Amendments to the RFP Document for Development

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Amendments to the RFP Document for Development of Multipurpose berth to
handle Clean Cargo including containers on Build, Operate & Transfer (BOT)
Basis
Bidders to note that, the following amendments are issued for the RFP Documents.
Amendment: 1 (Appendix 12 of DCA – RFP Vol – III)
Appendix 12 of DCA shall be replaced as follows:
PARADIP PORT TRUST
REFERENCE TARIFF SCHEDULE FOR THE MULTIPURPOSE CARGO BERTH.
CHAPTER 1 – DEFINITIONS & GENERAL TERMS & CONDITIONS
1.1.
DEFINITIONS – GENERAL
(i).
“Coastal vessel” shall mean any vessel exclusively employed in trading between
any port or place in India to any other port or place in India having a valid coastal
license issued by the competent authority.
(ii).
“Foreign-going vessel” shall mean any vessel other than Coastal vessel.
(iii).
“FCL” means Containers said to contain Full Container Load.
(iv).
“LCL” means Containers said to contain Less than full Container Load (Container
having cargo of more than one importer/exporter).
(v).
“Hazardous container” means a Container containing hazardous goods as
classified under IMO.
(vi).
“Import container” means a container discharged from one vessel, stored in
container yard and transported out through Road or Train.
(vii).
“Export container” means a container arrived by road or Train, stored in container
yard and loaded on the assigned vessel.
(viii).
“Port area” means the custom bound area / Port operational Area of the Port.
(ix).
“Normal Container” shall mean general type containers, not falling under special
categories mentioned subsequently.
(x).
“Reefer Container” shall mean a refrigerated container used for carriage of
perishable goods with provision for electrical supply to maintain the desired
temperature.
(xi).
“Hazardous Container” shall mean a container containing hazardous goods as
classified under IMO.
(xii).
“Transshipment Container” shall mean a container, which is discharged from one
vessel, stored in the yard and transported through other vessel.
1.2.
(xiii).
“Over dimensional Container” shall mean a container carrying over dimensional
cargo beyond the normal size of standard container and needing special devices like
slings, shackles, lifting beam etc. They also include damaged containers and other
types which require special devices.
(xiv).
“Shut out Container” shall mean a container which enters into the port as an export
intake for a particular vessel (as indicated by the Vessel Identification Advice
Number, i.e. VIA No.) and is not connected to the particular vessel for reasons
whatsoever, then the container is termed to be a shutout container.
(xv).
“Back to Town Container” shall mean a container entering the port for export but
unable to be exported for whatever reason and taken back to town.”
(xvi).
“VIAN” means Vessel Identification Advise Number.
(xvii).
“Per day” means per calendar day unless otherwise stated.
GENERAL TERMS & CONDITIONS
(i)
(a).
A foreign going vessel of Indian Flag having a General Trading License can
convert to Coastal run on the basis of a Customs Conversion Order.
(b).
A foreign going vessel of Foreign Flag can convert to coastal run on the basis
of a Coastal Voyage License issued by the Director General of Shipping.
(c).
In cases of such conversion, coastal rates shall be chargeable by the load
port from the time the vessel starts loading coastal goods.
(d).
In cases of such conversion coastal rates shall be chargeable only till the
vessel completes coastal cargo discharging operations; immediately
thereafter, foreign going rates shall be chargeable by the discharge ports.
(e).
For dedicated Indian coastal vessels having a Coastal Licence from the
Director General of Shipping, no other document will be required to be
entitled to Coastal rates.
(ii).
The status of the vessel, as borne out by its certification by the Customs or the
Director General of Shipping, shall be the deciding factor for classifying into ‘coastal’
or ‘foreign going’ category for the purpose of levying vessel related charges; and, the
nature of cargo or its origin will not be of any relevance for this purpose.
(iii).
Vessel related charges shall be levied on Ship-owners/Steamer Agents.
(iv).
(a).
The Vessel related charges for all Coastal vessels should not exceed 60% of
the corresponding charges for other vessels.
(b).
The container related charges for all Coastal should not exceed 60% of the
normal container related charges.
(c).
In case of container related charges, the concession is applicable on
composite box rate. Where itemized charges are levied, the concession will
be on all the relevant charges for ship-shore transfer, and transfer from / to
quay to / from storage yard as well as wharfage on cargo and containers.
(v).
(vi).
(d).
For the purpose of this concession, container from a foreign port which
reaches an Indian Port ‘A’ for subsequent transshipment to Indian Port ‘B’ will
also qualify insofar as the charges relevant for its coastal voyage. In other
words, cargo/containers from/to Indian Ports carried by vessels permitted to
undertake coastal voyage will qualify for the concession.
(e).
The charges for coastal containers / vessels shall be denominated and
collected in Indian Rupee.
Interest on delayed payments / refunds:
(a).
The user shall pay penal interest on delayed payments under this Scale of
Rates. Likewise, the operator shall pay penal interest on delayed refunds.
(b).
The rate of penal interest will be 2% above the Prime Lending Rate of State
Bank of India (SBI). The penal interest rate will apply to both the operator and
the port users equally.
(c).
The delay in refunds will be counted only 20 days from the date of completion
of services or on production of all the documents required from the users,
whichever is later.
(d).
The delay in payments by the users will be counted only 10 days after the
date of raising the bills by the operator. This provision shall, however, not
apply to the cases where payment is to be made before availing the services
/ use of Port Trust’s properties as stipulated in the Major Port Trust Act and /
or where payment of charges in advance is prescribed as a condition in this
Scale of Rates.
All charges worked out shall be rounded off to the next higher rupee on the grand
total of each bill.
CHAPTER 2 – CONTAINER RELATED CHARGES
2.1.
GENERAL TERMS AND CONDITIONS:
(i).
A container originally declared as transshipment container, subsequently moved by
rail or road will lose its identity as a transshipment container and shall be treated as a
normal import container and prescribed charges as applicable shall be payable.
(ii).
Containers less than and up to 20’ will be reckoned as one TEU (Twenty Equivalent
Unit) and more than 20’ and up to 40’ will be reckoned as one FEU (Forty Equivalent
Unit) for the purpose of tariff.
(iii).
All charges for containers more than 20' in length and up to 40' in length will be 150
per cent of the applicable charges prescribed.
(iv).
Containers other than that of standard size requiring special devices/slings/handling
will be charged twice the applicable rates. Such containers will also include damaged
containers and any other type requiring special devices.
2.2.
CONTAINER RELATED CHARGES.
The following consolidated charges for handling and movement of container shall be payable
by the Shipping Lines or Agents of vessels or cargo agents for services rendered in respect of
containers and containerized cargo passing through the port.
a.
Normal Containers
Description
Sl.
No.
1
2
From Ship to container yard or vice versa
From container yard to Railway flat or
vice versa (ICD Container Rail only)
From Container yard to Truck or vice versa
(direct delivery and export intake)
3
Reefer Containers
Description
Sl.
No.
1
2
From Ship to container yard or vice versa
From container yard to Railway flat or
vice versa (ICD Container Rail only)
From Container yard to Truck or vice versa
(direct delivery and export intake)
3
Hazardous Containers
Description
Sl.
No.
1
2
From Ship to container yard or vice versa
From container yard to Railway flat or
vice versa (ICD Container Rail only)
From Container yard to Truck or vice versa
(direct delivery and export intake)
3
S.
No.
1
2
3
4
Handling Charges
Transhipment Containers
Description
1 – 3000 TEUs
3001 – 6000 TEUs
6001 – 9000 TEUs
Thereafter.
Rate per TEU (in ` )
Foreign Container
Coastal Container
Loaded
Empty
Loaded
Empty
3755.04
3032.92
2253.03
1819.75
1877.52
1877.52
1877.52
1877.52
577.70
577.70
577.70
577.70
Rate per TEU (in ` )
Foreign Container
Coastal Container
Loaded
Empty
Loaded
Empty
3755.04
3032.92
2253.03
1819.75
1877.52
1877.52
1877.52
1877.52
577.70
577.70
577.70
577.70
Rate in `
Foreign
Coastal
Container
Container
Loaded
Loaded
4694.65
2817.13
2346.48
2346.48
722.12
722.12
Rate per TEU (in ` )
Foreign Container
Coastal Container
Loaded
Empty
Loaded
Empty
4332.74
3755.04
2599.64
2253.03
4043.89
3466.2
2426.33
2079.72
3755.04
3177.34
2253.03
1906.4
3466.2
2888.49
2079.72
1733.1
Notes
(i). Rate is based on total TEUs brought by the Shipping Lines or agents in the same financial
year.
(ii). A container originally declared as transshipment container, subsequently moved by rail or
road will lose its identity as transshipment container and shall be treated as a normal import
container and prescribed charges as applicable shall be payable.
Over Dimensional Cargo Containers
Description
Sl.
No.
1
2
3
From Ship to container yard or vice versa
From container yard to Railway flat or
vice versa (ICD Container Rail only)
From Container yard to Truck or vice versa
(direct delivery and export intake)
Note:
b.
Rate per TEU (in ` )
Foreign Container
Coastal Container
Loaded
Empty
Loaded
Empty
7510.09
6065.83
4506.05
3639.5
3755.04
3755.04
3755.04
3755.04
1155.4
1155.4
1155.4
1155.4
The consolidated charges as above include the following elements, viz. stevedoring,
use of Gantry crane, use of transfer crane, wharfage on tare weight of containers,
wharfage on containerized cargo, transportation and contribution towards railway
infrastructure.
Dwell time charges for container, stored in the port premises:
Sl.
No
1
2
3
Particulars
Non-ICD/ CFS Import – loaded
First 2 days
3-6 days
7-9 days
10-12 days
13-15 days
16-18 days
19-22 days
23-26 days
27-30 days
Thereafter
Non - ICD/ CFS Import - Empty
First 2 days
3-6 days
7-9 days
10-12 days
13-15 days
16-18 days
19-22 days
23-26 days
27-30 days
Thereafter
Non - ICD/ CFS Export - Loaded
First 3 days
4-6 days
7-9 days
10-12 days
13-15 days
16-18 days
19-22 days
23-26 days
Rate per container per day or part thereof (In `)
Upto 20’ in
Over 20’ upto 40’ in
Above 40’ in
length
length
length
Free
459.19
546.23
649.67
772.04
917.11
1091.2
1298.08
1542.81
1835.48
Free
918.37
1092.46
1299.35
1544.08
1834.22
2182.4
2596.17
3085.63
3670.97
Free
1377.56
1638.69
1949.02
2316.11
2751.33
3273.59
3894.25
4628.44
5506.45
Free
459.19
546.23
649.67
772.04
917.11
1091.2
1298.08
1542.81
1835.48
Free
918.37
1092.46
1299.35
1544.08
1834.22
2182.4
2596.17
3085.63
3670.97
Free
1377.56
1638.69
1949.02
2316.11
2751.33
3273.59
3894.25
4628.44
5506.45
Free
459.19
546.23
649.67
772.04
917.11
1091.2
1298.08
Free
918.37
1092.46
1299.35
1544.08
1834.22
2182.4
2596.17
Free
1377.56
1638.69
1949.02
2316.11
2751.33
3273.59
3894.25
Sl.
No
4
5
6
7
8
Particulars
27-30 days
Thereafter
Non - ICD/ CFS Export - Empty
First 3 days
4-6 days
7-9 days
10-12 days
13-15 days
16-18 days
19-22 days
23-26 days
27-30 days
Thereafter
CFS Import loaded - moved by road
First 2 days
3-6 days
7-9 days
10-12 days
13-15 days
16-18 days
19-22 days
23-26 days
27-30 days
Thereafter
CFS Import empty - moved by road
First 2 days
3-6 days
7-9 days
10-12 days
13-15 days
16-18 days
19-22 days
23-26 days
27-30 days
CFS Export loaded - moved by road
First 3 days
4-6 days
7-9 days
10-12 days
13-15 days
16-18 days
19-22 days
23-26 days
27-30 days
CFS Export empty- moved by road
First 3 days
4-6 days
7-9 days
10-12 days
13-15 days
16-18 days
19-22 days
23-26 days
27-30 days
Rate per container per day or part thereof (In `)
Upto 20’ in
Over 20’ upto 40’ in
Above 40’ in
length
length
length
1542.81
3085.63
4628.44
1835.48
3670.97
5506.45
Free
459.19
546.23
649.67
772.04
917.11
1091.2
1298.08
1542.81
1835.48
Free
918.37
1092.46
1299.35
1544.08
1834.22
2182.4
2596.17
3085.63
3670.97
Free
1377.56
1638.69
1949.02
2316.11
2751.33
3273.59
3894.25
4628.44
5506.45
Free
459.19
546.23
649.67
772.04
917.11
1091.2
1298.08
1542.81
1835.48
Free
918.37
1092.46
1299.35
1544.08
1834.22
2182.4
2596.17
3085.63
3670.97
Free
1377.56
1638.69
1949.02
2316.11
2751.33
3273.59
3894.25
4628.44
5506.45
Free
459.19
546.23
649.67
772.04
917.11
1091.2
1298.08
1542.81
Free
918.37
1092.46
1299.35
1544.08
1834.22
2182.4
2596.17
3085.63
Free
1377.56
1638.69
1949.02
2316.11
2751.33
3273.59
3894.25
4628.44
Free
459.19
546.23
649.67
772.04
917.11
1091.2
1298.08
1542.81
Free
918.37
1092.46
1299.35
1544.08
1834.22
2182.4
2596.17
3085.63
Free
1377.56
1638.69
1949.02
2316.11
2751.33
3273.59
3894.25
4628.44
Free
459.19
546.23
649.67
772.04
917.11
1091.2
1298.08
1542.81
Free
918.37
1092.46
1299.35
1544.08
1834.22
2182.4
2596.17
3085.63
Free
1377.56
1638.69
1949.02
2316.11
2751.33
3273.59
3894.25
4628.44
Sl.
No
9
10
11
Rate per container per day or part thereof (In `)
Upto 20’ in
Over 20’ upto 40’ in
Above 40’ in
length
length
length
ICD Import and Export loaded or empty - moved by rail
First 5 days
Free
Free
Free
6-15 days
917.11
1834.22
2751.33
16-30 days
1835.48
3670.97
5506.45
Thereafter
3670.97
7341.93
11012.9
Particulars
Transhipment - Loaded
First 15 days
16-30 days
Thereafter
Transhipment - Empty
First 7 days
8-15 days
Thereafter
Free
1835.48
3670.97
Free
3670.97
7341.93
Free
5506.45
11012.9
Free
1091.2
3670.97
Free
2182.4
7341.93
Free
3273.59
11012.9
Notes:
(i).
The total storage period for a container shall be reckoned from the day following the
day of landing upto the day of shipment/delivery/date of removal of the container and
includes Sundays and Holidays but excludes Custom notified holidays and port nonworking days.
(ii).
Transshipment containers subsequently changing the mode of dispatch locally or to
the container freight station for destuffing/stuffing shall loose the concessional dwell
time as prescribed in Item (4) above. Dwell time charges for such containers shall be
recovered at par with import containers as prescribed in item no. 1 or 2 as applicable.
(iii).
Transshipment containers subsequently changing the mode of dispatch by rail to ICD
shall be treated as other ICD containers for the purpose of levy of Dwell time charges
fees and shall be charged at the rates in item (4) above. In such cases additional
shifting charge will be applicable for movement of container to container yard to ICD
yard.
(iv).
A container from foreign port landing at the container terminal for subsequent
transshipment to an Indian Port on a coastal voyage or vice versa would be charged
at 50% of the transshipment charges prescribed for foreign going vessels and 50% of
that prescribed for coastal category.
(v).
Normal import containers subsequently changing the mode of dispatch by rail to ICD
will enjoy the free period applicable to normal import container only. In such cases
additional shifting charges will be applicable for movement of container from
container yard to ICD yard.
(vi).
The total storage period for a shutout container shall be calculated from the day
following the day when the container has become shutout till the day of Shipment/
delivery.
(vii).
Over high and over dimensional containers shall attract thrice the normal applicable
charges.
(viii).
Hazardous containers shall attract 1.25 times the normal applicable charges.
(ix).
In case of stuffing the containers inside the port, the dwell time charges will be
applicable as follows:
(a).
Prior to stuffing, dwell time charges as applicable to empty containers will be
charged.
(b).
Free period and dwell time charges as applicable to loaded export
containers will be charged from the day following the day of completion of
stuffing and intimation to Port.
(x).
In the case of auction containers, after the auction is over, the empty containers will
attract the dwell time charges as empty containers from the following day the
destuffing is completed.
(xi).
The storage charges shall not accrue for the period during which the Terminal is not
in a position to deliver containers for reasons attributable to it when requested by the
user.
(xii).
The storage charges on abandoned FCL containers/shipper owned containers shall
believe up to the date of receipt of intimation of abandonment in writing or 75 days
from the day of landing of the container, whichever is earlier subject to the following:
(a).
The consignee can issue a letter of abandonment at any time.
(b).
If the consignee chooses not to issue such letter of abandonment, the
container Agent/MLO can also issue abandonment letter subject to the
condition that,
(i).
the Line shall resume custody of container along with cargo and
either take back it or remove it from the port premises; and
(ii).
the line shall pay all port charges accrued on the cargo and
container before resuming custody of the container.
(c).
The container Agent / MLO shall observe the necessary formalities and bear
the cost of transportation and destuffing. In case of their failure to take such
action within the stipulated period, the storage charge on container shall be
continued to be levied till such time all the necessary actions are taken by
the shipping lines for destuffing of cargo.
(d).
Where the container is seized/confiscated by the Custom Authorities and the
same cannot be destuffed within the prescribed time limit of 75 days, the
storage charges will cease to apply from the day the Custom order release
of the cargo subject to lines observing the necessary formalities and bearing
the cost of transportation and de-stuffing. Otherwise, seized/confiscated
containers should be removed by the line/consignee from the port premises
to the Customs bonded area and in that case the storage charge shall cease
to apply from the day of such removal.
c.
Charges for miscellaneous services rendered to the container vessels:
Reefer Monitoring and Connection
Rate in `
Sl.No
Particulars
1
Additional charges per 4 hours or part
thereof for electricity consumption and
monitoring of reefer containers
Foreign going Vessel
Coastal Vessel
Loaded
Empty
Loaded
Empty
281.66
281.66
281.66
281.66
Note: Additional electricity charge at the prescribed rates will be applicable in case of Reefer
Containers also
Other Services Rendered
Sl.
No.
Rate in `
Foreign going
Coastal Vessel
Vessel
Particulars
Loaded
Empty
Loaded
Empty
1
Shifting of containers from one yard to another yard
within the terminal for customs inspection or any other
2432.46
purpose and subsequent loading of containers for
delivery.
2432.46
2432.46
2432.46
2
Additional service charges for stacking containers in
designated yard for custom examination or for any other 286.10
purpose by prior arrangement.
286.10
286.10
286.10
Opening of Hatch Cover and replacing it
Sl.
No.
1
2
Note:
Rate in `
Foreign going Vessel
Loaded
Empty
4225.48
2535.29
1689.94
1013.97
Particulars
When placing it on the Quay
Without placing it on the Quay
If only one operation is carried out, half of the hatch cover handling charges as above shall be
levied.
One Hatch to another Hatch or within the Same Hatch
Sl. No
Description
Foreign going
Rate per TEU (`)
Coastal Foreign going
Coastal
Loaded
Empty
Loaded
Empty
1
Hatch to hatch shifting (involving 1
move only)
1408.3
1408.3
844.98
844.98
2
Other than (a) mentioned above
5633.77
5633.7
7
3380.26
3380.26
CHAPTER 3 – CARGO RELATED CHARGES
The cargo handling charges shall be payable on the manifested cargo directly by the importer of
cargo at the rates specified below:
a.
Handling Charges
Sl.
No.
Commodity
Iron & Steel products
Aluminium Ingots
Pig iron
Finished fertilizers
Food grains
Sugar
1
2
3
4
5
and
Unit
Rate in `
(Foreign)
Rate in `
(Coastal)
Ton
447.25
268.35
Ton
Ton
Ton
Ton
397.32
238.65
238.65
178.89
238.39
143.19
143.19
107.34
Note:
The handling charges prescribed above is a composite charge for (i) unloading of the cargo from the
vessel including stevedoring and transfer of the same up to the point of storage, storage at the stack
yard up to a free period of 5 days and loading on to trucks in respect of import cargo and (ii) unloading
of the cargo from the trucks at the stack yard, storage at the stack yard up to a period of 15 days,
transfer the cargo to the loading point and loading onto the ship including stevedoring. This composite
charge includes wharfage and supply of labour, wherever necessary.
b.
Storage charges after free period:
The storage charges for the cargo stored in the stack yard beyond the free period allowed
shall be as below:
(i).
Import Cargo
(Rate in ` per MT per day)
Sl.
No
1
Commodity
All types of Multipurpose cargo
(ii).
Rate for 6th –
12th day
Rate for 13th -19th
day
Rate for 20th
day onwards
12.62
18.92
25.23
Export cargo
(Rate in ` . per MT per day)
Sl.
No.
1
Commodity
All types of Multipurpose cargo
Rate for
Rate for
Rate for
16th – 22nd day 23rd – 29th day 30th day onwards
12.62
18.92
25.23
Notes:
(i).
Five free days for import cargo and fifteen free days for export cargo shall be allowed.
For the purpose of calculation of free period, Customs notified holidays and
Terminal's non- working days shall be excluded.
(ii).
Storage charges shall be payable for all days including Terminal's non- working days
and Customs notified holidays for stay of cargo beyond the prescribed free days.
(iii).
c.
Storage charge on cargo shall not accrue for the period when the terminal operator is
not in a position to deliver / ship the cargo when requested by the user due to
reasons attributable to the terminal operator.
Miscellaneous charges
Sl. No.
1
Commodity
All types of Multipurpose cargo
Unit
Rate in (`Rs.)
Per Ton
19.63
The miscellaneous charges prescribed above is a composite charge for provision of all
miscellaneous services such as sweeping of cargo on the wharf, weighment of cargo, dust
suppression etc.
CHAPTER 4 - VESSEL RELATED CHARGES.
a.
Berth Hire Charges
Sl.
No
Vessels
1
All Vessels
Rate per GRT per hour or part thereof
Foreign Going Vessel
Coastal Vessel
(in ` )
1.236
(in ` )
0.744
Notes:
(i).
The period of berth hire shall be calculated from the time vessel occupies the berth.
(ii).
Berth hire includes charges for services rendered at the berth, such as occupation of
berth, rubbish removal, cleaning of berths, fire watch, etc.
(iii).
No berth hire shall be levied for the period when the vessel idles at its berth for
continuous one hour or more due to breakdown of terminal operator’s equipment or
power or for any other reasons attributable to the terminal operator.
(iv).
b.
(a).
Berth hire shall stop 4 hours after the time of vessel signaling its readiness to
sail.
(b).
The time limit of 4 hours prescribed for the cessation of berth hire shall
exclude the ship’s waiting time for want of favorable tide conditions,
inclement weather, and due to lack of night navigation.
(c).
The master/ agent of the vessel shall signal readiness to sail only in
accordance with favorable tidal and weather conditions.
Penal Berth Hire Charges
Sl.No
1
2
3
Description
Up to 6 hrs.
above 6 hours but up to 12 hours
Above 12 hrs.
Rate per GRT in `
12.62
18.92
37.85
Notes:
(i).
The Penal berth hire charges as mentioned above shall be levied in addition to berth
hire charges beyond 2 hours.
(ii).
Penal berth hire charges mentioned above shall not be leviable if the idling of vessel
is attributable to the terminal or port or due to adverse tidal conditions or bad weather
and rain resulting in stoppage of operation.
(iii).
(a).
There shall be a time limit beyond which berth hire shall not apply; berth hire
shall stop 4 hours after the time of vessel signaling its readiness to sail. The
time limit of 4 hours prescribed for cessation of berth hire shall exclude the
ship’s waiting period for want of favorable tidal conditions or on account of
inclement weather or due to absence of night navigation facilities.
(b).
There shall be a “penal berth hire” equal to one day’s berth hire charges for a
false signal.
(c).
The Master / Agent of the vessel shall signal readiness to fail only in
accordance with favourable tidal and weather conditions.
(d).
The time limit of 4 hours prescribed for cessation of berth hire shall exclude
the ship’s waiting period for want of favourable tidal conditions.
CHAPTER 5 - GENERAL NOTE
The tariff caps will be indexed to inflation but only to an extent of 60% of the variation in
Wholesale Price Index (WPI) occurring between 1 January 2013 and 1 January of the
relevant year. Such automatic adjustment of tariff caps will be made every year and the
adjusted tariff caps will come into force from 1 April of the relevant year to 31 March of the
following year.
Amendment: 2 (Appendix 15 of DCA– RFP Vol – III)
Appendix 15 of DCA is replaced as follows:
Performance Standards
1. Gross Berth Output
The parameter deals with the productivity of the terminal (Gross Berth Output) for different
types of cargo. In case of dry and break-bulk cargo, the capability of the terminal
(mechanization, method of handling) and parcel size will determine the Gross Berth Output.
Higher terminal capability and greater parcel size will lead to high productivity.
The Gross Berth Output shall be calculated as the total cargo handled (either
loaded/unloaded) from the ship during a month divided by the time spent by the ship at
the terminal number of working days of ships in that month at that terminal. While
determining the number of working days from the ship hours, the berth allowance of 4
hours/day shall be subtracted from the total hours.
In the case of containers the crane rate shall be measured by dividing total number of
TEUs lifted on/off from ships by the elapsed crane time. The elapsed crane time is the
total allocated crane hours less operational and non-operational delays.
The indicative norms for Gross Berth Output for different categories of Clean cargo to be
handled at this berth are as follows:
Cargo Category
Indicative Norms
Container
Gross Berth Output
25 Moves / Crane / hour
Mixed Dry bulk cargo
Iron & Steel products
4000 T/Day
Aluminum Ingots
4000 T/day
Pig Iron
4505 T/Day
Finished Fertilisers
10000 T/day
Food Grains
10000 T/Day
Sugar
7500 T/Day
Weightage in case of a shortfall in meeting the prescribed performance standard will
be 80%.
2. Transit Storage Dwell Time:
(a) Containers:
The Transit Storage Dwell Time for a container shall mean the total time for which the
container remains in the terminal. The Transit Storage Dwell Time for containers shall
be calculated as an average and shall be the sum of the transit storage of each
container handled during the month at that terminal divided by the number of
containers. To further clarify, the date and time a container is discharged from the
vessel till the said container leaves the out - gate of the Terminal, is the total transit
storage time for import box. In case of export the time and date from which the
container enters the terminal till the time and date it is loaded on to a vessel will be
the storage time. The details of time of discharge, gate-in, gate-out and loading need
to be maintained in respect of each container including ICD containers.
Unclaimed cargo or any cargo that has been detained by the customs or any
Government Authority may be excluded.
(c) Break-bulk cargo:
The Transit Storage Dwell Time of Break Bulk cargo shall be calculated in the same
manner as calculated for container in the terminal. The Transit Storage Dwell Time for
Break Bulk Cargo is the sum of time of each unit of cargo that remains in the Port in a
month divided by the number of cargo units handled during that month in the
terminal. To further clarify, the time the break bulk cargo remains in the port will
commence from the date and time of landing till the date and time of exit from the
Port in case of import and for export from the date and time the cargo entered the
Port area till the date and time of the shipment.
Transit Storage Dwell Time
- Import
a)
Containerised cargo (at terminal)
b)
Other Clean Cargo (at stack yard)
2 days
10 days after date of completion of
vessel’s discharging operation
- Export
a)
Containerised cargo (at terminal)
b)
Other Clean Cargo (at stack yard)
4 days
10 days upto commencement of
ship loading operation
Weightage in case of a shortfall in meeting the prescribed performance
standard is 10%
3.
Turn around Time for receipt/delivery operation:
The Turn around Time for receipt/delivery operation shall be the sum of time taken for
loading/unloading of cargo divided by the number of trucks/trailers/rakes deployed, as
the case may be, in a month. Further, in case the truck/trailer/rake does both unloading
and loading operations on a single entry into the terminal, the time allocated shall be
doubled for those trucks/trailers/rakes.
A (i)
A (ii)
B (i)
B (ii)
C (i)
C (ii)
Truck for conventional cargo (Single operation)
Truck for conventional cargo (double operation)
Trailer for container (single operation)
Trailer for container (double operation)
Rake for ICD container (single operation)
Rake for ICD container (double operation)
4 hours
8 hours
2 hours
4 hours
6 hours
12 hours
Weightage in case of a shortfall in meeting the prescribed performance standard will be 10%
Performance Evaluation and calculation of liquidated damages:
Performance evaluation shall be made on a quarterly review of the reports furnished by
the Concessionaire and/or the records of the Concessionaire and/or by an enquiry by the
Concessioning Authority. The Concessionaire shall be liable to pay liquidated damages
determined at the rate of 1% (one per cent) of the Gross Revenue of the respective
quarter for every shortfall of 10% (ten per cent) in the average performance which shall
be assessed in the following manner.
Each Performance Standard is calculated as an average in the manner indicated above. The
actual average performance vis-à-vis a standard will be evaluated against the prescribed
standard. The shortfall will be computed as a percentage of the prescribed standard. The
shortfall in respect of each performance standard will have a weightage assigned to it. The
overall shortfall in average performance shall be assessed as the aggregate of the weighted
shortfalls in respect of each of the performance standards. For example, if there is a
shortfall in Gross Berth Output by x%, Transit Storage Dwell Time by y% and Turn round
time for receipt/delivery operations by z% and the weightage assigned to such shortfalls is
0.7, 0.2 and 0.1 respectively, then the overall shortfall in average performance will be ( 0.7x
+ 0.2 y + 0.1 z)%.
Amendment: 3 (Added in clause 5.1 of DCA– RFP Vol – III)
Inserted as per Section II (B) 2.10 Clause of “Revised Guidelines for Determination of Tariff for
Projects at Major Ports, 2013”
“Any time after the completion of six months of the Project, if the Concessionaire needs to get the
certifications from Independent Engineer for the purpose of tariff approvals as per “Revised
Guidelines for Determination of Tariff for Projects at Major Ports, 2013”, the fresh appointment of
the Independent Engineer would be made by the Concessioning Authority at the cost of the
Concessionaire. However, the Concessioning Authority should be informed for making such
appointment 4 months in advance to carry out the due process for the selection.”
Amendment: 4 (Added in clause 7.1(a) (viii) Obligations of Concessionaire –
Reports of DCA – RFP Vol – III)
As per requirements of “Revised Guidelines for Determination of Tariff at Major Ports, 2013
“Concessionaire shall provide reports, information, data to the Concessioning Authority and also
TAMP in line with “Revised Guidelines for Determination of Tariff for Projects at Major Ports,
2013””
Amendment: 5 (Added in clause 7.1 (a) x Security Arrangements of DCA –
RFP Vol – III)
Clause stands modified as below:
“The Concessionaire may make his own arrangements for security in the Project Site/Port Assets
and with respect to the Project with conditions that security arrangements are made in
synchronization with the port security which is handled by CISF and the men and equipments are
cleared from security angle from local/State Police authorities and also provided the
Concessionaire shall abide by the security regulations/ procedures prescribed by the Concessioning
Authority or a Government Authority from time to time. It shall also conform to and assist the
Concessioning Authority or any authority responsible therefor in conforming to the International
Ship and Port facility Security Code (“ISPS Code”) and such other codes/requirements of
International Maritime Organization as may be applicable to India from time to time. The costs
and expenses in regard to the whole of the security including the CISF personnel shall be borne by
the Concessionaire.”
Amendment: 6 (added in clause 8.1.3 of DCA – RFP Vol – III)
As per requirements of “Revised Guidelines for Determination of Tariff at Major Ports, 2013”
“The Concessionaire shall abide by the “Revised Guidelines for Determination of Tariff at Major
Ports, 2013” and shall follow all the directions and perform all the obligations in the manner
provided in the same. “Revised Guidelines for Determination of Tariff at Major Ports, 2013”
including any and all of obligations of Concessionaire and the Concessioning Authority is an
inseparable part of this Agreement.”
Amendment: 7 (added in clause 8.1.4 of DCA – RFP Vol – III)
As per requirements of “Revised Guidelines for Determination of Tariff at Major Ports, 2013
“Any time after the completion of six months of the Project, if the Concessionaire needs to get the
certifications from Independent Engineer for the purpose of Tariff approvals as per “Revised
Guidelines for Determination of Tariff for Projects at Major Ports, 2013”, the fresh appointment of
the Independent Engineer would be made by the Concessioning Authority at the cost of the
Concessionaire. However, the Concessioning Authority should be informed for making such
appointment 4 months in advance to carry out the due process for the selection.”
Amendment: 8 (added in clause 12.1(h) of DCA – RFP Vol – III)
Inserted as per requirement
“Security Clearance for Engagement of Foreign Personnel
The concessionaire shall obtain the clearance for engagement of foreign personnel from Ministry
of Home Affairs and this information would be shared with Ministry of Defense, Ministry of
External Affairs and Research & Analysis Wing.”
Amendment: 9 (added in Appendix 7 (1) (viii) of DCA – RFP Vol – III)
As per Section II (B) 2.10 Clause of “Revised Guidelines for Determination of Tariff at Major
Ports, 2013”
“Certifying, as and when demanded by the Concessionaire, the achievement of the Performance
Standards as per the Concession Agreement / as notified by TAMP”
Amendment: 10 (Typographic error in clause no. 1.1 of DCA – RFP Vol – III)
Definition stand as below,
“Clean Cargo” Means non-hazardous and dust free cargo including Iron and Steel products,
aluminum ingots, pig iron, finished fertilizers, food grains, sugar (both raw and finished),
containerized cargo but excluding hazardous and dusty cargo like iron ore, thermal coal,
chrome ore, chorme concentrate charge chrome, ferro chrome, silicon manganese ore,
coking coal, hard coke, fertilizer raw materials and other cargo of similar nature.
Definitions modified as below,
“Bid Security” means the bank guarantee of an amount of Rs. 3.57 Crore dated [●] furnished
by the Applicant/Consortium along with its Bid.
“Estimated Project Cost” means the sum of Rs.356.54 Crores (Rupees Three Hundred and
Fifty Six Crores and Fifty Four Lakhs only) being the cost of the Project as estimated by the
Concessioning Authority and disclosed in the Request for Proposal.
Amendment: 11 (added in clause 1.1 of DCA – RFP Vol – III)
Definition inserted as below,
“Revised Guidelines for Determination of Tariffs for Projects at Major Ports, 2013” means
the Guidelines for Determination of Tariffs for Projects at Major Ports issued by TAMP with
effect from 30th September 2013 vide Gazette Notification No. 254 dated 30th September
2013 as revised from time to time.”
Amendment: 12 (added in clause 1.2 of DCA – RFP Vol – III)
Inserted as below,
“CD” means Chart Datum
Amendment: 13 (change in Article 4.1 of DCA – RFP Vol – III)
Modified as below,
The Concessionaire shall for due performance of its obligations during the Construction Phase
provide to Concessioning Authority an unconditional and irrevocable bank guarantee, in
favour of the Concessioning Authority encashable and enforceable at Paradip substantially in
the form set forth in Appendix 9 or an irrevocable revolving letter of credit in the form
acceptable to the Concessioning Authority (the “Performance Guarantee”). The Performance
Guarantee shall be for a sum of Rs. 17.83 Crores (Rupees Seventeen Crores and Eighty Three
Lakhs only). Till such time the Concessionaire provides to Concessioning Authority the
Performance Guarantee pursuant hereto, the Bid Security shall remain in full force and effect.
The Performance Guarantee, if in the form of a bank guarantee shall be valid for an initial
period of 1 (one) year and shall be renewed 30 (thirty) Days prior to expiry of each year, for
an additional term of 1 (one) year. It is clarified that the Concessionaire shall be liable to
restore the Performance Guarantee to the full amount in case of part encashment of the
same by the Concessioning Authority. This shall be done within 30 (thirty) Days of any such
part encashment. The Performance Guarantee, if in the form of a letter of credit shall be
irrevocable and replenished from time to time such that an amount of Rs. 17.83 Crores
(Rupees Seventeen Crores and Eighty Three Lakhs only) is available in immediate cash to the
Concessioning Authority for the entire period of the Construction Phase. The Performance
Guarantee furnished under this provision shall be valid until expiry of 6 (six) months from the
Date of Commercial Operations. Failure of the Concessionaire to provide a valid Performance
Guarantee and/or restore and maintain the Performance Guarantee in accordance with this
Article shall entitle the Concessioning Authority to forthwith terminate this Agreement and
also if relevant, to forfeit the Bid Security.
Amendment: 14 (change in Clause 13.2 (b) of DCA – RFP Vol – III)
Modified as below,
In the alternative to the aforesaid, subject to the Concessionaire taking
necessary measures to mitigate the impact or the likely impact of Change in Law on the
Project, if as a direct consequence of a Change in Law, the Concessionaire is obliged to incur
Additional Cost in any accounting year, any such Additional Cost above a sum of Rs. 17.83
Crores (Seventeen Crores and Eighty Three Lakhs only) may at the option of the Concessioning
Authority be borne by the Concessioning Authority. It is clarified that Additional Cost upto Rs.
17.83 Crores (Seventeen Crores and Eighty Three Lakhs only) in any accounting year shall be
borne by the Concessionaire;
Amendment: 15 (change in Clause 13.2 of DCA – RFP Vol – III)
Clause 13.2 paragraph 2 read as below,
If as a result of Change in Law, the Concessionaire incurs a reduction in costs or other
financial gain or benefit in connection with its development or operation of the Project, the
aggregate financial effect of which exceeds Rs. 17.83 Crores (Seventeen Crores and Eighty
Three Lakhs only)in any Financial Year, the Concessionaire shall notify the Concessioning
Authority and pay to the Concessioning Authority an amount that would put the
Concessionaire in the same financial position it would have occupied had there been no such
Change in Law resulting in such cost reduction, increase in return or other financial gain or
benefit as aforesaid. Without prejudice to the aforesaid, the Concessioning Authority may,
by notice in writing require the Concessionaire to pay an amount that would put the
Concessionaire in the same financial position it would have occupied had there been no such
Change in Law resulting in such cost reduction, increase in return or other gain or benefit.
Amendment: 16 (change in Appendix 9 of DCA – RFP Vol – III)
Appendix 9 (d) modified as below,
In terms of the LOI and the Concession Agreement, the Concessionaire is required to furnish to
the Board, a Performance Guarantee being an unconditional and irrevocable Bank Guarantee
from a Scheduled Bank for a sum of Rs. 17.83 Crores (Seventeen Crores and Eighty Three Lakhs
only) as security for due and punctual performance/discharge of its obligations under the
Concession Agreement during the Construction Phase,
Amendment: 17 (change in clause 1.1.1 of – RFP Vol – I)
Last paragraph modified as below,
Paradip Port Trust (the “Authority “) is responsible for the development, operations and
maintenance of Paradip Port. In order to cater to the future growth in traffic, the Authority
has decided to undertake development of Multi-purpose Berth to Handle Clean Cargo including
Containers on BOT basis at Paradip (the “Project”) through Public Private Participation (the
“PPP”) on Build, Operate, Transfer (the “BOT”) basis and has decided to carry out the bidding
process for selection of the preferred bidder / sponsor. The Estimated Cost for the Project is Rs.
356.54 Crores (Three Hundred Fifty Six Crores and Fifty Four Lakhs Only). Brief particulars of
the Project are as follows:
Name of the Project
Development of Multi-purpose Berth to
Handle Clean Cargo including Containers at
Paradip Port on BOT basis under PPP mode
Optimal Capacity
(in MTPA)
5 MTPA
Estimated Project Cost
(In Rs. Crores)
356.54
Amendment: 18 (change in clause 1.1.3 of RFP Vol – I)
Modified as below,
The scope of work will broadly include designing, engineering, financing, procuring,
implem entation, commissioning, oper ation and m aintenance of the project facility.
BRIEF DETAILS OF THE PROPOSED PROJECT:
The project will have a capacity to handle 5 million tonnes to handle clean cargo including
containers and includes a berth of length of 370 m with allied infrastructure for handling
ships of up to 125,000 DWT. The estimated capital cost of the project is estimated cost of Rs.
356.54 Crores (Three Hundred Fifty Six Crores and Fifty Four Lakhs Only – as per the latest
revised cost estimates). For more details please refer to the Feasibility Report (RFP Vol II).
However Bidders to note that applicable tariff have been revised and tariffs as approved by
TAMP are indicated in the Concession Agreement.
Amendment: 19 (change in clause 1.2.4 of RFP Vol – I)
Modified as below,
A Bidder is required to deposit, along with its Bid, a bid security of Rs. 3.57 Crores (Rs. Three Crores
Fifty Seven Lakhs) (the “Bid Security”), refundable not later than 60 (sixty) days from the Bid Due
Date, except in the case of the Selected Bidder whose Bid Security shall be retained till it has provided
a Performance Security under the Concession Agreement. The Bidders will have an option to provide
Bid Security in the form of a demand draft or a bank guarantee acceptable to the Authority, and in
such event, the validity period of the demand draft or bank guarantee, as the case may be, shall not
be less than 180 (one hundred and eighty) days from the Bid Due Date, inclusive of a claim period of
60 (sixty) days, and may be extended as may be mutually agreed between the Authority and the
Bidder from time to time. The Bid shall be summarily rejected if it is not accompanied by the Bid
Security.
Amendment: 20 (change in clause 2.1.7 of RFP Vol – I)
Modified as below,
The Bidder shall deposit a Bid Security of Rs. 3.57 (Rupees Three Crores Fifty Seven Lakhs Only) in
accordance with the provisions of this RFP. The Bidder has the option to provide the Bid Security
either as a Demand Draft or in the form of a Bank Guarantee acceptable to the Authority, as per
format at Appendix-II.
Amendment: 21 (changes in APPENDIX II of RFP Vol – I)
Appendix II - Point 1 modified as below,
In consideration of you, Paradip Port Trust, having its office at Administrative Office Building, Paradip
– Orissa 754 142, (hereinafter referred to as the “Authority”, which expression shall unless it be
repugnant to the subject or context thereof include its, successors and assigns) having agreed to
receive the Bid of …………………… (a company registered under the Companies Act, 1956) and having
its registered office at ……………………… (and acting on behalf of its Consortium) (hereinafter referred
to as the “Bidder” which expression shall unless it be repugnant to the subject or context thereof
include its/their executors, administrators, successors and assigns), for the Development of Multipurpose Berth to Handle Clean Cargo including Containers at Paradip Port on BOT basis under PPP
mode (hereinafter referred to as “the Project”) pursuant to the RFP Document dated …………… issued
in respect of the Project and other related documents including without limitation the draft
concession agreement (hereinafter collectively referred to as “Bidding Documents”), we (Name of the
Bank) having our registered office at ……………………… and one of its branches at Paradip (hereinafter
referred to as the “Bank”), at the request of the Bidder, do hereby in terms of Clause 2.1.7 read with
Clause 2.1.18 of the RFP Document, irrevocably, unconditionally and without reservation guarantee
the due and faithful fulfilment and compliance of the terms and conditions of the Bidding Documents
(including the RFP Document) by the said Bidder and unconditionally and irrevocably undertake to
pay forthwith to the Authority an amount of Rs. 3.57 (Rs. Three Crores Fifty Seven Lakhs Only)
(hereinafter referred to as the “Guarantee”) as our primary obligation without any demur,
reservation, recourse, contest or protest and without reference to the Bidder if the Bidder shall fail to
fulfil or comply with all or any of the terms and conditions contained in the said Bidding Documents.
Appendix II - Point 3 modified as below,
We, the Bank, do hereby unconditionally undertake to pay the amounts due and payable under this
Guarantee without any demur, reservation, recourse, contest or protest and without any reference to
the Bidder or any other person and irrespective of whether the claim of the Authority is disputed by
the Bidder or not, merely on the first demand from the Authority stating that the amount claimed is
due to the Authority by reason of failure of the Bidder to fulfil and comply with the terms and
conditions contained in the Bidding Documents including failure of the said Bidder to keep its Bid
open during the Bid validity period as setforth in the said Bidding Documents for any reason
whatsoever. Any such demand made on the Bank shall be conclusive as regards amount due and
payable by the Bank under this Guarantee. However, our liability under this Guarantee shall be
restricted to an amount not exceeding Rs. 3.57 (Rs. Three Crores Fifty Seven Lakhs Only).
Appendix II - Point 13 modified as below,
For the avoidance of doubt, the Bank’s liability under this Guarantee shall be restricted to Rs. 3.57
crores (Rs. Three Crores Fifty Seven Lakhs Only).The Bank shall be liable to pay the said amount or
any part thereof only if the Authority serves a written claim on the Bank in accordance with
paragraph 9 hereof, on or before [*** (indicate date falling 180 days after the Bid Due Date)].
Amendment: 22 (changes in APPENDIX I of RFP Vol – I)
APPENDIX I: Point 22 modified as below,
I/ We offer a Bid Security of Rs 3.57 (Rupees Three Crores Fifty Seven Lakhs Only) to the Authority in
accordance with the RFP Document.
Amendment: 23 (typographic error in APPENDIX I of RFP Vol – I)
APPENDIX I: Point 7 (c) modified as below,
I/ We have not directly or indirectly or through an agent engaged or indulged in any corrupt practice,
fraudulent practice, coercive practice, undesirable practice or restrictive practice, as defined in Clause
Error! Reference source not found. of the RFP document, in respect of any tender or request for
proposal issued by or any agreement entered into with the Authority or any other public sector
enterprise or any government, Central or State; and
Amendment: 24 (typographic error in RFP Vol – I)
Clause 4.2 modified as below,
Without prejudice to the rights of the Authority under Clause 4.1 hereinabove and the rights and
remedies which the Authority may have under the LOA or the Concession Agreement, or otherwise if
a Bidder or Concessionaire, as the case may be, is found by the Authority to have directly or indirectly
or through an agent, engaged or indulged in any corrupt practice, fraudulent practice, coercive
practice, undesirable practice or restrictive practice during the Bidding Process, or after the issue of
the LOA or the execution of the Concession Agreement, such Bidder or Concessionaire shall not be
eligible to participate in any tender or RFP issued by the Authority during a period of 2 (two) years
from the date such Bidder or Concessionaire, as the case may be, is found by the Authority to have
directly or indirectly or through an agent, engaged or indulged in any corrupt practice, fraudulent
practice, coercive practice, undesirable practice or restrictive practices, as the case may be.
Amendment: 25 (typographic error in APPENDIX V of RFP Vol – I)
To refer to Clause 1.2.1 instead of Clause 0
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