at any time during the currency of contract
and no claim shall lie against the Corporation by reason of such division of work.

(d) No assurance is also given about any item of work at any time during the
currency of the contract.
(e) It should clearly be understood that no guarantee is given that all the items of
work as shown in the schedule of operations will be required to be performed
by the contractor.

XVI. A. REMUNERATION:-

The contractor shall have to perform all the services provided for in this
contract and shall be paid at the rates quoted by him and accepted by the
Corporation. The contractor shall also provide any additional services not
specifically provided for in this contract for which the remuneration shall be
payable at the rates as may be settled by mutual negotiations. In the absence
of any agreement being reached on the rates for such additional services, the
decision of the Managing Director, Central Warehousing Corporation, New
Delhi will be final and binding and non-settlement of the rates for additional
services shall not confer a right upon the contractor to refuse to carry out or
render such services.

B. ESCALATION CLAUSE:

1. The contracted rates shall remain operative throughout the contract period
except for variation in diesel (HSD) prices which Central Warehousing Corporation
(CWC) on contractors request will increase at six monthly frequency @ 0.3% for
every 1% increase or decrease in base HSD (diesel) price due to any government
notification etc. duly supported by documentary evidence. However, in case of
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decrease in base HSD (diesel) price, CWC will be free to revise (decrease) the
rates on its own as per the guidelines, which again will be at six months interval
only.

2. First rate revision would be done only after (6) six months of commencement of
contract, w.e.f. 1st of the month following completion of (6) six months of
commencement of contract. Subsequent rate revisions would be after six months
interval thereafter. For instance, if a contract commences for a period of four (4)
years on, say, 16th April 2016, there will be seven rate revisions due during (4) four
years period. 1st rate revision would be due w.e.f. 1st Nov, 2016, 2nd w.e.f. 1st May
2017 and 3rd w.e.f. 1st Nov, 2017, and so on.

The rate revision would be regulated by the following formula:

For 1st rate revision

% increase in contract rates = (P1 PB) /PB x 100 x 30/100

where

P1 = HSD price on 1st of the month following completion of initial five months of
contract (as applicable in city of contract); and

PB = Base HSD price on the last date of submission of tender (in the city of
contract).

For subsequent six monthly rate revisions

% increase in contract rates = (PN PN-1) / PN-1 x 100 x 30/100

where

PN = HSD price on 1st day of the previous month of the due date of n th escalation
(as applicable in city of contract); and

PN-1 = HSD price on 1st day of the previous month of (n-1)th escalation (as
applicable in the city of contract).

3. Therevision on the basis of above principle will remain valid for the original period
of contract, as per provisions of tender. In case CWC management decides to
extend the original contract period, CWC may negotiate the prices with the
contractor depending upon the market situation at the time of extension and the
extension will be given at mutually accepted rates. Contractor will have the right
to exit from the extended period if no agreement on mutually acceptable rates is

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arrived at for the extendable period. In such an event, the contractor will,
however, have to work at the same rates for another 4 (four) months, beyond the
initial contract period, to enable CWC to finalise alternative arrangements.

4. In case extension is agreed to, the same rate revision will be applicable for
extended period with base shifted to the date on which extension becomes
effective. In case of above example, the base date for extended period will be 19
Sep 2016 and the reference base price of HSD (PB) for further extended period
shall be 19.09.2016 and relevant contract rates shall be negotiated rates arrived
at for extended period.

Illustration:

Suppose the HSD price on the date of submission of the tender mentioned above
was Rs.42.20 per litre and it is Rs.45.20 per litre on 1st October 2016. According
to the formula, %age increase in contract rates will be as under:

For 1st rate revision (w.e.f. 01.04.2017)

= (P1 PB) /PB x 100 x 30/100

(45.20 42.20) / 42.20 *100 *30 /100

= 2.13% i.e. an increase of 2.13% in the originally accepted contract rates on which
rate revision is specifically provided for in the contract.

For second six monthly rate revisions w.e.f. 1st May 2017, let the HSD price as on
01.4.2017 be Rs.42.12 per litre. Then, in this case:

= (PN PN-1) / PN-1 x 100 x 30/100

= (P2 P1) / P1 x 100 x 30/100

= (42.12 45.20) / 45.20 x 100 x 30/100

= -2.04% i.e. a decrease of 2.04% over the rate accepted during the previous
revision.

(Note: For the purpose of change, the rates of diesel as prevalent as on 1st of the
previous month would be considered, e.g. if the escalation is due on 1st May 2017
the diesel rates prevalent as on 1st April 2017 would be considered, and so on.)

The revision of rates would be applicable only in case of deployment of equipment /


vehicles for container handling / transportation or cargo transportation.

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XVII. PAYMENT:-

(a) The schedules of rates (SOR) to be quoted and agreed shall be exclusive of
Service Tax, SBC & KCC. Payment will be made by the Regional Manager,
CWC, on submission of bills in duplicate duly supported by work certificate
issued by the Manager, CWC, CFS-Virugambakkam, or an officer
authorized by him. The contractor shall have to submit proof of payment of
service tax to Service Tax Department along with the next months bill. The
Contractor will get themselves registered with the service tax department
for Cargo Handling Services and the Registration Number with the
category of service should be printed on the bills of the contractor while
claiming the charges for the services. Further, the Bill should clearly show
the element of service tax, SBC & KCC separately.
(b) Payment will be made by the Regional Manager, CWC, on submission of bills
in duplicate duly supported by work certificate issued by the Manager,
CWC, CFS-Virugambakkam, or an officer authorized by him.
(c) The contractor should submit all his bills not later than two months from
the date of expiry of the contract so that the refund of security deposit
may be speeded up. In order to facilitate early settlement of bills the
contractor is advised to submit his bills fortnightly.
(d) Service tax or any other tax in lieu thereof levied by the Central
government from time to time on the services rendered by the contractor
to CWC shall be paid by CWC to the contractor over and above the SOR,
subject to the contractor submitting his bills invoice therefore in the
format prescribed under Rule 4A(1) of the Service Tax Rules, 1994 or
other relevant Laws, as the case may be.
(e) Income tax as applicable from time to time as per the Income Tax Act will
be deducted from the bills. In case the contractor is exempted from
deduction of Income Tax, then he is required to produce a certificate from
the Income Tax Authority indicating clearly that no tax / lower tax at
source be deducted from the contractor against the said contract. Such a
certificate shall have to be obtained at the commencement of each
Financial Year.

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(f) The payment shall be made through e-payment system for which the
following details shall be provided by the contractors immediately after
commencing the contract:-
i) Bank Account Number, Type of account
ii) Name of the Bank
iii) RTGs Code Bank(IFSC code) (RTGS charges to be borne by the
contractor)
NOTES:-

(i) The Regional Manager, CWC, may at his discretion(s) make an on account
payment to the extent of 75% of the value of work done in case where the
bills have been received at RO after the satisfactory performance of the
service provided in the contract.

(ii) The rates quoted by the tenderer and accepted by the Corporation and
incorporated in the contract agreement shall remain applicable during the
entire period of the contract. However rates can be revised only as per
escalation clause XVI (B) of the tender.

(iii) The Corporation shall not be liable for payment of any interest on any bill
outstanding for payment for any reasons, whatsoever.
(iv) There are certain operations, which form part of a composite operation, for
which rates have been called for separately. These operations are to be
carried out under certain specific circumstances, the need for the same will
be determined by the Manager, CWC, CFS-Virugambakkam/the Regional
Manager, CWC, and the decision of Regional Manager, CWC, in this regard
will be final and binding on the contractor.
XVIII. LAWS GOVERNING THE CONTRACT:-

The contract shall be governed by the laws of the country in force from
time to time.

XIX. AGREEMENT:-

The successful tenderer shall execute a formal agreement with Regional


Manager, Central Warehousing Corporation, in the form appended as
Annexure-II on a non-judicial stamp paper of appropriate value.

XX. ARBITRATION:-

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All disputes and differences arising out of or in any way touching or
concerning this agreement, whatsoever (except as to any matter, the
decision of which is expressly provided for in the contract) shall be
referred to the sole arbitration of any person appointed by the Managing
Director, Central Warehousing Corporation, New Delhi. It will be no
objection to any such appointment that the person so appointed is an
employee of the Corporation, that he had to deal with the matters to which
the contract relates and that in the course of his duties as such employee
of the Corporation he had expressed views on all or any of the matter in
dispute or difference. The award of such arbitrator shall be final and
binding on the parties to this contract. It is a term of this contract that in
the event of such Arbitrator to whom the matter is originally referred
being transferred or vacating his office or being unable to act for any
reason, the Central Warehousing Corporation at the time of such transfer,
vacation of office or inability to act shall appoint another person to act as
Arbitrator in accordance with the terms of this contract. Such person shall
be entitled to proceed with the reference from the stage at which was left
by his predecessor. It is also a term of this contract that no person other
than a person appointed by the Managing Director, Central Warehousing
Corporation, New Delhi as aforesaid should act as Arbitrator and if for any
reason that is not possible, the matter is not to be referred to arbitration
at all. The Arbitrator shall give reasons for his award.

Provided further that any demand for arbitration in respect of any claim(s)
of the contractors under the contract shall be in writing and made within
one year of the date of termination or completion (expiry of the period) of
the contract and where this provision is not complied with, the claim(s) of
the contractors shall be deemed to have been waived and absolutely barred
and the Corporation shall be discharged and released of the liabilities under
the contract.

The venue of the Arbitration shall be such place as may be fixed by the
Arbitrator at his sole discretion.

The arbitral proceedings in respect of dispute shall commence on the date


on which the Arbitrator call upon the parties to file their claim and defence
statement

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The work under the contract shall, if reasonable possible, continue during
the arbitration proceedings and no payment due or payable to the
contractor shall be withheld on account of such proceedings.

The costs of arbitration shall be borne by the parties as per the decision of
the Arbitrator.

The Arbitrator shall give separate award in respect of each dispute of


difference referred to him.

Subject as aforesaid the Arbitration and Conciliation Act, 1996 shall apply
to the Arbitration proceedings under this clause.

EXPLANATION:-

For the purpose of this clause, the expression MANAGING DIRECTOR


shall include any officer for the time being performing the duties of the
Managing Director of the Central Warehousing Corporation, New Delhi.

XXI. SERVICES TO BE RENDERED BY THE CONTRACTOR:-


I. SERVICES TO BE RENDERERD BY THE CONTRACTOR OPERATIONS AT
THE CFS, VIRUGAMBAKKAM:

A. IMPORT OPERATION:
1. The contractor shall provide road vehicles at designated port or other nominated
areas and take over import container for transportation by road to CFS,
VIRUGAMBAKKAM from the concerned port authorities, shipping lines at
designated port after satisfying about the condition of the containers, locks /
seals etc. and on the completion of all other formalities, including obtaining of the
EIR and transport the containers by road to CFS (under Custom escort wherever
necessary). The contractor shall be responsible for safe transportation of the
containers to the CFS and for its handing over to the CFS authorities duly
satisfying them about the seals, locks and condition of the container as shown in
the EIR and stacking the containers atleast upto 3 high in the designated area at
the CFS. The work includes processing documents under PNR movement.
NOTE:The operation under this item will be considered as continuous work
irrespective of the time lag between different stages of work. If in carrying out
the various operations, some additional services to complete the specified work are
required, this will be considered as a part of the work and no extra payment will be
made.
The above provision of continuous work will be applicable to all other items of work in
the schedule of services.
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2. The contractor shall provide road vehicle at designated port or other nominated
areas and take over import containers for transportation by road to CFS, from the
concerned port authorities / shipping lines at designated port after satisfying
about the condition of the containers, locks / seals etc., and on completion of all
other formalities, including obtaining of the EIR and transport the containers by
road to CFS (under Custom escort wherever necessary). The contractor shall be
responsible for safe transportation of the containers to the CFS and for its
handing over to the CFS authorities duly satisfying them about the seals, locks
and of the condition of the container as shown in the EIR. The work includes
processing documents under PNR movement.
He shall arrange for immediate destuffing of the containers, on the chassis or by
grounding at the designated slots in presence of the Customs, shipping lines and
under the supervision of the CFS officials, after following prescribed procedure.
The container will be destuffed in a manner, which does not cause damage to the
container or to the cargo. The cargo destuffed at the Import warehouse /
container yard will be inventorised / segregated and neatly arranged consignment-
wise to tally with the forwarding notes, packing list / ocean bill of lading and
other relevant documents. The empty containers after destuffing shall be shifted
to the designated location in the CFS complex by suitable mechanical equipment
and stacked atleast 3 high, or moved to the designated yard anywhere in Chennai.

2(a) The contractor shall provide road vehicles at Chennai Port or other designated
area to take over import container from the concerned Port authorities / shipping
lines after satisfying about the condition of the containers, locks / seals etc., and
completion of all other formalities including obtaining EIR and transport the
container by road to the designated ICD / CFSs with Customs escorts (whenever
required) and handing over the containers to the Customs authorities and obtain
clear acknowledgement and also landing certificate for having delivered the
container intact in all respects and to submit the landing certificate to the officer
in charge at the loading point / destination. The work includes processing of
related documents.

3. The contractor shall arrange destuffing of the loaded containers stacked in the
open yard by grounding these, wherever necessary for facilitating Custom
Examination (which will include unpacking and repacking wherever needed, by
providing additional strapping material, if required, at his cost and weighment
wherever necessary in the presence of the Customs Officials, shipping lines and
under supervision of CWC officials, and stuffing it back into the container and /
or loading it on to the road vehicles / trucks of the importers provided at the
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CFS or stacking the cargo in import warehouse). The container will be destuffed
in a manner which does not cause damage to the container or its cargo and this
operation shall be performed to the satisfaction of the CFS authorities. The
loaded / empty container, as the case may be, will have to be stacked in the
container yard of CFS or any other designated area upon a minimum of 3 high.
4. The contractor shall provide suitable types of mechanical equipment for
destuffing the container on the chassis itself, or after grounding or after the
retrieval of loaded container (which may include transportation within the
complex) as the need be in the presence of Customs, shipping lines and under the
supervision of CFS officials after following prescribed procedure.
The container will be destuffed in a manner, which does not cause damage to the
containers or contents, for which contractor shall be solely responsible and liable
to fully compensate the damages caused. The cargo destuffed shall be
inventorised / segregated and neatly arranged consignment-wise in the nominated
stack / grid, to tally with the forwarding notes, packing list / ocean bill of lading
and other relevant documents.
The cargo, thereafter will be removed and stacked in the import cargo unit / open
yard by using appropriate handling equipment.
The empty container after destuffing will be shifted to the container yard or any
other location in the CFS and stacked atleast upto 3 high.
5. The contractor shall provide labour and appropriate equipment, low mast forklifts,
hand pallet trucks, hand trolleys, wheel borrows, slings, plates etc., for bringing
the packages from storage point or from any location in the open yard to the
designated point for custom examination.
This will include opening of packages for examination, re-packing using suitable
straps (to be supplied by the contractor free for cost) and sealing the same and /
or weighment, wherever necessary as per requirement of the customs. The
contractor shall also provide labour and equipment for customs examination of the
heavy and over dimensioned packages at the storage point itself and re-packing
etc. The entire consignment against a bill of entry after Customs examination will
be loaded at the import warehouse on to the road vehicles provided by the parties
for delivery to importers or for movement to the bonded warehouse within the
CFS. If during the retrieval of the packages for examination of the customs, the
goods in the stack of a godown or yard are disturbed, it shall be obligatory /
responsibility of the contractor to have all the packages so disturbed, place neatly
in the original position for which no extra remuneration will be payable.

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B. EXPORT OPERATION:
6. The contractor shall arrange to receive export cargo at the CFS in break bulk
condition, being brought by the parties in truck vehicles and unload the same by
appropriate handling equipment / means and stack in the export unit (including
open yard), wherever necessary of the CFS after test weighment and due
inventorisation and following the prescribed formalities and vice-versa.
7. The contractor shall provide labour and appropriate equipment for taking the
required number of packages from rakes / storage point of the export cargo unit /
open yard and bring it for Custom examination at designated point. This includes
opening of packages, re-packing and sealing the same whenever needed, by using
suitable additional strips; if required, at his cost and arrange weighment, wherever
necessary, as per requirement of the customs, stacking the cargo in the export
warehouse or open yard before and after customs clearance. He shall arrange
consolidation and stuffing of the nominated cargo into the nominated container on
the chassis or by grounding by use of suitable mechanical equipment or by other
means, without damaging the containers in any way, or its contents.
This includes shifting of the nominated empty container from the container yard
and placing the same at the export unit on chassis after thorough cleaning and
stuffing the consignment by using suitable mechanical equipment or by other
means by following required procedure, locking and sealing the same by customs
and shipping lines under the supervision of CFS officials as per procedure laid
down. He shall provide the road vehicles / trucks and transport the loaded
containers (under custom escorts, wherever necessary) to designated port and will
have to obtain the EIR from designated port as the case may be.
The contractor should employ the services of a master mariner with adequate
experience in container operation for undertaking inspection, stuffing and handling
of cargo / container etc., at the CFS, container yard.
8. The contractor in some limits / cases will have to move the loaded export
containers from the CFS to Port by road in vehicles / trucks provided by him and
will have to obtain the EIR from designated port as the case may be. The various
terms, conditions and procedures as required in Sl.No.8 above will be applicable in
a similar way for this operation as well.
9. The contractor shall also provide labour and proper equipment as per requirement
for unloading / loading the required number of packages from / into vehicles
without customs examination in the case of shut out and similar cargo as and when
required.
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C. GENERAL:
10(a) The contractor shall also transport empty containers by providing suitable road
vehicles from designated port to CFS, VIRUGAMBAKKAM.

10(b) The contractor shall take over empty containers from any yard and transport
them by road in the vehicle / trucks provided by him to CFS and stack them
atleast three high or may provide reverse operation at the time of sending empty
containers ex. CFS to any yard.

11. The contractor shall arrange for shifting of empty / loaded container from one
location to another location within CFS complex and stacking the same atleast 3
high, by using appropriate handling equipment.

12. Wherever necessary, the contractor shall arrange lift off / lift on of the loaded /
empty containers from / to the road vehicles / trucks of the parties placed at CFS
complex by using appropriate handling equipment and stack the containers upto at
least three high without causing any damage to the containers or their contents.
13. The contractor shall arrange for shifting / movement of cargo from one location
to another location in the same godown / compartment / any place in the CFS open
yard to another place in the open storage yard of the CFS complex.
14(a) The contractor shall arrange for shifting / movement of cargo from one godown to
another godown within the complex by using suitable equipment / transport means.
This will also include movement of cargo from open storage yard to any godown or
vice versa.

14(b) Bonded Truck Operations:


The contractor shall provide closed body trucks with provision of locking and
sealing at CFS, VIRUGAMBAKKAM or at notified points of various CFSs / ICDs at
various locations for picking up export / import cargo respectively, including
loading of the cargoes as per the direction of the officer In-charge and transport
the same to the designated CFS / ICD under Custom seal and hand over the cargo,
obtain acknowledgement and furnish the same to the Officer In-charge at
loading point / destination. The work includes processing of related documents.
15. The contractor shall provide labourers and proper equipment for handling of
bonded cargoes at the CFS premises.
16. The contractor shall arrange customs examination of the cargo in the containers /
stacked in the godown by providing labour and appropriate equipment for taking
out required number of packages, which will include unpacking and repacking
wherever needed by providing additional strapping material at his cost if required
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and arranging weighment wherever necessary in the presence of customs officials,
shipping lines and under supervision of CWC officials and placing the packages
back into the container / stack, and locking / sealing the containers, wherever
necessary.
17. The contractor shall supply casual labourers as may be indented by the Manager,
CFS or by and officer acting on his behalf. The supply of the casual labourers
shall be arranged at a short notice when warranted under the circumstances and
as per operational needs. The payment of casual labourers rate shall be not
less than the minimum statutory rate fixed by the appropriate authority and in
force at the time of tendering for the material period as fixed wage for male /
female casual labourers per day.
18. The contractor shall be required to move the export loaded containers to
designated port on the road vehicles. The proof of having handed over the export
loaded container to the concerned port authorities to be obtained in writing,
showing clearly the date and time on which the containers have been handed over
to them and will be sent by courier to the Manager, CFS, immediately.
The operations under all the items shall be considered as continuous work irrespective
of the time lag between different operations. If, in carrying out the
various operations, some additional services to complete the specified work is
required, this shall be considered as a part of the work and no extra payment shall
be made.

The contractor shall provide transport facilities to the Customs officials wherever it
becomes necessary to move the container under Customs escort. For providing
transport facilities or the Custom Escort, no extra remuneration is payable to the
contractor.

The containers should be destuffed / stuffed within one hour on receipt of the job
order, failing which penalty of Rs.50/- per TEU per hour will be levied beyond the
free time of one hour. The period of free time being reckoned on the entry of the
container at the gate. Similarly, receipt of break bulk cargoes brought by the
parties should be unloaded within two hours from the gate entry, failing which
penalty of Rs.100/- per vehicle per hour will be levied after the free time of two
hours.

While taking over the containers (loaded / empty) from the port authorities, the
contractor should satisfy himself about the condition of containers. Damages
bulging etc., to the container should be brought to the notice of concerned
authorities in writing, failing which any claim from the shipping lines will be on the
contractors account.

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19. The contractor shall complete the work of transportation of empty / loaded
containers / CBT (import / export) ex. CFS, VIRUGAMBAKKAM to gateway Ports
and any other specified place or vice versa within the specified time as under from
the date and time of issue of job order / handing over complete document viz.
SMTP etc., by shipping line / agent for the same.

20.
S. Transportation between CFS, Maximum time prescribed for
VIRUGAMBAKKAM and vice versa transportation.
No.

1. Chennai Port / Kattupalli Port Same day of the issue of job order
(inclusive of removal time)
2. Thoothukudi / Coimbatore / One day
Bangalore / Pondicherry /
Hyderabad
3. Kochi / Vizag Two days

4. Mumbai / JNP Three days

5. Patparganj, Delhi / Kolkatta Four days

Note: The above time schedule is also applicable for movement of loaded containers from
Chennai Port to the destinations mentioned at Sl.No.2 to 5

The contractor shall be responsible to produce the proof of date of having received the
document from the shipping line / agent duly authenticated by them subject to the
condition that the container / cargo in case of gateway ports / ICD / CFSs at Kochi,
Thoothukudi, Mumbai / JNP, Bangalore, Coimbatore, Hyderabad, Vizag, Pondicherry,
Delhi and Kolkatta should be removed from CFS, VIRUGAMBAKKAM or taken delivery
from the gateway ports /ICD /CFS, as the case may be, for transportation within one
day of the date of issue of job order which shall be part of the above mentioned time
limit prescribed for transportation irrespective of any detention due to off loading /
loading delay or traffic congestion enroute etc. whereas in case of transportation from
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/to Chennai Port the container should be removed and transported on the same day,
failing which RM, CWC, Chennai reserves the right to impose liquidated damages at the
rate of Rs.100/- per hour subject to Rs.500/- per day and in case of other destinations /
ports Rs.500/- per TEU / CBT per day for delay in transportation of containers and in
addition to the above, an amount equivalent to ground rent at the maximum slab of
prevalent tariff (liable for revision from time to time) for delay in removal or taking
delivery of container within stipulated time in each case except Chennai Port wherein if
the container is not removed or taken delivery on the same day of job order and his
decision in the regard will be final and binding on the contractor.

Job order issued after 1400 hrs for Kochi, Thoothukudi, Coimbatore, Bangalore,
Pondicherry, Kochi, Hyderabad, Vizag, Mumbai / JNP, Kolkatta and Delhi be deemed to
have been issued on the following working day for the purpose of computing
transportation time unless & until a specific order is issued by the Manager, CFS / The
Regional Manager, CWC, Chennai for transporting the containers on the holidays falling in
between date of issue of job order and following working day which shall be otherwise
working day for the purpose.

D. HANDLING OF AIR CARGO:

21. a) Unloading the cargo from vehicle of other Airports/ Air Cargo Complexes /
AFSs and stacking inside designated sheds / locations & vice versa

21 b) Taking the required no. of packages and presenting them for Customs
examination either at the same location or at the designated place which will
include unpacking and repacking by providing suitable additional straps or any
other packing material so required and restacking the same in original stacks /
bay or loading the cargo / packets / packages in the vehicle / truck
meant for other Airports/Air Cargo complexes / AFSs

22. INCIDENTAL OPERATIONS

a) In the course of any of the operations, the contractor shall be required to


perform all or any of the following general duties, for which no separate payment
will be made.

b) Handling of cargo in the manner required by Corporation/Customs authorities,


whenever joint check is warranted due to defective seal etc.

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c) Weighment of all out-ward/in-ward container/cargo

d) Sealing and riveting of container(s)

e) Inventorisation (both in the sheds/open yard)

f) Housekeeping of containers and cargo to give the campus a neat look at any given
point of time.

g) Proper cleaning of the Complex/premises to be ensured after de-stuffing/stuffing


or shifting or delivery or any other operation performed in the premises.

XXII. DUTIES & RESPONSIBILITIES OF THE CONTRACTOR

1. (i) The contractor shall carry out all types of services assigned or entrusted to
him by the Regional Manager, CWC, / Manager, CFS-Virugambakkam, or any
officer acting on his behalf and shall abide by all instructions issued to him
from time to time by the said officer(s). The contractor shall render the
services to the best satisfaction of the Regional Manager, CWC, /Manager,
CWC, CFS-Virugambakkam, or any officer acting on his behalf, together
with such auxiliary and incidental duties, services and operations as may be
assigned by the said officer(s) and which are not inconsistent with the
terms and conditions of the contract.
Some of such auxiliary and incidental duties are mentioned above.
Remuneration for all auxiliary and incidental duties and services not
specifically provided for in the schedule of rates for services which are
required to be performed as per directions of Regional Manager, CWC,
/Manager, Container Freight Station, VIRUGAMBAKKAM, or any officer
acting on his behalf or any officer of customs for proper performance of
the work, shall be deemed to be included, in the remuneration provided for
various services specifically mentioned in the schedule. The contractor shall
always be bound to act with reasonable diligence in business like manner to
use such skill as they possess in conduct of their activities. The contractor
shall prepare and furnish documentation as per prescribed format at such
intervals, as decided by Regional Manager, CWC, /Manager, CFS-
Virugambakkam, or any officer authorized on his behalf.
(ii) The Contractor shall pay all levies, fees, taxes and charges etc. to the
appropriate authorizes and other bodies, as required by them under their
Rules for the vehicles, equipments, employees and workers engaged by the
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contractor. No reimbursement for such payments shall be claimed by the
Contractor from CWC. However, the Service Tax for Handling of Cargo /
Goods in accordance with the relevant provisions of the Service Tax Rules,
1994 as amended form time to time, under the Cargo Handling Service at
the Rates, as in force from time to time, wherever applicable, shall be
payable to the Contractor by the Corporation, on the Contractor raising his
Bill/Invoice, clearly showing therein his PAN based Service Tax Registration
Number as also the Service Tax Amount, as required under Rule 4A(1) of
the Service Tax Rules 1994.
(iii) The contractor shall strictly abide by all rules and regulations of
RTO/Police/Municipal/Customs/Port authorities.

(iv) The supervision by an officer of the Corporation at the Port and CFS-
Virugambakkam and en-route if any is at the discretion of the Corporation.
It will in no way minimize the responsibilities of the contractor who will be
bound under obligation to deliver all the containers at the designated
destinations as per the job orders with original seal intact and the
container/cargo in sound condition, failing which it would be obligatory on
his part to make good all the losses whatsoever. The contractor shall
provide only appropriate and suitable road vehicles for transportation of
containers as per the direction of the Manager, CWC, CFS-Virugambakkam, .

(v) The successful tenderer shall be required to sign as surety for CWC on the
continuity bond of appropriate value as desired by Customs, to be executed
with them for safe transhipment of containers.
(vi) The contractor shall, as and when required, be also responsible for routine
cleaning of the interior of any type of container prior to stuffing to the
satisfaction of the officer(s) supervising the stuffing/dispatches. The
remuneration for stuffing in to container shall be deemed to include the
remuneration for such routine cleaning of containers to the extent, found
necessary.
(vii) The contractor shall maintain an up to date garage for backup services to
the equipments and the breakdown cases should be taken care of / repair
within most reasonable time.

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2. HANDLING EQUIPMENT AND VEHICLES FOR TRANSPORTATION:-

(i) The contractor shall provide adequate number of suitable handling equipment
and vehicles for transportation of ISO containers of any size/type, weight,
dimension and description. The equipment required shall comprise suitable
road vehicles including low bed trailers for transporting ISO containers/
ODC, Heavy duty Mobile Crane/Reach Stackers for handling of loaded/empty
ISO containers, forklifts (2.5-3.0 MT for cargo handling within/outside the
container & 10MT for empty container handling), stacking stands, spreaders
and other appropriate equipment for handling heavy cargo/ODC and safety
aids/gadgets for usage by labour for handling hazardous/dangerous/dirty
cargo etc. The minimum number of equipment and vehicles required for
proper performance of the work at anytime shall be determined by the
Manager, CWC, CFS-Virugambakkam/ The Regional Manager, CWC, and his
decision in this regard shall not be called in to question by the contractor.

(ii) The equipment and vehicles shall have to conform to the requirements and
prescribed specifications to the satisfaction of the Manager, CWC, CFS-
Virugambakkam, / Regional Manager, CWC, and shall be put to use only after
obtaining his approval. The contractor shall obtain the required license for
operations of the vehicles and equipment from the authorities concerned and
ensure that these are operated by experienced and qualified operators, as
per requirement of the local transport and other authorities of the law. No
equipment utilizing internal combustion engine shall emit undue smoke and all
of them shall confirm to pollution control standards under the environment
rules and regulations. It shall be the responsibility of the contractor that
the tractor-trailer engaged for transportation of containers should have
valid license/permit/all clearance under Motor Vehicle Act for
drivers/vehicles to have free passage through en-route stations/states and
on demand the same may be produced to the Manager, CWC, CFS-
Virugambakkam, or any officer acting on his behalf.

(iii) CWC would also provide some working office space to the contractor free of
charge which shall be maintained in neat and clean condition. Electricity
charges shall be levied extra as per the actual consumption. The contractor
shall make his own arrangement for such repair/maintenance of all
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equipment/vehicles deployed by him. A limited specified area in the
premises may be provided by Corporation free of cost on the request by the
contractor for such repair/maintenance. No other area in the CFS shall be
used for repairs/maintenance. The water and electricity connections will be
given by the Corporation at the contractors cost and the consumption
charges as per the tariff paid by the Corporation will be deducted from the
admitted H&T bills of the contractor. The decision of Regional Manager,
CWC, shall be final and binding on the contractor in this regard.

(iv) The Forklifts shall be painted in TRAFFIC YELLOW - colour internationally


approved for moving equipment.
(v) No compensation shall be admissible to the contractor in respect of the non-
use or detention of any equipment or vehicle at any point of time during the
period of contract. The contractor shall insure all the equipment, vehicles,
machinery and plant as may be considered necessary against any damage or
loss arising during the performance of the work. The Corporation will not be
responsible for any loss or damage to the equipment/vehicles/machinery of
the contractor.
(vi) It shall be the responsibility of the contractor to deliver all the containers
at Container Freight Station, VIRUGAMBAKKAM, /CY, CHENNAI PORT /
KATTUPALLI PORT /designated places as per job order, with original seals
intact and the container/cargo in sound condition. The contractor shall
provide adequate safeguards through Bank Guarantee or Insurance Cover or
any other manner as per the directions of the Manager, CWC, CFS-
Virugambakkam,

(vii) It shall be the responsibility of the contractor to transport the container(s)


to/from CY, CHENNAI PORT, Kattupalli Port immediately (after taking over
the same) from/to, Central Warehousing Corporation, CFS-Virugambakkam,
failure to do so will result in making good the losses by the Corporation by
imposing a liquidated damages as stipulated under clause XXI 1 to 16. The
decision of the Regional Manager, CWC, shall be final and binding on the
contractor in this regard.
(viii) All the operations shall be carried out in accordance with directions given by
the Manager, CWC, CFS-Virugambakkam, /the Regional Manager, CWC, or
any officer acting on his behalf and the decision of the Regional Manager,
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CWC, or in his absence, any officer immediately junior to him, will be final in
any dispute arising about the proper performance of the operations.
(ix) The supervision by an officer of the Corporation at Container Yard,
and en route for monitoring the progress of the work and to learn the latest
position is, however, at the discretion of the Corporation. It will in no way
minimize the responsibility of the contractor who shall be bound under
obligation to deliver all the containers at CY, CHENNAI PORT /
KATTUPALLI PORT or at CFS-Virugambakkam, or at any designated point
with original seals intact and the containers/cargo in sound condition within
the prescribed time schedule. The contractor shall provide only appropriate
and suitable road vehicles/units for transportation of containers as per the
directions of the Manager CWC, CFS-Virugambakkam/ The Regional Manager,
CWC, or any officer(s) authorized by him.
(x) The equipment and vehicles being provided by the contractor shall conform
to the requirement and shall be put to use only after obtaining the approval
of the Manager, CWC, CFS-Virugambakkam, . The contractor shall obtain
license for operations of the vehicles & equipment from the authorities
concerned and ensure that these are operated by experienced and qualified
operators as per the requirement of the local transport and other
authorities of law.
(xi) Equipment and vehicles should be operated by the experienced / qualified/
licensed and trained operators and the operation worthiness certificate of
the equipments and vehicles engaged by the contractor should be obtained
from time to time from the appropriate agency.
For efficient and smooth working the following minimum equipments are to be
made available at all times by the contractor:

Minimum Either Manufactured


Sl. Minimum to be Owned on or after
No Name of the Equipment total owned by or
. requirement the through
tenderer tie-up
1 Reach Stacker with 40 01 01 01
In good
Spreader
working
2 Forklift 3 - 5 MTs 06 03 03
condition
Capacity
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3 Tractor Trailor (for 10 05 05
transportation of 40
containers)
4 Closed body trucks with 05 Either owned or Tie
arrangements for locking up
and sealing with a capacity
not less than 20cbm / 9 MT.

Number of equipments would get increased to an adequate level depending upon


the operational requirement as mentioned at clause XII(a).

(Note: The bidder has an option of hiring /leasing of equipments that are required to be
owned by them as mentioned above for an initial period of 180 days from start of the
work & thereafter they will have to procure & make available these equipments which are
required to be owned by the bidder. For the leasing/hiring the equipments the bidder will
have to submit consent from the owner of the equipment as specified in Annexure-IX).
They will have to also furnish a Equipment deployment plan as specified in Annexure-X.
Contractor should provide the prescribed equipment in good working condition.
ALONG WITH THE TENDER DOCUMENTS THE TENDERERS ARE REQUIRED TO FURNISH
DOCUMENTARY PROOF OF THE SOURCE OF AVAILABILITY OF THE EQUIPMENT. THE
CORPORATION WHILE MAKING TECHNICAL EVALUATION RESERVES THE RIGHT TO SATISFY
ITSELF ABOUT THE AVAILABILITY OF THE EQUIPMENT AT THE DISPOSAL OF THE TENDERER.

No. & capacity of items not given above for any items will be decided by the Manager,
CWC, CFS-Virugambakkam, at the time of requirement.

The above said requirement is not exhaustive; the contractor should also provide any
other appropriate equipment required for carrying out any type of import/export
operations.

A certificate issued by a Chartered Engineer / Approved Surveyor certifying the


functional efficiency of the equipments and their worthiness for operations and from
safety point of view should be furnished.

However, if the quantum of work increases, the contractor will have to increase at short
notice, the number of equipment as per requirement/directions of Regional Manager,
CWC, RO, / Manager, CWC, CFS-Virugambakkam.

(xii) All the operations shall be carried out in accordance with the directions
given by the Regional Manager, CWC, RO, / Manager, CWC, CFS-
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Virugambakkam, or any officer acting on his behalf and the decision of
the Regional Manager, CWC, will be final in any dispute arising about
the proper performance of the operations.

3. DEPLOYMENT OF SUPERVISORS, LOADERS ETC. AT VARIOUS


OPERATIONAL POINTS
(i) The contractor shall provide adequate number of supervisors, loaders, tally
clerks and other workers/operators at all the operational points at CY,
CHENNAI PORT / KATTUPALLI PORT and at Central Warehousing
Corporation, VIRUGAMBAKKAM, to ensure proper handling and movement
of containers and performance of incidental services with the utmost
expedition. The contractor shall provide such number of supervisors/
operators/labour and persons in each category as is determined by the
Manager, CWC, CFS-Virugambakkam, /the Regional Manager, CWC, and as
considered necessary by him, for efficient operations at all points and at all
times. The decision of the Manager, CWC, CFS-Virugambakkam, / Regional
Manager, CWC, in this regard shall be final for the actual loss sustained by
the Corporation.

The Supervisors/loaders, tally clerks and other workers shall have to be


engaged by the Contractor on regular basis.

Full details about their names, addresses, both local and permanent, and three
copies of their recent photographs (passport size) shall be furnished to the
Manager, CWC, CFS-Virugambakkam, / Regional Manager, CWC, or his authorized
representative. They shall also be provided with necessary photo identity cards by
the contractor duly verified by the Manager, CWC, CFS-Virugambakkam, /the
Regional Manager, CWC, or his authorized representative which they shall be
required to display on their uniforms all the times. Any short term appointment in
any category of such workmen shall be made only after due intimation to the
Manager, CWC, CFS-Virugambakkam, / Regional Manager, CWC, and after
furnishing the personal details of the employees. If the Manager, CWC, CFS-
Virugambakkam/ Regional Manager, CWC, or his authorized representative is not
satisfied with the work of any person engaged by the contractor or whose
antecedents are doubtful, the contractor shall not employ such person(s) for any
work relating to this contract. At the sole discretion of Manager, CWC, CFS-
Virugambakkam, / Regional Manager, CWC, , he may prevent/permit the entry/exit
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of any labour/workman and he need not assign any reason either orally or in writing
for such a decision. No employee of contractor shall receive any tips, reward or
any type of charges from any person in consideration for any services rendered in
the Container Freight Station, VIRUGAMBAKKAM, . On failure to comply with this
stipulation by any employee(s) of the contractor, the contractor shall be required
to remove/terminate such employee(s) from services on receipt of formal
communication from Manager, CWC, CFS-Virugambakkam, / Regional Manager,
CWC, or any officer acting on his behalf.

(ii) The contractor shall pay all levies, fees, taxes and charges etc., to the appropriate
authorities and other bodies as required by them under their rules for the
vehicles, equipment, employees and workers engaged by them. These charges shall
be borne by the contractor. No reimbursement for such payments shall be claimed
by the contractor from the Corporation.

(iii) The contractor shall provide uniforms of different and distinct colours to the
various categories of his workmen with their names and category embossed on
their overalls.

(iv) All the loaders/supervisors/employees of the contractor shall be required to sign


the attendance register to be maintained by the contractor at the time of their
reporting for duty and departure on completion of days work.

(v) The loaders, supervisors and all other employees of the contractor shall be
subject to the security regulations of the Corporation including search by the
security personnel of the Container Freight Station, at the time of their
entry/departure from the CFS.

(vi) The Corporation shall provide general security for the premises. The contractor
shall have to take care of the container/cargo within the premises and it is the
responsibility of the contractor for securing the cargo of all kind, before and
after the custom examination till they are delivered to the concerned authorities
or cargo is shifted back into container and the container is sealed. It is
responsibility of the contractor also to ensure safe/secured and timely movement
of the containers to the ports.

(vii) The contractor shall ensure that delicate fragile/sensitive cargo/packages are
handled carefully and as per directions given on the packages/baggages or as per
the direction of Manager, CWC, CFS-Virugambakkam, /the Regional Manager,
CWC, or any officer acting on his behalf.
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(viii) The contractor may be required to work during such hours of the day as
prescribed by the Manager, CWC, CFS-Virugambakkam, / Regional Manager, CWC, .
The duration of work or day may be fixed by the Manager, CWC, CFS-
Virugambakkam, / Regional Manager, CWC, for any length of time during the
currency of this contract. The work shall be carried out in eight hourly shifts,
round the clock depending upon the quantum of work. The contractor may have to
work even during the holidays if required, without additional remuneration.

(ix) All operations covered under this contract shall be carried out by the contractor
strictly under the directions of the Manager, CWC, CFS-Virugambakkam, /
Regional Manager, CWC, or any officer acting on his behalf. Each Operation
should be completed within the time frame in which it is ordered to be completed.
Due to non-completion of the work if any claim received by the Corporation from
the Shipping Line/Agent/CHA/Exporter/Any other agency, the same will be
passed on to the contractor. The decision of the Regional Manager, CWC, in this
regard shall be final and binding on the contractor.

(x) THE CONTRACTOR SHOULD BE RESPONSIBLE TO MAKE GOOD THE LOSSES


FOR ANY DELAY IN THE WORK, BESIDES PAYING PENALTY.
(xi) This is to be noted that the payment for ISO containers of more than 20ft., in
length will be regulated as 40ft., container only irrespective of the size being 30,
35, 40 & 45 etc., and payment of such containers above 20will be regulated
accordingly. How ever the height of the container shall not be taken/given
cognizance of as far as the rates are concerned. The rates of over
dimensional/oversized cargo/flat rake/open top containers shall also be the same.
(xii) The contractor shall have to provide Mobile, Telephone Facility along with
handsets (minimum Two numbers ) to facilitate better coordination amongst the
CWC officials responsible for monitoring the operations for which entire cost
(including monthly bills) shall be borne by him. If the contractor fails to provide
the said facility within one month from the date of commencement of the
contract, the Regional Manager, CWC, shall make this arrangement at the cost of
the contractor and such decision should be binding on the contractor.

(xiii) The HTC shall be liable to provide technical worthiness certificate for all the

equipments certified by Chartered Engineer plying in the CFS, as and when


required by the Regional Manager, CWC and /or Customs Authorities for which the
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cost will be solely borne by the H&T.

(xiv) The CWC, CFS-Virugambakkam, is to operate 7 days a week and 3 shifts of Eight
hours each day and the contractor shall be bound to undertake the jobs on all days
of week and in all shifts of a day.

(xv) The contractor shall also reimburse the cost of electricity on actual basis
consumed by them in connection with the carrying out the operations by using
machines/ equipment etc., electrically operated.

(xvi) Submission of Daily Reports / Statements

The contractor shall submit the following computerized daily reports duly signed
by or his authorized representative to the Manager, CFS-Virugambakkam in the
prescribed/ approved format.

1. List of labourers deployed for carrying import / export operations.


2. List of containers moved from Port to CFS with contr. no., size, SLA name, via
no., arrival time at CFS for each job order separately.
3. List of export containers moved from CFS to Port with Sl. no. contr. no. size,
SLA / Consol vessel name.
4. List of empty container repositioned to SL yard separately for each Line.
5. Statement of equipments deployed in working condition.
6. List of loaded containers delivered during the day S/Linewise.
7. List of de-stuffed containers delivered during the day S/Linewise.
8. List of containers de-stuffed in LCL shed and delivery of LCL stock
S/Linewise.
(xvii) Submission of Monthly Reports / Statements

1. Detailed reports of shipping Line wise handling of In / Out movement of TEUs


during the month.
2. Total No. of packages received / delivered during the month in respect of export
cargo.
3. Total No. of packages received / delivered during the month in respect of bonded
cargo.
4. Yard balance at the end of the month S/Linewise for loaded and empty
containers.
4. DERIVING OF RATES FOR EXTRA/SUBSTITUTED ITEM.

The rates for any new items on substituting the existing item by a modified item

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should be derived strictly in the manner given below by the Regional Manager,
CWC,

(i) As far as possible the rates of a new item of work or part work should be
derived from the existing rate schedule and should be acceptable to the
contractor.
(ii) However, if on any account, it is not possible to derive the rates from the
existing schedule, the rate prevailing in the same port/area or nearby
port/area would be applicable, if the rates are ascertained by the CWC as
reasonable.
(iii) If no such operation or its rates are available even in the near by port/area
market rate should be ascertained by Central Warehousing Corporation and
paid for.
(iv) In case of ODC containers, including those requiring LOW BED TRAILORs
(LBT), the applicable rate shall be decided on case to case basis by the
Regional Manager, CWC,

5. LIABILITY AND INDEMNITY

i) The contractor shall at all times be severally liable and responsible for the
due fulfillment of any and every obligations assumed towards CWC.
ii) The contractor shall at all times indemnify and hold harmless CWC from any
claim, loss, damage, cost and expense which CWC may suffer or be
subjected to as a result of anything done or performed or caused to be
done or performed or omitted to be undertaken by Contractor in regard to
the Premises, the facilities or activities.
The decision of the Regional Manager, CWC, in this regard shall be final and
binding on the contractor.

REGIONAL MANAGER

CENTRAL WAREHOUSING CORPORATION, CHENNAI 600 015

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CENTRAL WAREHOUSING CORPORATION
( ) /(A Govt. of India Undertaking)
REGIONAL OFFICE : CHENNAI-600 015
Phone No. 044 - 22201216/0350 Fax. 22200068.
E-mail: rmmdrs.cwhc@nic.in Website :www.cewacor.nic.in

PRICE BID
(PART-II)

FOR APPOINTMENT OF
Contractor for Handling WORK
AT
CONTAINER FREIGHT STATION
VIRUGAMBAKKAM
(for information purpose only)

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PRICE BID
ANNEXURE I.

RATE QUOTATION
RATES ARE TO BE GIVEN IN FIGURES & WORDS IN ENCLOSED SCHEDULE OF
OPERATIONS EXCLUSIVE OF SERVICE TAX

S.N Brief description of service Rate Remarks


1 2 3 4
A.IMPORT OPERATIONS :
1 Providing road vehicles at Chennai port / 20
(a) Kattupalli port and taking over loaded
containers placed by operators on the vehicles
/ trucks after due inspection satisfying about
the condition of the containers, locks and seals
etc. on the basis of an EIR and on completion of
the required formalities transporting the same
to the CFS, Virugambakkam complex (under
Customs escort wherever necessary) and
stacking the containers atleast upto 3 high in
the designated area at the CFS after
satisfying the CFS authorities about the locks, 40
seals and condition of the containers as stated
in the EIR. The work includes processing of
PNR and related documents. This will apply only
in cases where work order has been issued upto
grounding only. (As mentioned in Clause XXI(1).
1(b) Providing road vehicles at Chennai port/ 20
Kattupalli port and taking over loaded
containers placed by operators on the vehicles
/ trucks after due inspection satisfying about
the condition of the containers, locks and seals
etc. on the basis of an EIR and on completion of
the required formalities transporting the same
to the CFS, Virugambakkam complex and
stacking the containers atleast upto 3 high in
the designated area at the CFS after
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satisfying the CFS authorities about the locks, 40
seals and condition of the containers as stated
in the EIR. The work includes processing of
PNR and related documents. This will apply only
in cases where work order has been issued upto
grounding only. (As mentioned in Clause XXI(1).

2 Providing road vehicles at Chennai port / 20


(a) Kattupalli port and taking over loaded
containers placed by operators on the vehicles
/ trucks after due inspection satisfying about
the condition of the containers, locks and seals
etc. on the basis of an EIR and on completion of
the required formalities transporting the same
to the CFS, Virugambakkam complex destuffing
the container on chassis in the import godown
of CFS in the presence of customs/shipping
lines and under the supervision of CWC 40
officials, following the procedure laid down,
inventorisation of the cargo and stacking the
cargo in the warehouse by using mechanical
equipment wherever required and carrying
empty containers to the container yard or any
other designated area within the CFS complex
and stacking them atleast 3 high. The work
includes processing of PNR and related
documents. (As mentioned in Clause XXI(2)
delinking grounding of container and moving
empty containers to the designated yard
anywhere in Chennai).

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2(b) Providing road vehicles at Chennai port / 20
Kattupalli port and taking over loaded
containers placed by operators on the vehicles
/ trucks after due inspection satisfying about
the condition of the containers, locks and seals
etc. on the basis of an EIR and on completion of
the required formalities transporting the same
to the CFS, Virugambakkam complex
destuffing the container by grounding in the
import godown of the CFS in the presence of
Customs / Shipping lines and under the 40
supervision of CWC officials, following the
procedure laid down, inventorisation of the
cargo and stacking the cargo in the warehouse
by using mechanical equipment wherever
required and carrying empty containers to the
container yard or any other designated area
within the CFS complex and stacking them
atleast 3 high. The work includes processing of
PNR and related documents. (As mentioned in
Clause XXI(2) delinking destuffing on chassis
and moving empty containers to the designated
yard anywhere in Chennai).
2 Providing road vehicles at Chennai port / 20
(c) Kattupalli port and taking over loaded
containers placed by operators on the vehicles
/ trucks after due inspection satisfying about
the condition of the containers, locks and seals
etc. on the basis of an EIR and on completion of
the required formalities transporting the same
to the CFS, Virugambakkam complex ,
destuffing the container on the chassis in the
import godown of the CFS in the presence of

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Customs / Shipping lines and under the 40
supervision of CWC officials, following the
procedure laid down, inventorisation of the
cargo and stacking the cargo in the warehouse
by using mechanical equipment wherever
required and movement of empty containers to
the designated yard located within a radius of
50 kms in Chennai. The work includes
processing of PNR and related documents. (As
mentioned in Clause XXI (2), delinking
grounding).

2 Providing road vehicles at Chennai port / 20


(d) Kattupalli port and taking over loaded
containers placed by operators on the vehicles
/ trucks after due inspection satisfying about
the condition of the containers, locks and seals
etc. on the basis of an EIR and on completion of
the required formalities transporting the same
to the CFS, Virugambakkam complex ,
destuffing the container by grounding in the
import godown of the CFS in the presence of
Customs / Shipping lines and under the 40
supervision of CWC officials, following the
procedure laid down, inventorisation of the
cargo and stacking the cargo in the warehouse
by using mechanical equipment wherever
required and movement of empty containers to
the designated yard located within a radius of
50 kms in Chennai. The work includes
processing of PNR and related documents. (As
mentioned in Clause XXI (2), delinking
destuffing on chassis.

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3 Destuffing of loaded container stacked in the 20
yard by grounding / internal shifting wherever
necessary within the complex for facilitating
custom examination and stuffing the cargo
back into the containers after custom
examination or loading the cargo on to the road
vehicles / trucks or stacking the cargo, in the
import warehouse by using mechanical handling
equipments wherever required, after
invetorisation of cargo in the presence of
custom authorities, shipping lines and under 40
the supervision of CWC officials and stacking
the loaded / empty containers, as the case may
be in the CFS container yard upto three high
(As mentioned in Clause XXI 3).
4 Destuffing of loaded container stacked in the 20
(a) yard by grounding / internal shifting wherever
necessary within the complex in the presence
of custom authorities, shipping lines and under
the supevrision of CWC officials as per laid
down procedures, invetorisation of cargo and
stacking the same in the warehouse (Manually
or by means of mechanical handling equipments)
and carrying the empty containers to the
designated place within CFS complex and
stacking up to three high. (As mentioned in 40
Clause XXI (4) delinking destuffing on chassis).
4 Destuffing of loaded container on chassis in 20
(b) the presence of custom authorities, shipping
lines and under the supervision of CWC
officials as per laid down procedures,
invetorisation of cargo and stacking the same in

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the warehouse (Manually or by means of
mechanical handling equipments) and carrying
the empty containers to the designated place
within CFS complex. and stacking upto 3 high
(As mentioned in Clause XXI (4) delinking
destuffing by grounding of the container. 40

4 Destuffing of loaded container on chassis in 20


(c) the presence of custom authorities, shipping
lines and under the supervision of CWC
officials as per laid down procedures,
invetorisation of cargo and stacking the same in
the warehouse (Manually or by means of
mechanical handling equipments) (As mentioned
in Clause XXI (4) delinking destuffing by 40
grounding, handling and stacking of the empty
container.

4 Providing road vehicles at CFS and retrieval of 20


(d) the loaded container (which may include
transportation within the complex) movement
to theimport warehouse after placing them on
the road vehicles, destuffing the container on
chassis in the presence of customs, shipping
lines and under the supervision of C WC
officials as per laid down procedure,
inventorisation of the cargo and stacking the
same in the warehouse (mannually or by means
of mechanical handling equipments) and 40
carrying the empty containers to the
respective container yards or any other
designated place within the CFS complex and
stacking upto 3 high (As mentioned in clause
XXI(4).

5 Taking out required number of packages out of Per


the stack and presenting them for custom Qtl
examination which would include unpacking and

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repacking by providing additional straps if
necessary, weighment and sealing wherever
needed and placing them back in the stack and
loading the entire consignment into the vehicles
provided at the import warehouse (As
mentioned in Clause XXI (5).
Import Operations for RMS Containers
5 Loading of consignment in to vehicles provided Per
(a) at the import Warehouse(As mentioned in Qtl
clause XXI (5)
5 Taking out required no of packages out of the Per
(b) stack and presenting them for customs Qtl
examination which would include unpacking and
repacking by providing additional straps if
necessary, weighment and sealing wherever
needed and placing them back in the stack As
mentioned in clause XXI (5)
5 Destuffing of loaded container stacked in the 20
(c) yard by grounding / internal shifting wherever
necessary within the complex in the presence
of custom authorities, shipping lines and under
the supevrision of CWC officials as per laid
down procedures, invetorisation of cargo and
loading in to the transport vehicle of the
importer / CHA (Manually or by means of
mechanical handling equipments) and carrying
the empty containers to the designated place
within CFS complex and stacking up to three 40
high. (As mentioned in Clause XXI (4) (a)
delinking destuffing on chassis).
5 Destuffing of loaded container on chassis in 20
(d) the presence of custom authorities, shipping
lines and under the supervision of CWC
officials as per laid down procedures,
invetorisation of cargo and loading in to the
transport vehicle of the importer / CHA

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(Manually or by means of mechanical handling
equipments) and carrying the empty containers
to the designated place within CFS complex.
and stacking upto 3 high (As mentioned in
Clause XXI (4) (b) delinking destuffing by 40
grounding of the container.

5 Destuffing of loaded container on chassis in 20


(e) the presence of custom authorities, shipping
lines and under the supervision of CWC
officials as per laid down procedures,
invetorisation of cargo and loading in to the
transport vehicle of the importer / CHA 40
(Manually or by means of mechanical handling
equipments) (As mentioned in Clause XXI (4)
(a) delinking destuffing by grounding, handling
and stacking of the empty container.

B.EXPORT OPERATIONS :

6 Unloading the cargo from the trucks / vehicles 20


(a) and stacking the cargo in the export warehouse
/ open yard by means of suitable mechancial
equipment or appropriate means after due
inventorisation and taking out the required
number of packages by providing labour or
equipment from the stacks for Customs
examination, which would include unpacking and
repacking by providing suitable additional staps
and weighment and sealing wherever required
and placing them back in the stack, if
necessary, shifting the nominated empty
container from the container yard to the
stuffing area after ensuring thorough cleaning
of the container and stuffing (on chassis or by
grounding) the consignment by using suitable
mechanical equipment or by other means in the

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presence of customs, shipping lines and under 40
the supervision of CWC officials locking and
sealing the containers on completion of the
formalities following the prescribed procedure
and transporting and handing over the
container to the Chennai port authorities,
after satisfying them about the condition of
the container, locks and seals and obtaining
clear EIR
(As mentioned in Clause XXI (6 & 7).
6 Unloading the cargo from the trucks / vehicles 20
(b) and stacking the cargo in the export warehouse
/ open yard by means of suitable mechancial
equipment or appropriate means after due
inventorisation and taking out the required
number of packages from the stacks for
customs examination, which would include
unpacking and repacking by providing additional
straps and weighment and sealing wherever
required and placing them back in the stack,
shifting the nominated empty container from
the container yard after ensuring thorough
cleaning of the container and stuffing the
consignment (on chassis or by grounding) by 40
using suitable mechanical equipment or by other
means in the presence of Customs, shipping
lines and under the supervision of the CWC
officials locking and sealing the containers on
completion of the formalities, loading into road
vehicles by appropriate handling equipments
following the prescribed procedure.(As
mentioned in Clause XXI (6 & 7) delinking
transportation of loaded container)

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6 Unloading the cargo from the trucks / vehicles 20
(c) and stacking the cargo in the export warehouse
/ open yard by means of suitable mechanical
equipment or appropriate means after due
inventorisation and taking out the required
number of packages by providing labour or
equipment from the stacks for customs
examination, which would include unpacking and
repacking by providing suitable additional
straps and weighment and sealing wherever
required and placing them back in the stack,
ensuring thorough cleaning of the container and
stuffing the consignment on chassis by using
suitable mechanical equipment or by other 40
means in the presence of Customs, shipping
lines and under the supervision of the CWC
officials locking and sealing the containers on
completion of the formalities following the
prescribed procedure (As mentioned in Clause
XXI (6 & 7) delinking ground stuffing and
transportation of loaded container).
6 Unloading the cargo from the trucks / vehicles 20
(d) and stacking the cargo in the export warehouse
/ open yard by means of suitable mechancial
equipments or appropriate means after due
inventorisation and taking out the required
number of packages by providing labour or
equipment from the stacks for Customs
examination, which would include unpacking and
repacking by providing suitable additional
straps and weighment and sealing wherever
required and placing them back in the stack,
movement of empty containers from the
designated yard located within the radius of 50 40
Kms in Chennai, stuffing the cargo on chassis or

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by grounding by using suitable mechanical
equipment or by other means in the presence of
Customs, shipping lines and under the
supervision of CWC officials locking and
sealing the containers on completion of the
formalities following the prescribed procedure
and transporting the containert to the
designated port and handing over the container
to the port authorities after satisfying them
about the condition of the container, locks and
seals and obtaining clear (EIR)( As mentioned in
Clause XXI (6) (7) and 10(b)).

6 Unloading / loading the required number of Per


(e) packages from / into road ehicles without Qtl
Customs examination in the case of shut out
and similar cargoes (As mentioned in Clause
XXI(9) )
C.GENERAL
7 Transportation of empty container by providing 20
(a) a suitable road vehicles from Chennai port /
Kattupalli Port to CFS, Virugambakkam (As 40
mentioned in Clause XXI (10) (a)
7 Providing suitable vehicles at designated Per
(b) locations, taking over of empty containers, TEU
transporting the same to the CFS,
Virugambakkam Complex or vice versa (As
mentioned in Clause XXI (10) (b).
Note: This rate will not be applicable for the
transportation between CFS and Port.
Upto 10 km
11 to 20 km
21 to 30 km
31 to 40 km
41 to 50 km TEU

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Every addl. 10 km
8 Shifting of empty / loaded containers from one
location to another location within the CFS
complex at the designated place including
stacking the same atleast 3 high by using Per
appropriate handling equipment (As mentioned TEU
in clause XXI(11).
Empty
Loaded
9 Lift on / Lift off into / from road vehicles of
parties from / to in the CFS complex
Per
(As mentioned in Clause XXI (12)
TEU
Empty
Loaded
10 Movement / shifting of cargo from one location Per
to another location in the same godown Qtl
(As mentioned in Clause XXI (13)
11 Movement / shifting of cargo after de-stacking Per
from one godown to another Qtl
(As mentioned in Clause XXI (14-a).

New
Item Details of operation Amount
No.
1 2 3 4 5
12. To provide closed body trucks with provision
of locking & sealing at CFS, Virugambakkam
to notified points at ICD, CFS,Coimbatore,
Thoothukkudi, Kochi, Puducherry, Vizag,
Hyderabad, Tiruppur, Mumbai/JNP,
Bangalore, Mangalore, Patpargunj/Delhi & Per CBM Per MT
Per CBT
Pune for picking up export / import cargo (1 CBT = 12 CBM) (1 CBT = 9 MT)

respectively including loading of cargoes as


per directions of Officer I/C and
transporting the same to the designated
ICD, CFS locations under Customs seal and
handing over the cargo, obtaining
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acknowledgment / landing certificate and
furnishing the same to the Officer I/C from
loading point / destination. The work includes
processing of related documents (as per
Clause XXI (14-b)
VBM Coimbatore
VBM Tuticorin
VBM Kolkatta
VBM Kochi
VBM Pondicherry
VBM Vizag
VBM Hyderabad
VBM Mumbai / JNP
VBM Bangalore
VBM Patparganj / Delhi

I.No Details of operation Amount Remarks


13 Handling of bonded cargo
Upto 15 kg
16 to 25 kg
26 to 50 kg
51 to 100 kg
Every addl. 50 kg
14 HANDLING OF AIR CARGO
A. Unloading / loading for the cargo from (Rate per
vehicle of other Airports/ Air Cargo quintal)
Complexes / AFSs and stacking inside
designated sheds / locations mechanically
or manually as per requirment [As mentioned
in Clause XXI 21 (a)].
B. Taking out required number of packages from the (Rate per
Vehicle / stack and presenting them for custom quintal)
examination which would include unpacking and
repacking by providing additional straps,
weighment and placing the cargo back into the
Vehicle / stack. [As mentioned in Clause XXI 21
(b)].

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ANNEXURE II
LETTER OF SUBMISSION OF TENDER
To:
The Regional Manager
Central Warehousing Corporation,
Regional Office,
No.4, North Avenue, Srinagar Colony,
Saidapet, Chennai - 600 015.

Sub: Tender for Handling & Transport contract at ___________________


Sir,
1. Subject to the terms & conditions given in the tender document and draft agreement
annexed thereto, I / We hereby tender for undertaking handling & transport contract at
___________________________________ . I / We have thoroughly examined and
understood the instructions to tenderer, terms & conditions of contract given in the
invitation to tender and those contain in the general conditions of the contract and its
schedules and annexures and agreed to abide by them.

2. The following certificate / documents are enclosed.


a) List of documents submitted in the Technical Bid.
b) Proof of EMD, Tender Processing Fee and Form Fee
c) Experience Certificate
d) Certificate from the bankers on financial status and solvency position.
e) Documents regarding constitution of the firm / company.
f) Statement showing the annual gross turnover of the company / firm for last three
years duly certified by the Chartered Accountancy firm.
g) Statement showing the details of equipment owned / possessed on date of submission
of tender.
h) A certificate issued by a Chartered Engineer/Approved Surveyor certifying the
functional efficiency of the equipments and their worthiness for operations and from
safety point of view should be furnished.
i) Power of Attorney (if required).
j) Organizational Structure.
k) Copy of Saral forms for Income Tax Return and copy of PAN Card.
l) Service Tax Registration particulars and Code No.
m) Tender document with all pages intact duly signed by the authorized signatory.
I / We do hereby declare that the entries made in the tender, schedules and the annexures
therein are true.
SIGNATURE & STAMP OF THE TENDERER
E-mail address:
Telephone No:
Fax No.
Details of Bank Account :
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ANNEXURE III

Particulars of equipment / vehicles offered

S. Name of the Year of Engine Chassis Capacity Details of


No. equipment / manufac- No. No. ownership
vehicle turing

Note: Proof of manufacturing year, registration of equipment / vehicles and ownership title
must be enclosed. Wherever these equipment / vehicles are procured under a firm tie-up
with third party, proof of such tie-up with regard to supply of the equipment / vehicles
must also be furnished in addition to the copy of RC book.

SIGNATURE OF THE TENDERER

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ANNEXURE IV

STAMP PAPER OF OF

AGREEMENT

THE CENTRAL WAREHOUSING CORPORAITON having agreed to award the contract of

handling and transport of containers between Container Yard, CHENNAI PORT / KATTUPALLI

PORT / and any extension and, Central Warehousing Corporation, Container Freight Station,

VIRUGAMBAKKAM, 600092 and various allied operations, in response to the submission of

sealed tender by me/us on ____________________ to the Regional Manager, Central

Warehousing Corporation, Regional Office, Chennai I /We ( here enter full name and address of

the contractor )

(________________________________________________________________________

_____________________________) am/are executing this agreement on

_____________________________ and hereby confirm that I/We have thoroughly examined

and understood the terms and conditions of the invitation of tender bearing

no.________________________________, dated ________________ issued by the

Regional Manager, Central Warehousing Corporation, Regional Office, Chennai for appointment

of handling and transport contractor, in respect of handling and transportation of containerized

cargo/containers and other incidental services, etc., and agree to abide by them.

I/We am/are willingly undertaking the said work consequent on the approval of the

tender submitted by me/us to the Regional Manager, Central Warehousing Corporation,

Regional Office, Chennai , the rates specified in the Annexure-I hereto which forms

part of this agreement, and as per terms and conditions of the tender.

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I/We assure the said Corporation that I/We shall undertake the said work to the best

of my/our ability at all stages, during the tenure of the contract. This agreement shall

remain in force for a period of five years from the date of joining of awarded contract

with a provision to further extension up to 1 (one) year on the same rates, terms and

conditions.

CONTRACTOR

CAPACITY IN WHICH SIGNING

WITNESS:-

1.

2.

REGIONAL MANAGER

CENTRAL WAREHOUSING CORPORATION

1.

2.

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ANNEXURE V
Terms for Micro & Small Enterprises

a. Tender Document shall be provided free of cost to Micro & Small enterpreses (MSEs)
b. MSEs registered with the agencies for the items tendered will be exempted from payment
of Earnest Money Deposit (EMD)
c. MSEs who are interested in availing themselves of these benefits and preferential
treatment, will enclose with their offer the proof of their being registered for goods
produced and services rendered with any of the agencies mentioned in the notification of
Ministry of MSME indicated below along with the bid

(i) District industries Centres


(ii) Khadi and Village Industries Commission
(iii) Khadi and Village Industries Board
(iv) Coir Board
(v) National Small Industries Corporation
(vi) Directorate of Handicraft and Handloom
(vii) Any other body specified by Ministry of MSME

d. The MSEs must also indicate the terminal validity date of their registration. Which should be
valid as on last date of submission of tender. MSEs seeking exemption and benefits should
enclose a attested / self certified copy of valid registration certificate, giving details such as
validity, stores / services etc. Failing which they run the risk of their bid being passed over
as ineligible for the benefits applicable to MSEs.
e. The benefit as stated above to MSE, shall be available only for goods / services produced &
provided by MSEs for which they are registered.
f. In case the MSE does not fulfill the criteria at Sr. No. (c), (d) and (e) above, such offers will
not be liable for consideration of benefits detailed in MSE notification of Government of
India dated 23.03.2012 and any other notification issued thereafter.
g. Participating MSEs quoting price within price band of L1+15 percent shall also be allowed to
supply a portion of requirment by bringing down their price to L1 price in a situation where L1
price is from someone other than a Micro and Small Enterprise and such Micro and Small
Enterprise shall be allowed to supply upto 20 percent of total tendered value. In case of more
than one such MSE, the supply willbe shared proportionately (to tendered quantity). However,
for procurement of services or supplies where quantity is not splittable or non-dividable, MSE
quoting price within the price band or L1+15% may be awarded for full / complete supply of
total tendered value.

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ANNEXURE VI
Format of Solvency Certificate
Format 1
No. _________
To
------------------------------------------
----------------------------------------
This is to state to the best of our knowledge and information, Mr. / Ms. / M/s . A
customer of our Bank is respectable and can be treated as good up to a sum of Rs. ..
(Rupees in words ______________________).
It is clarified that this information is furnished without any risk and responsibility on our part in
any respect whatsoever more particularly either as guarantor or otherwise. This certificate is
issued at the specific request of the customer.

Place : For Bank Manager


Date :

OR

Format 2
No.
To
.
..
This is to certify that as per information available, Shri / Smt. / Ms .. is solvent upto
Rs (Rupees ). This certificate is issued without any guarantee or
responsibility on the part of the Bank or any of its employees.

Place : For Bank Manager


Date :

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ANNEXURE VII
Format of Net Worth

A. The Net worth of Mr./Ms./M/s __________ for last Financial Year _____ is Rs. ____

lakhs as per his/her/their books of Accounts.

(Note : Net worth means sum total of paid up share capital plus free reserves. Further

any debit balance of Profit and Loss Account and Misc. Expenses to the extent not adjusted /

or written off, if any, shall be reduced from reserves and surplus.

Signature of Charted Accountant


Name :
Membership No. :
Seal:

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ANNEXURE VIII
COMPLIANCE TO BID REQUIREMENT

We hereby confirm that we have gone through and understood the Tender Document and
our bid complies with the requirements / terms and conditions of the Tender Document and
subsequent addendum / Corrigendum (if any), issued by CWC, without any deviation /
exception / comments / assumptions.

We also confirm that we have quoted the rates without any condition and deviation.

The Tender has been submitted along with the required documents and same have been
uploaded under digital signatures of the authorized signatory. We undertake that the tender
document shall be deemed to be out bid and in the event of award of work to us, the same
shall be considered for constitution of contract agreement. Further, we shall sign and stamp
each page of the Tender Document as token of acceptance and as part of contract in the
event of award of contract to us.

We further confirm that we have quoted our rates in our financial bid as per the
conditions of the Tender Document and for all the items.

Stamp and signature of the bidder : __________________


Name of the bidder : _________________

NOTE : To be stamped and signed by the authorized signatory who is signing the bid and
submitted along with the Technical Bid.

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ANNEXURE IX
AFFIDAVIT
(For Sole Proprietary Firm)

I, _____________________________ R/o ___________________________ do hereby


solemnly affirm and declare as under :-

1. That I am Sole Proprietor of __________ (Sole Proprietor Firm Name)


2. That the office of the firm is situated at _____________________

DEPONENT
Place :
Date :

VERFICATION
Verified that the contents of my above said affidavit are true and correct to the best of my
knowledge and belief and nothing has been concealed there from.

DEPONENT
Place :
Date :

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ANNEXURE X

FORMAT FOR POWER OF ATTORNEY TO AUTHORIZED SIGNATORY


POWER OF ATTORNEY
(To be executed on non-judicial stamp paper of the appropriate value in accordance with relevant
Stamp Act. The stamp paper to be in the name of the firm/company who is issuing the Power of
Attorney).
We, M/s. __________ (name of the firm/ company with address of the registered office)
hereby constitute, appoint and authorize Mr./Ms. _______ (Name and residential address) who
is presently with us and holding the position of ______ and whose signature is given below as out
Attorney to do in our name and our behalf all or any of the acts, deeds or things necessary or
incidental to our bid for the work ____ (name of work), including signing and submission of
application / tender / proposal, participating in the meetings, responding to queries, submission
of information / documents and generally to represent us in all the dealings with CWC or any
other Government Agency or any person, in connection with the works until culmination of the
process of bidding, till the contract agreement is entered into with CWC and thereafter till the
expiry of the Contract Agreement.
We hereby agree to ratify all acts, deeds and things lawfully done by our said Attorney pursuant
to this Power of Attorney and that all acts, deeds and things done by our aforesaid Attorney
shall always be deemed to have been done by us.
(In H&T tenders in the case of Consortium / Joint Venture)
Our firm is a Member/Lead Member of the Consortium of _____, _____and _______.
Dated this the ____ day of _______ 201
(Signature and name of authorized signatory being given Power of Attorney)
________
(Signature and name in block letters of Proprietor / All the partners of the firm / Authorized
Signatory for the Company)(Strike out whichever is not applicable)
Seal of the Proprietorship firm / Partnership firm / Company

Witness 1 :
Name :
Address :
Occupation :

Witness 2 :
Name :
Address :
Occupation :
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Notes :
In case the Firm / Company is a member of a Consortium / JV, the authorized signatory
has to be the one employed by the Lead Member.

The mode of execution of the power of Attorney should be in accordance with the
procedure, if any, laid down by the applicable law and the charter documents of the
executants(s) and when it is so required the same should be under common seal affixed in
accordance with the required procedure.

Power of Attorney is to be attested by Notary.

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ANNEXURE XI
Affidavit
Affidavit of ________ S/o D/o __________, resident of _____________ employed as
______________ with _____________ having office at ________________ Pin ________.
I, the above named deponent do hereby solemnly affirm and state as under:-
1. That I am the authorized representative and signatory of M/s..
2. That the document(s) submitted, as mentioned hereunder, by M/s .. along
with the Tender Document submitted under covering letter no. .. dated
towards Tender No. . For . (Project) has / have been submitted under my
knowledge.
3. That the document(s) submitted, as mentioned above, by M/s along with the
Tender Document towards Tender No. . For . Are authentic, genuine, copies
of their originals and have been issued by the issuing authority mentioned above and no
part of the document(s) is false, forged or fabricated.
4. That no part of this affidavit is false and that this affidavit and the above declaration in
respect of genuineness of the documents has been made having full knowledge of (i) the
provisions of the Indian Penal Code in respect of offences including, but not limited to
those pertaining to criminal breach of trust, cheating and fraud and (ii) provisions of
Tender conditions which entitle the CWC to initiate action in the event of such
declaration turning out to be a misrepresentation or false representation.
5. I depose accordingly.

DEPONENT
VERIFICATION
I, the deponent above named do hereby verify that the factual contents of this
affidavit are true and correct. No part of it is false and nothing material has been concealed
there from.
Verified at .. on this . Day of . 20

DEPONENT
Note : Affidavit is to be attested by notary.

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ANNEXURE-XII

MODEL FORM OF BANK GUARANTEE BOND

In consideration of the Central Warehousing Corporation, New Delhi (hereinafter called the
Corporation) having agreed to exempt M/S.____________________________________ [
hereinafter called the said contractor(s) ] from the demand, under terms and conditions of an
agreement dated ___________ made between ___________________________&
_____________________________________for_________________________________
__ (hereinafter called the said agreement) of Security Deposit for the due fulfillment by the
contractor(s) of the terms and conditions contained in the said agreement on production of bank
guarantee of Rs._____________(Rupees_____________________________________) we,
_________________________ ( hereinafter referred to as the bank ) at the request of
_______________________ [contractor(s)] do hereby undertake to pay the Corporation an
amount not exceeding Rs._____________(Rupees_________________________________)
against any loss or damages caused to or suffered or would be caused to or suffered by the
corporation by reasons of any breach by the said contractor(s) of any of the terms or conditions
contained in the said agreement.

2. We_________________________________( indicate the name of bank ) do


hereby undertaken to pay the amounts due and payable under this guarantee without
any demur, merely on demand from the corporation stating that the amount claimed is
due by way of loss or damage caused to or would be caused to or suffered by the
corporation by reason of breach by the said contractor(s) failure to perform the said
agreement. Any such demand made on the bank shall be conclusive as regards the
amount due and payable by the bank under this guarantee. However, our liability under
this agreement shall be restricted to an amount not exceeding Rs._____________
(Rupees _____________________________________).

3. We undertake to pay to the corporation any money so demanded not withstanding any
dispute or disputes raised by the contractor(s)/supplier(s) in any suit or proceeding
pending before any court or tribunal relating there to our liability under this present
being absolute and unequivocal. The payment so made by us under this bond shall be
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.

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4. We _________________________(indicate the name of 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 that it should
continue to be enforceable till all the dues of the corporation under or by virtue of
the said agreement has been fully paid & its claim satisfied or discharge or till
____________________ corporation certifies that the terms and conditions of the
said agreement have been fully and properly carried out by the said contractor(s) and
accordingly discharges this guarantee. Unless a demand or claim and this guarantee is
made on us in writing on or before________________ we shall be discharged from
all liability under this guarantee thereafter.

5. We ________________________( indicate the name of bank ) further agree with


the corporation that the corporation shall have the fullest liberty without our
consent and without effecting in any manner our obligations hereunder to vary any of
the terms and conditions relating to the said agreement and shall not be relieved
from our liability by reason of any such variation, or extension being granted to said
contractor(s) or for any for forbearance, act or omission on the part of the
corporation any indulgence by the corporation to the said contractor(s) or by any such
matter or thing, whatsoever, which under the law relating to sureties would, but for
this provision, have effect of so relieving us.

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

7. This bank guarantee will remain operative not only for the entire period of the
contract but also for a minimum period of one year even after completion/
termination of the contract or till corporation certifies that the terms and conditions
of the said agreement have been fully & properly carried out by the said
contractor(s), so as to satisfy the claims of the corporation against the contractor, if
any, for the contract to which the guarantee relates.

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8. We ___________________________ (indicate the name of bank) lastly undertake


not to revoke this guarantee during its currency except with the previous consent of
corporation in writing.

Dated the _________________________ day of ____________


For _________________________________________________
( indicate the name of bank )

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ANNEXURE XIII
CHECK POINTS FOR PREPARATION OF BIDS BY THE BIDDERS
Sl. No. Activity Yes/No/NA Remarks
1 a) Have you DEPOSITED EMD for required amount?

2 a) Have you submitted online bid form?


b) Have you enclosed power of attorney in favour of the
signatory?
3 a) Have you enclosed certificate of Registration?
4 a) Is the registration certificate for the equipment /
vehicles available and if yes, have you enclosed the copy
of RC issued by the Licensing Authority?
b) Is the RC valid and if not, have you attached document-
establishing validity of the RC?
5 a) Technical specifications
b) Have you enclosed statement of deviations and
exceptions if any?
6 Have you submitted certificates certifying that the
bidder has not been blacklisted and banned or
debarred?
7 Have you submitted a certificate regarding average
annual turnover duly certified by a Chartered
Accountant?
8 Have you submitted copies of audited financial
statement for the past three years?
9 Have you submitted a write up on your organization?
10 Have you submitted rates in the rate bid schedule?
11 a) Have you confirmed that you agree with all terms &
conditions of the bid documents?
b) Have you kept validity of the offer as per bid
documents?
12 Have you confirmed payment terms, if no, have you
given alternative payment terms, if it is allowed in the
bid document?
13 Have you submitted the certificate of incorporation, if
the bid is a company registered under Companies Act?
14 Have you submitted solvency certificate, copies of

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Income Tax Returns for last three years?
15 Whether the pre-contract integrity pact has been
signed by the bidder?
16 Whether each page of the tender has been signed by
you with seal as a token of proof of having accepted all
terms & conditions?
17 Whether a self-certificate that the bidder is not
blacklisted by any Central/State Govt./PSUs or Local
Govt. Deptt/ Autonomous Body as on the date of
application and is not debarred from participation in
the tender process is enclosed?
18 Whether Letter of commitment from each of the
member company is enclosed?
19 Whether a copy of the Memorandum of association and
articles of association in respect of the tenderer as
well as Lead Member is enclosed?
20 Whether the experience certificate(s) for the three
years is enclosed in original?
21 Whether the Letter of Commitment from
Consortium/Joint Venture Partners is enclosed in
original?
22 Whether Undertaking from the bidder on letter head
for downloading the tender document from
CWC/Tender home website is enclosed in original?
23 Whether police verification report is submitted or an
affidavit in absence of police verification report as
specified in Annexure-VIII is enclosed.
24 Have you enclosed consent letter from owner of
equipments for deploying hired/leased equipment as per
Annexure-IX?
25 Have you enclosed equipment deployment plan as per
Annexure-X?

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ANNEXURE XIV

FORMAT OF THE LETER OF COMMITMENT FROM CONSORTIUM / JOINT VENTURE


PARTNERS

(The Letters of Commitment are to be submitted by each of the Promoters/Affiliates of


the Bidding Party/Company/Member Companies of the Bidding Consortium/Joint Venture
whose strengths are to be considered for calculation)

Date:
Place:

The Regional Manager,


Central Warehousing Corporation,
REGIONAL OFFICE,
No.4 North Avenue,
Srinagar Colony,
Saidapet,
Chennai 15.

Dear Sir,
SUB: Handling & Transport contract at CFS, VIRUGAMBAKKAM, Tamilnadu.
Reg.
This has reference to the Tender being submitted by _______________ (name of the
Lead Member), in respect of the ____________ venture, in response to the tender for
appointment of Handling & Transport contractor at CWC-CFS, VIRUGAMBAKKAM. The
tender document has been downloaded by us on _________________/issued by the
Central Warehousing Corporation on _______________.
We hereby confirm the following:
1. We ________________ (name of the member Company), have examined in detail
and have understood and satisfied ourselves regarding the contents including in
respect of the following:
The Tender document issued by CWC
All subsequent communications between CWC and the Bidder, represented by
_____________ (name of the Lead Member)if any;

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(The MOU signed between/among __________ (name(s) of member
Companies); and
The tender being submitted by __________________________ (name of the
Lead Member).
2. We have satisfied ourselves regarding our role as ______________ (here give a
brief description of the role) in the Contract as specified in the Tender. If
_________________ (name of the Bidder/ Bidding Company /Bidding
Consortium/Joint Venture) is awarded the Contract, we shall perform our role as
outlined in the Tender to the best of our abilities.
The nature of our legal relationship with the Bidder/Bidding Company/Member
Companies of the Bidding Consortium/Joint Venture is specified in the Tender, as
per the requirements stated in the Tender.
3. We shall be jointly and severally liable and responsible for the due and faithful
Implementation of all obligations of the Agreement with CWC.
4. We therefore request CWC to consider our strengths, our experience, and our track
record as specified in the proposal pursuant to the conditions specified in the
Tender, for the purposes of evaluation of the Tender.

For and on behalf of:


Signature:

(Authorized Signatory)
Name of the Person:
Designation:

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ANNEXURE XV

UNDERTAKING TO BE GIVEN BY THE BIDDERS DOWN LOADING TENDER


DOCUMENT FROM CWC WEBSITE ON THE LETTER HEAD OF THE BIDDER.

THE REGIONAL MANAGER


CENTRAL WAREHOUSING CORPORATION,
REGIONAL OFFICE,
CHENNAI 600 015

I/We . the authorized signatory of the

(Name of the Company / Firm / Association / Consortium / Joint Venture) certify that

no addition / modification / alteration has been made in the original document down

loaded from CWC website. If at any stage, any alteration/modification is noticed in

the Original Document by CWC, I/We will abide by the terms and conditions contained

in the original tender document, failing which CWC reserves the right to reject the

tender and / or cancel the contract.

Signature of the authorized signatory.


With seal

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ANNXURE XVI
PRE CONTRACT INTEGRITY PACT
General
This pre-bid/pre-contract Agreement (hereinafter called the Integrity Pact) is made
on.................. day of the month of.....................between on one hand, the Central
Warehousing Corporation (A Govt. of India Undertaking), 4/1, Siri Institutional area,
HauzKhas, New Delhi, acting through Regional Manager, Central Warehousing Corporation
( A Govt. of India Undertaking) (hereinafter called the CORPORATION which
expression shall mean and include, unless the context otherwise requires, his successors
in office and assigns) of the First Part and M/s. ...............................................represented by
Sri..........................................................(Name of the contractor) (hereinafter called BIDDER
which expression shall mean and include unless the context otherwise requires, his
successors and permitted assigns) of the Second Part.
WHEREAS the CORPORATION proposes to appoint Handling and Transport
contractor/Strategic Alliance Management Operator (SAMO) at.......................and the
BIDDER is willing to execute the items of work /Section as per schedule of work , the
work order issued General conditions of the contract of CWC.
WHEREAS the BIDDER is a Private Company / Public Company / Government undertaking
/ Partnership Firm constituted in accordance with the relevant law in he matter and the
corporation is a PSU performing its functions on behalf of the Ministry of Consumer
Affairs, Food and Public Distribution, New Delhi, Govt. of India.
NOW, THEREFORE,
To avoid all forms of corruption by following a system that is fair, transparent and free
from any influence/prejudiced dealings prior to, during and subsequent to the currency
of the contract to be entered into with a view to :-
Enabling the CORPORATION to obtain the desired said work at a competitive price in
conformity with the defined specifications by avoiding the high cost and the
distortionary impact of corruption on public procurement, and
Enabling BIDDER to abstain from bribing or indulging in any corrupt practice in order to
secure the contract by providing assurance to them that their competitors will also
abstain from bribing and other corrupt practices and the CORPORATION will commit to
prevent corruption, in any form, by its officials by following transparent procedures.
The parties hereto hereby agree to enter into this integrity Pact and agree as follows :

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1. Commitments of the Corporation


1.1 The Corporation undertakes that no official of the CORPORATION, connected
directly or indirectly with the contract, will demand, take a promise for or accept,
directly or through intermediaries, any bribe, consideration, gift, reward, favour or any
material or immaterial benefit or any other advantage from the BIDDER, either for
themselves or for any person, organisation or third party related to the contract in
exchange for an advantage in the bidding process, bid evaluation, contracting or
implementation process related to the contact.
1.2 The CORPORATION will, during the pre-contractor stage, treat all BIDDERS alike
and will provide to all BIDDERS the same information and will not provide any such
information to any particular BIDDER which could afford an advantage to that particular
BIDDER in comparison to other BIDDERS.
1.3 All the officials of the CORPORATION will report to the appropriate authority any
attempted or completed breaches of the above commitments as well as any substantial
suspicion of such a breach.

2. In case any such preceding misconduct on the part of such official(s) is reported by
the BIDDER to the CORPORATION with full and verifiable facts and the same is prima
facie found to be correct by the CORPORATION, necessary disciplinary proceedings, or
any other action as deemed fit, including criminal proceedings may be initiated by the
CORPORATION and such a person shall be debarred from further dealings related to
the contract process. In such a case while an enquiry is being conducted by the
CORPORATION the proceedings under the contract would not be stalled.

3. Commitments of BIDDERS
The BIDDER commits itself to take all measures necessary to prevent corrupt practices,
unfair means and illegal activities during any stage of its bid or during any pre-contract
or post- contract stage in order to secure the contract or in furtherance to secure it
and in particular commit itself to the following :-
3.1 The BIDDER will not offer, directly or though intermediaries, any bribe, gift,
consideration, reward, favour, any material or immaterial benefit or other advantage,
commission, fees, brokerage or inducement to any official of the CORPORATION,
connected directly or indirectly with the bidding process, or to any person, organisation
or third party related to the contract in exchange for any advantage in the bidding,

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evaluation, contracting and implementation of the contract.
3.2 The BIDDER further undertakes that it has not given, offered or promised to give,
directly or indirectly any bribe, gift, consideration, reward, favour, any material or
immaterial benefit or other advantage, commission, fees, brokerage or inducement to any
official of the CORPORATION or otherwise in procuring the contrat or forbearing to do
or having done any act in relation to the obtaining or execution of the contract or any
other contract with the CORPORATION for showing or forbearing to show favour or
disfavour to any person in relation to the contract or any other contract with the
CORPORATION.
3.3 The BIDDER, either while presenting the bid or during pre-contract negotiations or
before signing the contract, shall disclose any payments he has made, is committed to or
intends to make to officials of the CORPORATION or their family members, agents,
brokers or any other intermediaries in connection with the contract and the details of
services agreed upon for such payments.
3.4 The BIDDER will not collude with other parties interested in the contract to impair
the transparency, fairness and progress of the bidding process, bid evaluation,
contracting and implementation of the contract.
3.5 The BIDDER will not accept any advantage in exchange for any corrupt practice,
unfair means and illegal activities.
3.6 The BIDDER shall not use improperly, for purposes or competition of personal gain or
pass on to others, any information provided by the CORPORATION as part of the
business relationship, regarding plans, technical proposals and business details, including
information contained in any electronic data carrier. The BIDDER also undertakes to
exercise due and adequate care lest any such information is divulged.
3.7 The BIDDER commits to refrain from giving any complaint directly or through any
other manner without supporting it with full and verifiable facts.
3.8 The BIDDER shall not instigate or cause to instigate any third person to commit any
third person to commit any of the actions mentioned above.
3.9 If the BIDDER or any employee of the BIDDER or any person acting on behalf of the
BIDDER, either directly or indirectly, is a relative of any of the officers of the
CORPORATION, or alternatively, if any relative of an officer of the CORPORATION has
financial interest / stake in the BIDDERs firm, the same shall be disclosed by the
BIDDER at the time of filling of tender. The term relative for this purpose would be as
defined in Section 6 of the Companies Act, 1956.
3.10 The BIDDER shall not lend to or borrow any money from or enter into any monetary

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dealings or transactions, directly or indirectly, with any employee of the
CORPORATION.
4. Previous Transgression
4.1 The BIDDER declares that no previous transgression occurred in the last three years
immediately before signing of this Integrity Pact, with any other company in any country
in respect of any corrupt practices envisaged hereunder or with any Public Sector
Enterprise in India or any Government Department in India that could justify BIDDERs
exclusion from the tender process.
4.2 The BIDDER agrees that if it makes incorrect statement on this subject, BIDDER
can be disqualified from the tender process or the contract, if already awarded, can be
terminated for such reason.
5. Earnest Money (Security Deposit)
5.1 While submitting Technical bid, the BIDDER shall deposit an amount of Rs............... (to
be specified in NIT ) as Earnest Money, with the CORPORATION through any of the
following instruments :
(i) Bank Draft or a Pay Order in favour of Regional Manager, Central Warehousing
Corporation, Regional Office, Chennai .
5.2 Any other mode or through any other instrument (to be specified in the NIT).
5.3 The Earnest Money / Security Deposit and performance guarantee shall be valid for
the period as per the relevant terms & condition of the contract.
5.4 No interest shall be payable by the CORPORATION to the BIDDER or Earnest
Money / Security Deposit / Performance Guarantee for the period of its currency and up
to their validity.
6.Sanctions for Violations.
Any breach of the aforesaid provision by the BIDDER or any one employed by it or acting
on its behalf (whether with or without the knowledge of the BIDDER ) shall entitle the
CORPORATION to take all or any one of the following actions, wherever required :-
(i) To immediately call off the pre-contract negotiations without assigning any reason or
giving any compensation to the BIDDER. However, the proceedings with the other
BIDDER(s) would continue.
(ii) The Earnest Money Deposit (in pre-contract stage) and / or Security Deposit /
Performance Bond (after the contract is signed) shall stand forfeited either fully or
partially, as decided by the CORPORATION and the CORPORATION shall not be
required to assign any reason therefore.
(iii)To immediately cancel the contract, if already signed, without giving any

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compensation to the BIDDER.
(iv)To recover all sums already paid by the CORPORATION , and in case of an Indian
BIDDER with interest thereon at 2% higher than the prevailing Prime Lending Rate of
State Bank of India, while in case of a BIDDER from a country other than India with
interest thereon at 2% higher than the LIBOR . If any outstanding payment is due to the
BIDDER from the CORPORATION in connection with any other contract for any other
stores / work such outstanding payment could also be utilized to recover the aforesaid
sum and interest.
(v) To encash the advance bank guarantee and performance bond/warranty bond, if
furnished by the BIDDER in order to recover the payments, already made by the
CORPORATION, along with interest.
(vi)To cancel all or any other contracts with the BIDDER. The BIDDER shall be liable to
pay compensation for any loss or damage to the CORPORATION resulting from such
cancellation / rescission and the CORPORATION shall be entitled to deduct the amount
so payable from the money(s) due to the BIDDER.
(vii) To debar the BIDDER from participating in future bidding processes of the
CORPORATION FOR A MINIMUM period of five years, which may be further extended
at the discretion of the CORPORATION.
(viii) To recover all sums paid in violation of this Pact by BIDDER(s) to any middleman or
agent or broker with a view to securing the contract.
(ix)In cases where irrevocable letters of Credit have been received in respect of any
contract signed by the CORPORATION with the BIDDER, the same shall not be opened.
(x) Forfeiture of Performance Bond in case of a decision by the CORPORATION to
forfeit the same without assigning any reason for imposing sanction for violation of this
Pact.
6.1 The CORPORATION will be entitled to take all or any of the actions mentioned at
Para 6.1 (i) to (x) of this Pact also on the Commission by the BIDDER or any one employed
by it or acting on its behalf (whether with or without the knowledge of the BIDDER), of
an offence as TENDER defined in Chapter IX of the Indian Penal Code, 1860 or
Prevention of Corruption Act, 1988 or any other statute enacted for prevention of
corruption.
6.2 The decision of the CORPORATION to the effect that a breach of the provisions of
this Pact has been committed by the BIDDER shall be final and conclusive on the
BIDDER. However, the BIDDER can approach the independent Monitor(s) appointed for
the purposes of this Pact.

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Tender No. CWC/RO-CNI/CFS-VBM/2016-17/ Date: 13.08.2016.

7.Fall Clause
7.1 The BIDDER undertakes that it has not supplied / is not supplying similar product /
systems or subsystems at a price lower than that offered in the present bid in
respect of any other Ministry / Department of the Government of India or PSU and
if it is found at any stage that similar product / systems or sub systems was supplied
by the BIDDER to any other Ministry / Department of the Government of India or a
PSU at a lower price, then that very price, with due allowance for elapsed time, will be
applicable to the present case and the difference in the cost would be refunded by
the BIDDER to the CORPORATION, if the contract has already been concluded.
8.Independent Monitor
8.1 The CORPORATION has appointed independent Monitors (hereinafter referred to as
Monitors) for this Pact in consultation with the Central Vigilance Commission Sri P. K.
Gopinath, C-11/64, Bapa Nagar, New Delhi 110003.
8.2 The CORPORATION has appointed Sri Braham Dutt, IAS (Retd.), C-1/30, Pandara
Park, New Delhi 110003 as an Independent Monitor (hereinafter referred to as
Monitor) for this Pact in consultation with the Central Vigilance Commission.
8.3 The task of the Monitor shall be to review independently and objectively, whether
and to what extent the parties comply with the obligations under this Pact.
8.4 The Monitor shall not be subject to instructions by the representatives of the
parties and perform their functions neutrally and independently.
8.5 Both the Parties accept that the monitors have the right to access all the documents
relating to the project / procurement, including minutes of meetings.
8.6 As soon as the Monitor notices, or has reason to believe, a violation of this Pact, he
will so inform the Authority designated by the CORPORATION.
8.7 The BIDDER(s) accepts that the Monitor has the right to access without restriction
to all Project documentation of the CORPORATION INCLUDING THAT PROVIDED BY
THE bidder. The BIDDER will also grant the Monitor, upon his request and demonstration
of a valid interest, unrestricted and unconditional access to his project documentation.
The same is applicable to Subcontractors. The Monitor shall be under contractual
obligation to treat the Information and documents of the BIDDER/Subcontractor(s)
with confidentiality.
8.8 The CORPORATION will provide to the Monitor sufficient information about all
meetings among the parties related to the Project provided such meetings cold have an
impact on the contractual relations between the parties. The parties will offer to the

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Tender No. CWC/RO-CNI/CFS-VBM/2016-17/ Date: 13.08.2016.
Monitor the option to participate in such meetings.
8.9 The Monitor will submit a written report to the designated Authority of
CORPORATION within 8 to 10 weeks from the date of referenced or intimation to him
by the CORPORATION / BIDDER and should the occasion arise, submit proposals for
correcting problematic situations.
9. Facilitation of Investigation
In case of any allegation of violation of any provisions of this Pact or payment of
commission, the CORPORATION or its agencies shall be entitled to examine all the
documents including the Books of Accounts of the BIDDER and the BIDDER shall provide
necessary information and documents in English and shall extend all possible help for the
purpose of such examination.
10 Law and Place of Jurisdiction
This Pact is subject to Indian Law. The Place of performance and jurisdiction is the seat
of the CORPORATION.
11.Other Legal Actions
The actions stipulated in this integrity Pact are without prejudice to any other legal
action that may follow in accordance with the provisions of he extant law in force
relating to any civil or criminal proceedings.
12.Validity
12.1 The validity of this Integrity Pact shall be from date of its signing and extend upto
5 years or the complete execution of the contract to the satisfaction of both the
CORPORATION and the BIDDER / Seller, including warranty period, whichever is later.
In case BIDDER is unsuccessful, this integrity Pact shall expire after six months from
the date of the signing of the contract.
12.2 Should one or several provisions of this Pact out to be invalid , the remainder of this
Pact shall remain valid. In this case, the parties will strive to come to an agreement to
their original intentions.
13.The parties hereby sign this Integrity Pact at.............................on.............................
CORPORATION

BIDDER Name of the Officer with designation


Name of person

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Tender No. CWC/RO-CNI/CFS-VBM/2016-17/ Date: 13.08.2016.
ANNEXURE-XVII

(AFFIDAVIT ON NON-JUDICIAL STAMP PAPER OF RS ONE HUNDRED VALUE)


NO CRIMINAL OFFENSE AFFIDAVIT OF THE
PROPRIETOR(S)/DIRECTOR(S)/PARTNER(S) OR OWNERS OF THE COMPANY
INCLUDING FIRM/COMPANY/ CONSORTIUM / JOINT VENTURE / SOLE
PROPRIETARY FIRM/PARTNERSHIP FIRM CONFIRMING THAT NO CRIMINAL
CASES ARE PENDING AGAINST THEM

I Mr/Ms. XXXXX son/daughter of YYYYYYYYY, INDIAN and residing at (FULL


ADDRESS inc city, state, pin code) do hereby solemnly affirm and sincerely state as
follows:-

I SAY THAT I/We wish to participate in the open tender enquiry of Central
Warehousing Corporation for an appointment of contractor for Handling &
Transportwork at CFS-VIRUGAMBAKKAM as per the terms and conditions of the
Tender Enquiry No.TENDER Tender No. CWC/RO-CNI/CFS-VBM/2016-17/ Date:
13.08.2016.

I declare that there is no CRIMINAL OFFENCE REGISTERED/ PENDING against me in the


Court of Law.

I say that The penalty as imposed by CWC will be accepted to me in case, the particulars
declared herein are found contrary later on.

I further undertake to submit the police verification report within 30 days of award of the
contract by CWC. (In case of contract is awarded to me or the company I represent)

(Bidders signature and seal with designation)


DEPONENT

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Tender No. CWC/RO-CNI/CFS-VBM/2016-17/ Date: 13.08.2016.

VERIFICATION

I Shri.. ages about..years, Designation.. the

PROPRIETOR(S)/DIRECTOR(S)/PARTNER(S) OR OWNERS OF THE COMPANY

INCLUDING FIRM/COMPANY/ CONSORTIUM / JOINT VENTURE / SOLE

PROPRIETARY FIRM/PARTNERSHIP FIRM beg to state on solemn affirmation that the

particulars furnished by me in forgoing paragraphs is true and correct and that I

have not concealed or misrepresented any facts.

(Bidders signature and seal with designation)


DEPONENT
(Notarys sign)
Solemnly affirmed and signed before me

at ***** (place) on **** (date)

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Tender No. CWC/RO-CNI/CFS-VBM/2016-17/ Date: 13.08.2016.

ANNEXURE- XVIII

CONSENT LETTER (FROM OWNERS OF HIRED EQUIPMENT ON THEIR LETTER HEAD)

I / We, -------------------- being the proprietor / partner/ director of ---------------


(Proprietorship / partnership firm/company) being the owner of the equipments as per
details given below desires to hire out the following equipments to M/s. -------------------
-------------- Who is bidding for the tender for ----------------------------------------------
----------------- floated by CWC.

S.N. Equipment/Vehicle Registration Nos. *Make/Model No.

The equipments / vehicles mentioned above shall be hired out by us to M/s. ---------------
(tenderer) for the entire duration of the contract, (contract period of 5 years,
extended period of one year OR 180 days as the case may be) starting from the date of
commencement of the contract, (if awarded by CWC to the party) .

a. We have no objection to the equipment / vehicles being utilized for handling /


transportation activities in CWC terminal at VIRUGAMBAKKAM as per instructions of
CWC.

b. I / We hereby agree and undertake that the equipments as offered above will not be
withdrawn for the duration as indicated in para (b) above.

Sd/-
Name of authorized signatory
Signature
Seal of the firm

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Tender No. CWC/RO-CNI/CFS-VBM/2016-17/ Date: 13.08.2016.

ANNEXURE XIX
DEPLOYMENT PLAN FOR EQUIPMENT AT CFS VIRUGAMBAKKAM

In response to your Tender Notice No.----------------dated ---------inviting offers for----


---terminal handling of containers contract at CFS VIRUGAMBAKKAM Terminal, I/We -
-----------------(name of the firm/company) propose to deploy the equipments / vehicles
asked for in the tender as under:

I . Owned Equipment/vehicles proposed to be deployed on date of commencement of


contract:

S.N Equipment vehicle Nos. Name of the


owner

II. Owned equipment proposed to be deployed within 180 days of the commencement of
the contract.

S.N Equipment vehicle Nos. Name of the


owner

III. Hired/Leased Equipment proposed to be deployed during the initial 180 days of
commencement of contract till positioning of owned equipment:

S.N Equipment Nos. Name of the Whether


vehicle owner consent letter is
attached.

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Tender No. CWC/RO-CNI/CFS-VBM/2016-17/ Date: 13.08.2016.

IV. Hired Equipment proposed to be deployed for the entire duration of the contract
(including extended period).

S.N Equipment Nos. Name of the Whether


vehicle owner consent letter is
attached.

i) The equipments mentioned above meet all the specifications of capacity, make,
type, year of manufacture, etc as specified in the tender.

ii) We hereby agree to submit our equipment / vehicles for inspection by CWC
officials prior to commencement of the contract / within the stipulated period
to verify that the equipment / vehicles meet the specified criteria And that
the documents are valid and in order. It is also agreed and understood that in
case of delay in positioning of equipment meeting the requisite criteria within
the stipulated period , penalties would be leviable on us by CWC as stipulated in
tender document.

iii) We hereby agree and undertake that the equipments as offered above will not
be withdrawn for the duration of the contract as agreed to above.

Sd/-
Name of authorized signatory
Signature
Seal of the firm

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Tender No. CWC/RO-CNI/CFS-VBM/2016-17/ Date: 13.08.2016.

ANNEXURE-XX

Proforma of work experience certificate to be produced by the tenderer

S. Name of Nature Contract Product Volume of Total value of Remarks


No the Client of the period handled work work/contract
Customer work/ handled in executed
Served contract MT/TEUs
executed

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