BID DOCUMENT

TENDER

FOR

Implementation of Digital Library in SMP, Kolkata

BY

SYAMA PRASAD MOOKERJEE PORT, KOLKATA

Tender No. SMP/HYD/2021/203

07th Dec’ 2021

ISSUED BY

Chief Hydraulic Engineer

Hydraulic Study Department
SYAMA PRASAD MOOKERJEE PORT, KOLKATA
20, Garden Reach Road
KOLKATA-700 043

07-12-2021

1
 INDEX
Clause No. Item Page
1.0 Notice inviting tender. 4
2.0 Schedule of Tender (SOT). 4
3.0 Important Information for E – Tender. 7
4.0 Pre-qualification Criteria. 8
5.0 Tender Authority. 9
6.0 Instruction to Bidder. 10
7.0 Mode of submission of Bid. 10
8.0 Other Instruction. 11
9.0 Earnest Money Deposit. 13
10.0 Security Deposit. 13
11.0 Instruction for filling the Bids. 14
12.0 Technical & Financial Capabilities 14
13.0 Pricing of the Bid. 15
14.0 Duties & Taxes. 15
15.0 Acceptance of the Digital Library Solution 16
16.0 Interpretation of Terms. 16
SPECIAL CONDITIONS OF CONTRACT
&
TECHNICAL SPECIFICATIONS
17.0 General. 18
18.0 Objective & Overview 18
19.0 Scope of Work. 18
20.0 Data Ownership. 22
21.0 Confidential Information, Security AND Data 23
22.0 Right of Access to Premises 23
23.0 Facilities provided by SMP, Kolkata: 23
24.0 Guaranteed Availability 24
25.0 SLA & Penalty 24
26.0 Adequacy of Tender. 25
27.0 Payment Terms. 25
28.0 Contact person for Support. 26
29.0 Bid Opening 26
30.0 General Conditions Of Contract 26
31.0 Termination of Contract 26
32.0 Law Of The Land 27
33.0 Compliance Of Labour Act 27
34.0 Article Of Value 28
35.0 Force Majeure 28
36.0 Interpretation Of Contract Documents, Disputes & 28
Arbitration.
Bill of Quantities
37.0 General 30

2
38.0 Format of price Bid 30
Annexure-I 32
Annexure-II 33
Appendix-1 35
Appendix-2 37
Appendix-3 38
Appendix-4 40

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 SYAMA PRASAD MOOKERJEE PORT, KOLKATA
Hydraulic Study Department

1.0 NOTICE INVITING TENDER

Tender No: SMP/HYD/2021/203 Dated: 07-Dec-2021

Open E-Tender under single part system are invited for the following work from
reputed, bona fide and resourceful bidders which include the company, firm,
consortium, group of companies and joint venture or any of their partners or
members jointly or severally, who will be pre-qualified in terms of the Pre-
qualification criteria indicated herein below as well as set out in the bid
document.

The Bid Document may be seen from the Central Public Procurement Portal (CPPP)
and RailTel e-Nivida Portal. Corrigenda or clarifications, if any, shall be hosted on
the above-mentioned website only. The tender is also published on SMP, Kolkata
website (www.kolkataporttrust.gov.in).

SYAMA PRASAD MOOKERJEE PORT, KOLKATA (SMP, Kolkata) intend to outsource

Design, Development, Security audit, domain name registration, hosting with SSL
and commissioning and Comprehensive Maintenance support for 03 year post
commissioning for Digital Library portal and Mobile APP ( iOS & Android) solution
to SMPK on turnkey basis. Selected Service Provider (SP) would be required to
fulfil mentioned functionalities and responsible for arranging appropriate cloud
services (from MeitY empanelled Cloud Service Provider) for deployment/hosting
as well cloud storage for contact period under the scope of this project without
any further additional cost to port. Prospective Bidder should note and offer their
bid accordingly.

ESTIMATED VALUE OF THE TENDER FOR THREE (3) YEARS IS INDIAN RUPEES (INR) 30
LAKH.

PERIOD OF CONTRACT: 3 Years (excluding execution time of two months).

Commissioning of the project is to be completed with 2 months from the
placement of Work Order.

2.0 SCHEDULE OF TENDER (SOT)

a. Tender No. Tender No: SMP/HYD/2021/203

b. Mode of Tender e-Procurement System
Online Bid through RailTel E-wizard Portal:
https://kopt.enivida.in/

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 The intending bidders are required to submit their
offers electronically through e-tendering portal. No
physical tender is acceptable by SYAMA PRASAD
MOOKERJEE PORT, KOLKATA.
c. Estimated cost Rs.30 Lakh
d. Earnest Money Deposit. As per guidelines of SMPK all bidders are exempted
from submitting the EMD. Bidders are required to
submit declaration as per Form 41 (Annexure-I)
along with the other document of bid.
e. Tender Document fee. The intending bidders shall be required to submit also
the tender fee of Rs. 1500/- (Rupees One Thousand &
Five Hundred only) including GST to SYAMA PRASAD
MOOKERJEE PORT, KOLKATA separately as per tender
stipulation. Scanned copy of the Tender fee
instruments are required to be submitted along with
the bid offer. The original Tender fee instrument shall
be submitted within 3 days from the closing of online
submission of tender. In case of failure of submission
of Tender fee where applicable, the bid of the said
tenderer will not be processed further.
Note: * As Tender fee instrument, DD or Original Bank
Draft / Bankers Cheque is required to be made in
favour of ‘Syama Prasad Mookerjee Port, Kolkata’
payable at Kolkata.
**In case of NEFT, payment is to be made to the
account of SMPK as mentioned below:

 Name: Syama Prasad Mookerjee Port, Kolkata

 Name of the Bank: Indian Overseas Bank
 Bank Account No.: 067502000000491
 Type of Account (current/ SB / OD): Current
A/c
 Branch: STRAND ROAD BRANCH, KOLKATA – 700
001, IFSC CODE- IOBA0000675, MICR CODE -
700020006

*** MSME and start-ups are exempted from submission

of Tender Fee. However, they are required to submit
appropriate documents of certificates regarding MSME
& DPIIT Certificates as applicable.

f. Date of NIT available to From 08.12.2021 at 17-00 hours.

parties to download.
g. Online Pre-Bid Meeting At 1400 hours on 16.12.2021 [Please join through the
date and time Google Meet link https://meet.google.com/pcb-mwvb-
epf
h. Date of starting of e- At 17:00 hours 21.12.2021.
Tender for submission of
online Techno-Commercial

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Bid and price Bid at RailTel
E-wizard Portal.
i. Date of closing of online Up to 14:00 hours on 06.01.2022. The last date of
e-tender for submission of submission of tender will not be extended under any
Techno-Commercial Bid & circumstance.
Price Bid.
j. Date & time of opening On 06.01.2022 after 15:00 hours through online portal.
of bid.

Note: In the event of any unforeseen closure of work / holiday on any of the
above day, the same will be opened / held on the next working day without any
further notice.

Er. Debasish Guha

Chief Hydraulic Engineer
Hydraulic Study Department
Tender Inviting Authority

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3.0 Important Instructions for e-Tender

Bidders are requested to use internet browsers like Firefox version above 50 /
Internet Explorer version 8 or above, and Java 8 Update 151 or 161, etc.

Further, bidders are requested to go through the following information and

instructions available on the RailTel E-wizard Portal “https://kopt.enivida.in/’
before responding to this e-tender:

 Bidders Manual Kit

 Help for Contractors
 FAQ
Bidder may require to pay tender processing fees and registration charges to
RailTel before submitting the bid at RailTel E-wizard Portal. Please contact
customer helpdesk of RailTel E-wizard Portal for clarification.

Contact Persons (SYAMA PRASAD MOOKERJEE PORT, KOLKATA):

I. Shri Utpal Ghosh

Dy. Chief Hydraulic Engineer-II, HSD
Mobile No. 09674720103
Email Id: [email protected]

II. Shri B.D.Choudhury

Sr. Manager, EDP (C) Mobile No. 98307 16222
Email Id: [email protected]

III. Shri Adhik Kumar Gop,

Executive Engineer, EDP Mobile No. 9674416460
Email Id: [email protected]

Contact persons (RailTel e-wizard/e-Nivida Portal):

Please feel free to contact eNivida Helpdesk (as given below) for any queries
relating to the process of online bid submission or queries relating to e-tender
Portal (https://kopt.enivida.in/) in general may be directed to the Helpdesk
Support.

I. Phone No. 7278929467/8448288981

II. Mail id: - [email protected]

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4.0 PRE-QUALIFICATION CRITERIA

The pre-qualification criteria shall be as follows:

S# Eligibility Criteria Document Required

The Company should be a registered Copy of valid Certificate of
company in India under the Companies Act, Incorporation; and Copy of
1956 or a partnership firm registered under Goods and Service Tax
LLP Act, 2008 or Partnership Firm under Registration Certificate
1
Partnership Act, 1932 and Registered with
the Goods and Service Tax Authorities.
Should have been operating for the last
three years.
i) The bidder organization should have Company’s Annual Reports,
achieved an average annual turnover Audited Balance Sheet and
of Rs 9 Lakh over the last three Profit and loss account for
financial years. last 3 Years (i.e. 2018-19,
2019-20 and 2020-21)
ii) The bidder organization should have a
positive net worth during each of the
last three financial years immediately
prior to the date of NIT as evidenced
by the audited accounts of the
2 organization.

iii) Eligible1 Startups may avail 50% 1) DPIIT Certificate of

relaxation2 in average annual Recognition for Startups
turnover i.e. the Startup organization 2) Company’s Annual
should have achieved an average Reports, Audited Balance
annual turnover of Rs 4.5 lakhs over Sheet and Profit and loss
the last three financial years. account for last 3 Years
(i.e. 2018-19, 2019-20
and 2020-21)

The bidder should not have been Affidavit

blacklisted/debarred/deregistered/banned
by SMP Kolkata or any Govt. organization. If
4
found, the bid shall be disqualified.

i) Experience of having Work order/ Completion

3
completed/ongoing similar works during Certificate
the last 7 years ending 31st Jul 2021, should
5 be either of the following:

a) 3 (three) similar works, each costing

not less than INR 12 lakh or

8
 equivalent;
Or

b) 2 (two) similar works, each costing

not less than INR 15 lakh or
equivalent;
Or
c) 1 (one) similar work, costing not less
than INR 24 lakh or equivalent.

ii) Eligible Startups may avail 50% 1) DPIIT Certificate of

relaxation in project cost i.e. Startup Recognition for Startups
experience of having completed/
ongoing ‘similar works’ during the 2) Work order/ Completion
last 7 years ending 31st August 2021, Certificate
should be either of the following:

a) 3 (three) similar works, each costing

not less than INR 6 lakh or
equivalent;
Or

b) 2 (two) similar works, each costing

not less than INR 7.5 lakh or
equivalent;
Or
c) 1 (one) similar work, costing not less
than INR 12 lakh or equivalent.

1 As per guidelines of DPIIT, Government of India, eligible Startups need to be

recognized under Department for Promotion of Industry & Internal Trade (DPIIT),
Government of India to avail the easier public procurement norms.
2 As per guidelines of DPIIT, Government of India, relaxations provided are at
the discretion of SMP, Kolkata and subject to the satisfaction of technical
specifications laid under the tender.
3Similar work shall mean experience of carrying out “Digital Library solution” in
any Govt/ Semi-Govt. / PSUs / private organizations.

5.0 TENDER AUTHORITY

Chief Hydraulic Engineer, Hydraulic Study Department,

20, Garden Read Road, Kolkata-700 043.
Phone: 033-2409-3031-Extn: 7100-3513, Fax: -033-2409-3036
E-mail: [email protected]

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 Website: www.kolkataporttrust.gov.in

6.0 INSTRUCTION TO BIDDERS

6.1 Tender with supporting documents shall be submitted online as stipulated in

the tender.

6.2 The bidder before filing and submitting the Tender is expected to thoroughly
examine the Tender Documents including all instructions, forms, terms,
specifications, schedules and reference drawings. Failure/omission to furnish
this information required by the tender Document on submission of a bidder
which is not substantially responsive to the tender requirement will result in
the rejection of such tender.

6.3 Mere downloading of Tender Document shall not mean that a particular Bidder
will be automatically considered qualified and their bid will be entertained.
Such qualifications will be reviewed at the time of evaluation of bids.

6.4 In case there is an unscheduled Holiday / Bandh / Strike/ COVID-19 Lockdown

on the prescribed last date of submission, the next working date will be
treated as the scheduled prescribed day for the same.

6.5 Tender Document (Non-transferable) will be available in the website:

www.kolkataporttrust.gov.in / RailTel E-wizard Portal. Parties downloading
the tender document from SMP, Kolkata's website should ensure submission of
either the Receipt from Treasurer, SMP, Kolkata or Demand Draft towards
Tender Fee, failing which the tender will not be considered.

6.6 SYAMA PRASAD MOOKERJEE PORT, KOLKATA reserve the right to reject any/all
tenders or to accept any tender in whole or in part without assigning any
reason whatsoever.

6.7 Further amendments, if any, would also appear in the same website.

7.0 MODE OF SUBMISSION OF BID

7.1 The tenders are to be submitted online in single parts will contain the scan
copy of the following documents:

a. Brief particulars of the Firm mentioning company’s registration.

b. Document relating to details of Similar Works previously carried out/
ongoing by the firm with value & period of each work.
c. Performance Certificates of previous/ongoing works carried out.
d. Audited Balance Sheet and Profit and Loss Account for last 3 years (i.e.
2018-19, 2019-20 and 2020-21).
e. Treasury Receipt (TR) of the cost of bid document / Tender Fee. A
separate letter addressing to CHE, Hydraulic Study Department,
confirming that the tenderer has accepted all terms and conditions laid
down in the Bid document.

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 f. Details of Supervision and Liaison set up planned to be used for
supervision and co-ordination of the work.
g. Signed blank copy of Price Bid format.
h. Form of Tender duly filled in bidder’s Letter Head (Format in GCC).
i. A declaration that the firms / group of companies / consortium have not
been debarred / de-listed by any Govt. / Quasi-Govt. / Public Sector
Undertakings.
j. Authentic documents relating to registration under GST Authority and ESI
Authority as applicable.
k. Current Trade License as applicable.
l. Provident Fund Registration Certificate as applicable.
m. A declaration from the bidder that he or she will not be associated with
any other bidding firms or company.
n. Power of attorney in connection with signing the tender document.
(original is to be submitted later)
o. Memorandum & Article of Association in case of Limited Company.
p. The Partnership Deed in case of Partnership Firm.
q. All form and formats duly filled in as given at Appendixes.
r. Copy of PAN/TAN
s. Copy of GSTN

7.1.1 The contractor shall submit the documents as per the Check List above
(Clause-7.1) at the time of submission of the bid online. However, the bids
will be summarily rejected without any reference to the bidder if the
documents mentioned against Sl. No. a, b, c, d, e, q, r and s as
applicable, are not submitted with the bid.

7.1.2 THE DOCUMENTS UPLOADED BY BIDDER(S) WILL BE SCRUTINISED. IN CASE

ANY OF THE INFORMATION FURNISHED BY THE BIDDER IS FOUND TO BE
FALSE DURING SCRUTINY, PUNITIVE ACTION INCLUDING SUSPENSION AND
BANNING OF BUSINESS CAN ALSO BE TAKEN AGAINST DEFAULTING
BIDDER(S). The original documents will have to be produced/shown by the
bidder to SMP, Kolkata, as and when required, failure of compliance may
lead to rejection of bid. Price shall be quoted online as per the format
without any condition or deviation.

7.2 Deadline for submission of Tender

The completed tender shall be submitted online within the prescribed date as
indicated in the SOT.

8.0 OTHER INSTRUCTIONS

8.1 Bidders are advised to submit quotation online based upon technical
specification, terms and conditions, Scope of Work contained in the Bid
Documents and General Conditions of Contract (GCC) and not to stipulate any
deviation. The General Conditions of Contract of SMP, Kolkata shall be
applicable wherever relevant. The GCC may be downloaded from SMP, Kolkata
website (https://kolkataporttrust.gov.in/), ‘Homepage - Rule and
Regulations - Non-Service Regulations’- ‘General Conditions of Contract- Forms

11
 and Agreements’. Should it, however, become unavoidable, deviations should
be suggested during pre-bid meeting. SMP, Kolkata reserves the right to accept
or reject the suggested deviations. No deviation from the laid down
conditions of the Bid Document is firm unless it is notified by SMP, Kolkata.

8.2 SYAMA PRASAD MOOKERJEE PORT, KOLKATA will not be responsible for any
costs or expenses incurred by the Bidder in connection with the preparation
and submission of his bid or for any other expenses incurred in connection with
such bidding.

8.3 The work is to be done as described in Bid Document. The bidders who need
clarifications on any specific issue shall inform the Engineer in writing well in
advance of the date of pre-bid discussion at the address given in the next
clause.

8.4 The bidders are advised to examine the tender documents carefully and if the
bidders find any discrepancy or omission in the Bid Document or have any
doubt as to the meaning or intent of any part thereof, they shall at once
inform the Engineer before the Prebid meeting. No individual reply to the
above will be send but general clarification will be uploaded after considering
the same in the Prebid meeting. No interpretations shall be made by any
Bidder as to the meaning, if any, of the provisions of the Bid documents on the
basis of verbal communication. Every request for any clarification/
interpretation shall be in writing, addressed and forwarded to the Engineer
who shall be the point of contact at the following address:

Chief Hydraulic Engineer,

Hydraulic Study Department,
SYAMA PRASAD MOOKERJEE PORT, KOLKATA,
20, Garden Reach Road,
Kolkata-700 043

8.5 The bidders may please note that SYAMA PRASAD MOOKERJEE PORT, KOLKATA
will not entertain any correspondence or queries on the status of the offers
received against this Bid.

Bidders are also requested not to depute any of their personnel or agents to
visit SYAMA PRASAD MOOKERJEE PORT, KOLKATA's Offices for making such
inquiries. Should SYAMA PRASAD MOOKERJEE PORT, KOLKATA find it necessary
to seek any clarification, technical or otherwise, the concerned bidder will be
duly contacted by SYAMA PRASAD MOOKERJEE PORT, KOLKATA.

8.6 Canvassing in any form by the Bidder or by any other agency acting on behalf
of the Bidder after submission of the bid will disqualify the said bidder. SYAMA
PRASAD MOOKERJEE PORT, KOLKATA may reject, accept or prefer any bid
without assigning any reason whatsoever.

8.7 Fax/e-mail offers/ physical offer will not be considered. Bidders should
prepare their Bid themselves. Bids prepared by agents will not be recognized.

12
 SMP, Kolkata will not be liable for any financial obligation in connection with
any work until such time SMP, Kolkata communicates to the successful bidder
in writing its decision to entrust the work (covered by the Bid document).

8.8 Amendment of Tender Documents.

At any time prior to the deadline for the submissions of tenders, SMP, Kolkata
may, for any reason, whether on its own initiative or in response to a
clarification requested by a prospective Tenderer / bidder, modify the Tender
Documents by issuance of addenda, which shall be in writing and uploaded in
the same websites. Such addenda will form part of their Tender. The Tender
Document shall be deemed to be amended only by way of the amendments
mentioned above. Any other communication issued to the Tenderers / bidders
shall not be construed as amendment to the Tender Document.

9.0 Earnest Money Deposit (EMD):

9.1 As per guidelines of SMPK all bidders are exempted from submitting the
EMD.

10.0 Security Deposit:

10.1 Successful bidder will submit Security Deposit for a sum equivalent to 3% of
the evaluated value (including GST) as per price bid of the tender, as
accepted by SMP, Kolkata, in Demand Draft or in the form of Bank
Guarantee as per the format as stipulated in GCC in favour of 'SYAMA
PRASAD MOOKERJEE PORT, KOLKATA' from a Nationalized Indian Bank with
branch at Kolkata In the event of issuing Bank Guarantee by any branch
outside Kolkata, any Kolkata Branch of such Bank shall confirm the same and
stand by for all the commitments under the Bank Guarantee. In all cases,
any dispute regarding such Bank Guarantee will be adjudicated under the
jurisdiction of The Calcutta High Court. In case of Bank Guarantee, the same
shall remain valid for 3 months after the final expiry of the contract. The
Security Deposit will be released within 60 days after successful completion
of the contract period.

10.2 Chief Hydraulic Engineer, Hydraulic Study Department shall have the right to
ask for the extension of the above Bank Guarantee till such time the
Contractual obligations are fulfilled, and the Contractor will be duty bound
to extend the same.

10.3 After the issuance of ‘Work order’, Security Deposit will have to be
submitted within 15 working days and a formal agreement is to be executed
immediately thereafter as per format provided in GCC. The contractor shall
commence the work within the prescribed mobilization period after
issuance of work order. The contract shall be deemed to be in effect from
the date of successful commencement of work.

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11.0 INSTRUCTION FOR FILLING THE BIDS

11.1 The bids can only be submitted in the name of the bidder.

11.2 The Bid and any annotations or accompanying documentation shall be in

English language only and in metric system.

11.3 Bidders shall sign their proposal and all attached documents with the exact
name of the firm who has downloaded the bid document.

11.4 Bidders shall clearly indicate their legal constitution and the person signing
the tender and also shall state his capacity and also the source of his ability
to bind the bidder. The power of attorney or authorization or resolution or
any other document constituting adequate proof of the ability of the
signatory to bind the bidder, shall be annexed to the bid. SYAMA PRASAD
MOOKERJEE PORT, KOLKATA may reject outright any bid unsupported by
adequate proof of the signatory's authority.

11.5 The tender shall be completed in all respect and shall be submitted
together with requisite information and appendices. It shall be completed
free from ambiguity, change or inter-lineation.

11.6 Bidders should indicate at the time of quoting against this bid their full
postal /e-mail address and telephone and fax numbers.

11.7 Bidders shall set their quotations online as per BOQ format and without any
qualifications.

11.8 Price Bids, containing any sort of qualifying expressions will be rejected.

11.9 SYAMA PRASAD MOOKERJEE PORT, KOLKATA reserves the right to ask any
one of the bidders, who have submitted their price quotations to submit a
break-up of the submitted prices with adequate justification to establish for
each such component. Bidders shall confirm in writing in the form of Tender
that should SYAMA PRASAD MOOKERJEE PORT, KOLKATA deem it necessary
to ask for such a break up of quoted price, they will be duty bound to do
so as requested by SMP, Kolkata and they shall be further duty bound to
provide justification to the same, failing which or if their justification of
prices are found unacceptable to SMP, Kolkata, their Tender may be
cancelled by SYAMA PRASAD MOOKERJEE PORT, KOLKATA.

12 Technical & Financial Capability.

The tenderer must satisfy pre-qualification criteria as stipulated in the

tender.

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13.0 Pricing Of The Bid

13.1 General:
The Bid shall be quoted in and as per format of Price Bid and BoQ.

13.2 Currency of Quotations:

The bidder shall indicate the prices in Indian Rupees only. The bidder shall
not quote in any currency other than Indian Rupees (INR).

13.3. Price Bid Evaluation

Evaluation will be made on the basis of lowest offered price as per BoQ
from the qualified and complied bids.

13.4 Validity of Price Bid

Price Bid shall be valid for acceptance for a minimum period of 180 (one
hundred eighty) days from the date of opening of Bids.

14.0 DUTIES & TAXES

a. The prices quoted shall be as per BOQ including all statutory levies
excluding GST. The Total cost as mentioned in the BOQ would be the basis
of evaluation.

b. Supplier / Service Provider to confirm that the GST amount charged in

invoice is declared in its returns and payment of taxes is also made.

c. The Supplier / Service Provider agrees to comply with all applicable GST
laws, including GST acts, rules, regulations, procedures, circulars &
instructions thereunder applicable in India from time to time and to ensure
that such compliance is done within the time prescribed under such laws.
Supplier / Service Provider should ensure accurate transaction details, as
required by GST laws, are timely uploaded in GSTN. In case there is any
mismatch between the details so uploaded in GSTN by Supplier / Service
Provider and details available with SYAMA PRASAD MOOKERJEE PORT,
KOLKATA, then payments to Supplier / Service Provider to the extent of
GST relating to the invoice/s under mismatch may be retained from due
payments till such time SYAMA PRASAD MOOKERJEE PORT, KOLKATA is not
sure that accurate tax amount is finally reflected in the GSTN to SMP,
Kolkata’s Account and is finally available to SYAMA PRASAD MOOKERJEE
PORT, KOLKATA in terms of GST laws and that the credit of GST so taken by
SYAMA PRASAD MOOKERJEE PORT, KOLKATA is not required to be reversed

15
 at a later date along with applicable interest.

d. SYAMA PRASAD MOOKERJEE PORT, KOLKATA (SMP, Kolkata) has the right to
recover monetary loss including interest and penalty suffered by it due to
any non-compliance of tax laws by the Supplier / Service Provider. Any loss
of input tax credit to SYAMA PRASAD MOOKERJEE PORT, KOLKATA for the
fault of supplier shall be recovered by SYAMA PRASAD MOOKERJEE PORT,
KOLKATA by way of adjustment in the consideration payable.

e. Supplementary invoice/debit note/credit note for price revisions to enable

SYAMA PRASAD MOOKERJEE PORT, KOLKATA to claim tax benefit on the
same shall be issued by you for a particular year before September of the
succeeding Financial Year.

f. The purchase order/work order shall be void, if at any point of time you
are found to be a black listed dealer as per GSTN rating system and further
no payment shall be entertained.

g. If any new taxes and duties, increase in existing taxes and duties are
imposed by the central / state government and is applicable in this
contract, these shall be paid by SMP, Kolkata in addition as the same are
not included in the quoted rates.

15. Acceptance of the Digital Library Solution:

Acceptance of the Digital Library Solution will be made by the Engineer of the
contract after successful completion of commissioning of the work.

16.0 Interpretation Of Terms:

In the Contract and specifications, the following words and expressions shall have
the meanings as follows:

16.1 THE TRUSTEES - The expression ‘THE TRUSTEES’ means the Board of
Trustees for the SMP, Kolkata.

16.2 THE CHAIRMAN means the Chairman of the Board and includes the person
appointed to act in his place under Section 14 and 14A of the Major Port
Trusts Act, 1963.

16.3 THE DEPUTY CHAIRMAN, Kolkata means the Deputy Chairman, KDS, or, as
the case may be, a Deputy Chairman of a Board and includes the person
appointed to act in his place under section 14 of the Major Port Trusts Act,
1963.

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16.4 THE CHIEF HYDRAULIC ENGINEER, HYDRAULIC STUDY DEPARTMENT - The
expression ‘The Chief Hydraulic Engineer, Hydraulic Study Department’
means the office holding that post under the Trustees and includes his
successors in office.

16.5 THE TRAFFIC MANAGER , TRAFFIC DEPARTMENT - The expression ‘The

Traffic Manager , Traffic Department ’ means the office holding that post
under the Trustees and includes his successors in office.

16.6 THE CHIEF MECHANICAL ENGINEER, MECHANICAL & ELECTRICAL

ENGINEERING (M & EE) DEPARTMENT - The expression ‘The Chief Mechanical
Engineer, Mechanical & Electrical Engineering Department’ means the office
holding that post under the Trustees and includes his successors in office.

16.7 THE Dy. CHIEF HYDRAULIC ENGINEER-II, HYDRAULIC STUDY DEPARTMENT -

The expression ‘The Dy. Chief Hydraulic Engineer-II, Hydraulic Study
Department’ means the office holding that post under the Trustees and
includes his successors in office.

16.8 THE ENGINEER - The expression ‘The Engineer’ means the Chief Hydraulic
Engineer, Hydraulic Study Department for the purpose of this contract only.

16.9 THE ENGINEER'S REPRESENTATIVE - The expression ‘The Representative’

means any officer or person from time to time deputed by the Trustees or
The Chief Hydraulic Engineer/ Engineer of the Contract to act on their
behalf for the purpose of this contract.

16.10 THE ENGINEER'S REPRESENTATIVE - The expression ‘The Representative’

means any officer or person from time to time deputed by the Trustees or
Engineer of the Contract to act on their behalf for the purpose of this
contract.

16.11 DAY - means duration of 24 hours commencing at 00.00 hours midnight till
24.00 hours and includes Sundays and Holidays.
16.12 MONTH – means English Calendar Month.

16.13 LETTER OF INTENT - “Letter of Intent” means the formal acceptance by

SMP, Kolkata of the Tender.

16.14 TENDER - “Tender” means the Contractor’s priced offer to SMP, Kolkata for
the execution and completion of the Works and the remedying of any
defects therein in accordance with the provisions of the Contract, as
accepted by the Letter of Intent.

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 SPECIAL CONDITIONS OF CONTRACT
&
TECHNICAL SPECIFICATIONS

17.0 General:

The provisions of the Special Conditions of Contract & Technical Specifications

shall be deemed to override the provisions of the General Conditions of Contract,
only to the extent of such repugnancy or variations in the Special Conditions of
Contract & Technical Specifications, as are not possible of being reconciled with
the provisions of General Conditions of Contract.

18.0 Objective & Overview:

Under SMPK there are two dock systems viz. KDS (Kolkata Dock System) & HDC
(Haldia Dock Complex). SMPK formulates and conducts research & training
programs/projects; collaborates with national and reputed institutes of excellence
to undertake the research and findings in Cargo Handling, Hooghly River Study,
Work Shops and training programs for employees and port users. The relevant
content for the above activities and magazines/stories/books/articles (in both
Hindi & English language) are required to publish on the proposed Digital Library
for SMPK & its employees and port users. The Digital Library envisage to function
as a fully computerized library with a rich collection of relevant e-books
(magazines/stories/e-books/articles/periodical contents, Research papers, etc.) &
multimedia contents (Audio & Videos, Images, HD graphics, etc.) as a central
Information Centre/ Digital Library which provides many services as per the scope
of work to port and it users.

19.0 Scope Of Work:

SYAMA PRASAD MOOKERJEE PORT, KOLKATA (SMP, Kolkata) intend to outsource

Design, Development, Security audit(by third party) , domain name registration,
hosting with SSL and commissioning and Comprehensive Maintenance support for
03 year post commissioning for Digital Library portal and Mobile APP ( iOS &
Android) solution to SMPK on turnkey basis. Selected Service Provider (SP) would
be required to fulfil mentioned functionalities and responsible for arranging
appropriate cloud services (from MeitY empanelled Cloud Service Provider) for
deployment/hosting as well cloud storage for contact period under the scope of
this project without any further additional cost to port.

So keeping in mind the aspects, quantum of work of the functionalities/features,

the bidders are advised to participate and offer their bid accordingly. Therefore,
the Digital Library Portal solution should be designed in such a way that it should
be scalable and configurable irrespective of any such increase in number of users
and type of content and future enhancement of the proposed digital library.

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The salient features/functionalities of Digital Library solution under the scope of
work are:

19.1 Digital Library Portal:

Library portal with SMPK’s branding, list of eResources and important links.
Complete customization of digital library as per the requirement of port. The
bidder should provide the following

a) Design, Development, Security audit, domain name registration, hosting

with SSL and commissioning for Digital Library portal as per SMPK’s
requirements and following industries best practices.
b) Management of e-Resources/contents, subjects, and widgets with
showcasing of content relevant to port admin users.
c) Downloading of Digital Library content would be a restricted feature.
d) Digital Library should be responsive in nature for mobile devices also.
e) Feature like Flip-Book should be enabled/ available for viewing/ reading of
digital contents.

19.2 Content Hub:

Library would help in bringing SMPK’s information and resources in one place.
Proposed digital library should enables users /SMPK to put together the content in
an organized structure. Facilitate users to access the following contents.
a) Subscribed eResources – Journals, eBooks, databases, proceeding, standards
etc.
b) Open Access Collection – Open Journals, Open eBooks, etc.
c) Multimedia Collection to be made available in the digital library.
d) Institutional Repository (IR) & Sections (Bilingual Hindi-English) – Integrating
existing Institutional Repository or host the content on proposed solution
(e.g, Lectures, Videos, Notes, Multimedia content, etc…) in all standard
formats (PDF, jpef, png, ogg,docx,ogg, etc.) desired by SMPK.
e) Library Holdings - Integrate physical holdings by importing the Library OPACs
from Library systems using standardized formats like MARC records.
f) Web Content – Facility to add any online content (webpages, PDFs,
Videos…) to the library with the web content curation and clipping tool.

19.3 Catalogue & A-Z Listing :

The Catalogue must complete A-Z listing of all the resources of library. The
Catalogue is also to be categorized by subject, publisher, content type, date, etc.
to enable users to quickly find the content.

19.4 Universal Search Box:

Single window to search across the Complete Content i.e. all the resources in your
library including eBooks, journals, IR and OPAC.

19.5 Off-Campus Access :

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Once users are logged-in they can securely access all the resources in the Library,
wherever they are. This is especially relevant when users are off campus (and thus
outside the port network). More importantly this feature is to be automatically
enabled for all resources links in the digital Library including A-Z Catalog, Browse,
search, etc.

19.6 Digital Library Mobile Application (iOS & Android):

Users can have seamless access to the all features and resources from smartphone
and Tablets (Android & iOS) on the go. Downloading of Digital Library content
would be a restricted feature. The bidder should provide the following:
a. To deploy and publishing of iOS and Android library mobile app on the
Google play store and Apple app store. SP have to arrange all necessary
permission and approval for the same without any cost to port, port will
provide all required authorization, if needed.
b. To show all open access collections, subscriptions, Union OPAC records in
the Library Mobile app.
c. To show new arrivals, trending content.
d. Ability to browse or search by keyword.
e. In built remote access for full text access of subscribed publications from
anywhere, anytime.
f. Should support federated search for article level discovery from subscribed
databases.
g. All other feature/functionalities available in portal is also needs to be
incorporated for the mobiles app (iOS & Android).
h. Feature like Flip-Book should be enabled/ available for viewing/ reading of
digital contents.

19.7 Exhaustive Analytical Reports:

a) Monitor and analyze the usage of users providing with complete usage
statistics.
b) Insights from the Usage Reports will help to improve in content collection. It
also monitors anomalous behavior like sending an alert if IP address is
blocked or download limits are reached. Following are some standard usage
reports.
User Wise Usage Report: To understand individual user usage pattern or
track any inappropriate usage of resources or access by the users.
c) Resource Wise Usage Report: validate the usage report shared by the
publisher with usage report. It must provide exact download but also who,
when, etc. downloaded or used the resource/s.
d) Customize reports for analyzing port specific requirements by choosing the
period. Reports can be downloaded in CSV, PDF…

19.8 User Management:

Single window with fine grained control to manage all the users and create groups.
Groups will enable only specific resources, set limits, and analyze usage. Digital
Library should have provision for admin users department wise for uploading of
contents with the guidance of SP. Provision should be there for at least 40
administrative users of SMPK. Provision should be there to create category and
group of users for smooth management of contents as per requirement of SMPK.

20
System should be designed in such a way that there should not be any limitation on
no. of administrative users or end users for the solutions and the same are
required to be increased as and when required without any additional cost to
SMPK.

19.9 User Authentication:

Only authorized user can access library‘s online resources or as per the policy
setup by the library. Users need a User ID & password to login. Simultaneous login
of a single user is NOT allowed.

19.10 Auto email alerts to Users:

Auto email notification to users at all level like account creation, password reset/
forget, etc.

19.11 Hosting Infrastructure: Digital Library solution should be hosted & portable
to any other Ministry of Electronics & Information Technology (MeitY)-empanelled
Cloud Service Provider. Both Data Centre / Disaster Recovery of the proposed
Digital Library solution shall be hosted in cloud environment in a Data Centre
located in India. SP is expected to design the requirements for hosting the solution
and manage through the contract period. The deployment of application shall
follow and comply with contemporary principles of Information Security
Management System (ISMS) i.e. ISO 27001. SP is free to leverage on components,
including networking, monitoring and security components, being supplied by
Cloud Service Providers, wherever applicable, for the proposed Digital Library
Solution without any additional cost to SMPK. SP have to arrange for Domain name
registration along with SSL certification in the name of SMPK at their cost.
However, SMPK will suggest the domain name.

19.12 O&M support: Comprehensive O&M support for 03 year post Go Live for
Digital Library portal and Mobile APP (iOS & Android) is to be provided. The
contractor/ SP on its own cost and arrangement shall deploy required manpower
(if any) for operation and maintenance of Digital Library Solution. The
contractor/SP shall at its own cost and arrangement promptly repair / replace or
restore any of the Digital Library solution/associated infrastructure or any part
thereof which may be lost, damaged or destroyed due to any reason including
natural calamities/disasters like flood, fire, cyclone, earthquake, etc.

The SP shall at its own cost and arrangement obtain and maintain all
required statutory clearances, permissions, spectrum or software license or any
proprietary license as may be required by law for operation and maintenance of
the Digital Library solution.

The SP shall comply with the requirements of all the Acts, Laws, Statutes,
Bylaws, Rules and Regulations for the purpose of fulfilling all the obligations of the
contract which shall include but not limited to the Major Port Trust’s Act, 1963,
the Indian Contract Act, the Dock Workers (Safety, Health & Welfare) Regulations,
1987, Motor Vehicles Act, Minimum Wages Act, 1948, Contract Labour (Regulation
and Abolition) Act, 1970, Industrial Dispute Act, 1947, Shops and Commercial
Establishment Act, Factory Act, 1948, Workmen’s Compensation Act, 1923, ESI Act,
1948, Payment of Wages Act, 1963, Bonus Act, Employees Provident Funds & Misc.

21
Provisions Act, 1952 etc. and such other applicable Central / State Acts from time
to time and take such steps as may be deemed necessary in this regard. All of the
Acts, Laws, Statutes, Bylaws, Rules and Regulations, mentioned above are
intended to be illustrative, not exhaustive.

(a). In case of SMP, Kolkata assets/property/employee suffers damage or

sustaining injury (fatal/non-fatal) as the case may be due to operation of Digital
Library Solution/ system provided by SP, the contractor/ SP shall be solely
accountable for all liabilities and losses thereof. In case of loss or damage of any
property or any material belonging to SMP, Kolkata, the contractor shall
immediately pay the required cost for making good the losses, as will be
ascertained by SMP, Kolkata official, or in lieu thereof, the contractor may also
repair / replace the damaged property to the satisfaction of SMP, Kolkata official,
within the period to be indicated by SMP, Kolkata.

(b). In case of loss of life or injury caused to any person, the SP shall immediately
pay the required compensation (as may also be decided by the statutory /
competent authority) to the affected party.
Note: In case of non-compliance with the above provisions, SMP, Kolkata will
be at liberty to realize the cost of compensation from any amount due to the
contractor.

The contractor/SP shall allow SMP, Kolkata or any statutory authority to

inspect the Digital Library solution and other associated infrastructure installed
and operated by the contractor under the provisions of the contract at all / any
point of time and take such action as may be directed by SMP, Kolkata or the said
statutory authority with regard to any or all the Digital Library and other
associated infrastructure.

The contractor/SP shall be responsible for payment of taxes, duties, cess,

assessment or any other charges which may be levied by any statutory authority
during the currency of the contract. If during the period of the contract, any new
tax / duty / cess or any other charge is imposed/levied by the Government / any
statutory authority having impact on the payable amount to the contractor only to
the extent of the services to be rendered after commencement of contract, then
the same would be paid by SMP, Kolkata to the contractor at actual on production
of relevant proof.

The contractor shall have to obtain required permits for entry into the dock for its
employees, workmen, security personnel, vehicles, tools and tackles, equipment
and accessories etc. following the procedure of SMP, Kolkata in vogue at KDS &
HDC. The required permits will be given free of cost only and RFID card/ tags will
be given on chargeable basis.

19.13: Third Party Security Audit: Third party security audit of the Digital Library
Solution by CERT-In Empanelled Information Security Auditing vendor is to be made within
3 months after Go Live.

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20.0 Data Ownership: SMP, Kolkata will have sole right on the data/ information
and reports generated by proposed solution and SP will be bound to share
complete data with SMP, Kolkata without any cost implication from day one.
Selected bidder/ SP may have to share the information with legally/ contractually
engaged service providers of port or any other authorized parties/ agencies as
directed by SMP, Kolkata. The selected bidder must not share the data to any
other party or agencies without prior permission of SMP, Kolkata and should
maintain confidentiality as per GoI (Govt. Of India) IT acts and Cyber security
policy & guidelines of SMPK. At the end of the contract, the SP shall transfer all
business data including code/scripts of the portal and mobile apps of the entire
solution/ project in a storage to be provided by SMP, Kolkata and the SP shall
destroy all data stored in their cloud storage and systems.

21 Confidential Information, Security and Data: The SP will promptly on the

commencement of the contract period supply to SMP, Kolkata the following:

I. Information relating to the current services rendered and performance

data relating to the performance of sub-contractors in relation to the
services;
II. Documentation relating to Project’s Intellectual Property Rights;
III. Project data and confidential information;
IV. All other information (including but not limited to documents, records
and agreements) relating to the services reasonably necessary to enable
Project or its nominated agencies, or its Replacement SP to carry out
due diligence in order to transition the provision of the Services to
Project or its nominated agencies, or its Replacement SP (as the case
may be).
If there is any update and changes made during the contract, SP needs to submit
the revised documents during the contact period. SP needs to sign NDA as per
Annexure-II.

22 Rights Of Access to Premises: At any time during the contract period including
extension period (if any), where assets pertaining to the Digital Library Solution
are located at the SP's premises, the SP will be obliged to give rights of access to
(or, in the case of Assets located on a third party's premises) SMP, Kolkata, and/or
any replacement SP in order to make an audit and study of the assets/ systems.

23 Facilities provided by SMP, Kolkata:

i. Content will be provided by (KDS&HDC) SMPK.

ii. SMP, Kolkata will provide raw power/ electricity for the equipment (if
any, installed by the SP) load may be provided on chargeable basis.
However, the SP shall keep arrangement for alternate power source at
their cost in the event of power failure in the dock for the said
equipment/devices.

23
 iii. If any centre or Office space or storage space or space for Data
Centre/Command required for the subject project by SP, it will be
provided on chargeable basis to SP.
iv. SMP Kolkata will lay electric line/ water pipeline from the point of
nearest source up to its place of requirement on chargeable basis.
v. Dock pass/permits will be given free of cost. However, RFID card and
Tags will be issued on chargeable basis.

24.0 Guaranteed Availability:

24.1 The Digital Library solution should be minimum 98.50% live and available
round the clock for end users. The bidder is requested to go through the SLA
clause for better understanding of SLA and availability/ uptime of Digital
Library Solution.

25.0 SLA & Penalty:

Service Level Agreement (SLA) is the contract between Port and the bidder. SLA
defines the terms of the Successful bidder’s responsibility in ensuring the timely
delivery of the deliverables and the correctness of the same based on the agreed
performance indicators as detailed in the NIT. This section defines various Service
Level Indicators which will be considered by Port in the Service Level Agreement
with Successful bidder.

a. Appropriate Penalties will be recovered from the total annual O&M support
payment (TAP) if successful bidder is not able to achieve required Service
levels during warranty/ Operation and Maintenance period of as mentioned
below:

SL SLA Target Penalties

NO Service Level
Requirement
01 Availability/Uptime of Digital 98.50 % or For each component
Library Solution. higher  98.50% or Better= NIL.
 98.00% to 98.49%=0.25% of
TAP.
 96.99 to 97.99% = 0.50% of
TAP.
 95.00 to 96.99% = 1.50% of
TAP.
 Less than 95% = 2.50% of TAP.

NOTE: The downtime will be measured as the time difference between the
communication of the breakdown of the system by SMP, Kolkata and restoration of
the system. For billing purpose, the total downtime will be calculated on yearly
basis.In the matter of imposing penalty for breach of SLA as mentioned above, the
decision of SMP, Kolkata shall be final and binding on the contractor.

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26.0 Adequacy of the tender:

The intending tenderers are expected to visit the sites and satisfy themselves on
the actual site conditions before tendering. Whatever information given in the
tender document is only intended as a general guidance for the contractor and no
warranty is given for the correctness of the same.

The information being provided in the Tender document does not relieve the
Bidders from carrying out the works to suit the specified needs. The Bidder shall
inspect the site and may conduct trials at their own cost and risk and use any and
every other method to ensure the adequacy of their offer including the suitability
and capability of the equipment proposed to be deployed for execution of the
work.

27.0 Payment Terms

Contractor/ SP shall submit bill complete in all respect as per payment scheduled
mentioned below along with all work done certificates, SLA, etc.

1. Capital Expenditure (Capex) Payment: 70% payment for capital work

excluding payment for security audit (BOQ SL no. 3) will be made after
successful implementation and acceptance as per the scope of work the
project by SMPK. Payment for the third party security audit (BOQ SL no. 3) will
be made at one go in full after completion of audit and submission of audit
report. Rest of the capex payment will be made after as per payment schedule
mentioned in table below:

Progress of
SL Miles
Capex Payment Time line Capex
NO Stone/Deliverables
Payment
70% of total Capex At Successful Go
a T0 70%
Payment Live.
After one Year
10% of total Capex
b completion of Go T0+1Y 70+10=80%
Payment
Live.
After two Year
10% of total Capex
c completion of Go T0+2Y 80+10=90%
Payment
Live.
After three Year
10% of total Capex
d completion of Go T0+3Y 90+10=100%
Payment
Live.
Table A: Capex payment schedule

2. Operation & Maintenance Support (O&M) Payment: Payment for the O&M
support will be paid on annual basis to SP as per accepted offer after

25
 successful completion of O&M support each year subject to any penalty as per
SLA & Penalty clause.
3. For additional use of Cloud Storage, payment will be made at the quoted rate as
and when required basis in full at one time.

*Note:
i. Total monthly payment is subjected to any penalty or deductions as per the
contract which may attract applicable GST. Proper GST invoice should be
submitted along with SLA reports for the billing period.
ii. SMP, Kolkata will endeavour to make payment through ECS within 30 days
from the receipt of corrected bills. All reports, work done certificate and
other supporting documents should be submitted along with invoices/ bills.

28.0 Contact person for Support.

An officer for single point of contact is required be maintained by the

Contractor (SP) for interacting /communicating with SMP,

29.0 BID Opening

The bid be opened on the scheduled date or a subsequent date as

mentioned above.

30.0 The GENERAL CONDITIONS OF CONTRACT (GCC) Of SMP, Kolkata:

The GCC may be downloaded from SMP, Kolkata website
(https://kolkataporttrust.gov.in/), ‘Homepage - Rule and Regulations - Non-
Service Regulations’- ‘General Conditions of Contract- Forms and Agreements’.

31.0 Termination Of Contract:

30.1 Without being liable for any compensation to the Contractor, the Trustees
may, in their absolute discretion, terminate the contract and enter upon the site
and works and expel the Contractor there from after giving him a minimum one
month’s notice in writing, due to occurrence of any one or more of the following
reasons and the decision of the Trustees in this respect, as communicated by the
Engineer shall be final, binding and conclusive:

a) If the Contractor fails to commence operation within 180 days from the date of
issue of ‘Work Order’. However, Engineer shall have the discretion to grant
additional time if he is satisfied that the grounds for delay are beyond the
control of the Contractor.

b) The Contractor has abandoned the contract.

c) The Contractor has failed to commence the works or has without any lawful
excuse under these conditions, has kept the work suspended for at least 15 days

26
 despite receiving the Engineer’s or his Representative’s written notice to
proceed with the work.

d) The Contractor is not executing the work in accordance with the contract or is
persistently or flagrantly neglecting to carry out his obligations under the
contract.

e) Any bribe, commission, gift or advantage is given, promised or offered by or on

behalf of the Contractor to any officer, servant or representative of the
Trustees or to any person on his or their behalf in relation to the obtaining or to
the execution of the contract.

f) The Contractor is adjudged insolvent or enters into composition with his

creditors or being a company goes into liquidation either compulsory or
voluntary.

30.2 In all such cases of Termination of work, the Trustees shall have the power
to complete the work through any other agency at the Contractor’s risk and
expense and the Contractor shall be debited any sum or sums that may be
expended in completing the work beyond the amount that would have been due
to the Contractor, had he duly completed the whole of the work in accordance
with the contract.

32.0 Law Of The Land

32.1 All relevant rules and regulations and laws regarding Trade Union, Labour,
Marine and Pollution Control must be complied with by the contractor at their own
cost. SMP, Kolkata shall be at liberty to deduct appropriate amount from the
pending bills of the contractor in case the contractor fails to comply with the
relevant rules and regulations and the consequential damages are to be borne by
SMP, Kolkata.

32.2 The Contractor shall at all times observe and comply with all prevailing laws
including regulations that are relating to works under the scope of the contract.
The contractor shall follow instructions in this regard given by SMP, Kolkata. The
Contractor shall carry out his work strictly in a manner which shall not obstruct or
endanger the usual operation and capacity of Cargo Handling Equipment, RFID
based PACS system and approaches thereto.

32.3 The Contractor shall take all possible precautions and measures to secure the
efficient protection of the docks, against pollution of whatever nature during the
execution of the work. He shall not allow at any time as refuse including plastic,
rubbish, etc. in whatever nature to be thrown into the water by his workmen or
any other agency employed by him.

33.0 Compliance Of Labour Act:

The contractor shall comply with the Contract labour (Regulation and Abolition)
Act, 1970, Employees State Insurance Act (if applicable), Workmen’s
Compensation Act, 1923, Minimum Wage Act, 1948 and Employer’s Insurance and

27
any other Labour and other Laws in force as on date (contractor being deemed to
be the employer in all cases).

34.0 Article Of Value:

All articles of value or antiquity and structures and other remains of geological or
archaeological interest found shall be deemed to be the property of the Trustees.
The Contractor shall take every precaution to prevent damage to any such article
and shall immediately report to the Engineer of the Contract or his representative
in writing of such discovery and carry out, at the Trustees’ expenses, Engineer’s
order as to their retrieval.

35.0 Force Majeure:

i) In the event of either party being rendered unable by ‘force majeure’ to
perform any obligation required to be performed by them under the contract, the
relative obligation of the party affected by such ‘force majeure’, shall upon
notification to the other party, be suspended for the period during which ‘force
majeure’ event lasts. The cost and loss sustained by either party shall be borne by
respective parties.

ii) The term ‘Force Majeure’ as employed shall mean acts of God, earthquake,
war, revolt, riot, fire, strike (excluding that of Contractor’s Suppliers or Sub-
Contractor’s Employees) and hurricane. Time of performance shall be extended
by the period of delay, which is directly caused by the ‘force majeure’. Upon the
occurrence of such cause and upon its termination the party alleging that it has
been rendered unable, as aforesaid, shall notify the other party in writing
immediately but not later than 48 (Forty eight) hours of the alleged beginning and
ending thereof, giving full particulars and satisfactory evidence in supports of its
claim.

iii) Time for performance of the relative obligation suspended by the ‘force
majeure’ shall stand extended by the period for which such cause lasts.

36.0 Interpretation Of Contract Documents, Disputed & Arbitration:

36.1 In all disputes, matters, claim demands or questions arising out of or

connected with the interpretation of the contract including the meaning of
Specifications, Drawings & Instruction or as to the quality of workmanship or as to
the materials used in the work or the execution of the work whether during the
progress of the works or after the completion and whether before or after the
determination, abandonment or breach of the contract, the decision of the
Engineer shall be final binding on all parties to the contract and shall forthwith be
given effect to by the Contractor.
36.2 If the Contractor is dissatisfied with any such decision of the Engineer / his
representative, he shall within 15 days after receiving notice of such award / decision,
requires that the matter shall be referred to Chairman or BoT, SMP, Kolkata for taking a
view on the dispute.

28
36.3 If there is still no settlement as mentioned at Clauses – 36.1 & 36.2, the
dispute or differences or claims as the case may be, shall be finally settled by
binding arbitration under the Arbitration and Conciliation Act, 1996 including all
amendments thereof. The arbitration shall be by a panel of three Arbitrators, one
to be appointed by each party and the third to be appointed by the two arbitrators
appointed by the parties. A party requiring arbitration shall appoint an Arbitrator
in writing, inform the other party about such appointment and call upon the other
party to appoint its Arbitrator and inform the other party within 60 days. If the
other party fails to appoint its Arbitrator, the party appointing Arbitrator shall take
steps in accordance with Arbitration and Conciliation Act, 1996, including any
amendment thereof.

36.4 Notwithstanding anything contained herein above, Employer also reserve the
right to invoke arbitration in all disputes, matters, claim demands or questions
arising out of or connected with the interpretation of the contract including the
meaning of Specifications, Drawings & Instruction or as to the quality of
workmanship or as to the materials used in the work or the execution of the work
whether during the progress of the works or after the completion and whether
before or after the determination, abandonment or breach of the contract etc.

36.5 The place/ jurisdiction of arbitration shall be in Kolkata, West Bengal, India.

36.6 The fees and expenses of the arbitrators and all other expenses of the
arbitration shall be initially borne and paid equally by respective Parties subject to
determination by the arbitrators. The arbitrators may provide in the arbitral award
for the reimbursement to the successful Party of its costs and expenses in bringing
or defending the arbitration claim, including legal fees and expenses incurred by
the Party.

36.7 Pending the submission of and / or decision on a dispute, difference or

claim or until the arbitral award is published; the Parties shall continue to perform
all of their obligations under this Agreement without prejudice to a final
adjustment in accordance with such award.

36.8 The request for arbitration, the answer to the request, the terms of
reference, any written submission, any order and ruling shall be in English
language and if oral hearings take place, English shall be the language to be used
in the hearing.

36.9 Any decision or award resulting from arbitration shall be final and binding
upon the Parties. The Parties hereto agree that the arbitral award may be
enforced against the Parties to the arbitration proceeding or their assets wherever
they may be found and that a judgment upon the arbitral award may be entered in
any court having jurisdiction thereof.

29
 Provided Aalways As Follows:

a) The Contractor shall have to raise disputes or differences of any kind

whatsoever, in relation to the execution of the work to the Engineer within 30
days from the date of occurrence of the cause of dispute and before the
preparation of the final bill, giving detailed justifications, in the context of
contract conditions.

b) No dispute or difference on any matter whatsoever pertaining to the contract

can be raised by the Contractor after submission of certificate in form G.C.3
by him.

c) Contractor’s claim/dispute raised beyond the time limits prescribed in Sub-

clauses (a) & (b) herein above, shall not be entertained by the Engineer and /
or by any Arbitrator, subsequently.

BILL OF QUANTITIES (BOQ)

Preamble To Bill Of Quantities

37. General

37.1 The Bill of Quantities must be read with the instruction to the bidder,
Drawings, General Conditions of Contract and Special Conditions of Contract &
Technical Specification and the Contractor is deemed to have examined and to
have thoroughly acquainted himself with the detailed descriptions of the works to
be done, and the way in which it is to be carried out.

37.2 The Contractor shall be bound to carry out the work at the accepted rates
and shall not be entitled to any additional claim or compensation whatsoever.

37.3 The rates quoted shall be in both figures and words and that in words shall
prevail.

38.0 Format Of Price BID:

BOQ:

BoQ Description of items Quant Unit/Se Rate excluding Total

Sl. ity t GST (INR) cost
No. (A) (B) excludi
ng GST
(INR)
(C)
1 Design, development, security audit, 1 set
domain name registration, hosting, Go-

30
 Live and warranty for 03 years post Go-
Live for Digital Library portal and Mobile
APP (iOS& Android) on turnkey basis as
per the scope of work.

2 Hosting of the solution and Cloud Storage 5 TB

3 Third party security audit of the Digital 1 set
Library Solution by CERT-In Empanelled
Information Security Auditing vendor
4 Any other item if required 1 Lump
sum
5 O&M Support for 03 years post Go-Live 3 Year
for Digital Library portal and Mobile APP
(iOS& Android)
Grand Total

*Note:
I. The quoted price will be valid for entire duration of 3-year contract from Go
Live. No escalation in price bid will be entertained during the entire
contract period.

II. Period of contract: Contract will be for a period of three (3) years from the
date of acceptance of the solution as per the scope of work of the instant
tender.

III. GST shall not be considered for evaluation. However, GST will be paid as per
applicable rate. Evaluation will be made on the basis of Grand Total of
BoQ SL 1,2,3,4 &5.

IV. For additional use of Cloud Storage, payment will be made at the quoted
rate as and when required basis in full at one time.

V. The Capex is comprised of BoQ Sl. No.1,2,3 & 4. O&M expenditure is comprised of
BoQ Sl. No.5.

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 FORM 41: Form of Bid Security Declaration Annexure-I

Date: [insert date (as day, month and year)]

Bid No.: [insert number of bidding process]
Alternative No.: [insert identification No if this is a Bid for an alternative]

To: [insert complete name of Employer]

We, the undersigned, declare that:

We understand that, according to your conditions, bids must be supported by a Bid-

Securing Declaration.

We accept that we will automatically be suspended from being eligible for bidding in any
contract with the entity that invited Bids for the period of time of [insert number of
months or years] starting on [insert date], if we are in breach of our obligation(s) under
the bid conditions, because we:

(a) have withdrawn our Bid during the period of bid validity specified in the Letter of
Bid; or

(b) having been notified of the acceptance of our Bid by the Employer during the period
of bid validity, (i) fail or refuse to execute the Contract, if required, or (ii) fail or
refuse to furnish the Performance Security, in accordance with the ITB.

We understand this Bid-Securing Declaration shall expire if we are not the successful
Bidder, upon the earlier of (i) our receipt of your notification to us of the name of the
successful Bidder; or (ii) twenty-eight days after the expiration of our Bid.

Name of the Bidder* [insert complete name of

person signing the Bid]

Name of the person duly authorized to sign the Bid on behalf of the Bidder** [insert
complete name of person duly authorized to sign the Bid]

Title of the person signing the Bid [insert complete title of the person signing the Bid]

Signature of the person named above [insert signature of person

whose name and capacity are shown above]

Date signed _[insert date of signing]day of [insert month], [insert year]

*: In the case of the Bid submitted by joint venture specify the name of the Joint Venture
as Bidder

**: Person signing the Bid shall have the power of attorney given by the Bidder to be
attached with the Bid[Note: In case of a Joint Venture, the Bid-Securing Declaration must
be in the name of all members to the Joint Venture that submits the bid.]

32
 Annexure-II

NON-DISCLOSURE AGREEMENT

THIS AGREEMENT is made on this the <***> day of <***> 20--- at <***>, India.

BETWEEN
------------------------------------------- having its office at 15, Strand Road,
Kolkata-700 001 India hereinafter referred to as ‘SMPK, which expression shall,
unless the context otherwise requires, include its permitted successors and
assigns); AND
<*****>, a Company incorporated under the Companies Act, 1956, having its
registered office at <*****> (hereinafter referred to as ‘the Service Provider/SP’
which expression shall, unless the context otherwise requires, include its
permitted successors and assigns).
Each of the parties mentioned above are collectively referred to as the ‘Parties’
and individually as a ‘Party’.
WHEREAS:
1. SMPK is desirous to implement the project of Digital Library at KDS, SMPK.
2. SMPK and Managed Service Provider have entered into a Master Services
Agreement dated <***> (the “MSA”) as well as a Service Level Agreement dated
<***> (the “SLA”) in furtherance of the Project.
3. Whereas in pursuing the Project (the “Business Purpose”), a Party
(“Disclosing Party”) recognizes that they will disclose certain Confidential
Information (as defined hereinafter) to the other Party (“Receiving Party”).
4. Whereas such Confidential Information (as defined hereinafter) belongs
to Receiving Party as the case may be and is being transferred to the Disclosing
Party to be used only for the Business Purpose and hence there is a need to
protect such information from unauthorized use and disclosure.

NOW THEREFORE, in consideration of the mutual covenants, promises,

assurances, representations and provisions set forth herein, the Parties hereto
agree as follows:

IN WITNESS WHEREOF THE PARTIES HAVE EXECUTED AND DELIVERED THIS

AGREEMENT AS OF THE DATE FIRST ABOVE WRITTEN.

SIGNED, SEALED AND DELIVERED SIGNED, SEALED AND DELIVERED

33
 For and on behalf of Trustee of For and on
behalf of the SMPK Agency by:

(Signature) (Signature)

(Name): Shri. (Name) Shri.

(Designation): (Designation)
(Address) (Address)

In the presence of:

1. 1.
2. 2.

34
 Appendix-1

(I) Details in respect of the Company /Firm (Indian /Foreign).

Sl. Name Date of Address of Previous Details of earlier approvals,

No. of Firms registration Head Office, name of the if any (ref. No. & date)
/ of the Regional company if
Bidders. Company. Office and any.
Registered
Office.

(II) Details in respect of Director.

Sl. Full Presen Date Parentag Present Nationalit Passpo Contact

No name of t of e. & y. rt No. address
. Board of positio Birth Permane and &
Director n held . nt issue telepho
s. with address. date if ne
date any. number.
(since
when)
.
1 2 3 4 5 6 7 8 9

(III) Details of Shareholders of applicant company (All firms

/companies/entities/individuals having shareholding more than 10%.):

Sl. Full Parentage Date Permane Presen Presen Nationalit % of

No nam Father/Moth of nt t t y (if shares
. e. er. Birt address. addres positio holding held in
h. s. n held duel the
in the nationalit Compan
compa y, both y.
ny if must be
any. clearly
mentione
d).

35
(IV) Details of criminal cases, if any against the Company / Director (s) as per
Annexure.

SECRET
Self declaration for company of Director(s) for whom security clearance is
sought.

a. Name and address and registration number of the company:

b. Name and address of owners, promoters and directors of the company:

1. -----------------------------------------------------------------
2. -----------------------------------------------------------------
3. -----------------------------------------------------------------
4. -----------------------------------------------------------------

c. Is the company owners, promoters or directors listed above the subject of

any:

1. Preventive detention proceedings (PSA/NSA etc.): Yes / No.

2. Criminal proceedings : Yes / No.

d. If, Yes. Please provide following details.

1. Detention / Case /FIR/ Warrant number:

2. Police station / District / Agency:
3. Section of law:
4. Name and place of the court:

e. The above mentioned details are in respect of both India and any other foreign
country.

Note: The above self declaration is required to be filled and signed by the
authorised signatory of the company.

36
 APPENDIX- 2

Format For Power Of Attorney For Signing of Tender

(To be executed before Notary Public on a Non-Judicial Stamp Paper of at least Rs
10)
Dated: ________________

POWER OF ATTORNEY
To whomsoever it may concern

Mr. __________________________________ [Name of the Person(s)], residing at

_______________________________[Address of the person(s)], acting as
_______________________ (Designation of the person and name of the firm), and
whose signature is attested below, is hereby authorized on behalf of
_______________________________________ [Name of the Tenderer (in case of a
consortium, name of the lead member)] to sign the tender [(Tender No.
……………………………..and (Tender subject- “……………………………”)] and submit the
same and is hereby further authorized to provide relevant information/ document
and respond to the enquiry’s etc. as may be required by SYAMA PRASAD
MOOKERJEE PORT, KOLKATA (SMP, Kolkata) in respect of the tender.

And I/ we hereby agree that all acts, deeds and things lawfully done by our said
attorney shall be construed as acts, deeds and things done by us and I/ we
undertake to ratify and confirm all and whatsoever that my / our said attorney
shall lawfully do or cause to be done for me / us by virtue of the power hereby
given.

(Attested signature of Mr. _______________________________)

For _______________________________(Name of the Tenderer / Consortium
Members with Seal)

Note –

(In case of Consortium, representative of all members must sign)

37
 Appendix - 3

Profile Of The Tenderer

1. (a) Name
(b) Country of incorporation
(c) Address of the corporate headquarters and its branch office(s), if any
in India.
(d) Date of incorporation and commencement of business.

2. Brief description of the Company including details of its main lines of

business and proposed role and responsibilities in connection with
implementation of the tender.

3. Details of individual(s) of the tenderer (Lead Member in case of Consortium)

who will serve as the point of contact/ communication with SMP, Kolkata.
(a) Name :
(b) Designation :
(c) Company :
(d) Address :
(e) Telephone Number :
(Land & Mobile)
(f) E-Mail Address :
(g) Fax Number :

4. Details of Authorized Signatory of the Tenderer:

Name :
Designation :
Company :
Address :
Telephone No. :
(Land & Mobile)
Fax No. :
Email Address :

5. In case of a Consortium:

38
 a. The information above (1-4) should be provided for all the members
of the consortium.
b. information regarding role of each member should be provided as per
table below:

Sl. No. Name of Member Role

1.
2.
3.
4.

Signature of Power of Attorney Holders ...………………………………….

Name: ………………………………………….
Designation: ……………………………………
Date : ………………………………………..
Seal

39
 Appendix - 4

Covering Letter

Dated:
To,
Chief Hydraulic Engineer, HSD
SYAMA PRASAD MOOKERJEE PORT, KOLKATA,

Dear Sir,

1. I/we, _________________________________ (Name of tenderer) having

examined the Tender Document and understood its contents, hereby submit
our tender for ……………………………………….. at Haldia Dock Complex, SYAMA
PRASAD MOOKERJEE PORT, KOLKATA.

2 All information provided in the tender including Addenda and in the

Appendices are true and correct and all documents accompanying such
tender are true copies of their respective originals.

3. I/We shall make available to SYAMA PRASAD MOOKERJEE PORT, KOLKATA

(hereinafter referred to as SMP, Kolkata) any additional information it may
find necessary or require to supplement or authenticate the Tender

4. I/we acknowledge the right of SMP, Kolkata to reject our tender without
assigning any reason or otherwise and hereby waive our right to challenge
the same on any account whatsoever.

5. I/we also certify the following

a. I/we / any of the consortium member (as the case may be) have not been
debarred by the Central/State Govt. or any entity controlled by them or any
other legal authority for participating in any tender / contract / agreement
of whatever kind

b. I/we certify that in the last three years, I/We/any of the consortium
members or our / their associates have neither failed to perform on any
contract, as evidenced by imposition of a penalty by an arbitral or judicial
authority or a judicial pronouncement or arbitration award, nor been
expelled from any project or contract by any public authority/entity nor

40
 have had any contract terminated by any public authority / entity for
breach on our part.

6. I/we declare that :

a) I/we have examined and have no reservations to the Tender

Document, including the Addenda issued by SMP, Kolkata thereon.

b) I/we hereby certify that we have taken steps to ensure that no

person acting for us or on our behalf will engage in any corrupt,
fraudulent or coercive practices to influence the evaluation process
of the tender.

7. I/we understand that SMP, Kolkata 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 reason thereof.

8. _______________________________( Name of Tenderer) hereby undertakes

that I/we will abide by the decision of SMP, Kolkata in the matter of
examination, evaluation and selection of successful tenderer and shall
refrain from challenging or questioning any decision taken by SMP, Kolkata
in this regard.

Thanking you,
Yours faithfully,

Signature of Power of Attorney Holder(s)…………………………………….

Name: …………………………………………..

Designation: ……………………………………

Date : ………………………………………..

Seal

41