Tender Copy For CHA Contract
Tender Copy For CHA Contract
Subject: Notice Inviting Technical Tenders (NITT) for CHA Services for a Period of One Year.
Sealed tenders in Technical bid system are invited for CHA Services for clearing of our
Import/Export Consignments from Customs Houses/Ports at JNPT/BPT, Airport, For K1 & K8
plants. Technically acceptable CHA against this tender shall be enlisted in our pre-qualified list of
CHAs for pick up material and contract would be finalized by online auction procedure.
Pre-qualification form, eligibility criteria and the tender documents for this purpose are
forwarded herewith. (Ref. Annexure A)
The Technical tenders, along with completed filled, signed & stamped Annexure B, super
scribing “Tender for CHA Services for a period of Two years“should reach our Taloja office on
or before 22-02-2021 before 14:00 hours. Technically eligible CHA’s would be informed and
allowed to participate in the online close bid (As per Annexure C) followed by Reverse auction
to be held on 02-03-2021 at 11 a.m., subject to payment of EMD of Rs.40 Thousands and
submission of declaration as required.
The tenderers’ who do not fulfill all or any of the conditions laid down in the NITT are liable to
be ignored at the sole discretion of DFPCL/STL. DFPCL/STL also reserves the right to reject
any/all the offers without assigning any reason thereof.
Thanking you,
Yours faithfully,
For & on behalf of
Deepak Fertilizers and Petrochemicals
Corpn. Ltd/Smartchem Technologies Limited
(……………………..)
Srikanta Behera
General Manager (Commercial)
Technical Tenders (NITT) for CHA Services for a Period of One Year.
Bids received after the closing date and time will not be considered. DFPCL/STL will, in no way
be responsible for the bids/offers received late for whatsoever reasons.
However, in case of any help / clarification regarding this tender document, you may contact
any one of the following officials:
During the period of this contract, the CHA shall carry out following
services/responsibilities for DFPCL/STL, but scope is not limited to the following:
4.1 Collection of necessary documents from our works at Taloja or any place in Mumbai
referred by us pertaining to our imported cargoes for marine / air.
4.2 To process the documents for advance noting on non-negotiable documents / negotiable
documents.
4.4 Processing documents with Customs, Port Trust Authorities, Octroi, Shipping Agent etc.,
for clearance/approval of imported consignments upon receipt of Non-negotiable /
negotiable documents or Indemnity Bond, which is applicable.
4.5 Co-ordination with CHA, collection of documents from their office, Payment of freight
charges, collection of D.O. etc.
4.6 Assessing the commodity under Correct Tariff Heading, availing of duty benefit, exemption
if any.
4.7 Arranging unloading of cargo from the ship (or barges if applicable) destuffing of LCL / FCL
Containers, ODC Cargo and arranging Customs examination as per procedure for clearing of
cargoes.
4.8 The scope also includes sorting, tracing of cargo whenever required lot inspection and
weighment. as and when and if applicable.
4.11 To send us the daily progress sheet giving the status of clearance.
4.12 Repairs to packages, re-examination of additional packages examination, BPT Gate and
shed opening, P.O escort, lashing and fixing, arranging survey and any other services not
referred to, but required / necessary in order to clear the cargo.
5.1 Charges for the following shall be paid at actual on production of necessary receipt for the
same:
l . Custom duty
2. BPT Charges
3. Octroi Charges
4 Customs / BPT Overtime
5. Crane and Forklift charges
6. General averages
7. Expenses for escorting Bond Cargo
8. Landing charges and Labour railway siding charges
9. Barrage Hire
10. Repairs
11. Packing and Lashing wagon charges
12. Dock measurement fees
13. Lorry and Steamerts freight
14. Transportation charges
15.Shipping Agent charges
16.Labour Charges
17.Survey Fees
18.Stamp Duty Charges
19.Any other charges of direct expenditure payable on our behalf will be reimbursed on
documentary evidence.
SCOPE OF SERVICES:
6.1 Arranging export of Second hand Machinery or parts for repairing reconditioning. refining
etc.
6.2 Collection of necessary documents from our office at Taloja or any place in Mumbai referred
by us pertaining to our export cargo.
6.3 To obtain Bank/ RBI or any other approval required for export.
6.4 To arrange transport from our Works at Taloja or any other place, where export cargo has
been stored to port.
6.7 To arrange for carting export cargo with Shipping Co. and Port.
6.8 Repair of package, weighment, examination at Port Gate and Custom examination and
arranging identification work for reimport after repairs.
6.10 Arranging payment of wharfage, Port charges, Shippers Co., charges or any other charges.
6.12 To forward all related documents immediately after the export consignment left the port.
6.13 Any other formalities which is necessary for export of Second-hand goods for repairs /
reconditioning etc.
8.1 Payment shall be released within 30 days on clearing of the consignment and submission
of your invoice for the scope of services mentioned annexure A. Payment shall be released
by RTGS. Successful CHA agnecy shall provide the requisite details of their Account No.,
Name & Branch code of Bank, Acceptance/request for release of payment by ECS/EFT, to
the Finance Dept.
8.0 INVOICING
8.1 All your invoices for payment to be submitted at our Taloja works along with following
documents.
10.1 The period of contract shall be One (2) years from the date of award of contract.
However, the company may terminate the contract earlier without any notice if in the opinion
of the Company the performance of the CHA is not satisfactory.
10.2 The period of contract may be extended for three (03) months at the sole discretion of
DFPCL/STL.
10.3 The rates quoted shall be firm during the entire period of the contract and no escalation,
whatsoever, on any account would be considered.
11.0. Commencement of work: The CHA shall start his work from April 01, 2021.
No guarantee can be given as to any definite volume of work that will be entrusted to the
CHA at any time or during the period of the contract. The nos. of transaction may
decrease / Increase depending upon the requirement of materials at our Taloja plant and
other factors whatsoever. DFPCL/STL does not guarantee for any minimum quantity &
there shall be no liability whatsoever on DFPCL/STL.
13.0. Conditional Offer: Conditional offers will not be accepted under any circumstances.
14.1-
(a) CHA black listed by DFPCL/STL / Other Public Sector Undertakings / Co-operative
Sector OR CHA de-listed by the above-referred Organizations in the last two years
shall not be considered. (Tenderer has to submit an undertaking as per Annexure
“A”).
(b) Only one Company out of Sister concerns under the same management / group/
proprietor/ partners or having any other common criteria shall be considered for pre-
qualification. (Tenderer has to submit an undertaking as per annexure “B”)
(c) The CHA (s) shall have minimum solvency of Rs.10.00 lakh and latest certificate from
any Nationalized/Scheduled Bank except Rural/Co-operative Bank has to be enclosed
with request.
(g) CHA shall also furnish details as per Annexure-A, along with supporting documents.
14.2 Technically acceptable CHA pre-qualification will be valid for a period of two years,
which will be at the sole discretion of DFPCL/STL. Pre-qualification is no guarantee for
award of contract. Contract will be awarded to the CHAs based on the result of the
online auction.
14.3 Tenderer must satisfy himself completely regarding terms & conditions of the tender,
scope of work and working conditions at the units and get clarification, if any, before
submitting the tender.
14.4 Party shall not refuse to provide any other information, clarifications or documents, if
required by DFPCL/STL during currency of the contract.
The Technical tenders, along with completed filled, signed & stamped Annexure: A & B,
superscribing “Tender (NITT) for CHA Services for a period of Two years” should reach
our Taloja office on or before 22.02.2021 before 14:00 hours.
Envelope No.1: To be superscripted “Tender (NITT) for CHA Services for a Period of
Two Years “and to contain the following documents:
a) Signed copies of complete tender documents. Each copy of
these documents should be signed by CHA in token of
acceptance of our terms and conditions.
b) Duly completed and signed Annexure-'A',’B’,’D’ & 'D', along
with supportive documents.
The acceptable and eligible CHA would be informed and allowed to participate in the
online auction by virtue of fulfillment of the online auction requirements. .
1.2 DECLARATION OF CHA RELATIONS WITH DFPCL/STL EMPLOYEES: Should a CHA have a
relation or in the case of a firm, one or more of its partners a relation or relations employed in
DFPCL/STL or in case of company any of its official or relations employed in DFPCL/STL, the
authority inviting tenders shall be informed in writing of the fact at the time of submission of
the tender. If so, the name, designation, department and Employee Number of such employees
be indicated failing which DFPCL/STL may in its sole discretion reject the tender or rescind the
contract. If any ex- employee(s) of DFPCL/STL is/are employed, with the CHA (s), name,
designation, department and employee number of such employee(s) be indicated and if any ex-
employee(s) of DFPCL/STL is/are employed after acceptance of tender, the said particulars shall
also be intimated immediately in writing to DFPCL/STL from time to time.
1.3 DFPCL/STL reserves the right to accept at its sole and unfettered discretion any of the
tenders or part thereof or to reject any or all of the tenders or split and award work between
more than one CHAs without assigning any reasons whatsoever.
1.4 The CHA(s) shall not be entitled to any claim including any cost, charges, TA/DA expenses
or incidentals for the preparation and submission of this tender even if the Management may
decide to withdraw the “NITT”.
1.5The rates quoted by the CHA shall remain firm till the completion of job/contract period
and during the extended period, if any. No escalation on any other ground shall be allowed.
The CHA(s) may employ such employees as he may think fit, and the employees so
employed shall be the employees of the CHA(s) for all purpose whatsoever and shall not
be deemed to be in the employment of DFPCL/STL for any purpose whatsoever. The
CHA(s) shall abide by all rules, laws and regulations that may be in force from time to time
regarding the employment or conditions of service of the employees. If under any
circumstances whatsoever DFPCL/STL is held liable or responsible in any manner
whatsoever for the default or omission on the part of the CHA in abiding by aforesaid
rules, laws and regulations or held liable or responsible to the employees of the CHA(s) in
respect of any matter whatsoever, DFPCL/STL shall be reimbursed by the CHA(s) for the
same as also any other expenses or costs incurred by DFPCL/STL on any proceedings or
litigations as a result of any claim, demand or act on the part of CHA(s) DFPCL/STL shall be
entitled to claim damages or compensation from the CHA(s) in that event. The DFPCL/STL
reserve its right to deduct the above stated claims/ expenses etc from the dues of the
Freight.
The CHA(s) is liable to take all precautions in respect of his men and materials as per safety
code. In case of any injury or casualty of CHA’s employees during working hours or
outside, the CHA(s) shall be solely responsible and to pay all the compensation/ex-
gratia/aid from his pocket. DFPCL/STL will not be responsible for such compensations at
all, nor shall pay/reimburse any cost to the CHA(s) or his employees. The CHA(s) shall be
liable to DFPCL/STL for any act of commission or omission on his part or on the part of his
employees thereby causing any loss, damage or inconvenience to DFPCL/STL.
The CHA(s) shall indemnify DFPCL/STL and every officer and employee of DFPCL/STL
against all actions, proceedings, claims, demands, costs and expenses whatsoever arising
out of or in connection with matters referred to in relevant clause and against all actions,
proceedings, claims, demands, costs and expenses which may be made against
DFPCL/STL for or in respect of, arising out of any failure by the CHA in the performance
of his obligations under the contract documents.
Should DFPCL/STL have to pay any money in respect of such claims or demands the
aforesaid amount so paid and the cost incurred by DFPCL/STL shall be deducted from the
CHA’s bill or recovered otherwise and CHA shall not be at liberty to dispute or question
the right of the DFPCL/STL to make such payments notwithstanding the same may have
been made without its consent or authority or in law or otherwise to the contrary.
2.03 A CHA(s) at his own risk and cost will make goods, any damage or loss caused to plant
equipment etc during execution of this contract. In this regard decision of officer in
charge is final and binding to the CHA.
The successful CHAs shall not stop the work in case of any dispute(s) unless further
progress of work has been rendered impossible due to nonfulfillment of any reciprocal
promise. Unilateral stoppage of work by the CHA shall be considered as a breach of
contract and DFPCL/STL reserves the right to take such action as it may deem fit keeping
its interest as paramount.
If at any time after acceptance of the tender, DFPCL/STL decide to abandon or reduce the
scope of the works for any reason whatsoever and hence does not require the whole or
any part of the works to be carried out by CHA, DFPCL/STL shall give notice in writing to
the effect to the CHA and the CHA shall have no claim to any payment of compensation
or otherwise whatsoever on account of any profit or advantage which he might have
derived from the execution of the work in full but which he did not derive in
consequence of the foreclosure of the whole or part of the works.
2.07 The time allowed for execution of the work as specified in work order/letter of acceptance
of DFPCL/STL or the extended time in accordance with these condition(s) shall be
essence of the contract. The date of the commencement of work shall be reckoned on
the date on which the LOI is issued or written order to commence the work, whichever is
later. If the CHA commits default in commencing the execution of the work as aforesaid,
the DFPCL/STL shall, without prejudice to any other right or remedy, be at liberty to
forfeit the earnest money/initial security deposit absolutely beside other remedies.
2.08 The successful tenderer shall be required to execute formal agreement with DFPCL/STL
within 10 days on receipt by him the letter of acceptance from DFPCL/STL in respect of
his offer for carrying out the works according to terms and conditions of contract.
3.1 The CHA(s) shall on instruction of the job coordinator immediately remove from the
work any person engaged/ employed thereon who may misbehave or cause any
nuisance or otherwise in the opinion of the officer in charge is not a fit person to be
retained on the work and such person shall not be again employed or allowed on the
works without the prior permission of officer in charge in writing.
3.2 The successful CHAs shall afford all reasonable facilities and cooperation to various other
agencies and CHAs for services not included in the contract, who maybe working on the
site simultaneously so that the entire work can be preceded smoothly and
simultaneously to a successful completion. The CHAs must take all the aforesaid factors
into consideration while quoting the rates for tender and no extra charge will be allowed
on any grounds arising out of or relating to the aforesaid factors.
3.4 As a safeguard against the entry of bad elements into the DFPCL/STL premises, the CHA
should get the antecedents of his representative / employees/labor verified by him
before employing them.
3.5 The CHA(s) shall indemnify DFPCL/STL against any loss/injury while performing duty
whether in station or out of station.
3.6 The CHA(s) shall comply with all central, State laws for the time-being in force.
3.7 Any act on part of the CHA(s) or his employees which will be prejudice to the reputation
of DFPCL/STL, shall constitute grave breach of condition of the contract and shall render
the contract liable for termination within 48 hours notice. In such event, the security
deposit held by DFPCL/STL shall be forfeited without prejudice to any other remedy to
which DFPCL/STL may be entitled.
3.8 The CHA(s) shall not assign or sub let the contract or any part thereof or allow any person
to become interested therein in any manner whatsoever without DFPCL/STL’s written
permission. Any breach of this condition shall entitle the DFPCL/STL to terminate the
contract under clause 10 of these conditions and the CHAs/ CHA shall also be liable for
payment to DFPCL/STL in respect of any loss or damage arising or ensuing from such
cancellation of contract. The permitted sub letting of service by the CHA(s) shall not
absolve the CHA(s) of any responsibility under the contract. In the event, sufficient dues
are not available to reimburse DFPCL/STL for the expenditure incurred by it for the
above; the CHA shall reimburse DFPCL/STL for the same.
3.9 The CHA(s) should ensure that his representative and labour employed by him is
confined to the specified area of work for which the contract has been awarded, it is also
the responsibility of the CHA(s) to ensure that the labour so employed by him does not
have to the other areas of the plants etc.
3.10 Entry gate passes: The CHA(s) shall make necessary arrangements for getting the
entry/exit of his employees and inside/outside the factory/ plant area as per procedure
laid down by DFPCL/STL from time to time.
The Contractor shall be responsible to ensure compliance with all Central and State Laws
as well as the Rules, Regulations, Bye-laws and Orders of the Local Authorities and
Statutory Bodies as may be in force from time to time. The Contractor shall give to the
statutory bodies, local authorities, police and other relevant authorities all such notices
etc. as may be required by law and obtain all requisite Licenses and pay all fees, Duties,
Taxes, charges etc. in connection therewith as may be liable on account of his operations
involved under this Contract.
Contractor should possess CHA License registration in their own name and should have
handled clearance and movement during last three years under the registered license at
JN Port. The CHA License registration at JNPT should be valid for minimum period up to
March 2021.
The Contractor shall make well at his own cost any damage to the property of the
Company or any other body, persons, local authorities etc. due to or arising from his
operations involved under this Contract and the Company shall have the right to recover
the cost of damage from dues payable or Security Deposit of the Contractor.
At the time of taking delivery of the materials, CHA will ensure that the material is
received in good condition and it is properly sealed as per requirement. CHA(s) shall
take all precautions and positive steps that are necessary to ensure the material under
his charge is protected from loss, damage, contamination or deterioration and the same
is delivered safely to the consignee without any shortage. Loss, if any, sustained by
DFPCL/STL due to negligence on your part will be recovered from the CHA.
A period of maximum 01 DAYS will be allowed for delivery of Service. Incase delivery
period is to cross the permissible period (beyond 24 hours) it is CHAs responsibility to
inform DFPCL/STL mentioning the reason. Intimation of Bill of Entry filling should be
given to DFPCL/STL in 1 day advance, so that there should not be delay occur in payment
of customs duties.
In the event of contract, the CHA shall be required to submit security deposit of Rs.1 lac
for the faithful execution of contract along with your technical bid proposal. The security
deposit can be furnished by way of a Bank Guarantee from any nationalized or
scheduled Bank excluding Rural and Cooperative Banks. The Bank Guarantee must be
valid till expiry of the contract plus claim period of three months. No charges are
reimbursable for getting Bank Guarantee. CHA has the option to deposit Security Deposit
in the form of Demand Draft, payable at Mumbai.
Invoicing should be done in the name of DFPCL/STL at the above mentioned address of
the registered office and should be supported by acknowledged copies of relevant
documents. Invoice should clearly indicate your PAN, GST registration number.
Income tax as applicable shall be deducted at source as per the provision of Income Tax
Act of 1961 as applicable from time to time.
Neither CHA(s) nor DFPCL/STL shall be liable for any claim on account of any loss,
damage or compensation, whatsoever , arising out of any failure to carry out the terms
of this contract where such failure is caused due to war, hostilities, revolutions,
epidemics, rebellion, mutiny, civil commotion, fire riots, earthquake, drought, floods,
civil commotion, strike, act of God or due to any restraint or regulations of the State or
Central Govt. or a local authority/authorities provided a notice of such occurrence is
given to other CHA(s) in writing within 3 days of the occurrence of force majeure
conditions, furnishing therewith a documentary evidence supporting the invoking of
force majeure clause. On cessation of force majeure, the CHA (s) invoking force
majeure conditions shall also give documentary evidence thereof to this effect i.e. cause
of force majeure and for the duration of force majeure. In case of force majeure lasting
continuously for a period of two months, both the parties should consult each other
regarding the future execution of the contract. No other cause shall be considered the
cause of force majeure.
A) If the CHA(s):
i) Fails to undertake the job after acceptance of his tender and award of work by
DFPCL/STL or
ii) At any time makes default in proceeding with the work in full or in part with due
diligence and continue to do so after a notice in writing of 14 days from DFPCL/STL
or
vii) Assign, transfer, sublets the contract or any part thereof, otherwise, than if any,
as provided in the contract or
xiii) Shall obtain a contract with DFPCL/STL as a result offering tendering or other non
bona fide methods of competitive tendering or
B) Without prejudice to any other remedy, DFPCL/STL reserves its right to adopt any or
several of the following courses:-
ii) To recover from CHA any loss incurred by DFPCL/STL when the CHA unable to
execute the contract and/or
v) To get the execution of contract for the remaining period at the risk and cost of
the CHA(s) and/or
11.0 ARBITRATION
The Arbitration & Conciliation Act, 1996 or any statutory modification or re-enactment
thereof and the rules made there--under shall govern the Arbitration proceedings.
Arbitration to be conducted as per Rules of Indian Council of Arbitration. Sitting of
arbitration shall be Mumbai.
12.0 JURISDICTION
In the event any matter concerning the implementation, interpretation or rights and
liabilities, determination and for any interim-relief under Arbitration and Conciliation
Act, the Courts at Panvel shall have exclusive Jurisdiction to try or entertain the same.
Srikanta Behera
General Manager (COMMERCIAL)
ALL THE TERMS AND CONDITIONS OF TECHNICAL TENDER DOCUMENT ARE ACCEPTED.
Place :
ANNEXURE -A
14*Copy of Balance Sheet for Last 3 Years or Acknowledged copy of I.T. Returns:
Copy of Purchase Order or Performance Certificate issued by the Organizations served / being
served in support of above to be enclosed.
Date: ____________
ANNEXURE-B
I XXXXX S/o Sh. XXXX aged XX years working as Managing Director / Authorized Signatory
on behalf of M/s XXXXXXX having registered office at XXXXXX
(a) That no other Firm / Sister concern/ Associate belonging to the same group is participating /
submitting this tender.
( b ) That the bidder, their associate, sister concern etc. have not been blacklisted / de-listed or
put on holiday by any Institutional Agency/ Govt. Dept./ Public Sector Undertaking in the last
two years.
In case any information or fact is found untrue or false, I may be disqualified / debarred from
all future dealings with DFPCL/STL.
Annexure C.
Rate:; for Air Consignment
Sr.no Descriptiori Applicable retes
4 Bond Charges
8 Transport Charges
Taxi
Tempo -
Truck
Trailer
10 GST
Annexure D
Rates for Sea Consignment
Sr.n Description Applicable rates
3 Bond Charges
7 Transport Charges
Taxi
Tempo
Truck
Trailer
9 GST