MUMBAI PORT AUTHORITY

ISO 9001-2008 PORT

GENERAL ADMINISTRATION DEPARTMENT

TENDER NO. SECY (LD)-1/2023

________________________________________________________________

Invitation of Single Cover limited tender from Indian Maritime University and Law
Firms empaneled with all Major Ports for examining/advising and drafting various
regulations/rules/bye laws etc. framed under erstwhile Major Port Trusts Act,
1963 vis-a-vis Major Port Authorities Act, 2021.
_______________________________________________________________

GENERAL ADMINISTRATION DEPARTMENT

Legal Division, 6th Floor, Vijay-deep,
S.V. Marg, Ballard Estate,
Mumbai – 400001.
Telephone No. 022-66564063
Website-http://www.mumbaiport.gov.in

Important Note:
Any amendments in this tender including the dates, corrigendum, clarifications, if
any, shall be posted on the website of Mumbai Port Authority. Tenderers are
requested to keep themselves informed of the developments by visiting websites
regularly.

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 MUMBAI PORT AUTHORITY
GENERAL ADMINISTRATION DEPARTMENT

TENDER NO. SECY (LD)-1/2023

Invitation of offline Single Cover limited tender from Indian Maritime University and
Law Firms empaneled with all Major Ports for examining/advising and drafting various
regulations/rules/bye laws etc. framed under erstwhile Major Port Trusts Act, 1963 vis-
a-vis Major Port Authorities Act, 2021.

INDEX
Page
Sr. No. Particulars
Nos.
1 Notice Inviting Tender 3
2 Instructions to Tenderers for Submission of Bids 4
3 General Instructions 4
4 Price Bid 4
5 Extension of Validity of Tender 5
6 Pre-bid Meeting 5
7 MbPA’s Right to Accept or Reject Tender 6
8 Opening of Tenders (Bids) 6
9 Security of the Bid 6
10 Evaluation of Tenders 6
11 Other Conditions 7
12 Board’s Lien 7
13 Penalty for Breach of Contract 7
14 Prohibition Against Unauthorised Dealings and Payments 8
15 Payment Terms 8
16 General Conditions of Contract 9
17 General Provisions 9
Commencement, Completion, Modification and Termination of
18 11
Contract
19 Obligations of the Firms 13
20 Payment to the Successful Firm 15
21 Fairness and Good Faith 15
22 Settlement of Disputes 15
23 Terms of Reference (TOR) 16
24 Assignment 16
25 Scope of Service 16
26 Deliverables 16
27 Period of Engagement 17
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28 Schedule of Payment 17
29 Appendix – I - Application Letter 18
30 Appendix – II - Authorization Letter 19
31 Price Bid 20
32 Annexure I – Schedule of Price Bid 23
33 Annexure II – Undertaking by the Tenderer 24

2
 MUMBAI PORT AUTHORITY
GENERAL ADMINISTRATION DEPARTMENT

TENDER NO. SECY (LD)-1/2023

Invitation of offline Single Cover limited tender from Indian Maritime University and
Law Firms empaneled with all Major Ports for examining/advising and drafting various
regulations/rules/bye laws etc. framed under erstwhile Major Port Trusts Act, 1963 vis-
a-vis Major Port Authorities Act, 2021.

NOTICE INVITING TENDER

(I) Background:

The Board of Mumbai Port Authority is a body corporate incorporated under

the Major Port Authorities Act, 2021 (Hereinafter referred to as “The Board”). The
Board is constituted under Major Port Authorities Act, 2021 and has to carry out
various activities as per provisions of said Act and also under various related statutory
enactments.
The Board intends to Invite Single Cover limited tender from Indian Maritime University
and Law Firms empaneled with all Major Ports for examining/advising and drafting
various regulations/rules/bye laws etc. framed under erstwhile Major Port Trusts Act,
1963 vis-a-vis Major Port Authorities Act, 2021.

(II) Proposal:

Invitation of offline Single Cover limited tender from Indian Maritime University and
Law Firms empaneled with all Major Ports for examining/advising and drafting various
regulations/rules/bye laws etc. framed under erstwhile Major Port Trusts Act, 1963 vis-
a-vis Major Port Authorities Act, 2021 from following.
1) The existing law firms empaneled with Major Ports for more than three years as
on 31.12.2022 and
2) having its office in South Mumbai.
The detailed scope of services to be provided by the Firms is incorporated in the Terms
of Reference (TOR) of the tender document.

(III) Schedule :

1) Publication of Tender: 13.01.2023

2) Pre-bid Meeting : 20.01.2023, at Legal Division, Vijay Deep
3) Submission of Bid : 03.02.2023 upto 03.00 PM
4) Opening of Bid : 03.02.2023 after 03.30 PM
For any clarification / assistance firms / bidders may contact the Chief Law Officer (I/c),
Legal Division, General Administration Department, 6th Floor, Vijaydeep, S. V. Marg,
Ballard Estate, Mumbai- 400 001 on phone No. 022-66564125 or Sr. Law Officer on
phone No.022–66564123 or on Mobile No. 83694874226. Email –
ap.bodke@mumbaiport.gov.in

Chief Law Officer (I/c)

Mumbai Port Authority

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 MUMBAI PORT AUTHORITY
GENERAL ADMINISTRATION DEPARTMENT

TENDER NO. SECY (LD)-1/2023

INSTRUCTIONS TO TENDERERS FOR SUBMISSION OF BIDS

1. GENERAL INSTRUCTIONS
Tenders shall be submitted in the prescribed form in the manner explained below:
1.2 The Tender set will be forwarded to Law Firms from official email of Legal Division.
No editing, addition/ deletion of matter shall be permitted.
1.3 Addendum / amendments / errata, etc. including extension of dates if any will be
informed via email and made available at MbPA website and tenderers are
requested to check and download the same for submission.
1.4 Tenderers to note that MbPA shall not be responsible for late receipt of any bid
document due to delays for whatsoever reason.
1.5 The tenderer shall be deemed to have examined the Instruction to Tenderers,
Conditions of Contract and the Specifications in depth and have acquainted himself
with all the details without fail.
1.6 The deduction towards Income Tax will be made from bills in accordance with the
provisions of the Indian Income Tax Act as amended by the Finance Act, 1972.

2. Price Bid

a. The tenderer shall quote only one/single rate for per regulation/rule/Bye-
Law. The lumpsum price to be quoted for examining per
regulation/rule/Bye Law (Price Bid Form) in sealed cover and drop in
sealed box kept at Legal Division, 6th Floor, Vijaydeep, S V Marg, Ballard
Estate, Mumbai- 400001.

b. The Price Bid Form has been given as a Standard Schedule (excel)
format with the tender document, and the same is to be filled by all the
Tenderers.

c. Rates should be quoted both, in figures and in words against each

separate item shown in the schedule. In case of any discrepancy
between the rates specified in figures and in words the lower rates will
be considered.
d. The rates should be worked out carefully after perusing Conditions of
Contract, Specifications, etc. thoroughly.
e. Erasures or corrections in figures, without tenderer's initial, will render
the tender liable to rejection.

f. If the Price Bid Form is found to be modified by the bidder, the bid will
be rejected.

g. Conditions Governing Schedule Rates

The rates quoted are inclusive of all charges (out-of-pocket expenses,

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 Xerox charges etc.). No extra expenses will be paid other than the
quoted rates.

The bifurcation of the Lumpsum fees quoted in Price bid towards

various stages will be a percentage of the quoted amount as denoted
hereinbelow:

Sr. No. Stages % of Quoted amount

1. Award of the work contract 25%
2. Submission of final draft 50%
Acceptance of the Regulations
25%
3. by MbPA Board

Note: Tenderer is responsible to download Addendums/ Amendments / Errata/

Replies to the queries of the Party etc., if any, issued by MbPA, from the
website before submission of the Tender. Any shortfall in submission of
the said Addendums/ Amendments / Errata along with the downloaded
documents while submitting the Tender may not be considered. For any
details / clarification Legal Division can be contacted at e-mail
ap.bodke@mumbaiport.gov.in

3. EXTENSION OF VALIDITY OF TENDER:

The validity of tender will be 180 days from the date of opening the Financial
Bid. If it becomes necessary, MbPA may request the tenderers, in writing, to
extend validity of tender. The Bidder/Tenderer cannot reject the extension.

4. PRE-BID MEETING: -
4.1 The bidders or his authorized representatives is/are advised to attend a Pre-
Bid meeting .The date and time of pre-bid will be informed to Law Firms.

4.2 The purpose of the meeting will be to clarify issues on tender and to answer
queries on any matter that may be raised at that stage. No queries after the
Pre-Bid meeting will be entertained.

4.3 The tenderers are requested to submit any query in writing so as to reach the
Chief Law Officer (I/c) at the above address before pre-bid meeting.

4.4 The questions raised by tenderers in writing and MbPA’s reply to thereof will
be furnished to all tenderers who have been issued the Tender Documents
and will also be published on MbPA website. Any modification of the Tender
Documents, which may become necessary as a result of the Pre-Bid meeting,
shall be made by the MbPA exclusively through the issuance of an addendum
as well as by publishing same on MbPA website.
4.5 The queries arising out of discussion during pre-bid meeting and confirmed in
writing by the tenderers within three days will also be considered and replied
by MbPA along with already received pre-bid queries.

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4.6 The replies to pre-bid queries will form part of tender.

5. MbPA 'S RIGHT TO ACCEPT OR REJECT TENDER:

5.1 Notwithstanding anything contained in this Tender Document, MbPA reserves
the right to accept or reject any Tender and to annul the tendering process
and reject all Tenders, at any time without any liability or any obligation for
such acceptance, rejection or annulment, without assigning any reasons.
5.2 MbPA reserves the right to reject any Tender if:
(a ) at any time, a material misrepresentation is made or uncovered, or
(b ) the tenderer does not respond promptly and thoroughly to requests for
supplemental information required for the evaluation of the tender.

6. OPENING OF TENDERS (BIDS)

6.1 Tenders will be opened on the dates specified in the Tender Activity Sheet
under Notice Inviting Tender.

6.2 The offers of ineligible Tenderers will not be considered and no correspondence
in this regard will be entertained.

6.3 Tenderers should note that in the event of only single tender offer being
received, the Tendering Authority may extend the bid opening date which will
be communicated vide the notification on MbPA website.

6.4 Even after extending the date of opening of tender, if no additional offers are
received the tender may be re-invited.

6.5 The Administration does not bind itself to accept the lowest tender, the whole
of a tender or any tender. It will not assign any reason for the rejection of any
tender. It further reserves to itself the right to accept any tender in whole or in
part at its option.

7. SCRUTINY OF THE BID

7.1 Preliminary scrutiny shall be made to determine whether bids are complete,
whether the rates have been quoted and whether the documents have been
properly furnished.

7.2 The Tendering Authority may arrange discussions to verify claims made in the
documents submitted. If it is found that the documents submitted by the bidder
are not compatible or if the document supplied by the bidder are found to be
fraudulent or misrepresenting the facts, it shall render the bidder ineligible for
participation in the tender process. The decision of the Tender Committee in
this regard shall be final and binding on the bidder and cannot be challenged.

8. EVALUATION OF TENDERS

The Tender Committee constituted by the Competent Authority shall evaluate

the tenders. Decision of the Committee in evaluation shall be final. During
evaluation of bids, the Tendering Authority may, at its discretion, ask the Bidder
6
 for a clarification of his bid. The request for a clarification and the response shall
be in writing and no change in prices or substance of the bid shall be sought,
offered or permitted.

9. OTHER CONDITIONS

9.1 Any tender containing a conditional clause contrary to requirement or making

stipulations not provided for in this tender or schedule will be summarily
rejected.
9.2 The Administration does not bind itself to accept the lowest tender, the whole
of a tender or any tender. It will not assign any reason for the rejection of any
tender. It further reserves to itself the right to accept any tender in whole or in
part at its option.

9.3 During the scrutiny of tenders received, should the Chief Law Officer (I/c) find
it necessary to seek any clarification, technical or otherwise, the tenderer shall
furnish such clarifications promptly within the time stipulated by MbPA. Failure
to provide the same may result in keeping such tenderer’s bid out of
consideration.

9.4 The lowest bid will be accepted and L2 and L3 will be asked to match the lowest
bid. The letter of award will be issued to the Law Firms those who have
accepted the lowest bid. The assignment will be distributed amongst such
selected Law Firms. MbPA reserves rights to distribute the assignments. The
official communication of acceptance of tenders by the Chief Law Officer (I/c),
General Administration Department, Legal Division, in the form of letter of
acceptance shall constitute a binding contract between tenderer and Mumbai
Port Authority.

Confirmation of receipt: -
The successful bidder shall acknowledge by e-mail / post / courier the receipt
of letter of acceptance and confirm the acceptance of the tender.

9.5 The tenderer shall give an undertaking that they have not made any payment
or illegal gratification to any person/ authority connected with the tender
process. (refer "Undertaking by the Tenderer" of Tender Document).

9.6 The tenderer shall disclose any payments made or proposed to be made to any
intermediaries (agents etc.) in connection with the tender.

10. BOARD'S LIEN

The Board of Mumbai Port Authority shall have a lien on and over all the
documents, information supplied to the Tenderer and documents procured by
the Tenderer during the contract.

11. PENALTY FOR BREACH OF CONTRACT

In case of any breach of this contract on the part of the Tenderer in any manner
whatsoever or in case he become insolvent, the Board shall be at liberty to
determine and put an end to this Agreement nevertheless without prejudice to
the right of the said Board to damages on account of non-fulfilment of the
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 contract.

12. PROHIBITION AGAINST UNAUTHORISED DEALINGS AND PAYMENTS

The Tenderer shall not be directly concerned or in any way deal with any officer,
servant or other person employed by or under the authority of the Board in
arranging for the supply of or in supplying articles or goods hereby contracted
for or otherwise unless by the orders and directions of the said Board or their
Agents duly authorised. Nor shall he either directly or indirectly give or promise
to pay or give permit to be given to any person or persons in any Department
of the Port Authority money or any gratuity fee or reward which might be
considered to have reference to any matter or thing in any way connected with
the performance of this Contract. Nor shall he assign over the present contract
or any part thereof or in any manner allow any other person or persons to
interfere in the management or performance thereof without the special licence
of the said Board or of their Agents duly authorised in writing first had and
obtained thereto.

13. PAYMENT TERMS

13.1 The Firm shall submit the bills in duplicate to MbPA addressed to THE CHIEF
LAW OFFICER (I/C) of MbPA, as per terms of payment and the same will be
paid after due scrutiny.
13.2 The selected Law Firm are required to submit ECS details of its banks accounts
in the format provided by MbPA.
13.3 The deduction towards Income Tax will be made from the bills in accordance
with the provisions of the Indian Income Tax Act as amended by the Finance
Act, 1972.

Chief Law Officer (I/c)

Mumbai Port Authority
*****

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 MUMBAI PORT AUTHORITY
GENERAL ADMINISTRATION DEPARTMENT

TENDER NO. SECY (LD)-1/2023

GENERAL CONDITIONS OF CONTRACT

1.1 General Provisions.

1.1.1 Definitions

Unless the context otherwise requires, the following terms whenever used in
this Contract shall have the following meanings:

(a) "Employer" or “MbPA” means The Board of Mumbai Port Authority, a body
incorporated under the Major Port Authorities Act, 2021, acting through its
Chairperson, Deputy Chairperson or the Secretary or the Chief Law Officer
(I/c) or any other officers so nominated by the Board.

(b) "Applicable Law" means the laws and any other instruments having the
force of law in India, as they may be issued and in force from time to time;

(c) "Contract" means the Contract signed by the Parties, to which these
General Conditions of Contract are attached, together with all the
documents listed in letter of acceptance;

(d) ''Firm / Bidder” means any entity or person that may provide or provides the
Services to the Employer under the Contract.

(e) "Effective Date" means the date on which this Contract comes into force
and effect.

(f) Secretary or the Chief Law Officer (I/c) or any other officers of Mumbai Port
Authority designated to operate the contract.

(g) "GCC" means these General Conditions of Contract;

(h) "Government" means the Government of India;

(i) "Personnel" means persons hired by the Firms as employees and assigned
to the performance of the Services or any part thereof;

(j) "Party" means the Employer or the Firm, as the case may be, and Parties
means both of them;

(k) “Tender” means the Technical Proposal and the Financial Proposal;

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 (l) "Services" means the work to be performed by the Firms pursuant to this
Contract, as described in “Terms of Reference.”

(m) ''Terms of Reference“ means the document included in this Tender

Document which explains the background, objectives, scope of work,
activities, tasks to be performed by the Firm, and expected results and
deliverables of the Assignment / Job, payment schedule, etc.

(n) "Third Party" means any person or entity other than the Government, the
Employer.

(o) "Approved / approval" means the approval in writing.

(p) “LOA” means Letter of Acceptance.

1.1.2 Relations between the Parties.

Nothing contained herein shall be construed as establishing a relation of
master and servant or of agent and principal as between the Employer and
the firm. The firm, subject to this contract, have complete charge of Personnel
performing the Services and shall be fully responsible for the services
performed by them or on their behalf hereunder.

1.1.3 Law Governing the Contract

This Contract, its meaning and interpretation, and the relation between the
Parties shall be governed by the Applicable Law in India.

1.1.4 Language

This Contract shall be executed in the English language, which shall be

binding and controlling language for all matters relating to the meaning or
interpretation of this contract.

1.1.5 Headings

The headings shall not limit, alter or affect the meaning of this Contract.

1.1.6 Notices
Any notice, request or consent required or permitted to be given or made
pursuant to this Contract shall be in writing. Any such notice, request or
consent shall be deemed to have been given or made when delivered in
person to an authorized representative of the party to whom the
communication is addressed, or when sent by registered mail, telex, telegram
or facsimile to such Party at the address given in the proposal document for
issue of proposal document.

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1.1.7 Authorized Representatives

Any action required or permitted to be taken, and any document required or

permitted to be executed, under this Contract by the Employer or the Firm
may be taken or executed by the authorized representative.

1.1.8 Taxes and Duties

The bidder’s offer shall be inclusive of all taxes (except GST) and duties
payable by them. Income Tax and any other statutory taxes to be deducted
at source, if any, will be deducted by the Employer in accordance with the
Income Tax Act and any other Acts in force and in accordance with
instructions issued by the Authorities on this behalf, from time to time.

GST will be paid as per the applicable law.

In case, any new tax is introduced by Indian Government by new legislation,

the same will be extra and will be reimbursed by MbPA on production of proof
of payment. However, before payment of such taxes the successful bidder
shall obtain prior approval of the employer.

1.1.9 Subsequent Legislation

If, after the closing date of bid submission, there is any change in the
applicable Indian laws with respect to taxes and duties which increase or
decrease the cost or expenses incurred by the firm for performing services,
then payment to be made to the firm under this contract shall be increased or
decreased accordingly and the corresponding adjustment shall be made to
the quoted amount specified in accepted offer.

1.1.10 Currency and Payment:

(a) The charges for carrying out the Services shall be expressed in Indian
Rupees in price bid and the payment shall also be made in Indian Rupees
by the Employer.

(b) The Payment to the firm in respect of Services shall be made by the
Employer in accordance with the Payment Schedule given in Terms of
Reference.

1.2 Commencement, Completion, Modification and Termination of Contract

1.2.1 Effectiveness of Contract
This Contract shall come into force and effect on the date of the receipt of
Employer's letter of acceptance by the firm. This notice shall constitute
agreement between Employer and the firm till formal agreement has been
signed.

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1.2.2 Commencement of Services
The firm shall commence the Services immediately on issue of Letter of
Award by the Employer

1.2.3 The bidder shall quote the lump sum fee in their financial offer i.e. Price Bid
inclusive of all taxes and incidental charges except GST. All the items in the
given formats shall be duly filled in. The incomplete quotations shall not be
considered and shall stand rejected.

1.2.4 Expiration of Contract

Unless terminated earlier, this Contract shall expire when services have been
completed and confirmed by the Employer. After early termination/ completion
of the contract period including extension thereto, the pending matters may
be entrusted to the firm at the discretion of MbPA.

1.2.5 Amendment to Agreement

Modification of the terms and conditions of this Contract, including any

modification to the scope of the Services included in TOR, shall be as per
mutual agreement.

1.2.6 Termination
1.2.6.1 Either party may terminate the contract by giving 15 days’ notice to other
party.

1.2.6.2 Cessation of Services

Upon termination of this Contract by notice of either Party to the other

Condition hereof, the Firm shall, immediately upon dispatch or receipt of such
notice, take all necessary steps to bring the Services to a close in a prompt
and orderly manner and shall make every reasonable effort to keep
expenditures for this purpose to a minimum. With respect to documents
prepared by the firm and equipment and documents furnished by the
Employer, the firm shall proceed as provided in the forgoing provisions.

1.2.6.3 Payment upon Termination

Upon termination of this Contract, the Employer shall make the payments to
the firm for Services satisfactorily performed prior to the effective date of
termination; after offsetting against these payments any amount that may be
due from the firm

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1.3. Obligations of the Firms

1.3.1 General

1.3.1.1 Standard of Performance

The firm shall perform the Services and carry out their obligations hereunder
with all due diligence, efficiency and economy, in accordance with generally
accepted professional techniques and practices. The firm shall always act, in
respect of any matter relating to this Contract or to the Services, as faithful
advisers to the Employer, and shall at all times support and safeguard the
Employer's legitimate interest in any dealings Third Parties.

1.3.1.2 Law Governing Services

The Firm shall perform the Services in accordance with the Applicable Indian
Laws and shall take all practicable steps to ensure that the Personnel and
agents of the Firm, comply with the Applicable Indian Laws.

1.3.2 Conflict of Interests

1.3.2.1 Firm not to Benefit from Commissions, Discounts etc.

The remuneration of the Firm shall constitute the firms sole remuneration in
connection with this Contract or the Services and, the Firm shall not accept
for their own benefit any trade commission, discount or similar payment in
connection with activities pursuant to this Contract or to the Services or in the
discharge of their obligations hereunder, and the Firm shall use their best
efforts to ensure that the Personnel and agents of either of them, similarly
shall not receive any such additional remuneration.

1.3.2.2 Firm and Affiliates not to engage in certain Activities

The Firm agree that, during the term of this Contract and after its termination,
the Firm and any entity affiliated with the Firm or shall be disqualified from
providing any documents, information and other materials (other than the
Services and any continuation thereof) for any assignment resulting from or
closely related to the Services.

1.3.2.3 Prohibition of Conflicting Activities:

The firm or the Personnel of them shall not engage, either directly or indirectly,
in any of the following activities:

(a) during the term of this Contract, any business or professional activities in India
which would conflict with the activities assigned to them under this Contract;
and
(b) after the expiration (unless the Contract is extended as per provisions
contained herein)/termination of this Contract for a period of two (2) years,
13
 appearance against the Employer in any matter before any forum, tribunal,
judicial and quasi-judicial authority, court in which the Employer is a party
and/or in any matter in which the Employer is not a party but which will
prejudicially affect the interest of the Employer and such other activities
objectionable to Employer including giving written opinions.

1.3.3 Confidentiality
The Firm and the Personnel of them shall not, either during the term or after
the expiration/termination of this Contract, disclose to any person unless
specifically required under Applicable Law and with prior written consent from
the Employer, any proprietary or confidential information relating to the
assignments, the Services, this Contract or the Employer's business or
operations without the prior written consent of the Employer. Intellectual
property in any firm involved in the process of rendering services under scope
of work, would belong to MbPA and the firm will have no claim thereon after
expiration/termination of the contract.

1.3.4 Indemnifications: -
The Firm will indemnify, defend and hold harmless and keep the Board, both
during and after the term of this Contract, fully and effectively indemnified
against all losses, damage, injuries, expenses, actions, proceedings, demands,
costs and claims, including, but not limited to, legal fees and expenses, suffered
by MbPA or any Third Party, where such loss, damage, injury is the result of a
wrongful action, negligence or breach of Contract by the Firm, or the Firm's
Personnel, including the use or violation of any copyright work or literary
property or patented invention, article or appliance.

1.3.5 Documents Prepared by the Firm to be the Property of Employer

All specifications, conveyances, designs, reports correspondence and other

documents prepared by the firm in performing the Services shall become and
remain the property of the Employer, and the firm shall, not later than upon
termination or expiration of this Contract, deliver all such documents to the
Employer, together with a detailed inventory thereof. The firm shall not use
these documents for purposes unrelated to this Contract without the prior
written approval of the Employer.

1.3.6 Equipment and Materials Furnished by the Employer

Equipment and materials made available to the firm by the Employer, or

purchased by the firm with funds provided by the Employer separately, shall
be the property of the Employer and shall be marked accordingly. Upon
termination or expiration of this Contract, the firm shall make available to the
Employer an inventory of such equipment and materials and shall hand over
such equipment and materials to the Employer.

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1.4 Payments to the successful Firm

a) The Firm shall submit the bills in duplicate to MbPA addressed to THE
CHIEF LAW OFFICER (I/C) of MbPA, for the month as per terms of
payment of Letter of Acceptance.
b) All payments would be claimed by the Firm from MbPA after being due, and
would be accepted for payment by THE CHIEF LAW OFFICER (I/C) of
MbPA, as per the terms and conditions and based on satisfactory progress
and quality of the work in his sole discretion.

c) The payments would be settled within reasonable time period from the date
of submission of the bills.
d) The price quoted would be inclusive of all taxes and duties etc. as may be
applicable. No escalation for any reason whatsoever shall be allowed over
and above the price quoted during the Engagement Period.
e) Income tax at source will be deducted by the MbPA as per the applicable
Law and regulation and TDS certificate shall be issued to the Firm by the
Board.
f) The empaneled firm is required to submit ECS details of its Banks accounts
in the format, to be supplied by this office, for receiving payments from
employer by electronic clearance.
1.5. Fairness and Good Faith:
1.5.1 Good Faith:
The Parties undertake to act in good faith with respect to each other’s right
under this Contract and to adopt all reasonable measures to ensure the
realization of the objectives of this Contract.

1.6. Settlement of Disputes

1.6.1. Amicable Settlement

The Parties shall use their best efforts to settle amicably all disputes arising
out of or in connection with this Contract or the interpretation thereof.
1.6.2 Settlement through a Committee

Any dispute between the Parties, matters arising pursuant to this Contract
which cannot be settled amicably will be decided by the Committee
constituted by the Chairman of the MbPA.

15
 MUMBAI PORT AUTHORITY
GENERAL ADMINISTRATION DEPARTMENT

TENDER NO. SECY (LD)-1/2023

Terms of Reference (TOR)

1. ASSIGNMENT

1.1 BACKGROUND

The Board of Mumbai Port Authority is a body corporate incorporated under the
Major Port Authorities Act, 2021 (Hereinafter referred to as “The Board”). The Board
is constituted under Major Port Authorities Act, 2021 and has to carry out various
activities as per provisions of said Act and also under various related statutory
enactments.
The Board intends to Invite Single Cover limited tender from Indian Maritime University
and Law Firms empaneled with all Major Ports for examining/advising and drafting
various regulations/rules/bye laws etc. framed under erstwhile Major Port Trusts Act,
1963 vis-a-vis Major Port Authorities Act, 2021.

1.2 SCOPE OF SERVICE:

The scope of work for the Legal Firm will be as follows:

A. GENERAL SCOPE -

1. Analyse the various regulations/rules/bye laws etc. framed under Major

Port Trust Act, 1963.
2. Analyse the requirement of regulations to be framed under Major Port
Authorities Act, 2021.
3. To discuss/deliberate and ascertain the requirement of the
regulations/rules/Bye laws etc. with respective Head of
Department/Division its requirement under MPA Act, 2021 and existing
guidelines issued by various regulating agencies.

4. To suggest modifications/additions/alterations/deletions and drafting of

required provisions in present regulations/rules/bye-laws and drafting
New regulation vis-à-vis provisions in MPA Act and any other Law time
being in force after due consultation with Head of various
Department/Division.

1.3 DELIVERABLES :

1. To recommend with justification any modifications/repeal of the

regulations/rules/Bye laws etc. after due discussion with Head of
16
 respective Department/Division.

2. To draft proposed modified / to be repeal of provisions in present

regulations/rules/bye-laws vis-à-vis provisions in MPA Act and any other
Law time being in force after due consultation with Head of various
Department/Division.

There may be any other deliverables, which are not specifically mentioned
above but may be required for completing the task. The firm shall have to
provide such deliverables, as identified by the Board for the successful
completion of the tasks as per above scope of work to its satisfaction.

1.4 PERIOD OF ENGAGEMENT

The period of engagement would be for a period of three months from the date
of issue of letter of award. The period of engagement can be extended for
further three months at the discretion and requirement of MbPA on one
occasion on the mutual agreement.

1.5 SCHEDULE OF PAYMENT:

The bifurcation of the Lumpsum fees quoted in Price bid towards various
proceedings will be a percentage of the quoted amount as denoted
hereinbelow:

TABLE A

Sr. No. Stages % of Quoted amount

1. Award of the work contract 25%
Submission of final draft modified
2. 50%
regulation/ regulation to be repealed
Acceptance of the modified / to be repealed
25%
3. Regulations by MbPA Board

The payment will be on percentage as indicated hereinabove and is related with

completion of tasks as detailed in the above table.

17
 APPENDIX- I

APPLICATION LETTER

(On the letterhead of the Bidder)

Date:

To,
The Secretary,
Mumbai Port Authority,
Port House, 2nd Floor,
S.V. Marg, Ballard Estate,
Mumbai – 400 001.

Sub: Invitation of Single Cover limited tender from Indian Maritime

University and Law Firms empaneled with all Major Ports for
examining/advising and drafting various regulations/rules/bye
laws etc. framed under erstwhile Major Port Trusts Act, 1963
vis-a-vis Major Port Authorities Act, 2021.
------------
Sir,

Being duly authorized to represent and act on behalf of __________

(hereinafter referred to as “the Bidder”) and having reviewed and fully understood all
of the requirements of the tender document and information provided, the undersigned
hereby bid for the assignment referred above. We confirm the validity of the bid for
180 days from the date of opening of financial bid.

We are enclosing our Financial Bid with the details as per the requirements of
the Tender Documents, for your consideration.

_______________________
Signature
(Authorized Signatory with Seal)

18
 APPENDIX- II

AUTHORISATION LETTER

I _______________ certify that I am ___________________ of the Organization,

organized under the laws of __________________________ and that
_______________________ who signed the above Proposal, is authorized to bind the
organization by authority of its governing body.

Specimen Signature of Signature:

Authorized Signatory:
Full Name:

Address:

(Seal)

19
 MUMBAI PORT AUTHORITY
ISO 9001-2008 PORT

GENERAL ADMINISTRATION DEPARTMENT

TENDER NO. SECY (LD) - 1/2023

________________________________________________________________

Invitation of Single Cover limited tender from Indian Maritime University and Law
Firms empaneled with all Major Ports for examining/advising and drafting various
regulations/rules/bye laws etc. framed under erstwhile Major Port Trusts Act, 1963
vis-a-vis Major Port Authorities Act, 2021.
________________________________________________________________

PRICE BID

GENERAL ADMINISTRATION DEPARTMENT

Legal Division , 6th Floor, Vijay deep,
S.V. Marg, Ballard Estate,
Mumbai – 400001.
Telephone No. 022-66564063
Fax No.022-22616804 / 22625595
Website-http://www.mumbaiport.gov.

20
 PRICE BID
From :
_____________________________
_____________________________
_____________________________
_____________________________

To,
The Chief Law Officer (I/C),
General Administration Department,
Legal Division,
Mumbai Port Authority,
6th Floor, Vijaydeep,
S. V. Marg, Ballard Estate,
Mumbai- 400 001

Sub.:- TENDER NO. SECY(LD)- 1/2023

Invitation of Single Cover limited tender from Indian
Maritime University and Law Firms empaneled with all
Major Ports for examining/advising and drafting various
regulations/rules/bye laws etc. framed under erstwhile
Major Port Trusts Act, 1963 vis-a-vis Major Port
Authorities Act, 2021.
------------

I/We have perused the Tender Document for subject assignment containing
Terms of Reference and other details and am/are willing to undertake and complete
the assignments as per terms and conditions stipulated in the ‘Tender Document’.

Our schedule of rates as required and duly filled in, as per your requirement in
the format under Price Bid (Table A), for entire scope of Services detailed in Terms of
Reference, is annexed herewith. Price offer inclusive of all taxes (excluding GST),
incidentals, overheads, traveling expenses, printing and binding of reports,
expenditure related to presentation, sundries, all other items involving expenditure for
execution of scope of work in “Terms of Reference”.
In case of discrepancy between amount quoted in figures and words, the
amount quoted in words shall prevail.
This offer is valid for a period of 180 days from the date of opening of the
Financial Bid.
I/WE abide by all terms and conditions stipulated in the documents for
completion of the assignment.
I/WE also agree to accept the proceeding –wise, stage-wise and percentage-
wise payments as detailed below:

21
The bifurcation of the Lumpsum fees quoted in Price bid towards various stages will
be a percentage of the quoted amount as denoted hereinbelow:

Sr. No. Stages % of Quoted amount

1. Award of the work contract 25%
2. Submission of final draft modified 50%
3. Acceptance of the Regulations by MbPA Board 25%

The payment will be on percentage of quoted amount and is related with completion
of tasks as detailed in the above table.

Witness's Signature of Authorised person ________

Signature ______________ Name ___________________
Name__________________ Designation_________________________
Address________________ for and on behalf of___________________
______________________________ ___________________________________
______________________________
______________________________ Address_____________________________
_________________________________
Seal of the Company/ Firm

22
 ANNEXURE-I

SCHEDULE OF PRICE BID

Bidder to quote in Rs.(in figure &

Details of Items
words)(rate per regulation )

Invitation of Single Cover limited tender

from Indian Maritime University and Law
Firms empaneled with all Major Ports for
examining/advising and drafting various
regulations/rules/bye laws etc. framed
under erstwhile Major Port Trusts Act,
1963 vis-a-vis Major Port Authorities Act,
2021.

NOTE:

 The fees quoted will be per regulation/lump sum including all expenses
INCLUDING all out of pocket expenses.

Bidder’s signature Signature of Witness

Seal Name:

Stamp Designation:

Address:

23
 ANNEXURE-II
MUMBAI PORT AUTHORITY
GENERAL ADMINISTRATION DEPARTMENT
TENDER NO. SECY (LD)-1/2023

Invitation of Single Cover limited tender from Indian Maritime University and Law Firms
empaneled with all Major Ports for examining/advising and drafting various
regulations/rules/bye laws etc. framed under erstwhile Major Port Trusts Act, 1963 vis-
a-vis Major Port Authorities Act, 2021.

UNDERTAKING BY THE TENDERER

To,
The Board of Mumbai Port Authority

I/We, M/s. ____________________________________________ have gone through

the tender document carefully and hereby confirm as under:

The complete tender set is examined carefully and submitted as per provision of tender
and the same is WITHOUT any defacement, addition or alteration as prescribed and with all
the relevant Appendices and Proforma duly filled in.

I/We have not made any counter stipulation and conditions and I/We agree that in the
event of any such counter conditions my/our tender will be summarily rejected and as such
offer will not be evaluated and considered at all by you.

I/We have hereby declared that, all information furnished by me/us with this tender is
true to best of my/our knowledge, belief and in case, if it is found that, the information furnished
is not true or partially true or incorrect, I/We agree that, my/our tender shall be summarily
rejected without prejudice to the right of The Board of Mumbai Port Authority to take further
action into the matter.

I/We have not been blacklisted by any PSU/Government Organization/ body etc.

I/We have not appeared against MbPA in any Court of Law for last five years ending
on 31.12.2022.

I/We have not made any payment or illegal gratification to any person/authority
connected with the bid process so as to influence the bid process and have not committed any
offence under the Prevention of Corruption Act 1988 in connection with the bid.
Witness’ Tenderer’s
Signature: __________________ Signature: __________________
Name: __________________ Name: __________________
Designation: __________________ Designation: __________________
Address: __________________ Address: __________________
__________________ __________________
Tel. No.: __________________ Tel. No.: __________________
Date: __________________ Date: __________________

24
 MUMBAI PORT AUTHORITY
ISO 9001-2008 PORT

GENERAL ADMINISTRATION DEPARTMENT

TENDER NO. SECY (LD)-1/2023

________________________________________________________________

Invitation of Single Cover limited tender from Indian Maritime University and Law
Firms empaneled with all Major Ports for examining/advising and drafting various
regulations/rules/bye laws etc. framed under erstwhile Major Port Trusts Act,
1963 vis-a-vis Major Port Authorities Act, 2021.

For further details kindly visit our website www.mumbaiport.gov.in

SECRETARY
Mumbai Port Authority

25