Final Tender - Mazagon Dock Shipbuilders...DIVISION-SHIP BUILDING DEPARTMENT-MATERIAL PROCUREMENT...

45
GM(M)/MTI/2000007617/Passivation Station Page 1 of 45 MAZAGON DOCK LIMITED (A Government of India Undertaking) Dockyard Road, Mazagon, Mumbai 400 010. INDIA Certified – ISO 9001: 2015 For Shipbuilding Division Tel. No.: (022) 23763248/3256. Fax: (022) 2373 8151 E mail: [email protected] Website: www.mazagondock.in [email protected] e-Procurement site: https://eprocuremdl.nic.in e-TENDER ENQUIRY (TWO- BID SYSTEM) FOR PURCHASE OF ITEMS DIVISION-SHIP BUILDING DEPARTMENT-MATERIAL PROCUREMENT Tender no.: GM(M)/MTI/2000007617 for the Engineering, Manufacturing, Supply/Installation, Erection, Testing & Commissioning of Passivation Station for CU-NI Pipelines with Mobile Station. िनिवदा .: िजएम् ( एम् )/एमटीआय/२०००००७६१७ फॉर द इंजीिनयरंग, मैुफैरंग, साई/इंालेशन, इरेन, टेींग & कमीशिनंग ऑफ़ पैवेशन ेशन फॉर CU-NI पाइपलाइ िवथ मोबाइल ेशन. Tender Date: 24.07.2020 Tender Due Date: 17.08.2020 Time at: 1400 Hrs िनिवदा ᳰदनांक: 24.०७.२०२० िनिवदा बंद होने की ितिथ: 17.०८.२०२० समय:१४०० बजे Tender Opening Date: 18.08.2020 Time at: 1500 Hrs िनिवदा खुलने की ितिथ: 18.०८.२०२० समय:१५०० बजे EMD: INR 3,58,600/- (Rupees Three Lakhs Fifty-Eight Thousand Six Hundred only ). बयाना राशी: ३,५८,६००/- (पये तीन लाख अठावन हज़ार छे सौ केवल) GeM GeM GeM GeM :- Report ID :- GEM/GARPTS/20072020/SS5LFDEQFSO MAZAGON DOCK SHIPBUILDERS LIMITED INVITES ON-LINE COMPETITIVE BIDS from reputed Bidders / Vendors in TWO BID SYSTEM (Part-I Techno Commercial Bid and Part-II Price Bid) on our e- procurement portal, for the following work/Supplies: Issue of Tender enquiry document: - The tender enquiry can be downloaded from our website https://eprocuremdl.nic.in / www.mazagondock.in (Path:- Tenders-Shipbuilding-Material Purchase) and from CPP portal. Note: - This Tender is to be filled through E- tendering mode only on E Procurement Portal. Online bids on our E- procurement portal only will be accepted. Bids submitted in any form other than online submission will not be accepted. 1. Description of Work / Supplies / Services: Sr No Description of Item Quantity Delivery period (Completion of complete scope including Supply installation, testing & Commissioning) Within 6 months from PO date 01 Engineering, Manufacturing, Supply/Installation, Erection, Testing & Commissioning of Passivation Station for CU-NI Pipelines with Mobile Station 01 SET Within 6 months from PO receipt date

Transcript of Final Tender - Mazagon Dock Shipbuilders...DIVISION-SHIP BUILDING DEPARTMENT-MATERIAL PROCUREMENT...

Page 1: Final Tender - Mazagon Dock Shipbuilders...DIVISION-SHIP BUILDING DEPARTMENT-MATERIAL PROCUREMENT Tender no.: GM(M)/MTI/2000007617 for the Engineering, Manufacturing, Supply/Installation,

GM(M)MTI2000007617Passivation Station

Page 1 of 45

MAZAGON DOCK LIMITED

(A Government of India Undertaking)

Dockyard Road Mazagon Mumbai 400 010 INDIA

Certified ndash ISO 9001 2015 For Shipbuilding Division

Tel No (022) 237632483256 Fax (022) 2373 8151

E mail mtiqbalmazdockcom Website wwwmazagondockin

erthomasmazdockcom e-Procurement site httpseprocuremdlnicin

e-TENDER ENQUIRY (TWO- BID SYSTEM) FOR PURCHASE OF ITEMS

DIVISION-SHIP BUILDING DEPARTMENT-MATERIAL PROCUREMENT

Tender no GM(M)MTI2000007617 for the Engineering Manufacturing SupplyInstallation Erection Testing amp Commissioning of Passivation Station for CU-NI Pipelines with Mobile Station

िनिवदा िजएम(एम)एमटीआय२०००००७६१७ फॉर द इजीिनयरग मफ रग साईइ$ालशन इर(न ट$ीग amp

कमीशिनग ऑफ़ प-वशन $शन फॉर CU-NI पाइपलाइ िवथ मोबाइल $शन Tender Date 24072020 Tender Due Date 17082020 Time at 1400 Hrs

िनिवदा दनाक 24०७२०२० िनिवदा बद होन की ितिथ 17०८२०२० समय१४०० बज

Tender Opening Date 18082020 Time at 1500 Hrs

िनिवदा खलन की ितिथ 18०८२०२० समय१५०० बज

EMD INR 358600- (Rupees Three Lakhs Fifty-Eight Thousand Six Hundred only)

बयाना राशी ३५८६००- (Bपय तीन लाख अ Dठावन हज़ार छ सौ कवल) GeMGeMGeMGeM - Report ID - GEMGARPTS20072020SS5LFDEQFSO

MAZAGON DOCK SHIPBUILDERS LIMITED INVITES ON-LINE COMPETITIVE BIDS from reputed

Bidders Vendors in TWO BID SYSTEM (Part-I Techno Commercial Bid and Part-II Price Bid) on our e-procurement portal for the following workSupplies

Issue of Tender enquiry document - The tender enquiry can be downloaded from our website

httpseprocuremdlnicin wwwmazagondockin (Path- Tenders-Shipbuilding-Material Purchase) and from CPP

portal

Note - This Tender is to be filled through E- tendering mode only on E Procurement Portal Online bids on our E-

procurement portal only will be accepted Bids submitted in any form other than online submission will not be

accepted

1 Description of Work Supplies Services

Sr

No

Description of Item Quantity Delivery period

(Completion of complete scope including

Supply installation testing amp Commissioning)

Within 6 months from PO date

01 Engineering Manufacturing SupplyInstallation

Erection Testing amp Commissioning of Passivation

Station for CU-NI Pipelines with Mobile Station

01 SET Within 6 months from PO receipt date

GM(M)MTI2000007617Passivation Station

Page 2 of 45

2 TECHNICAL SPECIFICATION FOR PASSIVATION STATION

PASSIVE STATION FOR Cu-Ni CIRCUIT (PIPELINE)

Scope of Work and Scope of Supply

Supply Installation Erection Testing and Commissioning of Passivation Station for Cu- Ni

pipelines Qty - 01 No

General Description of the equipment

The function of the passivation station of Cu-Ni (70-30) pipelines circuits is to protect these circuits from erosion corrosion and optimize their life duration

The passivation station of Cu-Ni (70-30) pipelines circuits will be a mobile station and therefore will be modular All its elements indicated below will be fitted into a standard

container The passivation station will consist of the following elements 1 A water storage tank of approximately 2 msup3 made of glass fiber reinforced polyester (GFRP)

The tank will be preferably cylindrical It will be an enclosed container in order to avoid the

water overflow when in movement The tank will have a manhole of big dimensions for

inspection purposes It will be an atmospheric tank The connection with the atmosphere will be

located outside the container The tank will have a visual level indicator (easy reading and calibrated) It will have three DN80 penetrations with a standard ISO flange in the ends

connecting the isolation valves The tank outlet will be located in the lowest part of the tanks and its location in the container will be over the aspiration(suction) of the electric pump groups

facilitating the priming to the pump 2 A DN80 isolation valve in each input or output of the storage tank The valves will be made

of materials resistant to the seawater (polypropelene)

3 It will have two (2) additive dosing systems- one for iron sulphate and the other for sodium

chloride (sea salt) which will drop their products in the storage tank after keeping them in the

temporary storing tanks for their preparation In the case of the sodium chloride the temporary

tank will be a salt brine tank of 300 liters which will be capable of dissolving at least 70 kg of

sodium chloride in fresh water The addition of salt to the brine tank will be done manually

The brine of this tank will be introduced into the storing tank by means of a pump in

thermoplastic polymers with a flow of 40 lm The pump shut- off would be controlled from the

control panel and station automations when the resistivity reaches value equipment to a salinity

of 35 The brine tank as the pump and the rest of elements will be materials resistant to

seawater In the case of the iron sulphate the temporary container will be an open propylene

tank with cover where the iron sulphate dose will be introduced weighted previously in 10

gram bags to be mixed with water From this tank the mixing will be transferred to the main tank by means of a peristaltic pump The size of the receiving containers will be enough in

order to store the maximum dose full storing tank taking into account that the proportions must be 5 gm of iron sulphate per msup3 of fresh water and 35 gm of sodium chloride per liter of fresh

water 4 Two input lines to the feeding tank and one output line of DN80 The lines will be made of

galvanized steel At the start of the input lines to the tank standard flange connections will be fitted located in the outside of the container These input lines will go through the container

using a penetration

5 A galvanized steel manifold (DN80) will be fitted on the output valve of the storing tank

which will supply the electric pump groups Two (2) electric pump groups each group having a

centrifugal electric pump of high capacity and another one of low capacity The high capacity

electric pump will be of 40 msup3 hr and an elevation head of 22 m The low capacity electric

pump will be of 6 msup3 hr and an elevation head of 10 m The aspiration (suction) and discharges

of the pumps will be of DN80 The electric pumps will be made of materials compatible with

the materials used in the piping and with salt water (at rest and in motion) The reference

pressure of the pumps will be the normal pressure in the fresh water circuit of a city

GM(M)MTI2000007617Passivation Station

Page 3 of 45

Each pump will have a start-up shut-off panel which will allow the speed regulation of those

pumps in order to adjust the flow depending on the operator needs Those control panels will be

integrated in the general control and automation panel of the station

6 Each electric pump will be isolated from the circuit by means of an isolation valve in the

DN80 aspiration and by means of a DN80 non-return valve in the discharge

7 A 50microm and DN80 solid particle filter will be located after each one of the electric pump

groups Each filter will have a by-pass line of the filter operated by means of a 3 ways 2 position DN80 valve

8 The discharges of each electric pump group will be DN80 in galvanized steel and will end in a standard flange connection located outside the container

9 In each one of the discharge lines pressure sensors and flow meters will be positioned which will provide the signal to the control panel of the station In each feeding line of the storing

tank resistivity meters will be located which will provide the signal to the control panel of the station

10 The station will also include four flexible ducts (hose) for the connection to the four quick

connections (DN80 and 50 m long) The material of flexible ducts will be resistant to seawater

The connections of the flexible ducts will be standard type

11 A general control and automation panel of the station which will have two different running modes rinse and complete treatment In rinse mode once the pumps are started up the panel

will control the station shut-off when the measured resistivity is higher than 2000 Ohmscm In complete treatment mode the system will carry out first a rinse operation and then when it

stops because the system has reached 2000 Ohmscm the system will request the operator to continue with the treatment pouring the contents of the two receiving containers of the

additives in the storing tank and then starting up the main pumps In the case of the sodium

chloride container it will start up the pump in thermoplastic polymers which will stop

automatically when the resistivity reaches a value equivalent to a salinity of the 35 This

way if after 10 minutes the resistivity is not under 1750 Ohmscm the panel will stop the

pumps and will indicate by means of an alarm that the system has no additives and that it is

necessary to refill the containers The panel will again request the operator to continue the

treatment Once the treatment is restarted if it is not stopped due to the reason indicated above

the station will work in non-stop mode during 48 hours After this period it will stop

automatically If the station stopped due to any reason before that period it would be indicated

by means of a visual alarm that the station has finished the treatment before it should The

panel will display the resistivity value measured by the resistivity meters as the flow and

pressure valves measured by the flow meters and the pressure sensors

12 The container will be fitted with the necessary elements for the correct operation of the station (light ventilation etc)

13 The station will allow carrying out the maintenance operations of Cu-Ni (70-30) circuits before the first launching and also after any immobilization period of the submarine in dock

14 The station must be dimensioned for a non-stop running during at least two days in a row 15 The station will work in a closed circuit

16 The station elements must be prepared for working in a marine environment and with the close presence of seawater

17 Fluid to be contained- Salt water equivalent to seawater The design pressure will be 2 bars

18 All the elements of the station will be fixed rigidly to the container by means of a seating

19 The manifolds as the pumps and valves will have connections by means of standard ISO

flange made of the same material than the pipe with butt joint (an elastomer with fiber glass

without asbestos) The joining of different flanges will be done by means of threaded rod and

steel nut 88 8 respectively Galvanized steel tab washers will be used for interlocking of nuts

20 The connections with the external flexible hoses should be done by means of standard

flange connections All the necessary elements for the connection and tightness (screws joints

etc) of the different flexible hoses will be included The quality of the elements will be the

same one that for the rest of flange connections

GM(M)MTI2000007617Passivation Station

Page 4 of 45

21 The flexible hoses should be made of a material compatible with seawater A standard

flange will be fitted in the ends They are designed and manufactured so to withstand their own

weight suspended from both ends They are protected against scratches caused by the hose

contact with the floor metallic edges etc

22 All the elements must fit in a standard container The necessary spaces for maintenance and

disassembly of the elements should be provided along with the necessary spaces for the station

operation 23 The station will be supplied with three-phase alternating current from the shipyard 415 V

network The network connection will be located in the outside of the container by means of a standard plug

24 All elements which need power supply will be provided with 415 V three-phase AC current If the measurement elements must work under a different voltage or under DC the necessary

elements for the correct equipment working (transformers rectifiers etc) will be provided inside the control panel or inside any other electric panel

25 The container will have the necessary elements for the correct ventilation of the inside of the

container Preferably this ventilation will be natural

26 The Safety Equipment must be in accordance with the standard requirements

27 The expected life duration is 35 years with normal maintenance operations 28 The normal maintenance operation will be as simple and will require a minimum additional

space 29 Materials

bull The material of the tank will be glass fiber reinforced plastic (GFRP) made up of type E glass fiber roving fabrics and polyester resin

bull The material of pipes and flanges will be galvanized

bull The materials of the flexible hose will be resistant to seawater resistant to fretting and

resistant to other agents (solar radiation etc)

bull The materials of all valves will be seawater resistant

30 Tests Under Pressure

The tests will be carried out with fresh water

Service pressure = 2 bar

Tightness test pressure = 3 bar

Resistance test pressure = 3 bar

31 Tests under working conditions

A working test of the station will be carried out so that the operative capacities of the station can

be verified The correct working of the electric pumps and in the control and signal panel of the

station will be verified Also the correct working of the automation system will be check as the adequate proportion in the generation of the mixing

General Conditions 1 The power supply available in the yard is 3 phase 415 V 50 Hz and 230 Volts 50 Hertz The

station should work on this power supply 2 All test parameters are to be recorded and submitted as part of documentation

3 Bidder has to submit the detailed technical specifications with the catalogues GA drawings Electrical drawings for control panels and circuit isolation protective panel if any operation

and maintenance manuals trouble shooting defect rectification in quadruplicate

4 All the materials used should have test certificates and conform to their respective

specifications and third party acceptance certificates are to be submitted to MDL

5 Bidder shall submit complete quality plan and get it approved by MDL within a month time

from the date of receipt of order

6 Firm shall supply 3 copies of operating and maintenance instruction manual to MDL and it

should indicate the following

bull Precautions to be taken during operation and maintenance

bull Trouble shooting chart and rectification methods

bull Recommended list of spares part

bull A print of as fitted drawings

GM(M)MTI2000007617Passivation Station

Page 5 of 45

7 Any deviation from the scope of work terms and condition to be listed separately

Spares

The Supplier should provide the following along with the passivation station

1Special maintenance tools emergency spares (mechanical electrical) and a list of the same to

be submitted with the offer

2Supplier to submit quote for 2 Years recommended maintenance spares indicating Part No

Quantity rate along with validity of rates etc along with offer 3 Minimum quantity of chemicals required for passivation (chemical spares) are Sodium

Chloride 250 Kg amp Iron Sulphate 250 Kg 4Spare Pump Qty-1 Nos with a discharge of 40 cubic meterhour and a discharge head of 22m

5Mechanical seal for the pump at SrNo4 Qty-3 Nos

Maintenance The normal maintenance operation should be simple amp require a minimum additional space

Inspection and Certification

1Third Party Inspection (viz IRS ABS DNV EIL) is to be carried out by the Bidder at their

own cost at factory for workmanship The stage of inspection (QA plan) to be submitted with 30 days after placement of order for approval by MDL

2Factory acceptance trial shall be witness by representative of MDL at supplier premises along with the third party inspection agency for which supplier has to send the prior information of at

least 20 days in advance The charges for MDL personnel will be borne by MDL 3In Factory Acceptance Trail (FAT) several test trail should be performed to verify the

capability of the equipment to meet the required quality of passivation on pipeline circuit The

supplier should submit the FAT procedure to MDL within 30 days after placement of order for

approval

4Receipt inspection shall be carried out on receipt of the equipment at MDL by MDL (QA-

EY) representative

Installation and Commissioning

1Supplier shall be responsible for setting to work and commissioning of the station at East

yard MDL The Supplier is solely responsible if commissioning period extends due to any

reason not attributed to MDL

2Supplier shall arrange all manpower tools and any other items required for commissioning of

the station

3Bidder to give the details of space required for installing the station power supply and any

other requirements to be provided by MDL for working of this system within one month from

the date of placement of order MDL will provide Electric supply compressed air and water free

of cost All charges of installation commissioning service Engineer to be borne by the Bidder

4Spares consumed while setting the passivation station to work commissioning shall be

replaced by the bidder one to one basis free of cost 5Foreign Bidders shall give details of their nominated servicing firm in India to carry out the

installation of the machine and after sales services

Training

Bidder has to impart complete training on operation amp maintenance of the station to Operatives

amp maintenance personnel after successful commissioning

Warranty 1Supplier shall warranty the performance of the station for a period of 12 months after

commissioning or 24 months after receipt of station at MDL whichever is earlier During this period defects if any shall be attended free of cost within 10 working days on being notified

GM(M)MTI2000007617Passivation Station

Page 6 of 45

2The Supplier shall supply the spares of equipment as and when projected for period of ten

years after acceptance of the machine

3Electrical and electronic components shall be so chosen from ranges for which after- sales

support and spares suppliers are guaranteed for a period of 10 years after acceptance of the

machine

Delivery Within 4 months from the date of placement of order Final acceptance of machine on site after

Verification that the machine is complete and conforms to the present specification and all checks are in conformity

30 Prequalification Criteria

31 Pre-Qualification CriteriaDocuments-

311 Bidders Company Profile and Organization Chart

312 Bidders supporting documents for type of company such as -

a Shop amp Establishment registration certificate

b Certification from registrar of firms

c Certificate of Incorporation by registrar of company

313 List of equipment held by them with model year working status along with details of their

manufacturing facilities and personnel with designation qualification and experience to

determine their capabilities NSIC SSI registered bidders are requested to submit the valid

registration certificate indicating the capacity alternatively

314 Audited Certified Balance sheet Profit Loss account for past 3 years(2016-17 2017-18 amp

2018-19)

315 The bidder should have a minimum average turnover of at least for Rs 5379000- during the

last 3 years and shall submit last three years ie 2015-16 2016-17 amp 2017-18 audited balance

sheet amp Profit amp loss account statement Documents should be in English language

316 The bidder should have executed orders of similar supplies of value of at least for

Rs 8965000- during the last 03 years from tender closing date and shall submit Purchase

order copies along with work completion certificate Documents should be in English language

Similar supplies defined as ldquoSupply installation and commissioning of PASSIVATION

STATIONrdquo

317 Declaration by bidders that the firm is GST registered Non GST registered registered under

composition scheme

318 Only bids from OEM will be consider against this tender

GM(M)MTI2000007617Passivation Station

Page 7 of 45

NOTE - (1) Submission of documents mentioned above is mandatory for every bidder Bidders need

to submit supporting documentary evidence in support of the Pre-Qualification Criteria Viz

Work Order Work Completion Certificate issued by the party for whom the work is done

(2) Bidders registered with Mazagon Dock Shipbuilders Limited should furnish copy of valid

registration certificate

(3) MDL has a right to demand for hard copy of any of the above documents any other document amp verify cause verification of authenticity of the said documents or may carry out

site visit whenever felt necessary Bidders shall comply with the same If the document

verification is not found satisfactory to MDL and on verification if the document is not found

authentic to MDL offer is liable for rejection MDLrsquos decision in this regard will be final and

binding on the bidder without stating any reason whatsoever it may be

4 Validity Period Bids Offers shall have a validity period of 120 days from the tender closing date A

bid valid for a shorter period will be liable for rejection by MDL as non-responsive Technically accepted bidder will be given opportunity to accept validity as per tender in case of short validity In case

of non-acceptance of validity as per tender term thereafter the firm offer will be rejected as non-

responsive

5 On-line submission of bids in Two-Bid System Offer must be submitted in two parts through E-

tendering system Bidders are requested to log on to httpseprocuremdlnicin for submission of bids

against above tender Bids must be submitted in Two parts ie Part-I (Techno-Commercial bid) and Part-

II (Price Bid) as appearing on-line

51 Part I Bid (Techno-Commercial bid)

511 Detailed Technical offer for technical scrutiny along with point-wise acceptance or

offered specifications against required specification Technical details catalogues

drawings data sheets calculations as applicable to be enclosedattached in

attachment provision given online

512 Bidders to carefully fill all listed online forms providing their

commentsAcceptancedeviations if any in the space provided online against

respective clauses of Technical specifications Tender terms amp conditions (TEF) GT

ampC and STACS etc

Un-priced format stating Quoted or Not Quoted whichever is applicable must be

selected from dropdown list in un-price bid form and applicable taxes must be

mentioned in respective tax column

513 Indigenous bidders to quote in INR amp Foreign bidders to quote in respective foreign

currency

514 Pre-qualification documents as listed at Para 3 above

515 Deviation Sheet if any shall be uploaded on-line for TEF STACS and GTampC

516 Enterprises status (If any) to be indicated in Part-I Micro Medium Small

515 The scanned image of receipt of NEFTRTGSBid bondSwift message towards

Earnest Money Deposit or Documents towards which EMD exemption is being

claimed as stipulated in TEF clause no 6 shall be uploaded at Part-I tender stage

The original of the NEFTRTGSBGBid bond swift message shall be forwarded to

GM (M) in sealed envelope superscribing Tender Enquiry No and Due date so as to

reach within 7 MDL working Days from the tender closing date addressed

To

GM (M)

II FLOOR MOGUL HOUSE

SOUTH YARD

MAZAGON DOCK SHIPBUILDERS LTD

GM(M)MTI2000007617Passivation Station

Page 8 of 45

DOCKYARD ROAD

MUMBAI- 400010

EMD payment can also be submitted as Bank Guarantee(BG)

52 Part-II (Price Bid)

521 Indigenous bidders to quote in INR on door delivery basis amp overseas bidders to

quote in foreign currency on CIF basis Indigenous bidders quoting in currency other

than INR will be liable for rejection

522 Bidder to fill their prices online strictly in the online price bid form only Prices amp

other charges (as listed in form) to be enteredfilled in the applicable

headcellcolumns only as prices in wrong headcellcolumn which are not applicable

to you (bidder) will finally affect your (bidders) total landed cost amp accordingly

ranking Wherever any charges from the listed charges are not applicable to bidder

then lsquozerorsquo to be entered in that respective headcellcolumn

Refer Illustrative format and guidelinerdquo at Annexure-2A for quoting prices in

online price bid form

523 In case of any discrepancy in the Blank Rate Schedule Format and actual On-line

Price Bid after opening of the Price Bids the details (GST and any charges)

mentioned in the On-line Price bid shall prevail over the details in blank rate schedule

format However the negotiated commercial terms before price bid opening will be

considered for ranking and evaluation as per Para15

53 Bidders in their own interest are requested to upload their bids well in advance of tender closing

date to avoid the last minute difficulties in uploading the bids

54 Problems in hardwaresoftware Internet connectivity system configurations Browser setting etc

for whatsoever reason shall not be considered for extension of tender closing date and time

55 Bidders quoting on behalf of overseas principals should quote in INR (Indian Rupees) on FOR

Door delivery basis with their principalrsquos authorization letter Overseas bidders to quote directly

in foreign currency on CIF basis amp also quote FOB amp installationCommissioning charges

additionally Currency to be quoted by foreign bidder in USDEURO

56 No Exemptions towards Custom duty is applicable amp hence no exemptions certificates will be

issued

GM(M)MTI2000007617Passivation Station

Page 9 of 45

6 Earnest Money Deposit (EMD) BID BOND

61 Bidders shall have to make payment towards EMD amounting to Rs 358600- (Rupees Three Lakhs Fifty Thousand Six Hundred only) directly from MDL payment Gateway the path

of which is provided at Enclosure-11 It is mandatory for bidders to make EMD payment through

MDL payment portal or NEFT RTGS

EMD payment in the form of BG is also accepted (Please refer Enclosure- 7 for EMD BG format)

Bidders have to enter Vendor Name Nature of Payment and Tender No in Text Narration

Field while making NEFT RTGS payment to Mazagon Dock Shipbuilders Limited Bank

Account No 10005255246 and a scanned copy of payment made to our Account should be

uploaded in Techno-commercial bid (Part-I) towards proof for submission of EMD against this

tender

a) Bidderrsquos offer will be categorically rejected if EMD payment will be made after tender due date and time to Mazagon Dock Shipbuilders Limited Account However bank

guarantee drawn in favor of MAZAGON DOCK SHIPBUILDERS LIMITED Mumbai from

the list of Banks approved by SBI Canara Bank published on MDL Website or bid bond swift

message of equivalent foreign currency for foreign bidders shall be forwarded GM (M) in

sealed envelope super-scribing Tender Enquiry No and Due date so as to reach us within 7

MDL working days from the tender closing date The scanned image of NEFTRTGS BG Bid

bondswift message shall be uploaded at Part-I tender stage The bid bond Bank Guarantee

should be valid for 120 days+4 weeks from the tender closing date Similarly authorized Indian

agent can submit BG from bank as per list of banks approved by SBI Canara bank as bank of

international repute published on MDL website on behalf foreign bank Bidders to advise their

bankbanker to send EMDBG directly to commercial department or through SWIFT to dispense

with additional step of verification of authenticity of signatories In case of EMD transmitted

through SWIFT it shall be the responsibility of the bidder that he directs the receiving banker

to forward the message duly authenticated to the concerned commercial officer mentioned in

the tender Bids without EMD other than those who are exempt from payment of EMD will not

be considered EMD of unsuccessful bidders will be returned after finalization of the tender and

shall be interest free Bids without EMD will not be considered

b) EMD of unsuccessful bidders will be returned after finalization of the tender and shall be interest free

MDL bank details for Direct Electronic transfer is as under

BENEFICIARYrsquoS

NAME MAZAGON DOCK SHIPBUILDERS LIMITED

NAME OF BANK STATE BANK OF INDIA

BRANCH amp ADDRESS MAZAGAON BRANCH MAZAGAON MUMBAI 400010

BR CODE 9054

ACCOUNT NO 10005255246 ACCOUNT TYPE CURRENT

ACCOUNT

IFSC CODE SBIN0009054 RTGS CODE SBIN0009054

NEFT CODE SBIN0009054 MICRNECS

CODE 400002120

INCOME TAX PAN

NO AAACM8029J GST ID 27AAACM8029J1ZA

62 EXEMPTION FROM SUBMISSION OF EMDBID BOND Following bidders shall be exempt from submission of EMDBid Bond

62 Following bidders shall be exempt from submission of EMDBid Bond

621 State amp Central Government of India departments Public Sector Undertakings

622 Firms registered with Mazagon Dock Shipbuilders Limited (MDL) for the items for

GM(M)MTI2000007617Passivation Station

Page 10 of 45

which the offer is being submitted (To qualify for EMD exemption firms should

necessarily submit VALID copy of the registration certificate issued by MDL in Part-

I offerbid Firms in the process of obtaining MDL registration will not be considered

for EMD exemption)

623 Firms registered with NSIC under its ldquoSingle Point Registration Schemerdquo

(Exemption will apply only to items service indicated under description of work

supplies services amp value up to which bidders are registered with NSIC) To qualify

for EMD exemption firms should necessarily submit VALID copy of the registration

certificate issued by NSIC in Part-I offer bid Firms in the process of obtaining

NSIC registration will not be considered for EMD exemption

624 Firms registered as Micro and Small Enterprises (MSEs) To qualify for EMD

exemption firms should necessarily upload VALID copy of the registration

certificate from the competent authority regarding their Micro Small Industry status

in Part-I offerbid

625 Commondeemed DPSU registered vendors qualify for EMD exemption Such firms

shall submit valid copy of the registration certificate issued by DPSUs (other than

MDL) for the itemsservices for which the offer is being submitted on Part-I

offerbid Firms in the process of obtaining registration in other DPSUs will not be

considered for EMD exemption

626 Green channel status vendors qualify for EMD exemption Such firms shall submit

valid copy of the green channel certificate issued by MoD for the items for which the

offer is being submitted in Part-I offerbid Firms in process of obtaining this

certificate will not be considered for EMD exemption

7 Bid Rejection Criteria

71 Following bids shall be categorically rejected

711 Bids received after tender closing date and time

712 Bids received without EMD (other than those who are exempted from payment of

EMD) as specified in the tender

713 Bidders not agreeing to provide assistance for installation Testing Commissioning amp other such Technical activities of equipment supplied by them

714 Bids received in any form other than through e-Portal

715 If the date of issue of EMD (DDBGSWIFT message) is later than the tender closing

date

72 Following bid rejection criteria may render the bids liable for Rejection

721 Bidderrsquos failure to furnish sufficient or complete details for evaluation of the bids

within the given period ranging in between 2 to 3 weeks depending on deficiencies

noticed in the drawing technical data which shall not however conflicts with validity

period

722 Incomplete misleading ambiguous bids in the considered opinion of TNC

723 Bids with technical requirements and or terms not acceptable to MDL Customers

External agency nominated as applicable

724 Bids without uploading pre-qualification documents where required as per the tender

GM(M)MTI2000007617Passivation Station

Page 11 of 45

725 Bids not meeting the pre-qualification parameters stipulated in the tender enquiry

726 Bidders not agreeing to supply spares post sale product support post work

completion support

727 High seas sales sales in transit

728 Unreasonably longer delivery period quoted by the firm

729 Validity period indicated by bidders is shorter than that specified in the tender

enquiry

7210 Bidders not agreeing to furnish required Security Deposit Required Contract

Performance Guarantee till completion of the supplies services as per contract

7211 Bidders not agreeing to furnish Performance Bank Guarantees for equipment

supplied services rendered or not agreeing for retention of equivalent amount by

MDL up to the period till completion of contractual and guarantee warranty

obligations

7212 Bidder not agreeing to quote as a single point responsibility for whole scope of work

(ie right from design supply of systemequipment till commissioning STW amp

training at MDL site)

7213 Bidders not agreeing warrantyguarantee Clause of tender (clause no 10)

8 Pricing Prices to be quoted on firm and fixed basis during the currency of the order contract

81 For Indigenous Bidders Indigenous Bidder shall quote the prices online of all items services listed in

the online price sheet format of the tender enquiry for delivery of the items in MDL store completion of

the work at MDL site The prices quoted shall remain firm and fixed during the currency of the order

contract unless agreed otherwise by MDL and should be inclusive of all cost towards Packing amp

forwardinginsurancefreight deliveryTransportation and transit insurance

82 For Foreign Bidders Bidder shall quote the prices online on the CIF Mumbai Port of destination

(India) basis only Prices on the basis of FOB factory or ex-works are not acceptable However FOB

cost shall also be quoted The prices quoted shall remain firm and fixed during the currency of the order

contract unless agreed otherwise by MDL To arrive at custom charge the foreign bidder(s) must submit

details viz (i) port of dispatch (ii) containerized dispatch (iii) Number of container (iv) Gross weight

9 Terms of Payment - MDL does not pay any advance Payment for Indigenous amp Overseas bidders

91 For Indigenous Bidders

911 Supply Installation commissioning amp training - Payment for the value of supply and services as reduced by any deductibles andor the amount

leviable towards liquidated damages if any may be payable through NEFTRTGSECS between 15-

20 days of completion of complete scope of work (ie after Supply Installation trials

commissioning and training) and against submission of documents in Triplicate including Delivery

challan(s) receipt inspection amp acceptance report warranty Guarantee certificate Test reports

Certificates if applicable Packing Lists Invoice Storage Preservation Maintenance Procedures

amp other Technical documentation in requisite sets as relevant and work completion certificate duly

certified by an officer from the user department in the rank of CM or above and submission amp

subsequent confirmation of performance bank guarantee for 10 of the total order value excluding

taxes

GM(M)MTI2000007617Passivation Station

Page 12 of 45

912 TReDS

Alternate MSME vendor payment through TReDS

ldquoIn order to address the financial needs of MSME firms GoI has introduced a platform for

facilitating the financing of trade receivables of MSMEs from buyers through multiple

financiers which is termed as Trade Receivables Discounting System (TReDS) At TReDS

auctioning of invoices at competitive amp transparent environment is done by financers based on

Buyerrsquos credit profile

MDL is registered on the Invoicemart TReDS platform and M1xchange of Ms Mynd

Solutions Pvt Ltd

MSME bidders desirous to receive payments through TReDS platform may avail the facility if

they are already registered on

1Invoicemart TReDS platform or by registering on it

Contact details at Invoicemart TReDS platform are as below

022 6235 7373 and a new mail id serviceinvoicemartcom

2 M1xchange

TReDS platform

or by registering on it

Contact details at M1xchange TReDS platform are as below

+91 9920455374 MsAshwathi Jayandran email id ashwathijayandranm1xchangecom

+91 8839915724 Ms Prinyaka Shah email id prinyakashahm1xchangecom

MSE bidders upon successful delivery shall submit their invoices along with the mandated

enclosures at MDL Central Receipt Section MSE vendors desirous to receive payments through Invoicemart TReDS platform or M1xchange TReDS platform shall submit their TReDS

details along with the invoice at MDL Central Receipt Section Upon receipt and acceptance of the

supplied material and receipt of invoices with the mandated enclosures MDL shall process the

invoice for payment on Invoicemart M1xchange TReDS platform Any unfinanced invoices

invoices of MSE bidders seeking payment from MDL directly shall be processed as per the Standard

payment terms agreed in PO contractrdquo

92 For OverseasForeign Bidders

(A)

Payment through LC - Payment against irrevocable letter of credit (LC)

established through our bankers as per format at illustrative Annexure 6 For opening

LC Supplier should essentially furnish their clear amp timely acceptance of the order

For opening LC all charges outside India shall be borne by the beneficiary

(Supplier) Additional loading of prices (A) towards charges incurred in LC opening

by MDL and (B) Interest for period of 20 days base rate of SBI+2 on payment

amount is to be considered while evaluating foreign bidders for ranking purpose In

case supplier seeks LC amendment for no fault of MDL or requires confirmation of

LC then all charges towards LC amendment or confirmation of LC respectively

shall be borne by the Supplier LC will allow Payment on timely presentation of

following documents through bank Opening of LC shall be before one month of

the schedule for dispatch or before such period as may be discussed and mutually

agreed to in the PNC (Price Negotiations) The time limit for opening of LC and or

amendment for LC shall be 7 days or within such no of days as may be stipulated in

purchase orderContract Delay in opening of LC can lead to corresponding delay in

delivery and hence no LD is applicable on such delayed portion

LC will be opened accordingly after receipt of intimation about readiness of

Material items equipments LC shall be valid for 89 days Firm to sendsubmit

documents as listed in Para 921 to 9212 below in originals for custom clearance of

material to MDL directly after shipment

GM(M)MTI2000007617Passivation Station

Page 13 of 45

For Items-

921 Set of Original + 2 Copies of signed Invoice showing item wise prices as per the order

922

Set of Original + 2 Copies of signed Packing List clearly showing list of items

packed Specifying unit as per Indian Custom Tariff

923

Set of Original + 2 Copies Clean on Board Bill of Lading OR Air Way Bill made in

the name of MDLrsquos Bank and Marked as freight paid

924

Set of Original + 2 Copies of Certificate of approval OR Release Note from MDL

nominated Inspection agency or Work completion performance certificate or

Dispatch clearance from MDL

925 Certificate of country of origin in Original + 2 Copies by chamber of commerce

926 Original + 2 Copies of Warranty Certificate in prescribed format

927

Original + 2 Copies of all Manufacturerrsquos Test Certificates (MTCs) Reports

Drawings Manuals Procedures etc as relevant to the ordered item

928

Original + 2 Copies of Performance Bank guaranteeequivalent BG wherever

applicable

929

Certificate Confirming that supplier has couriered dispatched 03 sets of Non

Negotiable Documents comprising of all Test reports MTCs Technical

Documents Drawings Manuals Procedures etc and of Signed Invoices Packing

Lists Bill of LadingAWB MDL nominated Inspection Agencyrsquos Certificate of

approval Country of Origin Certificate Warranty Certificate Performance Bank

Guarantee directly to MDL

9210

Original + 2 Copies of the Certificate issued by the classified society confirming

seaworthiness of the vessel and that the shipment is made on vessels of not more

than 15 years vintage (Applicable in case of CIF contracts orders agreed by MDL)

9211

Certificate issued by MDL confirming that the delivery is made in time and no

penalty is applicable OR in case of delays admissible amount of penalty will be specified by MDL in this certificate for reduction of equal amount from supplierrsquos

invoice (MDL will issue this certificate generally by e-mail or FAX immediately on

receipt of signed copy of invoice packing list approval certificate of the nominated

inspection agency date of the proposed shipment amp copies of BL or AWB or any

other acceptable documents confirming supplierrsquos readiness dispatch)

9212

Certificate confirming that the shipping instructions (inclusive of packing) have

been followed while packing shipment and forwarding of details for insurance to

MDL

Important Notes for Foreign Bidders 1 All the documents should clearly indicate the Purchasers Order number Import

License Number Airway Bill Bill of Lading Number

2 Foreign Bidders must submit the Letter of Credit format duly filled as per Annexure- 6

of the tender

3 To arrive at the custom charges the foreign bidders must submit the following details

along with the Part ndashI Bid -

(a) Port of dispatch to be clearly specified

(b) Containerized dispatch Break bulk

(c) No of required containers with their size amp type (20Feet40 FeetOpenClosed)

(d) Gross weight

(e) Any other specific handling Instructionsconditions of consignment

GM(M)MTI2000007617Passivation Station

Page 14 of 45

10 GuaranteeWarranty Supplier shall warranty the performance of the Passivation station for a

period of 12 months after commissioning or 24 months after receipt of station at MDL

whichever is earlier

During this period all defects arising out of defective material and faulty workmanship will be

rectified by repairing or replacing part or whole material as necessary free of charge on door

delivery basis Any consequential damagedefect or loss of items due to poor

workmanshippoor material qualitynegligence etc attribute to the bidder to be rectifiedreplaced by the bidder free of cost All the necessary spares tools Service engineers

amp Mechanics required for repairs to be arrange by vendor at no extra cost and machine to be

put into operation at the earliest

11 Performance Bank Guarantee (PBG) The Successful bidders will have to submit PBG in the prescribed format from the list of

Banks approved by SBI Canara Bank published on MDL Website for 10 of the Order value

excluding taxes etc valid for 13 months (validity 12 months + 1 month claim period) from the date of supply or offer your consent to MDL for retention of 10 of order value towards

PBG Bidders may advise their bankbanker to send BG directly to commercial department or

through SWIFT to dispense with additional step of verification of authenticity of signatories

In case of BG transmitted through SWIFT it shall be the responsibility of the bidder that he

directs the receiving banker to forward the message duly authenticated to the concerned

commercial officer mentioned in the tender

12 Bidder shall abide by all Standard Terms and Conditions of Supply (STACS) GTampC and

accordingly contract will be governed as per uploaded form at Stage Name Part ndashI (Techno-

Commercial Bid) Deviation if any shall be clearly indicated In case of discrepancy clauses

mentioned in Tender Technical Scope and Rate sheet will override the clauses mentioned in

other annexure including STACS amp GTampC In event we do not receive acceptance forms

dully filled for TEF STACS and GTampC it shall be presumed that all our terms and

conditions of tender are acceptable to you

13 Taxes amp Duties - The item-wise rates quoted in the Rate Sheet should exclude GST and

duties

131 For Indigenous bidders The rate sheet to be enclosed with the tender will indicate

the rates under each tax head viz GST

a Only those bidders who indicate the taxes amp duties separately as above all

shall be entitled for consideration of change in corresponding rates in case

of variation in statutory levies

b Supplierbidder will not be entitled to any increase in rate of taxes

occurring during the period of extended delivery schedule if there is delay

in supply completion attributed to him however if there is a decrease in

taxes the same must be passed on to MDL

c Wherever all-inclusive prices are quoted by the bidders without bifurcation

of tax elements no escalation can be considered in respect of any variation

in statutory levies arising subsequently because of the absence of the

required base figures in the purchase order contract

132 GST as per GST Laws shall be payable extra as quoted and agreed

133 In case of Purchase of goodsservices from unregistered dealers under GST laws

GST will be paid by MDL under reverse charge mechanism

134 Benefits from reduction in rate of taxITC are required to be passed on to

consumer Where ldquoapplicable GSTrdquo has been quoted as extra Goods and service

providers (except un-registered dealers under GST Law) have to submit

declaration that they have complied with lsquoAnti ndashprofiteering clausersquo under GST

Law Such declaration be given in technical bid

GM(M)MTI2000007617Passivation Station

Page 15 of 45

135 Where the quoted price is claimed to be inclusive of taxes (by other than

composite vendor) MDL consider it as net price on which GST is payable In

such cases the GST may be paid by MDL directly to GSTN under reverse

charge mechanism or otherwise for which no input tax credit will be available to

vendor and vendor is deemed to have confirmed that he will not claim ITC for

such items

136 If the vendor is registered under GST vendor shall mention the HSN code for

goodsampor services in their tax invoice etc These codes must be in accordance

with GST Laws and responsibility of specifying correct HSN code for goodsampor

services is that of the vendor MDL shall not be responsible for any error in HSN

code for goodsampor services specified by suppliercontractor Suppliercontractor

shall pay penalty andor interest imposed on MDL or any loss due to delay in

availing ITC by MDL or any loss of ITC to MDL due to error by vendors at any

stage MDL reserve right to recover any such interest penalty or loss from any amount due to supplier contractor or vendor shall reimburse make good such

loss within 15days after intimation by MDL or otherwise

137 In case MDL is unable to avail ITC suppliercontractor at their own cost shall

rectify the shortcoming in the returns to be filed immediately thereafter Further

if the ITC is delayed denied to MDLreversed subsequently as per GST Laws due

to nondelayed receipt of goods andor services andor tax invoice or expiry of

timelines prescribed in GST Laws for availing ITC non-payment of taxes or non-

filling of returns or any other reasons not attributable to MDL supplier

contractor shall pay any loss of amount along with interest and penalty on MDL

under GST Laws for the number of days the ITC was delayed If the shortcoming

is not rectified by suppliercontractor and MDL ends up in reversal of credits

andor payments suppliercontractor is fully liable for making good all the loss

incurred by MDL MDL reserve right to recover any interest penalty or loss from

any amount due to suppliercontractor or otherwise

138 If the vendor is registered under GST the GST registration number (15 digit

GSTIN) issued by GOI shall be mandatorily provided by the vendor Vendor

having multiple business verticals within state at multiple states with separate

GST registration numbers shall forward GSTIN of only that vertical which is

involved in supply of goods andor services MDL GSTIN is

27AAACM8029J1ZA and vendor shall mention the same while invoicing and

avoid any data entry error on GST portal

139 If the vendor is registered under GST vendor shall ensure timely submission of

invoice as per the provisionsrequirementstimeline promulgated by GOI in

relation to GST Laws with all required supporting documents to enable MDL to

avail input tax credit promptly The vendors invoice inter alia should contain

GSTIN of vendor GSTIN of MDL (ie 27AAACM8029J1ZA) GST tax rate

separately HSN code wise goods or services Place of supply signature of vendor

etc Original invoice needs to be submitted to Bill Receipt Centre at MDL gate

and a copy of the invoice should be given to the GRS Stores

1310 If the vendor is registered under GST vendor shall file all applicable returns

under GST Laws in the stipulated time and any losses of tax credit to MDL

arising due to delay in filling will be recovered from their invoice wherever MDL

is eligible to avail tax credit Any default towards payment of tax andor

uploading of monthly returns by supplier contractors MDL retains right to

withhold payments towards tax portion until the same is corrected and complied

by the suppliercontractor with the requirement of GST along with satisfactory

evidence

GM(M)MTI2000007617Passivation Station

Page 16 of 45

1311 The rate sheet enclosed with the tender will indicate the rates to be entered under

each head wherever applicable Bidder must clearly mention the applicable taxes

amp duties The item-wise rates (ie Basic + PampF + FampI) quoted in the rate sheet

should exclude taxes amp duties Bidder should indicate GST rates as applicable

separately under each of the head in the same rate sheet which will be paid extra

based on tax invoice to the extent applicable The GST will be applicable on total

basic rate of each item (ie Basic +PampF +FampI)

1312 If the vendor changes his registration status from composition dealer to normal

registered dealer under GST Law the vendor has to inform MDL immediately

Further his contract price under GST needs to be negotiated since as a normal

dealer he will have benefit of ITC which he should pass on to MDL

1313 Bid Evaluation Clause - I) As per GST Law ITC is not available

a) For goods and services which are not in furtherance of business

b) In some cases for eg rent a car life insurance work contract services for

immovable property as mentioned under section 17 of GST Act 2017 In such cases

evaluation of bid is inclusive of GST quote by bidder

II) In all other cases ie goods and services not covered under sr no I above

evaluation of bid is exclusive of GST quoted by bidder

III) Further in the case of composition dealer since composition dealer is not

allowed to charge GST in such case evaluation of bid will be on the price quoted by

bidder

1314 For Overseas Bidder All taxes applicable outside India shall be borne by overseas

bidder

a In case of foreign bidders all taxes duties statutory levies and charges which

are to be paid for the delivery of goods amp services shall be paid by the parties

under the present contract in their respective countries MDL shall bear and pay

all taxes duties and statutory levies in India in connection with the execution

andor performance of this contract wrt deliverables delivered and service

rendered as per contract excluding income tax applicable on service charges

b Foreign bidder shall submit tax residency certificate (TRC) in Part ndashI offer In

case of remittances to foreign companies for services as per income tax act and

DTAA provisions TDS shall be carried out from the amount payable towards

services As per the extant applicability and existing rates following cases

pertaining to TDS are presented for clarity

i Case 1 (TRC is made available by foreign bidders) Tax deduction at

source (TDS) 15 of total service payment is applicable If this is

not agreed to by the bidder in the bid or during TNCCNC then this

shall be appropriately loaded as per applicable rates on the price for the

purpose of ranking However bidders to note that TDS rates DTAA

rates differ from country to country It varies from10 to 25

ii Case 2 (TRC is not made available by foreign bidders) Tax deduction

at source (TDS) at the rates as mentioned in the table below is

applicable If this is not agreed to by the bidder in the bid or during

TNCCNC then this shall be appropriately loaded as per applicable

rates on the price for the purpose of ranking These rates shall be as

under

GM(M)MTI2000007617Passivation Station

Page 17 of 45

Service Payment slabs (converted in

INR)

Rate of TDS applicable on total

service payment

Up to value of INR 1 Cr 2575

Above 1 Cr Up to 10 Cr 2626

Above INR 10Cr 270375

14 Loading Criteria Deviations sought by the bidder in respect of Custom Duty exemption

Freight Insurance Payment terms shall be loaded on the bidders quoted prices during price

evaluation by MDL Among the equal bids bidders with ISO 9000 series accreditation over

Non-ISO bidders firstly Manufacturers then their authorized dealers will be given preference

The loading criteria that will be adopted are detailed below amp also as per Enclosure-5

141 It is desirable that the bidder accepts the Payment Terms indicated in clause 9

above Varied payment terms quoted by bidders as compared to the terms stated

in the Tender document shall be normalized by applying SBI Prime Lending

Rate (prevailing at the time of opening of Price bid) plus 2 pa rate of interest

for the period at variation (For Indigenous bidder) amp for overseas bidder the bids

will be normalized at LIBOREURIBOR rate plus 2 for ranking of the bids

142 In case of Foreign supplier the basic cost (CIF) shall be the basis for comparison

of quoted price Custom Duty Custom clearance Port handling transport

charges to the yard will be added to CIF cost to arrive at door delivery cost

143 Delivery of the goods at MDL premises should be the responsibility of the

vendor However for unavoidable reasons if bids are exclusive of transport

andor insurance the same will be loaded at the cost to be incurred by MDL

144 For the additional delivery period sought by the bidder over the stipulated date of

delivery as per Tender 050 per completed week will be loaded to the quoted

price

145 Deviations sought in respect of Liquidated Damages (LD) Deviations sought in

respect of rate per week and or maximum ceiling in respect of liquidated

damages shall be loaded to the quoted price For eg The maximum ceiling

towards liquidated damages stipulated in the tender is 5 and the bidder seeks to

limit it to say 35 then the price quoted will be loaded by 15 If the rate of

LD per week is 05 per week or part thereof as per tender and the bidder seeks

it as say 04 per week or part thereof the maximum ceiling on L D as per

tender will first be equated to weeks (10 weeks in this case) and the rate proposed

by the bidder ie 04 will be multiplied by the so equated maximum Period

(which works out to 4) and the quoted price will be loaded accordingly by 1

Delivery being the essence of the contract it is desirable if the bidders adhere to

the stipulated clause

146 Deviations in respect of the period of Warranty shall be loaded to the quoted price

025 per month or part thereof This does not arise if the bidder quotes

additional price for the differential period

147 The ranking of price bids shall be done overall L1 basis excluding GST (ie total

of basic price exclusive of GST quoted by bidder) In these cases the variation in

statutory levies etc are not allowed unless the breakup in respect of taxes duties

GM(M)MTI2000007617Passivation Station

Page 18 of 45

are clearly and separately furnished in bid

148 For opening LC all charges outside India shall be borne by the Beneficiary

(supplier) Additional loading of prices (A) Towards charges incurred in LC opening

by MDL and (B) Interest for period of 20 days base rate of SBI+2 on payment

amount is to be considered while evaluating foreign bidders for ranking purpose

15 Ranking of Bids amp Determination of L-1 Bidders Ranking of price bids shall be done on overall L1 basis with exclusive of GST

If any variations in statutory levies the break up in respect of any charges is clearly

and separately furnished in the bid and the MDL is satisfied that the rates of taxes

indicated therein are in line with the tax law so that escalation due to variation in the

taxes can be justifiably considered to the extent legitimately allowable on the base

amount(s) indicated in the bid Therefore bidder is requested to show the break up

regarding taxes as applicable in the bid

Note 1 In case of overseas supplier the ldquoCIF cost+ Inspectiontesting charges+ Installation

Commissioning charges+ custom duty+ IGST (if ITC is not available) + Custom

Clearance +port handling +transportation charges to the yard if any + LC opening

charges + interest for period of 20 days base rate of SBI +2 on payment amount

ldquoshall be the basis for comparison of quoted price Custom duty IGST Custom clearance Port handling transport charges to the yard will be added to CIF cost to

arrive at door delivery cost

2 If Service Component exists in an offer from a foreign vendor then Tax Residency

certificate (TRC) should be submitted with Part I offer If no TRC is submitted then

the enhanced Income Tax rate and Service Tax thereon will be considered while

determining L-1

3 Techno-Commercially Qualified overall lowest bidder exclusive of GST will be

considered for the placement of order 4 On-line Ranking visible to the bidders after opening part II price bid is without

loading parameters However the L1 bidder will be evaluated offline after

consideration of all applicable loading parameters as mentioned in the tender

document and commercial terms

5 In case of any discrepancy in the Blank Rate Schedule Format and actual Online

Price Bid after opening of the Price Bids the details (GST) mentioned in the On-line

Price bids shall prevail over the details in blank rate schedule format

6 ldquoBasic costrdquo is defined as ldquoDoor delivery cost (excluding GST)rdquo which includes

packing amp forwarding Delivery insurance registration charges and any cost involved

as per scope of work towards material and services basic cost of Installation

commissioning and inspection amp testing

7 ITC can be availed by MDL for the items as notified under GST ACT 2017 ITC

can be availed by MDL for registered bidder and for unregistered bidder under

reverse charge mechanism Since no ITC can be availed in case of bidders registered

under composition scheme their quoted cost will be considered for ranking

comparison purpose

16 Consignee The Successful bidders shall arrange dispatch of goods by appropriate Rail Road

Sea Air transport mode as per the order to lsquoEAST YARD STORESrsquo and further to user dept

on working days (Monday to Friday) between 800 hrs to 1500 hrs (Lunch Time 1130 to 1200

hrs) In case trucktempo reaches our yard beyond above time the same may be retained over

night at your risk amp cost

An advance copy of invoices along with other relevant documents shall be forwarded to the

purchaser sufficiently in advance to enable clearance of cargo within allowed demurrage free

days to avoid demurrage In case of door delivery orders the supplier shall categorically direct

the transporter to deliver the ordered items without insisting for consignee copy of the Lorry

Receipt

GM(M)MTI2000007617Passivation Station

Page 19 of 45

17 Modifications to the Bids Bidder desirous of submitting modified bid prior to the closing

date and time may do so online not later than deadline of submission of bids Please note that

modified bid shall be submitted through e-procurement system only Bidder can change the

submitted bid any number of times till the closing time and the last changed bid will be

considered for ranking of the bids

18 PURCHASE PREFERENCE TO MAKE IN INDIA As per Public Procurement Order Ref No P-4502122017-B E-II Dtd 15062017 issued by Govt

of India to encourage ldquoMake in Indiardquo policy Purchase Preference shall be given to local suppliers

in the following manner

(a) The terminology definitions used in the said order is as below

(i) ldquoLocal contentrdquo means the amount of value added in India be the total value of items procured

excluding net domestic indirect taxes) minus the value of imported content in the item (including

all customs duties) as a proportion of the total value in percent

(ii) ldquoLocal Supplierrdquo means a supplier or service provider whose product or service offered for procurement meets the minimum local content as prescribed under the said Order or by the

competent Ministries Department in pursuance of said order A Local Supplier can be an Indian

or Foreign bidder

(iii) ldquoMargin of Purchase Preferencerdquo means the maximum extent to which the price quoted by

local supplier may be above the L1 for the purpose of purchase preference The margin of

purchase preference for the present tender is 20

(b) Minimum local content

(i) The minimum local content in the offer is to be not less than 50 for the present tender for a

bidder to be considered as a Local Supplier

(ii) The local content can be increased through partnerships cooperation with local companies

establishing production units in India or Joint Ventures (JV) with Indian suppliers increasing the

participation of local employees in services and training themrsquo

(iii) On opening of the price bids if it is identified that there is difference in price receive amp

declaration made and local content is now not meeting the specified tender requirement (ie only

on the quoted price without any loading) then such case will be processed without any purchase

preference

(c) Declaration by Local Supplier Local Supplier should declare that the item and service

offered meets the minimum local content amp indicate its percentage in their offer which shall meet

(or even offer more) required content as specified in tender This declaration is necessary even if

Custom Duty Exemption and or ERV (if applicable) are not being sought Following documents

are to be submitted in technical offer ndash

Part-I bid

(i) Local Component list ie Items and services which are being procured produced domestically

by supplier in the system equipment service offered against tender This list shall include all the

components raw materials sub services etc

(ii) Foreign Imported Component list ie Items and services which are being supplied by bidder

from outside India in the system equipment service offered against tender This list shall include

all the components raw materials sub services etc

(iii) Bidders shall give the details of the location(s) at which the local value addition is made

Additionally location(s) details from where foreign imported components are being supplied be

also informed

(iv) Bidders shall give the price break-up in percentage for ldquoLocal Componentrdquo and ldquoForeign

Imported Componentrdquo

(v) Custom duty applicable on FE component for all foreign items (vi) The Local Suppliers are required to provide self-certification as per Annexure-11

Note In cases of procurement for value in excess of Rs 10 Crores the local supplier shall be required to

provide a certificate from statutory auditor or cost auditor of the company (in case of companies)

or from a practicing cost accountant or practicing charted accountant (in respect of supplier other

GM(M)MTI2000007617Passivation Station

Page 20 of 45

than companies) giving the percentage of local content amp applicable item wise custom duty

Once the declaration certification is committed at tender submission stage the same cannot be

altered at technical negotiation stage or after award of contract otherwise would be treated

considered as false declaration by bidder

In the event of bidders not declaring or declaring less local content percentage in the offer MDL

will consider quote bid of such bidders with local content as ldquo0rdquo or ldquoNILrdquo ie the offers of such

bidders will be treated as a ldquoNon Local Supplierrdquo where no purchase preference shall be granted to these bidders

(d) If the Local Supplier is also a MSE Vendor seeking the benefit of Public Procurement Policy

for MSEs Order 2012 then such bidders should not seek benefits against the Preference to Make

in India policy ndash Order 2017 Such bidders should categorically seek benefits of only one policy

which cannot be modified subsequently once declared in the Annexure-A referred above while

submitting the bid

(e) Custom duty issue Imported FE content is inclusive of all custom duties which is required

for arriving local content Bidders to note the following about declaration of FE Content

(i) All bidders should upfront declare line item wise custom duty duly certified Such declared

custom duty percentage will only be considered for arriving local content

(ii) In the event if the rate of custom duty is found higher than the declared custom duty by bidder

then the bidderrsquos declaration shall be final for arriving L1 bid Also in such case the difference in

custom duty would be to bidders account In case of foreign bidders the same would be to bidders

account and shall not be borne or reimbursed by Shipyard

(iii) In the event of rate of custom duty happens to be lower at the time of clearance of goods then

actual custom duty shall be payable

(iv) Notwithstanding above local content shall be calculated based on the declared custom duty by

the bidder in techno-commercial bid

(f) Preference to Local Supplier The following procedure will be adopted for deciding on

preference to Local Supplier over a non-local supplier wrt Public Procurement (Preference to

Make in India) order 2017

(i) Among all qualified bids the lowest bid will be termed as L1 If L1 is from a local supplier the

contract will be awarded to L1

(ii) If L1 is not from a local supplier the lowest bidder among the local suppliers will be invited

to match the L1 price subject to local supplierrsquos quoted price falling within the margin of purchase

preference and contract shall be awarded to such local supplier subject to matching the L1 price

(iii) In case such lowest eligible local supplier fails to match the L1 price the local supplier with

the next higher bid within the margin of purchase preference shall be invited to match the L1 price

and so on and contract shall be awarded accordingly In case none of the local suppliers within the

margin of purchase preference matches the L1 price then the contract may be awarded to the L1

bidder

(g) Preference between LS and MSE Bidder This clause is applicable only if line items are

separable and MSE preference clause is also applicable Between the MSE and Local

Supplier the MSE bidder will be given preference to match with L1 bidder as per Public Procurement Policy for MSEs Order 2012 MSE vendor will be evaluated with L1+15 MSE

doesnrsquot fall under Public Procurement (Preference to Make in India) Order 2017 Local Supplier

will be evaluated with L1+20 (Margin of Purchase Preference ordinary) as per Public

Procurement (Preference to Make in India) Order 2017

(h) After the contract is awarded and the supplies are completed each supplier shall provide the supporting documentation towards realization of committed Local Content as per the contract

order terms amp conditions

In addition to these documents a ldquoLocal content certificaterdquo also shall be submitted stating the

percentage of local content in the items or services measured The ldquoLocal content certificaterdquo shall

be submitted along with the invoice

Note In cases of procurement for value in excess of Rs 10 Crores the local supplier shall be

required to provide a certificate from statutory auditor or cost auditor of the company (in case of

GM(M)MTI2000007617Passivation Station

Page 21 of 45

companies) or from a practicing cost accountant or practicing charted accountant (in respect of

supplier other than companies) giving the percentage of local content

(i) False declaration will be in breach of Code of Integrity under Rule 175(1)(i)(h) of GFR 2017

for which a bidder or its successor can be debarred for up to 2 years as per Rule 151(iii) of GFR

2017 along with such other actions as may be permissible under law

(j) Complaints Grievance Any complaints grievances relating to implementation of this order

shall be taken up by Public Grievance Cell of MDL headed by GM(F-PampS) Fees for filing a complaint under the order shall be Rs 10000- per case The complaints shall be filed to the

Chairman Public Grievance Cell The fee shall be deposited in MDLrsquos Account by NEFT

19 Public Grievance Cell A Public Grievance Cell headed by ED (East Yard) has been set up in

the Company Members of public having complaints or grievances are advised to contact him

on Wednesday between 1000 hours and 1230 hours in his EY-office MAZAGON DOCK

SHIPBUILDERS LIMITED Dockyard Road Mumbai - 400010 (022 ndash 23763506 23738368)

or send their complaints grievances to him in writing for redressal

20 Supply on MDL Holidays Request for permission for delivery on Saturday Sunday

holidays if required should be submitted 3 working days prior to the date of holiday to

Personnel department and Security through concerned Dept

21 Liquidated Damages Time is an essence of the contract therefore the job as ordered should be

completed on the dates mutually agreed upon in accordance with the delivery schedule In cases

of delay not attributable to Purchaser beyond the agreed schedule the Successful bidder shall pay

liquidated damages a sum representing 05 (Half per cent) per week or part thereof subject to

maximum of 5 of the final Order Contract value Vendor Contractor (Seller) will also be liable

to pay Liquidated Damages for late delivery of Manuals Drawings and Documentation as agreed

to by Purchaser and Vendor Contractor (Seller) and as stated in the Purchase Order The amount

of such damages will be clearly defined in the Purchase Order and may extend up to 5 of the

Order Value excluding taxes Applicability of LD will be considered as below -

1) Delay in manufacturing and supplydelivery of machinematerialitemsequipments at

MDL after dispatch clearance beyond specified schedule will attract LD 05 per week

or part thereof subject to maximum of 5

2) Delay in Installation trial Commissioning amp Training at MDL as per Work

completion date as certified by MDL user dept beyond specified schedule will attract

LD 05 per week or part thereof subject to maximum of 5 as per order

22 Hindrance Register All hindrances with date of occurrences and removal shall be noted in the

Hindrance Register The Hindrance Register shall be signed by the representatives of both MDL

as well as Contractor

23 Security Deposit (SD) The successful bidders shall have to submit Security Deposit for an

amount of 5 of the Order value excluding GST etc electronically through NEFT RTGS or

in the form of Bank Guarantee drawn in favor of MAZAGON DOCK SHIPBUILDERS

LIMITED Mumbai from the list of Banks approved by SBI Canara Bank published on MDL

Website within 25 days from the date of Order amp must be valid up to contract period plus one

month No interest will be paid on Security Deposit Please note that MDL does not extend any

concession such as exemption in payment of Security Deposit etc to any organization

irrespective of their status like registration with MDL NSIC SSI and MSME etc In case of

failure to submit Security Deposit within 25 days from the date of order placement EMD

submitted will be encashed and risk purchase clause would be invoked The Security Deposit

will be returned only after successful execution of the order and shall be interest free In the

event of failure to execute the order satisfactorily the Security Deposit will be encashed by

MDL If order is fully executed within 25 days from the date of purchase order submission of

security deposit is not applicable For delayed period of submission of SD beyond 25 days

from date of order bidder has to pay applicable interest In case the bidder is Indian Public

Sector Unit they shall submit the indemnity bond instead of Security Deposit Bidders may

advise their bankbanker to send BG directly to commercial department or through SWIFT to

dispense with additional step of verification of authenticity of signatories In case of BG

GM(M)MTI2000007617Passivation Station

Page 22 of 45

transmitted through SWIFT it shall be the responsibility of the bidder that he directs the

receiving banker to forward the message For delayed period of submission of SD beyond 25

days from date of order interest will be recovered as mentioned below

For Indian suppliers it will be SBAR plus 2 and EUROBORLIBOR plus 2 for Foreign

bidder Security Deposit will be returned only after successful execution of the order and shall

be interest free In the event of failure to execute the order satisfactorily the Security Deposit

will be encashed by MDL PSUs can submit Indemnity bond in lieu of Security deposit Bidders can submit SD amount

by using payment gateways through MDL website

24 Delivery ScheduleWork Completion Schedule and delivery term (For foreign bidders) The

entire scope of work ie Design manufacture Supply Installation Commissioning STW amp

Training to be completed within 6 months from the date of receipt of PO

1) Supplydelivery of machineItemsEquipmentsspares at MDL = within 20 weeks (CIF delivery) and

2) Time for transportation amp custom clearance time = 2 weeks

3) Installation Trials Training and Commissioning = Within 2 weeks

Delivery Term (1) Supply For Indigenous bidder Door DeliveryFOR MDL GRS Stores

For Overseas Bidder CIF Port of destination (Mumbai)

(2) Installation Commissioning STW Training -

For Overseas Bidders At MDL site

Training to be imparted to Non-executives-04 Nos for 7 days (1 week)

Delivery ScheduleWork Completion Schedule and delivery term (For Indigenous bidders) The entire scope of work ie Design manufacture Supply Installation Commissioning STW amp

Training to be completed within 6 months from the date of receipt of PO

1) Supplydelivery of machineItemsEquipmentsspares at MDL = within 22 weeks (CIF

delivery) and

2) Installation Trials Training and Commissioning = Within 2 weeks

Delivery Term (1) Supply For Indigenous bidder Door DeliveryFOR MDL GRS Stores

For Overseas Bidder CIF Port of destination (Mumbai)

(2) Installation Commissioning STW Training - For Indigenous Bidders At MDL site

Training to be imparted to Non-executives-04 Nos for 7 days (1 week)

25 Assistance for Installation Testing Commissioning Maintenance amp other Technical

activities 1 Services of engineersManpower in connection with assistance of delivery

loadingunloading installation setting-in-work testing tuning commissioning

training to be considered in the scope of supply

2 All machinery equipments Oxygenother fuel gas for cutting fork lift welding Tools

amp Tackles accessories spares Chemicals consumables Special tools Fixtures and

tackles Workshop and fabrication shop Calibration facility Local transportation and

Internal Transportation storage amp preservation materials Ist fill of Oil lubricants

grease amp other resources etc required for Installation commissioning work to be

arranged by contractor Crane facility for unloading the equipment at the site Space water compressed air and electric Power will be provided by MDL

During Guarantee Warranty period the entire maintenance repair job shall be carried out by

experienced service engineers amp technicians The supply of all necessary tools tackles and

instruments required for the preventive and breakdown maintenance of the equipment covered

by this contract shall be in contractorrsquos scope No sub-contracting will be allowed

26 Spares Post sale product support 1 The Bidder shall assure a continuous supply of spare parts for at least 10 years from

GM(M)MTI2000007617Passivation Station

Page 23 of 45

the date of commissioning of the machine at MDL

2 List of Service centers amp Setup details to be provided

3 Standard accessories required for making itemequipmentmachine operational amp

ready to use should be included in the scope of supply

4 All defective parts spares can either be repaired or replaced by new parts Spares

replaced will be either of same make or equivalent as suggested by the OEM after

consultation with MDL However the total responsibility of the quality of spares supplied or parts repaired shall be with the Contractor

3 If any defective partitemequipment required to be taken out to the service center by

the firm for the further repairing the firm shall be asked to submit the necessary

indemnity bondBG as required Taking out defective partitemequipment from MDL

and bringing back repaired part item equipment to MDL is in the firmrsquos scope of

work The firm has to bear all the transportation charges amp transit insurance

27 Inspection - (a) Receipt Inspection by MDL- MDL inspection cell amp User dept shall carry out necessary

inspection of the items on receipt in the MDL Yard on the basis of an appropriate MDL

Inspection system requirement along with the representative of user dept amp the Inspection

documents submitted by suppliers Any objection raised by MDL inspection team against

quality of material or workmanship shall be satisfactorily corrected by the supplier at his

expenses including replacement as may be required within shortest possible time within 30

days Items damaged during transit shall also be rectified or replaced by the supplier within

shortest possible time

(b) Rejection of the material Any portion of the equipment found defectiverejected the

supplier shall collect the same at his cost from the MDL Yard all incidental charges being

born by supplier (inclusive of custom duty if payable) within 30 days from the date of

intimation to the supplier of such rejection The MDL reserves the rights to dispose off the

rejected item at the end of a total period of 90 days in any manner to the best advantage to the

MDLamp recover storage charges amp any consequential damages from sale proceeds of such

disposal

(c) Final work completion certificate in respect of completion of entire scope of work will be

certified by MDL user dept

28 Purchase Preference for MSE - NA

29 Risk Purchase amp Cancellation of Order (a) If the equipment article service or any portion thereof be not delivered performed by

the scheduled delivery date period any stoppage or discontinuation of ordered supply

awarded contract without written consent by Purchaser or not meeting the required quality

standards the Purchaser shall be at liberty without prejudice to the right of the Purchaser

to recover Liquidated Damages penalty as provided for in these conditions or to any

other remedy for breach of contract to terminate the contract either wholly or to the extent

of such default Amounts advanced or part thereof corresponding to the undelivered

supply shall be recoverable from the Contractor Bidder at the prevailing bank rate of interest

(b) The Purchaser shall also be at liberty to purchase manufacture or supply from stock as it

deems fit other articles of the same or similar description to make good such default and

or in the event of the contract being terminated the balance of the articles of the

remaining to be delivered there under Any excess over the purchase price cost of

manufacture or value of any articles supplied from the stock as the case may be over the

contract price shall be recoverable from the Bidder Vendor Contractor

(c) The Purchaser reserves the right to cancel an order forthwith without any financial

implications on either side if on completion of 50 of the scheduled deliveryCompletion

period the progress of manufactureSupply is not to the satisfaction of Purchaser and

failure on the part of the BidderVendorContractor to comply with the delivery schedule

is inevitable In such an event the BidderVendorContractor shall repay all the advances

GM(M)MTI2000007617Passivation Station

Page 24 of 45

together with interest at prevailing bank rates from the date of receipt of such advances till

date of repayment The title of any property delivered to Purchaser will be reverted to the

BidderVendorContractor at his cost

(d) In case of breach non-compliance of any of the agreed terms amp conditions of order

contract MDL reserves the right to recover consequential damages from the vendor

contractor on account of such premature termination of contract

(e) In case of delay beyond agreed period for liquidated damages or 10weeks from

contractual delivery period whichever is earlier MDL reserves the right to cancel the

order and procure the order items services from any available source at MDLrsquos option amp

discretion and entirely at your risk and cost Extra expenditure incurred by MDL in doing

will be recoverable from Bidder Supplier Contractor

30 Freak Low Quotes In case after opening of price bid of technically cleared firms it is noted that L-1 firm has quoted very low rates and indicates to withdraw from the tender then EMD shall be

forfeited and firm may be given tender holiday including intimation to other PSUs If the rates

quoted are less than MDL estimates by 40 or so and if the difference in rate between L1 and L2

is 30 or more than the firm will have to give additional BG of 20 of the PO value excluding

GST as additional security Bank charges for this additional BG shall be borne by MDL and

reimbursed against proof of payment

31 Indemnity - The Bidder Vendor Contractor his employees licencees agents or Sub-Vendor

Sub-contractor while on site of the Purchaser for the purpose of this contract indemnifies the

Purchaser against direct damage and or injury to the property and or the person of the Purchaser or

that of Purchasers employees agents Sub- Contractors Suppliers occurring and to the extent

caused by the negligence of the Bidder Vendor Contractor his employees licencees agents or

Sub-contractor by making good such damages to the property or compensating personal injury

and the total liability for such damages or injury shall be as mutually discussed and agreed to

You shall hold harmless and keep MDL indemnified against all claims arising as a result of

infringement of any patent rights on account of manufacture sale or use of article covered by

the order

32 MDL reserves the right to consider placement of Order Contract in part or in full against the

tendered quantity or item MDL reserves the right to place order on FOB or CIF basis

33 MDL shall not be bound by any printed conditions or provisions in the sellers bid forms or

acknowledgement of contract invoices packing list and any other documents which purport to

impose any conditions at variance with the tender terms final negotiated amp accepted terms

34 Bidders can participate in online bidding

a) By registering with above referred portal for User ID and password

b) By obtaining class III DSC (Digital Signature Certificate) for secured bidding

35 In case of improper on-line filling of Acceptance Formats for Tender Enquiry Form General

Terms amp Conditions (GTampC) and Standard Terms amp Conditions (STACS) it shall be

presumed that all our tender terms amp conditions are acceptable to you

36 In case of any clarifications bidders are requested to contact the undersigned before the closing

date of the tender Bidders can also contact toll-free customer help line of e-procurement portal

httpseprocuremdlnicin ASP on email id eproc-supportgovin Ph no 0120-4200462 0120-

4001002

Bidders intending to witness the Tender opening shall log on to httpseprocuremdlnicin

using digital signatures for witnessing the opening

GM(M)MTI2000007617Passivation Station

Page 25 of 45

37 We look forward to your participation in on-line bidding by offering your most competitive

and reasonable bid against this tender

Yours faithfully

For MAZAGON DOCK LIMITED

M Tanweer Iqbal

CM(C-MP)

Enclosure - 1 Instructions to the Bidders

Enclosure - 2 Illustrative format amp guideline for quoting prices in online Price Bid

Enclosure - 3 Standard Terms amp Conditions (STACS)

Enclosure - 4 General Terms amp Conditions (GTampC)

Enclosure - 5 Loading Factors

Enclosure - 6 Format of Letter of Credit

Enclosure 7 Bank Guarantee Format for EMD

Enclosure 8 Bank Guarantee Format for SD

Enclosure 9 Bank Guarantee Format for PBG

Enclosure - 10 MDL bank details for NEFTRTGS EMDSD transfer

Enclosure 11 Shipping Instruction for Sea amp Air Consignments

Note These Enclosuredocuments to be down loaded from our Website under below linkpath-

wwwmazagondockgovin gt Tenders gt Shipbuilding gt ldquoEnclosures Related to Tender Documents from Material

Purchase Deptrdquo

GM(M)MTI2000007617Passivation Station

Page 26 of 45

Enclosure ndash 1

Instructions to the Bidders for uploading the Techno-Commercial Bid and the Price Bid through E-

Procurement Portal

bullbullbullbull Official service provider for the website is NIC

E-mail eproc-supportgovin Office Ph No 0120-4200462 0120-4001002 Ph No +91-8826246593

bullbullbullbull Pre-requisites for up-loading the Techno-Commercial Bid

(i) Compatible computer hardware software set-up to access e-procure website

(ii) ldquoDigital Signature Certificaterdquo class III B (DSC) is a must for downloading the tender and uploading

the techno commercial offer from our website httpseprocuremdlnicin

(iii) ldquoDigital Signature Certificaterdquo class III B (DSC) can be obtained from our service provider

bullbullbullbull To ensure availability of above prerequisite is bidders responsibility

(i) It is mandatory to upload the complete techno-commercial offer and the price bid on e-

procurement

(ii) No part of the bid other than original EMD (if applicable) shall be accepted physically hard copy

outside e-procurement

(iii) Price bids shall strictly be uploaded in appropriate allotted place in the tender available in e-

procurement so that it remains secured encrypted unreadable in the system

(iv) In no circumstances the price bids shall be forwarded or uploaded in any other form

(v) Entire responsibility of the uploading of the complete techno-commercial bid along with the price

bid shall be that of the bidder

(vi) No request complaint shall be entertained after the due datetime of the tender

(vii) Non availability of any of the prerequisites or last minute calls seeking clarifications projecting

problems shall not entitle a bidder to seek request for extension of due date

(viii) Any problem with regard to uploading of the tender shall be intimated to NIC at least 24 hours in

advance to the tender closing time amp date However it will not be considered as reason for extension

of due date of the tender

(ix) Request for extension if at all to be made shall be forwarded at least 3 working days in advance to

the tender closing date time with proper reasoning The request shall be put up to the competent

authority for consideration on the merit of the case MDL reserves all rights in this regard amp decision

of MDL shall be binding to the applicant

It is important to note that the bidders can upload their bids right from the time the tender is available

at website It is advisable that the bidder uploads the bid well in time rather than wait till last minute

to avoid situations wherein he is unable to successfully upload the bid for various reasons which

cannot be addressed then due to lack of time

bullbullbullbull Special instructions to Bidders for online bidding

GM(M)MTI2000007617Passivation Station

Page 27 of 45

(i) Bidders should login well in advance to enable them to complete their bid submission before the

closing time of the tender

(ii) Bidders should submit their bid well in advance to avoid last minute frantic calls

(iii) Bidders should follow all the instructions enlisted on the front page of e-procure web page

(iv) Bidders should ensure Hardware amp Software compatibility as well as Digital Signature available on

front page of e-procure web site Request for extension of due date shall not be entertained due to

non-availability of these tools

bullbullbullbull Bidders to participate in on-line bidding

(i) By registering with above referred portal for User ID and password

(ii) By obtaining class III DSC (Digital Signature Certificate) for secured bidding

NOTE In case any vendor intending to respond against the tender and is not having the DSC to facilitate

uploading of his bid should approach the Service Provider at least 10 working days in advance of the tender

closing date requesting DSC The request so made to the Service Provider should simultaneously be

forwarded to MDL Dealing Officer In case the DSC is not received within 3 to 4 working days the GM (M)

be informed and the DSC if not received from the Service Provider three working days in advance for

suitable extension to tender closing date then only the tender due date shall be considered

GM(M)MTI2000007617Passivation Station

Page 28 of 45

Annexure-2

Illustrative format amp guideline for quoting prices in online Price Bid

Below format of price bid will appear online Indigenous bidders to follow instructions given in each respective

cell while quoting their cost in online price bid -

Item Sr no 1

Material Description As per clause No 1

Quantity As per clause No 1

Set Set

Currency INR USD EURO

For Indian Bidder Basic Unit Rate in INR only

For Foreign Bidder CIF Rate to be entered by the foreign

currency

To be quoted

of CGST+SGST or IGST on Basic rate To be quoted

Installation Commissioning Charges per Unit To be quoted

of CGST+SGST or IGST on Installation Commissioning

Charges To be quoted

Inspection Testing Charges per Unit To be quoted

of CGST+SGST or IGST on Inspection Testing Charges To be quoted

GM(M)MTI2000007617Passivation Station

Page 29 of 45

Enclosure-3

STANDARD TERMS AND CONDITIONS (STACS) 101 The word Purchaser refers to MAZAGON DOCK SHIPBUILDERS LIMITED (MDL) a Company

registered under the Indian Companies Act 1913 and it includes its successors or assignees

102 The word BidderVendorContractor means the person firm Company who undertakes to

manufacture and or supply and or undertake work of any nature assigned by the Purchaser from time to time

and includes its successors or assignees

103 The word Owner means the person or authority with whom MAZAGON DOCK SHIPBUILDERS

LIMITED (Purchaser) has contracted to carry out work in relation to which orders are placed by the

Purchaser on the BidderVendorContractor under this contract for supply or manufacture of certain items

and would include Department of Defence Production Ministry of Defence Government of India the Indian

Navy the Coast Guard and any other specified authority

120 GENERAL 121 Unless otherwise indicated specifically by the bidder contractor in his bid it shall be construed as his

acceptance of all the conditions mentioned in this STACS

200 COMMUNICATION amp LANGUAGE FOR DOCUMENTATION 201 Any letter facsimile message e-mail intimation or notice sent to the BidderVendorContractor at the

last known address mentioned in the offer order shall be deemed to be valid communication for the purpose

of the ordercontract Unless stated otherwise by the purchaser Language for communication amp all

documentation shall be same which the Purchaser has used in the tender enquiry

210 PURCHASERrsquoS PROPERTY 211 All property (such as materials drawings documents etc) issued by the Purchaser or any other

individual or firm on behalf of the Purchaser in connection with the contract shall remain confidential being

the property of the Purchaser and the BidderVendorContractor shall undertake to return all such property so

issued and will be responsible for any or all loss thereof and damage thereto resulting from whatever causes

and shall reimburse the Purchaser the full amount of loss and damage

212 On completion of work in any compartment location of the purchaserrsquos premises the

BidderSupplierContractor must ensure that the place is left in a reasonably clean state and all scrap is

transferred to nearby scrap-bins

220 RISK PURCHASE 221 If the equipment article service or any portion thereof be not delivered performed by the scheduled

delivery date period any stoppage or discontinuation of ordered supply awarded contract without written

consent by Purchaser or not meeting the required quality standards the Purchaser shall be at liberty without

prejudice to the right of the Purchaser to recover Liquidated Damages penalty as provided for in these

conditions or to any other remedy for breach of contract to terminate the contract either wholly or to the

extent of such default Amounts advanced or part thereof corresponding to the undelivered supply shall be

recoverable from the Contractor Bidder at the prevailing bank rate of interest

222 The Purchaser shall also be at liberty to purchase manufacture or supply from stock as it deems fit

other articles of the same or similar description to make good such default and or in the event of the contract

being terminated the balance of the articles of the remaining to be delivered there under Any excess over the

purchase price cost of manufacture or value of any articles supplied from the stock as the case may be over

the contract price shall be recoverable from the Bidder Vendor Contractor

230 RECOVERY ADJUSTMENT PROVISIONS 231 Payment made under one order shall not be assigned or adjusted to any other order except to the extent

agreed upon in writing by the Purchaser During the currency of the contract if any sum of money is payable

by the Bidder Vendor Contractor the same shall be deducted from any sum then due or thereafter may

become due to the Bidder Vendor Contractor under the contract or any other contract with the Purchaser

240 ADDITIONAL BANK GUARANTEE In case after opening of price bid of technically cleared firms it is noted that L-1 firm has quoted very low

rates and indicates to withdraw from the tender then EMD shall be forfeited and firm may be given tender

holiday including intimation to other PSUs If the rates quoted are less than MDL estimates by 40 or so and

if the difference in rate between L1 and L2 is 30 or more then the firm will have to give additional BG of

20 of the PO value as additional security Bank charges for this additional BG shall be borne by MDL and

reimbursed against proof of payment

250 INDEMNIFICATION 251 The Bidder Vendor Contractor his employees licencees agents or Sub-Vendor Sub-contractor

while on site of the Purchaser for the purpose of this contract indemnifies the Purchaser against direct

GM(M)MTI2000007617Passivation Station

Page 30 of 45

damage and or injury to the property and or the person of the Purchaser or that of Purchasers employees

agents Sub- Contractors Suppliers occurring and to the extent caused by the negligence of the Bidder

Vendor Contractor his employees licencees agents or Sub-contractor by making good such damages to the

property or compensating personal injury and the total liability for such damages or injury shall be as

mutually discussed and agreed to

260 TRANSFER OF VENDORS CONTRACTORrsquoS RIGHTS 261 The Bidder Vendor Contractor shall not either wholly or partly sell transfer assign or otherwise

dispose of the rights liabilities and obligations under the contract between him and the Purchaser without

prior consent of the Purchaser in writing

270 SUBCONTRACT amp RIGHT OF PURCHASER 271 The Bidder Vendor Contractor under no circumstances undertake or subcontract any work contract

from or to any other Sub-contractor without prior written approval of the Competent Authority of Purchaser

In the event it is found that such practice has been indulged in the contract is liable to be terminated without

notice and the Bidder Vendor Contractor is debarred all from future tender enquiries work orders

However in no circumstances a contractor is permitted to subcontract any part of the contract to the bidders

who had quoted for the concerned tender

280 PATENT RIGHTS 281 The Bidder Vendor Contractor shall hold harmless and keep the Purchaser indemnified against all

claims arising as a result of infringement of any patent copy rights on account of manufacture sale or use of

articles covered by the order

290 AGENTS AGENCY COMMISSION

291 The seller confirms and declares to the buyer that the seller is the original manufacturer or authorized

distributorstockiest of original manufacturer of the stores referred to in this contract and has not engaged any

individual or firm whether Indian or foreign whatsoever to intercede facilitate or in any way to

recommended to the Buyer or any of its functionaries whether officially or unofficially to the award of the

Contract Purchase order to the Seller nor has any amount been paid promised or intended to be paid to any

such individual or firm in respect of any such intercession facilitation or recommendation The Seller agrees

that if it is established at any time to the satisfaction of the Buyer that the present declaration is in any way

incorrect or if at a later stage it is discovered by the Buyer that the Seller has engaged any such

individualfirm and paid or intended to pay any amount gift reward fees commission or consideration to

such person party firm or institution whether before or after the signing of this Contract Purchase order

the Seller

will be liable to refund that amount to the Buyer

Tender no GM (M)GRA2000007246 Page 16 of 26

The seller will also be debarred from participation in any RFQTender for new projectsprogram with Buyer

for a minimum period of five years

The buyer will also have a right to consider cancellation of the Contract either wholly or in part without any

entitlement or compensation to the Seller who shall in such event be liable to refund all payments made by

the buyer in terms of the Contract along with interest at the rate of 2 per annum above LIBOR (London

Inter Bank Offer Rate) (for foreign vendors) and base rate of SBI plus 2 (for Indian Vendors)

The Buyer will also have the right to recover any such amount from any contracts concluded earlier with

Buyer

300 USE OF UNDUE INFLUENCE CORRUPT PRACTICES

301 The Bidder Supplier Contractor undertakes that he has not given offered or promised to give directly

or indirectly any gift consideration reward commission fees brokerage or inducement to any person in

service of the Purchaser or otherwise in procuring the contract or forbearing to do or for having done or

forborne to do any act in relation to the obtaining or execution of the Contract with the Purchaser for showing

or forbearing to show favour or disfavour to any person in relation to the Contract or any other Contract with

the Purchaser Any breach of the aforesaid undertaking by the Bidder Supplier Contractor or any one

employed by him or acting on his behalf (whether with or without the knowledge of the Bidder Supplier

Contractor) or the commission of any offence by the Bidder Supplier Contractor or any one employed by

him or acting on his behalf as defined in Chapter IX of the Indian Penal Code 1980 or the Prevention of

Corruption Act 1947 or any other Act enacted or the prevention of corruption shall entitle the Purchaser to

cancel the contract and all or any other contracts with the Bidder Contractor Supplier and recover from the

Bidder Supplier Contractor the amount of any loss arising from such cancellation Decision of the

Purchaser or his nominee to the effect that a breach of the undertaking has been committed shall be final and

binding on the Bidder Supplier Contractor

302 The Bidder Supplier Contractor shall not offer or agree to give any person in the employment of

GM(M)MTI2000007617Passivation Station

Page 31 of 45

Purchaser any gift or consideration of any kind as Inducement or reward for doing or forbearing to do or

for having done or forborne to do any act in relation to the obtaining or execution of the contracts Any

breach of the aforesaid condition by the Bidder Supplier Contractor or any one employed by them or

acting on their behalf (whether with or without the knowledge of the Bidder Supplier Contractor) or the

commission of any offence by the Bidder Supplier Contractor or by any one employed by them or acting

on their behalf which shall be punishable under the Indian Penal Code 1980 andor the Prevention of

Corruption by Public Servants shall entitle Purchaser to cancel the contracts and all or any other contracts

and then to recover from the Bidder Supplier Contractor the amounts of any loss arising from such

contracts cancellation including but not limited to imposition of penal damages forfeiture of Security

Deposit encashment of the Bank Guarantee and refund of the amounts paid by the Purchaser

303 In case it is found to the satisfaction of the Purchaser that the Bidder Supplier Contractor has

engaged an Agent or paid commission or influenced any person to obtain the contract as described in clauses

relating to Agents Agency Commission and use of undue Influence the Bidder Supplier Contractor on a

specific request of the Purchaser shall provide necessary information inspection of the relevant financial

document information

310 IMMUNITY OF GOVERNMENT OF INDIA CLAUSE 311 It is expressly understood and agreed by and between Ms (Bidder Supplier Contractor) and

MAZAGON DOCK SHIPBUILDERS LIMITED Dockyard Road Mumbai - 400 010 (MDL) is entering

into this Agreement solely on its own behalf and not on the behalf of any person or entity In particular it is

expressly understood and agreed that the Government of India is not a party to this Agreement and has no

liabilities obligations or rights hereunder It is expressly understood and agreed that MDL is an independent

legal entity with power and authority to enter into contracts solely in its own behalf under the applicable of

Laws of India and general principles of Contract Law The (Bidder Supplier Contractor) expressly agrees

acknowledges and understands that MDL is not an agent representative or delegate of the Government of

India It is further understood and agreed that the Government of India is not and shall not be liable for any

acts omissions and commissions breaches or other wrongs arising out of the contract Accordingly (Bidder

Supplier Contractor) hereby expressly waives releases and foregoes any and all actions or claims including

cross claims impleader claims or counter claims against the Government of India arising out of this contract

and covenants not to sue Government of India in any manner claim cause of action or thing whatsoever

arising of or under this Agreement

320 EXPORT LICENCE 321 The export licenses that may be required for delivery of the various itemsequipment to MDL shall be

arranged by the Bidder Supplier Contractor from the concerned authorities in their country without any

time amp cost implications on the Purchaser

330 BANNED OR DE-LISTED CONTRACTORS VENDORS 331 The Bidder Vendor Contractor declares that they being Proprietors Directors Partners have not

been any time individually or collectively blacklisted or banned or de-listed by any Government or quasi

Government agencies or PSUs If a bidderrsquos entities as stated above have been blacklisted or banned or delisted

by any Government or quasi Government agencies or PSUs this fact must be clearly stated and it may

not necessarily be a cause for disqualifying him

340 DUTY OF PERSONNEL OF SUPPLIERVENDOR 341 MDL being a Defence Organization Bidder Vendor Contractor undertakes that their personnel

deployed in connection with the entrusted work will not indulge in any activities other than the duties

assigned to them

350 DISPUTE RESOLUTION MECHANISM AND ARBITRATION

351 DISPUTE RESOLUTION MECHANISM (DRM) i) Any disputedifferences between the parties arising out of and in connection with the contract shall be

settled amicably by mutual negotiations

ii) In case of non-settlement by (i) above if at any time before during or after the contract period any

unsettled claim dispute or difference arose between the parties upon or in relation to or in connection with

or in any way touching or concerning this tenderagreementordercontract the same shall be referred to the

concerned Functional Director

The Functional Director shall then nominate an Executive of the rank of General Manager whom he thinks fit

and competent or a Committee of Executives whowhich shall then scrutinise the claimsdisputes that have

been referred to the concerned functional Director and make efforts for amicable settlements by mutual

discussionsnegotiations

iii) In case no amicable settlement is arrived by (ii) above within a period of three months then the contractor

shall approach Public Grievance Cell and address the disputes as per the provisions made under the relevant

GM(M)MTI2000007617Passivation Station

Page 32 of 45

clause of the contract

iv) In case the issuesdisputes do not get settled within a period of six months from the date of

submission of the dispute to the Grievance Cell then the contractor may invoke Arbitration Clause of the

contract

352 ARBITRATION Unresolved disputesdifferences if any shall then be settled by arbitration The

Arbitration proceedings shall be conducted at Mumbai India in English Language under the Arbitration amp

Conciliation Act 1996

MDL prefers to have arbitration through Institutes such as Indian Council of Arbitration (ICA)ICA-DR with

the mutual consent of the parties

353 In case of unresolved differencedispute between the Purchaser and Supplier being Central Public

Sector EnterprisesCentral Govt departments the disputes shall be resolved firstly through mutual discussion

or through the empowered agencies of the Govt or through arbitration by reference by either party to the

department of Public Enterprises as per extant guidelines If disputesdifferences remain

unresolvedunexecuted the same shall be referred first to the Cabinet Secretariat and then if necessary to the

PMO

354 Any changes to arbitration clause must be vetted by HOD (Legal) before incorporation in

contractPO

360 JURISDICTION OF COURTS 361 All contracts shall be deemed to have been wholly made in Mumbai and all claims there under are

payable in Mumbai City and it is the distinct condition of the order that no suit or action for the purpose of

enforcing any claim in respect of the order shall be instituted in any Court other than that situated in Mumbai

City Maharashtra State India ie courts in Mumbai shall alone have jurisdiction to decide upon any dispute

arising out of or in respect of the contract

-----------------------

GM(M)MTI2000007617Passivation Station

Page 33 of 45

Enclosure-4

GENERAL TERMS amp CONDITIONS (GTampC)

A10 Blank

A20 SECURITY DEPOSIT A21 The successful bidder shall submit a Security Deposit 5 of the contract order value (excluding

taxes duties freight service component) of the Order in the form of Demand Draft Bank Guarantee in the

prescribed format in favour of Purchaser within 25 days from date of Contract The Security Deposit will be

returned only after the successful execution of the order contract Refund of Security Deposit whenever

considered admissible by the Purchaser shall be without interest only

A30 FORFEITURE OF EMD BID BOND A31 In cases of withdrawal of bid during validity period or during any extension granted thereof non

acceptance of agreed conditions of Technical and or Commercial and or Price Negotiations non-submission

of the security deposit and or non-acceptance of the order the EMD or bid security will be forfeited or

encashed as the case may be

A40 FORFEITURE OF SECURITY DEPOSIT A41 Non-performance of agreed terms and or defaultbreach by BidderVendorContractor will result in

forfeiture of security deposit with application of risk purchase provisions as felt appropriate by the Purchaser

A50 FORFEITURE OF PERFORMANCE GUARANTEE A51 In the event of BidderVendorContractor failure to attend the Guarantee defects within a reasonable

period of time the Performance Bank Guarantee will be encashed by the Purchaser The Purchaserrsquos decision

shall be final and binding on BidderVendorContractor

A60 SUPPLIES A61 The equipment products items Services to be supplied shall be strictly in accordance with the

Drawings Specifications Requirements indicated in the Tender Enquiry Order with deviations if any as

mutually accepted

A70 PROGRESS REPORTING amp MONITORING A71 Where so stipulated in the order the Bidder Supplier Contractor shall render such reports from time

to time as regards the progress of the contract and in such a form as may be called for by the Purchaser

A80 CANCELLATION OF ORDER A81The Purchaser reserves the right to cancel an order forthwith without any financial implications on either

side if on completion of 50 of the scheduled deliveryCompletion period the progress of

manufactureSupply is not to the satisfaction of Purchaser and failure on the part of the

BidderVendorContractor to comply with the delivery schedule is inevitable In such an event the

BidderVendorContractor shall repay all the advances together with interest at prevailing bank rates from the

date of receipt of such advances till date of repayment The title of any property delivered to Purchaser will

be reverted to the BidderVendorContractor at his cost

A82 In case of breach non-compliance of any of the agreed terms amp conditions of order contract MDL

reserves the right to recover consequential damages from the vendor contractor on account of such

premature termination of contract

A83 In case of delay beyond agreed period for liquidated damages or 10weeks from contractual delivery

period whichever is earlier MDL reserves the right to cancel the order and procure the order items services

from any available source at MDLrsquos option amp discretion and entirely at your risk and cost Extra expenditure

incurred by MDL in doing will be recoverable from Bidder Supplier Contractor

A90 PRESERVATION AND MAINTENANCE

A91 Should any material require any preservation till its final installationfitment the detailed procedure

(Long term amp short term) for the same as also the time of interval after which the state of preservation needs

to be reviewed is to be stated by the BidderVendorContractor

A92 Further the de-preservation prior to the materialequipment being commissioned and the maintenance

procedure together with its periodicity is also to be indicated by the Bidder Vendor Contractor

A93 The Bidder Vendor Contractor in their offer must confirm that indigenous oil lubricants and

preservatives etc can be used in the equipment The bidder must also give assurance that the equipment

performance will not be downgraded by use of indigenous equivalents

A100 FREIGHT amp INSURANCE

A101 For Indigenous Bidders In cases where the offers are for Door Delivery to Purchaser transit freight

amp Insurance charges shall be borne by the Bidder Supplier Contractor In other agreed cases of Ex-works

Ex-Transporters warehouse or Railway godown offers the Bidder Supplier Contractor on dispatch shall

give details of materials with dispatch particulars and their value in time to Purchasers Insurance Company

GM(M)MTI2000007617Passivation Station

Page 34 of 45

on the contact details as provided in the order In such agreed cases the freight amp insurance charges will be

paid by the purchaser directly to the parties concerned

A102 For Foreign Bidders For overseas supplies on CIF port of dispatch basis Transit Insurance shall be

arranged by the Purchaser The Bidder Supplier Contractor shall immediately on despatch of the

items inform all relevant details of despatch such as Order number Bill of LadingAWB number

marked as Freight Paid Insurance policydocument number of packages value of consignment

invoice number in time directly to Purchasers Insurance company amp Purchaser on the contact details

as provided in the order In case of delivery term other than CIFCIP the freight amp insurance charges

will be paid by the purchaser directly to the parties concerned

A110 TAXES amp DUTIES STATUTORY LEVIES A111 Taxes and duties applicable if any shall be regularized by MDL by issuing necessary exemption

certificates in respect of procurement for Defence Projects Bidder shall indicate separately the GST and

duties applicable in their offer When the items qualify for exemption partlyfully but the supplier did not

avail of the same the amount of taxes and duties on such supplies shall be to supplierrsquos account In cases

where exemption certificates are not issued for any reason taxes shall be paid as indicated in the Purchase

OrderContract Tax deduction at source will be effected wherever applicable (eg TDS under Income tax

Act TDS on Works Contract under GST Act etc) from the bills of the Supplier as per statutes Similarly

where payment of Custom duty is agreed to and stipulated in the Purchase Order Contract the same will be

paid by the Purchaser on receipt of supplierrsquos bills along with Custom Certified Duty Paid Challan-Money

Receipt in original or carbon copy as relevant These Challans Receipts Bill of Entry are to be drawn issued

in the name of lsquoMAZAGON DOCK SHIPBUILDERS LIMITEDrsquo only Where payment of GST is agreed to

and stipulated in the Purchase Order Contract the same will be paid by the Purchaser on the basis of

Suppliers TAX INVOICE wherein the GST Number along with HSN SAC code is indicated in the Invoice

A120 DEMURRAGE A121 Storage and Demurrage charges will be payable by the Bidder Vendor Contractor for all shipments

that reach purchaser without proper dispatch documentations Lorry Receipts not accompanied by packing

lists invoices etc The Supplier shall be responsible for fines due to errors or omissions in description weight

or measurements and for increased handling charges due to improper packing

A130 INSPECTION TESTING A131The ordered items will be inspected either by Classification Society Nominated Agency and or by

Inspection Officer nominated by Purchaser at stages defined in the tender Purchase Order or as agreed to be

defined subsequently in terms of the Purchase Order

A132 The decision of the Inspecting Authority or their representatives as the case may be on any question

of the intent meaning and the scope of Specifications Standards shall be final conclusive and binding on

the Bidder Vendor Contractor

A133 The Bidder Vendor Contractor shall accord all facilities to Purchasers Inspectors Nominated

Agency to carry out Inspection Testing during course of manufacture final testing

A140 RECEIPT INSPECTION BY MDL A141 MDL shall carry out necessary inspection of the items on receipt on the basis of an appropriate quality

assurance system and inspection system requirements along with representative of the Owner Any objection

raised by MDL Quality Control Team against quality of materials or workmanship shall be satisfactorily

corrected by the Contractor at his expense including replacement as may be required within shortest possible

time within 30 days Items damaged during transit shall also be rectified replaced by the Contractor within

shortest possible time payment for which shall be made at mutually agreed rates

A150 REJECTION OF MATERIALS A151 Should the articles or any portion thereof of the equipment be found defective rejected the Bidder

Vendor Contractor shall collect the same from the Purchasers Stores all incidental charges being borne by

him (inclusive of Custom duty if payable) within 30 days from the date of intimation to the Bidder Vendor

Contractor of such rejection The Purchaser reserves the right to dispose off the rejected items at the end of

a total period of 90 days in any manner to the best advantage to the Purchaser and recover storage charges

and any consequential damages from sale proceeds of such disposal

A160 TECHNOLOGICAL DEVELOPMENTS MODIFICATIONS

A161 The Bidder Supplier Contractor shall unconditionally and free of cost to the Purchaser transfer

information on technological developments innovations modifications which the BidderSupplier

Contractor would evolve in future (within 3 years) in relation to the supplied equipment To enable this the

Purchasers address shall be added to the Bidder Supplier Contractorrsquos mailing list or database or any other

document maintained for dissemination of product information and the Purchaser shall be informed of the

GM(M)MTI2000007617Passivation Station

Page 35 of 45

action taken in this regard If such improvements modifications are brought in by the Bidder Supplier

Contractorrsquos Design Department in the course of manufacture of equipment ordered by the Purchaser the

Bidder Supplier Contractor shall incorporate such improved versions in the equipment without any extra

cost to the Purchaser under Purchaserrsquos prior consent

A162 If the Purchaser be desirous of getting incorporated all post supply modifications improvements

arising out of technological developments to the original equipment supplied by the Bidder Supplier

Contractor the Bidder Supplier Contractor shall quote for and carry out all such modifications to the

equipment

A163 Where the whole or a portion of the equipment has been specifically developed by the Bidder

Supplier Contractor for the Owner and the latter would through the Purchaser be bearing the entire or part

of the development cost incurred by the Bidder Supplier Contractor the design rights for the whole or

portion thereof of the equipment as appropriate shall vest in the Owners

A164 Prior approval of the Owner should be obtained before similar articles are sold supplied to any other

party other than the Owner If such approval is given and sale is effected the Bidder Supplier Contractor

shall pay to the Owner royalty at the rate mutually agreed to

A165 The Sub-contractor Supplier Supplier shall continue to support the equipment for a minimum period

of 20 years from the date of supply by making available spare parts and assemblies of the equipment

supplied Should the Sub-contractor Supplier Supplier decides to discontinue the product for any reason

whatsoever adequate notice shall be given to the Purchaser Owner to enable procurement of the requisite

lifetime spares

A170 PURCHASERrsquoS RIGHT TO ACCEPT ANY BID PART OF BID AND TO REJECT ANY OR

ALL BIDS A171 The Purchaser reserves the right to accept and or reject any or all tenders and or to withdraw the tender

in Toto and or award the contract order in full or part to more than one vendor contractor without

assigning any reason whatsoever and without thereby incurring any liability to the affected Bidder or Bidders

or any obligations to inform the affected Bidder or Bidders of the grounds for MDL action

A180 BANK GUARANTEE INSURANCE COVER FOR FREE ISSUE MATERIAL A181 The Bidder Supplier Contractor shall furnish Bank Guarantee insurance Cover equivalent to the

value of materials supplied by MDL free of cost valid up to the execution of the contract delivery of

material inspected accepted and receipt at MDL together with the material reconciliation statement

whichever is later

A190 BIDDERrsquoS RESPONSE IN CASE OF NO PARTICIPATION A191 The Sub-contractor Supplier Vendor shall inform the Purchaser in advance in case he is unable to

participate in the tender for whatsoever reason Failure to comply with this will be viewed seriously and

consecutive three failures on the part of Sub-contractor Supplier Vendor to do so is liable for

disqualification debarring of the Sub-contractor Supplier Vendor from all future tender enquiries and or

delisting from the list of Approved Registered Vendors

A230 PREFERENCETIAL PURCHASE FROM MSE VENDORS ndash Not Applicable MDL has right to place order on MSE firm meeting following criteria

In tenders if participating MSEs quoted prices are within price band of L1+15 such MSEs shall also be

allowed to supply a portion up to 20 of requirement by bringing down their prices to L1 price where L1 is

non MSEs If more than 1 MSEs fall under such criteria then this 20 shall be distributed proportionally

This preference shall not be applicable where MSE firm is L1 firm out of 20 percent target of annual

procurement from Micro and Small Enterprises a sub-target of 20 percent (ie 4 percent out of 20 percent)

shall be earmarked for procurement from Micro and Small Enterprises owned by the Scheduled Caste or the

Scheduled Tribe Entrepreneurs In respect of items reserved for MSE extant guidelines shall be followed

Presently Circular No SO 581(E) dated 23032012 is applicable

GM(M)MTI2000007617Passivation Station

Page 36 of 45

Annexure-5

LOADING FACTORS A

Sr

No

Description Foreign Supplier

100 import content

Indigenous

Supplier with part

Import content

Indigenous

Supplier without

Import content

1 Basic Price Quoted

CIF

a a Ex Works

b b Delivered to

MDL Stores

a Ex Works

b Delivered to

MDL Stores

2 Add Insurance Charges Nil In case of 1 (a) In case of 1 (a)

3 Add Sea Air Freight charges

Inland Road Transport Nil In case of 1 (a) In case of 1 (a)

4

Customs Clearance Port

Handling Transportation to

Yard

Applicable NIL NIL

5

Cost (ex-MDL) excluding taxes

amp duties without loading

towards any deviations

CIF price +

SrNo4 Sr Nos (1+2+3) Sr Nos (1+2+3)

B LOADINGS DUE TO VARIATIONS IN FINANCIAL TERM

6 Variation in payment Terms

Varied payment terms quoted by bidders as compared to the terms stated

in the tender document shall be normalized on the amount(s) at variation

and or for the period (in no of days) at variation by adopting the Prime

Lending Rate of State Bank India plus 2 thereon incase of indigenous

bidders and LIBOR EURIBOR rates in case of foreign bidders

7

Income tax amp Service Tax on

Technical Services Service

Engineers liability to MDL

Normalization shall be done in respect of the amount of tax that have to

be borne by the Company

8 Production norms such as

scrap output ndash input ratio

9 Base date for price variation

clause

1

0

Cost (ex-MDL) excluding taxes

amp duties after loading for

variations in financial term

(SR Nos 5 + 6 + 7 + 8 + 9)

C LOADING ON ACCOUNT OF DEVIATIONS IN FOLLOWING COMMERCIAL TERMS

11

Security Deposit Contract

Performance Guarantee Mandatory

12

Equipment Performance

Guarantee Mandatory

13

Additional delivery period

sought over stipulated period as

per Tender

For the additional period sought by the bidder over the stipulated date of

delivery as per tender 050 per week for delayed period will be loaded

to the quoted price if the period under variation does not lead to bid

rejection criteria 14 Additional time sought for

supplying binding data

15 Liquidated damages per week

rate Maximum Ceiling

If bidder seeks less than 5 (Max ceiling) then the difference will be

loaded

The rate of LD per week or part thereof is 05 If bidder seeks say 04

per week or part thereof then Max Ceiling of LD will be equated to

weeks (Say 10 weeks) then LD proposed by bidder works out to 10 X 04

= 4 then 1 will be loaded

16 Warranty Guarantee

Deviations in respect of the period of Warranty shall be loaded to the

quoted price 025 per month or part thereof This does not arise if

the bidder quotes additional price for the differential period

GM(M)MTI2000007617Passivation Station

Page 37 of 45

17

Cost (Ex-MDL) excluding taxes

amp duties after loading for

variations on account of

financial and commercial terms

Sr Nos 10 + 11 + 12 + 13 + 14 + 15 + 16

D LANDED COST

18

Taxes amp Duties

19

Landed Cost Sr Nos 17 + 18

GM(M)MTI2000007617Passivation Station

Page 38 of 45

Annexure-6

LETTER OF CREDIT FORMAT FOR SHIPMENT BY SEA AIR

40A Form of Documentary Credit Type IRREVOCABLE

20 Transaction Reference Number Documentary

Credit Number

31C Date of Issue Date

31D Date and Place of Expiry Date

Place NEGOTIATING BANK

51A Applicant Bank BIC BANKERS OF MDLMUMBAI

50 Applicant Name amp Address MAZAGON DOCK SHIPBUILDERS LTD

DOCKYARD ROAD MAZAGON MUMBAI ndash

400 010

59 Beneficiary Name amp Address

32B Currency Code Amount

Currency

Amount

39A Percentage Credit Amount Tolerance

Tolerance 1

Tolerance 2

41D Available with hellipByhellip Name amp Address

42C Draft at hellip Narrative SIGHTNEGOTIATION

42D Drawee Name amp Address BANKERS OF MDLMUMBAI

43P Partial Shipments Narrative ALLOWEDNOT ALLOWED

43T Transhipment Narrative ALLOWEDNOT ALLOWED

44A Loading on Board Dispatch Narrative AIRPORT SEAPORT (AS PER TENDER

ENQUIRYORDER)

44B For Transportation to Narrative AIRPORT SEAPORT (AS PER TENDER

ENQUIRYORDER)

44C Latest Date of Shipment Date

46A Documents required Narrative (AS PER TENDER ENQUIRY)

47A Additional conditions Narrative 1 ALL DOCUMENTS SHOULD BE MARKED

WITH IEC CODE NO0388070412 LC NO

AND DATE AND IMPORT UNDER NON-

NEGATIVE LIST OF IMPORT EXPORT

POLICY AM

2 DISCREPANT DOCUMENTS TO BE SENT

STRICTLY ON COLLECTION BASIS

71B Details of charges Narrative ALL FOREIGN BANK CHARGES OUTSIDE

INDIA ARE FOR THE BENEFICIARYrsquoS

ACCOUNT

48 Period for presentation

Narrative

WITHIN ----- DAYS FROM THE DATE OF

BILL OF LADING AIRWAY BILL 49 Confirmation instructions

Instruction

WITHOUT

53D Reimbursing Bank

Name amp Address

BANKERS OF MDL WILL SPECIFY

78 Instructions to the Paying Accepting Bank

Narrative

BANKERS OF MDL WILL SPECIFY 72 Sender to Receiver Information

Narrative

BANKERS OF MDL WILL SPECIFY

GM(M)MTI2000007617Passivation Station

Page 39 of 45

Enclosure-7

PROFORMA BANK GUARANTEE FOR BID BOND EMD

(On Non-Judicial stamp paper of value Rs 500-)

IN CONSIDERATION OF MAZAGON DOCK SHIPBUILDERS LIMTED a company incorporated under the Companies Act 1956 and having its registered office at Dockyard Road Mumbai 400010 (hereinafter referred to as

the ldquothe Companyrdquo which expression shall unless it be repugnant or contrary to the subject or context thereof be

deemed to mean and include its successors and assigns) having agreed to accept the Earnest Money Deposit (EMD)

of Rs--------------------------- -------(Rupees-----------------------------only) in the form of Bank Guarantee from Messers

a partnership firmsole proprietor businessa company registered under the Companies Act 1956

having its office at (hereinafter called the tenderer which expression shall unless it be

repugnant or contrary to the subject or context thereof be deemed to mean and include its successors and assigns) for

participating in the Tender nodated (hereinafter called the tender which expression

shall include any amendmentsalterations to the tender issued by the Company) for the supply delivery at site

installation and commissioning of certain equipment itemservicescivil works etc We

Bank having office at (hereinafter referred to as ldquothe Bankrdquo which

expression shall includes its successors and assigns) hereby agree to pay to the Company without any demur on first

demand an amount not exceeding Rs (Rupeesonly) against any loss or damage costs charges and expenses caused to or suffered by the Company by reason of non performance and non-fulfilment or for

any breach on the part of the tenderer of any of the terms and conditions of the said tender

2 We Bank further agree that the Company shall be sole judge whether the said tenderer has

failed to perform or fulfil the said tender in terms thereof or committed breach of any terms and conditions of the

tender the extent of loss damage cost charges and expenses suffered or incurred or would be suffered or incurred by

the Company on account thereof and we waive in the favour of the Company all the rights and defences to which we

as guarantors may be entitled to

3 We Bank further agree that the amount demanded by the Company as such shall be final and

binding on the Bank as to the Bank s liability to pay and the amount demanded and the Bank undertake to pay the

Company the amount so demanded on first demand and without any demur notwithstanding any dispute raised by the

tenderer or any suit or other legal proceedings including arbitration pending before any court tribunal or arbitrator

relating thereto our liability under this guarantee being absolute and unconditional

4 We Bank further agree with the Company that the Company shall have the fullest liberty

without our consent and without affecting in any manner our obligations hereunder to vary any of the terms and

conditions of the said tenderor to extend time of performance by the tenderer from time to time or to postpone for

any time to time any of the powers exercisable by the Company against the tenderer and to forbear to enforce any of

the terms and conditions relating to the tender and we shall not be relieved from our liability by reason of any such

variation or extension being granted to the tenderer or for any forbearance act or omission on the part of the

Company or any indulgence by the Company to the tenderer or by any such matter or things whatsoever which under

the law relating to sureties would have the effect of relieving us

5 We Bank further undertake not to revoke this guarantee during its currency except with

the previous consent of the Company in writing

6 We Bank also agree that the Bankrsquos liability under this guarantee shall not be affected

by any change in the constitution of the tenderer or dissolution or winding up of the business of the tenderer

7 Notwithstanding anything contained herein above

i) Our liability under this guarantee shall not exceed Rs

ii) This Bank Guarantee shall be valid upto and including and

iii) We are liable to pay the guarantee amount or any part thereof under this Bank Guarantee only and only if you

serve upon us a written claim or demand on or before helliphelliphellip (validity + --- weeks from the date of expiry of this

guarantee)

8 This Guarantee shall be governed by Indian laws and the Courts at Mumbai India shall have the exclusive

jurisdiction

GM(M)MTI2000007617Passivation Station

Page 40 of 45

IN WITNESS WHEREOF the Bank has executed this document on this day

of

For Bank

(by its constituted attorney

or the person authorized to sign)

(Signature of a person authorized

to sign on behalf of the Bank)

GM(M)MTI2000007617Passivation Station

Page 41 of 45

Enclosure-8

PROFORMA BANK GUARANTEE FOR SECURITY DEPOSIT (ILLUSTRATIVE FORMAT)

(On Non-Judicial stamp paper of value Rs 500)

IN CONSIDERATION OF MAZAGON DOCK SHIPBUILDERS LIMTED a company incorporated under the

Companies Act 1956 and having its registered office at Dockyard Road Mumbai 400010 (hereinafter referred to as

the ldquothe Purchaserrdquo which expression shall unless it be repugnant or contrary to the subject or context thereof be

deemed to mean and include its successors and assigns) having placed an order on Messers

a partnership firmsole proprietor businessa company registered under the Companies Act 1956

having its office at (hereinafter called the Contractor Supplier which expression shall unless it

be repugnant or contrary to the subject or context thereof be deemed to mean and include its successors and assigns)

vide order No dated (hereinafter called the order which expression shall include any

amendmentsalterations to the order issued by the Purchaser) for the supply delivery at site installation and

commissioning of certain equipment itemservicescivil works etc as stated in the said Order and the Purchaser

having agreed with the ContractorSupplier to accept a Bank Guarantee in lieu of Security Deposit payable under the

said order for the fulfilment and performance of the said order We Bank having

office at (hereinafter referred to as the Bank which expression shall includes its

successors and assigns) hereby agree to pay to the Purchaser without any demur on first demand an amount not

exceeding Rs (Rupeesonly) being 5 of the order value against any loss or damage costs

charges and expenses caused to or suffered by the Purchaser by reason of non performance and non-fulfilment or for

any breach on the part of the Contractor Supplier of any of the terms and conditions of the said order

2 We Bank further agree that the Purchaser shall be sole judge whether the said

contractorSupplier has failed to perform or fulfil the said order in terms thereof or committed breach of any terms

and conditions of the order and the extent of loss damage cost charges and expenses suffered or incurred or would

be suffered or incurred by the Purchaser on account thereof and we waive in the favour

of the Purchaser all the rights and defences to which we as guarantors may be entitled to

3 We Bank further agree that the amount demanded by the Purchaser as such shall be final and

binding on the Bank as to the Bank s liability to pay and the amount demanded and the Bank undertake to pay the

Purchaser the amount so demanded on first demand and without any demur notwithstanding any dispute raised by the

ContractorSupplier or any suit or other legal proceedings including arbitration pending before any court tribunal or

arbitrator relating thereto our liability under this guarantee being absolute and unconditional

4 We Bank further agree with the Purchaser that the Purchaser shall have the fullest liberty

without our consent and without affecting in any manner our obligations hereunder to vary any of the terms and

conditions of the said orderor to extend time of performance by the Supplier from time to time or to

postpone for any time to time any of the powers exercisable by the Purchaser against the Contractor Supplier and to

forbear to enforce any of the terms and conditions relating to the order and we shall not be relieved from our liability

by reason of any such variation or extension being granted to the Contractor Supplier or for any forbearance act or

omission on the part of the Purchaser or any indulgence by the

Purchaser to the ContractorSupplier or by any such matter or things whatsoever which under the law relating to

sureties would have the effect of relieving us

5 We Bank further undertake not to revoke this guarantee during its currency except with

the previous consent of the Purchaser in writing

6 We Bank also agree that the Bankrsquos liability under this guarantee shall not be affected

by any change in the constitution of the Contractor Supplier or dissolution or winding up of the business of the

contractor supplier

7 Notwithstanding anything contained herein above

i) Our liability under this guarantee shall not exceed Rs

ii) This Bank Guarantee shall be valid upto and including and

GM(M)MTI2000007617Passivation Station

Page 42 of 45

iii) We are liable to pay the guarantee amount or any part thereof under this Bank Guarantee only and only if you

serve upon us a written claim or demand on or before helliphelliphelliphellip(validity + ---weeks from the date of expiry of this

guarantee)

8 This Guarantee shall be governed by Indian laws and the Courts at Mumbai India

shall have the exclusive jurisdiction

IN WITNESS WHEREOF the Bank has executed this document on

this day of

For Bank

(by its constituted attorney)

(Signature of a person authorised

to sign on behalf of the Bank)

GM(M)MTI2000007617Passivation Station

Page 43 of 45

Enclosure-9

PROFORMA BANK GUARANTEE FOR PERFORMANCE (ILLUSTRATIVE FORMAT)

(On Non-Judicial stamp paper of value Rs 500-)

IN CONSIDERATION OF MAZAGON DOCK SHIPBUILDERS LIMTED a company incorporated under the

Companies Act 1956 and having its registered office at Dockyard Road Mumbai 400010 (hereinafter referred to as

the ldquothe Purchaserrdquo which expression shall unless it be repugnant or contrary to the subject or context thereof be

deemed to mean and include its successors and assigns) having placed an order on Messers a

partnership firmsole proprietor businessa company registered under the Companies Act 1956 having its Registered

office at (hereinafter called the Contractor Supplier which expression shall unless it be

repugnant or contrary to the subject or context thereof be deemed to mean and include its successors and assigns)

vide order No dated (hereinafter called the order which expression shall include any

amendmentsalterations to the order issued by the Purchaser) for the supply delivery at site installation and

commissioning of certain equipment itemservicescivil works etc as stated in the said Order and the Purchaser

having agreed that the Contractor Supplier shall furnish a security for the performance of the Contractorrsquos

Suppliers obligations andor discharge of the Contractorrsquos Suppliers liability in connection with the said order and

the Purchaser having agreed with the ContractorSupplier to accept a performance guarantee We

Bank having office at (hereinafter referred to as the

Bank which expression shall includes its successors and assigns) hereby agree to pay to the Purchaser without any

demur on first demand an amount not exceeding Rs (Rupeesonly) being 10 of the order

value against any loss or damage costs charges and expenses caused to or suffered by the Purchaser by reason of

non-performance and non-fulfilment or for any breach on the part of the Contractor Supplier of any of the terms and

conditions of the said order

2 We Bank further agree that the Purchaser shall be sole judge whether the said

ContractorSupplier has failed to perform or fulfil the said order in terms thereof or committed breach of any terms

and conditions of the order and the extent of loss damage cost charges and expenses suffered or incurred or would

be suffered or incurred by the Purchaser on account thereof and we waive in the favour of

the Purchaser all the rights and defences to which we as guarantors may be entitled to

3 We Bank further agree that the amount demanded by the Purchaser as such shall be final and

binding on the Bank as to the Bank s liability to pay and the amount demanded and the Bank undertake to pay the

Purchaser the amount so demanded on first demand and without any demur otwithstanding any dispute raised by the

ContractorSupplier or any suit or other legal proceedings including arbitration pending before any court tribunal or

arbitrator relating thereto our liability under this guarantee being absolute and unconditional

4 We Bank further agree with the Purchaser that the Purchaser shall have the fullest liberty

without our consent and without affecting in any manner our obligations hereunder to vary any of the terms and

conditions of the said orderor to extend time of performance by the Supplier from time to time or to postpone for

any time to time any of the powers exercisable by the Purchaser against the Contractor

Supplier and to forbear to enforce any of the terms and conditions relating to the order and we shall not be relieved

from our liability by reason of any such variation or extension being granted to the Contractor Supplier or for any

forbearance act or omission on the part of the Purchaser or any indulgence by the Purchaser to the

ContractorSupplier or by any such matter or things whatsoever which under the law

relating to sureties would have the effect of relieving us

5 We Bank further undertake not to revoke this guarantee during its currency except with

the previous consent of the Purchaser in writing

6 We Bank also agree that the Bankrsquos liability under this guarantee shall not be affected

by any change in the constitution of the Contractor Supplier or

dissolutionhelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

7 Notwithstanding anything contained herein above

i) Our liability under this guarantee shall not exceed Rs

ii) This Bank Guarantee shall be valid upto and including and

GM(M)MTI2000007617Passivation Station

Page 44 of 45

iii) We are liable to pay the guarantee amount or any part thereof under this Bank Guarantee only and only if you

serve upon us a written claim or demand on or before helliphelliphellip (validity + ---weeks from the date of expiry of this

guarantee)

8 This Guarantee shall be governed by Indian laws and the Courts at Mumbai India shall have the exclusive

jurisdiction

IN WITNESS WHEREOF the Bank has executed this document on

this day of

For Bank

(by its constituted attorney)

(Signature of a person authorised

to sign on behalf of the Bank)

GM(M)MTI2000007617Passivation Station

Page 45 of 45

Enclosure-10

Electronic Payment Mandate Form

(MDL Bank details)

Name of the CompanyFirm Mazagon Dock Shipbuilders Limited

Address with Phone no Dockyard Road Mumbai ndash 400010

E-Mail ID

Phone No +91 22 23745310

Fax No

Particulars of Bank Account

Name of the Bank State Bank of India

Name of the Branch Mazagon Dock Mumbai Branch

Branch Code 9054

Bank IFSC NEFT Code SBIN0009054

Bank Address MBPT Workshop building NV Nakhwa Road Mazagon - 400010

City Name Mumbai

Telephone No of Bank +91 22 23752802

9 digit code no of bank amp branch

appearing on the MICR cheque

issued by your bank

400002120

Type of Account Current Account

Account No 10005255246

Income Tax PAN No AAACM8029J

Page 2: Final Tender - Mazagon Dock Shipbuilders...DIVISION-SHIP BUILDING DEPARTMENT-MATERIAL PROCUREMENT Tender no.: GM(M)/MTI/2000007617 for the Engineering, Manufacturing, Supply/Installation,

GM(M)MTI2000007617Passivation Station

Page 2 of 45

2 TECHNICAL SPECIFICATION FOR PASSIVATION STATION

PASSIVE STATION FOR Cu-Ni CIRCUIT (PIPELINE)

Scope of Work and Scope of Supply

Supply Installation Erection Testing and Commissioning of Passivation Station for Cu- Ni

pipelines Qty - 01 No

General Description of the equipment

The function of the passivation station of Cu-Ni (70-30) pipelines circuits is to protect these circuits from erosion corrosion and optimize their life duration

The passivation station of Cu-Ni (70-30) pipelines circuits will be a mobile station and therefore will be modular All its elements indicated below will be fitted into a standard

container The passivation station will consist of the following elements 1 A water storage tank of approximately 2 msup3 made of glass fiber reinforced polyester (GFRP)

The tank will be preferably cylindrical It will be an enclosed container in order to avoid the

water overflow when in movement The tank will have a manhole of big dimensions for

inspection purposes It will be an atmospheric tank The connection with the atmosphere will be

located outside the container The tank will have a visual level indicator (easy reading and calibrated) It will have three DN80 penetrations with a standard ISO flange in the ends

connecting the isolation valves The tank outlet will be located in the lowest part of the tanks and its location in the container will be over the aspiration(suction) of the electric pump groups

facilitating the priming to the pump 2 A DN80 isolation valve in each input or output of the storage tank The valves will be made

of materials resistant to the seawater (polypropelene)

3 It will have two (2) additive dosing systems- one for iron sulphate and the other for sodium

chloride (sea salt) which will drop their products in the storage tank after keeping them in the

temporary storing tanks for their preparation In the case of the sodium chloride the temporary

tank will be a salt brine tank of 300 liters which will be capable of dissolving at least 70 kg of

sodium chloride in fresh water The addition of salt to the brine tank will be done manually

The brine of this tank will be introduced into the storing tank by means of a pump in

thermoplastic polymers with a flow of 40 lm The pump shut- off would be controlled from the

control panel and station automations when the resistivity reaches value equipment to a salinity

of 35 The brine tank as the pump and the rest of elements will be materials resistant to

seawater In the case of the iron sulphate the temporary container will be an open propylene

tank with cover where the iron sulphate dose will be introduced weighted previously in 10

gram bags to be mixed with water From this tank the mixing will be transferred to the main tank by means of a peristaltic pump The size of the receiving containers will be enough in

order to store the maximum dose full storing tank taking into account that the proportions must be 5 gm of iron sulphate per msup3 of fresh water and 35 gm of sodium chloride per liter of fresh

water 4 Two input lines to the feeding tank and one output line of DN80 The lines will be made of

galvanized steel At the start of the input lines to the tank standard flange connections will be fitted located in the outside of the container These input lines will go through the container

using a penetration

5 A galvanized steel manifold (DN80) will be fitted on the output valve of the storing tank

which will supply the electric pump groups Two (2) electric pump groups each group having a

centrifugal electric pump of high capacity and another one of low capacity The high capacity

electric pump will be of 40 msup3 hr and an elevation head of 22 m The low capacity electric

pump will be of 6 msup3 hr and an elevation head of 10 m The aspiration (suction) and discharges

of the pumps will be of DN80 The electric pumps will be made of materials compatible with

the materials used in the piping and with salt water (at rest and in motion) The reference

pressure of the pumps will be the normal pressure in the fresh water circuit of a city

GM(M)MTI2000007617Passivation Station

Page 3 of 45

Each pump will have a start-up shut-off panel which will allow the speed regulation of those

pumps in order to adjust the flow depending on the operator needs Those control panels will be

integrated in the general control and automation panel of the station

6 Each electric pump will be isolated from the circuit by means of an isolation valve in the

DN80 aspiration and by means of a DN80 non-return valve in the discharge

7 A 50microm and DN80 solid particle filter will be located after each one of the electric pump

groups Each filter will have a by-pass line of the filter operated by means of a 3 ways 2 position DN80 valve

8 The discharges of each electric pump group will be DN80 in galvanized steel and will end in a standard flange connection located outside the container

9 In each one of the discharge lines pressure sensors and flow meters will be positioned which will provide the signal to the control panel of the station In each feeding line of the storing

tank resistivity meters will be located which will provide the signal to the control panel of the station

10 The station will also include four flexible ducts (hose) for the connection to the four quick

connections (DN80 and 50 m long) The material of flexible ducts will be resistant to seawater

The connections of the flexible ducts will be standard type

11 A general control and automation panel of the station which will have two different running modes rinse and complete treatment In rinse mode once the pumps are started up the panel

will control the station shut-off when the measured resistivity is higher than 2000 Ohmscm In complete treatment mode the system will carry out first a rinse operation and then when it

stops because the system has reached 2000 Ohmscm the system will request the operator to continue with the treatment pouring the contents of the two receiving containers of the

additives in the storing tank and then starting up the main pumps In the case of the sodium

chloride container it will start up the pump in thermoplastic polymers which will stop

automatically when the resistivity reaches a value equivalent to a salinity of the 35 This

way if after 10 minutes the resistivity is not under 1750 Ohmscm the panel will stop the

pumps and will indicate by means of an alarm that the system has no additives and that it is

necessary to refill the containers The panel will again request the operator to continue the

treatment Once the treatment is restarted if it is not stopped due to the reason indicated above

the station will work in non-stop mode during 48 hours After this period it will stop

automatically If the station stopped due to any reason before that period it would be indicated

by means of a visual alarm that the station has finished the treatment before it should The

panel will display the resistivity value measured by the resistivity meters as the flow and

pressure valves measured by the flow meters and the pressure sensors

12 The container will be fitted with the necessary elements for the correct operation of the station (light ventilation etc)

13 The station will allow carrying out the maintenance operations of Cu-Ni (70-30) circuits before the first launching and also after any immobilization period of the submarine in dock

14 The station must be dimensioned for a non-stop running during at least two days in a row 15 The station will work in a closed circuit

16 The station elements must be prepared for working in a marine environment and with the close presence of seawater

17 Fluid to be contained- Salt water equivalent to seawater The design pressure will be 2 bars

18 All the elements of the station will be fixed rigidly to the container by means of a seating

19 The manifolds as the pumps and valves will have connections by means of standard ISO

flange made of the same material than the pipe with butt joint (an elastomer with fiber glass

without asbestos) The joining of different flanges will be done by means of threaded rod and

steel nut 88 8 respectively Galvanized steel tab washers will be used for interlocking of nuts

20 The connections with the external flexible hoses should be done by means of standard

flange connections All the necessary elements for the connection and tightness (screws joints

etc) of the different flexible hoses will be included The quality of the elements will be the

same one that for the rest of flange connections

GM(M)MTI2000007617Passivation Station

Page 4 of 45

21 The flexible hoses should be made of a material compatible with seawater A standard

flange will be fitted in the ends They are designed and manufactured so to withstand their own

weight suspended from both ends They are protected against scratches caused by the hose

contact with the floor metallic edges etc

22 All the elements must fit in a standard container The necessary spaces for maintenance and

disassembly of the elements should be provided along with the necessary spaces for the station

operation 23 The station will be supplied with three-phase alternating current from the shipyard 415 V

network The network connection will be located in the outside of the container by means of a standard plug

24 All elements which need power supply will be provided with 415 V three-phase AC current If the measurement elements must work under a different voltage or under DC the necessary

elements for the correct equipment working (transformers rectifiers etc) will be provided inside the control panel or inside any other electric panel

25 The container will have the necessary elements for the correct ventilation of the inside of the

container Preferably this ventilation will be natural

26 The Safety Equipment must be in accordance with the standard requirements

27 The expected life duration is 35 years with normal maintenance operations 28 The normal maintenance operation will be as simple and will require a minimum additional

space 29 Materials

bull The material of the tank will be glass fiber reinforced plastic (GFRP) made up of type E glass fiber roving fabrics and polyester resin

bull The material of pipes and flanges will be galvanized

bull The materials of the flexible hose will be resistant to seawater resistant to fretting and

resistant to other agents (solar radiation etc)

bull The materials of all valves will be seawater resistant

30 Tests Under Pressure

The tests will be carried out with fresh water

Service pressure = 2 bar

Tightness test pressure = 3 bar

Resistance test pressure = 3 bar

31 Tests under working conditions

A working test of the station will be carried out so that the operative capacities of the station can

be verified The correct working of the electric pumps and in the control and signal panel of the

station will be verified Also the correct working of the automation system will be check as the adequate proportion in the generation of the mixing

General Conditions 1 The power supply available in the yard is 3 phase 415 V 50 Hz and 230 Volts 50 Hertz The

station should work on this power supply 2 All test parameters are to be recorded and submitted as part of documentation

3 Bidder has to submit the detailed technical specifications with the catalogues GA drawings Electrical drawings for control panels and circuit isolation protective panel if any operation

and maintenance manuals trouble shooting defect rectification in quadruplicate

4 All the materials used should have test certificates and conform to their respective

specifications and third party acceptance certificates are to be submitted to MDL

5 Bidder shall submit complete quality plan and get it approved by MDL within a month time

from the date of receipt of order

6 Firm shall supply 3 copies of operating and maintenance instruction manual to MDL and it

should indicate the following

bull Precautions to be taken during operation and maintenance

bull Trouble shooting chart and rectification methods

bull Recommended list of spares part

bull A print of as fitted drawings

GM(M)MTI2000007617Passivation Station

Page 5 of 45

7 Any deviation from the scope of work terms and condition to be listed separately

Spares

The Supplier should provide the following along with the passivation station

1Special maintenance tools emergency spares (mechanical electrical) and a list of the same to

be submitted with the offer

2Supplier to submit quote for 2 Years recommended maintenance spares indicating Part No

Quantity rate along with validity of rates etc along with offer 3 Minimum quantity of chemicals required for passivation (chemical spares) are Sodium

Chloride 250 Kg amp Iron Sulphate 250 Kg 4Spare Pump Qty-1 Nos with a discharge of 40 cubic meterhour and a discharge head of 22m

5Mechanical seal for the pump at SrNo4 Qty-3 Nos

Maintenance The normal maintenance operation should be simple amp require a minimum additional space

Inspection and Certification

1Third Party Inspection (viz IRS ABS DNV EIL) is to be carried out by the Bidder at their

own cost at factory for workmanship The stage of inspection (QA plan) to be submitted with 30 days after placement of order for approval by MDL

2Factory acceptance trial shall be witness by representative of MDL at supplier premises along with the third party inspection agency for which supplier has to send the prior information of at

least 20 days in advance The charges for MDL personnel will be borne by MDL 3In Factory Acceptance Trail (FAT) several test trail should be performed to verify the

capability of the equipment to meet the required quality of passivation on pipeline circuit The

supplier should submit the FAT procedure to MDL within 30 days after placement of order for

approval

4Receipt inspection shall be carried out on receipt of the equipment at MDL by MDL (QA-

EY) representative

Installation and Commissioning

1Supplier shall be responsible for setting to work and commissioning of the station at East

yard MDL The Supplier is solely responsible if commissioning period extends due to any

reason not attributed to MDL

2Supplier shall arrange all manpower tools and any other items required for commissioning of

the station

3Bidder to give the details of space required for installing the station power supply and any

other requirements to be provided by MDL for working of this system within one month from

the date of placement of order MDL will provide Electric supply compressed air and water free

of cost All charges of installation commissioning service Engineer to be borne by the Bidder

4Spares consumed while setting the passivation station to work commissioning shall be

replaced by the bidder one to one basis free of cost 5Foreign Bidders shall give details of their nominated servicing firm in India to carry out the

installation of the machine and after sales services

Training

Bidder has to impart complete training on operation amp maintenance of the station to Operatives

amp maintenance personnel after successful commissioning

Warranty 1Supplier shall warranty the performance of the station for a period of 12 months after

commissioning or 24 months after receipt of station at MDL whichever is earlier During this period defects if any shall be attended free of cost within 10 working days on being notified

GM(M)MTI2000007617Passivation Station

Page 6 of 45

2The Supplier shall supply the spares of equipment as and when projected for period of ten

years after acceptance of the machine

3Electrical and electronic components shall be so chosen from ranges for which after- sales

support and spares suppliers are guaranteed for a period of 10 years after acceptance of the

machine

Delivery Within 4 months from the date of placement of order Final acceptance of machine on site after

Verification that the machine is complete and conforms to the present specification and all checks are in conformity

30 Prequalification Criteria

31 Pre-Qualification CriteriaDocuments-

311 Bidders Company Profile and Organization Chart

312 Bidders supporting documents for type of company such as -

a Shop amp Establishment registration certificate

b Certification from registrar of firms

c Certificate of Incorporation by registrar of company

313 List of equipment held by them with model year working status along with details of their

manufacturing facilities and personnel with designation qualification and experience to

determine their capabilities NSIC SSI registered bidders are requested to submit the valid

registration certificate indicating the capacity alternatively

314 Audited Certified Balance sheet Profit Loss account for past 3 years(2016-17 2017-18 amp

2018-19)

315 The bidder should have a minimum average turnover of at least for Rs 5379000- during the

last 3 years and shall submit last three years ie 2015-16 2016-17 amp 2017-18 audited balance

sheet amp Profit amp loss account statement Documents should be in English language

316 The bidder should have executed orders of similar supplies of value of at least for

Rs 8965000- during the last 03 years from tender closing date and shall submit Purchase

order copies along with work completion certificate Documents should be in English language

Similar supplies defined as ldquoSupply installation and commissioning of PASSIVATION

STATIONrdquo

317 Declaration by bidders that the firm is GST registered Non GST registered registered under

composition scheme

318 Only bids from OEM will be consider against this tender

GM(M)MTI2000007617Passivation Station

Page 7 of 45

NOTE - (1) Submission of documents mentioned above is mandatory for every bidder Bidders need

to submit supporting documentary evidence in support of the Pre-Qualification Criteria Viz

Work Order Work Completion Certificate issued by the party for whom the work is done

(2) Bidders registered with Mazagon Dock Shipbuilders Limited should furnish copy of valid

registration certificate

(3) MDL has a right to demand for hard copy of any of the above documents any other document amp verify cause verification of authenticity of the said documents or may carry out

site visit whenever felt necessary Bidders shall comply with the same If the document

verification is not found satisfactory to MDL and on verification if the document is not found

authentic to MDL offer is liable for rejection MDLrsquos decision in this regard will be final and

binding on the bidder without stating any reason whatsoever it may be

4 Validity Period Bids Offers shall have a validity period of 120 days from the tender closing date A

bid valid for a shorter period will be liable for rejection by MDL as non-responsive Technically accepted bidder will be given opportunity to accept validity as per tender in case of short validity In case

of non-acceptance of validity as per tender term thereafter the firm offer will be rejected as non-

responsive

5 On-line submission of bids in Two-Bid System Offer must be submitted in two parts through E-

tendering system Bidders are requested to log on to httpseprocuremdlnicin for submission of bids

against above tender Bids must be submitted in Two parts ie Part-I (Techno-Commercial bid) and Part-

II (Price Bid) as appearing on-line

51 Part I Bid (Techno-Commercial bid)

511 Detailed Technical offer for technical scrutiny along with point-wise acceptance or

offered specifications against required specification Technical details catalogues

drawings data sheets calculations as applicable to be enclosedattached in

attachment provision given online

512 Bidders to carefully fill all listed online forms providing their

commentsAcceptancedeviations if any in the space provided online against

respective clauses of Technical specifications Tender terms amp conditions (TEF) GT

ampC and STACS etc

Un-priced format stating Quoted or Not Quoted whichever is applicable must be

selected from dropdown list in un-price bid form and applicable taxes must be

mentioned in respective tax column

513 Indigenous bidders to quote in INR amp Foreign bidders to quote in respective foreign

currency

514 Pre-qualification documents as listed at Para 3 above

515 Deviation Sheet if any shall be uploaded on-line for TEF STACS and GTampC

516 Enterprises status (If any) to be indicated in Part-I Micro Medium Small

515 The scanned image of receipt of NEFTRTGSBid bondSwift message towards

Earnest Money Deposit or Documents towards which EMD exemption is being

claimed as stipulated in TEF clause no 6 shall be uploaded at Part-I tender stage

The original of the NEFTRTGSBGBid bond swift message shall be forwarded to

GM (M) in sealed envelope superscribing Tender Enquiry No and Due date so as to

reach within 7 MDL working Days from the tender closing date addressed

To

GM (M)

II FLOOR MOGUL HOUSE

SOUTH YARD

MAZAGON DOCK SHIPBUILDERS LTD

GM(M)MTI2000007617Passivation Station

Page 8 of 45

DOCKYARD ROAD

MUMBAI- 400010

EMD payment can also be submitted as Bank Guarantee(BG)

52 Part-II (Price Bid)

521 Indigenous bidders to quote in INR on door delivery basis amp overseas bidders to

quote in foreign currency on CIF basis Indigenous bidders quoting in currency other

than INR will be liable for rejection

522 Bidder to fill their prices online strictly in the online price bid form only Prices amp

other charges (as listed in form) to be enteredfilled in the applicable

headcellcolumns only as prices in wrong headcellcolumn which are not applicable

to you (bidder) will finally affect your (bidders) total landed cost amp accordingly

ranking Wherever any charges from the listed charges are not applicable to bidder

then lsquozerorsquo to be entered in that respective headcellcolumn

Refer Illustrative format and guidelinerdquo at Annexure-2A for quoting prices in

online price bid form

523 In case of any discrepancy in the Blank Rate Schedule Format and actual On-line

Price Bid after opening of the Price Bids the details (GST and any charges)

mentioned in the On-line Price bid shall prevail over the details in blank rate schedule

format However the negotiated commercial terms before price bid opening will be

considered for ranking and evaluation as per Para15

53 Bidders in their own interest are requested to upload their bids well in advance of tender closing

date to avoid the last minute difficulties in uploading the bids

54 Problems in hardwaresoftware Internet connectivity system configurations Browser setting etc

for whatsoever reason shall not be considered for extension of tender closing date and time

55 Bidders quoting on behalf of overseas principals should quote in INR (Indian Rupees) on FOR

Door delivery basis with their principalrsquos authorization letter Overseas bidders to quote directly

in foreign currency on CIF basis amp also quote FOB amp installationCommissioning charges

additionally Currency to be quoted by foreign bidder in USDEURO

56 No Exemptions towards Custom duty is applicable amp hence no exemptions certificates will be

issued

GM(M)MTI2000007617Passivation Station

Page 9 of 45

6 Earnest Money Deposit (EMD) BID BOND

61 Bidders shall have to make payment towards EMD amounting to Rs 358600- (Rupees Three Lakhs Fifty Thousand Six Hundred only) directly from MDL payment Gateway the path

of which is provided at Enclosure-11 It is mandatory for bidders to make EMD payment through

MDL payment portal or NEFT RTGS

EMD payment in the form of BG is also accepted (Please refer Enclosure- 7 for EMD BG format)

Bidders have to enter Vendor Name Nature of Payment and Tender No in Text Narration

Field while making NEFT RTGS payment to Mazagon Dock Shipbuilders Limited Bank

Account No 10005255246 and a scanned copy of payment made to our Account should be

uploaded in Techno-commercial bid (Part-I) towards proof for submission of EMD against this

tender

a) Bidderrsquos offer will be categorically rejected if EMD payment will be made after tender due date and time to Mazagon Dock Shipbuilders Limited Account However bank

guarantee drawn in favor of MAZAGON DOCK SHIPBUILDERS LIMITED Mumbai from

the list of Banks approved by SBI Canara Bank published on MDL Website or bid bond swift

message of equivalent foreign currency for foreign bidders shall be forwarded GM (M) in

sealed envelope super-scribing Tender Enquiry No and Due date so as to reach us within 7

MDL working days from the tender closing date The scanned image of NEFTRTGS BG Bid

bondswift message shall be uploaded at Part-I tender stage The bid bond Bank Guarantee

should be valid for 120 days+4 weeks from the tender closing date Similarly authorized Indian

agent can submit BG from bank as per list of banks approved by SBI Canara bank as bank of

international repute published on MDL website on behalf foreign bank Bidders to advise their

bankbanker to send EMDBG directly to commercial department or through SWIFT to dispense

with additional step of verification of authenticity of signatories In case of EMD transmitted

through SWIFT it shall be the responsibility of the bidder that he directs the receiving banker

to forward the message duly authenticated to the concerned commercial officer mentioned in

the tender Bids without EMD other than those who are exempt from payment of EMD will not

be considered EMD of unsuccessful bidders will be returned after finalization of the tender and

shall be interest free Bids without EMD will not be considered

b) EMD of unsuccessful bidders will be returned after finalization of the tender and shall be interest free

MDL bank details for Direct Electronic transfer is as under

BENEFICIARYrsquoS

NAME MAZAGON DOCK SHIPBUILDERS LIMITED

NAME OF BANK STATE BANK OF INDIA

BRANCH amp ADDRESS MAZAGAON BRANCH MAZAGAON MUMBAI 400010

BR CODE 9054

ACCOUNT NO 10005255246 ACCOUNT TYPE CURRENT

ACCOUNT

IFSC CODE SBIN0009054 RTGS CODE SBIN0009054

NEFT CODE SBIN0009054 MICRNECS

CODE 400002120

INCOME TAX PAN

NO AAACM8029J GST ID 27AAACM8029J1ZA

62 EXEMPTION FROM SUBMISSION OF EMDBID BOND Following bidders shall be exempt from submission of EMDBid Bond

62 Following bidders shall be exempt from submission of EMDBid Bond

621 State amp Central Government of India departments Public Sector Undertakings

622 Firms registered with Mazagon Dock Shipbuilders Limited (MDL) for the items for

GM(M)MTI2000007617Passivation Station

Page 10 of 45

which the offer is being submitted (To qualify for EMD exemption firms should

necessarily submit VALID copy of the registration certificate issued by MDL in Part-

I offerbid Firms in the process of obtaining MDL registration will not be considered

for EMD exemption)

623 Firms registered with NSIC under its ldquoSingle Point Registration Schemerdquo

(Exemption will apply only to items service indicated under description of work

supplies services amp value up to which bidders are registered with NSIC) To qualify

for EMD exemption firms should necessarily submit VALID copy of the registration

certificate issued by NSIC in Part-I offer bid Firms in the process of obtaining

NSIC registration will not be considered for EMD exemption

624 Firms registered as Micro and Small Enterprises (MSEs) To qualify for EMD

exemption firms should necessarily upload VALID copy of the registration

certificate from the competent authority regarding their Micro Small Industry status

in Part-I offerbid

625 Commondeemed DPSU registered vendors qualify for EMD exemption Such firms

shall submit valid copy of the registration certificate issued by DPSUs (other than

MDL) for the itemsservices for which the offer is being submitted on Part-I

offerbid Firms in the process of obtaining registration in other DPSUs will not be

considered for EMD exemption

626 Green channel status vendors qualify for EMD exemption Such firms shall submit

valid copy of the green channel certificate issued by MoD for the items for which the

offer is being submitted in Part-I offerbid Firms in process of obtaining this

certificate will not be considered for EMD exemption

7 Bid Rejection Criteria

71 Following bids shall be categorically rejected

711 Bids received after tender closing date and time

712 Bids received without EMD (other than those who are exempted from payment of

EMD) as specified in the tender

713 Bidders not agreeing to provide assistance for installation Testing Commissioning amp other such Technical activities of equipment supplied by them

714 Bids received in any form other than through e-Portal

715 If the date of issue of EMD (DDBGSWIFT message) is later than the tender closing

date

72 Following bid rejection criteria may render the bids liable for Rejection

721 Bidderrsquos failure to furnish sufficient or complete details for evaluation of the bids

within the given period ranging in between 2 to 3 weeks depending on deficiencies

noticed in the drawing technical data which shall not however conflicts with validity

period

722 Incomplete misleading ambiguous bids in the considered opinion of TNC

723 Bids with technical requirements and or terms not acceptable to MDL Customers

External agency nominated as applicable

724 Bids without uploading pre-qualification documents where required as per the tender

GM(M)MTI2000007617Passivation Station

Page 11 of 45

725 Bids not meeting the pre-qualification parameters stipulated in the tender enquiry

726 Bidders not agreeing to supply spares post sale product support post work

completion support

727 High seas sales sales in transit

728 Unreasonably longer delivery period quoted by the firm

729 Validity period indicated by bidders is shorter than that specified in the tender

enquiry

7210 Bidders not agreeing to furnish required Security Deposit Required Contract

Performance Guarantee till completion of the supplies services as per contract

7211 Bidders not agreeing to furnish Performance Bank Guarantees for equipment

supplied services rendered or not agreeing for retention of equivalent amount by

MDL up to the period till completion of contractual and guarantee warranty

obligations

7212 Bidder not agreeing to quote as a single point responsibility for whole scope of work

(ie right from design supply of systemequipment till commissioning STW amp

training at MDL site)

7213 Bidders not agreeing warrantyguarantee Clause of tender (clause no 10)

8 Pricing Prices to be quoted on firm and fixed basis during the currency of the order contract

81 For Indigenous Bidders Indigenous Bidder shall quote the prices online of all items services listed in

the online price sheet format of the tender enquiry for delivery of the items in MDL store completion of

the work at MDL site The prices quoted shall remain firm and fixed during the currency of the order

contract unless agreed otherwise by MDL and should be inclusive of all cost towards Packing amp

forwardinginsurancefreight deliveryTransportation and transit insurance

82 For Foreign Bidders Bidder shall quote the prices online on the CIF Mumbai Port of destination

(India) basis only Prices on the basis of FOB factory or ex-works are not acceptable However FOB

cost shall also be quoted The prices quoted shall remain firm and fixed during the currency of the order

contract unless agreed otherwise by MDL To arrive at custom charge the foreign bidder(s) must submit

details viz (i) port of dispatch (ii) containerized dispatch (iii) Number of container (iv) Gross weight

9 Terms of Payment - MDL does not pay any advance Payment for Indigenous amp Overseas bidders

91 For Indigenous Bidders

911 Supply Installation commissioning amp training - Payment for the value of supply and services as reduced by any deductibles andor the amount

leviable towards liquidated damages if any may be payable through NEFTRTGSECS between 15-

20 days of completion of complete scope of work (ie after Supply Installation trials

commissioning and training) and against submission of documents in Triplicate including Delivery

challan(s) receipt inspection amp acceptance report warranty Guarantee certificate Test reports

Certificates if applicable Packing Lists Invoice Storage Preservation Maintenance Procedures

amp other Technical documentation in requisite sets as relevant and work completion certificate duly

certified by an officer from the user department in the rank of CM or above and submission amp

subsequent confirmation of performance bank guarantee for 10 of the total order value excluding

taxes

GM(M)MTI2000007617Passivation Station

Page 12 of 45

912 TReDS

Alternate MSME vendor payment through TReDS

ldquoIn order to address the financial needs of MSME firms GoI has introduced a platform for

facilitating the financing of trade receivables of MSMEs from buyers through multiple

financiers which is termed as Trade Receivables Discounting System (TReDS) At TReDS

auctioning of invoices at competitive amp transparent environment is done by financers based on

Buyerrsquos credit profile

MDL is registered on the Invoicemart TReDS platform and M1xchange of Ms Mynd

Solutions Pvt Ltd

MSME bidders desirous to receive payments through TReDS platform may avail the facility if

they are already registered on

1Invoicemart TReDS platform or by registering on it

Contact details at Invoicemart TReDS platform are as below

022 6235 7373 and a new mail id serviceinvoicemartcom

2 M1xchange

TReDS platform

or by registering on it

Contact details at M1xchange TReDS platform are as below

+91 9920455374 MsAshwathi Jayandran email id ashwathijayandranm1xchangecom

+91 8839915724 Ms Prinyaka Shah email id prinyakashahm1xchangecom

MSE bidders upon successful delivery shall submit their invoices along with the mandated

enclosures at MDL Central Receipt Section MSE vendors desirous to receive payments through Invoicemart TReDS platform or M1xchange TReDS platform shall submit their TReDS

details along with the invoice at MDL Central Receipt Section Upon receipt and acceptance of the

supplied material and receipt of invoices with the mandated enclosures MDL shall process the

invoice for payment on Invoicemart M1xchange TReDS platform Any unfinanced invoices

invoices of MSE bidders seeking payment from MDL directly shall be processed as per the Standard

payment terms agreed in PO contractrdquo

92 For OverseasForeign Bidders

(A)

Payment through LC - Payment against irrevocable letter of credit (LC)

established through our bankers as per format at illustrative Annexure 6 For opening

LC Supplier should essentially furnish their clear amp timely acceptance of the order

For opening LC all charges outside India shall be borne by the beneficiary

(Supplier) Additional loading of prices (A) towards charges incurred in LC opening

by MDL and (B) Interest for period of 20 days base rate of SBI+2 on payment

amount is to be considered while evaluating foreign bidders for ranking purpose In

case supplier seeks LC amendment for no fault of MDL or requires confirmation of

LC then all charges towards LC amendment or confirmation of LC respectively

shall be borne by the Supplier LC will allow Payment on timely presentation of

following documents through bank Opening of LC shall be before one month of

the schedule for dispatch or before such period as may be discussed and mutually

agreed to in the PNC (Price Negotiations) The time limit for opening of LC and or

amendment for LC shall be 7 days or within such no of days as may be stipulated in

purchase orderContract Delay in opening of LC can lead to corresponding delay in

delivery and hence no LD is applicable on such delayed portion

LC will be opened accordingly after receipt of intimation about readiness of

Material items equipments LC shall be valid for 89 days Firm to sendsubmit

documents as listed in Para 921 to 9212 below in originals for custom clearance of

material to MDL directly after shipment

GM(M)MTI2000007617Passivation Station

Page 13 of 45

For Items-

921 Set of Original + 2 Copies of signed Invoice showing item wise prices as per the order

922

Set of Original + 2 Copies of signed Packing List clearly showing list of items

packed Specifying unit as per Indian Custom Tariff

923

Set of Original + 2 Copies Clean on Board Bill of Lading OR Air Way Bill made in

the name of MDLrsquos Bank and Marked as freight paid

924

Set of Original + 2 Copies of Certificate of approval OR Release Note from MDL

nominated Inspection agency or Work completion performance certificate or

Dispatch clearance from MDL

925 Certificate of country of origin in Original + 2 Copies by chamber of commerce

926 Original + 2 Copies of Warranty Certificate in prescribed format

927

Original + 2 Copies of all Manufacturerrsquos Test Certificates (MTCs) Reports

Drawings Manuals Procedures etc as relevant to the ordered item

928

Original + 2 Copies of Performance Bank guaranteeequivalent BG wherever

applicable

929

Certificate Confirming that supplier has couriered dispatched 03 sets of Non

Negotiable Documents comprising of all Test reports MTCs Technical

Documents Drawings Manuals Procedures etc and of Signed Invoices Packing

Lists Bill of LadingAWB MDL nominated Inspection Agencyrsquos Certificate of

approval Country of Origin Certificate Warranty Certificate Performance Bank

Guarantee directly to MDL

9210

Original + 2 Copies of the Certificate issued by the classified society confirming

seaworthiness of the vessel and that the shipment is made on vessels of not more

than 15 years vintage (Applicable in case of CIF contracts orders agreed by MDL)

9211

Certificate issued by MDL confirming that the delivery is made in time and no

penalty is applicable OR in case of delays admissible amount of penalty will be specified by MDL in this certificate for reduction of equal amount from supplierrsquos

invoice (MDL will issue this certificate generally by e-mail or FAX immediately on

receipt of signed copy of invoice packing list approval certificate of the nominated

inspection agency date of the proposed shipment amp copies of BL or AWB or any

other acceptable documents confirming supplierrsquos readiness dispatch)

9212

Certificate confirming that the shipping instructions (inclusive of packing) have

been followed while packing shipment and forwarding of details for insurance to

MDL

Important Notes for Foreign Bidders 1 All the documents should clearly indicate the Purchasers Order number Import

License Number Airway Bill Bill of Lading Number

2 Foreign Bidders must submit the Letter of Credit format duly filled as per Annexure- 6

of the tender

3 To arrive at the custom charges the foreign bidders must submit the following details

along with the Part ndashI Bid -

(a) Port of dispatch to be clearly specified

(b) Containerized dispatch Break bulk

(c) No of required containers with their size amp type (20Feet40 FeetOpenClosed)

(d) Gross weight

(e) Any other specific handling Instructionsconditions of consignment

GM(M)MTI2000007617Passivation Station

Page 14 of 45

10 GuaranteeWarranty Supplier shall warranty the performance of the Passivation station for a

period of 12 months after commissioning or 24 months after receipt of station at MDL

whichever is earlier

During this period all defects arising out of defective material and faulty workmanship will be

rectified by repairing or replacing part or whole material as necessary free of charge on door

delivery basis Any consequential damagedefect or loss of items due to poor

workmanshippoor material qualitynegligence etc attribute to the bidder to be rectifiedreplaced by the bidder free of cost All the necessary spares tools Service engineers

amp Mechanics required for repairs to be arrange by vendor at no extra cost and machine to be

put into operation at the earliest

11 Performance Bank Guarantee (PBG) The Successful bidders will have to submit PBG in the prescribed format from the list of

Banks approved by SBI Canara Bank published on MDL Website for 10 of the Order value

excluding taxes etc valid for 13 months (validity 12 months + 1 month claim period) from the date of supply or offer your consent to MDL for retention of 10 of order value towards

PBG Bidders may advise their bankbanker to send BG directly to commercial department or

through SWIFT to dispense with additional step of verification of authenticity of signatories

In case of BG transmitted through SWIFT it shall be the responsibility of the bidder that he

directs the receiving banker to forward the message duly authenticated to the concerned

commercial officer mentioned in the tender

12 Bidder shall abide by all Standard Terms and Conditions of Supply (STACS) GTampC and

accordingly contract will be governed as per uploaded form at Stage Name Part ndashI (Techno-

Commercial Bid) Deviation if any shall be clearly indicated In case of discrepancy clauses

mentioned in Tender Technical Scope and Rate sheet will override the clauses mentioned in

other annexure including STACS amp GTampC In event we do not receive acceptance forms

dully filled for TEF STACS and GTampC it shall be presumed that all our terms and

conditions of tender are acceptable to you

13 Taxes amp Duties - The item-wise rates quoted in the Rate Sheet should exclude GST and

duties

131 For Indigenous bidders The rate sheet to be enclosed with the tender will indicate

the rates under each tax head viz GST

a Only those bidders who indicate the taxes amp duties separately as above all

shall be entitled for consideration of change in corresponding rates in case

of variation in statutory levies

b Supplierbidder will not be entitled to any increase in rate of taxes

occurring during the period of extended delivery schedule if there is delay

in supply completion attributed to him however if there is a decrease in

taxes the same must be passed on to MDL

c Wherever all-inclusive prices are quoted by the bidders without bifurcation

of tax elements no escalation can be considered in respect of any variation

in statutory levies arising subsequently because of the absence of the

required base figures in the purchase order contract

132 GST as per GST Laws shall be payable extra as quoted and agreed

133 In case of Purchase of goodsservices from unregistered dealers under GST laws

GST will be paid by MDL under reverse charge mechanism

134 Benefits from reduction in rate of taxITC are required to be passed on to

consumer Where ldquoapplicable GSTrdquo has been quoted as extra Goods and service

providers (except un-registered dealers under GST Law) have to submit

declaration that they have complied with lsquoAnti ndashprofiteering clausersquo under GST

Law Such declaration be given in technical bid

GM(M)MTI2000007617Passivation Station

Page 15 of 45

135 Where the quoted price is claimed to be inclusive of taxes (by other than

composite vendor) MDL consider it as net price on which GST is payable In

such cases the GST may be paid by MDL directly to GSTN under reverse

charge mechanism or otherwise for which no input tax credit will be available to

vendor and vendor is deemed to have confirmed that he will not claim ITC for

such items

136 If the vendor is registered under GST vendor shall mention the HSN code for

goodsampor services in their tax invoice etc These codes must be in accordance

with GST Laws and responsibility of specifying correct HSN code for goodsampor

services is that of the vendor MDL shall not be responsible for any error in HSN

code for goodsampor services specified by suppliercontractor Suppliercontractor

shall pay penalty andor interest imposed on MDL or any loss due to delay in

availing ITC by MDL or any loss of ITC to MDL due to error by vendors at any

stage MDL reserve right to recover any such interest penalty or loss from any amount due to supplier contractor or vendor shall reimburse make good such

loss within 15days after intimation by MDL or otherwise

137 In case MDL is unable to avail ITC suppliercontractor at their own cost shall

rectify the shortcoming in the returns to be filed immediately thereafter Further

if the ITC is delayed denied to MDLreversed subsequently as per GST Laws due

to nondelayed receipt of goods andor services andor tax invoice or expiry of

timelines prescribed in GST Laws for availing ITC non-payment of taxes or non-

filling of returns or any other reasons not attributable to MDL supplier

contractor shall pay any loss of amount along with interest and penalty on MDL

under GST Laws for the number of days the ITC was delayed If the shortcoming

is not rectified by suppliercontractor and MDL ends up in reversal of credits

andor payments suppliercontractor is fully liable for making good all the loss

incurred by MDL MDL reserve right to recover any interest penalty or loss from

any amount due to suppliercontractor or otherwise

138 If the vendor is registered under GST the GST registration number (15 digit

GSTIN) issued by GOI shall be mandatorily provided by the vendor Vendor

having multiple business verticals within state at multiple states with separate

GST registration numbers shall forward GSTIN of only that vertical which is

involved in supply of goods andor services MDL GSTIN is

27AAACM8029J1ZA and vendor shall mention the same while invoicing and

avoid any data entry error on GST portal

139 If the vendor is registered under GST vendor shall ensure timely submission of

invoice as per the provisionsrequirementstimeline promulgated by GOI in

relation to GST Laws with all required supporting documents to enable MDL to

avail input tax credit promptly The vendors invoice inter alia should contain

GSTIN of vendor GSTIN of MDL (ie 27AAACM8029J1ZA) GST tax rate

separately HSN code wise goods or services Place of supply signature of vendor

etc Original invoice needs to be submitted to Bill Receipt Centre at MDL gate

and a copy of the invoice should be given to the GRS Stores

1310 If the vendor is registered under GST vendor shall file all applicable returns

under GST Laws in the stipulated time and any losses of tax credit to MDL

arising due to delay in filling will be recovered from their invoice wherever MDL

is eligible to avail tax credit Any default towards payment of tax andor

uploading of monthly returns by supplier contractors MDL retains right to

withhold payments towards tax portion until the same is corrected and complied

by the suppliercontractor with the requirement of GST along with satisfactory

evidence

GM(M)MTI2000007617Passivation Station

Page 16 of 45

1311 The rate sheet enclosed with the tender will indicate the rates to be entered under

each head wherever applicable Bidder must clearly mention the applicable taxes

amp duties The item-wise rates (ie Basic + PampF + FampI) quoted in the rate sheet

should exclude taxes amp duties Bidder should indicate GST rates as applicable

separately under each of the head in the same rate sheet which will be paid extra

based on tax invoice to the extent applicable The GST will be applicable on total

basic rate of each item (ie Basic +PampF +FampI)

1312 If the vendor changes his registration status from composition dealer to normal

registered dealer under GST Law the vendor has to inform MDL immediately

Further his contract price under GST needs to be negotiated since as a normal

dealer he will have benefit of ITC which he should pass on to MDL

1313 Bid Evaluation Clause - I) As per GST Law ITC is not available

a) For goods and services which are not in furtherance of business

b) In some cases for eg rent a car life insurance work contract services for

immovable property as mentioned under section 17 of GST Act 2017 In such cases

evaluation of bid is inclusive of GST quote by bidder

II) In all other cases ie goods and services not covered under sr no I above

evaluation of bid is exclusive of GST quoted by bidder

III) Further in the case of composition dealer since composition dealer is not

allowed to charge GST in such case evaluation of bid will be on the price quoted by

bidder

1314 For Overseas Bidder All taxes applicable outside India shall be borne by overseas

bidder

a In case of foreign bidders all taxes duties statutory levies and charges which

are to be paid for the delivery of goods amp services shall be paid by the parties

under the present contract in their respective countries MDL shall bear and pay

all taxes duties and statutory levies in India in connection with the execution

andor performance of this contract wrt deliverables delivered and service

rendered as per contract excluding income tax applicable on service charges

b Foreign bidder shall submit tax residency certificate (TRC) in Part ndashI offer In

case of remittances to foreign companies for services as per income tax act and

DTAA provisions TDS shall be carried out from the amount payable towards

services As per the extant applicability and existing rates following cases

pertaining to TDS are presented for clarity

i Case 1 (TRC is made available by foreign bidders) Tax deduction at

source (TDS) 15 of total service payment is applicable If this is

not agreed to by the bidder in the bid or during TNCCNC then this

shall be appropriately loaded as per applicable rates on the price for the

purpose of ranking However bidders to note that TDS rates DTAA

rates differ from country to country It varies from10 to 25

ii Case 2 (TRC is not made available by foreign bidders) Tax deduction

at source (TDS) at the rates as mentioned in the table below is

applicable If this is not agreed to by the bidder in the bid or during

TNCCNC then this shall be appropriately loaded as per applicable

rates on the price for the purpose of ranking These rates shall be as

under

GM(M)MTI2000007617Passivation Station

Page 17 of 45

Service Payment slabs (converted in

INR)

Rate of TDS applicable on total

service payment

Up to value of INR 1 Cr 2575

Above 1 Cr Up to 10 Cr 2626

Above INR 10Cr 270375

14 Loading Criteria Deviations sought by the bidder in respect of Custom Duty exemption

Freight Insurance Payment terms shall be loaded on the bidders quoted prices during price

evaluation by MDL Among the equal bids bidders with ISO 9000 series accreditation over

Non-ISO bidders firstly Manufacturers then their authorized dealers will be given preference

The loading criteria that will be adopted are detailed below amp also as per Enclosure-5

141 It is desirable that the bidder accepts the Payment Terms indicated in clause 9

above Varied payment terms quoted by bidders as compared to the terms stated

in the Tender document shall be normalized by applying SBI Prime Lending

Rate (prevailing at the time of opening of Price bid) plus 2 pa rate of interest

for the period at variation (For Indigenous bidder) amp for overseas bidder the bids

will be normalized at LIBOREURIBOR rate plus 2 for ranking of the bids

142 In case of Foreign supplier the basic cost (CIF) shall be the basis for comparison

of quoted price Custom Duty Custom clearance Port handling transport

charges to the yard will be added to CIF cost to arrive at door delivery cost

143 Delivery of the goods at MDL premises should be the responsibility of the

vendor However for unavoidable reasons if bids are exclusive of transport

andor insurance the same will be loaded at the cost to be incurred by MDL

144 For the additional delivery period sought by the bidder over the stipulated date of

delivery as per Tender 050 per completed week will be loaded to the quoted

price

145 Deviations sought in respect of Liquidated Damages (LD) Deviations sought in

respect of rate per week and or maximum ceiling in respect of liquidated

damages shall be loaded to the quoted price For eg The maximum ceiling

towards liquidated damages stipulated in the tender is 5 and the bidder seeks to

limit it to say 35 then the price quoted will be loaded by 15 If the rate of

LD per week is 05 per week or part thereof as per tender and the bidder seeks

it as say 04 per week or part thereof the maximum ceiling on L D as per

tender will first be equated to weeks (10 weeks in this case) and the rate proposed

by the bidder ie 04 will be multiplied by the so equated maximum Period

(which works out to 4) and the quoted price will be loaded accordingly by 1

Delivery being the essence of the contract it is desirable if the bidders adhere to

the stipulated clause

146 Deviations in respect of the period of Warranty shall be loaded to the quoted price

025 per month or part thereof This does not arise if the bidder quotes

additional price for the differential period

147 The ranking of price bids shall be done overall L1 basis excluding GST (ie total

of basic price exclusive of GST quoted by bidder) In these cases the variation in

statutory levies etc are not allowed unless the breakup in respect of taxes duties

GM(M)MTI2000007617Passivation Station

Page 18 of 45

are clearly and separately furnished in bid

148 For opening LC all charges outside India shall be borne by the Beneficiary

(supplier) Additional loading of prices (A) Towards charges incurred in LC opening

by MDL and (B) Interest for period of 20 days base rate of SBI+2 on payment

amount is to be considered while evaluating foreign bidders for ranking purpose

15 Ranking of Bids amp Determination of L-1 Bidders Ranking of price bids shall be done on overall L1 basis with exclusive of GST

If any variations in statutory levies the break up in respect of any charges is clearly

and separately furnished in the bid and the MDL is satisfied that the rates of taxes

indicated therein are in line with the tax law so that escalation due to variation in the

taxes can be justifiably considered to the extent legitimately allowable on the base

amount(s) indicated in the bid Therefore bidder is requested to show the break up

regarding taxes as applicable in the bid

Note 1 In case of overseas supplier the ldquoCIF cost+ Inspectiontesting charges+ Installation

Commissioning charges+ custom duty+ IGST (if ITC is not available) + Custom

Clearance +port handling +transportation charges to the yard if any + LC opening

charges + interest for period of 20 days base rate of SBI +2 on payment amount

ldquoshall be the basis for comparison of quoted price Custom duty IGST Custom clearance Port handling transport charges to the yard will be added to CIF cost to

arrive at door delivery cost

2 If Service Component exists in an offer from a foreign vendor then Tax Residency

certificate (TRC) should be submitted with Part I offer If no TRC is submitted then

the enhanced Income Tax rate and Service Tax thereon will be considered while

determining L-1

3 Techno-Commercially Qualified overall lowest bidder exclusive of GST will be

considered for the placement of order 4 On-line Ranking visible to the bidders after opening part II price bid is without

loading parameters However the L1 bidder will be evaluated offline after

consideration of all applicable loading parameters as mentioned in the tender

document and commercial terms

5 In case of any discrepancy in the Blank Rate Schedule Format and actual Online

Price Bid after opening of the Price Bids the details (GST) mentioned in the On-line

Price bids shall prevail over the details in blank rate schedule format

6 ldquoBasic costrdquo is defined as ldquoDoor delivery cost (excluding GST)rdquo which includes

packing amp forwarding Delivery insurance registration charges and any cost involved

as per scope of work towards material and services basic cost of Installation

commissioning and inspection amp testing

7 ITC can be availed by MDL for the items as notified under GST ACT 2017 ITC

can be availed by MDL for registered bidder and for unregistered bidder under

reverse charge mechanism Since no ITC can be availed in case of bidders registered

under composition scheme their quoted cost will be considered for ranking

comparison purpose

16 Consignee The Successful bidders shall arrange dispatch of goods by appropriate Rail Road

Sea Air transport mode as per the order to lsquoEAST YARD STORESrsquo and further to user dept

on working days (Monday to Friday) between 800 hrs to 1500 hrs (Lunch Time 1130 to 1200

hrs) In case trucktempo reaches our yard beyond above time the same may be retained over

night at your risk amp cost

An advance copy of invoices along with other relevant documents shall be forwarded to the

purchaser sufficiently in advance to enable clearance of cargo within allowed demurrage free

days to avoid demurrage In case of door delivery orders the supplier shall categorically direct

the transporter to deliver the ordered items without insisting for consignee copy of the Lorry

Receipt

GM(M)MTI2000007617Passivation Station

Page 19 of 45

17 Modifications to the Bids Bidder desirous of submitting modified bid prior to the closing

date and time may do so online not later than deadline of submission of bids Please note that

modified bid shall be submitted through e-procurement system only Bidder can change the

submitted bid any number of times till the closing time and the last changed bid will be

considered for ranking of the bids

18 PURCHASE PREFERENCE TO MAKE IN INDIA As per Public Procurement Order Ref No P-4502122017-B E-II Dtd 15062017 issued by Govt

of India to encourage ldquoMake in Indiardquo policy Purchase Preference shall be given to local suppliers

in the following manner

(a) The terminology definitions used in the said order is as below

(i) ldquoLocal contentrdquo means the amount of value added in India be the total value of items procured

excluding net domestic indirect taxes) minus the value of imported content in the item (including

all customs duties) as a proportion of the total value in percent

(ii) ldquoLocal Supplierrdquo means a supplier or service provider whose product or service offered for procurement meets the minimum local content as prescribed under the said Order or by the

competent Ministries Department in pursuance of said order A Local Supplier can be an Indian

or Foreign bidder

(iii) ldquoMargin of Purchase Preferencerdquo means the maximum extent to which the price quoted by

local supplier may be above the L1 for the purpose of purchase preference The margin of

purchase preference for the present tender is 20

(b) Minimum local content

(i) The minimum local content in the offer is to be not less than 50 for the present tender for a

bidder to be considered as a Local Supplier

(ii) The local content can be increased through partnerships cooperation with local companies

establishing production units in India or Joint Ventures (JV) with Indian suppliers increasing the

participation of local employees in services and training themrsquo

(iii) On opening of the price bids if it is identified that there is difference in price receive amp

declaration made and local content is now not meeting the specified tender requirement (ie only

on the quoted price without any loading) then such case will be processed without any purchase

preference

(c) Declaration by Local Supplier Local Supplier should declare that the item and service

offered meets the minimum local content amp indicate its percentage in their offer which shall meet

(or even offer more) required content as specified in tender This declaration is necessary even if

Custom Duty Exemption and or ERV (if applicable) are not being sought Following documents

are to be submitted in technical offer ndash

Part-I bid

(i) Local Component list ie Items and services which are being procured produced domestically

by supplier in the system equipment service offered against tender This list shall include all the

components raw materials sub services etc

(ii) Foreign Imported Component list ie Items and services which are being supplied by bidder

from outside India in the system equipment service offered against tender This list shall include

all the components raw materials sub services etc

(iii) Bidders shall give the details of the location(s) at which the local value addition is made

Additionally location(s) details from where foreign imported components are being supplied be

also informed

(iv) Bidders shall give the price break-up in percentage for ldquoLocal Componentrdquo and ldquoForeign

Imported Componentrdquo

(v) Custom duty applicable on FE component for all foreign items (vi) The Local Suppliers are required to provide self-certification as per Annexure-11

Note In cases of procurement for value in excess of Rs 10 Crores the local supplier shall be required to

provide a certificate from statutory auditor or cost auditor of the company (in case of companies)

or from a practicing cost accountant or practicing charted accountant (in respect of supplier other

GM(M)MTI2000007617Passivation Station

Page 20 of 45

than companies) giving the percentage of local content amp applicable item wise custom duty

Once the declaration certification is committed at tender submission stage the same cannot be

altered at technical negotiation stage or after award of contract otherwise would be treated

considered as false declaration by bidder

In the event of bidders not declaring or declaring less local content percentage in the offer MDL

will consider quote bid of such bidders with local content as ldquo0rdquo or ldquoNILrdquo ie the offers of such

bidders will be treated as a ldquoNon Local Supplierrdquo where no purchase preference shall be granted to these bidders

(d) If the Local Supplier is also a MSE Vendor seeking the benefit of Public Procurement Policy

for MSEs Order 2012 then such bidders should not seek benefits against the Preference to Make

in India policy ndash Order 2017 Such bidders should categorically seek benefits of only one policy

which cannot be modified subsequently once declared in the Annexure-A referred above while

submitting the bid

(e) Custom duty issue Imported FE content is inclusive of all custom duties which is required

for arriving local content Bidders to note the following about declaration of FE Content

(i) All bidders should upfront declare line item wise custom duty duly certified Such declared

custom duty percentage will only be considered for arriving local content

(ii) In the event if the rate of custom duty is found higher than the declared custom duty by bidder

then the bidderrsquos declaration shall be final for arriving L1 bid Also in such case the difference in

custom duty would be to bidders account In case of foreign bidders the same would be to bidders

account and shall not be borne or reimbursed by Shipyard

(iii) In the event of rate of custom duty happens to be lower at the time of clearance of goods then

actual custom duty shall be payable

(iv) Notwithstanding above local content shall be calculated based on the declared custom duty by

the bidder in techno-commercial bid

(f) Preference to Local Supplier The following procedure will be adopted for deciding on

preference to Local Supplier over a non-local supplier wrt Public Procurement (Preference to

Make in India) order 2017

(i) Among all qualified bids the lowest bid will be termed as L1 If L1 is from a local supplier the

contract will be awarded to L1

(ii) If L1 is not from a local supplier the lowest bidder among the local suppliers will be invited

to match the L1 price subject to local supplierrsquos quoted price falling within the margin of purchase

preference and contract shall be awarded to such local supplier subject to matching the L1 price

(iii) In case such lowest eligible local supplier fails to match the L1 price the local supplier with

the next higher bid within the margin of purchase preference shall be invited to match the L1 price

and so on and contract shall be awarded accordingly In case none of the local suppliers within the

margin of purchase preference matches the L1 price then the contract may be awarded to the L1

bidder

(g) Preference between LS and MSE Bidder This clause is applicable only if line items are

separable and MSE preference clause is also applicable Between the MSE and Local

Supplier the MSE bidder will be given preference to match with L1 bidder as per Public Procurement Policy for MSEs Order 2012 MSE vendor will be evaluated with L1+15 MSE

doesnrsquot fall under Public Procurement (Preference to Make in India) Order 2017 Local Supplier

will be evaluated with L1+20 (Margin of Purchase Preference ordinary) as per Public

Procurement (Preference to Make in India) Order 2017

(h) After the contract is awarded and the supplies are completed each supplier shall provide the supporting documentation towards realization of committed Local Content as per the contract

order terms amp conditions

In addition to these documents a ldquoLocal content certificaterdquo also shall be submitted stating the

percentage of local content in the items or services measured The ldquoLocal content certificaterdquo shall

be submitted along with the invoice

Note In cases of procurement for value in excess of Rs 10 Crores the local supplier shall be

required to provide a certificate from statutory auditor or cost auditor of the company (in case of

GM(M)MTI2000007617Passivation Station

Page 21 of 45

companies) or from a practicing cost accountant or practicing charted accountant (in respect of

supplier other than companies) giving the percentage of local content

(i) False declaration will be in breach of Code of Integrity under Rule 175(1)(i)(h) of GFR 2017

for which a bidder or its successor can be debarred for up to 2 years as per Rule 151(iii) of GFR

2017 along with such other actions as may be permissible under law

(j) Complaints Grievance Any complaints grievances relating to implementation of this order

shall be taken up by Public Grievance Cell of MDL headed by GM(F-PampS) Fees for filing a complaint under the order shall be Rs 10000- per case The complaints shall be filed to the

Chairman Public Grievance Cell The fee shall be deposited in MDLrsquos Account by NEFT

19 Public Grievance Cell A Public Grievance Cell headed by ED (East Yard) has been set up in

the Company Members of public having complaints or grievances are advised to contact him

on Wednesday between 1000 hours and 1230 hours in his EY-office MAZAGON DOCK

SHIPBUILDERS LIMITED Dockyard Road Mumbai - 400010 (022 ndash 23763506 23738368)

or send their complaints grievances to him in writing for redressal

20 Supply on MDL Holidays Request for permission for delivery on Saturday Sunday

holidays if required should be submitted 3 working days prior to the date of holiday to

Personnel department and Security through concerned Dept

21 Liquidated Damages Time is an essence of the contract therefore the job as ordered should be

completed on the dates mutually agreed upon in accordance with the delivery schedule In cases

of delay not attributable to Purchaser beyond the agreed schedule the Successful bidder shall pay

liquidated damages a sum representing 05 (Half per cent) per week or part thereof subject to

maximum of 5 of the final Order Contract value Vendor Contractor (Seller) will also be liable

to pay Liquidated Damages for late delivery of Manuals Drawings and Documentation as agreed

to by Purchaser and Vendor Contractor (Seller) and as stated in the Purchase Order The amount

of such damages will be clearly defined in the Purchase Order and may extend up to 5 of the

Order Value excluding taxes Applicability of LD will be considered as below -

1) Delay in manufacturing and supplydelivery of machinematerialitemsequipments at

MDL after dispatch clearance beyond specified schedule will attract LD 05 per week

or part thereof subject to maximum of 5

2) Delay in Installation trial Commissioning amp Training at MDL as per Work

completion date as certified by MDL user dept beyond specified schedule will attract

LD 05 per week or part thereof subject to maximum of 5 as per order

22 Hindrance Register All hindrances with date of occurrences and removal shall be noted in the

Hindrance Register The Hindrance Register shall be signed by the representatives of both MDL

as well as Contractor

23 Security Deposit (SD) The successful bidders shall have to submit Security Deposit for an

amount of 5 of the Order value excluding GST etc electronically through NEFT RTGS or

in the form of Bank Guarantee drawn in favor of MAZAGON DOCK SHIPBUILDERS

LIMITED Mumbai from the list of Banks approved by SBI Canara Bank published on MDL

Website within 25 days from the date of Order amp must be valid up to contract period plus one

month No interest will be paid on Security Deposit Please note that MDL does not extend any

concession such as exemption in payment of Security Deposit etc to any organization

irrespective of their status like registration with MDL NSIC SSI and MSME etc In case of

failure to submit Security Deposit within 25 days from the date of order placement EMD

submitted will be encashed and risk purchase clause would be invoked The Security Deposit

will be returned only after successful execution of the order and shall be interest free In the

event of failure to execute the order satisfactorily the Security Deposit will be encashed by

MDL If order is fully executed within 25 days from the date of purchase order submission of

security deposit is not applicable For delayed period of submission of SD beyond 25 days

from date of order bidder has to pay applicable interest In case the bidder is Indian Public

Sector Unit they shall submit the indemnity bond instead of Security Deposit Bidders may

advise their bankbanker to send BG directly to commercial department or through SWIFT to

dispense with additional step of verification of authenticity of signatories In case of BG

GM(M)MTI2000007617Passivation Station

Page 22 of 45

transmitted through SWIFT it shall be the responsibility of the bidder that he directs the

receiving banker to forward the message For delayed period of submission of SD beyond 25

days from date of order interest will be recovered as mentioned below

For Indian suppliers it will be SBAR plus 2 and EUROBORLIBOR plus 2 for Foreign

bidder Security Deposit will be returned only after successful execution of the order and shall

be interest free In the event of failure to execute the order satisfactorily the Security Deposit

will be encashed by MDL PSUs can submit Indemnity bond in lieu of Security deposit Bidders can submit SD amount

by using payment gateways through MDL website

24 Delivery ScheduleWork Completion Schedule and delivery term (For foreign bidders) The

entire scope of work ie Design manufacture Supply Installation Commissioning STW amp

Training to be completed within 6 months from the date of receipt of PO

1) Supplydelivery of machineItemsEquipmentsspares at MDL = within 20 weeks (CIF delivery) and

2) Time for transportation amp custom clearance time = 2 weeks

3) Installation Trials Training and Commissioning = Within 2 weeks

Delivery Term (1) Supply For Indigenous bidder Door DeliveryFOR MDL GRS Stores

For Overseas Bidder CIF Port of destination (Mumbai)

(2) Installation Commissioning STW Training -

For Overseas Bidders At MDL site

Training to be imparted to Non-executives-04 Nos for 7 days (1 week)

Delivery ScheduleWork Completion Schedule and delivery term (For Indigenous bidders) The entire scope of work ie Design manufacture Supply Installation Commissioning STW amp

Training to be completed within 6 months from the date of receipt of PO

1) Supplydelivery of machineItemsEquipmentsspares at MDL = within 22 weeks (CIF

delivery) and

2) Installation Trials Training and Commissioning = Within 2 weeks

Delivery Term (1) Supply For Indigenous bidder Door DeliveryFOR MDL GRS Stores

For Overseas Bidder CIF Port of destination (Mumbai)

(2) Installation Commissioning STW Training - For Indigenous Bidders At MDL site

Training to be imparted to Non-executives-04 Nos for 7 days (1 week)

25 Assistance for Installation Testing Commissioning Maintenance amp other Technical

activities 1 Services of engineersManpower in connection with assistance of delivery

loadingunloading installation setting-in-work testing tuning commissioning

training to be considered in the scope of supply

2 All machinery equipments Oxygenother fuel gas for cutting fork lift welding Tools

amp Tackles accessories spares Chemicals consumables Special tools Fixtures and

tackles Workshop and fabrication shop Calibration facility Local transportation and

Internal Transportation storage amp preservation materials Ist fill of Oil lubricants

grease amp other resources etc required for Installation commissioning work to be

arranged by contractor Crane facility for unloading the equipment at the site Space water compressed air and electric Power will be provided by MDL

During Guarantee Warranty period the entire maintenance repair job shall be carried out by

experienced service engineers amp technicians The supply of all necessary tools tackles and

instruments required for the preventive and breakdown maintenance of the equipment covered

by this contract shall be in contractorrsquos scope No sub-contracting will be allowed

26 Spares Post sale product support 1 The Bidder shall assure a continuous supply of spare parts for at least 10 years from

GM(M)MTI2000007617Passivation Station

Page 23 of 45

the date of commissioning of the machine at MDL

2 List of Service centers amp Setup details to be provided

3 Standard accessories required for making itemequipmentmachine operational amp

ready to use should be included in the scope of supply

4 All defective parts spares can either be repaired or replaced by new parts Spares

replaced will be either of same make or equivalent as suggested by the OEM after

consultation with MDL However the total responsibility of the quality of spares supplied or parts repaired shall be with the Contractor

3 If any defective partitemequipment required to be taken out to the service center by

the firm for the further repairing the firm shall be asked to submit the necessary

indemnity bondBG as required Taking out defective partitemequipment from MDL

and bringing back repaired part item equipment to MDL is in the firmrsquos scope of

work The firm has to bear all the transportation charges amp transit insurance

27 Inspection - (a) Receipt Inspection by MDL- MDL inspection cell amp User dept shall carry out necessary

inspection of the items on receipt in the MDL Yard on the basis of an appropriate MDL

Inspection system requirement along with the representative of user dept amp the Inspection

documents submitted by suppliers Any objection raised by MDL inspection team against

quality of material or workmanship shall be satisfactorily corrected by the supplier at his

expenses including replacement as may be required within shortest possible time within 30

days Items damaged during transit shall also be rectified or replaced by the supplier within

shortest possible time

(b) Rejection of the material Any portion of the equipment found defectiverejected the

supplier shall collect the same at his cost from the MDL Yard all incidental charges being

born by supplier (inclusive of custom duty if payable) within 30 days from the date of

intimation to the supplier of such rejection The MDL reserves the rights to dispose off the

rejected item at the end of a total period of 90 days in any manner to the best advantage to the

MDLamp recover storage charges amp any consequential damages from sale proceeds of such

disposal

(c) Final work completion certificate in respect of completion of entire scope of work will be

certified by MDL user dept

28 Purchase Preference for MSE - NA

29 Risk Purchase amp Cancellation of Order (a) If the equipment article service or any portion thereof be not delivered performed by

the scheduled delivery date period any stoppage or discontinuation of ordered supply

awarded contract without written consent by Purchaser or not meeting the required quality

standards the Purchaser shall be at liberty without prejudice to the right of the Purchaser

to recover Liquidated Damages penalty as provided for in these conditions or to any

other remedy for breach of contract to terminate the contract either wholly or to the extent

of such default Amounts advanced or part thereof corresponding to the undelivered

supply shall be recoverable from the Contractor Bidder at the prevailing bank rate of interest

(b) The Purchaser shall also be at liberty to purchase manufacture or supply from stock as it

deems fit other articles of the same or similar description to make good such default and

or in the event of the contract being terminated the balance of the articles of the

remaining to be delivered there under Any excess over the purchase price cost of

manufacture or value of any articles supplied from the stock as the case may be over the

contract price shall be recoverable from the Bidder Vendor Contractor

(c) The Purchaser reserves the right to cancel an order forthwith without any financial

implications on either side if on completion of 50 of the scheduled deliveryCompletion

period the progress of manufactureSupply is not to the satisfaction of Purchaser and

failure on the part of the BidderVendorContractor to comply with the delivery schedule

is inevitable In such an event the BidderVendorContractor shall repay all the advances

GM(M)MTI2000007617Passivation Station

Page 24 of 45

together with interest at prevailing bank rates from the date of receipt of such advances till

date of repayment The title of any property delivered to Purchaser will be reverted to the

BidderVendorContractor at his cost

(d) In case of breach non-compliance of any of the agreed terms amp conditions of order

contract MDL reserves the right to recover consequential damages from the vendor

contractor on account of such premature termination of contract

(e) In case of delay beyond agreed period for liquidated damages or 10weeks from

contractual delivery period whichever is earlier MDL reserves the right to cancel the

order and procure the order items services from any available source at MDLrsquos option amp

discretion and entirely at your risk and cost Extra expenditure incurred by MDL in doing

will be recoverable from Bidder Supplier Contractor

30 Freak Low Quotes In case after opening of price bid of technically cleared firms it is noted that L-1 firm has quoted very low rates and indicates to withdraw from the tender then EMD shall be

forfeited and firm may be given tender holiday including intimation to other PSUs If the rates

quoted are less than MDL estimates by 40 or so and if the difference in rate between L1 and L2

is 30 or more than the firm will have to give additional BG of 20 of the PO value excluding

GST as additional security Bank charges for this additional BG shall be borne by MDL and

reimbursed against proof of payment

31 Indemnity - The Bidder Vendor Contractor his employees licencees agents or Sub-Vendor

Sub-contractor while on site of the Purchaser for the purpose of this contract indemnifies the

Purchaser against direct damage and or injury to the property and or the person of the Purchaser or

that of Purchasers employees agents Sub- Contractors Suppliers occurring and to the extent

caused by the negligence of the Bidder Vendor Contractor his employees licencees agents or

Sub-contractor by making good such damages to the property or compensating personal injury

and the total liability for such damages or injury shall be as mutually discussed and agreed to

You shall hold harmless and keep MDL indemnified against all claims arising as a result of

infringement of any patent rights on account of manufacture sale or use of article covered by

the order

32 MDL reserves the right to consider placement of Order Contract in part or in full against the

tendered quantity or item MDL reserves the right to place order on FOB or CIF basis

33 MDL shall not be bound by any printed conditions or provisions in the sellers bid forms or

acknowledgement of contract invoices packing list and any other documents which purport to

impose any conditions at variance with the tender terms final negotiated amp accepted terms

34 Bidders can participate in online bidding

a) By registering with above referred portal for User ID and password

b) By obtaining class III DSC (Digital Signature Certificate) for secured bidding

35 In case of improper on-line filling of Acceptance Formats for Tender Enquiry Form General

Terms amp Conditions (GTampC) and Standard Terms amp Conditions (STACS) it shall be

presumed that all our tender terms amp conditions are acceptable to you

36 In case of any clarifications bidders are requested to contact the undersigned before the closing

date of the tender Bidders can also contact toll-free customer help line of e-procurement portal

httpseprocuremdlnicin ASP on email id eproc-supportgovin Ph no 0120-4200462 0120-

4001002

Bidders intending to witness the Tender opening shall log on to httpseprocuremdlnicin

using digital signatures for witnessing the opening

GM(M)MTI2000007617Passivation Station

Page 25 of 45

37 We look forward to your participation in on-line bidding by offering your most competitive

and reasonable bid against this tender

Yours faithfully

For MAZAGON DOCK LIMITED

M Tanweer Iqbal

CM(C-MP)

Enclosure - 1 Instructions to the Bidders

Enclosure - 2 Illustrative format amp guideline for quoting prices in online Price Bid

Enclosure - 3 Standard Terms amp Conditions (STACS)

Enclosure - 4 General Terms amp Conditions (GTampC)

Enclosure - 5 Loading Factors

Enclosure - 6 Format of Letter of Credit

Enclosure 7 Bank Guarantee Format for EMD

Enclosure 8 Bank Guarantee Format for SD

Enclosure 9 Bank Guarantee Format for PBG

Enclosure - 10 MDL bank details for NEFTRTGS EMDSD transfer

Enclosure 11 Shipping Instruction for Sea amp Air Consignments

Note These Enclosuredocuments to be down loaded from our Website under below linkpath-

wwwmazagondockgovin gt Tenders gt Shipbuilding gt ldquoEnclosures Related to Tender Documents from Material

Purchase Deptrdquo

GM(M)MTI2000007617Passivation Station

Page 26 of 45

Enclosure ndash 1

Instructions to the Bidders for uploading the Techno-Commercial Bid and the Price Bid through E-

Procurement Portal

bullbullbullbull Official service provider for the website is NIC

E-mail eproc-supportgovin Office Ph No 0120-4200462 0120-4001002 Ph No +91-8826246593

bullbullbullbull Pre-requisites for up-loading the Techno-Commercial Bid

(i) Compatible computer hardware software set-up to access e-procure website

(ii) ldquoDigital Signature Certificaterdquo class III B (DSC) is a must for downloading the tender and uploading

the techno commercial offer from our website httpseprocuremdlnicin

(iii) ldquoDigital Signature Certificaterdquo class III B (DSC) can be obtained from our service provider

bullbullbullbull To ensure availability of above prerequisite is bidders responsibility

(i) It is mandatory to upload the complete techno-commercial offer and the price bid on e-

procurement

(ii) No part of the bid other than original EMD (if applicable) shall be accepted physically hard copy

outside e-procurement

(iii) Price bids shall strictly be uploaded in appropriate allotted place in the tender available in e-

procurement so that it remains secured encrypted unreadable in the system

(iv) In no circumstances the price bids shall be forwarded or uploaded in any other form

(v) Entire responsibility of the uploading of the complete techno-commercial bid along with the price

bid shall be that of the bidder

(vi) No request complaint shall be entertained after the due datetime of the tender

(vii) Non availability of any of the prerequisites or last minute calls seeking clarifications projecting

problems shall not entitle a bidder to seek request for extension of due date

(viii) Any problem with regard to uploading of the tender shall be intimated to NIC at least 24 hours in

advance to the tender closing time amp date However it will not be considered as reason for extension

of due date of the tender

(ix) Request for extension if at all to be made shall be forwarded at least 3 working days in advance to

the tender closing date time with proper reasoning The request shall be put up to the competent

authority for consideration on the merit of the case MDL reserves all rights in this regard amp decision

of MDL shall be binding to the applicant

It is important to note that the bidders can upload their bids right from the time the tender is available

at website It is advisable that the bidder uploads the bid well in time rather than wait till last minute

to avoid situations wherein he is unable to successfully upload the bid for various reasons which

cannot be addressed then due to lack of time

bullbullbullbull Special instructions to Bidders for online bidding

GM(M)MTI2000007617Passivation Station

Page 27 of 45

(i) Bidders should login well in advance to enable them to complete their bid submission before the

closing time of the tender

(ii) Bidders should submit their bid well in advance to avoid last minute frantic calls

(iii) Bidders should follow all the instructions enlisted on the front page of e-procure web page

(iv) Bidders should ensure Hardware amp Software compatibility as well as Digital Signature available on

front page of e-procure web site Request for extension of due date shall not be entertained due to

non-availability of these tools

bullbullbullbull Bidders to participate in on-line bidding

(i) By registering with above referred portal for User ID and password

(ii) By obtaining class III DSC (Digital Signature Certificate) for secured bidding

NOTE In case any vendor intending to respond against the tender and is not having the DSC to facilitate

uploading of his bid should approach the Service Provider at least 10 working days in advance of the tender

closing date requesting DSC The request so made to the Service Provider should simultaneously be

forwarded to MDL Dealing Officer In case the DSC is not received within 3 to 4 working days the GM (M)

be informed and the DSC if not received from the Service Provider three working days in advance for

suitable extension to tender closing date then only the tender due date shall be considered

GM(M)MTI2000007617Passivation Station

Page 28 of 45

Annexure-2

Illustrative format amp guideline for quoting prices in online Price Bid

Below format of price bid will appear online Indigenous bidders to follow instructions given in each respective

cell while quoting their cost in online price bid -

Item Sr no 1

Material Description As per clause No 1

Quantity As per clause No 1

Set Set

Currency INR USD EURO

For Indian Bidder Basic Unit Rate in INR only

For Foreign Bidder CIF Rate to be entered by the foreign

currency

To be quoted

of CGST+SGST or IGST on Basic rate To be quoted

Installation Commissioning Charges per Unit To be quoted

of CGST+SGST or IGST on Installation Commissioning

Charges To be quoted

Inspection Testing Charges per Unit To be quoted

of CGST+SGST or IGST on Inspection Testing Charges To be quoted

GM(M)MTI2000007617Passivation Station

Page 29 of 45

Enclosure-3

STANDARD TERMS AND CONDITIONS (STACS) 101 The word Purchaser refers to MAZAGON DOCK SHIPBUILDERS LIMITED (MDL) a Company

registered under the Indian Companies Act 1913 and it includes its successors or assignees

102 The word BidderVendorContractor means the person firm Company who undertakes to

manufacture and or supply and or undertake work of any nature assigned by the Purchaser from time to time

and includes its successors or assignees

103 The word Owner means the person or authority with whom MAZAGON DOCK SHIPBUILDERS

LIMITED (Purchaser) has contracted to carry out work in relation to which orders are placed by the

Purchaser on the BidderVendorContractor under this contract for supply or manufacture of certain items

and would include Department of Defence Production Ministry of Defence Government of India the Indian

Navy the Coast Guard and any other specified authority

120 GENERAL 121 Unless otherwise indicated specifically by the bidder contractor in his bid it shall be construed as his

acceptance of all the conditions mentioned in this STACS

200 COMMUNICATION amp LANGUAGE FOR DOCUMENTATION 201 Any letter facsimile message e-mail intimation or notice sent to the BidderVendorContractor at the

last known address mentioned in the offer order shall be deemed to be valid communication for the purpose

of the ordercontract Unless stated otherwise by the purchaser Language for communication amp all

documentation shall be same which the Purchaser has used in the tender enquiry

210 PURCHASERrsquoS PROPERTY 211 All property (such as materials drawings documents etc) issued by the Purchaser or any other

individual or firm on behalf of the Purchaser in connection with the contract shall remain confidential being

the property of the Purchaser and the BidderVendorContractor shall undertake to return all such property so

issued and will be responsible for any or all loss thereof and damage thereto resulting from whatever causes

and shall reimburse the Purchaser the full amount of loss and damage

212 On completion of work in any compartment location of the purchaserrsquos premises the

BidderSupplierContractor must ensure that the place is left in a reasonably clean state and all scrap is

transferred to nearby scrap-bins

220 RISK PURCHASE 221 If the equipment article service or any portion thereof be not delivered performed by the scheduled

delivery date period any stoppage or discontinuation of ordered supply awarded contract without written

consent by Purchaser or not meeting the required quality standards the Purchaser shall be at liberty without

prejudice to the right of the Purchaser to recover Liquidated Damages penalty as provided for in these

conditions or to any other remedy for breach of contract to terminate the contract either wholly or to the

extent of such default Amounts advanced or part thereof corresponding to the undelivered supply shall be

recoverable from the Contractor Bidder at the prevailing bank rate of interest

222 The Purchaser shall also be at liberty to purchase manufacture or supply from stock as it deems fit

other articles of the same or similar description to make good such default and or in the event of the contract

being terminated the balance of the articles of the remaining to be delivered there under Any excess over the

purchase price cost of manufacture or value of any articles supplied from the stock as the case may be over

the contract price shall be recoverable from the Bidder Vendor Contractor

230 RECOVERY ADJUSTMENT PROVISIONS 231 Payment made under one order shall not be assigned or adjusted to any other order except to the extent

agreed upon in writing by the Purchaser During the currency of the contract if any sum of money is payable

by the Bidder Vendor Contractor the same shall be deducted from any sum then due or thereafter may

become due to the Bidder Vendor Contractor under the contract or any other contract with the Purchaser

240 ADDITIONAL BANK GUARANTEE In case after opening of price bid of technically cleared firms it is noted that L-1 firm has quoted very low

rates and indicates to withdraw from the tender then EMD shall be forfeited and firm may be given tender

holiday including intimation to other PSUs If the rates quoted are less than MDL estimates by 40 or so and

if the difference in rate between L1 and L2 is 30 or more then the firm will have to give additional BG of

20 of the PO value as additional security Bank charges for this additional BG shall be borne by MDL and

reimbursed against proof of payment

250 INDEMNIFICATION 251 The Bidder Vendor Contractor his employees licencees agents or Sub-Vendor Sub-contractor

while on site of the Purchaser for the purpose of this contract indemnifies the Purchaser against direct

GM(M)MTI2000007617Passivation Station

Page 30 of 45

damage and or injury to the property and or the person of the Purchaser or that of Purchasers employees

agents Sub- Contractors Suppliers occurring and to the extent caused by the negligence of the Bidder

Vendor Contractor his employees licencees agents or Sub-contractor by making good such damages to the

property or compensating personal injury and the total liability for such damages or injury shall be as

mutually discussed and agreed to

260 TRANSFER OF VENDORS CONTRACTORrsquoS RIGHTS 261 The Bidder Vendor Contractor shall not either wholly or partly sell transfer assign or otherwise

dispose of the rights liabilities and obligations under the contract between him and the Purchaser without

prior consent of the Purchaser in writing

270 SUBCONTRACT amp RIGHT OF PURCHASER 271 The Bidder Vendor Contractor under no circumstances undertake or subcontract any work contract

from or to any other Sub-contractor without prior written approval of the Competent Authority of Purchaser

In the event it is found that such practice has been indulged in the contract is liable to be terminated without

notice and the Bidder Vendor Contractor is debarred all from future tender enquiries work orders

However in no circumstances a contractor is permitted to subcontract any part of the contract to the bidders

who had quoted for the concerned tender

280 PATENT RIGHTS 281 The Bidder Vendor Contractor shall hold harmless and keep the Purchaser indemnified against all

claims arising as a result of infringement of any patent copy rights on account of manufacture sale or use of

articles covered by the order

290 AGENTS AGENCY COMMISSION

291 The seller confirms and declares to the buyer that the seller is the original manufacturer or authorized

distributorstockiest of original manufacturer of the stores referred to in this contract and has not engaged any

individual or firm whether Indian or foreign whatsoever to intercede facilitate or in any way to

recommended to the Buyer or any of its functionaries whether officially or unofficially to the award of the

Contract Purchase order to the Seller nor has any amount been paid promised or intended to be paid to any

such individual or firm in respect of any such intercession facilitation or recommendation The Seller agrees

that if it is established at any time to the satisfaction of the Buyer that the present declaration is in any way

incorrect or if at a later stage it is discovered by the Buyer that the Seller has engaged any such

individualfirm and paid or intended to pay any amount gift reward fees commission or consideration to

such person party firm or institution whether before or after the signing of this Contract Purchase order

the Seller

will be liable to refund that amount to the Buyer

Tender no GM (M)GRA2000007246 Page 16 of 26

The seller will also be debarred from participation in any RFQTender for new projectsprogram with Buyer

for a minimum period of five years

The buyer will also have a right to consider cancellation of the Contract either wholly or in part without any

entitlement or compensation to the Seller who shall in such event be liable to refund all payments made by

the buyer in terms of the Contract along with interest at the rate of 2 per annum above LIBOR (London

Inter Bank Offer Rate) (for foreign vendors) and base rate of SBI plus 2 (for Indian Vendors)

The Buyer will also have the right to recover any such amount from any contracts concluded earlier with

Buyer

300 USE OF UNDUE INFLUENCE CORRUPT PRACTICES

301 The Bidder Supplier Contractor undertakes that he has not given offered or promised to give directly

or indirectly any gift consideration reward commission fees brokerage or inducement to any person in

service of the Purchaser or otherwise in procuring the contract or forbearing to do or for having done or

forborne to do any act in relation to the obtaining or execution of the Contract with the Purchaser for showing

or forbearing to show favour or disfavour to any person in relation to the Contract or any other Contract with

the Purchaser Any breach of the aforesaid undertaking by the Bidder Supplier Contractor or any one

employed by him or acting on his behalf (whether with or without the knowledge of the Bidder Supplier

Contractor) or the commission of any offence by the Bidder Supplier Contractor or any one employed by

him or acting on his behalf as defined in Chapter IX of the Indian Penal Code 1980 or the Prevention of

Corruption Act 1947 or any other Act enacted or the prevention of corruption shall entitle the Purchaser to

cancel the contract and all or any other contracts with the Bidder Contractor Supplier and recover from the

Bidder Supplier Contractor the amount of any loss arising from such cancellation Decision of the

Purchaser or his nominee to the effect that a breach of the undertaking has been committed shall be final and

binding on the Bidder Supplier Contractor

302 The Bidder Supplier Contractor shall not offer or agree to give any person in the employment of

GM(M)MTI2000007617Passivation Station

Page 31 of 45

Purchaser any gift or consideration of any kind as Inducement or reward for doing or forbearing to do or

for having done or forborne to do any act in relation to the obtaining or execution of the contracts Any

breach of the aforesaid condition by the Bidder Supplier Contractor or any one employed by them or

acting on their behalf (whether with or without the knowledge of the Bidder Supplier Contractor) or the

commission of any offence by the Bidder Supplier Contractor or by any one employed by them or acting

on their behalf which shall be punishable under the Indian Penal Code 1980 andor the Prevention of

Corruption by Public Servants shall entitle Purchaser to cancel the contracts and all or any other contracts

and then to recover from the Bidder Supplier Contractor the amounts of any loss arising from such

contracts cancellation including but not limited to imposition of penal damages forfeiture of Security

Deposit encashment of the Bank Guarantee and refund of the amounts paid by the Purchaser

303 In case it is found to the satisfaction of the Purchaser that the Bidder Supplier Contractor has

engaged an Agent or paid commission or influenced any person to obtain the contract as described in clauses

relating to Agents Agency Commission and use of undue Influence the Bidder Supplier Contractor on a

specific request of the Purchaser shall provide necessary information inspection of the relevant financial

document information

310 IMMUNITY OF GOVERNMENT OF INDIA CLAUSE 311 It is expressly understood and agreed by and between Ms (Bidder Supplier Contractor) and

MAZAGON DOCK SHIPBUILDERS LIMITED Dockyard Road Mumbai - 400 010 (MDL) is entering

into this Agreement solely on its own behalf and not on the behalf of any person or entity In particular it is

expressly understood and agreed that the Government of India is not a party to this Agreement and has no

liabilities obligations or rights hereunder It is expressly understood and agreed that MDL is an independent

legal entity with power and authority to enter into contracts solely in its own behalf under the applicable of

Laws of India and general principles of Contract Law The (Bidder Supplier Contractor) expressly agrees

acknowledges and understands that MDL is not an agent representative or delegate of the Government of

India It is further understood and agreed that the Government of India is not and shall not be liable for any

acts omissions and commissions breaches or other wrongs arising out of the contract Accordingly (Bidder

Supplier Contractor) hereby expressly waives releases and foregoes any and all actions or claims including

cross claims impleader claims or counter claims against the Government of India arising out of this contract

and covenants not to sue Government of India in any manner claim cause of action or thing whatsoever

arising of or under this Agreement

320 EXPORT LICENCE 321 The export licenses that may be required for delivery of the various itemsequipment to MDL shall be

arranged by the Bidder Supplier Contractor from the concerned authorities in their country without any

time amp cost implications on the Purchaser

330 BANNED OR DE-LISTED CONTRACTORS VENDORS 331 The Bidder Vendor Contractor declares that they being Proprietors Directors Partners have not

been any time individually or collectively blacklisted or banned or de-listed by any Government or quasi

Government agencies or PSUs If a bidderrsquos entities as stated above have been blacklisted or banned or delisted

by any Government or quasi Government agencies or PSUs this fact must be clearly stated and it may

not necessarily be a cause for disqualifying him

340 DUTY OF PERSONNEL OF SUPPLIERVENDOR 341 MDL being a Defence Organization Bidder Vendor Contractor undertakes that their personnel

deployed in connection with the entrusted work will not indulge in any activities other than the duties

assigned to them

350 DISPUTE RESOLUTION MECHANISM AND ARBITRATION

351 DISPUTE RESOLUTION MECHANISM (DRM) i) Any disputedifferences between the parties arising out of and in connection with the contract shall be

settled amicably by mutual negotiations

ii) In case of non-settlement by (i) above if at any time before during or after the contract period any

unsettled claim dispute or difference arose between the parties upon or in relation to or in connection with

or in any way touching or concerning this tenderagreementordercontract the same shall be referred to the

concerned Functional Director

The Functional Director shall then nominate an Executive of the rank of General Manager whom he thinks fit

and competent or a Committee of Executives whowhich shall then scrutinise the claimsdisputes that have

been referred to the concerned functional Director and make efforts for amicable settlements by mutual

discussionsnegotiations

iii) In case no amicable settlement is arrived by (ii) above within a period of three months then the contractor

shall approach Public Grievance Cell and address the disputes as per the provisions made under the relevant

GM(M)MTI2000007617Passivation Station

Page 32 of 45

clause of the contract

iv) In case the issuesdisputes do not get settled within a period of six months from the date of

submission of the dispute to the Grievance Cell then the contractor may invoke Arbitration Clause of the

contract

352 ARBITRATION Unresolved disputesdifferences if any shall then be settled by arbitration The

Arbitration proceedings shall be conducted at Mumbai India in English Language under the Arbitration amp

Conciliation Act 1996

MDL prefers to have arbitration through Institutes such as Indian Council of Arbitration (ICA)ICA-DR with

the mutual consent of the parties

353 In case of unresolved differencedispute between the Purchaser and Supplier being Central Public

Sector EnterprisesCentral Govt departments the disputes shall be resolved firstly through mutual discussion

or through the empowered agencies of the Govt or through arbitration by reference by either party to the

department of Public Enterprises as per extant guidelines If disputesdifferences remain

unresolvedunexecuted the same shall be referred first to the Cabinet Secretariat and then if necessary to the

PMO

354 Any changes to arbitration clause must be vetted by HOD (Legal) before incorporation in

contractPO

360 JURISDICTION OF COURTS 361 All contracts shall be deemed to have been wholly made in Mumbai and all claims there under are

payable in Mumbai City and it is the distinct condition of the order that no suit or action for the purpose of

enforcing any claim in respect of the order shall be instituted in any Court other than that situated in Mumbai

City Maharashtra State India ie courts in Mumbai shall alone have jurisdiction to decide upon any dispute

arising out of or in respect of the contract

-----------------------

GM(M)MTI2000007617Passivation Station

Page 33 of 45

Enclosure-4

GENERAL TERMS amp CONDITIONS (GTampC)

A10 Blank

A20 SECURITY DEPOSIT A21 The successful bidder shall submit a Security Deposit 5 of the contract order value (excluding

taxes duties freight service component) of the Order in the form of Demand Draft Bank Guarantee in the

prescribed format in favour of Purchaser within 25 days from date of Contract The Security Deposit will be

returned only after the successful execution of the order contract Refund of Security Deposit whenever

considered admissible by the Purchaser shall be without interest only

A30 FORFEITURE OF EMD BID BOND A31 In cases of withdrawal of bid during validity period or during any extension granted thereof non

acceptance of agreed conditions of Technical and or Commercial and or Price Negotiations non-submission

of the security deposit and or non-acceptance of the order the EMD or bid security will be forfeited or

encashed as the case may be

A40 FORFEITURE OF SECURITY DEPOSIT A41 Non-performance of agreed terms and or defaultbreach by BidderVendorContractor will result in

forfeiture of security deposit with application of risk purchase provisions as felt appropriate by the Purchaser

A50 FORFEITURE OF PERFORMANCE GUARANTEE A51 In the event of BidderVendorContractor failure to attend the Guarantee defects within a reasonable

period of time the Performance Bank Guarantee will be encashed by the Purchaser The Purchaserrsquos decision

shall be final and binding on BidderVendorContractor

A60 SUPPLIES A61 The equipment products items Services to be supplied shall be strictly in accordance with the

Drawings Specifications Requirements indicated in the Tender Enquiry Order with deviations if any as

mutually accepted

A70 PROGRESS REPORTING amp MONITORING A71 Where so stipulated in the order the Bidder Supplier Contractor shall render such reports from time

to time as regards the progress of the contract and in such a form as may be called for by the Purchaser

A80 CANCELLATION OF ORDER A81The Purchaser reserves the right to cancel an order forthwith without any financial implications on either

side if on completion of 50 of the scheduled deliveryCompletion period the progress of

manufactureSupply is not to the satisfaction of Purchaser and failure on the part of the

BidderVendorContractor to comply with the delivery schedule is inevitable In such an event the

BidderVendorContractor shall repay all the advances together with interest at prevailing bank rates from the

date of receipt of such advances till date of repayment The title of any property delivered to Purchaser will

be reverted to the BidderVendorContractor at his cost

A82 In case of breach non-compliance of any of the agreed terms amp conditions of order contract MDL

reserves the right to recover consequential damages from the vendor contractor on account of such

premature termination of contract

A83 In case of delay beyond agreed period for liquidated damages or 10weeks from contractual delivery

period whichever is earlier MDL reserves the right to cancel the order and procure the order items services

from any available source at MDLrsquos option amp discretion and entirely at your risk and cost Extra expenditure

incurred by MDL in doing will be recoverable from Bidder Supplier Contractor

A90 PRESERVATION AND MAINTENANCE

A91 Should any material require any preservation till its final installationfitment the detailed procedure

(Long term amp short term) for the same as also the time of interval after which the state of preservation needs

to be reviewed is to be stated by the BidderVendorContractor

A92 Further the de-preservation prior to the materialequipment being commissioned and the maintenance

procedure together with its periodicity is also to be indicated by the Bidder Vendor Contractor

A93 The Bidder Vendor Contractor in their offer must confirm that indigenous oil lubricants and

preservatives etc can be used in the equipment The bidder must also give assurance that the equipment

performance will not be downgraded by use of indigenous equivalents

A100 FREIGHT amp INSURANCE

A101 For Indigenous Bidders In cases where the offers are for Door Delivery to Purchaser transit freight

amp Insurance charges shall be borne by the Bidder Supplier Contractor In other agreed cases of Ex-works

Ex-Transporters warehouse or Railway godown offers the Bidder Supplier Contractor on dispatch shall

give details of materials with dispatch particulars and their value in time to Purchasers Insurance Company

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Page 34 of 45

on the contact details as provided in the order In such agreed cases the freight amp insurance charges will be

paid by the purchaser directly to the parties concerned

A102 For Foreign Bidders For overseas supplies on CIF port of dispatch basis Transit Insurance shall be

arranged by the Purchaser The Bidder Supplier Contractor shall immediately on despatch of the

items inform all relevant details of despatch such as Order number Bill of LadingAWB number

marked as Freight Paid Insurance policydocument number of packages value of consignment

invoice number in time directly to Purchasers Insurance company amp Purchaser on the contact details

as provided in the order In case of delivery term other than CIFCIP the freight amp insurance charges

will be paid by the purchaser directly to the parties concerned

A110 TAXES amp DUTIES STATUTORY LEVIES A111 Taxes and duties applicable if any shall be regularized by MDL by issuing necessary exemption

certificates in respect of procurement for Defence Projects Bidder shall indicate separately the GST and

duties applicable in their offer When the items qualify for exemption partlyfully but the supplier did not

avail of the same the amount of taxes and duties on such supplies shall be to supplierrsquos account In cases

where exemption certificates are not issued for any reason taxes shall be paid as indicated in the Purchase

OrderContract Tax deduction at source will be effected wherever applicable (eg TDS under Income tax

Act TDS on Works Contract under GST Act etc) from the bills of the Supplier as per statutes Similarly

where payment of Custom duty is agreed to and stipulated in the Purchase Order Contract the same will be

paid by the Purchaser on receipt of supplierrsquos bills along with Custom Certified Duty Paid Challan-Money

Receipt in original or carbon copy as relevant These Challans Receipts Bill of Entry are to be drawn issued

in the name of lsquoMAZAGON DOCK SHIPBUILDERS LIMITEDrsquo only Where payment of GST is agreed to

and stipulated in the Purchase Order Contract the same will be paid by the Purchaser on the basis of

Suppliers TAX INVOICE wherein the GST Number along with HSN SAC code is indicated in the Invoice

A120 DEMURRAGE A121 Storage and Demurrage charges will be payable by the Bidder Vendor Contractor for all shipments

that reach purchaser without proper dispatch documentations Lorry Receipts not accompanied by packing

lists invoices etc The Supplier shall be responsible for fines due to errors or omissions in description weight

or measurements and for increased handling charges due to improper packing

A130 INSPECTION TESTING A131The ordered items will be inspected either by Classification Society Nominated Agency and or by

Inspection Officer nominated by Purchaser at stages defined in the tender Purchase Order or as agreed to be

defined subsequently in terms of the Purchase Order

A132 The decision of the Inspecting Authority or their representatives as the case may be on any question

of the intent meaning and the scope of Specifications Standards shall be final conclusive and binding on

the Bidder Vendor Contractor

A133 The Bidder Vendor Contractor shall accord all facilities to Purchasers Inspectors Nominated

Agency to carry out Inspection Testing during course of manufacture final testing

A140 RECEIPT INSPECTION BY MDL A141 MDL shall carry out necessary inspection of the items on receipt on the basis of an appropriate quality

assurance system and inspection system requirements along with representative of the Owner Any objection

raised by MDL Quality Control Team against quality of materials or workmanship shall be satisfactorily

corrected by the Contractor at his expense including replacement as may be required within shortest possible

time within 30 days Items damaged during transit shall also be rectified replaced by the Contractor within

shortest possible time payment for which shall be made at mutually agreed rates

A150 REJECTION OF MATERIALS A151 Should the articles or any portion thereof of the equipment be found defective rejected the Bidder

Vendor Contractor shall collect the same from the Purchasers Stores all incidental charges being borne by

him (inclusive of Custom duty if payable) within 30 days from the date of intimation to the Bidder Vendor

Contractor of such rejection The Purchaser reserves the right to dispose off the rejected items at the end of

a total period of 90 days in any manner to the best advantage to the Purchaser and recover storage charges

and any consequential damages from sale proceeds of such disposal

A160 TECHNOLOGICAL DEVELOPMENTS MODIFICATIONS

A161 The Bidder Supplier Contractor shall unconditionally and free of cost to the Purchaser transfer

information on technological developments innovations modifications which the BidderSupplier

Contractor would evolve in future (within 3 years) in relation to the supplied equipment To enable this the

Purchasers address shall be added to the Bidder Supplier Contractorrsquos mailing list or database or any other

document maintained for dissemination of product information and the Purchaser shall be informed of the

GM(M)MTI2000007617Passivation Station

Page 35 of 45

action taken in this regard If such improvements modifications are brought in by the Bidder Supplier

Contractorrsquos Design Department in the course of manufacture of equipment ordered by the Purchaser the

Bidder Supplier Contractor shall incorporate such improved versions in the equipment without any extra

cost to the Purchaser under Purchaserrsquos prior consent

A162 If the Purchaser be desirous of getting incorporated all post supply modifications improvements

arising out of technological developments to the original equipment supplied by the Bidder Supplier

Contractor the Bidder Supplier Contractor shall quote for and carry out all such modifications to the

equipment

A163 Where the whole or a portion of the equipment has been specifically developed by the Bidder

Supplier Contractor for the Owner and the latter would through the Purchaser be bearing the entire or part

of the development cost incurred by the Bidder Supplier Contractor the design rights for the whole or

portion thereof of the equipment as appropriate shall vest in the Owners

A164 Prior approval of the Owner should be obtained before similar articles are sold supplied to any other

party other than the Owner If such approval is given and sale is effected the Bidder Supplier Contractor

shall pay to the Owner royalty at the rate mutually agreed to

A165 The Sub-contractor Supplier Supplier shall continue to support the equipment for a minimum period

of 20 years from the date of supply by making available spare parts and assemblies of the equipment

supplied Should the Sub-contractor Supplier Supplier decides to discontinue the product for any reason

whatsoever adequate notice shall be given to the Purchaser Owner to enable procurement of the requisite

lifetime spares

A170 PURCHASERrsquoS RIGHT TO ACCEPT ANY BID PART OF BID AND TO REJECT ANY OR

ALL BIDS A171 The Purchaser reserves the right to accept and or reject any or all tenders and or to withdraw the tender

in Toto and or award the contract order in full or part to more than one vendor contractor without

assigning any reason whatsoever and without thereby incurring any liability to the affected Bidder or Bidders

or any obligations to inform the affected Bidder or Bidders of the grounds for MDL action

A180 BANK GUARANTEE INSURANCE COVER FOR FREE ISSUE MATERIAL A181 The Bidder Supplier Contractor shall furnish Bank Guarantee insurance Cover equivalent to the

value of materials supplied by MDL free of cost valid up to the execution of the contract delivery of

material inspected accepted and receipt at MDL together with the material reconciliation statement

whichever is later

A190 BIDDERrsquoS RESPONSE IN CASE OF NO PARTICIPATION A191 The Sub-contractor Supplier Vendor shall inform the Purchaser in advance in case he is unable to

participate in the tender for whatsoever reason Failure to comply with this will be viewed seriously and

consecutive three failures on the part of Sub-contractor Supplier Vendor to do so is liable for

disqualification debarring of the Sub-contractor Supplier Vendor from all future tender enquiries and or

delisting from the list of Approved Registered Vendors

A230 PREFERENCETIAL PURCHASE FROM MSE VENDORS ndash Not Applicable MDL has right to place order on MSE firm meeting following criteria

In tenders if participating MSEs quoted prices are within price band of L1+15 such MSEs shall also be

allowed to supply a portion up to 20 of requirement by bringing down their prices to L1 price where L1 is

non MSEs If more than 1 MSEs fall under such criteria then this 20 shall be distributed proportionally

This preference shall not be applicable where MSE firm is L1 firm out of 20 percent target of annual

procurement from Micro and Small Enterprises a sub-target of 20 percent (ie 4 percent out of 20 percent)

shall be earmarked for procurement from Micro and Small Enterprises owned by the Scheduled Caste or the

Scheduled Tribe Entrepreneurs In respect of items reserved for MSE extant guidelines shall be followed

Presently Circular No SO 581(E) dated 23032012 is applicable

GM(M)MTI2000007617Passivation Station

Page 36 of 45

Annexure-5

LOADING FACTORS A

Sr

No

Description Foreign Supplier

100 import content

Indigenous

Supplier with part

Import content

Indigenous

Supplier without

Import content

1 Basic Price Quoted

CIF

a a Ex Works

b b Delivered to

MDL Stores

a Ex Works

b Delivered to

MDL Stores

2 Add Insurance Charges Nil In case of 1 (a) In case of 1 (a)

3 Add Sea Air Freight charges

Inland Road Transport Nil In case of 1 (a) In case of 1 (a)

4

Customs Clearance Port

Handling Transportation to

Yard

Applicable NIL NIL

5

Cost (ex-MDL) excluding taxes

amp duties without loading

towards any deviations

CIF price +

SrNo4 Sr Nos (1+2+3) Sr Nos (1+2+3)

B LOADINGS DUE TO VARIATIONS IN FINANCIAL TERM

6 Variation in payment Terms

Varied payment terms quoted by bidders as compared to the terms stated

in the tender document shall be normalized on the amount(s) at variation

and or for the period (in no of days) at variation by adopting the Prime

Lending Rate of State Bank India plus 2 thereon incase of indigenous

bidders and LIBOR EURIBOR rates in case of foreign bidders

7

Income tax amp Service Tax on

Technical Services Service

Engineers liability to MDL

Normalization shall be done in respect of the amount of tax that have to

be borne by the Company

8 Production norms such as

scrap output ndash input ratio

9 Base date for price variation

clause

1

0

Cost (ex-MDL) excluding taxes

amp duties after loading for

variations in financial term

(SR Nos 5 + 6 + 7 + 8 + 9)

C LOADING ON ACCOUNT OF DEVIATIONS IN FOLLOWING COMMERCIAL TERMS

11

Security Deposit Contract

Performance Guarantee Mandatory

12

Equipment Performance

Guarantee Mandatory

13

Additional delivery period

sought over stipulated period as

per Tender

For the additional period sought by the bidder over the stipulated date of

delivery as per tender 050 per week for delayed period will be loaded

to the quoted price if the period under variation does not lead to bid

rejection criteria 14 Additional time sought for

supplying binding data

15 Liquidated damages per week

rate Maximum Ceiling

If bidder seeks less than 5 (Max ceiling) then the difference will be

loaded

The rate of LD per week or part thereof is 05 If bidder seeks say 04

per week or part thereof then Max Ceiling of LD will be equated to

weeks (Say 10 weeks) then LD proposed by bidder works out to 10 X 04

= 4 then 1 will be loaded

16 Warranty Guarantee

Deviations in respect of the period of Warranty shall be loaded to the

quoted price 025 per month or part thereof This does not arise if

the bidder quotes additional price for the differential period

GM(M)MTI2000007617Passivation Station

Page 37 of 45

17

Cost (Ex-MDL) excluding taxes

amp duties after loading for

variations on account of

financial and commercial terms

Sr Nos 10 + 11 + 12 + 13 + 14 + 15 + 16

D LANDED COST

18

Taxes amp Duties

19

Landed Cost Sr Nos 17 + 18

GM(M)MTI2000007617Passivation Station

Page 38 of 45

Annexure-6

LETTER OF CREDIT FORMAT FOR SHIPMENT BY SEA AIR

40A Form of Documentary Credit Type IRREVOCABLE

20 Transaction Reference Number Documentary

Credit Number

31C Date of Issue Date

31D Date and Place of Expiry Date

Place NEGOTIATING BANK

51A Applicant Bank BIC BANKERS OF MDLMUMBAI

50 Applicant Name amp Address MAZAGON DOCK SHIPBUILDERS LTD

DOCKYARD ROAD MAZAGON MUMBAI ndash

400 010

59 Beneficiary Name amp Address

32B Currency Code Amount

Currency

Amount

39A Percentage Credit Amount Tolerance

Tolerance 1

Tolerance 2

41D Available with hellipByhellip Name amp Address

42C Draft at hellip Narrative SIGHTNEGOTIATION

42D Drawee Name amp Address BANKERS OF MDLMUMBAI

43P Partial Shipments Narrative ALLOWEDNOT ALLOWED

43T Transhipment Narrative ALLOWEDNOT ALLOWED

44A Loading on Board Dispatch Narrative AIRPORT SEAPORT (AS PER TENDER

ENQUIRYORDER)

44B For Transportation to Narrative AIRPORT SEAPORT (AS PER TENDER

ENQUIRYORDER)

44C Latest Date of Shipment Date

46A Documents required Narrative (AS PER TENDER ENQUIRY)

47A Additional conditions Narrative 1 ALL DOCUMENTS SHOULD BE MARKED

WITH IEC CODE NO0388070412 LC NO

AND DATE AND IMPORT UNDER NON-

NEGATIVE LIST OF IMPORT EXPORT

POLICY AM

2 DISCREPANT DOCUMENTS TO BE SENT

STRICTLY ON COLLECTION BASIS

71B Details of charges Narrative ALL FOREIGN BANK CHARGES OUTSIDE

INDIA ARE FOR THE BENEFICIARYrsquoS

ACCOUNT

48 Period for presentation

Narrative

WITHIN ----- DAYS FROM THE DATE OF

BILL OF LADING AIRWAY BILL 49 Confirmation instructions

Instruction

WITHOUT

53D Reimbursing Bank

Name amp Address

BANKERS OF MDL WILL SPECIFY

78 Instructions to the Paying Accepting Bank

Narrative

BANKERS OF MDL WILL SPECIFY 72 Sender to Receiver Information

Narrative

BANKERS OF MDL WILL SPECIFY

GM(M)MTI2000007617Passivation Station

Page 39 of 45

Enclosure-7

PROFORMA BANK GUARANTEE FOR BID BOND EMD

(On Non-Judicial stamp paper of value Rs 500-)

IN CONSIDERATION OF MAZAGON DOCK SHIPBUILDERS LIMTED a company incorporated under the Companies Act 1956 and having its registered office at Dockyard Road Mumbai 400010 (hereinafter referred to as

the ldquothe Companyrdquo which expression shall unless it be repugnant or contrary to the subject or context thereof be

deemed to mean and include its successors and assigns) having agreed to accept the Earnest Money Deposit (EMD)

of Rs--------------------------- -------(Rupees-----------------------------only) in the form of Bank Guarantee from Messers

a partnership firmsole proprietor businessa company registered under the Companies Act 1956

having its office at (hereinafter called the tenderer which expression shall unless it be

repugnant or contrary to the subject or context thereof be deemed to mean and include its successors and assigns) for

participating in the Tender nodated (hereinafter called the tender which expression

shall include any amendmentsalterations to the tender issued by the Company) for the supply delivery at site

installation and commissioning of certain equipment itemservicescivil works etc We

Bank having office at (hereinafter referred to as ldquothe Bankrdquo which

expression shall includes its successors and assigns) hereby agree to pay to the Company without any demur on first

demand an amount not exceeding Rs (Rupeesonly) against any loss or damage costs charges and expenses caused to or suffered by the Company by reason of non performance and non-fulfilment or for

any breach on the part of the tenderer of any of the terms and conditions of the said tender

2 We Bank further agree that the Company shall be sole judge whether the said tenderer has

failed to perform or fulfil the said tender in terms thereof or committed breach of any terms and conditions of the

tender the extent of loss damage cost charges and expenses suffered or incurred or would be suffered or incurred by

the Company on account thereof and we waive in the favour of the Company all the rights and defences to which we

as guarantors may be entitled to

3 We Bank further agree that the amount demanded by the Company as such shall be final and

binding on the Bank as to the Bank s liability to pay and the amount demanded and the Bank undertake to pay the

Company the amount so demanded on first demand and without any demur notwithstanding any dispute raised by the

tenderer or any suit or other legal proceedings including arbitration pending before any court tribunal or arbitrator

relating thereto our liability under this guarantee being absolute and unconditional

4 We Bank further agree with the Company that the Company shall have the fullest liberty

without our consent and without affecting in any manner our obligations hereunder to vary any of the terms and

conditions of the said tenderor to extend time of performance by the tenderer from time to time or to postpone for

any time to time any of the powers exercisable by the Company against the tenderer and to forbear to enforce any of

the terms and conditions relating to the tender and we shall not be relieved from our liability by reason of any such

variation or extension being granted to the tenderer or for any forbearance act or omission on the part of the

Company or any indulgence by the Company to the tenderer or by any such matter or things whatsoever which under

the law relating to sureties would have the effect of relieving us

5 We Bank further undertake not to revoke this guarantee during its currency except with

the previous consent of the Company in writing

6 We Bank also agree that the Bankrsquos liability under this guarantee shall not be affected

by any change in the constitution of the tenderer or dissolution or winding up of the business of the tenderer

7 Notwithstanding anything contained herein above

i) Our liability under this guarantee shall not exceed Rs

ii) This Bank Guarantee shall be valid upto and including and

iii) We are liable to pay the guarantee amount or any part thereof under this Bank Guarantee only and only if you

serve upon us a written claim or demand on or before helliphelliphellip (validity + --- weeks from the date of expiry of this

guarantee)

8 This Guarantee shall be governed by Indian laws and the Courts at Mumbai India shall have the exclusive

jurisdiction

GM(M)MTI2000007617Passivation Station

Page 40 of 45

IN WITNESS WHEREOF the Bank has executed this document on this day

of

For Bank

(by its constituted attorney

or the person authorized to sign)

(Signature of a person authorized

to sign on behalf of the Bank)

GM(M)MTI2000007617Passivation Station

Page 41 of 45

Enclosure-8

PROFORMA BANK GUARANTEE FOR SECURITY DEPOSIT (ILLUSTRATIVE FORMAT)

(On Non-Judicial stamp paper of value Rs 500)

IN CONSIDERATION OF MAZAGON DOCK SHIPBUILDERS LIMTED a company incorporated under the

Companies Act 1956 and having its registered office at Dockyard Road Mumbai 400010 (hereinafter referred to as

the ldquothe Purchaserrdquo which expression shall unless it be repugnant or contrary to the subject or context thereof be

deemed to mean and include its successors and assigns) having placed an order on Messers

a partnership firmsole proprietor businessa company registered under the Companies Act 1956

having its office at (hereinafter called the Contractor Supplier which expression shall unless it

be repugnant or contrary to the subject or context thereof be deemed to mean and include its successors and assigns)

vide order No dated (hereinafter called the order which expression shall include any

amendmentsalterations to the order issued by the Purchaser) for the supply delivery at site installation and

commissioning of certain equipment itemservicescivil works etc as stated in the said Order and the Purchaser

having agreed with the ContractorSupplier to accept a Bank Guarantee in lieu of Security Deposit payable under the

said order for the fulfilment and performance of the said order We Bank having

office at (hereinafter referred to as the Bank which expression shall includes its

successors and assigns) hereby agree to pay to the Purchaser without any demur on first demand an amount not

exceeding Rs (Rupeesonly) being 5 of the order value against any loss or damage costs

charges and expenses caused to or suffered by the Purchaser by reason of non performance and non-fulfilment or for

any breach on the part of the Contractor Supplier of any of the terms and conditions of the said order

2 We Bank further agree that the Purchaser shall be sole judge whether the said

contractorSupplier has failed to perform or fulfil the said order in terms thereof or committed breach of any terms

and conditions of the order and the extent of loss damage cost charges and expenses suffered or incurred or would

be suffered or incurred by the Purchaser on account thereof and we waive in the favour

of the Purchaser all the rights and defences to which we as guarantors may be entitled to

3 We Bank further agree that the amount demanded by the Purchaser as such shall be final and

binding on the Bank as to the Bank s liability to pay and the amount demanded and the Bank undertake to pay the

Purchaser the amount so demanded on first demand and without any demur notwithstanding any dispute raised by the

ContractorSupplier or any suit or other legal proceedings including arbitration pending before any court tribunal or

arbitrator relating thereto our liability under this guarantee being absolute and unconditional

4 We Bank further agree with the Purchaser that the Purchaser shall have the fullest liberty

without our consent and without affecting in any manner our obligations hereunder to vary any of the terms and

conditions of the said orderor to extend time of performance by the Supplier from time to time or to

postpone for any time to time any of the powers exercisable by the Purchaser against the Contractor Supplier and to

forbear to enforce any of the terms and conditions relating to the order and we shall not be relieved from our liability

by reason of any such variation or extension being granted to the Contractor Supplier or for any forbearance act or

omission on the part of the Purchaser or any indulgence by the

Purchaser to the ContractorSupplier or by any such matter or things whatsoever which under the law relating to

sureties would have the effect of relieving us

5 We Bank further undertake not to revoke this guarantee during its currency except with

the previous consent of the Purchaser in writing

6 We Bank also agree that the Bankrsquos liability under this guarantee shall not be affected

by any change in the constitution of the Contractor Supplier or dissolution or winding up of the business of the

contractor supplier

7 Notwithstanding anything contained herein above

i) Our liability under this guarantee shall not exceed Rs

ii) This Bank Guarantee shall be valid upto and including and

GM(M)MTI2000007617Passivation Station

Page 42 of 45

iii) We are liable to pay the guarantee amount or any part thereof under this Bank Guarantee only and only if you

serve upon us a written claim or demand on or before helliphelliphelliphellip(validity + ---weeks from the date of expiry of this

guarantee)

8 This Guarantee shall be governed by Indian laws and the Courts at Mumbai India

shall have the exclusive jurisdiction

IN WITNESS WHEREOF the Bank has executed this document on

this day of

For Bank

(by its constituted attorney)

(Signature of a person authorised

to sign on behalf of the Bank)

GM(M)MTI2000007617Passivation Station

Page 43 of 45

Enclosure-9

PROFORMA BANK GUARANTEE FOR PERFORMANCE (ILLUSTRATIVE FORMAT)

(On Non-Judicial stamp paper of value Rs 500-)

IN CONSIDERATION OF MAZAGON DOCK SHIPBUILDERS LIMTED a company incorporated under the

Companies Act 1956 and having its registered office at Dockyard Road Mumbai 400010 (hereinafter referred to as

the ldquothe Purchaserrdquo which expression shall unless it be repugnant or contrary to the subject or context thereof be

deemed to mean and include its successors and assigns) having placed an order on Messers a

partnership firmsole proprietor businessa company registered under the Companies Act 1956 having its Registered

office at (hereinafter called the Contractor Supplier which expression shall unless it be

repugnant or contrary to the subject or context thereof be deemed to mean and include its successors and assigns)

vide order No dated (hereinafter called the order which expression shall include any

amendmentsalterations to the order issued by the Purchaser) for the supply delivery at site installation and

commissioning of certain equipment itemservicescivil works etc as stated in the said Order and the Purchaser

having agreed that the Contractor Supplier shall furnish a security for the performance of the Contractorrsquos

Suppliers obligations andor discharge of the Contractorrsquos Suppliers liability in connection with the said order and

the Purchaser having agreed with the ContractorSupplier to accept a performance guarantee We

Bank having office at (hereinafter referred to as the

Bank which expression shall includes its successors and assigns) hereby agree to pay to the Purchaser without any

demur on first demand an amount not exceeding Rs (Rupeesonly) being 10 of the order

value against any loss or damage costs charges and expenses caused to or suffered by the Purchaser by reason of

non-performance and non-fulfilment or for any breach on the part of the Contractor Supplier of any of the terms and

conditions of the said order

2 We Bank further agree that the Purchaser shall be sole judge whether the said

ContractorSupplier has failed to perform or fulfil the said order in terms thereof or committed breach of any terms

and conditions of the order and the extent of loss damage cost charges and expenses suffered or incurred or would

be suffered or incurred by the Purchaser on account thereof and we waive in the favour of

the Purchaser all the rights and defences to which we as guarantors may be entitled to

3 We Bank further agree that the amount demanded by the Purchaser as such shall be final and

binding on the Bank as to the Bank s liability to pay and the amount demanded and the Bank undertake to pay the

Purchaser the amount so demanded on first demand and without any demur otwithstanding any dispute raised by the

ContractorSupplier or any suit or other legal proceedings including arbitration pending before any court tribunal or

arbitrator relating thereto our liability under this guarantee being absolute and unconditional

4 We Bank further agree with the Purchaser that the Purchaser shall have the fullest liberty

without our consent and without affecting in any manner our obligations hereunder to vary any of the terms and

conditions of the said orderor to extend time of performance by the Supplier from time to time or to postpone for

any time to time any of the powers exercisable by the Purchaser against the Contractor

Supplier and to forbear to enforce any of the terms and conditions relating to the order and we shall not be relieved

from our liability by reason of any such variation or extension being granted to the Contractor Supplier or for any

forbearance act or omission on the part of the Purchaser or any indulgence by the Purchaser to the

ContractorSupplier or by any such matter or things whatsoever which under the law

relating to sureties would have the effect of relieving us

5 We Bank further undertake not to revoke this guarantee during its currency except with

the previous consent of the Purchaser in writing

6 We Bank also agree that the Bankrsquos liability under this guarantee shall not be affected

by any change in the constitution of the Contractor Supplier or

dissolutionhelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

7 Notwithstanding anything contained herein above

i) Our liability under this guarantee shall not exceed Rs

ii) This Bank Guarantee shall be valid upto and including and

GM(M)MTI2000007617Passivation Station

Page 44 of 45

iii) We are liable to pay the guarantee amount or any part thereof under this Bank Guarantee only and only if you

serve upon us a written claim or demand on or before helliphelliphellip (validity + ---weeks from the date of expiry of this

guarantee)

8 This Guarantee shall be governed by Indian laws and the Courts at Mumbai India shall have the exclusive

jurisdiction

IN WITNESS WHEREOF the Bank has executed this document on

this day of

For Bank

(by its constituted attorney)

(Signature of a person authorised

to sign on behalf of the Bank)

GM(M)MTI2000007617Passivation Station

Page 45 of 45

Enclosure-10

Electronic Payment Mandate Form

(MDL Bank details)

Name of the CompanyFirm Mazagon Dock Shipbuilders Limited

Address with Phone no Dockyard Road Mumbai ndash 400010

E-Mail ID

Phone No +91 22 23745310

Fax No

Particulars of Bank Account

Name of the Bank State Bank of India

Name of the Branch Mazagon Dock Mumbai Branch

Branch Code 9054

Bank IFSC NEFT Code SBIN0009054

Bank Address MBPT Workshop building NV Nakhwa Road Mazagon - 400010

City Name Mumbai

Telephone No of Bank +91 22 23752802

9 digit code no of bank amp branch

appearing on the MICR cheque

issued by your bank

400002120

Type of Account Current Account

Account No 10005255246

Income Tax PAN No AAACM8029J

Page 3: Final Tender - Mazagon Dock Shipbuilders...DIVISION-SHIP BUILDING DEPARTMENT-MATERIAL PROCUREMENT Tender no.: GM(M)/MTI/2000007617 for the Engineering, Manufacturing, Supply/Installation,

GM(M)MTI2000007617Passivation Station

Page 3 of 45

Each pump will have a start-up shut-off panel which will allow the speed regulation of those

pumps in order to adjust the flow depending on the operator needs Those control panels will be

integrated in the general control and automation panel of the station

6 Each electric pump will be isolated from the circuit by means of an isolation valve in the

DN80 aspiration and by means of a DN80 non-return valve in the discharge

7 A 50microm and DN80 solid particle filter will be located after each one of the electric pump

groups Each filter will have a by-pass line of the filter operated by means of a 3 ways 2 position DN80 valve

8 The discharges of each electric pump group will be DN80 in galvanized steel and will end in a standard flange connection located outside the container

9 In each one of the discharge lines pressure sensors and flow meters will be positioned which will provide the signal to the control panel of the station In each feeding line of the storing

tank resistivity meters will be located which will provide the signal to the control panel of the station

10 The station will also include four flexible ducts (hose) for the connection to the four quick

connections (DN80 and 50 m long) The material of flexible ducts will be resistant to seawater

The connections of the flexible ducts will be standard type

11 A general control and automation panel of the station which will have two different running modes rinse and complete treatment In rinse mode once the pumps are started up the panel

will control the station shut-off when the measured resistivity is higher than 2000 Ohmscm In complete treatment mode the system will carry out first a rinse operation and then when it

stops because the system has reached 2000 Ohmscm the system will request the operator to continue with the treatment pouring the contents of the two receiving containers of the

additives in the storing tank and then starting up the main pumps In the case of the sodium

chloride container it will start up the pump in thermoplastic polymers which will stop

automatically when the resistivity reaches a value equivalent to a salinity of the 35 This

way if after 10 minutes the resistivity is not under 1750 Ohmscm the panel will stop the

pumps and will indicate by means of an alarm that the system has no additives and that it is

necessary to refill the containers The panel will again request the operator to continue the

treatment Once the treatment is restarted if it is not stopped due to the reason indicated above

the station will work in non-stop mode during 48 hours After this period it will stop

automatically If the station stopped due to any reason before that period it would be indicated

by means of a visual alarm that the station has finished the treatment before it should The

panel will display the resistivity value measured by the resistivity meters as the flow and

pressure valves measured by the flow meters and the pressure sensors

12 The container will be fitted with the necessary elements for the correct operation of the station (light ventilation etc)

13 The station will allow carrying out the maintenance operations of Cu-Ni (70-30) circuits before the first launching and also after any immobilization period of the submarine in dock

14 The station must be dimensioned for a non-stop running during at least two days in a row 15 The station will work in a closed circuit

16 The station elements must be prepared for working in a marine environment and with the close presence of seawater

17 Fluid to be contained- Salt water equivalent to seawater The design pressure will be 2 bars

18 All the elements of the station will be fixed rigidly to the container by means of a seating

19 The manifolds as the pumps and valves will have connections by means of standard ISO

flange made of the same material than the pipe with butt joint (an elastomer with fiber glass

without asbestos) The joining of different flanges will be done by means of threaded rod and

steel nut 88 8 respectively Galvanized steel tab washers will be used for interlocking of nuts

20 The connections with the external flexible hoses should be done by means of standard

flange connections All the necessary elements for the connection and tightness (screws joints

etc) of the different flexible hoses will be included The quality of the elements will be the

same one that for the rest of flange connections

GM(M)MTI2000007617Passivation Station

Page 4 of 45

21 The flexible hoses should be made of a material compatible with seawater A standard

flange will be fitted in the ends They are designed and manufactured so to withstand their own

weight suspended from both ends They are protected against scratches caused by the hose

contact with the floor metallic edges etc

22 All the elements must fit in a standard container The necessary spaces for maintenance and

disassembly of the elements should be provided along with the necessary spaces for the station

operation 23 The station will be supplied with three-phase alternating current from the shipyard 415 V

network The network connection will be located in the outside of the container by means of a standard plug

24 All elements which need power supply will be provided with 415 V three-phase AC current If the measurement elements must work under a different voltage or under DC the necessary

elements for the correct equipment working (transformers rectifiers etc) will be provided inside the control panel or inside any other electric panel

25 The container will have the necessary elements for the correct ventilation of the inside of the

container Preferably this ventilation will be natural

26 The Safety Equipment must be in accordance with the standard requirements

27 The expected life duration is 35 years with normal maintenance operations 28 The normal maintenance operation will be as simple and will require a minimum additional

space 29 Materials

bull The material of the tank will be glass fiber reinforced plastic (GFRP) made up of type E glass fiber roving fabrics and polyester resin

bull The material of pipes and flanges will be galvanized

bull The materials of the flexible hose will be resistant to seawater resistant to fretting and

resistant to other agents (solar radiation etc)

bull The materials of all valves will be seawater resistant

30 Tests Under Pressure

The tests will be carried out with fresh water

Service pressure = 2 bar

Tightness test pressure = 3 bar

Resistance test pressure = 3 bar

31 Tests under working conditions

A working test of the station will be carried out so that the operative capacities of the station can

be verified The correct working of the electric pumps and in the control and signal panel of the

station will be verified Also the correct working of the automation system will be check as the adequate proportion in the generation of the mixing

General Conditions 1 The power supply available in the yard is 3 phase 415 V 50 Hz and 230 Volts 50 Hertz The

station should work on this power supply 2 All test parameters are to be recorded and submitted as part of documentation

3 Bidder has to submit the detailed technical specifications with the catalogues GA drawings Electrical drawings for control panels and circuit isolation protective panel if any operation

and maintenance manuals trouble shooting defect rectification in quadruplicate

4 All the materials used should have test certificates and conform to their respective

specifications and third party acceptance certificates are to be submitted to MDL

5 Bidder shall submit complete quality plan and get it approved by MDL within a month time

from the date of receipt of order

6 Firm shall supply 3 copies of operating and maintenance instruction manual to MDL and it

should indicate the following

bull Precautions to be taken during operation and maintenance

bull Trouble shooting chart and rectification methods

bull Recommended list of spares part

bull A print of as fitted drawings

GM(M)MTI2000007617Passivation Station

Page 5 of 45

7 Any deviation from the scope of work terms and condition to be listed separately

Spares

The Supplier should provide the following along with the passivation station

1Special maintenance tools emergency spares (mechanical electrical) and a list of the same to

be submitted with the offer

2Supplier to submit quote for 2 Years recommended maintenance spares indicating Part No

Quantity rate along with validity of rates etc along with offer 3 Minimum quantity of chemicals required for passivation (chemical spares) are Sodium

Chloride 250 Kg amp Iron Sulphate 250 Kg 4Spare Pump Qty-1 Nos with a discharge of 40 cubic meterhour and a discharge head of 22m

5Mechanical seal for the pump at SrNo4 Qty-3 Nos

Maintenance The normal maintenance operation should be simple amp require a minimum additional space

Inspection and Certification

1Third Party Inspection (viz IRS ABS DNV EIL) is to be carried out by the Bidder at their

own cost at factory for workmanship The stage of inspection (QA plan) to be submitted with 30 days after placement of order for approval by MDL

2Factory acceptance trial shall be witness by representative of MDL at supplier premises along with the third party inspection agency for which supplier has to send the prior information of at

least 20 days in advance The charges for MDL personnel will be borne by MDL 3In Factory Acceptance Trail (FAT) several test trail should be performed to verify the

capability of the equipment to meet the required quality of passivation on pipeline circuit The

supplier should submit the FAT procedure to MDL within 30 days after placement of order for

approval

4Receipt inspection shall be carried out on receipt of the equipment at MDL by MDL (QA-

EY) representative

Installation and Commissioning

1Supplier shall be responsible for setting to work and commissioning of the station at East

yard MDL The Supplier is solely responsible if commissioning period extends due to any

reason not attributed to MDL

2Supplier shall arrange all manpower tools and any other items required for commissioning of

the station

3Bidder to give the details of space required for installing the station power supply and any

other requirements to be provided by MDL for working of this system within one month from

the date of placement of order MDL will provide Electric supply compressed air and water free

of cost All charges of installation commissioning service Engineer to be borne by the Bidder

4Spares consumed while setting the passivation station to work commissioning shall be

replaced by the bidder one to one basis free of cost 5Foreign Bidders shall give details of their nominated servicing firm in India to carry out the

installation of the machine and after sales services

Training

Bidder has to impart complete training on operation amp maintenance of the station to Operatives

amp maintenance personnel after successful commissioning

Warranty 1Supplier shall warranty the performance of the station for a period of 12 months after

commissioning or 24 months after receipt of station at MDL whichever is earlier During this period defects if any shall be attended free of cost within 10 working days on being notified

GM(M)MTI2000007617Passivation Station

Page 6 of 45

2The Supplier shall supply the spares of equipment as and when projected for period of ten

years after acceptance of the machine

3Electrical and electronic components shall be so chosen from ranges for which after- sales

support and spares suppliers are guaranteed for a period of 10 years after acceptance of the

machine

Delivery Within 4 months from the date of placement of order Final acceptance of machine on site after

Verification that the machine is complete and conforms to the present specification and all checks are in conformity

30 Prequalification Criteria

31 Pre-Qualification CriteriaDocuments-

311 Bidders Company Profile and Organization Chart

312 Bidders supporting documents for type of company such as -

a Shop amp Establishment registration certificate

b Certification from registrar of firms

c Certificate of Incorporation by registrar of company

313 List of equipment held by them with model year working status along with details of their

manufacturing facilities and personnel with designation qualification and experience to

determine their capabilities NSIC SSI registered bidders are requested to submit the valid

registration certificate indicating the capacity alternatively

314 Audited Certified Balance sheet Profit Loss account for past 3 years(2016-17 2017-18 amp

2018-19)

315 The bidder should have a minimum average turnover of at least for Rs 5379000- during the

last 3 years and shall submit last three years ie 2015-16 2016-17 amp 2017-18 audited balance

sheet amp Profit amp loss account statement Documents should be in English language

316 The bidder should have executed orders of similar supplies of value of at least for

Rs 8965000- during the last 03 years from tender closing date and shall submit Purchase

order copies along with work completion certificate Documents should be in English language

Similar supplies defined as ldquoSupply installation and commissioning of PASSIVATION

STATIONrdquo

317 Declaration by bidders that the firm is GST registered Non GST registered registered under

composition scheme

318 Only bids from OEM will be consider against this tender

GM(M)MTI2000007617Passivation Station

Page 7 of 45

NOTE - (1) Submission of documents mentioned above is mandatory for every bidder Bidders need

to submit supporting documentary evidence in support of the Pre-Qualification Criteria Viz

Work Order Work Completion Certificate issued by the party for whom the work is done

(2) Bidders registered with Mazagon Dock Shipbuilders Limited should furnish copy of valid

registration certificate

(3) MDL has a right to demand for hard copy of any of the above documents any other document amp verify cause verification of authenticity of the said documents or may carry out

site visit whenever felt necessary Bidders shall comply with the same If the document

verification is not found satisfactory to MDL and on verification if the document is not found

authentic to MDL offer is liable for rejection MDLrsquos decision in this regard will be final and

binding on the bidder without stating any reason whatsoever it may be

4 Validity Period Bids Offers shall have a validity period of 120 days from the tender closing date A

bid valid for a shorter period will be liable for rejection by MDL as non-responsive Technically accepted bidder will be given opportunity to accept validity as per tender in case of short validity In case

of non-acceptance of validity as per tender term thereafter the firm offer will be rejected as non-

responsive

5 On-line submission of bids in Two-Bid System Offer must be submitted in two parts through E-

tendering system Bidders are requested to log on to httpseprocuremdlnicin for submission of bids

against above tender Bids must be submitted in Two parts ie Part-I (Techno-Commercial bid) and Part-

II (Price Bid) as appearing on-line

51 Part I Bid (Techno-Commercial bid)

511 Detailed Technical offer for technical scrutiny along with point-wise acceptance or

offered specifications against required specification Technical details catalogues

drawings data sheets calculations as applicable to be enclosedattached in

attachment provision given online

512 Bidders to carefully fill all listed online forms providing their

commentsAcceptancedeviations if any in the space provided online against

respective clauses of Technical specifications Tender terms amp conditions (TEF) GT

ampC and STACS etc

Un-priced format stating Quoted or Not Quoted whichever is applicable must be

selected from dropdown list in un-price bid form and applicable taxes must be

mentioned in respective tax column

513 Indigenous bidders to quote in INR amp Foreign bidders to quote in respective foreign

currency

514 Pre-qualification documents as listed at Para 3 above

515 Deviation Sheet if any shall be uploaded on-line for TEF STACS and GTampC

516 Enterprises status (If any) to be indicated in Part-I Micro Medium Small

515 The scanned image of receipt of NEFTRTGSBid bondSwift message towards

Earnest Money Deposit or Documents towards which EMD exemption is being

claimed as stipulated in TEF clause no 6 shall be uploaded at Part-I tender stage

The original of the NEFTRTGSBGBid bond swift message shall be forwarded to

GM (M) in sealed envelope superscribing Tender Enquiry No and Due date so as to

reach within 7 MDL working Days from the tender closing date addressed

To

GM (M)

II FLOOR MOGUL HOUSE

SOUTH YARD

MAZAGON DOCK SHIPBUILDERS LTD

GM(M)MTI2000007617Passivation Station

Page 8 of 45

DOCKYARD ROAD

MUMBAI- 400010

EMD payment can also be submitted as Bank Guarantee(BG)

52 Part-II (Price Bid)

521 Indigenous bidders to quote in INR on door delivery basis amp overseas bidders to

quote in foreign currency on CIF basis Indigenous bidders quoting in currency other

than INR will be liable for rejection

522 Bidder to fill their prices online strictly in the online price bid form only Prices amp

other charges (as listed in form) to be enteredfilled in the applicable

headcellcolumns only as prices in wrong headcellcolumn which are not applicable

to you (bidder) will finally affect your (bidders) total landed cost amp accordingly

ranking Wherever any charges from the listed charges are not applicable to bidder

then lsquozerorsquo to be entered in that respective headcellcolumn

Refer Illustrative format and guidelinerdquo at Annexure-2A for quoting prices in

online price bid form

523 In case of any discrepancy in the Blank Rate Schedule Format and actual On-line

Price Bid after opening of the Price Bids the details (GST and any charges)

mentioned in the On-line Price bid shall prevail over the details in blank rate schedule

format However the negotiated commercial terms before price bid opening will be

considered for ranking and evaluation as per Para15

53 Bidders in their own interest are requested to upload their bids well in advance of tender closing

date to avoid the last minute difficulties in uploading the bids

54 Problems in hardwaresoftware Internet connectivity system configurations Browser setting etc

for whatsoever reason shall not be considered for extension of tender closing date and time

55 Bidders quoting on behalf of overseas principals should quote in INR (Indian Rupees) on FOR

Door delivery basis with their principalrsquos authorization letter Overseas bidders to quote directly

in foreign currency on CIF basis amp also quote FOB amp installationCommissioning charges

additionally Currency to be quoted by foreign bidder in USDEURO

56 No Exemptions towards Custom duty is applicable amp hence no exemptions certificates will be

issued

GM(M)MTI2000007617Passivation Station

Page 9 of 45

6 Earnest Money Deposit (EMD) BID BOND

61 Bidders shall have to make payment towards EMD amounting to Rs 358600- (Rupees Three Lakhs Fifty Thousand Six Hundred only) directly from MDL payment Gateway the path

of which is provided at Enclosure-11 It is mandatory for bidders to make EMD payment through

MDL payment portal or NEFT RTGS

EMD payment in the form of BG is also accepted (Please refer Enclosure- 7 for EMD BG format)

Bidders have to enter Vendor Name Nature of Payment and Tender No in Text Narration

Field while making NEFT RTGS payment to Mazagon Dock Shipbuilders Limited Bank

Account No 10005255246 and a scanned copy of payment made to our Account should be

uploaded in Techno-commercial bid (Part-I) towards proof for submission of EMD against this

tender

a) Bidderrsquos offer will be categorically rejected if EMD payment will be made after tender due date and time to Mazagon Dock Shipbuilders Limited Account However bank

guarantee drawn in favor of MAZAGON DOCK SHIPBUILDERS LIMITED Mumbai from

the list of Banks approved by SBI Canara Bank published on MDL Website or bid bond swift

message of equivalent foreign currency for foreign bidders shall be forwarded GM (M) in

sealed envelope super-scribing Tender Enquiry No and Due date so as to reach us within 7

MDL working days from the tender closing date The scanned image of NEFTRTGS BG Bid

bondswift message shall be uploaded at Part-I tender stage The bid bond Bank Guarantee

should be valid for 120 days+4 weeks from the tender closing date Similarly authorized Indian

agent can submit BG from bank as per list of banks approved by SBI Canara bank as bank of

international repute published on MDL website on behalf foreign bank Bidders to advise their

bankbanker to send EMDBG directly to commercial department or through SWIFT to dispense

with additional step of verification of authenticity of signatories In case of EMD transmitted

through SWIFT it shall be the responsibility of the bidder that he directs the receiving banker

to forward the message duly authenticated to the concerned commercial officer mentioned in

the tender Bids without EMD other than those who are exempt from payment of EMD will not

be considered EMD of unsuccessful bidders will be returned after finalization of the tender and

shall be interest free Bids without EMD will not be considered

b) EMD of unsuccessful bidders will be returned after finalization of the tender and shall be interest free

MDL bank details for Direct Electronic transfer is as under

BENEFICIARYrsquoS

NAME MAZAGON DOCK SHIPBUILDERS LIMITED

NAME OF BANK STATE BANK OF INDIA

BRANCH amp ADDRESS MAZAGAON BRANCH MAZAGAON MUMBAI 400010

BR CODE 9054

ACCOUNT NO 10005255246 ACCOUNT TYPE CURRENT

ACCOUNT

IFSC CODE SBIN0009054 RTGS CODE SBIN0009054

NEFT CODE SBIN0009054 MICRNECS

CODE 400002120

INCOME TAX PAN

NO AAACM8029J GST ID 27AAACM8029J1ZA

62 EXEMPTION FROM SUBMISSION OF EMDBID BOND Following bidders shall be exempt from submission of EMDBid Bond

62 Following bidders shall be exempt from submission of EMDBid Bond

621 State amp Central Government of India departments Public Sector Undertakings

622 Firms registered with Mazagon Dock Shipbuilders Limited (MDL) for the items for

GM(M)MTI2000007617Passivation Station

Page 10 of 45

which the offer is being submitted (To qualify for EMD exemption firms should

necessarily submit VALID copy of the registration certificate issued by MDL in Part-

I offerbid Firms in the process of obtaining MDL registration will not be considered

for EMD exemption)

623 Firms registered with NSIC under its ldquoSingle Point Registration Schemerdquo

(Exemption will apply only to items service indicated under description of work

supplies services amp value up to which bidders are registered with NSIC) To qualify

for EMD exemption firms should necessarily submit VALID copy of the registration

certificate issued by NSIC in Part-I offer bid Firms in the process of obtaining

NSIC registration will not be considered for EMD exemption

624 Firms registered as Micro and Small Enterprises (MSEs) To qualify for EMD

exemption firms should necessarily upload VALID copy of the registration

certificate from the competent authority regarding their Micro Small Industry status

in Part-I offerbid

625 Commondeemed DPSU registered vendors qualify for EMD exemption Such firms

shall submit valid copy of the registration certificate issued by DPSUs (other than

MDL) for the itemsservices for which the offer is being submitted on Part-I

offerbid Firms in the process of obtaining registration in other DPSUs will not be

considered for EMD exemption

626 Green channel status vendors qualify for EMD exemption Such firms shall submit

valid copy of the green channel certificate issued by MoD for the items for which the

offer is being submitted in Part-I offerbid Firms in process of obtaining this

certificate will not be considered for EMD exemption

7 Bid Rejection Criteria

71 Following bids shall be categorically rejected

711 Bids received after tender closing date and time

712 Bids received without EMD (other than those who are exempted from payment of

EMD) as specified in the tender

713 Bidders not agreeing to provide assistance for installation Testing Commissioning amp other such Technical activities of equipment supplied by them

714 Bids received in any form other than through e-Portal

715 If the date of issue of EMD (DDBGSWIFT message) is later than the tender closing

date

72 Following bid rejection criteria may render the bids liable for Rejection

721 Bidderrsquos failure to furnish sufficient or complete details for evaluation of the bids

within the given period ranging in between 2 to 3 weeks depending on deficiencies

noticed in the drawing technical data which shall not however conflicts with validity

period

722 Incomplete misleading ambiguous bids in the considered opinion of TNC

723 Bids with technical requirements and or terms not acceptable to MDL Customers

External agency nominated as applicable

724 Bids without uploading pre-qualification documents where required as per the tender

GM(M)MTI2000007617Passivation Station

Page 11 of 45

725 Bids not meeting the pre-qualification parameters stipulated in the tender enquiry

726 Bidders not agreeing to supply spares post sale product support post work

completion support

727 High seas sales sales in transit

728 Unreasonably longer delivery period quoted by the firm

729 Validity period indicated by bidders is shorter than that specified in the tender

enquiry

7210 Bidders not agreeing to furnish required Security Deposit Required Contract

Performance Guarantee till completion of the supplies services as per contract

7211 Bidders not agreeing to furnish Performance Bank Guarantees for equipment

supplied services rendered or not agreeing for retention of equivalent amount by

MDL up to the period till completion of contractual and guarantee warranty

obligations

7212 Bidder not agreeing to quote as a single point responsibility for whole scope of work

(ie right from design supply of systemequipment till commissioning STW amp

training at MDL site)

7213 Bidders not agreeing warrantyguarantee Clause of tender (clause no 10)

8 Pricing Prices to be quoted on firm and fixed basis during the currency of the order contract

81 For Indigenous Bidders Indigenous Bidder shall quote the prices online of all items services listed in

the online price sheet format of the tender enquiry for delivery of the items in MDL store completion of

the work at MDL site The prices quoted shall remain firm and fixed during the currency of the order

contract unless agreed otherwise by MDL and should be inclusive of all cost towards Packing amp

forwardinginsurancefreight deliveryTransportation and transit insurance

82 For Foreign Bidders Bidder shall quote the prices online on the CIF Mumbai Port of destination

(India) basis only Prices on the basis of FOB factory or ex-works are not acceptable However FOB

cost shall also be quoted The prices quoted shall remain firm and fixed during the currency of the order

contract unless agreed otherwise by MDL To arrive at custom charge the foreign bidder(s) must submit

details viz (i) port of dispatch (ii) containerized dispatch (iii) Number of container (iv) Gross weight

9 Terms of Payment - MDL does not pay any advance Payment for Indigenous amp Overseas bidders

91 For Indigenous Bidders

911 Supply Installation commissioning amp training - Payment for the value of supply and services as reduced by any deductibles andor the amount

leviable towards liquidated damages if any may be payable through NEFTRTGSECS between 15-

20 days of completion of complete scope of work (ie after Supply Installation trials

commissioning and training) and against submission of documents in Triplicate including Delivery

challan(s) receipt inspection amp acceptance report warranty Guarantee certificate Test reports

Certificates if applicable Packing Lists Invoice Storage Preservation Maintenance Procedures

amp other Technical documentation in requisite sets as relevant and work completion certificate duly

certified by an officer from the user department in the rank of CM or above and submission amp

subsequent confirmation of performance bank guarantee for 10 of the total order value excluding

taxes

GM(M)MTI2000007617Passivation Station

Page 12 of 45

912 TReDS

Alternate MSME vendor payment through TReDS

ldquoIn order to address the financial needs of MSME firms GoI has introduced a platform for

facilitating the financing of trade receivables of MSMEs from buyers through multiple

financiers which is termed as Trade Receivables Discounting System (TReDS) At TReDS

auctioning of invoices at competitive amp transparent environment is done by financers based on

Buyerrsquos credit profile

MDL is registered on the Invoicemart TReDS platform and M1xchange of Ms Mynd

Solutions Pvt Ltd

MSME bidders desirous to receive payments through TReDS platform may avail the facility if

they are already registered on

1Invoicemart TReDS platform or by registering on it

Contact details at Invoicemart TReDS platform are as below

022 6235 7373 and a new mail id serviceinvoicemartcom

2 M1xchange

TReDS platform

or by registering on it

Contact details at M1xchange TReDS platform are as below

+91 9920455374 MsAshwathi Jayandran email id ashwathijayandranm1xchangecom

+91 8839915724 Ms Prinyaka Shah email id prinyakashahm1xchangecom

MSE bidders upon successful delivery shall submit their invoices along with the mandated

enclosures at MDL Central Receipt Section MSE vendors desirous to receive payments through Invoicemart TReDS platform or M1xchange TReDS platform shall submit their TReDS

details along with the invoice at MDL Central Receipt Section Upon receipt and acceptance of the

supplied material and receipt of invoices with the mandated enclosures MDL shall process the

invoice for payment on Invoicemart M1xchange TReDS platform Any unfinanced invoices

invoices of MSE bidders seeking payment from MDL directly shall be processed as per the Standard

payment terms agreed in PO contractrdquo

92 For OverseasForeign Bidders

(A)

Payment through LC - Payment against irrevocable letter of credit (LC)

established through our bankers as per format at illustrative Annexure 6 For opening

LC Supplier should essentially furnish their clear amp timely acceptance of the order

For opening LC all charges outside India shall be borne by the beneficiary

(Supplier) Additional loading of prices (A) towards charges incurred in LC opening

by MDL and (B) Interest for period of 20 days base rate of SBI+2 on payment

amount is to be considered while evaluating foreign bidders for ranking purpose In

case supplier seeks LC amendment for no fault of MDL or requires confirmation of

LC then all charges towards LC amendment or confirmation of LC respectively

shall be borne by the Supplier LC will allow Payment on timely presentation of

following documents through bank Opening of LC shall be before one month of

the schedule for dispatch or before such period as may be discussed and mutually

agreed to in the PNC (Price Negotiations) The time limit for opening of LC and or

amendment for LC shall be 7 days or within such no of days as may be stipulated in

purchase orderContract Delay in opening of LC can lead to corresponding delay in

delivery and hence no LD is applicable on such delayed portion

LC will be opened accordingly after receipt of intimation about readiness of

Material items equipments LC shall be valid for 89 days Firm to sendsubmit

documents as listed in Para 921 to 9212 below in originals for custom clearance of

material to MDL directly after shipment

GM(M)MTI2000007617Passivation Station

Page 13 of 45

For Items-

921 Set of Original + 2 Copies of signed Invoice showing item wise prices as per the order

922

Set of Original + 2 Copies of signed Packing List clearly showing list of items

packed Specifying unit as per Indian Custom Tariff

923

Set of Original + 2 Copies Clean on Board Bill of Lading OR Air Way Bill made in

the name of MDLrsquos Bank and Marked as freight paid

924

Set of Original + 2 Copies of Certificate of approval OR Release Note from MDL

nominated Inspection agency or Work completion performance certificate or

Dispatch clearance from MDL

925 Certificate of country of origin in Original + 2 Copies by chamber of commerce

926 Original + 2 Copies of Warranty Certificate in prescribed format

927

Original + 2 Copies of all Manufacturerrsquos Test Certificates (MTCs) Reports

Drawings Manuals Procedures etc as relevant to the ordered item

928

Original + 2 Copies of Performance Bank guaranteeequivalent BG wherever

applicable

929

Certificate Confirming that supplier has couriered dispatched 03 sets of Non

Negotiable Documents comprising of all Test reports MTCs Technical

Documents Drawings Manuals Procedures etc and of Signed Invoices Packing

Lists Bill of LadingAWB MDL nominated Inspection Agencyrsquos Certificate of

approval Country of Origin Certificate Warranty Certificate Performance Bank

Guarantee directly to MDL

9210

Original + 2 Copies of the Certificate issued by the classified society confirming

seaworthiness of the vessel and that the shipment is made on vessels of not more

than 15 years vintage (Applicable in case of CIF contracts orders agreed by MDL)

9211

Certificate issued by MDL confirming that the delivery is made in time and no

penalty is applicable OR in case of delays admissible amount of penalty will be specified by MDL in this certificate for reduction of equal amount from supplierrsquos

invoice (MDL will issue this certificate generally by e-mail or FAX immediately on

receipt of signed copy of invoice packing list approval certificate of the nominated

inspection agency date of the proposed shipment amp copies of BL or AWB or any

other acceptable documents confirming supplierrsquos readiness dispatch)

9212

Certificate confirming that the shipping instructions (inclusive of packing) have

been followed while packing shipment and forwarding of details for insurance to

MDL

Important Notes for Foreign Bidders 1 All the documents should clearly indicate the Purchasers Order number Import

License Number Airway Bill Bill of Lading Number

2 Foreign Bidders must submit the Letter of Credit format duly filled as per Annexure- 6

of the tender

3 To arrive at the custom charges the foreign bidders must submit the following details

along with the Part ndashI Bid -

(a) Port of dispatch to be clearly specified

(b) Containerized dispatch Break bulk

(c) No of required containers with their size amp type (20Feet40 FeetOpenClosed)

(d) Gross weight

(e) Any other specific handling Instructionsconditions of consignment

GM(M)MTI2000007617Passivation Station

Page 14 of 45

10 GuaranteeWarranty Supplier shall warranty the performance of the Passivation station for a

period of 12 months after commissioning or 24 months after receipt of station at MDL

whichever is earlier

During this period all defects arising out of defective material and faulty workmanship will be

rectified by repairing or replacing part or whole material as necessary free of charge on door

delivery basis Any consequential damagedefect or loss of items due to poor

workmanshippoor material qualitynegligence etc attribute to the bidder to be rectifiedreplaced by the bidder free of cost All the necessary spares tools Service engineers

amp Mechanics required for repairs to be arrange by vendor at no extra cost and machine to be

put into operation at the earliest

11 Performance Bank Guarantee (PBG) The Successful bidders will have to submit PBG in the prescribed format from the list of

Banks approved by SBI Canara Bank published on MDL Website for 10 of the Order value

excluding taxes etc valid for 13 months (validity 12 months + 1 month claim period) from the date of supply or offer your consent to MDL for retention of 10 of order value towards

PBG Bidders may advise their bankbanker to send BG directly to commercial department or

through SWIFT to dispense with additional step of verification of authenticity of signatories

In case of BG transmitted through SWIFT it shall be the responsibility of the bidder that he

directs the receiving banker to forward the message duly authenticated to the concerned

commercial officer mentioned in the tender

12 Bidder shall abide by all Standard Terms and Conditions of Supply (STACS) GTampC and

accordingly contract will be governed as per uploaded form at Stage Name Part ndashI (Techno-

Commercial Bid) Deviation if any shall be clearly indicated In case of discrepancy clauses

mentioned in Tender Technical Scope and Rate sheet will override the clauses mentioned in

other annexure including STACS amp GTampC In event we do not receive acceptance forms

dully filled for TEF STACS and GTampC it shall be presumed that all our terms and

conditions of tender are acceptable to you

13 Taxes amp Duties - The item-wise rates quoted in the Rate Sheet should exclude GST and

duties

131 For Indigenous bidders The rate sheet to be enclosed with the tender will indicate

the rates under each tax head viz GST

a Only those bidders who indicate the taxes amp duties separately as above all

shall be entitled for consideration of change in corresponding rates in case

of variation in statutory levies

b Supplierbidder will not be entitled to any increase in rate of taxes

occurring during the period of extended delivery schedule if there is delay

in supply completion attributed to him however if there is a decrease in

taxes the same must be passed on to MDL

c Wherever all-inclusive prices are quoted by the bidders without bifurcation

of tax elements no escalation can be considered in respect of any variation

in statutory levies arising subsequently because of the absence of the

required base figures in the purchase order contract

132 GST as per GST Laws shall be payable extra as quoted and agreed

133 In case of Purchase of goodsservices from unregistered dealers under GST laws

GST will be paid by MDL under reverse charge mechanism

134 Benefits from reduction in rate of taxITC are required to be passed on to

consumer Where ldquoapplicable GSTrdquo has been quoted as extra Goods and service

providers (except un-registered dealers under GST Law) have to submit

declaration that they have complied with lsquoAnti ndashprofiteering clausersquo under GST

Law Such declaration be given in technical bid

GM(M)MTI2000007617Passivation Station

Page 15 of 45

135 Where the quoted price is claimed to be inclusive of taxes (by other than

composite vendor) MDL consider it as net price on which GST is payable In

such cases the GST may be paid by MDL directly to GSTN under reverse

charge mechanism or otherwise for which no input tax credit will be available to

vendor and vendor is deemed to have confirmed that he will not claim ITC for

such items

136 If the vendor is registered under GST vendor shall mention the HSN code for

goodsampor services in their tax invoice etc These codes must be in accordance

with GST Laws and responsibility of specifying correct HSN code for goodsampor

services is that of the vendor MDL shall not be responsible for any error in HSN

code for goodsampor services specified by suppliercontractor Suppliercontractor

shall pay penalty andor interest imposed on MDL or any loss due to delay in

availing ITC by MDL or any loss of ITC to MDL due to error by vendors at any

stage MDL reserve right to recover any such interest penalty or loss from any amount due to supplier contractor or vendor shall reimburse make good such

loss within 15days after intimation by MDL or otherwise

137 In case MDL is unable to avail ITC suppliercontractor at their own cost shall

rectify the shortcoming in the returns to be filed immediately thereafter Further

if the ITC is delayed denied to MDLreversed subsequently as per GST Laws due

to nondelayed receipt of goods andor services andor tax invoice or expiry of

timelines prescribed in GST Laws for availing ITC non-payment of taxes or non-

filling of returns or any other reasons not attributable to MDL supplier

contractor shall pay any loss of amount along with interest and penalty on MDL

under GST Laws for the number of days the ITC was delayed If the shortcoming

is not rectified by suppliercontractor and MDL ends up in reversal of credits

andor payments suppliercontractor is fully liable for making good all the loss

incurred by MDL MDL reserve right to recover any interest penalty or loss from

any amount due to suppliercontractor or otherwise

138 If the vendor is registered under GST the GST registration number (15 digit

GSTIN) issued by GOI shall be mandatorily provided by the vendor Vendor

having multiple business verticals within state at multiple states with separate

GST registration numbers shall forward GSTIN of only that vertical which is

involved in supply of goods andor services MDL GSTIN is

27AAACM8029J1ZA and vendor shall mention the same while invoicing and

avoid any data entry error on GST portal

139 If the vendor is registered under GST vendor shall ensure timely submission of

invoice as per the provisionsrequirementstimeline promulgated by GOI in

relation to GST Laws with all required supporting documents to enable MDL to

avail input tax credit promptly The vendors invoice inter alia should contain

GSTIN of vendor GSTIN of MDL (ie 27AAACM8029J1ZA) GST tax rate

separately HSN code wise goods or services Place of supply signature of vendor

etc Original invoice needs to be submitted to Bill Receipt Centre at MDL gate

and a copy of the invoice should be given to the GRS Stores

1310 If the vendor is registered under GST vendor shall file all applicable returns

under GST Laws in the stipulated time and any losses of tax credit to MDL

arising due to delay in filling will be recovered from their invoice wherever MDL

is eligible to avail tax credit Any default towards payment of tax andor

uploading of monthly returns by supplier contractors MDL retains right to

withhold payments towards tax portion until the same is corrected and complied

by the suppliercontractor with the requirement of GST along with satisfactory

evidence

GM(M)MTI2000007617Passivation Station

Page 16 of 45

1311 The rate sheet enclosed with the tender will indicate the rates to be entered under

each head wherever applicable Bidder must clearly mention the applicable taxes

amp duties The item-wise rates (ie Basic + PampF + FampI) quoted in the rate sheet

should exclude taxes amp duties Bidder should indicate GST rates as applicable

separately under each of the head in the same rate sheet which will be paid extra

based on tax invoice to the extent applicable The GST will be applicable on total

basic rate of each item (ie Basic +PampF +FampI)

1312 If the vendor changes his registration status from composition dealer to normal

registered dealer under GST Law the vendor has to inform MDL immediately

Further his contract price under GST needs to be negotiated since as a normal

dealer he will have benefit of ITC which he should pass on to MDL

1313 Bid Evaluation Clause - I) As per GST Law ITC is not available

a) For goods and services which are not in furtherance of business

b) In some cases for eg rent a car life insurance work contract services for

immovable property as mentioned under section 17 of GST Act 2017 In such cases

evaluation of bid is inclusive of GST quote by bidder

II) In all other cases ie goods and services not covered under sr no I above

evaluation of bid is exclusive of GST quoted by bidder

III) Further in the case of composition dealer since composition dealer is not

allowed to charge GST in such case evaluation of bid will be on the price quoted by

bidder

1314 For Overseas Bidder All taxes applicable outside India shall be borne by overseas

bidder

a In case of foreign bidders all taxes duties statutory levies and charges which

are to be paid for the delivery of goods amp services shall be paid by the parties

under the present contract in their respective countries MDL shall bear and pay

all taxes duties and statutory levies in India in connection with the execution

andor performance of this contract wrt deliverables delivered and service

rendered as per contract excluding income tax applicable on service charges

b Foreign bidder shall submit tax residency certificate (TRC) in Part ndashI offer In

case of remittances to foreign companies for services as per income tax act and

DTAA provisions TDS shall be carried out from the amount payable towards

services As per the extant applicability and existing rates following cases

pertaining to TDS are presented for clarity

i Case 1 (TRC is made available by foreign bidders) Tax deduction at

source (TDS) 15 of total service payment is applicable If this is

not agreed to by the bidder in the bid or during TNCCNC then this

shall be appropriately loaded as per applicable rates on the price for the

purpose of ranking However bidders to note that TDS rates DTAA

rates differ from country to country It varies from10 to 25

ii Case 2 (TRC is not made available by foreign bidders) Tax deduction

at source (TDS) at the rates as mentioned in the table below is

applicable If this is not agreed to by the bidder in the bid or during

TNCCNC then this shall be appropriately loaded as per applicable

rates on the price for the purpose of ranking These rates shall be as

under

GM(M)MTI2000007617Passivation Station

Page 17 of 45

Service Payment slabs (converted in

INR)

Rate of TDS applicable on total

service payment

Up to value of INR 1 Cr 2575

Above 1 Cr Up to 10 Cr 2626

Above INR 10Cr 270375

14 Loading Criteria Deviations sought by the bidder in respect of Custom Duty exemption

Freight Insurance Payment terms shall be loaded on the bidders quoted prices during price

evaluation by MDL Among the equal bids bidders with ISO 9000 series accreditation over

Non-ISO bidders firstly Manufacturers then their authorized dealers will be given preference

The loading criteria that will be adopted are detailed below amp also as per Enclosure-5

141 It is desirable that the bidder accepts the Payment Terms indicated in clause 9

above Varied payment terms quoted by bidders as compared to the terms stated

in the Tender document shall be normalized by applying SBI Prime Lending

Rate (prevailing at the time of opening of Price bid) plus 2 pa rate of interest

for the period at variation (For Indigenous bidder) amp for overseas bidder the bids

will be normalized at LIBOREURIBOR rate plus 2 for ranking of the bids

142 In case of Foreign supplier the basic cost (CIF) shall be the basis for comparison

of quoted price Custom Duty Custom clearance Port handling transport

charges to the yard will be added to CIF cost to arrive at door delivery cost

143 Delivery of the goods at MDL premises should be the responsibility of the

vendor However for unavoidable reasons if bids are exclusive of transport

andor insurance the same will be loaded at the cost to be incurred by MDL

144 For the additional delivery period sought by the bidder over the stipulated date of

delivery as per Tender 050 per completed week will be loaded to the quoted

price

145 Deviations sought in respect of Liquidated Damages (LD) Deviations sought in

respect of rate per week and or maximum ceiling in respect of liquidated

damages shall be loaded to the quoted price For eg The maximum ceiling

towards liquidated damages stipulated in the tender is 5 and the bidder seeks to

limit it to say 35 then the price quoted will be loaded by 15 If the rate of

LD per week is 05 per week or part thereof as per tender and the bidder seeks

it as say 04 per week or part thereof the maximum ceiling on L D as per

tender will first be equated to weeks (10 weeks in this case) and the rate proposed

by the bidder ie 04 will be multiplied by the so equated maximum Period

(which works out to 4) and the quoted price will be loaded accordingly by 1

Delivery being the essence of the contract it is desirable if the bidders adhere to

the stipulated clause

146 Deviations in respect of the period of Warranty shall be loaded to the quoted price

025 per month or part thereof This does not arise if the bidder quotes

additional price for the differential period

147 The ranking of price bids shall be done overall L1 basis excluding GST (ie total

of basic price exclusive of GST quoted by bidder) In these cases the variation in

statutory levies etc are not allowed unless the breakup in respect of taxes duties

GM(M)MTI2000007617Passivation Station

Page 18 of 45

are clearly and separately furnished in bid

148 For opening LC all charges outside India shall be borne by the Beneficiary

(supplier) Additional loading of prices (A) Towards charges incurred in LC opening

by MDL and (B) Interest for period of 20 days base rate of SBI+2 on payment

amount is to be considered while evaluating foreign bidders for ranking purpose

15 Ranking of Bids amp Determination of L-1 Bidders Ranking of price bids shall be done on overall L1 basis with exclusive of GST

If any variations in statutory levies the break up in respect of any charges is clearly

and separately furnished in the bid and the MDL is satisfied that the rates of taxes

indicated therein are in line with the tax law so that escalation due to variation in the

taxes can be justifiably considered to the extent legitimately allowable on the base

amount(s) indicated in the bid Therefore bidder is requested to show the break up

regarding taxes as applicable in the bid

Note 1 In case of overseas supplier the ldquoCIF cost+ Inspectiontesting charges+ Installation

Commissioning charges+ custom duty+ IGST (if ITC is not available) + Custom

Clearance +port handling +transportation charges to the yard if any + LC opening

charges + interest for period of 20 days base rate of SBI +2 on payment amount

ldquoshall be the basis for comparison of quoted price Custom duty IGST Custom clearance Port handling transport charges to the yard will be added to CIF cost to

arrive at door delivery cost

2 If Service Component exists in an offer from a foreign vendor then Tax Residency

certificate (TRC) should be submitted with Part I offer If no TRC is submitted then

the enhanced Income Tax rate and Service Tax thereon will be considered while

determining L-1

3 Techno-Commercially Qualified overall lowest bidder exclusive of GST will be

considered for the placement of order 4 On-line Ranking visible to the bidders after opening part II price bid is without

loading parameters However the L1 bidder will be evaluated offline after

consideration of all applicable loading parameters as mentioned in the tender

document and commercial terms

5 In case of any discrepancy in the Blank Rate Schedule Format and actual Online

Price Bid after opening of the Price Bids the details (GST) mentioned in the On-line

Price bids shall prevail over the details in blank rate schedule format

6 ldquoBasic costrdquo is defined as ldquoDoor delivery cost (excluding GST)rdquo which includes

packing amp forwarding Delivery insurance registration charges and any cost involved

as per scope of work towards material and services basic cost of Installation

commissioning and inspection amp testing

7 ITC can be availed by MDL for the items as notified under GST ACT 2017 ITC

can be availed by MDL for registered bidder and for unregistered bidder under

reverse charge mechanism Since no ITC can be availed in case of bidders registered

under composition scheme their quoted cost will be considered for ranking

comparison purpose

16 Consignee The Successful bidders shall arrange dispatch of goods by appropriate Rail Road

Sea Air transport mode as per the order to lsquoEAST YARD STORESrsquo and further to user dept

on working days (Monday to Friday) between 800 hrs to 1500 hrs (Lunch Time 1130 to 1200

hrs) In case trucktempo reaches our yard beyond above time the same may be retained over

night at your risk amp cost

An advance copy of invoices along with other relevant documents shall be forwarded to the

purchaser sufficiently in advance to enable clearance of cargo within allowed demurrage free

days to avoid demurrage In case of door delivery orders the supplier shall categorically direct

the transporter to deliver the ordered items without insisting for consignee copy of the Lorry

Receipt

GM(M)MTI2000007617Passivation Station

Page 19 of 45

17 Modifications to the Bids Bidder desirous of submitting modified bid prior to the closing

date and time may do so online not later than deadline of submission of bids Please note that

modified bid shall be submitted through e-procurement system only Bidder can change the

submitted bid any number of times till the closing time and the last changed bid will be

considered for ranking of the bids

18 PURCHASE PREFERENCE TO MAKE IN INDIA As per Public Procurement Order Ref No P-4502122017-B E-II Dtd 15062017 issued by Govt

of India to encourage ldquoMake in Indiardquo policy Purchase Preference shall be given to local suppliers

in the following manner

(a) The terminology definitions used in the said order is as below

(i) ldquoLocal contentrdquo means the amount of value added in India be the total value of items procured

excluding net domestic indirect taxes) minus the value of imported content in the item (including

all customs duties) as a proportion of the total value in percent

(ii) ldquoLocal Supplierrdquo means a supplier or service provider whose product or service offered for procurement meets the minimum local content as prescribed under the said Order or by the

competent Ministries Department in pursuance of said order A Local Supplier can be an Indian

or Foreign bidder

(iii) ldquoMargin of Purchase Preferencerdquo means the maximum extent to which the price quoted by

local supplier may be above the L1 for the purpose of purchase preference The margin of

purchase preference for the present tender is 20

(b) Minimum local content

(i) The minimum local content in the offer is to be not less than 50 for the present tender for a

bidder to be considered as a Local Supplier

(ii) The local content can be increased through partnerships cooperation with local companies

establishing production units in India or Joint Ventures (JV) with Indian suppliers increasing the

participation of local employees in services and training themrsquo

(iii) On opening of the price bids if it is identified that there is difference in price receive amp

declaration made and local content is now not meeting the specified tender requirement (ie only

on the quoted price without any loading) then such case will be processed without any purchase

preference

(c) Declaration by Local Supplier Local Supplier should declare that the item and service

offered meets the minimum local content amp indicate its percentage in their offer which shall meet

(or even offer more) required content as specified in tender This declaration is necessary even if

Custom Duty Exemption and or ERV (if applicable) are not being sought Following documents

are to be submitted in technical offer ndash

Part-I bid

(i) Local Component list ie Items and services which are being procured produced domestically

by supplier in the system equipment service offered against tender This list shall include all the

components raw materials sub services etc

(ii) Foreign Imported Component list ie Items and services which are being supplied by bidder

from outside India in the system equipment service offered against tender This list shall include

all the components raw materials sub services etc

(iii) Bidders shall give the details of the location(s) at which the local value addition is made

Additionally location(s) details from where foreign imported components are being supplied be

also informed

(iv) Bidders shall give the price break-up in percentage for ldquoLocal Componentrdquo and ldquoForeign

Imported Componentrdquo

(v) Custom duty applicable on FE component for all foreign items (vi) The Local Suppliers are required to provide self-certification as per Annexure-11

Note In cases of procurement for value in excess of Rs 10 Crores the local supplier shall be required to

provide a certificate from statutory auditor or cost auditor of the company (in case of companies)

or from a practicing cost accountant or practicing charted accountant (in respect of supplier other

GM(M)MTI2000007617Passivation Station

Page 20 of 45

than companies) giving the percentage of local content amp applicable item wise custom duty

Once the declaration certification is committed at tender submission stage the same cannot be

altered at technical negotiation stage or after award of contract otherwise would be treated

considered as false declaration by bidder

In the event of bidders not declaring or declaring less local content percentage in the offer MDL

will consider quote bid of such bidders with local content as ldquo0rdquo or ldquoNILrdquo ie the offers of such

bidders will be treated as a ldquoNon Local Supplierrdquo where no purchase preference shall be granted to these bidders

(d) If the Local Supplier is also a MSE Vendor seeking the benefit of Public Procurement Policy

for MSEs Order 2012 then such bidders should not seek benefits against the Preference to Make

in India policy ndash Order 2017 Such bidders should categorically seek benefits of only one policy

which cannot be modified subsequently once declared in the Annexure-A referred above while

submitting the bid

(e) Custom duty issue Imported FE content is inclusive of all custom duties which is required

for arriving local content Bidders to note the following about declaration of FE Content

(i) All bidders should upfront declare line item wise custom duty duly certified Such declared

custom duty percentage will only be considered for arriving local content

(ii) In the event if the rate of custom duty is found higher than the declared custom duty by bidder

then the bidderrsquos declaration shall be final for arriving L1 bid Also in such case the difference in

custom duty would be to bidders account In case of foreign bidders the same would be to bidders

account and shall not be borne or reimbursed by Shipyard

(iii) In the event of rate of custom duty happens to be lower at the time of clearance of goods then

actual custom duty shall be payable

(iv) Notwithstanding above local content shall be calculated based on the declared custom duty by

the bidder in techno-commercial bid

(f) Preference to Local Supplier The following procedure will be adopted for deciding on

preference to Local Supplier over a non-local supplier wrt Public Procurement (Preference to

Make in India) order 2017

(i) Among all qualified bids the lowest bid will be termed as L1 If L1 is from a local supplier the

contract will be awarded to L1

(ii) If L1 is not from a local supplier the lowest bidder among the local suppliers will be invited

to match the L1 price subject to local supplierrsquos quoted price falling within the margin of purchase

preference and contract shall be awarded to such local supplier subject to matching the L1 price

(iii) In case such lowest eligible local supplier fails to match the L1 price the local supplier with

the next higher bid within the margin of purchase preference shall be invited to match the L1 price

and so on and contract shall be awarded accordingly In case none of the local suppliers within the

margin of purchase preference matches the L1 price then the contract may be awarded to the L1

bidder

(g) Preference between LS and MSE Bidder This clause is applicable only if line items are

separable and MSE preference clause is also applicable Between the MSE and Local

Supplier the MSE bidder will be given preference to match with L1 bidder as per Public Procurement Policy for MSEs Order 2012 MSE vendor will be evaluated with L1+15 MSE

doesnrsquot fall under Public Procurement (Preference to Make in India) Order 2017 Local Supplier

will be evaluated with L1+20 (Margin of Purchase Preference ordinary) as per Public

Procurement (Preference to Make in India) Order 2017

(h) After the contract is awarded and the supplies are completed each supplier shall provide the supporting documentation towards realization of committed Local Content as per the contract

order terms amp conditions

In addition to these documents a ldquoLocal content certificaterdquo also shall be submitted stating the

percentage of local content in the items or services measured The ldquoLocal content certificaterdquo shall

be submitted along with the invoice

Note In cases of procurement for value in excess of Rs 10 Crores the local supplier shall be

required to provide a certificate from statutory auditor or cost auditor of the company (in case of

GM(M)MTI2000007617Passivation Station

Page 21 of 45

companies) or from a practicing cost accountant or practicing charted accountant (in respect of

supplier other than companies) giving the percentage of local content

(i) False declaration will be in breach of Code of Integrity under Rule 175(1)(i)(h) of GFR 2017

for which a bidder or its successor can be debarred for up to 2 years as per Rule 151(iii) of GFR

2017 along with such other actions as may be permissible under law

(j) Complaints Grievance Any complaints grievances relating to implementation of this order

shall be taken up by Public Grievance Cell of MDL headed by GM(F-PampS) Fees for filing a complaint under the order shall be Rs 10000- per case The complaints shall be filed to the

Chairman Public Grievance Cell The fee shall be deposited in MDLrsquos Account by NEFT

19 Public Grievance Cell A Public Grievance Cell headed by ED (East Yard) has been set up in

the Company Members of public having complaints or grievances are advised to contact him

on Wednesday between 1000 hours and 1230 hours in his EY-office MAZAGON DOCK

SHIPBUILDERS LIMITED Dockyard Road Mumbai - 400010 (022 ndash 23763506 23738368)

or send their complaints grievances to him in writing for redressal

20 Supply on MDL Holidays Request for permission for delivery on Saturday Sunday

holidays if required should be submitted 3 working days prior to the date of holiday to

Personnel department and Security through concerned Dept

21 Liquidated Damages Time is an essence of the contract therefore the job as ordered should be

completed on the dates mutually agreed upon in accordance with the delivery schedule In cases

of delay not attributable to Purchaser beyond the agreed schedule the Successful bidder shall pay

liquidated damages a sum representing 05 (Half per cent) per week or part thereof subject to

maximum of 5 of the final Order Contract value Vendor Contractor (Seller) will also be liable

to pay Liquidated Damages for late delivery of Manuals Drawings and Documentation as agreed

to by Purchaser and Vendor Contractor (Seller) and as stated in the Purchase Order The amount

of such damages will be clearly defined in the Purchase Order and may extend up to 5 of the

Order Value excluding taxes Applicability of LD will be considered as below -

1) Delay in manufacturing and supplydelivery of machinematerialitemsequipments at

MDL after dispatch clearance beyond specified schedule will attract LD 05 per week

or part thereof subject to maximum of 5

2) Delay in Installation trial Commissioning amp Training at MDL as per Work

completion date as certified by MDL user dept beyond specified schedule will attract

LD 05 per week or part thereof subject to maximum of 5 as per order

22 Hindrance Register All hindrances with date of occurrences and removal shall be noted in the

Hindrance Register The Hindrance Register shall be signed by the representatives of both MDL

as well as Contractor

23 Security Deposit (SD) The successful bidders shall have to submit Security Deposit for an

amount of 5 of the Order value excluding GST etc electronically through NEFT RTGS or

in the form of Bank Guarantee drawn in favor of MAZAGON DOCK SHIPBUILDERS

LIMITED Mumbai from the list of Banks approved by SBI Canara Bank published on MDL

Website within 25 days from the date of Order amp must be valid up to contract period plus one

month No interest will be paid on Security Deposit Please note that MDL does not extend any

concession such as exemption in payment of Security Deposit etc to any organization

irrespective of their status like registration with MDL NSIC SSI and MSME etc In case of

failure to submit Security Deposit within 25 days from the date of order placement EMD

submitted will be encashed and risk purchase clause would be invoked The Security Deposit

will be returned only after successful execution of the order and shall be interest free In the

event of failure to execute the order satisfactorily the Security Deposit will be encashed by

MDL If order is fully executed within 25 days from the date of purchase order submission of

security deposit is not applicable For delayed period of submission of SD beyond 25 days

from date of order bidder has to pay applicable interest In case the bidder is Indian Public

Sector Unit they shall submit the indemnity bond instead of Security Deposit Bidders may

advise their bankbanker to send BG directly to commercial department or through SWIFT to

dispense with additional step of verification of authenticity of signatories In case of BG

GM(M)MTI2000007617Passivation Station

Page 22 of 45

transmitted through SWIFT it shall be the responsibility of the bidder that he directs the

receiving banker to forward the message For delayed period of submission of SD beyond 25

days from date of order interest will be recovered as mentioned below

For Indian suppliers it will be SBAR plus 2 and EUROBORLIBOR plus 2 for Foreign

bidder Security Deposit will be returned only after successful execution of the order and shall

be interest free In the event of failure to execute the order satisfactorily the Security Deposit

will be encashed by MDL PSUs can submit Indemnity bond in lieu of Security deposit Bidders can submit SD amount

by using payment gateways through MDL website

24 Delivery ScheduleWork Completion Schedule and delivery term (For foreign bidders) The

entire scope of work ie Design manufacture Supply Installation Commissioning STW amp

Training to be completed within 6 months from the date of receipt of PO

1) Supplydelivery of machineItemsEquipmentsspares at MDL = within 20 weeks (CIF delivery) and

2) Time for transportation amp custom clearance time = 2 weeks

3) Installation Trials Training and Commissioning = Within 2 weeks

Delivery Term (1) Supply For Indigenous bidder Door DeliveryFOR MDL GRS Stores

For Overseas Bidder CIF Port of destination (Mumbai)

(2) Installation Commissioning STW Training -

For Overseas Bidders At MDL site

Training to be imparted to Non-executives-04 Nos for 7 days (1 week)

Delivery ScheduleWork Completion Schedule and delivery term (For Indigenous bidders) The entire scope of work ie Design manufacture Supply Installation Commissioning STW amp

Training to be completed within 6 months from the date of receipt of PO

1) Supplydelivery of machineItemsEquipmentsspares at MDL = within 22 weeks (CIF

delivery) and

2) Installation Trials Training and Commissioning = Within 2 weeks

Delivery Term (1) Supply For Indigenous bidder Door DeliveryFOR MDL GRS Stores

For Overseas Bidder CIF Port of destination (Mumbai)

(2) Installation Commissioning STW Training - For Indigenous Bidders At MDL site

Training to be imparted to Non-executives-04 Nos for 7 days (1 week)

25 Assistance for Installation Testing Commissioning Maintenance amp other Technical

activities 1 Services of engineersManpower in connection with assistance of delivery

loadingunloading installation setting-in-work testing tuning commissioning

training to be considered in the scope of supply

2 All machinery equipments Oxygenother fuel gas for cutting fork lift welding Tools

amp Tackles accessories spares Chemicals consumables Special tools Fixtures and

tackles Workshop and fabrication shop Calibration facility Local transportation and

Internal Transportation storage amp preservation materials Ist fill of Oil lubricants

grease amp other resources etc required for Installation commissioning work to be

arranged by contractor Crane facility for unloading the equipment at the site Space water compressed air and electric Power will be provided by MDL

During Guarantee Warranty period the entire maintenance repair job shall be carried out by

experienced service engineers amp technicians The supply of all necessary tools tackles and

instruments required for the preventive and breakdown maintenance of the equipment covered

by this contract shall be in contractorrsquos scope No sub-contracting will be allowed

26 Spares Post sale product support 1 The Bidder shall assure a continuous supply of spare parts for at least 10 years from

GM(M)MTI2000007617Passivation Station

Page 23 of 45

the date of commissioning of the machine at MDL

2 List of Service centers amp Setup details to be provided

3 Standard accessories required for making itemequipmentmachine operational amp

ready to use should be included in the scope of supply

4 All defective parts spares can either be repaired or replaced by new parts Spares

replaced will be either of same make or equivalent as suggested by the OEM after

consultation with MDL However the total responsibility of the quality of spares supplied or parts repaired shall be with the Contractor

3 If any defective partitemequipment required to be taken out to the service center by

the firm for the further repairing the firm shall be asked to submit the necessary

indemnity bondBG as required Taking out defective partitemequipment from MDL

and bringing back repaired part item equipment to MDL is in the firmrsquos scope of

work The firm has to bear all the transportation charges amp transit insurance

27 Inspection - (a) Receipt Inspection by MDL- MDL inspection cell amp User dept shall carry out necessary

inspection of the items on receipt in the MDL Yard on the basis of an appropriate MDL

Inspection system requirement along with the representative of user dept amp the Inspection

documents submitted by suppliers Any objection raised by MDL inspection team against

quality of material or workmanship shall be satisfactorily corrected by the supplier at his

expenses including replacement as may be required within shortest possible time within 30

days Items damaged during transit shall also be rectified or replaced by the supplier within

shortest possible time

(b) Rejection of the material Any portion of the equipment found defectiverejected the

supplier shall collect the same at his cost from the MDL Yard all incidental charges being

born by supplier (inclusive of custom duty if payable) within 30 days from the date of

intimation to the supplier of such rejection The MDL reserves the rights to dispose off the

rejected item at the end of a total period of 90 days in any manner to the best advantage to the

MDLamp recover storage charges amp any consequential damages from sale proceeds of such

disposal

(c) Final work completion certificate in respect of completion of entire scope of work will be

certified by MDL user dept

28 Purchase Preference for MSE - NA

29 Risk Purchase amp Cancellation of Order (a) If the equipment article service or any portion thereof be not delivered performed by

the scheduled delivery date period any stoppage or discontinuation of ordered supply

awarded contract without written consent by Purchaser or not meeting the required quality

standards the Purchaser shall be at liberty without prejudice to the right of the Purchaser

to recover Liquidated Damages penalty as provided for in these conditions or to any

other remedy for breach of contract to terminate the contract either wholly or to the extent

of such default Amounts advanced or part thereof corresponding to the undelivered

supply shall be recoverable from the Contractor Bidder at the prevailing bank rate of interest

(b) The Purchaser shall also be at liberty to purchase manufacture or supply from stock as it

deems fit other articles of the same or similar description to make good such default and

or in the event of the contract being terminated the balance of the articles of the

remaining to be delivered there under Any excess over the purchase price cost of

manufacture or value of any articles supplied from the stock as the case may be over the

contract price shall be recoverable from the Bidder Vendor Contractor

(c) The Purchaser reserves the right to cancel an order forthwith without any financial

implications on either side if on completion of 50 of the scheduled deliveryCompletion

period the progress of manufactureSupply is not to the satisfaction of Purchaser and

failure on the part of the BidderVendorContractor to comply with the delivery schedule

is inevitable In such an event the BidderVendorContractor shall repay all the advances

GM(M)MTI2000007617Passivation Station

Page 24 of 45

together with interest at prevailing bank rates from the date of receipt of such advances till

date of repayment The title of any property delivered to Purchaser will be reverted to the

BidderVendorContractor at his cost

(d) In case of breach non-compliance of any of the agreed terms amp conditions of order

contract MDL reserves the right to recover consequential damages from the vendor

contractor on account of such premature termination of contract

(e) In case of delay beyond agreed period for liquidated damages or 10weeks from

contractual delivery period whichever is earlier MDL reserves the right to cancel the

order and procure the order items services from any available source at MDLrsquos option amp

discretion and entirely at your risk and cost Extra expenditure incurred by MDL in doing

will be recoverable from Bidder Supplier Contractor

30 Freak Low Quotes In case after opening of price bid of technically cleared firms it is noted that L-1 firm has quoted very low rates and indicates to withdraw from the tender then EMD shall be

forfeited and firm may be given tender holiday including intimation to other PSUs If the rates

quoted are less than MDL estimates by 40 or so and if the difference in rate between L1 and L2

is 30 or more than the firm will have to give additional BG of 20 of the PO value excluding

GST as additional security Bank charges for this additional BG shall be borne by MDL and

reimbursed against proof of payment

31 Indemnity - The Bidder Vendor Contractor his employees licencees agents or Sub-Vendor

Sub-contractor while on site of the Purchaser for the purpose of this contract indemnifies the

Purchaser against direct damage and or injury to the property and or the person of the Purchaser or

that of Purchasers employees agents Sub- Contractors Suppliers occurring and to the extent

caused by the negligence of the Bidder Vendor Contractor his employees licencees agents or

Sub-contractor by making good such damages to the property or compensating personal injury

and the total liability for such damages or injury shall be as mutually discussed and agreed to

You shall hold harmless and keep MDL indemnified against all claims arising as a result of

infringement of any patent rights on account of manufacture sale or use of article covered by

the order

32 MDL reserves the right to consider placement of Order Contract in part or in full against the

tendered quantity or item MDL reserves the right to place order on FOB or CIF basis

33 MDL shall not be bound by any printed conditions or provisions in the sellers bid forms or

acknowledgement of contract invoices packing list and any other documents which purport to

impose any conditions at variance with the tender terms final negotiated amp accepted terms

34 Bidders can participate in online bidding

a) By registering with above referred portal for User ID and password

b) By obtaining class III DSC (Digital Signature Certificate) for secured bidding

35 In case of improper on-line filling of Acceptance Formats for Tender Enquiry Form General

Terms amp Conditions (GTampC) and Standard Terms amp Conditions (STACS) it shall be

presumed that all our tender terms amp conditions are acceptable to you

36 In case of any clarifications bidders are requested to contact the undersigned before the closing

date of the tender Bidders can also contact toll-free customer help line of e-procurement portal

httpseprocuremdlnicin ASP on email id eproc-supportgovin Ph no 0120-4200462 0120-

4001002

Bidders intending to witness the Tender opening shall log on to httpseprocuremdlnicin

using digital signatures for witnessing the opening

GM(M)MTI2000007617Passivation Station

Page 25 of 45

37 We look forward to your participation in on-line bidding by offering your most competitive

and reasonable bid against this tender

Yours faithfully

For MAZAGON DOCK LIMITED

M Tanweer Iqbal

CM(C-MP)

Enclosure - 1 Instructions to the Bidders

Enclosure - 2 Illustrative format amp guideline for quoting prices in online Price Bid

Enclosure - 3 Standard Terms amp Conditions (STACS)

Enclosure - 4 General Terms amp Conditions (GTampC)

Enclosure - 5 Loading Factors

Enclosure - 6 Format of Letter of Credit

Enclosure 7 Bank Guarantee Format for EMD

Enclosure 8 Bank Guarantee Format for SD

Enclosure 9 Bank Guarantee Format for PBG

Enclosure - 10 MDL bank details for NEFTRTGS EMDSD transfer

Enclosure 11 Shipping Instruction for Sea amp Air Consignments

Note These Enclosuredocuments to be down loaded from our Website under below linkpath-

wwwmazagondockgovin gt Tenders gt Shipbuilding gt ldquoEnclosures Related to Tender Documents from Material

Purchase Deptrdquo

GM(M)MTI2000007617Passivation Station

Page 26 of 45

Enclosure ndash 1

Instructions to the Bidders for uploading the Techno-Commercial Bid and the Price Bid through E-

Procurement Portal

bullbullbullbull Official service provider for the website is NIC

E-mail eproc-supportgovin Office Ph No 0120-4200462 0120-4001002 Ph No +91-8826246593

bullbullbullbull Pre-requisites for up-loading the Techno-Commercial Bid

(i) Compatible computer hardware software set-up to access e-procure website

(ii) ldquoDigital Signature Certificaterdquo class III B (DSC) is a must for downloading the tender and uploading

the techno commercial offer from our website httpseprocuremdlnicin

(iii) ldquoDigital Signature Certificaterdquo class III B (DSC) can be obtained from our service provider

bullbullbullbull To ensure availability of above prerequisite is bidders responsibility

(i) It is mandatory to upload the complete techno-commercial offer and the price bid on e-

procurement

(ii) No part of the bid other than original EMD (if applicable) shall be accepted physically hard copy

outside e-procurement

(iii) Price bids shall strictly be uploaded in appropriate allotted place in the tender available in e-

procurement so that it remains secured encrypted unreadable in the system

(iv) In no circumstances the price bids shall be forwarded or uploaded in any other form

(v) Entire responsibility of the uploading of the complete techno-commercial bid along with the price

bid shall be that of the bidder

(vi) No request complaint shall be entertained after the due datetime of the tender

(vii) Non availability of any of the prerequisites or last minute calls seeking clarifications projecting

problems shall not entitle a bidder to seek request for extension of due date

(viii) Any problem with regard to uploading of the tender shall be intimated to NIC at least 24 hours in

advance to the tender closing time amp date However it will not be considered as reason for extension

of due date of the tender

(ix) Request for extension if at all to be made shall be forwarded at least 3 working days in advance to

the tender closing date time with proper reasoning The request shall be put up to the competent

authority for consideration on the merit of the case MDL reserves all rights in this regard amp decision

of MDL shall be binding to the applicant

It is important to note that the bidders can upload their bids right from the time the tender is available

at website It is advisable that the bidder uploads the bid well in time rather than wait till last minute

to avoid situations wherein he is unable to successfully upload the bid for various reasons which

cannot be addressed then due to lack of time

bullbullbullbull Special instructions to Bidders for online bidding

GM(M)MTI2000007617Passivation Station

Page 27 of 45

(i) Bidders should login well in advance to enable them to complete their bid submission before the

closing time of the tender

(ii) Bidders should submit their bid well in advance to avoid last minute frantic calls

(iii) Bidders should follow all the instructions enlisted on the front page of e-procure web page

(iv) Bidders should ensure Hardware amp Software compatibility as well as Digital Signature available on

front page of e-procure web site Request for extension of due date shall not be entertained due to

non-availability of these tools

bullbullbullbull Bidders to participate in on-line bidding

(i) By registering with above referred portal for User ID and password

(ii) By obtaining class III DSC (Digital Signature Certificate) for secured bidding

NOTE In case any vendor intending to respond against the tender and is not having the DSC to facilitate

uploading of his bid should approach the Service Provider at least 10 working days in advance of the tender

closing date requesting DSC The request so made to the Service Provider should simultaneously be

forwarded to MDL Dealing Officer In case the DSC is not received within 3 to 4 working days the GM (M)

be informed and the DSC if not received from the Service Provider three working days in advance for

suitable extension to tender closing date then only the tender due date shall be considered

GM(M)MTI2000007617Passivation Station

Page 28 of 45

Annexure-2

Illustrative format amp guideline for quoting prices in online Price Bid

Below format of price bid will appear online Indigenous bidders to follow instructions given in each respective

cell while quoting their cost in online price bid -

Item Sr no 1

Material Description As per clause No 1

Quantity As per clause No 1

Set Set

Currency INR USD EURO

For Indian Bidder Basic Unit Rate in INR only

For Foreign Bidder CIF Rate to be entered by the foreign

currency

To be quoted

of CGST+SGST or IGST on Basic rate To be quoted

Installation Commissioning Charges per Unit To be quoted

of CGST+SGST or IGST on Installation Commissioning

Charges To be quoted

Inspection Testing Charges per Unit To be quoted

of CGST+SGST or IGST on Inspection Testing Charges To be quoted

GM(M)MTI2000007617Passivation Station

Page 29 of 45

Enclosure-3

STANDARD TERMS AND CONDITIONS (STACS) 101 The word Purchaser refers to MAZAGON DOCK SHIPBUILDERS LIMITED (MDL) a Company

registered under the Indian Companies Act 1913 and it includes its successors or assignees

102 The word BidderVendorContractor means the person firm Company who undertakes to

manufacture and or supply and or undertake work of any nature assigned by the Purchaser from time to time

and includes its successors or assignees

103 The word Owner means the person or authority with whom MAZAGON DOCK SHIPBUILDERS

LIMITED (Purchaser) has contracted to carry out work in relation to which orders are placed by the

Purchaser on the BidderVendorContractor under this contract for supply or manufacture of certain items

and would include Department of Defence Production Ministry of Defence Government of India the Indian

Navy the Coast Guard and any other specified authority

120 GENERAL 121 Unless otherwise indicated specifically by the bidder contractor in his bid it shall be construed as his

acceptance of all the conditions mentioned in this STACS

200 COMMUNICATION amp LANGUAGE FOR DOCUMENTATION 201 Any letter facsimile message e-mail intimation or notice sent to the BidderVendorContractor at the

last known address mentioned in the offer order shall be deemed to be valid communication for the purpose

of the ordercontract Unless stated otherwise by the purchaser Language for communication amp all

documentation shall be same which the Purchaser has used in the tender enquiry

210 PURCHASERrsquoS PROPERTY 211 All property (such as materials drawings documents etc) issued by the Purchaser or any other

individual or firm on behalf of the Purchaser in connection with the contract shall remain confidential being

the property of the Purchaser and the BidderVendorContractor shall undertake to return all such property so

issued and will be responsible for any or all loss thereof and damage thereto resulting from whatever causes

and shall reimburse the Purchaser the full amount of loss and damage

212 On completion of work in any compartment location of the purchaserrsquos premises the

BidderSupplierContractor must ensure that the place is left in a reasonably clean state and all scrap is

transferred to nearby scrap-bins

220 RISK PURCHASE 221 If the equipment article service or any portion thereof be not delivered performed by the scheduled

delivery date period any stoppage or discontinuation of ordered supply awarded contract without written

consent by Purchaser or not meeting the required quality standards the Purchaser shall be at liberty without

prejudice to the right of the Purchaser to recover Liquidated Damages penalty as provided for in these

conditions or to any other remedy for breach of contract to terminate the contract either wholly or to the

extent of such default Amounts advanced or part thereof corresponding to the undelivered supply shall be

recoverable from the Contractor Bidder at the prevailing bank rate of interest

222 The Purchaser shall also be at liberty to purchase manufacture or supply from stock as it deems fit

other articles of the same or similar description to make good such default and or in the event of the contract

being terminated the balance of the articles of the remaining to be delivered there under Any excess over the

purchase price cost of manufacture or value of any articles supplied from the stock as the case may be over

the contract price shall be recoverable from the Bidder Vendor Contractor

230 RECOVERY ADJUSTMENT PROVISIONS 231 Payment made under one order shall not be assigned or adjusted to any other order except to the extent

agreed upon in writing by the Purchaser During the currency of the contract if any sum of money is payable

by the Bidder Vendor Contractor the same shall be deducted from any sum then due or thereafter may

become due to the Bidder Vendor Contractor under the contract or any other contract with the Purchaser

240 ADDITIONAL BANK GUARANTEE In case after opening of price bid of technically cleared firms it is noted that L-1 firm has quoted very low

rates and indicates to withdraw from the tender then EMD shall be forfeited and firm may be given tender

holiday including intimation to other PSUs If the rates quoted are less than MDL estimates by 40 or so and

if the difference in rate between L1 and L2 is 30 or more then the firm will have to give additional BG of

20 of the PO value as additional security Bank charges for this additional BG shall be borne by MDL and

reimbursed against proof of payment

250 INDEMNIFICATION 251 The Bidder Vendor Contractor his employees licencees agents or Sub-Vendor Sub-contractor

while on site of the Purchaser for the purpose of this contract indemnifies the Purchaser against direct

GM(M)MTI2000007617Passivation Station

Page 30 of 45

damage and or injury to the property and or the person of the Purchaser or that of Purchasers employees

agents Sub- Contractors Suppliers occurring and to the extent caused by the negligence of the Bidder

Vendor Contractor his employees licencees agents or Sub-contractor by making good such damages to the

property or compensating personal injury and the total liability for such damages or injury shall be as

mutually discussed and agreed to

260 TRANSFER OF VENDORS CONTRACTORrsquoS RIGHTS 261 The Bidder Vendor Contractor shall not either wholly or partly sell transfer assign or otherwise

dispose of the rights liabilities and obligations under the contract between him and the Purchaser without

prior consent of the Purchaser in writing

270 SUBCONTRACT amp RIGHT OF PURCHASER 271 The Bidder Vendor Contractor under no circumstances undertake or subcontract any work contract

from or to any other Sub-contractor without prior written approval of the Competent Authority of Purchaser

In the event it is found that such practice has been indulged in the contract is liable to be terminated without

notice and the Bidder Vendor Contractor is debarred all from future tender enquiries work orders

However in no circumstances a contractor is permitted to subcontract any part of the contract to the bidders

who had quoted for the concerned tender

280 PATENT RIGHTS 281 The Bidder Vendor Contractor shall hold harmless and keep the Purchaser indemnified against all

claims arising as a result of infringement of any patent copy rights on account of manufacture sale or use of

articles covered by the order

290 AGENTS AGENCY COMMISSION

291 The seller confirms and declares to the buyer that the seller is the original manufacturer or authorized

distributorstockiest of original manufacturer of the stores referred to in this contract and has not engaged any

individual or firm whether Indian or foreign whatsoever to intercede facilitate or in any way to

recommended to the Buyer or any of its functionaries whether officially or unofficially to the award of the

Contract Purchase order to the Seller nor has any amount been paid promised or intended to be paid to any

such individual or firm in respect of any such intercession facilitation or recommendation The Seller agrees

that if it is established at any time to the satisfaction of the Buyer that the present declaration is in any way

incorrect or if at a later stage it is discovered by the Buyer that the Seller has engaged any such

individualfirm and paid or intended to pay any amount gift reward fees commission or consideration to

such person party firm or institution whether before or after the signing of this Contract Purchase order

the Seller

will be liable to refund that amount to the Buyer

Tender no GM (M)GRA2000007246 Page 16 of 26

The seller will also be debarred from participation in any RFQTender for new projectsprogram with Buyer

for a minimum period of five years

The buyer will also have a right to consider cancellation of the Contract either wholly or in part without any

entitlement or compensation to the Seller who shall in such event be liable to refund all payments made by

the buyer in terms of the Contract along with interest at the rate of 2 per annum above LIBOR (London

Inter Bank Offer Rate) (for foreign vendors) and base rate of SBI plus 2 (for Indian Vendors)

The Buyer will also have the right to recover any such amount from any contracts concluded earlier with

Buyer

300 USE OF UNDUE INFLUENCE CORRUPT PRACTICES

301 The Bidder Supplier Contractor undertakes that he has not given offered or promised to give directly

or indirectly any gift consideration reward commission fees brokerage or inducement to any person in

service of the Purchaser or otherwise in procuring the contract or forbearing to do or for having done or

forborne to do any act in relation to the obtaining or execution of the Contract with the Purchaser for showing

or forbearing to show favour or disfavour to any person in relation to the Contract or any other Contract with

the Purchaser Any breach of the aforesaid undertaking by the Bidder Supplier Contractor or any one

employed by him or acting on his behalf (whether with or without the knowledge of the Bidder Supplier

Contractor) or the commission of any offence by the Bidder Supplier Contractor or any one employed by

him or acting on his behalf as defined in Chapter IX of the Indian Penal Code 1980 or the Prevention of

Corruption Act 1947 or any other Act enacted or the prevention of corruption shall entitle the Purchaser to

cancel the contract and all or any other contracts with the Bidder Contractor Supplier and recover from the

Bidder Supplier Contractor the amount of any loss arising from such cancellation Decision of the

Purchaser or his nominee to the effect that a breach of the undertaking has been committed shall be final and

binding on the Bidder Supplier Contractor

302 The Bidder Supplier Contractor shall not offer or agree to give any person in the employment of

GM(M)MTI2000007617Passivation Station

Page 31 of 45

Purchaser any gift or consideration of any kind as Inducement or reward for doing or forbearing to do or

for having done or forborne to do any act in relation to the obtaining or execution of the contracts Any

breach of the aforesaid condition by the Bidder Supplier Contractor or any one employed by them or

acting on their behalf (whether with or without the knowledge of the Bidder Supplier Contractor) or the

commission of any offence by the Bidder Supplier Contractor or by any one employed by them or acting

on their behalf which shall be punishable under the Indian Penal Code 1980 andor the Prevention of

Corruption by Public Servants shall entitle Purchaser to cancel the contracts and all or any other contracts

and then to recover from the Bidder Supplier Contractor the amounts of any loss arising from such

contracts cancellation including but not limited to imposition of penal damages forfeiture of Security

Deposit encashment of the Bank Guarantee and refund of the amounts paid by the Purchaser

303 In case it is found to the satisfaction of the Purchaser that the Bidder Supplier Contractor has

engaged an Agent or paid commission or influenced any person to obtain the contract as described in clauses

relating to Agents Agency Commission and use of undue Influence the Bidder Supplier Contractor on a

specific request of the Purchaser shall provide necessary information inspection of the relevant financial

document information

310 IMMUNITY OF GOVERNMENT OF INDIA CLAUSE 311 It is expressly understood and agreed by and between Ms (Bidder Supplier Contractor) and

MAZAGON DOCK SHIPBUILDERS LIMITED Dockyard Road Mumbai - 400 010 (MDL) is entering

into this Agreement solely on its own behalf and not on the behalf of any person or entity In particular it is

expressly understood and agreed that the Government of India is not a party to this Agreement and has no

liabilities obligations or rights hereunder It is expressly understood and agreed that MDL is an independent

legal entity with power and authority to enter into contracts solely in its own behalf under the applicable of

Laws of India and general principles of Contract Law The (Bidder Supplier Contractor) expressly agrees

acknowledges and understands that MDL is not an agent representative or delegate of the Government of

India It is further understood and agreed that the Government of India is not and shall not be liable for any

acts omissions and commissions breaches or other wrongs arising out of the contract Accordingly (Bidder

Supplier Contractor) hereby expressly waives releases and foregoes any and all actions or claims including

cross claims impleader claims or counter claims against the Government of India arising out of this contract

and covenants not to sue Government of India in any manner claim cause of action or thing whatsoever

arising of or under this Agreement

320 EXPORT LICENCE 321 The export licenses that may be required for delivery of the various itemsequipment to MDL shall be

arranged by the Bidder Supplier Contractor from the concerned authorities in their country without any

time amp cost implications on the Purchaser

330 BANNED OR DE-LISTED CONTRACTORS VENDORS 331 The Bidder Vendor Contractor declares that they being Proprietors Directors Partners have not

been any time individually or collectively blacklisted or banned or de-listed by any Government or quasi

Government agencies or PSUs If a bidderrsquos entities as stated above have been blacklisted or banned or delisted

by any Government or quasi Government agencies or PSUs this fact must be clearly stated and it may

not necessarily be a cause for disqualifying him

340 DUTY OF PERSONNEL OF SUPPLIERVENDOR 341 MDL being a Defence Organization Bidder Vendor Contractor undertakes that their personnel

deployed in connection with the entrusted work will not indulge in any activities other than the duties

assigned to them

350 DISPUTE RESOLUTION MECHANISM AND ARBITRATION

351 DISPUTE RESOLUTION MECHANISM (DRM) i) Any disputedifferences between the parties arising out of and in connection with the contract shall be

settled amicably by mutual negotiations

ii) In case of non-settlement by (i) above if at any time before during or after the contract period any

unsettled claim dispute or difference arose between the parties upon or in relation to or in connection with

or in any way touching or concerning this tenderagreementordercontract the same shall be referred to the

concerned Functional Director

The Functional Director shall then nominate an Executive of the rank of General Manager whom he thinks fit

and competent or a Committee of Executives whowhich shall then scrutinise the claimsdisputes that have

been referred to the concerned functional Director and make efforts for amicable settlements by mutual

discussionsnegotiations

iii) In case no amicable settlement is arrived by (ii) above within a period of three months then the contractor

shall approach Public Grievance Cell and address the disputes as per the provisions made under the relevant

GM(M)MTI2000007617Passivation Station

Page 32 of 45

clause of the contract

iv) In case the issuesdisputes do not get settled within a period of six months from the date of

submission of the dispute to the Grievance Cell then the contractor may invoke Arbitration Clause of the

contract

352 ARBITRATION Unresolved disputesdifferences if any shall then be settled by arbitration The

Arbitration proceedings shall be conducted at Mumbai India in English Language under the Arbitration amp

Conciliation Act 1996

MDL prefers to have arbitration through Institutes such as Indian Council of Arbitration (ICA)ICA-DR with

the mutual consent of the parties

353 In case of unresolved differencedispute between the Purchaser and Supplier being Central Public

Sector EnterprisesCentral Govt departments the disputes shall be resolved firstly through mutual discussion

or through the empowered agencies of the Govt or through arbitration by reference by either party to the

department of Public Enterprises as per extant guidelines If disputesdifferences remain

unresolvedunexecuted the same shall be referred first to the Cabinet Secretariat and then if necessary to the

PMO

354 Any changes to arbitration clause must be vetted by HOD (Legal) before incorporation in

contractPO

360 JURISDICTION OF COURTS 361 All contracts shall be deemed to have been wholly made in Mumbai and all claims there under are

payable in Mumbai City and it is the distinct condition of the order that no suit or action for the purpose of

enforcing any claim in respect of the order shall be instituted in any Court other than that situated in Mumbai

City Maharashtra State India ie courts in Mumbai shall alone have jurisdiction to decide upon any dispute

arising out of or in respect of the contract

-----------------------

GM(M)MTI2000007617Passivation Station

Page 33 of 45

Enclosure-4

GENERAL TERMS amp CONDITIONS (GTampC)

A10 Blank

A20 SECURITY DEPOSIT A21 The successful bidder shall submit a Security Deposit 5 of the contract order value (excluding

taxes duties freight service component) of the Order in the form of Demand Draft Bank Guarantee in the

prescribed format in favour of Purchaser within 25 days from date of Contract The Security Deposit will be

returned only after the successful execution of the order contract Refund of Security Deposit whenever

considered admissible by the Purchaser shall be without interest only

A30 FORFEITURE OF EMD BID BOND A31 In cases of withdrawal of bid during validity period or during any extension granted thereof non

acceptance of agreed conditions of Technical and or Commercial and or Price Negotiations non-submission

of the security deposit and or non-acceptance of the order the EMD or bid security will be forfeited or

encashed as the case may be

A40 FORFEITURE OF SECURITY DEPOSIT A41 Non-performance of agreed terms and or defaultbreach by BidderVendorContractor will result in

forfeiture of security deposit with application of risk purchase provisions as felt appropriate by the Purchaser

A50 FORFEITURE OF PERFORMANCE GUARANTEE A51 In the event of BidderVendorContractor failure to attend the Guarantee defects within a reasonable

period of time the Performance Bank Guarantee will be encashed by the Purchaser The Purchaserrsquos decision

shall be final and binding on BidderVendorContractor

A60 SUPPLIES A61 The equipment products items Services to be supplied shall be strictly in accordance with the

Drawings Specifications Requirements indicated in the Tender Enquiry Order with deviations if any as

mutually accepted

A70 PROGRESS REPORTING amp MONITORING A71 Where so stipulated in the order the Bidder Supplier Contractor shall render such reports from time

to time as regards the progress of the contract and in such a form as may be called for by the Purchaser

A80 CANCELLATION OF ORDER A81The Purchaser reserves the right to cancel an order forthwith without any financial implications on either

side if on completion of 50 of the scheduled deliveryCompletion period the progress of

manufactureSupply is not to the satisfaction of Purchaser and failure on the part of the

BidderVendorContractor to comply with the delivery schedule is inevitable In such an event the

BidderVendorContractor shall repay all the advances together with interest at prevailing bank rates from the

date of receipt of such advances till date of repayment The title of any property delivered to Purchaser will

be reverted to the BidderVendorContractor at his cost

A82 In case of breach non-compliance of any of the agreed terms amp conditions of order contract MDL

reserves the right to recover consequential damages from the vendor contractor on account of such

premature termination of contract

A83 In case of delay beyond agreed period for liquidated damages or 10weeks from contractual delivery

period whichever is earlier MDL reserves the right to cancel the order and procure the order items services

from any available source at MDLrsquos option amp discretion and entirely at your risk and cost Extra expenditure

incurred by MDL in doing will be recoverable from Bidder Supplier Contractor

A90 PRESERVATION AND MAINTENANCE

A91 Should any material require any preservation till its final installationfitment the detailed procedure

(Long term amp short term) for the same as also the time of interval after which the state of preservation needs

to be reviewed is to be stated by the BidderVendorContractor

A92 Further the de-preservation prior to the materialequipment being commissioned and the maintenance

procedure together with its periodicity is also to be indicated by the Bidder Vendor Contractor

A93 The Bidder Vendor Contractor in their offer must confirm that indigenous oil lubricants and

preservatives etc can be used in the equipment The bidder must also give assurance that the equipment

performance will not be downgraded by use of indigenous equivalents

A100 FREIGHT amp INSURANCE

A101 For Indigenous Bidders In cases where the offers are for Door Delivery to Purchaser transit freight

amp Insurance charges shall be borne by the Bidder Supplier Contractor In other agreed cases of Ex-works

Ex-Transporters warehouse or Railway godown offers the Bidder Supplier Contractor on dispatch shall

give details of materials with dispatch particulars and their value in time to Purchasers Insurance Company

GM(M)MTI2000007617Passivation Station

Page 34 of 45

on the contact details as provided in the order In such agreed cases the freight amp insurance charges will be

paid by the purchaser directly to the parties concerned

A102 For Foreign Bidders For overseas supplies on CIF port of dispatch basis Transit Insurance shall be

arranged by the Purchaser The Bidder Supplier Contractor shall immediately on despatch of the

items inform all relevant details of despatch such as Order number Bill of LadingAWB number

marked as Freight Paid Insurance policydocument number of packages value of consignment

invoice number in time directly to Purchasers Insurance company amp Purchaser on the contact details

as provided in the order In case of delivery term other than CIFCIP the freight amp insurance charges

will be paid by the purchaser directly to the parties concerned

A110 TAXES amp DUTIES STATUTORY LEVIES A111 Taxes and duties applicable if any shall be regularized by MDL by issuing necessary exemption

certificates in respect of procurement for Defence Projects Bidder shall indicate separately the GST and

duties applicable in their offer When the items qualify for exemption partlyfully but the supplier did not

avail of the same the amount of taxes and duties on such supplies shall be to supplierrsquos account In cases

where exemption certificates are not issued for any reason taxes shall be paid as indicated in the Purchase

OrderContract Tax deduction at source will be effected wherever applicable (eg TDS under Income tax

Act TDS on Works Contract under GST Act etc) from the bills of the Supplier as per statutes Similarly

where payment of Custom duty is agreed to and stipulated in the Purchase Order Contract the same will be

paid by the Purchaser on receipt of supplierrsquos bills along with Custom Certified Duty Paid Challan-Money

Receipt in original or carbon copy as relevant These Challans Receipts Bill of Entry are to be drawn issued

in the name of lsquoMAZAGON DOCK SHIPBUILDERS LIMITEDrsquo only Where payment of GST is agreed to

and stipulated in the Purchase Order Contract the same will be paid by the Purchaser on the basis of

Suppliers TAX INVOICE wherein the GST Number along with HSN SAC code is indicated in the Invoice

A120 DEMURRAGE A121 Storage and Demurrage charges will be payable by the Bidder Vendor Contractor for all shipments

that reach purchaser without proper dispatch documentations Lorry Receipts not accompanied by packing

lists invoices etc The Supplier shall be responsible for fines due to errors or omissions in description weight

or measurements and for increased handling charges due to improper packing

A130 INSPECTION TESTING A131The ordered items will be inspected either by Classification Society Nominated Agency and or by

Inspection Officer nominated by Purchaser at stages defined in the tender Purchase Order or as agreed to be

defined subsequently in terms of the Purchase Order

A132 The decision of the Inspecting Authority or their representatives as the case may be on any question

of the intent meaning and the scope of Specifications Standards shall be final conclusive and binding on

the Bidder Vendor Contractor

A133 The Bidder Vendor Contractor shall accord all facilities to Purchasers Inspectors Nominated

Agency to carry out Inspection Testing during course of manufacture final testing

A140 RECEIPT INSPECTION BY MDL A141 MDL shall carry out necessary inspection of the items on receipt on the basis of an appropriate quality

assurance system and inspection system requirements along with representative of the Owner Any objection

raised by MDL Quality Control Team against quality of materials or workmanship shall be satisfactorily

corrected by the Contractor at his expense including replacement as may be required within shortest possible

time within 30 days Items damaged during transit shall also be rectified replaced by the Contractor within

shortest possible time payment for which shall be made at mutually agreed rates

A150 REJECTION OF MATERIALS A151 Should the articles or any portion thereof of the equipment be found defective rejected the Bidder

Vendor Contractor shall collect the same from the Purchasers Stores all incidental charges being borne by

him (inclusive of Custom duty if payable) within 30 days from the date of intimation to the Bidder Vendor

Contractor of such rejection The Purchaser reserves the right to dispose off the rejected items at the end of

a total period of 90 days in any manner to the best advantage to the Purchaser and recover storage charges

and any consequential damages from sale proceeds of such disposal

A160 TECHNOLOGICAL DEVELOPMENTS MODIFICATIONS

A161 The Bidder Supplier Contractor shall unconditionally and free of cost to the Purchaser transfer

information on technological developments innovations modifications which the BidderSupplier

Contractor would evolve in future (within 3 years) in relation to the supplied equipment To enable this the

Purchasers address shall be added to the Bidder Supplier Contractorrsquos mailing list or database or any other

document maintained for dissemination of product information and the Purchaser shall be informed of the

GM(M)MTI2000007617Passivation Station

Page 35 of 45

action taken in this regard If such improvements modifications are brought in by the Bidder Supplier

Contractorrsquos Design Department in the course of manufacture of equipment ordered by the Purchaser the

Bidder Supplier Contractor shall incorporate such improved versions in the equipment without any extra

cost to the Purchaser under Purchaserrsquos prior consent

A162 If the Purchaser be desirous of getting incorporated all post supply modifications improvements

arising out of technological developments to the original equipment supplied by the Bidder Supplier

Contractor the Bidder Supplier Contractor shall quote for and carry out all such modifications to the

equipment

A163 Where the whole or a portion of the equipment has been specifically developed by the Bidder

Supplier Contractor for the Owner and the latter would through the Purchaser be bearing the entire or part

of the development cost incurred by the Bidder Supplier Contractor the design rights for the whole or

portion thereof of the equipment as appropriate shall vest in the Owners

A164 Prior approval of the Owner should be obtained before similar articles are sold supplied to any other

party other than the Owner If such approval is given and sale is effected the Bidder Supplier Contractor

shall pay to the Owner royalty at the rate mutually agreed to

A165 The Sub-contractor Supplier Supplier shall continue to support the equipment for a minimum period

of 20 years from the date of supply by making available spare parts and assemblies of the equipment

supplied Should the Sub-contractor Supplier Supplier decides to discontinue the product for any reason

whatsoever adequate notice shall be given to the Purchaser Owner to enable procurement of the requisite

lifetime spares

A170 PURCHASERrsquoS RIGHT TO ACCEPT ANY BID PART OF BID AND TO REJECT ANY OR

ALL BIDS A171 The Purchaser reserves the right to accept and or reject any or all tenders and or to withdraw the tender

in Toto and or award the contract order in full or part to more than one vendor contractor without

assigning any reason whatsoever and without thereby incurring any liability to the affected Bidder or Bidders

or any obligations to inform the affected Bidder or Bidders of the grounds for MDL action

A180 BANK GUARANTEE INSURANCE COVER FOR FREE ISSUE MATERIAL A181 The Bidder Supplier Contractor shall furnish Bank Guarantee insurance Cover equivalent to the

value of materials supplied by MDL free of cost valid up to the execution of the contract delivery of

material inspected accepted and receipt at MDL together with the material reconciliation statement

whichever is later

A190 BIDDERrsquoS RESPONSE IN CASE OF NO PARTICIPATION A191 The Sub-contractor Supplier Vendor shall inform the Purchaser in advance in case he is unable to

participate in the tender for whatsoever reason Failure to comply with this will be viewed seriously and

consecutive three failures on the part of Sub-contractor Supplier Vendor to do so is liable for

disqualification debarring of the Sub-contractor Supplier Vendor from all future tender enquiries and or

delisting from the list of Approved Registered Vendors

A230 PREFERENCETIAL PURCHASE FROM MSE VENDORS ndash Not Applicable MDL has right to place order on MSE firm meeting following criteria

In tenders if participating MSEs quoted prices are within price band of L1+15 such MSEs shall also be

allowed to supply a portion up to 20 of requirement by bringing down their prices to L1 price where L1 is

non MSEs If more than 1 MSEs fall under such criteria then this 20 shall be distributed proportionally

This preference shall not be applicable where MSE firm is L1 firm out of 20 percent target of annual

procurement from Micro and Small Enterprises a sub-target of 20 percent (ie 4 percent out of 20 percent)

shall be earmarked for procurement from Micro and Small Enterprises owned by the Scheduled Caste or the

Scheduled Tribe Entrepreneurs In respect of items reserved for MSE extant guidelines shall be followed

Presently Circular No SO 581(E) dated 23032012 is applicable

GM(M)MTI2000007617Passivation Station

Page 36 of 45

Annexure-5

LOADING FACTORS A

Sr

No

Description Foreign Supplier

100 import content

Indigenous

Supplier with part

Import content

Indigenous

Supplier without

Import content

1 Basic Price Quoted

CIF

a a Ex Works

b b Delivered to

MDL Stores

a Ex Works

b Delivered to

MDL Stores

2 Add Insurance Charges Nil In case of 1 (a) In case of 1 (a)

3 Add Sea Air Freight charges

Inland Road Transport Nil In case of 1 (a) In case of 1 (a)

4

Customs Clearance Port

Handling Transportation to

Yard

Applicable NIL NIL

5

Cost (ex-MDL) excluding taxes

amp duties without loading

towards any deviations

CIF price +

SrNo4 Sr Nos (1+2+3) Sr Nos (1+2+3)

B LOADINGS DUE TO VARIATIONS IN FINANCIAL TERM

6 Variation in payment Terms

Varied payment terms quoted by bidders as compared to the terms stated

in the tender document shall be normalized on the amount(s) at variation

and or for the period (in no of days) at variation by adopting the Prime

Lending Rate of State Bank India plus 2 thereon incase of indigenous

bidders and LIBOR EURIBOR rates in case of foreign bidders

7

Income tax amp Service Tax on

Technical Services Service

Engineers liability to MDL

Normalization shall be done in respect of the amount of tax that have to

be borne by the Company

8 Production norms such as

scrap output ndash input ratio

9 Base date for price variation

clause

1

0

Cost (ex-MDL) excluding taxes

amp duties after loading for

variations in financial term

(SR Nos 5 + 6 + 7 + 8 + 9)

C LOADING ON ACCOUNT OF DEVIATIONS IN FOLLOWING COMMERCIAL TERMS

11

Security Deposit Contract

Performance Guarantee Mandatory

12

Equipment Performance

Guarantee Mandatory

13

Additional delivery period

sought over stipulated period as

per Tender

For the additional period sought by the bidder over the stipulated date of

delivery as per tender 050 per week for delayed period will be loaded

to the quoted price if the period under variation does not lead to bid

rejection criteria 14 Additional time sought for

supplying binding data

15 Liquidated damages per week

rate Maximum Ceiling

If bidder seeks less than 5 (Max ceiling) then the difference will be

loaded

The rate of LD per week or part thereof is 05 If bidder seeks say 04

per week or part thereof then Max Ceiling of LD will be equated to

weeks (Say 10 weeks) then LD proposed by bidder works out to 10 X 04

= 4 then 1 will be loaded

16 Warranty Guarantee

Deviations in respect of the period of Warranty shall be loaded to the

quoted price 025 per month or part thereof This does not arise if

the bidder quotes additional price for the differential period

GM(M)MTI2000007617Passivation Station

Page 37 of 45

17

Cost (Ex-MDL) excluding taxes

amp duties after loading for

variations on account of

financial and commercial terms

Sr Nos 10 + 11 + 12 + 13 + 14 + 15 + 16

D LANDED COST

18

Taxes amp Duties

19

Landed Cost Sr Nos 17 + 18

GM(M)MTI2000007617Passivation Station

Page 38 of 45

Annexure-6

LETTER OF CREDIT FORMAT FOR SHIPMENT BY SEA AIR

40A Form of Documentary Credit Type IRREVOCABLE

20 Transaction Reference Number Documentary

Credit Number

31C Date of Issue Date

31D Date and Place of Expiry Date

Place NEGOTIATING BANK

51A Applicant Bank BIC BANKERS OF MDLMUMBAI

50 Applicant Name amp Address MAZAGON DOCK SHIPBUILDERS LTD

DOCKYARD ROAD MAZAGON MUMBAI ndash

400 010

59 Beneficiary Name amp Address

32B Currency Code Amount

Currency

Amount

39A Percentage Credit Amount Tolerance

Tolerance 1

Tolerance 2

41D Available with hellipByhellip Name amp Address

42C Draft at hellip Narrative SIGHTNEGOTIATION

42D Drawee Name amp Address BANKERS OF MDLMUMBAI

43P Partial Shipments Narrative ALLOWEDNOT ALLOWED

43T Transhipment Narrative ALLOWEDNOT ALLOWED

44A Loading on Board Dispatch Narrative AIRPORT SEAPORT (AS PER TENDER

ENQUIRYORDER)

44B For Transportation to Narrative AIRPORT SEAPORT (AS PER TENDER

ENQUIRYORDER)

44C Latest Date of Shipment Date

46A Documents required Narrative (AS PER TENDER ENQUIRY)

47A Additional conditions Narrative 1 ALL DOCUMENTS SHOULD BE MARKED

WITH IEC CODE NO0388070412 LC NO

AND DATE AND IMPORT UNDER NON-

NEGATIVE LIST OF IMPORT EXPORT

POLICY AM

2 DISCREPANT DOCUMENTS TO BE SENT

STRICTLY ON COLLECTION BASIS

71B Details of charges Narrative ALL FOREIGN BANK CHARGES OUTSIDE

INDIA ARE FOR THE BENEFICIARYrsquoS

ACCOUNT

48 Period for presentation

Narrative

WITHIN ----- DAYS FROM THE DATE OF

BILL OF LADING AIRWAY BILL 49 Confirmation instructions

Instruction

WITHOUT

53D Reimbursing Bank

Name amp Address

BANKERS OF MDL WILL SPECIFY

78 Instructions to the Paying Accepting Bank

Narrative

BANKERS OF MDL WILL SPECIFY 72 Sender to Receiver Information

Narrative

BANKERS OF MDL WILL SPECIFY

GM(M)MTI2000007617Passivation Station

Page 39 of 45

Enclosure-7

PROFORMA BANK GUARANTEE FOR BID BOND EMD

(On Non-Judicial stamp paper of value Rs 500-)

IN CONSIDERATION OF MAZAGON DOCK SHIPBUILDERS LIMTED a company incorporated under the Companies Act 1956 and having its registered office at Dockyard Road Mumbai 400010 (hereinafter referred to as

the ldquothe Companyrdquo which expression shall unless it be repugnant or contrary to the subject or context thereof be

deemed to mean and include its successors and assigns) having agreed to accept the Earnest Money Deposit (EMD)

of Rs--------------------------- -------(Rupees-----------------------------only) in the form of Bank Guarantee from Messers

a partnership firmsole proprietor businessa company registered under the Companies Act 1956

having its office at (hereinafter called the tenderer which expression shall unless it be

repugnant or contrary to the subject or context thereof be deemed to mean and include its successors and assigns) for

participating in the Tender nodated (hereinafter called the tender which expression

shall include any amendmentsalterations to the tender issued by the Company) for the supply delivery at site

installation and commissioning of certain equipment itemservicescivil works etc We

Bank having office at (hereinafter referred to as ldquothe Bankrdquo which

expression shall includes its successors and assigns) hereby agree to pay to the Company without any demur on first

demand an amount not exceeding Rs (Rupeesonly) against any loss or damage costs charges and expenses caused to or suffered by the Company by reason of non performance and non-fulfilment or for

any breach on the part of the tenderer of any of the terms and conditions of the said tender

2 We Bank further agree that the Company shall be sole judge whether the said tenderer has

failed to perform or fulfil the said tender in terms thereof or committed breach of any terms and conditions of the

tender the extent of loss damage cost charges and expenses suffered or incurred or would be suffered or incurred by

the Company on account thereof and we waive in the favour of the Company all the rights and defences to which we

as guarantors may be entitled to

3 We Bank further agree that the amount demanded by the Company as such shall be final and

binding on the Bank as to the Bank s liability to pay and the amount demanded and the Bank undertake to pay the

Company the amount so demanded on first demand and without any demur notwithstanding any dispute raised by the

tenderer or any suit or other legal proceedings including arbitration pending before any court tribunal or arbitrator

relating thereto our liability under this guarantee being absolute and unconditional

4 We Bank further agree with the Company that the Company shall have the fullest liberty

without our consent and without affecting in any manner our obligations hereunder to vary any of the terms and

conditions of the said tenderor to extend time of performance by the tenderer from time to time or to postpone for

any time to time any of the powers exercisable by the Company against the tenderer and to forbear to enforce any of

the terms and conditions relating to the tender and we shall not be relieved from our liability by reason of any such

variation or extension being granted to the tenderer or for any forbearance act or omission on the part of the

Company or any indulgence by the Company to the tenderer or by any such matter or things whatsoever which under

the law relating to sureties would have the effect of relieving us

5 We Bank further undertake not to revoke this guarantee during its currency except with

the previous consent of the Company in writing

6 We Bank also agree that the Bankrsquos liability under this guarantee shall not be affected

by any change in the constitution of the tenderer or dissolution or winding up of the business of the tenderer

7 Notwithstanding anything contained herein above

i) Our liability under this guarantee shall not exceed Rs

ii) This Bank Guarantee shall be valid upto and including and

iii) We are liable to pay the guarantee amount or any part thereof under this Bank Guarantee only and only if you

serve upon us a written claim or demand on or before helliphelliphellip (validity + --- weeks from the date of expiry of this

guarantee)

8 This Guarantee shall be governed by Indian laws and the Courts at Mumbai India shall have the exclusive

jurisdiction

GM(M)MTI2000007617Passivation Station

Page 40 of 45

IN WITNESS WHEREOF the Bank has executed this document on this day

of

For Bank

(by its constituted attorney

or the person authorized to sign)

(Signature of a person authorized

to sign on behalf of the Bank)

GM(M)MTI2000007617Passivation Station

Page 41 of 45

Enclosure-8

PROFORMA BANK GUARANTEE FOR SECURITY DEPOSIT (ILLUSTRATIVE FORMAT)

(On Non-Judicial stamp paper of value Rs 500)

IN CONSIDERATION OF MAZAGON DOCK SHIPBUILDERS LIMTED a company incorporated under the

Companies Act 1956 and having its registered office at Dockyard Road Mumbai 400010 (hereinafter referred to as

the ldquothe Purchaserrdquo which expression shall unless it be repugnant or contrary to the subject or context thereof be

deemed to mean and include its successors and assigns) having placed an order on Messers

a partnership firmsole proprietor businessa company registered under the Companies Act 1956

having its office at (hereinafter called the Contractor Supplier which expression shall unless it

be repugnant or contrary to the subject or context thereof be deemed to mean and include its successors and assigns)

vide order No dated (hereinafter called the order which expression shall include any

amendmentsalterations to the order issued by the Purchaser) for the supply delivery at site installation and

commissioning of certain equipment itemservicescivil works etc as stated in the said Order and the Purchaser

having agreed with the ContractorSupplier to accept a Bank Guarantee in lieu of Security Deposit payable under the

said order for the fulfilment and performance of the said order We Bank having

office at (hereinafter referred to as the Bank which expression shall includes its

successors and assigns) hereby agree to pay to the Purchaser without any demur on first demand an amount not

exceeding Rs (Rupeesonly) being 5 of the order value against any loss or damage costs

charges and expenses caused to or suffered by the Purchaser by reason of non performance and non-fulfilment or for

any breach on the part of the Contractor Supplier of any of the terms and conditions of the said order

2 We Bank further agree that the Purchaser shall be sole judge whether the said

contractorSupplier has failed to perform or fulfil the said order in terms thereof or committed breach of any terms

and conditions of the order and the extent of loss damage cost charges and expenses suffered or incurred or would

be suffered or incurred by the Purchaser on account thereof and we waive in the favour

of the Purchaser all the rights and defences to which we as guarantors may be entitled to

3 We Bank further agree that the amount demanded by the Purchaser as such shall be final and

binding on the Bank as to the Bank s liability to pay and the amount demanded and the Bank undertake to pay the

Purchaser the amount so demanded on first demand and without any demur notwithstanding any dispute raised by the

ContractorSupplier or any suit or other legal proceedings including arbitration pending before any court tribunal or

arbitrator relating thereto our liability under this guarantee being absolute and unconditional

4 We Bank further agree with the Purchaser that the Purchaser shall have the fullest liberty

without our consent and without affecting in any manner our obligations hereunder to vary any of the terms and

conditions of the said orderor to extend time of performance by the Supplier from time to time or to

postpone for any time to time any of the powers exercisable by the Purchaser against the Contractor Supplier and to

forbear to enforce any of the terms and conditions relating to the order and we shall not be relieved from our liability

by reason of any such variation or extension being granted to the Contractor Supplier or for any forbearance act or

omission on the part of the Purchaser or any indulgence by the

Purchaser to the ContractorSupplier or by any such matter or things whatsoever which under the law relating to

sureties would have the effect of relieving us

5 We Bank further undertake not to revoke this guarantee during its currency except with

the previous consent of the Purchaser in writing

6 We Bank also agree that the Bankrsquos liability under this guarantee shall not be affected

by any change in the constitution of the Contractor Supplier or dissolution or winding up of the business of the

contractor supplier

7 Notwithstanding anything contained herein above

i) Our liability under this guarantee shall not exceed Rs

ii) This Bank Guarantee shall be valid upto and including and

GM(M)MTI2000007617Passivation Station

Page 42 of 45

iii) We are liable to pay the guarantee amount or any part thereof under this Bank Guarantee only and only if you

serve upon us a written claim or demand on or before helliphelliphelliphellip(validity + ---weeks from the date of expiry of this

guarantee)

8 This Guarantee shall be governed by Indian laws and the Courts at Mumbai India

shall have the exclusive jurisdiction

IN WITNESS WHEREOF the Bank has executed this document on

this day of

For Bank

(by its constituted attorney)

(Signature of a person authorised

to sign on behalf of the Bank)

GM(M)MTI2000007617Passivation Station

Page 43 of 45

Enclosure-9

PROFORMA BANK GUARANTEE FOR PERFORMANCE (ILLUSTRATIVE FORMAT)

(On Non-Judicial stamp paper of value Rs 500-)

IN CONSIDERATION OF MAZAGON DOCK SHIPBUILDERS LIMTED a company incorporated under the

Companies Act 1956 and having its registered office at Dockyard Road Mumbai 400010 (hereinafter referred to as

the ldquothe Purchaserrdquo which expression shall unless it be repugnant or contrary to the subject or context thereof be

deemed to mean and include its successors and assigns) having placed an order on Messers a

partnership firmsole proprietor businessa company registered under the Companies Act 1956 having its Registered

office at (hereinafter called the Contractor Supplier which expression shall unless it be

repugnant or contrary to the subject or context thereof be deemed to mean and include its successors and assigns)

vide order No dated (hereinafter called the order which expression shall include any

amendmentsalterations to the order issued by the Purchaser) for the supply delivery at site installation and

commissioning of certain equipment itemservicescivil works etc as stated in the said Order and the Purchaser

having agreed that the Contractor Supplier shall furnish a security for the performance of the Contractorrsquos

Suppliers obligations andor discharge of the Contractorrsquos Suppliers liability in connection with the said order and

the Purchaser having agreed with the ContractorSupplier to accept a performance guarantee We

Bank having office at (hereinafter referred to as the

Bank which expression shall includes its successors and assigns) hereby agree to pay to the Purchaser without any

demur on first demand an amount not exceeding Rs (Rupeesonly) being 10 of the order

value against any loss or damage costs charges and expenses caused to or suffered by the Purchaser by reason of

non-performance and non-fulfilment or for any breach on the part of the Contractor Supplier of any of the terms and

conditions of the said order

2 We Bank further agree that the Purchaser shall be sole judge whether the said

ContractorSupplier has failed to perform or fulfil the said order in terms thereof or committed breach of any terms

and conditions of the order and the extent of loss damage cost charges and expenses suffered or incurred or would

be suffered or incurred by the Purchaser on account thereof and we waive in the favour of

the Purchaser all the rights and defences to which we as guarantors may be entitled to

3 We Bank further agree that the amount demanded by the Purchaser as such shall be final and

binding on the Bank as to the Bank s liability to pay and the amount demanded and the Bank undertake to pay the

Purchaser the amount so demanded on first demand and without any demur otwithstanding any dispute raised by the

ContractorSupplier or any suit or other legal proceedings including arbitration pending before any court tribunal or

arbitrator relating thereto our liability under this guarantee being absolute and unconditional

4 We Bank further agree with the Purchaser that the Purchaser shall have the fullest liberty

without our consent and without affecting in any manner our obligations hereunder to vary any of the terms and

conditions of the said orderor to extend time of performance by the Supplier from time to time or to postpone for

any time to time any of the powers exercisable by the Purchaser against the Contractor

Supplier and to forbear to enforce any of the terms and conditions relating to the order and we shall not be relieved

from our liability by reason of any such variation or extension being granted to the Contractor Supplier or for any

forbearance act or omission on the part of the Purchaser or any indulgence by the Purchaser to the

ContractorSupplier or by any such matter or things whatsoever which under the law

relating to sureties would have the effect of relieving us

5 We Bank further undertake not to revoke this guarantee during its currency except with

the previous consent of the Purchaser in writing

6 We Bank also agree that the Bankrsquos liability under this guarantee shall not be affected

by any change in the constitution of the Contractor Supplier or

dissolutionhelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

7 Notwithstanding anything contained herein above

i) Our liability under this guarantee shall not exceed Rs

ii) This Bank Guarantee shall be valid upto and including and

GM(M)MTI2000007617Passivation Station

Page 44 of 45

iii) We are liable to pay the guarantee amount or any part thereof under this Bank Guarantee only and only if you

serve upon us a written claim or demand on or before helliphelliphellip (validity + ---weeks from the date of expiry of this

guarantee)

8 This Guarantee shall be governed by Indian laws and the Courts at Mumbai India shall have the exclusive

jurisdiction

IN WITNESS WHEREOF the Bank has executed this document on

this day of

For Bank

(by its constituted attorney)

(Signature of a person authorised

to sign on behalf of the Bank)

GM(M)MTI2000007617Passivation Station

Page 45 of 45

Enclosure-10

Electronic Payment Mandate Form

(MDL Bank details)

Name of the CompanyFirm Mazagon Dock Shipbuilders Limited

Address with Phone no Dockyard Road Mumbai ndash 400010

E-Mail ID

Phone No +91 22 23745310

Fax No

Particulars of Bank Account

Name of the Bank State Bank of India

Name of the Branch Mazagon Dock Mumbai Branch

Branch Code 9054

Bank IFSC NEFT Code SBIN0009054

Bank Address MBPT Workshop building NV Nakhwa Road Mazagon - 400010

City Name Mumbai

Telephone No of Bank +91 22 23752802

9 digit code no of bank amp branch

appearing on the MICR cheque

issued by your bank

400002120

Type of Account Current Account

Account No 10005255246

Income Tax PAN No AAACM8029J

Page 4: Final Tender - Mazagon Dock Shipbuilders...DIVISION-SHIP BUILDING DEPARTMENT-MATERIAL PROCUREMENT Tender no.: GM(M)/MTI/2000007617 for the Engineering, Manufacturing, Supply/Installation,

GM(M)MTI2000007617Passivation Station

Page 4 of 45

21 The flexible hoses should be made of a material compatible with seawater A standard

flange will be fitted in the ends They are designed and manufactured so to withstand their own

weight suspended from both ends They are protected against scratches caused by the hose

contact with the floor metallic edges etc

22 All the elements must fit in a standard container The necessary spaces for maintenance and

disassembly of the elements should be provided along with the necessary spaces for the station

operation 23 The station will be supplied with three-phase alternating current from the shipyard 415 V

network The network connection will be located in the outside of the container by means of a standard plug

24 All elements which need power supply will be provided with 415 V three-phase AC current If the measurement elements must work under a different voltage or under DC the necessary

elements for the correct equipment working (transformers rectifiers etc) will be provided inside the control panel or inside any other electric panel

25 The container will have the necessary elements for the correct ventilation of the inside of the

container Preferably this ventilation will be natural

26 The Safety Equipment must be in accordance with the standard requirements

27 The expected life duration is 35 years with normal maintenance operations 28 The normal maintenance operation will be as simple and will require a minimum additional

space 29 Materials

bull The material of the tank will be glass fiber reinforced plastic (GFRP) made up of type E glass fiber roving fabrics and polyester resin

bull The material of pipes and flanges will be galvanized

bull The materials of the flexible hose will be resistant to seawater resistant to fretting and

resistant to other agents (solar radiation etc)

bull The materials of all valves will be seawater resistant

30 Tests Under Pressure

The tests will be carried out with fresh water

Service pressure = 2 bar

Tightness test pressure = 3 bar

Resistance test pressure = 3 bar

31 Tests under working conditions

A working test of the station will be carried out so that the operative capacities of the station can

be verified The correct working of the electric pumps and in the control and signal panel of the

station will be verified Also the correct working of the automation system will be check as the adequate proportion in the generation of the mixing

General Conditions 1 The power supply available in the yard is 3 phase 415 V 50 Hz and 230 Volts 50 Hertz The

station should work on this power supply 2 All test parameters are to be recorded and submitted as part of documentation

3 Bidder has to submit the detailed technical specifications with the catalogues GA drawings Electrical drawings for control panels and circuit isolation protective panel if any operation

and maintenance manuals trouble shooting defect rectification in quadruplicate

4 All the materials used should have test certificates and conform to their respective

specifications and third party acceptance certificates are to be submitted to MDL

5 Bidder shall submit complete quality plan and get it approved by MDL within a month time

from the date of receipt of order

6 Firm shall supply 3 copies of operating and maintenance instruction manual to MDL and it

should indicate the following

bull Precautions to be taken during operation and maintenance

bull Trouble shooting chart and rectification methods

bull Recommended list of spares part

bull A print of as fitted drawings

GM(M)MTI2000007617Passivation Station

Page 5 of 45

7 Any deviation from the scope of work terms and condition to be listed separately

Spares

The Supplier should provide the following along with the passivation station

1Special maintenance tools emergency spares (mechanical electrical) and a list of the same to

be submitted with the offer

2Supplier to submit quote for 2 Years recommended maintenance spares indicating Part No

Quantity rate along with validity of rates etc along with offer 3 Minimum quantity of chemicals required for passivation (chemical spares) are Sodium

Chloride 250 Kg amp Iron Sulphate 250 Kg 4Spare Pump Qty-1 Nos with a discharge of 40 cubic meterhour and a discharge head of 22m

5Mechanical seal for the pump at SrNo4 Qty-3 Nos

Maintenance The normal maintenance operation should be simple amp require a minimum additional space

Inspection and Certification

1Third Party Inspection (viz IRS ABS DNV EIL) is to be carried out by the Bidder at their

own cost at factory for workmanship The stage of inspection (QA plan) to be submitted with 30 days after placement of order for approval by MDL

2Factory acceptance trial shall be witness by representative of MDL at supplier premises along with the third party inspection agency for which supplier has to send the prior information of at

least 20 days in advance The charges for MDL personnel will be borne by MDL 3In Factory Acceptance Trail (FAT) several test trail should be performed to verify the

capability of the equipment to meet the required quality of passivation on pipeline circuit The

supplier should submit the FAT procedure to MDL within 30 days after placement of order for

approval

4Receipt inspection shall be carried out on receipt of the equipment at MDL by MDL (QA-

EY) representative

Installation and Commissioning

1Supplier shall be responsible for setting to work and commissioning of the station at East

yard MDL The Supplier is solely responsible if commissioning period extends due to any

reason not attributed to MDL

2Supplier shall arrange all manpower tools and any other items required for commissioning of

the station

3Bidder to give the details of space required for installing the station power supply and any

other requirements to be provided by MDL for working of this system within one month from

the date of placement of order MDL will provide Electric supply compressed air and water free

of cost All charges of installation commissioning service Engineer to be borne by the Bidder

4Spares consumed while setting the passivation station to work commissioning shall be

replaced by the bidder one to one basis free of cost 5Foreign Bidders shall give details of their nominated servicing firm in India to carry out the

installation of the machine and after sales services

Training

Bidder has to impart complete training on operation amp maintenance of the station to Operatives

amp maintenance personnel after successful commissioning

Warranty 1Supplier shall warranty the performance of the station for a period of 12 months after

commissioning or 24 months after receipt of station at MDL whichever is earlier During this period defects if any shall be attended free of cost within 10 working days on being notified

GM(M)MTI2000007617Passivation Station

Page 6 of 45

2The Supplier shall supply the spares of equipment as and when projected for period of ten

years after acceptance of the machine

3Electrical and electronic components shall be so chosen from ranges for which after- sales

support and spares suppliers are guaranteed for a period of 10 years after acceptance of the

machine

Delivery Within 4 months from the date of placement of order Final acceptance of machine on site after

Verification that the machine is complete and conforms to the present specification and all checks are in conformity

30 Prequalification Criteria

31 Pre-Qualification CriteriaDocuments-

311 Bidders Company Profile and Organization Chart

312 Bidders supporting documents for type of company such as -

a Shop amp Establishment registration certificate

b Certification from registrar of firms

c Certificate of Incorporation by registrar of company

313 List of equipment held by them with model year working status along with details of their

manufacturing facilities and personnel with designation qualification and experience to

determine their capabilities NSIC SSI registered bidders are requested to submit the valid

registration certificate indicating the capacity alternatively

314 Audited Certified Balance sheet Profit Loss account for past 3 years(2016-17 2017-18 amp

2018-19)

315 The bidder should have a minimum average turnover of at least for Rs 5379000- during the

last 3 years and shall submit last three years ie 2015-16 2016-17 amp 2017-18 audited balance

sheet amp Profit amp loss account statement Documents should be in English language

316 The bidder should have executed orders of similar supplies of value of at least for

Rs 8965000- during the last 03 years from tender closing date and shall submit Purchase

order copies along with work completion certificate Documents should be in English language

Similar supplies defined as ldquoSupply installation and commissioning of PASSIVATION

STATIONrdquo

317 Declaration by bidders that the firm is GST registered Non GST registered registered under

composition scheme

318 Only bids from OEM will be consider against this tender

GM(M)MTI2000007617Passivation Station

Page 7 of 45

NOTE - (1) Submission of documents mentioned above is mandatory for every bidder Bidders need

to submit supporting documentary evidence in support of the Pre-Qualification Criteria Viz

Work Order Work Completion Certificate issued by the party for whom the work is done

(2) Bidders registered with Mazagon Dock Shipbuilders Limited should furnish copy of valid

registration certificate

(3) MDL has a right to demand for hard copy of any of the above documents any other document amp verify cause verification of authenticity of the said documents or may carry out

site visit whenever felt necessary Bidders shall comply with the same If the document

verification is not found satisfactory to MDL and on verification if the document is not found

authentic to MDL offer is liable for rejection MDLrsquos decision in this regard will be final and

binding on the bidder without stating any reason whatsoever it may be

4 Validity Period Bids Offers shall have a validity period of 120 days from the tender closing date A

bid valid for a shorter period will be liable for rejection by MDL as non-responsive Technically accepted bidder will be given opportunity to accept validity as per tender in case of short validity In case

of non-acceptance of validity as per tender term thereafter the firm offer will be rejected as non-

responsive

5 On-line submission of bids in Two-Bid System Offer must be submitted in two parts through E-

tendering system Bidders are requested to log on to httpseprocuremdlnicin for submission of bids

against above tender Bids must be submitted in Two parts ie Part-I (Techno-Commercial bid) and Part-

II (Price Bid) as appearing on-line

51 Part I Bid (Techno-Commercial bid)

511 Detailed Technical offer for technical scrutiny along with point-wise acceptance or

offered specifications against required specification Technical details catalogues

drawings data sheets calculations as applicable to be enclosedattached in

attachment provision given online

512 Bidders to carefully fill all listed online forms providing their

commentsAcceptancedeviations if any in the space provided online against

respective clauses of Technical specifications Tender terms amp conditions (TEF) GT

ampC and STACS etc

Un-priced format stating Quoted or Not Quoted whichever is applicable must be

selected from dropdown list in un-price bid form and applicable taxes must be

mentioned in respective tax column

513 Indigenous bidders to quote in INR amp Foreign bidders to quote in respective foreign

currency

514 Pre-qualification documents as listed at Para 3 above

515 Deviation Sheet if any shall be uploaded on-line for TEF STACS and GTampC

516 Enterprises status (If any) to be indicated in Part-I Micro Medium Small

515 The scanned image of receipt of NEFTRTGSBid bondSwift message towards

Earnest Money Deposit or Documents towards which EMD exemption is being

claimed as stipulated in TEF clause no 6 shall be uploaded at Part-I tender stage

The original of the NEFTRTGSBGBid bond swift message shall be forwarded to

GM (M) in sealed envelope superscribing Tender Enquiry No and Due date so as to

reach within 7 MDL working Days from the tender closing date addressed

To

GM (M)

II FLOOR MOGUL HOUSE

SOUTH YARD

MAZAGON DOCK SHIPBUILDERS LTD

GM(M)MTI2000007617Passivation Station

Page 8 of 45

DOCKYARD ROAD

MUMBAI- 400010

EMD payment can also be submitted as Bank Guarantee(BG)

52 Part-II (Price Bid)

521 Indigenous bidders to quote in INR on door delivery basis amp overseas bidders to

quote in foreign currency on CIF basis Indigenous bidders quoting in currency other

than INR will be liable for rejection

522 Bidder to fill their prices online strictly in the online price bid form only Prices amp

other charges (as listed in form) to be enteredfilled in the applicable

headcellcolumns only as prices in wrong headcellcolumn which are not applicable

to you (bidder) will finally affect your (bidders) total landed cost amp accordingly

ranking Wherever any charges from the listed charges are not applicable to bidder

then lsquozerorsquo to be entered in that respective headcellcolumn

Refer Illustrative format and guidelinerdquo at Annexure-2A for quoting prices in

online price bid form

523 In case of any discrepancy in the Blank Rate Schedule Format and actual On-line

Price Bid after opening of the Price Bids the details (GST and any charges)

mentioned in the On-line Price bid shall prevail over the details in blank rate schedule

format However the negotiated commercial terms before price bid opening will be

considered for ranking and evaluation as per Para15

53 Bidders in their own interest are requested to upload their bids well in advance of tender closing

date to avoid the last minute difficulties in uploading the bids

54 Problems in hardwaresoftware Internet connectivity system configurations Browser setting etc

for whatsoever reason shall not be considered for extension of tender closing date and time

55 Bidders quoting on behalf of overseas principals should quote in INR (Indian Rupees) on FOR

Door delivery basis with their principalrsquos authorization letter Overseas bidders to quote directly

in foreign currency on CIF basis amp also quote FOB amp installationCommissioning charges

additionally Currency to be quoted by foreign bidder in USDEURO

56 No Exemptions towards Custom duty is applicable amp hence no exemptions certificates will be

issued

GM(M)MTI2000007617Passivation Station

Page 9 of 45

6 Earnest Money Deposit (EMD) BID BOND

61 Bidders shall have to make payment towards EMD amounting to Rs 358600- (Rupees Three Lakhs Fifty Thousand Six Hundred only) directly from MDL payment Gateway the path

of which is provided at Enclosure-11 It is mandatory for bidders to make EMD payment through

MDL payment portal or NEFT RTGS

EMD payment in the form of BG is also accepted (Please refer Enclosure- 7 for EMD BG format)

Bidders have to enter Vendor Name Nature of Payment and Tender No in Text Narration

Field while making NEFT RTGS payment to Mazagon Dock Shipbuilders Limited Bank

Account No 10005255246 and a scanned copy of payment made to our Account should be

uploaded in Techno-commercial bid (Part-I) towards proof for submission of EMD against this

tender

a) Bidderrsquos offer will be categorically rejected if EMD payment will be made after tender due date and time to Mazagon Dock Shipbuilders Limited Account However bank

guarantee drawn in favor of MAZAGON DOCK SHIPBUILDERS LIMITED Mumbai from

the list of Banks approved by SBI Canara Bank published on MDL Website or bid bond swift

message of equivalent foreign currency for foreign bidders shall be forwarded GM (M) in

sealed envelope super-scribing Tender Enquiry No and Due date so as to reach us within 7

MDL working days from the tender closing date The scanned image of NEFTRTGS BG Bid

bondswift message shall be uploaded at Part-I tender stage The bid bond Bank Guarantee

should be valid for 120 days+4 weeks from the tender closing date Similarly authorized Indian

agent can submit BG from bank as per list of banks approved by SBI Canara bank as bank of

international repute published on MDL website on behalf foreign bank Bidders to advise their

bankbanker to send EMDBG directly to commercial department or through SWIFT to dispense

with additional step of verification of authenticity of signatories In case of EMD transmitted

through SWIFT it shall be the responsibility of the bidder that he directs the receiving banker

to forward the message duly authenticated to the concerned commercial officer mentioned in

the tender Bids without EMD other than those who are exempt from payment of EMD will not

be considered EMD of unsuccessful bidders will be returned after finalization of the tender and

shall be interest free Bids without EMD will not be considered

b) EMD of unsuccessful bidders will be returned after finalization of the tender and shall be interest free

MDL bank details for Direct Electronic transfer is as under

BENEFICIARYrsquoS

NAME MAZAGON DOCK SHIPBUILDERS LIMITED

NAME OF BANK STATE BANK OF INDIA

BRANCH amp ADDRESS MAZAGAON BRANCH MAZAGAON MUMBAI 400010

BR CODE 9054

ACCOUNT NO 10005255246 ACCOUNT TYPE CURRENT

ACCOUNT

IFSC CODE SBIN0009054 RTGS CODE SBIN0009054

NEFT CODE SBIN0009054 MICRNECS

CODE 400002120

INCOME TAX PAN

NO AAACM8029J GST ID 27AAACM8029J1ZA

62 EXEMPTION FROM SUBMISSION OF EMDBID BOND Following bidders shall be exempt from submission of EMDBid Bond

62 Following bidders shall be exempt from submission of EMDBid Bond

621 State amp Central Government of India departments Public Sector Undertakings

622 Firms registered with Mazagon Dock Shipbuilders Limited (MDL) for the items for

GM(M)MTI2000007617Passivation Station

Page 10 of 45

which the offer is being submitted (To qualify for EMD exemption firms should

necessarily submit VALID copy of the registration certificate issued by MDL in Part-

I offerbid Firms in the process of obtaining MDL registration will not be considered

for EMD exemption)

623 Firms registered with NSIC under its ldquoSingle Point Registration Schemerdquo

(Exemption will apply only to items service indicated under description of work

supplies services amp value up to which bidders are registered with NSIC) To qualify

for EMD exemption firms should necessarily submit VALID copy of the registration

certificate issued by NSIC in Part-I offer bid Firms in the process of obtaining

NSIC registration will not be considered for EMD exemption

624 Firms registered as Micro and Small Enterprises (MSEs) To qualify for EMD

exemption firms should necessarily upload VALID copy of the registration

certificate from the competent authority regarding their Micro Small Industry status

in Part-I offerbid

625 Commondeemed DPSU registered vendors qualify for EMD exemption Such firms

shall submit valid copy of the registration certificate issued by DPSUs (other than

MDL) for the itemsservices for which the offer is being submitted on Part-I

offerbid Firms in the process of obtaining registration in other DPSUs will not be

considered for EMD exemption

626 Green channel status vendors qualify for EMD exemption Such firms shall submit

valid copy of the green channel certificate issued by MoD for the items for which the

offer is being submitted in Part-I offerbid Firms in process of obtaining this

certificate will not be considered for EMD exemption

7 Bid Rejection Criteria

71 Following bids shall be categorically rejected

711 Bids received after tender closing date and time

712 Bids received without EMD (other than those who are exempted from payment of

EMD) as specified in the tender

713 Bidders not agreeing to provide assistance for installation Testing Commissioning amp other such Technical activities of equipment supplied by them

714 Bids received in any form other than through e-Portal

715 If the date of issue of EMD (DDBGSWIFT message) is later than the tender closing

date

72 Following bid rejection criteria may render the bids liable for Rejection

721 Bidderrsquos failure to furnish sufficient or complete details for evaluation of the bids

within the given period ranging in between 2 to 3 weeks depending on deficiencies

noticed in the drawing technical data which shall not however conflicts with validity

period

722 Incomplete misleading ambiguous bids in the considered opinion of TNC

723 Bids with technical requirements and or terms not acceptable to MDL Customers

External agency nominated as applicable

724 Bids without uploading pre-qualification documents where required as per the tender

GM(M)MTI2000007617Passivation Station

Page 11 of 45

725 Bids not meeting the pre-qualification parameters stipulated in the tender enquiry

726 Bidders not agreeing to supply spares post sale product support post work

completion support

727 High seas sales sales in transit

728 Unreasonably longer delivery period quoted by the firm

729 Validity period indicated by bidders is shorter than that specified in the tender

enquiry

7210 Bidders not agreeing to furnish required Security Deposit Required Contract

Performance Guarantee till completion of the supplies services as per contract

7211 Bidders not agreeing to furnish Performance Bank Guarantees for equipment

supplied services rendered or not agreeing for retention of equivalent amount by

MDL up to the period till completion of contractual and guarantee warranty

obligations

7212 Bidder not agreeing to quote as a single point responsibility for whole scope of work

(ie right from design supply of systemequipment till commissioning STW amp

training at MDL site)

7213 Bidders not agreeing warrantyguarantee Clause of tender (clause no 10)

8 Pricing Prices to be quoted on firm and fixed basis during the currency of the order contract

81 For Indigenous Bidders Indigenous Bidder shall quote the prices online of all items services listed in

the online price sheet format of the tender enquiry for delivery of the items in MDL store completion of

the work at MDL site The prices quoted shall remain firm and fixed during the currency of the order

contract unless agreed otherwise by MDL and should be inclusive of all cost towards Packing amp

forwardinginsurancefreight deliveryTransportation and transit insurance

82 For Foreign Bidders Bidder shall quote the prices online on the CIF Mumbai Port of destination

(India) basis only Prices on the basis of FOB factory or ex-works are not acceptable However FOB

cost shall also be quoted The prices quoted shall remain firm and fixed during the currency of the order

contract unless agreed otherwise by MDL To arrive at custom charge the foreign bidder(s) must submit

details viz (i) port of dispatch (ii) containerized dispatch (iii) Number of container (iv) Gross weight

9 Terms of Payment - MDL does not pay any advance Payment for Indigenous amp Overseas bidders

91 For Indigenous Bidders

911 Supply Installation commissioning amp training - Payment for the value of supply and services as reduced by any deductibles andor the amount

leviable towards liquidated damages if any may be payable through NEFTRTGSECS between 15-

20 days of completion of complete scope of work (ie after Supply Installation trials

commissioning and training) and against submission of documents in Triplicate including Delivery

challan(s) receipt inspection amp acceptance report warranty Guarantee certificate Test reports

Certificates if applicable Packing Lists Invoice Storage Preservation Maintenance Procedures

amp other Technical documentation in requisite sets as relevant and work completion certificate duly

certified by an officer from the user department in the rank of CM or above and submission amp

subsequent confirmation of performance bank guarantee for 10 of the total order value excluding

taxes

GM(M)MTI2000007617Passivation Station

Page 12 of 45

912 TReDS

Alternate MSME vendor payment through TReDS

ldquoIn order to address the financial needs of MSME firms GoI has introduced a platform for

facilitating the financing of trade receivables of MSMEs from buyers through multiple

financiers which is termed as Trade Receivables Discounting System (TReDS) At TReDS

auctioning of invoices at competitive amp transparent environment is done by financers based on

Buyerrsquos credit profile

MDL is registered on the Invoicemart TReDS platform and M1xchange of Ms Mynd

Solutions Pvt Ltd

MSME bidders desirous to receive payments through TReDS platform may avail the facility if

they are already registered on

1Invoicemart TReDS platform or by registering on it

Contact details at Invoicemart TReDS platform are as below

022 6235 7373 and a new mail id serviceinvoicemartcom

2 M1xchange

TReDS platform

or by registering on it

Contact details at M1xchange TReDS platform are as below

+91 9920455374 MsAshwathi Jayandran email id ashwathijayandranm1xchangecom

+91 8839915724 Ms Prinyaka Shah email id prinyakashahm1xchangecom

MSE bidders upon successful delivery shall submit their invoices along with the mandated

enclosures at MDL Central Receipt Section MSE vendors desirous to receive payments through Invoicemart TReDS platform or M1xchange TReDS platform shall submit their TReDS

details along with the invoice at MDL Central Receipt Section Upon receipt and acceptance of the

supplied material and receipt of invoices with the mandated enclosures MDL shall process the

invoice for payment on Invoicemart M1xchange TReDS platform Any unfinanced invoices

invoices of MSE bidders seeking payment from MDL directly shall be processed as per the Standard

payment terms agreed in PO contractrdquo

92 For OverseasForeign Bidders

(A)

Payment through LC - Payment against irrevocable letter of credit (LC)

established through our bankers as per format at illustrative Annexure 6 For opening

LC Supplier should essentially furnish their clear amp timely acceptance of the order

For opening LC all charges outside India shall be borne by the beneficiary

(Supplier) Additional loading of prices (A) towards charges incurred in LC opening

by MDL and (B) Interest for period of 20 days base rate of SBI+2 on payment

amount is to be considered while evaluating foreign bidders for ranking purpose In

case supplier seeks LC amendment for no fault of MDL or requires confirmation of

LC then all charges towards LC amendment or confirmation of LC respectively

shall be borne by the Supplier LC will allow Payment on timely presentation of

following documents through bank Opening of LC shall be before one month of

the schedule for dispatch or before such period as may be discussed and mutually

agreed to in the PNC (Price Negotiations) The time limit for opening of LC and or

amendment for LC shall be 7 days or within such no of days as may be stipulated in

purchase orderContract Delay in opening of LC can lead to corresponding delay in

delivery and hence no LD is applicable on such delayed portion

LC will be opened accordingly after receipt of intimation about readiness of

Material items equipments LC shall be valid for 89 days Firm to sendsubmit

documents as listed in Para 921 to 9212 below in originals for custom clearance of

material to MDL directly after shipment

GM(M)MTI2000007617Passivation Station

Page 13 of 45

For Items-

921 Set of Original + 2 Copies of signed Invoice showing item wise prices as per the order

922

Set of Original + 2 Copies of signed Packing List clearly showing list of items

packed Specifying unit as per Indian Custom Tariff

923

Set of Original + 2 Copies Clean on Board Bill of Lading OR Air Way Bill made in

the name of MDLrsquos Bank and Marked as freight paid

924

Set of Original + 2 Copies of Certificate of approval OR Release Note from MDL

nominated Inspection agency or Work completion performance certificate or

Dispatch clearance from MDL

925 Certificate of country of origin in Original + 2 Copies by chamber of commerce

926 Original + 2 Copies of Warranty Certificate in prescribed format

927

Original + 2 Copies of all Manufacturerrsquos Test Certificates (MTCs) Reports

Drawings Manuals Procedures etc as relevant to the ordered item

928

Original + 2 Copies of Performance Bank guaranteeequivalent BG wherever

applicable

929

Certificate Confirming that supplier has couriered dispatched 03 sets of Non

Negotiable Documents comprising of all Test reports MTCs Technical

Documents Drawings Manuals Procedures etc and of Signed Invoices Packing

Lists Bill of LadingAWB MDL nominated Inspection Agencyrsquos Certificate of

approval Country of Origin Certificate Warranty Certificate Performance Bank

Guarantee directly to MDL

9210

Original + 2 Copies of the Certificate issued by the classified society confirming

seaworthiness of the vessel and that the shipment is made on vessels of not more

than 15 years vintage (Applicable in case of CIF contracts orders agreed by MDL)

9211

Certificate issued by MDL confirming that the delivery is made in time and no

penalty is applicable OR in case of delays admissible amount of penalty will be specified by MDL in this certificate for reduction of equal amount from supplierrsquos

invoice (MDL will issue this certificate generally by e-mail or FAX immediately on

receipt of signed copy of invoice packing list approval certificate of the nominated

inspection agency date of the proposed shipment amp copies of BL or AWB or any

other acceptable documents confirming supplierrsquos readiness dispatch)

9212

Certificate confirming that the shipping instructions (inclusive of packing) have

been followed while packing shipment and forwarding of details for insurance to

MDL

Important Notes for Foreign Bidders 1 All the documents should clearly indicate the Purchasers Order number Import

License Number Airway Bill Bill of Lading Number

2 Foreign Bidders must submit the Letter of Credit format duly filled as per Annexure- 6

of the tender

3 To arrive at the custom charges the foreign bidders must submit the following details

along with the Part ndashI Bid -

(a) Port of dispatch to be clearly specified

(b) Containerized dispatch Break bulk

(c) No of required containers with their size amp type (20Feet40 FeetOpenClosed)

(d) Gross weight

(e) Any other specific handling Instructionsconditions of consignment

GM(M)MTI2000007617Passivation Station

Page 14 of 45

10 GuaranteeWarranty Supplier shall warranty the performance of the Passivation station for a

period of 12 months after commissioning or 24 months after receipt of station at MDL

whichever is earlier

During this period all defects arising out of defective material and faulty workmanship will be

rectified by repairing or replacing part or whole material as necessary free of charge on door

delivery basis Any consequential damagedefect or loss of items due to poor

workmanshippoor material qualitynegligence etc attribute to the bidder to be rectifiedreplaced by the bidder free of cost All the necessary spares tools Service engineers

amp Mechanics required for repairs to be arrange by vendor at no extra cost and machine to be

put into operation at the earliest

11 Performance Bank Guarantee (PBG) The Successful bidders will have to submit PBG in the prescribed format from the list of

Banks approved by SBI Canara Bank published on MDL Website for 10 of the Order value

excluding taxes etc valid for 13 months (validity 12 months + 1 month claim period) from the date of supply or offer your consent to MDL for retention of 10 of order value towards

PBG Bidders may advise their bankbanker to send BG directly to commercial department or

through SWIFT to dispense with additional step of verification of authenticity of signatories

In case of BG transmitted through SWIFT it shall be the responsibility of the bidder that he

directs the receiving banker to forward the message duly authenticated to the concerned

commercial officer mentioned in the tender

12 Bidder shall abide by all Standard Terms and Conditions of Supply (STACS) GTampC and

accordingly contract will be governed as per uploaded form at Stage Name Part ndashI (Techno-

Commercial Bid) Deviation if any shall be clearly indicated In case of discrepancy clauses

mentioned in Tender Technical Scope and Rate sheet will override the clauses mentioned in

other annexure including STACS amp GTampC In event we do not receive acceptance forms

dully filled for TEF STACS and GTampC it shall be presumed that all our terms and

conditions of tender are acceptable to you

13 Taxes amp Duties - The item-wise rates quoted in the Rate Sheet should exclude GST and

duties

131 For Indigenous bidders The rate sheet to be enclosed with the tender will indicate

the rates under each tax head viz GST

a Only those bidders who indicate the taxes amp duties separately as above all

shall be entitled for consideration of change in corresponding rates in case

of variation in statutory levies

b Supplierbidder will not be entitled to any increase in rate of taxes

occurring during the period of extended delivery schedule if there is delay

in supply completion attributed to him however if there is a decrease in

taxes the same must be passed on to MDL

c Wherever all-inclusive prices are quoted by the bidders without bifurcation

of tax elements no escalation can be considered in respect of any variation

in statutory levies arising subsequently because of the absence of the

required base figures in the purchase order contract

132 GST as per GST Laws shall be payable extra as quoted and agreed

133 In case of Purchase of goodsservices from unregistered dealers under GST laws

GST will be paid by MDL under reverse charge mechanism

134 Benefits from reduction in rate of taxITC are required to be passed on to

consumer Where ldquoapplicable GSTrdquo has been quoted as extra Goods and service

providers (except un-registered dealers under GST Law) have to submit

declaration that they have complied with lsquoAnti ndashprofiteering clausersquo under GST

Law Such declaration be given in technical bid

GM(M)MTI2000007617Passivation Station

Page 15 of 45

135 Where the quoted price is claimed to be inclusive of taxes (by other than

composite vendor) MDL consider it as net price on which GST is payable In

such cases the GST may be paid by MDL directly to GSTN under reverse

charge mechanism or otherwise for which no input tax credit will be available to

vendor and vendor is deemed to have confirmed that he will not claim ITC for

such items

136 If the vendor is registered under GST vendor shall mention the HSN code for

goodsampor services in their tax invoice etc These codes must be in accordance

with GST Laws and responsibility of specifying correct HSN code for goodsampor

services is that of the vendor MDL shall not be responsible for any error in HSN

code for goodsampor services specified by suppliercontractor Suppliercontractor

shall pay penalty andor interest imposed on MDL or any loss due to delay in

availing ITC by MDL or any loss of ITC to MDL due to error by vendors at any

stage MDL reserve right to recover any such interest penalty or loss from any amount due to supplier contractor or vendor shall reimburse make good such

loss within 15days after intimation by MDL or otherwise

137 In case MDL is unable to avail ITC suppliercontractor at their own cost shall

rectify the shortcoming in the returns to be filed immediately thereafter Further

if the ITC is delayed denied to MDLreversed subsequently as per GST Laws due

to nondelayed receipt of goods andor services andor tax invoice or expiry of

timelines prescribed in GST Laws for availing ITC non-payment of taxes or non-

filling of returns or any other reasons not attributable to MDL supplier

contractor shall pay any loss of amount along with interest and penalty on MDL

under GST Laws for the number of days the ITC was delayed If the shortcoming

is not rectified by suppliercontractor and MDL ends up in reversal of credits

andor payments suppliercontractor is fully liable for making good all the loss

incurred by MDL MDL reserve right to recover any interest penalty or loss from

any amount due to suppliercontractor or otherwise

138 If the vendor is registered under GST the GST registration number (15 digit

GSTIN) issued by GOI shall be mandatorily provided by the vendor Vendor

having multiple business verticals within state at multiple states with separate

GST registration numbers shall forward GSTIN of only that vertical which is

involved in supply of goods andor services MDL GSTIN is

27AAACM8029J1ZA and vendor shall mention the same while invoicing and

avoid any data entry error on GST portal

139 If the vendor is registered under GST vendor shall ensure timely submission of

invoice as per the provisionsrequirementstimeline promulgated by GOI in

relation to GST Laws with all required supporting documents to enable MDL to

avail input tax credit promptly The vendors invoice inter alia should contain

GSTIN of vendor GSTIN of MDL (ie 27AAACM8029J1ZA) GST tax rate

separately HSN code wise goods or services Place of supply signature of vendor

etc Original invoice needs to be submitted to Bill Receipt Centre at MDL gate

and a copy of the invoice should be given to the GRS Stores

1310 If the vendor is registered under GST vendor shall file all applicable returns

under GST Laws in the stipulated time and any losses of tax credit to MDL

arising due to delay in filling will be recovered from their invoice wherever MDL

is eligible to avail tax credit Any default towards payment of tax andor

uploading of monthly returns by supplier contractors MDL retains right to

withhold payments towards tax portion until the same is corrected and complied

by the suppliercontractor with the requirement of GST along with satisfactory

evidence

GM(M)MTI2000007617Passivation Station

Page 16 of 45

1311 The rate sheet enclosed with the tender will indicate the rates to be entered under

each head wherever applicable Bidder must clearly mention the applicable taxes

amp duties The item-wise rates (ie Basic + PampF + FampI) quoted in the rate sheet

should exclude taxes amp duties Bidder should indicate GST rates as applicable

separately under each of the head in the same rate sheet which will be paid extra

based on tax invoice to the extent applicable The GST will be applicable on total

basic rate of each item (ie Basic +PampF +FampI)

1312 If the vendor changes his registration status from composition dealer to normal

registered dealer under GST Law the vendor has to inform MDL immediately

Further his contract price under GST needs to be negotiated since as a normal

dealer he will have benefit of ITC which he should pass on to MDL

1313 Bid Evaluation Clause - I) As per GST Law ITC is not available

a) For goods and services which are not in furtherance of business

b) In some cases for eg rent a car life insurance work contract services for

immovable property as mentioned under section 17 of GST Act 2017 In such cases

evaluation of bid is inclusive of GST quote by bidder

II) In all other cases ie goods and services not covered under sr no I above

evaluation of bid is exclusive of GST quoted by bidder

III) Further in the case of composition dealer since composition dealer is not

allowed to charge GST in such case evaluation of bid will be on the price quoted by

bidder

1314 For Overseas Bidder All taxes applicable outside India shall be borne by overseas

bidder

a In case of foreign bidders all taxes duties statutory levies and charges which

are to be paid for the delivery of goods amp services shall be paid by the parties

under the present contract in their respective countries MDL shall bear and pay

all taxes duties and statutory levies in India in connection with the execution

andor performance of this contract wrt deliverables delivered and service

rendered as per contract excluding income tax applicable on service charges

b Foreign bidder shall submit tax residency certificate (TRC) in Part ndashI offer In

case of remittances to foreign companies for services as per income tax act and

DTAA provisions TDS shall be carried out from the amount payable towards

services As per the extant applicability and existing rates following cases

pertaining to TDS are presented for clarity

i Case 1 (TRC is made available by foreign bidders) Tax deduction at

source (TDS) 15 of total service payment is applicable If this is

not agreed to by the bidder in the bid or during TNCCNC then this

shall be appropriately loaded as per applicable rates on the price for the

purpose of ranking However bidders to note that TDS rates DTAA

rates differ from country to country It varies from10 to 25

ii Case 2 (TRC is not made available by foreign bidders) Tax deduction

at source (TDS) at the rates as mentioned in the table below is

applicable If this is not agreed to by the bidder in the bid or during

TNCCNC then this shall be appropriately loaded as per applicable

rates on the price for the purpose of ranking These rates shall be as

under

GM(M)MTI2000007617Passivation Station

Page 17 of 45

Service Payment slabs (converted in

INR)

Rate of TDS applicable on total

service payment

Up to value of INR 1 Cr 2575

Above 1 Cr Up to 10 Cr 2626

Above INR 10Cr 270375

14 Loading Criteria Deviations sought by the bidder in respect of Custom Duty exemption

Freight Insurance Payment terms shall be loaded on the bidders quoted prices during price

evaluation by MDL Among the equal bids bidders with ISO 9000 series accreditation over

Non-ISO bidders firstly Manufacturers then their authorized dealers will be given preference

The loading criteria that will be adopted are detailed below amp also as per Enclosure-5

141 It is desirable that the bidder accepts the Payment Terms indicated in clause 9

above Varied payment terms quoted by bidders as compared to the terms stated

in the Tender document shall be normalized by applying SBI Prime Lending

Rate (prevailing at the time of opening of Price bid) plus 2 pa rate of interest

for the period at variation (For Indigenous bidder) amp for overseas bidder the bids

will be normalized at LIBOREURIBOR rate plus 2 for ranking of the bids

142 In case of Foreign supplier the basic cost (CIF) shall be the basis for comparison

of quoted price Custom Duty Custom clearance Port handling transport

charges to the yard will be added to CIF cost to arrive at door delivery cost

143 Delivery of the goods at MDL premises should be the responsibility of the

vendor However for unavoidable reasons if bids are exclusive of transport

andor insurance the same will be loaded at the cost to be incurred by MDL

144 For the additional delivery period sought by the bidder over the stipulated date of

delivery as per Tender 050 per completed week will be loaded to the quoted

price

145 Deviations sought in respect of Liquidated Damages (LD) Deviations sought in

respect of rate per week and or maximum ceiling in respect of liquidated

damages shall be loaded to the quoted price For eg The maximum ceiling

towards liquidated damages stipulated in the tender is 5 and the bidder seeks to

limit it to say 35 then the price quoted will be loaded by 15 If the rate of

LD per week is 05 per week or part thereof as per tender and the bidder seeks

it as say 04 per week or part thereof the maximum ceiling on L D as per

tender will first be equated to weeks (10 weeks in this case) and the rate proposed

by the bidder ie 04 will be multiplied by the so equated maximum Period

(which works out to 4) and the quoted price will be loaded accordingly by 1

Delivery being the essence of the contract it is desirable if the bidders adhere to

the stipulated clause

146 Deviations in respect of the period of Warranty shall be loaded to the quoted price

025 per month or part thereof This does not arise if the bidder quotes

additional price for the differential period

147 The ranking of price bids shall be done overall L1 basis excluding GST (ie total

of basic price exclusive of GST quoted by bidder) In these cases the variation in

statutory levies etc are not allowed unless the breakup in respect of taxes duties

GM(M)MTI2000007617Passivation Station

Page 18 of 45

are clearly and separately furnished in bid

148 For opening LC all charges outside India shall be borne by the Beneficiary

(supplier) Additional loading of prices (A) Towards charges incurred in LC opening

by MDL and (B) Interest for period of 20 days base rate of SBI+2 on payment

amount is to be considered while evaluating foreign bidders for ranking purpose

15 Ranking of Bids amp Determination of L-1 Bidders Ranking of price bids shall be done on overall L1 basis with exclusive of GST

If any variations in statutory levies the break up in respect of any charges is clearly

and separately furnished in the bid and the MDL is satisfied that the rates of taxes

indicated therein are in line with the tax law so that escalation due to variation in the

taxes can be justifiably considered to the extent legitimately allowable on the base

amount(s) indicated in the bid Therefore bidder is requested to show the break up

regarding taxes as applicable in the bid

Note 1 In case of overseas supplier the ldquoCIF cost+ Inspectiontesting charges+ Installation

Commissioning charges+ custom duty+ IGST (if ITC is not available) + Custom

Clearance +port handling +transportation charges to the yard if any + LC opening

charges + interest for period of 20 days base rate of SBI +2 on payment amount

ldquoshall be the basis for comparison of quoted price Custom duty IGST Custom clearance Port handling transport charges to the yard will be added to CIF cost to

arrive at door delivery cost

2 If Service Component exists in an offer from a foreign vendor then Tax Residency

certificate (TRC) should be submitted with Part I offer If no TRC is submitted then

the enhanced Income Tax rate and Service Tax thereon will be considered while

determining L-1

3 Techno-Commercially Qualified overall lowest bidder exclusive of GST will be

considered for the placement of order 4 On-line Ranking visible to the bidders after opening part II price bid is without

loading parameters However the L1 bidder will be evaluated offline after

consideration of all applicable loading parameters as mentioned in the tender

document and commercial terms

5 In case of any discrepancy in the Blank Rate Schedule Format and actual Online

Price Bid after opening of the Price Bids the details (GST) mentioned in the On-line

Price bids shall prevail over the details in blank rate schedule format

6 ldquoBasic costrdquo is defined as ldquoDoor delivery cost (excluding GST)rdquo which includes

packing amp forwarding Delivery insurance registration charges and any cost involved

as per scope of work towards material and services basic cost of Installation

commissioning and inspection amp testing

7 ITC can be availed by MDL for the items as notified under GST ACT 2017 ITC

can be availed by MDL for registered bidder and for unregistered bidder under

reverse charge mechanism Since no ITC can be availed in case of bidders registered

under composition scheme their quoted cost will be considered for ranking

comparison purpose

16 Consignee The Successful bidders shall arrange dispatch of goods by appropriate Rail Road

Sea Air transport mode as per the order to lsquoEAST YARD STORESrsquo and further to user dept

on working days (Monday to Friday) between 800 hrs to 1500 hrs (Lunch Time 1130 to 1200

hrs) In case trucktempo reaches our yard beyond above time the same may be retained over

night at your risk amp cost

An advance copy of invoices along with other relevant documents shall be forwarded to the

purchaser sufficiently in advance to enable clearance of cargo within allowed demurrage free

days to avoid demurrage In case of door delivery orders the supplier shall categorically direct

the transporter to deliver the ordered items without insisting for consignee copy of the Lorry

Receipt

GM(M)MTI2000007617Passivation Station

Page 19 of 45

17 Modifications to the Bids Bidder desirous of submitting modified bid prior to the closing

date and time may do so online not later than deadline of submission of bids Please note that

modified bid shall be submitted through e-procurement system only Bidder can change the

submitted bid any number of times till the closing time and the last changed bid will be

considered for ranking of the bids

18 PURCHASE PREFERENCE TO MAKE IN INDIA As per Public Procurement Order Ref No P-4502122017-B E-II Dtd 15062017 issued by Govt

of India to encourage ldquoMake in Indiardquo policy Purchase Preference shall be given to local suppliers

in the following manner

(a) The terminology definitions used in the said order is as below

(i) ldquoLocal contentrdquo means the amount of value added in India be the total value of items procured

excluding net domestic indirect taxes) minus the value of imported content in the item (including

all customs duties) as a proportion of the total value in percent

(ii) ldquoLocal Supplierrdquo means a supplier or service provider whose product or service offered for procurement meets the minimum local content as prescribed under the said Order or by the

competent Ministries Department in pursuance of said order A Local Supplier can be an Indian

or Foreign bidder

(iii) ldquoMargin of Purchase Preferencerdquo means the maximum extent to which the price quoted by

local supplier may be above the L1 for the purpose of purchase preference The margin of

purchase preference for the present tender is 20

(b) Minimum local content

(i) The minimum local content in the offer is to be not less than 50 for the present tender for a

bidder to be considered as a Local Supplier

(ii) The local content can be increased through partnerships cooperation with local companies

establishing production units in India or Joint Ventures (JV) with Indian suppliers increasing the

participation of local employees in services and training themrsquo

(iii) On opening of the price bids if it is identified that there is difference in price receive amp

declaration made and local content is now not meeting the specified tender requirement (ie only

on the quoted price without any loading) then such case will be processed without any purchase

preference

(c) Declaration by Local Supplier Local Supplier should declare that the item and service

offered meets the minimum local content amp indicate its percentage in their offer which shall meet

(or even offer more) required content as specified in tender This declaration is necessary even if

Custom Duty Exemption and or ERV (if applicable) are not being sought Following documents

are to be submitted in technical offer ndash

Part-I bid

(i) Local Component list ie Items and services which are being procured produced domestically

by supplier in the system equipment service offered against tender This list shall include all the

components raw materials sub services etc

(ii) Foreign Imported Component list ie Items and services which are being supplied by bidder

from outside India in the system equipment service offered against tender This list shall include

all the components raw materials sub services etc

(iii) Bidders shall give the details of the location(s) at which the local value addition is made

Additionally location(s) details from where foreign imported components are being supplied be

also informed

(iv) Bidders shall give the price break-up in percentage for ldquoLocal Componentrdquo and ldquoForeign

Imported Componentrdquo

(v) Custom duty applicable on FE component for all foreign items (vi) The Local Suppliers are required to provide self-certification as per Annexure-11

Note In cases of procurement for value in excess of Rs 10 Crores the local supplier shall be required to

provide a certificate from statutory auditor or cost auditor of the company (in case of companies)

or from a practicing cost accountant or practicing charted accountant (in respect of supplier other

GM(M)MTI2000007617Passivation Station

Page 20 of 45

than companies) giving the percentage of local content amp applicable item wise custom duty

Once the declaration certification is committed at tender submission stage the same cannot be

altered at technical negotiation stage or after award of contract otherwise would be treated

considered as false declaration by bidder

In the event of bidders not declaring or declaring less local content percentage in the offer MDL

will consider quote bid of such bidders with local content as ldquo0rdquo or ldquoNILrdquo ie the offers of such

bidders will be treated as a ldquoNon Local Supplierrdquo where no purchase preference shall be granted to these bidders

(d) If the Local Supplier is also a MSE Vendor seeking the benefit of Public Procurement Policy

for MSEs Order 2012 then such bidders should not seek benefits against the Preference to Make

in India policy ndash Order 2017 Such bidders should categorically seek benefits of only one policy

which cannot be modified subsequently once declared in the Annexure-A referred above while

submitting the bid

(e) Custom duty issue Imported FE content is inclusive of all custom duties which is required

for arriving local content Bidders to note the following about declaration of FE Content

(i) All bidders should upfront declare line item wise custom duty duly certified Such declared

custom duty percentage will only be considered for arriving local content

(ii) In the event if the rate of custom duty is found higher than the declared custom duty by bidder

then the bidderrsquos declaration shall be final for arriving L1 bid Also in such case the difference in

custom duty would be to bidders account In case of foreign bidders the same would be to bidders

account and shall not be borne or reimbursed by Shipyard

(iii) In the event of rate of custom duty happens to be lower at the time of clearance of goods then

actual custom duty shall be payable

(iv) Notwithstanding above local content shall be calculated based on the declared custom duty by

the bidder in techno-commercial bid

(f) Preference to Local Supplier The following procedure will be adopted for deciding on

preference to Local Supplier over a non-local supplier wrt Public Procurement (Preference to

Make in India) order 2017

(i) Among all qualified bids the lowest bid will be termed as L1 If L1 is from a local supplier the

contract will be awarded to L1

(ii) If L1 is not from a local supplier the lowest bidder among the local suppliers will be invited

to match the L1 price subject to local supplierrsquos quoted price falling within the margin of purchase

preference and contract shall be awarded to such local supplier subject to matching the L1 price

(iii) In case such lowest eligible local supplier fails to match the L1 price the local supplier with

the next higher bid within the margin of purchase preference shall be invited to match the L1 price

and so on and contract shall be awarded accordingly In case none of the local suppliers within the

margin of purchase preference matches the L1 price then the contract may be awarded to the L1

bidder

(g) Preference between LS and MSE Bidder This clause is applicable only if line items are

separable and MSE preference clause is also applicable Between the MSE and Local

Supplier the MSE bidder will be given preference to match with L1 bidder as per Public Procurement Policy for MSEs Order 2012 MSE vendor will be evaluated with L1+15 MSE

doesnrsquot fall under Public Procurement (Preference to Make in India) Order 2017 Local Supplier

will be evaluated with L1+20 (Margin of Purchase Preference ordinary) as per Public

Procurement (Preference to Make in India) Order 2017

(h) After the contract is awarded and the supplies are completed each supplier shall provide the supporting documentation towards realization of committed Local Content as per the contract

order terms amp conditions

In addition to these documents a ldquoLocal content certificaterdquo also shall be submitted stating the

percentage of local content in the items or services measured The ldquoLocal content certificaterdquo shall

be submitted along with the invoice

Note In cases of procurement for value in excess of Rs 10 Crores the local supplier shall be

required to provide a certificate from statutory auditor or cost auditor of the company (in case of

GM(M)MTI2000007617Passivation Station

Page 21 of 45

companies) or from a practicing cost accountant or practicing charted accountant (in respect of

supplier other than companies) giving the percentage of local content

(i) False declaration will be in breach of Code of Integrity under Rule 175(1)(i)(h) of GFR 2017

for which a bidder or its successor can be debarred for up to 2 years as per Rule 151(iii) of GFR

2017 along with such other actions as may be permissible under law

(j) Complaints Grievance Any complaints grievances relating to implementation of this order

shall be taken up by Public Grievance Cell of MDL headed by GM(F-PampS) Fees for filing a complaint under the order shall be Rs 10000- per case The complaints shall be filed to the

Chairman Public Grievance Cell The fee shall be deposited in MDLrsquos Account by NEFT

19 Public Grievance Cell A Public Grievance Cell headed by ED (East Yard) has been set up in

the Company Members of public having complaints or grievances are advised to contact him

on Wednesday between 1000 hours and 1230 hours in his EY-office MAZAGON DOCK

SHIPBUILDERS LIMITED Dockyard Road Mumbai - 400010 (022 ndash 23763506 23738368)

or send their complaints grievances to him in writing for redressal

20 Supply on MDL Holidays Request for permission for delivery on Saturday Sunday

holidays if required should be submitted 3 working days prior to the date of holiday to

Personnel department and Security through concerned Dept

21 Liquidated Damages Time is an essence of the contract therefore the job as ordered should be

completed on the dates mutually agreed upon in accordance with the delivery schedule In cases

of delay not attributable to Purchaser beyond the agreed schedule the Successful bidder shall pay

liquidated damages a sum representing 05 (Half per cent) per week or part thereof subject to

maximum of 5 of the final Order Contract value Vendor Contractor (Seller) will also be liable

to pay Liquidated Damages for late delivery of Manuals Drawings and Documentation as agreed

to by Purchaser and Vendor Contractor (Seller) and as stated in the Purchase Order The amount

of such damages will be clearly defined in the Purchase Order and may extend up to 5 of the

Order Value excluding taxes Applicability of LD will be considered as below -

1) Delay in manufacturing and supplydelivery of machinematerialitemsequipments at

MDL after dispatch clearance beyond specified schedule will attract LD 05 per week

or part thereof subject to maximum of 5

2) Delay in Installation trial Commissioning amp Training at MDL as per Work

completion date as certified by MDL user dept beyond specified schedule will attract

LD 05 per week or part thereof subject to maximum of 5 as per order

22 Hindrance Register All hindrances with date of occurrences and removal shall be noted in the

Hindrance Register The Hindrance Register shall be signed by the representatives of both MDL

as well as Contractor

23 Security Deposit (SD) The successful bidders shall have to submit Security Deposit for an

amount of 5 of the Order value excluding GST etc electronically through NEFT RTGS or

in the form of Bank Guarantee drawn in favor of MAZAGON DOCK SHIPBUILDERS

LIMITED Mumbai from the list of Banks approved by SBI Canara Bank published on MDL

Website within 25 days from the date of Order amp must be valid up to contract period plus one

month No interest will be paid on Security Deposit Please note that MDL does not extend any

concession such as exemption in payment of Security Deposit etc to any organization

irrespective of their status like registration with MDL NSIC SSI and MSME etc In case of

failure to submit Security Deposit within 25 days from the date of order placement EMD

submitted will be encashed and risk purchase clause would be invoked The Security Deposit

will be returned only after successful execution of the order and shall be interest free In the

event of failure to execute the order satisfactorily the Security Deposit will be encashed by

MDL If order is fully executed within 25 days from the date of purchase order submission of

security deposit is not applicable For delayed period of submission of SD beyond 25 days

from date of order bidder has to pay applicable interest In case the bidder is Indian Public

Sector Unit they shall submit the indemnity bond instead of Security Deposit Bidders may

advise their bankbanker to send BG directly to commercial department or through SWIFT to

dispense with additional step of verification of authenticity of signatories In case of BG

GM(M)MTI2000007617Passivation Station

Page 22 of 45

transmitted through SWIFT it shall be the responsibility of the bidder that he directs the

receiving banker to forward the message For delayed period of submission of SD beyond 25

days from date of order interest will be recovered as mentioned below

For Indian suppliers it will be SBAR plus 2 and EUROBORLIBOR plus 2 for Foreign

bidder Security Deposit will be returned only after successful execution of the order and shall

be interest free In the event of failure to execute the order satisfactorily the Security Deposit

will be encashed by MDL PSUs can submit Indemnity bond in lieu of Security deposit Bidders can submit SD amount

by using payment gateways through MDL website

24 Delivery ScheduleWork Completion Schedule and delivery term (For foreign bidders) The

entire scope of work ie Design manufacture Supply Installation Commissioning STW amp

Training to be completed within 6 months from the date of receipt of PO

1) Supplydelivery of machineItemsEquipmentsspares at MDL = within 20 weeks (CIF delivery) and

2) Time for transportation amp custom clearance time = 2 weeks

3) Installation Trials Training and Commissioning = Within 2 weeks

Delivery Term (1) Supply For Indigenous bidder Door DeliveryFOR MDL GRS Stores

For Overseas Bidder CIF Port of destination (Mumbai)

(2) Installation Commissioning STW Training -

For Overseas Bidders At MDL site

Training to be imparted to Non-executives-04 Nos for 7 days (1 week)

Delivery ScheduleWork Completion Schedule and delivery term (For Indigenous bidders) The entire scope of work ie Design manufacture Supply Installation Commissioning STW amp

Training to be completed within 6 months from the date of receipt of PO

1) Supplydelivery of machineItemsEquipmentsspares at MDL = within 22 weeks (CIF

delivery) and

2) Installation Trials Training and Commissioning = Within 2 weeks

Delivery Term (1) Supply For Indigenous bidder Door DeliveryFOR MDL GRS Stores

For Overseas Bidder CIF Port of destination (Mumbai)

(2) Installation Commissioning STW Training - For Indigenous Bidders At MDL site

Training to be imparted to Non-executives-04 Nos for 7 days (1 week)

25 Assistance for Installation Testing Commissioning Maintenance amp other Technical

activities 1 Services of engineersManpower in connection with assistance of delivery

loadingunloading installation setting-in-work testing tuning commissioning

training to be considered in the scope of supply

2 All machinery equipments Oxygenother fuel gas for cutting fork lift welding Tools

amp Tackles accessories spares Chemicals consumables Special tools Fixtures and

tackles Workshop and fabrication shop Calibration facility Local transportation and

Internal Transportation storage amp preservation materials Ist fill of Oil lubricants

grease amp other resources etc required for Installation commissioning work to be

arranged by contractor Crane facility for unloading the equipment at the site Space water compressed air and electric Power will be provided by MDL

During Guarantee Warranty period the entire maintenance repair job shall be carried out by

experienced service engineers amp technicians The supply of all necessary tools tackles and

instruments required for the preventive and breakdown maintenance of the equipment covered

by this contract shall be in contractorrsquos scope No sub-contracting will be allowed

26 Spares Post sale product support 1 The Bidder shall assure a continuous supply of spare parts for at least 10 years from

GM(M)MTI2000007617Passivation Station

Page 23 of 45

the date of commissioning of the machine at MDL

2 List of Service centers amp Setup details to be provided

3 Standard accessories required for making itemequipmentmachine operational amp

ready to use should be included in the scope of supply

4 All defective parts spares can either be repaired or replaced by new parts Spares

replaced will be either of same make or equivalent as suggested by the OEM after

consultation with MDL However the total responsibility of the quality of spares supplied or parts repaired shall be with the Contractor

3 If any defective partitemequipment required to be taken out to the service center by

the firm for the further repairing the firm shall be asked to submit the necessary

indemnity bondBG as required Taking out defective partitemequipment from MDL

and bringing back repaired part item equipment to MDL is in the firmrsquos scope of

work The firm has to bear all the transportation charges amp transit insurance

27 Inspection - (a) Receipt Inspection by MDL- MDL inspection cell amp User dept shall carry out necessary

inspection of the items on receipt in the MDL Yard on the basis of an appropriate MDL

Inspection system requirement along with the representative of user dept amp the Inspection

documents submitted by suppliers Any objection raised by MDL inspection team against

quality of material or workmanship shall be satisfactorily corrected by the supplier at his

expenses including replacement as may be required within shortest possible time within 30

days Items damaged during transit shall also be rectified or replaced by the supplier within

shortest possible time

(b) Rejection of the material Any portion of the equipment found defectiverejected the

supplier shall collect the same at his cost from the MDL Yard all incidental charges being

born by supplier (inclusive of custom duty if payable) within 30 days from the date of

intimation to the supplier of such rejection The MDL reserves the rights to dispose off the

rejected item at the end of a total period of 90 days in any manner to the best advantage to the

MDLamp recover storage charges amp any consequential damages from sale proceeds of such

disposal

(c) Final work completion certificate in respect of completion of entire scope of work will be

certified by MDL user dept

28 Purchase Preference for MSE - NA

29 Risk Purchase amp Cancellation of Order (a) If the equipment article service or any portion thereof be not delivered performed by

the scheduled delivery date period any stoppage or discontinuation of ordered supply

awarded contract without written consent by Purchaser or not meeting the required quality

standards the Purchaser shall be at liberty without prejudice to the right of the Purchaser

to recover Liquidated Damages penalty as provided for in these conditions or to any

other remedy for breach of contract to terminate the contract either wholly or to the extent

of such default Amounts advanced or part thereof corresponding to the undelivered

supply shall be recoverable from the Contractor Bidder at the prevailing bank rate of interest

(b) The Purchaser shall also be at liberty to purchase manufacture or supply from stock as it

deems fit other articles of the same or similar description to make good such default and

or in the event of the contract being terminated the balance of the articles of the

remaining to be delivered there under Any excess over the purchase price cost of

manufacture or value of any articles supplied from the stock as the case may be over the

contract price shall be recoverable from the Bidder Vendor Contractor

(c) The Purchaser reserves the right to cancel an order forthwith without any financial

implications on either side if on completion of 50 of the scheduled deliveryCompletion

period the progress of manufactureSupply is not to the satisfaction of Purchaser and

failure on the part of the BidderVendorContractor to comply with the delivery schedule

is inevitable In such an event the BidderVendorContractor shall repay all the advances

GM(M)MTI2000007617Passivation Station

Page 24 of 45

together with interest at prevailing bank rates from the date of receipt of such advances till

date of repayment The title of any property delivered to Purchaser will be reverted to the

BidderVendorContractor at his cost

(d) In case of breach non-compliance of any of the agreed terms amp conditions of order

contract MDL reserves the right to recover consequential damages from the vendor

contractor on account of such premature termination of contract

(e) In case of delay beyond agreed period for liquidated damages or 10weeks from

contractual delivery period whichever is earlier MDL reserves the right to cancel the

order and procure the order items services from any available source at MDLrsquos option amp

discretion and entirely at your risk and cost Extra expenditure incurred by MDL in doing

will be recoverable from Bidder Supplier Contractor

30 Freak Low Quotes In case after opening of price bid of technically cleared firms it is noted that L-1 firm has quoted very low rates and indicates to withdraw from the tender then EMD shall be

forfeited and firm may be given tender holiday including intimation to other PSUs If the rates

quoted are less than MDL estimates by 40 or so and if the difference in rate between L1 and L2

is 30 or more than the firm will have to give additional BG of 20 of the PO value excluding

GST as additional security Bank charges for this additional BG shall be borne by MDL and

reimbursed against proof of payment

31 Indemnity - The Bidder Vendor Contractor his employees licencees agents or Sub-Vendor

Sub-contractor while on site of the Purchaser for the purpose of this contract indemnifies the

Purchaser against direct damage and or injury to the property and or the person of the Purchaser or

that of Purchasers employees agents Sub- Contractors Suppliers occurring and to the extent

caused by the negligence of the Bidder Vendor Contractor his employees licencees agents or

Sub-contractor by making good such damages to the property or compensating personal injury

and the total liability for such damages or injury shall be as mutually discussed and agreed to

You shall hold harmless and keep MDL indemnified against all claims arising as a result of

infringement of any patent rights on account of manufacture sale or use of article covered by

the order

32 MDL reserves the right to consider placement of Order Contract in part or in full against the

tendered quantity or item MDL reserves the right to place order on FOB or CIF basis

33 MDL shall not be bound by any printed conditions or provisions in the sellers bid forms or

acknowledgement of contract invoices packing list and any other documents which purport to

impose any conditions at variance with the tender terms final negotiated amp accepted terms

34 Bidders can participate in online bidding

a) By registering with above referred portal for User ID and password

b) By obtaining class III DSC (Digital Signature Certificate) for secured bidding

35 In case of improper on-line filling of Acceptance Formats for Tender Enquiry Form General

Terms amp Conditions (GTampC) and Standard Terms amp Conditions (STACS) it shall be

presumed that all our tender terms amp conditions are acceptable to you

36 In case of any clarifications bidders are requested to contact the undersigned before the closing

date of the tender Bidders can also contact toll-free customer help line of e-procurement portal

httpseprocuremdlnicin ASP on email id eproc-supportgovin Ph no 0120-4200462 0120-

4001002

Bidders intending to witness the Tender opening shall log on to httpseprocuremdlnicin

using digital signatures for witnessing the opening

GM(M)MTI2000007617Passivation Station

Page 25 of 45

37 We look forward to your participation in on-line bidding by offering your most competitive

and reasonable bid against this tender

Yours faithfully

For MAZAGON DOCK LIMITED

M Tanweer Iqbal

CM(C-MP)

Enclosure - 1 Instructions to the Bidders

Enclosure - 2 Illustrative format amp guideline for quoting prices in online Price Bid

Enclosure - 3 Standard Terms amp Conditions (STACS)

Enclosure - 4 General Terms amp Conditions (GTampC)

Enclosure - 5 Loading Factors

Enclosure - 6 Format of Letter of Credit

Enclosure 7 Bank Guarantee Format for EMD

Enclosure 8 Bank Guarantee Format for SD

Enclosure 9 Bank Guarantee Format for PBG

Enclosure - 10 MDL bank details for NEFTRTGS EMDSD transfer

Enclosure 11 Shipping Instruction for Sea amp Air Consignments

Note These Enclosuredocuments to be down loaded from our Website under below linkpath-

wwwmazagondockgovin gt Tenders gt Shipbuilding gt ldquoEnclosures Related to Tender Documents from Material

Purchase Deptrdquo

GM(M)MTI2000007617Passivation Station

Page 26 of 45

Enclosure ndash 1

Instructions to the Bidders for uploading the Techno-Commercial Bid and the Price Bid through E-

Procurement Portal

bullbullbullbull Official service provider for the website is NIC

E-mail eproc-supportgovin Office Ph No 0120-4200462 0120-4001002 Ph No +91-8826246593

bullbullbullbull Pre-requisites for up-loading the Techno-Commercial Bid

(i) Compatible computer hardware software set-up to access e-procure website

(ii) ldquoDigital Signature Certificaterdquo class III B (DSC) is a must for downloading the tender and uploading

the techno commercial offer from our website httpseprocuremdlnicin

(iii) ldquoDigital Signature Certificaterdquo class III B (DSC) can be obtained from our service provider

bullbullbullbull To ensure availability of above prerequisite is bidders responsibility

(i) It is mandatory to upload the complete techno-commercial offer and the price bid on e-

procurement

(ii) No part of the bid other than original EMD (if applicable) shall be accepted physically hard copy

outside e-procurement

(iii) Price bids shall strictly be uploaded in appropriate allotted place in the tender available in e-

procurement so that it remains secured encrypted unreadable in the system

(iv) In no circumstances the price bids shall be forwarded or uploaded in any other form

(v) Entire responsibility of the uploading of the complete techno-commercial bid along with the price

bid shall be that of the bidder

(vi) No request complaint shall be entertained after the due datetime of the tender

(vii) Non availability of any of the prerequisites or last minute calls seeking clarifications projecting

problems shall not entitle a bidder to seek request for extension of due date

(viii) Any problem with regard to uploading of the tender shall be intimated to NIC at least 24 hours in

advance to the tender closing time amp date However it will not be considered as reason for extension

of due date of the tender

(ix) Request for extension if at all to be made shall be forwarded at least 3 working days in advance to

the tender closing date time with proper reasoning The request shall be put up to the competent

authority for consideration on the merit of the case MDL reserves all rights in this regard amp decision

of MDL shall be binding to the applicant

It is important to note that the bidders can upload their bids right from the time the tender is available

at website It is advisable that the bidder uploads the bid well in time rather than wait till last minute

to avoid situations wherein he is unable to successfully upload the bid for various reasons which

cannot be addressed then due to lack of time

bullbullbullbull Special instructions to Bidders for online bidding

GM(M)MTI2000007617Passivation Station

Page 27 of 45

(i) Bidders should login well in advance to enable them to complete their bid submission before the

closing time of the tender

(ii) Bidders should submit their bid well in advance to avoid last minute frantic calls

(iii) Bidders should follow all the instructions enlisted on the front page of e-procure web page

(iv) Bidders should ensure Hardware amp Software compatibility as well as Digital Signature available on

front page of e-procure web site Request for extension of due date shall not be entertained due to

non-availability of these tools

bullbullbullbull Bidders to participate in on-line bidding

(i) By registering with above referred portal for User ID and password

(ii) By obtaining class III DSC (Digital Signature Certificate) for secured bidding

NOTE In case any vendor intending to respond against the tender and is not having the DSC to facilitate

uploading of his bid should approach the Service Provider at least 10 working days in advance of the tender

closing date requesting DSC The request so made to the Service Provider should simultaneously be

forwarded to MDL Dealing Officer In case the DSC is not received within 3 to 4 working days the GM (M)

be informed and the DSC if not received from the Service Provider three working days in advance for

suitable extension to tender closing date then only the tender due date shall be considered

GM(M)MTI2000007617Passivation Station

Page 28 of 45

Annexure-2

Illustrative format amp guideline for quoting prices in online Price Bid

Below format of price bid will appear online Indigenous bidders to follow instructions given in each respective

cell while quoting their cost in online price bid -

Item Sr no 1

Material Description As per clause No 1

Quantity As per clause No 1

Set Set

Currency INR USD EURO

For Indian Bidder Basic Unit Rate in INR only

For Foreign Bidder CIF Rate to be entered by the foreign

currency

To be quoted

of CGST+SGST or IGST on Basic rate To be quoted

Installation Commissioning Charges per Unit To be quoted

of CGST+SGST or IGST on Installation Commissioning

Charges To be quoted

Inspection Testing Charges per Unit To be quoted

of CGST+SGST or IGST on Inspection Testing Charges To be quoted

GM(M)MTI2000007617Passivation Station

Page 29 of 45

Enclosure-3

STANDARD TERMS AND CONDITIONS (STACS) 101 The word Purchaser refers to MAZAGON DOCK SHIPBUILDERS LIMITED (MDL) a Company

registered under the Indian Companies Act 1913 and it includes its successors or assignees

102 The word BidderVendorContractor means the person firm Company who undertakes to

manufacture and or supply and or undertake work of any nature assigned by the Purchaser from time to time

and includes its successors or assignees

103 The word Owner means the person or authority with whom MAZAGON DOCK SHIPBUILDERS

LIMITED (Purchaser) has contracted to carry out work in relation to which orders are placed by the

Purchaser on the BidderVendorContractor under this contract for supply or manufacture of certain items

and would include Department of Defence Production Ministry of Defence Government of India the Indian

Navy the Coast Guard and any other specified authority

120 GENERAL 121 Unless otherwise indicated specifically by the bidder contractor in his bid it shall be construed as his

acceptance of all the conditions mentioned in this STACS

200 COMMUNICATION amp LANGUAGE FOR DOCUMENTATION 201 Any letter facsimile message e-mail intimation or notice sent to the BidderVendorContractor at the

last known address mentioned in the offer order shall be deemed to be valid communication for the purpose

of the ordercontract Unless stated otherwise by the purchaser Language for communication amp all

documentation shall be same which the Purchaser has used in the tender enquiry

210 PURCHASERrsquoS PROPERTY 211 All property (such as materials drawings documents etc) issued by the Purchaser or any other

individual or firm on behalf of the Purchaser in connection with the contract shall remain confidential being

the property of the Purchaser and the BidderVendorContractor shall undertake to return all such property so

issued and will be responsible for any or all loss thereof and damage thereto resulting from whatever causes

and shall reimburse the Purchaser the full amount of loss and damage

212 On completion of work in any compartment location of the purchaserrsquos premises the

BidderSupplierContractor must ensure that the place is left in a reasonably clean state and all scrap is

transferred to nearby scrap-bins

220 RISK PURCHASE 221 If the equipment article service or any portion thereof be not delivered performed by the scheduled

delivery date period any stoppage or discontinuation of ordered supply awarded contract without written

consent by Purchaser or not meeting the required quality standards the Purchaser shall be at liberty without

prejudice to the right of the Purchaser to recover Liquidated Damages penalty as provided for in these

conditions or to any other remedy for breach of contract to terminate the contract either wholly or to the

extent of such default Amounts advanced or part thereof corresponding to the undelivered supply shall be

recoverable from the Contractor Bidder at the prevailing bank rate of interest

222 The Purchaser shall also be at liberty to purchase manufacture or supply from stock as it deems fit

other articles of the same or similar description to make good such default and or in the event of the contract

being terminated the balance of the articles of the remaining to be delivered there under Any excess over the

purchase price cost of manufacture or value of any articles supplied from the stock as the case may be over

the contract price shall be recoverable from the Bidder Vendor Contractor

230 RECOVERY ADJUSTMENT PROVISIONS 231 Payment made under one order shall not be assigned or adjusted to any other order except to the extent

agreed upon in writing by the Purchaser During the currency of the contract if any sum of money is payable

by the Bidder Vendor Contractor the same shall be deducted from any sum then due or thereafter may

become due to the Bidder Vendor Contractor under the contract or any other contract with the Purchaser

240 ADDITIONAL BANK GUARANTEE In case after opening of price bid of technically cleared firms it is noted that L-1 firm has quoted very low

rates and indicates to withdraw from the tender then EMD shall be forfeited and firm may be given tender

holiday including intimation to other PSUs If the rates quoted are less than MDL estimates by 40 or so and

if the difference in rate between L1 and L2 is 30 or more then the firm will have to give additional BG of

20 of the PO value as additional security Bank charges for this additional BG shall be borne by MDL and

reimbursed against proof of payment

250 INDEMNIFICATION 251 The Bidder Vendor Contractor his employees licencees agents or Sub-Vendor Sub-contractor

while on site of the Purchaser for the purpose of this contract indemnifies the Purchaser against direct

GM(M)MTI2000007617Passivation Station

Page 30 of 45

damage and or injury to the property and or the person of the Purchaser or that of Purchasers employees

agents Sub- Contractors Suppliers occurring and to the extent caused by the negligence of the Bidder

Vendor Contractor his employees licencees agents or Sub-contractor by making good such damages to the

property or compensating personal injury and the total liability for such damages or injury shall be as

mutually discussed and agreed to

260 TRANSFER OF VENDORS CONTRACTORrsquoS RIGHTS 261 The Bidder Vendor Contractor shall not either wholly or partly sell transfer assign or otherwise

dispose of the rights liabilities and obligations under the contract between him and the Purchaser without

prior consent of the Purchaser in writing

270 SUBCONTRACT amp RIGHT OF PURCHASER 271 The Bidder Vendor Contractor under no circumstances undertake or subcontract any work contract

from or to any other Sub-contractor without prior written approval of the Competent Authority of Purchaser

In the event it is found that such practice has been indulged in the contract is liable to be terminated without

notice and the Bidder Vendor Contractor is debarred all from future tender enquiries work orders

However in no circumstances a contractor is permitted to subcontract any part of the contract to the bidders

who had quoted for the concerned tender

280 PATENT RIGHTS 281 The Bidder Vendor Contractor shall hold harmless and keep the Purchaser indemnified against all

claims arising as a result of infringement of any patent copy rights on account of manufacture sale or use of

articles covered by the order

290 AGENTS AGENCY COMMISSION

291 The seller confirms and declares to the buyer that the seller is the original manufacturer or authorized

distributorstockiest of original manufacturer of the stores referred to in this contract and has not engaged any

individual or firm whether Indian or foreign whatsoever to intercede facilitate or in any way to

recommended to the Buyer or any of its functionaries whether officially or unofficially to the award of the

Contract Purchase order to the Seller nor has any amount been paid promised or intended to be paid to any

such individual or firm in respect of any such intercession facilitation or recommendation The Seller agrees

that if it is established at any time to the satisfaction of the Buyer that the present declaration is in any way

incorrect or if at a later stage it is discovered by the Buyer that the Seller has engaged any such

individualfirm and paid or intended to pay any amount gift reward fees commission or consideration to

such person party firm or institution whether before or after the signing of this Contract Purchase order

the Seller

will be liable to refund that amount to the Buyer

Tender no GM (M)GRA2000007246 Page 16 of 26

The seller will also be debarred from participation in any RFQTender for new projectsprogram with Buyer

for a minimum period of five years

The buyer will also have a right to consider cancellation of the Contract either wholly or in part without any

entitlement or compensation to the Seller who shall in such event be liable to refund all payments made by

the buyer in terms of the Contract along with interest at the rate of 2 per annum above LIBOR (London

Inter Bank Offer Rate) (for foreign vendors) and base rate of SBI plus 2 (for Indian Vendors)

The Buyer will also have the right to recover any such amount from any contracts concluded earlier with

Buyer

300 USE OF UNDUE INFLUENCE CORRUPT PRACTICES

301 The Bidder Supplier Contractor undertakes that he has not given offered or promised to give directly

or indirectly any gift consideration reward commission fees brokerage or inducement to any person in

service of the Purchaser or otherwise in procuring the contract or forbearing to do or for having done or

forborne to do any act in relation to the obtaining or execution of the Contract with the Purchaser for showing

or forbearing to show favour or disfavour to any person in relation to the Contract or any other Contract with

the Purchaser Any breach of the aforesaid undertaking by the Bidder Supplier Contractor or any one

employed by him or acting on his behalf (whether with or without the knowledge of the Bidder Supplier

Contractor) or the commission of any offence by the Bidder Supplier Contractor or any one employed by

him or acting on his behalf as defined in Chapter IX of the Indian Penal Code 1980 or the Prevention of

Corruption Act 1947 or any other Act enacted or the prevention of corruption shall entitle the Purchaser to

cancel the contract and all or any other contracts with the Bidder Contractor Supplier and recover from the

Bidder Supplier Contractor the amount of any loss arising from such cancellation Decision of the

Purchaser or his nominee to the effect that a breach of the undertaking has been committed shall be final and

binding on the Bidder Supplier Contractor

302 The Bidder Supplier Contractor shall not offer or agree to give any person in the employment of

GM(M)MTI2000007617Passivation Station

Page 31 of 45

Purchaser any gift or consideration of any kind as Inducement or reward for doing or forbearing to do or

for having done or forborne to do any act in relation to the obtaining or execution of the contracts Any

breach of the aforesaid condition by the Bidder Supplier Contractor or any one employed by them or

acting on their behalf (whether with or without the knowledge of the Bidder Supplier Contractor) or the

commission of any offence by the Bidder Supplier Contractor or by any one employed by them or acting

on their behalf which shall be punishable under the Indian Penal Code 1980 andor the Prevention of

Corruption by Public Servants shall entitle Purchaser to cancel the contracts and all or any other contracts

and then to recover from the Bidder Supplier Contractor the amounts of any loss arising from such

contracts cancellation including but not limited to imposition of penal damages forfeiture of Security

Deposit encashment of the Bank Guarantee and refund of the amounts paid by the Purchaser

303 In case it is found to the satisfaction of the Purchaser that the Bidder Supplier Contractor has

engaged an Agent or paid commission or influenced any person to obtain the contract as described in clauses

relating to Agents Agency Commission and use of undue Influence the Bidder Supplier Contractor on a

specific request of the Purchaser shall provide necessary information inspection of the relevant financial

document information

310 IMMUNITY OF GOVERNMENT OF INDIA CLAUSE 311 It is expressly understood and agreed by and between Ms (Bidder Supplier Contractor) and

MAZAGON DOCK SHIPBUILDERS LIMITED Dockyard Road Mumbai - 400 010 (MDL) is entering

into this Agreement solely on its own behalf and not on the behalf of any person or entity In particular it is

expressly understood and agreed that the Government of India is not a party to this Agreement and has no

liabilities obligations or rights hereunder It is expressly understood and agreed that MDL is an independent

legal entity with power and authority to enter into contracts solely in its own behalf under the applicable of

Laws of India and general principles of Contract Law The (Bidder Supplier Contractor) expressly agrees

acknowledges and understands that MDL is not an agent representative or delegate of the Government of

India It is further understood and agreed that the Government of India is not and shall not be liable for any

acts omissions and commissions breaches or other wrongs arising out of the contract Accordingly (Bidder

Supplier Contractor) hereby expressly waives releases and foregoes any and all actions or claims including

cross claims impleader claims or counter claims against the Government of India arising out of this contract

and covenants not to sue Government of India in any manner claim cause of action or thing whatsoever

arising of or under this Agreement

320 EXPORT LICENCE 321 The export licenses that may be required for delivery of the various itemsequipment to MDL shall be

arranged by the Bidder Supplier Contractor from the concerned authorities in their country without any

time amp cost implications on the Purchaser

330 BANNED OR DE-LISTED CONTRACTORS VENDORS 331 The Bidder Vendor Contractor declares that they being Proprietors Directors Partners have not

been any time individually or collectively blacklisted or banned or de-listed by any Government or quasi

Government agencies or PSUs If a bidderrsquos entities as stated above have been blacklisted or banned or delisted

by any Government or quasi Government agencies or PSUs this fact must be clearly stated and it may

not necessarily be a cause for disqualifying him

340 DUTY OF PERSONNEL OF SUPPLIERVENDOR 341 MDL being a Defence Organization Bidder Vendor Contractor undertakes that their personnel

deployed in connection with the entrusted work will not indulge in any activities other than the duties

assigned to them

350 DISPUTE RESOLUTION MECHANISM AND ARBITRATION

351 DISPUTE RESOLUTION MECHANISM (DRM) i) Any disputedifferences between the parties arising out of and in connection with the contract shall be

settled amicably by mutual negotiations

ii) In case of non-settlement by (i) above if at any time before during or after the contract period any

unsettled claim dispute or difference arose between the parties upon or in relation to or in connection with

or in any way touching or concerning this tenderagreementordercontract the same shall be referred to the

concerned Functional Director

The Functional Director shall then nominate an Executive of the rank of General Manager whom he thinks fit

and competent or a Committee of Executives whowhich shall then scrutinise the claimsdisputes that have

been referred to the concerned functional Director and make efforts for amicable settlements by mutual

discussionsnegotiations

iii) In case no amicable settlement is arrived by (ii) above within a period of three months then the contractor

shall approach Public Grievance Cell and address the disputes as per the provisions made under the relevant

GM(M)MTI2000007617Passivation Station

Page 32 of 45

clause of the contract

iv) In case the issuesdisputes do not get settled within a period of six months from the date of

submission of the dispute to the Grievance Cell then the contractor may invoke Arbitration Clause of the

contract

352 ARBITRATION Unresolved disputesdifferences if any shall then be settled by arbitration The

Arbitration proceedings shall be conducted at Mumbai India in English Language under the Arbitration amp

Conciliation Act 1996

MDL prefers to have arbitration through Institutes such as Indian Council of Arbitration (ICA)ICA-DR with

the mutual consent of the parties

353 In case of unresolved differencedispute between the Purchaser and Supplier being Central Public

Sector EnterprisesCentral Govt departments the disputes shall be resolved firstly through mutual discussion

or through the empowered agencies of the Govt or through arbitration by reference by either party to the

department of Public Enterprises as per extant guidelines If disputesdifferences remain

unresolvedunexecuted the same shall be referred first to the Cabinet Secretariat and then if necessary to the

PMO

354 Any changes to arbitration clause must be vetted by HOD (Legal) before incorporation in

contractPO

360 JURISDICTION OF COURTS 361 All contracts shall be deemed to have been wholly made in Mumbai and all claims there under are

payable in Mumbai City and it is the distinct condition of the order that no suit or action for the purpose of

enforcing any claim in respect of the order shall be instituted in any Court other than that situated in Mumbai

City Maharashtra State India ie courts in Mumbai shall alone have jurisdiction to decide upon any dispute

arising out of or in respect of the contract

-----------------------

GM(M)MTI2000007617Passivation Station

Page 33 of 45

Enclosure-4

GENERAL TERMS amp CONDITIONS (GTampC)

A10 Blank

A20 SECURITY DEPOSIT A21 The successful bidder shall submit a Security Deposit 5 of the contract order value (excluding

taxes duties freight service component) of the Order in the form of Demand Draft Bank Guarantee in the

prescribed format in favour of Purchaser within 25 days from date of Contract The Security Deposit will be

returned only after the successful execution of the order contract Refund of Security Deposit whenever

considered admissible by the Purchaser shall be without interest only

A30 FORFEITURE OF EMD BID BOND A31 In cases of withdrawal of bid during validity period or during any extension granted thereof non

acceptance of agreed conditions of Technical and or Commercial and or Price Negotiations non-submission

of the security deposit and or non-acceptance of the order the EMD or bid security will be forfeited or

encashed as the case may be

A40 FORFEITURE OF SECURITY DEPOSIT A41 Non-performance of agreed terms and or defaultbreach by BidderVendorContractor will result in

forfeiture of security deposit with application of risk purchase provisions as felt appropriate by the Purchaser

A50 FORFEITURE OF PERFORMANCE GUARANTEE A51 In the event of BidderVendorContractor failure to attend the Guarantee defects within a reasonable

period of time the Performance Bank Guarantee will be encashed by the Purchaser The Purchaserrsquos decision

shall be final and binding on BidderVendorContractor

A60 SUPPLIES A61 The equipment products items Services to be supplied shall be strictly in accordance with the

Drawings Specifications Requirements indicated in the Tender Enquiry Order with deviations if any as

mutually accepted

A70 PROGRESS REPORTING amp MONITORING A71 Where so stipulated in the order the Bidder Supplier Contractor shall render such reports from time

to time as regards the progress of the contract and in such a form as may be called for by the Purchaser

A80 CANCELLATION OF ORDER A81The Purchaser reserves the right to cancel an order forthwith without any financial implications on either

side if on completion of 50 of the scheduled deliveryCompletion period the progress of

manufactureSupply is not to the satisfaction of Purchaser and failure on the part of the

BidderVendorContractor to comply with the delivery schedule is inevitable In such an event the

BidderVendorContractor shall repay all the advances together with interest at prevailing bank rates from the

date of receipt of such advances till date of repayment The title of any property delivered to Purchaser will

be reverted to the BidderVendorContractor at his cost

A82 In case of breach non-compliance of any of the agreed terms amp conditions of order contract MDL

reserves the right to recover consequential damages from the vendor contractor on account of such

premature termination of contract

A83 In case of delay beyond agreed period for liquidated damages or 10weeks from contractual delivery

period whichever is earlier MDL reserves the right to cancel the order and procure the order items services

from any available source at MDLrsquos option amp discretion and entirely at your risk and cost Extra expenditure

incurred by MDL in doing will be recoverable from Bidder Supplier Contractor

A90 PRESERVATION AND MAINTENANCE

A91 Should any material require any preservation till its final installationfitment the detailed procedure

(Long term amp short term) for the same as also the time of interval after which the state of preservation needs

to be reviewed is to be stated by the BidderVendorContractor

A92 Further the de-preservation prior to the materialequipment being commissioned and the maintenance

procedure together with its periodicity is also to be indicated by the Bidder Vendor Contractor

A93 The Bidder Vendor Contractor in their offer must confirm that indigenous oil lubricants and

preservatives etc can be used in the equipment The bidder must also give assurance that the equipment

performance will not be downgraded by use of indigenous equivalents

A100 FREIGHT amp INSURANCE

A101 For Indigenous Bidders In cases where the offers are for Door Delivery to Purchaser transit freight

amp Insurance charges shall be borne by the Bidder Supplier Contractor In other agreed cases of Ex-works

Ex-Transporters warehouse or Railway godown offers the Bidder Supplier Contractor on dispatch shall

give details of materials with dispatch particulars and their value in time to Purchasers Insurance Company

GM(M)MTI2000007617Passivation Station

Page 34 of 45

on the contact details as provided in the order In such agreed cases the freight amp insurance charges will be

paid by the purchaser directly to the parties concerned

A102 For Foreign Bidders For overseas supplies on CIF port of dispatch basis Transit Insurance shall be

arranged by the Purchaser The Bidder Supplier Contractor shall immediately on despatch of the

items inform all relevant details of despatch such as Order number Bill of LadingAWB number

marked as Freight Paid Insurance policydocument number of packages value of consignment

invoice number in time directly to Purchasers Insurance company amp Purchaser on the contact details

as provided in the order In case of delivery term other than CIFCIP the freight amp insurance charges

will be paid by the purchaser directly to the parties concerned

A110 TAXES amp DUTIES STATUTORY LEVIES A111 Taxes and duties applicable if any shall be regularized by MDL by issuing necessary exemption

certificates in respect of procurement for Defence Projects Bidder shall indicate separately the GST and

duties applicable in their offer When the items qualify for exemption partlyfully but the supplier did not

avail of the same the amount of taxes and duties on such supplies shall be to supplierrsquos account In cases

where exemption certificates are not issued for any reason taxes shall be paid as indicated in the Purchase

OrderContract Tax deduction at source will be effected wherever applicable (eg TDS under Income tax

Act TDS on Works Contract under GST Act etc) from the bills of the Supplier as per statutes Similarly

where payment of Custom duty is agreed to and stipulated in the Purchase Order Contract the same will be

paid by the Purchaser on receipt of supplierrsquos bills along with Custom Certified Duty Paid Challan-Money

Receipt in original or carbon copy as relevant These Challans Receipts Bill of Entry are to be drawn issued

in the name of lsquoMAZAGON DOCK SHIPBUILDERS LIMITEDrsquo only Where payment of GST is agreed to

and stipulated in the Purchase Order Contract the same will be paid by the Purchaser on the basis of

Suppliers TAX INVOICE wherein the GST Number along with HSN SAC code is indicated in the Invoice

A120 DEMURRAGE A121 Storage and Demurrage charges will be payable by the Bidder Vendor Contractor for all shipments

that reach purchaser without proper dispatch documentations Lorry Receipts not accompanied by packing

lists invoices etc The Supplier shall be responsible for fines due to errors or omissions in description weight

or measurements and for increased handling charges due to improper packing

A130 INSPECTION TESTING A131The ordered items will be inspected either by Classification Society Nominated Agency and or by

Inspection Officer nominated by Purchaser at stages defined in the tender Purchase Order or as agreed to be

defined subsequently in terms of the Purchase Order

A132 The decision of the Inspecting Authority or their representatives as the case may be on any question

of the intent meaning and the scope of Specifications Standards shall be final conclusive and binding on

the Bidder Vendor Contractor

A133 The Bidder Vendor Contractor shall accord all facilities to Purchasers Inspectors Nominated

Agency to carry out Inspection Testing during course of manufacture final testing

A140 RECEIPT INSPECTION BY MDL A141 MDL shall carry out necessary inspection of the items on receipt on the basis of an appropriate quality

assurance system and inspection system requirements along with representative of the Owner Any objection

raised by MDL Quality Control Team against quality of materials or workmanship shall be satisfactorily

corrected by the Contractor at his expense including replacement as may be required within shortest possible

time within 30 days Items damaged during transit shall also be rectified replaced by the Contractor within

shortest possible time payment for which shall be made at mutually agreed rates

A150 REJECTION OF MATERIALS A151 Should the articles or any portion thereof of the equipment be found defective rejected the Bidder

Vendor Contractor shall collect the same from the Purchasers Stores all incidental charges being borne by

him (inclusive of Custom duty if payable) within 30 days from the date of intimation to the Bidder Vendor

Contractor of such rejection The Purchaser reserves the right to dispose off the rejected items at the end of

a total period of 90 days in any manner to the best advantage to the Purchaser and recover storage charges

and any consequential damages from sale proceeds of such disposal

A160 TECHNOLOGICAL DEVELOPMENTS MODIFICATIONS

A161 The Bidder Supplier Contractor shall unconditionally and free of cost to the Purchaser transfer

information on technological developments innovations modifications which the BidderSupplier

Contractor would evolve in future (within 3 years) in relation to the supplied equipment To enable this the

Purchasers address shall be added to the Bidder Supplier Contractorrsquos mailing list or database or any other

document maintained for dissemination of product information and the Purchaser shall be informed of the

GM(M)MTI2000007617Passivation Station

Page 35 of 45

action taken in this regard If such improvements modifications are brought in by the Bidder Supplier

Contractorrsquos Design Department in the course of manufacture of equipment ordered by the Purchaser the

Bidder Supplier Contractor shall incorporate such improved versions in the equipment without any extra

cost to the Purchaser under Purchaserrsquos prior consent

A162 If the Purchaser be desirous of getting incorporated all post supply modifications improvements

arising out of technological developments to the original equipment supplied by the Bidder Supplier

Contractor the Bidder Supplier Contractor shall quote for and carry out all such modifications to the

equipment

A163 Where the whole or a portion of the equipment has been specifically developed by the Bidder

Supplier Contractor for the Owner and the latter would through the Purchaser be bearing the entire or part

of the development cost incurred by the Bidder Supplier Contractor the design rights for the whole or

portion thereof of the equipment as appropriate shall vest in the Owners

A164 Prior approval of the Owner should be obtained before similar articles are sold supplied to any other

party other than the Owner If such approval is given and sale is effected the Bidder Supplier Contractor

shall pay to the Owner royalty at the rate mutually agreed to

A165 The Sub-contractor Supplier Supplier shall continue to support the equipment for a minimum period

of 20 years from the date of supply by making available spare parts and assemblies of the equipment

supplied Should the Sub-contractor Supplier Supplier decides to discontinue the product for any reason

whatsoever adequate notice shall be given to the Purchaser Owner to enable procurement of the requisite

lifetime spares

A170 PURCHASERrsquoS RIGHT TO ACCEPT ANY BID PART OF BID AND TO REJECT ANY OR

ALL BIDS A171 The Purchaser reserves the right to accept and or reject any or all tenders and or to withdraw the tender

in Toto and or award the contract order in full or part to more than one vendor contractor without

assigning any reason whatsoever and without thereby incurring any liability to the affected Bidder or Bidders

or any obligations to inform the affected Bidder or Bidders of the grounds for MDL action

A180 BANK GUARANTEE INSURANCE COVER FOR FREE ISSUE MATERIAL A181 The Bidder Supplier Contractor shall furnish Bank Guarantee insurance Cover equivalent to the

value of materials supplied by MDL free of cost valid up to the execution of the contract delivery of

material inspected accepted and receipt at MDL together with the material reconciliation statement

whichever is later

A190 BIDDERrsquoS RESPONSE IN CASE OF NO PARTICIPATION A191 The Sub-contractor Supplier Vendor shall inform the Purchaser in advance in case he is unable to

participate in the tender for whatsoever reason Failure to comply with this will be viewed seriously and

consecutive three failures on the part of Sub-contractor Supplier Vendor to do so is liable for

disqualification debarring of the Sub-contractor Supplier Vendor from all future tender enquiries and or

delisting from the list of Approved Registered Vendors

A230 PREFERENCETIAL PURCHASE FROM MSE VENDORS ndash Not Applicable MDL has right to place order on MSE firm meeting following criteria

In tenders if participating MSEs quoted prices are within price band of L1+15 such MSEs shall also be

allowed to supply a portion up to 20 of requirement by bringing down their prices to L1 price where L1 is

non MSEs If more than 1 MSEs fall under such criteria then this 20 shall be distributed proportionally

This preference shall not be applicable where MSE firm is L1 firm out of 20 percent target of annual

procurement from Micro and Small Enterprises a sub-target of 20 percent (ie 4 percent out of 20 percent)

shall be earmarked for procurement from Micro and Small Enterprises owned by the Scheduled Caste or the

Scheduled Tribe Entrepreneurs In respect of items reserved for MSE extant guidelines shall be followed

Presently Circular No SO 581(E) dated 23032012 is applicable

GM(M)MTI2000007617Passivation Station

Page 36 of 45

Annexure-5

LOADING FACTORS A

Sr

No

Description Foreign Supplier

100 import content

Indigenous

Supplier with part

Import content

Indigenous

Supplier without

Import content

1 Basic Price Quoted

CIF

a a Ex Works

b b Delivered to

MDL Stores

a Ex Works

b Delivered to

MDL Stores

2 Add Insurance Charges Nil In case of 1 (a) In case of 1 (a)

3 Add Sea Air Freight charges

Inland Road Transport Nil In case of 1 (a) In case of 1 (a)

4

Customs Clearance Port

Handling Transportation to

Yard

Applicable NIL NIL

5

Cost (ex-MDL) excluding taxes

amp duties without loading

towards any deviations

CIF price +

SrNo4 Sr Nos (1+2+3) Sr Nos (1+2+3)

B LOADINGS DUE TO VARIATIONS IN FINANCIAL TERM

6 Variation in payment Terms

Varied payment terms quoted by bidders as compared to the terms stated

in the tender document shall be normalized on the amount(s) at variation

and or for the period (in no of days) at variation by adopting the Prime

Lending Rate of State Bank India plus 2 thereon incase of indigenous

bidders and LIBOR EURIBOR rates in case of foreign bidders

7

Income tax amp Service Tax on

Technical Services Service

Engineers liability to MDL

Normalization shall be done in respect of the amount of tax that have to

be borne by the Company

8 Production norms such as

scrap output ndash input ratio

9 Base date for price variation

clause

1

0

Cost (ex-MDL) excluding taxes

amp duties after loading for

variations in financial term

(SR Nos 5 + 6 + 7 + 8 + 9)

C LOADING ON ACCOUNT OF DEVIATIONS IN FOLLOWING COMMERCIAL TERMS

11

Security Deposit Contract

Performance Guarantee Mandatory

12

Equipment Performance

Guarantee Mandatory

13

Additional delivery period

sought over stipulated period as

per Tender

For the additional period sought by the bidder over the stipulated date of

delivery as per tender 050 per week for delayed period will be loaded

to the quoted price if the period under variation does not lead to bid

rejection criteria 14 Additional time sought for

supplying binding data

15 Liquidated damages per week

rate Maximum Ceiling

If bidder seeks less than 5 (Max ceiling) then the difference will be

loaded

The rate of LD per week or part thereof is 05 If bidder seeks say 04

per week or part thereof then Max Ceiling of LD will be equated to

weeks (Say 10 weeks) then LD proposed by bidder works out to 10 X 04

= 4 then 1 will be loaded

16 Warranty Guarantee

Deviations in respect of the period of Warranty shall be loaded to the

quoted price 025 per month or part thereof This does not arise if

the bidder quotes additional price for the differential period

GM(M)MTI2000007617Passivation Station

Page 37 of 45

17

Cost (Ex-MDL) excluding taxes

amp duties after loading for

variations on account of

financial and commercial terms

Sr Nos 10 + 11 + 12 + 13 + 14 + 15 + 16

D LANDED COST

18

Taxes amp Duties

19

Landed Cost Sr Nos 17 + 18

GM(M)MTI2000007617Passivation Station

Page 38 of 45

Annexure-6

LETTER OF CREDIT FORMAT FOR SHIPMENT BY SEA AIR

40A Form of Documentary Credit Type IRREVOCABLE

20 Transaction Reference Number Documentary

Credit Number

31C Date of Issue Date

31D Date and Place of Expiry Date

Place NEGOTIATING BANK

51A Applicant Bank BIC BANKERS OF MDLMUMBAI

50 Applicant Name amp Address MAZAGON DOCK SHIPBUILDERS LTD

DOCKYARD ROAD MAZAGON MUMBAI ndash

400 010

59 Beneficiary Name amp Address

32B Currency Code Amount

Currency

Amount

39A Percentage Credit Amount Tolerance

Tolerance 1

Tolerance 2

41D Available with hellipByhellip Name amp Address

42C Draft at hellip Narrative SIGHTNEGOTIATION

42D Drawee Name amp Address BANKERS OF MDLMUMBAI

43P Partial Shipments Narrative ALLOWEDNOT ALLOWED

43T Transhipment Narrative ALLOWEDNOT ALLOWED

44A Loading on Board Dispatch Narrative AIRPORT SEAPORT (AS PER TENDER

ENQUIRYORDER)

44B For Transportation to Narrative AIRPORT SEAPORT (AS PER TENDER

ENQUIRYORDER)

44C Latest Date of Shipment Date

46A Documents required Narrative (AS PER TENDER ENQUIRY)

47A Additional conditions Narrative 1 ALL DOCUMENTS SHOULD BE MARKED

WITH IEC CODE NO0388070412 LC NO

AND DATE AND IMPORT UNDER NON-

NEGATIVE LIST OF IMPORT EXPORT

POLICY AM

2 DISCREPANT DOCUMENTS TO BE SENT

STRICTLY ON COLLECTION BASIS

71B Details of charges Narrative ALL FOREIGN BANK CHARGES OUTSIDE

INDIA ARE FOR THE BENEFICIARYrsquoS

ACCOUNT

48 Period for presentation

Narrative

WITHIN ----- DAYS FROM THE DATE OF

BILL OF LADING AIRWAY BILL 49 Confirmation instructions

Instruction

WITHOUT

53D Reimbursing Bank

Name amp Address

BANKERS OF MDL WILL SPECIFY

78 Instructions to the Paying Accepting Bank

Narrative

BANKERS OF MDL WILL SPECIFY 72 Sender to Receiver Information

Narrative

BANKERS OF MDL WILL SPECIFY

GM(M)MTI2000007617Passivation Station

Page 39 of 45

Enclosure-7

PROFORMA BANK GUARANTEE FOR BID BOND EMD

(On Non-Judicial stamp paper of value Rs 500-)

IN CONSIDERATION OF MAZAGON DOCK SHIPBUILDERS LIMTED a company incorporated under the Companies Act 1956 and having its registered office at Dockyard Road Mumbai 400010 (hereinafter referred to as

the ldquothe Companyrdquo which expression shall unless it be repugnant or contrary to the subject or context thereof be

deemed to mean and include its successors and assigns) having agreed to accept the Earnest Money Deposit (EMD)

of Rs--------------------------- -------(Rupees-----------------------------only) in the form of Bank Guarantee from Messers

a partnership firmsole proprietor businessa company registered under the Companies Act 1956

having its office at (hereinafter called the tenderer which expression shall unless it be

repugnant or contrary to the subject or context thereof be deemed to mean and include its successors and assigns) for

participating in the Tender nodated (hereinafter called the tender which expression

shall include any amendmentsalterations to the tender issued by the Company) for the supply delivery at site

installation and commissioning of certain equipment itemservicescivil works etc We

Bank having office at (hereinafter referred to as ldquothe Bankrdquo which

expression shall includes its successors and assigns) hereby agree to pay to the Company without any demur on first

demand an amount not exceeding Rs (Rupeesonly) against any loss or damage costs charges and expenses caused to or suffered by the Company by reason of non performance and non-fulfilment or for

any breach on the part of the tenderer of any of the terms and conditions of the said tender

2 We Bank further agree that the Company shall be sole judge whether the said tenderer has

failed to perform or fulfil the said tender in terms thereof or committed breach of any terms and conditions of the

tender the extent of loss damage cost charges and expenses suffered or incurred or would be suffered or incurred by

the Company on account thereof and we waive in the favour of the Company all the rights and defences to which we

as guarantors may be entitled to

3 We Bank further agree that the amount demanded by the Company as such shall be final and

binding on the Bank as to the Bank s liability to pay and the amount demanded and the Bank undertake to pay the

Company the amount so demanded on first demand and without any demur notwithstanding any dispute raised by the

tenderer or any suit or other legal proceedings including arbitration pending before any court tribunal or arbitrator

relating thereto our liability under this guarantee being absolute and unconditional

4 We Bank further agree with the Company that the Company shall have the fullest liberty

without our consent and without affecting in any manner our obligations hereunder to vary any of the terms and

conditions of the said tenderor to extend time of performance by the tenderer from time to time or to postpone for

any time to time any of the powers exercisable by the Company against the tenderer and to forbear to enforce any of

the terms and conditions relating to the tender and we shall not be relieved from our liability by reason of any such

variation or extension being granted to the tenderer or for any forbearance act or omission on the part of the

Company or any indulgence by the Company to the tenderer or by any such matter or things whatsoever which under

the law relating to sureties would have the effect of relieving us

5 We Bank further undertake not to revoke this guarantee during its currency except with

the previous consent of the Company in writing

6 We Bank also agree that the Bankrsquos liability under this guarantee shall not be affected

by any change in the constitution of the tenderer or dissolution or winding up of the business of the tenderer

7 Notwithstanding anything contained herein above

i) Our liability under this guarantee shall not exceed Rs

ii) This Bank Guarantee shall be valid upto and including and

iii) We are liable to pay the guarantee amount or any part thereof under this Bank Guarantee only and only if you

serve upon us a written claim or demand on or before helliphelliphellip (validity + --- weeks from the date of expiry of this

guarantee)

8 This Guarantee shall be governed by Indian laws and the Courts at Mumbai India shall have the exclusive

jurisdiction

GM(M)MTI2000007617Passivation Station

Page 40 of 45

IN WITNESS WHEREOF the Bank has executed this document on this day

of

For Bank

(by its constituted attorney

or the person authorized to sign)

(Signature of a person authorized

to sign on behalf of the Bank)

GM(M)MTI2000007617Passivation Station

Page 41 of 45

Enclosure-8

PROFORMA BANK GUARANTEE FOR SECURITY DEPOSIT (ILLUSTRATIVE FORMAT)

(On Non-Judicial stamp paper of value Rs 500)

IN CONSIDERATION OF MAZAGON DOCK SHIPBUILDERS LIMTED a company incorporated under the

Companies Act 1956 and having its registered office at Dockyard Road Mumbai 400010 (hereinafter referred to as

the ldquothe Purchaserrdquo which expression shall unless it be repugnant or contrary to the subject or context thereof be

deemed to mean and include its successors and assigns) having placed an order on Messers

a partnership firmsole proprietor businessa company registered under the Companies Act 1956

having its office at (hereinafter called the Contractor Supplier which expression shall unless it

be repugnant or contrary to the subject or context thereof be deemed to mean and include its successors and assigns)

vide order No dated (hereinafter called the order which expression shall include any

amendmentsalterations to the order issued by the Purchaser) for the supply delivery at site installation and

commissioning of certain equipment itemservicescivil works etc as stated in the said Order and the Purchaser

having agreed with the ContractorSupplier to accept a Bank Guarantee in lieu of Security Deposit payable under the

said order for the fulfilment and performance of the said order We Bank having

office at (hereinafter referred to as the Bank which expression shall includes its

successors and assigns) hereby agree to pay to the Purchaser without any demur on first demand an amount not

exceeding Rs (Rupeesonly) being 5 of the order value against any loss or damage costs

charges and expenses caused to or suffered by the Purchaser by reason of non performance and non-fulfilment or for

any breach on the part of the Contractor Supplier of any of the terms and conditions of the said order

2 We Bank further agree that the Purchaser shall be sole judge whether the said

contractorSupplier has failed to perform or fulfil the said order in terms thereof or committed breach of any terms

and conditions of the order and the extent of loss damage cost charges and expenses suffered or incurred or would

be suffered or incurred by the Purchaser on account thereof and we waive in the favour

of the Purchaser all the rights and defences to which we as guarantors may be entitled to

3 We Bank further agree that the amount demanded by the Purchaser as such shall be final and

binding on the Bank as to the Bank s liability to pay and the amount demanded and the Bank undertake to pay the

Purchaser the amount so demanded on first demand and without any demur notwithstanding any dispute raised by the

ContractorSupplier or any suit or other legal proceedings including arbitration pending before any court tribunal or

arbitrator relating thereto our liability under this guarantee being absolute and unconditional

4 We Bank further agree with the Purchaser that the Purchaser shall have the fullest liberty

without our consent and without affecting in any manner our obligations hereunder to vary any of the terms and

conditions of the said orderor to extend time of performance by the Supplier from time to time or to

postpone for any time to time any of the powers exercisable by the Purchaser against the Contractor Supplier and to

forbear to enforce any of the terms and conditions relating to the order and we shall not be relieved from our liability

by reason of any such variation or extension being granted to the Contractor Supplier or for any forbearance act or

omission on the part of the Purchaser or any indulgence by the

Purchaser to the ContractorSupplier or by any such matter or things whatsoever which under the law relating to

sureties would have the effect of relieving us

5 We Bank further undertake not to revoke this guarantee during its currency except with

the previous consent of the Purchaser in writing

6 We Bank also agree that the Bankrsquos liability under this guarantee shall not be affected

by any change in the constitution of the Contractor Supplier or dissolution or winding up of the business of the

contractor supplier

7 Notwithstanding anything contained herein above

i) Our liability under this guarantee shall not exceed Rs

ii) This Bank Guarantee shall be valid upto and including and

GM(M)MTI2000007617Passivation Station

Page 42 of 45

iii) We are liable to pay the guarantee amount or any part thereof under this Bank Guarantee only and only if you

serve upon us a written claim or demand on or before helliphelliphelliphellip(validity + ---weeks from the date of expiry of this

guarantee)

8 This Guarantee shall be governed by Indian laws and the Courts at Mumbai India

shall have the exclusive jurisdiction

IN WITNESS WHEREOF the Bank has executed this document on

this day of

For Bank

(by its constituted attorney)

(Signature of a person authorised

to sign on behalf of the Bank)

GM(M)MTI2000007617Passivation Station

Page 43 of 45

Enclosure-9

PROFORMA BANK GUARANTEE FOR PERFORMANCE (ILLUSTRATIVE FORMAT)

(On Non-Judicial stamp paper of value Rs 500-)

IN CONSIDERATION OF MAZAGON DOCK SHIPBUILDERS LIMTED a company incorporated under the

Companies Act 1956 and having its registered office at Dockyard Road Mumbai 400010 (hereinafter referred to as

the ldquothe Purchaserrdquo which expression shall unless it be repugnant or contrary to the subject or context thereof be

deemed to mean and include its successors and assigns) having placed an order on Messers a

partnership firmsole proprietor businessa company registered under the Companies Act 1956 having its Registered

office at (hereinafter called the Contractor Supplier which expression shall unless it be

repugnant or contrary to the subject or context thereof be deemed to mean and include its successors and assigns)

vide order No dated (hereinafter called the order which expression shall include any

amendmentsalterations to the order issued by the Purchaser) for the supply delivery at site installation and

commissioning of certain equipment itemservicescivil works etc as stated in the said Order and the Purchaser

having agreed that the Contractor Supplier shall furnish a security for the performance of the Contractorrsquos

Suppliers obligations andor discharge of the Contractorrsquos Suppliers liability in connection with the said order and

the Purchaser having agreed with the ContractorSupplier to accept a performance guarantee We

Bank having office at (hereinafter referred to as the

Bank which expression shall includes its successors and assigns) hereby agree to pay to the Purchaser without any

demur on first demand an amount not exceeding Rs (Rupeesonly) being 10 of the order

value against any loss or damage costs charges and expenses caused to or suffered by the Purchaser by reason of

non-performance and non-fulfilment or for any breach on the part of the Contractor Supplier of any of the terms and

conditions of the said order

2 We Bank further agree that the Purchaser shall be sole judge whether the said

ContractorSupplier has failed to perform or fulfil the said order in terms thereof or committed breach of any terms

and conditions of the order and the extent of loss damage cost charges and expenses suffered or incurred or would

be suffered or incurred by the Purchaser on account thereof and we waive in the favour of

the Purchaser all the rights and defences to which we as guarantors may be entitled to

3 We Bank further agree that the amount demanded by the Purchaser as such shall be final and

binding on the Bank as to the Bank s liability to pay and the amount demanded and the Bank undertake to pay the

Purchaser the amount so demanded on first demand and without any demur otwithstanding any dispute raised by the

ContractorSupplier or any suit or other legal proceedings including arbitration pending before any court tribunal or

arbitrator relating thereto our liability under this guarantee being absolute and unconditional

4 We Bank further agree with the Purchaser that the Purchaser shall have the fullest liberty

without our consent and without affecting in any manner our obligations hereunder to vary any of the terms and

conditions of the said orderor to extend time of performance by the Supplier from time to time or to postpone for

any time to time any of the powers exercisable by the Purchaser against the Contractor

Supplier and to forbear to enforce any of the terms and conditions relating to the order and we shall not be relieved

from our liability by reason of any such variation or extension being granted to the Contractor Supplier or for any

forbearance act or omission on the part of the Purchaser or any indulgence by the Purchaser to the

ContractorSupplier or by any such matter or things whatsoever which under the law

relating to sureties would have the effect of relieving us

5 We Bank further undertake not to revoke this guarantee during its currency except with

the previous consent of the Purchaser in writing

6 We Bank also agree that the Bankrsquos liability under this guarantee shall not be affected

by any change in the constitution of the Contractor Supplier or

dissolutionhelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

7 Notwithstanding anything contained herein above

i) Our liability under this guarantee shall not exceed Rs

ii) This Bank Guarantee shall be valid upto and including and

GM(M)MTI2000007617Passivation Station

Page 44 of 45

iii) We are liable to pay the guarantee amount or any part thereof under this Bank Guarantee only and only if you

serve upon us a written claim or demand on or before helliphelliphellip (validity + ---weeks from the date of expiry of this

guarantee)

8 This Guarantee shall be governed by Indian laws and the Courts at Mumbai India shall have the exclusive

jurisdiction

IN WITNESS WHEREOF the Bank has executed this document on

this day of

For Bank

(by its constituted attorney)

(Signature of a person authorised

to sign on behalf of the Bank)

GM(M)MTI2000007617Passivation Station

Page 45 of 45

Enclosure-10

Electronic Payment Mandate Form

(MDL Bank details)

Name of the CompanyFirm Mazagon Dock Shipbuilders Limited

Address with Phone no Dockyard Road Mumbai ndash 400010

E-Mail ID

Phone No +91 22 23745310

Fax No

Particulars of Bank Account

Name of the Bank State Bank of India

Name of the Branch Mazagon Dock Mumbai Branch

Branch Code 9054

Bank IFSC NEFT Code SBIN0009054

Bank Address MBPT Workshop building NV Nakhwa Road Mazagon - 400010

City Name Mumbai

Telephone No of Bank +91 22 23752802

9 digit code no of bank amp branch

appearing on the MICR cheque

issued by your bank

400002120

Type of Account Current Account

Account No 10005255246

Income Tax PAN No AAACM8029J

Page 5: Final Tender - Mazagon Dock Shipbuilders...DIVISION-SHIP BUILDING DEPARTMENT-MATERIAL PROCUREMENT Tender no.: GM(M)/MTI/2000007617 for the Engineering, Manufacturing, Supply/Installation,

GM(M)MTI2000007617Passivation Station

Page 5 of 45

7 Any deviation from the scope of work terms and condition to be listed separately

Spares

The Supplier should provide the following along with the passivation station

1Special maintenance tools emergency spares (mechanical electrical) and a list of the same to

be submitted with the offer

2Supplier to submit quote for 2 Years recommended maintenance spares indicating Part No

Quantity rate along with validity of rates etc along with offer 3 Minimum quantity of chemicals required for passivation (chemical spares) are Sodium

Chloride 250 Kg amp Iron Sulphate 250 Kg 4Spare Pump Qty-1 Nos with a discharge of 40 cubic meterhour and a discharge head of 22m

5Mechanical seal for the pump at SrNo4 Qty-3 Nos

Maintenance The normal maintenance operation should be simple amp require a minimum additional space

Inspection and Certification

1Third Party Inspection (viz IRS ABS DNV EIL) is to be carried out by the Bidder at their

own cost at factory for workmanship The stage of inspection (QA plan) to be submitted with 30 days after placement of order for approval by MDL

2Factory acceptance trial shall be witness by representative of MDL at supplier premises along with the third party inspection agency for which supplier has to send the prior information of at

least 20 days in advance The charges for MDL personnel will be borne by MDL 3In Factory Acceptance Trail (FAT) several test trail should be performed to verify the

capability of the equipment to meet the required quality of passivation on pipeline circuit The

supplier should submit the FAT procedure to MDL within 30 days after placement of order for

approval

4Receipt inspection shall be carried out on receipt of the equipment at MDL by MDL (QA-

EY) representative

Installation and Commissioning

1Supplier shall be responsible for setting to work and commissioning of the station at East

yard MDL The Supplier is solely responsible if commissioning period extends due to any

reason not attributed to MDL

2Supplier shall arrange all manpower tools and any other items required for commissioning of

the station

3Bidder to give the details of space required for installing the station power supply and any

other requirements to be provided by MDL for working of this system within one month from

the date of placement of order MDL will provide Electric supply compressed air and water free

of cost All charges of installation commissioning service Engineer to be borne by the Bidder

4Spares consumed while setting the passivation station to work commissioning shall be

replaced by the bidder one to one basis free of cost 5Foreign Bidders shall give details of their nominated servicing firm in India to carry out the

installation of the machine and after sales services

Training

Bidder has to impart complete training on operation amp maintenance of the station to Operatives

amp maintenance personnel after successful commissioning

Warranty 1Supplier shall warranty the performance of the station for a period of 12 months after

commissioning or 24 months after receipt of station at MDL whichever is earlier During this period defects if any shall be attended free of cost within 10 working days on being notified

GM(M)MTI2000007617Passivation Station

Page 6 of 45

2The Supplier shall supply the spares of equipment as and when projected for period of ten

years after acceptance of the machine

3Electrical and electronic components shall be so chosen from ranges for which after- sales

support and spares suppliers are guaranteed for a period of 10 years after acceptance of the

machine

Delivery Within 4 months from the date of placement of order Final acceptance of machine on site after

Verification that the machine is complete and conforms to the present specification and all checks are in conformity

30 Prequalification Criteria

31 Pre-Qualification CriteriaDocuments-

311 Bidders Company Profile and Organization Chart

312 Bidders supporting documents for type of company such as -

a Shop amp Establishment registration certificate

b Certification from registrar of firms

c Certificate of Incorporation by registrar of company

313 List of equipment held by them with model year working status along with details of their

manufacturing facilities and personnel with designation qualification and experience to

determine their capabilities NSIC SSI registered bidders are requested to submit the valid

registration certificate indicating the capacity alternatively

314 Audited Certified Balance sheet Profit Loss account for past 3 years(2016-17 2017-18 amp

2018-19)

315 The bidder should have a minimum average turnover of at least for Rs 5379000- during the

last 3 years and shall submit last three years ie 2015-16 2016-17 amp 2017-18 audited balance

sheet amp Profit amp loss account statement Documents should be in English language

316 The bidder should have executed orders of similar supplies of value of at least for

Rs 8965000- during the last 03 years from tender closing date and shall submit Purchase

order copies along with work completion certificate Documents should be in English language

Similar supplies defined as ldquoSupply installation and commissioning of PASSIVATION

STATIONrdquo

317 Declaration by bidders that the firm is GST registered Non GST registered registered under

composition scheme

318 Only bids from OEM will be consider against this tender

GM(M)MTI2000007617Passivation Station

Page 7 of 45

NOTE - (1) Submission of documents mentioned above is mandatory for every bidder Bidders need

to submit supporting documentary evidence in support of the Pre-Qualification Criteria Viz

Work Order Work Completion Certificate issued by the party for whom the work is done

(2) Bidders registered with Mazagon Dock Shipbuilders Limited should furnish copy of valid

registration certificate

(3) MDL has a right to demand for hard copy of any of the above documents any other document amp verify cause verification of authenticity of the said documents or may carry out

site visit whenever felt necessary Bidders shall comply with the same If the document

verification is not found satisfactory to MDL and on verification if the document is not found

authentic to MDL offer is liable for rejection MDLrsquos decision in this regard will be final and

binding on the bidder without stating any reason whatsoever it may be

4 Validity Period Bids Offers shall have a validity period of 120 days from the tender closing date A

bid valid for a shorter period will be liable for rejection by MDL as non-responsive Technically accepted bidder will be given opportunity to accept validity as per tender in case of short validity In case

of non-acceptance of validity as per tender term thereafter the firm offer will be rejected as non-

responsive

5 On-line submission of bids in Two-Bid System Offer must be submitted in two parts through E-

tendering system Bidders are requested to log on to httpseprocuremdlnicin for submission of bids

against above tender Bids must be submitted in Two parts ie Part-I (Techno-Commercial bid) and Part-

II (Price Bid) as appearing on-line

51 Part I Bid (Techno-Commercial bid)

511 Detailed Technical offer for technical scrutiny along with point-wise acceptance or

offered specifications against required specification Technical details catalogues

drawings data sheets calculations as applicable to be enclosedattached in

attachment provision given online

512 Bidders to carefully fill all listed online forms providing their

commentsAcceptancedeviations if any in the space provided online against

respective clauses of Technical specifications Tender terms amp conditions (TEF) GT

ampC and STACS etc

Un-priced format stating Quoted or Not Quoted whichever is applicable must be

selected from dropdown list in un-price bid form and applicable taxes must be

mentioned in respective tax column

513 Indigenous bidders to quote in INR amp Foreign bidders to quote in respective foreign

currency

514 Pre-qualification documents as listed at Para 3 above

515 Deviation Sheet if any shall be uploaded on-line for TEF STACS and GTampC

516 Enterprises status (If any) to be indicated in Part-I Micro Medium Small

515 The scanned image of receipt of NEFTRTGSBid bondSwift message towards

Earnest Money Deposit or Documents towards which EMD exemption is being

claimed as stipulated in TEF clause no 6 shall be uploaded at Part-I tender stage

The original of the NEFTRTGSBGBid bond swift message shall be forwarded to

GM (M) in sealed envelope superscribing Tender Enquiry No and Due date so as to

reach within 7 MDL working Days from the tender closing date addressed

To

GM (M)

II FLOOR MOGUL HOUSE

SOUTH YARD

MAZAGON DOCK SHIPBUILDERS LTD

GM(M)MTI2000007617Passivation Station

Page 8 of 45

DOCKYARD ROAD

MUMBAI- 400010

EMD payment can also be submitted as Bank Guarantee(BG)

52 Part-II (Price Bid)

521 Indigenous bidders to quote in INR on door delivery basis amp overseas bidders to

quote in foreign currency on CIF basis Indigenous bidders quoting in currency other

than INR will be liable for rejection

522 Bidder to fill their prices online strictly in the online price bid form only Prices amp

other charges (as listed in form) to be enteredfilled in the applicable

headcellcolumns only as prices in wrong headcellcolumn which are not applicable

to you (bidder) will finally affect your (bidders) total landed cost amp accordingly

ranking Wherever any charges from the listed charges are not applicable to bidder

then lsquozerorsquo to be entered in that respective headcellcolumn

Refer Illustrative format and guidelinerdquo at Annexure-2A for quoting prices in

online price bid form

523 In case of any discrepancy in the Blank Rate Schedule Format and actual On-line

Price Bid after opening of the Price Bids the details (GST and any charges)

mentioned in the On-line Price bid shall prevail over the details in blank rate schedule

format However the negotiated commercial terms before price bid opening will be

considered for ranking and evaluation as per Para15

53 Bidders in their own interest are requested to upload their bids well in advance of tender closing

date to avoid the last minute difficulties in uploading the bids

54 Problems in hardwaresoftware Internet connectivity system configurations Browser setting etc

for whatsoever reason shall not be considered for extension of tender closing date and time

55 Bidders quoting on behalf of overseas principals should quote in INR (Indian Rupees) on FOR

Door delivery basis with their principalrsquos authorization letter Overseas bidders to quote directly

in foreign currency on CIF basis amp also quote FOB amp installationCommissioning charges

additionally Currency to be quoted by foreign bidder in USDEURO

56 No Exemptions towards Custom duty is applicable amp hence no exemptions certificates will be

issued

GM(M)MTI2000007617Passivation Station

Page 9 of 45

6 Earnest Money Deposit (EMD) BID BOND

61 Bidders shall have to make payment towards EMD amounting to Rs 358600- (Rupees Three Lakhs Fifty Thousand Six Hundred only) directly from MDL payment Gateway the path

of which is provided at Enclosure-11 It is mandatory for bidders to make EMD payment through

MDL payment portal or NEFT RTGS

EMD payment in the form of BG is also accepted (Please refer Enclosure- 7 for EMD BG format)

Bidders have to enter Vendor Name Nature of Payment and Tender No in Text Narration

Field while making NEFT RTGS payment to Mazagon Dock Shipbuilders Limited Bank

Account No 10005255246 and a scanned copy of payment made to our Account should be

uploaded in Techno-commercial bid (Part-I) towards proof for submission of EMD against this

tender

a) Bidderrsquos offer will be categorically rejected if EMD payment will be made after tender due date and time to Mazagon Dock Shipbuilders Limited Account However bank

guarantee drawn in favor of MAZAGON DOCK SHIPBUILDERS LIMITED Mumbai from

the list of Banks approved by SBI Canara Bank published on MDL Website or bid bond swift

message of equivalent foreign currency for foreign bidders shall be forwarded GM (M) in

sealed envelope super-scribing Tender Enquiry No and Due date so as to reach us within 7

MDL working days from the tender closing date The scanned image of NEFTRTGS BG Bid

bondswift message shall be uploaded at Part-I tender stage The bid bond Bank Guarantee

should be valid for 120 days+4 weeks from the tender closing date Similarly authorized Indian

agent can submit BG from bank as per list of banks approved by SBI Canara bank as bank of

international repute published on MDL website on behalf foreign bank Bidders to advise their

bankbanker to send EMDBG directly to commercial department or through SWIFT to dispense

with additional step of verification of authenticity of signatories In case of EMD transmitted

through SWIFT it shall be the responsibility of the bidder that he directs the receiving banker

to forward the message duly authenticated to the concerned commercial officer mentioned in

the tender Bids without EMD other than those who are exempt from payment of EMD will not

be considered EMD of unsuccessful bidders will be returned after finalization of the tender and

shall be interest free Bids without EMD will not be considered

b) EMD of unsuccessful bidders will be returned after finalization of the tender and shall be interest free

MDL bank details for Direct Electronic transfer is as under

BENEFICIARYrsquoS

NAME MAZAGON DOCK SHIPBUILDERS LIMITED

NAME OF BANK STATE BANK OF INDIA

BRANCH amp ADDRESS MAZAGAON BRANCH MAZAGAON MUMBAI 400010

BR CODE 9054

ACCOUNT NO 10005255246 ACCOUNT TYPE CURRENT

ACCOUNT

IFSC CODE SBIN0009054 RTGS CODE SBIN0009054

NEFT CODE SBIN0009054 MICRNECS

CODE 400002120

INCOME TAX PAN

NO AAACM8029J GST ID 27AAACM8029J1ZA

62 EXEMPTION FROM SUBMISSION OF EMDBID BOND Following bidders shall be exempt from submission of EMDBid Bond

62 Following bidders shall be exempt from submission of EMDBid Bond

621 State amp Central Government of India departments Public Sector Undertakings

622 Firms registered with Mazagon Dock Shipbuilders Limited (MDL) for the items for

GM(M)MTI2000007617Passivation Station

Page 10 of 45

which the offer is being submitted (To qualify for EMD exemption firms should

necessarily submit VALID copy of the registration certificate issued by MDL in Part-

I offerbid Firms in the process of obtaining MDL registration will not be considered

for EMD exemption)

623 Firms registered with NSIC under its ldquoSingle Point Registration Schemerdquo

(Exemption will apply only to items service indicated under description of work

supplies services amp value up to which bidders are registered with NSIC) To qualify

for EMD exemption firms should necessarily submit VALID copy of the registration

certificate issued by NSIC in Part-I offer bid Firms in the process of obtaining

NSIC registration will not be considered for EMD exemption

624 Firms registered as Micro and Small Enterprises (MSEs) To qualify for EMD

exemption firms should necessarily upload VALID copy of the registration

certificate from the competent authority regarding their Micro Small Industry status

in Part-I offerbid

625 Commondeemed DPSU registered vendors qualify for EMD exemption Such firms

shall submit valid copy of the registration certificate issued by DPSUs (other than

MDL) for the itemsservices for which the offer is being submitted on Part-I

offerbid Firms in the process of obtaining registration in other DPSUs will not be

considered for EMD exemption

626 Green channel status vendors qualify for EMD exemption Such firms shall submit

valid copy of the green channel certificate issued by MoD for the items for which the

offer is being submitted in Part-I offerbid Firms in process of obtaining this

certificate will not be considered for EMD exemption

7 Bid Rejection Criteria

71 Following bids shall be categorically rejected

711 Bids received after tender closing date and time

712 Bids received without EMD (other than those who are exempted from payment of

EMD) as specified in the tender

713 Bidders not agreeing to provide assistance for installation Testing Commissioning amp other such Technical activities of equipment supplied by them

714 Bids received in any form other than through e-Portal

715 If the date of issue of EMD (DDBGSWIFT message) is later than the tender closing

date

72 Following bid rejection criteria may render the bids liable for Rejection

721 Bidderrsquos failure to furnish sufficient or complete details for evaluation of the bids

within the given period ranging in between 2 to 3 weeks depending on deficiencies

noticed in the drawing technical data which shall not however conflicts with validity

period

722 Incomplete misleading ambiguous bids in the considered opinion of TNC

723 Bids with technical requirements and or terms not acceptable to MDL Customers

External agency nominated as applicable

724 Bids without uploading pre-qualification documents where required as per the tender

GM(M)MTI2000007617Passivation Station

Page 11 of 45

725 Bids not meeting the pre-qualification parameters stipulated in the tender enquiry

726 Bidders not agreeing to supply spares post sale product support post work

completion support

727 High seas sales sales in transit

728 Unreasonably longer delivery period quoted by the firm

729 Validity period indicated by bidders is shorter than that specified in the tender

enquiry

7210 Bidders not agreeing to furnish required Security Deposit Required Contract

Performance Guarantee till completion of the supplies services as per contract

7211 Bidders not agreeing to furnish Performance Bank Guarantees for equipment

supplied services rendered or not agreeing for retention of equivalent amount by

MDL up to the period till completion of contractual and guarantee warranty

obligations

7212 Bidder not agreeing to quote as a single point responsibility for whole scope of work

(ie right from design supply of systemequipment till commissioning STW amp

training at MDL site)

7213 Bidders not agreeing warrantyguarantee Clause of tender (clause no 10)

8 Pricing Prices to be quoted on firm and fixed basis during the currency of the order contract

81 For Indigenous Bidders Indigenous Bidder shall quote the prices online of all items services listed in

the online price sheet format of the tender enquiry for delivery of the items in MDL store completion of

the work at MDL site The prices quoted shall remain firm and fixed during the currency of the order

contract unless agreed otherwise by MDL and should be inclusive of all cost towards Packing amp

forwardinginsurancefreight deliveryTransportation and transit insurance

82 For Foreign Bidders Bidder shall quote the prices online on the CIF Mumbai Port of destination

(India) basis only Prices on the basis of FOB factory or ex-works are not acceptable However FOB

cost shall also be quoted The prices quoted shall remain firm and fixed during the currency of the order

contract unless agreed otherwise by MDL To arrive at custom charge the foreign bidder(s) must submit

details viz (i) port of dispatch (ii) containerized dispatch (iii) Number of container (iv) Gross weight

9 Terms of Payment - MDL does not pay any advance Payment for Indigenous amp Overseas bidders

91 For Indigenous Bidders

911 Supply Installation commissioning amp training - Payment for the value of supply and services as reduced by any deductibles andor the amount

leviable towards liquidated damages if any may be payable through NEFTRTGSECS between 15-

20 days of completion of complete scope of work (ie after Supply Installation trials

commissioning and training) and against submission of documents in Triplicate including Delivery

challan(s) receipt inspection amp acceptance report warranty Guarantee certificate Test reports

Certificates if applicable Packing Lists Invoice Storage Preservation Maintenance Procedures

amp other Technical documentation in requisite sets as relevant and work completion certificate duly

certified by an officer from the user department in the rank of CM or above and submission amp

subsequent confirmation of performance bank guarantee for 10 of the total order value excluding

taxes

GM(M)MTI2000007617Passivation Station

Page 12 of 45

912 TReDS

Alternate MSME vendor payment through TReDS

ldquoIn order to address the financial needs of MSME firms GoI has introduced a platform for

facilitating the financing of trade receivables of MSMEs from buyers through multiple

financiers which is termed as Trade Receivables Discounting System (TReDS) At TReDS

auctioning of invoices at competitive amp transparent environment is done by financers based on

Buyerrsquos credit profile

MDL is registered on the Invoicemart TReDS platform and M1xchange of Ms Mynd

Solutions Pvt Ltd

MSME bidders desirous to receive payments through TReDS platform may avail the facility if

they are already registered on

1Invoicemart TReDS platform or by registering on it

Contact details at Invoicemart TReDS platform are as below

022 6235 7373 and a new mail id serviceinvoicemartcom

2 M1xchange

TReDS platform

or by registering on it

Contact details at M1xchange TReDS platform are as below

+91 9920455374 MsAshwathi Jayandran email id ashwathijayandranm1xchangecom

+91 8839915724 Ms Prinyaka Shah email id prinyakashahm1xchangecom

MSE bidders upon successful delivery shall submit their invoices along with the mandated

enclosures at MDL Central Receipt Section MSE vendors desirous to receive payments through Invoicemart TReDS platform or M1xchange TReDS platform shall submit their TReDS

details along with the invoice at MDL Central Receipt Section Upon receipt and acceptance of the

supplied material and receipt of invoices with the mandated enclosures MDL shall process the

invoice for payment on Invoicemart M1xchange TReDS platform Any unfinanced invoices

invoices of MSE bidders seeking payment from MDL directly shall be processed as per the Standard

payment terms agreed in PO contractrdquo

92 For OverseasForeign Bidders

(A)

Payment through LC - Payment against irrevocable letter of credit (LC)

established through our bankers as per format at illustrative Annexure 6 For opening

LC Supplier should essentially furnish their clear amp timely acceptance of the order

For opening LC all charges outside India shall be borne by the beneficiary

(Supplier) Additional loading of prices (A) towards charges incurred in LC opening

by MDL and (B) Interest for period of 20 days base rate of SBI+2 on payment

amount is to be considered while evaluating foreign bidders for ranking purpose In

case supplier seeks LC amendment for no fault of MDL or requires confirmation of

LC then all charges towards LC amendment or confirmation of LC respectively

shall be borne by the Supplier LC will allow Payment on timely presentation of

following documents through bank Opening of LC shall be before one month of

the schedule for dispatch or before such period as may be discussed and mutually

agreed to in the PNC (Price Negotiations) The time limit for opening of LC and or

amendment for LC shall be 7 days or within such no of days as may be stipulated in

purchase orderContract Delay in opening of LC can lead to corresponding delay in

delivery and hence no LD is applicable on such delayed portion

LC will be opened accordingly after receipt of intimation about readiness of

Material items equipments LC shall be valid for 89 days Firm to sendsubmit

documents as listed in Para 921 to 9212 below in originals for custom clearance of

material to MDL directly after shipment

GM(M)MTI2000007617Passivation Station

Page 13 of 45

For Items-

921 Set of Original + 2 Copies of signed Invoice showing item wise prices as per the order

922

Set of Original + 2 Copies of signed Packing List clearly showing list of items

packed Specifying unit as per Indian Custom Tariff

923

Set of Original + 2 Copies Clean on Board Bill of Lading OR Air Way Bill made in

the name of MDLrsquos Bank and Marked as freight paid

924

Set of Original + 2 Copies of Certificate of approval OR Release Note from MDL

nominated Inspection agency or Work completion performance certificate or

Dispatch clearance from MDL

925 Certificate of country of origin in Original + 2 Copies by chamber of commerce

926 Original + 2 Copies of Warranty Certificate in prescribed format

927

Original + 2 Copies of all Manufacturerrsquos Test Certificates (MTCs) Reports

Drawings Manuals Procedures etc as relevant to the ordered item

928

Original + 2 Copies of Performance Bank guaranteeequivalent BG wherever

applicable

929

Certificate Confirming that supplier has couriered dispatched 03 sets of Non

Negotiable Documents comprising of all Test reports MTCs Technical

Documents Drawings Manuals Procedures etc and of Signed Invoices Packing

Lists Bill of LadingAWB MDL nominated Inspection Agencyrsquos Certificate of

approval Country of Origin Certificate Warranty Certificate Performance Bank

Guarantee directly to MDL

9210

Original + 2 Copies of the Certificate issued by the classified society confirming

seaworthiness of the vessel and that the shipment is made on vessels of not more

than 15 years vintage (Applicable in case of CIF contracts orders agreed by MDL)

9211

Certificate issued by MDL confirming that the delivery is made in time and no

penalty is applicable OR in case of delays admissible amount of penalty will be specified by MDL in this certificate for reduction of equal amount from supplierrsquos

invoice (MDL will issue this certificate generally by e-mail or FAX immediately on

receipt of signed copy of invoice packing list approval certificate of the nominated

inspection agency date of the proposed shipment amp copies of BL or AWB or any

other acceptable documents confirming supplierrsquos readiness dispatch)

9212

Certificate confirming that the shipping instructions (inclusive of packing) have

been followed while packing shipment and forwarding of details for insurance to

MDL

Important Notes for Foreign Bidders 1 All the documents should clearly indicate the Purchasers Order number Import

License Number Airway Bill Bill of Lading Number

2 Foreign Bidders must submit the Letter of Credit format duly filled as per Annexure- 6

of the tender

3 To arrive at the custom charges the foreign bidders must submit the following details

along with the Part ndashI Bid -

(a) Port of dispatch to be clearly specified

(b) Containerized dispatch Break bulk

(c) No of required containers with their size amp type (20Feet40 FeetOpenClosed)

(d) Gross weight

(e) Any other specific handling Instructionsconditions of consignment

GM(M)MTI2000007617Passivation Station

Page 14 of 45

10 GuaranteeWarranty Supplier shall warranty the performance of the Passivation station for a

period of 12 months after commissioning or 24 months after receipt of station at MDL

whichever is earlier

During this period all defects arising out of defective material and faulty workmanship will be

rectified by repairing or replacing part or whole material as necessary free of charge on door

delivery basis Any consequential damagedefect or loss of items due to poor

workmanshippoor material qualitynegligence etc attribute to the bidder to be rectifiedreplaced by the bidder free of cost All the necessary spares tools Service engineers

amp Mechanics required for repairs to be arrange by vendor at no extra cost and machine to be

put into operation at the earliest

11 Performance Bank Guarantee (PBG) The Successful bidders will have to submit PBG in the prescribed format from the list of

Banks approved by SBI Canara Bank published on MDL Website for 10 of the Order value

excluding taxes etc valid for 13 months (validity 12 months + 1 month claim period) from the date of supply or offer your consent to MDL for retention of 10 of order value towards

PBG Bidders may advise their bankbanker to send BG directly to commercial department or

through SWIFT to dispense with additional step of verification of authenticity of signatories

In case of BG transmitted through SWIFT it shall be the responsibility of the bidder that he

directs the receiving banker to forward the message duly authenticated to the concerned

commercial officer mentioned in the tender

12 Bidder shall abide by all Standard Terms and Conditions of Supply (STACS) GTampC and

accordingly contract will be governed as per uploaded form at Stage Name Part ndashI (Techno-

Commercial Bid) Deviation if any shall be clearly indicated In case of discrepancy clauses

mentioned in Tender Technical Scope and Rate sheet will override the clauses mentioned in

other annexure including STACS amp GTampC In event we do not receive acceptance forms

dully filled for TEF STACS and GTampC it shall be presumed that all our terms and

conditions of tender are acceptable to you

13 Taxes amp Duties - The item-wise rates quoted in the Rate Sheet should exclude GST and

duties

131 For Indigenous bidders The rate sheet to be enclosed with the tender will indicate

the rates under each tax head viz GST

a Only those bidders who indicate the taxes amp duties separately as above all

shall be entitled for consideration of change in corresponding rates in case

of variation in statutory levies

b Supplierbidder will not be entitled to any increase in rate of taxes

occurring during the period of extended delivery schedule if there is delay

in supply completion attributed to him however if there is a decrease in

taxes the same must be passed on to MDL

c Wherever all-inclusive prices are quoted by the bidders without bifurcation

of tax elements no escalation can be considered in respect of any variation

in statutory levies arising subsequently because of the absence of the

required base figures in the purchase order contract

132 GST as per GST Laws shall be payable extra as quoted and agreed

133 In case of Purchase of goodsservices from unregistered dealers under GST laws

GST will be paid by MDL under reverse charge mechanism

134 Benefits from reduction in rate of taxITC are required to be passed on to

consumer Where ldquoapplicable GSTrdquo has been quoted as extra Goods and service

providers (except un-registered dealers under GST Law) have to submit

declaration that they have complied with lsquoAnti ndashprofiteering clausersquo under GST

Law Such declaration be given in technical bid

GM(M)MTI2000007617Passivation Station

Page 15 of 45

135 Where the quoted price is claimed to be inclusive of taxes (by other than

composite vendor) MDL consider it as net price on which GST is payable In

such cases the GST may be paid by MDL directly to GSTN under reverse

charge mechanism or otherwise for which no input tax credit will be available to

vendor and vendor is deemed to have confirmed that he will not claim ITC for

such items

136 If the vendor is registered under GST vendor shall mention the HSN code for

goodsampor services in their tax invoice etc These codes must be in accordance

with GST Laws and responsibility of specifying correct HSN code for goodsampor

services is that of the vendor MDL shall not be responsible for any error in HSN

code for goodsampor services specified by suppliercontractor Suppliercontractor

shall pay penalty andor interest imposed on MDL or any loss due to delay in

availing ITC by MDL or any loss of ITC to MDL due to error by vendors at any

stage MDL reserve right to recover any such interest penalty or loss from any amount due to supplier contractor or vendor shall reimburse make good such

loss within 15days after intimation by MDL or otherwise

137 In case MDL is unable to avail ITC suppliercontractor at their own cost shall

rectify the shortcoming in the returns to be filed immediately thereafter Further

if the ITC is delayed denied to MDLreversed subsequently as per GST Laws due

to nondelayed receipt of goods andor services andor tax invoice or expiry of

timelines prescribed in GST Laws for availing ITC non-payment of taxes or non-

filling of returns or any other reasons not attributable to MDL supplier

contractor shall pay any loss of amount along with interest and penalty on MDL

under GST Laws for the number of days the ITC was delayed If the shortcoming

is not rectified by suppliercontractor and MDL ends up in reversal of credits

andor payments suppliercontractor is fully liable for making good all the loss

incurred by MDL MDL reserve right to recover any interest penalty or loss from

any amount due to suppliercontractor or otherwise

138 If the vendor is registered under GST the GST registration number (15 digit

GSTIN) issued by GOI shall be mandatorily provided by the vendor Vendor

having multiple business verticals within state at multiple states with separate

GST registration numbers shall forward GSTIN of only that vertical which is

involved in supply of goods andor services MDL GSTIN is

27AAACM8029J1ZA and vendor shall mention the same while invoicing and

avoid any data entry error on GST portal

139 If the vendor is registered under GST vendor shall ensure timely submission of

invoice as per the provisionsrequirementstimeline promulgated by GOI in

relation to GST Laws with all required supporting documents to enable MDL to

avail input tax credit promptly The vendors invoice inter alia should contain

GSTIN of vendor GSTIN of MDL (ie 27AAACM8029J1ZA) GST tax rate

separately HSN code wise goods or services Place of supply signature of vendor

etc Original invoice needs to be submitted to Bill Receipt Centre at MDL gate

and a copy of the invoice should be given to the GRS Stores

1310 If the vendor is registered under GST vendor shall file all applicable returns

under GST Laws in the stipulated time and any losses of tax credit to MDL

arising due to delay in filling will be recovered from their invoice wherever MDL

is eligible to avail tax credit Any default towards payment of tax andor

uploading of monthly returns by supplier contractors MDL retains right to

withhold payments towards tax portion until the same is corrected and complied

by the suppliercontractor with the requirement of GST along with satisfactory

evidence

GM(M)MTI2000007617Passivation Station

Page 16 of 45

1311 The rate sheet enclosed with the tender will indicate the rates to be entered under

each head wherever applicable Bidder must clearly mention the applicable taxes

amp duties The item-wise rates (ie Basic + PampF + FampI) quoted in the rate sheet

should exclude taxes amp duties Bidder should indicate GST rates as applicable

separately under each of the head in the same rate sheet which will be paid extra

based on tax invoice to the extent applicable The GST will be applicable on total

basic rate of each item (ie Basic +PampF +FampI)

1312 If the vendor changes his registration status from composition dealer to normal

registered dealer under GST Law the vendor has to inform MDL immediately

Further his contract price under GST needs to be negotiated since as a normal

dealer he will have benefit of ITC which he should pass on to MDL

1313 Bid Evaluation Clause - I) As per GST Law ITC is not available

a) For goods and services which are not in furtherance of business

b) In some cases for eg rent a car life insurance work contract services for

immovable property as mentioned under section 17 of GST Act 2017 In such cases

evaluation of bid is inclusive of GST quote by bidder

II) In all other cases ie goods and services not covered under sr no I above

evaluation of bid is exclusive of GST quoted by bidder

III) Further in the case of composition dealer since composition dealer is not

allowed to charge GST in such case evaluation of bid will be on the price quoted by

bidder

1314 For Overseas Bidder All taxes applicable outside India shall be borne by overseas

bidder

a In case of foreign bidders all taxes duties statutory levies and charges which

are to be paid for the delivery of goods amp services shall be paid by the parties

under the present contract in their respective countries MDL shall bear and pay

all taxes duties and statutory levies in India in connection with the execution

andor performance of this contract wrt deliverables delivered and service

rendered as per contract excluding income tax applicable on service charges

b Foreign bidder shall submit tax residency certificate (TRC) in Part ndashI offer In

case of remittances to foreign companies for services as per income tax act and

DTAA provisions TDS shall be carried out from the amount payable towards

services As per the extant applicability and existing rates following cases

pertaining to TDS are presented for clarity

i Case 1 (TRC is made available by foreign bidders) Tax deduction at

source (TDS) 15 of total service payment is applicable If this is

not agreed to by the bidder in the bid or during TNCCNC then this

shall be appropriately loaded as per applicable rates on the price for the

purpose of ranking However bidders to note that TDS rates DTAA

rates differ from country to country It varies from10 to 25

ii Case 2 (TRC is not made available by foreign bidders) Tax deduction

at source (TDS) at the rates as mentioned in the table below is

applicable If this is not agreed to by the bidder in the bid or during

TNCCNC then this shall be appropriately loaded as per applicable

rates on the price for the purpose of ranking These rates shall be as

under

GM(M)MTI2000007617Passivation Station

Page 17 of 45

Service Payment slabs (converted in

INR)

Rate of TDS applicable on total

service payment

Up to value of INR 1 Cr 2575

Above 1 Cr Up to 10 Cr 2626

Above INR 10Cr 270375

14 Loading Criteria Deviations sought by the bidder in respect of Custom Duty exemption

Freight Insurance Payment terms shall be loaded on the bidders quoted prices during price

evaluation by MDL Among the equal bids bidders with ISO 9000 series accreditation over

Non-ISO bidders firstly Manufacturers then their authorized dealers will be given preference

The loading criteria that will be adopted are detailed below amp also as per Enclosure-5

141 It is desirable that the bidder accepts the Payment Terms indicated in clause 9

above Varied payment terms quoted by bidders as compared to the terms stated

in the Tender document shall be normalized by applying SBI Prime Lending

Rate (prevailing at the time of opening of Price bid) plus 2 pa rate of interest

for the period at variation (For Indigenous bidder) amp for overseas bidder the bids

will be normalized at LIBOREURIBOR rate plus 2 for ranking of the bids

142 In case of Foreign supplier the basic cost (CIF) shall be the basis for comparison

of quoted price Custom Duty Custom clearance Port handling transport

charges to the yard will be added to CIF cost to arrive at door delivery cost

143 Delivery of the goods at MDL premises should be the responsibility of the

vendor However for unavoidable reasons if bids are exclusive of transport

andor insurance the same will be loaded at the cost to be incurred by MDL

144 For the additional delivery period sought by the bidder over the stipulated date of

delivery as per Tender 050 per completed week will be loaded to the quoted

price

145 Deviations sought in respect of Liquidated Damages (LD) Deviations sought in

respect of rate per week and or maximum ceiling in respect of liquidated

damages shall be loaded to the quoted price For eg The maximum ceiling

towards liquidated damages stipulated in the tender is 5 and the bidder seeks to

limit it to say 35 then the price quoted will be loaded by 15 If the rate of

LD per week is 05 per week or part thereof as per tender and the bidder seeks

it as say 04 per week or part thereof the maximum ceiling on L D as per

tender will first be equated to weeks (10 weeks in this case) and the rate proposed

by the bidder ie 04 will be multiplied by the so equated maximum Period

(which works out to 4) and the quoted price will be loaded accordingly by 1

Delivery being the essence of the contract it is desirable if the bidders adhere to

the stipulated clause

146 Deviations in respect of the period of Warranty shall be loaded to the quoted price

025 per month or part thereof This does not arise if the bidder quotes

additional price for the differential period

147 The ranking of price bids shall be done overall L1 basis excluding GST (ie total

of basic price exclusive of GST quoted by bidder) In these cases the variation in

statutory levies etc are not allowed unless the breakup in respect of taxes duties

GM(M)MTI2000007617Passivation Station

Page 18 of 45

are clearly and separately furnished in bid

148 For opening LC all charges outside India shall be borne by the Beneficiary

(supplier) Additional loading of prices (A) Towards charges incurred in LC opening

by MDL and (B) Interest for period of 20 days base rate of SBI+2 on payment

amount is to be considered while evaluating foreign bidders for ranking purpose

15 Ranking of Bids amp Determination of L-1 Bidders Ranking of price bids shall be done on overall L1 basis with exclusive of GST

If any variations in statutory levies the break up in respect of any charges is clearly

and separately furnished in the bid and the MDL is satisfied that the rates of taxes

indicated therein are in line with the tax law so that escalation due to variation in the

taxes can be justifiably considered to the extent legitimately allowable on the base

amount(s) indicated in the bid Therefore bidder is requested to show the break up

regarding taxes as applicable in the bid

Note 1 In case of overseas supplier the ldquoCIF cost+ Inspectiontesting charges+ Installation

Commissioning charges+ custom duty+ IGST (if ITC is not available) + Custom

Clearance +port handling +transportation charges to the yard if any + LC opening

charges + interest for period of 20 days base rate of SBI +2 on payment amount

ldquoshall be the basis for comparison of quoted price Custom duty IGST Custom clearance Port handling transport charges to the yard will be added to CIF cost to

arrive at door delivery cost

2 If Service Component exists in an offer from a foreign vendor then Tax Residency

certificate (TRC) should be submitted with Part I offer If no TRC is submitted then

the enhanced Income Tax rate and Service Tax thereon will be considered while

determining L-1

3 Techno-Commercially Qualified overall lowest bidder exclusive of GST will be

considered for the placement of order 4 On-line Ranking visible to the bidders after opening part II price bid is without

loading parameters However the L1 bidder will be evaluated offline after

consideration of all applicable loading parameters as mentioned in the tender

document and commercial terms

5 In case of any discrepancy in the Blank Rate Schedule Format and actual Online

Price Bid after opening of the Price Bids the details (GST) mentioned in the On-line

Price bids shall prevail over the details in blank rate schedule format

6 ldquoBasic costrdquo is defined as ldquoDoor delivery cost (excluding GST)rdquo which includes

packing amp forwarding Delivery insurance registration charges and any cost involved

as per scope of work towards material and services basic cost of Installation

commissioning and inspection amp testing

7 ITC can be availed by MDL for the items as notified under GST ACT 2017 ITC

can be availed by MDL for registered bidder and for unregistered bidder under

reverse charge mechanism Since no ITC can be availed in case of bidders registered

under composition scheme their quoted cost will be considered for ranking

comparison purpose

16 Consignee The Successful bidders shall arrange dispatch of goods by appropriate Rail Road

Sea Air transport mode as per the order to lsquoEAST YARD STORESrsquo and further to user dept

on working days (Monday to Friday) between 800 hrs to 1500 hrs (Lunch Time 1130 to 1200

hrs) In case trucktempo reaches our yard beyond above time the same may be retained over

night at your risk amp cost

An advance copy of invoices along with other relevant documents shall be forwarded to the

purchaser sufficiently in advance to enable clearance of cargo within allowed demurrage free

days to avoid demurrage In case of door delivery orders the supplier shall categorically direct

the transporter to deliver the ordered items without insisting for consignee copy of the Lorry

Receipt

GM(M)MTI2000007617Passivation Station

Page 19 of 45

17 Modifications to the Bids Bidder desirous of submitting modified bid prior to the closing

date and time may do so online not later than deadline of submission of bids Please note that

modified bid shall be submitted through e-procurement system only Bidder can change the

submitted bid any number of times till the closing time and the last changed bid will be

considered for ranking of the bids

18 PURCHASE PREFERENCE TO MAKE IN INDIA As per Public Procurement Order Ref No P-4502122017-B E-II Dtd 15062017 issued by Govt

of India to encourage ldquoMake in Indiardquo policy Purchase Preference shall be given to local suppliers

in the following manner

(a) The terminology definitions used in the said order is as below

(i) ldquoLocal contentrdquo means the amount of value added in India be the total value of items procured

excluding net domestic indirect taxes) minus the value of imported content in the item (including

all customs duties) as a proportion of the total value in percent

(ii) ldquoLocal Supplierrdquo means a supplier or service provider whose product or service offered for procurement meets the minimum local content as prescribed under the said Order or by the

competent Ministries Department in pursuance of said order A Local Supplier can be an Indian

or Foreign bidder

(iii) ldquoMargin of Purchase Preferencerdquo means the maximum extent to which the price quoted by

local supplier may be above the L1 for the purpose of purchase preference The margin of

purchase preference for the present tender is 20

(b) Minimum local content

(i) The minimum local content in the offer is to be not less than 50 for the present tender for a

bidder to be considered as a Local Supplier

(ii) The local content can be increased through partnerships cooperation with local companies

establishing production units in India or Joint Ventures (JV) with Indian suppliers increasing the

participation of local employees in services and training themrsquo

(iii) On opening of the price bids if it is identified that there is difference in price receive amp

declaration made and local content is now not meeting the specified tender requirement (ie only

on the quoted price without any loading) then such case will be processed without any purchase

preference

(c) Declaration by Local Supplier Local Supplier should declare that the item and service

offered meets the minimum local content amp indicate its percentage in their offer which shall meet

(or even offer more) required content as specified in tender This declaration is necessary even if

Custom Duty Exemption and or ERV (if applicable) are not being sought Following documents

are to be submitted in technical offer ndash

Part-I bid

(i) Local Component list ie Items and services which are being procured produced domestically

by supplier in the system equipment service offered against tender This list shall include all the

components raw materials sub services etc

(ii) Foreign Imported Component list ie Items and services which are being supplied by bidder

from outside India in the system equipment service offered against tender This list shall include

all the components raw materials sub services etc

(iii) Bidders shall give the details of the location(s) at which the local value addition is made

Additionally location(s) details from where foreign imported components are being supplied be

also informed

(iv) Bidders shall give the price break-up in percentage for ldquoLocal Componentrdquo and ldquoForeign

Imported Componentrdquo

(v) Custom duty applicable on FE component for all foreign items (vi) The Local Suppliers are required to provide self-certification as per Annexure-11

Note In cases of procurement for value in excess of Rs 10 Crores the local supplier shall be required to

provide a certificate from statutory auditor or cost auditor of the company (in case of companies)

or from a practicing cost accountant or practicing charted accountant (in respect of supplier other

GM(M)MTI2000007617Passivation Station

Page 20 of 45

than companies) giving the percentage of local content amp applicable item wise custom duty

Once the declaration certification is committed at tender submission stage the same cannot be

altered at technical negotiation stage or after award of contract otherwise would be treated

considered as false declaration by bidder

In the event of bidders not declaring or declaring less local content percentage in the offer MDL

will consider quote bid of such bidders with local content as ldquo0rdquo or ldquoNILrdquo ie the offers of such

bidders will be treated as a ldquoNon Local Supplierrdquo where no purchase preference shall be granted to these bidders

(d) If the Local Supplier is also a MSE Vendor seeking the benefit of Public Procurement Policy

for MSEs Order 2012 then such bidders should not seek benefits against the Preference to Make

in India policy ndash Order 2017 Such bidders should categorically seek benefits of only one policy

which cannot be modified subsequently once declared in the Annexure-A referred above while

submitting the bid

(e) Custom duty issue Imported FE content is inclusive of all custom duties which is required

for arriving local content Bidders to note the following about declaration of FE Content

(i) All bidders should upfront declare line item wise custom duty duly certified Such declared

custom duty percentage will only be considered for arriving local content

(ii) In the event if the rate of custom duty is found higher than the declared custom duty by bidder

then the bidderrsquos declaration shall be final for arriving L1 bid Also in such case the difference in

custom duty would be to bidders account In case of foreign bidders the same would be to bidders

account and shall not be borne or reimbursed by Shipyard

(iii) In the event of rate of custom duty happens to be lower at the time of clearance of goods then

actual custom duty shall be payable

(iv) Notwithstanding above local content shall be calculated based on the declared custom duty by

the bidder in techno-commercial bid

(f) Preference to Local Supplier The following procedure will be adopted for deciding on

preference to Local Supplier over a non-local supplier wrt Public Procurement (Preference to

Make in India) order 2017

(i) Among all qualified bids the lowest bid will be termed as L1 If L1 is from a local supplier the

contract will be awarded to L1

(ii) If L1 is not from a local supplier the lowest bidder among the local suppliers will be invited

to match the L1 price subject to local supplierrsquos quoted price falling within the margin of purchase

preference and contract shall be awarded to such local supplier subject to matching the L1 price

(iii) In case such lowest eligible local supplier fails to match the L1 price the local supplier with

the next higher bid within the margin of purchase preference shall be invited to match the L1 price

and so on and contract shall be awarded accordingly In case none of the local suppliers within the

margin of purchase preference matches the L1 price then the contract may be awarded to the L1

bidder

(g) Preference between LS and MSE Bidder This clause is applicable only if line items are

separable and MSE preference clause is also applicable Between the MSE and Local

Supplier the MSE bidder will be given preference to match with L1 bidder as per Public Procurement Policy for MSEs Order 2012 MSE vendor will be evaluated with L1+15 MSE

doesnrsquot fall under Public Procurement (Preference to Make in India) Order 2017 Local Supplier

will be evaluated with L1+20 (Margin of Purchase Preference ordinary) as per Public

Procurement (Preference to Make in India) Order 2017

(h) After the contract is awarded and the supplies are completed each supplier shall provide the supporting documentation towards realization of committed Local Content as per the contract

order terms amp conditions

In addition to these documents a ldquoLocal content certificaterdquo also shall be submitted stating the

percentage of local content in the items or services measured The ldquoLocal content certificaterdquo shall

be submitted along with the invoice

Note In cases of procurement for value in excess of Rs 10 Crores the local supplier shall be

required to provide a certificate from statutory auditor or cost auditor of the company (in case of

GM(M)MTI2000007617Passivation Station

Page 21 of 45

companies) or from a practicing cost accountant or practicing charted accountant (in respect of

supplier other than companies) giving the percentage of local content

(i) False declaration will be in breach of Code of Integrity under Rule 175(1)(i)(h) of GFR 2017

for which a bidder or its successor can be debarred for up to 2 years as per Rule 151(iii) of GFR

2017 along with such other actions as may be permissible under law

(j) Complaints Grievance Any complaints grievances relating to implementation of this order

shall be taken up by Public Grievance Cell of MDL headed by GM(F-PampS) Fees for filing a complaint under the order shall be Rs 10000- per case The complaints shall be filed to the

Chairman Public Grievance Cell The fee shall be deposited in MDLrsquos Account by NEFT

19 Public Grievance Cell A Public Grievance Cell headed by ED (East Yard) has been set up in

the Company Members of public having complaints or grievances are advised to contact him

on Wednesday between 1000 hours and 1230 hours in his EY-office MAZAGON DOCK

SHIPBUILDERS LIMITED Dockyard Road Mumbai - 400010 (022 ndash 23763506 23738368)

or send their complaints grievances to him in writing for redressal

20 Supply on MDL Holidays Request for permission for delivery on Saturday Sunday

holidays if required should be submitted 3 working days prior to the date of holiday to

Personnel department and Security through concerned Dept

21 Liquidated Damages Time is an essence of the contract therefore the job as ordered should be

completed on the dates mutually agreed upon in accordance with the delivery schedule In cases

of delay not attributable to Purchaser beyond the agreed schedule the Successful bidder shall pay

liquidated damages a sum representing 05 (Half per cent) per week or part thereof subject to

maximum of 5 of the final Order Contract value Vendor Contractor (Seller) will also be liable

to pay Liquidated Damages for late delivery of Manuals Drawings and Documentation as agreed

to by Purchaser and Vendor Contractor (Seller) and as stated in the Purchase Order The amount

of such damages will be clearly defined in the Purchase Order and may extend up to 5 of the

Order Value excluding taxes Applicability of LD will be considered as below -

1) Delay in manufacturing and supplydelivery of machinematerialitemsequipments at

MDL after dispatch clearance beyond specified schedule will attract LD 05 per week

or part thereof subject to maximum of 5

2) Delay in Installation trial Commissioning amp Training at MDL as per Work

completion date as certified by MDL user dept beyond specified schedule will attract

LD 05 per week or part thereof subject to maximum of 5 as per order

22 Hindrance Register All hindrances with date of occurrences and removal shall be noted in the

Hindrance Register The Hindrance Register shall be signed by the representatives of both MDL

as well as Contractor

23 Security Deposit (SD) The successful bidders shall have to submit Security Deposit for an

amount of 5 of the Order value excluding GST etc electronically through NEFT RTGS or

in the form of Bank Guarantee drawn in favor of MAZAGON DOCK SHIPBUILDERS

LIMITED Mumbai from the list of Banks approved by SBI Canara Bank published on MDL

Website within 25 days from the date of Order amp must be valid up to contract period plus one

month No interest will be paid on Security Deposit Please note that MDL does not extend any

concession such as exemption in payment of Security Deposit etc to any organization

irrespective of their status like registration with MDL NSIC SSI and MSME etc In case of

failure to submit Security Deposit within 25 days from the date of order placement EMD

submitted will be encashed and risk purchase clause would be invoked The Security Deposit

will be returned only after successful execution of the order and shall be interest free In the

event of failure to execute the order satisfactorily the Security Deposit will be encashed by

MDL If order is fully executed within 25 days from the date of purchase order submission of

security deposit is not applicable For delayed period of submission of SD beyond 25 days

from date of order bidder has to pay applicable interest In case the bidder is Indian Public

Sector Unit they shall submit the indemnity bond instead of Security Deposit Bidders may

advise their bankbanker to send BG directly to commercial department or through SWIFT to

dispense with additional step of verification of authenticity of signatories In case of BG

GM(M)MTI2000007617Passivation Station

Page 22 of 45

transmitted through SWIFT it shall be the responsibility of the bidder that he directs the

receiving banker to forward the message For delayed period of submission of SD beyond 25

days from date of order interest will be recovered as mentioned below

For Indian suppliers it will be SBAR plus 2 and EUROBORLIBOR plus 2 for Foreign

bidder Security Deposit will be returned only after successful execution of the order and shall

be interest free In the event of failure to execute the order satisfactorily the Security Deposit

will be encashed by MDL PSUs can submit Indemnity bond in lieu of Security deposit Bidders can submit SD amount

by using payment gateways through MDL website

24 Delivery ScheduleWork Completion Schedule and delivery term (For foreign bidders) The

entire scope of work ie Design manufacture Supply Installation Commissioning STW amp

Training to be completed within 6 months from the date of receipt of PO

1) Supplydelivery of machineItemsEquipmentsspares at MDL = within 20 weeks (CIF delivery) and

2) Time for transportation amp custom clearance time = 2 weeks

3) Installation Trials Training and Commissioning = Within 2 weeks

Delivery Term (1) Supply For Indigenous bidder Door DeliveryFOR MDL GRS Stores

For Overseas Bidder CIF Port of destination (Mumbai)

(2) Installation Commissioning STW Training -

For Overseas Bidders At MDL site

Training to be imparted to Non-executives-04 Nos for 7 days (1 week)

Delivery ScheduleWork Completion Schedule and delivery term (For Indigenous bidders) The entire scope of work ie Design manufacture Supply Installation Commissioning STW amp

Training to be completed within 6 months from the date of receipt of PO

1) Supplydelivery of machineItemsEquipmentsspares at MDL = within 22 weeks (CIF

delivery) and

2) Installation Trials Training and Commissioning = Within 2 weeks

Delivery Term (1) Supply For Indigenous bidder Door DeliveryFOR MDL GRS Stores

For Overseas Bidder CIF Port of destination (Mumbai)

(2) Installation Commissioning STW Training - For Indigenous Bidders At MDL site

Training to be imparted to Non-executives-04 Nos for 7 days (1 week)

25 Assistance for Installation Testing Commissioning Maintenance amp other Technical

activities 1 Services of engineersManpower in connection with assistance of delivery

loadingunloading installation setting-in-work testing tuning commissioning

training to be considered in the scope of supply

2 All machinery equipments Oxygenother fuel gas for cutting fork lift welding Tools

amp Tackles accessories spares Chemicals consumables Special tools Fixtures and

tackles Workshop and fabrication shop Calibration facility Local transportation and

Internal Transportation storage amp preservation materials Ist fill of Oil lubricants

grease amp other resources etc required for Installation commissioning work to be

arranged by contractor Crane facility for unloading the equipment at the site Space water compressed air and electric Power will be provided by MDL

During Guarantee Warranty period the entire maintenance repair job shall be carried out by

experienced service engineers amp technicians The supply of all necessary tools tackles and

instruments required for the preventive and breakdown maintenance of the equipment covered

by this contract shall be in contractorrsquos scope No sub-contracting will be allowed

26 Spares Post sale product support 1 The Bidder shall assure a continuous supply of spare parts for at least 10 years from

GM(M)MTI2000007617Passivation Station

Page 23 of 45

the date of commissioning of the machine at MDL

2 List of Service centers amp Setup details to be provided

3 Standard accessories required for making itemequipmentmachine operational amp

ready to use should be included in the scope of supply

4 All defective parts spares can either be repaired or replaced by new parts Spares

replaced will be either of same make or equivalent as suggested by the OEM after

consultation with MDL However the total responsibility of the quality of spares supplied or parts repaired shall be with the Contractor

3 If any defective partitemequipment required to be taken out to the service center by

the firm for the further repairing the firm shall be asked to submit the necessary

indemnity bondBG as required Taking out defective partitemequipment from MDL

and bringing back repaired part item equipment to MDL is in the firmrsquos scope of

work The firm has to bear all the transportation charges amp transit insurance

27 Inspection - (a) Receipt Inspection by MDL- MDL inspection cell amp User dept shall carry out necessary

inspection of the items on receipt in the MDL Yard on the basis of an appropriate MDL

Inspection system requirement along with the representative of user dept amp the Inspection

documents submitted by suppliers Any objection raised by MDL inspection team against

quality of material or workmanship shall be satisfactorily corrected by the supplier at his

expenses including replacement as may be required within shortest possible time within 30

days Items damaged during transit shall also be rectified or replaced by the supplier within

shortest possible time

(b) Rejection of the material Any portion of the equipment found defectiverejected the

supplier shall collect the same at his cost from the MDL Yard all incidental charges being

born by supplier (inclusive of custom duty if payable) within 30 days from the date of

intimation to the supplier of such rejection The MDL reserves the rights to dispose off the

rejected item at the end of a total period of 90 days in any manner to the best advantage to the

MDLamp recover storage charges amp any consequential damages from sale proceeds of such

disposal

(c) Final work completion certificate in respect of completion of entire scope of work will be

certified by MDL user dept

28 Purchase Preference for MSE - NA

29 Risk Purchase amp Cancellation of Order (a) If the equipment article service or any portion thereof be not delivered performed by

the scheduled delivery date period any stoppage or discontinuation of ordered supply

awarded contract without written consent by Purchaser or not meeting the required quality

standards the Purchaser shall be at liberty without prejudice to the right of the Purchaser

to recover Liquidated Damages penalty as provided for in these conditions or to any

other remedy for breach of contract to terminate the contract either wholly or to the extent

of such default Amounts advanced or part thereof corresponding to the undelivered

supply shall be recoverable from the Contractor Bidder at the prevailing bank rate of interest

(b) The Purchaser shall also be at liberty to purchase manufacture or supply from stock as it

deems fit other articles of the same or similar description to make good such default and

or in the event of the contract being terminated the balance of the articles of the

remaining to be delivered there under Any excess over the purchase price cost of

manufacture or value of any articles supplied from the stock as the case may be over the

contract price shall be recoverable from the Bidder Vendor Contractor

(c) The Purchaser reserves the right to cancel an order forthwith without any financial

implications on either side if on completion of 50 of the scheduled deliveryCompletion

period the progress of manufactureSupply is not to the satisfaction of Purchaser and

failure on the part of the BidderVendorContractor to comply with the delivery schedule

is inevitable In such an event the BidderVendorContractor shall repay all the advances

GM(M)MTI2000007617Passivation Station

Page 24 of 45

together with interest at prevailing bank rates from the date of receipt of such advances till

date of repayment The title of any property delivered to Purchaser will be reverted to the

BidderVendorContractor at his cost

(d) In case of breach non-compliance of any of the agreed terms amp conditions of order

contract MDL reserves the right to recover consequential damages from the vendor

contractor on account of such premature termination of contract

(e) In case of delay beyond agreed period for liquidated damages or 10weeks from

contractual delivery period whichever is earlier MDL reserves the right to cancel the

order and procure the order items services from any available source at MDLrsquos option amp

discretion and entirely at your risk and cost Extra expenditure incurred by MDL in doing

will be recoverable from Bidder Supplier Contractor

30 Freak Low Quotes In case after opening of price bid of technically cleared firms it is noted that L-1 firm has quoted very low rates and indicates to withdraw from the tender then EMD shall be

forfeited and firm may be given tender holiday including intimation to other PSUs If the rates

quoted are less than MDL estimates by 40 or so and if the difference in rate between L1 and L2

is 30 or more than the firm will have to give additional BG of 20 of the PO value excluding

GST as additional security Bank charges for this additional BG shall be borne by MDL and

reimbursed against proof of payment

31 Indemnity - The Bidder Vendor Contractor his employees licencees agents or Sub-Vendor

Sub-contractor while on site of the Purchaser for the purpose of this contract indemnifies the

Purchaser against direct damage and or injury to the property and or the person of the Purchaser or

that of Purchasers employees agents Sub- Contractors Suppliers occurring and to the extent

caused by the negligence of the Bidder Vendor Contractor his employees licencees agents or

Sub-contractor by making good such damages to the property or compensating personal injury

and the total liability for such damages or injury shall be as mutually discussed and agreed to

You shall hold harmless and keep MDL indemnified against all claims arising as a result of

infringement of any patent rights on account of manufacture sale or use of article covered by

the order

32 MDL reserves the right to consider placement of Order Contract in part or in full against the

tendered quantity or item MDL reserves the right to place order on FOB or CIF basis

33 MDL shall not be bound by any printed conditions or provisions in the sellers bid forms or

acknowledgement of contract invoices packing list and any other documents which purport to

impose any conditions at variance with the tender terms final negotiated amp accepted terms

34 Bidders can participate in online bidding

a) By registering with above referred portal for User ID and password

b) By obtaining class III DSC (Digital Signature Certificate) for secured bidding

35 In case of improper on-line filling of Acceptance Formats for Tender Enquiry Form General

Terms amp Conditions (GTampC) and Standard Terms amp Conditions (STACS) it shall be

presumed that all our tender terms amp conditions are acceptable to you

36 In case of any clarifications bidders are requested to contact the undersigned before the closing

date of the tender Bidders can also contact toll-free customer help line of e-procurement portal

httpseprocuremdlnicin ASP on email id eproc-supportgovin Ph no 0120-4200462 0120-

4001002

Bidders intending to witness the Tender opening shall log on to httpseprocuremdlnicin

using digital signatures for witnessing the opening

GM(M)MTI2000007617Passivation Station

Page 25 of 45

37 We look forward to your participation in on-line bidding by offering your most competitive

and reasonable bid against this tender

Yours faithfully

For MAZAGON DOCK LIMITED

M Tanweer Iqbal

CM(C-MP)

Enclosure - 1 Instructions to the Bidders

Enclosure - 2 Illustrative format amp guideline for quoting prices in online Price Bid

Enclosure - 3 Standard Terms amp Conditions (STACS)

Enclosure - 4 General Terms amp Conditions (GTampC)

Enclosure - 5 Loading Factors

Enclosure - 6 Format of Letter of Credit

Enclosure 7 Bank Guarantee Format for EMD

Enclosure 8 Bank Guarantee Format for SD

Enclosure 9 Bank Guarantee Format for PBG

Enclosure - 10 MDL bank details for NEFTRTGS EMDSD transfer

Enclosure 11 Shipping Instruction for Sea amp Air Consignments

Note These Enclosuredocuments to be down loaded from our Website under below linkpath-

wwwmazagondockgovin gt Tenders gt Shipbuilding gt ldquoEnclosures Related to Tender Documents from Material

Purchase Deptrdquo

GM(M)MTI2000007617Passivation Station

Page 26 of 45

Enclosure ndash 1

Instructions to the Bidders for uploading the Techno-Commercial Bid and the Price Bid through E-

Procurement Portal

bullbullbullbull Official service provider for the website is NIC

E-mail eproc-supportgovin Office Ph No 0120-4200462 0120-4001002 Ph No +91-8826246593

bullbullbullbull Pre-requisites for up-loading the Techno-Commercial Bid

(i) Compatible computer hardware software set-up to access e-procure website

(ii) ldquoDigital Signature Certificaterdquo class III B (DSC) is a must for downloading the tender and uploading

the techno commercial offer from our website httpseprocuremdlnicin

(iii) ldquoDigital Signature Certificaterdquo class III B (DSC) can be obtained from our service provider

bullbullbullbull To ensure availability of above prerequisite is bidders responsibility

(i) It is mandatory to upload the complete techno-commercial offer and the price bid on e-

procurement

(ii) No part of the bid other than original EMD (if applicable) shall be accepted physically hard copy

outside e-procurement

(iii) Price bids shall strictly be uploaded in appropriate allotted place in the tender available in e-

procurement so that it remains secured encrypted unreadable in the system

(iv) In no circumstances the price bids shall be forwarded or uploaded in any other form

(v) Entire responsibility of the uploading of the complete techno-commercial bid along with the price

bid shall be that of the bidder

(vi) No request complaint shall be entertained after the due datetime of the tender

(vii) Non availability of any of the prerequisites or last minute calls seeking clarifications projecting

problems shall not entitle a bidder to seek request for extension of due date

(viii) Any problem with regard to uploading of the tender shall be intimated to NIC at least 24 hours in

advance to the tender closing time amp date However it will not be considered as reason for extension

of due date of the tender

(ix) Request for extension if at all to be made shall be forwarded at least 3 working days in advance to

the tender closing date time with proper reasoning The request shall be put up to the competent

authority for consideration on the merit of the case MDL reserves all rights in this regard amp decision

of MDL shall be binding to the applicant

It is important to note that the bidders can upload their bids right from the time the tender is available

at website It is advisable that the bidder uploads the bid well in time rather than wait till last minute

to avoid situations wherein he is unable to successfully upload the bid for various reasons which

cannot be addressed then due to lack of time

bullbullbullbull Special instructions to Bidders for online bidding

GM(M)MTI2000007617Passivation Station

Page 27 of 45

(i) Bidders should login well in advance to enable them to complete their bid submission before the

closing time of the tender

(ii) Bidders should submit their bid well in advance to avoid last minute frantic calls

(iii) Bidders should follow all the instructions enlisted on the front page of e-procure web page

(iv) Bidders should ensure Hardware amp Software compatibility as well as Digital Signature available on

front page of e-procure web site Request for extension of due date shall not be entertained due to

non-availability of these tools

bullbullbullbull Bidders to participate in on-line bidding

(i) By registering with above referred portal for User ID and password

(ii) By obtaining class III DSC (Digital Signature Certificate) for secured bidding

NOTE In case any vendor intending to respond against the tender and is not having the DSC to facilitate

uploading of his bid should approach the Service Provider at least 10 working days in advance of the tender

closing date requesting DSC The request so made to the Service Provider should simultaneously be

forwarded to MDL Dealing Officer In case the DSC is not received within 3 to 4 working days the GM (M)

be informed and the DSC if not received from the Service Provider three working days in advance for

suitable extension to tender closing date then only the tender due date shall be considered

GM(M)MTI2000007617Passivation Station

Page 28 of 45

Annexure-2

Illustrative format amp guideline for quoting prices in online Price Bid

Below format of price bid will appear online Indigenous bidders to follow instructions given in each respective

cell while quoting their cost in online price bid -

Item Sr no 1

Material Description As per clause No 1

Quantity As per clause No 1

Set Set

Currency INR USD EURO

For Indian Bidder Basic Unit Rate in INR only

For Foreign Bidder CIF Rate to be entered by the foreign

currency

To be quoted

of CGST+SGST or IGST on Basic rate To be quoted

Installation Commissioning Charges per Unit To be quoted

of CGST+SGST or IGST on Installation Commissioning

Charges To be quoted

Inspection Testing Charges per Unit To be quoted

of CGST+SGST or IGST on Inspection Testing Charges To be quoted

GM(M)MTI2000007617Passivation Station

Page 29 of 45

Enclosure-3

STANDARD TERMS AND CONDITIONS (STACS) 101 The word Purchaser refers to MAZAGON DOCK SHIPBUILDERS LIMITED (MDL) a Company

registered under the Indian Companies Act 1913 and it includes its successors or assignees

102 The word BidderVendorContractor means the person firm Company who undertakes to

manufacture and or supply and or undertake work of any nature assigned by the Purchaser from time to time

and includes its successors or assignees

103 The word Owner means the person or authority with whom MAZAGON DOCK SHIPBUILDERS

LIMITED (Purchaser) has contracted to carry out work in relation to which orders are placed by the

Purchaser on the BidderVendorContractor under this contract for supply or manufacture of certain items

and would include Department of Defence Production Ministry of Defence Government of India the Indian

Navy the Coast Guard and any other specified authority

120 GENERAL 121 Unless otherwise indicated specifically by the bidder contractor in his bid it shall be construed as his

acceptance of all the conditions mentioned in this STACS

200 COMMUNICATION amp LANGUAGE FOR DOCUMENTATION 201 Any letter facsimile message e-mail intimation or notice sent to the BidderVendorContractor at the

last known address mentioned in the offer order shall be deemed to be valid communication for the purpose

of the ordercontract Unless stated otherwise by the purchaser Language for communication amp all

documentation shall be same which the Purchaser has used in the tender enquiry

210 PURCHASERrsquoS PROPERTY 211 All property (such as materials drawings documents etc) issued by the Purchaser or any other

individual or firm on behalf of the Purchaser in connection with the contract shall remain confidential being

the property of the Purchaser and the BidderVendorContractor shall undertake to return all such property so

issued and will be responsible for any or all loss thereof and damage thereto resulting from whatever causes

and shall reimburse the Purchaser the full amount of loss and damage

212 On completion of work in any compartment location of the purchaserrsquos premises the

BidderSupplierContractor must ensure that the place is left in a reasonably clean state and all scrap is

transferred to nearby scrap-bins

220 RISK PURCHASE 221 If the equipment article service or any portion thereof be not delivered performed by the scheduled

delivery date period any stoppage or discontinuation of ordered supply awarded contract without written

consent by Purchaser or not meeting the required quality standards the Purchaser shall be at liberty without

prejudice to the right of the Purchaser to recover Liquidated Damages penalty as provided for in these

conditions or to any other remedy for breach of contract to terminate the contract either wholly or to the

extent of such default Amounts advanced or part thereof corresponding to the undelivered supply shall be

recoverable from the Contractor Bidder at the prevailing bank rate of interest

222 The Purchaser shall also be at liberty to purchase manufacture or supply from stock as it deems fit

other articles of the same or similar description to make good such default and or in the event of the contract

being terminated the balance of the articles of the remaining to be delivered there under Any excess over the

purchase price cost of manufacture or value of any articles supplied from the stock as the case may be over

the contract price shall be recoverable from the Bidder Vendor Contractor

230 RECOVERY ADJUSTMENT PROVISIONS 231 Payment made under one order shall not be assigned or adjusted to any other order except to the extent

agreed upon in writing by the Purchaser During the currency of the contract if any sum of money is payable

by the Bidder Vendor Contractor the same shall be deducted from any sum then due or thereafter may

become due to the Bidder Vendor Contractor under the contract or any other contract with the Purchaser

240 ADDITIONAL BANK GUARANTEE In case after opening of price bid of technically cleared firms it is noted that L-1 firm has quoted very low

rates and indicates to withdraw from the tender then EMD shall be forfeited and firm may be given tender

holiday including intimation to other PSUs If the rates quoted are less than MDL estimates by 40 or so and

if the difference in rate between L1 and L2 is 30 or more then the firm will have to give additional BG of

20 of the PO value as additional security Bank charges for this additional BG shall be borne by MDL and

reimbursed against proof of payment

250 INDEMNIFICATION 251 The Bidder Vendor Contractor his employees licencees agents or Sub-Vendor Sub-contractor

while on site of the Purchaser for the purpose of this contract indemnifies the Purchaser against direct

GM(M)MTI2000007617Passivation Station

Page 30 of 45

damage and or injury to the property and or the person of the Purchaser or that of Purchasers employees

agents Sub- Contractors Suppliers occurring and to the extent caused by the negligence of the Bidder

Vendor Contractor his employees licencees agents or Sub-contractor by making good such damages to the

property or compensating personal injury and the total liability for such damages or injury shall be as

mutually discussed and agreed to

260 TRANSFER OF VENDORS CONTRACTORrsquoS RIGHTS 261 The Bidder Vendor Contractor shall not either wholly or partly sell transfer assign or otherwise

dispose of the rights liabilities and obligations under the contract between him and the Purchaser without

prior consent of the Purchaser in writing

270 SUBCONTRACT amp RIGHT OF PURCHASER 271 The Bidder Vendor Contractor under no circumstances undertake or subcontract any work contract

from or to any other Sub-contractor without prior written approval of the Competent Authority of Purchaser

In the event it is found that such practice has been indulged in the contract is liable to be terminated without

notice and the Bidder Vendor Contractor is debarred all from future tender enquiries work orders

However in no circumstances a contractor is permitted to subcontract any part of the contract to the bidders

who had quoted for the concerned tender

280 PATENT RIGHTS 281 The Bidder Vendor Contractor shall hold harmless and keep the Purchaser indemnified against all

claims arising as a result of infringement of any patent copy rights on account of manufacture sale or use of

articles covered by the order

290 AGENTS AGENCY COMMISSION

291 The seller confirms and declares to the buyer that the seller is the original manufacturer or authorized

distributorstockiest of original manufacturer of the stores referred to in this contract and has not engaged any

individual or firm whether Indian or foreign whatsoever to intercede facilitate or in any way to

recommended to the Buyer or any of its functionaries whether officially or unofficially to the award of the

Contract Purchase order to the Seller nor has any amount been paid promised or intended to be paid to any

such individual or firm in respect of any such intercession facilitation or recommendation The Seller agrees

that if it is established at any time to the satisfaction of the Buyer that the present declaration is in any way

incorrect or if at a later stage it is discovered by the Buyer that the Seller has engaged any such

individualfirm and paid or intended to pay any amount gift reward fees commission or consideration to

such person party firm or institution whether before or after the signing of this Contract Purchase order

the Seller

will be liable to refund that amount to the Buyer

Tender no GM (M)GRA2000007246 Page 16 of 26

The seller will also be debarred from participation in any RFQTender for new projectsprogram with Buyer

for a minimum period of five years

The buyer will also have a right to consider cancellation of the Contract either wholly or in part without any

entitlement or compensation to the Seller who shall in such event be liable to refund all payments made by

the buyer in terms of the Contract along with interest at the rate of 2 per annum above LIBOR (London

Inter Bank Offer Rate) (for foreign vendors) and base rate of SBI plus 2 (for Indian Vendors)

The Buyer will also have the right to recover any such amount from any contracts concluded earlier with

Buyer

300 USE OF UNDUE INFLUENCE CORRUPT PRACTICES

301 The Bidder Supplier Contractor undertakes that he has not given offered or promised to give directly

or indirectly any gift consideration reward commission fees brokerage or inducement to any person in

service of the Purchaser or otherwise in procuring the contract or forbearing to do or for having done or

forborne to do any act in relation to the obtaining or execution of the Contract with the Purchaser for showing

or forbearing to show favour or disfavour to any person in relation to the Contract or any other Contract with

the Purchaser Any breach of the aforesaid undertaking by the Bidder Supplier Contractor or any one

employed by him or acting on his behalf (whether with or without the knowledge of the Bidder Supplier

Contractor) or the commission of any offence by the Bidder Supplier Contractor or any one employed by

him or acting on his behalf as defined in Chapter IX of the Indian Penal Code 1980 or the Prevention of

Corruption Act 1947 or any other Act enacted or the prevention of corruption shall entitle the Purchaser to

cancel the contract and all or any other contracts with the Bidder Contractor Supplier and recover from the

Bidder Supplier Contractor the amount of any loss arising from such cancellation Decision of the

Purchaser or his nominee to the effect that a breach of the undertaking has been committed shall be final and

binding on the Bidder Supplier Contractor

302 The Bidder Supplier Contractor shall not offer or agree to give any person in the employment of

GM(M)MTI2000007617Passivation Station

Page 31 of 45

Purchaser any gift or consideration of any kind as Inducement or reward for doing or forbearing to do or

for having done or forborne to do any act in relation to the obtaining or execution of the contracts Any

breach of the aforesaid condition by the Bidder Supplier Contractor or any one employed by them or

acting on their behalf (whether with or without the knowledge of the Bidder Supplier Contractor) or the

commission of any offence by the Bidder Supplier Contractor or by any one employed by them or acting

on their behalf which shall be punishable under the Indian Penal Code 1980 andor the Prevention of

Corruption by Public Servants shall entitle Purchaser to cancel the contracts and all or any other contracts

and then to recover from the Bidder Supplier Contractor the amounts of any loss arising from such

contracts cancellation including but not limited to imposition of penal damages forfeiture of Security

Deposit encashment of the Bank Guarantee and refund of the amounts paid by the Purchaser

303 In case it is found to the satisfaction of the Purchaser that the Bidder Supplier Contractor has

engaged an Agent or paid commission or influenced any person to obtain the contract as described in clauses

relating to Agents Agency Commission and use of undue Influence the Bidder Supplier Contractor on a

specific request of the Purchaser shall provide necessary information inspection of the relevant financial

document information

310 IMMUNITY OF GOVERNMENT OF INDIA CLAUSE 311 It is expressly understood and agreed by and between Ms (Bidder Supplier Contractor) and

MAZAGON DOCK SHIPBUILDERS LIMITED Dockyard Road Mumbai - 400 010 (MDL) is entering

into this Agreement solely on its own behalf and not on the behalf of any person or entity In particular it is

expressly understood and agreed that the Government of India is not a party to this Agreement and has no

liabilities obligations or rights hereunder It is expressly understood and agreed that MDL is an independent

legal entity with power and authority to enter into contracts solely in its own behalf under the applicable of

Laws of India and general principles of Contract Law The (Bidder Supplier Contractor) expressly agrees

acknowledges and understands that MDL is not an agent representative or delegate of the Government of

India It is further understood and agreed that the Government of India is not and shall not be liable for any

acts omissions and commissions breaches or other wrongs arising out of the contract Accordingly (Bidder

Supplier Contractor) hereby expressly waives releases and foregoes any and all actions or claims including

cross claims impleader claims or counter claims against the Government of India arising out of this contract

and covenants not to sue Government of India in any manner claim cause of action or thing whatsoever

arising of or under this Agreement

320 EXPORT LICENCE 321 The export licenses that may be required for delivery of the various itemsequipment to MDL shall be

arranged by the Bidder Supplier Contractor from the concerned authorities in their country without any

time amp cost implications on the Purchaser

330 BANNED OR DE-LISTED CONTRACTORS VENDORS 331 The Bidder Vendor Contractor declares that they being Proprietors Directors Partners have not

been any time individually or collectively blacklisted or banned or de-listed by any Government or quasi

Government agencies or PSUs If a bidderrsquos entities as stated above have been blacklisted or banned or delisted

by any Government or quasi Government agencies or PSUs this fact must be clearly stated and it may

not necessarily be a cause for disqualifying him

340 DUTY OF PERSONNEL OF SUPPLIERVENDOR 341 MDL being a Defence Organization Bidder Vendor Contractor undertakes that their personnel

deployed in connection with the entrusted work will not indulge in any activities other than the duties

assigned to them

350 DISPUTE RESOLUTION MECHANISM AND ARBITRATION

351 DISPUTE RESOLUTION MECHANISM (DRM) i) Any disputedifferences between the parties arising out of and in connection with the contract shall be

settled amicably by mutual negotiations

ii) In case of non-settlement by (i) above if at any time before during or after the contract period any

unsettled claim dispute or difference arose between the parties upon or in relation to or in connection with

or in any way touching or concerning this tenderagreementordercontract the same shall be referred to the

concerned Functional Director

The Functional Director shall then nominate an Executive of the rank of General Manager whom he thinks fit

and competent or a Committee of Executives whowhich shall then scrutinise the claimsdisputes that have

been referred to the concerned functional Director and make efforts for amicable settlements by mutual

discussionsnegotiations

iii) In case no amicable settlement is arrived by (ii) above within a period of three months then the contractor

shall approach Public Grievance Cell and address the disputes as per the provisions made under the relevant

GM(M)MTI2000007617Passivation Station

Page 32 of 45

clause of the contract

iv) In case the issuesdisputes do not get settled within a period of six months from the date of

submission of the dispute to the Grievance Cell then the contractor may invoke Arbitration Clause of the

contract

352 ARBITRATION Unresolved disputesdifferences if any shall then be settled by arbitration The

Arbitration proceedings shall be conducted at Mumbai India in English Language under the Arbitration amp

Conciliation Act 1996

MDL prefers to have arbitration through Institutes such as Indian Council of Arbitration (ICA)ICA-DR with

the mutual consent of the parties

353 In case of unresolved differencedispute between the Purchaser and Supplier being Central Public

Sector EnterprisesCentral Govt departments the disputes shall be resolved firstly through mutual discussion

or through the empowered agencies of the Govt or through arbitration by reference by either party to the

department of Public Enterprises as per extant guidelines If disputesdifferences remain

unresolvedunexecuted the same shall be referred first to the Cabinet Secretariat and then if necessary to the

PMO

354 Any changes to arbitration clause must be vetted by HOD (Legal) before incorporation in

contractPO

360 JURISDICTION OF COURTS 361 All contracts shall be deemed to have been wholly made in Mumbai and all claims there under are

payable in Mumbai City and it is the distinct condition of the order that no suit or action for the purpose of

enforcing any claim in respect of the order shall be instituted in any Court other than that situated in Mumbai

City Maharashtra State India ie courts in Mumbai shall alone have jurisdiction to decide upon any dispute

arising out of or in respect of the contract

-----------------------

GM(M)MTI2000007617Passivation Station

Page 33 of 45

Enclosure-4

GENERAL TERMS amp CONDITIONS (GTampC)

A10 Blank

A20 SECURITY DEPOSIT A21 The successful bidder shall submit a Security Deposit 5 of the contract order value (excluding

taxes duties freight service component) of the Order in the form of Demand Draft Bank Guarantee in the

prescribed format in favour of Purchaser within 25 days from date of Contract The Security Deposit will be

returned only after the successful execution of the order contract Refund of Security Deposit whenever

considered admissible by the Purchaser shall be without interest only

A30 FORFEITURE OF EMD BID BOND A31 In cases of withdrawal of bid during validity period or during any extension granted thereof non

acceptance of agreed conditions of Technical and or Commercial and or Price Negotiations non-submission

of the security deposit and or non-acceptance of the order the EMD or bid security will be forfeited or

encashed as the case may be

A40 FORFEITURE OF SECURITY DEPOSIT A41 Non-performance of agreed terms and or defaultbreach by BidderVendorContractor will result in

forfeiture of security deposit with application of risk purchase provisions as felt appropriate by the Purchaser

A50 FORFEITURE OF PERFORMANCE GUARANTEE A51 In the event of BidderVendorContractor failure to attend the Guarantee defects within a reasonable

period of time the Performance Bank Guarantee will be encashed by the Purchaser The Purchaserrsquos decision

shall be final and binding on BidderVendorContractor

A60 SUPPLIES A61 The equipment products items Services to be supplied shall be strictly in accordance with the

Drawings Specifications Requirements indicated in the Tender Enquiry Order with deviations if any as

mutually accepted

A70 PROGRESS REPORTING amp MONITORING A71 Where so stipulated in the order the Bidder Supplier Contractor shall render such reports from time

to time as regards the progress of the contract and in such a form as may be called for by the Purchaser

A80 CANCELLATION OF ORDER A81The Purchaser reserves the right to cancel an order forthwith without any financial implications on either

side if on completion of 50 of the scheduled deliveryCompletion period the progress of

manufactureSupply is not to the satisfaction of Purchaser and failure on the part of the

BidderVendorContractor to comply with the delivery schedule is inevitable In such an event the

BidderVendorContractor shall repay all the advances together with interest at prevailing bank rates from the

date of receipt of such advances till date of repayment The title of any property delivered to Purchaser will

be reverted to the BidderVendorContractor at his cost

A82 In case of breach non-compliance of any of the agreed terms amp conditions of order contract MDL

reserves the right to recover consequential damages from the vendor contractor on account of such

premature termination of contract

A83 In case of delay beyond agreed period for liquidated damages or 10weeks from contractual delivery

period whichever is earlier MDL reserves the right to cancel the order and procure the order items services

from any available source at MDLrsquos option amp discretion and entirely at your risk and cost Extra expenditure

incurred by MDL in doing will be recoverable from Bidder Supplier Contractor

A90 PRESERVATION AND MAINTENANCE

A91 Should any material require any preservation till its final installationfitment the detailed procedure

(Long term amp short term) for the same as also the time of interval after which the state of preservation needs

to be reviewed is to be stated by the BidderVendorContractor

A92 Further the de-preservation prior to the materialequipment being commissioned and the maintenance

procedure together with its periodicity is also to be indicated by the Bidder Vendor Contractor

A93 The Bidder Vendor Contractor in their offer must confirm that indigenous oil lubricants and

preservatives etc can be used in the equipment The bidder must also give assurance that the equipment

performance will not be downgraded by use of indigenous equivalents

A100 FREIGHT amp INSURANCE

A101 For Indigenous Bidders In cases where the offers are for Door Delivery to Purchaser transit freight

amp Insurance charges shall be borne by the Bidder Supplier Contractor In other agreed cases of Ex-works

Ex-Transporters warehouse or Railway godown offers the Bidder Supplier Contractor on dispatch shall

give details of materials with dispatch particulars and their value in time to Purchasers Insurance Company

GM(M)MTI2000007617Passivation Station

Page 34 of 45

on the contact details as provided in the order In such agreed cases the freight amp insurance charges will be

paid by the purchaser directly to the parties concerned

A102 For Foreign Bidders For overseas supplies on CIF port of dispatch basis Transit Insurance shall be

arranged by the Purchaser The Bidder Supplier Contractor shall immediately on despatch of the

items inform all relevant details of despatch such as Order number Bill of LadingAWB number

marked as Freight Paid Insurance policydocument number of packages value of consignment

invoice number in time directly to Purchasers Insurance company amp Purchaser on the contact details

as provided in the order In case of delivery term other than CIFCIP the freight amp insurance charges

will be paid by the purchaser directly to the parties concerned

A110 TAXES amp DUTIES STATUTORY LEVIES A111 Taxes and duties applicable if any shall be regularized by MDL by issuing necessary exemption

certificates in respect of procurement for Defence Projects Bidder shall indicate separately the GST and

duties applicable in their offer When the items qualify for exemption partlyfully but the supplier did not

avail of the same the amount of taxes and duties on such supplies shall be to supplierrsquos account In cases

where exemption certificates are not issued for any reason taxes shall be paid as indicated in the Purchase

OrderContract Tax deduction at source will be effected wherever applicable (eg TDS under Income tax

Act TDS on Works Contract under GST Act etc) from the bills of the Supplier as per statutes Similarly

where payment of Custom duty is agreed to and stipulated in the Purchase Order Contract the same will be

paid by the Purchaser on receipt of supplierrsquos bills along with Custom Certified Duty Paid Challan-Money

Receipt in original or carbon copy as relevant These Challans Receipts Bill of Entry are to be drawn issued

in the name of lsquoMAZAGON DOCK SHIPBUILDERS LIMITEDrsquo only Where payment of GST is agreed to

and stipulated in the Purchase Order Contract the same will be paid by the Purchaser on the basis of

Suppliers TAX INVOICE wherein the GST Number along with HSN SAC code is indicated in the Invoice

A120 DEMURRAGE A121 Storage and Demurrage charges will be payable by the Bidder Vendor Contractor for all shipments

that reach purchaser without proper dispatch documentations Lorry Receipts not accompanied by packing

lists invoices etc The Supplier shall be responsible for fines due to errors or omissions in description weight

or measurements and for increased handling charges due to improper packing

A130 INSPECTION TESTING A131The ordered items will be inspected either by Classification Society Nominated Agency and or by

Inspection Officer nominated by Purchaser at stages defined in the tender Purchase Order or as agreed to be

defined subsequently in terms of the Purchase Order

A132 The decision of the Inspecting Authority or their representatives as the case may be on any question

of the intent meaning and the scope of Specifications Standards shall be final conclusive and binding on

the Bidder Vendor Contractor

A133 The Bidder Vendor Contractor shall accord all facilities to Purchasers Inspectors Nominated

Agency to carry out Inspection Testing during course of manufacture final testing

A140 RECEIPT INSPECTION BY MDL A141 MDL shall carry out necessary inspection of the items on receipt on the basis of an appropriate quality

assurance system and inspection system requirements along with representative of the Owner Any objection

raised by MDL Quality Control Team against quality of materials or workmanship shall be satisfactorily

corrected by the Contractor at his expense including replacement as may be required within shortest possible

time within 30 days Items damaged during transit shall also be rectified replaced by the Contractor within

shortest possible time payment for which shall be made at mutually agreed rates

A150 REJECTION OF MATERIALS A151 Should the articles or any portion thereof of the equipment be found defective rejected the Bidder

Vendor Contractor shall collect the same from the Purchasers Stores all incidental charges being borne by

him (inclusive of Custom duty if payable) within 30 days from the date of intimation to the Bidder Vendor

Contractor of such rejection The Purchaser reserves the right to dispose off the rejected items at the end of

a total period of 90 days in any manner to the best advantage to the Purchaser and recover storage charges

and any consequential damages from sale proceeds of such disposal

A160 TECHNOLOGICAL DEVELOPMENTS MODIFICATIONS

A161 The Bidder Supplier Contractor shall unconditionally and free of cost to the Purchaser transfer

information on technological developments innovations modifications which the BidderSupplier

Contractor would evolve in future (within 3 years) in relation to the supplied equipment To enable this the

Purchasers address shall be added to the Bidder Supplier Contractorrsquos mailing list or database or any other

document maintained for dissemination of product information and the Purchaser shall be informed of the

GM(M)MTI2000007617Passivation Station

Page 35 of 45

action taken in this regard If such improvements modifications are brought in by the Bidder Supplier

Contractorrsquos Design Department in the course of manufacture of equipment ordered by the Purchaser the

Bidder Supplier Contractor shall incorporate such improved versions in the equipment without any extra

cost to the Purchaser under Purchaserrsquos prior consent

A162 If the Purchaser be desirous of getting incorporated all post supply modifications improvements

arising out of technological developments to the original equipment supplied by the Bidder Supplier

Contractor the Bidder Supplier Contractor shall quote for and carry out all such modifications to the

equipment

A163 Where the whole or a portion of the equipment has been specifically developed by the Bidder

Supplier Contractor for the Owner and the latter would through the Purchaser be bearing the entire or part

of the development cost incurred by the Bidder Supplier Contractor the design rights for the whole or

portion thereof of the equipment as appropriate shall vest in the Owners

A164 Prior approval of the Owner should be obtained before similar articles are sold supplied to any other

party other than the Owner If such approval is given and sale is effected the Bidder Supplier Contractor

shall pay to the Owner royalty at the rate mutually agreed to

A165 The Sub-contractor Supplier Supplier shall continue to support the equipment for a minimum period

of 20 years from the date of supply by making available spare parts and assemblies of the equipment

supplied Should the Sub-contractor Supplier Supplier decides to discontinue the product for any reason

whatsoever adequate notice shall be given to the Purchaser Owner to enable procurement of the requisite

lifetime spares

A170 PURCHASERrsquoS RIGHT TO ACCEPT ANY BID PART OF BID AND TO REJECT ANY OR

ALL BIDS A171 The Purchaser reserves the right to accept and or reject any or all tenders and or to withdraw the tender

in Toto and or award the contract order in full or part to more than one vendor contractor without

assigning any reason whatsoever and without thereby incurring any liability to the affected Bidder or Bidders

or any obligations to inform the affected Bidder or Bidders of the grounds for MDL action

A180 BANK GUARANTEE INSURANCE COVER FOR FREE ISSUE MATERIAL A181 The Bidder Supplier Contractor shall furnish Bank Guarantee insurance Cover equivalent to the

value of materials supplied by MDL free of cost valid up to the execution of the contract delivery of

material inspected accepted and receipt at MDL together with the material reconciliation statement

whichever is later

A190 BIDDERrsquoS RESPONSE IN CASE OF NO PARTICIPATION A191 The Sub-contractor Supplier Vendor shall inform the Purchaser in advance in case he is unable to

participate in the tender for whatsoever reason Failure to comply with this will be viewed seriously and

consecutive three failures on the part of Sub-contractor Supplier Vendor to do so is liable for

disqualification debarring of the Sub-contractor Supplier Vendor from all future tender enquiries and or

delisting from the list of Approved Registered Vendors

A230 PREFERENCETIAL PURCHASE FROM MSE VENDORS ndash Not Applicable MDL has right to place order on MSE firm meeting following criteria

In tenders if participating MSEs quoted prices are within price band of L1+15 such MSEs shall also be

allowed to supply a portion up to 20 of requirement by bringing down their prices to L1 price where L1 is

non MSEs If more than 1 MSEs fall under such criteria then this 20 shall be distributed proportionally

This preference shall not be applicable where MSE firm is L1 firm out of 20 percent target of annual

procurement from Micro and Small Enterprises a sub-target of 20 percent (ie 4 percent out of 20 percent)

shall be earmarked for procurement from Micro and Small Enterprises owned by the Scheduled Caste or the

Scheduled Tribe Entrepreneurs In respect of items reserved for MSE extant guidelines shall be followed

Presently Circular No SO 581(E) dated 23032012 is applicable

GM(M)MTI2000007617Passivation Station

Page 36 of 45

Annexure-5

LOADING FACTORS A

Sr

No

Description Foreign Supplier

100 import content

Indigenous

Supplier with part

Import content

Indigenous

Supplier without

Import content

1 Basic Price Quoted

CIF

a a Ex Works

b b Delivered to

MDL Stores

a Ex Works

b Delivered to

MDL Stores

2 Add Insurance Charges Nil In case of 1 (a) In case of 1 (a)

3 Add Sea Air Freight charges

Inland Road Transport Nil In case of 1 (a) In case of 1 (a)

4

Customs Clearance Port

Handling Transportation to

Yard

Applicable NIL NIL

5

Cost (ex-MDL) excluding taxes

amp duties without loading

towards any deviations

CIF price +

SrNo4 Sr Nos (1+2+3) Sr Nos (1+2+3)

B LOADINGS DUE TO VARIATIONS IN FINANCIAL TERM

6 Variation in payment Terms

Varied payment terms quoted by bidders as compared to the terms stated

in the tender document shall be normalized on the amount(s) at variation

and or for the period (in no of days) at variation by adopting the Prime

Lending Rate of State Bank India plus 2 thereon incase of indigenous

bidders and LIBOR EURIBOR rates in case of foreign bidders

7

Income tax amp Service Tax on

Technical Services Service

Engineers liability to MDL

Normalization shall be done in respect of the amount of tax that have to

be borne by the Company

8 Production norms such as

scrap output ndash input ratio

9 Base date for price variation

clause

1

0

Cost (ex-MDL) excluding taxes

amp duties after loading for

variations in financial term

(SR Nos 5 + 6 + 7 + 8 + 9)

C LOADING ON ACCOUNT OF DEVIATIONS IN FOLLOWING COMMERCIAL TERMS

11

Security Deposit Contract

Performance Guarantee Mandatory

12

Equipment Performance

Guarantee Mandatory

13

Additional delivery period

sought over stipulated period as

per Tender

For the additional period sought by the bidder over the stipulated date of

delivery as per tender 050 per week for delayed period will be loaded

to the quoted price if the period under variation does not lead to bid

rejection criteria 14 Additional time sought for

supplying binding data

15 Liquidated damages per week

rate Maximum Ceiling

If bidder seeks less than 5 (Max ceiling) then the difference will be

loaded

The rate of LD per week or part thereof is 05 If bidder seeks say 04

per week or part thereof then Max Ceiling of LD will be equated to

weeks (Say 10 weeks) then LD proposed by bidder works out to 10 X 04

= 4 then 1 will be loaded

16 Warranty Guarantee

Deviations in respect of the period of Warranty shall be loaded to the

quoted price 025 per month or part thereof This does not arise if

the bidder quotes additional price for the differential period

GM(M)MTI2000007617Passivation Station

Page 37 of 45

17

Cost (Ex-MDL) excluding taxes

amp duties after loading for

variations on account of

financial and commercial terms

Sr Nos 10 + 11 + 12 + 13 + 14 + 15 + 16

D LANDED COST

18

Taxes amp Duties

19

Landed Cost Sr Nos 17 + 18

GM(M)MTI2000007617Passivation Station

Page 38 of 45

Annexure-6

LETTER OF CREDIT FORMAT FOR SHIPMENT BY SEA AIR

40A Form of Documentary Credit Type IRREVOCABLE

20 Transaction Reference Number Documentary

Credit Number

31C Date of Issue Date

31D Date and Place of Expiry Date

Place NEGOTIATING BANK

51A Applicant Bank BIC BANKERS OF MDLMUMBAI

50 Applicant Name amp Address MAZAGON DOCK SHIPBUILDERS LTD

DOCKYARD ROAD MAZAGON MUMBAI ndash

400 010

59 Beneficiary Name amp Address

32B Currency Code Amount

Currency

Amount

39A Percentage Credit Amount Tolerance

Tolerance 1

Tolerance 2

41D Available with hellipByhellip Name amp Address

42C Draft at hellip Narrative SIGHTNEGOTIATION

42D Drawee Name amp Address BANKERS OF MDLMUMBAI

43P Partial Shipments Narrative ALLOWEDNOT ALLOWED

43T Transhipment Narrative ALLOWEDNOT ALLOWED

44A Loading on Board Dispatch Narrative AIRPORT SEAPORT (AS PER TENDER

ENQUIRYORDER)

44B For Transportation to Narrative AIRPORT SEAPORT (AS PER TENDER

ENQUIRYORDER)

44C Latest Date of Shipment Date

46A Documents required Narrative (AS PER TENDER ENQUIRY)

47A Additional conditions Narrative 1 ALL DOCUMENTS SHOULD BE MARKED

WITH IEC CODE NO0388070412 LC NO

AND DATE AND IMPORT UNDER NON-

NEGATIVE LIST OF IMPORT EXPORT

POLICY AM

2 DISCREPANT DOCUMENTS TO BE SENT

STRICTLY ON COLLECTION BASIS

71B Details of charges Narrative ALL FOREIGN BANK CHARGES OUTSIDE

INDIA ARE FOR THE BENEFICIARYrsquoS

ACCOUNT

48 Period for presentation

Narrative

WITHIN ----- DAYS FROM THE DATE OF

BILL OF LADING AIRWAY BILL 49 Confirmation instructions

Instruction

WITHOUT

53D Reimbursing Bank

Name amp Address

BANKERS OF MDL WILL SPECIFY

78 Instructions to the Paying Accepting Bank

Narrative

BANKERS OF MDL WILL SPECIFY 72 Sender to Receiver Information

Narrative

BANKERS OF MDL WILL SPECIFY

GM(M)MTI2000007617Passivation Station

Page 39 of 45

Enclosure-7

PROFORMA BANK GUARANTEE FOR BID BOND EMD

(On Non-Judicial stamp paper of value Rs 500-)

IN CONSIDERATION OF MAZAGON DOCK SHIPBUILDERS LIMTED a company incorporated under the Companies Act 1956 and having its registered office at Dockyard Road Mumbai 400010 (hereinafter referred to as

the ldquothe Companyrdquo which expression shall unless it be repugnant or contrary to the subject or context thereof be

deemed to mean and include its successors and assigns) having agreed to accept the Earnest Money Deposit (EMD)

of Rs--------------------------- -------(Rupees-----------------------------only) in the form of Bank Guarantee from Messers

a partnership firmsole proprietor businessa company registered under the Companies Act 1956

having its office at (hereinafter called the tenderer which expression shall unless it be

repugnant or contrary to the subject or context thereof be deemed to mean and include its successors and assigns) for

participating in the Tender nodated (hereinafter called the tender which expression

shall include any amendmentsalterations to the tender issued by the Company) for the supply delivery at site

installation and commissioning of certain equipment itemservicescivil works etc We

Bank having office at (hereinafter referred to as ldquothe Bankrdquo which

expression shall includes its successors and assigns) hereby agree to pay to the Company without any demur on first

demand an amount not exceeding Rs (Rupeesonly) against any loss or damage costs charges and expenses caused to or suffered by the Company by reason of non performance and non-fulfilment or for

any breach on the part of the tenderer of any of the terms and conditions of the said tender

2 We Bank further agree that the Company shall be sole judge whether the said tenderer has

failed to perform or fulfil the said tender in terms thereof or committed breach of any terms and conditions of the

tender the extent of loss damage cost charges and expenses suffered or incurred or would be suffered or incurred by

the Company on account thereof and we waive in the favour of the Company all the rights and defences to which we

as guarantors may be entitled to

3 We Bank further agree that the amount demanded by the Company as such shall be final and

binding on the Bank as to the Bank s liability to pay and the amount demanded and the Bank undertake to pay the

Company the amount so demanded on first demand and without any demur notwithstanding any dispute raised by the

tenderer or any suit or other legal proceedings including arbitration pending before any court tribunal or arbitrator

relating thereto our liability under this guarantee being absolute and unconditional

4 We Bank further agree with the Company that the Company shall have the fullest liberty

without our consent and without affecting in any manner our obligations hereunder to vary any of the terms and

conditions of the said tenderor to extend time of performance by the tenderer from time to time or to postpone for

any time to time any of the powers exercisable by the Company against the tenderer and to forbear to enforce any of

the terms and conditions relating to the tender and we shall not be relieved from our liability by reason of any such

variation or extension being granted to the tenderer or for any forbearance act or omission on the part of the

Company or any indulgence by the Company to the tenderer or by any such matter or things whatsoever which under

the law relating to sureties would have the effect of relieving us

5 We Bank further undertake not to revoke this guarantee during its currency except with

the previous consent of the Company in writing

6 We Bank also agree that the Bankrsquos liability under this guarantee shall not be affected

by any change in the constitution of the tenderer or dissolution or winding up of the business of the tenderer

7 Notwithstanding anything contained herein above

i) Our liability under this guarantee shall not exceed Rs

ii) This Bank Guarantee shall be valid upto and including and

iii) We are liable to pay the guarantee amount or any part thereof under this Bank Guarantee only and only if you

serve upon us a written claim or demand on or before helliphelliphellip (validity + --- weeks from the date of expiry of this

guarantee)

8 This Guarantee shall be governed by Indian laws and the Courts at Mumbai India shall have the exclusive

jurisdiction

GM(M)MTI2000007617Passivation Station

Page 40 of 45

IN WITNESS WHEREOF the Bank has executed this document on this day

of

For Bank

(by its constituted attorney

or the person authorized to sign)

(Signature of a person authorized

to sign on behalf of the Bank)

GM(M)MTI2000007617Passivation Station

Page 41 of 45

Enclosure-8

PROFORMA BANK GUARANTEE FOR SECURITY DEPOSIT (ILLUSTRATIVE FORMAT)

(On Non-Judicial stamp paper of value Rs 500)

IN CONSIDERATION OF MAZAGON DOCK SHIPBUILDERS LIMTED a company incorporated under the

Companies Act 1956 and having its registered office at Dockyard Road Mumbai 400010 (hereinafter referred to as

the ldquothe Purchaserrdquo which expression shall unless it be repugnant or contrary to the subject or context thereof be

deemed to mean and include its successors and assigns) having placed an order on Messers

a partnership firmsole proprietor businessa company registered under the Companies Act 1956

having its office at (hereinafter called the Contractor Supplier which expression shall unless it

be repugnant or contrary to the subject or context thereof be deemed to mean and include its successors and assigns)

vide order No dated (hereinafter called the order which expression shall include any

amendmentsalterations to the order issued by the Purchaser) for the supply delivery at site installation and

commissioning of certain equipment itemservicescivil works etc as stated in the said Order and the Purchaser

having agreed with the ContractorSupplier to accept a Bank Guarantee in lieu of Security Deposit payable under the

said order for the fulfilment and performance of the said order We Bank having

office at (hereinafter referred to as the Bank which expression shall includes its

successors and assigns) hereby agree to pay to the Purchaser without any demur on first demand an amount not

exceeding Rs (Rupeesonly) being 5 of the order value against any loss or damage costs

charges and expenses caused to or suffered by the Purchaser by reason of non performance and non-fulfilment or for

any breach on the part of the Contractor Supplier of any of the terms and conditions of the said order

2 We Bank further agree that the Purchaser shall be sole judge whether the said

contractorSupplier has failed to perform or fulfil the said order in terms thereof or committed breach of any terms

and conditions of the order and the extent of loss damage cost charges and expenses suffered or incurred or would

be suffered or incurred by the Purchaser on account thereof and we waive in the favour

of the Purchaser all the rights and defences to which we as guarantors may be entitled to

3 We Bank further agree that the amount demanded by the Purchaser as such shall be final and

binding on the Bank as to the Bank s liability to pay and the amount demanded and the Bank undertake to pay the

Purchaser the amount so demanded on first demand and without any demur notwithstanding any dispute raised by the

ContractorSupplier or any suit or other legal proceedings including arbitration pending before any court tribunal or

arbitrator relating thereto our liability under this guarantee being absolute and unconditional

4 We Bank further agree with the Purchaser that the Purchaser shall have the fullest liberty

without our consent and without affecting in any manner our obligations hereunder to vary any of the terms and

conditions of the said orderor to extend time of performance by the Supplier from time to time or to

postpone for any time to time any of the powers exercisable by the Purchaser against the Contractor Supplier and to

forbear to enforce any of the terms and conditions relating to the order and we shall not be relieved from our liability

by reason of any such variation or extension being granted to the Contractor Supplier or for any forbearance act or

omission on the part of the Purchaser or any indulgence by the

Purchaser to the ContractorSupplier or by any such matter or things whatsoever which under the law relating to

sureties would have the effect of relieving us

5 We Bank further undertake not to revoke this guarantee during its currency except with

the previous consent of the Purchaser in writing

6 We Bank also agree that the Bankrsquos liability under this guarantee shall not be affected

by any change in the constitution of the Contractor Supplier or dissolution or winding up of the business of the

contractor supplier

7 Notwithstanding anything contained herein above

i) Our liability under this guarantee shall not exceed Rs

ii) This Bank Guarantee shall be valid upto and including and

GM(M)MTI2000007617Passivation Station

Page 42 of 45

iii) We are liable to pay the guarantee amount or any part thereof under this Bank Guarantee only and only if you

serve upon us a written claim or demand on or before helliphelliphelliphellip(validity + ---weeks from the date of expiry of this

guarantee)

8 This Guarantee shall be governed by Indian laws and the Courts at Mumbai India

shall have the exclusive jurisdiction

IN WITNESS WHEREOF the Bank has executed this document on

this day of

For Bank

(by its constituted attorney)

(Signature of a person authorised

to sign on behalf of the Bank)

GM(M)MTI2000007617Passivation Station

Page 43 of 45

Enclosure-9

PROFORMA BANK GUARANTEE FOR PERFORMANCE (ILLUSTRATIVE FORMAT)

(On Non-Judicial stamp paper of value Rs 500-)

IN CONSIDERATION OF MAZAGON DOCK SHIPBUILDERS LIMTED a company incorporated under the

Companies Act 1956 and having its registered office at Dockyard Road Mumbai 400010 (hereinafter referred to as

the ldquothe Purchaserrdquo which expression shall unless it be repugnant or contrary to the subject or context thereof be

deemed to mean and include its successors and assigns) having placed an order on Messers a

partnership firmsole proprietor businessa company registered under the Companies Act 1956 having its Registered

office at (hereinafter called the Contractor Supplier which expression shall unless it be

repugnant or contrary to the subject or context thereof be deemed to mean and include its successors and assigns)

vide order No dated (hereinafter called the order which expression shall include any

amendmentsalterations to the order issued by the Purchaser) for the supply delivery at site installation and

commissioning of certain equipment itemservicescivil works etc as stated in the said Order and the Purchaser

having agreed that the Contractor Supplier shall furnish a security for the performance of the Contractorrsquos

Suppliers obligations andor discharge of the Contractorrsquos Suppliers liability in connection with the said order and

the Purchaser having agreed with the ContractorSupplier to accept a performance guarantee We

Bank having office at (hereinafter referred to as the

Bank which expression shall includes its successors and assigns) hereby agree to pay to the Purchaser without any

demur on first demand an amount not exceeding Rs (Rupeesonly) being 10 of the order

value against any loss or damage costs charges and expenses caused to or suffered by the Purchaser by reason of

non-performance and non-fulfilment or for any breach on the part of the Contractor Supplier of any of the terms and

conditions of the said order

2 We Bank further agree that the Purchaser shall be sole judge whether the said

ContractorSupplier has failed to perform or fulfil the said order in terms thereof or committed breach of any terms

and conditions of the order and the extent of loss damage cost charges and expenses suffered or incurred or would

be suffered or incurred by the Purchaser on account thereof and we waive in the favour of

the Purchaser all the rights and defences to which we as guarantors may be entitled to

3 We Bank further agree that the amount demanded by the Purchaser as such shall be final and

binding on the Bank as to the Bank s liability to pay and the amount demanded and the Bank undertake to pay the

Purchaser the amount so demanded on first demand and without any demur otwithstanding any dispute raised by the

ContractorSupplier or any suit or other legal proceedings including arbitration pending before any court tribunal or

arbitrator relating thereto our liability under this guarantee being absolute and unconditional

4 We Bank further agree with the Purchaser that the Purchaser shall have the fullest liberty

without our consent and without affecting in any manner our obligations hereunder to vary any of the terms and

conditions of the said orderor to extend time of performance by the Supplier from time to time or to postpone for

any time to time any of the powers exercisable by the Purchaser against the Contractor

Supplier and to forbear to enforce any of the terms and conditions relating to the order and we shall not be relieved

from our liability by reason of any such variation or extension being granted to the Contractor Supplier or for any

forbearance act or omission on the part of the Purchaser or any indulgence by the Purchaser to the

ContractorSupplier or by any such matter or things whatsoever which under the law

relating to sureties would have the effect of relieving us

5 We Bank further undertake not to revoke this guarantee during its currency except with

the previous consent of the Purchaser in writing

6 We Bank also agree that the Bankrsquos liability under this guarantee shall not be affected

by any change in the constitution of the Contractor Supplier or

dissolutionhelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

7 Notwithstanding anything contained herein above

i) Our liability under this guarantee shall not exceed Rs

ii) This Bank Guarantee shall be valid upto and including and

GM(M)MTI2000007617Passivation Station

Page 44 of 45

iii) We are liable to pay the guarantee amount or any part thereof under this Bank Guarantee only and only if you

serve upon us a written claim or demand on or before helliphelliphellip (validity + ---weeks from the date of expiry of this

guarantee)

8 This Guarantee shall be governed by Indian laws and the Courts at Mumbai India shall have the exclusive

jurisdiction

IN WITNESS WHEREOF the Bank has executed this document on

this day of

For Bank

(by its constituted attorney)

(Signature of a person authorised

to sign on behalf of the Bank)

GM(M)MTI2000007617Passivation Station

Page 45 of 45

Enclosure-10

Electronic Payment Mandate Form

(MDL Bank details)

Name of the CompanyFirm Mazagon Dock Shipbuilders Limited

Address with Phone no Dockyard Road Mumbai ndash 400010

E-Mail ID

Phone No +91 22 23745310

Fax No

Particulars of Bank Account

Name of the Bank State Bank of India

Name of the Branch Mazagon Dock Mumbai Branch

Branch Code 9054

Bank IFSC NEFT Code SBIN0009054

Bank Address MBPT Workshop building NV Nakhwa Road Mazagon - 400010

City Name Mumbai

Telephone No of Bank +91 22 23752802

9 digit code no of bank amp branch

appearing on the MICR cheque

issued by your bank

400002120

Type of Account Current Account

Account No 10005255246

Income Tax PAN No AAACM8029J

Page 6: Final Tender - Mazagon Dock Shipbuilders...DIVISION-SHIP BUILDING DEPARTMENT-MATERIAL PROCUREMENT Tender no.: GM(M)/MTI/2000007617 for the Engineering, Manufacturing, Supply/Installation,

GM(M)MTI2000007617Passivation Station

Page 6 of 45

2The Supplier shall supply the spares of equipment as and when projected for period of ten

years after acceptance of the machine

3Electrical and electronic components shall be so chosen from ranges for which after- sales

support and spares suppliers are guaranteed for a period of 10 years after acceptance of the

machine

Delivery Within 4 months from the date of placement of order Final acceptance of machine on site after

Verification that the machine is complete and conforms to the present specification and all checks are in conformity

30 Prequalification Criteria

31 Pre-Qualification CriteriaDocuments-

311 Bidders Company Profile and Organization Chart

312 Bidders supporting documents for type of company such as -

a Shop amp Establishment registration certificate

b Certification from registrar of firms

c Certificate of Incorporation by registrar of company

313 List of equipment held by them with model year working status along with details of their

manufacturing facilities and personnel with designation qualification and experience to

determine their capabilities NSIC SSI registered bidders are requested to submit the valid

registration certificate indicating the capacity alternatively

314 Audited Certified Balance sheet Profit Loss account for past 3 years(2016-17 2017-18 amp

2018-19)

315 The bidder should have a minimum average turnover of at least for Rs 5379000- during the

last 3 years and shall submit last three years ie 2015-16 2016-17 amp 2017-18 audited balance

sheet amp Profit amp loss account statement Documents should be in English language

316 The bidder should have executed orders of similar supplies of value of at least for

Rs 8965000- during the last 03 years from tender closing date and shall submit Purchase

order copies along with work completion certificate Documents should be in English language

Similar supplies defined as ldquoSupply installation and commissioning of PASSIVATION

STATIONrdquo

317 Declaration by bidders that the firm is GST registered Non GST registered registered under

composition scheme

318 Only bids from OEM will be consider against this tender

GM(M)MTI2000007617Passivation Station

Page 7 of 45

NOTE - (1) Submission of documents mentioned above is mandatory for every bidder Bidders need

to submit supporting documentary evidence in support of the Pre-Qualification Criteria Viz

Work Order Work Completion Certificate issued by the party for whom the work is done

(2) Bidders registered with Mazagon Dock Shipbuilders Limited should furnish copy of valid

registration certificate

(3) MDL has a right to demand for hard copy of any of the above documents any other document amp verify cause verification of authenticity of the said documents or may carry out

site visit whenever felt necessary Bidders shall comply with the same If the document

verification is not found satisfactory to MDL and on verification if the document is not found

authentic to MDL offer is liable for rejection MDLrsquos decision in this regard will be final and

binding on the bidder without stating any reason whatsoever it may be

4 Validity Period Bids Offers shall have a validity period of 120 days from the tender closing date A

bid valid for a shorter period will be liable for rejection by MDL as non-responsive Technically accepted bidder will be given opportunity to accept validity as per tender in case of short validity In case

of non-acceptance of validity as per tender term thereafter the firm offer will be rejected as non-

responsive

5 On-line submission of bids in Two-Bid System Offer must be submitted in two parts through E-

tendering system Bidders are requested to log on to httpseprocuremdlnicin for submission of bids

against above tender Bids must be submitted in Two parts ie Part-I (Techno-Commercial bid) and Part-

II (Price Bid) as appearing on-line

51 Part I Bid (Techno-Commercial bid)

511 Detailed Technical offer for technical scrutiny along with point-wise acceptance or

offered specifications against required specification Technical details catalogues

drawings data sheets calculations as applicable to be enclosedattached in

attachment provision given online

512 Bidders to carefully fill all listed online forms providing their

commentsAcceptancedeviations if any in the space provided online against

respective clauses of Technical specifications Tender terms amp conditions (TEF) GT

ampC and STACS etc

Un-priced format stating Quoted or Not Quoted whichever is applicable must be

selected from dropdown list in un-price bid form and applicable taxes must be

mentioned in respective tax column

513 Indigenous bidders to quote in INR amp Foreign bidders to quote in respective foreign

currency

514 Pre-qualification documents as listed at Para 3 above

515 Deviation Sheet if any shall be uploaded on-line for TEF STACS and GTampC

516 Enterprises status (If any) to be indicated in Part-I Micro Medium Small

515 The scanned image of receipt of NEFTRTGSBid bondSwift message towards

Earnest Money Deposit or Documents towards which EMD exemption is being

claimed as stipulated in TEF clause no 6 shall be uploaded at Part-I tender stage

The original of the NEFTRTGSBGBid bond swift message shall be forwarded to

GM (M) in sealed envelope superscribing Tender Enquiry No and Due date so as to

reach within 7 MDL working Days from the tender closing date addressed

To

GM (M)

II FLOOR MOGUL HOUSE

SOUTH YARD

MAZAGON DOCK SHIPBUILDERS LTD

GM(M)MTI2000007617Passivation Station

Page 8 of 45

DOCKYARD ROAD

MUMBAI- 400010

EMD payment can also be submitted as Bank Guarantee(BG)

52 Part-II (Price Bid)

521 Indigenous bidders to quote in INR on door delivery basis amp overseas bidders to

quote in foreign currency on CIF basis Indigenous bidders quoting in currency other

than INR will be liable for rejection

522 Bidder to fill their prices online strictly in the online price bid form only Prices amp

other charges (as listed in form) to be enteredfilled in the applicable

headcellcolumns only as prices in wrong headcellcolumn which are not applicable

to you (bidder) will finally affect your (bidders) total landed cost amp accordingly

ranking Wherever any charges from the listed charges are not applicable to bidder

then lsquozerorsquo to be entered in that respective headcellcolumn

Refer Illustrative format and guidelinerdquo at Annexure-2A for quoting prices in

online price bid form

523 In case of any discrepancy in the Blank Rate Schedule Format and actual On-line

Price Bid after opening of the Price Bids the details (GST and any charges)

mentioned in the On-line Price bid shall prevail over the details in blank rate schedule

format However the negotiated commercial terms before price bid opening will be

considered for ranking and evaluation as per Para15

53 Bidders in their own interest are requested to upload their bids well in advance of tender closing

date to avoid the last minute difficulties in uploading the bids

54 Problems in hardwaresoftware Internet connectivity system configurations Browser setting etc

for whatsoever reason shall not be considered for extension of tender closing date and time

55 Bidders quoting on behalf of overseas principals should quote in INR (Indian Rupees) on FOR

Door delivery basis with their principalrsquos authorization letter Overseas bidders to quote directly

in foreign currency on CIF basis amp also quote FOB amp installationCommissioning charges

additionally Currency to be quoted by foreign bidder in USDEURO

56 No Exemptions towards Custom duty is applicable amp hence no exemptions certificates will be

issued

GM(M)MTI2000007617Passivation Station

Page 9 of 45

6 Earnest Money Deposit (EMD) BID BOND

61 Bidders shall have to make payment towards EMD amounting to Rs 358600- (Rupees Three Lakhs Fifty Thousand Six Hundred only) directly from MDL payment Gateway the path

of which is provided at Enclosure-11 It is mandatory for bidders to make EMD payment through

MDL payment portal or NEFT RTGS

EMD payment in the form of BG is also accepted (Please refer Enclosure- 7 for EMD BG format)

Bidders have to enter Vendor Name Nature of Payment and Tender No in Text Narration

Field while making NEFT RTGS payment to Mazagon Dock Shipbuilders Limited Bank

Account No 10005255246 and a scanned copy of payment made to our Account should be

uploaded in Techno-commercial bid (Part-I) towards proof for submission of EMD against this

tender

a) Bidderrsquos offer will be categorically rejected if EMD payment will be made after tender due date and time to Mazagon Dock Shipbuilders Limited Account However bank

guarantee drawn in favor of MAZAGON DOCK SHIPBUILDERS LIMITED Mumbai from

the list of Banks approved by SBI Canara Bank published on MDL Website or bid bond swift

message of equivalent foreign currency for foreign bidders shall be forwarded GM (M) in

sealed envelope super-scribing Tender Enquiry No and Due date so as to reach us within 7

MDL working days from the tender closing date The scanned image of NEFTRTGS BG Bid

bondswift message shall be uploaded at Part-I tender stage The bid bond Bank Guarantee

should be valid for 120 days+4 weeks from the tender closing date Similarly authorized Indian

agent can submit BG from bank as per list of banks approved by SBI Canara bank as bank of

international repute published on MDL website on behalf foreign bank Bidders to advise their

bankbanker to send EMDBG directly to commercial department or through SWIFT to dispense

with additional step of verification of authenticity of signatories In case of EMD transmitted

through SWIFT it shall be the responsibility of the bidder that he directs the receiving banker

to forward the message duly authenticated to the concerned commercial officer mentioned in

the tender Bids without EMD other than those who are exempt from payment of EMD will not

be considered EMD of unsuccessful bidders will be returned after finalization of the tender and

shall be interest free Bids without EMD will not be considered

b) EMD of unsuccessful bidders will be returned after finalization of the tender and shall be interest free

MDL bank details for Direct Electronic transfer is as under

BENEFICIARYrsquoS

NAME MAZAGON DOCK SHIPBUILDERS LIMITED

NAME OF BANK STATE BANK OF INDIA

BRANCH amp ADDRESS MAZAGAON BRANCH MAZAGAON MUMBAI 400010

BR CODE 9054

ACCOUNT NO 10005255246 ACCOUNT TYPE CURRENT

ACCOUNT

IFSC CODE SBIN0009054 RTGS CODE SBIN0009054

NEFT CODE SBIN0009054 MICRNECS

CODE 400002120

INCOME TAX PAN

NO AAACM8029J GST ID 27AAACM8029J1ZA

62 EXEMPTION FROM SUBMISSION OF EMDBID BOND Following bidders shall be exempt from submission of EMDBid Bond

62 Following bidders shall be exempt from submission of EMDBid Bond

621 State amp Central Government of India departments Public Sector Undertakings

622 Firms registered with Mazagon Dock Shipbuilders Limited (MDL) for the items for

GM(M)MTI2000007617Passivation Station

Page 10 of 45

which the offer is being submitted (To qualify for EMD exemption firms should

necessarily submit VALID copy of the registration certificate issued by MDL in Part-

I offerbid Firms in the process of obtaining MDL registration will not be considered

for EMD exemption)

623 Firms registered with NSIC under its ldquoSingle Point Registration Schemerdquo

(Exemption will apply only to items service indicated under description of work

supplies services amp value up to which bidders are registered with NSIC) To qualify

for EMD exemption firms should necessarily submit VALID copy of the registration

certificate issued by NSIC in Part-I offer bid Firms in the process of obtaining

NSIC registration will not be considered for EMD exemption

624 Firms registered as Micro and Small Enterprises (MSEs) To qualify for EMD

exemption firms should necessarily upload VALID copy of the registration

certificate from the competent authority regarding their Micro Small Industry status

in Part-I offerbid

625 Commondeemed DPSU registered vendors qualify for EMD exemption Such firms

shall submit valid copy of the registration certificate issued by DPSUs (other than

MDL) for the itemsservices for which the offer is being submitted on Part-I

offerbid Firms in the process of obtaining registration in other DPSUs will not be

considered for EMD exemption

626 Green channel status vendors qualify for EMD exemption Such firms shall submit

valid copy of the green channel certificate issued by MoD for the items for which the

offer is being submitted in Part-I offerbid Firms in process of obtaining this

certificate will not be considered for EMD exemption

7 Bid Rejection Criteria

71 Following bids shall be categorically rejected

711 Bids received after tender closing date and time

712 Bids received without EMD (other than those who are exempted from payment of

EMD) as specified in the tender

713 Bidders not agreeing to provide assistance for installation Testing Commissioning amp other such Technical activities of equipment supplied by them

714 Bids received in any form other than through e-Portal

715 If the date of issue of EMD (DDBGSWIFT message) is later than the tender closing

date

72 Following bid rejection criteria may render the bids liable for Rejection

721 Bidderrsquos failure to furnish sufficient or complete details for evaluation of the bids

within the given period ranging in between 2 to 3 weeks depending on deficiencies

noticed in the drawing technical data which shall not however conflicts with validity

period

722 Incomplete misleading ambiguous bids in the considered opinion of TNC

723 Bids with technical requirements and or terms not acceptable to MDL Customers

External agency nominated as applicable

724 Bids without uploading pre-qualification documents where required as per the tender

GM(M)MTI2000007617Passivation Station

Page 11 of 45

725 Bids not meeting the pre-qualification parameters stipulated in the tender enquiry

726 Bidders not agreeing to supply spares post sale product support post work

completion support

727 High seas sales sales in transit

728 Unreasonably longer delivery period quoted by the firm

729 Validity period indicated by bidders is shorter than that specified in the tender

enquiry

7210 Bidders not agreeing to furnish required Security Deposit Required Contract

Performance Guarantee till completion of the supplies services as per contract

7211 Bidders not agreeing to furnish Performance Bank Guarantees for equipment

supplied services rendered or not agreeing for retention of equivalent amount by

MDL up to the period till completion of contractual and guarantee warranty

obligations

7212 Bidder not agreeing to quote as a single point responsibility for whole scope of work

(ie right from design supply of systemequipment till commissioning STW amp

training at MDL site)

7213 Bidders not agreeing warrantyguarantee Clause of tender (clause no 10)

8 Pricing Prices to be quoted on firm and fixed basis during the currency of the order contract

81 For Indigenous Bidders Indigenous Bidder shall quote the prices online of all items services listed in

the online price sheet format of the tender enquiry for delivery of the items in MDL store completion of

the work at MDL site The prices quoted shall remain firm and fixed during the currency of the order

contract unless agreed otherwise by MDL and should be inclusive of all cost towards Packing amp

forwardinginsurancefreight deliveryTransportation and transit insurance

82 For Foreign Bidders Bidder shall quote the prices online on the CIF Mumbai Port of destination

(India) basis only Prices on the basis of FOB factory or ex-works are not acceptable However FOB

cost shall also be quoted The prices quoted shall remain firm and fixed during the currency of the order

contract unless agreed otherwise by MDL To arrive at custom charge the foreign bidder(s) must submit

details viz (i) port of dispatch (ii) containerized dispatch (iii) Number of container (iv) Gross weight

9 Terms of Payment - MDL does not pay any advance Payment for Indigenous amp Overseas bidders

91 For Indigenous Bidders

911 Supply Installation commissioning amp training - Payment for the value of supply and services as reduced by any deductibles andor the amount

leviable towards liquidated damages if any may be payable through NEFTRTGSECS between 15-

20 days of completion of complete scope of work (ie after Supply Installation trials

commissioning and training) and against submission of documents in Triplicate including Delivery

challan(s) receipt inspection amp acceptance report warranty Guarantee certificate Test reports

Certificates if applicable Packing Lists Invoice Storage Preservation Maintenance Procedures

amp other Technical documentation in requisite sets as relevant and work completion certificate duly

certified by an officer from the user department in the rank of CM or above and submission amp

subsequent confirmation of performance bank guarantee for 10 of the total order value excluding

taxes

GM(M)MTI2000007617Passivation Station

Page 12 of 45

912 TReDS

Alternate MSME vendor payment through TReDS

ldquoIn order to address the financial needs of MSME firms GoI has introduced a platform for

facilitating the financing of trade receivables of MSMEs from buyers through multiple

financiers which is termed as Trade Receivables Discounting System (TReDS) At TReDS

auctioning of invoices at competitive amp transparent environment is done by financers based on

Buyerrsquos credit profile

MDL is registered on the Invoicemart TReDS platform and M1xchange of Ms Mynd

Solutions Pvt Ltd

MSME bidders desirous to receive payments through TReDS platform may avail the facility if

they are already registered on

1Invoicemart TReDS platform or by registering on it

Contact details at Invoicemart TReDS platform are as below

022 6235 7373 and a new mail id serviceinvoicemartcom

2 M1xchange

TReDS platform

or by registering on it

Contact details at M1xchange TReDS platform are as below

+91 9920455374 MsAshwathi Jayandran email id ashwathijayandranm1xchangecom

+91 8839915724 Ms Prinyaka Shah email id prinyakashahm1xchangecom

MSE bidders upon successful delivery shall submit their invoices along with the mandated

enclosures at MDL Central Receipt Section MSE vendors desirous to receive payments through Invoicemart TReDS platform or M1xchange TReDS platform shall submit their TReDS

details along with the invoice at MDL Central Receipt Section Upon receipt and acceptance of the

supplied material and receipt of invoices with the mandated enclosures MDL shall process the

invoice for payment on Invoicemart M1xchange TReDS platform Any unfinanced invoices

invoices of MSE bidders seeking payment from MDL directly shall be processed as per the Standard

payment terms agreed in PO contractrdquo

92 For OverseasForeign Bidders

(A)

Payment through LC - Payment against irrevocable letter of credit (LC)

established through our bankers as per format at illustrative Annexure 6 For opening

LC Supplier should essentially furnish their clear amp timely acceptance of the order

For opening LC all charges outside India shall be borne by the beneficiary

(Supplier) Additional loading of prices (A) towards charges incurred in LC opening

by MDL and (B) Interest for period of 20 days base rate of SBI+2 on payment

amount is to be considered while evaluating foreign bidders for ranking purpose In

case supplier seeks LC amendment for no fault of MDL or requires confirmation of

LC then all charges towards LC amendment or confirmation of LC respectively

shall be borne by the Supplier LC will allow Payment on timely presentation of

following documents through bank Opening of LC shall be before one month of

the schedule for dispatch or before such period as may be discussed and mutually

agreed to in the PNC (Price Negotiations) The time limit for opening of LC and or

amendment for LC shall be 7 days or within such no of days as may be stipulated in

purchase orderContract Delay in opening of LC can lead to corresponding delay in

delivery and hence no LD is applicable on such delayed portion

LC will be opened accordingly after receipt of intimation about readiness of

Material items equipments LC shall be valid for 89 days Firm to sendsubmit

documents as listed in Para 921 to 9212 below in originals for custom clearance of

material to MDL directly after shipment

GM(M)MTI2000007617Passivation Station

Page 13 of 45

For Items-

921 Set of Original + 2 Copies of signed Invoice showing item wise prices as per the order

922

Set of Original + 2 Copies of signed Packing List clearly showing list of items

packed Specifying unit as per Indian Custom Tariff

923

Set of Original + 2 Copies Clean on Board Bill of Lading OR Air Way Bill made in

the name of MDLrsquos Bank and Marked as freight paid

924

Set of Original + 2 Copies of Certificate of approval OR Release Note from MDL

nominated Inspection agency or Work completion performance certificate or

Dispatch clearance from MDL

925 Certificate of country of origin in Original + 2 Copies by chamber of commerce

926 Original + 2 Copies of Warranty Certificate in prescribed format

927

Original + 2 Copies of all Manufacturerrsquos Test Certificates (MTCs) Reports

Drawings Manuals Procedures etc as relevant to the ordered item

928

Original + 2 Copies of Performance Bank guaranteeequivalent BG wherever

applicable

929

Certificate Confirming that supplier has couriered dispatched 03 sets of Non

Negotiable Documents comprising of all Test reports MTCs Technical

Documents Drawings Manuals Procedures etc and of Signed Invoices Packing

Lists Bill of LadingAWB MDL nominated Inspection Agencyrsquos Certificate of

approval Country of Origin Certificate Warranty Certificate Performance Bank

Guarantee directly to MDL

9210

Original + 2 Copies of the Certificate issued by the classified society confirming

seaworthiness of the vessel and that the shipment is made on vessels of not more

than 15 years vintage (Applicable in case of CIF contracts orders agreed by MDL)

9211

Certificate issued by MDL confirming that the delivery is made in time and no

penalty is applicable OR in case of delays admissible amount of penalty will be specified by MDL in this certificate for reduction of equal amount from supplierrsquos

invoice (MDL will issue this certificate generally by e-mail or FAX immediately on

receipt of signed copy of invoice packing list approval certificate of the nominated

inspection agency date of the proposed shipment amp copies of BL or AWB or any

other acceptable documents confirming supplierrsquos readiness dispatch)

9212

Certificate confirming that the shipping instructions (inclusive of packing) have

been followed while packing shipment and forwarding of details for insurance to

MDL

Important Notes for Foreign Bidders 1 All the documents should clearly indicate the Purchasers Order number Import

License Number Airway Bill Bill of Lading Number

2 Foreign Bidders must submit the Letter of Credit format duly filled as per Annexure- 6

of the tender

3 To arrive at the custom charges the foreign bidders must submit the following details

along with the Part ndashI Bid -

(a) Port of dispatch to be clearly specified

(b) Containerized dispatch Break bulk

(c) No of required containers with their size amp type (20Feet40 FeetOpenClosed)

(d) Gross weight

(e) Any other specific handling Instructionsconditions of consignment

GM(M)MTI2000007617Passivation Station

Page 14 of 45

10 GuaranteeWarranty Supplier shall warranty the performance of the Passivation station for a

period of 12 months after commissioning or 24 months after receipt of station at MDL

whichever is earlier

During this period all defects arising out of defective material and faulty workmanship will be

rectified by repairing or replacing part or whole material as necessary free of charge on door

delivery basis Any consequential damagedefect or loss of items due to poor

workmanshippoor material qualitynegligence etc attribute to the bidder to be rectifiedreplaced by the bidder free of cost All the necessary spares tools Service engineers

amp Mechanics required for repairs to be arrange by vendor at no extra cost and machine to be

put into operation at the earliest

11 Performance Bank Guarantee (PBG) The Successful bidders will have to submit PBG in the prescribed format from the list of

Banks approved by SBI Canara Bank published on MDL Website for 10 of the Order value

excluding taxes etc valid for 13 months (validity 12 months + 1 month claim period) from the date of supply or offer your consent to MDL for retention of 10 of order value towards

PBG Bidders may advise their bankbanker to send BG directly to commercial department or

through SWIFT to dispense with additional step of verification of authenticity of signatories

In case of BG transmitted through SWIFT it shall be the responsibility of the bidder that he

directs the receiving banker to forward the message duly authenticated to the concerned

commercial officer mentioned in the tender

12 Bidder shall abide by all Standard Terms and Conditions of Supply (STACS) GTampC and

accordingly contract will be governed as per uploaded form at Stage Name Part ndashI (Techno-

Commercial Bid) Deviation if any shall be clearly indicated In case of discrepancy clauses

mentioned in Tender Technical Scope and Rate sheet will override the clauses mentioned in

other annexure including STACS amp GTampC In event we do not receive acceptance forms

dully filled for TEF STACS and GTampC it shall be presumed that all our terms and

conditions of tender are acceptable to you

13 Taxes amp Duties - The item-wise rates quoted in the Rate Sheet should exclude GST and

duties

131 For Indigenous bidders The rate sheet to be enclosed with the tender will indicate

the rates under each tax head viz GST

a Only those bidders who indicate the taxes amp duties separately as above all

shall be entitled for consideration of change in corresponding rates in case

of variation in statutory levies

b Supplierbidder will not be entitled to any increase in rate of taxes

occurring during the period of extended delivery schedule if there is delay

in supply completion attributed to him however if there is a decrease in

taxes the same must be passed on to MDL

c Wherever all-inclusive prices are quoted by the bidders without bifurcation

of tax elements no escalation can be considered in respect of any variation

in statutory levies arising subsequently because of the absence of the

required base figures in the purchase order contract

132 GST as per GST Laws shall be payable extra as quoted and agreed

133 In case of Purchase of goodsservices from unregistered dealers under GST laws

GST will be paid by MDL under reverse charge mechanism

134 Benefits from reduction in rate of taxITC are required to be passed on to

consumer Where ldquoapplicable GSTrdquo has been quoted as extra Goods and service

providers (except un-registered dealers under GST Law) have to submit

declaration that they have complied with lsquoAnti ndashprofiteering clausersquo under GST

Law Such declaration be given in technical bid

GM(M)MTI2000007617Passivation Station

Page 15 of 45

135 Where the quoted price is claimed to be inclusive of taxes (by other than

composite vendor) MDL consider it as net price on which GST is payable In

such cases the GST may be paid by MDL directly to GSTN under reverse

charge mechanism or otherwise for which no input tax credit will be available to

vendor and vendor is deemed to have confirmed that he will not claim ITC for

such items

136 If the vendor is registered under GST vendor shall mention the HSN code for

goodsampor services in their tax invoice etc These codes must be in accordance

with GST Laws and responsibility of specifying correct HSN code for goodsampor

services is that of the vendor MDL shall not be responsible for any error in HSN

code for goodsampor services specified by suppliercontractor Suppliercontractor

shall pay penalty andor interest imposed on MDL or any loss due to delay in

availing ITC by MDL or any loss of ITC to MDL due to error by vendors at any

stage MDL reserve right to recover any such interest penalty or loss from any amount due to supplier contractor or vendor shall reimburse make good such

loss within 15days after intimation by MDL or otherwise

137 In case MDL is unable to avail ITC suppliercontractor at their own cost shall

rectify the shortcoming in the returns to be filed immediately thereafter Further

if the ITC is delayed denied to MDLreversed subsequently as per GST Laws due

to nondelayed receipt of goods andor services andor tax invoice or expiry of

timelines prescribed in GST Laws for availing ITC non-payment of taxes or non-

filling of returns or any other reasons not attributable to MDL supplier

contractor shall pay any loss of amount along with interest and penalty on MDL

under GST Laws for the number of days the ITC was delayed If the shortcoming

is not rectified by suppliercontractor and MDL ends up in reversal of credits

andor payments suppliercontractor is fully liable for making good all the loss

incurred by MDL MDL reserve right to recover any interest penalty or loss from

any amount due to suppliercontractor or otherwise

138 If the vendor is registered under GST the GST registration number (15 digit

GSTIN) issued by GOI shall be mandatorily provided by the vendor Vendor

having multiple business verticals within state at multiple states with separate

GST registration numbers shall forward GSTIN of only that vertical which is

involved in supply of goods andor services MDL GSTIN is

27AAACM8029J1ZA and vendor shall mention the same while invoicing and

avoid any data entry error on GST portal

139 If the vendor is registered under GST vendor shall ensure timely submission of

invoice as per the provisionsrequirementstimeline promulgated by GOI in

relation to GST Laws with all required supporting documents to enable MDL to

avail input tax credit promptly The vendors invoice inter alia should contain

GSTIN of vendor GSTIN of MDL (ie 27AAACM8029J1ZA) GST tax rate

separately HSN code wise goods or services Place of supply signature of vendor

etc Original invoice needs to be submitted to Bill Receipt Centre at MDL gate

and a copy of the invoice should be given to the GRS Stores

1310 If the vendor is registered under GST vendor shall file all applicable returns

under GST Laws in the stipulated time and any losses of tax credit to MDL

arising due to delay in filling will be recovered from their invoice wherever MDL

is eligible to avail tax credit Any default towards payment of tax andor

uploading of monthly returns by supplier contractors MDL retains right to

withhold payments towards tax portion until the same is corrected and complied

by the suppliercontractor with the requirement of GST along with satisfactory

evidence

GM(M)MTI2000007617Passivation Station

Page 16 of 45

1311 The rate sheet enclosed with the tender will indicate the rates to be entered under

each head wherever applicable Bidder must clearly mention the applicable taxes

amp duties The item-wise rates (ie Basic + PampF + FampI) quoted in the rate sheet

should exclude taxes amp duties Bidder should indicate GST rates as applicable

separately under each of the head in the same rate sheet which will be paid extra

based on tax invoice to the extent applicable The GST will be applicable on total

basic rate of each item (ie Basic +PampF +FampI)

1312 If the vendor changes his registration status from composition dealer to normal

registered dealer under GST Law the vendor has to inform MDL immediately

Further his contract price under GST needs to be negotiated since as a normal

dealer he will have benefit of ITC which he should pass on to MDL

1313 Bid Evaluation Clause - I) As per GST Law ITC is not available

a) For goods and services which are not in furtherance of business

b) In some cases for eg rent a car life insurance work contract services for

immovable property as mentioned under section 17 of GST Act 2017 In such cases

evaluation of bid is inclusive of GST quote by bidder

II) In all other cases ie goods and services not covered under sr no I above

evaluation of bid is exclusive of GST quoted by bidder

III) Further in the case of composition dealer since composition dealer is not

allowed to charge GST in such case evaluation of bid will be on the price quoted by

bidder

1314 For Overseas Bidder All taxes applicable outside India shall be borne by overseas

bidder

a In case of foreign bidders all taxes duties statutory levies and charges which

are to be paid for the delivery of goods amp services shall be paid by the parties

under the present contract in their respective countries MDL shall bear and pay

all taxes duties and statutory levies in India in connection with the execution

andor performance of this contract wrt deliverables delivered and service

rendered as per contract excluding income tax applicable on service charges

b Foreign bidder shall submit tax residency certificate (TRC) in Part ndashI offer In

case of remittances to foreign companies for services as per income tax act and

DTAA provisions TDS shall be carried out from the amount payable towards

services As per the extant applicability and existing rates following cases

pertaining to TDS are presented for clarity

i Case 1 (TRC is made available by foreign bidders) Tax deduction at

source (TDS) 15 of total service payment is applicable If this is

not agreed to by the bidder in the bid or during TNCCNC then this

shall be appropriately loaded as per applicable rates on the price for the

purpose of ranking However bidders to note that TDS rates DTAA

rates differ from country to country It varies from10 to 25

ii Case 2 (TRC is not made available by foreign bidders) Tax deduction

at source (TDS) at the rates as mentioned in the table below is

applicable If this is not agreed to by the bidder in the bid or during

TNCCNC then this shall be appropriately loaded as per applicable

rates on the price for the purpose of ranking These rates shall be as

under

GM(M)MTI2000007617Passivation Station

Page 17 of 45

Service Payment slabs (converted in

INR)

Rate of TDS applicable on total

service payment

Up to value of INR 1 Cr 2575

Above 1 Cr Up to 10 Cr 2626

Above INR 10Cr 270375

14 Loading Criteria Deviations sought by the bidder in respect of Custom Duty exemption

Freight Insurance Payment terms shall be loaded on the bidders quoted prices during price

evaluation by MDL Among the equal bids bidders with ISO 9000 series accreditation over

Non-ISO bidders firstly Manufacturers then their authorized dealers will be given preference

The loading criteria that will be adopted are detailed below amp also as per Enclosure-5

141 It is desirable that the bidder accepts the Payment Terms indicated in clause 9

above Varied payment terms quoted by bidders as compared to the terms stated

in the Tender document shall be normalized by applying SBI Prime Lending

Rate (prevailing at the time of opening of Price bid) plus 2 pa rate of interest

for the period at variation (For Indigenous bidder) amp for overseas bidder the bids

will be normalized at LIBOREURIBOR rate plus 2 for ranking of the bids

142 In case of Foreign supplier the basic cost (CIF) shall be the basis for comparison

of quoted price Custom Duty Custom clearance Port handling transport

charges to the yard will be added to CIF cost to arrive at door delivery cost

143 Delivery of the goods at MDL premises should be the responsibility of the

vendor However for unavoidable reasons if bids are exclusive of transport

andor insurance the same will be loaded at the cost to be incurred by MDL

144 For the additional delivery period sought by the bidder over the stipulated date of

delivery as per Tender 050 per completed week will be loaded to the quoted

price

145 Deviations sought in respect of Liquidated Damages (LD) Deviations sought in

respect of rate per week and or maximum ceiling in respect of liquidated

damages shall be loaded to the quoted price For eg The maximum ceiling

towards liquidated damages stipulated in the tender is 5 and the bidder seeks to

limit it to say 35 then the price quoted will be loaded by 15 If the rate of

LD per week is 05 per week or part thereof as per tender and the bidder seeks

it as say 04 per week or part thereof the maximum ceiling on L D as per

tender will first be equated to weeks (10 weeks in this case) and the rate proposed

by the bidder ie 04 will be multiplied by the so equated maximum Period

(which works out to 4) and the quoted price will be loaded accordingly by 1

Delivery being the essence of the contract it is desirable if the bidders adhere to

the stipulated clause

146 Deviations in respect of the period of Warranty shall be loaded to the quoted price

025 per month or part thereof This does not arise if the bidder quotes

additional price for the differential period

147 The ranking of price bids shall be done overall L1 basis excluding GST (ie total

of basic price exclusive of GST quoted by bidder) In these cases the variation in

statutory levies etc are not allowed unless the breakup in respect of taxes duties

GM(M)MTI2000007617Passivation Station

Page 18 of 45

are clearly and separately furnished in bid

148 For opening LC all charges outside India shall be borne by the Beneficiary

(supplier) Additional loading of prices (A) Towards charges incurred in LC opening

by MDL and (B) Interest for period of 20 days base rate of SBI+2 on payment

amount is to be considered while evaluating foreign bidders for ranking purpose

15 Ranking of Bids amp Determination of L-1 Bidders Ranking of price bids shall be done on overall L1 basis with exclusive of GST

If any variations in statutory levies the break up in respect of any charges is clearly

and separately furnished in the bid and the MDL is satisfied that the rates of taxes

indicated therein are in line with the tax law so that escalation due to variation in the

taxes can be justifiably considered to the extent legitimately allowable on the base

amount(s) indicated in the bid Therefore bidder is requested to show the break up

regarding taxes as applicable in the bid

Note 1 In case of overseas supplier the ldquoCIF cost+ Inspectiontesting charges+ Installation

Commissioning charges+ custom duty+ IGST (if ITC is not available) + Custom

Clearance +port handling +transportation charges to the yard if any + LC opening

charges + interest for period of 20 days base rate of SBI +2 on payment amount

ldquoshall be the basis for comparison of quoted price Custom duty IGST Custom clearance Port handling transport charges to the yard will be added to CIF cost to

arrive at door delivery cost

2 If Service Component exists in an offer from a foreign vendor then Tax Residency

certificate (TRC) should be submitted with Part I offer If no TRC is submitted then

the enhanced Income Tax rate and Service Tax thereon will be considered while

determining L-1

3 Techno-Commercially Qualified overall lowest bidder exclusive of GST will be

considered for the placement of order 4 On-line Ranking visible to the bidders after opening part II price bid is without

loading parameters However the L1 bidder will be evaluated offline after

consideration of all applicable loading parameters as mentioned in the tender

document and commercial terms

5 In case of any discrepancy in the Blank Rate Schedule Format and actual Online

Price Bid after opening of the Price Bids the details (GST) mentioned in the On-line

Price bids shall prevail over the details in blank rate schedule format

6 ldquoBasic costrdquo is defined as ldquoDoor delivery cost (excluding GST)rdquo which includes

packing amp forwarding Delivery insurance registration charges and any cost involved

as per scope of work towards material and services basic cost of Installation

commissioning and inspection amp testing

7 ITC can be availed by MDL for the items as notified under GST ACT 2017 ITC

can be availed by MDL for registered bidder and for unregistered bidder under

reverse charge mechanism Since no ITC can be availed in case of bidders registered

under composition scheme their quoted cost will be considered for ranking

comparison purpose

16 Consignee The Successful bidders shall arrange dispatch of goods by appropriate Rail Road

Sea Air transport mode as per the order to lsquoEAST YARD STORESrsquo and further to user dept

on working days (Monday to Friday) between 800 hrs to 1500 hrs (Lunch Time 1130 to 1200

hrs) In case trucktempo reaches our yard beyond above time the same may be retained over

night at your risk amp cost

An advance copy of invoices along with other relevant documents shall be forwarded to the

purchaser sufficiently in advance to enable clearance of cargo within allowed demurrage free

days to avoid demurrage In case of door delivery orders the supplier shall categorically direct

the transporter to deliver the ordered items without insisting for consignee copy of the Lorry

Receipt

GM(M)MTI2000007617Passivation Station

Page 19 of 45

17 Modifications to the Bids Bidder desirous of submitting modified bid prior to the closing

date and time may do so online not later than deadline of submission of bids Please note that

modified bid shall be submitted through e-procurement system only Bidder can change the

submitted bid any number of times till the closing time and the last changed bid will be

considered for ranking of the bids

18 PURCHASE PREFERENCE TO MAKE IN INDIA As per Public Procurement Order Ref No P-4502122017-B E-II Dtd 15062017 issued by Govt

of India to encourage ldquoMake in Indiardquo policy Purchase Preference shall be given to local suppliers

in the following manner

(a) The terminology definitions used in the said order is as below

(i) ldquoLocal contentrdquo means the amount of value added in India be the total value of items procured

excluding net domestic indirect taxes) minus the value of imported content in the item (including

all customs duties) as a proportion of the total value in percent

(ii) ldquoLocal Supplierrdquo means a supplier or service provider whose product or service offered for procurement meets the minimum local content as prescribed under the said Order or by the

competent Ministries Department in pursuance of said order A Local Supplier can be an Indian

or Foreign bidder

(iii) ldquoMargin of Purchase Preferencerdquo means the maximum extent to which the price quoted by

local supplier may be above the L1 for the purpose of purchase preference The margin of

purchase preference for the present tender is 20

(b) Minimum local content

(i) The minimum local content in the offer is to be not less than 50 for the present tender for a

bidder to be considered as a Local Supplier

(ii) The local content can be increased through partnerships cooperation with local companies

establishing production units in India or Joint Ventures (JV) with Indian suppliers increasing the

participation of local employees in services and training themrsquo

(iii) On opening of the price bids if it is identified that there is difference in price receive amp

declaration made and local content is now not meeting the specified tender requirement (ie only

on the quoted price without any loading) then such case will be processed without any purchase

preference

(c) Declaration by Local Supplier Local Supplier should declare that the item and service

offered meets the minimum local content amp indicate its percentage in their offer which shall meet

(or even offer more) required content as specified in tender This declaration is necessary even if

Custom Duty Exemption and or ERV (if applicable) are not being sought Following documents

are to be submitted in technical offer ndash

Part-I bid

(i) Local Component list ie Items and services which are being procured produced domestically

by supplier in the system equipment service offered against tender This list shall include all the

components raw materials sub services etc

(ii) Foreign Imported Component list ie Items and services which are being supplied by bidder

from outside India in the system equipment service offered against tender This list shall include

all the components raw materials sub services etc

(iii) Bidders shall give the details of the location(s) at which the local value addition is made

Additionally location(s) details from where foreign imported components are being supplied be

also informed

(iv) Bidders shall give the price break-up in percentage for ldquoLocal Componentrdquo and ldquoForeign

Imported Componentrdquo

(v) Custom duty applicable on FE component for all foreign items (vi) The Local Suppliers are required to provide self-certification as per Annexure-11

Note In cases of procurement for value in excess of Rs 10 Crores the local supplier shall be required to

provide a certificate from statutory auditor or cost auditor of the company (in case of companies)

or from a practicing cost accountant or practicing charted accountant (in respect of supplier other

GM(M)MTI2000007617Passivation Station

Page 20 of 45

than companies) giving the percentage of local content amp applicable item wise custom duty

Once the declaration certification is committed at tender submission stage the same cannot be

altered at technical negotiation stage or after award of contract otherwise would be treated

considered as false declaration by bidder

In the event of bidders not declaring or declaring less local content percentage in the offer MDL

will consider quote bid of such bidders with local content as ldquo0rdquo or ldquoNILrdquo ie the offers of such

bidders will be treated as a ldquoNon Local Supplierrdquo where no purchase preference shall be granted to these bidders

(d) If the Local Supplier is also a MSE Vendor seeking the benefit of Public Procurement Policy

for MSEs Order 2012 then such bidders should not seek benefits against the Preference to Make

in India policy ndash Order 2017 Such bidders should categorically seek benefits of only one policy

which cannot be modified subsequently once declared in the Annexure-A referred above while

submitting the bid

(e) Custom duty issue Imported FE content is inclusive of all custom duties which is required

for arriving local content Bidders to note the following about declaration of FE Content

(i) All bidders should upfront declare line item wise custom duty duly certified Such declared

custom duty percentage will only be considered for arriving local content

(ii) In the event if the rate of custom duty is found higher than the declared custom duty by bidder

then the bidderrsquos declaration shall be final for arriving L1 bid Also in such case the difference in

custom duty would be to bidders account In case of foreign bidders the same would be to bidders

account and shall not be borne or reimbursed by Shipyard

(iii) In the event of rate of custom duty happens to be lower at the time of clearance of goods then

actual custom duty shall be payable

(iv) Notwithstanding above local content shall be calculated based on the declared custom duty by

the bidder in techno-commercial bid

(f) Preference to Local Supplier The following procedure will be adopted for deciding on

preference to Local Supplier over a non-local supplier wrt Public Procurement (Preference to

Make in India) order 2017

(i) Among all qualified bids the lowest bid will be termed as L1 If L1 is from a local supplier the

contract will be awarded to L1

(ii) If L1 is not from a local supplier the lowest bidder among the local suppliers will be invited

to match the L1 price subject to local supplierrsquos quoted price falling within the margin of purchase

preference and contract shall be awarded to such local supplier subject to matching the L1 price

(iii) In case such lowest eligible local supplier fails to match the L1 price the local supplier with

the next higher bid within the margin of purchase preference shall be invited to match the L1 price

and so on and contract shall be awarded accordingly In case none of the local suppliers within the

margin of purchase preference matches the L1 price then the contract may be awarded to the L1

bidder

(g) Preference between LS and MSE Bidder This clause is applicable only if line items are

separable and MSE preference clause is also applicable Between the MSE and Local

Supplier the MSE bidder will be given preference to match with L1 bidder as per Public Procurement Policy for MSEs Order 2012 MSE vendor will be evaluated with L1+15 MSE

doesnrsquot fall under Public Procurement (Preference to Make in India) Order 2017 Local Supplier

will be evaluated with L1+20 (Margin of Purchase Preference ordinary) as per Public

Procurement (Preference to Make in India) Order 2017

(h) After the contract is awarded and the supplies are completed each supplier shall provide the supporting documentation towards realization of committed Local Content as per the contract

order terms amp conditions

In addition to these documents a ldquoLocal content certificaterdquo also shall be submitted stating the

percentage of local content in the items or services measured The ldquoLocal content certificaterdquo shall

be submitted along with the invoice

Note In cases of procurement for value in excess of Rs 10 Crores the local supplier shall be

required to provide a certificate from statutory auditor or cost auditor of the company (in case of

GM(M)MTI2000007617Passivation Station

Page 21 of 45

companies) or from a practicing cost accountant or practicing charted accountant (in respect of

supplier other than companies) giving the percentage of local content

(i) False declaration will be in breach of Code of Integrity under Rule 175(1)(i)(h) of GFR 2017

for which a bidder or its successor can be debarred for up to 2 years as per Rule 151(iii) of GFR

2017 along with such other actions as may be permissible under law

(j) Complaints Grievance Any complaints grievances relating to implementation of this order

shall be taken up by Public Grievance Cell of MDL headed by GM(F-PampS) Fees for filing a complaint under the order shall be Rs 10000- per case The complaints shall be filed to the

Chairman Public Grievance Cell The fee shall be deposited in MDLrsquos Account by NEFT

19 Public Grievance Cell A Public Grievance Cell headed by ED (East Yard) has been set up in

the Company Members of public having complaints or grievances are advised to contact him

on Wednesday between 1000 hours and 1230 hours in his EY-office MAZAGON DOCK

SHIPBUILDERS LIMITED Dockyard Road Mumbai - 400010 (022 ndash 23763506 23738368)

or send their complaints grievances to him in writing for redressal

20 Supply on MDL Holidays Request for permission for delivery on Saturday Sunday

holidays if required should be submitted 3 working days prior to the date of holiday to

Personnel department and Security through concerned Dept

21 Liquidated Damages Time is an essence of the contract therefore the job as ordered should be

completed on the dates mutually agreed upon in accordance with the delivery schedule In cases

of delay not attributable to Purchaser beyond the agreed schedule the Successful bidder shall pay

liquidated damages a sum representing 05 (Half per cent) per week or part thereof subject to

maximum of 5 of the final Order Contract value Vendor Contractor (Seller) will also be liable

to pay Liquidated Damages for late delivery of Manuals Drawings and Documentation as agreed

to by Purchaser and Vendor Contractor (Seller) and as stated in the Purchase Order The amount

of such damages will be clearly defined in the Purchase Order and may extend up to 5 of the

Order Value excluding taxes Applicability of LD will be considered as below -

1) Delay in manufacturing and supplydelivery of machinematerialitemsequipments at

MDL after dispatch clearance beyond specified schedule will attract LD 05 per week

or part thereof subject to maximum of 5

2) Delay in Installation trial Commissioning amp Training at MDL as per Work

completion date as certified by MDL user dept beyond specified schedule will attract

LD 05 per week or part thereof subject to maximum of 5 as per order

22 Hindrance Register All hindrances with date of occurrences and removal shall be noted in the

Hindrance Register The Hindrance Register shall be signed by the representatives of both MDL

as well as Contractor

23 Security Deposit (SD) The successful bidders shall have to submit Security Deposit for an

amount of 5 of the Order value excluding GST etc electronically through NEFT RTGS or

in the form of Bank Guarantee drawn in favor of MAZAGON DOCK SHIPBUILDERS

LIMITED Mumbai from the list of Banks approved by SBI Canara Bank published on MDL

Website within 25 days from the date of Order amp must be valid up to contract period plus one

month No interest will be paid on Security Deposit Please note that MDL does not extend any

concession such as exemption in payment of Security Deposit etc to any organization

irrespective of their status like registration with MDL NSIC SSI and MSME etc In case of

failure to submit Security Deposit within 25 days from the date of order placement EMD

submitted will be encashed and risk purchase clause would be invoked The Security Deposit

will be returned only after successful execution of the order and shall be interest free In the

event of failure to execute the order satisfactorily the Security Deposit will be encashed by

MDL If order is fully executed within 25 days from the date of purchase order submission of

security deposit is not applicable For delayed period of submission of SD beyond 25 days

from date of order bidder has to pay applicable interest In case the bidder is Indian Public

Sector Unit they shall submit the indemnity bond instead of Security Deposit Bidders may

advise their bankbanker to send BG directly to commercial department or through SWIFT to

dispense with additional step of verification of authenticity of signatories In case of BG

GM(M)MTI2000007617Passivation Station

Page 22 of 45

transmitted through SWIFT it shall be the responsibility of the bidder that he directs the

receiving banker to forward the message For delayed period of submission of SD beyond 25

days from date of order interest will be recovered as mentioned below

For Indian suppliers it will be SBAR plus 2 and EUROBORLIBOR plus 2 for Foreign

bidder Security Deposit will be returned only after successful execution of the order and shall

be interest free In the event of failure to execute the order satisfactorily the Security Deposit

will be encashed by MDL PSUs can submit Indemnity bond in lieu of Security deposit Bidders can submit SD amount

by using payment gateways through MDL website

24 Delivery ScheduleWork Completion Schedule and delivery term (For foreign bidders) The

entire scope of work ie Design manufacture Supply Installation Commissioning STW amp

Training to be completed within 6 months from the date of receipt of PO

1) Supplydelivery of machineItemsEquipmentsspares at MDL = within 20 weeks (CIF delivery) and

2) Time for transportation amp custom clearance time = 2 weeks

3) Installation Trials Training and Commissioning = Within 2 weeks

Delivery Term (1) Supply For Indigenous bidder Door DeliveryFOR MDL GRS Stores

For Overseas Bidder CIF Port of destination (Mumbai)

(2) Installation Commissioning STW Training -

For Overseas Bidders At MDL site

Training to be imparted to Non-executives-04 Nos for 7 days (1 week)

Delivery ScheduleWork Completion Schedule and delivery term (For Indigenous bidders) The entire scope of work ie Design manufacture Supply Installation Commissioning STW amp

Training to be completed within 6 months from the date of receipt of PO

1) Supplydelivery of machineItemsEquipmentsspares at MDL = within 22 weeks (CIF

delivery) and

2) Installation Trials Training and Commissioning = Within 2 weeks

Delivery Term (1) Supply For Indigenous bidder Door DeliveryFOR MDL GRS Stores

For Overseas Bidder CIF Port of destination (Mumbai)

(2) Installation Commissioning STW Training - For Indigenous Bidders At MDL site

Training to be imparted to Non-executives-04 Nos for 7 days (1 week)

25 Assistance for Installation Testing Commissioning Maintenance amp other Technical

activities 1 Services of engineersManpower in connection with assistance of delivery

loadingunloading installation setting-in-work testing tuning commissioning

training to be considered in the scope of supply

2 All machinery equipments Oxygenother fuel gas for cutting fork lift welding Tools

amp Tackles accessories spares Chemicals consumables Special tools Fixtures and

tackles Workshop and fabrication shop Calibration facility Local transportation and

Internal Transportation storage amp preservation materials Ist fill of Oil lubricants

grease amp other resources etc required for Installation commissioning work to be

arranged by contractor Crane facility for unloading the equipment at the site Space water compressed air and electric Power will be provided by MDL

During Guarantee Warranty period the entire maintenance repair job shall be carried out by

experienced service engineers amp technicians The supply of all necessary tools tackles and

instruments required for the preventive and breakdown maintenance of the equipment covered

by this contract shall be in contractorrsquos scope No sub-contracting will be allowed

26 Spares Post sale product support 1 The Bidder shall assure a continuous supply of spare parts for at least 10 years from

GM(M)MTI2000007617Passivation Station

Page 23 of 45

the date of commissioning of the machine at MDL

2 List of Service centers amp Setup details to be provided

3 Standard accessories required for making itemequipmentmachine operational amp

ready to use should be included in the scope of supply

4 All defective parts spares can either be repaired or replaced by new parts Spares

replaced will be either of same make or equivalent as suggested by the OEM after

consultation with MDL However the total responsibility of the quality of spares supplied or parts repaired shall be with the Contractor

3 If any defective partitemequipment required to be taken out to the service center by

the firm for the further repairing the firm shall be asked to submit the necessary

indemnity bondBG as required Taking out defective partitemequipment from MDL

and bringing back repaired part item equipment to MDL is in the firmrsquos scope of

work The firm has to bear all the transportation charges amp transit insurance

27 Inspection - (a) Receipt Inspection by MDL- MDL inspection cell amp User dept shall carry out necessary

inspection of the items on receipt in the MDL Yard on the basis of an appropriate MDL

Inspection system requirement along with the representative of user dept amp the Inspection

documents submitted by suppliers Any objection raised by MDL inspection team against

quality of material or workmanship shall be satisfactorily corrected by the supplier at his

expenses including replacement as may be required within shortest possible time within 30

days Items damaged during transit shall also be rectified or replaced by the supplier within

shortest possible time

(b) Rejection of the material Any portion of the equipment found defectiverejected the

supplier shall collect the same at his cost from the MDL Yard all incidental charges being

born by supplier (inclusive of custom duty if payable) within 30 days from the date of

intimation to the supplier of such rejection The MDL reserves the rights to dispose off the

rejected item at the end of a total period of 90 days in any manner to the best advantage to the

MDLamp recover storage charges amp any consequential damages from sale proceeds of such

disposal

(c) Final work completion certificate in respect of completion of entire scope of work will be

certified by MDL user dept

28 Purchase Preference for MSE - NA

29 Risk Purchase amp Cancellation of Order (a) If the equipment article service or any portion thereof be not delivered performed by

the scheduled delivery date period any stoppage or discontinuation of ordered supply

awarded contract without written consent by Purchaser or not meeting the required quality

standards the Purchaser shall be at liberty without prejudice to the right of the Purchaser

to recover Liquidated Damages penalty as provided for in these conditions or to any

other remedy for breach of contract to terminate the contract either wholly or to the extent

of such default Amounts advanced or part thereof corresponding to the undelivered

supply shall be recoverable from the Contractor Bidder at the prevailing bank rate of interest

(b) The Purchaser shall also be at liberty to purchase manufacture or supply from stock as it

deems fit other articles of the same or similar description to make good such default and

or in the event of the contract being terminated the balance of the articles of the

remaining to be delivered there under Any excess over the purchase price cost of

manufacture or value of any articles supplied from the stock as the case may be over the

contract price shall be recoverable from the Bidder Vendor Contractor

(c) The Purchaser reserves the right to cancel an order forthwith without any financial

implications on either side if on completion of 50 of the scheduled deliveryCompletion

period the progress of manufactureSupply is not to the satisfaction of Purchaser and

failure on the part of the BidderVendorContractor to comply with the delivery schedule

is inevitable In such an event the BidderVendorContractor shall repay all the advances

GM(M)MTI2000007617Passivation Station

Page 24 of 45

together with interest at prevailing bank rates from the date of receipt of such advances till

date of repayment The title of any property delivered to Purchaser will be reverted to the

BidderVendorContractor at his cost

(d) In case of breach non-compliance of any of the agreed terms amp conditions of order

contract MDL reserves the right to recover consequential damages from the vendor

contractor on account of such premature termination of contract

(e) In case of delay beyond agreed period for liquidated damages or 10weeks from

contractual delivery period whichever is earlier MDL reserves the right to cancel the

order and procure the order items services from any available source at MDLrsquos option amp

discretion and entirely at your risk and cost Extra expenditure incurred by MDL in doing

will be recoverable from Bidder Supplier Contractor

30 Freak Low Quotes In case after opening of price bid of technically cleared firms it is noted that L-1 firm has quoted very low rates and indicates to withdraw from the tender then EMD shall be

forfeited and firm may be given tender holiday including intimation to other PSUs If the rates

quoted are less than MDL estimates by 40 or so and if the difference in rate between L1 and L2

is 30 or more than the firm will have to give additional BG of 20 of the PO value excluding

GST as additional security Bank charges for this additional BG shall be borne by MDL and

reimbursed against proof of payment

31 Indemnity - The Bidder Vendor Contractor his employees licencees agents or Sub-Vendor

Sub-contractor while on site of the Purchaser for the purpose of this contract indemnifies the

Purchaser against direct damage and or injury to the property and or the person of the Purchaser or

that of Purchasers employees agents Sub- Contractors Suppliers occurring and to the extent

caused by the negligence of the Bidder Vendor Contractor his employees licencees agents or

Sub-contractor by making good such damages to the property or compensating personal injury

and the total liability for such damages or injury shall be as mutually discussed and agreed to

You shall hold harmless and keep MDL indemnified against all claims arising as a result of

infringement of any patent rights on account of manufacture sale or use of article covered by

the order

32 MDL reserves the right to consider placement of Order Contract in part or in full against the

tendered quantity or item MDL reserves the right to place order on FOB or CIF basis

33 MDL shall not be bound by any printed conditions or provisions in the sellers bid forms or

acknowledgement of contract invoices packing list and any other documents which purport to

impose any conditions at variance with the tender terms final negotiated amp accepted terms

34 Bidders can participate in online bidding

a) By registering with above referred portal for User ID and password

b) By obtaining class III DSC (Digital Signature Certificate) for secured bidding

35 In case of improper on-line filling of Acceptance Formats for Tender Enquiry Form General

Terms amp Conditions (GTampC) and Standard Terms amp Conditions (STACS) it shall be

presumed that all our tender terms amp conditions are acceptable to you

36 In case of any clarifications bidders are requested to contact the undersigned before the closing

date of the tender Bidders can also contact toll-free customer help line of e-procurement portal

httpseprocuremdlnicin ASP on email id eproc-supportgovin Ph no 0120-4200462 0120-

4001002

Bidders intending to witness the Tender opening shall log on to httpseprocuremdlnicin

using digital signatures for witnessing the opening

GM(M)MTI2000007617Passivation Station

Page 25 of 45

37 We look forward to your participation in on-line bidding by offering your most competitive

and reasonable bid against this tender

Yours faithfully

For MAZAGON DOCK LIMITED

M Tanweer Iqbal

CM(C-MP)

Enclosure - 1 Instructions to the Bidders

Enclosure - 2 Illustrative format amp guideline for quoting prices in online Price Bid

Enclosure - 3 Standard Terms amp Conditions (STACS)

Enclosure - 4 General Terms amp Conditions (GTampC)

Enclosure - 5 Loading Factors

Enclosure - 6 Format of Letter of Credit

Enclosure 7 Bank Guarantee Format for EMD

Enclosure 8 Bank Guarantee Format for SD

Enclosure 9 Bank Guarantee Format for PBG

Enclosure - 10 MDL bank details for NEFTRTGS EMDSD transfer

Enclosure 11 Shipping Instruction for Sea amp Air Consignments

Note These Enclosuredocuments to be down loaded from our Website under below linkpath-

wwwmazagondockgovin gt Tenders gt Shipbuilding gt ldquoEnclosures Related to Tender Documents from Material

Purchase Deptrdquo

GM(M)MTI2000007617Passivation Station

Page 26 of 45

Enclosure ndash 1

Instructions to the Bidders for uploading the Techno-Commercial Bid and the Price Bid through E-

Procurement Portal

bullbullbullbull Official service provider for the website is NIC

E-mail eproc-supportgovin Office Ph No 0120-4200462 0120-4001002 Ph No +91-8826246593

bullbullbullbull Pre-requisites for up-loading the Techno-Commercial Bid

(i) Compatible computer hardware software set-up to access e-procure website

(ii) ldquoDigital Signature Certificaterdquo class III B (DSC) is a must for downloading the tender and uploading

the techno commercial offer from our website httpseprocuremdlnicin

(iii) ldquoDigital Signature Certificaterdquo class III B (DSC) can be obtained from our service provider

bullbullbullbull To ensure availability of above prerequisite is bidders responsibility

(i) It is mandatory to upload the complete techno-commercial offer and the price bid on e-

procurement

(ii) No part of the bid other than original EMD (if applicable) shall be accepted physically hard copy

outside e-procurement

(iii) Price bids shall strictly be uploaded in appropriate allotted place in the tender available in e-

procurement so that it remains secured encrypted unreadable in the system

(iv) In no circumstances the price bids shall be forwarded or uploaded in any other form

(v) Entire responsibility of the uploading of the complete techno-commercial bid along with the price

bid shall be that of the bidder

(vi) No request complaint shall be entertained after the due datetime of the tender

(vii) Non availability of any of the prerequisites or last minute calls seeking clarifications projecting

problems shall not entitle a bidder to seek request for extension of due date

(viii) Any problem with regard to uploading of the tender shall be intimated to NIC at least 24 hours in

advance to the tender closing time amp date However it will not be considered as reason for extension

of due date of the tender

(ix) Request for extension if at all to be made shall be forwarded at least 3 working days in advance to

the tender closing date time with proper reasoning The request shall be put up to the competent

authority for consideration on the merit of the case MDL reserves all rights in this regard amp decision

of MDL shall be binding to the applicant

It is important to note that the bidders can upload their bids right from the time the tender is available

at website It is advisable that the bidder uploads the bid well in time rather than wait till last minute

to avoid situations wherein he is unable to successfully upload the bid for various reasons which

cannot be addressed then due to lack of time

bullbullbullbull Special instructions to Bidders for online bidding

GM(M)MTI2000007617Passivation Station

Page 27 of 45

(i) Bidders should login well in advance to enable them to complete their bid submission before the

closing time of the tender

(ii) Bidders should submit their bid well in advance to avoid last minute frantic calls

(iii) Bidders should follow all the instructions enlisted on the front page of e-procure web page

(iv) Bidders should ensure Hardware amp Software compatibility as well as Digital Signature available on

front page of e-procure web site Request for extension of due date shall not be entertained due to

non-availability of these tools

bullbullbullbull Bidders to participate in on-line bidding

(i) By registering with above referred portal for User ID and password

(ii) By obtaining class III DSC (Digital Signature Certificate) for secured bidding

NOTE In case any vendor intending to respond against the tender and is not having the DSC to facilitate

uploading of his bid should approach the Service Provider at least 10 working days in advance of the tender

closing date requesting DSC The request so made to the Service Provider should simultaneously be

forwarded to MDL Dealing Officer In case the DSC is not received within 3 to 4 working days the GM (M)

be informed and the DSC if not received from the Service Provider three working days in advance for

suitable extension to tender closing date then only the tender due date shall be considered

GM(M)MTI2000007617Passivation Station

Page 28 of 45

Annexure-2

Illustrative format amp guideline for quoting prices in online Price Bid

Below format of price bid will appear online Indigenous bidders to follow instructions given in each respective

cell while quoting their cost in online price bid -

Item Sr no 1

Material Description As per clause No 1

Quantity As per clause No 1

Set Set

Currency INR USD EURO

For Indian Bidder Basic Unit Rate in INR only

For Foreign Bidder CIF Rate to be entered by the foreign

currency

To be quoted

of CGST+SGST or IGST on Basic rate To be quoted

Installation Commissioning Charges per Unit To be quoted

of CGST+SGST or IGST on Installation Commissioning

Charges To be quoted

Inspection Testing Charges per Unit To be quoted

of CGST+SGST or IGST on Inspection Testing Charges To be quoted

GM(M)MTI2000007617Passivation Station

Page 29 of 45

Enclosure-3

STANDARD TERMS AND CONDITIONS (STACS) 101 The word Purchaser refers to MAZAGON DOCK SHIPBUILDERS LIMITED (MDL) a Company

registered under the Indian Companies Act 1913 and it includes its successors or assignees

102 The word BidderVendorContractor means the person firm Company who undertakes to

manufacture and or supply and or undertake work of any nature assigned by the Purchaser from time to time

and includes its successors or assignees

103 The word Owner means the person or authority with whom MAZAGON DOCK SHIPBUILDERS

LIMITED (Purchaser) has contracted to carry out work in relation to which orders are placed by the

Purchaser on the BidderVendorContractor under this contract for supply or manufacture of certain items

and would include Department of Defence Production Ministry of Defence Government of India the Indian

Navy the Coast Guard and any other specified authority

120 GENERAL 121 Unless otherwise indicated specifically by the bidder contractor in his bid it shall be construed as his

acceptance of all the conditions mentioned in this STACS

200 COMMUNICATION amp LANGUAGE FOR DOCUMENTATION 201 Any letter facsimile message e-mail intimation or notice sent to the BidderVendorContractor at the

last known address mentioned in the offer order shall be deemed to be valid communication for the purpose

of the ordercontract Unless stated otherwise by the purchaser Language for communication amp all

documentation shall be same which the Purchaser has used in the tender enquiry

210 PURCHASERrsquoS PROPERTY 211 All property (such as materials drawings documents etc) issued by the Purchaser or any other

individual or firm on behalf of the Purchaser in connection with the contract shall remain confidential being

the property of the Purchaser and the BidderVendorContractor shall undertake to return all such property so

issued and will be responsible for any or all loss thereof and damage thereto resulting from whatever causes

and shall reimburse the Purchaser the full amount of loss and damage

212 On completion of work in any compartment location of the purchaserrsquos premises the

BidderSupplierContractor must ensure that the place is left in a reasonably clean state and all scrap is

transferred to nearby scrap-bins

220 RISK PURCHASE 221 If the equipment article service or any portion thereof be not delivered performed by the scheduled

delivery date period any stoppage or discontinuation of ordered supply awarded contract without written

consent by Purchaser or not meeting the required quality standards the Purchaser shall be at liberty without

prejudice to the right of the Purchaser to recover Liquidated Damages penalty as provided for in these

conditions or to any other remedy for breach of contract to terminate the contract either wholly or to the

extent of such default Amounts advanced or part thereof corresponding to the undelivered supply shall be

recoverable from the Contractor Bidder at the prevailing bank rate of interest

222 The Purchaser shall also be at liberty to purchase manufacture or supply from stock as it deems fit

other articles of the same or similar description to make good such default and or in the event of the contract

being terminated the balance of the articles of the remaining to be delivered there under Any excess over the

purchase price cost of manufacture or value of any articles supplied from the stock as the case may be over

the contract price shall be recoverable from the Bidder Vendor Contractor

230 RECOVERY ADJUSTMENT PROVISIONS 231 Payment made under one order shall not be assigned or adjusted to any other order except to the extent

agreed upon in writing by the Purchaser During the currency of the contract if any sum of money is payable

by the Bidder Vendor Contractor the same shall be deducted from any sum then due or thereafter may

become due to the Bidder Vendor Contractor under the contract or any other contract with the Purchaser

240 ADDITIONAL BANK GUARANTEE In case after opening of price bid of technically cleared firms it is noted that L-1 firm has quoted very low

rates and indicates to withdraw from the tender then EMD shall be forfeited and firm may be given tender

holiday including intimation to other PSUs If the rates quoted are less than MDL estimates by 40 or so and

if the difference in rate between L1 and L2 is 30 or more then the firm will have to give additional BG of

20 of the PO value as additional security Bank charges for this additional BG shall be borne by MDL and

reimbursed against proof of payment

250 INDEMNIFICATION 251 The Bidder Vendor Contractor his employees licencees agents or Sub-Vendor Sub-contractor

while on site of the Purchaser for the purpose of this contract indemnifies the Purchaser against direct

GM(M)MTI2000007617Passivation Station

Page 30 of 45

damage and or injury to the property and or the person of the Purchaser or that of Purchasers employees

agents Sub- Contractors Suppliers occurring and to the extent caused by the negligence of the Bidder

Vendor Contractor his employees licencees agents or Sub-contractor by making good such damages to the

property or compensating personal injury and the total liability for such damages or injury shall be as

mutually discussed and agreed to

260 TRANSFER OF VENDORS CONTRACTORrsquoS RIGHTS 261 The Bidder Vendor Contractor shall not either wholly or partly sell transfer assign or otherwise

dispose of the rights liabilities and obligations under the contract between him and the Purchaser without

prior consent of the Purchaser in writing

270 SUBCONTRACT amp RIGHT OF PURCHASER 271 The Bidder Vendor Contractor under no circumstances undertake or subcontract any work contract

from or to any other Sub-contractor without prior written approval of the Competent Authority of Purchaser

In the event it is found that such practice has been indulged in the contract is liable to be terminated without

notice and the Bidder Vendor Contractor is debarred all from future tender enquiries work orders

However in no circumstances a contractor is permitted to subcontract any part of the contract to the bidders

who had quoted for the concerned tender

280 PATENT RIGHTS 281 The Bidder Vendor Contractor shall hold harmless and keep the Purchaser indemnified against all

claims arising as a result of infringement of any patent copy rights on account of manufacture sale or use of

articles covered by the order

290 AGENTS AGENCY COMMISSION

291 The seller confirms and declares to the buyer that the seller is the original manufacturer or authorized

distributorstockiest of original manufacturer of the stores referred to in this contract and has not engaged any

individual or firm whether Indian or foreign whatsoever to intercede facilitate or in any way to

recommended to the Buyer or any of its functionaries whether officially or unofficially to the award of the

Contract Purchase order to the Seller nor has any amount been paid promised or intended to be paid to any

such individual or firm in respect of any such intercession facilitation or recommendation The Seller agrees

that if it is established at any time to the satisfaction of the Buyer that the present declaration is in any way

incorrect or if at a later stage it is discovered by the Buyer that the Seller has engaged any such

individualfirm and paid or intended to pay any amount gift reward fees commission or consideration to

such person party firm or institution whether before or after the signing of this Contract Purchase order

the Seller

will be liable to refund that amount to the Buyer

Tender no GM (M)GRA2000007246 Page 16 of 26

The seller will also be debarred from participation in any RFQTender for new projectsprogram with Buyer

for a minimum period of five years

The buyer will also have a right to consider cancellation of the Contract either wholly or in part without any

entitlement or compensation to the Seller who shall in such event be liable to refund all payments made by

the buyer in terms of the Contract along with interest at the rate of 2 per annum above LIBOR (London

Inter Bank Offer Rate) (for foreign vendors) and base rate of SBI plus 2 (for Indian Vendors)

The Buyer will also have the right to recover any such amount from any contracts concluded earlier with

Buyer

300 USE OF UNDUE INFLUENCE CORRUPT PRACTICES

301 The Bidder Supplier Contractor undertakes that he has not given offered or promised to give directly

or indirectly any gift consideration reward commission fees brokerage or inducement to any person in

service of the Purchaser or otherwise in procuring the contract or forbearing to do or for having done or

forborne to do any act in relation to the obtaining or execution of the Contract with the Purchaser for showing

or forbearing to show favour or disfavour to any person in relation to the Contract or any other Contract with

the Purchaser Any breach of the aforesaid undertaking by the Bidder Supplier Contractor or any one

employed by him or acting on his behalf (whether with or without the knowledge of the Bidder Supplier

Contractor) or the commission of any offence by the Bidder Supplier Contractor or any one employed by

him or acting on his behalf as defined in Chapter IX of the Indian Penal Code 1980 or the Prevention of

Corruption Act 1947 or any other Act enacted or the prevention of corruption shall entitle the Purchaser to

cancel the contract and all or any other contracts with the Bidder Contractor Supplier and recover from the

Bidder Supplier Contractor the amount of any loss arising from such cancellation Decision of the

Purchaser or his nominee to the effect that a breach of the undertaking has been committed shall be final and

binding on the Bidder Supplier Contractor

302 The Bidder Supplier Contractor shall not offer or agree to give any person in the employment of

GM(M)MTI2000007617Passivation Station

Page 31 of 45

Purchaser any gift or consideration of any kind as Inducement or reward for doing or forbearing to do or

for having done or forborne to do any act in relation to the obtaining or execution of the contracts Any

breach of the aforesaid condition by the Bidder Supplier Contractor or any one employed by them or

acting on their behalf (whether with or without the knowledge of the Bidder Supplier Contractor) or the

commission of any offence by the Bidder Supplier Contractor or by any one employed by them or acting

on their behalf which shall be punishable under the Indian Penal Code 1980 andor the Prevention of

Corruption by Public Servants shall entitle Purchaser to cancel the contracts and all or any other contracts

and then to recover from the Bidder Supplier Contractor the amounts of any loss arising from such

contracts cancellation including but not limited to imposition of penal damages forfeiture of Security

Deposit encashment of the Bank Guarantee and refund of the amounts paid by the Purchaser

303 In case it is found to the satisfaction of the Purchaser that the Bidder Supplier Contractor has

engaged an Agent or paid commission or influenced any person to obtain the contract as described in clauses

relating to Agents Agency Commission and use of undue Influence the Bidder Supplier Contractor on a

specific request of the Purchaser shall provide necessary information inspection of the relevant financial

document information

310 IMMUNITY OF GOVERNMENT OF INDIA CLAUSE 311 It is expressly understood and agreed by and between Ms (Bidder Supplier Contractor) and

MAZAGON DOCK SHIPBUILDERS LIMITED Dockyard Road Mumbai - 400 010 (MDL) is entering

into this Agreement solely on its own behalf and not on the behalf of any person or entity In particular it is

expressly understood and agreed that the Government of India is not a party to this Agreement and has no

liabilities obligations or rights hereunder It is expressly understood and agreed that MDL is an independent

legal entity with power and authority to enter into contracts solely in its own behalf under the applicable of

Laws of India and general principles of Contract Law The (Bidder Supplier Contractor) expressly agrees

acknowledges and understands that MDL is not an agent representative or delegate of the Government of

India It is further understood and agreed that the Government of India is not and shall not be liable for any

acts omissions and commissions breaches or other wrongs arising out of the contract Accordingly (Bidder

Supplier Contractor) hereby expressly waives releases and foregoes any and all actions or claims including

cross claims impleader claims or counter claims against the Government of India arising out of this contract

and covenants not to sue Government of India in any manner claim cause of action or thing whatsoever

arising of or under this Agreement

320 EXPORT LICENCE 321 The export licenses that may be required for delivery of the various itemsequipment to MDL shall be

arranged by the Bidder Supplier Contractor from the concerned authorities in their country without any

time amp cost implications on the Purchaser

330 BANNED OR DE-LISTED CONTRACTORS VENDORS 331 The Bidder Vendor Contractor declares that they being Proprietors Directors Partners have not

been any time individually or collectively blacklisted or banned or de-listed by any Government or quasi

Government agencies or PSUs If a bidderrsquos entities as stated above have been blacklisted or banned or delisted

by any Government or quasi Government agencies or PSUs this fact must be clearly stated and it may

not necessarily be a cause for disqualifying him

340 DUTY OF PERSONNEL OF SUPPLIERVENDOR 341 MDL being a Defence Organization Bidder Vendor Contractor undertakes that their personnel

deployed in connection with the entrusted work will not indulge in any activities other than the duties

assigned to them

350 DISPUTE RESOLUTION MECHANISM AND ARBITRATION

351 DISPUTE RESOLUTION MECHANISM (DRM) i) Any disputedifferences between the parties arising out of and in connection with the contract shall be

settled amicably by mutual negotiations

ii) In case of non-settlement by (i) above if at any time before during or after the contract period any

unsettled claim dispute or difference arose between the parties upon or in relation to or in connection with

or in any way touching or concerning this tenderagreementordercontract the same shall be referred to the

concerned Functional Director

The Functional Director shall then nominate an Executive of the rank of General Manager whom he thinks fit

and competent or a Committee of Executives whowhich shall then scrutinise the claimsdisputes that have

been referred to the concerned functional Director and make efforts for amicable settlements by mutual

discussionsnegotiations

iii) In case no amicable settlement is arrived by (ii) above within a period of three months then the contractor

shall approach Public Grievance Cell and address the disputes as per the provisions made under the relevant

GM(M)MTI2000007617Passivation Station

Page 32 of 45

clause of the contract

iv) In case the issuesdisputes do not get settled within a period of six months from the date of

submission of the dispute to the Grievance Cell then the contractor may invoke Arbitration Clause of the

contract

352 ARBITRATION Unresolved disputesdifferences if any shall then be settled by arbitration The

Arbitration proceedings shall be conducted at Mumbai India in English Language under the Arbitration amp

Conciliation Act 1996

MDL prefers to have arbitration through Institutes such as Indian Council of Arbitration (ICA)ICA-DR with

the mutual consent of the parties

353 In case of unresolved differencedispute between the Purchaser and Supplier being Central Public

Sector EnterprisesCentral Govt departments the disputes shall be resolved firstly through mutual discussion

or through the empowered agencies of the Govt or through arbitration by reference by either party to the

department of Public Enterprises as per extant guidelines If disputesdifferences remain

unresolvedunexecuted the same shall be referred first to the Cabinet Secretariat and then if necessary to the

PMO

354 Any changes to arbitration clause must be vetted by HOD (Legal) before incorporation in

contractPO

360 JURISDICTION OF COURTS 361 All contracts shall be deemed to have been wholly made in Mumbai and all claims there under are

payable in Mumbai City and it is the distinct condition of the order that no suit or action for the purpose of

enforcing any claim in respect of the order shall be instituted in any Court other than that situated in Mumbai

City Maharashtra State India ie courts in Mumbai shall alone have jurisdiction to decide upon any dispute

arising out of or in respect of the contract

-----------------------

GM(M)MTI2000007617Passivation Station

Page 33 of 45

Enclosure-4

GENERAL TERMS amp CONDITIONS (GTampC)

A10 Blank

A20 SECURITY DEPOSIT A21 The successful bidder shall submit a Security Deposit 5 of the contract order value (excluding

taxes duties freight service component) of the Order in the form of Demand Draft Bank Guarantee in the

prescribed format in favour of Purchaser within 25 days from date of Contract The Security Deposit will be

returned only after the successful execution of the order contract Refund of Security Deposit whenever

considered admissible by the Purchaser shall be without interest only

A30 FORFEITURE OF EMD BID BOND A31 In cases of withdrawal of bid during validity period or during any extension granted thereof non

acceptance of agreed conditions of Technical and or Commercial and or Price Negotiations non-submission

of the security deposit and or non-acceptance of the order the EMD or bid security will be forfeited or

encashed as the case may be

A40 FORFEITURE OF SECURITY DEPOSIT A41 Non-performance of agreed terms and or defaultbreach by BidderVendorContractor will result in

forfeiture of security deposit with application of risk purchase provisions as felt appropriate by the Purchaser

A50 FORFEITURE OF PERFORMANCE GUARANTEE A51 In the event of BidderVendorContractor failure to attend the Guarantee defects within a reasonable

period of time the Performance Bank Guarantee will be encashed by the Purchaser The Purchaserrsquos decision

shall be final and binding on BidderVendorContractor

A60 SUPPLIES A61 The equipment products items Services to be supplied shall be strictly in accordance with the

Drawings Specifications Requirements indicated in the Tender Enquiry Order with deviations if any as

mutually accepted

A70 PROGRESS REPORTING amp MONITORING A71 Where so stipulated in the order the Bidder Supplier Contractor shall render such reports from time

to time as regards the progress of the contract and in such a form as may be called for by the Purchaser

A80 CANCELLATION OF ORDER A81The Purchaser reserves the right to cancel an order forthwith without any financial implications on either

side if on completion of 50 of the scheduled deliveryCompletion period the progress of

manufactureSupply is not to the satisfaction of Purchaser and failure on the part of the

BidderVendorContractor to comply with the delivery schedule is inevitable In such an event the

BidderVendorContractor shall repay all the advances together with interest at prevailing bank rates from the

date of receipt of such advances till date of repayment The title of any property delivered to Purchaser will

be reverted to the BidderVendorContractor at his cost

A82 In case of breach non-compliance of any of the agreed terms amp conditions of order contract MDL

reserves the right to recover consequential damages from the vendor contractor on account of such

premature termination of contract

A83 In case of delay beyond agreed period for liquidated damages or 10weeks from contractual delivery

period whichever is earlier MDL reserves the right to cancel the order and procure the order items services

from any available source at MDLrsquos option amp discretion and entirely at your risk and cost Extra expenditure

incurred by MDL in doing will be recoverable from Bidder Supplier Contractor

A90 PRESERVATION AND MAINTENANCE

A91 Should any material require any preservation till its final installationfitment the detailed procedure

(Long term amp short term) for the same as also the time of interval after which the state of preservation needs

to be reviewed is to be stated by the BidderVendorContractor

A92 Further the de-preservation prior to the materialequipment being commissioned and the maintenance

procedure together with its periodicity is also to be indicated by the Bidder Vendor Contractor

A93 The Bidder Vendor Contractor in their offer must confirm that indigenous oil lubricants and

preservatives etc can be used in the equipment The bidder must also give assurance that the equipment

performance will not be downgraded by use of indigenous equivalents

A100 FREIGHT amp INSURANCE

A101 For Indigenous Bidders In cases where the offers are for Door Delivery to Purchaser transit freight

amp Insurance charges shall be borne by the Bidder Supplier Contractor In other agreed cases of Ex-works

Ex-Transporters warehouse or Railway godown offers the Bidder Supplier Contractor on dispatch shall

give details of materials with dispatch particulars and their value in time to Purchasers Insurance Company

GM(M)MTI2000007617Passivation Station

Page 34 of 45

on the contact details as provided in the order In such agreed cases the freight amp insurance charges will be

paid by the purchaser directly to the parties concerned

A102 For Foreign Bidders For overseas supplies on CIF port of dispatch basis Transit Insurance shall be

arranged by the Purchaser The Bidder Supplier Contractor shall immediately on despatch of the

items inform all relevant details of despatch such as Order number Bill of LadingAWB number

marked as Freight Paid Insurance policydocument number of packages value of consignment

invoice number in time directly to Purchasers Insurance company amp Purchaser on the contact details

as provided in the order In case of delivery term other than CIFCIP the freight amp insurance charges

will be paid by the purchaser directly to the parties concerned

A110 TAXES amp DUTIES STATUTORY LEVIES A111 Taxes and duties applicable if any shall be regularized by MDL by issuing necessary exemption

certificates in respect of procurement for Defence Projects Bidder shall indicate separately the GST and

duties applicable in their offer When the items qualify for exemption partlyfully but the supplier did not

avail of the same the amount of taxes and duties on such supplies shall be to supplierrsquos account In cases

where exemption certificates are not issued for any reason taxes shall be paid as indicated in the Purchase

OrderContract Tax deduction at source will be effected wherever applicable (eg TDS under Income tax

Act TDS on Works Contract under GST Act etc) from the bills of the Supplier as per statutes Similarly

where payment of Custom duty is agreed to and stipulated in the Purchase Order Contract the same will be

paid by the Purchaser on receipt of supplierrsquos bills along with Custom Certified Duty Paid Challan-Money

Receipt in original or carbon copy as relevant These Challans Receipts Bill of Entry are to be drawn issued

in the name of lsquoMAZAGON DOCK SHIPBUILDERS LIMITEDrsquo only Where payment of GST is agreed to

and stipulated in the Purchase Order Contract the same will be paid by the Purchaser on the basis of

Suppliers TAX INVOICE wherein the GST Number along with HSN SAC code is indicated in the Invoice

A120 DEMURRAGE A121 Storage and Demurrage charges will be payable by the Bidder Vendor Contractor for all shipments

that reach purchaser without proper dispatch documentations Lorry Receipts not accompanied by packing

lists invoices etc The Supplier shall be responsible for fines due to errors or omissions in description weight

or measurements and for increased handling charges due to improper packing

A130 INSPECTION TESTING A131The ordered items will be inspected either by Classification Society Nominated Agency and or by

Inspection Officer nominated by Purchaser at stages defined in the tender Purchase Order or as agreed to be

defined subsequently in terms of the Purchase Order

A132 The decision of the Inspecting Authority or their representatives as the case may be on any question

of the intent meaning and the scope of Specifications Standards shall be final conclusive and binding on

the Bidder Vendor Contractor

A133 The Bidder Vendor Contractor shall accord all facilities to Purchasers Inspectors Nominated

Agency to carry out Inspection Testing during course of manufacture final testing

A140 RECEIPT INSPECTION BY MDL A141 MDL shall carry out necessary inspection of the items on receipt on the basis of an appropriate quality

assurance system and inspection system requirements along with representative of the Owner Any objection

raised by MDL Quality Control Team against quality of materials or workmanship shall be satisfactorily

corrected by the Contractor at his expense including replacement as may be required within shortest possible

time within 30 days Items damaged during transit shall also be rectified replaced by the Contractor within

shortest possible time payment for which shall be made at mutually agreed rates

A150 REJECTION OF MATERIALS A151 Should the articles or any portion thereof of the equipment be found defective rejected the Bidder

Vendor Contractor shall collect the same from the Purchasers Stores all incidental charges being borne by

him (inclusive of Custom duty if payable) within 30 days from the date of intimation to the Bidder Vendor

Contractor of such rejection The Purchaser reserves the right to dispose off the rejected items at the end of

a total period of 90 days in any manner to the best advantage to the Purchaser and recover storage charges

and any consequential damages from sale proceeds of such disposal

A160 TECHNOLOGICAL DEVELOPMENTS MODIFICATIONS

A161 The Bidder Supplier Contractor shall unconditionally and free of cost to the Purchaser transfer

information on technological developments innovations modifications which the BidderSupplier

Contractor would evolve in future (within 3 years) in relation to the supplied equipment To enable this the

Purchasers address shall be added to the Bidder Supplier Contractorrsquos mailing list or database or any other

document maintained for dissemination of product information and the Purchaser shall be informed of the

GM(M)MTI2000007617Passivation Station

Page 35 of 45

action taken in this regard If such improvements modifications are brought in by the Bidder Supplier

Contractorrsquos Design Department in the course of manufacture of equipment ordered by the Purchaser the

Bidder Supplier Contractor shall incorporate such improved versions in the equipment without any extra

cost to the Purchaser under Purchaserrsquos prior consent

A162 If the Purchaser be desirous of getting incorporated all post supply modifications improvements

arising out of technological developments to the original equipment supplied by the Bidder Supplier

Contractor the Bidder Supplier Contractor shall quote for and carry out all such modifications to the

equipment

A163 Where the whole or a portion of the equipment has been specifically developed by the Bidder

Supplier Contractor for the Owner and the latter would through the Purchaser be bearing the entire or part

of the development cost incurred by the Bidder Supplier Contractor the design rights for the whole or

portion thereof of the equipment as appropriate shall vest in the Owners

A164 Prior approval of the Owner should be obtained before similar articles are sold supplied to any other

party other than the Owner If such approval is given and sale is effected the Bidder Supplier Contractor

shall pay to the Owner royalty at the rate mutually agreed to

A165 The Sub-contractor Supplier Supplier shall continue to support the equipment for a minimum period

of 20 years from the date of supply by making available spare parts and assemblies of the equipment

supplied Should the Sub-contractor Supplier Supplier decides to discontinue the product for any reason

whatsoever adequate notice shall be given to the Purchaser Owner to enable procurement of the requisite

lifetime spares

A170 PURCHASERrsquoS RIGHT TO ACCEPT ANY BID PART OF BID AND TO REJECT ANY OR

ALL BIDS A171 The Purchaser reserves the right to accept and or reject any or all tenders and or to withdraw the tender

in Toto and or award the contract order in full or part to more than one vendor contractor without

assigning any reason whatsoever and without thereby incurring any liability to the affected Bidder or Bidders

or any obligations to inform the affected Bidder or Bidders of the grounds for MDL action

A180 BANK GUARANTEE INSURANCE COVER FOR FREE ISSUE MATERIAL A181 The Bidder Supplier Contractor shall furnish Bank Guarantee insurance Cover equivalent to the

value of materials supplied by MDL free of cost valid up to the execution of the contract delivery of

material inspected accepted and receipt at MDL together with the material reconciliation statement

whichever is later

A190 BIDDERrsquoS RESPONSE IN CASE OF NO PARTICIPATION A191 The Sub-contractor Supplier Vendor shall inform the Purchaser in advance in case he is unable to

participate in the tender for whatsoever reason Failure to comply with this will be viewed seriously and

consecutive three failures on the part of Sub-contractor Supplier Vendor to do so is liable for

disqualification debarring of the Sub-contractor Supplier Vendor from all future tender enquiries and or

delisting from the list of Approved Registered Vendors

A230 PREFERENCETIAL PURCHASE FROM MSE VENDORS ndash Not Applicable MDL has right to place order on MSE firm meeting following criteria

In tenders if participating MSEs quoted prices are within price band of L1+15 such MSEs shall also be

allowed to supply a portion up to 20 of requirement by bringing down their prices to L1 price where L1 is

non MSEs If more than 1 MSEs fall under such criteria then this 20 shall be distributed proportionally

This preference shall not be applicable where MSE firm is L1 firm out of 20 percent target of annual

procurement from Micro and Small Enterprises a sub-target of 20 percent (ie 4 percent out of 20 percent)

shall be earmarked for procurement from Micro and Small Enterprises owned by the Scheduled Caste or the

Scheduled Tribe Entrepreneurs In respect of items reserved for MSE extant guidelines shall be followed

Presently Circular No SO 581(E) dated 23032012 is applicable

GM(M)MTI2000007617Passivation Station

Page 36 of 45

Annexure-5

LOADING FACTORS A

Sr

No

Description Foreign Supplier

100 import content

Indigenous

Supplier with part

Import content

Indigenous

Supplier without

Import content

1 Basic Price Quoted

CIF

a a Ex Works

b b Delivered to

MDL Stores

a Ex Works

b Delivered to

MDL Stores

2 Add Insurance Charges Nil In case of 1 (a) In case of 1 (a)

3 Add Sea Air Freight charges

Inland Road Transport Nil In case of 1 (a) In case of 1 (a)

4

Customs Clearance Port

Handling Transportation to

Yard

Applicable NIL NIL

5

Cost (ex-MDL) excluding taxes

amp duties without loading

towards any deviations

CIF price +

SrNo4 Sr Nos (1+2+3) Sr Nos (1+2+3)

B LOADINGS DUE TO VARIATIONS IN FINANCIAL TERM

6 Variation in payment Terms

Varied payment terms quoted by bidders as compared to the terms stated

in the tender document shall be normalized on the amount(s) at variation

and or for the period (in no of days) at variation by adopting the Prime

Lending Rate of State Bank India plus 2 thereon incase of indigenous

bidders and LIBOR EURIBOR rates in case of foreign bidders

7

Income tax amp Service Tax on

Technical Services Service

Engineers liability to MDL

Normalization shall be done in respect of the amount of tax that have to

be borne by the Company

8 Production norms such as

scrap output ndash input ratio

9 Base date for price variation

clause

1

0

Cost (ex-MDL) excluding taxes

amp duties after loading for

variations in financial term

(SR Nos 5 + 6 + 7 + 8 + 9)

C LOADING ON ACCOUNT OF DEVIATIONS IN FOLLOWING COMMERCIAL TERMS

11

Security Deposit Contract

Performance Guarantee Mandatory

12

Equipment Performance

Guarantee Mandatory

13

Additional delivery period

sought over stipulated period as

per Tender

For the additional period sought by the bidder over the stipulated date of

delivery as per tender 050 per week for delayed period will be loaded

to the quoted price if the period under variation does not lead to bid

rejection criteria 14 Additional time sought for

supplying binding data

15 Liquidated damages per week

rate Maximum Ceiling

If bidder seeks less than 5 (Max ceiling) then the difference will be

loaded

The rate of LD per week or part thereof is 05 If bidder seeks say 04

per week or part thereof then Max Ceiling of LD will be equated to

weeks (Say 10 weeks) then LD proposed by bidder works out to 10 X 04

= 4 then 1 will be loaded

16 Warranty Guarantee

Deviations in respect of the period of Warranty shall be loaded to the

quoted price 025 per month or part thereof This does not arise if

the bidder quotes additional price for the differential period

GM(M)MTI2000007617Passivation Station

Page 37 of 45

17

Cost (Ex-MDL) excluding taxes

amp duties after loading for

variations on account of

financial and commercial terms

Sr Nos 10 + 11 + 12 + 13 + 14 + 15 + 16

D LANDED COST

18

Taxes amp Duties

19

Landed Cost Sr Nos 17 + 18

GM(M)MTI2000007617Passivation Station

Page 38 of 45

Annexure-6

LETTER OF CREDIT FORMAT FOR SHIPMENT BY SEA AIR

40A Form of Documentary Credit Type IRREVOCABLE

20 Transaction Reference Number Documentary

Credit Number

31C Date of Issue Date

31D Date and Place of Expiry Date

Place NEGOTIATING BANK

51A Applicant Bank BIC BANKERS OF MDLMUMBAI

50 Applicant Name amp Address MAZAGON DOCK SHIPBUILDERS LTD

DOCKYARD ROAD MAZAGON MUMBAI ndash

400 010

59 Beneficiary Name amp Address

32B Currency Code Amount

Currency

Amount

39A Percentage Credit Amount Tolerance

Tolerance 1

Tolerance 2

41D Available with hellipByhellip Name amp Address

42C Draft at hellip Narrative SIGHTNEGOTIATION

42D Drawee Name amp Address BANKERS OF MDLMUMBAI

43P Partial Shipments Narrative ALLOWEDNOT ALLOWED

43T Transhipment Narrative ALLOWEDNOT ALLOWED

44A Loading on Board Dispatch Narrative AIRPORT SEAPORT (AS PER TENDER

ENQUIRYORDER)

44B For Transportation to Narrative AIRPORT SEAPORT (AS PER TENDER

ENQUIRYORDER)

44C Latest Date of Shipment Date

46A Documents required Narrative (AS PER TENDER ENQUIRY)

47A Additional conditions Narrative 1 ALL DOCUMENTS SHOULD BE MARKED

WITH IEC CODE NO0388070412 LC NO

AND DATE AND IMPORT UNDER NON-

NEGATIVE LIST OF IMPORT EXPORT

POLICY AM

2 DISCREPANT DOCUMENTS TO BE SENT

STRICTLY ON COLLECTION BASIS

71B Details of charges Narrative ALL FOREIGN BANK CHARGES OUTSIDE

INDIA ARE FOR THE BENEFICIARYrsquoS

ACCOUNT

48 Period for presentation

Narrative

WITHIN ----- DAYS FROM THE DATE OF

BILL OF LADING AIRWAY BILL 49 Confirmation instructions

Instruction

WITHOUT

53D Reimbursing Bank

Name amp Address

BANKERS OF MDL WILL SPECIFY

78 Instructions to the Paying Accepting Bank

Narrative

BANKERS OF MDL WILL SPECIFY 72 Sender to Receiver Information

Narrative

BANKERS OF MDL WILL SPECIFY

GM(M)MTI2000007617Passivation Station

Page 39 of 45

Enclosure-7

PROFORMA BANK GUARANTEE FOR BID BOND EMD

(On Non-Judicial stamp paper of value Rs 500-)

IN CONSIDERATION OF MAZAGON DOCK SHIPBUILDERS LIMTED a company incorporated under the Companies Act 1956 and having its registered office at Dockyard Road Mumbai 400010 (hereinafter referred to as

the ldquothe Companyrdquo which expression shall unless it be repugnant or contrary to the subject or context thereof be

deemed to mean and include its successors and assigns) having agreed to accept the Earnest Money Deposit (EMD)

of Rs--------------------------- -------(Rupees-----------------------------only) in the form of Bank Guarantee from Messers

a partnership firmsole proprietor businessa company registered under the Companies Act 1956

having its office at (hereinafter called the tenderer which expression shall unless it be

repugnant or contrary to the subject or context thereof be deemed to mean and include its successors and assigns) for

participating in the Tender nodated (hereinafter called the tender which expression

shall include any amendmentsalterations to the tender issued by the Company) for the supply delivery at site

installation and commissioning of certain equipment itemservicescivil works etc We

Bank having office at (hereinafter referred to as ldquothe Bankrdquo which

expression shall includes its successors and assigns) hereby agree to pay to the Company without any demur on first

demand an amount not exceeding Rs (Rupeesonly) against any loss or damage costs charges and expenses caused to or suffered by the Company by reason of non performance and non-fulfilment or for

any breach on the part of the tenderer of any of the terms and conditions of the said tender

2 We Bank further agree that the Company shall be sole judge whether the said tenderer has

failed to perform or fulfil the said tender in terms thereof or committed breach of any terms and conditions of the

tender the extent of loss damage cost charges and expenses suffered or incurred or would be suffered or incurred by

the Company on account thereof and we waive in the favour of the Company all the rights and defences to which we

as guarantors may be entitled to

3 We Bank further agree that the amount demanded by the Company as such shall be final and

binding on the Bank as to the Bank s liability to pay and the amount demanded and the Bank undertake to pay the

Company the amount so demanded on first demand and without any demur notwithstanding any dispute raised by the

tenderer or any suit or other legal proceedings including arbitration pending before any court tribunal or arbitrator

relating thereto our liability under this guarantee being absolute and unconditional

4 We Bank further agree with the Company that the Company shall have the fullest liberty

without our consent and without affecting in any manner our obligations hereunder to vary any of the terms and

conditions of the said tenderor to extend time of performance by the tenderer from time to time or to postpone for

any time to time any of the powers exercisable by the Company against the tenderer and to forbear to enforce any of

the terms and conditions relating to the tender and we shall not be relieved from our liability by reason of any such

variation or extension being granted to the tenderer or for any forbearance act or omission on the part of the

Company or any indulgence by the Company to the tenderer or by any such matter or things whatsoever which under

the law relating to sureties would have the effect of relieving us

5 We Bank further undertake not to revoke this guarantee during its currency except with

the previous consent of the Company in writing

6 We Bank also agree that the Bankrsquos liability under this guarantee shall not be affected

by any change in the constitution of the tenderer or dissolution or winding up of the business of the tenderer

7 Notwithstanding anything contained herein above

i) Our liability under this guarantee shall not exceed Rs

ii) This Bank Guarantee shall be valid upto and including and

iii) We are liable to pay the guarantee amount or any part thereof under this Bank Guarantee only and only if you

serve upon us a written claim or demand on or before helliphelliphellip (validity + --- weeks from the date of expiry of this

guarantee)

8 This Guarantee shall be governed by Indian laws and the Courts at Mumbai India shall have the exclusive

jurisdiction

GM(M)MTI2000007617Passivation Station

Page 40 of 45

IN WITNESS WHEREOF the Bank has executed this document on this day

of

For Bank

(by its constituted attorney

or the person authorized to sign)

(Signature of a person authorized

to sign on behalf of the Bank)

GM(M)MTI2000007617Passivation Station

Page 41 of 45

Enclosure-8

PROFORMA BANK GUARANTEE FOR SECURITY DEPOSIT (ILLUSTRATIVE FORMAT)

(On Non-Judicial stamp paper of value Rs 500)

IN CONSIDERATION OF MAZAGON DOCK SHIPBUILDERS LIMTED a company incorporated under the

Companies Act 1956 and having its registered office at Dockyard Road Mumbai 400010 (hereinafter referred to as

the ldquothe Purchaserrdquo which expression shall unless it be repugnant or contrary to the subject or context thereof be

deemed to mean and include its successors and assigns) having placed an order on Messers

a partnership firmsole proprietor businessa company registered under the Companies Act 1956

having its office at (hereinafter called the Contractor Supplier which expression shall unless it

be repugnant or contrary to the subject or context thereof be deemed to mean and include its successors and assigns)

vide order No dated (hereinafter called the order which expression shall include any

amendmentsalterations to the order issued by the Purchaser) for the supply delivery at site installation and

commissioning of certain equipment itemservicescivil works etc as stated in the said Order and the Purchaser

having agreed with the ContractorSupplier to accept a Bank Guarantee in lieu of Security Deposit payable under the

said order for the fulfilment and performance of the said order We Bank having

office at (hereinafter referred to as the Bank which expression shall includes its

successors and assigns) hereby agree to pay to the Purchaser without any demur on first demand an amount not

exceeding Rs (Rupeesonly) being 5 of the order value against any loss or damage costs

charges and expenses caused to or suffered by the Purchaser by reason of non performance and non-fulfilment or for

any breach on the part of the Contractor Supplier of any of the terms and conditions of the said order

2 We Bank further agree that the Purchaser shall be sole judge whether the said

contractorSupplier has failed to perform or fulfil the said order in terms thereof or committed breach of any terms

and conditions of the order and the extent of loss damage cost charges and expenses suffered or incurred or would

be suffered or incurred by the Purchaser on account thereof and we waive in the favour

of the Purchaser all the rights and defences to which we as guarantors may be entitled to

3 We Bank further agree that the amount demanded by the Purchaser as such shall be final and

binding on the Bank as to the Bank s liability to pay and the amount demanded and the Bank undertake to pay the

Purchaser the amount so demanded on first demand and without any demur notwithstanding any dispute raised by the

ContractorSupplier or any suit or other legal proceedings including arbitration pending before any court tribunal or

arbitrator relating thereto our liability under this guarantee being absolute and unconditional

4 We Bank further agree with the Purchaser that the Purchaser shall have the fullest liberty

without our consent and without affecting in any manner our obligations hereunder to vary any of the terms and

conditions of the said orderor to extend time of performance by the Supplier from time to time or to

postpone for any time to time any of the powers exercisable by the Purchaser against the Contractor Supplier and to

forbear to enforce any of the terms and conditions relating to the order and we shall not be relieved from our liability

by reason of any such variation or extension being granted to the Contractor Supplier or for any forbearance act or

omission on the part of the Purchaser or any indulgence by the

Purchaser to the ContractorSupplier or by any such matter or things whatsoever which under the law relating to

sureties would have the effect of relieving us

5 We Bank further undertake not to revoke this guarantee during its currency except with

the previous consent of the Purchaser in writing

6 We Bank also agree that the Bankrsquos liability under this guarantee shall not be affected

by any change in the constitution of the Contractor Supplier or dissolution or winding up of the business of the

contractor supplier

7 Notwithstanding anything contained herein above

i) Our liability under this guarantee shall not exceed Rs

ii) This Bank Guarantee shall be valid upto and including and

GM(M)MTI2000007617Passivation Station

Page 42 of 45

iii) We are liable to pay the guarantee amount or any part thereof under this Bank Guarantee only and only if you

serve upon us a written claim or demand on or before helliphelliphelliphellip(validity + ---weeks from the date of expiry of this

guarantee)

8 This Guarantee shall be governed by Indian laws and the Courts at Mumbai India

shall have the exclusive jurisdiction

IN WITNESS WHEREOF the Bank has executed this document on

this day of

For Bank

(by its constituted attorney)

(Signature of a person authorised

to sign on behalf of the Bank)

GM(M)MTI2000007617Passivation Station

Page 43 of 45

Enclosure-9

PROFORMA BANK GUARANTEE FOR PERFORMANCE (ILLUSTRATIVE FORMAT)

(On Non-Judicial stamp paper of value Rs 500-)

IN CONSIDERATION OF MAZAGON DOCK SHIPBUILDERS LIMTED a company incorporated under the

Companies Act 1956 and having its registered office at Dockyard Road Mumbai 400010 (hereinafter referred to as

the ldquothe Purchaserrdquo which expression shall unless it be repugnant or contrary to the subject or context thereof be

deemed to mean and include its successors and assigns) having placed an order on Messers a

partnership firmsole proprietor businessa company registered under the Companies Act 1956 having its Registered

office at (hereinafter called the Contractor Supplier which expression shall unless it be

repugnant or contrary to the subject or context thereof be deemed to mean and include its successors and assigns)

vide order No dated (hereinafter called the order which expression shall include any

amendmentsalterations to the order issued by the Purchaser) for the supply delivery at site installation and

commissioning of certain equipment itemservicescivil works etc as stated in the said Order and the Purchaser

having agreed that the Contractor Supplier shall furnish a security for the performance of the Contractorrsquos

Suppliers obligations andor discharge of the Contractorrsquos Suppliers liability in connection with the said order and

the Purchaser having agreed with the ContractorSupplier to accept a performance guarantee We

Bank having office at (hereinafter referred to as the

Bank which expression shall includes its successors and assigns) hereby agree to pay to the Purchaser without any

demur on first demand an amount not exceeding Rs (Rupeesonly) being 10 of the order

value against any loss or damage costs charges and expenses caused to or suffered by the Purchaser by reason of

non-performance and non-fulfilment or for any breach on the part of the Contractor Supplier of any of the terms and

conditions of the said order

2 We Bank further agree that the Purchaser shall be sole judge whether the said

ContractorSupplier has failed to perform or fulfil the said order in terms thereof or committed breach of any terms

and conditions of the order and the extent of loss damage cost charges and expenses suffered or incurred or would

be suffered or incurred by the Purchaser on account thereof and we waive in the favour of

the Purchaser all the rights and defences to which we as guarantors may be entitled to

3 We Bank further agree that the amount demanded by the Purchaser as such shall be final and

binding on the Bank as to the Bank s liability to pay and the amount demanded and the Bank undertake to pay the

Purchaser the amount so demanded on first demand and without any demur otwithstanding any dispute raised by the

ContractorSupplier or any suit or other legal proceedings including arbitration pending before any court tribunal or

arbitrator relating thereto our liability under this guarantee being absolute and unconditional

4 We Bank further agree with the Purchaser that the Purchaser shall have the fullest liberty

without our consent and without affecting in any manner our obligations hereunder to vary any of the terms and

conditions of the said orderor to extend time of performance by the Supplier from time to time or to postpone for

any time to time any of the powers exercisable by the Purchaser against the Contractor

Supplier and to forbear to enforce any of the terms and conditions relating to the order and we shall not be relieved

from our liability by reason of any such variation or extension being granted to the Contractor Supplier or for any

forbearance act or omission on the part of the Purchaser or any indulgence by the Purchaser to the

ContractorSupplier or by any such matter or things whatsoever which under the law

relating to sureties would have the effect of relieving us

5 We Bank further undertake not to revoke this guarantee during its currency except with

the previous consent of the Purchaser in writing

6 We Bank also agree that the Bankrsquos liability under this guarantee shall not be affected

by any change in the constitution of the Contractor Supplier or

dissolutionhelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

7 Notwithstanding anything contained herein above

i) Our liability under this guarantee shall not exceed Rs

ii) This Bank Guarantee shall be valid upto and including and

GM(M)MTI2000007617Passivation Station

Page 44 of 45

iii) We are liable to pay the guarantee amount or any part thereof under this Bank Guarantee only and only if you

serve upon us a written claim or demand on or before helliphelliphellip (validity + ---weeks from the date of expiry of this

guarantee)

8 This Guarantee shall be governed by Indian laws and the Courts at Mumbai India shall have the exclusive

jurisdiction

IN WITNESS WHEREOF the Bank has executed this document on

this day of

For Bank

(by its constituted attorney)

(Signature of a person authorised

to sign on behalf of the Bank)

GM(M)MTI2000007617Passivation Station

Page 45 of 45

Enclosure-10

Electronic Payment Mandate Form

(MDL Bank details)

Name of the CompanyFirm Mazagon Dock Shipbuilders Limited

Address with Phone no Dockyard Road Mumbai ndash 400010

E-Mail ID

Phone No +91 22 23745310

Fax No

Particulars of Bank Account

Name of the Bank State Bank of India

Name of the Branch Mazagon Dock Mumbai Branch

Branch Code 9054

Bank IFSC NEFT Code SBIN0009054

Bank Address MBPT Workshop building NV Nakhwa Road Mazagon - 400010

City Name Mumbai

Telephone No of Bank +91 22 23752802

9 digit code no of bank amp branch

appearing on the MICR cheque

issued by your bank

400002120

Type of Account Current Account

Account No 10005255246

Income Tax PAN No AAACM8029J

Page 7: Final Tender - Mazagon Dock Shipbuilders...DIVISION-SHIP BUILDING DEPARTMENT-MATERIAL PROCUREMENT Tender no.: GM(M)/MTI/2000007617 for the Engineering, Manufacturing, Supply/Installation,

GM(M)MTI2000007617Passivation Station

Page 7 of 45

NOTE - (1) Submission of documents mentioned above is mandatory for every bidder Bidders need

to submit supporting documentary evidence in support of the Pre-Qualification Criteria Viz

Work Order Work Completion Certificate issued by the party for whom the work is done

(2) Bidders registered with Mazagon Dock Shipbuilders Limited should furnish copy of valid

registration certificate

(3) MDL has a right to demand for hard copy of any of the above documents any other document amp verify cause verification of authenticity of the said documents or may carry out

site visit whenever felt necessary Bidders shall comply with the same If the document

verification is not found satisfactory to MDL and on verification if the document is not found

authentic to MDL offer is liable for rejection MDLrsquos decision in this regard will be final and

binding on the bidder without stating any reason whatsoever it may be

4 Validity Period Bids Offers shall have a validity period of 120 days from the tender closing date A

bid valid for a shorter period will be liable for rejection by MDL as non-responsive Technically accepted bidder will be given opportunity to accept validity as per tender in case of short validity In case

of non-acceptance of validity as per tender term thereafter the firm offer will be rejected as non-

responsive

5 On-line submission of bids in Two-Bid System Offer must be submitted in two parts through E-

tendering system Bidders are requested to log on to httpseprocuremdlnicin for submission of bids

against above tender Bids must be submitted in Two parts ie Part-I (Techno-Commercial bid) and Part-

II (Price Bid) as appearing on-line

51 Part I Bid (Techno-Commercial bid)

511 Detailed Technical offer for technical scrutiny along with point-wise acceptance or

offered specifications against required specification Technical details catalogues

drawings data sheets calculations as applicable to be enclosedattached in

attachment provision given online

512 Bidders to carefully fill all listed online forms providing their

commentsAcceptancedeviations if any in the space provided online against

respective clauses of Technical specifications Tender terms amp conditions (TEF) GT

ampC and STACS etc

Un-priced format stating Quoted or Not Quoted whichever is applicable must be

selected from dropdown list in un-price bid form and applicable taxes must be

mentioned in respective tax column

513 Indigenous bidders to quote in INR amp Foreign bidders to quote in respective foreign

currency

514 Pre-qualification documents as listed at Para 3 above

515 Deviation Sheet if any shall be uploaded on-line for TEF STACS and GTampC

516 Enterprises status (If any) to be indicated in Part-I Micro Medium Small

515 The scanned image of receipt of NEFTRTGSBid bondSwift message towards

Earnest Money Deposit or Documents towards which EMD exemption is being

claimed as stipulated in TEF clause no 6 shall be uploaded at Part-I tender stage

The original of the NEFTRTGSBGBid bond swift message shall be forwarded to

GM (M) in sealed envelope superscribing Tender Enquiry No and Due date so as to

reach within 7 MDL working Days from the tender closing date addressed

To

GM (M)

II FLOOR MOGUL HOUSE

SOUTH YARD

MAZAGON DOCK SHIPBUILDERS LTD

GM(M)MTI2000007617Passivation Station

Page 8 of 45

DOCKYARD ROAD

MUMBAI- 400010

EMD payment can also be submitted as Bank Guarantee(BG)

52 Part-II (Price Bid)

521 Indigenous bidders to quote in INR on door delivery basis amp overseas bidders to

quote in foreign currency on CIF basis Indigenous bidders quoting in currency other

than INR will be liable for rejection

522 Bidder to fill their prices online strictly in the online price bid form only Prices amp

other charges (as listed in form) to be enteredfilled in the applicable

headcellcolumns only as prices in wrong headcellcolumn which are not applicable

to you (bidder) will finally affect your (bidders) total landed cost amp accordingly

ranking Wherever any charges from the listed charges are not applicable to bidder

then lsquozerorsquo to be entered in that respective headcellcolumn

Refer Illustrative format and guidelinerdquo at Annexure-2A for quoting prices in

online price bid form

523 In case of any discrepancy in the Blank Rate Schedule Format and actual On-line

Price Bid after opening of the Price Bids the details (GST and any charges)

mentioned in the On-line Price bid shall prevail over the details in blank rate schedule

format However the negotiated commercial terms before price bid opening will be

considered for ranking and evaluation as per Para15

53 Bidders in their own interest are requested to upload their bids well in advance of tender closing

date to avoid the last minute difficulties in uploading the bids

54 Problems in hardwaresoftware Internet connectivity system configurations Browser setting etc

for whatsoever reason shall not be considered for extension of tender closing date and time

55 Bidders quoting on behalf of overseas principals should quote in INR (Indian Rupees) on FOR

Door delivery basis with their principalrsquos authorization letter Overseas bidders to quote directly

in foreign currency on CIF basis amp also quote FOB amp installationCommissioning charges

additionally Currency to be quoted by foreign bidder in USDEURO

56 No Exemptions towards Custom duty is applicable amp hence no exemptions certificates will be

issued

GM(M)MTI2000007617Passivation Station

Page 9 of 45

6 Earnest Money Deposit (EMD) BID BOND

61 Bidders shall have to make payment towards EMD amounting to Rs 358600- (Rupees Three Lakhs Fifty Thousand Six Hundred only) directly from MDL payment Gateway the path

of which is provided at Enclosure-11 It is mandatory for bidders to make EMD payment through

MDL payment portal or NEFT RTGS

EMD payment in the form of BG is also accepted (Please refer Enclosure- 7 for EMD BG format)

Bidders have to enter Vendor Name Nature of Payment and Tender No in Text Narration

Field while making NEFT RTGS payment to Mazagon Dock Shipbuilders Limited Bank

Account No 10005255246 and a scanned copy of payment made to our Account should be

uploaded in Techno-commercial bid (Part-I) towards proof for submission of EMD against this

tender

a) Bidderrsquos offer will be categorically rejected if EMD payment will be made after tender due date and time to Mazagon Dock Shipbuilders Limited Account However bank

guarantee drawn in favor of MAZAGON DOCK SHIPBUILDERS LIMITED Mumbai from

the list of Banks approved by SBI Canara Bank published on MDL Website or bid bond swift

message of equivalent foreign currency for foreign bidders shall be forwarded GM (M) in

sealed envelope super-scribing Tender Enquiry No and Due date so as to reach us within 7

MDL working days from the tender closing date The scanned image of NEFTRTGS BG Bid

bondswift message shall be uploaded at Part-I tender stage The bid bond Bank Guarantee

should be valid for 120 days+4 weeks from the tender closing date Similarly authorized Indian

agent can submit BG from bank as per list of banks approved by SBI Canara bank as bank of

international repute published on MDL website on behalf foreign bank Bidders to advise their

bankbanker to send EMDBG directly to commercial department or through SWIFT to dispense

with additional step of verification of authenticity of signatories In case of EMD transmitted

through SWIFT it shall be the responsibility of the bidder that he directs the receiving banker

to forward the message duly authenticated to the concerned commercial officer mentioned in

the tender Bids without EMD other than those who are exempt from payment of EMD will not

be considered EMD of unsuccessful bidders will be returned after finalization of the tender and

shall be interest free Bids without EMD will not be considered

b) EMD of unsuccessful bidders will be returned after finalization of the tender and shall be interest free

MDL bank details for Direct Electronic transfer is as under

BENEFICIARYrsquoS

NAME MAZAGON DOCK SHIPBUILDERS LIMITED

NAME OF BANK STATE BANK OF INDIA

BRANCH amp ADDRESS MAZAGAON BRANCH MAZAGAON MUMBAI 400010

BR CODE 9054

ACCOUNT NO 10005255246 ACCOUNT TYPE CURRENT

ACCOUNT

IFSC CODE SBIN0009054 RTGS CODE SBIN0009054

NEFT CODE SBIN0009054 MICRNECS

CODE 400002120

INCOME TAX PAN

NO AAACM8029J GST ID 27AAACM8029J1ZA

62 EXEMPTION FROM SUBMISSION OF EMDBID BOND Following bidders shall be exempt from submission of EMDBid Bond

62 Following bidders shall be exempt from submission of EMDBid Bond

621 State amp Central Government of India departments Public Sector Undertakings

622 Firms registered with Mazagon Dock Shipbuilders Limited (MDL) for the items for

GM(M)MTI2000007617Passivation Station

Page 10 of 45

which the offer is being submitted (To qualify for EMD exemption firms should

necessarily submit VALID copy of the registration certificate issued by MDL in Part-

I offerbid Firms in the process of obtaining MDL registration will not be considered

for EMD exemption)

623 Firms registered with NSIC under its ldquoSingle Point Registration Schemerdquo

(Exemption will apply only to items service indicated under description of work

supplies services amp value up to which bidders are registered with NSIC) To qualify

for EMD exemption firms should necessarily submit VALID copy of the registration

certificate issued by NSIC in Part-I offer bid Firms in the process of obtaining

NSIC registration will not be considered for EMD exemption

624 Firms registered as Micro and Small Enterprises (MSEs) To qualify for EMD

exemption firms should necessarily upload VALID copy of the registration

certificate from the competent authority regarding their Micro Small Industry status

in Part-I offerbid

625 Commondeemed DPSU registered vendors qualify for EMD exemption Such firms

shall submit valid copy of the registration certificate issued by DPSUs (other than

MDL) for the itemsservices for which the offer is being submitted on Part-I

offerbid Firms in the process of obtaining registration in other DPSUs will not be

considered for EMD exemption

626 Green channel status vendors qualify for EMD exemption Such firms shall submit

valid copy of the green channel certificate issued by MoD for the items for which the

offer is being submitted in Part-I offerbid Firms in process of obtaining this

certificate will not be considered for EMD exemption

7 Bid Rejection Criteria

71 Following bids shall be categorically rejected

711 Bids received after tender closing date and time

712 Bids received without EMD (other than those who are exempted from payment of

EMD) as specified in the tender

713 Bidders not agreeing to provide assistance for installation Testing Commissioning amp other such Technical activities of equipment supplied by them

714 Bids received in any form other than through e-Portal

715 If the date of issue of EMD (DDBGSWIFT message) is later than the tender closing

date

72 Following bid rejection criteria may render the bids liable for Rejection

721 Bidderrsquos failure to furnish sufficient or complete details for evaluation of the bids

within the given period ranging in between 2 to 3 weeks depending on deficiencies

noticed in the drawing technical data which shall not however conflicts with validity

period

722 Incomplete misleading ambiguous bids in the considered opinion of TNC

723 Bids with technical requirements and or terms not acceptable to MDL Customers

External agency nominated as applicable

724 Bids without uploading pre-qualification documents where required as per the tender

GM(M)MTI2000007617Passivation Station

Page 11 of 45

725 Bids not meeting the pre-qualification parameters stipulated in the tender enquiry

726 Bidders not agreeing to supply spares post sale product support post work

completion support

727 High seas sales sales in transit

728 Unreasonably longer delivery period quoted by the firm

729 Validity period indicated by bidders is shorter than that specified in the tender

enquiry

7210 Bidders not agreeing to furnish required Security Deposit Required Contract

Performance Guarantee till completion of the supplies services as per contract

7211 Bidders not agreeing to furnish Performance Bank Guarantees for equipment

supplied services rendered or not agreeing for retention of equivalent amount by

MDL up to the period till completion of contractual and guarantee warranty

obligations

7212 Bidder not agreeing to quote as a single point responsibility for whole scope of work

(ie right from design supply of systemequipment till commissioning STW amp

training at MDL site)

7213 Bidders not agreeing warrantyguarantee Clause of tender (clause no 10)

8 Pricing Prices to be quoted on firm and fixed basis during the currency of the order contract

81 For Indigenous Bidders Indigenous Bidder shall quote the prices online of all items services listed in

the online price sheet format of the tender enquiry for delivery of the items in MDL store completion of

the work at MDL site The prices quoted shall remain firm and fixed during the currency of the order

contract unless agreed otherwise by MDL and should be inclusive of all cost towards Packing amp

forwardinginsurancefreight deliveryTransportation and transit insurance

82 For Foreign Bidders Bidder shall quote the prices online on the CIF Mumbai Port of destination

(India) basis only Prices on the basis of FOB factory or ex-works are not acceptable However FOB

cost shall also be quoted The prices quoted shall remain firm and fixed during the currency of the order

contract unless agreed otherwise by MDL To arrive at custom charge the foreign bidder(s) must submit

details viz (i) port of dispatch (ii) containerized dispatch (iii) Number of container (iv) Gross weight

9 Terms of Payment - MDL does not pay any advance Payment for Indigenous amp Overseas bidders

91 For Indigenous Bidders

911 Supply Installation commissioning amp training - Payment for the value of supply and services as reduced by any deductibles andor the amount

leviable towards liquidated damages if any may be payable through NEFTRTGSECS between 15-

20 days of completion of complete scope of work (ie after Supply Installation trials

commissioning and training) and against submission of documents in Triplicate including Delivery

challan(s) receipt inspection amp acceptance report warranty Guarantee certificate Test reports

Certificates if applicable Packing Lists Invoice Storage Preservation Maintenance Procedures

amp other Technical documentation in requisite sets as relevant and work completion certificate duly

certified by an officer from the user department in the rank of CM or above and submission amp

subsequent confirmation of performance bank guarantee for 10 of the total order value excluding

taxes

GM(M)MTI2000007617Passivation Station

Page 12 of 45

912 TReDS

Alternate MSME vendor payment through TReDS

ldquoIn order to address the financial needs of MSME firms GoI has introduced a platform for

facilitating the financing of trade receivables of MSMEs from buyers through multiple

financiers which is termed as Trade Receivables Discounting System (TReDS) At TReDS

auctioning of invoices at competitive amp transparent environment is done by financers based on

Buyerrsquos credit profile

MDL is registered on the Invoicemart TReDS platform and M1xchange of Ms Mynd

Solutions Pvt Ltd

MSME bidders desirous to receive payments through TReDS platform may avail the facility if

they are already registered on

1Invoicemart TReDS platform or by registering on it

Contact details at Invoicemart TReDS platform are as below

022 6235 7373 and a new mail id serviceinvoicemartcom

2 M1xchange

TReDS platform

or by registering on it

Contact details at M1xchange TReDS platform are as below

+91 9920455374 MsAshwathi Jayandran email id ashwathijayandranm1xchangecom

+91 8839915724 Ms Prinyaka Shah email id prinyakashahm1xchangecom

MSE bidders upon successful delivery shall submit their invoices along with the mandated

enclosures at MDL Central Receipt Section MSE vendors desirous to receive payments through Invoicemart TReDS platform or M1xchange TReDS platform shall submit their TReDS

details along with the invoice at MDL Central Receipt Section Upon receipt and acceptance of the

supplied material and receipt of invoices with the mandated enclosures MDL shall process the

invoice for payment on Invoicemart M1xchange TReDS platform Any unfinanced invoices

invoices of MSE bidders seeking payment from MDL directly shall be processed as per the Standard

payment terms agreed in PO contractrdquo

92 For OverseasForeign Bidders

(A)

Payment through LC - Payment against irrevocable letter of credit (LC)

established through our bankers as per format at illustrative Annexure 6 For opening

LC Supplier should essentially furnish their clear amp timely acceptance of the order

For opening LC all charges outside India shall be borne by the beneficiary

(Supplier) Additional loading of prices (A) towards charges incurred in LC opening

by MDL and (B) Interest for period of 20 days base rate of SBI+2 on payment

amount is to be considered while evaluating foreign bidders for ranking purpose In

case supplier seeks LC amendment for no fault of MDL or requires confirmation of

LC then all charges towards LC amendment or confirmation of LC respectively

shall be borne by the Supplier LC will allow Payment on timely presentation of

following documents through bank Opening of LC shall be before one month of

the schedule for dispatch or before such period as may be discussed and mutually

agreed to in the PNC (Price Negotiations) The time limit for opening of LC and or

amendment for LC shall be 7 days or within such no of days as may be stipulated in

purchase orderContract Delay in opening of LC can lead to corresponding delay in

delivery and hence no LD is applicable on such delayed portion

LC will be opened accordingly after receipt of intimation about readiness of

Material items equipments LC shall be valid for 89 days Firm to sendsubmit

documents as listed in Para 921 to 9212 below in originals for custom clearance of

material to MDL directly after shipment

GM(M)MTI2000007617Passivation Station

Page 13 of 45

For Items-

921 Set of Original + 2 Copies of signed Invoice showing item wise prices as per the order

922

Set of Original + 2 Copies of signed Packing List clearly showing list of items

packed Specifying unit as per Indian Custom Tariff

923

Set of Original + 2 Copies Clean on Board Bill of Lading OR Air Way Bill made in

the name of MDLrsquos Bank and Marked as freight paid

924

Set of Original + 2 Copies of Certificate of approval OR Release Note from MDL

nominated Inspection agency or Work completion performance certificate or

Dispatch clearance from MDL

925 Certificate of country of origin in Original + 2 Copies by chamber of commerce

926 Original + 2 Copies of Warranty Certificate in prescribed format

927

Original + 2 Copies of all Manufacturerrsquos Test Certificates (MTCs) Reports

Drawings Manuals Procedures etc as relevant to the ordered item

928

Original + 2 Copies of Performance Bank guaranteeequivalent BG wherever

applicable

929

Certificate Confirming that supplier has couriered dispatched 03 sets of Non

Negotiable Documents comprising of all Test reports MTCs Technical

Documents Drawings Manuals Procedures etc and of Signed Invoices Packing

Lists Bill of LadingAWB MDL nominated Inspection Agencyrsquos Certificate of

approval Country of Origin Certificate Warranty Certificate Performance Bank

Guarantee directly to MDL

9210

Original + 2 Copies of the Certificate issued by the classified society confirming

seaworthiness of the vessel and that the shipment is made on vessels of not more

than 15 years vintage (Applicable in case of CIF contracts orders agreed by MDL)

9211

Certificate issued by MDL confirming that the delivery is made in time and no

penalty is applicable OR in case of delays admissible amount of penalty will be specified by MDL in this certificate for reduction of equal amount from supplierrsquos

invoice (MDL will issue this certificate generally by e-mail or FAX immediately on

receipt of signed copy of invoice packing list approval certificate of the nominated

inspection agency date of the proposed shipment amp copies of BL or AWB or any

other acceptable documents confirming supplierrsquos readiness dispatch)

9212

Certificate confirming that the shipping instructions (inclusive of packing) have

been followed while packing shipment and forwarding of details for insurance to

MDL

Important Notes for Foreign Bidders 1 All the documents should clearly indicate the Purchasers Order number Import

License Number Airway Bill Bill of Lading Number

2 Foreign Bidders must submit the Letter of Credit format duly filled as per Annexure- 6

of the tender

3 To arrive at the custom charges the foreign bidders must submit the following details

along with the Part ndashI Bid -

(a) Port of dispatch to be clearly specified

(b) Containerized dispatch Break bulk

(c) No of required containers with their size amp type (20Feet40 FeetOpenClosed)

(d) Gross weight

(e) Any other specific handling Instructionsconditions of consignment

GM(M)MTI2000007617Passivation Station

Page 14 of 45

10 GuaranteeWarranty Supplier shall warranty the performance of the Passivation station for a

period of 12 months after commissioning or 24 months after receipt of station at MDL

whichever is earlier

During this period all defects arising out of defective material and faulty workmanship will be

rectified by repairing or replacing part or whole material as necessary free of charge on door

delivery basis Any consequential damagedefect or loss of items due to poor

workmanshippoor material qualitynegligence etc attribute to the bidder to be rectifiedreplaced by the bidder free of cost All the necessary spares tools Service engineers

amp Mechanics required for repairs to be arrange by vendor at no extra cost and machine to be

put into operation at the earliest

11 Performance Bank Guarantee (PBG) The Successful bidders will have to submit PBG in the prescribed format from the list of

Banks approved by SBI Canara Bank published on MDL Website for 10 of the Order value

excluding taxes etc valid for 13 months (validity 12 months + 1 month claim period) from the date of supply or offer your consent to MDL for retention of 10 of order value towards

PBG Bidders may advise their bankbanker to send BG directly to commercial department or

through SWIFT to dispense with additional step of verification of authenticity of signatories

In case of BG transmitted through SWIFT it shall be the responsibility of the bidder that he

directs the receiving banker to forward the message duly authenticated to the concerned

commercial officer mentioned in the tender

12 Bidder shall abide by all Standard Terms and Conditions of Supply (STACS) GTampC and

accordingly contract will be governed as per uploaded form at Stage Name Part ndashI (Techno-

Commercial Bid) Deviation if any shall be clearly indicated In case of discrepancy clauses

mentioned in Tender Technical Scope and Rate sheet will override the clauses mentioned in

other annexure including STACS amp GTampC In event we do not receive acceptance forms

dully filled for TEF STACS and GTampC it shall be presumed that all our terms and

conditions of tender are acceptable to you

13 Taxes amp Duties - The item-wise rates quoted in the Rate Sheet should exclude GST and

duties

131 For Indigenous bidders The rate sheet to be enclosed with the tender will indicate

the rates under each tax head viz GST

a Only those bidders who indicate the taxes amp duties separately as above all

shall be entitled for consideration of change in corresponding rates in case

of variation in statutory levies

b Supplierbidder will not be entitled to any increase in rate of taxes

occurring during the period of extended delivery schedule if there is delay

in supply completion attributed to him however if there is a decrease in

taxes the same must be passed on to MDL

c Wherever all-inclusive prices are quoted by the bidders without bifurcation

of tax elements no escalation can be considered in respect of any variation

in statutory levies arising subsequently because of the absence of the

required base figures in the purchase order contract

132 GST as per GST Laws shall be payable extra as quoted and agreed

133 In case of Purchase of goodsservices from unregistered dealers under GST laws

GST will be paid by MDL under reverse charge mechanism

134 Benefits from reduction in rate of taxITC are required to be passed on to

consumer Where ldquoapplicable GSTrdquo has been quoted as extra Goods and service

providers (except un-registered dealers under GST Law) have to submit

declaration that they have complied with lsquoAnti ndashprofiteering clausersquo under GST

Law Such declaration be given in technical bid

GM(M)MTI2000007617Passivation Station

Page 15 of 45

135 Where the quoted price is claimed to be inclusive of taxes (by other than

composite vendor) MDL consider it as net price on which GST is payable In

such cases the GST may be paid by MDL directly to GSTN under reverse

charge mechanism or otherwise for which no input tax credit will be available to

vendor and vendor is deemed to have confirmed that he will not claim ITC for

such items

136 If the vendor is registered under GST vendor shall mention the HSN code for

goodsampor services in their tax invoice etc These codes must be in accordance

with GST Laws and responsibility of specifying correct HSN code for goodsampor

services is that of the vendor MDL shall not be responsible for any error in HSN

code for goodsampor services specified by suppliercontractor Suppliercontractor

shall pay penalty andor interest imposed on MDL or any loss due to delay in

availing ITC by MDL or any loss of ITC to MDL due to error by vendors at any

stage MDL reserve right to recover any such interest penalty or loss from any amount due to supplier contractor or vendor shall reimburse make good such

loss within 15days after intimation by MDL or otherwise

137 In case MDL is unable to avail ITC suppliercontractor at their own cost shall

rectify the shortcoming in the returns to be filed immediately thereafter Further

if the ITC is delayed denied to MDLreversed subsequently as per GST Laws due

to nondelayed receipt of goods andor services andor tax invoice or expiry of

timelines prescribed in GST Laws for availing ITC non-payment of taxes or non-

filling of returns or any other reasons not attributable to MDL supplier

contractor shall pay any loss of amount along with interest and penalty on MDL

under GST Laws for the number of days the ITC was delayed If the shortcoming

is not rectified by suppliercontractor and MDL ends up in reversal of credits

andor payments suppliercontractor is fully liable for making good all the loss

incurred by MDL MDL reserve right to recover any interest penalty or loss from

any amount due to suppliercontractor or otherwise

138 If the vendor is registered under GST the GST registration number (15 digit

GSTIN) issued by GOI shall be mandatorily provided by the vendor Vendor

having multiple business verticals within state at multiple states with separate

GST registration numbers shall forward GSTIN of only that vertical which is

involved in supply of goods andor services MDL GSTIN is

27AAACM8029J1ZA and vendor shall mention the same while invoicing and

avoid any data entry error on GST portal

139 If the vendor is registered under GST vendor shall ensure timely submission of

invoice as per the provisionsrequirementstimeline promulgated by GOI in

relation to GST Laws with all required supporting documents to enable MDL to

avail input tax credit promptly The vendors invoice inter alia should contain

GSTIN of vendor GSTIN of MDL (ie 27AAACM8029J1ZA) GST tax rate

separately HSN code wise goods or services Place of supply signature of vendor

etc Original invoice needs to be submitted to Bill Receipt Centre at MDL gate

and a copy of the invoice should be given to the GRS Stores

1310 If the vendor is registered under GST vendor shall file all applicable returns

under GST Laws in the stipulated time and any losses of tax credit to MDL

arising due to delay in filling will be recovered from their invoice wherever MDL

is eligible to avail tax credit Any default towards payment of tax andor

uploading of monthly returns by supplier contractors MDL retains right to

withhold payments towards tax portion until the same is corrected and complied

by the suppliercontractor with the requirement of GST along with satisfactory

evidence

GM(M)MTI2000007617Passivation Station

Page 16 of 45

1311 The rate sheet enclosed with the tender will indicate the rates to be entered under

each head wherever applicable Bidder must clearly mention the applicable taxes

amp duties The item-wise rates (ie Basic + PampF + FampI) quoted in the rate sheet

should exclude taxes amp duties Bidder should indicate GST rates as applicable

separately under each of the head in the same rate sheet which will be paid extra

based on tax invoice to the extent applicable The GST will be applicable on total

basic rate of each item (ie Basic +PampF +FampI)

1312 If the vendor changes his registration status from composition dealer to normal

registered dealer under GST Law the vendor has to inform MDL immediately

Further his contract price under GST needs to be negotiated since as a normal

dealer he will have benefit of ITC which he should pass on to MDL

1313 Bid Evaluation Clause - I) As per GST Law ITC is not available

a) For goods and services which are not in furtherance of business

b) In some cases for eg rent a car life insurance work contract services for

immovable property as mentioned under section 17 of GST Act 2017 In such cases

evaluation of bid is inclusive of GST quote by bidder

II) In all other cases ie goods and services not covered under sr no I above

evaluation of bid is exclusive of GST quoted by bidder

III) Further in the case of composition dealer since composition dealer is not

allowed to charge GST in such case evaluation of bid will be on the price quoted by

bidder

1314 For Overseas Bidder All taxes applicable outside India shall be borne by overseas

bidder

a In case of foreign bidders all taxes duties statutory levies and charges which

are to be paid for the delivery of goods amp services shall be paid by the parties

under the present contract in their respective countries MDL shall bear and pay

all taxes duties and statutory levies in India in connection with the execution

andor performance of this contract wrt deliverables delivered and service

rendered as per contract excluding income tax applicable on service charges

b Foreign bidder shall submit tax residency certificate (TRC) in Part ndashI offer In

case of remittances to foreign companies for services as per income tax act and

DTAA provisions TDS shall be carried out from the amount payable towards

services As per the extant applicability and existing rates following cases

pertaining to TDS are presented for clarity

i Case 1 (TRC is made available by foreign bidders) Tax deduction at

source (TDS) 15 of total service payment is applicable If this is

not agreed to by the bidder in the bid or during TNCCNC then this

shall be appropriately loaded as per applicable rates on the price for the

purpose of ranking However bidders to note that TDS rates DTAA

rates differ from country to country It varies from10 to 25

ii Case 2 (TRC is not made available by foreign bidders) Tax deduction

at source (TDS) at the rates as mentioned in the table below is

applicable If this is not agreed to by the bidder in the bid or during

TNCCNC then this shall be appropriately loaded as per applicable

rates on the price for the purpose of ranking These rates shall be as

under

GM(M)MTI2000007617Passivation Station

Page 17 of 45

Service Payment slabs (converted in

INR)

Rate of TDS applicable on total

service payment

Up to value of INR 1 Cr 2575

Above 1 Cr Up to 10 Cr 2626

Above INR 10Cr 270375

14 Loading Criteria Deviations sought by the bidder in respect of Custom Duty exemption

Freight Insurance Payment terms shall be loaded on the bidders quoted prices during price

evaluation by MDL Among the equal bids bidders with ISO 9000 series accreditation over

Non-ISO bidders firstly Manufacturers then their authorized dealers will be given preference

The loading criteria that will be adopted are detailed below amp also as per Enclosure-5

141 It is desirable that the bidder accepts the Payment Terms indicated in clause 9

above Varied payment terms quoted by bidders as compared to the terms stated

in the Tender document shall be normalized by applying SBI Prime Lending

Rate (prevailing at the time of opening of Price bid) plus 2 pa rate of interest

for the period at variation (For Indigenous bidder) amp for overseas bidder the bids

will be normalized at LIBOREURIBOR rate plus 2 for ranking of the bids

142 In case of Foreign supplier the basic cost (CIF) shall be the basis for comparison

of quoted price Custom Duty Custom clearance Port handling transport

charges to the yard will be added to CIF cost to arrive at door delivery cost

143 Delivery of the goods at MDL premises should be the responsibility of the

vendor However for unavoidable reasons if bids are exclusive of transport

andor insurance the same will be loaded at the cost to be incurred by MDL

144 For the additional delivery period sought by the bidder over the stipulated date of

delivery as per Tender 050 per completed week will be loaded to the quoted

price

145 Deviations sought in respect of Liquidated Damages (LD) Deviations sought in

respect of rate per week and or maximum ceiling in respect of liquidated

damages shall be loaded to the quoted price For eg The maximum ceiling

towards liquidated damages stipulated in the tender is 5 and the bidder seeks to

limit it to say 35 then the price quoted will be loaded by 15 If the rate of

LD per week is 05 per week or part thereof as per tender and the bidder seeks

it as say 04 per week or part thereof the maximum ceiling on L D as per

tender will first be equated to weeks (10 weeks in this case) and the rate proposed

by the bidder ie 04 will be multiplied by the so equated maximum Period

(which works out to 4) and the quoted price will be loaded accordingly by 1

Delivery being the essence of the contract it is desirable if the bidders adhere to

the stipulated clause

146 Deviations in respect of the period of Warranty shall be loaded to the quoted price

025 per month or part thereof This does not arise if the bidder quotes

additional price for the differential period

147 The ranking of price bids shall be done overall L1 basis excluding GST (ie total

of basic price exclusive of GST quoted by bidder) In these cases the variation in

statutory levies etc are not allowed unless the breakup in respect of taxes duties

GM(M)MTI2000007617Passivation Station

Page 18 of 45

are clearly and separately furnished in bid

148 For opening LC all charges outside India shall be borne by the Beneficiary

(supplier) Additional loading of prices (A) Towards charges incurred in LC opening

by MDL and (B) Interest for period of 20 days base rate of SBI+2 on payment

amount is to be considered while evaluating foreign bidders for ranking purpose

15 Ranking of Bids amp Determination of L-1 Bidders Ranking of price bids shall be done on overall L1 basis with exclusive of GST

If any variations in statutory levies the break up in respect of any charges is clearly

and separately furnished in the bid and the MDL is satisfied that the rates of taxes

indicated therein are in line with the tax law so that escalation due to variation in the

taxes can be justifiably considered to the extent legitimately allowable on the base

amount(s) indicated in the bid Therefore bidder is requested to show the break up

regarding taxes as applicable in the bid

Note 1 In case of overseas supplier the ldquoCIF cost+ Inspectiontesting charges+ Installation

Commissioning charges+ custom duty+ IGST (if ITC is not available) + Custom

Clearance +port handling +transportation charges to the yard if any + LC opening

charges + interest for period of 20 days base rate of SBI +2 on payment amount

ldquoshall be the basis for comparison of quoted price Custom duty IGST Custom clearance Port handling transport charges to the yard will be added to CIF cost to

arrive at door delivery cost

2 If Service Component exists in an offer from a foreign vendor then Tax Residency

certificate (TRC) should be submitted with Part I offer If no TRC is submitted then

the enhanced Income Tax rate and Service Tax thereon will be considered while

determining L-1

3 Techno-Commercially Qualified overall lowest bidder exclusive of GST will be

considered for the placement of order 4 On-line Ranking visible to the bidders after opening part II price bid is without

loading parameters However the L1 bidder will be evaluated offline after

consideration of all applicable loading parameters as mentioned in the tender

document and commercial terms

5 In case of any discrepancy in the Blank Rate Schedule Format and actual Online

Price Bid after opening of the Price Bids the details (GST) mentioned in the On-line

Price bids shall prevail over the details in blank rate schedule format

6 ldquoBasic costrdquo is defined as ldquoDoor delivery cost (excluding GST)rdquo which includes

packing amp forwarding Delivery insurance registration charges and any cost involved

as per scope of work towards material and services basic cost of Installation

commissioning and inspection amp testing

7 ITC can be availed by MDL for the items as notified under GST ACT 2017 ITC

can be availed by MDL for registered bidder and for unregistered bidder under

reverse charge mechanism Since no ITC can be availed in case of bidders registered

under composition scheme their quoted cost will be considered for ranking

comparison purpose

16 Consignee The Successful bidders shall arrange dispatch of goods by appropriate Rail Road

Sea Air transport mode as per the order to lsquoEAST YARD STORESrsquo and further to user dept

on working days (Monday to Friday) between 800 hrs to 1500 hrs (Lunch Time 1130 to 1200

hrs) In case trucktempo reaches our yard beyond above time the same may be retained over

night at your risk amp cost

An advance copy of invoices along with other relevant documents shall be forwarded to the

purchaser sufficiently in advance to enable clearance of cargo within allowed demurrage free

days to avoid demurrage In case of door delivery orders the supplier shall categorically direct

the transporter to deliver the ordered items without insisting for consignee copy of the Lorry

Receipt

GM(M)MTI2000007617Passivation Station

Page 19 of 45

17 Modifications to the Bids Bidder desirous of submitting modified bid prior to the closing

date and time may do so online not later than deadline of submission of bids Please note that

modified bid shall be submitted through e-procurement system only Bidder can change the

submitted bid any number of times till the closing time and the last changed bid will be

considered for ranking of the bids

18 PURCHASE PREFERENCE TO MAKE IN INDIA As per Public Procurement Order Ref No P-4502122017-B E-II Dtd 15062017 issued by Govt

of India to encourage ldquoMake in Indiardquo policy Purchase Preference shall be given to local suppliers

in the following manner

(a) The terminology definitions used in the said order is as below

(i) ldquoLocal contentrdquo means the amount of value added in India be the total value of items procured

excluding net domestic indirect taxes) minus the value of imported content in the item (including

all customs duties) as a proportion of the total value in percent

(ii) ldquoLocal Supplierrdquo means a supplier or service provider whose product or service offered for procurement meets the minimum local content as prescribed under the said Order or by the

competent Ministries Department in pursuance of said order A Local Supplier can be an Indian

or Foreign bidder

(iii) ldquoMargin of Purchase Preferencerdquo means the maximum extent to which the price quoted by

local supplier may be above the L1 for the purpose of purchase preference The margin of

purchase preference for the present tender is 20

(b) Minimum local content

(i) The minimum local content in the offer is to be not less than 50 for the present tender for a

bidder to be considered as a Local Supplier

(ii) The local content can be increased through partnerships cooperation with local companies

establishing production units in India or Joint Ventures (JV) with Indian suppliers increasing the

participation of local employees in services and training themrsquo

(iii) On opening of the price bids if it is identified that there is difference in price receive amp

declaration made and local content is now not meeting the specified tender requirement (ie only

on the quoted price without any loading) then such case will be processed without any purchase

preference

(c) Declaration by Local Supplier Local Supplier should declare that the item and service

offered meets the minimum local content amp indicate its percentage in their offer which shall meet

(or even offer more) required content as specified in tender This declaration is necessary even if

Custom Duty Exemption and or ERV (if applicable) are not being sought Following documents

are to be submitted in technical offer ndash

Part-I bid

(i) Local Component list ie Items and services which are being procured produced domestically

by supplier in the system equipment service offered against tender This list shall include all the

components raw materials sub services etc

(ii) Foreign Imported Component list ie Items and services which are being supplied by bidder

from outside India in the system equipment service offered against tender This list shall include

all the components raw materials sub services etc

(iii) Bidders shall give the details of the location(s) at which the local value addition is made

Additionally location(s) details from where foreign imported components are being supplied be

also informed

(iv) Bidders shall give the price break-up in percentage for ldquoLocal Componentrdquo and ldquoForeign

Imported Componentrdquo

(v) Custom duty applicable on FE component for all foreign items (vi) The Local Suppliers are required to provide self-certification as per Annexure-11

Note In cases of procurement for value in excess of Rs 10 Crores the local supplier shall be required to

provide a certificate from statutory auditor or cost auditor of the company (in case of companies)

or from a practicing cost accountant or practicing charted accountant (in respect of supplier other

GM(M)MTI2000007617Passivation Station

Page 20 of 45

than companies) giving the percentage of local content amp applicable item wise custom duty

Once the declaration certification is committed at tender submission stage the same cannot be

altered at technical negotiation stage or after award of contract otherwise would be treated

considered as false declaration by bidder

In the event of bidders not declaring or declaring less local content percentage in the offer MDL

will consider quote bid of such bidders with local content as ldquo0rdquo or ldquoNILrdquo ie the offers of such

bidders will be treated as a ldquoNon Local Supplierrdquo where no purchase preference shall be granted to these bidders

(d) If the Local Supplier is also a MSE Vendor seeking the benefit of Public Procurement Policy

for MSEs Order 2012 then such bidders should not seek benefits against the Preference to Make

in India policy ndash Order 2017 Such bidders should categorically seek benefits of only one policy

which cannot be modified subsequently once declared in the Annexure-A referred above while

submitting the bid

(e) Custom duty issue Imported FE content is inclusive of all custom duties which is required

for arriving local content Bidders to note the following about declaration of FE Content

(i) All bidders should upfront declare line item wise custom duty duly certified Such declared

custom duty percentage will only be considered for arriving local content

(ii) In the event if the rate of custom duty is found higher than the declared custom duty by bidder

then the bidderrsquos declaration shall be final for arriving L1 bid Also in such case the difference in

custom duty would be to bidders account In case of foreign bidders the same would be to bidders

account and shall not be borne or reimbursed by Shipyard

(iii) In the event of rate of custom duty happens to be lower at the time of clearance of goods then

actual custom duty shall be payable

(iv) Notwithstanding above local content shall be calculated based on the declared custom duty by

the bidder in techno-commercial bid

(f) Preference to Local Supplier The following procedure will be adopted for deciding on

preference to Local Supplier over a non-local supplier wrt Public Procurement (Preference to

Make in India) order 2017

(i) Among all qualified bids the lowest bid will be termed as L1 If L1 is from a local supplier the

contract will be awarded to L1

(ii) If L1 is not from a local supplier the lowest bidder among the local suppliers will be invited

to match the L1 price subject to local supplierrsquos quoted price falling within the margin of purchase

preference and contract shall be awarded to such local supplier subject to matching the L1 price

(iii) In case such lowest eligible local supplier fails to match the L1 price the local supplier with

the next higher bid within the margin of purchase preference shall be invited to match the L1 price

and so on and contract shall be awarded accordingly In case none of the local suppliers within the

margin of purchase preference matches the L1 price then the contract may be awarded to the L1

bidder

(g) Preference between LS and MSE Bidder This clause is applicable only if line items are

separable and MSE preference clause is also applicable Between the MSE and Local

Supplier the MSE bidder will be given preference to match with L1 bidder as per Public Procurement Policy for MSEs Order 2012 MSE vendor will be evaluated with L1+15 MSE

doesnrsquot fall under Public Procurement (Preference to Make in India) Order 2017 Local Supplier

will be evaluated with L1+20 (Margin of Purchase Preference ordinary) as per Public

Procurement (Preference to Make in India) Order 2017

(h) After the contract is awarded and the supplies are completed each supplier shall provide the supporting documentation towards realization of committed Local Content as per the contract

order terms amp conditions

In addition to these documents a ldquoLocal content certificaterdquo also shall be submitted stating the

percentage of local content in the items or services measured The ldquoLocal content certificaterdquo shall

be submitted along with the invoice

Note In cases of procurement for value in excess of Rs 10 Crores the local supplier shall be

required to provide a certificate from statutory auditor or cost auditor of the company (in case of

GM(M)MTI2000007617Passivation Station

Page 21 of 45

companies) or from a practicing cost accountant or practicing charted accountant (in respect of

supplier other than companies) giving the percentage of local content

(i) False declaration will be in breach of Code of Integrity under Rule 175(1)(i)(h) of GFR 2017

for which a bidder or its successor can be debarred for up to 2 years as per Rule 151(iii) of GFR

2017 along with such other actions as may be permissible under law

(j) Complaints Grievance Any complaints grievances relating to implementation of this order

shall be taken up by Public Grievance Cell of MDL headed by GM(F-PampS) Fees for filing a complaint under the order shall be Rs 10000- per case The complaints shall be filed to the

Chairman Public Grievance Cell The fee shall be deposited in MDLrsquos Account by NEFT

19 Public Grievance Cell A Public Grievance Cell headed by ED (East Yard) has been set up in

the Company Members of public having complaints or grievances are advised to contact him

on Wednesday between 1000 hours and 1230 hours in his EY-office MAZAGON DOCK

SHIPBUILDERS LIMITED Dockyard Road Mumbai - 400010 (022 ndash 23763506 23738368)

or send their complaints grievances to him in writing for redressal

20 Supply on MDL Holidays Request for permission for delivery on Saturday Sunday

holidays if required should be submitted 3 working days prior to the date of holiday to

Personnel department and Security through concerned Dept

21 Liquidated Damages Time is an essence of the contract therefore the job as ordered should be

completed on the dates mutually agreed upon in accordance with the delivery schedule In cases

of delay not attributable to Purchaser beyond the agreed schedule the Successful bidder shall pay

liquidated damages a sum representing 05 (Half per cent) per week or part thereof subject to

maximum of 5 of the final Order Contract value Vendor Contractor (Seller) will also be liable

to pay Liquidated Damages for late delivery of Manuals Drawings and Documentation as agreed

to by Purchaser and Vendor Contractor (Seller) and as stated in the Purchase Order The amount

of such damages will be clearly defined in the Purchase Order and may extend up to 5 of the

Order Value excluding taxes Applicability of LD will be considered as below -

1) Delay in manufacturing and supplydelivery of machinematerialitemsequipments at

MDL after dispatch clearance beyond specified schedule will attract LD 05 per week

or part thereof subject to maximum of 5

2) Delay in Installation trial Commissioning amp Training at MDL as per Work

completion date as certified by MDL user dept beyond specified schedule will attract

LD 05 per week or part thereof subject to maximum of 5 as per order

22 Hindrance Register All hindrances with date of occurrences and removal shall be noted in the

Hindrance Register The Hindrance Register shall be signed by the representatives of both MDL

as well as Contractor

23 Security Deposit (SD) The successful bidders shall have to submit Security Deposit for an

amount of 5 of the Order value excluding GST etc electronically through NEFT RTGS or

in the form of Bank Guarantee drawn in favor of MAZAGON DOCK SHIPBUILDERS

LIMITED Mumbai from the list of Banks approved by SBI Canara Bank published on MDL

Website within 25 days from the date of Order amp must be valid up to contract period plus one

month No interest will be paid on Security Deposit Please note that MDL does not extend any

concession such as exemption in payment of Security Deposit etc to any organization

irrespective of their status like registration with MDL NSIC SSI and MSME etc In case of

failure to submit Security Deposit within 25 days from the date of order placement EMD

submitted will be encashed and risk purchase clause would be invoked The Security Deposit

will be returned only after successful execution of the order and shall be interest free In the

event of failure to execute the order satisfactorily the Security Deposit will be encashed by

MDL If order is fully executed within 25 days from the date of purchase order submission of

security deposit is not applicable For delayed period of submission of SD beyond 25 days

from date of order bidder has to pay applicable interest In case the bidder is Indian Public

Sector Unit they shall submit the indemnity bond instead of Security Deposit Bidders may

advise their bankbanker to send BG directly to commercial department or through SWIFT to

dispense with additional step of verification of authenticity of signatories In case of BG

GM(M)MTI2000007617Passivation Station

Page 22 of 45

transmitted through SWIFT it shall be the responsibility of the bidder that he directs the

receiving banker to forward the message For delayed period of submission of SD beyond 25

days from date of order interest will be recovered as mentioned below

For Indian suppliers it will be SBAR plus 2 and EUROBORLIBOR plus 2 for Foreign

bidder Security Deposit will be returned only after successful execution of the order and shall

be interest free In the event of failure to execute the order satisfactorily the Security Deposit

will be encashed by MDL PSUs can submit Indemnity bond in lieu of Security deposit Bidders can submit SD amount

by using payment gateways through MDL website

24 Delivery ScheduleWork Completion Schedule and delivery term (For foreign bidders) The

entire scope of work ie Design manufacture Supply Installation Commissioning STW amp

Training to be completed within 6 months from the date of receipt of PO

1) Supplydelivery of machineItemsEquipmentsspares at MDL = within 20 weeks (CIF delivery) and

2) Time for transportation amp custom clearance time = 2 weeks

3) Installation Trials Training and Commissioning = Within 2 weeks

Delivery Term (1) Supply For Indigenous bidder Door DeliveryFOR MDL GRS Stores

For Overseas Bidder CIF Port of destination (Mumbai)

(2) Installation Commissioning STW Training -

For Overseas Bidders At MDL site

Training to be imparted to Non-executives-04 Nos for 7 days (1 week)

Delivery ScheduleWork Completion Schedule and delivery term (For Indigenous bidders) The entire scope of work ie Design manufacture Supply Installation Commissioning STW amp

Training to be completed within 6 months from the date of receipt of PO

1) Supplydelivery of machineItemsEquipmentsspares at MDL = within 22 weeks (CIF

delivery) and

2) Installation Trials Training and Commissioning = Within 2 weeks

Delivery Term (1) Supply For Indigenous bidder Door DeliveryFOR MDL GRS Stores

For Overseas Bidder CIF Port of destination (Mumbai)

(2) Installation Commissioning STW Training - For Indigenous Bidders At MDL site

Training to be imparted to Non-executives-04 Nos for 7 days (1 week)

25 Assistance for Installation Testing Commissioning Maintenance amp other Technical

activities 1 Services of engineersManpower in connection with assistance of delivery

loadingunloading installation setting-in-work testing tuning commissioning

training to be considered in the scope of supply

2 All machinery equipments Oxygenother fuel gas for cutting fork lift welding Tools

amp Tackles accessories spares Chemicals consumables Special tools Fixtures and

tackles Workshop and fabrication shop Calibration facility Local transportation and

Internal Transportation storage amp preservation materials Ist fill of Oil lubricants

grease amp other resources etc required for Installation commissioning work to be

arranged by contractor Crane facility for unloading the equipment at the site Space water compressed air and electric Power will be provided by MDL

During Guarantee Warranty period the entire maintenance repair job shall be carried out by

experienced service engineers amp technicians The supply of all necessary tools tackles and

instruments required for the preventive and breakdown maintenance of the equipment covered

by this contract shall be in contractorrsquos scope No sub-contracting will be allowed

26 Spares Post sale product support 1 The Bidder shall assure a continuous supply of spare parts for at least 10 years from

GM(M)MTI2000007617Passivation Station

Page 23 of 45

the date of commissioning of the machine at MDL

2 List of Service centers amp Setup details to be provided

3 Standard accessories required for making itemequipmentmachine operational amp

ready to use should be included in the scope of supply

4 All defective parts spares can either be repaired or replaced by new parts Spares

replaced will be either of same make or equivalent as suggested by the OEM after

consultation with MDL However the total responsibility of the quality of spares supplied or parts repaired shall be with the Contractor

3 If any defective partitemequipment required to be taken out to the service center by

the firm for the further repairing the firm shall be asked to submit the necessary

indemnity bondBG as required Taking out defective partitemequipment from MDL

and bringing back repaired part item equipment to MDL is in the firmrsquos scope of

work The firm has to bear all the transportation charges amp transit insurance

27 Inspection - (a) Receipt Inspection by MDL- MDL inspection cell amp User dept shall carry out necessary

inspection of the items on receipt in the MDL Yard on the basis of an appropriate MDL

Inspection system requirement along with the representative of user dept amp the Inspection

documents submitted by suppliers Any objection raised by MDL inspection team against

quality of material or workmanship shall be satisfactorily corrected by the supplier at his

expenses including replacement as may be required within shortest possible time within 30

days Items damaged during transit shall also be rectified or replaced by the supplier within

shortest possible time

(b) Rejection of the material Any portion of the equipment found defectiverejected the

supplier shall collect the same at his cost from the MDL Yard all incidental charges being

born by supplier (inclusive of custom duty if payable) within 30 days from the date of

intimation to the supplier of such rejection The MDL reserves the rights to dispose off the

rejected item at the end of a total period of 90 days in any manner to the best advantage to the

MDLamp recover storage charges amp any consequential damages from sale proceeds of such

disposal

(c) Final work completion certificate in respect of completion of entire scope of work will be

certified by MDL user dept

28 Purchase Preference for MSE - NA

29 Risk Purchase amp Cancellation of Order (a) If the equipment article service or any portion thereof be not delivered performed by

the scheduled delivery date period any stoppage or discontinuation of ordered supply

awarded contract without written consent by Purchaser or not meeting the required quality

standards the Purchaser shall be at liberty without prejudice to the right of the Purchaser

to recover Liquidated Damages penalty as provided for in these conditions or to any

other remedy for breach of contract to terminate the contract either wholly or to the extent

of such default Amounts advanced or part thereof corresponding to the undelivered

supply shall be recoverable from the Contractor Bidder at the prevailing bank rate of interest

(b) The Purchaser shall also be at liberty to purchase manufacture or supply from stock as it

deems fit other articles of the same or similar description to make good such default and

or in the event of the contract being terminated the balance of the articles of the

remaining to be delivered there under Any excess over the purchase price cost of

manufacture or value of any articles supplied from the stock as the case may be over the

contract price shall be recoverable from the Bidder Vendor Contractor

(c) The Purchaser reserves the right to cancel an order forthwith without any financial

implications on either side if on completion of 50 of the scheduled deliveryCompletion

period the progress of manufactureSupply is not to the satisfaction of Purchaser and

failure on the part of the BidderVendorContractor to comply with the delivery schedule

is inevitable In such an event the BidderVendorContractor shall repay all the advances

GM(M)MTI2000007617Passivation Station

Page 24 of 45

together with interest at prevailing bank rates from the date of receipt of such advances till

date of repayment The title of any property delivered to Purchaser will be reverted to the

BidderVendorContractor at his cost

(d) In case of breach non-compliance of any of the agreed terms amp conditions of order

contract MDL reserves the right to recover consequential damages from the vendor

contractor on account of such premature termination of contract

(e) In case of delay beyond agreed period for liquidated damages or 10weeks from

contractual delivery period whichever is earlier MDL reserves the right to cancel the

order and procure the order items services from any available source at MDLrsquos option amp

discretion and entirely at your risk and cost Extra expenditure incurred by MDL in doing

will be recoverable from Bidder Supplier Contractor

30 Freak Low Quotes In case after opening of price bid of technically cleared firms it is noted that L-1 firm has quoted very low rates and indicates to withdraw from the tender then EMD shall be

forfeited and firm may be given tender holiday including intimation to other PSUs If the rates

quoted are less than MDL estimates by 40 or so and if the difference in rate between L1 and L2

is 30 or more than the firm will have to give additional BG of 20 of the PO value excluding

GST as additional security Bank charges for this additional BG shall be borne by MDL and

reimbursed against proof of payment

31 Indemnity - The Bidder Vendor Contractor his employees licencees agents or Sub-Vendor

Sub-contractor while on site of the Purchaser for the purpose of this contract indemnifies the

Purchaser against direct damage and or injury to the property and or the person of the Purchaser or

that of Purchasers employees agents Sub- Contractors Suppliers occurring and to the extent

caused by the negligence of the Bidder Vendor Contractor his employees licencees agents or

Sub-contractor by making good such damages to the property or compensating personal injury

and the total liability for such damages or injury shall be as mutually discussed and agreed to

You shall hold harmless and keep MDL indemnified against all claims arising as a result of

infringement of any patent rights on account of manufacture sale or use of article covered by

the order

32 MDL reserves the right to consider placement of Order Contract in part or in full against the

tendered quantity or item MDL reserves the right to place order on FOB or CIF basis

33 MDL shall not be bound by any printed conditions or provisions in the sellers bid forms or

acknowledgement of contract invoices packing list and any other documents which purport to

impose any conditions at variance with the tender terms final negotiated amp accepted terms

34 Bidders can participate in online bidding

a) By registering with above referred portal for User ID and password

b) By obtaining class III DSC (Digital Signature Certificate) for secured bidding

35 In case of improper on-line filling of Acceptance Formats for Tender Enquiry Form General

Terms amp Conditions (GTampC) and Standard Terms amp Conditions (STACS) it shall be

presumed that all our tender terms amp conditions are acceptable to you

36 In case of any clarifications bidders are requested to contact the undersigned before the closing

date of the tender Bidders can also contact toll-free customer help line of e-procurement portal

httpseprocuremdlnicin ASP on email id eproc-supportgovin Ph no 0120-4200462 0120-

4001002

Bidders intending to witness the Tender opening shall log on to httpseprocuremdlnicin

using digital signatures for witnessing the opening

GM(M)MTI2000007617Passivation Station

Page 25 of 45

37 We look forward to your participation in on-line bidding by offering your most competitive

and reasonable bid against this tender

Yours faithfully

For MAZAGON DOCK LIMITED

M Tanweer Iqbal

CM(C-MP)

Enclosure - 1 Instructions to the Bidders

Enclosure - 2 Illustrative format amp guideline for quoting prices in online Price Bid

Enclosure - 3 Standard Terms amp Conditions (STACS)

Enclosure - 4 General Terms amp Conditions (GTampC)

Enclosure - 5 Loading Factors

Enclosure - 6 Format of Letter of Credit

Enclosure 7 Bank Guarantee Format for EMD

Enclosure 8 Bank Guarantee Format for SD

Enclosure 9 Bank Guarantee Format for PBG

Enclosure - 10 MDL bank details for NEFTRTGS EMDSD transfer

Enclosure 11 Shipping Instruction for Sea amp Air Consignments

Note These Enclosuredocuments to be down loaded from our Website under below linkpath-

wwwmazagondockgovin gt Tenders gt Shipbuilding gt ldquoEnclosures Related to Tender Documents from Material

Purchase Deptrdquo

GM(M)MTI2000007617Passivation Station

Page 26 of 45

Enclosure ndash 1

Instructions to the Bidders for uploading the Techno-Commercial Bid and the Price Bid through E-

Procurement Portal

bullbullbullbull Official service provider for the website is NIC

E-mail eproc-supportgovin Office Ph No 0120-4200462 0120-4001002 Ph No +91-8826246593

bullbullbullbull Pre-requisites for up-loading the Techno-Commercial Bid

(i) Compatible computer hardware software set-up to access e-procure website

(ii) ldquoDigital Signature Certificaterdquo class III B (DSC) is a must for downloading the tender and uploading

the techno commercial offer from our website httpseprocuremdlnicin

(iii) ldquoDigital Signature Certificaterdquo class III B (DSC) can be obtained from our service provider

bullbullbullbull To ensure availability of above prerequisite is bidders responsibility

(i) It is mandatory to upload the complete techno-commercial offer and the price bid on e-

procurement

(ii) No part of the bid other than original EMD (if applicable) shall be accepted physically hard copy

outside e-procurement

(iii) Price bids shall strictly be uploaded in appropriate allotted place in the tender available in e-

procurement so that it remains secured encrypted unreadable in the system

(iv) In no circumstances the price bids shall be forwarded or uploaded in any other form

(v) Entire responsibility of the uploading of the complete techno-commercial bid along with the price

bid shall be that of the bidder

(vi) No request complaint shall be entertained after the due datetime of the tender

(vii) Non availability of any of the prerequisites or last minute calls seeking clarifications projecting

problems shall not entitle a bidder to seek request for extension of due date

(viii) Any problem with regard to uploading of the tender shall be intimated to NIC at least 24 hours in

advance to the tender closing time amp date However it will not be considered as reason for extension

of due date of the tender

(ix) Request for extension if at all to be made shall be forwarded at least 3 working days in advance to

the tender closing date time with proper reasoning The request shall be put up to the competent

authority for consideration on the merit of the case MDL reserves all rights in this regard amp decision

of MDL shall be binding to the applicant

It is important to note that the bidders can upload their bids right from the time the tender is available

at website It is advisable that the bidder uploads the bid well in time rather than wait till last minute

to avoid situations wherein he is unable to successfully upload the bid for various reasons which

cannot be addressed then due to lack of time

bullbullbullbull Special instructions to Bidders for online bidding

GM(M)MTI2000007617Passivation Station

Page 27 of 45

(i) Bidders should login well in advance to enable them to complete their bid submission before the

closing time of the tender

(ii) Bidders should submit their bid well in advance to avoid last minute frantic calls

(iii) Bidders should follow all the instructions enlisted on the front page of e-procure web page

(iv) Bidders should ensure Hardware amp Software compatibility as well as Digital Signature available on

front page of e-procure web site Request for extension of due date shall not be entertained due to

non-availability of these tools

bullbullbullbull Bidders to participate in on-line bidding

(i) By registering with above referred portal for User ID and password

(ii) By obtaining class III DSC (Digital Signature Certificate) for secured bidding

NOTE In case any vendor intending to respond against the tender and is not having the DSC to facilitate

uploading of his bid should approach the Service Provider at least 10 working days in advance of the tender

closing date requesting DSC The request so made to the Service Provider should simultaneously be

forwarded to MDL Dealing Officer In case the DSC is not received within 3 to 4 working days the GM (M)

be informed and the DSC if not received from the Service Provider three working days in advance for

suitable extension to tender closing date then only the tender due date shall be considered

GM(M)MTI2000007617Passivation Station

Page 28 of 45

Annexure-2

Illustrative format amp guideline for quoting prices in online Price Bid

Below format of price bid will appear online Indigenous bidders to follow instructions given in each respective

cell while quoting their cost in online price bid -

Item Sr no 1

Material Description As per clause No 1

Quantity As per clause No 1

Set Set

Currency INR USD EURO

For Indian Bidder Basic Unit Rate in INR only

For Foreign Bidder CIF Rate to be entered by the foreign

currency

To be quoted

of CGST+SGST or IGST on Basic rate To be quoted

Installation Commissioning Charges per Unit To be quoted

of CGST+SGST or IGST on Installation Commissioning

Charges To be quoted

Inspection Testing Charges per Unit To be quoted

of CGST+SGST or IGST on Inspection Testing Charges To be quoted

GM(M)MTI2000007617Passivation Station

Page 29 of 45

Enclosure-3

STANDARD TERMS AND CONDITIONS (STACS) 101 The word Purchaser refers to MAZAGON DOCK SHIPBUILDERS LIMITED (MDL) a Company

registered under the Indian Companies Act 1913 and it includes its successors or assignees

102 The word BidderVendorContractor means the person firm Company who undertakes to

manufacture and or supply and or undertake work of any nature assigned by the Purchaser from time to time

and includes its successors or assignees

103 The word Owner means the person or authority with whom MAZAGON DOCK SHIPBUILDERS

LIMITED (Purchaser) has contracted to carry out work in relation to which orders are placed by the

Purchaser on the BidderVendorContractor under this contract for supply or manufacture of certain items

and would include Department of Defence Production Ministry of Defence Government of India the Indian

Navy the Coast Guard and any other specified authority

120 GENERAL 121 Unless otherwise indicated specifically by the bidder contractor in his bid it shall be construed as his

acceptance of all the conditions mentioned in this STACS

200 COMMUNICATION amp LANGUAGE FOR DOCUMENTATION 201 Any letter facsimile message e-mail intimation or notice sent to the BidderVendorContractor at the

last known address mentioned in the offer order shall be deemed to be valid communication for the purpose

of the ordercontract Unless stated otherwise by the purchaser Language for communication amp all

documentation shall be same which the Purchaser has used in the tender enquiry

210 PURCHASERrsquoS PROPERTY 211 All property (such as materials drawings documents etc) issued by the Purchaser or any other

individual or firm on behalf of the Purchaser in connection with the contract shall remain confidential being

the property of the Purchaser and the BidderVendorContractor shall undertake to return all such property so

issued and will be responsible for any or all loss thereof and damage thereto resulting from whatever causes

and shall reimburse the Purchaser the full amount of loss and damage

212 On completion of work in any compartment location of the purchaserrsquos premises the

BidderSupplierContractor must ensure that the place is left in a reasonably clean state and all scrap is

transferred to nearby scrap-bins

220 RISK PURCHASE 221 If the equipment article service or any portion thereof be not delivered performed by the scheduled

delivery date period any stoppage or discontinuation of ordered supply awarded contract without written

consent by Purchaser or not meeting the required quality standards the Purchaser shall be at liberty without

prejudice to the right of the Purchaser to recover Liquidated Damages penalty as provided for in these

conditions or to any other remedy for breach of contract to terminate the contract either wholly or to the

extent of such default Amounts advanced or part thereof corresponding to the undelivered supply shall be

recoverable from the Contractor Bidder at the prevailing bank rate of interest

222 The Purchaser shall also be at liberty to purchase manufacture or supply from stock as it deems fit

other articles of the same or similar description to make good such default and or in the event of the contract

being terminated the balance of the articles of the remaining to be delivered there under Any excess over the

purchase price cost of manufacture or value of any articles supplied from the stock as the case may be over

the contract price shall be recoverable from the Bidder Vendor Contractor

230 RECOVERY ADJUSTMENT PROVISIONS 231 Payment made under one order shall not be assigned or adjusted to any other order except to the extent

agreed upon in writing by the Purchaser During the currency of the contract if any sum of money is payable

by the Bidder Vendor Contractor the same shall be deducted from any sum then due or thereafter may

become due to the Bidder Vendor Contractor under the contract or any other contract with the Purchaser

240 ADDITIONAL BANK GUARANTEE In case after opening of price bid of technically cleared firms it is noted that L-1 firm has quoted very low

rates and indicates to withdraw from the tender then EMD shall be forfeited and firm may be given tender

holiday including intimation to other PSUs If the rates quoted are less than MDL estimates by 40 or so and

if the difference in rate between L1 and L2 is 30 or more then the firm will have to give additional BG of

20 of the PO value as additional security Bank charges for this additional BG shall be borne by MDL and

reimbursed against proof of payment

250 INDEMNIFICATION 251 The Bidder Vendor Contractor his employees licencees agents or Sub-Vendor Sub-contractor

while on site of the Purchaser for the purpose of this contract indemnifies the Purchaser against direct

GM(M)MTI2000007617Passivation Station

Page 30 of 45

damage and or injury to the property and or the person of the Purchaser or that of Purchasers employees

agents Sub- Contractors Suppliers occurring and to the extent caused by the negligence of the Bidder

Vendor Contractor his employees licencees agents or Sub-contractor by making good such damages to the

property or compensating personal injury and the total liability for such damages or injury shall be as

mutually discussed and agreed to

260 TRANSFER OF VENDORS CONTRACTORrsquoS RIGHTS 261 The Bidder Vendor Contractor shall not either wholly or partly sell transfer assign or otherwise

dispose of the rights liabilities and obligations under the contract between him and the Purchaser without

prior consent of the Purchaser in writing

270 SUBCONTRACT amp RIGHT OF PURCHASER 271 The Bidder Vendor Contractor under no circumstances undertake or subcontract any work contract

from or to any other Sub-contractor without prior written approval of the Competent Authority of Purchaser

In the event it is found that such practice has been indulged in the contract is liable to be terminated without

notice and the Bidder Vendor Contractor is debarred all from future tender enquiries work orders

However in no circumstances a contractor is permitted to subcontract any part of the contract to the bidders

who had quoted for the concerned tender

280 PATENT RIGHTS 281 The Bidder Vendor Contractor shall hold harmless and keep the Purchaser indemnified against all

claims arising as a result of infringement of any patent copy rights on account of manufacture sale or use of

articles covered by the order

290 AGENTS AGENCY COMMISSION

291 The seller confirms and declares to the buyer that the seller is the original manufacturer or authorized

distributorstockiest of original manufacturer of the stores referred to in this contract and has not engaged any

individual or firm whether Indian or foreign whatsoever to intercede facilitate or in any way to

recommended to the Buyer or any of its functionaries whether officially or unofficially to the award of the

Contract Purchase order to the Seller nor has any amount been paid promised or intended to be paid to any

such individual or firm in respect of any such intercession facilitation or recommendation The Seller agrees

that if it is established at any time to the satisfaction of the Buyer that the present declaration is in any way

incorrect or if at a later stage it is discovered by the Buyer that the Seller has engaged any such

individualfirm and paid or intended to pay any amount gift reward fees commission or consideration to

such person party firm or institution whether before or after the signing of this Contract Purchase order

the Seller

will be liable to refund that amount to the Buyer

Tender no GM (M)GRA2000007246 Page 16 of 26

The seller will also be debarred from participation in any RFQTender for new projectsprogram with Buyer

for a minimum period of five years

The buyer will also have a right to consider cancellation of the Contract either wholly or in part without any

entitlement or compensation to the Seller who shall in such event be liable to refund all payments made by

the buyer in terms of the Contract along with interest at the rate of 2 per annum above LIBOR (London

Inter Bank Offer Rate) (for foreign vendors) and base rate of SBI plus 2 (for Indian Vendors)

The Buyer will also have the right to recover any such amount from any contracts concluded earlier with

Buyer

300 USE OF UNDUE INFLUENCE CORRUPT PRACTICES

301 The Bidder Supplier Contractor undertakes that he has not given offered or promised to give directly

or indirectly any gift consideration reward commission fees brokerage or inducement to any person in

service of the Purchaser or otherwise in procuring the contract or forbearing to do or for having done or

forborne to do any act in relation to the obtaining or execution of the Contract with the Purchaser for showing

or forbearing to show favour or disfavour to any person in relation to the Contract or any other Contract with

the Purchaser Any breach of the aforesaid undertaking by the Bidder Supplier Contractor or any one

employed by him or acting on his behalf (whether with or without the knowledge of the Bidder Supplier

Contractor) or the commission of any offence by the Bidder Supplier Contractor or any one employed by

him or acting on his behalf as defined in Chapter IX of the Indian Penal Code 1980 or the Prevention of

Corruption Act 1947 or any other Act enacted or the prevention of corruption shall entitle the Purchaser to

cancel the contract and all or any other contracts with the Bidder Contractor Supplier and recover from the

Bidder Supplier Contractor the amount of any loss arising from such cancellation Decision of the

Purchaser or his nominee to the effect that a breach of the undertaking has been committed shall be final and

binding on the Bidder Supplier Contractor

302 The Bidder Supplier Contractor shall not offer or agree to give any person in the employment of

GM(M)MTI2000007617Passivation Station

Page 31 of 45

Purchaser any gift or consideration of any kind as Inducement or reward for doing or forbearing to do or

for having done or forborne to do any act in relation to the obtaining or execution of the contracts Any

breach of the aforesaid condition by the Bidder Supplier Contractor or any one employed by them or

acting on their behalf (whether with or without the knowledge of the Bidder Supplier Contractor) or the

commission of any offence by the Bidder Supplier Contractor or by any one employed by them or acting

on their behalf which shall be punishable under the Indian Penal Code 1980 andor the Prevention of

Corruption by Public Servants shall entitle Purchaser to cancel the contracts and all or any other contracts

and then to recover from the Bidder Supplier Contractor the amounts of any loss arising from such

contracts cancellation including but not limited to imposition of penal damages forfeiture of Security

Deposit encashment of the Bank Guarantee and refund of the amounts paid by the Purchaser

303 In case it is found to the satisfaction of the Purchaser that the Bidder Supplier Contractor has

engaged an Agent or paid commission or influenced any person to obtain the contract as described in clauses

relating to Agents Agency Commission and use of undue Influence the Bidder Supplier Contractor on a

specific request of the Purchaser shall provide necessary information inspection of the relevant financial

document information

310 IMMUNITY OF GOVERNMENT OF INDIA CLAUSE 311 It is expressly understood and agreed by and between Ms (Bidder Supplier Contractor) and

MAZAGON DOCK SHIPBUILDERS LIMITED Dockyard Road Mumbai - 400 010 (MDL) is entering

into this Agreement solely on its own behalf and not on the behalf of any person or entity In particular it is

expressly understood and agreed that the Government of India is not a party to this Agreement and has no

liabilities obligations or rights hereunder It is expressly understood and agreed that MDL is an independent

legal entity with power and authority to enter into contracts solely in its own behalf under the applicable of

Laws of India and general principles of Contract Law The (Bidder Supplier Contractor) expressly agrees

acknowledges and understands that MDL is not an agent representative or delegate of the Government of

India It is further understood and agreed that the Government of India is not and shall not be liable for any

acts omissions and commissions breaches or other wrongs arising out of the contract Accordingly (Bidder

Supplier Contractor) hereby expressly waives releases and foregoes any and all actions or claims including

cross claims impleader claims or counter claims against the Government of India arising out of this contract

and covenants not to sue Government of India in any manner claim cause of action or thing whatsoever

arising of or under this Agreement

320 EXPORT LICENCE 321 The export licenses that may be required for delivery of the various itemsequipment to MDL shall be

arranged by the Bidder Supplier Contractor from the concerned authorities in their country without any

time amp cost implications on the Purchaser

330 BANNED OR DE-LISTED CONTRACTORS VENDORS 331 The Bidder Vendor Contractor declares that they being Proprietors Directors Partners have not

been any time individually or collectively blacklisted or banned or de-listed by any Government or quasi

Government agencies or PSUs If a bidderrsquos entities as stated above have been blacklisted or banned or delisted

by any Government or quasi Government agencies or PSUs this fact must be clearly stated and it may

not necessarily be a cause for disqualifying him

340 DUTY OF PERSONNEL OF SUPPLIERVENDOR 341 MDL being a Defence Organization Bidder Vendor Contractor undertakes that their personnel

deployed in connection with the entrusted work will not indulge in any activities other than the duties

assigned to them

350 DISPUTE RESOLUTION MECHANISM AND ARBITRATION

351 DISPUTE RESOLUTION MECHANISM (DRM) i) Any disputedifferences between the parties arising out of and in connection with the contract shall be

settled amicably by mutual negotiations

ii) In case of non-settlement by (i) above if at any time before during or after the contract period any

unsettled claim dispute or difference arose between the parties upon or in relation to or in connection with

or in any way touching or concerning this tenderagreementordercontract the same shall be referred to the

concerned Functional Director

The Functional Director shall then nominate an Executive of the rank of General Manager whom he thinks fit

and competent or a Committee of Executives whowhich shall then scrutinise the claimsdisputes that have

been referred to the concerned functional Director and make efforts for amicable settlements by mutual

discussionsnegotiations

iii) In case no amicable settlement is arrived by (ii) above within a period of three months then the contractor

shall approach Public Grievance Cell and address the disputes as per the provisions made under the relevant

GM(M)MTI2000007617Passivation Station

Page 32 of 45

clause of the contract

iv) In case the issuesdisputes do not get settled within a period of six months from the date of

submission of the dispute to the Grievance Cell then the contractor may invoke Arbitration Clause of the

contract

352 ARBITRATION Unresolved disputesdifferences if any shall then be settled by arbitration The

Arbitration proceedings shall be conducted at Mumbai India in English Language under the Arbitration amp

Conciliation Act 1996

MDL prefers to have arbitration through Institutes such as Indian Council of Arbitration (ICA)ICA-DR with

the mutual consent of the parties

353 In case of unresolved differencedispute between the Purchaser and Supplier being Central Public

Sector EnterprisesCentral Govt departments the disputes shall be resolved firstly through mutual discussion

or through the empowered agencies of the Govt or through arbitration by reference by either party to the

department of Public Enterprises as per extant guidelines If disputesdifferences remain

unresolvedunexecuted the same shall be referred first to the Cabinet Secretariat and then if necessary to the

PMO

354 Any changes to arbitration clause must be vetted by HOD (Legal) before incorporation in

contractPO

360 JURISDICTION OF COURTS 361 All contracts shall be deemed to have been wholly made in Mumbai and all claims there under are

payable in Mumbai City and it is the distinct condition of the order that no suit or action for the purpose of

enforcing any claim in respect of the order shall be instituted in any Court other than that situated in Mumbai

City Maharashtra State India ie courts in Mumbai shall alone have jurisdiction to decide upon any dispute

arising out of or in respect of the contract

-----------------------

GM(M)MTI2000007617Passivation Station

Page 33 of 45

Enclosure-4

GENERAL TERMS amp CONDITIONS (GTampC)

A10 Blank

A20 SECURITY DEPOSIT A21 The successful bidder shall submit a Security Deposit 5 of the contract order value (excluding

taxes duties freight service component) of the Order in the form of Demand Draft Bank Guarantee in the

prescribed format in favour of Purchaser within 25 days from date of Contract The Security Deposit will be

returned only after the successful execution of the order contract Refund of Security Deposit whenever

considered admissible by the Purchaser shall be without interest only

A30 FORFEITURE OF EMD BID BOND A31 In cases of withdrawal of bid during validity period or during any extension granted thereof non

acceptance of agreed conditions of Technical and or Commercial and or Price Negotiations non-submission

of the security deposit and or non-acceptance of the order the EMD or bid security will be forfeited or

encashed as the case may be

A40 FORFEITURE OF SECURITY DEPOSIT A41 Non-performance of agreed terms and or defaultbreach by BidderVendorContractor will result in

forfeiture of security deposit with application of risk purchase provisions as felt appropriate by the Purchaser

A50 FORFEITURE OF PERFORMANCE GUARANTEE A51 In the event of BidderVendorContractor failure to attend the Guarantee defects within a reasonable

period of time the Performance Bank Guarantee will be encashed by the Purchaser The Purchaserrsquos decision

shall be final and binding on BidderVendorContractor

A60 SUPPLIES A61 The equipment products items Services to be supplied shall be strictly in accordance with the

Drawings Specifications Requirements indicated in the Tender Enquiry Order with deviations if any as

mutually accepted

A70 PROGRESS REPORTING amp MONITORING A71 Where so stipulated in the order the Bidder Supplier Contractor shall render such reports from time

to time as regards the progress of the contract and in such a form as may be called for by the Purchaser

A80 CANCELLATION OF ORDER A81The Purchaser reserves the right to cancel an order forthwith without any financial implications on either

side if on completion of 50 of the scheduled deliveryCompletion period the progress of

manufactureSupply is not to the satisfaction of Purchaser and failure on the part of the

BidderVendorContractor to comply with the delivery schedule is inevitable In such an event the

BidderVendorContractor shall repay all the advances together with interest at prevailing bank rates from the

date of receipt of such advances till date of repayment The title of any property delivered to Purchaser will

be reverted to the BidderVendorContractor at his cost

A82 In case of breach non-compliance of any of the agreed terms amp conditions of order contract MDL

reserves the right to recover consequential damages from the vendor contractor on account of such

premature termination of contract

A83 In case of delay beyond agreed period for liquidated damages or 10weeks from contractual delivery

period whichever is earlier MDL reserves the right to cancel the order and procure the order items services

from any available source at MDLrsquos option amp discretion and entirely at your risk and cost Extra expenditure

incurred by MDL in doing will be recoverable from Bidder Supplier Contractor

A90 PRESERVATION AND MAINTENANCE

A91 Should any material require any preservation till its final installationfitment the detailed procedure

(Long term amp short term) for the same as also the time of interval after which the state of preservation needs

to be reviewed is to be stated by the BidderVendorContractor

A92 Further the de-preservation prior to the materialequipment being commissioned and the maintenance

procedure together with its periodicity is also to be indicated by the Bidder Vendor Contractor

A93 The Bidder Vendor Contractor in their offer must confirm that indigenous oil lubricants and

preservatives etc can be used in the equipment The bidder must also give assurance that the equipment

performance will not be downgraded by use of indigenous equivalents

A100 FREIGHT amp INSURANCE

A101 For Indigenous Bidders In cases where the offers are for Door Delivery to Purchaser transit freight

amp Insurance charges shall be borne by the Bidder Supplier Contractor In other agreed cases of Ex-works

Ex-Transporters warehouse or Railway godown offers the Bidder Supplier Contractor on dispatch shall

give details of materials with dispatch particulars and their value in time to Purchasers Insurance Company

GM(M)MTI2000007617Passivation Station

Page 34 of 45

on the contact details as provided in the order In such agreed cases the freight amp insurance charges will be

paid by the purchaser directly to the parties concerned

A102 For Foreign Bidders For overseas supplies on CIF port of dispatch basis Transit Insurance shall be

arranged by the Purchaser The Bidder Supplier Contractor shall immediately on despatch of the

items inform all relevant details of despatch such as Order number Bill of LadingAWB number

marked as Freight Paid Insurance policydocument number of packages value of consignment

invoice number in time directly to Purchasers Insurance company amp Purchaser on the contact details

as provided in the order In case of delivery term other than CIFCIP the freight amp insurance charges

will be paid by the purchaser directly to the parties concerned

A110 TAXES amp DUTIES STATUTORY LEVIES A111 Taxes and duties applicable if any shall be regularized by MDL by issuing necessary exemption

certificates in respect of procurement for Defence Projects Bidder shall indicate separately the GST and

duties applicable in their offer When the items qualify for exemption partlyfully but the supplier did not

avail of the same the amount of taxes and duties on such supplies shall be to supplierrsquos account In cases

where exemption certificates are not issued for any reason taxes shall be paid as indicated in the Purchase

OrderContract Tax deduction at source will be effected wherever applicable (eg TDS under Income tax

Act TDS on Works Contract under GST Act etc) from the bills of the Supplier as per statutes Similarly

where payment of Custom duty is agreed to and stipulated in the Purchase Order Contract the same will be

paid by the Purchaser on receipt of supplierrsquos bills along with Custom Certified Duty Paid Challan-Money

Receipt in original or carbon copy as relevant These Challans Receipts Bill of Entry are to be drawn issued

in the name of lsquoMAZAGON DOCK SHIPBUILDERS LIMITEDrsquo only Where payment of GST is agreed to

and stipulated in the Purchase Order Contract the same will be paid by the Purchaser on the basis of

Suppliers TAX INVOICE wherein the GST Number along with HSN SAC code is indicated in the Invoice

A120 DEMURRAGE A121 Storage and Demurrage charges will be payable by the Bidder Vendor Contractor for all shipments

that reach purchaser without proper dispatch documentations Lorry Receipts not accompanied by packing

lists invoices etc The Supplier shall be responsible for fines due to errors or omissions in description weight

or measurements and for increased handling charges due to improper packing

A130 INSPECTION TESTING A131The ordered items will be inspected either by Classification Society Nominated Agency and or by

Inspection Officer nominated by Purchaser at stages defined in the tender Purchase Order or as agreed to be

defined subsequently in terms of the Purchase Order

A132 The decision of the Inspecting Authority or their representatives as the case may be on any question

of the intent meaning and the scope of Specifications Standards shall be final conclusive and binding on

the Bidder Vendor Contractor

A133 The Bidder Vendor Contractor shall accord all facilities to Purchasers Inspectors Nominated

Agency to carry out Inspection Testing during course of manufacture final testing

A140 RECEIPT INSPECTION BY MDL A141 MDL shall carry out necessary inspection of the items on receipt on the basis of an appropriate quality

assurance system and inspection system requirements along with representative of the Owner Any objection

raised by MDL Quality Control Team against quality of materials or workmanship shall be satisfactorily

corrected by the Contractor at his expense including replacement as may be required within shortest possible

time within 30 days Items damaged during transit shall also be rectified replaced by the Contractor within

shortest possible time payment for which shall be made at mutually agreed rates

A150 REJECTION OF MATERIALS A151 Should the articles or any portion thereof of the equipment be found defective rejected the Bidder

Vendor Contractor shall collect the same from the Purchasers Stores all incidental charges being borne by

him (inclusive of Custom duty if payable) within 30 days from the date of intimation to the Bidder Vendor

Contractor of such rejection The Purchaser reserves the right to dispose off the rejected items at the end of

a total period of 90 days in any manner to the best advantage to the Purchaser and recover storage charges

and any consequential damages from sale proceeds of such disposal

A160 TECHNOLOGICAL DEVELOPMENTS MODIFICATIONS

A161 The Bidder Supplier Contractor shall unconditionally and free of cost to the Purchaser transfer

information on technological developments innovations modifications which the BidderSupplier

Contractor would evolve in future (within 3 years) in relation to the supplied equipment To enable this the

Purchasers address shall be added to the Bidder Supplier Contractorrsquos mailing list or database or any other

document maintained for dissemination of product information and the Purchaser shall be informed of the

GM(M)MTI2000007617Passivation Station

Page 35 of 45

action taken in this regard If such improvements modifications are brought in by the Bidder Supplier

Contractorrsquos Design Department in the course of manufacture of equipment ordered by the Purchaser the

Bidder Supplier Contractor shall incorporate such improved versions in the equipment without any extra

cost to the Purchaser under Purchaserrsquos prior consent

A162 If the Purchaser be desirous of getting incorporated all post supply modifications improvements

arising out of technological developments to the original equipment supplied by the Bidder Supplier

Contractor the Bidder Supplier Contractor shall quote for and carry out all such modifications to the

equipment

A163 Where the whole or a portion of the equipment has been specifically developed by the Bidder

Supplier Contractor for the Owner and the latter would through the Purchaser be bearing the entire or part

of the development cost incurred by the Bidder Supplier Contractor the design rights for the whole or

portion thereof of the equipment as appropriate shall vest in the Owners

A164 Prior approval of the Owner should be obtained before similar articles are sold supplied to any other

party other than the Owner If such approval is given and sale is effected the Bidder Supplier Contractor

shall pay to the Owner royalty at the rate mutually agreed to

A165 The Sub-contractor Supplier Supplier shall continue to support the equipment for a minimum period

of 20 years from the date of supply by making available spare parts and assemblies of the equipment

supplied Should the Sub-contractor Supplier Supplier decides to discontinue the product for any reason

whatsoever adequate notice shall be given to the Purchaser Owner to enable procurement of the requisite

lifetime spares

A170 PURCHASERrsquoS RIGHT TO ACCEPT ANY BID PART OF BID AND TO REJECT ANY OR

ALL BIDS A171 The Purchaser reserves the right to accept and or reject any or all tenders and or to withdraw the tender

in Toto and or award the contract order in full or part to more than one vendor contractor without

assigning any reason whatsoever and without thereby incurring any liability to the affected Bidder or Bidders

or any obligations to inform the affected Bidder or Bidders of the grounds for MDL action

A180 BANK GUARANTEE INSURANCE COVER FOR FREE ISSUE MATERIAL A181 The Bidder Supplier Contractor shall furnish Bank Guarantee insurance Cover equivalent to the

value of materials supplied by MDL free of cost valid up to the execution of the contract delivery of

material inspected accepted and receipt at MDL together with the material reconciliation statement

whichever is later

A190 BIDDERrsquoS RESPONSE IN CASE OF NO PARTICIPATION A191 The Sub-contractor Supplier Vendor shall inform the Purchaser in advance in case he is unable to

participate in the tender for whatsoever reason Failure to comply with this will be viewed seriously and

consecutive three failures on the part of Sub-contractor Supplier Vendor to do so is liable for

disqualification debarring of the Sub-contractor Supplier Vendor from all future tender enquiries and or

delisting from the list of Approved Registered Vendors

A230 PREFERENCETIAL PURCHASE FROM MSE VENDORS ndash Not Applicable MDL has right to place order on MSE firm meeting following criteria

In tenders if participating MSEs quoted prices are within price band of L1+15 such MSEs shall also be

allowed to supply a portion up to 20 of requirement by bringing down their prices to L1 price where L1 is

non MSEs If more than 1 MSEs fall under such criteria then this 20 shall be distributed proportionally

This preference shall not be applicable where MSE firm is L1 firm out of 20 percent target of annual

procurement from Micro and Small Enterprises a sub-target of 20 percent (ie 4 percent out of 20 percent)

shall be earmarked for procurement from Micro and Small Enterprises owned by the Scheduled Caste or the

Scheduled Tribe Entrepreneurs In respect of items reserved for MSE extant guidelines shall be followed

Presently Circular No SO 581(E) dated 23032012 is applicable

GM(M)MTI2000007617Passivation Station

Page 36 of 45

Annexure-5

LOADING FACTORS A

Sr

No

Description Foreign Supplier

100 import content

Indigenous

Supplier with part

Import content

Indigenous

Supplier without

Import content

1 Basic Price Quoted

CIF

a a Ex Works

b b Delivered to

MDL Stores

a Ex Works

b Delivered to

MDL Stores

2 Add Insurance Charges Nil In case of 1 (a) In case of 1 (a)

3 Add Sea Air Freight charges

Inland Road Transport Nil In case of 1 (a) In case of 1 (a)

4

Customs Clearance Port

Handling Transportation to

Yard

Applicable NIL NIL

5

Cost (ex-MDL) excluding taxes

amp duties without loading

towards any deviations

CIF price +

SrNo4 Sr Nos (1+2+3) Sr Nos (1+2+3)

B LOADINGS DUE TO VARIATIONS IN FINANCIAL TERM

6 Variation in payment Terms

Varied payment terms quoted by bidders as compared to the terms stated

in the tender document shall be normalized on the amount(s) at variation

and or for the period (in no of days) at variation by adopting the Prime

Lending Rate of State Bank India plus 2 thereon incase of indigenous

bidders and LIBOR EURIBOR rates in case of foreign bidders

7

Income tax amp Service Tax on

Technical Services Service

Engineers liability to MDL

Normalization shall be done in respect of the amount of tax that have to

be borne by the Company

8 Production norms such as

scrap output ndash input ratio

9 Base date for price variation

clause

1

0

Cost (ex-MDL) excluding taxes

amp duties after loading for

variations in financial term

(SR Nos 5 + 6 + 7 + 8 + 9)

C LOADING ON ACCOUNT OF DEVIATIONS IN FOLLOWING COMMERCIAL TERMS

11

Security Deposit Contract

Performance Guarantee Mandatory

12

Equipment Performance

Guarantee Mandatory

13

Additional delivery period

sought over stipulated period as

per Tender

For the additional period sought by the bidder over the stipulated date of

delivery as per tender 050 per week for delayed period will be loaded

to the quoted price if the period under variation does not lead to bid

rejection criteria 14 Additional time sought for

supplying binding data

15 Liquidated damages per week

rate Maximum Ceiling

If bidder seeks less than 5 (Max ceiling) then the difference will be

loaded

The rate of LD per week or part thereof is 05 If bidder seeks say 04

per week or part thereof then Max Ceiling of LD will be equated to

weeks (Say 10 weeks) then LD proposed by bidder works out to 10 X 04

= 4 then 1 will be loaded

16 Warranty Guarantee

Deviations in respect of the period of Warranty shall be loaded to the

quoted price 025 per month or part thereof This does not arise if

the bidder quotes additional price for the differential period

GM(M)MTI2000007617Passivation Station

Page 37 of 45

17

Cost (Ex-MDL) excluding taxes

amp duties after loading for

variations on account of

financial and commercial terms

Sr Nos 10 + 11 + 12 + 13 + 14 + 15 + 16

D LANDED COST

18

Taxes amp Duties

19

Landed Cost Sr Nos 17 + 18

GM(M)MTI2000007617Passivation Station

Page 38 of 45

Annexure-6

LETTER OF CREDIT FORMAT FOR SHIPMENT BY SEA AIR

40A Form of Documentary Credit Type IRREVOCABLE

20 Transaction Reference Number Documentary

Credit Number

31C Date of Issue Date

31D Date and Place of Expiry Date

Place NEGOTIATING BANK

51A Applicant Bank BIC BANKERS OF MDLMUMBAI

50 Applicant Name amp Address MAZAGON DOCK SHIPBUILDERS LTD

DOCKYARD ROAD MAZAGON MUMBAI ndash

400 010

59 Beneficiary Name amp Address

32B Currency Code Amount

Currency

Amount

39A Percentage Credit Amount Tolerance

Tolerance 1

Tolerance 2

41D Available with hellipByhellip Name amp Address

42C Draft at hellip Narrative SIGHTNEGOTIATION

42D Drawee Name amp Address BANKERS OF MDLMUMBAI

43P Partial Shipments Narrative ALLOWEDNOT ALLOWED

43T Transhipment Narrative ALLOWEDNOT ALLOWED

44A Loading on Board Dispatch Narrative AIRPORT SEAPORT (AS PER TENDER

ENQUIRYORDER)

44B For Transportation to Narrative AIRPORT SEAPORT (AS PER TENDER

ENQUIRYORDER)

44C Latest Date of Shipment Date

46A Documents required Narrative (AS PER TENDER ENQUIRY)

47A Additional conditions Narrative 1 ALL DOCUMENTS SHOULD BE MARKED

WITH IEC CODE NO0388070412 LC NO

AND DATE AND IMPORT UNDER NON-

NEGATIVE LIST OF IMPORT EXPORT

POLICY AM

2 DISCREPANT DOCUMENTS TO BE SENT

STRICTLY ON COLLECTION BASIS

71B Details of charges Narrative ALL FOREIGN BANK CHARGES OUTSIDE

INDIA ARE FOR THE BENEFICIARYrsquoS

ACCOUNT

48 Period for presentation

Narrative

WITHIN ----- DAYS FROM THE DATE OF

BILL OF LADING AIRWAY BILL 49 Confirmation instructions

Instruction

WITHOUT

53D Reimbursing Bank

Name amp Address

BANKERS OF MDL WILL SPECIFY

78 Instructions to the Paying Accepting Bank

Narrative

BANKERS OF MDL WILL SPECIFY 72 Sender to Receiver Information

Narrative

BANKERS OF MDL WILL SPECIFY

GM(M)MTI2000007617Passivation Station

Page 39 of 45

Enclosure-7

PROFORMA BANK GUARANTEE FOR BID BOND EMD

(On Non-Judicial stamp paper of value Rs 500-)

IN CONSIDERATION OF MAZAGON DOCK SHIPBUILDERS LIMTED a company incorporated under the Companies Act 1956 and having its registered office at Dockyard Road Mumbai 400010 (hereinafter referred to as

the ldquothe Companyrdquo which expression shall unless it be repugnant or contrary to the subject or context thereof be

deemed to mean and include its successors and assigns) having agreed to accept the Earnest Money Deposit (EMD)

of Rs--------------------------- -------(Rupees-----------------------------only) in the form of Bank Guarantee from Messers

a partnership firmsole proprietor businessa company registered under the Companies Act 1956

having its office at (hereinafter called the tenderer which expression shall unless it be

repugnant or contrary to the subject or context thereof be deemed to mean and include its successors and assigns) for

participating in the Tender nodated (hereinafter called the tender which expression

shall include any amendmentsalterations to the tender issued by the Company) for the supply delivery at site

installation and commissioning of certain equipment itemservicescivil works etc We

Bank having office at (hereinafter referred to as ldquothe Bankrdquo which

expression shall includes its successors and assigns) hereby agree to pay to the Company without any demur on first

demand an amount not exceeding Rs (Rupeesonly) against any loss or damage costs charges and expenses caused to or suffered by the Company by reason of non performance and non-fulfilment or for

any breach on the part of the tenderer of any of the terms and conditions of the said tender

2 We Bank further agree that the Company shall be sole judge whether the said tenderer has

failed to perform or fulfil the said tender in terms thereof or committed breach of any terms and conditions of the

tender the extent of loss damage cost charges and expenses suffered or incurred or would be suffered or incurred by

the Company on account thereof and we waive in the favour of the Company all the rights and defences to which we

as guarantors may be entitled to

3 We Bank further agree that the amount demanded by the Company as such shall be final and

binding on the Bank as to the Bank s liability to pay and the amount demanded and the Bank undertake to pay the

Company the amount so demanded on first demand and without any demur notwithstanding any dispute raised by the

tenderer or any suit or other legal proceedings including arbitration pending before any court tribunal or arbitrator

relating thereto our liability under this guarantee being absolute and unconditional

4 We Bank further agree with the Company that the Company shall have the fullest liberty

without our consent and without affecting in any manner our obligations hereunder to vary any of the terms and

conditions of the said tenderor to extend time of performance by the tenderer from time to time or to postpone for

any time to time any of the powers exercisable by the Company against the tenderer and to forbear to enforce any of

the terms and conditions relating to the tender and we shall not be relieved from our liability by reason of any such

variation or extension being granted to the tenderer or for any forbearance act or omission on the part of the

Company or any indulgence by the Company to the tenderer or by any such matter or things whatsoever which under

the law relating to sureties would have the effect of relieving us

5 We Bank further undertake not to revoke this guarantee during its currency except with

the previous consent of the Company in writing

6 We Bank also agree that the Bankrsquos liability under this guarantee shall not be affected

by any change in the constitution of the tenderer or dissolution or winding up of the business of the tenderer

7 Notwithstanding anything contained herein above

i) Our liability under this guarantee shall not exceed Rs

ii) This Bank Guarantee shall be valid upto and including and

iii) We are liable to pay the guarantee amount or any part thereof under this Bank Guarantee only and only if you

serve upon us a written claim or demand on or before helliphelliphellip (validity + --- weeks from the date of expiry of this

guarantee)

8 This Guarantee shall be governed by Indian laws and the Courts at Mumbai India shall have the exclusive

jurisdiction

GM(M)MTI2000007617Passivation Station

Page 40 of 45

IN WITNESS WHEREOF the Bank has executed this document on this day

of

For Bank

(by its constituted attorney

or the person authorized to sign)

(Signature of a person authorized

to sign on behalf of the Bank)

GM(M)MTI2000007617Passivation Station

Page 41 of 45

Enclosure-8

PROFORMA BANK GUARANTEE FOR SECURITY DEPOSIT (ILLUSTRATIVE FORMAT)

(On Non-Judicial stamp paper of value Rs 500)

IN CONSIDERATION OF MAZAGON DOCK SHIPBUILDERS LIMTED a company incorporated under the

Companies Act 1956 and having its registered office at Dockyard Road Mumbai 400010 (hereinafter referred to as

the ldquothe Purchaserrdquo which expression shall unless it be repugnant or contrary to the subject or context thereof be

deemed to mean and include its successors and assigns) having placed an order on Messers

a partnership firmsole proprietor businessa company registered under the Companies Act 1956

having its office at (hereinafter called the Contractor Supplier which expression shall unless it

be repugnant or contrary to the subject or context thereof be deemed to mean and include its successors and assigns)

vide order No dated (hereinafter called the order which expression shall include any

amendmentsalterations to the order issued by the Purchaser) for the supply delivery at site installation and

commissioning of certain equipment itemservicescivil works etc as stated in the said Order and the Purchaser

having agreed with the ContractorSupplier to accept a Bank Guarantee in lieu of Security Deposit payable under the

said order for the fulfilment and performance of the said order We Bank having

office at (hereinafter referred to as the Bank which expression shall includes its

successors and assigns) hereby agree to pay to the Purchaser without any demur on first demand an amount not

exceeding Rs (Rupeesonly) being 5 of the order value against any loss or damage costs

charges and expenses caused to or suffered by the Purchaser by reason of non performance and non-fulfilment or for

any breach on the part of the Contractor Supplier of any of the terms and conditions of the said order

2 We Bank further agree that the Purchaser shall be sole judge whether the said

contractorSupplier has failed to perform or fulfil the said order in terms thereof or committed breach of any terms

and conditions of the order and the extent of loss damage cost charges and expenses suffered or incurred or would

be suffered or incurred by the Purchaser on account thereof and we waive in the favour

of the Purchaser all the rights and defences to which we as guarantors may be entitled to

3 We Bank further agree that the amount demanded by the Purchaser as such shall be final and

binding on the Bank as to the Bank s liability to pay and the amount demanded and the Bank undertake to pay the

Purchaser the amount so demanded on first demand and without any demur notwithstanding any dispute raised by the

ContractorSupplier or any suit or other legal proceedings including arbitration pending before any court tribunal or

arbitrator relating thereto our liability under this guarantee being absolute and unconditional

4 We Bank further agree with the Purchaser that the Purchaser shall have the fullest liberty

without our consent and without affecting in any manner our obligations hereunder to vary any of the terms and

conditions of the said orderor to extend time of performance by the Supplier from time to time or to

postpone for any time to time any of the powers exercisable by the Purchaser against the Contractor Supplier and to

forbear to enforce any of the terms and conditions relating to the order and we shall not be relieved from our liability

by reason of any such variation or extension being granted to the Contractor Supplier or for any forbearance act or

omission on the part of the Purchaser or any indulgence by the

Purchaser to the ContractorSupplier or by any such matter or things whatsoever which under the law relating to

sureties would have the effect of relieving us

5 We Bank further undertake not to revoke this guarantee during its currency except with

the previous consent of the Purchaser in writing

6 We Bank also agree that the Bankrsquos liability under this guarantee shall not be affected

by any change in the constitution of the Contractor Supplier or dissolution or winding up of the business of the

contractor supplier

7 Notwithstanding anything contained herein above

i) Our liability under this guarantee shall not exceed Rs

ii) This Bank Guarantee shall be valid upto and including and

GM(M)MTI2000007617Passivation Station

Page 42 of 45

iii) We are liable to pay the guarantee amount or any part thereof under this Bank Guarantee only and only if you

serve upon us a written claim or demand on or before helliphelliphelliphellip(validity + ---weeks from the date of expiry of this

guarantee)

8 This Guarantee shall be governed by Indian laws and the Courts at Mumbai India

shall have the exclusive jurisdiction

IN WITNESS WHEREOF the Bank has executed this document on

this day of

For Bank

(by its constituted attorney)

(Signature of a person authorised

to sign on behalf of the Bank)

GM(M)MTI2000007617Passivation Station

Page 43 of 45

Enclosure-9

PROFORMA BANK GUARANTEE FOR PERFORMANCE (ILLUSTRATIVE FORMAT)

(On Non-Judicial stamp paper of value Rs 500-)

IN CONSIDERATION OF MAZAGON DOCK SHIPBUILDERS LIMTED a company incorporated under the

Companies Act 1956 and having its registered office at Dockyard Road Mumbai 400010 (hereinafter referred to as

the ldquothe Purchaserrdquo which expression shall unless it be repugnant or contrary to the subject or context thereof be

deemed to mean and include its successors and assigns) having placed an order on Messers a

partnership firmsole proprietor businessa company registered under the Companies Act 1956 having its Registered

office at (hereinafter called the Contractor Supplier which expression shall unless it be

repugnant or contrary to the subject or context thereof be deemed to mean and include its successors and assigns)

vide order No dated (hereinafter called the order which expression shall include any

amendmentsalterations to the order issued by the Purchaser) for the supply delivery at site installation and

commissioning of certain equipment itemservicescivil works etc as stated in the said Order and the Purchaser

having agreed that the Contractor Supplier shall furnish a security for the performance of the Contractorrsquos

Suppliers obligations andor discharge of the Contractorrsquos Suppliers liability in connection with the said order and

the Purchaser having agreed with the ContractorSupplier to accept a performance guarantee We

Bank having office at (hereinafter referred to as the

Bank which expression shall includes its successors and assigns) hereby agree to pay to the Purchaser without any

demur on first demand an amount not exceeding Rs (Rupeesonly) being 10 of the order

value against any loss or damage costs charges and expenses caused to or suffered by the Purchaser by reason of

non-performance and non-fulfilment or for any breach on the part of the Contractor Supplier of any of the terms and

conditions of the said order

2 We Bank further agree that the Purchaser shall be sole judge whether the said

ContractorSupplier has failed to perform or fulfil the said order in terms thereof or committed breach of any terms

and conditions of the order and the extent of loss damage cost charges and expenses suffered or incurred or would

be suffered or incurred by the Purchaser on account thereof and we waive in the favour of

the Purchaser all the rights and defences to which we as guarantors may be entitled to

3 We Bank further agree that the amount demanded by the Purchaser as such shall be final and

binding on the Bank as to the Bank s liability to pay and the amount demanded and the Bank undertake to pay the

Purchaser the amount so demanded on first demand and without any demur otwithstanding any dispute raised by the

ContractorSupplier or any suit or other legal proceedings including arbitration pending before any court tribunal or

arbitrator relating thereto our liability under this guarantee being absolute and unconditional

4 We Bank further agree with the Purchaser that the Purchaser shall have the fullest liberty

without our consent and without affecting in any manner our obligations hereunder to vary any of the terms and

conditions of the said orderor to extend time of performance by the Supplier from time to time or to postpone for

any time to time any of the powers exercisable by the Purchaser against the Contractor

Supplier and to forbear to enforce any of the terms and conditions relating to the order and we shall not be relieved

from our liability by reason of any such variation or extension being granted to the Contractor Supplier or for any

forbearance act or omission on the part of the Purchaser or any indulgence by the Purchaser to the

ContractorSupplier or by any such matter or things whatsoever which under the law

relating to sureties would have the effect of relieving us

5 We Bank further undertake not to revoke this guarantee during its currency except with

the previous consent of the Purchaser in writing

6 We Bank also agree that the Bankrsquos liability under this guarantee shall not be affected

by any change in the constitution of the Contractor Supplier or

dissolutionhelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

7 Notwithstanding anything contained herein above

i) Our liability under this guarantee shall not exceed Rs

ii) This Bank Guarantee shall be valid upto and including and

GM(M)MTI2000007617Passivation Station

Page 44 of 45

iii) We are liable to pay the guarantee amount or any part thereof under this Bank Guarantee only and only if you

serve upon us a written claim or demand on or before helliphelliphellip (validity + ---weeks from the date of expiry of this

guarantee)

8 This Guarantee shall be governed by Indian laws and the Courts at Mumbai India shall have the exclusive

jurisdiction

IN WITNESS WHEREOF the Bank has executed this document on

this day of

For Bank

(by its constituted attorney)

(Signature of a person authorised

to sign on behalf of the Bank)

GM(M)MTI2000007617Passivation Station

Page 45 of 45

Enclosure-10

Electronic Payment Mandate Form

(MDL Bank details)

Name of the CompanyFirm Mazagon Dock Shipbuilders Limited

Address with Phone no Dockyard Road Mumbai ndash 400010

E-Mail ID

Phone No +91 22 23745310

Fax No

Particulars of Bank Account

Name of the Bank State Bank of India

Name of the Branch Mazagon Dock Mumbai Branch

Branch Code 9054

Bank IFSC NEFT Code SBIN0009054

Bank Address MBPT Workshop building NV Nakhwa Road Mazagon - 400010

City Name Mumbai

Telephone No of Bank +91 22 23752802

9 digit code no of bank amp branch

appearing on the MICR cheque

issued by your bank

400002120

Type of Account Current Account

Account No 10005255246

Income Tax PAN No AAACM8029J

Page 8: Final Tender - Mazagon Dock Shipbuilders...DIVISION-SHIP BUILDING DEPARTMENT-MATERIAL PROCUREMENT Tender no.: GM(M)/MTI/2000007617 for the Engineering, Manufacturing, Supply/Installation,

GM(M)MTI2000007617Passivation Station

Page 8 of 45

DOCKYARD ROAD

MUMBAI- 400010

EMD payment can also be submitted as Bank Guarantee(BG)

52 Part-II (Price Bid)

521 Indigenous bidders to quote in INR on door delivery basis amp overseas bidders to

quote in foreign currency on CIF basis Indigenous bidders quoting in currency other

than INR will be liable for rejection

522 Bidder to fill their prices online strictly in the online price bid form only Prices amp

other charges (as listed in form) to be enteredfilled in the applicable

headcellcolumns only as prices in wrong headcellcolumn which are not applicable

to you (bidder) will finally affect your (bidders) total landed cost amp accordingly

ranking Wherever any charges from the listed charges are not applicable to bidder

then lsquozerorsquo to be entered in that respective headcellcolumn

Refer Illustrative format and guidelinerdquo at Annexure-2A for quoting prices in

online price bid form

523 In case of any discrepancy in the Blank Rate Schedule Format and actual On-line

Price Bid after opening of the Price Bids the details (GST and any charges)

mentioned in the On-line Price bid shall prevail over the details in blank rate schedule

format However the negotiated commercial terms before price bid opening will be

considered for ranking and evaluation as per Para15

53 Bidders in their own interest are requested to upload their bids well in advance of tender closing

date to avoid the last minute difficulties in uploading the bids

54 Problems in hardwaresoftware Internet connectivity system configurations Browser setting etc

for whatsoever reason shall not be considered for extension of tender closing date and time

55 Bidders quoting on behalf of overseas principals should quote in INR (Indian Rupees) on FOR

Door delivery basis with their principalrsquos authorization letter Overseas bidders to quote directly

in foreign currency on CIF basis amp also quote FOB amp installationCommissioning charges

additionally Currency to be quoted by foreign bidder in USDEURO

56 No Exemptions towards Custom duty is applicable amp hence no exemptions certificates will be

issued

GM(M)MTI2000007617Passivation Station

Page 9 of 45

6 Earnest Money Deposit (EMD) BID BOND

61 Bidders shall have to make payment towards EMD amounting to Rs 358600- (Rupees Three Lakhs Fifty Thousand Six Hundred only) directly from MDL payment Gateway the path

of which is provided at Enclosure-11 It is mandatory for bidders to make EMD payment through

MDL payment portal or NEFT RTGS

EMD payment in the form of BG is also accepted (Please refer Enclosure- 7 for EMD BG format)

Bidders have to enter Vendor Name Nature of Payment and Tender No in Text Narration

Field while making NEFT RTGS payment to Mazagon Dock Shipbuilders Limited Bank

Account No 10005255246 and a scanned copy of payment made to our Account should be

uploaded in Techno-commercial bid (Part-I) towards proof for submission of EMD against this

tender

a) Bidderrsquos offer will be categorically rejected if EMD payment will be made after tender due date and time to Mazagon Dock Shipbuilders Limited Account However bank

guarantee drawn in favor of MAZAGON DOCK SHIPBUILDERS LIMITED Mumbai from

the list of Banks approved by SBI Canara Bank published on MDL Website or bid bond swift

message of equivalent foreign currency for foreign bidders shall be forwarded GM (M) in

sealed envelope super-scribing Tender Enquiry No and Due date so as to reach us within 7

MDL working days from the tender closing date The scanned image of NEFTRTGS BG Bid

bondswift message shall be uploaded at Part-I tender stage The bid bond Bank Guarantee

should be valid for 120 days+4 weeks from the tender closing date Similarly authorized Indian

agent can submit BG from bank as per list of banks approved by SBI Canara bank as bank of

international repute published on MDL website on behalf foreign bank Bidders to advise their

bankbanker to send EMDBG directly to commercial department or through SWIFT to dispense

with additional step of verification of authenticity of signatories In case of EMD transmitted

through SWIFT it shall be the responsibility of the bidder that he directs the receiving banker

to forward the message duly authenticated to the concerned commercial officer mentioned in

the tender Bids without EMD other than those who are exempt from payment of EMD will not

be considered EMD of unsuccessful bidders will be returned after finalization of the tender and

shall be interest free Bids without EMD will not be considered

b) EMD of unsuccessful bidders will be returned after finalization of the tender and shall be interest free

MDL bank details for Direct Electronic transfer is as under

BENEFICIARYrsquoS

NAME MAZAGON DOCK SHIPBUILDERS LIMITED

NAME OF BANK STATE BANK OF INDIA

BRANCH amp ADDRESS MAZAGAON BRANCH MAZAGAON MUMBAI 400010

BR CODE 9054

ACCOUNT NO 10005255246 ACCOUNT TYPE CURRENT

ACCOUNT

IFSC CODE SBIN0009054 RTGS CODE SBIN0009054

NEFT CODE SBIN0009054 MICRNECS

CODE 400002120

INCOME TAX PAN

NO AAACM8029J GST ID 27AAACM8029J1ZA

62 EXEMPTION FROM SUBMISSION OF EMDBID BOND Following bidders shall be exempt from submission of EMDBid Bond

62 Following bidders shall be exempt from submission of EMDBid Bond

621 State amp Central Government of India departments Public Sector Undertakings

622 Firms registered with Mazagon Dock Shipbuilders Limited (MDL) for the items for

GM(M)MTI2000007617Passivation Station

Page 10 of 45

which the offer is being submitted (To qualify for EMD exemption firms should

necessarily submit VALID copy of the registration certificate issued by MDL in Part-

I offerbid Firms in the process of obtaining MDL registration will not be considered

for EMD exemption)

623 Firms registered with NSIC under its ldquoSingle Point Registration Schemerdquo

(Exemption will apply only to items service indicated under description of work

supplies services amp value up to which bidders are registered with NSIC) To qualify

for EMD exemption firms should necessarily submit VALID copy of the registration

certificate issued by NSIC in Part-I offer bid Firms in the process of obtaining

NSIC registration will not be considered for EMD exemption

624 Firms registered as Micro and Small Enterprises (MSEs) To qualify for EMD

exemption firms should necessarily upload VALID copy of the registration

certificate from the competent authority regarding their Micro Small Industry status

in Part-I offerbid

625 Commondeemed DPSU registered vendors qualify for EMD exemption Such firms

shall submit valid copy of the registration certificate issued by DPSUs (other than

MDL) for the itemsservices for which the offer is being submitted on Part-I

offerbid Firms in the process of obtaining registration in other DPSUs will not be

considered for EMD exemption

626 Green channel status vendors qualify for EMD exemption Such firms shall submit

valid copy of the green channel certificate issued by MoD for the items for which the

offer is being submitted in Part-I offerbid Firms in process of obtaining this

certificate will not be considered for EMD exemption

7 Bid Rejection Criteria

71 Following bids shall be categorically rejected

711 Bids received after tender closing date and time

712 Bids received without EMD (other than those who are exempted from payment of

EMD) as specified in the tender

713 Bidders not agreeing to provide assistance for installation Testing Commissioning amp other such Technical activities of equipment supplied by them

714 Bids received in any form other than through e-Portal

715 If the date of issue of EMD (DDBGSWIFT message) is later than the tender closing

date

72 Following bid rejection criteria may render the bids liable for Rejection

721 Bidderrsquos failure to furnish sufficient or complete details for evaluation of the bids

within the given period ranging in between 2 to 3 weeks depending on deficiencies

noticed in the drawing technical data which shall not however conflicts with validity

period

722 Incomplete misleading ambiguous bids in the considered opinion of TNC

723 Bids with technical requirements and or terms not acceptable to MDL Customers

External agency nominated as applicable

724 Bids without uploading pre-qualification documents where required as per the tender

GM(M)MTI2000007617Passivation Station

Page 11 of 45

725 Bids not meeting the pre-qualification parameters stipulated in the tender enquiry

726 Bidders not agreeing to supply spares post sale product support post work

completion support

727 High seas sales sales in transit

728 Unreasonably longer delivery period quoted by the firm

729 Validity period indicated by bidders is shorter than that specified in the tender

enquiry

7210 Bidders not agreeing to furnish required Security Deposit Required Contract

Performance Guarantee till completion of the supplies services as per contract

7211 Bidders not agreeing to furnish Performance Bank Guarantees for equipment

supplied services rendered or not agreeing for retention of equivalent amount by

MDL up to the period till completion of contractual and guarantee warranty

obligations

7212 Bidder not agreeing to quote as a single point responsibility for whole scope of work

(ie right from design supply of systemequipment till commissioning STW amp

training at MDL site)

7213 Bidders not agreeing warrantyguarantee Clause of tender (clause no 10)

8 Pricing Prices to be quoted on firm and fixed basis during the currency of the order contract

81 For Indigenous Bidders Indigenous Bidder shall quote the prices online of all items services listed in

the online price sheet format of the tender enquiry for delivery of the items in MDL store completion of

the work at MDL site The prices quoted shall remain firm and fixed during the currency of the order

contract unless agreed otherwise by MDL and should be inclusive of all cost towards Packing amp

forwardinginsurancefreight deliveryTransportation and transit insurance

82 For Foreign Bidders Bidder shall quote the prices online on the CIF Mumbai Port of destination

(India) basis only Prices on the basis of FOB factory or ex-works are not acceptable However FOB

cost shall also be quoted The prices quoted shall remain firm and fixed during the currency of the order

contract unless agreed otherwise by MDL To arrive at custom charge the foreign bidder(s) must submit

details viz (i) port of dispatch (ii) containerized dispatch (iii) Number of container (iv) Gross weight

9 Terms of Payment - MDL does not pay any advance Payment for Indigenous amp Overseas bidders

91 For Indigenous Bidders

911 Supply Installation commissioning amp training - Payment for the value of supply and services as reduced by any deductibles andor the amount

leviable towards liquidated damages if any may be payable through NEFTRTGSECS between 15-

20 days of completion of complete scope of work (ie after Supply Installation trials

commissioning and training) and against submission of documents in Triplicate including Delivery

challan(s) receipt inspection amp acceptance report warranty Guarantee certificate Test reports

Certificates if applicable Packing Lists Invoice Storage Preservation Maintenance Procedures

amp other Technical documentation in requisite sets as relevant and work completion certificate duly

certified by an officer from the user department in the rank of CM or above and submission amp

subsequent confirmation of performance bank guarantee for 10 of the total order value excluding

taxes

GM(M)MTI2000007617Passivation Station

Page 12 of 45

912 TReDS

Alternate MSME vendor payment through TReDS

ldquoIn order to address the financial needs of MSME firms GoI has introduced a platform for

facilitating the financing of trade receivables of MSMEs from buyers through multiple

financiers which is termed as Trade Receivables Discounting System (TReDS) At TReDS

auctioning of invoices at competitive amp transparent environment is done by financers based on

Buyerrsquos credit profile

MDL is registered on the Invoicemart TReDS platform and M1xchange of Ms Mynd

Solutions Pvt Ltd

MSME bidders desirous to receive payments through TReDS platform may avail the facility if

they are already registered on

1Invoicemart TReDS platform or by registering on it

Contact details at Invoicemart TReDS platform are as below

022 6235 7373 and a new mail id serviceinvoicemartcom

2 M1xchange

TReDS platform

or by registering on it

Contact details at M1xchange TReDS platform are as below

+91 9920455374 MsAshwathi Jayandran email id ashwathijayandranm1xchangecom

+91 8839915724 Ms Prinyaka Shah email id prinyakashahm1xchangecom

MSE bidders upon successful delivery shall submit their invoices along with the mandated

enclosures at MDL Central Receipt Section MSE vendors desirous to receive payments through Invoicemart TReDS platform or M1xchange TReDS platform shall submit their TReDS

details along with the invoice at MDL Central Receipt Section Upon receipt and acceptance of the

supplied material and receipt of invoices with the mandated enclosures MDL shall process the

invoice for payment on Invoicemart M1xchange TReDS platform Any unfinanced invoices

invoices of MSE bidders seeking payment from MDL directly shall be processed as per the Standard

payment terms agreed in PO contractrdquo

92 For OverseasForeign Bidders

(A)

Payment through LC - Payment against irrevocable letter of credit (LC)

established through our bankers as per format at illustrative Annexure 6 For opening

LC Supplier should essentially furnish their clear amp timely acceptance of the order

For opening LC all charges outside India shall be borne by the beneficiary

(Supplier) Additional loading of prices (A) towards charges incurred in LC opening

by MDL and (B) Interest for period of 20 days base rate of SBI+2 on payment

amount is to be considered while evaluating foreign bidders for ranking purpose In

case supplier seeks LC amendment for no fault of MDL or requires confirmation of

LC then all charges towards LC amendment or confirmation of LC respectively

shall be borne by the Supplier LC will allow Payment on timely presentation of

following documents through bank Opening of LC shall be before one month of

the schedule for dispatch or before such period as may be discussed and mutually

agreed to in the PNC (Price Negotiations) The time limit for opening of LC and or

amendment for LC shall be 7 days or within such no of days as may be stipulated in

purchase orderContract Delay in opening of LC can lead to corresponding delay in

delivery and hence no LD is applicable on such delayed portion

LC will be opened accordingly after receipt of intimation about readiness of

Material items equipments LC shall be valid for 89 days Firm to sendsubmit

documents as listed in Para 921 to 9212 below in originals for custom clearance of

material to MDL directly after shipment

GM(M)MTI2000007617Passivation Station

Page 13 of 45

For Items-

921 Set of Original + 2 Copies of signed Invoice showing item wise prices as per the order

922

Set of Original + 2 Copies of signed Packing List clearly showing list of items

packed Specifying unit as per Indian Custom Tariff

923

Set of Original + 2 Copies Clean on Board Bill of Lading OR Air Way Bill made in

the name of MDLrsquos Bank and Marked as freight paid

924

Set of Original + 2 Copies of Certificate of approval OR Release Note from MDL

nominated Inspection agency or Work completion performance certificate or

Dispatch clearance from MDL

925 Certificate of country of origin in Original + 2 Copies by chamber of commerce

926 Original + 2 Copies of Warranty Certificate in prescribed format

927

Original + 2 Copies of all Manufacturerrsquos Test Certificates (MTCs) Reports

Drawings Manuals Procedures etc as relevant to the ordered item

928

Original + 2 Copies of Performance Bank guaranteeequivalent BG wherever

applicable

929

Certificate Confirming that supplier has couriered dispatched 03 sets of Non

Negotiable Documents comprising of all Test reports MTCs Technical

Documents Drawings Manuals Procedures etc and of Signed Invoices Packing

Lists Bill of LadingAWB MDL nominated Inspection Agencyrsquos Certificate of

approval Country of Origin Certificate Warranty Certificate Performance Bank

Guarantee directly to MDL

9210

Original + 2 Copies of the Certificate issued by the classified society confirming

seaworthiness of the vessel and that the shipment is made on vessels of not more

than 15 years vintage (Applicable in case of CIF contracts orders agreed by MDL)

9211

Certificate issued by MDL confirming that the delivery is made in time and no

penalty is applicable OR in case of delays admissible amount of penalty will be specified by MDL in this certificate for reduction of equal amount from supplierrsquos

invoice (MDL will issue this certificate generally by e-mail or FAX immediately on

receipt of signed copy of invoice packing list approval certificate of the nominated

inspection agency date of the proposed shipment amp copies of BL or AWB or any

other acceptable documents confirming supplierrsquos readiness dispatch)

9212

Certificate confirming that the shipping instructions (inclusive of packing) have

been followed while packing shipment and forwarding of details for insurance to

MDL

Important Notes for Foreign Bidders 1 All the documents should clearly indicate the Purchasers Order number Import

License Number Airway Bill Bill of Lading Number

2 Foreign Bidders must submit the Letter of Credit format duly filled as per Annexure- 6

of the tender

3 To arrive at the custom charges the foreign bidders must submit the following details

along with the Part ndashI Bid -

(a) Port of dispatch to be clearly specified

(b) Containerized dispatch Break bulk

(c) No of required containers with their size amp type (20Feet40 FeetOpenClosed)

(d) Gross weight

(e) Any other specific handling Instructionsconditions of consignment

GM(M)MTI2000007617Passivation Station

Page 14 of 45

10 GuaranteeWarranty Supplier shall warranty the performance of the Passivation station for a

period of 12 months after commissioning or 24 months after receipt of station at MDL

whichever is earlier

During this period all defects arising out of defective material and faulty workmanship will be

rectified by repairing or replacing part or whole material as necessary free of charge on door

delivery basis Any consequential damagedefect or loss of items due to poor

workmanshippoor material qualitynegligence etc attribute to the bidder to be rectifiedreplaced by the bidder free of cost All the necessary spares tools Service engineers

amp Mechanics required for repairs to be arrange by vendor at no extra cost and machine to be

put into operation at the earliest

11 Performance Bank Guarantee (PBG) The Successful bidders will have to submit PBG in the prescribed format from the list of

Banks approved by SBI Canara Bank published on MDL Website for 10 of the Order value

excluding taxes etc valid for 13 months (validity 12 months + 1 month claim period) from the date of supply or offer your consent to MDL for retention of 10 of order value towards

PBG Bidders may advise their bankbanker to send BG directly to commercial department or

through SWIFT to dispense with additional step of verification of authenticity of signatories

In case of BG transmitted through SWIFT it shall be the responsibility of the bidder that he

directs the receiving banker to forward the message duly authenticated to the concerned

commercial officer mentioned in the tender

12 Bidder shall abide by all Standard Terms and Conditions of Supply (STACS) GTampC and

accordingly contract will be governed as per uploaded form at Stage Name Part ndashI (Techno-

Commercial Bid) Deviation if any shall be clearly indicated In case of discrepancy clauses

mentioned in Tender Technical Scope and Rate sheet will override the clauses mentioned in

other annexure including STACS amp GTampC In event we do not receive acceptance forms

dully filled for TEF STACS and GTampC it shall be presumed that all our terms and

conditions of tender are acceptable to you

13 Taxes amp Duties - The item-wise rates quoted in the Rate Sheet should exclude GST and

duties

131 For Indigenous bidders The rate sheet to be enclosed with the tender will indicate

the rates under each tax head viz GST

a Only those bidders who indicate the taxes amp duties separately as above all

shall be entitled for consideration of change in corresponding rates in case

of variation in statutory levies

b Supplierbidder will not be entitled to any increase in rate of taxes

occurring during the period of extended delivery schedule if there is delay

in supply completion attributed to him however if there is a decrease in

taxes the same must be passed on to MDL

c Wherever all-inclusive prices are quoted by the bidders without bifurcation

of tax elements no escalation can be considered in respect of any variation

in statutory levies arising subsequently because of the absence of the

required base figures in the purchase order contract

132 GST as per GST Laws shall be payable extra as quoted and agreed

133 In case of Purchase of goodsservices from unregistered dealers under GST laws

GST will be paid by MDL under reverse charge mechanism

134 Benefits from reduction in rate of taxITC are required to be passed on to

consumer Where ldquoapplicable GSTrdquo has been quoted as extra Goods and service

providers (except un-registered dealers under GST Law) have to submit

declaration that they have complied with lsquoAnti ndashprofiteering clausersquo under GST

Law Such declaration be given in technical bid

GM(M)MTI2000007617Passivation Station

Page 15 of 45

135 Where the quoted price is claimed to be inclusive of taxes (by other than

composite vendor) MDL consider it as net price on which GST is payable In

such cases the GST may be paid by MDL directly to GSTN under reverse

charge mechanism or otherwise for which no input tax credit will be available to

vendor and vendor is deemed to have confirmed that he will not claim ITC for

such items

136 If the vendor is registered under GST vendor shall mention the HSN code for

goodsampor services in their tax invoice etc These codes must be in accordance

with GST Laws and responsibility of specifying correct HSN code for goodsampor

services is that of the vendor MDL shall not be responsible for any error in HSN

code for goodsampor services specified by suppliercontractor Suppliercontractor

shall pay penalty andor interest imposed on MDL or any loss due to delay in

availing ITC by MDL or any loss of ITC to MDL due to error by vendors at any

stage MDL reserve right to recover any such interest penalty or loss from any amount due to supplier contractor or vendor shall reimburse make good such

loss within 15days after intimation by MDL or otherwise

137 In case MDL is unable to avail ITC suppliercontractor at their own cost shall

rectify the shortcoming in the returns to be filed immediately thereafter Further

if the ITC is delayed denied to MDLreversed subsequently as per GST Laws due

to nondelayed receipt of goods andor services andor tax invoice or expiry of

timelines prescribed in GST Laws for availing ITC non-payment of taxes or non-

filling of returns or any other reasons not attributable to MDL supplier

contractor shall pay any loss of amount along with interest and penalty on MDL

under GST Laws for the number of days the ITC was delayed If the shortcoming

is not rectified by suppliercontractor and MDL ends up in reversal of credits

andor payments suppliercontractor is fully liable for making good all the loss

incurred by MDL MDL reserve right to recover any interest penalty or loss from

any amount due to suppliercontractor or otherwise

138 If the vendor is registered under GST the GST registration number (15 digit

GSTIN) issued by GOI shall be mandatorily provided by the vendor Vendor

having multiple business verticals within state at multiple states with separate

GST registration numbers shall forward GSTIN of only that vertical which is

involved in supply of goods andor services MDL GSTIN is

27AAACM8029J1ZA and vendor shall mention the same while invoicing and

avoid any data entry error on GST portal

139 If the vendor is registered under GST vendor shall ensure timely submission of

invoice as per the provisionsrequirementstimeline promulgated by GOI in

relation to GST Laws with all required supporting documents to enable MDL to

avail input tax credit promptly The vendors invoice inter alia should contain

GSTIN of vendor GSTIN of MDL (ie 27AAACM8029J1ZA) GST tax rate

separately HSN code wise goods or services Place of supply signature of vendor

etc Original invoice needs to be submitted to Bill Receipt Centre at MDL gate

and a copy of the invoice should be given to the GRS Stores

1310 If the vendor is registered under GST vendor shall file all applicable returns

under GST Laws in the stipulated time and any losses of tax credit to MDL

arising due to delay in filling will be recovered from their invoice wherever MDL

is eligible to avail tax credit Any default towards payment of tax andor

uploading of monthly returns by supplier contractors MDL retains right to

withhold payments towards tax portion until the same is corrected and complied

by the suppliercontractor with the requirement of GST along with satisfactory

evidence

GM(M)MTI2000007617Passivation Station

Page 16 of 45

1311 The rate sheet enclosed with the tender will indicate the rates to be entered under

each head wherever applicable Bidder must clearly mention the applicable taxes

amp duties The item-wise rates (ie Basic + PampF + FampI) quoted in the rate sheet

should exclude taxes amp duties Bidder should indicate GST rates as applicable

separately under each of the head in the same rate sheet which will be paid extra

based on tax invoice to the extent applicable The GST will be applicable on total

basic rate of each item (ie Basic +PampF +FampI)

1312 If the vendor changes his registration status from composition dealer to normal

registered dealer under GST Law the vendor has to inform MDL immediately

Further his contract price under GST needs to be negotiated since as a normal

dealer he will have benefit of ITC which he should pass on to MDL

1313 Bid Evaluation Clause - I) As per GST Law ITC is not available

a) For goods and services which are not in furtherance of business

b) In some cases for eg rent a car life insurance work contract services for

immovable property as mentioned under section 17 of GST Act 2017 In such cases

evaluation of bid is inclusive of GST quote by bidder

II) In all other cases ie goods and services not covered under sr no I above

evaluation of bid is exclusive of GST quoted by bidder

III) Further in the case of composition dealer since composition dealer is not

allowed to charge GST in such case evaluation of bid will be on the price quoted by

bidder

1314 For Overseas Bidder All taxes applicable outside India shall be borne by overseas

bidder

a In case of foreign bidders all taxes duties statutory levies and charges which

are to be paid for the delivery of goods amp services shall be paid by the parties

under the present contract in their respective countries MDL shall bear and pay

all taxes duties and statutory levies in India in connection with the execution

andor performance of this contract wrt deliverables delivered and service

rendered as per contract excluding income tax applicable on service charges

b Foreign bidder shall submit tax residency certificate (TRC) in Part ndashI offer In

case of remittances to foreign companies for services as per income tax act and

DTAA provisions TDS shall be carried out from the amount payable towards

services As per the extant applicability and existing rates following cases

pertaining to TDS are presented for clarity

i Case 1 (TRC is made available by foreign bidders) Tax deduction at

source (TDS) 15 of total service payment is applicable If this is

not agreed to by the bidder in the bid or during TNCCNC then this

shall be appropriately loaded as per applicable rates on the price for the

purpose of ranking However bidders to note that TDS rates DTAA

rates differ from country to country It varies from10 to 25

ii Case 2 (TRC is not made available by foreign bidders) Tax deduction

at source (TDS) at the rates as mentioned in the table below is

applicable If this is not agreed to by the bidder in the bid or during

TNCCNC then this shall be appropriately loaded as per applicable

rates on the price for the purpose of ranking These rates shall be as

under

GM(M)MTI2000007617Passivation Station

Page 17 of 45

Service Payment slabs (converted in

INR)

Rate of TDS applicable on total

service payment

Up to value of INR 1 Cr 2575

Above 1 Cr Up to 10 Cr 2626

Above INR 10Cr 270375

14 Loading Criteria Deviations sought by the bidder in respect of Custom Duty exemption

Freight Insurance Payment terms shall be loaded on the bidders quoted prices during price

evaluation by MDL Among the equal bids bidders with ISO 9000 series accreditation over

Non-ISO bidders firstly Manufacturers then their authorized dealers will be given preference

The loading criteria that will be adopted are detailed below amp also as per Enclosure-5

141 It is desirable that the bidder accepts the Payment Terms indicated in clause 9

above Varied payment terms quoted by bidders as compared to the terms stated

in the Tender document shall be normalized by applying SBI Prime Lending

Rate (prevailing at the time of opening of Price bid) plus 2 pa rate of interest

for the period at variation (For Indigenous bidder) amp for overseas bidder the bids

will be normalized at LIBOREURIBOR rate plus 2 for ranking of the bids

142 In case of Foreign supplier the basic cost (CIF) shall be the basis for comparison

of quoted price Custom Duty Custom clearance Port handling transport

charges to the yard will be added to CIF cost to arrive at door delivery cost

143 Delivery of the goods at MDL premises should be the responsibility of the

vendor However for unavoidable reasons if bids are exclusive of transport

andor insurance the same will be loaded at the cost to be incurred by MDL

144 For the additional delivery period sought by the bidder over the stipulated date of

delivery as per Tender 050 per completed week will be loaded to the quoted

price

145 Deviations sought in respect of Liquidated Damages (LD) Deviations sought in

respect of rate per week and or maximum ceiling in respect of liquidated

damages shall be loaded to the quoted price For eg The maximum ceiling

towards liquidated damages stipulated in the tender is 5 and the bidder seeks to

limit it to say 35 then the price quoted will be loaded by 15 If the rate of

LD per week is 05 per week or part thereof as per tender and the bidder seeks

it as say 04 per week or part thereof the maximum ceiling on L D as per

tender will first be equated to weeks (10 weeks in this case) and the rate proposed

by the bidder ie 04 will be multiplied by the so equated maximum Period

(which works out to 4) and the quoted price will be loaded accordingly by 1

Delivery being the essence of the contract it is desirable if the bidders adhere to

the stipulated clause

146 Deviations in respect of the period of Warranty shall be loaded to the quoted price

025 per month or part thereof This does not arise if the bidder quotes

additional price for the differential period

147 The ranking of price bids shall be done overall L1 basis excluding GST (ie total

of basic price exclusive of GST quoted by bidder) In these cases the variation in

statutory levies etc are not allowed unless the breakup in respect of taxes duties

GM(M)MTI2000007617Passivation Station

Page 18 of 45

are clearly and separately furnished in bid

148 For opening LC all charges outside India shall be borne by the Beneficiary

(supplier) Additional loading of prices (A) Towards charges incurred in LC opening

by MDL and (B) Interest for period of 20 days base rate of SBI+2 on payment

amount is to be considered while evaluating foreign bidders for ranking purpose

15 Ranking of Bids amp Determination of L-1 Bidders Ranking of price bids shall be done on overall L1 basis with exclusive of GST

If any variations in statutory levies the break up in respect of any charges is clearly

and separately furnished in the bid and the MDL is satisfied that the rates of taxes

indicated therein are in line with the tax law so that escalation due to variation in the

taxes can be justifiably considered to the extent legitimately allowable on the base

amount(s) indicated in the bid Therefore bidder is requested to show the break up

regarding taxes as applicable in the bid

Note 1 In case of overseas supplier the ldquoCIF cost+ Inspectiontesting charges+ Installation

Commissioning charges+ custom duty+ IGST (if ITC is not available) + Custom

Clearance +port handling +transportation charges to the yard if any + LC opening

charges + interest for period of 20 days base rate of SBI +2 on payment amount

ldquoshall be the basis for comparison of quoted price Custom duty IGST Custom clearance Port handling transport charges to the yard will be added to CIF cost to

arrive at door delivery cost

2 If Service Component exists in an offer from a foreign vendor then Tax Residency

certificate (TRC) should be submitted with Part I offer If no TRC is submitted then

the enhanced Income Tax rate and Service Tax thereon will be considered while

determining L-1

3 Techno-Commercially Qualified overall lowest bidder exclusive of GST will be

considered for the placement of order 4 On-line Ranking visible to the bidders after opening part II price bid is without

loading parameters However the L1 bidder will be evaluated offline after

consideration of all applicable loading parameters as mentioned in the tender

document and commercial terms

5 In case of any discrepancy in the Blank Rate Schedule Format and actual Online

Price Bid after opening of the Price Bids the details (GST) mentioned in the On-line

Price bids shall prevail over the details in blank rate schedule format

6 ldquoBasic costrdquo is defined as ldquoDoor delivery cost (excluding GST)rdquo which includes

packing amp forwarding Delivery insurance registration charges and any cost involved

as per scope of work towards material and services basic cost of Installation

commissioning and inspection amp testing

7 ITC can be availed by MDL for the items as notified under GST ACT 2017 ITC

can be availed by MDL for registered bidder and for unregistered bidder under

reverse charge mechanism Since no ITC can be availed in case of bidders registered

under composition scheme their quoted cost will be considered for ranking

comparison purpose

16 Consignee The Successful bidders shall arrange dispatch of goods by appropriate Rail Road

Sea Air transport mode as per the order to lsquoEAST YARD STORESrsquo and further to user dept

on working days (Monday to Friday) between 800 hrs to 1500 hrs (Lunch Time 1130 to 1200

hrs) In case trucktempo reaches our yard beyond above time the same may be retained over

night at your risk amp cost

An advance copy of invoices along with other relevant documents shall be forwarded to the

purchaser sufficiently in advance to enable clearance of cargo within allowed demurrage free

days to avoid demurrage In case of door delivery orders the supplier shall categorically direct

the transporter to deliver the ordered items without insisting for consignee copy of the Lorry

Receipt

GM(M)MTI2000007617Passivation Station

Page 19 of 45

17 Modifications to the Bids Bidder desirous of submitting modified bid prior to the closing

date and time may do so online not later than deadline of submission of bids Please note that

modified bid shall be submitted through e-procurement system only Bidder can change the

submitted bid any number of times till the closing time and the last changed bid will be

considered for ranking of the bids

18 PURCHASE PREFERENCE TO MAKE IN INDIA As per Public Procurement Order Ref No P-4502122017-B E-II Dtd 15062017 issued by Govt

of India to encourage ldquoMake in Indiardquo policy Purchase Preference shall be given to local suppliers

in the following manner

(a) The terminology definitions used in the said order is as below

(i) ldquoLocal contentrdquo means the amount of value added in India be the total value of items procured

excluding net domestic indirect taxes) minus the value of imported content in the item (including

all customs duties) as a proportion of the total value in percent

(ii) ldquoLocal Supplierrdquo means a supplier or service provider whose product or service offered for procurement meets the minimum local content as prescribed under the said Order or by the

competent Ministries Department in pursuance of said order A Local Supplier can be an Indian

or Foreign bidder

(iii) ldquoMargin of Purchase Preferencerdquo means the maximum extent to which the price quoted by

local supplier may be above the L1 for the purpose of purchase preference The margin of

purchase preference for the present tender is 20

(b) Minimum local content

(i) The minimum local content in the offer is to be not less than 50 for the present tender for a

bidder to be considered as a Local Supplier

(ii) The local content can be increased through partnerships cooperation with local companies

establishing production units in India or Joint Ventures (JV) with Indian suppliers increasing the

participation of local employees in services and training themrsquo

(iii) On opening of the price bids if it is identified that there is difference in price receive amp

declaration made and local content is now not meeting the specified tender requirement (ie only

on the quoted price without any loading) then such case will be processed without any purchase

preference

(c) Declaration by Local Supplier Local Supplier should declare that the item and service

offered meets the minimum local content amp indicate its percentage in their offer which shall meet

(or even offer more) required content as specified in tender This declaration is necessary even if

Custom Duty Exemption and or ERV (if applicable) are not being sought Following documents

are to be submitted in technical offer ndash

Part-I bid

(i) Local Component list ie Items and services which are being procured produced domestically

by supplier in the system equipment service offered against tender This list shall include all the

components raw materials sub services etc

(ii) Foreign Imported Component list ie Items and services which are being supplied by bidder

from outside India in the system equipment service offered against tender This list shall include

all the components raw materials sub services etc

(iii) Bidders shall give the details of the location(s) at which the local value addition is made

Additionally location(s) details from where foreign imported components are being supplied be

also informed

(iv) Bidders shall give the price break-up in percentage for ldquoLocal Componentrdquo and ldquoForeign

Imported Componentrdquo

(v) Custom duty applicable on FE component for all foreign items (vi) The Local Suppliers are required to provide self-certification as per Annexure-11

Note In cases of procurement for value in excess of Rs 10 Crores the local supplier shall be required to

provide a certificate from statutory auditor or cost auditor of the company (in case of companies)

or from a practicing cost accountant or practicing charted accountant (in respect of supplier other

GM(M)MTI2000007617Passivation Station

Page 20 of 45

than companies) giving the percentage of local content amp applicable item wise custom duty

Once the declaration certification is committed at tender submission stage the same cannot be

altered at technical negotiation stage or after award of contract otherwise would be treated

considered as false declaration by bidder

In the event of bidders not declaring or declaring less local content percentage in the offer MDL

will consider quote bid of such bidders with local content as ldquo0rdquo or ldquoNILrdquo ie the offers of such

bidders will be treated as a ldquoNon Local Supplierrdquo where no purchase preference shall be granted to these bidders

(d) If the Local Supplier is also a MSE Vendor seeking the benefit of Public Procurement Policy

for MSEs Order 2012 then such bidders should not seek benefits against the Preference to Make

in India policy ndash Order 2017 Such bidders should categorically seek benefits of only one policy

which cannot be modified subsequently once declared in the Annexure-A referred above while

submitting the bid

(e) Custom duty issue Imported FE content is inclusive of all custom duties which is required

for arriving local content Bidders to note the following about declaration of FE Content

(i) All bidders should upfront declare line item wise custom duty duly certified Such declared

custom duty percentage will only be considered for arriving local content

(ii) In the event if the rate of custom duty is found higher than the declared custom duty by bidder

then the bidderrsquos declaration shall be final for arriving L1 bid Also in such case the difference in

custom duty would be to bidders account In case of foreign bidders the same would be to bidders

account and shall not be borne or reimbursed by Shipyard

(iii) In the event of rate of custom duty happens to be lower at the time of clearance of goods then

actual custom duty shall be payable

(iv) Notwithstanding above local content shall be calculated based on the declared custom duty by

the bidder in techno-commercial bid

(f) Preference to Local Supplier The following procedure will be adopted for deciding on

preference to Local Supplier over a non-local supplier wrt Public Procurement (Preference to

Make in India) order 2017

(i) Among all qualified bids the lowest bid will be termed as L1 If L1 is from a local supplier the

contract will be awarded to L1

(ii) If L1 is not from a local supplier the lowest bidder among the local suppliers will be invited

to match the L1 price subject to local supplierrsquos quoted price falling within the margin of purchase

preference and contract shall be awarded to such local supplier subject to matching the L1 price

(iii) In case such lowest eligible local supplier fails to match the L1 price the local supplier with

the next higher bid within the margin of purchase preference shall be invited to match the L1 price

and so on and contract shall be awarded accordingly In case none of the local suppliers within the

margin of purchase preference matches the L1 price then the contract may be awarded to the L1

bidder

(g) Preference between LS and MSE Bidder This clause is applicable only if line items are

separable and MSE preference clause is also applicable Between the MSE and Local

Supplier the MSE bidder will be given preference to match with L1 bidder as per Public Procurement Policy for MSEs Order 2012 MSE vendor will be evaluated with L1+15 MSE

doesnrsquot fall under Public Procurement (Preference to Make in India) Order 2017 Local Supplier

will be evaluated with L1+20 (Margin of Purchase Preference ordinary) as per Public

Procurement (Preference to Make in India) Order 2017

(h) After the contract is awarded and the supplies are completed each supplier shall provide the supporting documentation towards realization of committed Local Content as per the contract

order terms amp conditions

In addition to these documents a ldquoLocal content certificaterdquo also shall be submitted stating the

percentage of local content in the items or services measured The ldquoLocal content certificaterdquo shall

be submitted along with the invoice

Note In cases of procurement for value in excess of Rs 10 Crores the local supplier shall be

required to provide a certificate from statutory auditor or cost auditor of the company (in case of

GM(M)MTI2000007617Passivation Station

Page 21 of 45

companies) or from a practicing cost accountant or practicing charted accountant (in respect of

supplier other than companies) giving the percentage of local content

(i) False declaration will be in breach of Code of Integrity under Rule 175(1)(i)(h) of GFR 2017

for which a bidder or its successor can be debarred for up to 2 years as per Rule 151(iii) of GFR

2017 along with such other actions as may be permissible under law

(j) Complaints Grievance Any complaints grievances relating to implementation of this order

shall be taken up by Public Grievance Cell of MDL headed by GM(F-PampS) Fees for filing a complaint under the order shall be Rs 10000- per case The complaints shall be filed to the

Chairman Public Grievance Cell The fee shall be deposited in MDLrsquos Account by NEFT

19 Public Grievance Cell A Public Grievance Cell headed by ED (East Yard) has been set up in

the Company Members of public having complaints or grievances are advised to contact him

on Wednesday between 1000 hours and 1230 hours in his EY-office MAZAGON DOCK

SHIPBUILDERS LIMITED Dockyard Road Mumbai - 400010 (022 ndash 23763506 23738368)

or send their complaints grievances to him in writing for redressal

20 Supply on MDL Holidays Request for permission for delivery on Saturday Sunday

holidays if required should be submitted 3 working days prior to the date of holiday to

Personnel department and Security through concerned Dept

21 Liquidated Damages Time is an essence of the contract therefore the job as ordered should be

completed on the dates mutually agreed upon in accordance with the delivery schedule In cases

of delay not attributable to Purchaser beyond the agreed schedule the Successful bidder shall pay

liquidated damages a sum representing 05 (Half per cent) per week or part thereof subject to

maximum of 5 of the final Order Contract value Vendor Contractor (Seller) will also be liable

to pay Liquidated Damages for late delivery of Manuals Drawings and Documentation as agreed

to by Purchaser and Vendor Contractor (Seller) and as stated in the Purchase Order The amount

of such damages will be clearly defined in the Purchase Order and may extend up to 5 of the

Order Value excluding taxes Applicability of LD will be considered as below -

1) Delay in manufacturing and supplydelivery of machinematerialitemsequipments at

MDL after dispatch clearance beyond specified schedule will attract LD 05 per week

or part thereof subject to maximum of 5

2) Delay in Installation trial Commissioning amp Training at MDL as per Work

completion date as certified by MDL user dept beyond specified schedule will attract

LD 05 per week or part thereof subject to maximum of 5 as per order

22 Hindrance Register All hindrances with date of occurrences and removal shall be noted in the

Hindrance Register The Hindrance Register shall be signed by the representatives of both MDL

as well as Contractor

23 Security Deposit (SD) The successful bidders shall have to submit Security Deposit for an

amount of 5 of the Order value excluding GST etc electronically through NEFT RTGS or

in the form of Bank Guarantee drawn in favor of MAZAGON DOCK SHIPBUILDERS

LIMITED Mumbai from the list of Banks approved by SBI Canara Bank published on MDL

Website within 25 days from the date of Order amp must be valid up to contract period plus one

month No interest will be paid on Security Deposit Please note that MDL does not extend any

concession such as exemption in payment of Security Deposit etc to any organization

irrespective of their status like registration with MDL NSIC SSI and MSME etc In case of

failure to submit Security Deposit within 25 days from the date of order placement EMD

submitted will be encashed and risk purchase clause would be invoked The Security Deposit

will be returned only after successful execution of the order and shall be interest free In the

event of failure to execute the order satisfactorily the Security Deposit will be encashed by

MDL If order is fully executed within 25 days from the date of purchase order submission of

security deposit is not applicable For delayed period of submission of SD beyond 25 days

from date of order bidder has to pay applicable interest In case the bidder is Indian Public

Sector Unit they shall submit the indemnity bond instead of Security Deposit Bidders may

advise their bankbanker to send BG directly to commercial department or through SWIFT to

dispense with additional step of verification of authenticity of signatories In case of BG

GM(M)MTI2000007617Passivation Station

Page 22 of 45

transmitted through SWIFT it shall be the responsibility of the bidder that he directs the

receiving banker to forward the message For delayed period of submission of SD beyond 25

days from date of order interest will be recovered as mentioned below

For Indian suppliers it will be SBAR plus 2 and EUROBORLIBOR plus 2 for Foreign

bidder Security Deposit will be returned only after successful execution of the order and shall

be interest free In the event of failure to execute the order satisfactorily the Security Deposit

will be encashed by MDL PSUs can submit Indemnity bond in lieu of Security deposit Bidders can submit SD amount

by using payment gateways through MDL website

24 Delivery ScheduleWork Completion Schedule and delivery term (For foreign bidders) The

entire scope of work ie Design manufacture Supply Installation Commissioning STW amp

Training to be completed within 6 months from the date of receipt of PO

1) Supplydelivery of machineItemsEquipmentsspares at MDL = within 20 weeks (CIF delivery) and

2) Time for transportation amp custom clearance time = 2 weeks

3) Installation Trials Training and Commissioning = Within 2 weeks

Delivery Term (1) Supply For Indigenous bidder Door DeliveryFOR MDL GRS Stores

For Overseas Bidder CIF Port of destination (Mumbai)

(2) Installation Commissioning STW Training -

For Overseas Bidders At MDL site

Training to be imparted to Non-executives-04 Nos for 7 days (1 week)

Delivery ScheduleWork Completion Schedule and delivery term (For Indigenous bidders) The entire scope of work ie Design manufacture Supply Installation Commissioning STW amp

Training to be completed within 6 months from the date of receipt of PO

1) Supplydelivery of machineItemsEquipmentsspares at MDL = within 22 weeks (CIF

delivery) and

2) Installation Trials Training and Commissioning = Within 2 weeks

Delivery Term (1) Supply For Indigenous bidder Door DeliveryFOR MDL GRS Stores

For Overseas Bidder CIF Port of destination (Mumbai)

(2) Installation Commissioning STW Training - For Indigenous Bidders At MDL site

Training to be imparted to Non-executives-04 Nos for 7 days (1 week)

25 Assistance for Installation Testing Commissioning Maintenance amp other Technical

activities 1 Services of engineersManpower in connection with assistance of delivery

loadingunloading installation setting-in-work testing tuning commissioning

training to be considered in the scope of supply

2 All machinery equipments Oxygenother fuel gas for cutting fork lift welding Tools

amp Tackles accessories spares Chemicals consumables Special tools Fixtures and

tackles Workshop and fabrication shop Calibration facility Local transportation and

Internal Transportation storage amp preservation materials Ist fill of Oil lubricants

grease amp other resources etc required for Installation commissioning work to be

arranged by contractor Crane facility for unloading the equipment at the site Space water compressed air and electric Power will be provided by MDL

During Guarantee Warranty period the entire maintenance repair job shall be carried out by

experienced service engineers amp technicians The supply of all necessary tools tackles and

instruments required for the preventive and breakdown maintenance of the equipment covered

by this contract shall be in contractorrsquos scope No sub-contracting will be allowed

26 Spares Post sale product support 1 The Bidder shall assure a continuous supply of spare parts for at least 10 years from

GM(M)MTI2000007617Passivation Station

Page 23 of 45

the date of commissioning of the machine at MDL

2 List of Service centers amp Setup details to be provided

3 Standard accessories required for making itemequipmentmachine operational amp

ready to use should be included in the scope of supply

4 All defective parts spares can either be repaired or replaced by new parts Spares

replaced will be either of same make or equivalent as suggested by the OEM after

consultation with MDL However the total responsibility of the quality of spares supplied or parts repaired shall be with the Contractor

3 If any defective partitemequipment required to be taken out to the service center by

the firm for the further repairing the firm shall be asked to submit the necessary

indemnity bondBG as required Taking out defective partitemequipment from MDL

and bringing back repaired part item equipment to MDL is in the firmrsquos scope of

work The firm has to bear all the transportation charges amp transit insurance

27 Inspection - (a) Receipt Inspection by MDL- MDL inspection cell amp User dept shall carry out necessary

inspection of the items on receipt in the MDL Yard on the basis of an appropriate MDL

Inspection system requirement along with the representative of user dept amp the Inspection

documents submitted by suppliers Any objection raised by MDL inspection team against

quality of material or workmanship shall be satisfactorily corrected by the supplier at his

expenses including replacement as may be required within shortest possible time within 30

days Items damaged during transit shall also be rectified or replaced by the supplier within

shortest possible time

(b) Rejection of the material Any portion of the equipment found defectiverejected the

supplier shall collect the same at his cost from the MDL Yard all incidental charges being

born by supplier (inclusive of custom duty if payable) within 30 days from the date of

intimation to the supplier of such rejection The MDL reserves the rights to dispose off the

rejected item at the end of a total period of 90 days in any manner to the best advantage to the

MDLamp recover storage charges amp any consequential damages from sale proceeds of such

disposal

(c) Final work completion certificate in respect of completion of entire scope of work will be

certified by MDL user dept

28 Purchase Preference for MSE - NA

29 Risk Purchase amp Cancellation of Order (a) If the equipment article service or any portion thereof be not delivered performed by

the scheduled delivery date period any stoppage or discontinuation of ordered supply

awarded contract without written consent by Purchaser or not meeting the required quality

standards the Purchaser shall be at liberty without prejudice to the right of the Purchaser

to recover Liquidated Damages penalty as provided for in these conditions or to any

other remedy for breach of contract to terminate the contract either wholly or to the extent

of such default Amounts advanced or part thereof corresponding to the undelivered

supply shall be recoverable from the Contractor Bidder at the prevailing bank rate of interest

(b) The Purchaser shall also be at liberty to purchase manufacture or supply from stock as it

deems fit other articles of the same or similar description to make good such default and

or in the event of the contract being terminated the balance of the articles of the

remaining to be delivered there under Any excess over the purchase price cost of

manufacture or value of any articles supplied from the stock as the case may be over the

contract price shall be recoverable from the Bidder Vendor Contractor

(c) The Purchaser reserves the right to cancel an order forthwith without any financial

implications on either side if on completion of 50 of the scheduled deliveryCompletion

period the progress of manufactureSupply is not to the satisfaction of Purchaser and

failure on the part of the BidderVendorContractor to comply with the delivery schedule

is inevitable In such an event the BidderVendorContractor shall repay all the advances

GM(M)MTI2000007617Passivation Station

Page 24 of 45

together with interest at prevailing bank rates from the date of receipt of such advances till

date of repayment The title of any property delivered to Purchaser will be reverted to the

BidderVendorContractor at his cost

(d) In case of breach non-compliance of any of the agreed terms amp conditions of order

contract MDL reserves the right to recover consequential damages from the vendor

contractor on account of such premature termination of contract

(e) In case of delay beyond agreed period for liquidated damages or 10weeks from

contractual delivery period whichever is earlier MDL reserves the right to cancel the

order and procure the order items services from any available source at MDLrsquos option amp

discretion and entirely at your risk and cost Extra expenditure incurred by MDL in doing

will be recoverable from Bidder Supplier Contractor

30 Freak Low Quotes In case after opening of price bid of technically cleared firms it is noted that L-1 firm has quoted very low rates and indicates to withdraw from the tender then EMD shall be

forfeited and firm may be given tender holiday including intimation to other PSUs If the rates

quoted are less than MDL estimates by 40 or so and if the difference in rate between L1 and L2

is 30 or more than the firm will have to give additional BG of 20 of the PO value excluding

GST as additional security Bank charges for this additional BG shall be borne by MDL and

reimbursed against proof of payment

31 Indemnity - The Bidder Vendor Contractor his employees licencees agents or Sub-Vendor

Sub-contractor while on site of the Purchaser for the purpose of this contract indemnifies the

Purchaser against direct damage and or injury to the property and or the person of the Purchaser or

that of Purchasers employees agents Sub- Contractors Suppliers occurring and to the extent

caused by the negligence of the Bidder Vendor Contractor his employees licencees agents or

Sub-contractor by making good such damages to the property or compensating personal injury

and the total liability for such damages or injury shall be as mutually discussed and agreed to

You shall hold harmless and keep MDL indemnified against all claims arising as a result of

infringement of any patent rights on account of manufacture sale or use of article covered by

the order

32 MDL reserves the right to consider placement of Order Contract in part or in full against the

tendered quantity or item MDL reserves the right to place order on FOB or CIF basis

33 MDL shall not be bound by any printed conditions or provisions in the sellers bid forms or

acknowledgement of contract invoices packing list and any other documents which purport to

impose any conditions at variance with the tender terms final negotiated amp accepted terms

34 Bidders can participate in online bidding

a) By registering with above referred portal for User ID and password

b) By obtaining class III DSC (Digital Signature Certificate) for secured bidding

35 In case of improper on-line filling of Acceptance Formats for Tender Enquiry Form General

Terms amp Conditions (GTampC) and Standard Terms amp Conditions (STACS) it shall be

presumed that all our tender terms amp conditions are acceptable to you

36 In case of any clarifications bidders are requested to contact the undersigned before the closing

date of the tender Bidders can also contact toll-free customer help line of e-procurement portal

httpseprocuremdlnicin ASP on email id eproc-supportgovin Ph no 0120-4200462 0120-

4001002

Bidders intending to witness the Tender opening shall log on to httpseprocuremdlnicin

using digital signatures for witnessing the opening

GM(M)MTI2000007617Passivation Station

Page 25 of 45

37 We look forward to your participation in on-line bidding by offering your most competitive

and reasonable bid against this tender

Yours faithfully

For MAZAGON DOCK LIMITED

M Tanweer Iqbal

CM(C-MP)

Enclosure - 1 Instructions to the Bidders

Enclosure - 2 Illustrative format amp guideline for quoting prices in online Price Bid

Enclosure - 3 Standard Terms amp Conditions (STACS)

Enclosure - 4 General Terms amp Conditions (GTampC)

Enclosure - 5 Loading Factors

Enclosure - 6 Format of Letter of Credit

Enclosure 7 Bank Guarantee Format for EMD

Enclosure 8 Bank Guarantee Format for SD

Enclosure 9 Bank Guarantee Format for PBG

Enclosure - 10 MDL bank details for NEFTRTGS EMDSD transfer

Enclosure 11 Shipping Instruction for Sea amp Air Consignments

Note These Enclosuredocuments to be down loaded from our Website under below linkpath-

wwwmazagondockgovin gt Tenders gt Shipbuilding gt ldquoEnclosures Related to Tender Documents from Material

Purchase Deptrdquo

GM(M)MTI2000007617Passivation Station

Page 26 of 45

Enclosure ndash 1

Instructions to the Bidders for uploading the Techno-Commercial Bid and the Price Bid through E-

Procurement Portal

bullbullbullbull Official service provider for the website is NIC

E-mail eproc-supportgovin Office Ph No 0120-4200462 0120-4001002 Ph No +91-8826246593

bullbullbullbull Pre-requisites for up-loading the Techno-Commercial Bid

(i) Compatible computer hardware software set-up to access e-procure website

(ii) ldquoDigital Signature Certificaterdquo class III B (DSC) is a must for downloading the tender and uploading

the techno commercial offer from our website httpseprocuremdlnicin

(iii) ldquoDigital Signature Certificaterdquo class III B (DSC) can be obtained from our service provider

bullbullbullbull To ensure availability of above prerequisite is bidders responsibility

(i) It is mandatory to upload the complete techno-commercial offer and the price bid on e-

procurement

(ii) No part of the bid other than original EMD (if applicable) shall be accepted physically hard copy

outside e-procurement

(iii) Price bids shall strictly be uploaded in appropriate allotted place in the tender available in e-

procurement so that it remains secured encrypted unreadable in the system

(iv) In no circumstances the price bids shall be forwarded or uploaded in any other form

(v) Entire responsibility of the uploading of the complete techno-commercial bid along with the price

bid shall be that of the bidder

(vi) No request complaint shall be entertained after the due datetime of the tender

(vii) Non availability of any of the prerequisites or last minute calls seeking clarifications projecting

problems shall not entitle a bidder to seek request for extension of due date

(viii) Any problem with regard to uploading of the tender shall be intimated to NIC at least 24 hours in

advance to the tender closing time amp date However it will not be considered as reason for extension

of due date of the tender

(ix) Request for extension if at all to be made shall be forwarded at least 3 working days in advance to

the tender closing date time with proper reasoning The request shall be put up to the competent

authority for consideration on the merit of the case MDL reserves all rights in this regard amp decision

of MDL shall be binding to the applicant

It is important to note that the bidders can upload their bids right from the time the tender is available

at website It is advisable that the bidder uploads the bid well in time rather than wait till last minute

to avoid situations wherein he is unable to successfully upload the bid for various reasons which

cannot be addressed then due to lack of time

bullbullbullbull Special instructions to Bidders for online bidding

GM(M)MTI2000007617Passivation Station

Page 27 of 45

(i) Bidders should login well in advance to enable them to complete their bid submission before the

closing time of the tender

(ii) Bidders should submit their bid well in advance to avoid last minute frantic calls

(iii) Bidders should follow all the instructions enlisted on the front page of e-procure web page

(iv) Bidders should ensure Hardware amp Software compatibility as well as Digital Signature available on

front page of e-procure web site Request for extension of due date shall not be entertained due to

non-availability of these tools

bullbullbullbull Bidders to participate in on-line bidding

(i) By registering with above referred portal for User ID and password

(ii) By obtaining class III DSC (Digital Signature Certificate) for secured bidding

NOTE In case any vendor intending to respond against the tender and is not having the DSC to facilitate

uploading of his bid should approach the Service Provider at least 10 working days in advance of the tender

closing date requesting DSC The request so made to the Service Provider should simultaneously be

forwarded to MDL Dealing Officer In case the DSC is not received within 3 to 4 working days the GM (M)

be informed and the DSC if not received from the Service Provider three working days in advance for

suitable extension to tender closing date then only the tender due date shall be considered

GM(M)MTI2000007617Passivation Station

Page 28 of 45

Annexure-2

Illustrative format amp guideline for quoting prices in online Price Bid

Below format of price bid will appear online Indigenous bidders to follow instructions given in each respective

cell while quoting their cost in online price bid -

Item Sr no 1

Material Description As per clause No 1

Quantity As per clause No 1

Set Set

Currency INR USD EURO

For Indian Bidder Basic Unit Rate in INR only

For Foreign Bidder CIF Rate to be entered by the foreign

currency

To be quoted

of CGST+SGST or IGST on Basic rate To be quoted

Installation Commissioning Charges per Unit To be quoted

of CGST+SGST or IGST on Installation Commissioning

Charges To be quoted

Inspection Testing Charges per Unit To be quoted

of CGST+SGST or IGST on Inspection Testing Charges To be quoted

GM(M)MTI2000007617Passivation Station

Page 29 of 45

Enclosure-3

STANDARD TERMS AND CONDITIONS (STACS) 101 The word Purchaser refers to MAZAGON DOCK SHIPBUILDERS LIMITED (MDL) a Company

registered under the Indian Companies Act 1913 and it includes its successors or assignees

102 The word BidderVendorContractor means the person firm Company who undertakes to

manufacture and or supply and or undertake work of any nature assigned by the Purchaser from time to time

and includes its successors or assignees

103 The word Owner means the person or authority with whom MAZAGON DOCK SHIPBUILDERS

LIMITED (Purchaser) has contracted to carry out work in relation to which orders are placed by the

Purchaser on the BidderVendorContractor under this contract for supply or manufacture of certain items

and would include Department of Defence Production Ministry of Defence Government of India the Indian

Navy the Coast Guard and any other specified authority

120 GENERAL 121 Unless otherwise indicated specifically by the bidder contractor in his bid it shall be construed as his

acceptance of all the conditions mentioned in this STACS

200 COMMUNICATION amp LANGUAGE FOR DOCUMENTATION 201 Any letter facsimile message e-mail intimation or notice sent to the BidderVendorContractor at the

last known address mentioned in the offer order shall be deemed to be valid communication for the purpose

of the ordercontract Unless stated otherwise by the purchaser Language for communication amp all

documentation shall be same which the Purchaser has used in the tender enquiry

210 PURCHASERrsquoS PROPERTY 211 All property (such as materials drawings documents etc) issued by the Purchaser or any other

individual or firm on behalf of the Purchaser in connection with the contract shall remain confidential being

the property of the Purchaser and the BidderVendorContractor shall undertake to return all such property so

issued and will be responsible for any or all loss thereof and damage thereto resulting from whatever causes

and shall reimburse the Purchaser the full amount of loss and damage

212 On completion of work in any compartment location of the purchaserrsquos premises the

BidderSupplierContractor must ensure that the place is left in a reasonably clean state and all scrap is

transferred to nearby scrap-bins

220 RISK PURCHASE 221 If the equipment article service or any portion thereof be not delivered performed by the scheduled

delivery date period any stoppage or discontinuation of ordered supply awarded contract without written

consent by Purchaser or not meeting the required quality standards the Purchaser shall be at liberty without

prejudice to the right of the Purchaser to recover Liquidated Damages penalty as provided for in these

conditions or to any other remedy for breach of contract to terminate the contract either wholly or to the

extent of such default Amounts advanced or part thereof corresponding to the undelivered supply shall be

recoverable from the Contractor Bidder at the prevailing bank rate of interest

222 The Purchaser shall also be at liberty to purchase manufacture or supply from stock as it deems fit

other articles of the same or similar description to make good such default and or in the event of the contract

being terminated the balance of the articles of the remaining to be delivered there under Any excess over the

purchase price cost of manufacture or value of any articles supplied from the stock as the case may be over

the contract price shall be recoverable from the Bidder Vendor Contractor

230 RECOVERY ADJUSTMENT PROVISIONS 231 Payment made under one order shall not be assigned or adjusted to any other order except to the extent

agreed upon in writing by the Purchaser During the currency of the contract if any sum of money is payable

by the Bidder Vendor Contractor the same shall be deducted from any sum then due or thereafter may

become due to the Bidder Vendor Contractor under the contract or any other contract with the Purchaser

240 ADDITIONAL BANK GUARANTEE In case after opening of price bid of technically cleared firms it is noted that L-1 firm has quoted very low

rates and indicates to withdraw from the tender then EMD shall be forfeited and firm may be given tender

holiday including intimation to other PSUs If the rates quoted are less than MDL estimates by 40 or so and

if the difference in rate between L1 and L2 is 30 or more then the firm will have to give additional BG of

20 of the PO value as additional security Bank charges for this additional BG shall be borne by MDL and

reimbursed against proof of payment

250 INDEMNIFICATION 251 The Bidder Vendor Contractor his employees licencees agents or Sub-Vendor Sub-contractor

while on site of the Purchaser for the purpose of this contract indemnifies the Purchaser against direct

GM(M)MTI2000007617Passivation Station

Page 30 of 45

damage and or injury to the property and or the person of the Purchaser or that of Purchasers employees

agents Sub- Contractors Suppliers occurring and to the extent caused by the negligence of the Bidder

Vendor Contractor his employees licencees agents or Sub-contractor by making good such damages to the

property or compensating personal injury and the total liability for such damages or injury shall be as

mutually discussed and agreed to

260 TRANSFER OF VENDORS CONTRACTORrsquoS RIGHTS 261 The Bidder Vendor Contractor shall not either wholly or partly sell transfer assign or otherwise

dispose of the rights liabilities and obligations under the contract between him and the Purchaser without

prior consent of the Purchaser in writing

270 SUBCONTRACT amp RIGHT OF PURCHASER 271 The Bidder Vendor Contractor under no circumstances undertake or subcontract any work contract

from or to any other Sub-contractor without prior written approval of the Competent Authority of Purchaser

In the event it is found that such practice has been indulged in the contract is liable to be terminated without

notice and the Bidder Vendor Contractor is debarred all from future tender enquiries work orders

However in no circumstances a contractor is permitted to subcontract any part of the contract to the bidders

who had quoted for the concerned tender

280 PATENT RIGHTS 281 The Bidder Vendor Contractor shall hold harmless and keep the Purchaser indemnified against all

claims arising as a result of infringement of any patent copy rights on account of manufacture sale or use of

articles covered by the order

290 AGENTS AGENCY COMMISSION

291 The seller confirms and declares to the buyer that the seller is the original manufacturer or authorized

distributorstockiest of original manufacturer of the stores referred to in this contract and has not engaged any

individual or firm whether Indian or foreign whatsoever to intercede facilitate or in any way to

recommended to the Buyer or any of its functionaries whether officially or unofficially to the award of the

Contract Purchase order to the Seller nor has any amount been paid promised or intended to be paid to any

such individual or firm in respect of any such intercession facilitation or recommendation The Seller agrees

that if it is established at any time to the satisfaction of the Buyer that the present declaration is in any way

incorrect or if at a later stage it is discovered by the Buyer that the Seller has engaged any such

individualfirm and paid or intended to pay any amount gift reward fees commission or consideration to

such person party firm or institution whether before or after the signing of this Contract Purchase order

the Seller

will be liable to refund that amount to the Buyer

Tender no GM (M)GRA2000007246 Page 16 of 26

The seller will also be debarred from participation in any RFQTender for new projectsprogram with Buyer

for a minimum period of five years

The buyer will also have a right to consider cancellation of the Contract either wholly or in part without any

entitlement or compensation to the Seller who shall in such event be liable to refund all payments made by

the buyer in terms of the Contract along with interest at the rate of 2 per annum above LIBOR (London

Inter Bank Offer Rate) (for foreign vendors) and base rate of SBI plus 2 (for Indian Vendors)

The Buyer will also have the right to recover any such amount from any contracts concluded earlier with

Buyer

300 USE OF UNDUE INFLUENCE CORRUPT PRACTICES

301 The Bidder Supplier Contractor undertakes that he has not given offered or promised to give directly

or indirectly any gift consideration reward commission fees brokerage or inducement to any person in

service of the Purchaser or otherwise in procuring the contract or forbearing to do or for having done or

forborne to do any act in relation to the obtaining or execution of the Contract with the Purchaser for showing

or forbearing to show favour or disfavour to any person in relation to the Contract or any other Contract with

the Purchaser Any breach of the aforesaid undertaking by the Bidder Supplier Contractor or any one

employed by him or acting on his behalf (whether with or without the knowledge of the Bidder Supplier

Contractor) or the commission of any offence by the Bidder Supplier Contractor or any one employed by

him or acting on his behalf as defined in Chapter IX of the Indian Penal Code 1980 or the Prevention of

Corruption Act 1947 or any other Act enacted or the prevention of corruption shall entitle the Purchaser to

cancel the contract and all or any other contracts with the Bidder Contractor Supplier and recover from the

Bidder Supplier Contractor the amount of any loss arising from such cancellation Decision of the

Purchaser or his nominee to the effect that a breach of the undertaking has been committed shall be final and

binding on the Bidder Supplier Contractor

302 The Bidder Supplier Contractor shall not offer or agree to give any person in the employment of

GM(M)MTI2000007617Passivation Station

Page 31 of 45

Purchaser any gift or consideration of any kind as Inducement or reward for doing or forbearing to do or

for having done or forborne to do any act in relation to the obtaining or execution of the contracts Any

breach of the aforesaid condition by the Bidder Supplier Contractor or any one employed by them or

acting on their behalf (whether with or without the knowledge of the Bidder Supplier Contractor) or the

commission of any offence by the Bidder Supplier Contractor or by any one employed by them or acting

on their behalf which shall be punishable under the Indian Penal Code 1980 andor the Prevention of

Corruption by Public Servants shall entitle Purchaser to cancel the contracts and all or any other contracts

and then to recover from the Bidder Supplier Contractor the amounts of any loss arising from such

contracts cancellation including but not limited to imposition of penal damages forfeiture of Security

Deposit encashment of the Bank Guarantee and refund of the amounts paid by the Purchaser

303 In case it is found to the satisfaction of the Purchaser that the Bidder Supplier Contractor has

engaged an Agent or paid commission or influenced any person to obtain the contract as described in clauses

relating to Agents Agency Commission and use of undue Influence the Bidder Supplier Contractor on a

specific request of the Purchaser shall provide necessary information inspection of the relevant financial

document information

310 IMMUNITY OF GOVERNMENT OF INDIA CLAUSE 311 It is expressly understood and agreed by and between Ms (Bidder Supplier Contractor) and

MAZAGON DOCK SHIPBUILDERS LIMITED Dockyard Road Mumbai - 400 010 (MDL) is entering

into this Agreement solely on its own behalf and not on the behalf of any person or entity In particular it is

expressly understood and agreed that the Government of India is not a party to this Agreement and has no

liabilities obligations or rights hereunder It is expressly understood and agreed that MDL is an independent

legal entity with power and authority to enter into contracts solely in its own behalf under the applicable of

Laws of India and general principles of Contract Law The (Bidder Supplier Contractor) expressly agrees

acknowledges and understands that MDL is not an agent representative or delegate of the Government of

India It is further understood and agreed that the Government of India is not and shall not be liable for any

acts omissions and commissions breaches or other wrongs arising out of the contract Accordingly (Bidder

Supplier Contractor) hereby expressly waives releases and foregoes any and all actions or claims including

cross claims impleader claims or counter claims against the Government of India arising out of this contract

and covenants not to sue Government of India in any manner claim cause of action or thing whatsoever

arising of or under this Agreement

320 EXPORT LICENCE 321 The export licenses that may be required for delivery of the various itemsequipment to MDL shall be

arranged by the Bidder Supplier Contractor from the concerned authorities in their country without any

time amp cost implications on the Purchaser

330 BANNED OR DE-LISTED CONTRACTORS VENDORS 331 The Bidder Vendor Contractor declares that they being Proprietors Directors Partners have not

been any time individually or collectively blacklisted or banned or de-listed by any Government or quasi

Government agencies or PSUs If a bidderrsquos entities as stated above have been blacklisted or banned or delisted

by any Government or quasi Government agencies or PSUs this fact must be clearly stated and it may

not necessarily be a cause for disqualifying him

340 DUTY OF PERSONNEL OF SUPPLIERVENDOR 341 MDL being a Defence Organization Bidder Vendor Contractor undertakes that their personnel

deployed in connection with the entrusted work will not indulge in any activities other than the duties

assigned to them

350 DISPUTE RESOLUTION MECHANISM AND ARBITRATION

351 DISPUTE RESOLUTION MECHANISM (DRM) i) Any disputedifferences between the parties arising out of and in connection with the contract shall be

settled amicably by mutual negotiations

ii) In case of non-settlement by (i) above if at any time before during or after the contract period any

unsettled claim dispute or difference arose between the parties upon or in relation to or in connection with

or in any way touching or concerning this tenderagreementordercontract the same shall be referred to the

concerned Functional Director

The Functional Director shall then nominate an Executive of the rank of General Manager whom he thinks fit

and competent or a Committee of Executives whowhich shall then scrutinise the claimsdisputes that have

been referred to the concerned functional Director and make efforts for amicable settlements by mutual

discussionsnegotiations

iii) In case no amicable settlement is arrived by (ii) above within a period of three months then the contractor

shall approach Public Grievance Cell and address the disputes as per the provisions made under the relevant

GM(M)MTI2000007617Passivation Station

Page 32 of 45

clause of the contract

iv) In case the issuesdisputes do not get settled within a period of six months from the date of

submission of the dispute to the Grievance Cell then the contractor may invoke Arbitration Clause of the

contract

352 ARBITRATION Unresolved disputesdifferences if any shall then be settled by arbitration The

Arbitration proceedings shall be conducted at Mumbai India in English Language under the Arbitration amp

Conciliation Act 1996

MDL prefers to have arbitration through Institutes such as Indian Council of Arbitration (ICA)ICA-DR with

the mutual consent of the parties

353 In case of unresolved differencedispute between the Purchaser and Supplier being Central Public

Sector EnterprisesCentral Govt departments the disputes shall be resolved firstly through mutual discussion

or through the empowered agencies of the Govt or through arbitration by reference by either party to the

department of Public Enterprises as per extant guidelines If disputesdifferences remain

unresolvedunexecuted the same shall be referred first to the Cabinet Secretariat and then if necessary to the

PMO

354 Any changes to arbitration clause must be vetted by HOD (Legal) before incorporation in

contractPO

360 JURISDICTION OF COURTS 361 All contracts shall be deemed to have been wholly made in Mumbai and all claims there under are

payable in Mumbai City and it is the distinct condition of the order that no suit or action for the purpose of

enforcing any claim in respect of the order shall be instituted in any Court other than that situated in Mumbai

City Maharashtra State India ie courts in Mumbai shall alone have jurisdiction to decide upon any dispute

arising out of or in respect of the contract

-----------------------

GM(M)MTI2000007617Passivation Station

Page 33 of 45

Enclosure-4

GENERAL TERMS amp CONDITIONS (GTampC)

A10 Blank

A20 SECURITY DEPOSIT A21 The successful bidder shall submit a Security Deposit 5 of the contract order value (excluding

taxes duties freight service component) of the Order in the form of Demand Draft Bank Guarantee in the

prescribed format in favour of Purchaser within 25 days from date of Contract The Security Deposit will be

returned only after the successful execution of the order contract Refund of Security Deposit whenever

considered admissible by the Purchaser shall be without interest only

A30 FORFEITURE OF EMD BID BOND A31 In cases of withdrawal of bid during validity period or during any extension granted thereof non

acceptance of agreed conditions of Technical and or Commercial and or Price Negotiations non-submission

of the security deposit and or non-acceptance of the order the EMD or bid security will be forfeited or

encashed as the case may be

A40 FORFEITURE OF SECURITY DEPOSIT A41 Non-performance of agreed terms and or defaultbreach by BidderVendorContractor will result in

forfeiture of security deposit with application of risk purchase provisions as felt appropriate by the Purchaser

A50 FORFEITURE OF PERFORMANCE GUARANTEE A51 In the event of BidderVendorContractor failure to attend the Guarantee defects within a reasonable

period of time the Performance Bank Guarantee will be encashed by the Purchaser The Purchaserrsquos decision

shall be final and binding on BidderVendorContractor

A60 SUPPLIES A61 The equipment products items Services to be supplied shall be strictly in accordance with the

Drawings Specifications Requirements indicated in the Tender Enquiry Order with deviations if any as

mutually accepted

A70 PROGRESS REPORTING amp MONITORING A71 Where so stipulated in the order the Bidder Supplier Contractor shall render such reports from time

to time as regards the progress of the contract and in such a form as may be called for by the Purchaser

A80 CANCELLATION OF ORDER A81The Purchaser reserves the right to cancel an order forthwith without any financial implications on either

side if on completion of 50 of the scheduled deliveryCompletion period the progress of

manufactureSupply is not to the satisfaction of Purchaser and failure on the part of the

BidderVendorContractor to comply with the delivery schedule is inevitable In such an event the

BidderVendorContractor shall repay all the advances together with interest at prevailing bank rates from the

date of receipt of such advances till date of repayment The title of any property delivered to Purchaser will

be reverted to the BidderVendorContractor at his cost

A82 In case of breach non-compliance of any of the agreed terms amp conditions of order contract MDL

reserves the right to recover consequential damages from the vendor contractor on account of such

premature termination of contract

A83 In case of delay beyond agreed period for liquidated damages or 10weeks from contractual delivery

period whichever is earlier MDL reserves the right to cancel the order and procure the order items services

from any available source at MDLrsquos option amp discretion and entirely at your risk and cost Extra expenditure

incurred by MDL in doing will be recoverable from Bidder Supplier Contractor

A90 PRESERVATION AND MAINTENANCE

A91 Should any material require any preservation till its final installationfitment the detailed procedure

(Long term amp short term) for the same as also the time of interval after which the state of preservation needs

to be reviewed is to be stated by the BidderVendorContractor

A92 Further the de-preservation prior to the materialequipment being commissioned and the maintenance

procedure together with its periodicity is also to be indicated by the Bidder Vendor Contractor

A93 The Bidder Vendor Contractor in their offer must confirm that indigenous oil lubricants and

preservatives etc can be used in the equipment The bidder must also give assurance that the equipment

performance will not be downgraded by use of indigenous equivalents

A100 FREIGHT amp INSURANCE

A101 For Indigenous Bidders In cases where the offers are for Door Delivery to Purchaser transit freight

amp Insurance charges shall be borne by the Bidder Supplier Contractor In other agreed cases of Ex-works

Ex-Transporters warehouse or Railway godown offers the Bidder Supplier Contractor on dispatch shall

give details of materials with dispatch particulars and their value in time to Purchasers Insurance Company

GM(M)MTI2000007617Passivation Station

Page 34 of 45

on the contact details as provided in the order In such agreed cases the freight amp insurance charges will be

paid by the purchaser directly to the parties concerned

A102 For Foreign Bidders For overseas supplies on CIF port of dispatch basis Transit Insurance shall be

arranged by the Purchaser The Bidder Supplier Contractor shall immediately on despatch of the

items inform all relevant details of despatch such as Order number Bill of LadingAWB number

marked as Freight Paid Insurance policydocument number of packages value of consignment

invoice number in time directly to Purchasers Insurance company amp Purchaser on the contact details

as provided in the order In case of delivery term other than CIFCIP the freight amp insurance charges

will be paid by the purchaser directly to the parties concerned

A110 TAXES amp DUTIES STATUTORY LEVIES A111 Taxes and duties applicable if any shall be regularized by MDL by issuing necessary exemption

certificates in respect of procurement for Defence Projects Bidder shall indicate separately the GST and

duties applicable in their offer When the items qualify for exemption partlyfully but the supplier did not

avail of the same the amount of taxes and duties on such supplies shall be to supplierrsquos account In cases

where exemption certificates are not issued for any reason taxes shall be paid as indicated in the Purchase

OrderContract Tax deduction at source will be effected wherever applicable (eg TDS under Income tax

Act TDS on Works Contract under GST Act etc) from the bills of the Supplier as per statutes Similarly

where payment of Custom duty is agreed to and stipulated in the Purchase Order Contract the same will be

paid by the Purchaser on receipt of supplierrsquos bills along with Custom Certified Duty Paid Challan-Money

Receipt in original or carbon copy as relevant These Challans Receipts Bill of Entry are to be drawn issued

in the name of lsquoMAZAGON DOCK SHIPBUILDERS LIMITEDrsquo only Where payment of GST is agreed to

and stipulated in the Purchase Order Contract the same will be paid by the Purchaser on the basis of

Suppliers TAX INVOICE wherein the GST Number along with HSN SAC code is indicated in the Invoice

A120 DEMURRAGE A121 Storage and Demurrage charges will be payable by the Bidder Vendor Contractor for all shipments

that reach purchaser without proper dispatch documentations Lorry Receipts not accompanied by packing

lists invoices etc The Supplier shall be responsible for fines due to errors or omissions in description weight

or measurements and for increased handling charges due to improper packing

A130 INSPECTION TESTING A131The ordered items will be inspected either by Classification Society Nominated Agency and or by

Inspection Officer nominated by Purchaser at stages defined in the tender Purchase Order or as agreed to be

defined subsequently in terms of the Purchase Order

A132 The decision of the Inspecting Authority or their representatives as the case may be on any question

of the intent meaning and the scope of Specifications Standards shall be final conclusive and binding on

the Bidder Vendor Contractor

A133 The Bidder Vendor Contractor shall accord all facilities to Purchasers Inspectors Nominated

Agency to carry out Inspection Testing during course of manufacture final testing

A140 RECEIPT INSPECTION BY MDL A141 MDL shall carry out necessary inspection of the items on receipt on the basis of an appropriate quality

assurance system and inspection system requirements along with representative of the Owner Any objection

raised by MDL Quality Control Team against quality of materials or workmanship shall be satisfactorily

corrected by the Contractor at his expense including replacement as may be required within shortest possible

time within 30 days Items damaged during transit shall also be rectified replaced by the Contractor within

shortest possible time payment for which shall be made at mutually agreed rates

A150 REJECTION OF MATERIALS A151 Should the articles or any portion thereof of the equipment be found defective rejected the Bidder

Vendor Contractor shall collect the same from the Purchasers Stores all incidental charges being borne by

him (inclusive of Custom duty if payable) within 30 days from the date of intimation to the Bidder Vendor

Contractor of such rejection The Purchaser reserves the right to dispose off the rejected items at the end of

a total period of 90 days in any manner to the best advantage to the Purchaser and recover storage charges

and any consequential damages from sale proceeds of such disposal

A160 TECHNOLOGICAL DEVELOPMENTS MODIFICATIONS

A161 The Bidder Supplier Contractor shall unconditionally and free of cost to the Purchaser transfer

information on technological developments innovations modifications which the BidderSupplier

Contractor would evolve in future (within 3 years) in relation to the supplied equipment To enable this the

Purchasers address shall be added to the Bidder Supplier Contractorrsquos mailing list or database or any other

document maintained for dissemination of product information and the Purchaser shall be informed of the

GM(M)MTI2000007617Passivation Station

Page 35 of 45

action taken in this regard If such improvements modifications are brought in by the Bidder Supplier

Contractorrsquos Design Department in the course of manufacture of equipment ordered by the Purchaser the

Bidder Supplier Contractor shall incorporate such improved versions in the equipment without any extra

cost to the Purchaser under Purchaserrsquos prior consent

A162 If the Purchaser be desirous of getting incorporated all post supply modifications improvements

arising out of technological developments to the original equipment supplied by the Bidder Supplier

Contractor the Bidder Supplier Contractor shall quote for and carry out all such modifications to the

equipment

A163 Where the whole or a portion of the equipment has been specifically developed by the Bidder

Supplier Contractor for the Owner and the latter would through the Purchaser be bearing the entire or part

of the development cost incurred by the Bidder Supplier Contractor the design rights for the whole or

portion thereof of the equipment as appropriate shall vest in the Owners

A164 Prior approval of the Owner should be obtained before similar articles are sold supplied to any other

party other than the Owner If such approval is given and sale is effected the Bidder Supplier Contractor

shall pay to the Owner royalty at the rate mutually agreed to

A165 The Sub-contractor Supplier Supplier shall continue to support the equipment for a minimum period

of 20 years from the date of supply by making available spare parts and assemblies of the equipment

supplied Should the Sub-contractor Supplier Supplier decides to discontinue the product for any reason

whatsoever adequate notice shall be given to the Purchaser Owner to enable procurement of the requisite

lifetime spares

A170 PURCHASERrsquoS RIGHT TO ACCEPT ANY BID PART OF BID AND TO REJECT ANY OR

ALL BIDS A171 The Purchaser reserves the right to accept and or reject any or all tenders and or to withdraw the tender

in Toto and or award the contract order in full or part to more than one vendor contractor without

assigning any reason whatsoever and without thereby incurring any liability to the affected Bidder or Bidders

or any obligations to inform the affected Bidder or Bidders of the grounds for MDL action

A180 BANK GUARANTEE INSURANCE COVER FOR FREE ISSUE MATERIAL A181 The Bidder Supplier Contractor shall furnish Bank Guarantee insurance Cover equivalent to the

value of materials supplied by MDL free of cost valid up to the execution of the contract delivery of

material inspected accepted and receipt at MDL together with the material reconciliation statement

whichever is later

A190 BIDDERrsquoS RESPONSE IN CASE OF NO PARTICIPATION A191 The Sub-contractor Supplier Vendor shall inform the Purchaser in advance in case he is unable to

participate in the tender for whatsoever reason Failure to comply with this will be viewed seriously and

consecutive three failures on the part of Sub-contractor Supplier Vendor to do so is liable for

disqualification debarring of the Sub-contractor Supplier Vendor from all future tender enquiries and or

delisting from the list of Approved Registered Vendors

A230 PREFERENCETIAL PURCHASE FROM MSE VENDORS ndash Not Applicable MDL has right to place order on MSE firm meeting following criteria

In tenders if participating MSEs quoted prices are within price band of L1+15 such MSEs shall also be

allowed to supply a portion up to 20 of requirement by bringing down their prices to L1 price where L1 is

non MSEs If more than 1 MSEs fall under such criteria then this 20 shall be distributed proportionally

This preference shall not be applicable where MSE firm is L1 firm out of 20 percent target of annual

procurement from Micro and Small Enterprises a sub-target of 20 percent (ie 4 percent out of 20 percent)

shall be earmarked for procurement from Micro and Small Enterprises owned by the Scheduled Caste or the

Scheduled Tribe Entrepreneurs In respect of items reserved for MSE extant guidelines shall be followed

Presently Circular No SO 581(E) dated 23032012 is applicable

GM(M)MTI2000007617Passivation Station

Page 36 of 45

Annexure-5

LOADING FACTORS A

Sr

No

Description Foreign Supplier

100 import content

Indigenous

Supplier with part

Import content

Indigenous

Supplier without

Import content

1 Basic Price Quoted

CIF

a a Ex Works

b b Delivered to

MDL Stores

a Ex Works

b Delivered to

MDL Stores

2 Add Insurance Charges Nil In case of 1 (a) In case of 1 (a)

3 Add Sea Air Freight charges

Inland Road Transport Nil In case of 1 (a) In case of 1 (a)

4

Customs Clearance Port

Handling Transportation to

Yard

Applicable NIL NIL

5

Cost (ex-MDL) excluding taxes

amp duties without loading

towards any deviations

CIF price +

SrNo4 Sr Nos (1+2+3) Sr Nos (1+2+3)

B LOADINGS DUE TO VARIATIONS IN FINANCIAL TERM

6 Variation in payment Terms

Varied payment terms quoted by bidders as compared to the terms stated

in the tender document shall be normalized on the amount(s) at variation

and or for the period (in no of days) at variation by adopting the Prime

Lending Rate of State Bank India plus 2 thereon incase of indigenous

bidders and LIBOR EURIBOR rates in case of foreign bidders

7

Income tax amp Service Tax on

Technical Services Service

Engineers liability to MDL

Normalization shall be done in respect of the amount of tax that have to

be borne by the Company

8 Production norms such as

scrap output ndash input ratio

9 Base date for price variation

clause

1

0

Cost (ex-MDL) excluding taxes

amp duties after loading for

variations in financial term

(SR Nos 5 + 6 + 7 + 8 + 9)

C LOADING ON ACCOUNT OF DEVIATIONS IN FOLLOWING COMMERCIAL TERMS

11

Security Deposit Contract

Performance Guarantee Mandatory

12

Equipment Performance

Guarantee Mandatory

13

Additional delivery period

sought over stipulated period as

per Tender

For the additional period sought by the bidder over the stipulated date of

delivery as per tender 050 per week for delayed period will be loaded

to the quoted price if the period under variation does not lead to bid

rejection criteria 14 Additional time sought for

supplying binding data

15 Liquidated damages per week

rate Maximum Ceiling

If bidder seeks less than 5 (Max ceiling) then the difference will be

loaded

The rate of LD per week or part thereof is 05 If bidder seeks say 04

per week or part thereof then Max Ceiling of LD will be equated to

weeks (Say 10 weeks) then LD proposed by bidder works out to 10 X 04

= 4 then 1 will be loaded

16 Warranty Guarantee

Deviations in respect of the period of Warranty shall be loaded to the

quoted price 025 per month or part thereof This does not arise if

the bidder quotes additional price for the differential period

GM(M)MTI2000007617Passivation Station

Page 37 of 45

17

Cost (Ex-MDL) excluding taxes

amp duties after loading for

variations on account of

financial and commercial terms

Sr Nos 10 + 11 + 12 + 13 + 14 + 15 + 16

D LANDED COST

18

Taxes amp Duties

19

Landed Cost Sr Nos 17 + 18

GM(M)MTI2000007617Passivation Station

Page 38 of 45

Annexure-6

LETTER OF CREDIT FORMAT FOR SHIPMENT BY SEA AIR

40A Form of Documentary Credit Type IRREVOCABLE

20 Transaction Reference Number Documentary

Credit Number

31C Date of Issue Date

31D Date and Place of Expiry Date

Place NEGOTIATING BANK

51A Applicant Bank BIC BANKERS OF MDLMUMBAI

50 Applicant Name amp Address MAZAGON DOCK SHIPBUILDERS LTD

DOCKYARD ROAD MAZAGON MUMBAI ndash

400 010

59 Beneficiary Name amp Address

32B Currency Code Amount

Currency

Amount

39A Percentage Credit Amount Tolerance

Tolerance 1

Tolerance 2

41D Available with hellipByhellip Name amp Address

42C Draft at hellip Narrative SIGHTNEGOTIATION

42D Drawee Name amp Address BANKERS OF MDLMUMBAI

43P Partial Shipments Narrative ALLOWEDNOT ALLOWED

43T Transhipment Narrative ALLOWEDNOT ALLOWED

44A Loading on Board Dispatch Narrative AIRPORT SEAPORT (AS PER TENDER

ENQUIRYORDER)

44B For Transportation to Narrative AIRPORT SEAPORT (AS PER TENDER

ENQUIRYORDER)

44C Latest Date of Shipment Date

46A Documents required Narrative (AS PER TENDER ENQUIRY)

47A Additional conditions Narrative 1 ALL DOCUMENTS SHOULD BE MARKED

WITH IEC CODE NO0388070412 LC NO

AND DATE AND IMPORT UNDER NON-

NEGATIVE LIST OF IMPORT EXPORT

POLICY AM

2 DISCREPANT DOCUMENTS TO BE SENT

STRICTLY ON COLLECTION BASIS

71B Details of charges Narrative ALL FOREIGN BANK CHARGES OUTSIDE

INDIA ARE FOR THE BENEFICIARYrsquoS

ACCOUNT

48 Period for presentation

Narrative

WITHIN ----- DAYS FROM THE DATE OF

BILL OF LADING AIRWAY BILL 49 Confirmation instructions

Instruction

WITHOUT

53D Reimbursing Bank

Name amp Address

BANKERS OF MDL WILL SPECIFY

78 Instructions to the Paying Accepting Bank

Narrative

BANKERS OF MDL WILL SPECIFY 72 Sender to Receiver Information

Narrative

BANKERS OF MDL WILL SPECIFY

GM(M)MTI2000007617Passivation Station

Page 39 of 45

Enclosure-7

PROFORMA BANK GUARANTEE FOR BID BOND EMD

(On Non-Judicial stamp paper of value Rs 500-)

IN CONSIDERATION OF MAZAGON DOCK SHIPBUILDERS LIMTED a company incorporated under the Companies Act 1956 and having its registered office at Dockyard Road Mumbai 400010 (hereinafter referred to as

the ldquothe Companyrdquo which expression shall unless it be repugnant or contrary to the subject or context thereof be

deemed to mean and include its successors and assigns) having agreed to accept the Earnest Money Deposit (EMD)

of Rs--------------------------- -------(Rupees-----------------------------only) in the form of Bank Guarantee from Messers

a partnership firmsole proprietor businessa company registered under the Companies Act 1956

having its office at (hereinafter called the tenderer which expression shall unless it be

repugnant or contrary to the subject or context thereof be deemed to mean and include its successors and assigns) for

participating in the Tender nodated (hereinafter called the tender which expression

shall include any amendmentsalterations to the tender issued by the Company) for the supply delivery at site

installation and commissioning of certain equipment itemservicescivil works etc We

Bank having office at (hereinafter referred to as ldquothe Bankrdquo which

expression shall includes its successors and assigns) hereby agree to pay to the Company without any demur on first

demand an amount not exceeding Rs (Rupeesonly) against any loss or damage costs charges and expenses caused to or suffered by the Company by reason of non performance and non-fulfilment or for

any breach on the part of the tenderer of any of the terms and conditions of the said tender

2 We Bank further agree that the Company shall be sole judge whether the said tenderer has

failed to perform or fulfil the said tender in terms thereof or committed breach of any terms and conditions of the

tender the extent of loss damage cost charges and expenses suffered or incurred or would be suffered or incurred by

the Company on account thereof and we waive in the favour of the Company all the rights and defences to which we

as guarantors may be entitled to

3 We Bank further agree that the amount demanded by the Company as such shall be final and

binding on the Bank as to the Bank s liability to pay and the amount demanded and the Bank undertake to pay the

Company the amount so demanded on first demand and without any demur notwithstanding any dispute raised by the

tenderer or any suit or other legal proceedings including arbitration pending before any court tribunal or arbitrator

relating thereto our liability under this guarantee being absolute and unconditional

4 We Bank further agree with the Company that the Company shall have the fullest liberty

without our consent and without affecting in any manner our obligations hereunder to vary any of the terms and

conditions of the said tenderor to extend time of performance by the tenderer from time to time or to postpone for

any time to time any of the powers exercisable by the Company against the tenderer and to forbear to enforce any of

the terms and conditions relating to the tender and we shall not be relieved from our liability by reason of any such

variation or extension being granted to the tenderer or for any forbearance act or omission on the part of the

Company or any indulgence by the Company to the tenderer or by any such matter or things whatsoever which under

the law relating to sureties would have the effect of relieving us

5 We Bank further undertake not to revoke this guarantee during its currency except with

the previous consent of the Company in writing

6 We Bank also agree that the Bankrsquos liability under this guarantee shall not be affected

by any change in the constitution of the tenderer or dissolution or winding up of the business of the tenderer

7 Notwithstanding anything contained herein above

i) Our liability under this guarantee shall not exceed Rs

ii) This Bank Guarantee shall be valid upto and including and

iii) We are liable to pay the guarantee amount or any part thereof under this Bank Guarantee only and only if you

serve upon us a written claim or demand on or before helliphelliphellip (validity + --- weeks from the date of expiry of this

guarantee)

8 This Guarantee shall be governed by Indian laws and the Courts at Mumbai India shall have the exclusive

jurisdiction

GM(M)MTI2000007617Passivation Station

Page 40 of 45

IN WITNESS WHEREOF the Bank has executed this document on this day

of

For Bank

(by its constituted attorney

or the person authorized to sign)

(Signature of a person authorized

to sign on behalf of the Bank)

GM(M)MTI2000007617Passivation Station

Page 41 of 45

Enclosure-8

PROFORMA BANK GUARANTEE FOR SECURITY DEPOSIT (ILLUSTRATIVE FORMAT)

(On Non-Judicial stamp paper of value Rs 500)

IN CONSIDERATION OF MAZAGON DOCK SHIPBUILDERS LIMTED a company incorporated under the

Companies Act 1956 and having its registered office at Dockyard Road Mumbai 400010 (hereinafter referred to as

the ldquothe Purchaserrdquo which expression shall unless it be repugnant or contrary to the subject or context thereof be

deemed to mean and include its successors and assigns) having placed an order on Messers

a partnership firmsole proprietor businessa company registered under the Companies Act 1956

having its office at (hereinafter called the Contractor Supplier which expression shall unless it

be repugnant or contrary to the subject or context thereof be deemed to mean and include its successors and assigns)

vide order No dated (hereinafter called the order which expression shall include any

amendmentsalterations to the order issued by the Purchaser) for the supply delivery at site installation and

commissioning of certain equipment itemservicescivil works etc as stated in the said Order and the Purchaser

having agreed with the ContractorSupplier to accept a Bank Guarantee in lieu of Security Deposit payable under the

said order for the fulfilment and performance of the said order We Bank having

office at (hereinafter referred to as the Bank which expression shall includes its

successors and assigns) hereby agree to pay to the Purchaser without any demur on first demand an amount not

exceeding Rs (Rupeesonly) being 5 of the order value against any loss or damage costs

charges and expenses caused to or suffered by the Purchaser by reason of non performance and non-fulfilment or for

any breach on the part of the Contractor Supplier of any of the terms and conditions of the said order

2 We Bank further agree that the Purchaser shall be sole judge whether the said

contractorSupplier has failed to perform or fulfil the said order in terms thereof or committed breach of any terms

and conditions of the order and the extent of loss damage cost charges and expenses suffered or incurred or would

be suffered or incurred by the Purchaser on account thereof and we waive in the favour

of the Purchaser all the rights and defences to which we as guarantors may be entitled to

3 We Bank further agree that the amount demanded by the Purchaser as such shall be final and

binding on the Bank as to the Bank s liability to pay and the amount demanded and the Bank undertake to pay the

Purchaser the amount so demanded on first demand and without any demur notwithstanding any dispute raised by the

ContractorSupplier or any suit or other legal proceedings including arbitration pending before any court tribunal or

arbitrator relating thereto our liability under this guarantee being absolute and unconditional

4 We Bank further agree with the Purchaser that the Purchaser shall have the fullest liberty

without our consent and without affecting in any manner our obligations hereunder to vary any of the terms and

conditions of the said orderor to extend time of performance by the Supplier from time to time or to

postpone for any time to time any of the powers exercisable by the Purchaser against the Contractor Supplier and to

forbear to enforce any of the terms and conditions relating to the order and we shall not be relieved from our liability

by reason of any such variation or extension being granted to the Contractor Supplier or for any forbearance act or

omission on the part of the Purchaser or any indulgence by the

Purchaser to the ContractorSupplier or by any such matter or things whatsoever which under the law relating to

sureties would have the effect of relieving us

5 We Bank further undertake not to revoke this guarantee during its currency except with

the previous consent of the Purchaser in writing

6 We Bank also agree that the Bankrsquos liability under this guarantee shall not be affected

by any change in the constitution of the Contractor Supplier or dissolution or winding up of the business of the

contractor supplier

7 Notwithstanding anything contained herein above

i) Our liability under this guarantee shall not exceed Rs

ii) This Bank Guarantee shall be valid upto and including and

GM(M)MTI2000007617Passivation Station

Page 42 of 45

iii) We are liable to pay the guarantee amount or any part thereof under this Bank Guarantee only and only if you

serve upon us a written claim or demand on or before helliphelliphelliphellip(validity + ---weeks from the date of expiry of this

guarantee)

8 This Guarantee shall be governed by Indian laws and the Courts at Mumbai India

shall have the exclusive jurisdiction

IN WITNESS WHEREOF the Bank has executed this document on

this day of

For Bank

(by its constituted attorney)

(Signature of a person authorised

to sign on behalf of the Bank)

GM(M)MTI2000007617Passivation Station

Page 43 of 45

Enclosure-9

PROFORMA BANK GUARANTEE FOR PERFORMANCE (ILLUSTRATIVE FORMAT)

(On Non-Judicial stamp paper of value Rs 500-)

IN CONSIDERATION OF MAZAGON DOCK SHIPBUILDERS LIMTED a company incorporated under the

Companies Act 1956 and having its registered office at Dockyard Road Mumbai 400010 (hereinafter referred to as

the ldquothe Purchaserrdquo which expression shall unless it be repugnant or contrary to the subject or context thereof be

deemed to mean and include its successors and assigns) having placed an order on Messers a

partnership firmsole proprietor businessa company registered under the Companies Act 1956 having its Registered

office at (hereinafter called the Contractor Supplier which expression shall unless it be

repugnant or contrary to the subject or context thereof be deemed to mean and include its successors and assigns)

vide order No dated (hereinafter called the order which expression shall include any

amendmentsalterations to the order issued by the Purchaser) for the supply delivery at site installation and

commissioning of certain equipment itemservicescivil works etc as stated in the said Order and the Purchaser

having agreed that the Contractor Supplier shall furnish a security for the performance of the Contractorrsquos

Suppliers obligations andor discharge of the Contractorrsquos Suppliers liability in connection with the said order and

the Purchaser having agreed with the ContractorSupplier to accept a performance guarantee We

Bank having office at (hereinafter referred to as the

Bank which expression shall includes its successors and assigns) hereby agree to pay to the Purchaser without any

demur on first demand an amount not exceeding Rs (Rupeesonly) being 10 of the order

value against any loss or damage costs charges and expenses caused to or suffered by the Purchaser by reason of

non-performance and non-fulfilment or for any breach on the part of the Contractor Supplier of any of the terms and

conditions of the said order

2 We Bank further agree that the Purchaser shall be sole judge whether the said

ContractorSupplier has failed to perform or fulfil the said order in terms thereof or committed breach of any terms

and conditions of the order and the extent of loss damage cost charges and expenses suffered or incurred or would

be suffered or incurred by the Purchaser on account thereof and we waive in the favour of

the Purchaser all the rights and defences to which we as guarantors may be entitled to

3 We Bank further agree that the amount demanded by the Purchaser as such shall be final and

binding on the Bank as to the Bank s liability to pay and the amount demanded and the Bank undertake to pay the

Purchaser the amount so demanded on first demand and without any demur otwithstanding any dispute raised by the

ContractorSupplier or any suit or other legal proceedings including arbitration pending before any court tribunal or

arbitrator relating thereto our liability under this guarantee being absolute and unconditional

4 We Bank further agree with the Purchaser that the Purchaser shall have the fullest liberty

without our consent and without affecting in any manner our obligations hereunder to vary any of the terms and

conditions of the said orderor to extend time of performance by the Supplier from time to time or to postpone for

any time to time any of the powers exercisable by the Purchaser against the Contractor

Supplier and to forbear to enforce any of the terms and conditions relating to the order and we shall not be relieved

from our liability by reason of any such variation or extension being granted to the Contractor Supplier or for any

forbearance act or omission on the part of the Purchaser or any indulgence by the Purchaser to the

ContractorSupplier or by any such matter or things whatsoever which under the law

relating to sureties would have the effect of relieving us

5 We Bank further undertake not to revoke this guarantee during its currency except with

the previous consent of the Purchaser in writing

6 We Bank also agree that the Bankrsquos liability under this guarantee shall not be affected

by any change in the constitution of the Contractor Supplier or

dissolutionhelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

7 Notwithstanding anything contained herein above

i) Our liability under this guarantee shall not exceed Rs

ii) This Bank Guarantee shall be valid upto and including and

GM(M)MTI2000007617Passivation Station

Page 44 of 45

iii) We are liable to pay the guarantee amount or any part thereof under this Bank Guarantee only and only if you

serve upon us a written claim or demand on or before helliphelliphellip (validity + ---weeks from the date of expiry of this

guarantee)

8 This Guarantee shall be governed by Indian laws and the Courts at Mumbai India shall have the exclusive

jurisdiction

IN WITNESS WHEREOF the Bank has executed this document on

this day of

For Bank

(by its constituted attorney)

(Signature of a person authorised

to sign on behalf of the Bank)

GM(M)MTI2000007617Passivation Station

Page 45 of 45

Enclosure-10

Electronic Payment Mandate Form

(MDL Bank details)

Name of the CompanyFirm Mazagon Dock Shipbuilders Limited

Address with Phone no Dockyard Road Mumbai ndash 400010

E-Mail ID

Phone No +91 22 23745310

Fax No

Particulars of Bank Account

Name of the Bank State Bank of India

Name of the Branch Mazagon Dock Mumbai Branch

Branch Code 9054

Bank IFSC NEFT Code SBIN0009054

Bank Address MBPT Workshop building NV Nakhwa Road Mazagon - 400010

City Name Mumbai

Telephone No of Bank +91 22 23752802

9 digit code no of bank amp branch

appearing on the MICR cheque

issued by your bank

400002120

Type of Account Current Account

Account No 10005255246

Income Tax PAN No AAACM8029J

Page 9: Final Tender - Mazagon Dock Shipbuilders...DIVISION-SHIP BUILDING DEPARTMENT-MATERIAL PROCUREMENT Tender no.: GM(M)/MTI/2000007617 for the Engineering, Manufacturing, Supply/Installation,

GM(M)MTI2000007617Passivation Station

Page 9 of 45

6 Earnest Money Deposit (EMD) BID BOND

61 Bidders shall have to make payment towards EMD amounting to Rs 358600- (Rupees Three Lakhs Fifty Thousand Six Hundred only) directly from MDL payment Gateway the path

of which is provided at Enclosure-11 It is mandatory for bidders to make EMD payment through

MDL payment portal or NEFT RTGS

EMD payment in the form of BG is also accepted (Please refer Enclosure- 7 for EMD BG format)

Bidders have to enter Vendor Name Nature of Payment and Tender No in Text Narration

Field while making NEFT RTGS payment to Mazagon Dock Shipbuilders Limited Bank

Account No 10005255246 and a scanned copy of payment made to our Account should be

uploaded in Techno-commercial bid (Part-I) towards proof for submission of EMD against this

tender

a) Bidderrsquos offer will be categorically rejected if EMD payment will be made after tender due date and time to Mazagon Dock Shipbuilders Limited Account However bank

guarantee drawn in favor of MAZAGON DOCK SHIPBUILDERS LIMITED Mumbai from

the list of Banks approved by SBI Canara Bank published on MDL Website or bid bond swift

message of equivalent foreign currency for foreign bidders shall be forwarded GM (M) in

sealed envelope super-scribing Tender Enquiry No and Due date so as to reach us within 7

MDL working days from the tender closing date The scanned image of NEFTRTGS BG Bid

bondswift message shall be uploaded at Part-I tender stage The bid bond Bank Guarantee

should be valid for 120 days+4 weeks from the tender closing date Similarly authorized Indian

agent can submit BG from bank as per list of banks approved by SBI Canara bank as bank of

international repute published on MDL website on behalf foreign bank Bidders to advise their

bankbanker to send EMDBG directly to commercial department or through SWIFT to dispense

with additional step of verification of authenticity of signatories In case of EMD transmitted

through SWIFT it shall be the responsibility of the bidder that he directs the receiving banker

to forward the message duly authenticated to the concerned commercial officer mentioned in

the tender Bids without EMD other than those who are exempt from payment of EMD will not

be considered EMD of unsuccessful bidders will be returned after finalization of the tender and

shall be interest free Bids without EMD will not be considered

b) EMD of unsuccessful bidders will be returned after finalization of the tender and shall be interest free

MDL bank details for Direct Electronic transfer is as under

BENEFICIARYrsquoS

NAME MAZAGON DOCK SHIPBUILDERS LIMITED

NAME OF BANK STATE BANK OF INDIA

BRANCH amp ADDRESS MAZAGAON BRANCH MAZAGAON MUMBAI 400010

BR CODE 9054

ACCOUNT NO 10005255246 ACCOUNT TYPE CURRENT

ACCOUNT

IFSC CODE SBIN0009054 RTGS CODE SBIN0009054

NEFT CODE SBIN0009054 MICRNECS

CODE 400002120

INCOME TAX PAN

NO AAACM8029J GST ID 27AAACM8029J1ZA

62 EXEMPTION FROM SUBMISSION OF EMDBID BOND Following bidders shall be exempt from submission of EMDBid Bond

62 Following bidders shall be exempt from submission of EMDBid Bond

621 State amp Central Government of India departments Public Sector Undertakings

622 Firms registered with Mazagon Dock Shipbuilders Limited (MDL) for the items for

GM(M)MTI2000007617Passivation Station

Page 10 of 45

which the offer is being submitted (To qualify for EMD exemption firms should

necessarily submit VALID copy of the registration certificate issued by MDL in Part-

I offerbid Firms in the process of obtaining MDL registration will not be considered

for EMD exemption)

623 Firms registered with NSIC under its ldquoSingle Point Registration Schemerdquo

(Exemption will apply only to items service indicated under description of work

supplies services amp value up to which bidders are registered with NSIC) To qualify

for EMD exemption firms should necessarily submit VALID copy of the registration

certificate issued by NSIC in Part-I offer bid Firms in the process of obtaining

NSIC registration will not be considered for EMD exemption

624 Firms registered as Micro and Small Enterprises (MSEs) To qualify for EMD

exemption firms should necessarily upload VALID copy of the registration

certificate from the competent authority regarding their Micro Small Industry status

in Part-I offerbid

625 Commondeemed DPSU registered vendors qualify for EMD exemption Such firms

shall submit valid copy of the registration certificate issued by DPSUs (other than

MDL) for the itemsservices for which the offer is being submitted on Part-I

offerbid Firms in the process of obtaining registration in other DPSUs will not be

considered for EMD exemption

626 Green channel status vendors qualify for EMD exemption Such firms shall submit

valid copy of the green channel certificate issued by MoD for the items for which the

offer is being submitted in Part-I offerbid Firms in process of obtaining this

certificate will not be considered for EMD exemption

7 Bid Rejection Criteria

71 Following bids shall be categorically rejected

711 Bids received after tender closing date and time

712 Bids received without EMD (other than those who are exempted from payment of

EMD) as specified in the tender

713 Bidders not agreeing to provide assistance for installation Testing Commissioning amp other such Technical activities of equipment supplied by them

714 Bids received in any form other than through e-Portal

715 If the date of issue of EMD (DDBGSWIFT message) is later than the tender closing

date

72 Following bid rejection criteria may render the bids liable for Rejection

721 Bidderrsquos failure to furnish sufficient or complete details for evaluation of the bids

within the given period ranging in between 2 to 3 weeks depending on deficiencies

noticed in the drawing technical data which shall not however conflicts with validity

period

722 Incomplete misleading ambiguous bids in the considered opinion of TNC

723 Bids with technical requirements and or terms not acceptable to MDL Customers

External agency nominated as applicable

724 Bids without uploading pre-qualification documents where required as per the tender

GM(M)MTI2000007617Passivation Station

Page 11 of 45

725 Bids not meeting the pre-qualification parameters stipulated in the tender enquiry

726 Bidders not agreeing to supply spares post sale product support post work

completion support

727 High seas sales sales in transit

728 Unreasonably longer delivery period quoted by the firm

729 Validity period indicated by bidders is shorter than that specified in the tender

enquiry

7210 Bidders not agreeing to furnish required Security Deposit Required Contract

Performance Guarantee till completion of the supplies services as per contract

7211 Bidders not agreeing to furnish Performance Bank Guarantees for equipment

supplied services rendered or not agreeing for retention of equivalent amount by

MDL up to the period till completion of contractual and guarantee warranty

obligations

7212 Bidder not agreeing to quote as a single point responsibility for whole scope of work

(ie right from design supply of systemequipment till commissioning STW amp

training at MDL site)

7213 Bidders not agreeing warrantyguarantee Clause of tender (clause no 10)

8 Pricing Prices to be quoted on firm and fixed basis during the currency of the order contract

81 For Indigenous Bidders Indigenous Bidder shall quote the prices online of all items services listed in

the online price sheet format of the tender enquiry for delivery of the items in MDL store completion of

the work at MDL site The prices quoted shall remain firm and fixed during the currency of the order

contract unless agreed otherwise by MDL and should be inclusive of all cost towards Packing amp

forwardinginsurancefreight deliveryTransportation and transit insurance

82 For Foreign Bidders Bidder shall quote the prices online on the CIF Mumbai Port of destination

(India) basis only Prices on the basis of FOB factory or ex-works are not acceptable However FOB

cost shall also be quoted The prices quoted shall remain firm and fixed during the currency of the order

contract unless agreed otherwise by MDL To arrive at custom charge the foreign bidder(s) must submit

details viz (i) port of dispatch (ii) containerized dispatch (iii) Number of container (iv) Gross weight

9 Terms of Payment - MDL does not pay any advance Payment for Indigenous amp Overseas bidders

91 For Indigenous Bidders

911 Supply Installation commissioning amp training - Payment for the value of supply and services as reduced by any deductibles andor the amount

leviable towards liquidated damages if any may be payable through NEFTRTGSECS between 15-

20 days of completion of complete scope of work (ie after Supply Installation trials

commissioning and training) and against submission of documents in Triplicate including Delivery

challan(s) receipt inspection amp acceptance report warranty Guarantee certificate Test reports

Certificates if applicable Packing Lists Invoice Storage Preservation Maintenance Procedures

amp other Technical documentation in requisite sets as relevant and work completion certificate duly

certified by an officer from the user department in the rank of CM or above and submission amp

subsequent confirmation of performance bank guarantee for 10 of the total order value excluding

taxes

GM(M)MTI2000007617Passivation Station

Page 12 of 45

912 TReDS

Alternate MSME vendor payment through TReDS

ldquoIn order to address the financial needs of MSME firms GoI has introduced a platform for

facilitating the financing of trade receivables of MSMEs from buyers through multiple

financiers which is termed as Trade Receivables Discounting System (TReDS) At TReDS

auctioning of invoices at competitive amp transparent environment is done by financers based on

Buyerrsquos credit profile

MDL is registered on the Invoicemart TReDS platform and M1xchange of Ms Mynd

Solutions Pvt Ltd

MSME bidders desirous to receive payments through TReDS platform may avail the facility if

they are already registered on

1Invoicemart TReDS platform or by registering on it

Contact details at Invoicemart TReDS platform are as below

022 6235 7373 and a new mail id serviceinvoicemartcom

2 M1xchange

TReDS platform

or by registering on it

Contact details at M1xchange TReDS platform are as below

+91 9920455374 MsAshwathi Jayandran email id ashwathijayandranm1xchangecom

+91 8839915724 Ms Prinyaka Shah email id prinyakashahm1xchangecom

MSE bidders upon successful delivery shall submit their invoices along with the mandated

enclosures at MDL Central Receipt Section MSE vendors desirous to receive payments through Invoicemart TReDS platform or M1xchange TReDS platform shall submit their TReDS

details along with the invoice at MDL Central Receipt Section Upon receipt and acceptance of the

supplied material and receipt of invoices with the mandated enclosures MDL shall process the

invoice for payment on Invoicemart M1xchange TReDS platform Any unfinanced invoices

invoices of MSE bidders seeking payment from MDL directly shall be processed as per the Standard

payment terms agreed in PO contractrdquo

92 For OverseasForeign Bidders

(A)

Payment through LC - Payment against irrevocable letter of credit (LC)

established through our bankers as per format at illustrative Annexure 6 For opening

LC Supplier should essentially furnish their clear amp timely acceptance of the order

For opening LC all charges outside India shall be borne by the beneficiary

(Supplier) Additional loading of prices (A) towards charges incurred in LC opening

by MDL and (B) Interest for period of 20 days base rate of SBI+2 on payment

amount is to be considered while evaluating foreign bidders for ranking purpose In

case supplier seeks LC amendment for no fault of MDL or requires confirmation of

LC then all charges towards LC amendment or confirmation of LC respectively

shall be borne by the Supplier LC will allow Payment on timely presentation of

following documents through bank Opening of LC shall be before one month of

the schedule for dispatch or before such period as may be discussed and mutually

agreed to in the PNC (Price Negotiations) The time limit for opening of LC and or

amendment for LC shall be 7 days or within such no of days as may be stipulated in

purchase orderContract Delay in opening of LC can lead to corresponding delay in

delivery and hence no LD is applicable on such delayed portion

LC will be opened accordingly after receipt of intimation about readiness of

Material items equipments LC shall be valid for 89 days Firm to sendsubmit

documents as listed in Para 921 to 9212 below in originals for custom clearance of

material to MDL directly after shipment

GM(M)MTI2000007617Passivation Station

Page 13 of 45

For Items-

921 Set of Original + 2 Copies of signed Invoice showing item wise prices as per the order

922

Set of Original + 2 Copies of signed Packing List clearly showing list of items

packed Specifying unit as per Indian Custom Tariff

923

Set of Original + 2 Copies Clean on Board Bill of Lading OR Air Way Bill made in

the name of MDLrsquos Bank and Marked as freight paid

924

Set of Original + 2 Copies of Certificate of approval OR Release Note from MDL

nominated Inspection agency or Work completion performance certificate or

Dispatch clearance from MDL

925 Certificate of country of origin in Original + 2 Copies by chamber of commerce

926 Original + 2 Copies of Warranty Certificate in prescribed format

927

Original + 2 Copies of all Manufacturerrsquos Test Certificates (MTCs) Reports

Drawings Manuals Procedures etc as relevant to the ordered item

928

Original + 2 Copies of Performance Bank guaranteeequivalent BG wherever

applicable

929

Certificate Confirming that supplier has couriered dispatched 03 sets of Non

Negotiable Documents comprising of all Test reports MTCs Technical

Documents Drawings Manuals Procedures etc and of Signed Invoices Packing

Lists Bill of LadingAWB MDL nominated Inspection Agencyrsquos Certificate of

approval Country of Origin Certificate Warranty Certificate Performance Bank

Guarantee directly to MDL

9210

Original + 2 Copies of the Certificate issued by the classified society confirming

seaworthiness of the vessel and that the shipment is made on vessels of not more

than 15 years vintage (Applicable in case of CIF contracts orders agreed by MDL)

9211

Certificate issued by MDL confirming that the delivery is made in time and no

penalty is applicable OR in case of delays admissible amount of penalty will be specified by MDL in this certificate for reduction of equal amount from supplierrsquos

invoice (MDL will issue this certificate generally by e-mail or FAX immediately on

receipt of signed copy of invoice packing list approval certificate of the nominated

inspection agency date of the proposed shipment amp copies of BL or AWB or any

other acceptable documents confirming supplierrsquos readiness dispatch)

9212

Certificate confirming that the shipping instructions (inclusive of packing) have

been followed while packing shipment and forwarding of details for insurance to

MDL

Important Notes for Foreign Bidders 1 All the documents should clearly indicate the Purchasers Order number Import

License Number Airway Bill Bill of Lading Number

2 Foreign Bidders must submit the Letter of Credit format duly filled as per Annexure- 6

of the tender

3 To arrive at the custom charges the foreign bidders must submit the following details

along with the Part ndashI Bid -

(a) Port of dispatch to be clearly specified

(b) Containerized dispatch Break bulk

(c) No of required containers with their size amp type (20Feet40 FeetOpenClosed)

(d) Gross weight

(e) Any other specific handling Instructionsconditions of consignment

GM(M)MTI2000007617Passivation Station

Page 14 of 45

10 GuaranteeWarranty Supplier shall warranty the performance of the Passivation station for a

period of 12 months after commissioning or 24 months after receipt of station at MDL

whichever is earlier

During this period all defects arising out of defective material and faulty workmanship will be

rectified by repairing or replacing part or whole material as necessary free of charge on door

delivery basis Any consequential damagedefect or loss of items due to poor

workmanshippoor material qualitynegligence etc attribute to the bidder to be rectifiedreplaced by the bidder free of cost All the necessary spares tools Service engineers

amp Mechanics required for repairs to be arrange by vendor at no extra cost and machine to be

put into operation at the earliest

11 Performance Bank Guarantee (PBG) The Successful bidders will have to submit PBG in the prescribed format from the list of

Banks approved by SBI Canara Bank published on MDL Website for 10 of the Order value

excluding taxes etc valid for 13 months (validity 12 months + 1 month claim period) from the date of supply or offer your consent to MDL for retention of 10 of order value towards

PBG Bidders may advise their bankbanker to send BG directly to commercial department or

through SWIFT to dispense with additional step of verification of authenticity of signatories

In case of BG transmitted through SWIFT it shall be the responsibility of the bidder that he

directs the receiving banker to forward the message duly authenticated to the concerned

commercial officer mentioned in the tender

12 Bidder shall abide by all Standard Terms and Conditions of Supply (STACS) GTampC and

accordingly contract will be governed as per uploaded form at Stage Name Part ndashI (Techno-

Commercial Bid) Deviation if any shall be clearly indicated In case of discrepancy clauses

mentioned in Tender Technical Scope and Rate sheet will override the clauses mentioned in

other annexure including STACS amp GTampC In event we do not receive acceptance forms

dully filled for TEF STACS and GTampC it shall be presumed that all our terms and

conditions of tender are acceptable to you

13 Taxes amp Duties - The item-wise rates quoted in the Rate Sheet should exclude GST and

duties

131 For Indigenous bidders The rate sheet to be enclosed with the tender will indicate

the rates under each tax head viz GST

a Only those bidders who indicate the taxes amp duties separately as above all

shall be entitled for consideration of change in corresponding rates in case

of variation in statutory levies

b Supplierbidder will not be entitled to any increase in rate of taxes

occurring during the period of extended delivery schedule if there is delay

in supply completion attributed to him however if there is a decrease in

taxes the same must be passed on to MDL

c Wherever all-inclusive prices are quoted by the bidders without bifurcation

of tax elements no escalation can be considered in respect of any variation

in statutory levies arising subsequently because of the absence of the

required base figures in the purchase order contract

132 GST as per GST Laws shall be payable extra as quoted and agreed

133 In case of Purchase of goodsservices from unregistered dealers under GST laws

GST will be paid by MDL under reverse charge mechanism

134 Benefits from reduction in rate of taxITC are required to be passed on to

consumer Where ldquoapplicable GSTrdquo has been quoted as extra Goods and service

providers (except un-registered dealers under GST Law) have to submit

declaration that they have complied with lsquoAnti ndashprofiteering clausersquo under GST

Law Such declaration be given in technical bid

GM(M)MTI2000007617Passivation Station

Page 15 of 45

135 Where the quoted price is claimed to be inclusive of taxes (by other than

composite vendor) MDL consider it as net price on which GST is payable In

such cases the GST may be paid by MDL directly to GSTN under reverse

charge mechanism or otherwise for which no input tax credit will be available to

vendor and vendor is deemed to have confirmed that he will not claim ITC for

such items

136 If the vendor is registered under GST vendor shall mention the HSN code for

goodsampor services in their tax invoice etc These codes must be in accordance

with GST Laws and responsibility of specifying correct HSN code for goodsampor

services is that of the vendor MDL shall not be responsible for any error in HSN

code for goodsampor services specified by suppliercontractor Suppliercontractor

shall pay penalty andor interest imposed on MDL or any loss due to delay in

availing ITC by MDL or any loss of ITC to MDL due to error by vendors at any

stage MDL reserve right to recover any such interest penalty or loss from any amount due to supplier contractor or vendor shall reimburse make good such

loss within 15days after intimation by MDL or otherwise

137 In case MDL is unable to avail ITC suppliercontractor at their own cost shall

rectify the shortcoming in the returns to be filed immediately thereafter Further

if the ITC is delayed denied to MDLreversed subsequently as per GST Laws due

to nondelayed receipt of goods andor services andor tax invoice or expiry of

timelines prescribed in GST Laws for availing ITC non-payment of taxes or non-

filling of returns or any other reasons not attributable to MDL supplier

contractor shall pay any loss of amount along with interest and penalty on MDL

under GST Laws for the number of days the ITC was delayed If the shortcoming

is not rectified by suppliercontractor and MDL ends up in reversal of credits

andor payments suppliercontractor is fully liable for making good all the loss

incurred by MDL MDL reserve right to recover any interest penalty or loss from

any amount due to suppliercontractor or otherwise

138 If the vendor is registered under GST the GST registration number (15 digit

GSTIN) issued by GOI shall be mandatorily provided by the vendor Vendor

having multiple business verticals within state at multiple states with separate

GST registration numbers shall forward GSTIN of only that vertical which is

involved in supply of goods andor services MDL GSTIN is

27AAACM8029J1ZA and vendor shall mention the same while invoicing and

avoid any data entry error on GST portal

139 If the vendor is registered under GST vendor shall ensure timely submission of

invoice as per the provisionsrequirementstimeline promulgated by GOI in

relation to GST Laws with all required supporting documents to enable MDL to

avail input tax credit promptly The vendors invoice inter alia should contain

GSTIN of vendor GSTIN of MDL (ie 27AAACM8029J1ZA) GST tax rate

separately HSN code wise goods or services Place of supply signature of vendor

etc Original invoice needs to be submitted to Bill Receipt Centre at MDL gate

and a copy of the invoice should be given to the GRS Stores

1310 If the vendor is registered under GST vendor shall file all applicable returns

under GST Laws in the stipulated time and any losses of tax credit to MDL

arising due to delay in filling will be recovered from their invoice wherever MDL

is eligible to avail tax credit Any default towards payment of tax andor

uploading of monthly returns by supplier contractors MDL retains right to

withhold payments towards tax portion until the same is corrected and complied

by the suppliercontractor with the requirement of GST along with satisfactory

evidence

GM(M)MTI2000007617Passivation Station

Page 16 of 45

1311 The rate sheet enclosed with the tender will indicate the rates to be entered under

each head wherever applicable Bidder must clearly mention the applicable taxes

amp duties The item-wise rates (ie Basic + PampF + FampI) quoted in the rate sheet

should exclude taxes amp duties Bidder should indicate GST rates as applicable

separately under each of the head in the same rate sheet which will be paid extra

based on tax invoice to the extent applicable The GST will be applicable on total

basic rate of each item (ie Basic +PampF +FampI)

1312 If the vendor changes his registration status from composition dealer to normal

registered dealer under GST Law the vendor has to inform MDL immediately

Further his contract price under GST needs to be negotiated since as a normal

dealer he will have benefit of ITC which he should pass on to MDL

1313 Bid Evaluation Clause - I) As per GST Law ITC is not available

a) For goods and services which are not in furtherance of business

b) In some cases for eg rent a car life insurance work contract services for

immovable property as mentioned under section 17 of GST Act 2017 In such cases

evaluation of bid is inclusive of GST quote by bidder

II) In all other cases ie goods and services not covered under sr no I above

evaluation of bid is exclusive of GST quoted by bidder

III) Further in the case of composition dealer since composition dealer is not

allowed to charge GST in such case evaluation of bid will be on the price quoted by

bidder

1314 For Overseas Bidder All taxes applicable outside India shall be borne by overseas

bidder

a In case of foreign bidders all taxes duties statutory levies and charges which

are to be paid for the delivery of goods amp services shall be paid by the parties

under the present contract in their respective countries MDL shall bear and pay

all taxes duties and statutory levies in India in connection with the execution

andor performance of this contract wrt deliverables delivered and service

rendered as per contract excluding income tax applicable on service charges

b Foreign bidder shall submit tax residency certificate (TRC) in Part ndashI offer In

case of remittances to foreign companies for services as per income tax act and

DTAA provisions TDS shall be carried out from the amount payable towards

services As per the extant applicability and existing rates following cases

pertaining to TDS are presented for clarity

i Case 1 (TRC is made available by foreign bidders) Tax deduction at

source (TDS) 15 of total service payment is applicable If this is

not agreed to by the bidder in the bid or during TNCCNC then this

shall be appropriately loaded as per applicable rates on the price for the

purpose of ranking However bidders to note that TDS rates DTAA

rates differ from country to country It varies from10 to 25

ii Case 2 (TRC is not made available by foreign bidders) Tax deduction

at source (TDS) at the rates as mentioned in the table below is

applicable If this is not agreed to by the bidder in the bid or during

TNCCNC then this shall be appropriately loaded as per applicable

rates on the price for the purpose of ranking These rates shall be as

under

GM(M)MTI2000007617Passivation Station

Page 17 of 45

Service Payment slabs (converted in

INR)

Rate of TDS applicable on total

service payment

Up to value of INR 1 Cr 2575

Above 1 Cr Up to 10 Cr 2626

Above INR 10Cr 270375

14 Loading Criteria Deviations sought by the bidder in respect of Custom Duty exemption

Freight Insurance Payment terms shall be loaded on the bidders quoted prices during price

evaluation by MDL Among the equal bids bidders with ISO 9000 series accreditation over

Non-ISO bidders firstly Manufacturers then their authorized dealers will be given preference

The loading criteria that will be adopted are detailed below amp also as per Enclosure-5

141 It is desirable that the bidder accepts the Payment Terms indicated in clause 9

above Varied payment terms quoted by bidders as compared to the terms stated

in the Tender document shall be normalized by applying SBI Prime Lending

Rate (prevailing at the time of opening of Price bid) plus 2 pa rate of interest

for the period at variation (For Indigenous bidder) amp for overseas bidder the bids

will be normalized at LIBOREURIBOR rate plus 2 for ranking of the bids

142 In case of Foreign supplier the basic cost (CIF) shall be the basis for comparison

of quoted price Custom Duty Custom clearance Port handling transport

charges to the yard will be added to CIF cost to arrive at door delivery cost

143 Delivery of the goods at MDL premises should be the responsibility of the

vendor However for unavoidable reasons if bids are exclusive of transport

andor insurance the same will be loaded at the cost to be incurred by MDL

144 For the additional delivery period sought by the bidder over the stipulated date of

delivery as per Tender 050 per completed week will be loaded to the quoted

price

145 Deviations sought in respect of Liquidated Damages (LD) Deviations sought in

respect of rate per week and or maximum ceiling in respect of liquidated

damages shall be loaded to the quoted price For eg The maximum ceiling

towards liquidated damages stipulated in the tender is 5 and the bidder seeks to

limit it to say 35 then the price quoted will be loaded by 15 If the rate of

LD per week is 05 per week or part thereof as per tender and the bidder seeks

it as say 04 per week or part thereof the maximum ceiling on L D as per

tender will first be equated to weeks (10 weeks in this case) and the rate proposed

by the bidder ie 04 will be multiplied by the so equated maximum Period

(which works out to 4) and the quoted price will be loaded accordingly by 1

Delivery being the essence of the contract it is desirable if the bidders adhere to

the stipulated clause

146 Deviations in respect of the period of Warranty shall be loaded to the quoted price

025 per month or part thereof This does not arise if the bidder quotes

additional price for the differential period

147 The ranking of price bids shall be done overall L1 basis excluding GST (ie total

of basic price exclusive of GST quoted by bidder) In these cases the variation in

statutory levies etc are not allowed unless the breakup in respect of taxes duties

GM(M)MTI2000007617Passivation Station

Page 18 of 45

are clearly and separately furnished in bid

148 For opening LC all charges outside India shall be borne by the Beneficiary

(supplier) Additional loading of prices (A) Towards charges incurred in LC opening

by MDL and (B) Interest for period of 20 days base rate of SBI+2 on payment

amount is to be considered while evaluating foreign bidders for ranking purpose

15 Ranking of Bids amp Determination of L-1 Bidders Ranking of price bids shall be done on overall L1 basis with exclusive of GST

If any variations in statutory levies the break up in respect of any charges is clearly

and separately furnished in the bid and the MDL is satisfied that the rates of taxes

indicated therein are in line with the tax law so that escalation due to variation in the

taxes can be justifiably considered to the extent legitimately allowable on the base

amount(s) indicated in the bid Therefore bidder is requested to show the break up

regarding taxes as applicable in the bid

Note 1 In case of overseas supplier the ldquoCIF cost+ Inspectiontesting charges+ Installation

Commissioning charges+ custom duty+ IGST (if ITC is not available) + Custom

Clearance +port handling +transportation charges to the yard if any + LC opening

charges + interest for period of 20 days base rate of SBI +2 on payment amount

ldquoshall be the basis for comparison of quoted price Custom duty IGST Custom clearance Port handling transport charges to the yard will be added to CIF cost to

arrive at door delivery cost

2 If Service Component exists in an offer from a foreign vendor then Tax Residency

certificate (TRC) should be submitted with Part I offer If no TRC is submitted then

the enhanced Income Tax rate and Service Tax thereon will be considered while

determining L-1

3 Techno-Commercially Qualified overall lowest bidder exclusive of GST will be

considered for the placement of order 4 On-line Ranking visible to the bidders after opening part II price bid is without

loading parameters However the L1 bidder will be evaluated offline after

consideration of all applicable loading parameters as mentioned in the tender

document and commercial terms

5 In case of any discrepancy in the Blank Rate Schedule Format and actual Online

Price Bid after opening of the Price Bids the details (GST) mentioned in the On-line

Price bids shall prevail over the details in blank rate schedule format

6 ldquoBasic costrdquo is defined as ldquoDoor delivery cost (excluding GST)rdquo which includes

packing amp forwarding Delivery insurance registration charges and any cost involved

as per scope of work towards material and services basic cost of Installation

commissioning and inspection amp testing

7 ITC can be availed by MDL for the items as notified under GST ACT 2017 ITC

can be availed by MDL for registered bidder and for unregistered bidder under

reverse charge mechanism Since no ITC can be availed in case of bidders registered

under composition scheme their quoted cost will be considered for ranking

comparison purpose

16 Consignee The Successful bidders shall arrange dispatch of goods by appropriate Rail Road

Sea Air transport mode as per the order to lsquoEAST YARD STORESrsquo and further to user dept

on working days (Monday to Friday) between 800 hrs to 1500 hrs (Lunch Time 1130 to 1200

hrs) In case trucktempo reaches our yard beyond above time the same may be retained over

night at your risk amp cost

An advance copy of invoices along with other relevant documents shall be forwarded to the

purchaser sufficiently in advance to enable clearance of cargo within allowed demurrage free

days to avoid demurrage In case of door delivery orders the supplier shall categorically direct

the transporter to deliver the ordered items without insisting for consignee copy of the Lorry

Receipt

GM(M)MTI2000007617Passivation Station

Page 19 of 45

17 Modifications to the Bids Bidder desirous of submitting modified bid prior to the closing

date and time may do so online not later than deadline of submission of bids Please note that

modified bid shall be submitted through e-procurement system only Bidder can change the

submitted bid any number of times till the closing time and the last changed bid will be

considered for ranking of the bids

18 PURCHASE PREFERENCE TO MAKE IN INDIA As per Public Procurement Order Ref No P-4502122017-B E-II Dtd 15062017 issued by Govt

of India to encourage ldquoMake in Indiardquo policy Purchase Preference shall be given to local suppliers

in the following manner

(a) The terminology definitions used in the said order is as below

(i) ldquoLocal contentrdquo means the amount of value added in India be the total value of items procured

excluding net domestic indirect taxes) minus the value of imported content in the item (including

all customs duties) as a proportion of the total value in percent

(ii) ldquoLocal Supplierrdquo means a supplier or service provider whose product or service offered for procurement meets the minimum local content as prescribed under the said Order or by the

competent Ministries Department in pursuance of said order A Local Supplier can be an Indian

or Foreign bidder

(iii) ldquoMargin of Purchase Preferencerdquo means the maximum extent to which the price quoted by

local supplier may be above the L1 for the purpose of purchase preference The margin of

purchase preference for the present tender is 20

(b) Minimum local content

(i) The minimum local content in the offer is to be not less than 50 for the present tender for a

bidder to be considered as a Local Supplier

(ii) The local content can be increased through partnerships cooperation with local companies

establishing production units in India or Joint Ventures (JV) with Indian suppliers increasing the

participation of local employees in services and training themrsquo

(iii) On opening of the price bids if it is identified that there is difference in price receive amp

declaration made and local content is now not meeting the specified tender requirement (ie only

on the quoted price without any loading) then such case will be processed without any purchase

preference

(c) Declaration by Local Supplier Local Supplier should declare that the item and service

offered meets the minimum local content amp indicate its percentage in their offer which shall meet

(or even offer more) required content as specified in tender This declaration is necessary even if

Custom Duty Exemption and or ERV (if applicable) are not being sought Following documents

are to be submitted in technical offer ndash

Part-I bid

(i) Local Component list ie Items and services which are being procured produced domestically

by supplier in the system equipment service offered against tender This list shall include all the

components raw materials sub services etc

(ii) Foreign Imported Component list ie Items and services which are being supplied by bidder

from outside India in the system equipment service offered against tender This list shall include

all the components raw materials sub services etc

(iii) Bidders shall give the details of the location(s) at which the local value addition is made

Additionally location(s) details from where foreign imported components are being supplied be

also informed

(iv) Bidders shall give the price break-up in percentage for ldquoLocal Componentrdquo and ldquoForeign

Imported Componentrdquo

(v) Custom duty applicable on FE component for all foreign items (vi) The Local Suppliers are required to provide self-certification as per Annexure-11

Note In cases of procurement for value in excess of Rs 10 Crores the local supplier shall be required to

provide a certificate from statutory auditor or cost auditor of the company (in case of companies)

or from a practicing cost accountant or practicing charted accountant (in respect of supplier other

GM(M)MTI2000007617Passivation Station

Page 20 of 45

than companies) giving the percentage of local content amp applicable item wise custom duty

Once the declaration certification is committed at tender submission stage the same cannot be

altered at technical negotiation stage or after award of contract otherwise would be treated

considered as false declaration by bidder

In the event of bidders not declaring or declaring less local content percentage in the offer MDL

will consider quote bid of such bidders with local content as ldquo0rdquo or ldquoNILrdquo ie the offers of such

bidders will be treated as a ldquoNon Local Supplierrdquo where no purchase preference shall be granted to these bidders

(d) If the Local Supplier is also a MSE Vendor seeking the benefit of Public Procurement Policy

for MSEs Order 2012 then such bidders should not seek benefits against the Preference to Make

in India policy ndash Order 2017 Such bidders should categorically seek benefits of only one policy

which cannot be modified subsequently once declared in the Annexure-A referred above while

submitting the bid

(e) Custom duty issue Imported FE content is inclusive of all custom duties which is required

for arriving local content Bidders to note the following about declaration of FE Content

(i) All bidders should upfront declare line item wise custom duty duly certified Such declared

custom duty percentage will only be considered for arriving local content

(ii) In the event if the rate of custom duty is found higher than the declared custom duty by bidder

then the bidderrsquos declaration shall be final for arriving L1 bid Also in such case the difference in

custom duty would be to bidders account In case of foreign bidders the same would be to bidders

account and shall not be borne or reimbursed by Shipyard

(iii) In the event of rate of custom duty happens to be lower at the time of clearance of goods then

actual custom duty shall be payable

(iv) Notwithstanding above local content shall be calculated based on the declared custom duty by

the bidder in techno-commercial bid

(f) Preference to Local Supplier The following procedure will be adopted for deciding on

preference to Local Supplier over a non-local supplier wrt Public Procurement (Preference to

Make in India) order 2017

(i) Among all qualified bids the lowest bid will be termed as L1 If L1 is from a local supplier the

contract will be awarded to L1

(ii) If L1 is not from a local supplier the lowest bidder among the local suppliers will be invited

to match the L1 price subject to local supplierrsquos quoted price falling within the margin of purchase

preference and contract shall be awarded to such local supplier subject to matching the L1 price

(iii) In case such lowest eligible local supplier fails to match the L1 price the local supplier with

the next higher bid within the margin of purchase preference shall be invited to match the L1 price

and so on and contract shall be awarded accordingly In case none of the local suppliers within the

margin of purchase preference matches the L1 price then the contract may be awarded to the L1

bidder

(g) Preference between LS and MSE Bidder This clause is applicable only if line items are

separable and MSE preference clause is also applicable Between the MSE and Local

Supplier the MSE bidder will be given preference to match with L1 bidder as per Public Procurement Policy for MSEs Order 2012 MSE vendor will be evaluated with L1+15 MSE

doesnrsquot fall under Public Procurement (Preference to Make in India) Order 2017 Local Supplier

will be evaluated with L1+20 (Margin of Purchase Preference ordinary) as per Public

Procurement (Preference to Make in India) Order 2017

(h) After the contract is awarded and the supplies are completed each supplier shall provide the supporting documentation towards realization of committed Local Content as per the contract

order terms amp conditions

In addition to these documents a ldquoLocal content certificaterdquo also shall be submitted stating the

percentage of local content in the items or services measured The ldquoLocal content certificaterdquo shall

be submitted along with the invoice

Note In cases of procurement for value in excess of Rs 10 Crores the local supplier shall be

required to provide a certificate from statutory auditor or cost auditor of the company (in case of

GM(M)MTI2000007617Passivation Station

Page 21 of 45

companies) or from a practicing cost accountant or practicing charted accountant (in respect of

supplier other than companies) giving the percentage of local content

(i) False declaration will be in breach of Code of Integrity under Rule 175(1)(i)(h) of GFR 2017

for which a bidder or its successor can be debarred for up to 2 years as per Rule 151(iii) of GFR

2017 along with such other actions as may be permissible under law

(j) Complaints Grievance Any complaints grievances relating to implementation of this order

shall be taken up by Public Grievance Cell of MDL headed by GM(F-PampS) Fees for filing a complaint under the order shall be Rs 10000- per case The complaints shall be filed to the

Chairman Public Grievance Cell The fee shall be deposited in MDLrsquos Account by NEFT

19 Public Grievance Cell A Public Grievance Cell headed by ED (East Yard) has been set up in

the Company Members of public having complaints or grievances are advised to contact him

on Wednesday between 1000 hours and 1230 hours in his EY-office MAZAGON DOCK

SHIPBUILDERS LIMITED Dockyard Road Mumbai - 400010 (022 ndash 23763506 23738368)

or send their complaints grievances to him in writing for redressal

20 Supply on MDL Holidays Request for permission for delivery on Saturday Sunday

holidays if required should be submitted 3 working days prior to the date of holiday to

Personnel department and Security through concerned Dept

21 Liquidated Damages Time is an essence of the contract therefore the job as ordered should be

completed on the dates mutually agreed upon in accordance with the delivery schedule In cases

of delay not attributable to Purchaser beyond the agreed schedule the Successful bidder shall pay

liquidated damages a sum representing 05 (Half per cent) per week or part thereof subject to

maximum of 5 of the final Order Contract value Vendor Contractor (Seller) will also be liable

to pay Liquidated Damages for late delivery of Manuals Drawings and Documentation as agreed

to by Purchaser and Vendor Contractor (Seller) and as stated in the Purchase Order The amount

of such damages will be clearly defined in the Purchase Order and may extend up to 5 of the

Order Value excluding taxes Applicability of LD will be considered as below -

1) Delay in manufacturing and supplydelivery of machinematerialitemsequipments at

MDL after dispatch clearance beyond specified schedule will attract LD 05 per week

or part thereof subject to maximum of 5

2) Delay in Installation trial Commissioning amp Training at MDL as per Work

completion date as certified by MDL user dept beyond specified schedule will attract

LD 05 per week or part thereof subject to maximum of 5 as per order

22 Hindrance Register All hindrances with date of occurrences and removal shall be noted in the

Hindrance Register The Hindrance Register shall be signed by the representatives of both MDL

as well as Contractor

23 Security Deposit (SD) The successful bidders shall have to submit Security Deposit for an

amount of 5 of the Order value excluding GST etc electronically through NEFT RTGS or

in the form of Bank Guarantee drawn in favor of MAZAGON DOCK SHIPBUILDERS

LIMITED Mumbai from the list of Banks approved by SBI Canara Bank published on MDL

Website within 25 days from the date of Order amp must be valid up to contract period plus one

month No interest will be paid on Security Deposit Please note that MDL does not extend any

concession such as exemption in payment of Security Deposit etc to any organization

irrespective of their status like registration with MDL NSIC SSI and MSME etc In case of

failure to submit Security Deposit within 25 days from the date of order placement EMD

submitted will be encashed and risk purchase clause would be invoked The Security Deposit

will be returned only after successful execution of the order and shall be interest free In the

event of failure to execute the order satisfactorily the Security Deposit will be encashed by

MDL If order is fully executed within 25 days from the date of purchase order submission of

security deposit is not applicable For delayed period of submission of SD beyond 25 days

from date of order bidder has to pay applicable interest In case the bidder is Indian Public

Sector Unit they shall submit the indemnity bond instead of Security Deposit Bidders may

advise their bankbanker to send BG directly to commercial department or through SWIFT to

dispense with additional step of verification of authenticity of signatories In case of BG

GM(M)MTI2000007617Passivation Station

Page 22 of 45

transmitted through SWIFT it shall be the responsibility of the bidder that he directs the

receiving banker to forward the message For delayed period of submission of SD beyond 25

days from date of order interest will be recovered as mentioned below

For Indian suppliers it will be SBAR plus 2 and EUROBORLIBOR plus 2 for Foreign

bidder Security Deposit will be returned only after successful execution of the order and shall

be interest free In the event of failure to execute the order satisfactorily the Security Deposit

will be encashed by MDL PSUs can submit Indemnity bond in lieu of Security deposit Bidders can submit SD amount

by using payment gateways through MDL website

24 Delivery ScheduleWork Completion Schedule and delivery term (For foreign bidders) The

entire scope of work ie Design manufacture Supply Installation Commissioning STW amp

Training to be completed within 6 months from the date of receipt of PO

1) Supplydelivery of machineItemsEquipmentsspares at MDL = within 20 weeks (CIF delivery) and

2) Time for transportation amp custom clearance time = 2 weeks

3) Installation Trials Training and Commissioning = Within 2 weeks

Delivery Term (1) Supply For Indigenous bidder Door DeliveryFOR MDL GRS Stores

For Overseas Bidder CIF Port of destination (Mumbai)

(2) Installation Commissioning STW Training -

For Overseas Bidders At MDL site

Training to be imparted to Non-executives-04 Nos for 7 days (1 week)

Delivery ScheduleWork Completion Schedule and delivery term (For Indigenous bidders) The entire scope of work ie Design manufacture Supply Installation Commissioning STW amp

Training to be completed within 6 months from the date of receipt of PO

1) Supplydelivery of machineItemsEquipmentsspares at MDL = within 22 weeks (CIF

delivery) and

2) Installation Trials Training and Commissioning = Within 2 weeks

Delivery Term (1) Supply For Indigenous bidder Door DeliveryFOR MDL GRS Stores

For Overseas Bidder CIF Port of destination (Mumbai)

(2) Installation Commissioning STW Training - For Indigenous Bidders At MDL site

Training to be imparted to Non-executives-04 Nos for 7 days (1 week)

25 Assistance for Installation Testing Commissioning Maintenance amp other Technical

activities 1 Services of engineersManpower in connection with assistance of delivery

loadingunloading installation setting-in-work testing tuning commissioning

training to be considered in the scope of supply

2 All machinery equipments Oxygenother fuel gas for cutting fork lift welding Tools

amp Tackles accessories spares Chemicals consumables Special tools Fixtures and

tackles Workshop and fabrication shop Calibration facility Local transportation and

Internal Transportation storage amp preservation materials Ist fill of Oil lubricants

grease amp other resources etc required for Installation commissioning work to be

arranged by contractor Crane facility for unloading the equipment at the site Space water compressed air and electric Power will be provided by MDL

During Guarantee Warranty period the entire maintenance repair job shall be carried out by

experienced service engineers amp technicians The supply of all necessary tools tackles and

instruments required for the preventive and breakdown maintenance of the equipment covered

by this contract shall be in contractorrsquos scope No sub-contracting will be allowed

26 Spares Post sale product support 1 The Bidder shall assure a continuous supply of spare parts for at least 10 years from

GM(M)MTI2000007617Passivation Station

Page 23 of 45

the date of commissioning of the machine at MDL

2 List of Service centers amp Setup details to be provided

3 Standard accessories required for making itemequipmentmachine operational amp

ready to use should be included in the scope of supply

4 All defective parts spares can either be repaired or replaced by new parts Spares

replaced will be either of same make or equivalent as suggested by the OEM after

consultation with MDL However the total responsibility of the quality of spares supplied or parts repaired shall be with the Contractor

3 If any defective partitemequipment required to be taken out to the service center by

the firm for the further repairing the firm shall be asked to submit the necessary

indemnity bondBG as required Taking out defective partitemequipment from MDL

and bringing back repaired part item equipment to MDL is in the firmrsquos scope of

work The firm has to bear all the transportation charges amp transit insurance

27 Inspection - (a) Receipt Inspection by MDL- MDL inspection cell amp User dept shall carry out necessary

inspection of the items on receipt in the MDL Yard on the basis of an appropriate MDL

Inspection system requirement along with the representative of user dept amp the Inspection

documents submitted by suppliers Any objection raised by MDL inspection team against

quality of material or workmanship shall be satisfactorily corrected by the supplier at his

expenses including replacement as may be required within shortest possible time within 30

days Items damaged during transit shall also be rectified or replaced by the supplier within

shortest possible time

(b) Rejection of the material Any portion of the equipment found defectiverejected the

supplier shall collect the same at his cost from the MDL Yard all incidental charges being

born by supplier (inclusive of custom duty if payable) within 30 days from the date of

intimation to the supplier of such rejection The MDL reserves the rights to dispose off the

rejected item at the end of a total period of 90 days in any manner to the best advantage to the

MDLamp recover storage charges amp any consequential damages from sale proceeds of such

disposal

(c) Final work completion certificate in respect of completion of entire scope of work will be

certified by MDL user dept

28 Purchase Preference for MSE - NA

29 Risk Purchase amp Cancellation of Order (a) If the equipment article service or any portion thereof be not delivered performed by

the scheduled delivery date period any stoppage or discontinuation of ordered supply

awarded contract without written consent by Purchaser or not meeting the required quality

standards the Purchaser shall be at liberty without prejudice to the right of the Purchaser

to recover Liquidated Damages penalty as provided for in these conditions or to any

other remedy for breach of contract to terminate the contract either wholly or to the extent

of such default Amounts advanced or part thereof corresponding to the undelivered

supply shall be recoverable from the Contractor Bidder at the prevailing bank rate of interest

(b) The Purchaser shall also be at liberty to purchase manufacture or supply from stock as it

deems fit other articles of the same or similar description to make good such default and

or in the event of the contract being terminated the balance of the articles of the

remaining to be delivered there under Any excess over the purchase price cost of

manufacture or value of any articles supplied from the stock as the case may be over the

contract price shall be recoverable from the Bidder Vendor Contractor

(c) The Purchaser reserves the right to cancel an order forthwith without any financial

implications on either side if on completion of 50 of the scheduled deliveryCompletion

period the progress of manufactureSupply is not to the satisfaction of Purchaser and

failure on the part of the BidderVendorContractor to comply with the delivery schedule

is inevitable In such an event the BidderVendorContractor shall repay all the advances

GM(M)MTI2000007617Passivation Station

Page 24 of 45

together with interest at prevailing bank rates from the date of receipt of such advances till

date of repayment The title of any property delivered to Purchaser will be reverted to the

BidderVendorContractor at his cost

(d) In case of breach non-compliance of any of the agreed terms amp conditions of order

contract MDL reserves the right to recover consequential damages from the vendor

contractor on account of such premature termination of contract

(e) In case of delay beyond agreed period for liquidated damages or 10weeks from

contractual delivery period whichever is earlier MDL reserves the right to cancel the

order and procure the order items services from any available source at MDLrsquos option amp

discretion and entirely at your risk and cost Extra expenditure incurred by MDL in doing

will be recoverable from Bidder Supplier Contractor

30 Freak Low Quotes In case after opening of price bid of technically cleared firms it is noted that L-1 firm has quoted very low rates and indicates to withdraw from the tender then EMD shall be

forfeited and firm may be given tender holiday including intimation to other PSUs If the rates

quoted are less than MDL estimates by 40 or so and if the difference in rate between L1 and L2

is 30 or more than the firm will have to give additional BG of 20 of the PO value excluding

GST as additional security Bank charges for this additional BG shall be borne by MDL and

reimbursed against proof of payment

31 Indemnity - The Bidder Vendor Contractor his employees licencees agents or Sub-Vendor

Sub-contractor while on site of the Purchaser for the purpose of this contract indemnifies the

Purchaser against direct damage and or injury to the property and or the person of the Purchaser or

that of Purchasers employees agents Sub- Contractors Suppliers occurring and to the extent

caused by the negligence of the Bidder Vendor Contractor his employees licencees agents or

Sub-contractor by making good such damages to the property or compensating personal injury

and the total liability for such damages or injury shall be as mutually discussed and agreed to

You shall hold harmless and keep MDL indemnified against all claims arising as a result of

infringement of any patent rights on account of manufacture sale or use of article covered by

the order

32 MDL reserves the right to consider placement of Order Contract in part or in full against the

tendered quantity or item MDL reserves the right to place order on FOB or CIF basis

33 MDL shall not be bound by any printed conditions or provisions in the sellers bid forms or

acknowledgement of contract invoices packing list and any other documents which purport to

impose any conditions at variance with the tender terms final negotiated amp accepted terms

34 Bidders can participate in online bidding

a) By registering with above referred portal for User ID and password

b) By obtaining class III DSC (Digital Signature Certificate) for secured bidding

35 In case of improper on-line filling of Acceptance Formats for Tender Enquiry Form General

Terms amp Conditions (GTampC) and Standard Terms amp Conditions (STACS) it shall be

presumed that all our tender terms amp conditions are acceptable to you

36 In case of any clarifications bidders are requested to contact the undersigned before the closing

date of the tender Bidders can also contact toll-free customer help line of e-procurement portal

httpseprocuremdlnicin ASP on email id eproc-supportgovin Ph no 0120-4200462 0120-

4001002

Bidders intending to witness the Tender opening shall log on to httpseprocuremdlnicin

using digital signatures for witnessing the opening

GM(M)MTI2000007617Passivation Station

Page 25 of 45

37 We look forward to your participation in on-line bidding by offering your most competitive

and reasonable bid against this tender

Yours faithfully

For MAZAGON DOCK LIMITED

M Tanweer Iqbal

CM(C-MP)

Enclosure - 1 Instructions to the Bidders

Enclosure - 2 Illustrative format amp guideline for quoting prices in online Price Bid

Enclosure - 3 Standard Terms amp Conditions (STACS)

Enclosure - 4 General Terms amp Conditions (GTampC)

Enclosure - 5 Loading Factors

Enclosure - 6 Format of Letter of Credit

Enclosure 7 Bank Guarantee Format for EMD

Enclosure 8 Bank Guarantee Format for SD

Enclosure 9 Bank Guarantee Format for PBG

Enclosure - 10 MDL bank details for NEFTRTGS EMDSD transfer

Enclosure 11 Shipping Instruction for Sea amp Air Consignments

Note These Enclosuredocuments to be down loaded from our Website under below linkpath-

wwwmazagondockgovin gt Tenders gt Shipbuilding gt ldquoEnclosures Related to Tender Documents from Material

Purchase Deptrdquo

GM(M)MTI2000007617Passivation Station

Page 26 of 45

Enclosure ndash 1

Instructions to the Bidders for uploading the Techno-Commercial Bid and the Price Bid through E-

Procurement Portal

bullbullbullbull Official service provider for the website is NIC

E-mail eproc-supportgovin Office Ph No 0120-4200462 0120-4001002 Ph No +91-8826246593

bullbullbullbull Pre-requisites for up-loading the Techno-Commercial Bid

(i) Compatible computer hardware software set-up to access e-procure website

(ii) ldquoDigital Signature Certificaterdquo class III B (DSC) is a must for downloading the tender and uploading

the techno commercial offer from our website httpseprocuremdlnicin

(iii) ldquoDigital Signature Certificaterdquo class III B (DSC) can be obtained from our service provider

bullbullbullbull To ensure availability of above prerequisite is bidders responsibility

(i) It is mandatory to upload the complete techno-commercial offer and the price bid on e-

procurement

(ii) No part of the bid other than original EMD (if applicable) shall be accepted physically hard copy

outside e-procurement

(iii) Price bids shall strictly be uploaded in appropriate allotted place in the tender available in e-

procurement so that it remains secured encrypted unreadable in the system

(iv) In no circumstances the price bids shall be forwarded or uploaded in any other form

(v) Entire responsibility of the uploading of the complete techno-commercial bid along with the price

bid shall be that of the bidder

(vi) No request complaint shall be entertained after the due datetime of the tender

(vii) Non availability of any of the prerequisites or last minute calls seeking clarifications projecting

problems shall not entitle a bidder to seek request for extension of due date

(viii) Any problem with regard to uploading of the tender shall be intimated to NIC at least 24 hours in

advance to the tender closing time amp date However it will not be considered as reason for extension

of due date of the tender

(ix) Request for extension if at all to be made shall be forwarded at least 3 working days in advance to

the tender closing date time with proper reasoning The request shall be put up to the competent

authority for consideration on the merit of the case MDL reserves all rights in this regard amp decision

of MDL shall be binding to the applicant

It is important to note that the bidders can upload their bids right from the time the tender is available

at website It is advisable that the bidder uploads the bid well in time rather than wait till last minute

to avoid situations wherein he is unable to successfully upload the bid for various reasons which

cannot be addressed then due to lack of time

bullbullbullbull Special instructions to Bidders for online bidding

GM(M)MTI2000007617Passivation Station

Page 27 of 45

(i) Bidders should login well in advance to enable them to complete their bid submission before the

closing time of the tender

(ii) Bidders should submit their bid well in advance to avoid last minute frantic calls

(iii) Bidders should follow all the instructions enlisted on the front page of e-procure web page

(iv) Bidders should ensure Hardware amp Software compatibility as well as Digital Signature available on

front page of e-procure web site Request for extension of due date shall not be entertained due to

non-availability of these tools

bullbullbullbull Bidders to participate in on-line bidding

(i) By registering with above referred portal for User ID and password

(ii) By obtaining class III DSC (Digital Signature Certificate) for secured bidding

NOTE In case any vendor intending to respond against the tender and is not having the DSC to facilitate

uploading of his bid should approach the Service Provider at least 10 working days in advance of the tender

closing date requesting DSC The request so made to the Service Provider should simultaneously be

forwarded to MDL Dealing Officer In case the DSC is not received within 3 to 4 working days the GM (M)

be informed and the DSC if not received from the Service Provider three working days in advance for

suitable extension to tender closing date then only the tender due date shall be considered

GM(M)MTI2000007617Passivation Station

Page 28 of 45

Annexure-2

Illustrative format amp guideline for quoting prices in online Price Bid

Below format of price bid will appear online Indigenous bidders to follow instructions given in each respective

cell while quoting their cost in online price bid -

Item Sr no 1

Material Description As per clause No 1

Quantity As per clause No 1

Set Set

Currency INR USD EURO

For Indian Bidder Basic Unit Rate in INR only

For Foreign Bidder CIF Rate to be entered by the foreign

currency

To be quoted

of CGST+SGST or IGST on Basic rate To be quoted

Installation Commissioning Charges per Unit To be quoted

of CGST+SGST or IGST on Installation Commissioning

Charges To be quoted

Inspection Testing Charges per Unit To be quoted

of CGST+SGST or IGST on Inspection Testing Charges To be quoted

GM(M)MTI2000007617Passivation Station

Page 29 of 45

Enclosure-3

STANDARD TERMS AND CONDITIONS (STACS) 101 The word Purchaser refers to MAZAGON DOCK SHIPBUILDERS LIMITED (MDL) a Company

registered under the Indian Companies Act 1913 and it includes its successors or assignees

102 The word BidderVendorContractor means the person firm Company who undertakes to

manufacture and or supply and or undertake work of any nature assigned by the Purchaser from time to time

and includes its successors or assignees

103 The word Owner means the person or authority with whom MAZAGON DOCK SHIPBUILDERS

LIMITED (Purchaser) has contracted to carry out work in relation to which orders are placed by the

Purchaser on the BidderVendorContractor under this contract for supply or manufacture of certain items

and would include Department of Defence Production Ministry of Defence Government of India the Indian

Navy the Coast Guard and any other specified authority

120 GENERAL 121 Unless otherwise indicated specifically by the bidder contractor in his bid it shall be construed as his

acceptance of all the conditions mentioned in this STACS

200 COMMUNICATION amp LANGUAGE FOR DOCUMENTATION 201 Any letter facsimile message e-mail intimation or notice sent to the BidderVendorContractor at the

last known address mentioned in the offer order shall be deemed to be valid communication for the purpose

of the ordercontract Unless stated otherwise by the purchaser Language for communication amp all

documentation shall be same which the Purchaser has used in the tender enquiry

210 PURCHASERrsquoS PROPERTY 211 All property (such as materials drawings documents etc) issued by the Purchaser or any other

individual or firm on behalf of the Purchaser in connection with the contract shall remain confidential being

the property of the Purchaser and the BidderVendorContractor shall undertake to return all such property so

issued and will be responsible for any or all loss thereof and damage thereto resulting from whatever causes

and shall reimburse the Purchaser the full amount of loss and damage

212 On completion of work in any compartment location of the purchaserrsquos premises the

BidderSupplierContractor must ensure that the place is left in a reasonably clean state and all scrap is

transferred to nearby scrap-bins

220 RISK PURCHASE 221 If the equipment article service or any portion thereof be not delivered performed by the scheduled

delivery date period any stoppage or discontinuation of ordered supply awarded contract without written

consent by Purchaser or not meeting the required quality standards the Purchaser shall be at liberty without

prejudice to the right of the Purchaser to recover Liquidated Damages penalty as provided for in these

conditions or to any other remedy for breach of contract to terminate the contract either wholly or to the

extent of such default Amounts advanced or part thereof corresponding to the undelivered supply shall be

recoverable from the Contractor Bidder at the prevailing bank rate of interest

222 The Purchaser shall also be at liberty to purchase manufacture or supply from stock as it deems fit

other articles of the same or similar description to make good such default and or in the event of the contract

being terminated the balance of the articles of the remaining to be delivered there under Any excess over the

purchase price cost of manufacture or value of any articles supplied from the stock as the case may be over

the contract price shall be recoverable from the Bidder Vendor Contractor

230 RECOVERY ADJUSTMENT PROVISIONS 231 Payment made under one order shall not be assigned or adjusted to any other order except to the extent

agreed upon in writing by the Purchaser During the currency of the contract if any sum of money is payable

by the Bidder Vendor Contractor the same shall be deducted from any sum then due or thereafter may

become due to the Bidder Vendor Contractor under the contract or any other contract with the Purchaser

240 ADDITIONAL BANK GUARANTEE In case after opening of price bid of technically cleared firms it is noted that L-1 firm has quoted very low

rates and indicates to withdraw from the tender then EMD shall be forfeited and firm may be given tender

holiday including intimation to other PSUs If the rates quoted are less than MDL estimates by 40 or so and

if the difference in rate between L1 and L2 is 30 or more then the firm will have to give additional BG of

20 of the PO value as additional security Bank charges for this additional BG shall be borne by MDL and

reimbursed against proof of payment

250 INDEMNIFICATION 251 The Bidder Vendor Contractor his employees licencees agents or Sub-Vendor Sub-contractor

while on site of the Purchaser for the purpose of this contract indemnifies the Purchaser against direct

GM(M)MTI2000007617Passivation Station

Page 30 of 45

damage and or injury to the property and or the person of the Purchaser or that of Purchasers employees

agents Sub- Contractors Suppliers occurring and to the extent caused by the negligence of the Bidder

Vendor Contractor his employees licencees agents or Sub-contractor by making good such damages to the

property or compensating personal injury and the total liability for such damages or injury shall be as

mutually discussed and agreed to

260 TRANSFER OF VENDORS CONTRACTORrsquoS RIGHTS 261 The Bidder Vendor Contractor shall not either wholly or partly sell transfer assign or otherwise

dispose of the rights liabilities and obligations under the contract between him and the Purchaser without

prior consent of the Purchaser in writing

270 SUBCONTRACT amp RIGHT OF PURCHASER 271 The Bidder Vendor Contractor under no circumstances undertake or subcontract any work contract

from or to any other Sub-contractor without prior written approval of the Competent Authority of Purchaser

In the event it is found that such practice has been indulged in the contract is liable to be terminated without

notice and the Bidder Vendor Contractor is debarred all from future tender enquiries work orders

However in no circumstances a contractor is permitted to subcontract any part of the contract to the bidders

who had quoted for the concerned tender

280 PATENT RIGHTS 281 The Bidder Vendor Contractor shall hold harmless and keep the Purchaser indemnified against all

claims arising as a result of infringement of any patent copy rights on account of manufacture sale or use of

articles covered by the order

290 AGENTS AGENCY COMMISSION

291 The seller confirms and declares to the buyer that the seller is the original manufacturer or authorized

distributorstockiest of original manufacturer of the stores referred to in this contract and has not engaged any

individual or firm whether Indian or foreign whatsoever to intercede facilitate or in any way to

recommended to the Buyer or any of its functionaries whether officially or unofficially to the award of the

Contract Purchase order to the Seller nor has any amount been paid promised or intended to be paid to any

such individual or firm in respect of any such intercession facilitation or recommendation The Seller agrees

that if it is established at any time to the satisfaction of the Buyer that the present declaration is in any way

incorrect or if at a later stage it is discovered by the Buyer that the Seller has engaged any such

individualfirm and paid or intended to pay any amount gift reward fees commission or consideration to

such person party firm or institution whether before or after the signing of this Contract Purchase order

the Seller

will be liable to refund that amount to the Buyer

Tender no GM (M)GRA2000007246 Page 16 of 26

The seller will also be debarred from participation in any RFQTender for new projectsprogram with Buyer

for a minimum period of five years

The buyer will also have a right to consider cancellation of the Contract either wholly or in part without any

entitlement or compensation to the Seller who shall in such event be liable to refund all payments made by

the buyer in terms of the Contract along with interest at the rate of 2 per annum above LIBOR (London

Inter Bank Offer Rate) (for foreign vendors) and base rate of SBI plus 2 (for Indian Vendors)

The Buyer will also have the right to recover any such amount from any contracts concluded earlier with

Buyer

300 USE OF UNDUE INFLUENCE CORRUPT PRACTICES

301 The Bidder Supplier Contractor undertakes that he has not given offered or promised to give directly

or indirectly any gift consideration reward commission fees brokerage or inducement to any person in

service of the Purchaser or otherwise in procuring the contract or forbearing to do or for having done or

forborne to do any act in relation to the obtaining or execution of the Contract with the Purchaser for showing

or forbearing to show favour or disfavour to any person in relation to the Contract or any other Contract with

the Purchaser Any breach of the aforesaid undertaking by the Bidder Supplier Contractor or any one

employed by him or acting on his behalf (whether with or without the knowledge of the Bidder Supplier

Contractor) or the commission of any offence by the Bidder Supplier Contractor or any one employed by

him or acting on his behalf as defined in Chapter IX of the Indian Penal Code 1980 or the Prevention of

Corruption Act 1947 or any other Act enacted or the prevention of corruption shall entitle the Purchaser to

cancel the contract and all or any other contracts with the Bidder Contractor Supplier and recover from the

Bidder Supplier Contractor the amount of any loss arising from such cancellation Decision of the

Purchaser or his nominee to the effect that a breach of the undertaking has been committed shall be final and

binding on the Bidder Supplier Contractor

302 The Bidder Supplier Contractor shall not offer or agree to give any person in the employment of

GM(M)MTI2000007617Passivation Station

Page 31 of 45

Purchaser any gift or consideration of any kind as Inducement or reward for doing or forbearing to do or

for having done or forborne to do any act in relation to the obtaining or execution of the contracts Any

breach of the aforesaid condition by the Bidder Supplier Contractor or any one employed by them or

acting on their behalf (whether with or without the knowledge of the Bidder Supplier Contractor) or the

commission of any offence by the Bidder Supplier Contractor or by any one employed by them or acting

on their behalf which shall be punishable under the Indian Penal Code 1980 andor the Prevention of

Corruption by Public Servants shall entitle Purchaser to cancel the contracts and all or any other contracts

and then to recover from the Bidder Supplier Contractor the amounts of any loss arising from such

contracts cancellation including but not limited to imposition of penal damages forfeiture of Security

Deposit encashment of the Bank Guarantee and refund of the amounts paid by the Purchaser

303 In case it is found to the satisfaction of the Purchaser that the Bidder Supplier Contractor has

engaged an Agent or paid commission or influenced any person to obtain the contract as described in clauses

relating to Agents Agency Commission and use of undue Influence the Bidder Supplier Contractor on a

specific request of the Purchaser shall provide necessary information inspection of the relevant financial

document information

310 IMMUNITY OF GOVERNMENT OF INDIA CLAUSE 311 It is expressly understood and agreed by and between Ms (Bidder Supplier Contractor) and

MAZAGON DOCK SHIPBUILDERS LIMITED Dockyard Road Mumbai - 400 010 (MDL) is entering

into this Agreement solely on its own behalf and not on the behalf of any person or entity In particular it is

expressly understood and agreed that the Government of India is not a party to this Agreement and has no

liabilities obligations or rights hereunder It is expressly understood and agreed that MDL is an independent

legal entity with power and authority to enter into contracts solely in its own behalf under the applicable of

Laws of India and general principles of Contract Law The (Bidder Supplier Contractor) expressly agrees

acknowledges and understands that MDL is not an agent representative or delegate of the Government of

India It is further understood and agreed that the Government of India is not and shall not be liable for any

acts omissions and commissions breaches or other wrongs arising out of the contract Accordingly (Bidder

Supplier Contractor) hereby expressly waives releases and foregoes any and all actions or claims including

cross claims impleader claims or counter claims against the Government of India arising out of this contract

and covenants not to sue Government of India in any manner claim cause of action or thing whatsoever

arising of or under this Agreement

320 EXPORT LICENCE 321 The export licenses that may be required for delivery of the various itemsequipment to MDL shall be

arranged by the Bidder Supplier Contractor from the concerned authorities in their country without any

time amp cost implications on the Purchaser

330 BANNED OR DE-LISTED CONTRACTORS VENDORS 331 The Bidder Vendor Contractor declares that they being Proprietors Directors Partners have not

been any time individually or collectively blacklisted or banned or de-listed by any Government or quasi

Government agencies or PSUs If a bidderrsquos entities as stated above have been blacklisted or banned or delisted

by any Government or quasi Government agencies or PSUs this fact must be clearly stated and it may

not necessarily be a cause for disqualifying him

340 DUTY OF PERSONNEL OF SUPPLIERVENDOR 341 MDL being a Defence Organization Bidder Vendor Contractor undertakes that their personnel

deployed in connection with the entrusted work will not indulge in any activities other than the duties

assigned to them

350 DISPUTE RESOLUTION MECHANISM AND ARBITRATION

351 DISPUTE RESOLUTION MECHANISM (DRM) i) Any disputedifferences between the parties arising out of and in connection with the contract shall be

settled amicably by mutual negotiations

ii) In case of non-settlement by (i) above if at any time before during or after the contract period any

unsettled claim dispute or difference arose between the parties upon or in relation to or in connection with

or in any way touching or concerning this tenderagreementordercontract the same shall be referred to the

concerned Functional Director

The Functional Director shall then nominate an Executive of the rank of General Manager whom he thinks fit

and competent or a Committee of Executives whowhich shall then scrutinise the claimsdisputes that have

been referred to the concerned functional Director and make efforts for amicable settlements by mutual

discussionsnegotiations

iii) In case no amicable settlement is arrived by (ii) above within a period of three months then the contractor

shall approach Public Grievance Cell and address the disputes as per the provisions made under the relevant

GM(M)MTI2000007617Passivation Station

Page 32 of 45

clause of the contract

iv) In case the issuesdisputes do not get settled within a period of six months from the date of

submission of the dispute to the Grievance Cell then the contractor may invoke Arbitration Clause of the

contract

352 ARBITRATION Unresolved disputesdifferences if any shall then be settled by arbitration The

Arbitration proceedings shall be conducted at Mumbai India in English Language under the Arbitration amp

Conciliation Act 1996

MDL prefers to have arbitration through Institutes such as Indian Council of Arbitration (ICA)ICA-DR with

the mutual consent of the parties

353 In case of unresolved differencedispute between the Purchaser and Supplier being Central Public

Sector EnterprisesCentral Govt departments the disputes shall be resolved firstly through mutual discussion

or through the empowered agencies of the Govt or through arbitration by reference by either party to the

department of Public Enterprises as per extant guidelines If disputesdifferences remain

unresolvedunexecuted the same shall be referred first to the Cabinet Secretariat and then if necessary to the

PMO

354 Any changes to arbitration clause must be vetted by HOD (Legal) before incorporation in

contractPO

360 JURISDICTION OF COURTS 361 All contracts shall be deemed to have been wholly made in Mumbai and all claims there under are

payable in Mumbai City and it is the distinct condition of the order that no suit or action for the purpose of

enforcing any claim in respect of the order shall be instituted in any Court other than that situated in Mumbai

City Maharashtra State India ie courts in Mumbai shall alone have jurisdiction to decide upon any dispute

arising out of or in respect of the contract

-----------------------

GM(M)MTI2000007617Passivation Station

Page 33 of 45

Enclosure-4

GENERAL TERMS amp CONDITIONS (GTampC)

A10 Blank

A20 SECURITY DEPOSIT A21 The successful bidder shall submit a Security Deposit 5 of the contract order value (excluding

taxes duties freight service component) of the Order in the form of Demand Draft Bank Guarantee in the

prescribed format in favour of Purchaser within 25 days from date of Contract The Security Deposit will be

returned only after the successful execution of the order contract Refund of Security Deposit whenever

considered admissible by the Purchaser shall be without interest only

A30 FORFEITURE OF EMD BID BOND A31 In cases of withdrawal of bid during validity period or during any extension granted thereof non

acceptance of agreed conditions of Technical and or Commercial and or Price Negotiations non-submission

of the security deposit and or non-acceptance of the order the EMD or bid security will be forfeited or

encashed as the case may be

A40 FORFEITURE OF SECURITY DEPOSIT A41 Non-performance of agreed terms and or defaultbreach by BidderVendorContractor will result in

forfeiture of security deposit with application of risk purchase provisions as felt appropriate by the Purchaser

A50 FORFEITURE OF PERFORMANCE GUARANTEE A51 In the event of BidderVendorContractor failure to attend the Guarantee defects within a reasonable

period of time the Performance Bank Guarantee will be encashed by the Purchaser The Purchaserrsquos decision

shall be final and binding on BidderVendorContractor

A60 SUPPLIES A61 The equipment products items Services to be supplied shall be strictly in accordance with the

Drawings Specifications Requirements indicated in the Tender Enquiry Order with deviations if any as

mutually accepted

A70 PROGRESS REPORTING amp MONITORING A71 Where so stipulated in the order the Bidder Supplier Contractor shall render such reports from time

to time as regards the progress of the contract and in such a form as may be called for by the Purchaser

A80 CANCELLATION OF ORDER A81The Purchaser reserves the right to cancel an order forthwith without any financial implications on either

side if on completion of 50 of the scheduled deliveryCompletion period the progress of

manufactureSupply is not to the satisfaction of Purchaser and failure on the part of the

BidderVendorContractor to comply with the delivery schedule is inevitable In such an event the

BidderVendorContractor shall repay all the advances together with interest at prevailing bank rates from the

date of receipt of such advances till date of repayment The title of any property delivered to Purchaser will

be reverted to the BidderVendorContractor at his cost

A82 In case of breach non-compliance of any of the agreed terms amp conditions of order contract MDL

reserves the right to recover consequential damages from the vendor contractor on account of such

premature termination of contract

A83 In case of delay beyond agreed period for liquidated damages or 10weeks from contractual delivery

period whichever is earlier MDL reserves the right to cancel the order and procure the order items services

from any available source at MDLrsquos option amp discretion and entirely at your risk and cost Extra expenditure

incurred by MDL in doing will be recoverable from Bidder Supplier Contractor

A90 PRESERVATION AND MAINTENANCE

A91 Should any material require any preservation till its final installationfitment the detailed procedure

(Long term amp short term) for the same as also the time of interval after which the state of preservation needs

to be reviewed is to be stated by the BidderVendorContractor

A92 Further the de-preservation prior to the materialequipment being commissioned and the maintenance

procedure together with its periodicity is also to be indicated by the Bidder Vendor Contractor

A93 The Bidder Vendor Contractor in their offer must confirm that indigenous oil lubricants and

preservatives etc can be used in the equipment The bidder must also give assurance that the equipment

performance will not be downgraded by use of indigenous equivalents

A100 FREIGHT amp INSURANCE

A101 For Indigenous Bidders In cases where the offers are for Door Delivery to Purchaser transit freight

amp Insurance charges shall be borne by the Bidder Supplier Contractor In other agreed cases of Ex-works

Ex-Transporters warehouse or Railway godown offers the Bidder Supplier Contractor on dispatch shall

give details of materials with dispatch particulars and their value in time to Purchasers Insurance Company

GM(M)MTI2000007617Passivation Station

Page 34 of 45

on the contact details as provided in the order In such agreed cases the freight amp insurance charges will be

paid by the purchaser directly to the parties concerned

A102 For Foreign Bidders For overseas supplies on CIF port of dispatch basis Transit Insurance shall be

arranged by the Purchaser The Bidder Supplier Contractor shall immediately on despatch of the

items inform all relevant details of despatch such as Order number Bill of LadingAWB number

marked as Freight Paid Insurance policydocument number of packages value of consignment

invoice number in time directly to Purchasers Insurance company amp Purchaser on the contact details

as provided in the order In case of delivery term other than CIFCIP the freight amp insurance charges

will be paid by the purchaser directly to the parties concerned

A110 TAXES amp DUTIES STATUTORY LEVIES A111 Taxes and duties applicable if any shall be regularized by MDL by issuing necessary exemption

certificates in respect of procurement for Defence Projects Bidder shall indicate separately the GST and

duties applicable in their offer When the items qualify for exemption partlyfully but the supplier did not

avail of the same the amount of taxes and duties on such supplies shall be to supplierrsquos account In cases

where exemption certificates are not issued for any reason taxes shall be paid as indicated in the Purchase

OrderContract Tax deduction at source will be effected wherever applicable (eg TDS under Income tax

Act TDS on Works Contract under GST Act etc) from the bills of the Supplier as per statutes Similarly

where payment of Custom duty is agreed to and stipulated in the Purchase Order Contract the same will be

paid by the Purchaser on receipt of supplierrsquos bills along with Custom Certified Duty Paid Challan-Money

Receipt in original or carbon copy as relevant These Challans Receipts Bill of Entry are to be drawn issued

in the name of lsquoMAZAGON DOCK SHIPBUILDERS LIMITEDrsquo only Where payment of GST is agreed to

and stipulated in the Purchase Order Contract the same will be paid by the Purchaser on the basis of

Suppliers TAX INVOICE wherein the GST Number along with HSN SAC code is indicated in the Invoice

A120 DEMURRAGE A121 Storage and Demurrage charges will be payable by the Bidder Vendor Contractor for all shipments

that reach purchaser without proper dispatch documentations Lorry Receipts not accompanied by packing

lists invoices etc The Supplier shall be responsible for fines due to errors or omissions in description weight

or measurements and for increased handling charges due to improper packing

A130 INSPECTION TESTING A131The ordered items will be inspected either by Classification Society Nominated Agency and or by

Inspection Officer nominated by Purchaser at stages defined in the tender Purchase Order or as agreed to be

defined subsequently in terms of the Purchase Order

A132 The decision of the Inspecting Authority or their representatives as the case may be on any question

of the intent meaning and the scope of Specifications Standards shall be final conclusive and binding on

the Bidder Vendor Contractor

A133 The Bidder Vendor Contractor shall accord all facilities to Purchasers Inspectors Nominated

Agency to carry out Inspection Testing during course of manufacture final testing

A140 RECEIPT INSPECTION BY MDL A141 MDL shall carry out necessary inspection of the items on receipt on the basis of an appropriate quality

assurance system and inspection system requirements along with representative of the Owner Any objection

raised by MDL Quality Control Team against quality of materials or workmanship shall be satisfactorily

corrected by the Contractor at his expense including replacement as may be required within shortest possible

time within 30 days Items damaged during transit shall also be rectified replaced by the Contractor within

shortest possible time payment for which shall be made at mutually agreed rates

A150 REJECTION OF MATERIALS A151 Should the articles or any portion thereof of the equipment be found defective rejected the Bidder

Vendor Contractor shall collect the same from the Purchasers Stores all incidental charges being borne by

him (inclusive of Custom duty if payable) within 30 days from the date of intimation to the Bidder Vendor

Contractor of such rejection The Purchaser reserves the right to dispose off the rejected items at the end of

a total period of 90 days in any manner to the best advantage to the Purchaser and recover storage charges

and any consequential damages from sale proceeds of such disposal

A160 TECHNOLOGICAL DEVELOPMENTS MODIFICATIONS

A161 The Bidder Supplier Contractor shall unconditionally and free of cost to the Purchaser transfer

information on technological developments innovations modifications which the BidderSupplier

Contractor would evolve in future (within 3 years) in relation to the supplied equipment To enable this the

Purchasers address shall be added to the Bidder Supplier Contractorrsquos mailing list or database or any other

document maintained for dissemination of product information and the Purchaser shall be informed of the

GM(M)MTI2000007617Passivation Station

Page 35 of 45

action taken in this regard If such improvements modifications are brought in by the Bidder Supplier

Contractorrsquos Design Department in the course of manufacture of equipment ordered by the Purchaser the

Bidder Supplier Contractor shall incorporate such improved versions in the equipment without any extra

cost to the Purchaser under Purchaserrsquos prior consent

A162 If the Purchaser be desirous of getting incorporated all post supply modifications improvements

arising out of technological developments to the original equipment supplied by the Bidder Supplier

Contractor the Bidder Supplier Contractor shall quote for and carry out all such modifications to the

equipment

A163 Where the whole or a portion of the equipment has been specifically developed by the Bidder

Supplier Contractor for the Owner and the latter would through the Purchaser be bearing the entire or part

of the development cost incurred by the Bidder Supplier Contractor the design rights for the whole or

portion thereof of the equipment as appropriate shall vest in the Owners

A164 Prior approval of the Owner should be obtained before similar articles are sold supplied to any other

party other than the Owner If such approval is given and sale is effected the Bidder Supplier Contractor

shall pay to the Owner royalty at the rate mutually agreed to

A165 The Sub-contractor Supplier Supplier shall continue to support the equipment for a minimum period

of 20 years from the date of supply by making available spare parts and assemblies of the equipment

supplied Should the Sub-contractor Supplier Supplier decides to discontinue the product for any reason

whatsoever adequate notice shall be given to the Purchaser Owner to enable procurement of the requisite

lifetime spares

A170 PURCHASERrsquoS RIGHT TO ACCEPT ANY BID PART OF BID AND TO REJECT ANY OR

ALL BIDS A171 The Purchaser reserves the right to accept and or reject any or all tenders and or to withdraw the tender

in Toto and or award the contract order in full or part to more than one vendor contractor without

assigning any reason whatsoever and without thereby incurring any liability to the affected Bidder or Bidders

or any obligations to inform the affected Bidder or Bidders of the grounds for MDL action

A180 BANK GUARANTEE INSURANCE COVER FOR FREE ISSUE MATERIAL A181 The Bidder Supplier Contractor shall furnish Bank Guarantee insurance Cover equivalent to the

value of materials supplied by MDL free of cost valid up to the execution of the contract delivery of

material inspected accepted and receipt at MDL together with the material reconciliation statement

whichever is later

A190 BIDDERrsquoS RESPONSE IN CASE OF NO PARTICIPATION A191 The Sub-contractor Supplier Vendor shall inform the Purchaser in advance in case he is unable to

participate in the tender for whatsoever reason Failure to comply with this will be viewed seriously and

consecutive three failures on the part of Sub-contractor Supplier Vendor to do so is liable for

disqualification debarring of the Sub-contractor Supplier Vendor from all future tender enquiries and or

delisting from the list of Approved Registered Vendors

A230 PREFERENCETIAL PURCHASE FROM MSE VENDORS ndash Not Applicable MDL has right to place order on MSE firm meeting following criteria

In tenders if participating MSEs quoted prices are within price band of L1+15 such MSEs shall also be

allowed to supply a portion up to 20 of requirement by bringing down their prices to L1 price where L1 is

non MSEs If more than 1 MSEs fall under such criteria then this 20 shall be distributed proportionally

This preference shall not be applicable where MSE firm is L1 firm out of 20 percent target of annual

procurement from Micro and Small Enterprises a sub-target of 20 percent (ie 4 percent out of 20 percent)

shall be earmarked for procurement from Micro and Small Enterprises owned by the Scheduled Caste or the

Scheduled Tribe Entrepreneurs In respect of items reserved for MSE extant guidelines shall be followed

Presently Circular No SO 581(E) dated 23032012 is applicable

GM(M)MTI2000007617Passivation Station

Page 36 of 45

Annexure-5

LOADING FACTORS A

Sr

No

Description Foreign Supplier

100 import content

Indigenous

Supplier with part

Import content

Indigenous

Supplier without

Import content

1 Basic Price Quoted

CIF

a a Ex Works

b b Delivered to

MDL Stores

a Ex Works

b Delivered to

MDL Stores

2 Add Insurance Charges Nil In case of 1 (a) In case of 1 (a)

3 Add Sea Air Freight charges

Inland Road Transport Nil In case of 1 (a) In case of 1 (a)

4

Customs Clearance Port

Handling Transportation to

Yard

Applicable NIL NIL

5

Cost (ex-MDL) excluding taxes

amp duties without loading

towards any deviations

CIF price +

SrNo4 Sr Nos (1+2+3) Sr Nos (1+2+3)

B LOADINGS DUE TO VARIATIONS IN FINANCIAL TERM

6 Variation in payment Terms

Varied payment terms quoted by bidders as compared to the terms stated

in the tender document shall be normalized on the amount(s) at variation

and or for the period (in no of days) at variation by adopting the Prime

Lending Rate of State Bank India plus 2 thereon incase of indigenous

bidders and LIBOR EURIBOR rates in case of foreign bidders

7

Income tax amp Service Tax on

Technical Services Service

Engineers liability to MDL

Normalization shall be done in respect of the amount of tax that have to

be borne by the Company

8 Production norms such as

scrap output ndash input ratio

9 Base date for price variation

clause

1

0

Cost (ex-MDL) excluding taxes

amp duties after loading for

variations in financial term

(SR Nos 5 + 6 + 7 + 8 + 9)

C LOADING ON ACCOUNT OF DEVIATIONS IN FOLLOWING COMMERCIAL TERMS

11

Security Deposit Contract

Performance Guarantee Mandatory

12

Equipment Performance

Guarantee Mandatory

13

Additional delivery period

sought over stipulated period as

per Tender

For the additional period sought by the bidder over the stipulated date of

delivery as per tender 050 per week for delayed period will be loaded

to the quoted price if the period under variation does not lead to bid

rejection criteria 14 Additional time sought for

supplying binding data

15 Liquidated damages per week

rate Maximum Ceiling

If bidder seeks less than 5 (Max ceiling) then the difference will be

loaded

The rate of LD per week or part thereof is 05 If bidder seeks say 04

per week or part thereof then Max Ceiling of LD will be equated to

weeks (Say 10 weeks) then LD proposed by bidder works out to 10 X 04

= 4 then 1 will be loaded

16 Warranty Guarantee

Deviations in respect of the period of Warranty shall be loaded to the

quoted price 025 per month or part thereof This does not arise if

the bidder quotes additional price for the differential period

GM(M)MTI2000007617Passivation Station

Page 37 of 45

17

Cost (Ex-MDL) excluding taxes

amp duties after loading for

variations on account of

financial and commercial terms

Sr Nos 10 + 11 + 12 + 13 + 14 + 15 + 16

D LANDED COST

18

Taxes amp Duties

19

Landed Cost Sr Nos 17 + 18

GM(M)MTI2000007617Passivation Station

Page 38 of 45

Annexure-6

LETTER OF CREDIT FORMAT FOR SHIPMENT BY SEA AIR

40A Form of Documentary Credit Type IRREVOCABLE

20 Transaction Reference Number Documentary

Credit Number

31C Date of Issue Date

31D Date and Place of Expiry Date

Place NEGOTIATING BANK

51A Applicant Bank BIC BANKERS OF MDLMUMBAI

50 Applicant Name amp Address MAZAGON DOCK SHIPBUILDERS LTD

DOCKYARD ROAD MAZAGON MUMBAI ndash

400 010

59 Beneficiary Name amp Address

32B Currency Code Amount

Currency

Amount

39A Percentage Credit Amount Tolerance

Tolerance 1

Tolerance 2

41D Available with hellipByhellip Name amp Address

42C Draft at hellip Narrative SIGHTNEGOTIATION

42D Drawee Name amp Address BANKERS OF MDLMUMBAI

43P Partial Shipments Narrative ALLOWEDNOT ALLOWED

43T Transhipment Narrative ALLOWEDNOT ALLOWED

44A Loading on Board Dispatch Narrative AIRPORT SEAPORT (AS PER TENDER

ENQUIRYORDER)

44B For Transportation to Narrative AIRPORT SEAPORT (AS PER TENDER

ENQUIRYORDER)

44C Latest Date of Shipment Date

46A Documents required Narrative (AS PER TENDER ENQUIRY)

47A Additional conditions Narrative 1 ALL DOCUMENTS SHOULD BE MARKED

WITH IEC CODE NO0388070412 LC NO

AND DATE AND IMPORT UNDER NON-

NEGATIVE LIST OF IMPORT EXPORT

POLICY AM

2 DISCREPANT DOCUMENTS TO BE SENT

STRICTLY ON COLLECTION BASIS

71B Details of charges Narrative ALL FOREIGN BANK CHARGES OUTSIDE

INDIA ARE FOR THE BENEFICIARYrsquoS

ACCOUNT

48 Period for presentation

Narrative

WITHIN ----- DAYS FROM THE DATE OF

BILL OF LADING AIRWAY BILL 49 Confirmation instructions

Instruction

WITHOUT

53D Reimbursing Bank

Name amp Address

BANKERS OF MDL WILL SPECIFY

78 Instructions to the Paying Accepting Bank

Narrative

BANKERS OF MDL WILL SPECIFY 72 Sender to Receiver Information

Narrative

BANKERS OF MDL WILL SPECIFY

GM(M)MTI2000007617Passivation Station

Page 39 of 45

Enclosure-7

PROFORMA BANK GUARANTEE FOR BID BOND EMD

(On Non-Judicial stamp paper of value Rs 500-)

IN CONSIDERATION OF MAZAGON DOCK SHIPBUILDERS LIMTED a company incorporated under the Companies Act 1956 and having its registered office at Dockyard Road Mumbai 400010 (hereinafter referred to as

the ldquothe Companyrdquo which expression shall unless it be repugnant or contrary to the subject or context thereof be

deemed to mean and include its successors and assigns) having agreed to accept the Earnest Money Deposit (EMD)

of Rs--------------------------- -------(Rupees-----------------------------only) in the form of Bank Guarantee from Messers

a partnership firmsole proprietor businessa company registered under the Companies Act 1956

having its office at (hereinafter called the tenderer which expression shall unless it be

repugnant or contrary to the subject or context thereof be deemed to mean and include its successors and assigns) for

participating in the Tender nodated (hereinafter called the tender which expression

shall include any amendmentsalterations to the tender issued by the Company) for the supply delivery at site

installation and commissioning of certain equipment itemservicescivil works etc We

Bank having office at (hereinafter referred to as ldquothe Bankrdquo which

expression shall includes its successors and assigns) hereby agree to pay to the Company without any demur on first

demand an amount not exceeding Rs (Rupeesonly) against any loss or damage costs charges and expenses caused to or suffered by the Company by reason of non performance and non-fulfilment or for

any breach on the part of the tenderer of any of the terms and conditions of the said tender

2 We Bank further agree that the Company shall be sole judge whether the said tenderer has

failed to perform or fulfil the said tender in terms thereof or committed breach of any terms and conditions of the

tender the extent of loss damage cost charges and expenses suffered or incurred or would be suffered or incurred by

the Company on account thereof and we waive in the favour of the Company all the rights and defences to which we

as guarantors may be entitled to

3 We Bank further agree that the amount demanded by the Company as such shall be final and

binding on the Bank as to the Bank s liability to pay and the amount demanded and the Bank undertake to pay the

Company the amount so demanded on first demand and without any demur notwithstanding any dispute raised by the

tenderer or any suit or other legal proceedings including arbitration pending before any court tribunal or arbitrator

relating thereto our liability under this guarantee being absolute and unconditional

4 We Bank further agree with the Company that the Company shall have the fullest liberty

without our consent and without affecting in any manner our obligations hereunder to vary any of the terms and

conditions of the said tenderor to extend time of performance by the tenderer from time to time or to postpone for

any time to time any of the powers exercisable by the Company against the tenderer and to forbear to enforce any of

the terms and conditions relating to the tender and we shall not be relieved from our liability by reason of any such

variation or extension being granted to the tenderer or for any forbearance act or omission on the part of the

Company or any indulgence by the Company to the tenderer or by any such matter or things whatsoever which under

the law relating to sureties would have the effect of relieving us

5 We Bank further undertake not to revoke this guarantee during its currency except with

the previous consent of the Company in writing

6 We Bank also agree that the Bankrsquos liability under this guarantee shall not be affected

by any change in the constitution of the tenderer or dissolution or winding up of the business of the tenderer

7 Notwithstanding anything contained herein above

i) Our liability under this guarantee shall not exceed Rs

ii) This Bank Guarantee shall be valid upto and including and

iii) We are liable to pay the guarantee amount or any part thereof under this Bank Guarantee only and only if you

serve upon us a written claim or demand on or before helliphelliphellip (validity + --- weeks from the date of expiry of this

guarantee)

8 This Guarantee shall be governed by Indian laws and the Courts at Mumbai India shall have the exclusive

jurisdiction

GM(M)MTI2000007617Passivation Station

Page 40 of 45

IN WITNESS WHEREOF the Bank has executed this document on this day

of

For Bank

(by its constituted attorney

or the person authorized to sign)

(Signature of a person authorized

to sign on behalf of the Bank)

GM(M)MTI2000007617Passivation Station

Page 41 of 45

Enclosure-8

PROFORMA BANK GUARANTEE FOR SECURITY DEPOSIT (ILLUSTRATIVE FORMAT)

(On Non-Judicial stamp paper of value Rs 500)

IN CONSIDERATION OF MAZAGON DOCK SHIPBUILDERS LIMTED a company incorporated under the

Companies Act 1956 and having its registered office at Dockyard Road Mumbai 400010 (hereinafter referred to as

the ldquothe Purchaserrdquo which expression shall unless it be repugnant or contrary to the subject or context thereof be

deemed to mean and include its successors and assigns) having placed an order on Messers

a partnership firmsole proprietor businessa company registered under the Companies Act 1956

having its office at (hereinafter called the Contractor Supplier which expression shall unless it

be repugnant or contrary to the subject or context thereof be deemed to mean and include its successors and assigns)

vide order No dated (hereinafter called the order which expression shall include any

amendmentsalterations to the order issued by the Purchaser) for the supply delivery at site installation and

commissioning of certain equipment itemservicescivil works etc as stated in the said Order and the Purchaser

having agreed with the ContractorSupplier to accept a Bank Guarantee in lieu of Security Deposit payable under the

said order for the fulfilment and performance of the said order We Bank having

office at (hereinafter referred to as the Bank which expression shall includes its

successors and assigns) hereby agree to pay to the Purchaser without any demur on first demand an amount not

exceeding Rs (Rupeesonly) being 5 of the order value against any loss or damage costs

charges and expenses caused to or suffered by the Purchaser by reason of non performance and non-fulfilment or for

any breach on the part of the Contractor Supplier of any of the terms and conditions of the said order

2 We Bank further agree that the Purchaser shall be sole judge whether the said

contractorSupplier has failed to perform or fulfil the said order in terms thereof or committed breach of any terms

and conditions of the order and the extent of loss damage cost charges and expenses suffered or incurred or would

be suffered or incurred by the Purchaser on account thereof and we waive in the favour

of the Purchaser all the rights and defences to which we as guarantors may be entitled to

3 We Bank further agree that the amount demanded by the Purchaser as such shall be final and

binding on the Bank as to the Bank s liability to pay and the amount demanded and the Bank undertake to pay the

Purchaser the amount so demanded on first demand and without any demur notwithstanding any dispute raised by the

ContractorSupplier or any suit or other legal proceedings including arbitration pending before any court tribunal or

arbitrator relating thereto our liability under this guarantee being absolute and unconditional

4 We Bank further agree with the Purchaser that the Purchaser shall have the fullest liberty

without our consent and without affecting in any manner our obligations hereunder to vary any of the terms and

conditions of the said orderor to extend time of performance by the Supplier from time to time or to

postpone for any time to time any of the powers exercisable by the Purchaser against the Contractor Supplier and to

forbear to enforce any of the terms and conditions relating to the order and we shall not be relieved from our liability

by reason of any such variation or extension being granted to the Contractor Supplier or for any forbearance act or

omission on the part of the Purchaser or any indulgence by the

Purchaser to the ContractorSupplier or by any such matter or things whatsoever which under the law relating to

sureties would have the effect of relieving us

5 We Bank further undertake not to revoke this guarantee during its currency except with

the previous consent of the Purchaser in writing

6 We Bank also agree that the Bankrsquos liability under this guarantee shall not be affected

by any change in the constitution of the Contractor Supplier or dissolution or winding up of the business of the

contractor supplier

7 Notwithstanding anything contained herein above

i) Our liability under this guarantee shall not exceed Rs

ii) This Bank Guarantee shall be valid upto and including and

GM(M)MTI2000007617Passivation Station

Page 42 of 45

iii) We are liable to pay the guarantee amount or any part thereof under this Bank Guarantee only and only if you

serve upon us a written claim or demand on or before helliphelliphelliphellip(validity + ---weeks from the date of expiry of this

guarantee)

8 This Guarantee shall be governed by Indian laws and the Courts at Mumbai India

shall have the exclusive jurisdiction

IN WITNESS WHEREOF the Bank has executed this document on

this day of

For Bank

(by its constituted attorney)

(Signature of a person authorised

to sign on behalf of the Bank)

GM(M)MTI2000007617Passivation Station

Page 43 of 45

Enclosure-9

PROFORMA BANK GUARANTEE FOR PERFORMANCE (ILLUSTRATIVE FORMAT)

(On Non-Judicial stamp paper of value Rs 500-)

IN CONSIDERATION OF MAZAGON DOCK SHIPBUILDERS LIMTED a company incorporated under the

Companies Act 1956 and having its registered office at Dockyard Road Mumbai 400010 (hereinafter referred to as

the ldquothe Purchaserrdquo which expression shall unless it be repugnant or contrary to the subject or context thereof be

deemed to mean and include its successors and assigns) having placed an order on Messers a

partnership firmsole proprietor businessa company registered under the Companies Act 1956 having its Registered

office at (hereinafter called the Contractor Supplier which expression shall unless it be

repugnant or contrary to the subject or context thereof be deemed to mean and include its successors and assigns)

vide order No dated (hereinafter called the order which expression shall include any

amendmentsalterations to the order issued by the Purchaser) for the supply delivery at site installation and

commissioning of certain equipment itemservicescivil works etc as stated in the said Order and the Purchaser

having agreed that the Contractor Supplier shall furnish a security for the performance of the Contractorrsquos

Suppliers obligations andor discharge of the Contractorrsquos Suppliers liability in connection with the said order and

the Purchaser having agreed with the ContractorSupplier to accept a performance guarantee We

Bank having office at (hereinafter referred to as the

Bank which expression shall includes its successors and assigns) hereby agree to pay to the Purchaser without any

demur on first demand an amount not exceeding Rs (Rupeesonly) being 10 of the order

value against any loss or damage costs charges and expenses caused to or suffered by the Purchaser by reason of

non-performance and non-fulfilment or for any breach on the part of the Contractor Supplier of any of the terms and

conditions of the said order

2 We Bank further agree that the Purchaser shall be sole judge whether the said

ContractorSupplier has failed to perform or fulfil the said order in terms thereof or committed breach of any terms

and conditions of the order and the extent of loss damage cost charges and expenses suffered or incurred or would

be suffered or incurred by the Purchaser on account thereof and we waive in the favour of

the Purchaser all the rights and defences to which we as guarantors may be entitled to

3 We Bank further agree that the amount demanded by the Purchaser as such shall be final and

binding on the Bank as to the Bank s liability to pay and the amount demanded and the Bank undertake to pay the

Purchaser the amount so demanded on first demand and without any demur otwithstanding any dispute raised by the

ContractorSupplier or any suit or other legal proceedings including arbitration pending before any court tribunal or

arbitrator relating thereto our liability under this guarantee being absolute and unconditional

4 We Bank further agree with the Purchaser that the Purchaser shall have the fullest liberty

without our consent and without affecting in any manner our obligations hereunder to vary any of the terms and

conditions of the said orderor to extend time of performance by the Supplier from time to time or to postpone for

any time to time any of the powers exercisable by the Purchaser against the Contractor

Supplier and to forbear to enforce any of the terms and conditions relating to the order and we shall not be relieved

from our liability by reason of any such variation or extension being granted to the Contractor Supplier or for any

forbearance act or omission on the part of the Purchaser or any indulgence by the Purchaser to the

ContractorSupplier or by any such matter or things whatsoever which under the law

relating to sureties would have the effect of relieving us

5 We Bank further undertake not to revoke this guarantee during its currency except with

the previous consent of the Purchaser in writing

6 We Bank also agree that the Bankrsquos liability under this guarantee shall not be affected

by any change in the constitution of the Contractor Supplier or

dissolutionhelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

7 Notwithstanding anything contained herein above

i) Our liability under this guarantee shall not exceed Rs

ii) This Bank Guarantee shall be valid upto and including and

GM(M)MTI2000007617Passivation Station

Page 44 of 45

iii) We are liable to pay the guarantee amount or any part thereof under this Bank Guarantee only and only if you

serve upon us a written claim or demand on or before helliphelliphellip (validity + ---weeks from the date of expiry of this

guarantee)

8 This Guarantee shall be governed by Indian laws and the Courts at Mumbai India shall have the exclusive

jurisdiction

IN WITNESS WHEREOF the Bank has executed this document on

this day of

For Bank

(by its constituted attorney)

(Signature of a person authorised

to sign on behalf of the Bank)

GM(M)MTI2000007617Passivation Station

Page 45 of 45

Enclosure-10

Electronic Payment Mandate Form

(MDL Bank details)

Name of the CompanyFirm Mazagon Dock Shipbuilders Limited

Address with Phone no Dockyard Road Mumbai ndash 400010

E-Mail ID

Phone No +91 22 23745310

Fax No

Particulars of Bank Account

Name of the Bank State Bank of India

Name of the Branch Mazagon Dock Mumbai Branch

Branch Code 9054

Bank IFSC NEFT Code SBIN0009054

Bank Address MBPT Workshop building NV Nakhwa Road Mazagon - 400010

City Name Mumbai

Telephone No of Bank +91 22 23752802

9 digit code no of bank amp branch

appearing on the MICR cheque

issued by your bank

400002120

Type of Account Current Account

Account No 10005255246

Income Tax PAN No AAACM8029J

Page 10: Final Tender - Mazagon Dock Shipbuilders...DIVISION-SHIP BUILDING DEPARTMENT-MATERIAL PROCUREMENT Tender no.: GM(M)/MTI/2000007617 for the Engineering, Manufacturing, Supply/Installation,

GM(M)MTI2000007617Passivation Station

Page 10 of 45

which the offer is being submitted (To qualify for EMD exemption firms should

necessarily submit VALID copy of the registration certificate issued by MDL in Part-

I offerbid Firms in the process of obtaining MDL registration will not be considered

for EMD exemption)

623 Firms registered with NSIC under its ldquoSingle Point Registration Schemerdquo

(Exemption will apply only to items service indicated under description of work

supplies services amp value up to which bidders are registered with NSIC) To qualify

for EMD exemption firms should necessarily submit VALID copy of the registration

certificate issued by NSIC in Part-I offer bid Firms in the process of obtaining

NSIC registration will not be considered for EMD exemption

624 Firms registered as Micro and Small Enterprises (MSEs) To qualify for EMD

exemption firms should necessarily upload VALID copy of the registration

certificate from the competent authority regarding their Micro Small Industry status

in Part-I offerbid

625 Commondeemed DPSU registered vendors qualify for EMD exemption Such firms

shall submit valid copy of the registration certificate issued by DPSUs (other than

MDL) for the itemsservices for which the offer is being submitted on Part-I

offerbid Firms in the process of obtaining registration in other DPSUs will not be

considered for EMD exemption

626 Green channel status vendors qualify for EMD exemption Such firms shall submit

valid copy of the green channel certificate issued by MoD for the items for which the

offer is being submitted in Part-I offerbid Firms in process of obtaining this

certificate will not be considered for EMD exemption

7 Bid Rejection Criteria

71 Following bids shall be categorically rejected

711 Bids received after tender closing date and time

712 Bids received without EMD (other than those who are exempted from payment of

EMD) as specified in the tender

713 Bidders not agreeing to provide assistance for installation Testing Commissioning amp other such Technical activities of equipment supplied by them

714 Bids received in any form other than through e-Portal

715 If the date of issue of EMD (DDBGSWIFT message) is later than the tender closing

date

72 Following bid rejection criteria may render the bids liable for Rejection

721 Bidderrsquos failure to furnish sufficient or complete details for evaluation of the bids

within the given period ranging in between 2 to 3 weeks depending on deficiencies

noticed in the drawing technical data which shall not however conflicts with validity

period

722 Incomplete misleading ambiguous bids in the considered opinion of TNC

723 Bids with technical requirements and or terms not acceptable to MDL Customers

External agency nominated as applicable

724 Bids without uploading pre-qualification documents where required as per the tender

GM(M)MTI2000007617Passivation Station

Page 11 of 45

725 Bids not meeting the pre-qualification parameters stipulated in the tender enquiry

726 Bidders not agreeing to supply spares post sale product support post work

completion support

727 High seas sales sales in transit

728 Unreasonably longer delivery period quoted by the firm

729 Validity period indicated by bidders is shorter than that specified in the tender

enquiry

7210 Bidders not agreeing to furnish required Security Deposit Required Contract

Performance Guarantee till completion of the supplies services as per contract

7211 Bidders not agreeing to furnish Performance Bank Guarantees for equipment

supplied services rendered or not agreeing for retention of equivalent amount by

MDL up to the period till completion of contractual and guarantee warranty

obligations

7212 Bidder not agreeing to quote as a single point responsibility for whole scope of work

(ie right from design supply of systemequipment till commissioning STW amp

training at MDL site)

7213 Bidders not agreeing warrantyguarantee Clause of tender (clause no 10)

8 Pricing Prices to be quoted on firm and fixed basis during the currency of the order contract

81 For Indigenous Bidders Indigenous Bidder shall quote the prices online of all items services listed in

the online price sheet format of the tender enquiry for delivery of the items in MDL store completion of

the work at MDL site The prices quoted shall remain firm and fixed during the currency of the order

contract unless agreed otherwise by MDL and should be inclusive of all cost towards Packing amp

forwardinginsurancefreight deliveryTransportation and transit insurance

82 For Foreign Bidders Bidder shall quote the prices online on the CIF Mumbai Port of destination

(India) basis only Prices on the basis of FOB factory or ex-works are not acceptable However FOB

cost shall also be quoted The prices quoted shall remain firm and fixed during the currency of the order

contract unless agreed otherwise by MDL To arrive at custom charge the foreign bidder(s) must submit

details viz (i) port of dispatch (ii) containerized dispatch (iii) Number of container (iv) Gross weight

9 Terms of Payment - MDL does not pay any advance Payment for Indigenous amp Overseas bidders

91 For Indigenous Bidders

911 Supply Installation commissioning amp training - Payment for the value of supply and services as reduced by any deductibles andor the amount

leviable towards liquidated damages if any may be payable through NEFTRTGSECS between 15-

20 days of completion of complete scope of work (ie after Supply Installation trials

commissioning and training) and against submission of documents in Triplicate including Delivery

challan(s) receipt inspection amp acceptance report warranty Guarantee certificate Test reports

Certificates if applicable Packing Lists Invoice Storage Preservation Maintenance Procedures

amp other Technical documentation in requisite sets as relevant and work completion certificate duly

certified by an officer from the user department in the rank of CM or above and submission amp

subsequent confirmation of performance bank guarantee for 10 of the total order value excluding

taxes

GM(M)MTI2000007617Passivation Station

Page 12 of 45

912 TReDS

Alternate MSME vendor payment through TReDS

ldquoIn order to address the financial needs of MSME firms GoI has introduced a platform for

facilitating the financing of trade receivables of MSMEs from buyers through multiple

financiers which is termed as Trade Receivables Discounting System (TReDS) At TReDS

auctioning of invoices at competitive amp transparent environment is done by financers based on

Buyerrsquos credit profile

MDL is registered on the Invoicemart TReDS platform and M1xchange of Ms Mynd

Solutions Pvt Ltd

MSME bidders desirous to receive payments through TReDS platform may avail the facility if

they are already registered on

1Invoicemart TReDS platform or by registering on it

Contact details at Invoicemart TReDS platform are as below

022 6235 7373 and a new mail id serviceinvoicemartcom

2 M1xchange

TReDS platform

or by registering on it

Contact details at M1xchange TReDS platform are as below

+91 9920455374 MsAshwathi Jayandran email id ashwathijayandranm1xchangecom

+91 8839915724 Ms Prinyaka Shah email id prinyakashahm1xchangecom

MSE bidders upon successful delivery shall submit their invoices along with the mandated

enclosures at MDL Central Receipt Section MSE vendors desirous to receive payments through Invoicemart TReDS platform or M1xchange TReDS platform shall submit their TReDS

details along with the invoice at MDL Central Receipt Section Upon receipt and acceptance of the

supplied material and receipt of invoices with the mandated enclosures MDL shall process the

invoice for payment on Invoicemart M1xchange TReDS platform Any unfinanced invoices

invoices of MSE bidders seeking payment from MDL directly shall be processed as per the Standard

payment terms agreed in PO contractrdquo

92 For OverseasForeign Bidders

(A)

Payment through LC - Payment against irrevocable letter of credit (LC)

established through our bankers as per format at illustrative Annexure 6 For opening

LC Supplier should essentially furnish their clear amp timely acceptance of the order

For opening LC all charges outside India shall be borne by the beneficiary

(Supplier) Additional loading of prices (A) towards charges incurred in LC opening

by MDL and (B) Interest for period of 20 days base rate of SBI+2 on payment

amount is to be considered while evaluating foreign bidders for ranking purpose In

case supplier seeks LC amendment for no fault of MDL or requires confirmation of

LC then all charges towards LC amendment or confirmation of LC respectively

shall be borne by the Supplier LC will allow Payment on timely presentation of

following documents through bank Opening of LC shall be before one month of

the schedule for dispatch or before such period as may be discussed and mutually

agreed to in the PNC (Price Negotiations) The time limit for opening of LC and or

amendment for LC shall be 7 days or within such no of days as may be stipulated in

purchase orderContract Delay in opening of LC can lead to corresponding delay in

delivery and hence no LD is applicable on such delayed portion

LC will be opened accordingly after receipt of intimation about readiness of

Material items equipments LC shall be valid for 89 days Firm to sendsubmit

documents as listed in Para 921 to 9212 below in originals for custom clearance of

material to MDL directly after shipment

GM(M)MTI2000007617Passivation Station

Page 13 of 45

For Items-

921 Set of Original + 2 Copies of signed Invoice showing item wise prices as per the order

922

Set of Original + 2 Copies of signed Packing List clearly showing list of items

packed Specifying unit as per Indian Custom Tariff

923

Set of Original + 2 Copies Clean on Board Bill of Lading OR Air Way Bill made in

the name of MDLrsquos Bank and Marked as freight paid

924

Set of Original + 2 Copies of Certificate of approval OR Release Note from MDL

nominated Inspection agency or Work completion performance certificate or

Dispatch clearance from MDL

925 Certificate of country of origin in Original + 2 Copies by chamber of commerce

926 Original + 2 Copies of Warranty Certificate in prescribed format

927

Original + 2 Copies of all Manufacturerrsquos Test Certificates (MTCs) Reports

Drawings Manuals Procedures etc as relevant to the ordered item

928

Original + 2 Copies of Performance Bank guaranteeequivalent BG wherever

applicable

929

Certificate Confirming that supplier has couriered dispatched 03 sets of Non

Negotiable Documents comprising of all Test reports MTCs Technical

Documents Drawings Manuals Procedures etc and of Signed Invoices Packing

Lists Bill of LadingAWB MDL nominated Inspection Agencyrsquos Certificate of

approval Country of Origin Certificate Warranty Certificate Performance Bank

Guarantee directly to MDL

9210

Original + 2 Copies of the Certificate issued by the classified society confirming

seaworthiness of the vessel and that the shipment is made on vessels of not more

than 15 years vintage (Applicable in case of CIF contracts orders agreed by MDL)

9211

Certificate issued by MDL confirming that the delivery is made in time and no

penalty is applicable OR in case of delays admissible amount of penalty will be specified by MDL in this certificate for reduction of equal amount from supplierrsquos

invoice (MDL will issue this certificate generally by e-mail or FAX immediately on

receipt of signed copy of invoice packing list approval certificate of the nominated

inspection agency date of the proposed shipment amp copies of BL or AWB or any

other acceptable documents confirming supplierrsquos readiness dispatch)

9212

Certificate confirming that the shipping instructions (inclusive of packing) have

been followed while packing shipment and forwarding of details for insurance to

MDL

Important Notes for Foreign Bidders 1 All the documents should clearly indicate the Purchasers Order number Import

License Number Airway Bill Bill of Lading Number

2 Foreign Bidders must submit the Letter of Credit format duly filled as per Annexure- 6

of the tender

3 To arrive at the custom charges the foreign bidders must submit the following details

along with the Part ndashI Bid -

(a) Port of dispatch to be clearly specified

(b) Containerized dispatch Break bulk

(c) No of required containers with their size amp type (20Feet40 FeetOpenClosed)

(d) Gross weight

(e) Any other specific handling Instructionsconditions of consignment

GM(M)MTI2000007617Passivation Station

Page 14 of 45

10 GuaranteeWarranty Supplier shall warranty the performance of the Passivation station for a

period of 12 months after commissioning or 24 months after receipt of station at MDL

whichever is earlier

During this period all defects arising out of defective material and faulty workmanship will be

rectified by repairing or replacing part or whole material as necessary free of charge on door

delivery basis Any consequential damagedefect or loss of items due to poor

workmanshippoor material qualitynegligence etc attribute to the bidder to be rectifiedreplaced by the bidder free of cost All the necessary spares tools Service engineers

amp Mechanics required for repairs to be arrange by vendor at no extra cost and machine to be

put into operation at the earliest

11 Performance Bank Guarantee (PBG) The Successful bidders will have to submit PBG in the prescribed format from the list of

Banks approved by SBI Canara Bank published on MDL Website for 10 of the Order value

excluding taxes etc valid for 13 months (validity 12 months + 1 month claim period) from the date of supply or offer your consent to MDL for retention of 10 of order value towards

PBG Bidders may advise their bankbanker to send BG directly to commercial department or

through SWIFT to dispense with additional step of verification of authenticity of signatories

In case of BG transmitted through SWIFT it shall be the responsibility of the bidder that he

directs the receiving banker to forward the message duly authenticated to the concerned

commercial officer mentioned in the tender

12 Bidder shall abide by all Standard Terms and Conditions of Supply (STACS) GTampC and

accordingly contract will be governed as per uploaded form at Stage Name Part ndashI (Techno-

Commercial Bid) Deviation if any shall be clearly indicated In case of discrepancy clauses

mentioned in Tender Technical Scope and Rate sheet will override the clauses mentioned in

other annexure including STACS amp GTampC In event we do not receive acceptance forms

dully filled for TEF STACS and GTampC it shall be presumed that all our terms and

conditions of tender are acceptable to you

13 Taxes amp Duties - The item-wise rates quoted in the Rate Sheet should exclude GST and

duties

131 For Indigenous bidders The rate sheet to be enclosed with the tender will indicate

the rates under each tax head viz GST

a Only those bidders who indicate the taxes amp duties separately as above all

shall be entitled for consideration of change in corresponding rates in case

of variation in statutory levies

b Supplierbidder will not be entitled to any increase in rate of taxes

occurring during the period of extended delivery schedule if there is delay

in supply completion attributed to him however if there is a decrease in

taxes the same must be passed on to MDL

c Wherever all-inclusive prices are quoted by the bidders without bifurcation

of tax elements no escalation can be considered in respect of any variation

in statutory levies arising subsequently because of the absence of the

required base figures in the purchase order contract

132 GST as per GST Laws shall be payable extra as quoted and agreed

133 In case of Purchase of goodsservices from unregistered dealers under GST laws

GST will be paid by MDL under reverse charge mechanism

134 Benefits from reduction in rate of taxITC are required to be passed on to

consumer Where ldquoapplicable GSTrdquo has been quoted as extra Goods and service

providers (except un-registered dealers under GST Law) have to submit

declaration that they have complied with lsquoAnti ndashprofiteering clausersquo under GST

Law Such declaration be given in technical bid

GM(M)MTI2000007617Passivation Station

Page 15 of 45

135 Where the quoted price is claimed to be inclusive of taxes (by other than

composite vendor) MDL consider it as net price on which GST is payable In

such cases the GST may be paid by MDL directly to GSTN under reverse

charge mechanism or otherwise for which no input tax credit will be available to

vendor and vendor is deemed to have confirmed that he will not claim ITC for

such items

136 If the vendor is registered under GST vendor shall mention the HSN code for

goodsampor services in their tax invoice etc These codes must be in accordance

with GST Laws and responsibility of specifying correct HSN code for goodsampor

services is that of the vendor MDL shall not be responsible for any error in HSN

code for goodsampor services specified by suppliercontractor Suppliercontractor

shall pay penalty andor interest imposed on MDL or any loss due to delay in

availing ITC by MDL or any loss of ITC to MDL due to error by vendors at any

stage MDL reserve right to recover any such interest penalty or loss from any amount due to supplier contractor or vendor shall reimburse make good such

loss within 15days after intimation by MDL or otherwise

137 In case MDL is unable to avail ITC suppliercontractor at their own cost shall

rectify the shortcoming in the returns to be filed immediately thereafter Further

if the ITC is delayed denied to MDLreversed subsequently as per GST Laws due

to nondelayed receipt of goods andor services andor tax invoice or expiry of

timelines prescribed in GST Laws for availing ITC non-payment of taxes or non-

filling of returns or any other reasons not attributable to MDL supplier

contractor shall pay any loss of amount along with interest and penalty on MDL

under GST Laws for the number of days the ITC was delayed If the shortcoming

is not rectified by suppliercontractor and MDL ends up in reversal of credits

andor payments suppliercontractor is fully liable for making good all the loss

incurred by MDL MDL reserve right to recover any interest penalty or loss from

any amount due to suppliercontractor or otherwise

138 If the vendor is registered under GST the GST registration number (15 digit

GSTIN) issued by GOI shall be mandatorily provided by the vendor Vendor

having multiple business verticals within state at multiple states with separate

GST registration numbers shall forward GSTIN of only that vertical which is

involved in supply of goods andor services MDL GSTIN is

27AAACM8029J1ZA and vendor shall mention the same while invoicing and

avoid any data entry error on GST portal

139 If the vendor is registered under GST vendor shall ensure timely submission of

invoice as per the provisionsrequirementstimeline promulgated by GOI in

relation to GST Laws with all required supporting documents to enable MDL to

avail input tax credit promptly The vendors invoice inter alia should contain

GSTIN of vendor GSTIN of MDL (ie 27AAACM8029J1ZA) GST tax rate

separately HSN code wise goods or services Place of supply signature of vendor

etc Original invoice needs to be submitted to Bill Receipt Centre at MDL gate

and a copy of the invoice should be given to the GRS Stores

1310 If the vendor is registered under GST vendor shall file all applicable returns

under GST Laws in the stipulated time and any losses of tax credit to MDL

arising due to delay in filling will be recovered from their invoice wherever MDL

is eligible to avail tax credit Any default towards payment of tax andor

uploading of monthly returns by supplier contractors MDL retains right to

withhold payments towards tax portion until the same is corrected and complied

by the suppliercontractor with the requirement of GST along with satisfactory

evidence

GM(M)MTI2000007617Passivation Station

Page 16 of 45

1311 The rate sheet enclosed with the tender will indicate the rates to be entered under

each head wherever applicable Bidder must clearly mention the applicable taxes

amp duties The item-wise rates (ie Basic + PampF + FampI) quoted in the rate sheet

should exclude taxes amp duties Bidder should indicate GST rates as applicable

separately under each of the head in the same rate sheet which will be paid extra

based on tax invoice to the extent applicable The GST will be applicable on total

basic rate of each item (ie Basic +PampF +FampI)

1312 If the vendor changes his registration status from composition dealer to normal

registered dealer under GST Law the vendor has to inform MDL immediately

Further his contract price under GST needs to be negotiated since as a normal

dealer he will have benefit of ITC which he should pass on to MDL

1313 Bid Evaluation Clause - I) As per GST Law ITC is not available

a) For goods and services which are not in furtherance of business

b) In some cases for eg rent a car life insurance work contract services for

immovable property as mentioned under section 17 of GST Act 2017 In such cases

evaluation of bid is inclusive of GST quote by bidder

II) In all other cases ie goods and services not covered under sr no I above

evaluation of bid is exclusive of GST quoted by bidder

III) Further in the case of composition dealer since composition dealer is not

allowed to charge GST in such case evaluation of bid will be on the price quoted by

bidder

1314 For Overseas Bidder All taxes applicable outside India shall be borne by overseas

bidder

a In case of foreign bidders all taxes duties statutory levies and charges which

are to be paid for the delivery of goods amp services shall be paid by the parties

under the present contract in their respective countries MDL shall bear and pay

all taxes duties and statutory levies in India in connection with the execution

andor performance of this contract wrt deliverables delivered and service

rendered as per contract excluding income tax applicable on service charges

b Foreign bidder shall submit tax residency certificate (TRC) in Part ndashI offer In

case of remittances to foreign companies for services as per income tax act and

DTAA provisions TDS shall be carried out from the amount payable towards

services As per the extant applicability and existing rates following cases

pertaining to TDS are presented for clarity

i Case 1 (TRC is made available by foreign bidders) Tax deduction at

source (TDS) 15 of total service payment is applicable If this is

not agreed to by the bidder in the bid or during TNCCNC then this

shall be appropriately loaded as per applicable rates on the price for the

purpose of ranking However bidders to note that TDS rates DTAA

rates differ from country to country It varies from10 to 25

ii Case 2 (TRC is not made available by foreign bidders) Tax deduction

at source (TDS) at the rates as mentioned in the table below is

applicable If this is not agreed to by the bidder in the bid or during

TNCCNC then this shall be appropriately loaded as per applicable

rates on the price for the purpose of ranking These rates shall be as

under

GM(M)MTI2000007617Passivation Station

Page 17 of 45

Service Payment slabs (converted in

INR)

Rate of TDS applicable on total

service payment

Up to value of INR 1 Cr 2575

Above 1 Cr Up to 10 Cr 2626

Above INR 10Cr 270375

14 Loading Criteria Deviations sought by the bidder in respect of Custom Duty exemption

Freight Insurance Payment terms shall be loaded on the bidders quoted prices during price

evaluation by MDL Among the equal bids bidders with ISO 9000 series accreditation over

Non-ISO bidders firstly Manufacturers then their authorized dealers will be given preference

The loading criteria that will be adopted are detailed below amp also as per Enclosure-5

141 It is desirable that the bidder accepts the Payment Terms indicated in clause 9

above Varied payment terms quoted by bidders as compared to the terms stated

in the Tender document shall be normalized by applying SBI Prime Lending

Rate (prevailing at the time of opening of Price bid) plus 2 pa rate of interest

for the period at variation (For Indigenous bidder) amp for overseas bidder the bids

will be normalized at LIBOREURIBOR rate plus 2 for ranking of the bids

142 In case of Foreign supplier the basic cost (CIF) shall be the basis for comparison

of quoted price Custom Duty Custom clearance Port handling transport

charges to the yard will be added to CIF cost to arrive at door delivery cost

143 Delivery of the goods at MDL premises should be the responsibility of the

vendor However for unavoidable reasons if bids are exclusive of transport

andor insurance the same will be loaded at the cost to be incurred by MDL

144 For the additional delivery period sought by the bidder over the stipulated date of

delivery as per Tender 050 per completed week will be loaded to the quoted

price

145 Deviations sought in respect of Liquidated Damages (LD) Deviations sought in

respect of rate per week and or maximum ceiling in respect of liquidated

damages shall be loaded to the quoted price For eg The maximum ceiling

towards liquidated damages stipulated in the tender is 5 and the bidder seeks to

limit it to say 35 then the price quoted will be loaded by 15 If the rate of

LD per week is 05 per week or part thereof as per tender and the bidder seeks

it as say 04 per week or part thereof the maximum ceiling on L D as per

tender will first be equated to weeks (10 weeks in this case) and the rate proposed

by the bidder ie 04 will be multiplied by the so equated maximum Period

(which works out to 4) and the quoted price will be loaded accordingly by 1

Delivery being the essence of the contract it is desirable if the bidders adhere to

the stipulated clause

146 Deviations in respect of the period of Warranty shall be loaded to the quoted price

025 per month or part thereof This does not arise if the bidder quotes

additional price for the differential period

147 The ranking of price bids shall be done overall L1 basis excluding GST (ie total

of basic price exclusive of GST quoted by bidder) In these cases the variation in

statutory levies etc are not allowed unless the breakup in respect of taxes duties

GM(M)MTI2000007617Passivation Station

Page 18 of 45

are clearly and separately furnished in bid

148 For opening LC all charges outside India shall be borne by the Beneficiary

(supplier) Additional loading of prices (A) Towards charges incurred in LC opening

by MDL and (B) Interest for period of 20 days base rate of SBI+2 on payment

amount is to be considered while evaluating foreign bidders for ranking purpose

15 Ranking of Bids amp Determination of L-1 Bidders Ranking of price bids shall be done on overall L1 basis with exclusive of GST

If any variations in statutory levies the break up in respect of any charges is clearly

and separately furnished in the bid and the MDL is satisfied that the rates of taxes

indicated therein are in line with the tax law so that escalation due to variation in the

taxes can be justifiably considered to the extent legitimately allowable on the base

amount(s) indicated in the bid Therefore bidder is requested to show the break up

regarding taxes as applicable in the bid

Note 1 In case of overseas supplier the ldquoCIF cost+ Inspectiontesting charges+ Installation

Commissioning charges+ custom duty+ IGST (if ITC is not available) + Custom

Clearance +port handling +transportation charges to the yard if any + LC opening

charges + interest for period of 20 days base rate of SBI +2 on payment amount

ldquoshall be the basis for comparison of quoted price Custom duty IGST Custom clearance Port handling transport charges to the yard will be added to CIF cost to

arrive at door delivery cost

2 If Service Component exists in an offer from a foreign vendor then Tax Residency

certificate (TRC) should be submitted with Part I offer If no TRC is submitted then

the enhanced Income Tax rate and Service Tax thereon will be considered while

determining L-1

3 Techno-Commercially Qualified overall lowest bidder exclusive of GST will be

considered for the placement of order 4 On-line Ranking visible to the bidders after opening part II price bid is without

loading parameters However the L1 bidder will be evaluated offline after

consideration of all applicable loading parameters as mentioned in the tender

document and commercial terms

5 In case of any discrepancy in the Blank Rate Schedule Format and actual Online

Price Bid after opening of the Price Bids the details (GST) mentioned in the On-line

Price bids shall prevail over the details in blank rate schedule format

6 ldquoBasic costrdquo is defined as ldquoDoor delivery cost (excluding GST)rdquo which includes

packing amp forwarding Delivery insurance registration charges and any cost involved

as per scope of work towards material and services basic cost of Installation

commissioning and inspection amp testing

7 ITC can be availed by MDL for the items as notified under GST ACT 2017 ITC

can be availed by MDL for registered bidder and for unregistered bidder under

reverse charge mechanism Since no ITC can be availed in case of bidders registered

under composition scheme their quoted cost will be considered for ranking

comparison purpose

16 Consignee The Successful bidders shall arrange dispatch of goods by appropriate Rail Road

Sea Air transport mode as per the order to lsquoEAST YARD STORESrsquo and further to user dept

on working days (Monday to Friday) between 800 hrs to 1500 hrs (Lunch Time 1130 to 1200

hrs) In case trucktempo reaches our yard beyond above time the same may be retained over

night at your risk amp cost

An advance copy of invoices along with other relevant documents shall be forwarded to the

purchaser sufficiently in advance to enable clearance of cargo within allowed demurrage free

days to avoid demurrage In case of door delivery orders the supplier shall categorically direct

the transporter to deliver the ordered items without insisting for consignee copy of the Lorry

Receipt

GM(M)MTI2000007617Passivation Station

Page 19 of 45

17 Modifications to the Bids Bidder desirous of submitting modified bid prior to the closing

date and time may do so online not later than deadline of submission of bids Please note that

modified bid shall be submitted through e-procurement system only Bidder can change the

submitted bid any number of times till the closing time and the last changed bid will be

considered for ranking of the bids

18 PURCHASE PREFERENCE TO MAKE IN INDIA As per Public Procurement Order Ref No P-4502122017-B E-II Dtd 15062017 issued by Govt

of India to encourage ldquoMake in Indiardquo policy Purchase Preference shall be given to local suppliers

in the following manner

(a) The terminology definitions used in the said order is as below

(i) ldquoLocal contentrdquo means the amount of value added in India be the total value of items procured

excluding net domestic indirect taxes) minus the value of imported content in the item (including

all customs duties) as a proportion of the total value in percent

(ii) ldquoLocal Supplierrdquo means a supplier or service provider whose product or service offered for procurement meets the minimum local content as prescribed under the said Order or by the

competent Ministries Department in pursuance of said order A Local Supplier can be an Indian

or Foreign bidder

(iii) ldquoMargin of Purchase Preferencerdquo means the maximum extent to which the price quoted by

local supplier may be above the L1 for the purpose of purchase preference The margin of

purchase preference for the present tender is 20

(b) Minimum local content

(i) The minimum local content in the offer is to be not less than 50 for the present tender for a

bidder to be considered as a Local Supplier

(ii) The local content can be increased through partnerships cooperation with local companies

establishing production units in India or Joint Ventures (JV) with Indian suppliers increasing the

participation of local employees in services and training themrsquo

(iii) On opening of the price bids if it is identified that there is difference in price receive amp

declaration made and local content is now not meeting the specified tender requirement (ie only

on the quoted price without any loading) then such case will be processed without any purchase

preference

(c) Declaration by Local Supplier Local Supplier should declare that the item and service

offered meets the minimum local content amp indicate its percentage in their offer which shall meet

(or even offer more) required content as specified in tender This declaration is necessary even if

Custom Duty Exemption and or ERV (if applicable) are not being sought Following documents

are to be submitted in technical offer ndash

Part-I bid

(i) Local Component list ie Items and services which are being procured produced domestically

by supplier in the system equipment service offered against tender This list shall include all the

components raw materials sub services etc

(ii) Foreign Imported Component list ie Items and services which are being supplied by bidder

from outside India in the system equipment service offered against tender This list shall include

all the components raw materials sub services etc

(iii) Bidders shall give the details of the location(s) at which the local value addition is made

Additionally location(s) details from where foreign imported components are being supplied be

also informed

(iv) Bidders shall give the price break-up in percentage for ldquoLocal Componentrdquo and ldquoForeign

Imported Componentrdquo

(v) Custom duty applicable on FE component for all foreign items (vi) The Local Suppliers are required to provide self-certification as per Annexure-11

Note In cases of procurement for value in excess of Rs 10 Crores the local supplier shall be required to

provide a certificate from statutory auditor or cost auditor of the company (in case of companies)

or from a practicing cost accountant or practicing charted accountant (in respect of supplier other

GM(M)MTI2000007617Passivation Station

Page 20 of 45

than companies) giving the percentage of local content amp applicable item wise custom duty

Once the declaration certification is committed at tender submission stage the same cannot be

altered at technical negotiation stage or after award of contract otherwise would be treated

considered as false declaration by bidder

In the event of bidders not declaring or declaring less local content percentage in the offer MDL

will consider quote bid of such bidders with local content as ldquo0rdquo or ldquoNILrdquo ie the offers of such

bidders will be treated as a ldquoNon Local Supplierrdquo where no purchase preference shall be granted to these bidders

(d) If the Local Supplier is also a MSE Vendor seeking the benefit of Public Procurement Policy

for MSEs Order 2012 then such bidders should not seek benefits against the Preference to Make

in India policy ndash Order 2017 Such bidders should categorically seek benefits of only one policy

which cannot be modified subsequently once declared in the Annexure-A referred above while

submitting the bid

(e) Custom duty issue Imported FE content is inclusive of all custom duties which is required

for arriving local content Bidders to note the following about declaration of FE Content

(i) All bidders should upfront declare line item wise custom duty duly certified Such declared

custom duty percentage will only be considered for arriving local content

(ii) In the event if the rate of custom duty is found higher than the declared custom duty by bidder

then the bidderrsquos declaration shall be final for arriving L1 bid Also in such case the difference in

custom duty would be to bidders account In case of foreign bidders the same would be to bidders

account and shall not be borne or reimbursed by Shipyard

(iii) In the event of rate of custom duty happens to be lower at the time of clearance of goods then

actual custom duty shall be payable

(iv) Notwithstanding above local content shall be calculated based on the declared custom duty by

the bidder in techno-commercial bid

(f) Preference to Local Supplier The following procedure will be adopted for deciding on

preference to Local Supplier over a non-local supplier wrt Public Procurement (Preference to

Make in India) order 2017

(i) Among all qualified bids the lowest bid will be termed as L1 If L1 is from a local supplier the

contract will be awarded to L1

(ii) If L1 is not from a local supplier the lowest bidder among the local suppliers will be invited

to match the L1 price subject to local supplierrsquos quoted price falling within the margin of purchase

preference and contract shall be awarded to such local supplier subject to matching the L1 price

(iii) In case such lowest eligible local supplier fails to match the L1 price the local supplier with

the next higher bid within the margin of purchase preference shall be invited to match the L1 price

and so on and contract shall be awarded accordingly In case none of the local suppliers within the

margin of purchase preference matches the L1 price then the contract may be awarded to the L1

bidder

(g) Preference between LS and MSE Bidder This clause is applicable only if line items are

separable and MSE preference clause is also applicable Between the MSE and Local

Supplier the MSE bidder will be given preference to match with L1 bidder as per Public Procurement Policy for MSEs Order 2012 MSE vendor will be evaluated with L1+15 MSE

doesnrsquot fall under Public Procurement (Preference to Make in India) Order 2017 Local Supplier

will be evaluated with L1+20 (Margin of Purchase Preference ordinary) as per Public

Procurement (Preference to Make in India) Order 2017

(h) After the contract is awarded and the supplies are completed each supplier shall provide the supporting documentation towards realization of committed Local Content as per the contract

order terms amp conditions

In addition to these documents a ldquoLocal content certificaterdquo also shall be submitted stating the

percentage of local content in the items or services measured The ldquoLocal content certificaterdquo shall

be submitted along with the invoice

Note In cases of procurement for value in excess of Rs 10 Crores the local supplier shall be

required to provide a certificate from statutory auditor or cost auditor of the company (in case of

GM(M)MTI2000007617Passivation Station

Page 21 of 45

companies) or from a practicing cost accountant or practicing charted accountant (in respect of

supplier other than companies) giving the percentage of local content

(i) False declaration will be in breach of Code of Integrity under Rule 175(1)(i)(h) of GFR 2017

for which a bidder or its successor can be debarred for up to 2 years as per Rule 151(iii) of GFR

2017 along with such other actions as may be permissible under law

(j) Complaints Grievance Any complaints grievances relating to implementation of this order

shall be taken up by Public Grievance Cell of MDL headed by GM(F-PampS) Fees for filing a complaint under the order shall be Rs 10000- per case The complaints shall be filed to the

Chairman Public Grievance Cell The fee shall be deposited in MDLrsquos Account by NEFT

19 Public Grievance Cell A Public Grievance Cell headed by ED (East Yard) has been set up in

the Company Members of public having complaints or grievances are advised to contact him

on Wednesday between 1000 hours and 1230 hours in his EY-office MAZAGON DOCK

SHIPBUILDERS LIMITED Dockyard Road Mumbai - 400010 (022 ndash 23763506 23738368)

or send their complaints grievances to him in writing for redressal

20 Supply on MDL Holidays Request for permission for delivery on Saturday Sunday

holidays if required should be submitted 3 working days prior to the date of holiday to

Personnel department and Security through concerned Dept

21 Liquidated Damages Time is an essence of the contract therefore the job as ordered should be

completed on the dates mutually agreed upon in accordance with the delivery schedule In cases

of delay not attributable to Purchaser beyond the agreed schedule the Successful bidder shall pay

liquidated damages a sum representing 05 (Half per cent) per week or part thereof subject to

maximum of 5 of the final Order Contract value Vendor Contractor (Seller) will also be liable

to pay Liquidated Damages for late delivery of Manuals Drawings and Documentation as agreed

to by Purchaser and Vendor Contractor (Seller) and as stated in the Purchase Order The amount

of such damages will be clearly defined in the Purchase Order and may extend up to 5 of the

Order Value excluding taxes Applicability of LD will be considered as below -

1) Delay in manufacturing and supplydelivery of machinematerialitemsequipments at

MDL after dispatch clearance beyond specified schedule will attract LD 05 per week

or part thereof subject to maximum of 5

2) Delay in Installation trial Commissioning amp Training at MDL as per Work

completion date as certified by MDL user dept beyond specified schedule will attract

LD 05 per week or part thereof subject to maximum of 5 as per order

22 Hindrance Register All hindrances with date of occurrences and removal shall be noted in the

Hindrance Register The Hindrance Register shall be signed by the representatives of both MDL

as well as Contractor

23 Security Deposit (SD) The successful bidders shall have to submit Security Deposit for an

amount of 5 of the Order value excluding GST etc electronically through NEFT RTGS or

in the form of Bank Guarantee drawn in favor of MAZAGON DOCK SHIPBUILDERS

LIMITED Mumbai from the list of Banks approved by SBI Canara Bank published on MDL

Website within 25 days from the date of Order amp must be valid up to contract period plus one

month No interest will be paid on Security Deposit Please note that MDL does not extend any

concession such as exemption in payment of Security Deposit etc to any organization

irrespective of their status like registration with MDL NSIC SSI and MSME etc In case of

failure to submit Security Deposit within 25 days from the date of order placement EMD

submitted will be encashed and risk purchase clause would be invoked The Security Deposit

will be returned only after successful execution of the order and shall be interest free In the

event of failure to execute the order satisfactorily the Security Deposit will be encashed by

MDL If order is fully executed within 25 days from the date of purchase order submission of

security deposit is not applicable For delayed period of submission of SD beyond 25 days

from date of order bidder has to pay applicable interest In case the bidder is Indian Public

Sector Unit they shall submit the indemnity bond instead of Security Deposit Bidders may

advise their bankbanker to send BG directly to commercial department or through SWIFT to

dispense with additional step of verification of authenticity of signatories In case of BG

GM(M)MTI2000007617Passivation Station

Page 22 of 45

transmitted through SWIFT it shall be the responsibility of the bidder that he directs the

receiving banker to forward the message For delayed period of submission of SD beyond 25

days from date of order interest will be recovered as mentioned below

For Indian suppliers it will be SBAR plus 2 and EUROBORLIBOR plus 2 for Foreign

bidder Security Deposit will be returned only after successful execution of the order and shall

be interest free In the event of failure to execute the order satisfactorily the Security Deposit

will be encashed by MDL PSUs can submit Indemnity bond in lieu of Security deposit Bidders can submit SD amount

by using payment gateways through MDL website

24 Delivery ScheduleWork Completion Schedule and delivery term (For foreign bidders) The

entire scope of work ie Design manufacture Supply Installation Commissioning STW amp

Training to be completed within 6 months from the date of receipt of PO

1) Supplydelivery of machineItemsEquipmentsspares at MDL = within 20 weeks (CIF delivery) and

2) Time for transportation amp custom clearance time = 2 weeks

3) Installation Trials Training and Commissioning = Within 2 weeks

Delivery Term (1) Supply For Indigenous bidder Door DeliveryFOR MDL GRS Stores

For Overseas Bidder CIF Port of destination (Mumbai)

(2) Installation Commissioning STW Training -

For Overseas Bidders At MDL site

Training to be imparted to Non-executives-04 Nos for 7 days (1 week)

Delivery ScheduleWork Completion Schedule and delivery term (For Indigenous bidders) The entire scope of work ie Design manufacture Supply Installation Commissioning STW amp

Training to be completed within 6 months from the date of receipt of PO

1) Supplydelivery of machineItemsEquipmentsspares at MDL = within 22 weeks (CIF

delivery) and

2) Installation Trials Training and Commissioning = Within 2 weeks

Delivery Term (1) Supply For Indigenous bidder Door DeliveryFOR MDL GRS Stores

For Overseas Bidder CIF Port of destination (Mumbai)

(2) Installation Commissioning STW Training - For Indigenous Bidders At MDL site

Training to be imparted to Non-executives-04 Nos for 7 days (1 week)

25 Assistance for Installation Testing Commissioning Maintenance amp other Technical

activities 1 Services of engineersManpower in connection with assistance of delivery

loadingunloading installation setting-in-work testing tuning commissioning

training to be considered in the scope of supply

2 All machinery equipments Oxygenother fuel gas for cutting fork lift welding Tools

amp Tackles accessories spares Chemicals consumables Special tools Fixtures and

tackles Workshop and fabrication shop Calibration facility Local transportation and

Internal Transportation storage amp preservation materials Ist fill of Oil lubricants

grease amp other resources etc required for Installation commissioning work to be

arranged by contractor Crane facility for unloading the equipment at the site Space water compressed air and electric Power will be provided by MDL

During Guarantee Warranty period the entire maintenance repair job shall be carried out by

experienced service engineers amp technicians The supply of all necessary tools tackles and

instruments required for the preventive and breakdown maintenance of the equipment covered

by this contract shall be in contractorrsquos scope No sub-contracting will be allowed

26 Spares Post sale product support 1 The Bidder shall assure a continuous supply of spare parts for at least 10 years from

GM(M)MTI2000007617Passivation Station

Page 23 of 45

the date of commissioning of the machine at MDL

2 List of Service centers amp Setup details to be provided

3 Standard accessories required for making itemequipmentmachine operational amp

ready to use should be included in the scope of supply

4 All defective parts spares can either be repaired or replaced by new parts Spares

replaced will be either of same make or equivalent as suggested by the OEM after

consultation with MDL However the total responsibility of the quality of spares supplied or parts repaired shall be with the Contractor

3 If any defective partitemequipment required to be taken out to the service center by

the firm for the further repairing the firm shall be asked to submit the necessary

indemnity bondBG as required Taking out defective partitemequipment from MDL

and bringing back repaired part item equipment to MDL is in the firmrsquos scope of

work The firm has to bear all the transportation charges amp transit insurance

27 Inspection - (a) Receipt Inspection by MDL- MDL inspection cell amp User dept shall carry out necessary

inspection of the items on receipt in the MDL Yard on the basis of an appropriate MDL

Inspection system requirement along with the representative of user dept amp the Inspection

documents submitted by suppliers Any objection raised by MDL inspection team against

quality of material or workmanship shall be satisfactorily corrected by the supplier at his

expenses including replacement as may be required within shortest possible time within 30

days Items damaged during transit shall also be rectified or replaced by the supplier within

shortest possible time

(b) Rejection of the material Any portion of the equipment found defectiverejected the

supplier shall collect the same at his cost from the MDL Yard all incidental charges being

born by supplier (inclusive of custom duty if payable) within 30 days from the date of

intimation to the supplier of such rejection The MDL reserves the rights to dispose off the

rejected item at the end of a total period of 90 days in any manner to the best advantage to the

MDLamp recover storage charges amp any consequential damages from sale proceeds of such

disposal

(c) Final work completion certificate in respect of completion of entire scope of work will be

certified by MDL user dept

28 Purchase Preference for MSE - NA

29 Risk Purchase amp Cancellation of Order (a) If the equipment article service or any portion thereof be not delivered performed by

the scheduled delivery date period any stoppage or discontinuation of ordered supply

awarded contract without written consent by Purchaser or not meeting the required quality

standards the Purchaser shall be at liberty without prejudice to the right of the Purchaser

to recover Liquidated Damages penalty as provided for in these conditions or to any

other remedy for breach of contract to terminate the contract either wholly or to the extent

of such default Amounts advanced or part thereof corresponding to the undelivered

supply shall be recoverable from the Contractor Bidder at the prevailing bank rate of interest

(b) The Purchaser shall also be at liberty to purchase manufacture or supply from stock as it

deems fit other articles of the same or similar description to make good such default and

or in the event of the contract being terminated the balance of the articles of the

remaining to be delivered there under Any excess over the purchase price cost of

manufacture or value of any articles supplied from the stock as the case may be over the

contract price shall be recoverable from the Bidder Vendor Contractor

(c) The Purchaser reserves the right to cancel an order forthwith without any financial

implications on either side if on completion of 50 of the scheduled deliveryCompletion

period the progress of manufactureSupply is not to the satisfaction of Purchaser and

failure on the part of the BidderVendorContractor to comply with the delivery schedule

is inevitable In such an event the BidderVendorContractor shall repay all the advances

GM(M)MTI2000007617Passivation Station

Page 24 of 45

together with interest at prevailing bank rates from the date of receipt of such advances till

date of repayment The title of any property delivered to Purchaser will be reverted to the

BidderVendorContractor at his cost

(d) In case of breach non-compliance of any of the agreed terms amp conditions of order

contract MDL reserves the right to recover consequential damages from the vendor

contractor on account of such premature termination of contract

(e) In case of delay beyond agreed period for liquidated damages or 10weeks from

contractual delivery period whichever is earlier MDL reserves the right to cancel the

order and procure the order items services from any available source at MDLrsquos option amp

discretion and entirely at your risk and cost Extra expenditure incurred by MDL in doing

will be recoverable from Bidder Supplier Contractor

30 Freak Low Quotes In case after opening of price bid of technically cleared firms it is noted that L-1 firm has quoted very low rates and indicates to withdraw from the tender then EMD shall be

forfeited and firm may be given tender holiday including intimation to other PSUs If the rates

quoted are less than MDL estimates by 40 or so and if the difference in rate between L1 and L2

is 30 or more than the firm will have to give additional BG of 20 of the PO value excluding

GST as additional security Bank charges for this additional BG shall be borne by MDL and

reimbursed against proof of payment

31 Indemnity - The Bidder Vendor Contractor his employees licencees agents or Sub-Vendor

Sub-contractor while on site of the Purchaser for the purpose of this contract indemnifies the

Purchaser against direct damage and or injury to the property and or the person of the Purchaser or

that of Purchasers employees agents Sub- Contractors Suppliers occurring and to the extent

caused by the negligence of the Bidder Vendor Contractor his employees licencees agents or

Sub-contractor by making good such damages to the property or compensating personal injury

and the total liability for such damages or injury shall be as mutually discussed and agreed to

You shall hold harmless and keep MDL indemnified against all claims arising as a result of

infringement of any patent rights on account of manufacture sale or use of article covered by

the order

32 MDL reserves the right to consider placement of Order Contract in part or in full against the

tendered quantity or item MDL reserves the right to place order on FOB or CIF basis

33 MDL shall not be bound by any printed conditions or provisions in the sellers bid forms or

acknowledgement of contract invoices packing list and any other documents which purport to

impose any conditions at variance with the tender terms final negotiated amp accepted terms

34 Bidders can participate in online bidding

a) By registering with above referred portal for User ID and password

b) By obtaining class III DSC (Digital Signature Certificate) for secured bidding

35 In case of improper on-line filling of Acceptance Formats for Tender Enquiry Form General

Terms amp Conditions (GTampC) and Standard Terms amp Conditions (STACS) it shall be

presumed that all our tender terms amp conditions are acceptable to you

36 In case of any clarifications bidders are requested to contact the undersigned before the closing

date of the tender Bidders can also contact toll-free customer help line of e-procurement portal

httpseprocuremdlnicin ASP on email id eproc-supportgovin Ph no 0120-4200462 0120-

4001002

Bidders intending to witness the Tender opening shall log on to httpseprocuremdlnicin

using digital signatures for witnessing the opening

GM(M)MTI2000007617Passivation Station

Page 25 of 45

37 We look forward to your participation in on-line bidding by offering your most competitive

and reasonable bid against this tender

Yours faithfully

For MAZAGON DOCK LIMITED

M Tanweer Iqbal

CM(C-MP)

Enclosure - 1 Instructions to the Bidders

Enclosure - 2 Illustrative format amp guideline for quoting prices in online Price Bid

Enclosure - 3 Standard Terms amp Conditions (STACS)

Enclosure - 4 General Terms amp Conditions (GTampC)

Enclosure - 5 Loading Factors

Enclosure - 6 Format of Letter of Credit

Enclosure 7 Bank Guarantee Format for EMD

Enclosure 8 Bank Guarantee Format for SD

Enclosure 9 Bank Guarantee Format for PBG

Enclosure - 10 MDL bank details for NEFTRTGS EMDSD transfer

Enclosure 11 Shipping Instruction for Sea amp Air Consignments

Note These Enclosuredocuments to be down loaded from our Website under below linkpath-

wwwmazagondockgovin gt Tenders gt Shipbuilding gt ldquoEnclosures Related to Tender Documents from Material

Purchase Deptrdquo

GM(M)MTI2000007617Passivation Station

Page 26 of 45

Enclosure ndash 1

Instructions to the Bidders for uploading the Techno-Commercial Bid and the Price Bid through E-

Procurement Portal

bullbullbullbull Official service provider for the website is NIC

E-mail eproc-supportgovin Office Ph No 0120-4200462 0120-4001002 Ph No +91-8826246593

bullbullbullbull Pre-requisites for up-loading the Techno-Commercial Bid

(i) Compatible computer hardware software set-up to access e-procure website

(ii) ldquoDigital Signature Certificaterdquo class III B (DSC) is a must for downloading the tender and uploading

the techno commercial offer from our website httpseprocuremdlnicin

(iii) ldquoDigital Signature Certificaterdquo class III B (DSC) can be obtained from our service provider

bullbullbullbull To ensure availability of above prerequisite is bidders responsibility

(i) It is mandatory to upload the complete techno-commercial offer and the price bid on e-

procurement

(ii) No part of the bid other than original EMD (if applicable) shall be accepted physically hard copy

outside e-procurement

(iii) Price bids shall strictly be uploaded in appropriate allotted place in the tender available in e-

procurement so that it remains secured encrypted unreadable in the system

(iv) In no circumstances the price bids shall be forwarded or uploaded in any other form

(v) Entire responsibility of the uploading of the complete techno-commercial bid along with the price

bid shall be that of the bidder

(vi) No request complaint shall be entertained after the due datetime of the tender

(vii) Non availability of any of the prerequisites or last minute calls seeking clarifications projecting

problems shall not entitle a bidder to seek request for extension of due date

(viii) Any problem with regard to uploading of the tender shall be intimated to NIC at least 24 hours in

advance to the tender closing time amp date However it will not be considered as reason for extension

of due date of the tender

(ix) Request for extension if at all to be made shall be forwarded at least 3 working days in advance to

the tender closing date time with proper reasoning The request shall be put up to the competent

authority for consideration on the merit of the case MDL reserves all rights in this regard amp decision

of MDL shall be binding to the applicant

It is important to note that the bidders can upload their bids right from the time the tender is available

at website It is advisable that the bidder uploads the bid well in time rather than wait till last minute

to avoid situations wherein he is unable to successfully upload the bid for various reasons which

cannot be addressed then due to lack of time

bullbullbullbull Special instructions to Bidders for online bidding

GM(M)MTI2000007617Passivation Station

Page 27 of 45

(i) Bidders should login well in advance to enable them to complete their bid submission before the

closing time of the tender

(ii) Bidders should submit their bid well in advance to avoid last minute frantic calls

(iii) Bidders should follow all the instructions enlisted on the front page of e-procure web page

(iv) Bidders should ensure Hardware amp Software compatibility as well as Digital Signature available on

front page of e-procure web site Request for extension of due date shall not be entertained due to

non-availability of these tools

bullbullbullbull Bidders to participate in on-line bidding

(i) By registering with above referred portal for User ID and password

(ii) By obtaining class III DSC (Digital Signature Certificate) for secured bidding

NOTE In case any vendor intending to respond against the tender and is not having the DSC to facilitate

uploading of his bid should approach the Service Provider at least 10 working days in advance of the tender

closing date requesting DSC The request so made to the Service Provider should simultaneously be

forwarded to MDL Dealing Officer In case the DSC is not received within 3 to 4 working days the GM (M)

be informed and the DSC if not received from the Service Provider three working days in advance for

suitable extension to tender closing date then only the tender due date shall be considered

GM(M)MTI2000007617Passivation Station

Page 28 of 45

Annexure-2

Illustrative format amp guideline for quoting prices in online Price Bid

Below format of price bid will appear online Indigenous bidders to follow instructions given in each respective

cell while quoting their cost in online price bid -

Item Sr no 1

Material Description As per clause No 1

Quantity As per clause No 1

Set Set

Currency INR USD EURO

For Indian Bidder Basic Unit Rate in INR only

For Foreign Bidder CIF Rate to be entered by the foreign

currency

To be quoted

of CGST+SGST or IGST on Basic rate To be quoted

Installation Commissioning Charges per Unit To be quoted

of CGST+SGST or IGST on Installation Commissioning

Charges To be quoted

Inspection Testing Charges per Unit To be quoted

of CGST+SGST or IGST on Inspection Testing Charges To be quoted

GM(M)MTI2000007617Passivation Station

Page 29 of 45

Enclosure-3

STANDARD TERMS AND CONDITIONS (STACS) 101 The word Purchaser refers to MAZAGON DOCK SHIPBUILDERS LIMITED (MDL) a Company

registered under the Indian Companies Act 1913 and it includes its successors or assignees

102 The word BidderVendorContractor means the person firm Company who undertakes to

manufacture and or supply and or undertake work of any nature assigned by the Purchaser from time to time

and includes its successors or assignees

103 The word Owner means the person or authority with whom MAZAGON DOCK SHIPBUILDERS

LIMITED (Purchaser) has contracted to carry out work in relation to which orders are placed by the

Purchaser on the BidderVendorContractor under this contract for supply or manufacture of certain items

and would include Department of Defence Production Ministry of Defence Government of India the Indian

Navy the Coast Guard and any other specified authority

120 GENERAL 121 Unless otherwise indicated specifically by the bidder contractor in his bid it shall be construed as his

acceptance of all the conditions mentioned in this STACS

200 COMMUNICATION amp LANGUAGE FOR DOCUMENTATION 201 Any letter facsimile message e-mail intimation or notice sent to the BidderVendorContractor at the

last known address mentioned in the offer order shall be deemed to be valid communication for the purpose

of the ordercontract Unless stated otherwise by the purchaser Language for communication amp all

documentation shall be same which the Purchaser has used in the tender enquiry

210 PURCHASERrsquoS PROPERTY 211 All property (such as materials drawings documents etc) issued by the Purchaser or any other

individual or firm on behalf of the Purchaser in connection with the contract shall remain confidential being

the property of the Purchaser and the BidderVendorContractor shall undertake to return all such property so

issued and will be responsible for any or all loss thereof and damage thereto resulting from whatever causes

and shall reimburse the Purchaser the full amount of loss and damage

212 On completion of work in any compartment location of the purchaserrsquos premises the

BidderSupplierContractor must ensure that the place is left in a reasonably clean state and all scrap is

transferred to nearby scrap-bins

220 RISK PURCHASE 221 If the equipment article service or any portion thereof be not delivered performed by the scheduled

delivery date period any stoppage or discontinuation of ordered supply awarded contract without written

consent by Purchaser or not meeting the required quality standards the Purchaser shall be at liberty without

prejudice to the right of the Purchaser to recover Liquidated Damages penalty as provided for in these

conditions or to any other remedy for breach of contract to terminate the contract either wholly or to the

extent of such default Amounts advanced or part thereof corresponding to the undelivered supply shall be

recoverable from the Contractor Bidder at the prevailing bank rate of interest

222 The Purchaser shall also be at liberty to purchase manufacture or supply from stock as it deems fit

other articles of the same or similar description to make good such default and or in the event of the contract

being terminated the balance of the articles of the remaining to be delivered there under Any excess over the

purchase price cost of manufacture or value of any articles supplied from the stock as the case may be over

the contract price shall be recoverable from the Bidder Vendor Contractor

230 RECOVERY ADJUSTMENT PROVISIONS 231 Payment made under one order shall not be assigned or adjusted to any other order except to the extent

agreed upon in writing by the Purchaser During the currency of the contract if any sum of money is payable

by the Bidder Vendor Contractor the same shall be deducted from any sum then due or thereafter may

become due to the Bidder Vendor Contractor under the contract or any other contract with the Purchaser

240 ADDITIONAL BANK GUARANTEE In case after opening of price bid of technically cleared firms it is noted that L-1 firm has quoted very low

rates and indicates to withdraw from the tender then EMD shall be forfeited and firm may be given tender

holiday including intimation to other PSUs If the rates quoted are less than MDL estimates by 40 or so and

if the difference in rate between L1 and L2 is 30 or more then the firm will have to give additional BG of

20 of the PO value as additional security Bank charges for this additional BG shall be borne by MDL and

reimbursed against proof of payment

250 INDEMNIFICATION 251 The Bidder Vendor Contractor his employees licencees agents or Sub-Vendor Sub-contractor

while on site of the Purchaser for the purpose of this contract indemnifies the Purchaser against direct

GM(M)MTI2000007617Passivation Station

Page 30 of 45

damage and or injury to the property and or the person of the Purchaser or that of Purchasers employees

agents Sub- Contractors Suppliers occurring and to the extent caused by the negligence of the Bidder

Vendor Contractor his employees licencees agents or Sub-contractor by making good such damages to the

property or compensating personal injury and the total liability for such damages or injury shall be as

mutually discussed and agreed to

260 TRANSFER OF VENDORS CONTRACTORrsquoS RIGHTS 261 The Bidder Vendor Contractor shall not either wholly or partly sell transfer assign or otherwise

dispose of the rights liabilities and obligations under the contract between him and the Purchaser without

prior consent of the Purchaser in writing

270 SUBCONTRACT amp RIGHT OF PURCHASER 271 The Bidder Vendor Contractor under no circumstances undertake or subcontract any work contract

from or to any other Sub-contractor without prior written approval of the Competent Authority of Purchaser

In the event it is found that such practice has been indulged in the contract is liable to be terminated without

notice and the Bidder Vendor Contractor is debarred all from future tender enquiries work orders

However in no circumstances a contractor is permitted to subcontract any part of the contract to the bidders

who had quoted for the concerned tender

280 PATENT RIGHTS 281 The Bidder Vendor Contractor shall hold harmless and keep the Purchaser indemnified against all

claims arising as a result of infringement of any patent copy rights on account of manufacture sale or use of

articles covered by the order

290 AGENTS AGENCY COMMISSION

291 The seller confirms and declares to the buyer that the seller is the original manufacturer or authorized

distributorstockiest of original manufacturer of the stores referred to in this contract and has not engaged any

individual or firm whether Indian or foreign whatsoever to intercede facilitate or in any way to

recommended to the Buyer or any of its functionaries whether officially or unofficially to the award of the

Contract Purchase order to the Seller nor has any amount been paid promised or intended to be paid to any

such individual or firm in respect of any such intercession facilitation or recommendation The Seller agrees

that if it is established at any time to the satisfaction of the Buyer that the present declaration is in any way

incorrect or if at a later stage it is discovered by the Buyer that the Seller has engaged any such

individualfirm and paid or intended to pay any amount gift reward fees commission or consideration to

such person party firm or institution whether before or after the signing of this Contract Purchase order

the Seller

will be liable to refund that amount to the Buyer

Tender no GM (M)GRA2000007246 Page 16 of 26

The seller will also be debarred from participation in any RFQTender for new projectsprogram with Buyer

for a minimum period of five years

The buyer will also have a right to consider cancellation of the Contract either wholly or in part without any

entitlement or compensation to the Seller who shall in such event be liable to refund all payments made by

the buyer in terms of the Contract along with interest at the rate of 2 per annum above LIBOR (London

Inter Bank Offer Rate) (for foreign vendors) and base rate of SBI plus 2 (for Indian Vendors)

The Buyer will also have the right to recover any such amount from any contracts concluded earlier with

Buyer

300 USE OF UNDUE INFLUENCE CORRUPT PRACTICES

301 The Bidder Supplier Contractor undertakes that he has not given offered or promised to give directly

or indirectly any gift consideration reward commission fees brokerage or inducement to any person in

service of the Purchaser or otherwise in procuring the contract or forbearing to do or for having done or

forborne to do any act in relation to the obtaining or execution of the Contract with the Purchaser for showing

or forbearing to show favour or disfavour to any person in relation to the Contract or any other Contract with

the Purchaser Any breach of the aforesaid undertaking by the Bidder Supplier Contractor or any one

employed by him or acting on his behalf (whether with or without the knowledge of the Bidder Supplier

Contractor) or the commission of any offence by the Bidder Supplier Contractor or any one employed by

him or acting on his behalf as defined in Chapter IX of the Indian Penal Code 1980 or the Prevention of

Corruption Act 1947 or any other Act enacted or the prevention of corruption shall entitle the Purchaser to

cancel the contract and all or any other contracts with the Bidder Contractor Supplier and recover from the

Bidder Supplier Contractor the amount of any loss arising from such cancellation Decision of the

Purchaser or his nominee to the effect that a breach of the undertaking has been committed shall be final and

binding on the Bidder Supplier Contractor

302 The Bidder Supplier Contractor shall not offer or agree to give any person in the employment of

GM(M)MTI2000007617Passivation Station

Page 31 of 45

Purchaser any gift or consideration of any kind as Inducement or reward for doing or forbearing to do or

for having done or forborne to do any act in relation to the obtaining or execution of the contracts Any

breach of the aforesaid condition by the Bidder Supplier Contractor or any one employed by them or

acting on their behalf (whether with or without the knowledge of the Bidder Supplier Contractor) or the

commission of any offence by the Bidder Supplier Contractor or by any one employed by them or acting

on their behalf which shall be punishable under the Indian Penal Code 1980 andor the Prevention of

Corruption by Public Servants shall entitle Purchaser to cancel the contracts and all or any other contracts

and then to recover from the Bidder Supplier Contractor the amounts of any loss arising from such

contracts cancellation including but not limited to imposition of penal damages forfeiture of Security

Deposit encashment of the Bank Guarantee and refund of the amounts paid by the Purchaser

303 In case it is found to the satisfaction of the Purchaser that the Bidder Supplier Contractor has

engaged an Agent or paid commission or influenced any person to obtain the contract as described in clauses

relating to Agents Agency Commission and use of undue Influence the Bidder Supplier Contractor on a

specific request of the Purchaser shall provide necessary information inspection of the relevant financial

document information

310 IMMUNITY OF GOVERNMENT OF INDIA CLAUSE 311 It is expressly understood and agreed by and between Ms (Bidder Supplier Contractor) and

MAZAGON DOCK SHIPBUILDERS LIMITED Dockyard Road Mumbai - 400 010 (MDL) is entering

into this Agreement solely on its own behalf and not on the behalf of any person or entity In particular it is

expressly understood and agreed that the Government of India is not a party to this Agreement and has no

liabilities obligations or rights hereunder It is expressly understood and agreed that MDL is an independent

legal entity with power and authority to enter into contracts solely in its own behalf under the applicable of

Laws of India and general principles of Contract Law The (Bidder Supplier Contractor) expressly agrees

acknowledges and understands that MDL is not an agent representative or delegate of the Government of

India It is further understood and agreed that the Government of India is not and shall not be liable for any

acts omissions and commissions breaches or other wrongs arising out of the contract Accordingly (Bidder

Supplier Contractor) hereby expressly waives releases and foregoes any and all actions or claims including

cross claims impleader claims or counter claims against the Government of India arising out of this contract

and covenants not to sue Government of India in any manner claim cause of action or thing whatsoever

arising of or under this Agreement

320 EXPORT LICENCE 321 The export licenses that may be required for delivery of the various itemsequipment to MDL shall be

arranged by the Bidder Supplier Contractor from the concerned authorities in their country without any

time amp cost implications on the Purchaser

330 BANNED OR DE-LISTED CONTRACTORS VENDORS 331 The Bidder Vendor Contractor declares that they being Proprietors Directors Partners have not

been any time individually or collectively blacklisted or banned or de-listed by any Government or quasi

Government agencies or PSUs If a bidderrsquos entities as stated above have been blacklisted or banned or delisted

by any Government or quasi Government agencies or PSUs this fact must be clearly stated and it may

not necessarily be a cause for disqualifying him

340 DUTY OF PERSONNEL OF SUPPLIERVENDOR 341 MDL being a Defence Organization Bidder Vendor Contractor undertakes that their personnel

deployed in connection with the entrusted work will not indulge in any activities other than the duties

assigned to them

350 DISPUTE RESOLUTION MECHANISM AND ARBITRATION

351 DISPUTE RESOLUTION MECHANISM (DRM) i) Any disputedifferences between the parties arising out of and in connection with the contract shall be

settled amicably by mutual negotiations

ii) In case of non-settlement by (i) above if at any time before during or after the contract period any

unsettled claim dispute or difference arose between the parties upon or in relation to or in connection with

or in any way touching or concerning this tenderagreementordercontract the same shall be referred to the

concerned Functional Director

The Functional Director shall then nominate an Executive of the rank of General Manager whom he thinks fit

and competent or a Committee of Executives whowhich shall then scrutinise the claimsdisputes that have

been referred to the concerned functional Director and make efforts for amicable settlements by mutual

discussionsnegotiations

iii) In case no amicable settlement is arrived by (ii) above within a period of three months then the contractor

shall approach Public Grievance Cell and address the disputes as per the provisions made under the relevant

GM(M)MTI2000007617Passivation Station

Page 32 of 45

clause of the contract

iv) In case the issuesdisputes do not get settled within a period of six months from the date of

submission of the dispute to the Grievance Cell then the contractor may invoke Arbitration Clause of the

contract

352 ARBITRATION Unresolved disputesdifferences if any shall then be settled by arbitration The

Arbitration proceedings shall be conducted at Mumbai India in English Language under the Arbitration amp

Conciliation Act 1996

MDL prefers to have arbitration through Institutes such as Indian Council of Arbitration (ICA)ICA-DR with

the mutual consent of the parties

353 In case of unresolved differencedispute between the Purchaser and Supplier being Central Public

Sector EnterprisesCentral Govt departments the disputes shall be resolved firstly through mutual discussion

or through the empowered agencies of the Govt or through arbitration by reference by either party to the

department of Public Enterprises as per extant guidelines If disputesdifferences remain

unresolvedunexecuted the same shall be referred first to the Cabinet Secretariat and then if necessary to the

PMO

354 Any changes to arbitration clause must be vetted by HOD (Legal) before incorporation in

contractPO

360 JURISDICTION OF COURTS 361 All contracts shall be deemed to have been wholly made in Mumbai and all claims there under are

payable in Mumbai City and it is the distinct condition of the order that no suit or action for the purpose of

enforcing any claim in respect of the order shall be instituted in any Court other than that situated in Mumbai

City Maharashtra State India ie courts in Mumbai shall alone have jurisdiction to decide upon any dispute

arising out of or in respect of the contract

-----------------------

GM(M)MTI2000007617Passivation Station

Page 33 of 45

Enclosure-4

GENERAL TERMS amp CONDITIONS (GTampC)

A10 Blank

A20 SECURITY DEPOSIT A21 The successful bidder shall submit a Security Deposit 5 of the contract order value (excluding

taxes duties freight service component) of the Order in the form of Demand Draft Bank Guarantee in the

prescribed format in favour of Purchaser within 25 days from date of Contract The Security Deposit will be

returned only after the successful execution of the order contract Refund of Security Deposit whenever

considered admissible by the Purchaser shall be without interest only

A30 FORFEITURE OF EMD BID BOND A31 In cases of withdrawal of bid during validity period or during any extension granted thereof non

acceptance of agreed conditions of Technical and or Commercial and or Price Negotiations non-submission

of the security deposit and or non-acceptance of the order the EMD or bid security will be forfeited or

encashed as the case may be

A40 FORFEITURE OF SECURITY DEPOSIT A41 Non-performance of agreed terms and or defaultbreach by BidderVendorContractor will result in

forfeiture of security deposit with application of risk purchase provisions as felt appropriate by the Purchaser

A50 FORFEITURE OF PERFORMANCE GUARANTEE A51 In the event of BidderVendorContractor failure to attend the Guarantee defects within a reasonable

period of time the Performance Bank Guarantee will be encashed by the Purchaser The Purchaserrsquos decision

shall be final and binding on BidderVendorContractor

A60 SUPPLIES A61 The equipment products items Services to be supplied shall be strictly in accordance with the

Drawings Specifications Requirements indicated in the Tender Enquiry Order with deviations if any as

mutually accepted

A70 PROGRESS REPORTING amp MONITORING A71 Where so stipulated in the order the Bidder Supplier Contractor shall render such reports from time

to time as regards the progress of the contract and in such a form as may be called for by the Purchaser

A80 CANCELLATION OF ORDER A81The Purchaser reserves the right to cancel an order forthwith without any financial implications on either

side if on completion of 50 of the scheduled deliveryCompletion period the progress of

manufactureSupply is not to the satisfaction of Purchaser and failure on the part of the

BidderVendorContractor to comply with the delivery schedule is inevitable In such an event the

BidderVendorContractor shall repay all the advances together with interest at prevailing bank rates from the

date of receipt of such advances till date of repayment The title of any property delivered to Purchaser will

be reverted to the BidderVendorContractor at his cost

A82 In case of breach non-compliance of any of the agreed terms amp conditions of order contract MDL

reserves the right to recover consequential damages from the vendor contractor on account of such

premature termination of contract

A83 In case of delay beyond agreed period for liquidated damages or 10weeks from contractual delivery

period whichever is earlier MDL reserves the right to cancel the order and procure the order items services

from any available source at MDLrsquos option amp discretion and entirely at your risk and cost Extra expenditure

incurred by MDL in doing will be recoverable from Bidder Supplier Contractor

A90 PRESERVATION AND MAINTENANCE

A91 Should any material require any preservation till its final installationfitment the detailed procedure

(Long term amp short term) for the same as also the time of interval after which the state of preservation needs

to be reviewed is to be stated by the BidderVendorContractor

A92 Further the de-preservation prior to the materialequipment being commissioned and the maintenance

procedure together with its periodicity is also to be indicated by the Bidder Vendor Contractor

A93 The Bidder Vendor Contractor in their offer must confirm that indigenous oil lubricants and

preservatives etc can be used in the equipment The bidder must also give assurance that the equipment

performance will not be downgraded by use of indigenous equivalents

A100 FREIGHT amp INSURANCE

A101 For Indigenous Bidders In cases where the offers are for Door Delivery to Purchaser transit freight

amp Insurance charges shall be borne by the Bidder Supplier Contractor In other agreed cases of Ex-works

Ex-Transporters warehouse or Railway godown offers the Bidder Supplier Contractor on dispatch shall

give details of materials with dispatch particulars and their value in time to Purchasers Insurance Company

GM(M)MTI2000007617Passivation Station

Page 34 of 45

on the contact details as provided in the order In such agreed cases the freight amp insurance charges will be

paid by the purchaser directly to the parties concerned

A102 For Foreign Bidders For overseas supplies on CIF port of dispatch basis Transit Insurance shall be

arranged by the Purchaser The Bidder Supplier Contractor shall immediately on despatch of the

items inform all relevant details of despatch such as Order number Bill of LadingAWB number

marked as Freight Paid Insurance policydocument number of packages value of consignment

invoice number in time directly to Purchasers Insurance company amp Purchaser on the contact details

as provided in the order In case of delivery term other than CIFCIP the freight amp insurance charges

will be paid by the purchaser directly to the parties concerned

A110 TAXES amp DUTIES STATUTORY LEVIES A111 Taxes and duties applicable if any shall be regularized by MDL by issuing necessary exemption

certificates in respect of procurement for Defence Projects Bidder shall indicate separately the GST and

duties applicable in their offer When the items qualify for exemption partlyfully but the supplier did not

avail of the same the amount of taxes and duties on such supplies shall be to supplierrsquos account In cases

where exemption certificates are not issued for any reason taxes shall be paid as indicated in the Purchase

OrderContract Tax deduction at source will be effected wherever applicable (eg TDS under Income tax

Act TDS on Works Contract under GST Act etc) from the bills of the Supplier as per statutes Similarly

where payment of Custom duty is agreed to and stipulated in the Purchase Order Contract the same will be

paid by the Purchaser on receipt of supplierrsquos bills along with Custom Certified Duty Paid Challan-Money

Receipt in original or carbon copy as relevant These Challans Receipts Bill of Entry are to be drawn issued

in the name of lsquoMAZAGON DOCK SHIPBUILDERS LIMITEDrsquo only Where payment of GST is agreed to

and stipulated in the Purchase Order Contract the same will be paid by the Purchaser on the basis of

Suppliers TAX INVOICE wherein the GST Number along with HSN SAC code is indicated in the Invoice

A120 DEMURRAGE A121 Storage and Demurrage charges will be payable by the Bidder Vendor Contractor for all shipments

that reach purchaser without proper dispatch documentations Lorry Receipts not accompanied by packing

lists invoices etc The Supplier shall be responsible for fines due to errors or omissions in description weight

or measurements and for increased handling charges due to improper packing

A130 INSPECTION TESTING A131The ordered items will be inspected either by Classification Society Nominated Agency and or by

Inspection Officer nominated by Purchaser at stages defined in the tender Purchase Order or as agreed to be

defined subsequently in terms of the Purchase Order

A132 The decision of the Inspecting Authority or their representatives as the case may be on any question

of the intent meaning and the scope of Specifications Standards shall be final conclusive and binding on

the Bidder Vendor Contractor

A133 The Bidder Vendor Contractor shall accord all facilities to Purchasers Inspectors Nominated

Agency to carry out Inspection Testing during course of manufacture final testing

A140 RECEIPT INSPECTION BY MDL A141 MDL shall carry out necessary inspection of the items on receipt on the basis of an appropriate quality

assurance system and inspection system requirements along with representative of the Owner Any objection

raised by MDL Quality Control Team against quality of materials or workmanship shall be satisfactorily

corrected by the Contractor at his expense including replacement as may be required within shortest possible

time within 30 days Items damaged during transit shall also be rectified replaced by the Contractor within

shortest possible time payment for which shall be made at mutually agreed rates

A150 REJECTION OF MATERIALS A151 Should the articles or any portion thereof of the equipment be found defective rejected the Bidder

Vendor Contractor shall collect the same from the Purchasers Stores all incidental charges being borne by

him (inclusive of Custom duty if payable) within 30 days from the date of intimation to the Bidder Vendor

Contractor of such rejection The Purchaser reserves the right to dispose off the rejected items at the end of

a total period of 90 days in any manner to the best advantage to the Purchaser and recover storage charges

and any consequential damages from sale proceeds of such disposal

A160 TECHNOLOGICAL DEVELOPMENTS MODIFICATIONS

A161 The Bidder Supplier Contractor shall unconditionally and free of cost to the Purchaser transfer

information on technological developments innovations modifications which the BidderSupplier

Contractor would evolve in future (within 3 years) in relation to the supplied equipment To enable this the

Purchasers address shall be added to the Bidder Supplier Contractorrsquos mailing list or database or any other

document maintained for dissemination of product information and the Purchaser shall be informed of the

GM(M)MTI2000007617Passivation Station

Page 35 of 45

action taken in this regard If such improvements modifications are brought in by the Bidder Supplier

Contractorrsquos Design Department in the course of manufacture of equipment ordered by the Purchaser the

Bidder Supplier Contractor shall incorporate such improved versions in the equipment without any extra

cost to the Purchaser under Purchaserrsquos prior consent

A162 If the Purchaser be desirous of getting incorporated all post supply modifications improvements

arising out of technological developments to the original equipment supplied by the Bidder Supplier

Contractor the Bidder Supplier Contractor shall quote for and carry out all such modifications to the

equipment

A163 Where the whole or a portion of the equipment has been specifically developed by the Bidder

Supplier Contractor for the Owner and the latter would through the Purchaser be bearing the entire or part

of the development cost incurred by the Bidder Supplier Contractor the design rights for the whole or

portion thereof of the equipment as appropriate shall vest in the Owners

A164 Prior approval of the Owner should be obtained before similar articles are sold supplied to any other

party other than the Owner If such approval is given and sale is effected the Bidder Supplier Contractor

shall pay to the Owner royalty at the rate mutually agreed to

A165 The Sub-contractor Supplier Supplier shall continue to support the equipment for a minimum period

of 20 years from the date of supply by making available spare parts and assemblies of the equipment

supplied Should the Sub-contractor Supplier Supplier decides to discontinue the product for any reason

whatsoever adequate notice shall be given to the Purchaser Owner to enable procurement of the requisite

lifetime spares

A170 PURCHASERrsquoS RIGHT TO ACCEPT ANY BID PART OF BID AND TO REJECT ANY OR

ALL BIDS A171 The Purchaser reserves the right to accept and or reject any or all tenders and or to withdraw the tender

in Toto and or award the contract order in full or part to more than one vendor contractor without

assigning any reason whatsoever and without thereby incurring any liability to the affected Bidder or Bidders

or any obligations to inform the affected Bidder or Bidders of the grounds for MDL action

A180 BANK GUARANTEE INSURANCE COVER FOR FREE ISSUE MATERIAL A181 The Bidder Supplier Contractor shall furnish Bank Guarantee insurance Cover equivalent to the

value of materials supplied by MDL free of cost valid up to the execution of the contract delivery of

material inspected accepted and receipt at MDL together with the material reconciliation statement

whichever is later

A190 BIDDERrsquoS RESPONSE IN CASE OF NO PARTICIPATION A191 The Sub-contractor Supplier Vendor shall inform the Purchaser in advance in case he is unable to

participate in the tender for whatsoever reason Failure to comply with this will be viewed seriously and

consecutive three failures on the part of Sub-contractor Supplier Vendor to do so is liable for

disqualification debarring of the Sub-contractor Supplier Vendor from all future tender enquiries and or

delisting from the list of Approved Registered Vendors

A230 PREFERENCETIAL PURCHASE FROM MSE VENDORS ndash Not Applicable MDL has right to place order on MSE firm meeting following criteria

In tenders if participating MSEs quoted prices are within price band of L1+15 such MSEs shall also be

allowed to supply a portion up to 20 of requirement by bringing down their prices to L1 price where L1 is

non MSEs If more than 1 MSEs fall under such criteria then this 20 shall be distributed proportionally

This preference shall not be applicable where MSE firm is L1 firm out of 20 percent target of annual

procurement from Micro and Small Enterprises a sub-target of 20 percent (ie 4 percent out of 20 percent)

shall be earmarked for procurement from Micro and Small Enterprises owned by the Scheduled Caste or the

Scheduled Tribe Entrepreneurs In respect of items reserved for MSE extant guidelines shall be followed

Presently Circular No SO 581(E) dated 23032012 is applicable

GM(M)MTI2000007617Passivation Station

Page 36 of 45

Annexure-5

LOADING FACTORS A

Sr

No

Description Foreign Supplier

100 import content

Indigenous

Supplier with part

Import content

Indigenous

Supplier without

Import content

1 Basic Price Quoted

CIF

a a Ex Works

b b Delivered to

MDL Stores

a Ex Works

b Delivered to

MDL Stores

2 Add Insurance Charges Nil In case of 1 (a) In case of 1 (a)

3 Add Sea Air Freight charges

Inland Road Transport Nil In case of 1 (a) In case of 1 (a)

4

Customs Clearance Port

Handling Transportation to

Yard

Applicable NIL NIL

5

Cost (ex-MDL) excluding taxes

amp duties without loading

towards any deviations

CIF price +

SrNo4 Sr Nos (1+2+3) Sr Nos (1+2+3)

B LOADINGS DUE TO VARIATIONS IN FINANCIAL TERM

6 Variation in payment Terms

Varied payment terms quoted by bidders as compared to the terms stated

in the tender document shall be normalized on the amount(s) at variation

and or for the period (in no of days) at variation by adopting the Prime

Lending Rate of State Bank India plus 2 thereon incase of indigenous

bidders and LIBOR EURIBOR rates in case of foreign bidders

7

Income tax amp Service Tax on

Technical Services Service

Engineers liability to MDL

Normalization shall be done in respect of the amount of tax that have to

be borne by the Company

8 Production norms such as

scrap output ndash input ratio

9 Base date for price variation

clause

1

0

Cost (ex-MDL) excluding taxes

amp duties after loading for

variations in financial term

(SR Nos 5 + 6 + 7 + 8 + 9)

C LOADING ON ACCOUNT OF DEVIATIONS IN FOLLOWING COMMERCIAL TERMS

11

Security Deposit Contract

Performance Guarantee Mandatory

12

Equipment Performance

Guarantee Mandatory

13

Additional delivery period

sought over stipulated period as

per Tender

For the additional period sought by the bidder over the stipulated date of

delivery as per tender 050 per week for delayed period will be loaded

to the quoted price if the period under variation does not lead to bid

rejection criteria 14 Additional time sought for

supplying binding data

15 Liquidated damages per week

rate Maximum Ceiling

If bidder seeks less than 5 (Max ceiling) then the difference will be

loaded

The rate of LD per week or part thereof is 05 If bidder seeks say 04

per week or part thereof then Max Ceiling of LD will be equated to

weeks (Say 10 weeks) then LD proposed by bidder works out to 10 X 04

= 4 then 1 will be loaded

16 Warranty Guarantee

Deviations in respect of the period of Warranty shall be loaded to the

quoted price 025 per month or part thereof This does not arise if

the bidder quotes additional price for the differential period

GM(M)MTI2000007617Passivation Station

Page 37 of 45

17

Cost (Ex-MDL) excluding taxes

amp duties after loading for

variations on account of

financial and commercial terms

Sr Nos 10 + 11 + 12 + 13 + 14 + 15 + 16

D LANDED COST

18

Taxes amp Duties

19

Landed Cost Sr Nos 17 + 18

GM(M)MTI2000007617Passivation Station

Page 38 of 45

Annexure-6

LETTER OF CREDIT FORMAT FOR SHIPMENT BY SEA AIR

40A Form of Documentary Credit Type IRREVOCABLE

20 Transaction Reference Number Documentary

Credit Number

31C Date of Issue Date

31D Date and Place of Expiry Date

Place NEGOTIATING BANK

51A Applicant Bank BIC BANKERS OF MDLMUMBAI

50 Applicant Name amp Address MAZAGON DOCK SHIPBUILDERS LTD

DOCKYARD ROAD MAZAGON MUMBAI ndash

400 010

59 Beneficiary Name amp Address

32B Currency Code Amount

Currency

Amount

39A Percentage Credit Amount Tolerance

Tolerance 1

Tolerance 2

41D Available with hellipByhellip Name amp Address

42C Draft at hellip Narrative SIGHTNEGOTIATION

42D Drawee Name amp Address BANKERS OF MDLMUMBAI

43P Partial Shipments Narrative ALLOWEDNOT ALLOWED

43T Transhipment Narrative ALLOWEDNOT ALLOWED

44A Loading on Board Dispatch Narrative AIRPORT SEAPORT (AS PER TENDER

ENQUIRYORDER)

44B For Transportation to Narrative AIRPORT SEAPORT (AS PER TENDER

ENQUIRYORDER)

44C Latest Date of Shipment Date

46A Documents required Narrative (AS PER TENDER ENQUIRY)

47A Additional conditions Narrative 1 ALL DOCUMENTS SHOULD BE MARKED

WITH IEC CODE NO0388070412 LC NO

AND DATE AND IMPORT UNDER NON-

NEGATIVE LIST OF IMPORT EXPORT

POLICY AM

2 DISCREPANT DOCUMENTS TO BE SENT

STRICTLY ON COLLECTION BASIS

71B Details of charges Narrative ALL FOREIGN BANK CHARGES OUTSIDE

INDIA ARE FOR THE BENEFICIARYrsquoS

ACCOUNT

48 Period for presentation

Narrative

WITHIN ----- DAYS FROM THE DATE OF

BILL OF LADING AIRWAY BILL 49 Confirmation instructions

Instruction

WITHOUT

53D Reimbursing Bank

Name amp Address

BANKERS OF MDL WILL SPECIFY

78 Instructions to the Paying Accepting Bank

Narrative

BANKERS OF MDL WILL SPECIFY 72 Sender to Receiver Information

Narrative

BANKERS OF MDL WILL SPECIFY

GM(M)MTI2000007617Passivation Station

Page 39 of 45

Enclosure-7

PROFORMA BANK GUARANTEE FOR BID BOND EMD

(On Non-Judicial stamp paper of value Rs 500-)

IN CONSIDERATION OF MAZAGON DOCK SHIPBUILDERS LIMTED a company incorporated under the Companies Act 1956 and having its registered office at Dockyard Road Mumbai 400010 (hereinafter referred to as

the ldquothe Companyrdquo which expression shall unless it be repugnant or contrary to the subject or context thereof be

deemed to mean and include its successors and assigns) having agreed to accept the Earnest Money Deposit (EMD)

of Rs--------------------------- -------(Rupees-----------------------------only) in the form of Bank Guarantee from Messers

a partnership firmsole proprietor businessa company registered under the Companies Act 1956

having its office at (hereinafter called the tenderer which expression shall unless it be

repugnant or contrary to the subject or context thereof be deemed to mean and include its successors and assigns) for

participating in the Tender nodated (hereinafter called the tender which expression

shall include any amendmentsalterations to the tender issued by the Company) for the supply delivery at site

installation and commissioning of certain equipment itemservicescivil works etc We

Bank having office at (hereinafter referred to as ldquothe Bankrdquo which

expression shall includes its successors and assigns) hereby agree to pay to the Company without any demur on first

demand an amount not exceeding Rs (Rupeesonly) against any loss or damage costs charges and expenses caused to or suffered by the Company by reason of non performance and non-fulfilment or for

any breach on the part of the tenderer of any of the terms and conditions of the said tender

2 We Bank further agree that the Company shall be sole judge whether the said tenderer has

failed to perform or fulfil the said tender in terms thereof or committed breach of any terms and conditions of the

tender the extent of loss damage cost charges and expenses suffered or incurred or would be suffered or incurred by

the Company on account thereof and we waive in the favour of the Company all the rights and defences to which we

as guarantors may be entitled to

3 We Bank further agree that the amount demanded by the Company as such shall be final and

binding on the Bank as to the Bank s liability to pay and the amount demanded and the Bank undertake to pay the

Company the amount so demanded on first demand and without any demur notwithstanding any dispute raised by the

tenderer or any suit or other legal proceedings including arbitration pending before any court tribunal or arbitrator

relating thereto our liability under this guarantee being absolute and unconditional

4 We Bank further agree with the Company that the Company shall have the fullest liberty

without our consent and without affecting in any manner our obligations hereunder to vary any of the terms and

conditions of the said tenderor to extend time of performance by the tenderer from time to time or to postpone for

any time to time any of the powers exercisable by the Company against the tenderer and to forbear to enforce any of

the terms and conditions relating to the tender and we shall not be relieved from our liability by reason of any such

variation or extension being granted to the tenderer or for any forbearance act or omission on the part of the

Company or any indulgence by the Company to the tenderer or by any such matter or things whatsoever which under

the law relating to sureties would have the effect of relieving us

5 We Bank further undertake not to revoke this guarantee during its currency except with

the previous consent of the Company in writing

6 We Bank also agree that the Bankrsquos liability under this guarantee shall not be affected

by any change in the constitution of the tenderer or dissolution or winding up of the business of the tenderer

7 Notwithstanding anything contained herein above

i) Our liability under this guarantee shall not exceed Rs

ii) This Bank Guarantee shall be valid upto and including and

iii) We are liable to pay the guarantee amount or any part thereof under this Bank Guarantee only and only if you

serve upon us a written claim or demand on or before helliphelliphellip (validity + --- weeks from the date of expiry of this

guarantee)

8 This Guarantee shall be governed by Indian laws and the Courts at Mumbai India shall have the exclusive

jurisdiction

GM(M)MTI2000007617Passivation Station

Page 40 of 45

IN WITNESS WHEREOF the Bank has executed this document on this day

of

For Bank

(by its constituted attorney

or the person authorized to sign)

(Signature of a person authorized

to sign on behalf of the Bank)

GM(M)MTI2000007617Passivation Station

Page 41 of 45

Enclosure-8

PROFORMA BANK GUARANTEE FOR SECURITY DEPOSIT (ILLUSTRATIVE FORMAT)

(On Non-Judicial stamp paper of value Rs 500)

IN CONSIDERATION OF MAZAGON DOCK SHIPBUILDERS LIMTED a company incorporated under the

Companies Act 1956 and having its registered office at Dockyard Road Mumbai 400010 (hereinafter referred to as

the ldquothe Purchaserrdquo which expression shall unless it be repugnant or contrary to the subject or context thereof be

deemed to mean and include its successors and assigns) having placed an order on Messers

a partnership firmsole proprietor businessa company registered under the Companies Act 1956

having its office at (hereinafter called the Contractor Supplier which expression shall unless it

be repugnant or contrary to the subject or context thereof be deemed to mean and include its successors and assigns)

vide order No dated (hereinafter called the order which expression shall include any

amendmentsalterations to the order issued by the Purchaser) for the supply delivery at site installation and

commissioning of certain equipment itemservicescivil works etc as stated in the said Order and the Purchaser

having agreed with the ContractorSupplier to accept a Bank Guarantee in lieu of Security Deposit payable under the

said order for the fulfilment and performance of the said order We Bank having

office at (hereinafter referred to as the Bank which expression shall includes its

successors and assigns) hereby agree to pay to the Purchaser without any demur on first demand an amount not

exceeding Rs (Rupeesonly) being 5 of the order value against any loss or damage costs

charges and expenses caused to or suffered by the Purchaser by reason of non performance and non-fulfilment or for

any breach on the part of the Contractor Supplier of any of the terms and conditions of the said order

2 We Bank further agree that the Purchaser shall be sole judge whether the said

contractorSupplier has failed to perform or fulfil the said order in terms thereof or committed breach of any terms

and conditions of the order and the extent of loss damage cost charges and expenses suffered or incurred or would

be suffered or incurred by the Purchaser on account thereof and we waive in the favour

of the Purchaser all the rights and defences to which we as guarantors may be entitled to

3 We Bank further agree that the amount demanded by the Purchaser as such shall be final and

binding on the Bank as to the Bank s liability to pay and the amount demanded and the Bank undertake to pay the

Purchaser the amount so demanded on first demand and without any demur notwithstanding any dispute raised by the

ContractorSupplier or any suit or other legal proceedings including arbitration pending before any court tribunal or

arbitrator relating thereto our liability under this guarantee being absolute and unconditional

4 We Bank further agree with the Purchaser that the Purchaser shall have the fullest liberty

without our consent and without affecting in any manner our obligations hereunder to vary any of the terms and

conditions of the said orderor to extend time of performance by the Supplier from time to time or to

postpone for any time to time any of the powers exercisable by the Purchaser against the Contractor Supplier and to

forbear to enforce any of the terms and conditions relating to the order and we shall not be relieved from our liability

by reason of any such variation or extension being granted to the Contractor Supplier or for any forbearance act or

omission on the part of the Purchaser or any indulgence by the

Purchaser to the ContractorSupplier or by any such matter or things whatsoever which under the law relating to

sureties would have the effect of relieving us

5 We Bank further undertake not to revoke this guarantee during its currency except with

the previous consent of the Purchaser in writing

6 We Bank also agree that the Bankrsquos liability under this guarantee shall not be affected

by any change in the constitution of the Contractor Supplier or dissolution or winding up of the business of the

contractor supplier

7 Notwithstanding anything contained herein above

i) Our liability under this guarantee shall not exceed Rs

ii) This Bank Guarantee shall be valid upto and including and

GM(M)MTI2000007617Passivation Station

Page 42 of 45

iii) We are liable to pay the guarantee amount or any part thereof under this Bank Guarantee only and only if you

serve upon us a written claim or demand on or before helliphelliphelliphellip(validity + ---weeks from the date of expiry of this

guarantee)

8 This Guarantee shall be governed by Indian laws and the Courts at Mumbai India

shall have the exclusive jurisdiction

IN WITNESS WHEREOF the Bank has executed this document on

this day of

For Bank

(by its constituted attorney)

(Signature of a person authorised

to sign on behalf of the Bank)

GM(M)MTI2000007617Passivation Station

Page 43 of 45

Enclosure-9

PROFORMA BANK GUARANTEE FOR PERFORMANCE (ILLUSTRATIVE FORMAT)

(On Non-Judicial stamp paper of value Rs 500-)

IN CONSIDERATION OF MAZAGON DOCK SHIPBUILDERS LIMTED a company incorporated under the

Companies Act 1956 and having its registered office at Dockyard Road Mumbai 400010 (hereinafter referred to as

the ldquothe Purchaserrdquo which expression shall unless it be repugnant or contrary to the subject or context thereof be

deemed to mean and include its successors and assigns) having placed an order on Messers a

partnership firmsole proprietor businessa company registered under the Companies Act 1956 having its Registered

office at (hereinafter called the Contractor Supplier which expression shall unless it be

repugnant or contrary to the subject or context thereof be deemed to mean and include its successors and assigns)

vide order No dated (hereinafter called the order which expression shall include any

amendmentsalterations to the order issued by the Purchaser) for the supply delivery at site installation and

commissioning of certain equipment itemservicescivil works etc as stated in the said Order and the Purchaser

having agreed that the Contractor Supplier shall furnish a security for the performance of the Contractorrsquos

Suppliers obligations andor discharge of the Contractorrsquos Suppliers liability in connection with the said order and

the Purchaser having agreed with the ContractorSupplier to accept a performance guarantee We

Bank having office at (hereinafter referred to as the

Bank which expression shall includes its successors and assigns) hereby agree to pay to the Purchaser without any

demur on first demand an amount not exceeding Rs (Rupeesonly) being 10 of the order

value against any loss or damage costs charges and expenses caused to or suffered by the Purchaser by reason of

non-performance and non-fulfilment or for any breach on the part of the Contractor Supplier of any of the terms and

conditions of the said order

2 We Bank further agree that the Purchaser shall be sole judge whether the said

ContractorSupplier has failed to perform or fulfil the said order in terms thereof or committed breach of any terms

and conditions of the order and the extent of loss damage cost charges and expenses suffered or incurred or would

be suffered or incurred by the Purchaser on account thereof and we waive in the favour of

the Purchaser all the rights and defences to which we as guarantors may be entitled to

3 We Bank further agree that the amount demanded by the Purchaser as such shall be final and

binding on the Bank as to the Bank s liability to pay and the amount demanded and the Bank undertake to pay the

Purchaser the amount so demanded on first demand and without any demur otwithstanding any dispute raised by the

ContractorSupplier or any suit or other legal proceedings including arbitration pending before any court tribunal or

arbitrator relating thereto our liability under this guarantee being absolute and unconditional

4 We Bank further agree with the Purchaser that the Purchaser shall have the fullest liberty

without our consent and without affecting in any manner our obligations hereunder to vary any of the terms and

conditions of the said orderor to extend time of performance by the Supplier from time to time or to postpone for

any time to time any of the powers exercisable by the Purchaser against the Contractor

Supplier and to forbear to enforce any of the terms and conditions relating to the order and we shall not be relieved

from our liability by reason of any such variation or extension being granted to the Contractor Supplier or for any

forbearance act or omission on the part of the Purchaser or any indulgence by the Purchaser to the

ContractorSupplier or by any such matter or things whatsoever which under the law

relating to sureties would have the effect of relieving us

5 We Bank further undertake not to revoke this guarantee during its currency except with

the previous consent of the Purchaser in writing

6 We Bank also agree that the Bankrsquos liability under this guarantee shall not be affected

by any change in the constitution of the Contractor Supplier or

dissolutionhelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

7 Notwithstanding anything contained herein above

i) Our liability under this guarantee shall not exceed Rs

ii) This Bank Guarantee shall be valid upto and including and

GM(M)MTI2000007617Passivation Station

Page 44 of 45

iii) We are liable to pay the guarantee amount or any part thereof under this Bank Guarantee only and only if you

serve upon us a written claim or demand on or before helliphelliphellip (validity + ---weeks from the date of expiry of this

guarantee)

8 This Guarantee shall be governed by Indian laws and the Courts at Mumbai India shall have the exclusive

jurisdiction

IN WITNESS WHEREOF the Bank has executed this document on

this day of

For Bank

(by its constituted attorney)

(Signature of a person authorised

to sign on behalf of the Bank)

GM(M)MTI2000007617Passivation Station

Page 45 of 45

Enclosure-10

Electronic Payment Mandate Form

(MDL Bank details)

Name of the CompanyFirm Mazagon Dock Shipbuilders Limited

Address with Phone no Dockyard Road Mumbai ndash 400010

E-Mail ID

Phone No +91 22 23745310

Fax No

Particulars of Bank Account

Name of the Bank State Bank of India

Name of the Branch Mazagon Dock Mumbai Branch

Branch Code 9054

Bank IFSC NEFT Code SBIN0009054

Bank Address MBPT Workshop building NV Nakhwa Road Mazagon - 400010

City Name Mumbai

Telephone No of Bank +91 22 23752802

9 digit code no of bank amp branch

appearing on the MICR cheque

issued by your bank

400002120

Type of Account Current Account

Account No 10005255246

Income Tax PAN No AAACM8029J

Page 11: Final Tender - Mazagon Dock Shipbuilders...DIVISION-SHIP BUILDING DEPARTMENT-MATERIAL PROCUREMENT Tender no.: GM(M)/MTI/2000007617 for the Engineering, Manufacturing, Supply/Installation,

GM(M)MTI2000007617Passivation Station

Page 11 of 45

725 Bids not meeting the pre-qualification parameters stipulated in the tender enquiry

726 Bidders not agreeing to supply spares post sale product support post work

completion support

727 High seas sales sales in transit

728 Unreasonably longer delivery period quoted by the firm

729 Validity period indicated by bidders is shorter than that specified in the tender

enquiry

7210 Bidders not agreeing to furnish required Security Deposit Required Contract

Performance Guarantee till completion of the supplies services as per contract

7211 Bidders not agreeing to furnish Performance Bank Guarantees for equipment

supplied services rendered or not agreeing for retention of equivalent amount by

MDL up to the period till completion of contractual and guarantee warranty

obligations

7212 Bidder not agreeing to quote as a single point responsibility for whole scope of work

(ie right from design supply of systemequipment till commissioning STW amp

training at MDL site)

7213 Bidders not agreeing warrantyguarantee Clause of tender (clause no 10)

8 Pricing Prices to be quoted on firm and fixed basis during the currency of the order contract

81 For Indigenous Bidders Indigenous Bidder shall quote the prices online of all items services listed in

the online price sheet format of the tender enquiry for delivery of the items in MDL store completion of

the work at MDL site The prices quoted shall remain firm and fixed during the currency of the order

contract unless agreed otherwise by MDL and should be inclusive of all cost towards Packing amp

forwardinginsurancefreight deliveryTransportation and transit insurance

82 For Foreign Bidders Bidder shall quote the prices online on the CIF Mumbai Port of destination

(India) basis only Prices on the basis of FOB factory or ex-works are not acceptable However FOB

cost shall also be quoted The prices quoted shall remain firm and fixed during the currency of the order

contract unless agreed otherwise by MDL To arrive at custom charge the foreign bidder(s) must submit

details viz (i) port of dispatch (ii) containerized dispatch (iii) Number of container (iv) Gross weight

9 Terms of Payment - MDL does not pay any advance Payment for Indigenous amp Overseas bidders

91 For Indigenous Bidders

911 Supply Installation commissioning amp training - Payment for the value of supply and services as reduced by any deductibles andor the amount

leviable towards liquidated damages if any may be payable through NEFTRTGSECS between 15-

20 days of completion of complete scope of work (ie after Supply Installation trials

commissioning and training) and against submission of documents in Triplicate including Delivery

challan(s) receipt inspection amp acceptance report warranty Guarantee certificate Test reports

Certificates if applicable Packing Lists Invoice Storage Preservation Maintenance Procedures

amp other Technical documentation in requisite sets as relevant and work completion certificate duly

certified by an officer from the user department in the rank of CM or above and submission amp

subsequent confirmation of performance bank guarantee for 10 of the total order value excluding

taxes

GM(M)MTI2000007617Passivation Station

Page 12 of 45

912 TReDS

Alternate MSME vendor payment through TReDS

ldquoIn order to address the financial needs of MSME firms GoI has introduced a platform for

facilitating the financing of trade receivables of MSMEs from buyers through multiple

financiers which is termed as Trade Receivables Discounting System (TReDS) At TReDS

auctioning of invoices at competitive amp transparent environment is done by financers based on

Buyerrsquos credit profile

MDL is registered on the Invoicemart TReDS platform and M1xchange of Ms Mynd

Solutions Pvt Ltd

MSME bidders desirous to receive payments through TReDS platform may avail the facility if

they are already registered on

1Invoicemart TReDS platform or by registering on it

Contact details at Invoicemart TReDS platform are as below

022 6235 7373 and a new mail id serviceinvoicemartcom

2 M1xchange

TReDS platform

or by registering on it

Contact details at M1xchange TReDS platform are as below

+91 9920455374 MsAshwathi Jayandran email id ashwathijayandranm1xchangecom

+91 8839915724 Ms Prinyaka Shah email id prinyakashahm1xchangecom

MSE bidders upon successful delivery shall submit their invoices along with the mandated

enclosures at MDL Central Receipt Section MSE vendors desirous to receive payments through Invoicemart TReDS platform or M1xchange TReDS platform shall submit their TReDS

details along with the invoice at MDL Central Receipt Section Upon receipt and acceptance of the

supplied material and receipt of invoices with the mandated enclosures MDL shall process the

invoice for payment on Invoicemart M1xchange TReDS platform Any unfinanced invoices

invoices of MSE bidders seeking payment from MDL directly shall be processed as per the Standard

payment terms agreed in PO contractrdquo

92 For OverseasForeign Bidders

(A)

Payment through LC - Payment against irrevocable letter of credit (LC)

established through our bankers as per format at illustrative Annexure 6 For opening

LC Supplier should essentially furnish their clear amp timely acceptance of the order

For opening LC all charges outside India shall be borne by the beneficiary

(Supplier) Additional loading of prices (A) towards charges incurred in LC opening

by MDL and (B) Interest for period of 20 days base rate of SBI+2 on payment

amount is to be considered while evaluating foreign bidders for ranking purpose In

case supplier seeks LC amendment for no fault of MDL or requires confirmation of

LC then all charges towards LC amendment or confirmation of LC respectively

shall be borne by the Supplier LC will allow Payment on timely presentation of

following documents through bank Opening of LC shall be before one month of

the schedule for dispatch or before such period as may be discussed and mutually

agreed to in the PNC (Price Negotiations) The time limit for opening of LC and or

amendment for LC shall be 7 days or within such no of days as may be stipulated in

purchase orderContract Delay in opening of LC can lead to corresponding delay in

delivery and hence no LD is applicable on such delayed portion

LC will be opened accordingly after receipt of intimation about readiness of

Material items equipments LC shall be valid for 89 days Firm to sendsubmit

documents as listed in Para 921 to 9212 below in originals for custom clearance of

material to MDL directly after shipment

GM(M)MTI2000007617Passivation Station

Page 13 of 45

For Items-

921 Set of Original + 2 Copies of signed Invoice showing item wise prices as per the order

922

Set of Original + 2 Copies of signed Packing List clearly showing list of items

packed Specifying unit as per Indian Custom Tariff

923

Set of Original + 2 Copies Clean on Board Bill of Lading OR Air Way Bill made in

the name of MDLrsquos Bank and Marked as freight paid

924

Set of Original + 2 Copies of Certificate of approval OR Release Note from MDL

nominated Inspection agency or Work completion performance certificate or

Dispatch clearance from MDL

925 Certificate of country of origin in Original + 2 Copies by chamber of commerce

926 Original + 2 Copies of Warranty Certificate in prescribed format

927

Original + 2 Copies of all Manufacturerrsquos Test Certificates (MTCs) Reports

Drawings Manuals Procedures etc as relevant to the ordered item

928

Original + 2 Copies of Performance Bank guaranteeequivalent BG wherever

applicable

929

Certificate Confirming that supplier has couriered dispatched 03 sets of Non

Negotiable Documents comprising of all Test reports MTCs Technical

Documents Drawings Manuals Procedures etc and of Signed Invoices Packing

Lists Bill of LadingAWB MDL nominated Inspection Agencyrsquos Certificate of

approval Country of Origin Certificate Warranty Certificate Performance Bank

Guarantee directly to MDL

9210

Original + 2 Copies of the Certificate issued by the classified society confirming

seaworthiness of the vessel and that the shipment is made on vessels of not more

than 15 years vintage (Applicable in case of CIF contracts orders agreed by MDL)

9211

Certificate issued by MDL confirming that the delivery is made in time and no

penalty is applicable OR in case of delays admissible amount of penalty will be specified by MDL in this certificate for reduction of equal amount from supplierrsquos

invoice (MDL will issue this certificate generally by e-mail or FAX immediately on

receipt of signed copy of invoice packing list approval certificate of the nominated

inspection agency date of the proposed shipment amp copies of BL or AWB or any

other acceptable documents confirming supplierrsquos readiness dispatch)

9212

Certificate confirming that the shipping instructions (inclusive of packing) have

been followed while packing shipment and forwarding of details for insurance to

MDL

Important Notes for Foreign Bidders 1 All the documents should clearly indicate the Purchasers Order number Import

License Number Airway Bill Bill of Lading Number

2 Foreign Bidders must submit the Letter of Credit format duly filled as per Annexure- 6

of the tender

3 To arrive at the custom charges the foreign bidders must submit the following details

along with the Part ndashI Bid -

(a) Port of dispatch to be clearly specified

(b) Containerized dispatch Break bulk

(c) No of required containers with their size amp type (20Feet40 FeetOpenClosed)

(d) Gross weight

(e) Any other specific handling Instructionsconditions of consignment

GM(M)MTI2000007617Passivation Station

Page 14 of 45

10 GuaranteeWarranty Supplier shall warranty the performance of the Passivation station for a

period of 12 months after commissioning or 24 months after receipt of station at MDL

whichever is earlier

During this period all defects arising out of defective material and faulty workmanship will be

rectified by repairing or replacing part or whole material as necessary free of charge on door

delivery basis Any consequential damagedefect or loss of items due to poor

workmanshippoor material qualitynegligence etc attribute to the bidder to be rectifiedreplaced by the bidder free of cost All the necessary spares tools Service engineers

amp Mechanics required for repairs to be arrange by vendor at no extra cost and machine to be

put into operation at the earliest

11 Performance Bank Guarantee (PBG) The Successful bidders will have to submit PBG in the prescribed format from the list of

Banks approved by SBI Canara Bank published on MDL Website for 10 of the Order value

excluding taxes etc valid for 13 months (validity 12 months + 1 month claim period) from the date of supply or offer your consent to MDL for retention of 10 of order value towards

PBG Bidders may advise their bankbanker to send BG directly to commercial department or

through SWIFT to dispense with additional step of verification of authenticity of signatories

In case of BG transmitted through SWIFT it shall be the responsibility of the bidder that he

directs the receiving banker to forward the message duly authenticated to the concerned

commercial officer mentioned in the tender

12 Bidder shall abide by all Standard Terms and Conditions of Supply (STACS) GTampC and

accordingly contract will be governed as per uploaded form at Stage Name Part ndashI (Techno-

Commercial Bid) Deviation if any shall be clearly indicated In case of discrepancy clauses

mentioned in Tender Technical Scope and Rate sheet will override the clauses mentioned in

other annexure including STACS amp GTampC In event we do not receive acceptance forms

dully filled for TEF STACS and GTampC it shall be presumed that all our terms and

conditions of tender are acceptable to you

13 Taxes amp Duties - The item-wise rates quoted in the Rate Sheet should exclude GST and

duties

131 For Indigenous bidders The rate sheet to be enclosed with the tender will indicate

the rates under each tax head viz GST

a Only those bidders who indicate the taxes amp duties separately as above all

shall be entitled for consideration of change in corresponding rates in case

of variation in statutory levies

b Supplierbidder will not be entitled to any increase in rate of taxes

occurring during the period of extended delivery schedule if there is delay

in supply completion attributed to him however if there is a decrease in

taxes the same must be passed on to MDL

c Wherever all-inclusive prices are quoted by the bidders without bifurcation

of tax elements no escalation can be considered in respect of any variation

in statutory levies arising subsequently because of the absence of the

required base figures in the purchase order contract

132 GST as per GST Laws shall be payable extra as quoted and agreed

133 In case of Purchase of goodsservices from unregistered dealers under GST laws

GST will be paid by MDL under reverse charge mechanism

134 Benefits from reduction in rate of taxITC are required to be passed on to

consumer Where ldquoapplicable GSTrdquo has been quoted as extra Goods and service

providers (except un-registered dealers under GST Law) have to submit

declaration that they have complied with lsquoAnti ndashprofiteering clausersquo under GST

Law Such declaration be given in technical bid

GM(M)MTI2000007617Passivation Station

Page 15 of 45

135 Where the quoted price is claimed to be inclusive of taxes (by other than

composite vendor) MDL consider it as net price on which GST is payable In

such cases the GST may be paid by MDL directly to GSTN under reverse

charge mechanism or otherwise for which no input tax credit will be available to

vendor and vendor is deemed to have confirmed that he will not claim ITC for

such items

136 If the vendor is registered under GST vendor shall mention the HSN code for

goodsampor services in their tax invoice etc These codes must be in accordance

with GST Laws and responsibility of specifying correct HSN code for goodsampor

services is that of the vendor MDL shall not be responsible for any error in HSN

code for goodsampor services specified by suppliercontractor Suppliercontractor

shall pay penalty andor interest imposed on MDL or any loss due to delay in

availing ITC by MDL or any loss of ITC to MDL due to error by vendors at any

stage MDL reserve right to recover any such interest penalty or loss from any amount due to supplier contractor or vendor shall reimburse make good such

loss within 15days after intimation by MDL or otherwise

137 In case MDL is unable to avail ITC suppliercontractor at their own cost shall

rectify the shortcoming in the returns to be filed immediately thereafter Further

if the ITC is delayed denied to MDLreversed subsequently as per GST Laws due

to nondelayed receipt of goods andor services andor tax invoice or expiry of

timelines prescribed in GST Laws for availing ITC non-payment of taxes or non-

filling of returns or any other reasons not attributable to MDL supplier

contractor shall pay any loss of amount along with interest and penalty on MDL

under GST Laws for the number of days the ITC was delayed If the shortcoming

is not rectified by suppliercontractor and MDL ends up in reversal of credits

andor payments suppliercontractor is fully liable for making good all the loss

incurred by MDL MDL reserve right to recover any interest penalty or loss from

any amount due to suppliercontractor or otherwise

138 If the vendor is registered under GST the GST registration number (15 digit

GSTIN) issued by GOI shall be mandatorily provided by the vendor Vendor

having multiple business verticals within state at multiple states with separate

GST registration numbers shall forward GSTIN of only that vertical which is

involved in supply of goods andor services MDL GSTIN is

27AAACM8029J1ZA and vendor shall mention the same while invoicing and

avoid any data entry error on GST portal

139 If the vendor is registered under GST vendor shall ensure timely submission of

invoice as per the provisionsrequirementstimeline promulgated by GOI in

relation to GST Laws with all required supporting documents to enable MDL to

avail input tax credit promptly The vendors invoice inter alia should contain

GSTIN of vendor GSTIN of MDL (ie 27AAACM8029J1ZA) GST tax rate

separately HSN code wise goods or services Place of supply signature of vendor

etc Original invoice needs to be submitted to Bill Receipt Centre at MDL gate

and a copy of the invoice should be given to the GRS Stores

1310 If the vendor is registered under GST vendor shall file all applicable returns

under GST Laws in the stipulated time and any losses of tax credit to MDL

arising due to delay in filling will be recovered from their invoice wherever MDL

is eligible to avail tax credit Any default towards payment of tax andor

uploading of monthly returns by supplier contractors MDL retains right to

withhold payments towards tax portion until the same is corrected and complied

by the suppliercontractor with the requirement of GST along with satisfactory

evidence

GM(M)MTI2000007617Passivation Station

Page 16 of 45

1311 The rate sheet enclosed with the tender will indicate the rates to be entered under

each head wherever applicable Bidder must clearly mention the applicable taxes

amp duties The item-wise rates (ie Basic + PampF + FampI) quoted in the rate sheet

should exclude taxes amp duties Bidder should indicate GST rates as applicable

separately under each of the head in the same rate sheet which will be paid extra

based on tax invoice to the extent applicable The GST will be applicable on total

basic rate of each item (ie Basic +PampF +FampI)

1312 If the vendor changes his registration status from composition dealer to normal

registered dealer under GST Law the vendor has to inform MDL immediately

Further his contract price under GST needs to be negotiated since as a normal

dealer he will have benefit of ITC which he should pass on to MDL

1313 Bid Evaluation Clause - I) As per GST Law ITC is not available

a) For goods and services which are not in furtherance of business

b) In some cases for eg rent a car life insurance work contract services for

immovable property as mentioned under section 17 of GST Act 2017 In such cases

evaluation of bid is inclusive of GST quote by bidder

II) In all other cases ie goods and services not covered under sr no I above

evaluation of bid is exclusive of GST quoted by bidder

III) Further in the case of composition dealer since composition dealer is not

allowed to charge GST in such case evaluation of bid will be on the price quoted by

bidder

1314 For Overseas Bidder All taxes applicable outside India shall be borne by overseas

bidder

a In case of foreign bidders all taxes duties statutory levies and charges which

are to be paid for the delivery of goods amp services shall be paid by the parties

under the present contract in their respective countries MDL shall bear and pay

all taxes duties and statutory levies in India in connection with the execution

andor performance of this contract wrt deliverables delivered and service

rendered as per contract excluding income tax applicable on service charges

b Foreign bidder shall submit tax residency certificate (TRC) in Part ndashI offer In

case of remittances to foreign companies for services as per income tax act and

DTAA provisions TDS shall be carried out from the amount payable towards

services As per the extant applicability and existing rates following cases

pertaining to TDS are presented for clarity

i Case 1 (TRC is made available by foreign bidders) Tax deduction at

source (TDS) 15 of total service payment is applicable If this is

not agreed to by the bidder in the bid or during TNCCNC then this

shall be appropriately loaded as per applicable rates on the price for the

purpose of ranking However bidders to note that TDS rates DTAA

rates differ from country to country It varies from10 to 25

ii Case 2 (TRC is not made available by foreign bidders) Tax deduction

at source (TDS) at the rates as mentioned in the table below is

applicable If this is not agreed to by the bidder in the bid or during

TNCCNC then this shall be appropriately loaded as per applicable

rates on the price for the purpose of ranking These rates shall be as

under

GM(M)MTI2000007617Passivation Station

Page 17 of 45

Service Payment slabs (converted in

INR)

Rate of TDS applicable on total

service payment

Up to value of INR 1 Cr 2575

Above 1 Cr Up to 10 Cr 2626

Above INR 10Cr 270375

14 Loading Criteria Deviations sought by the bidder in respect of Custom Duty exemption

Freight Insurance Payment terms shall be loaded on the bidders quoted prices during price

evaluation by MDL Among the equal bids bidders with ISO 9000 series accreditation over

Non-ISO bidders firstly Manufacturers then their authorized dealers will be given preference

The loading criteria that will be adopted are detailed below amp also as per Enclosure-5

141 It is desirable that the bidder accepts the Payment Terms indicated in clause 9

above Varied payment terms quoted by bidders as compared to the terms stated

in the Tender document shall be normalized by applying SBI Prime Lending

Rate (prevailing at the time of opening of Price bid) plus 2 pa rate of interest

for the period at variation (For Indigenous bidder) amp for overseas bidder the bids

will be normalized at LIBOREURIBOR rate plus 2 for ranking of the bids

142 In case of Foreign supplier the basic cost (CIF) shall be the basis for comparison

of quoted price Custom Duty Custom clearance Port handling transport

charges to the yard will be added to CIF cost to arrive at door delivery cost

143 Delivery of the goods at MDL premises should be the responsibility of the

vendor However for unavoidable reasons if bids are exclusive of transport

andor insurance the same will be loaded at the cost to be incurred by MDL

144 For the additional delivery period sought by the bidder over the stipulated date of

delivery as per Tender 050 per completed week will be loaded to the quoted

price

145 Deviations sought in respect of Liquidated Damages (LD) Deviations sought in

respect of rate per week and or maximum ceiling in respect of liquidated

damages shall be loaded to the quoted price For eg The maximum ceiling

towards liquidated damages stipulated in the tender is 5 and the bidder seeks to

limit it to say 35 then the price quoted will be loaded by 15 If the rate of

LD per week is 05 per week or part thereof as per tender and the bidder seeks

it as say 04 per week or part thereof the maximum ceiling on L D as per

tender will first be equated to weeks (10 weeks in this case) and the rate proposed

by the bidder ie 04 will be multiplied by the so equated maximum Period

(which works out to 4) and the quoted price will be loaded accordingly by 1

Delivery being the essence of the contract it is desirable if the bidders adhere to

the stipulated clause

146 Deviations in respect of the period of Warranty shall be loaded to the quoted price

025 per month or part thereof This does not arise if the bidder quotes

additional price for the differential period

147 The ranking of price bids shall be done overall L1 basis excluding GST (ie total

of basic price exclusive of GST quoted by bidder) In these cases the variation in

statutory levies etc are not allowed unless the breakup in respect of taxes duties

GM(M)MTI2000007617Passivation Station

Page 18 of 45

are clearly and separately furnished in bid

148 For opening LC all charges outside India shall be borne by the Beneficiary

(supplier) Additional loading of prices (A) Towards charges incurred in LC opening

by MDL and (B) Interest for period of 20 days base rate of SBI+2 on payment

amount is to be considered while evaluating foreign bidders for ranking purpose

15 Ranking of Bids amp Determination of L-1 Bidders Ranking of price bids shall be done on overall L1 basis with exclusive of GST

If any variations in statutory levies the break up in respect of any charges is clearly

and separately furnished in the bid and the MDL is satisfied that the rates of taxes

indicated therein are in line with the tax law so that escalation due to variation in the

taxes can be justifiably considered to the extent legitimately allowable on the base

amount(s) indicated in the bid Therefore bidder is requested to show the break up

regarding taxes as applicable in the bid

Note 1 In case of overseas supplier the ldquoCIF cost+ Inspectiontesting charges+ Installation

Commissioning charges+ custom duty+ IGST (if ITC is not available) + Custom

Clearance +port handling +transportation charges to the yard if any + LC opening

charges + interest for period of 20 days base rate of SBI +2 on payment amount

ldquoshall be the basis for comparison of quoted price Custom duty IGST Custom clearance Port handling transport charges to the yard will be added to CIF cost to

arrive at door delivery cost

2 If Service Component exists in an offer from a foreign vendor then Tax Residency

certificate (TRC) should be submitted with Part I offer If no TRC is submitted then

the enhanced Income Tax rate and Service Tax thereon will be considered while

determining L-1

3 Techno-Commercially Qualified overall lowest bidder exclusive of GST will be

considered for the placement of order 4 On-line Ranking visible to the bidders after opening part II price bid is without

loading parameters However the L1 bidder will be evaluated offline after

consideration of all applicable loading parameters as mentioned in the tender

document and commercial terms

5 In case of any discrepancy in the Blank Rate Schedule Format and actual Online

Price Bid after opening of the Price Bids the details (GST) mentioned in the On-line

Price bids shall prevail over the details in blank rate schedule format

6 ldquoBasic costrdquo is defined as ldquoDoor delivery cost (excluding GST)rdquo which includes

packing amp forwarding Delivery insurance registration charges and any cost involved

as per scope of work towards material and services basic cost of Installation

commissioning and inspection amp testing

7 ITC can be availed by MDL for the items as notified under GST ACT 2017 ITC

can be availed by MDL for registered bidder and for unregistered bidder under

reverse charge mechanism Since no ITC can be availed in case of bidders registered

under composition scheme their quoted cost will be considered for ranking

comparison purpose

16 Consignee The Successful bidders shall arrange dispatch of goods by appropriate Rail Road

Sea Air transport mode as per the order to lsquoEAST YARD STORESrsquo and further to user dept

on working days (Monday to Friday) between 800 hrs to 1500 hrs (Lunch Time 1130 to 1200

hrs) In case trucktempo reaches our yard beyond above time the same may be retained over

night at your risk amp cost

An advance copy of invoices along with other relevant documents shall be forwarded to the

purchaser sufficiently in advance to enable clearance of cargo within allowed demurrage free

days to avoid demurrage In case of door delivery orders the supplier shall categorically direct

the transporter to deliver the ordered items without insisting for consignee copy of the Lorry

Receipt

GM(M)MTI2000007617Passivation Station

Page 19 of 45

17 Modifications to the Bids Bidder desirous of submitting modified bid prior to the closing

date and time may do so online not later than deadline of submission of bids Please note that

modified bid shall be submitted through e-procurement system only Bidder can change the

submitted bid any number of times till the closing time and the last changed bid will be

considered for ranking of the bids

18 PURCHASE PREFERENCE TO MAKE IN INDIA As per Public Procurement Order Ref No P-4502122017-B E-II Dtd 15062017 issued by Govt

of India to encourage ldquoMake in Indiardquo policy Purchase Preference shall be given to local suppliers

in the following manner

(a) The terminology definitions used in the said order is as below

(i) ldquoLocal contentrdquo means the amount of value added in India be the total value of items procured

excluding net domestic indirect taxes) minus the value of imported content in the item (including

all customs duties) as a proportion of the total value in percent

(ii) ldquoLocal Supplierrdquo means a supplier or service provider whose product or service offered for procurement meets the minimum local content as prescribed under the said Order or by the

competent Ministries Department in pursuance of said order A Local Supplier can be an Indian

or Foreign bidder

(iii) ldquoMargin of Purchase Preferencerdquo means the maximum extent to which the price quoted by

local supplier may be above the L1 for the purpose of purchase preference The margin of

purchase preference for the present tender is 20

(b) Minimum local content

(i) The minimum local content in the offer is to be not less than 50 for the present tender for a

bidder to be considered as a Local Supplier

(ii) The local content can be increased through partnerships cooperation with local companies

establishing production units in India or Joint Ventures (JV) with Indian suppliers increasing the

participation of local employees in services and training themrsquo

(iii) On opening of the price bids if it is identified that there is difference in price receive amp

declaration made and local content is now not meeting the specified tender requirement (ie only

on the quoted price without any loading) then such case will be processed without any purchase

preference

(c) Declaration by Local Supplier Local Supplier should declare that the item and service

offered meets the minimum local content amp indicate its percentage in their offer which shall meet

(or even offer more) required content as specified in tender This declaration is necessary even if

Custom Duty Exemption and or ERV (if applicable) are not being sought Following documents

are to be submitted in technical offer ndash

Part-I bid

(i) Local Component list ie Items and services which are being procured produced domestically

by supplier in the system equipment service offered against tender This list shall include all the

components raw materials sub services etc

(ii) Foreign Imported Component list ie Items and services which are being supplied by bidder

from outside India in the system equipment service offered against tender This list shall include

all the components raw materials sub services etc

(iii) Bidders shall give the details of the location(s) at which the local value addition is made

Additionally location(s) details from where foreign imported components are being supplied be

also informed

(iv) Bidders shall give the price break-up in percentage for ldquoLocal Componentrdquo and ldquoForeign

Imported Componentrdquo

(v) Custom duty applicable on FE component for all foreign items (vi) The Local Suppliers are required to provide self-certification as per Annexure-11

Note In cases of procurement for value in excess of Rs 10 Crores the local supplier shall be required to

provide a certificate from statutory auditor or cost auditor of the company (in case of companies)

or from a practicing cost accountant or practicing charted accountant (in respect of supplier other

GM(M)MTI2000007617Passivation Station

Page 20 of 45

than companies) giving the percentage of local content amp applicable item wise custom duty

Once the declaration certification is committed at tender submission stage the same cannot be

altered at technical negotiation stage or after award of contract otherwise would be treated

considered as false declaration by bidder

In the event of bidders not declaring or declaring less local content percentage in the offer MDL

will consider quote bid of such bidders with local content as ldquo0rdquo or ldquoNILrdquo ie the offers of such

bidders will be treated as a ldquoNon Local Supplierrdquo where no purchase preference shall be granted to these bidders

(d) If the Local Supplier is also a MSE Vendor seeking the benefit of Public Procurement Policy

for MSEs Order 2012 then such bidders should not seek benefits against the Preference to Make

in India policy ndash Order 2017 Such bidders should categorically seek benefits of only one policy

which cannot be modified subsequently once declared in the Annexure-A referred above while

submitting the bid

(e) Custom duty issue Imported FE content is inclusive of all custom duties which is required

for arriving local content Bidders to note the following about declaration of FE Content

(i) All bidders should upfront declare line item wise custom duty duly certified Such declared

custom duty percentage will only be considered for arriving local content

(ii) In the event if the rate of custom duty is found higher than the declared custom duty by bidder

then the bidderrsquos declaration shall be final for arriving L1 bid Also in such case the difference in

custom duty would be to bidders account In case of foreign bidders the same would be to bidders

account and shall not be borne or reimbursed by Shipyard

(iii) In the event of rate of custom duty happens to be lower at the time of clearance of goods then

actual custom duty shall be payable

(iv) Notwithstanding above local content shall be calculated based on the declared custom duty by

the bidder in techno-commercial bid

(f) Preference to Local Supplier The following procedure will be adopted for deciding on

preference to Local Supplier over a non-local supplier wrt Public Procurement (Preference to

Make in India) order 2017

(i) Among all qualified bids the lowest bid will be termed as L1 If L1 is from a local supplier the

contract will be awarded to L1

(ii) If L1 is not from a local supplier the lowest bidder among the local suppliers will be invited

to match the L1 price subject to local supplierrsquos quoted price falling within the margin of purchase

preference and contract shall be awarded to such local supplier subject to matching the L1 price

(iii) In case such lowest eligible local supplier fails to match the L1 price the local supplier with

the next higher bid within the margin of purchase preference shall be invited to match the L1 price

and so on and contract shall be awarded accordingly In case none of the local suppliers within the

margin of purchase preference matches the L1 price then the contract may be awarded to the L1

bidder

(g) Preference between LS and MSE Bidder This clause is applicable only if line items are

separable and MSE preference clause is also applicable Between the MSE and Local

Supplier the MSE bidder will be given preference to match with L1 bidder as per Public Procurement Policy for MSEs Order 2012 MSE vendor will be evaluated with L1+15 MSE

doesnrsquot fall under Public Procurement (Preference to Make in India) Order 2017 Local Supplier

will be evaluated with L1+20 (Margin of Purchase Preference ordinary) as per Public

Procurement (Preference to Make in India) Order 2017

(h) After the contract is awarded and the supplies are completed each supplier shall provide the supporting documentation towards realization of committed Local Content as per the contract

order terms amp conditions

In addition to these documents a ldquoLocal content certificaterdquo also shall be submitted stating the

percentage of local content in the items or services measured The ldquoLocal content certificaterdquo shall

be submitted along with the invoice

Note In cases of procurement for value in excess of Rs 10 Crores the local supplier shall be

required to provide a certificate from statutory auditor or cost auditor of the company (in case of

GM(M)MTI2000007617Passivation Station

Page 21 of 45

companies) or from a practicing cost accountant or practicing charted accountant (in respect of

supplier other than companies) giving the percentage of local content

(i) False declaration will be in breach of Code of Integrity under Rule 175(1)(i)(h) of GFR 2017

for which a bidder or its successor can be debarred for up to 2 years as per Rule 151(iii) of GFR

2017 along with such other actions as may be permissible under law

(j) Complaints Grievance Any complaints grievances relating to implementation of this order

shall be taken up by Public Grievance Cell of MDL headed by GM(F-PampS) Fees for filing a complaint under the order shall be Rs 10000- per case The complaints shall be filed to the

Chairman Public Grievance Cell The fee shall be deposited in MDLrsquos Account by NEFT

19 Public Grievance Cell A Public Grievance Cell headed by ED (East Yard) has been set up in

the Company Members of public having complaints or grievances are advised to contact him

on Wednesday between 1000 hours and 1230 hours in his EY-office MAZAGON DOCK

SHIPBUILDERS LIMITED Dockyard Road Mumbai - 400010 (022 ndash 23763506 23738368)

or send their complaints grievances to him in writing for redressal

20 Supply on MDL Holidays Request for permission for delivery on Saturday Sunday

holidays if required should be submitted 3 working days prior to the date of holiday to

Personnel department and Security through concerned Dept

21 Liquidated Damages Time is an essence of the contract therefore the job as ordered should be

completed on the dates mutually agreed upon in accordance with the delivery schedule In cases

of delay not attributable to Purchaser beyond the agreed schedule the Successful bidder shall pay

liquidated damages a sum representing 05 (Half per cent) per week or part thereof subject to

maximum of 5 of the final Order Contract value Vendor Contractor (Seller) will also be liable

to pay Liquidated Damages for late delivery of Manuals Drawings and Documentation as agreed

to by Purchaser and Vendor Contractor (Seller) and as stated in the Purchase Order The amount

of such damages will be clearly defined in the Purchase Order and may extend up to 5 of the

Order Value excluding taxes Applicability of LD will be considered as below -

1) Delay in manufacturing and supplydelivery of machinematerialitemsequipments at

MDL after dispatch clearance beyond specified schedule will attract LD 05 per week

or part thereof subject to maximum of 5

2) Delay in Installation trial Commissioning amp Training at MDL as per Work

completion date as certified by MDL user dept beyond specified schedule will attract

LD 05 per week or part thereof subject to maximum of 5 as per order

22 Hindrance Register All hindrances with date of occurrences and removal shall be noted in the

Hindrance Register The Hindrance Register shall be signed by the representatives of both MDL

as well as Contractor

23 Security Deposit (SD) The successful bidders shall have to submit Security Deposit for an

amount of 5 of the Order value excluding GST etc electronically through NEFT RTGS or

in the form of Bank Guarantee drawn in favor of MAZAGON DOCK SHIPBUILDERS

LIMITED Mumbai from the list of Banks approved by SBI Canara Bank published on MDL

Website within 25 days from the date of Order amp must be valid up to contract period plus one

month No interest will be paid on Security Deposit Please note that MDL does not extend any

concession such as exemption in payment of Security Deposit etc to any organization

irrespective of their status like registration with MDL NSIC SSI and MSME etc In case of

failure to submit Security Deposit within 25 days from the date of order placement EMD

submitted will be encashed and risk purchase clause would be invoked The Security Deposit

will be returned only after successful execution of the order and shall be interest free In the

event of failure to execute the order satisfactorily the Security Deposit will be encashed by

MDL If order is fully executed within 25 days from the date of purchase order submission of

security deposit is not applicable For delayed period of submission of SD beyond 25 days

from date of order bidder has to pay applicable interest In case the bidder is Indian Public

Sector Unit they shall submit the indemnity bond instead of Security Deposit Bidders may

advise their bankbanker to send BG directly to commercial department or through SWIFT to

dispense with additional step of verification of authenticity of signatories In case of BG

GM(M)MTI2000007617Passivation Station

Page 22 of 45

transmitted through SWIFT it shall be the responsibility of the bidder that he directs the

receiving banker to forward the message For delayed period of submission of SD beyond 25

days from date of order interest will be recovered as mentioned below

For Indian suppliers it will be SBAR plus 2 and EUROBORLIBOR plus 2 for Foreign

bidder Security Deposit will be returned only after successful execution of the order and shall

be interest free In the event of failure to execute the order satisfactorily the Security Deposit

will be encashed by MDL PSUs can submit Indemnity bond in lieu of Security deposit Bidders can submit SD amount

by using payment gateways through MDL website

24 Delivery ScheduleWork Completion Schedule and delivery term (For foreign bidders) The

entire scope of work ie Design manufacture Supply Installation Commissioning STW amp

Training to be completed within 6 months from the date of receipt of PO

1) Supplydelivery of machineItemsEquipmentsspares at MDL = within 20 weeks (CIF delivery) and

2) Time for transportation amp custom clearance time = 2 weeks

3) Installation Trials Training and Commissioning = Within 2 weeks

Delivery Term (1) Supply For Indigenous bidder Door DeliveryFOR MDL GRS Stores

For Overseas Bidder CIF Port of destination (Mumbai)

(2) Installation Commissioning STW Training -

For Overseas Bidders At MDL site

Training to be imparted to Non-executives-04 Nos for 7 days (1 week)

Delivery ScheduleWork Completion Schedule and delivery term (For Indigenous bidders) The entire scope of work ie Design manufacture Supply Installation Commissioning STW amp

Training to be completed within 6 months from the date of receipt of PO

1) Supplydelivery of machineItemsEquipmentsspares at MDL = within 22 weeks (CIF

delivery) and

2) Installation Trials Training and Commissioning = Within 2 weeks

Delivery Term (1) Supply For Indigenous bidder Door DeliveryFOR MDL GRS Stores

For Overseas Bidder CIF Port of destination (Mumbai)

(2) Installation Commissioning STW Training - For Indigenous Bidders At MDL site

Training to be imparted to Non-executives-04 Nos for 7 days (1 week)

25 Assistance for Installation Testing Commissioning Maintenance amp other Technical

activities 1 Services of engineersManpower in connection with assistance of delivery

loadingunloading installation setting-in-work testing tuning commissioning

training to be considered in the scope of supply

2 All machinery equipments Oxygenother fuel gas for cutting fork lift welding Tools

amp Tackles accessories spares Chemicals consumables Special tools Fixtures and

tackles Workshop and fabrication shop Calibration facility Local transportation and

Internal Transportation storage amp preservation materials Ist fill of Oil lubricants

grease amp other resources etc required for Installation commissioning work to be

arranged by contractor Crane facility for unloading the equipment at the site Space water compressed air and electric Power will be provided by MDL

During Guarantee Warranty period the entire maintenance repair job shall be carried out by

experienced service engineers amp technicians The supply of all necessary tools tackles and

instruments required for the preventive and breakdown maintenance of the equipment covered

by this contract shall be in contractorrsquos scope No sub-contracting will be allowed

26 Spares Post sale product support 1 The Bidder shall assure a continuous supply of spare parts for at least 10 years from

GM(M)MTI2000007617Passivation Station

Page 23 of 45

the date of commissioning of the machine at MDL

2 List of Service centers amp Setup details to be provided

3 Standard accessories required for making itemequipmentmachine operational amp

ready to use should be included in the scope of supply

4 All defective parts spares can either be repaired or replaced by new parts Spares

replaced will be either of same make or equivalent as suggested by the OEM after

consultation with MDL However the total responsibility of the quality of spares supplied or parts repaired shall be with the Contractor

3 If any defective partitemequipment required to be taken out to the service center by

the firm for the further repairing the firm shall be asked to submit the necessary

indemnity bondBG as required Taking out defective partitemequipment from MDL

and bringing back repaired part item equipment to MDL is in the firmrsquos scope of

work The firm has to bear all the transportation charges amp transit insurance

27 Inspection - (a) Receipt Inspection by MDL- MDL inspection cell amp User dept shall carry out necessary

inspection of the items on receipt in the MDL Yard on the basis of an appropriate MDL

Inspection system requirement along with the representative of user dept amp the Inspection

documents submitted by suppliers Any objection raised by MDL inspection team against

quality of material or workmanship shall be satisfactorily corrected by the supplier at his

expenses including replacement as may be required within shortest possible time within 30

days Items damaged during transit shall also be rectified or replaced by the supplier within

shortest possible time

(b) Rejection of the material Any portion of the equipment found defectiverejected the

supplier shall collect the same at his cost from the MDL Yard all incidental charges being

born by supplier (inclusive of custom duty if payable) within 30 days from the date of

intimation to the supplier of such rejection The MDL reserves the rights to dispose off the

rejected item at the end of a total period of 90 days in any manner to the best advantage to the

MDLamp recover storage charges amp any consequential damages from sale proceeds of such

disposal

(c) Final work completion certificate in respect of completion of entire scope of work will be

certified by MDL user dept

28 Purchase Preference for MSE - NA

29 Risk Purchase amp Cancellation of Order (a) If the equipment article service or any portion thereof be not delivered performed by

the scheduled delivery date period any stoppage or discontinuation of ordered supply

awarded contract without written consent by Purchaser or not meeting the required quality

standards the Purchaser shall be at liberty without prejudice to the right of the Purchaser

to recover Liquidated Damages penalty as provided for in these conditions or to any

other remedy for breach of contract to terminate the contract either wholly or to the extent

of such default Amounts advanced or part thereof corresponding to the undelivered

supply shall be recoverable from the Contractor Bidder at the prevailing bank rate of interest

(b) The Purchaser shall also be at liberty to purchase manufacture or supply from stock as it

deems fit other articles of the same or similar description to make good such default and

or in the event of the contract being terminated the balance of the articles of the

remaining to be delivered there under Any excess over the purchase price cost of

manufacture or value of any articles supplied from the stock as the case may be over the

contract price shall be recoverable from the Bidder Vendor Contractor

(c) The Purchaser reserves the right to cancel an order forthwith without any financial

implications on either side if on completion of 50 of the scheduled deliveryCompletion

period the progress of manufactureSupply is not to the satisfaction of Purchaser and

failure on the part of the BidderVendorContractor to comply with the delivery schedule

is inevitable In such an event the BidderVendorContractor shall repay all the advances

GM(M)MTI2000007617Passivation Station

Page 24 of 45

together with interest at prevailing bank rates from the date of receipt of such advances till

date of repayment The title of any property delivered to Purchaser will be reverted to the

BidderVendorContractor at his cost

(d) In case of breach non-compliance of any of the agreed terms amp conditions of order

contract MDL reserves the right to recover consequential damages from the vendor

contractor on account of such premature termination of contract

(e) In case of delay beyond agreed period for liquidated damages or 10weeks from

contractual delivery period whichever is earlier MDL reserves the right to cancel the

order and procure the order items services from any available source at MDLrsquos option amp

discretion and entirely at your risk and cost Extra expenditure incurred by MDL in doing

will be recoverable from Bidder Supplier Contractor

30 Freak Low Quotes In case after opening of price bid of technically cleared firms it is noted that L-1 firm has quoted very low rates and indicates to withdraw from the tender then EMD shall be

forfeited and firm may be given tender holiday including intimation to other PSUs If the rates

quoted are less than MDL estimates by 40 or so and if the difference in rate between L1 and L2

is 30 or more than the firm will have to give additional BG of 20 of the PO value excluding

GST as additional security Bank charges for this additional BG shall be borne by MDL and

reimbursed against proof of payment

31 Indemnity - The Bidder Vendor Contractor his employees licencees agents or Sub-Vendor

Sub-contractor while on site of the Purchaser for the purpose of this contract indemnifies the

Purchaser against direct damage and or injury to the property and or the person of the Purchaser or

that of Purchasers employees agents Sub- Contractors Suppliers occurring and to the extent

caused by the negligence of the Bidder Vendor Contractor his employees licencees agents or

Sub-contractor by making good such damages to the property or compensating personal injury

and the total liability for such damages or injury shall be as mutually discussed and agreed to

You shall hold harmless and keep MDL indemnified against all claims arising as a result of

infringement of any patent rights on account of manufacture sale or use of article covered by

the order

32 MDL reserves the right to consider placement of Order Contract in part or in full against the

tendered quantity or item MDL reserves the right to place order on FOB or CIF basis

33 MDL shall not be bound by any printed conditions or provisions in the sellers bid forms or

acknowledgement of contract invoices packing list and any other documents which purport to

impose any conditions at variance with the tender terms final negotiated amp accepted terms

34 Bidders can participate in online bidding

a) By registering with above referred portal for User ID and password

b) By obtaining class III DSC (Digital Signature Certificate) for secured bidding

35 In case of improper on-line filling of Acceptance Formats for Tender Enquiry Form General

Terms amp Conditions (GTampC) and Standard Terms amp Conditions (STACS) it shall be

presumed that all our tender terms amp conditions are acceptable to you

36 In case of any clarifications bidders are requested to contact the undersigned before the closing

date of the tender Bidders can also contact toll-free customer help line of e-procurement portal

httpseprocuremdlnicin ASP on email id eproc-supportgovin Ph no 0120-4200462 0120-

4001002

Bidders intending to witness the Tender opening shall log on to httpseprocuremdlnicin

using digital signatures for witnessing the opening

GM(M)MTI2000007617Passivation Station

Page 25 of 45

37 We look forward to your participation in on-line bidding by offering your most competitive

and reasonable bid against this tender

Yours faithfully

For MAZAGON DOCK LIMITED

M Tanweer Iqbal

CM(C-MP)

Enclosure - 1 Instructions to the Bidders

Enclosure - 2 Illustrative format amp guideline for quoting prices in online Price Bid

Enclosure - 3 Standard Terms amp Conditions (STACS)

Enclosure - 4 General Terms amp Conditions (GTampC)

Enclosure - 5 Loading Factors

Enclosure - 6 Format of Letter of Credit

Enclosure 7 Bank Guarantee Format for EMD

Enclosure 8 Bank Guarantee Format for SD

Enclosure 9 Bank Guarantee Format for PBG

Enclosure - 10 MDL bank details for NEFTRTGS EMDSD transfer

Enclosure 11 Shipping Instruction for Sea amp Air Consignments

Note These Enclosuredocuments to be down loaded from our Website under below linkpath-

wwwmazagondockgovin gt Tenders gt Shipbuilding gt ldquoEnclosures Related to Tender Documents from Material

Purchase Deptrdquo

GM(M)MTI2000007617Passivation Station

Page 26 of 45

Enclosure ndash 1

Instructions to the Bidders for uploading the Techno-Commercial Bid and the Price Bid through E-

Procurement Portal

bullbullbullbull Official service provider for the website is NIC

E-mail eproc-supportgovin Office Ph No 0120-4200462 0120-4001002 Ph No +91-8826246593

bullbullbullbull Pre-requisites for up-loading the Techno-Commercial Bid

(i) Compatible computer hardware software set-up to access e-procure website

(ii) ldquoDigital Signature Certificaterdquo class III B (DSC) is a must for downloading the tender and uploading

the techno commercial offer from our website httpseprocuremdlnicin

(iii) ldquoDigital Signature Certificaterdquo class III B (DSC) can be obtained from our service provider

bullbullbullbull To ensure availability of above prerequisite is bidders responsibility

(i) It is mandatory to upload the complete techno-commercial offer and the price bid on e-

procurement

(ii) No part of the bid other than original EMD (if applicable) shall be accepted physically hard copy

outside e-procurement

(iii) Price bids shall strictly be uploaded in appropriate allotted place in the tender available in e-

procurement so that it remains secured encrypted unreadable in the system

(iv) In no circumstances the price bids shall be forwarded or uploaded in any other form

(v) Entire responsibility of the uploading of the complete techno-commercial bid along with the price

bid shall be that of the bidder

(vi) No request complaint shall be entertained after the due datetime of the tender

(vii) Non availability of any of the prerequisites or last minute calls seeking clarifications projecting

problems shall not entitle a bidder to seek request for extension of due date

(viii) Any problem with regard to uploading of the tender shall be intimated to NIC at least 24 hours in

advance to the tender closing time amp date However it will not be considered as reason for extension

of due date of the tender

(ix) Request for extension if at all to be made shall be forwarded at least 3 working days in advance to

the tender closing date time with proper reasoning The request shall be put up to the competent

authority for consideration on the merit of the case MDL reserves all rights in this regard amp decision

of MDL shall be binding to the applicant

It is important to note that the bidders can upload their bids right from the time the tender is available

at website It is advisable that the bidder uploads the bid well in time rather than wait till last minute

to avoid situations wherein he is unable to successfully upload the bid for various reasons which

cannot be addressed then due to lack of time

bullbullbullbull Special instructions to Bidders for online bidding

GM(M)MTI2000007617Passivation Station

Page 27 of 45

(i) Bidders should login well in advance to enable them to complete their bid submission before the

closing time of the tender

(ii) Bidders should submit their bid well in advance to avoid last minute frantic calls

(iii) Bidders should follow all the instructions enlisted on the front page of e-procure web page

(iv) Bidders should ensure Hardware amp Software compatibility as well as Digital Signature available on

front page of e-procure web site Request for extension of due date shall not be entertained due to

non-availability of these tools

bullbullbullbull Bidders to participate in on-line bidding

(i) By registering with above referred portal for User ID and password

(ii) By obtaining class III DSC (Digital Signature Certificate) for secured bidding

NOTE In case any vendor intending to respond against the tender and is not having the DSC to facilitate

uploading of his bid should approach the Service Provider at least 10 working days in advance of the tender

closing date requesting DSC The request so made to the Service Provider should simultaneously be

forwarded to MDL Dealing Officer In case the DSC is not received within 3 to 4 working days the GM (M)

be informed and the DSC if not received from the Service Provider three working days in advance for

suitable extension to tender closing date then only the tender due date shall be considered

GM(M)MTI2000007617Passivation Station

Page 28 of 45

Annexure-2

Illustrative format amp guideline for quoting prices in online Price Bid

Below format of price bid will appear online Indigenous bidders to follow instructions given in each respective

cell while quoting their cost in online price bid -

Item Sr no 1

Material Description As per clause No 1

Quantity As per clause No 1

Set Set

Currency INR USD EURO

For Indian Bidder Basic Unit Rate in INR only

For Foreign Bidder CIF Rate to be entered by the foreign

currency

To be quoted

of CGST+SGST or IGST on Basic rate To be quoted

Installation Commissioning Charges per Unit To be quoted

of CGST+SGST or IGST on Installation Commissioning

Charges To be quoted

Inspection Testing Charges per Unit To be quoted

of CGST+SGST or IGST on Inspection Testing Charges To be quoted

GM(M)MTI2000007617Passivation Station

Page 29 of 45

Enclosure-3

STANDARD TERMS AND CONDITIONS (STACS) 101 The word Purchaser refers to MAZAGON DOCK SHIPBUILDERS LIMITED (MDL) a Company

registered under the Indian Companies Act 1913 and it includes its successors or assignees

102 The word BidderVendorContractor means the person firm Company who undertakes to

manufacture and or supply and or undertake work of any nature assigned by the Purchaser from time to time

and includes its successors or assignees

103 The word Owner means the person or authority with whom MAZAGON DOCK SHIPBUILDERS

LIMITED (Purchaser) has contracted to carry out work in relation to which orders are placed by the

Purchaser on the BidderVendorContractor under this contract for supply or manufacture of certain items

and would include Department of Defence Production Ministry of Defence Government of India the Indian

Navy the Coast Guard and any other specified authority

120 GENERAL 121 Unless otherwise indicated specifically by the bidder contractor in his bid it shall be construed as his

acceptance of all the conditions mentioned in this STACS

200 COMMUNICATION amp LANGUAGE FOR DOCUMENTATION 201 Any letter facsimile message e-mail intimation or notice sent to the BidderVendorContractor at the

last known address mentioned in the offer order shall be deemed to be valid communication for the purpose

of the ordercontract Unless stated otherwise by the purchaser Language for communication amp all

documentation shall be same which the Purchaser has used in the tender enquiry

210 PURCHASERrsquoS PROPERTY 211 All property (such as materials drawings documents etc) issued by the Purchaser or any other

individual or firm on behalf of the Purchaser in connection with the contract shall remain confidential being

the property of the Purchaser and the BidderVendorContractor shall undertake to return all such property so

issued and will be responsible for any or all loss thereof and damage thereto resulting from whatever causes

and shall reimburse the Purchaser the full amount of loss and damage

212 On completion of work in any compartment location of the purchaserrsquos premises the

BidderSupplierContractor must ensure that the place is left in a reasonably clean state and all scrap is

transferred to nearby scrap-bins

220 RISK PURCHASE 221 If the equipment article service or any portion thereof be not delivered performed by the scheduled

delivery date period any stoppage or discontinuation of ordered supply awarded contract without written

consent by Purchaser or not meeting the required quality standards the Purchaser shall be at liberty without

prejudice to the right of the Purchaser to recover Liquidated Damages penalty as provided for in these

conditions or to any other remedy for breach of contract to terminate the contract either wholly or to the

extent of such default Amounts advanced or part thereof corresponding to the undelivered supply shall be

recoverable from the Contractor Bidder at the prevailing bank rate of interest

222 The Purchaser shall also be at liberty to purchase manufacture or supply from stock as it deems fit

other articles of the same or similar description to make good such default and or in the event of the contract

being terminated the balance of the articles of the remaining to be delivered there under Any excess over the

purchase price cost of manufacture or value of any articles supplied from the stock as the case may be over

the contract price shall be recoverable from the Bidder Vendor Contractor

230 RECOVERY ADJUSTMENT PROVISIONS 231 Payment made under one order shall not be assigned or adjusted to any other order except to the extent

agreed upon in writing by the Purchaser During the currency of the contract if any sum of money is payable

by the Bidder Vendor Contractor the same shall be deducted from any sum then due or thereafter may

become due to the Bidder Vendor Contractor under the contract or any other contract with the Purchaser

240 ADDITIONAL BANK GUARANTEE In case after opening of price bid of technically cleared firms it is noted that L-1 firm has quoted very low

rates and indicates to withdraw from the tender then EMD shall be forfeited and firm may be given tender

holiday including intimation to other PSUs If the rates quoted are less than MDL estimates by 40 or so and

if the difference in rate between L1 and L2 is 30 or more then the firm will have to give additional BG of

20 of the PO value as additional security Bank charges for this additional BG shall be borne by MDL and

reimbursed against proof of payment

250 INDEMNIFICATION 251 The Bidder Vendor Contractor his employees licencees agents or Sub-Vendor Sub-contractor

while on site of the Purchaser for the purpose of this contract indemnifies the Purchaser against direct

GM(M)MTI2000007617Passivation Station

Page 30 of 45

damage and or injury to the property and or the person of the Purchaser or that of Purchasers employees

agents Sub- Contractors Suppliers occurring and to the extent caused by the negligence of the Bidder

Vendor Contractor his employees licencees agents or Sub-contractor by making good such damages to the

property or compensating personal injury and the total liability for such damages or injury shall be as

mutually discussed and agreed to

260 TRANSFER OF VENDORS CONTRACTORrsquoS RIGHTS 261 The Bidder Vendor Contractor shall not either wholly or partly sell transfer assign or otherwise

dispose of the rights liabilities and obligations under the contract between him and the Purchaser without

prior consent of the Purchaser in writing

270 SUBCONTRACT amp RIGHT OF PURCHASER 271 The Bidder Vendor Contractor under no circumstances undertake or subcontract any work contract

from or to any other Sub-contractor without prior written approval of the Competent Authority of Purchaser

In the event it is found that such practice has been indulged in the contract is liable to be terminated without

notice and the Bidder Vendor Contractor is debarred all from future tender enquiries work orders

However in no circumstances a contractor is permitted to subcontract any part of the contract to the bidders

who had quoted for the concerned tender

280 PATENT RIGHTS 281 The Bidder Vendor Contractor shall hold harmless and keep the Purchaser indemnified against all

claims arising as a result of infringement of any patent copy rights on account of manufacture sale or use of

articles covered by the order

290 AGENTS AGENCY COMMISSION

291 The seller confirms and declares to the buyer that the seller is the original manufacturer or authorized

distributorstockiest of original manufacturer of the stores referred to in this contract and has not engaged any

individual or firm whether Indian or foreign whatsoever to intercede facilitate or in any way to

recommended to the Buyer or any of its functionaries whether officially or unofficially to the award of the

Contract Purchase order to the Seller nor has any amount been paid promised or intended to be paid to any

such individual or firm in respect of any such intercession facilitation or recommendation The Seller agrees

that if it is established at any time to the satisfaction of the Buyer that the present declaration is in any way

incorrect or if at a later stage it is discovered by the Buyer that the Seller has engaged any such

individualfirm and paid or intended to pay any amount gift reward fees commission or consideration to

such person party firm or institution whether before or after the signing of this Contract Purchase order

the Seller

will be liable to refund that amount to the Buyer

Tender no GM (M)GRA2000007246 Page 16 of 26

The seller will also be debarred from participation in any RFQTender for new projectsprogram with Buyer

for a minimum period of five years

The buyer will also have a right to consider cancellation of the Contract either wholly or in part without any

entitlement or compensation to the Seller who shall in such event be liable to refund all payments made by

the buyer in terms of the Contract along with interest at the rate of 2 per annum above LIBOR (London

Inter Bank Offer Rate) (for foreign vendors) and base rate of SBI plus 2 (for Indian Vendors)

The Buyer will also have the right to recover any such amount from any contracts concluded earlier with

Buyer

300 USE OF UNDUE INFLUENCE CORRUPT PRACTICES

301 The Bidder Supplier Contractor undertakes that he has not given offered or promised to give directly

or indirectly any gift consideration reward commission fees brokerage or inducement to any person in

service of the Purchaser or otherwise in procuring the contract or forbearing to do or for having done or

forborne to do any act in relation to the obtaining or execution of the Contract with the Purchaser for showing

or forbearing to show favour or disfavour to any person in relation to the Contract or any other Contract with

the Purchaser Any breach of the aforesaid undertaking by the Bidder Supplier Contractor or any one

employed by him or acting on his behalf (whether with or without the knowledge of the Bidder Supplier

Contractor) or the commission of any offence by the Bidder Supplier Contractor or any one employed by

him or acting on his behalf as defined in Chapter IX of the Indian Penal Code 1980 or the Prevention of

Corruption Act 1947 or any other Act enacted or the prevention of corruption shall entitle the Purchaser to

cancel the contract and all or any other contracts with the Bidder Contractor Supplier and recover from the

Bidder Supplier Contractor the amount of any loss arising from such cancellation Decision of the

Purchaser or his nominee to the effect that a breach of the undertaking has been committed shall be final and

binding on the Bidder Supplier Contractor

302 The Bidder Supplier Contractor shall not offer or agree to give any person in the employment of

GM(M)MTI2000007617Passivation Station

Page 31 of 45

Purchaser any gift or consideration of any kind as Inducement or reward for doing or forbearing to do or

for having done or forborne to do any act in relation to the obtaining or execution of the contracts Any

breach of the aforesaid condition by the Bidder Supplier Contractor or any one employed by them or

acting on their behalf (whether with or without the knowledge of the Bidder Supplier Contractor) or the

commission of any offence by the Bidder Supplier Contractor or by any one employed by them or acting

on their behalf which shall be punishable under the Indian Penal Code 1980 andor the Prevention of

Corruption by Public Servants shall entitle Purchaser to cancel the contracts and all or any other contracts

and then to recover from the Bidder Supplier Contractor the amounts of any loss arising from such

contracts cancellation including but not limited to imposition of penal damages forfeiture of Security

Deposit encashment of the Bank Guarantee and refund of the amounts paid by the Purchaser

303 In case it is found to the satisfaction of the Purchaser that the Bidder Supplier Contractor has

engaged an Agent or paid commission or influenced any person to obtain the contract as described in clauses

relating to Agents Agency Commission and use of undue Influence the Bidder Supplier Contractor on a

specific request of the Purchaser shall provide necessary information inspection of the relevant financial

document information

310 IMMUNITY OF GOVERNMENT OF INDIA CLAUSE 311 It is expressly understood and agreed by and between Ms (Bidder Supplier Contractor) and

MAZAGON DOCK SHIPBUILDERS LIMITED Dockyard Road Mumbai - 400 010 (MDL) is entering

into this Agreement solely on its own behalf and not on the behalf of any person or entity In particular it is

expressly understood and agreed that the Government of India is not a party to this Agreement and has no

liabilities obligations or rights hereunder It is expressly understood and agreed that MDL is an independent

legal entity with power and authority to enter into contracts solely in its own behalf under the applicable of

Laws of India and general principles of Contract Law The (Bidder Supplier Contractor) expressly agrees

acknowledges and understands that MDL is not an agent representative or delegate of the Government of

India It is further understood and agreed that the Government of India is not and shall not be liable for any

acts omissions and commissions breaches or other wrongs arising out of the contract Accordingly (Bidder

Supplier Contractor) hereby expressly waives releases and foregoes any and all actions or claims including

cross claims impleader claims or counter claims against the Government of India arising out of this contract

and covenants not to sue Government of India in any manner claim cause of action or thing whatsoever

arising of or under this Agreement

320 EXPORT LICENCE 321 The export licenses that may be required for delivery of the various itemsequipment to MDL shall be

arranged by the Bidder Supplier Contractor from the concerned authorities in their country without any

time amp cost implications on the Purchaser

330 BANNED OR DE-LISTED CONTRACTORS VENDORS 331 The Bidder Vendor Contractor declares that they being Proprietors Directors Partners have not

been any time individually or collectively blacklisted or banned or de-listed by any Government or quasi

Government agencies or PSUs If a bidderrsquos entities as stated above have been blacklisted or banned or delisted

by any Government or quasi Government agencies or PSUs this fact must be clearly stated and it may

not necessarily be a cause for disqualifying him

340 DUTY OF PERSONNEL OF SUPPLIERVENDOR 341 MDL being a Defence Organization Bidder Vendor Contractor undertakes that their personnel

deployed in connection with the entrusted work will not indulge in any activities other than the duties

assigned to them

350 DISPUTE RESOLUTION MECHANISM AND ARBITRATION

351 DISPUTE RESOLUTION MECHANISM (DRM) i) Any disputedifferences between the parties arising out of and in connection with the contract shall be

settled amicably by mutual negotiations

ii) In case of non-settlement by (i) above if at any time before during or after the contract period any

unsettled claim dispute or difference arose between the parties upon or in relation to or in connection with

or in any way touching or concerning this tenderagreementordercontract the same shall be referred to the

concerned Functional Director

The Functional Director shall then nominate an Executive of the rank of General Manager whom he thinks fit

and competent or a Committee of Executives whowhich shall then scrutinise the claimsdisputes that have

been referred to the concerned functional Director and make efforts for amicable settlements by mutual

discussionsnegotiations

iii) In case no amicable settlement is arrived by (ii) above within a period of three months then the contractor

shall approach Public Grievance Cell and address the disputes as per the provisions made under the relevant

GM(M)MTI2000007617Passivation Station

Page 32 of 45

clause of the contract

iv) In case the issuesdisputes do not get settled within a period of six months from the date of

submission of the dispute to the Grievance Cell then the contractor may invoke Arbitration Clause of the

contract

352 ARBITRATION Unresolved disputesdifferences if any shall then be settled by arbitration The

Arbitration proceedings shall be conducted at Mumbai India in English Language under the Arbitration amp

Conciliation Act 1996

MDL prefers to have arbitration through Institutes such as Indian Council of Arbitration (ICA)ICA-DR with

the mutual consent of the parties

353 In case of unresolved differencedispute between the Purchaser and Supplier being Central Public

Sector EnterprisesCentral Govt departments the disputes shall be resolved firstly through mutual discussion

or through the empowered agencies of the Govt or through arbitration by reference by either party to the

department of Public Enterprises as per extant guidelines If disputesdifferences remain

unresolvedunexecuted the same shall be referred first to the Cabinet Secretariat and then if necessary to the

PMO

354 Any changes to arbitration clause must be vetted by HOD (Legal) before incorporation in

contractPO

360 JURISDICTION OF COURTS 361 All contracts shall be deemed to have been wholly made in Mumbai and all claims there under are

payable in Mumbai City and it is the distinct condition of the order that no suit or action for the purpose of

enforcing any claim in respect of the order shall be instituted in any Court other than that situated in Mumbai

City Maharashtra State India ie courts in Mumbai shall alone have jurisdiction to decide upon any dispute

arising out of or in respect of the contract

-----------------------

GM(M)MTI2000007617Passivation Station

Page 33 of 45

Enclosure-4

GENERAL TERMS amp CONDITIONS (GTampC)

A10 Blank

A20 SECURITY DEPOSIT A21 The successful bidder shall submit a Security Deposit 5 of the contract order value (excluding

taxes duties freight service component) of the Order in the form of Demand Draft Bank Guarantee in the

prescribed format in favour of Purchaser within 25 days from date of Contract The Security Deposit will be

returned only after the successful execution of the order contract Refund of Security Deposit whenever

considered admissible by the Purchaser shall be without interest only

A30 FORFEITURE OF EMD BID BOND A31 In cases of withdrawal of bid during validity period or during any extension granted thereof non

acceptance of agreed conditions of Technical and or Commercial and or Price Negotiations non-submission

of the security deposit and or non-acceptance of the order the EMD or bid security will be forfeited or

encashed as the case may be

A40 FORFEITURE OF SECURITY DEPOSIT A41 Non-performance of agreed terms and or defaultbreach by BidderVendorContractor will result in

forfeiture of security deposit with application of risk purchase provisions as felt appropriate by the Purchaser

A50 FORFEITURE OF PERFORMANCE GUARANTEE A51 In the event of BidderVendorContractor failure to attend the Guarantee defects within a reasonable

period of time the Performance Bank Guarantee will be encashed by the Purchaser The Purchaserrsquos decision

shall be final and binding on BidderVendorContractor

A60 SUPPLIES A61 The equipment products items Services to be supplied shall be strictly in accordance with the

Drawings Specifications Requirements indicated in the Tender Enquiry Order with deviations if any as

mutually accepted

A70 PROGRESS REPORTING amp MONITORING A71 Where so stipulated in the order the Bidder Supplier Contractor shall render such reports from time

to time as regards the progress of the contract and in such a form as may be called for by the Purchaser

A80 CANCELLATION OF ORDER A81The Purchaser reserves the right to cancel an order forthwith without any financial implications on either

side if on completion of 50 of the scheduled deliveryCompletion period the progress of

manufactureSupply is not to the satisfaction of Purchaser and failure on the part of the

BidderVendorContractor to comply with the delivery schedule is inevitable In such an event the

BidderVendorContractor shall repay all the advances together with interest at prevailing bank rates from the

date of receipt of such advances till date of repayment The title of any property delivered to Purchaser will

be reverted to the BidderVendorContractor at his cost

A82 In case of breach non-compliance of any of the agreed terms amp conditions of order contract MDL

reserves the right to recover consequential damages from the vendor contractor on account of such

premature termination of contract

A83 In case of delay beyond agreed period for liquidated damages or 10weeks from contractual delivery

period whichever is earlier MDL reserves the right to cancel the order and procure the order items services

from any available source at MDLrsquos option amp discretion and entirely at your risk and cost Extra expenditure

incurred by MDL in doing will be recoverable from Bidder Supplier Contractor

A90 PRESERVATION AND MAINTENANCE

A91 Should any material require any preservation till its final installationfitment the detailed procedure

(Long term amp short term) for the same as also the time of interval after which the state of preservation needs

to be reviewed is to be stated by the BidderVendorContractor

A92 Further the de-preservation prior to the materialequipment being commissioned and the maintenance

procedure together with its periodicity is also to be indicated by the Bidder Vendor Contractor

A93 The Bidder Vendor Contractor in their offer must confirm that indigenous oil lubricants and

preservatives etc can be used in the equipment The bidder must also give assurance that the equipment

performance will not be downgraded by use of indigenous equivalents

A100 FREIGHT amp INSURANCE

A101 For Indigenous Bidders In cases where the offers are for Door Delivery to Purchaser transit freight

amp Insurance charges shall be borne by the Bidder Supplier Contractor In other agreed cases of Ex-works

Ex-Transporters warehouse or Railway godown offers the Bidder Supplier Contractor on dispatch shall

give details of materials with dispatch particulars and their value in time to Purchasers Insurance Company

GM(M)MTI2000007617Passivation Station

Page 34 of 45

on the contact details as provided in the order In such agreed cases the freight amp insurance charges will be

paid by the purchaser directly to the parties concerned

A102 For Foreign Bidders For overseas supplies on CIF port of dispatch basis Transit Insurance shall be

arranged by the Purchaser The Bidder Supplier Contractor shall immediately on despatch of the

items inform all relevant details of despatch such as Order number Bill of LadingAWB number

marked as Freight Paid Insurance policydocument number of packages value of consignment

invoice number in time directly to Purchasers Insurance company amp Purchaser on the contact details

as provided in the order In case of delivery term other than CIFCIP the freight amp insurance charges

will be paid by the purchaser directly to the parties concerned

A110 TAXES amp DUTIES STATUTORY LEVIES A111 Taxes and duties applicable if any shall be regularized by MDL by issuing necessary exemption

certificates in respect of procurement for Defence Projects Bidder shall indicate separately the GST and

duties applicable in their offer When the items qualify for exemption partlyfully but the supplier did not

avail of the same the amount of taxes and duties on such supplies shall be to supplierrsquos account In cases

where exemption certificates are not issued for any reason taxes shall be paid as indicated in the Purchase

OrderContract Tax deduction at source will be effected wherever applicable (eg TDS under Income tax

Act TDS on Works Contract under GST Act etc) from the bills of the Supplier as per statutes Similarly

where payment of Custom duty is agreed to and stipulated in the Purchase Order Contract the same will be

paid by the Purchaser on receipt of supplierrsquos bills along with Custom Certified Duty Paid Challan-Money

Receipt in original or carbon copy as relevant These Challans Receipts Bill of Entry are to be drawn issued

in the name of lsquoMAZAGON DOCK SHIPBUILDERS LIMITEDrsquo only Where payment of GST is agreed to

and stipulated in the Purchase Order Contract the same will be paid by the Purchaser on the basis of

Suppliers TAX INVOICE wherein the GST Number along with HSN SAC code is indicated in the Invoice

A120 DEMURRAGE A121 Storage and Demurrage charges will be payable by the Bidder Vendor Contractor for all shipments

that reach purchaser without proper dispatch documentations Lorry Receipts not accompanied by packing

lists invoices etc The Supplier shall be responsible for fines due to errors or omissions in description weight

or measurements and for increased handling charges due to improper packing

A130 INSPECTION TESTING A131The ordered items will be inspected either by Classification Society Nominated Agency and or by

Inspection Officer nominated by Purchaser at stages defined in the tender Purchase Order or as agreed to be

defined subsequently in terms of the Purchase Order

A132 The decision of the Inspecting Authority or their representatives as the case may be on any question

of the intent meaning and the scope of Specifications Standards shall be final conclusive and binding on

the Bidder Vendor Contractor

A133 The Bidder Vendor Contractor shall accord all facilities to Purchasers Inspectors Nominated

Agency to carry out Inspection Testing during course of manufacture final testing

A140 RECEIPT INSPECTION BY MDL A141 MDL shall carry out necessary inspection of the items on receipt on the basis of an appropriate quality

assurance system and inspection system requirements along with representative of the Owner Any objection

raised by MDL Quality Control Team against quality of materials or workmanship shall be satisfactorily

corrected by the Contractor at his expense including replacement as may be required within shortest possible

time within 30 days Items damaged during transit shall also be rectified replaced by the Contractor within

shortest possible time payment for which shall be made at mutually agreed rates

A150 REJECTION OF MATERIALS A151 Should the articles or any portion thereof of the equipment be found defective rejected the Bidder

Vendor Contractor shall collect the same from the Purchasers Stores all incidental charges being borne by

him (inclusive of Custom duty if payable) within 30 days from the date of intimation to the Bidder Vendor

Contractor of such rejection The Purchaser reserves the right to dispose off the rejected items at the end of

a total period of 90 days in any manner to the best advantage to the Purchaser and recover storage charges

and any consequential damages from sale proceeds of such disposal

A160 TECHNOLOGICAL DEVELOPMENTS MODIFICATIONS

A161 The Bidder Supplier Contractor shall unconditionally and free of cost to the Purchaser transfer

information on technological developments innovations modifications which the BidderSupplier

Contractor would evolve in future (within 3 years) in relation to the supplied equipment To enable this the

Purchasers address shall be added to the Bidder Supplier Contractorrsquos mailing list or database or any other

document maintained for dissemination of product information and the Purchaser shall be informed of the

GM(M)MTI2000007617Passivation Station

Page 35 of 45

action taken in this regard If such improvements modifications are brought in by the Bidder Supplier

Contractorrsquos Design Department in the course of manufacture of equipment ordered by the Purchaser the

Bidder Supplier Contractor shall incorporate such improved versions in the equipment without any extra

cost to the Purchaser under Purchaserrsquos prior consent

A162 If the Purchaser be desirous of getting incorporated all post supply modifications improvements

arising out of technological developments to the original equipment supplied by the Bidder Supplier

Contractor the Bidder Supplier Contractor shall quote for and carry out all such modifications to the

equipment

A163 Where the whole or a portion of the equipment has been specifically developed by the Bidder

Supplier Contractor for the Owner and the latter would through the Purchaser be bearing the entire or part

of the development cost incurred by the Bidder Supplier Contractor the design rights for the whole or

portion thereof of the equipment as appropriate shall vest in the Owners

A164 Prior approval of the Owner should be obtained before similar articles are sold supplied to any other

party other than the Owner If such approval is given and sale is effected the Bidder Supplier Contractor

shall pay to the Owner royalty at the rate mutually agreed to

A165 The Sub-contractor Supplier Supplier shall continue to support the equipment for a minimum period

of 20 years from the date of supply by making available spare parts and assemblies of the equipment

supplied Should the Sub-contractor Supplier Supplier decides to discontinue the product for any reason

whatsoever adequate notice shall be given to the Purchaser Owner to enable procurement of the requisite

lifetime spares

A170 PURCHASERrsquoS RIGHT TO ACCEPT ANY BID PART OF BID AND TO REJECT ANY OR

ALL BIDS A171 The Purchaser reserves the right to accept and or reject any or all tenders and or to withdraw the tender

in Toto and or award the contract order in full or part to more than one vendor contractor without

assigning any reason whatsoever and without thereby incurring any liability to the affected Bidder or Bidders

or any obligations to inform the affected Bidder or Bidders of the grounds for MDL action

A180 BANK GUARANTEE INSURANCE COVER FOR FREE ISSUE MATERIAL A181 The Bidder Supplier Contractor shall furnish Bank Guarantee insurance Cover equivalent to the

value of materials supplied by MDL free of cost valid up to the execution of the contract delivery of

material inspected accepted and receipt at MDL together with the material reconciliation statement

whichever is later

A190 BIDDERrsquoS RESPONSE IN CASE OF NO PARTICIPATION A191 The Sub-contractor Supplier Vendor shall inform the Purchaser in advance in case he is unable to

participate in the tender for whatsoever reason Failure to comply with this will be viewed seriously and

consecutive three failures on the part of Sub-contractor Supplier Vendor to do so is liable for

disqualification debarring of the Sub-contractor Supplier Vendor from all future tender enquiries and or

delisting from the list of Approved Registered Vendors

A230 PREFERENCETIAL PURCHASE FROM MSE VENDORS ndash Not Applicable MDL has right to place order on MSE firm meeting following criteria

In tenders if participating MSEs quoted prices are within price band of L1+15 such MSEs shall also be

allowed to supply a portion up to 20 of requirement by bringing down their prices to L1 price where L1 is

non MSEs If more than 1 MSEs fall under such criteria then this 20 shall be distributed proportionally

This preference shall not be applicable where MSE firm is L1 firm out of 20 percent target of annual

procurement from Micro and Small Enterprises a sub-target of 20 percent (ie 4 percent out of 20 percent)

shall be earmarked for procurement from Micro and Small Enterprises owned by the Scheduled Caste or the

Scheduled Tribe Entrepreneurs In respect of items reserved for MSE extant guidelines shall be followed

Presently Circular No SO 581(E) dated 23032012 is applicable

GM(M)MTI2000007617Passivation Station

Page 36 of 45

Annexure-5

LOADING FACTORS A

Sr

No

Description Foreign Supplier

100 import content

Indigenous

Supplier with part

Import content

Indigenous

Supplier without

Import content

1 Basic Price Quoted

CIF

a a Ex Works

b b Delivered to

MDL Stores

a Ex Works

b Delivered to

MDL Stores

2 Add Insurance Charges Nil In case of 1 (a) In case of 1 (a)

3 Add Sea Air Freight charges

Inland Road Transport Nil In case of 1 (a) In case of 1 (a)

4

Customs Clearance Port

Handling Transportation to

Yard

Applicable NIL NIL

5

Cost (ex-MDL) excluding taxes

amp duties without loading

towards any deviations

CIF price +

SrNo4 Sr Nos (1+2+3) Sr Nos (1+2+3)

B LOADINGS DUE TO VARIATIONS IN FINANCIAL TERM

6 Variation in payment Terms

Varied payment terms quoted by bidders as compared to the terms stated

in the tender document shall be normalized on the amount(s) at variation

and or for the period (in no of days) at variation by adopting the Prime

Lending Rate of State Bank India plus 2 thereon incase of indigenous

bidders and LIBOR EURIBOR rates in case of foreign bidders

7

Income tax amp Service Tax on

Technical Services Service

Engineers liability to MDL

Normalization shall be done in respect of the amount of tax that have to

be borne by the Company

8 Production norms such as

scrap output ndash input ratio

9 Base date for price variation

clause

1

0

Cost (ex-MDL) excluding taxes

amp duties after loading for

variations in financial term

(SR Nos 5 + 6 + 7 + 8 + 9)

C LOADING ON ACCOUNT OF DEVIATIONS IN FOLLOWING COMMERCIAL TERMS

11

Security Deposit Contract

Performance Guarantee Mandatory

12

Equipment Performance

Guarantee Mandatory

13

Additional delivery period

sought over stipulated period as

per Tender

For the additional period sought by the bidder over the stipulated date of

delivery as per tender 050 per week for delayed period will be loaded

to the quoted price if the period under variation does not lead to bid

rejection criteria 14 Additional time sought for

supplying binding data

15 Liquidated damages per week

rate Maximum Ceiling

If bidder seeks less than 5 (Max ceiling) then the difference will be

loaded

The rate of LD per week or part thereof is 05 If bidder seeks say 04

per week or part thereof then Max Ceiling of LD will be equated to

weeks (Say 10 weeks) then LD proposed by bidder works out to 10 X 04

= 4 then 1 will be loaded

16 Warranty Guarantee

Deviations in respect of the period of Warranty shall be loaded to the

quoted price 025 per month or part thereof This does not arise if

the bidder quotes additional price for the differential period

GM(M)MTI2000007617Passivation Station

Page 37 of 45

17

Cost (Ex-MDL) excluding taxes

amp duties after loading for

variations on account of

financial and commercial terms

Sr Nos 10 + 11 + 12 + 13 + 14 + 15 + 16

D LANDED COST

18

Taxes amp Duties

19

Landed Cost Sr Nos 17 + 18

GM(M)MTI2000007617Passivation Station

Page 38 of 45

Annexure-6

LETTER OF CREDIT FORMAT FOR SHIPMENT BY SEA AIR

40A Form of Documentary Credit Type IRREVOCABLE

20 Transaction Reference Number Documentary

Credit Number

31C Date of Issue Date

31D Date and Place of Expiry Date

Place NEGOTIATING BANK

51A Applicant Bank BIC BANKERS OF MDLMUMBAI

50 Applicant Name amp Address MAZAGON DOCK SHIPBUILDERS LTD

DOCKYARD ROAD MAZAGON MUMBAI ndash

400 010

59 Beneficiary Name amp Address

32B Currency Code Amount

Currency

Amount

39A Percentage Credit Amount Tolerance

Tolerance 1

Tolerance 2

41D Available with hellipByhellip Name amp Address

42C Draft at hellip Narrative SIGHTNEGOTIATION

42D Drawee Name amp Address BANKERS OF MDLMUMBAI

43P Partial Shipments Narrative ALLOWEDNOT ALLOWED

43T Transhipment Narrative ALLOWEDNOT ALLOWED

44A Loading on Board Dispatch Narrative AIRPORT SEAPORT (AS PER TENDER

ENQUIRYORDER)

44B For Transportation to Narrative AIRPORT SEAPORT (AS PER TENDER

ENQUIRYORDER)

44C Latest Date of Shipment Date

46A Documents required Narrative (AS PER TENDER ENQUIRY)

47A Additional conditions Narrative 1 ALL DOCUMENTS SHOULD BE MARKED

WITH IEC CODE NO0388070412 LC NO

AND DATE AND IMPORT UNDER NON-

NEGATIVE LIST OF IMPORT EXPORT

POLICY AM

2 DISCREPANT DOCUMENTS TO BE SENT

STRICTLY ON COLLECTION BASIS

71B Details of charges Narrative ALL FOREIGN BANK CHARGES OUTSIDE

INDIA ARE FOR THE BENEFICIARYrsquoS

ACCOUNT

48 Period for presentation

Narrative

WITHIN ----- DAYS FROM THE DATE OF

BILL OF LADING AIRWAY BILL 49 Confirmation instructions

Instruction

WITHOUT

53D Reimbursing Bank

Name amp Address

BANKERS OF MDL WILL SPECIFY

78 Instructions to the Paying Accepting Bank

Narrative

BANKERS OF MDL WILL SPECIFY 72 Sender to Receiver Information

Narrative

BANKERS OF MDL WILL SPECIFY

GM(M)MTI2000007617Passivation Station

Page 39 of 45

Enclosure-7

PROFORMA BANK GUARANTEE FOR BID BOND EMD

(On Non-Judicial stamp paper of value Rs 500-)

IN CONSIDERATION OF MAZAGON DOCK SHIPBUILDERS LIMTED a company incorporated under the Companies Act 1956 and having its registered office at Dockyard Road Mumbai 400010 (hereinafter referred to as

the ldquothe Companyrdquo which expression shall unless it be repugnant or contrary to the subject or context thereof be

deemed to mean and include its successors and assigns) having agreed to accept the Earnest Money Deposit (EMD)

of Rs--------------------------- -------(Rupees-----------------------------only) in the form of Bank Guarantee from Messers

a partnership firmsole proprietor businessa company registered under the Companies Act 1956

having its office at (hereinafter called the tenderer which expression shall unless it be

repugnant or contrary to the subject or context thereof be deemed to mean and include its successors and assigns) for

participating in the Tender nodated (hereinafter called the tender which expression

shall include any amendmentsalterations to the tender issued by the Company) for the supply delivery at site

installation and commissioning of certain equipment itemservicescivil works etc We

Bank having office at (hereinafter referred to as ldquothe Bankrdquo which

expression shall includes its successors and assigns) hereby agree to pay to the Company without any demur on first

demand an amount not exceeding Rs (Rupeesonly) against any loss or damage costs charges and expenses caused to or suffered by the Company by reason of non performance and non-fulfilment or for

any breach on the part of the tenderer of any of the terms and conditions of the said tender

2 We Bank further agree that the Company shall be sole judge whether the said tenderer has

failed to perform or fulfil the said tender in terms thereof or committed breach of any terms and conditions of the

tender the extent of loss damage cost charges and expenses suffered or incurred or would be suffered or incurred by

the Company on account thereof and we waive in the favour of the Company all the rights and defences to which we

as guarantors may be entitled to

3 We Bank further agree that the amount demanded by the Company as such shall be final and

binding on the Bank as to the Bank s liability to pay and the amount demanded and the Bank undertake to pay the

Company the amount so demanded on first demand and without any demur notwithstanding any dispute raised by the

tenderer or any suit or other legal proceedings including arbitration pending before any court tribunal or arbitrator

relating thereto our liability under this guarantee being absolute and unconditional

4 We Bank further agree with the Company that the Company shall have the fullest liberty

without our consent and without affecting in any manner our obligations hereunder to vary any of the terms and

conditions of the said tenderor to extend time of performance by the tenderer from time to time or to postpone for

any time to time any of the powers exercisable by the Company against the tenderer and to forbear to enforce any of

the terms and conditions relating to the tender and we shall not be relieved from our liability by reason of any such

variation or extension being granted to the tenderer or for any forbearance act or omission on the part of the

Company or any indulgence by the Company to the tenderer or by any such matter or things whatsoever which under

the law relating to sureties would have the effect of relieving us

5 We Bank further undertake not to revoke this guarantee during its currency except with

the previous consent of the Company in writing

6 We Bank also agree that the Bankrsquos liability under this guarantee shall not be affected

by any change in the constitution of the tenderer or dissolution or winding up of the business of the tenderer

7 Notwithstanding anything contained herein above

i) Our liability under this guarantee shall not exceed Rs

ii) This Bank Guarantee shall be valid upto and including and

iii) We are liable to pay the guarantee amount or any part thereof under this Bank Guarantee only and only if you

serve upon us a written claim or demand on or before helliphelliphellip (validity + --- weeks from the date of expiry of this

guarantee)

8 This Guarantee shall be governed by Indian laws and the Courts at Mumbai India shall have the exclusive

jurisdiction

GM(M)MTI2000007617Passivation Station

Page 40 of 45

IN WITNESS WHEREOF the Bank has executed this document on this day

of

For Bank

(by its constituted attorney

or the person authorized to sign)

(Signature of a person authorized

to sign on behalf of the Bank)

GM(M)MTI2000007617Passivation Station

Page 41 of 45

Enclosure-8

PROFORMA BANK GUARANTEE FOR SECURITY DEPOSIT (ILLUSTRATIVE FORMAT)

(On Non-Judicial stamp paper of value Rs 500)

IN CONSIDERATION OF MAZAGON DOCK SHIPBUILDERS LIMTED a company incorporated under the

Companies Act 1956 and having its registered office at Dockyard Road Mumbai 400010 (hereinafter referred to as

the ldquothe Purchaserrdquo which expression shall unless it be repugnant or contrary to the subject or context thereof be

deemed to mean and include its successors and assigns) having placed an order on Messers

a partnership firmsole proprietor businessa company registered under the Companies Act 1956

having its office at (hereinafter called the Contractor Supplier which expression shall unless it

be repugnant or contrary to the subject or context thereof be deemed to mean and include its successors and assigns)

vide order No dated (hereinafter called the order which expression shall include any

amendmentsalterations to the order issued by the Purchaser) for the supply delivery at site installation and

commissioning of certain equipment itemservicescivil works etc as stated in the said Order and the Purchaser

having agreed with the ContractorSupplier to accept a Bank Guarantee in lieu of Security Deposit payable under the

said order for the fulfilment and performance of the said order We Bank having

office at (hereinafter referred to as the Bank which expression shall includes its

successors and assigns) hereby agree to pay to the Purchaser without any demur on first demand an amount not

exceeding Rs (Rupeesonly) being 5 of the order value against any loss or damage costs

charges and expenses caused to or suffered by the Purchaser by reason of non performance and non-fulfilment or for

any breach on the part of the Contractor Supplier of any of the terms and conditions of the said order

2 We Bank further agree that the Purchaser shall be sole judge whether the said

contractorSupplier has failed to perform or fulfil the said order in terms thereof or committed breach of any terms

and conditions of the order and the extent of loss damage cost charges and expenses suffered or incurred or would

be suffered or incurred by the Purchaser on account thereof and we waive in the favour

of the Purchaser all the rights and defences to which we as guarantors may be entitled to

3 We Bank further agree that the amount demanded by the Purchaser as such shall be final and

binding on the Bank as to the Bank s liability to pay and the amount demanded and the Bank undertake to pay the

Purchaser the amount so demanded on first demand and without any demur notwithstanding any dispute raised by the

ContractorSupplier or any suit or other legal proceedings including arbitration pending before any court tribunal or

arbitrator relating thereto our liability under this guarantee being absolute and unconditional

4 We Bank further agree with the Purchaser that the Purchaser shall have the fullest liberty

without our consent and without affecting in any manner our obligations hereunder to vary any of the terms and

conditions of the said orderor to extend time of performance by the Supplier from time to time or to

postpone for any time to time any of the powers exercisable by the Purchaser against the Contractor Supplier and to

forbear to enforce any of the terms and conditions relating to the order and we shall not be relieved from our liability

by reason of any such variation or extension being granted to the Contractor Supplier or for any forbearance act or

omission on the part of the Purchaser or any indulgence by the

Purchaser to the ContractorSupplier or by any such matter or things whatsoever which under the law relating to

sureties would have the effect of relieving us

5 We Bank further undertake not to revoke this guarantee during its currency except with

the previous consent of the Purchaser in writing

6 We Bank also agree that the Bankrsquos liability under this guarantee shall not be affected

by any change in the constitution of the Contractor Supplier or dissolution or winding up of the business of the

contractor supplier

7 Notwithstanding anything contained herein above

i) Our liability under this guarantee shall not exceed Rs

ii) This Bank Guarantee shall be valid upto and including and

GM(M)MTI2000007617Passivation Station

Page 42 of 45

iii) We are liable to pay the guarantee amount or any part thereof under this Bank Guarantee only and only if you

serve upon us a written claim or demand on or before helliphelliphelliphellip(validity + ---weeks from the date of expiry of this

guarantee)

8 This Guarantee shall be governed by Indian laws and the Courts at Mumbai India

shall have the exclusive jurisdiction

IN WITNESS WHEREOF the Bank has executed this document on

this day of

For Bank

(by its constituted attorney)

(Signature of a person authorised

to sign on behalf of the Bank)

GM(M)MTI2000007617Passivation Station

Page 43 of 45

Enclosure-9

PROFORMA BANK GUARANTEE FOR PERFORMANCE (ILLUSTRATIVE FORMAT)

(On Non-Judicial stamp paper of value Rs 500-)

IN CONSIDERATION OF MAZAGON DOCK SHIPBUILDERS LIMTED a company incorporated under the

Companies Act 1956 and having its registered office at Dockyard Road Mumbai 400010 (hereinafter referred to as

the ldquothe Purchaserrdquo which expression shall unless it be repugnant or contrary to the subject or context thereof be

deemed to mean and include its successors and assigns) having placed an order on Messers a

partnership firmsole proprietor businessa company registered under the Companies Act 1956 having its Registered

office at (hereinafter called the Contractor Supplier which expression shall unless it be

repugnant or contrary to the subject or context thereof be deemed to mean and include its successors and assigns)

vide order No dated (hereinafter called the order which expression shall include any

amendmentsalterations to the order issued by the Purchaser) for the supply delivery at site installation and

commissioning of certain equipment itemservicescivil works etc as stated in the said Order and the Purchaser

having agreed that the Contractor Supplier shall furnish a security for the performance of the Contractorrsquos

Suppliers obligations andor discharge of the Contractorrsquos Suppliers liability in connection with the said order and

the Purchaser having agreed with the ContractorSupplier to accept a performance guarantee We

Bank having office at (hereinafter referred to as the

Bank which expression shall includes its successors and assigns) hereby agree to pay to the Purchaser without any

demur on first demand an amount not exceeding Rs (Rupeesonly) being 10 of the order

value against any loss or damage costs charges and expenses caused to or suffered by the Purchaser by reason of

non-performance and non-fulfilment or for any breach on the part of the Contractor Supplier of any of the terms and

conditions of the said order

2 We Bank further agree that the Purchaser shall be sole judge whether the said

ContractorSupplier has failed to perform or fulfil the said order in terms thereof or committed breach of any terms

and conditions of the order and the extent of loss damage cost charges and expenses suffered or incurred or would

be suffered or incurred by the Purchaser on account thereof and we waive in the favour of

the Purchaser all the rights and defences to which we as guarantors may be entitled to

3 We Bank further agree that the amount demanded by the Purchaser as such shall be final and

binding on the Bank as to the Bank s liability to pay and the amount demanded and the Bank undertake to pay the

Purchaser the amount so demanded on first demand and without any demur otwithstanding any dispute raised by the

ContractorSupplier or any suit or other legal proceedings including arbitration pending before any court tribunal or

arbitrator relating thereto our liability under this guarantee being absolute and unconditional

4 We Bank further agree with the Purchaser that the Purchaser shall have the fullest liberty

without our consent and without affecting in any manner our obligations hereunder to vary any of the terms and

conditions of the said orderor to extend time of performance by the Supplier from time to time or to postpone for

any time to time any of the powers exercisable by the Purchaser against the Contractor

Supplier and to forbear to enforce any of the terms and conditions relating to the order and we shall not be relieved

from our liability by reason of any such variation or extension being granted to the Contractor Supplier or for any

forbearance act or omission on the part of the Purchaser or any indulgence by the Purchaser to the

ContractorSupplier or by any such matter or things whatsoever which under the law

relating to sureties would have the effect of relieving us

5 We Bank further undertake not to revoke this guarantee during its currency except with

the previous consent of the Purchaser in writing

6 We Bank also agree that the Bankrsquos liability under this guarantee shall not be affected

by any change in the constitution of the Contractor Supplier or

dissolutionhelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

7 Notwithstanding anything contained herein above

i) Our liability under this guarantee shall not exceed Rs

ii) This Bank Guarantee shall be valid upto and including and

GM(M)MTI2000007617Passivation Station

Page 44 of 45

iii) We are liable to pay the guarantee amount or any part thereof under this Bank Guarantee only and only if you

serve upon us a written claim or demand on or before helliphelliphellip (validity + ---weeks from the date of expiry of this

guarantee)

8 This Guarantee shall be governed by Indian laws and the Courts at Mumbai India shall have the exclusive

jurisdiction

IN WITNESS WHEREOF the Bank has executed this document on

this day of

For Bank

(by its constituted attorney)

(Signature of a person authorised

to sign on behalf of the Bank)

GM(M)MTI2000007617Passivation Station

Page 45 of 45

Enclosure-10

Electronic Payment Mandate Form

(MDL Bank details)

Name of the CompanyFirm Mazagon Dock Shipbuilders Limited

Address with Phone no Dockyard Road Mumbai ndash 400010

E-Mail ID

Phone No +91 22 23745310

Fax No

Particulars of Bank Account

Name of the Bank State Bank of India

Name of the Branch Mazagon Dock Mumbai Branch

Branch Code 9054

Bank IFSC NEFT Code SBIN0009054

Bank Address MBPT Workshop building NV Nakhwa Road Mazagon - 400010

City Name Mumbai

Telephone No of Bank +91 22 23752802

9 digit code no of bank amp branch

appearing on the MICR cheque

issued by your bank

400002120

Type of Account Current Account

Account No 10005255246

Income Tax PAN No AAACM8029J

Page 12: Final Tender - Mazagon Dock Shipbuilders...DIVISION-SHIP BUILDING DEPARTMENT-MATERIAL PROCUREMENT Tender no.: GM(M)/MTI/2000007617 for the Engineering, Manufacturing, Supply/Installation,

GM(M)MTI2000007617Passivation Station

Page 12 of 45

912 TReDS

Alternate MSME vendor payment through TReDS

ldquoIn order to address the financial needs of MSME firms GoI has introduced a platform for

facilitating the financing of trade receivables of MSMEs from buyers through multiple

financiers which is termed as Trade Receivables Discounting System (TReDS) At TReDS

auctioning of invoices at competitive amp transparent environment is done by financers based on

Buyerrsquos credit profile

MDL is registered on the Invoicemart TReDS platform and M1xchange of Ms Mynd

Solutions Pvt Ltd

MSME bidders desirous to receive payments through TReDS platform may avail the facility if

they are already registered on

1Invoicemart TReDS platform or by registering on it

Contact details at Invoicemart TReDS platform are as below

022 6235 7373 and a new mail id serviceinvoicemartcom

2 M1xchange

TReDS platform

or by registering on it

Contact details at M1xchange TReDS platform are as below

+91 9920455374 MsAshwathi Jayandran email id ashwathijayandranm1xchangecom

+91 8839915724 Ms Prinyaka Shah email id prinyakashahm1xchangecom

MSE bidders upon successful delivery shall submit their invoices along with the mandated

enclosures at MDL Central Receipt Section MSE vendors desirous to receive payments through Invoicemart TReDS platform or M1xchange TReDS platform shall submit their TReDS

details along with the invoice at MDL Central Receipt Section Upon receipt and acceptance of the

supplied material and receipt of invoices with the mandated enclosures MDL shall process the

invoice for payment on Invoicemart M1xchange TReDS platform Any unfinanced invoices

invoices of MSE bidders seeking payment from MDL directly shall be processed as per the Standard

payment terms agreed in PO contractrdquo

92 For OverseasForeign Bidders

(A)

Payment through LC - Payment against irrevocable letter of credit (LC)

established through our bankers as per format at illustrative Annexure 6 For opening

LC Supplier should essentially furnish their clear amp timely acceptance of the order

For opening LC all charges outside India shall be borne by the beneficiary

(Supplier) Additional loading of prices (A) towards charges incurred in LC opening

by MDL and (B) Interest for period of 20 days base rate of SBI+2 on payment

amount is to be considered while evaluating foreign bidders for ranking purpose In

case supplier seeks LC amendment for no fault of MDL or requires confirmation of

LC then all charges towards LC amendment or confirmation of LC respectively

shall be borne by the Supplier LC will allow Payment on timely presentation of

following documents through bank Opening of LC shall be before one month of

the schedule for dispatch or before such period as may be discussed and mutually

agreed to in the PNC (Price Negotiations) The time limit for opening of LC and or

amendment for LC shall be 7 days or within such no of days as may be stipulated in

purchase orderContract Delay in opening of LC can lead to corresponding delay in

delivery and hence no LD is applicable on such delayed portion

LC will be opened accordingly after receipt of intimation about readiness of

Material items equipments LC shall be valid for 89 days Firm to sendsubmit

documents as listed in Para 921 to 9212 below in originals for custom clearance of

material to MDL directly after shipment

GM(M)MTI2000007617Passivation Station

Page 13 of 45

For Items-

921 Set of Original + 2 Copies of signed Invoice showing item wise prices as per the order

922

Set of Original + 2 Copies of signed Packing List clearly showing list of items

packed Specifying unit as per Indian Custom Tariff

923

Set of Original + 2 Copies Clean on Board Bill of Lading OR Air Way Bill made in

the name of MDLrsquos Bank and Marked as freight paid

924

Set of Original + 2 Copies of Certificate of approval OR Release Note from MDL

nominated Inspection agency or Work completion performance certificate or

Dispatch clearance from MDL

925 Certificate of country of origin in Original + 2 Copies by chamber of commerce

926 Original + 2 Copies of Warranty Certificate in prescribed format

927

Original + 2 Copies of all Manufacturerrsquos Test Certificates (MTCs) Reports

Drawings Manuals Procedures etc as relevant to the ordered item

928

Original + 2 Copies of Performance Bank guaranteeequivalent BG wherever

applicable

929

Certificate Confirming that supplier has couriered dispatched 03 sets of Non

Negotiable Documents comprising of all Test reports MTCs Technical

Documents Drawings Manuals Procedures etc and of Signed Invoices Packing

Lists Bill of LadingAWB MDL nominated Inspection Agencyrsquos Certificate of

approval Country of Origin Certificate Warranty Certificate Performance Bank

Guarantee directly to MDL

9210

Original + 2 Copies of the Certificate issued by the classified society confirming

seaworthiness of the vessel and that the shipment is made on vessels of not more

than 15 years vintage (Applicable in case of CIF contracts orders agreed by MDL)

9211

Certificate issued by MDL confirming that the delivery is made in time and no

penalty is applicable OR in case of delays admissible amount of penalty will be specified by MDL in this certificate for reduction of equal amount from supplierrsquos

invoice (MDL will issue this certificate generally by e-mail or FAX immediately on

receipt of signed copy of invoice packing list approval certificate of the nominated

inspection agency date of the proposed shipment amp copies of BL or AWB or any

other acceptable documents confirming supplierrsquos readiness dispatch)

9212

Certificate confirming that the shipping instructions (inclusive of packing) have

been followed while packing shipment and forwarding of details for insurance to

MDL

Important Notes for Foreign Bidders 1 All the documents should clearly indicate the Purchasers Order number Import

License Number Airway Bill Bill of Lading Number

2 Foreign Bidders must submit the Letter of Credit format duly filled as per Annexure- 6

of the tender

3 To arrive at the custom charges the foreign bidders must submit the following details

along with the Part ndashI Bid -

(a) Port of dispatch to be clearly specified

(b) Containerized dispatch Break bulk

(c) No of required containers with their size amp type (20Feet40 FeetOpenClosed)

(d) Gross weight

(e) Any other specific handling Instructionsconditions of consignment

GM(M)MTI2000007617Passivation Station

Page 14 of 45

10 GuaranteeWarranty Supplier shall warranty the performance of the Passivation station for a

period of 12 months after commissioning or 24 months after receipt of station at MDL

whichever is earlier

During this period all defects arising out of defective material and faulty workmanship will be

rectified by repairing or replacing part or whole material as necessary free of charge on door

delivery basis Any consequential damagedefect or loss of items due to poor

workmanshippoor material qualitynegligence etc attribute to the bidder to be rectifiedreplaced by the bidder free of cost All the necessary spares tools Service engineers

amp Mechanics required for repairs to be arrange by vendor at no extra cost and machine to be

put into operation at the earliest

11 Performance Bank Guarantee (PBG) The Successful bidders will have to submit PBG in the prescribed format from the list of

Banks approved by SBI Canara Bank published on MDL Website for 10 of the Order value

excluding taxes etc valid for 13 months (validity 12 months + 1 month claim period) from the date of supply or offer your consent to MDL for retention of 10 of order value towards

PBG Bidders may advise their bankbanker to send BG directly to commercial department or

through SWIFT to dispense with additional step of verification of authenticity of signatories

In case of BG transmitted through SWIFT it shall be the responsibility of the bidder that he

directs the receiving banker to forward the message duly authenticated to the concerned

commercial officer mentioned in the tender

12 Bidder shall abide by all Standard Terms and Conditions of Supply (STACS) GTampC and

accordingly contract will be governed as per uploaded form at Stage Name Part ndashI (Techno-

Commercial Bid) Deviation if any shall be clearly indicated In case of discrepancy clauses

mentioned in Tender Technical Scope and Rate sheet will override the clauses mentioned in

other annexure including STACS amp GTampC In event we do not receive acceptance forms

dully filled for TEF STACS and GTampC it shall be presumed that all our terms and

conditions of tender are acceptable to you

13 Taxes amp Duties - The item-wise rates quoted in the Rate Sheet should exclude GST and

duties

131 For Indigenous bidders The rate sheet to be enclosed with the tender will indicate

the rates under each tax head viz GST

a Only those bidders who indicate the taxes amp duties separately as above all

shall be entitled for consideration of change in corresponding rates in case

of variation in statutory levies

b Supplierbidder will not be entitled to any increase in rate of taxes

occurring during the period of extended delivery schedule if there is delay

in supply completion attributed to him however if there is a decrease in

taxes the same must be passed on to MDL

c Wherever all-inclusive prices are quoted by the bidders without bifurcation

of tax elements no escalation can be considered in respect of any variation

in statutory levies arising subsequently because of the absence of the

required base figures in the purchase order contract

132 GST as per GST Laws shall be payable extra as quoted and agreed

133 In case of Purchase of goodsservices from unregistered dealers under GST laws

GST will be paid by MDL under reverse charge mechanism

134 Benefits from reduction in rate of taxITC are required to be passed on to

consumer Where ldquoapplicable GSTrdquo has been quoted as extra Goods and service

providers (except un-registered dealers under GST Law) have to submit

declaration that they have complied with lsquoAnti ndashprofiteering clausersquo under GST

Law Such declaration be given in technical bid

GM(M)MTI2000007617Passivation Station

Page 15 of 45

135 Where the quoted price is claimed to be inclusive of taxes (by other than

composite vendor) MDL consider it as net price on which GST is payable In

such cases the GST may be paid by MDL directly to GSTN under reverse

charge mechanism or otherwise for which no input tax credit will be available to

vendor and vendor is deemed to have confirmed that he will not claim ITC for

such items

136 If the vendor is registered under GST vendor shall mention the HSN code for

goodsampor services in their tax invoice etc These codes must be in accordance

with GST Laws and responsibility of specifying correct HSN code for goodsampor

services is that of the vendor MDL shall not be responsible for any error in HSN

code for goodsampor services specified by suppliercontractor Suppliercontractor

shall pay penalty andor interest imposed on MDL or any loss due to delay in

availing ITC by MDL or any loss of ITC to MDL due to error by vendors at any

stage MDL reserve right to recover any such interest penalty or loss from any amount due to supplier contractor or vendor shall reimburse make good such

loss within 15days after intimation by MDL or otherwise

137 In case MDL is unable to avail ITC suppliercontractor at their own cost shall

rectify the shortcoming in the returns to be filed immediately thereafter Further

if the ITC is delayed denied to MDLreversed subsequently as per GST Laws due

to nondelayed receipt of goods andor services andor tax invoice or expiry of

timelines prescribed in GST Laws for availing ITC non-payment of taxes or non-

filling of returns or any other reasons not attributable to MDL supplier

contractor shall pay any loss of amount along with interest and penalty on MDL

under GST Laws for the number of days the ITC was delayed If the shortcoming

is not rectified by suppliercontractor and MDL ends up in reversal of credits

andor payments suppliercontractor is fully liable for making good all the loss

incurred by MDL MDL reserve right to recover any interest penalty or loss from

any amount due to suppliercontractor or otherwise

138 If the vendor is registered under GST the GST registration number (15 digit

GSTIN) issued by GOI shall be mandatorily provided by the vendor Vendor

having multiple business verticals within state at multiple states with separate

GST registration numbers shall forward GSTIN of only that vertical which is

involved in supply of goods andor services MDL GSTIN is

27AAACM8029J1ZA and vendor shall mention the same while invoicing and

avoid any data entry error on GST portal

139 If the vendor is registered under GST vendor shall ensure timely submission of

invoice as per the provisionsrequirementstimeline promulgated by GOI in

relation to GST Laws with all required supporting documents to enable MDL to

avail input tax credit promptly The vendors invoice inter alia should contain

GSTIN of vendor GSTIN of MDL (ie 27AAACM8029J1ZA) GST tax rate

separately HSN code wise goods or services Place of supply signature of vendor

etc Original invoice needs to be submitted to Bill Receipt Centre at MDL gate

and a copy of the invoice should be given to the GRS Stores

1310 If the vendor is registered under GST vendor shall file all applicable returns

under GST Laws in the stipulated time and any losses of tax credit to MDL

arising due to delay in filling will be recovered from their invoice wherever MDL

is eligible to avail tax credit Any default towards payment of tax andor

uploading of monthly returns by supplier contractors MDL retains right to

withhold payments towards tax portion until the same is corrected and complied

by the suppliercontractor with the requirement of GST along with satisfactory

evidence

GM(M)MTI2000007617Passivation Station

Page 16 of 45

1311 The rate sheet enclosed with the tender will indicate the rates to be entered under

each head wherever applicable Bidder must clearly mention the applicable taxes

amp duties The item-wise rates (ie Basic + PampF + FampI) quoted in the rate sheet

should exclude taxes amp duties Bidder should indicate GST rates as applicable

separately under each of the head in the same rate sheet which will be paid extra

based on tax invoice to the extent applicable The GST will be applicable on total

basic rate of each item (ie Basic +PampF +FampI)

1312 If the vendor changes his registration status from composition dealer to normal

registered dealer under GST Law the vendor has to inform MDL immediately

Further his contract price under GST needs to be negotiated since as a normal

dealer he will have benefit of ITC which he should pass on to MDL

1313 Bid Evaluation Clause - I) As per GST Law ITC is not available

a) For goods and services which are not in furtherance of business

b) In some cases for eg rent a car life insurance work contract services for

immovable property as mentioned under section 17 of GST Act 2017 In such cases

evaluation of bid is inclusive of GST quote by bidder

II) In all other cases ie goods and services not covered under sr no I above

evaluation of bid is exclusive of GST quoted by bidder

III) Further in the case of composition dealer since composition dealer is not

allowed to charge GST in such case evaluation of bid will be on the price quoted by

bidder

1314 For Overseas Bidder All taxes applicable outside India shall be borne by overseas

bidder

a In case of foreign bidders all taxes duties statutory levies and charges which

are to be paid for the delivery of goods amp services shall be paid by the parties

under the present contract in their respective countries MDL shall bear and pay

all taxes duties and statutory levies in India in connection with the execution

andor performance of this contract wrt deliverables delivered and service

rendered as per contract excluding income tax applicable on service charges

b Foreign bidder shall submit tax residency certificate (TRC) in Part ndashI offer In

case of remittances to foreign companies for services as per income tax act and

DTAA provisions TDS shall be carried out from the amount payable towards

services As per the extant applicability and existing rates following cases

pertaining to TDS are presented for clarity

i Case 1 (TRC is made available by foreign bidders) Tax deduction at

source (TDS) 15 of total service payment is applicable If this is

not agreed to by the bidder in the bid or during TNCCNC then this

shall be appropriately loaded as per applicable rates on the price for the

purpose of ranking However bidders to note that TDS rates DTAA

rates differ from country to country It varies from10 to 25

ii Case 2 (TRC is not made available by foreign bidders) Tax deduction

at source (TDS) at the rates as mentioned in the table below is

applicable If this is not agreed to by the bidder in the bid or during

TNCCNC then this shall be appropriately loaded as per applicable

rates on the price for the purpose of ranking These rates shall be as

under

GM(M)MTI2000007617Passivation Station

Page 17 of 45

Service Payment slabs (converted in

INR)

Rate of TDS applicable on total

service payment

Up to value of INR 1 Cr 2575

Above 1 Cr Up to 10 Cr 2626

Above INR 10Cr 270375

14 Loading Criteria Deviations sought by the bidder in respect of Custom Duty exemption

Freight Insurance Payment terms shall be loaded on the bidders quoted prices during price

evaluation by MDL Among the equal bids bidders with ISO 9000 series accreditation over

Non-ISO bidders firstly Manufacturers then their authorized dealers will be given preference

The loading criteria that will be adopted are detailed below amp also as per Enclosure-5

141 It is desirable that the bidder accepts the Payment Terms indicated in clause 9

above Varied payment terms quoted by bidders as compared to the terms stated

in the Tender document shall be normalized by applying SBI Prime Lending

Rate (prevailing at the time of opening of Price bid) plus 2 pa rate of interest

for the period at variation (For Indigenous bidder) amp for overseas bidder the bids

will be normalized at LIBOREURIBOR rate plus 2 for ranking of the bids

142 In case of Foreign supplier the basic cost (CIF) shall be the basis for comparison

of quoted price Custom Duty Custom clearance Port handling transport

charges to the yard will be added to CIF cost to arrive at door delivery cost

143 Delivery of the goods at MDL premises should be the responsibility of the

vendor However for unavoidable reasons if bids are exclusive of transport

andor insurance the same will be loaded at the cost to be incurred by MDL

144 For the additional delivery period sought by the bidder over the stipulated date of

delivery as per Tender 050 per completed week will be loaded to the quoted

price

145 Deviations sought in respect of Liquidated Damages (LD) Deviations sought in

respect of rate per week and or maximum ceiling in respect of liquidated

damages shall be loaded to the quoted price For eg The maximum ceiling

towards liquidated damages stipulated in the tender is 5 and the bidder seeks to

limit it to say 35 then the price quoted will be loaded by 15 If the rate of

LD per week is 05 per week or part thereof as per tender and the bidder seeks

it as say 04 per week or part thereof the maximum ceiling on L D as per

tender will first be equated to weeks (10 weeks in this case) and the rate proposed

by the bidder ie 04 will be multiplied by the so equated maximum Period

(which works out to 4) and the quoted price will be loaded accordingly by 1

Delivery being the essence of the contract it is desirable if the bidders adhere to

the stipulated clause

146 Deviations in respect of the period of Warranty shall be loaded to the quoted price

025 per month or part thereof This does not arise if the bidder quotes

additional price for the differential period

147 The ranking of price bids shall be done overall L1 basis excluding GST (ie total

of basic price exclusive of GST quoted by bidder) In these cases the variation in

statutory levies etc are not allowed unless the breakup in respect of taxes duties

GM(M)MTI2000007617Passivation Station

Page 18 of 45

are clearly and separately furnished in bid

148 For opening LC all charges outside India shall be borne by the Beneficiary

(supplier) Additional loading of prices (A) Towards charges incurred in LC opening

by MDL and (B) Interest for period of 20 days base rate of SBI+2 on payment

amount is to be considered while evaluating foreign bidders for ranking purpose

15 Ranking of Bids amp Determination of L-1 Bidders Ranking of price bids shall be done on overall L1 basis with exclusive of GST

If any variations in statutory levies the break up in respect of any charges is clearly

and separately furnished in the bid and the MDL is satisfied that the rates of taxes

indicated therein are in line with the tax law so that escalation due to variation in the

taxes can be justifiably considered to the extent legitimately allowable on the base

amount(s) indicated in the bid Therefore bidder is requested to show the break up

regarding taxes as applicable in the bid

Note 1 In case of overseas supplier the ldquoCIF cost+ Inspectiontesting charges+ Installation

Commissioning charges+ custom duty+ IGST (if ITC is not available) + Custom

Clearance +port handling +transportation charges to the yard if any + LC opening

charges + interest for period of 20 days base rate of SBI +2 on payment amount

ldquoshall be the basis for comparison of quoted price Custom duty IGST Custom clearance Port handling transport charges to the yard will be added to CIF cost to

arrive at door delivery cost

2 If Service Component exists in an offer from a foreign vendor then Tax Residency

certificate (TRC) should be submitted with Part I offer If no TRC is submitted then

the enhanced Income Tax rate and Service Tax thereon will be considered while

determining L-1

3 Techno-Commercially Qualified overall lowest bidder exclusive of GST will be

considered for the placement of order 4 On-line Ranking visible to the bidders after opening part II price bid is without

loading parameters However the L1 bidder will be evaluated offline after

consideration of all applicable loading parameters as mentioned in the tender

document and commercial terms

5 In case of any discrepancy in the Blank Rate Schedule Format and actual Online

Price Bid after opening of the Price Bids the details (GST) mentioned in the On-line

Price bids shall prevail over the details in blank rate schedule format

6 ldquoBasic costrdquo is defined as ldquoDoor delivery cost (excluding GST)rdquo which includes

packing amp forwarding Delivery insurance registration charges and any cost involved

as per scope of work towards material and services basic cost of Installation

commissioning and inspection amp testing

7 ITC can be availed by MDL for the items as notified under GST ACT 2017 ITC

can be availed by MDL for registered bidder and for unregistered bidder under

reverse charge mechanism Since no ITC can be availed in case of bidders registered

under composition scheme their quoted cost will be considered for ranking

comparison purpose

16 Consignee The Successful bidders shall arrange dispatch of goods by appropriate Rail Road

Sea Air transport mode as per the order to lsquoEAST YARD STORESrsquo and further to user dept

on working days (Monday to Friday) between 800 hrs to 1500 hrs (Lunch Time 1130 to 1200

hrs) In case trucktempo reaches our yard beyond above time the same may be retained over

night at your risk amp cost

An advance copy of invoices along with other relevant documents shall be forwarded to the

purchaser sufficiently in advance to enable clearance of cargo within allowed demurrage free

days to avoid demurrage In case of door delivery orders the supplier shall categorically direct

the transporter to deliver the ordered items without insisting for consignee copy of the Lorry

Receipt

GM(M)MTI2000007617Passivation Station

Page 19 of 45

17 Modifications to the Bids Bidder desirous of submitting modified bid prior to the closing

date and time may do so online not later than deadline of submission of bids Please note that

modified bid shall be submitted through e-procurement system only Bidder can change the

submitted bid any number of times till the closing time and the last changed bid will be

considered for ranking of the bids

18 PURCHASE PREFERENCE TO MAKE IN INDIA As per Public Procurement Order Ref No P-4502122017-B E-II Dtd 15062017 issued by Govt

of India to encourage ldquoMake in Indiardquo policy Purchase Preference shall be given to local suppliers

in the following manner

(a) The terminology definitions used in the said order is as below

(i) ldquoLocal contentrdquo means the amount of value added in India be the total value of items procured

excluding net domestic indirect taxes) minus the value of imported content in the item (including

all customs duties) as a proportion of the total value in percent

(ii) ldquoLocal Supplierrdquo means a supplier or service provider whose product or service offered for procurement meets the minimum local content as prescribed under the said Order or by the

competent Ministries Department in pursuance of said order A Local Supplier can be an Indian

or Foreign bidder

(iii) ldquoMargin of Purchase Preferencerdquo means the maximum extent to which the price quoted by

local supplier may be above the L1 for the purpose of purchase preference The margin of

purchase preference for the present tender is 20

(b) Minimum local content

(i) The minimum local content in the offer is to be not less than 50 for the present tender for a

bidder to be considered as a Local Supplier

(ii) The local content can be increased through partnerships cooperation with local companies

establishing production units in India or Joint Ventures (JV) with Indian suppliers increasing the

participation of local employees in services and training themrsquo

(iii) On opening of the price bids if it is identified that there is difference in price receive amp

declaration made and local content is now not meeting the specified tender requirement (ie only

on the quoted price without any loading) then such case will be processed without any purchase

preference

(c) Declaration by Local Supplier Local Supplier should declare that the item and service

offered meets the minimum local content amp indicate its percentage in their offer which shall meet

(or even offer more) required content as specified in tender This declaration is necessary even if

Custom Duty Exemption and or ERV (if applicable) are not being sought Following documents

are to be submitted in technical offer ndash

Part-I bid

(i) Local Component list ie Items and services which are being procured produced domestically

by supplier in the system equipment service offered against tender This list shall include all the

components raw materials sub services etc

(ii) Foreign Imported Component list ie Items and services which are being supplied by bidder

from outside India in the system equipment service offered against tender This list shall include

all the components raw materials sub services etc

(iii) Bidders shall give the details of the location(s) at which the local value addition is made

Additionally location(s) details from where foreign imported components are being supplied be

also informed

(iv) Bidders shall give the price break-up in percentage for ldquoLocal Componentrdquo and ldquoForeign

Imported Componentrdquo

(v) Custom duty applicable on FE component for all foreign items (vi) The Local Suppliers are required to provide self-certification as per Annexure-11

Note In cases of procurement for value in excess of Rs 10 Crores the local supplier shall be required to

provide a certificate from statutory auditor or cost auditor of the company (in case of companies)

or from a practicing cost accountant or practicing charted accountant (in respect of supplier other

GM(M)MTI2000007617Passivation Station

Page 20 of 45

than companies) giving the percentage of local content amp applicable item wise custom duty

Once the declaration certification is committed at tender submission stage the same cannot be

altered at technical negotiation stage or after award of contract otherwise would be treated

considered as false declaration by bidder

In the event of bidders not declaring or declaring less local content percentage in the offer MDL

will consider quote bid of such bidders with local content as ldquo0rdquo or ldquoNILrdquo ie the offers of such

bidders will be treated as a ldquoNon Local Supplierrdquo where no purchase preference shall be granted to these bidders

(d) If the Local Supplier is also a MSE Vendor seeking the benefit of Public Procurement Policy

for MSEs Order 2012 then such bidders should not seek benefits against the Preference to Make

in India policy ndash Order 2017 Such bidders should categorically seek benefits of only one policy

which cannot be modified subsequently once declared in the Annexure-A referred above while

submitting the bid

(e) Custom duty issue Imported FE content is inclusive of all custom duties which is required

for arriving local content Bidders to note the following about declaration of FE Content

(i) All bidders should upfront declare line item wise custom duty duly certified Such declared

custom duty percentage will only be considered for arriving local content

(ii) In the event if the rate of custom duty is found higher than the declared custom duty by bidder

then the bidderrsquos declaration shall be final for arriving L1 bid Also in such case the difference in

custom duty would be to bidders account In case of foreign bidders the same would be to bidders

account and shall not be borne or reimbursed by Shipyard

(iii) In the event of rate of custom duty happens to be lower at the time of clearance of goods then

actual custom duty shall be payable

(iv) Notwithstanding above local content shall be calculated based on the declared custom duty by

the bidder in techno-commercial bid

(f) Preference to Local Supplier The following procedure will be adopted for deciding on

preference to Local Supplier over a non-local supplier wrt Public Procurement (Preference to

Make in India) order 2017

(i) Among all qualified bids the lowest bid will be termed as L1 If L1 is from a local supplier the

contract will be awarded to L1

(ii) If L1 is not from a local supplier the lowest bidder among the local suppliers will be invited

to match the L1 price subject to local supplierrsquos quoted price falling within the margin of purchase

preference and contract shall be awarded to such local supplier subject to matching the L1 price

(iii) In case such lowest eligible local supplier fails to match the L1 price the local supplier with

the next higher bid within the margin of purchase preference shall be invited to match the L1 price

and so on and contract shall be awarded accordingly In case none of the local suppliers within the

margin of purchase preference matches the L1 price then the contract may be awarded to the L1

bidder

(g) Preference between LS and MSE Bidder This clause is applicable only if line items are

separable and MSE preference clause is also applicable Between the MSE and Local

Supplier the MSE bidder will be given preference to match with L1 bidder as per Public Procurement Policy for MSEs Order 2012 MSE vendor will be evaluated with L1+15 MSE

doesnrsquot fall under Public Procurement (Preference to Make in India) Order 2017 Local Supplier

will be evaluated with L1+20 (Margin of Purchase Preference ordinary) as per Public

Procurement (Preference to Make in India) Order 2017

(h) After the contract is awarded and the supplies are completed each supplier shall provide the supporting documentation towards realization of committed Local Content as per the contract

order terms amp conditions

In addition to these documents a ldquoLocal content certificaterdquo also shall be submitted stating the

percentage of local content in the items or services measured The ldquoLocal content certificaterdquo shall

be submitted along with the invoice

Note In cases of procurement for value in excess of Rs 10 Crores the local supplier shall be

required to provide a certificate from statutory auditor or cost auditor of the company (in case of

GM(M)MTI2000007617Passivation Station

Page 21 of 45

companies) or from a practicing cost accountant or practicing charted accountant (in respect of

supplier other than companies) giving the percentage of local content

(i) False declaration will be in breach of Code of Integrity under Rule 175(1)(i)(h) of GFR 2017

for which a bidder or its successor can be debarred for up to 2 years as per Rule 151(iii) of GFR

2017 along with such other actions as may be permissible under law

(j) Complaints Grievance Any complaints grievances relating to implementation of this order

shall be taken up by Public Grievance Cell of MDL headed by GM(F-PampS) Fees for filing a complaint under the order shall be Rs 10000- per case The complaints shall be filed to the

Chairman Public Grievance Cell The fee shall be deposited in MDLrsquos Account by NEFT

19 Public Grievance Cell A Public Grievance Cell headed by ED (East Yard) has been set up in

the Company Members of public having complaints or grievances are advised to contact him

on Wednesday between 1000 hours and 1230 hours in his EY-office MAZAGON DOCK

SHIPBUILDERS LIMITED Dockyard Road Mumbai - 400010 (022 ndash 23763506 23738368)

or send their complaints grievances to him in writing for redressal

20 Supply on MDL Holidays Request for permission for delivery on Saturday Sunday

holidays if required should be submitted 3 working days prior to the date of holiday to

Personnel department and Security through concerned Dept

21 Liquidated Damages Time is an essence of the contract therefore the job as ordered should be

completed on the dates mutually agreed upon in accordance with the delivery schedule In cases

of delay not attributable to Purchaser beyond the agreed schedule the Successful bidder shall pay

liquidated damages a sum representing 05 (Half per cent) per week or part thereof subject to

maximum of 5 of the final Order Contract value Vendor Contractor (Seller) will also be liable

to pay Liquidated Damages for late delivery of Manuals Drawings and Documentation as agreed

to by Purchaser and Vendor Contractor (Seller) and as stated in the Purchase Order The amount

of such damages will be clearly defined in the Purchase Order and may extend up to 5 of the

Order Value excluding taxes Applicability of LD will be considered as below -

1) Delay in manufacturing and supplydelivery of machinematerialitemsequipments at

MDL after dispatch clearance beyond specified schedule will attract LD 05 per week

or part thereof subject to maximum of 5

2) Delay in Installation trial Commissioning amp Training at MDL as per Work

completion date as certified by MDL user dept beyond specified schedule will attract

LD 05 per week or part thereof subject to maximum of 5 as per order

22 Hindrance Register All hindrances with date of occurrences and removal shall be noted in the

Hindrance Register The Hindrance Register shall be signed by the representatives of both MDL

as well as Contractor

23 Security Deposit (SD) The successful bidders shall have to submit Security Deposit for an

amount of 5 of the Order value excluding GST etc electronically through NEFT RTGS or

in the form of Bank Guarantee drawn in favor of MAZAGON DOCK SHIPBUILDERS

LIMITED Mumbai from the list of Banks approved by SBI Canara Bank published on MDL

Website within 25 days from the date of Order amp must be valid up to contract period plus one

month No interest will be paid on Security Deposit Please note that MDL does not extend any

concession such as exemption in payment of Security Deposit etc to any organization

irrespective of their status like registration with MDL NSIC SSI and MSME etc In case of

failure to submit Security Deposit within 25 days from the date of order placement EMD

submitted will be encashed and risk purchase clause would be invoked The Security Deposit

will be returned only after successful execution of the order and shall be interest free In the

event of failure to execute the order satisfactorily the Security Deposit will be encashed by

MDL If order is fully executed within 25 days from the date of purchase order submission of

security deposit is not applicable For delayed period of submission of SD beyond 25 days

from date of order bidder has to pay applicable interest In case the bidder is Indian Public

Sector Unit they shall submit the indemnity bond instead of Security Deposit Bidders may

advise their bankbanker to send BG directly to commercial department or through SWIFT to

dispense with additional step of verification of authenticity of signatories In case of BG

GM(M)MTI2000007617Passivation Station

Page 22 of 45

transmitted through SWIFT it shall be the responsibility of the bidder that he directs the

receiving banker to forward the message For delayed period of submission of SD beyond 25

days from date of order interest will be recovered as mentioned below

For Indian suppliers it will be SBAR plus 2 and EUROBORLIBOR plus 2 for Foreign

bidder Security Deposit will be returned only after successful execution of the order and shall

be interest free In the event of failure to execute the order satisfactorily the Security Deposit

will be encashed by MDL PSUs can submit Indemnity bond in lieu of Security deposit Bidders can submit SD amount

by using payment gateways through MDL website

24 Delivery ScheduleWork Completion Schedule and delivery term (For foreign bidders) The

entire scope of work ie Design manufacture Supply Installation Commissioning STW amp

Training to be completed within 6 months from the date of receipt of PO

1) Supplydelivery of machineItemsEquipmentsspares at MDL = within 20 weeks (CIF delivery) and

2) Time for transportation amp custom clearance time = 2 weeks

3) Installation Trials Training and Commissioning = Within 2 weeks

Delivery Term (1) Supply For Indigenous bidder Door DeliveryFOR MDL GRS Stores

For Overseas Bidder CIF Port of destination (Mumbai)

(2) Installation Commissioning STW Training -

For Overseas Bidders At MDL site

Training to be imparted to Non-executives-04 Nos for 7 days (1 week)

Delivery ScheduleWork Completion Schedule and delivery term (For Indigenous bidders) The entire scope of work ie Design manufacture Supply Installation Commissioning STW amp

Training to be completed within 6 months from the date of receipt of PO

1) Supplydelivery of machineItemsEquipmentsspares at MDL = within 22 weeks (CIF

delivery) and

2) Installation Trials Training and Commissioning = Within 2 weeks

Delivery Term (1) Supply For Indigenous bidder Door DeliveryFOR MDL GRS Stores

For Overseas Bidder CIF Port of destination (Mumbai)

(2) Installation Commissioning STW Training - For Indigenous Bidders At MDL site

Training to be imparted to Non-executives-04 Nos for 7 days (1 week)

25 Assistance for Installation Testing Commissioning Maintenance amp other Technical

activities 1 Services of engineersManpower in connection with assistance of delivery

loadingunloading installation setting-in-work testing tuning commissioning

training to be considered in the scope of supply

2 All machinery equipments Oxygenother fuel gas for cutting fork lift welding Tools

amp Tackles accessories spares Chemicals consumables Special tools Fixtures and

tackles Workshop and fabrication shop Calibration facility Local transportation and

Internal Transportation storage amp preservation materials Ist fill of Oil lubricants

grease amp other resources etc required for Installation commissioning work to be

arranged by contractor Crane facility for unloading the equipment at the site Space water compressed air and electric Power will be provided by MDL

During Guarantee Warranty period the entire maintenance repair job shall be carried out by

experienced service engineers amp technicians The supply of all necessary tools tackles and

instruments required for the preventive and breakdown maintenance of the equipment covered

by this contract shall be in contractorrsquos scope No sub-contracting will be allowed

26 Spares Post sale product support 1 The Bidder shall assure a continuous supply of spare parts for at least 10 years from

GM(M)MTI2000007617Passivation Station

Page 23 of 45

the date of commissioning of the machine at MDL

2 List of Service centers amp Setup details to be provided

3 Standard accessories required for making itemequipmentmachine operational amp

ready to use should be included in the scope of supply

4 All defective parts spares can either be repaired or replaced by new parts Spares

replaced will be either of same make or equivalent as suggested by the OEM after

consultation with MDL However the total responsibility of the quality of spares supplied or parts repaired shall be with the Contractor

3 If any defective partitemequipment required to be taken out to the service center by

the firm for the further repairing the firm shall be asked to submit the necessary

indemnity bondBG as required Taking out defective partitemequipment from MDL

and bringing back repaired part item equipment to MDL is in the firmrsquos scope of

work The firm has to bear all the transportation charges amp transit insurance

27 Inspection - (a) Receipt Inspection by MDL- MDL inspection cell amp User dept shall carry out necessary

inspection of the items on receipt in the MDL Yard on the basis of an appropriate MDL

Inspection system requirement along with the representative of user dept amp the Inspection

documents submitted by suppliers Any objection raised by MDL inspection team against

quality of material or workmanship shall be satisfactorily corrected by the supplier at his

expenses including replacement as may be required within shortest possible time within 30

days Items damaged during transit shall also be rectified or replaced by the supplier within

shortest possible time

(b) Rejection of the material Any portion of the equipment found defectiverejected the

supplier shall collect the same at his cost from the MDL Yard all incidental charges being

born by supplier (inclusive of custom duty if payable) within 30 days from the date of

intimation to the supplier of such rejection The MDL reserves the rights to dispose off the

rejected item at the end of a total period of 90 days in any manner to the best advantage to the

MDLamp recover storage charges amp any consequential damages from sale proceeds of such

disposal

(c) Final work completion certificate in respect of completion of entire scope of work will be

certified by MDL user dept

28 Purchase Preference for MSE - NA

29 Risk Purchase amp Cancellation of Order (a) If the equipment article service or any portion thereof be not delivered performed by

the scheduled delivery date period any stoppage or discontinuation of ordered supply

awarded contract without written consent by Purchaser or not meeting the required quality

standards the Purchaser shall be at liberty without prejudice to the right of the Purchaser

to recover Liquidated Damages penalty as provided for in these conditions or to any

other remedy for breach of contract to terminate the contract either wholly or to the extent

of such default Amounts advanced or part thereof corresponding to the undelivered

supply shall be recoverable from the Contractor Bidder at the prevailing bank rate of interest

(b) The Purchaser shall also be at liberty to purchase manufacture or supply from stock as it

deems fit other articles of the same or similar description to make good such default and

or in the event of the contract being terminated the balance of the articles of the

remaining to be delivered there under Any excess over the purchase price cost of

manufacture or value of any articles supplied from the stock as the case may be over the

contract price shall be recoverable from the Bidder Vendor Contractor

(c) The Purchaser reserves the right to cancel an order forthwith without any financial

implications on either side if on completion of 50 of the scheduled deliveryCompletion

period the progress of manufactureSupply is not to the satisfaction of Purchaser and

failure on the part of the BidderVendorContractor to comply with the delivery schedule

is inevitable In such an event the BidderVendorContractor shall repay all the advances

GM(M)MTI2000007617Passivation Station

Page 24 of 45

together with interest at prevailing bank rates from the date of receipt of such advances till

date of repayment The title of any property delivered to Purchaser will be reverted to the

BidderVendorContractor at his cost

(d) In case of breach non-compliance of any of the agreed terms amp conditions of order

contract MDL reserves the right to recover consequential damages from the vendor

contractor on account of such premature termination of contract

(e) In case of delay beyond agreed period for liquidated damages or 10weeks from

contractual delivery period whichever is earlier MDL reserves the right to cancel the

order and procure the order items services from any available source at MDLrsquos option amp

discretion and entirely at your risk and cost Extra expenditure incurred by MDL in doing

will be recoverable from Bidder Supplier Contractor

30 Freak Low Quotes In case after opening of price bid of technically cleared firms it is noted that L-1 firm has quoted very low rates and indicates to withdraw from the tender then EMD shall be

forfeited and firm may be given tender holiday including intimation to other PSUs If the rates

quoted are less than MDL estimates by 40 or so and if the difference in rate between L1 and L2

is 30 or more than the firm will have to give additional BG of 20 of the PO value excluding

GST as additional security Bank charges for this additional BG shall be borne by MDL and

reimbursed against proof of payment

31 Indemnity - The Bidder Vendor Contractor his employees licencees agents or Sub-Vendor

Sub-contractor while on site of the Purchaser for the purpose of this contract indemnifies the

Purchaser against direct damage and or injury to the property and or the person of the Purchaser or

that of Purchasers employees agents Sub- Contractors Suppliers occurring and to the extent

caused by the negligence of the Bidder Vendor Contractor his employees licencees agents or

Sub-contractor by making good such damages to the property or compensating personal injury

and the total liability for such damages or injury shall be as mutually discussed and agreed to

You shall hold harmless and keep MDL indemnified against all claims arising as a result of

infringement of any patent rights on account of manufacture sale or use of article covered by

the order

32 MDL reserves the right to consider placement of Order Contract in part or in full against the

tendered quantity or item MDL reserves the right to place order on FOB or CIF basis

33 MDL shall not be bound by any printed conditions or provisions in the sellers bid forms or

acknowledgement of contract invoices packing list and any other documents which purport to

impose any conditions at variance with the tender terms final negotiated amp accepted terms

34 Bidders can participate in online bidding

a) By registering with above referred portal for User ID and password

b) By obtaining class III DSC (Digital Signature Certificate) for secured bidding

35 In case of improper on-line filling of Acceptance Formats for Tender Enquiry Form General

Terms amp Conditions (GTampC) and Standard Terms amp Conditions (STACS) it shall be

presumed that all our tender terms amp conditions are acceptable to you

36 In case of any clarifications bidders are requested to contact the undersigned before the closing

date of the tender Bidders can also contact toll-free customer help line of e-procurement portal

httpseprocuremdlnicin ASP on email id eproc-supportgovin Ph no 0120-4200462 0120-

4001002

Bidders intending to witness the Tender opening shall log on to httpseprocuremdlnicin

using digital signatures for witnessing the opening

GM(M)MTI2000007617Passivation Station

Page 25 of 45

37 We look forward to your participation in on-line bidding by offering your most competitive

and reasonable bid against this tender

Yours faithfully

For MAZAGON DOCK LIMITED

M Tanweer Iqbal

CM(C-MP)

Enclosure - 1 Instructions to the Bidders

Enclosure - 2 Illustrative format amp guideline for quoting prices in online Price Bid

Enclosure - 3 Standard Terms amp Conditions (STACS)

Enclosure - 4 General Terms amp Conditions (GTampC)

Enclosure - 5 Loading Factors

Enclosure - 6 Format of Letter of Credit

Enclosure 7 Bank Guarantee Format for EMD

Enclosure 8 Bank Guarantee Format for SD

Enclosure 9 Bank Guarantee Format for PBG

Enclosure - 10 MDL bank details for NEFTRTGS EMDSD transfer

Enclosure 11 Shipping Instruction for Sea amp Air Consignments

Note These Enclosuredocuments to be down loaded from our Website under below linkpath-

wwwmazagondockgovin gt Tenders gt Shipbuilding gt ldquoEnclosures Related to Tender Documents from Material

Purchase Deptrdquo

GM(M)MTI2000007617Passivation Station

Page 26 of 45

Enclosure ndash 1

Instructions to the Bidders for uploading the Techno-Commercial Bid and the Price Bid through E-

Procurement Portal

bullbullbullbull Official service provider for the website is NIC

E-mail eproc-supportgovin Office Ph No 0120-4200462 0120-4001002 Ph No +91-8826246593

bullbullbullbull Pre-requisites for up-loading the Techno-Commercial Bid

(i) Compatible computer hardware software set-up to access e-procure website

(ii) ldquoDigital Signature Certificaterdquo class III B (DSC) is a must for downloading the tender and uploading

the techno commercial offer from our website httpseprocuremdlnicin

(iii) ldquoDigital Signature Certificaterdquo class III B (DSC) can be obtained from our service provider

bullbullbullbull To ensure availability of above prerequisite is bidders responsibility

(i) It is mandatory to upload the complete techno-commercial offer and the price bid on e-

procurement

(ii) No part of the bid other than original EMD (if applicable) shall be accepted physically hard copy

outside e-procurement

(iii) Price bids shall strictly be uploaded in appropriate allotted place in the tender available in e-

procurement so that it remains secured encrypted unreadable in the system

(iv) In no circumstances the price bids shall be forwarded or uploaded in any other form

(v) Entire responsibility of the uploading of the complete techno-commercial bid along with the price

bid shall be that of the bidder

(vi) No request complaint shall be entertained after the due datetime of the tender

(vii) Non availability of any of the prerequisites or last minute calls seeking clarifications projecting

problems shall not entitle a bidder to seek request for extension of due date

(viii) Any problem with regard to uploading of the tender shall be intimated to NIC at least 24 hours in

advance to the tender closing time amp date However it will not be considered as reason for extension

of due date of the tender

(ix) Request for extension if at all to be made shall be forwarded at least 3 working days in advance to

the tender closing date time with proper reasoning The request shall be put up to the competent

authority for consideration on the merit of the case MDL reserves all rights in this regard amp decision

of MDL shall be binding to the applicant

It is important to note that the bidders can upload their bids right from the time the tender is available

at website It is advisable that the bidder uploads the bid well in time rather than wait till last minute

to avoid situations wherein he is unable to successfully upload the bid for various reasons which

cannot be addressed then due to lack of time

bullbullbullbull Special instructions to Bidders for online bidding

GM(M)MTI2000007617Passivation Station

Page 27 of 45

(i) Bidders should login well in advance to enable them to complete their bid submission before the

closing time of the tender

(ii) Bidders should submit their bid well in advance to avoid last minute frantic calls

(iii) Bidders should follow all the instructions enlisted on the front page of e-procure web page

(iv) Bidders should ensure Hardware amp Software compatibility as well as Digital Signature available on

front page of e-procure web site Request for extension of due date shall not be entertained due to

non-availability of these tools

bullbullbullbull Bidders to participate in on-line bidding

(i) By registering with above referred portal for User ID and password

(ii) By obtaining class III DSC (Digital Signature Certificate) for secured bidding

NOTE In case any vendor intending to respond against the tender and is not having the DSC to facilitate

uploading of his bid should approach the Service Provider at least 10 working days in advance of the tender

closing date requesting DSC The request so made to the Service Provider should simultaneously be

forwarded to MDL Dealing Officer In case the DSC is not received within 3 to 4 working days the GM (M)

be informed and the DSC if not received from the Service Provider three working days in advance for

suitable extension to tender closing date then only the tender due date shall be considered

GM(M)MTI2000007617Passivation Station

Page 28 of 45

Annexure-2

Illustrative format amp guideline for quoting prices in online Price Bid

Below format of price bid will appear online Indigenous bidders to follow instructions given in each respective

cell while quoting their cost in online price bid -

Item Sr no 1

Material Description As per clause No 1

Quantity As per clause No 1

Set Set

Currency INR USD EURO

For Indian Bidder Basic Unit Rate in INR only

For Foreign Bidder CIF Rate to be entered by the foreign

currency

To be quoted

of CGST+SGST or IGST on Basic rate To be quoted

Installation Commissioning Charges per Unit To be quoted

of CGST+SGST or IGST on Installation Commissioning

Charges To be quoted

Inspection Testing Charges per Unit To be quoted

of CGST+SGST or IGST on Inspection Testing Charges To be quoted

GM(M)MTI2000007617Passivation Station

Page 29 of 45

Enclosure-3

STANDARD TERMS AND CONDITIONS (STACS) 101 The word Purchaser refers to MAZAGON DOCK SHIPBUILDERS LIMITED (MDL) a Company

registered under the Indian Companies Act 1913 and it includes its successors or assignees

102 The word BidderVendorContractor means the person firm Company who undertakes to

manufacture and or supply and or undertake work of any nature assigned by the Purchaser from time to time

and includes its successors or assignees

103 The word Owner means the person or authority with whom MAZAGON DOCK SHIPBUILDERS

LIMITED (Purchaser) has contracted to carry out work in relation to which orders are placed by the

Purchaser on the BidderVendorContractor under this contract for supply or manufacture of certain items

and would include Department of Defence Production Ministry of Defence Government of India the Indian

Navy the Coast Guard and any other specified authority

120 GENERAL 121 Unless otherwise indicated specifically by the bidder contractor in his bid it shall be construed as his

acceptance of all the conditions mentioned in this STACS

200 COMMUNICATION amp LANGUAGE FOR DOCUMENTATION 201 Any letter facsimile message e-mail intimation or notice sent to the BidderVendorContractor at the

last known address mentioned in the offer order shall be deemed to be valid communication for the purpose

of the ordercontract Unless stated otherwise by the purchaser Language for communication amp all

documentation shall be same which the Purchaser has used in the tender enquiry

210 PURCHASERrsquoS PROPERTY 211 All property (such as materials drawings documents etc) issued by the Purchaser or any other

individual or firm on behalf of the Purchaser in connection with the contract shall remain confidential being

the property of the Purchaser and the BidderVendorContractor shall undertake to return all such property so

issued and will be responsible for any or all loss thereof and damage thereto resulting from whatever causes

and shall reimburse the Purchaser the full amount of loss and damage

212 On completion of work in any compartment location of the purchaserrsquos premises the

BidderSupplierContractor must ensure that the place is left in a reasonably clean state and all scrap is

transferred to nearby scrap-bins

220 RISK PURCHASE 221 If the equipment article service or any portion thereof be not delivered performed by the scheduled

delivery date period any stoppage or discontinuation of ordered supply awarded contract without written

consent by Purchaser or not meeting the required quality standards the Purchaser shall be at liberty without

prejudice to the right of the Purchaser to recover Liquidated Damages penalty as provided for in these

conditions or to any other remedy for breach of contract to terminate the contract either wholly or to the

extent of such default Amounts advanced or part thereof corresponding to the undelivered supply shall be

recoverable from the Contractor Bidder at the prevailing bank rate of interest

222 The Purchaser shall also be at liberty to purchase manufacture or supply from stock as it deems fit

other articles of the same or similar description to make good such default and or in the event of the contract

being terminated the balance of the articles of the remaining to be delivered there under Any excess over the

purchase price cost of manufacture or value of any articles supplied from the stock as the case may be over

the contract price shall be recoverable from the Bidder Vendor Contractor

230 RECOVERY ADJUSTMENT PROVISIONS 231 Payment made under one order shall not be assigned or adjusted to any other order except to the extent

agreed upon in writing by the Purchaser During the currency of the contract if any sum of money is payable

by the Bidder Vendor Contractor the same shall be deducted from any sum then due or thereafter may

become due to the Bidder Vendor Contractor under the contract or any other contract with the Purchaser

240 ADDITIONAL BANK GUARANTEE In case after opening of price bid of technically cleared firms it is noted that L-1 firm has quoted very low

rates and indicates to withdraw from the tender then EMD shall be forfeited and firm may be given tender

holiday including intimation to other PSUs If the rates quoted are less than MDL estimates by 40 or so and

if the difference in rate between L1 and L2 is 30 or more then the firm will have to give additional BG of

20 of the PO value as additional security Bank charges for this additional BG shall be borne by MDL and

reimbursed against proof of payment

250 INDEMNIFICATION 251 The Bidder Vendor Contractor his employees licencees agents or Sub-Vendor Sub-contractor

while on site of the Purchaser for the purpose of this contract indemnifies the Purchaser against direct

GM(M)MTI2000007617Passivation Station

Page 30 of 45

damage and or injury to the property and or the person of the Purchaser or that of Purchasers employees

agents Sub- Contractors Suppliers occurring and to the extent caused by the negligence of the Bidder

Vendor Contractor his employees licencees agents or Sub-contractor by making good such damages to the

property or compensating personal injury and the total liability for such damages or injury shall be as

mutually discussed and agreed to

260 TRANSFER OF VENDORS CONTRACTORrsquoS RIGHTS 261 The Bidder Vendor Contractor shall not either wholly or partly sell transfer assign or otherwise

dispose of the rights liabilities and obligations under the contract between him and the Purchaser without

prior consent of the Purchaser in writing

270 SUBCONTRACT amp RIGHT OF PURCHASER 271 The Bidder Vendor Contractor under no circumstances undertake or subcontract any work contract

from or to any other Sub-contractor without prior written approval of the Competent Authority of Purchaser

In the event it is found that such practice has been indulged in the contract is liable to be terminated without

notice and the Bidder Vendor Contractor is debarred all from future tender enquiries work orders

However in no circumstances a contractor is permitted to subcontract any part of the contract to the bidders

who had quoted for the concerned tender

280 PATENT RIGHTS 281 The Bidder Vendor Contractor shall hold harmless and keep the Purchaser indemnified against all

claims arising as a result of infringement of any patent copy rights on account of manufacture sale or use of

articles covered by the order

290 AGENTS AGENCY COMMISSION

291 The seller confirms and declares to the buyer that the seller is the original manufacturer or authorized

distributorstockiest of original manufacturer of the stores referred to in this contract and has not engaged any

individual or firm whether Indian or foreign whatsoever to intercede facilitate or in any way to

recommended to the Buyer or any of its functionaries whether officially or unofficially to the award of the

Contract Purchase order to the Seller nor has any amount been paid promised or intended to be paid to any

such individual or firm in respect of any such intercession facilitation or recommendation The Seller agrees

that if it is established at any time to the satisfaction of the Buyer that the present declaration is in any way

incorrect or if at a later stage it is discovered by the Buyer that the Seller has engaged any such

individualfirm and paid or intended to pay any amount gift reward fees commission or consideration to

such person party firm or institution whether before or after the signing of this Contract Purchase order

the Seller

will be liable to refund that amount to the Buyer

Tender no GM (M)GRA2000007246 Page 16 of 26

The seller will also be debarred from participation in any RFQTender for new projectsprogram with Buyer

for a minimum period of five years

The buyer will also have a right to consider cancellation of the Contract either wholly or in part without any

entitlement or compensation to the Seller who shall in such event be liable to refund all payments made by

the buyer in terms of the Contract along with interest at the rate of 2 per annum above LIBOR (London

Inter Bank Offer Rate) (for foreign vendors) and base rate of SBI plus 2 (for Indian Vendors)

The Buyer will also have the right to recover any such amount from any contracts concluded earlier with

Buyer

300 USE OF UNDUE INFLUENCE CORRUPT PRACTICES

301 The Bidder Supplier Contractor undertakes that he has not given offered or promised to give directly

or indirectly any gift consideration reward commission fees brokerage or inducement to any person in

service of the Purchaser or otherwise in procuring the contract or forbearing to do or for having done or

forborne to do any act in relation to the obtaining or execution of the Contract with the Purchaser for showing

or forbearing to show favour or disfavour to any person in relation to the Contract or any other Contract with

the Purchaser Any breach of the aforesaid undertaking by the Bidder Supplier Contractor or any one

employed by him or acting on his behalf (whether with or without the knowledge of the Bidder Supplier

Contractor) or the commission of any offence by the Bidder Supplier Contractor or any one employed by

him or acting on his behalf as defined in Chapter IX of the Indian Penal Code 1980 or the Prevention of

Corruption Act 1947 or any other Act enacted or the prevention of corruption shall entitle the Purchaser to

cancel the contract and all or any other contracts with the Bidder Contractor Supplier and recover from the

Bidder Supplier Contractor the amount of any loss arising from such cancellation Decision of the

Purchaser or his nominee to the effect that a breach of the undertaking has been committed shall be final and

binding on the Bidder Supplier Contractor

302 The Bidder Supplier Contractor shall not offer or agree to give any person in the employment of

GM(M)MTI2000007617Passivation Station

Page 31 of 45

Purchaser any gift or consideration of any kind as Inducement or reward for doing or forbearing to do or

for having done or forborne to do any act in relation to the obtaining or execution of the contracts Any

breach of the aforesaid condition by the Bidder Supplier Contractor or any one employed by them or

acting on their behalf (whether with or without the knowledge of the Bidder Supplier Contractor) or the

commission of any offence by the Bidder Supplier Contractor or by any one employed by them or acting

on their behalf which shall be punishable under the Indian Penal Code 1980 andor the Prevention of

Corruption by Public Servants shall entitle Purchaser to cancel the contracts and all or any other contracts

and then to recover from the Bidder Supplier Contractor the amounts of any loss arising from such

contracts cancellation including but not limited to imposition of penal damages forfeiture of Security

Deposit encashment of the Bank Guarantee and refund of the amounts paid by the Purchaser

303 In case it is found to the satisfaction of the Purchaser that the Bidder Supplier Contractor has

engaged an Agent or paid commission or influenced any person to obtain the contract as described in clauses

relating to Agents Agency Commission and use of undue Influence the Bidder Supplier Contractor on a

specific request of the Purchaser shall provide necessary information inspection of the relevant financial

document information

310 IMMUNITY OF GOVERNMENT OF INDIA CLAUSE 311 It is expressly understood and agreed by and between Ms (Bidder Supplier Contractor) and

MAZAGON DOCK SHIPBUILDERS LIMITED Dockyard Road Mumbai - 400 010 (MDL) is entering

into this Agreement solely on its own behalf and not on the behalf of any person or entity In particular it is

expressly understood and agreed that the Government of India is not a party to this Agreement and has no

liabilities obligations or rights hereunder It is expressly understood and agreed that MDL is an independent

legal entity with power and authority to enter into contracts solely in its own behalf under the applicable of

Laws of India and general principles of Contract Law The (Bidder Supplier Contractor) expressly agrees

acknowledges and understands that MDL is not an agent representative or delegate of the Government of

India It is further understood and agreed that the Government of India is not and shall not be liable for any

acts omissions and commissions breaches or other wrongs arising out of the contract Accordingly (Bidder

Supplier Contractor) hereby expressly waives releases and foregoes any and all actions or claims including

cross claims impleader claims or counter claims against the Government of India arising out of this contract

and covenants not to sue Government of India in any manner claim cause of action or thing whatsoever

arising of or under this Agreement

320 EXPORT LICENCE 321 The export licenses that may be required for delivery of the various itemsequipment to MDL shall be

arranged by the Bidder Supplier Contractor from the concerned authorities in their country without any

time amp cost implications on the Purchaser

330 BANNED OR DE-LISTED CONTRACTORS VENDORS 331 The Bidder Vendor Contractor declares that they being Proprietors Directors Partners have not

been any time individually or collectively blacklisted or banned or de-listed by any Government or quasi

Government agencies or PSUs If a bidderrsquos entities as stated above have been blacklisted or banned or delisted

by any Government or quasi Government agencies or PSUs this fact must be clearly stated and it may

not necessarily be a cause for disqualifying him

340 DUTY OF PERSONNEL OF SUPPLIERVENDOR 341 MDL being a Defence Organization Bidder Vendor Contractor undertakes that their personnel

deployed in connection with the entrusted work will not indulge in any activities other than the duties

assigned to them

350 DISPUTE RESOLUTION MECHANISM AND ARBITRATION

351 DISPUTE RESOLUTION MECHANISM (DRM) i) Any disputedifferences between the parties arising out of and in connection with the contract shall be

settled amicably by mutual negotiations

ii) In case of non-settlement by (i) above if at any time before during or after the contract period any

unsettled claim dispute or difference arose between the parties upon or in relation to or in connection with

or in any way touching or concerning this tenderagreementordercontract the same shall be referred to the

concerned Functional Director

The Functional Director shall then nominate an Executive of the rank of General Manager whom he thinks fit

and competent or a Committee of Executives whowhich shall then scrutinise the claimsdisputes that have

been referred to the concerned functional Director and make efforts for amicable settlements by mutual

discussionsnegotiations

iii) In case no amicable settlement is arrived by (ii) above within a period of three months then the contractor

shall approach Public Grievance Cell and address the disputes as per the provisions made under the relevant

GM(M)MTI2000007617Passivation Station

Page 32 of 45

clause of the contract

iv) In case the issuesdisputes do not get settled within a period of six months from the date of

submission of the dispute to the Grievance Cell then the contractor may invoke Arbitration Clause of the

contract

352 ARBITRATION Unresolved disputesdifferences if any shall then be settled by arbitration The

Arbitration proceedings shall be conducted at Mumbai India in English Language under the Arbitration amp

Conciliation Act 1996

MDL prefers to have arbitration through Institutes such as Indian Council of Arbitration (ICA)ICA-DR with

the mutual consent of the parties

353 In case of unresolved differencedispute between the Purchaser and Supplier being Central Public

Sector EnterprisesCentral Govt departments the disputes shall be resolved firstly through mutual discussion

or through the empowered agencies of the Govt or through arbitration by reference by either party to the

department of Public Enterprises as per extant guidelines If disputesdifferences remain

unresolvedunexecuted the same shall be referred first to the Cabinet Secretariat and then if necessary to the

PMO

354 Any changes to arbitration clause must be vetted by HOD (Legal) before incorporation in

contractPO

360 JURISDICTION OF COURTS 361 All contracts shall be deemed to have been wholly made in Mumbai and all claims there under are

payable in Mumbai City and it is the distinct condition of the order that no suit or action for the purpose of

enforcing any claim in respect of the order shall be instituted in any Court other than that situated in Mumbai

City Maharashtra State India ie courts in Mumbai shall alone have jurisdiction to decide upon any dispute

arising out of or in respect of the contract

-----------------------

GM(M)MTI2000007617Passivation Station

Page 33 of 45

Enclosure-4

GENERAL TERMS amp CONDITIONS (GTampC)

A10 Blank

A20 SECURITY DEPOSIT A21 The successful bidder shall submit a Security Deposit 5 of the contract order value (excluding

taxes duties freight service component) of the Order in the form of Demand Draft Bank Guarantee in the

prescribed format in favour of Purchaser within 25 days from date of Contract The Security Deposit will be

returned only after the successful execution of the order contract Refund of Security Deposit whenever

considered admissible by the Purchaser shall be without interest only

A30 FORFEITURE OF EMD BID BOND A31 In cases of withdrawal of bid during validity period or during any extension granted thereof non

acceptance of agreed conditions of Technical and or Commercial and or Price Negotiations non-submission

of the security deposit and or non-acceptance of the order the EMD or bid security will be forfeited or

encashed as the case may be

A40 FORFEITURE OF SECURITY DEPOSIT A41 Non-performance of agreed terms and or defaultbreach by BidderVendorContractor will result in

forfeiture of security deposit with application of risk purchase provisions as felt appropriate by the Purchaser

A50 FORFEITURE OF PERFORMANCE GUARANTEE A51 In the event of BidderVendorContractor failure to attend the Guarantee defects within a reasonable

period of time the Performance Bank Guarantee will be encashed by the Purchaser The Purchaserrsquos decision

shall be final and binding on BidderVendorContractor

A60 SUPPLIES A61 The equipment products items Services to be supplied shall be strictly in accordance with the

Drawings Specifications Requirements indicated in the Tender Enquiry Order with deviations if any as

mutually accepted

A70 PROGRESS REPORTING amp MONITORING A71 Where so stipulated in the order the Bidder Supplier Contractor shall render such reports from time

to time as regards the progress of the contract and in such a form as may be called for by the Purchaser

A80 CANCELLATION OF ORDER A81The Purchaser reserves the right to cancel an order forthwith without any financial implications on either

side if on completion of 50 of the scheduled deliveryCompletion period the progress of

manufactureSupply is not to the satisfaction of Purchaser and failure on the part of the

BidderVendorContractor to comply with the delivery schedule is inevitable In such an event the

BidderVendorContractor shall repay all the advances together with interest at prevailing bank rates from the

date of receipt of such advances till date of repayment The title of any property delivered to Purchaser will

be reverted to the BidderVendorContractor at his cost

A82 In case of breach non-compliance of any of the agreed terms amp conditions of order contract MDL

reserves the right to recover consequential damages from the vendor contractor on account of such

premature termination of contract

A83 In case of delay beyond agreed period for liquidated damages or 10weeks from contractual delivery

period whichever is earlier MDL reserves the right to cancel the order and procure the order items services

from any available source at MDLrsquos option amp discretion and entirely at your risk and cost Extra expenditure

incurred by MDL in doing will be recoverable from Bidder Supplier Contractor

A90 PRESERVATION AND MAINTENANCE

A91 Should any material require any preservation till its final installationfitment the detailed procedure

(Long term amp short term) for the same as also the time of interval after which the state of preservation needs

to be reviewed is to be stated by the BidderVendorContractor

A92 Further the de-preservation prior to the materialequipment being commissioned and the maintenance

procedure together with its periodicity is also to be indicated by the Bidder Vendor Contractor

A93 The Bidder Vendor Contractor in their offer must confirm that indigenous oil lubricants and

preservatives etc can be used in the equipment The bidder must also give assurance that the equipment

performance will not be downgraded by use of indigenous equivalents

A100 FREIGHT amp INSURANCE

A101 For Indigenous Bidders In cases where the offers are for Door Delivery to Purchaser transit freight

amp Insurance charges shall be borne by the Bidder Supplier Contractor In other agreed cases of Ex-works

Ex-Transporters warehouse or Railway godown offers the Bidder Supplier Contractor on dispatch shall

give details of materials with dispatch particulars and their value in time to Purchasers Insurance Company

GM(M)MTI2000007617Passivation Station

Page 34 of 45

on the contact details as provided in the order In such agreed cases the freight amp insurance charges will be

paid by the purchaser directly to the parties concerned

A102 For Foreign Bidders For overseas supplies on CIF port of dispatch basis Transit Insurance shall be

arranged by the Purchaser The Bidder Supplier Contractor shall immediately on despatch of the

items inform all relevant details of despatch such as Order number Bill of LadingAWB number

marked as Freight Paid Insurance policydocument number of packages value of consignment

invoice number in time directly to Purchasers Insurance company amp Purchaser on the contact details

as provided in the order In case of delivery term other than CIFCIP the freight amp insurance charges

will be paid by the purchaser directly to the parties concerned

A110 TAXES amp DUTIES STATUTORY LEVIES A111 Taxes and duties applicable if any shall be regularized by MDL by issuing necessary exemption

certificates in respect of procurement for Defence Projects Bidder shall indicate separately the GST and

duties applicable in their offer When the items qualify for exemption partlyfully but the supplier did not

avail of the same the amount of taxes and duties on such supplies shall be to supplierrsquos account In cases

where exemption certificates are not issued for any reason taxes shall be paid as indicated in the Purchase

OrderContract Tax deduction at source will be effected wherever applicable (eg TDS under Income tax

Act TDS on Works Contract under GST Act etc) from the bills of the Supplier as per statutes Similarly

where payment of Custom duty is agreed to and stipulated in the Purchase Order Contract the same will be

paid by the Purchaser on receipt of supplierrsquos bills along with Custom Certified Duty Paid Challan-Money

Receipt in original or carbon copy as relevant These Challans Receipts Bill of Entry are to be drawn issued

in the name of lsquoMAZAGON DOCK SHIPBUILDERS LIMITEDrsquo only Where payment of GST is agreed to

and stipulated in the Purchase Order Contract the same will be paid by the Purchaser on the basis of

Suppliers TAX INVOICE wherein the GST Number along with HSN SAC code is indicated in the Invoice

A120 DEMURRAGE A121 Storage and Demurrage charges will be payable by the Bidder Vendor Contractor for all shipments

that reach purchaser without proper dispatch documentations Lorry Receipts not accompanied by packing

lists invoices etc The Supplier shall be responsible for fines due to errors or omissions in description weight

or measurements and for increased handling charges due to improper packing

A130 INSPECTION TESTING A131The ordered items will be inspected either by Classification Society Nominated Agency and or by

Inspection Officer nominated by Purchaser at stages defined in the tender Purchase Order or as agreed to be

defined subsequently in terms of the Purchase Order

A132 The decision of the Inspecting Authority or their representatives as the case may be on any question

of the intent meaning and the scope of Specifications Standards shall be final conclusive and binding on

the Bidder Vendor Contractor

A133 The Bidder Vendor Contractor shall accord all facilities to Purchasers Inspectors Nominated

Agency to carry out Inspection Testing during course of manufacture final testing

A140 RECEIPT INSPECTION BY MDL A141 MDL shall carry out necessary inspection of the items on receipt on the basis of an appropriate quality

assurance system and inspection system requirements along with representative of the Owner Any objection

raised by MDL Quality Control Team against quality of materials or workmanship shall be satisfactorily

corrected by the Contractor at his expense including replacement as may be required within shortest possible

time within 30 days Items damaged during transit shall also be rectified replaced by the Contractor within

shortest possible time payment for which shall be made at mutually agreed rates

A150 REJECTION OF MATERIALS A151 Should the articles or any portion thereof of the equipment be found defective rejected the Bidder

Vendor Contractor shall collect the same from the Purchasers Stores all incidental charges being borne by

him (inclusive of Custom duty if payable) within 30 days from the date of intimation to the Bidder Vendor

Contractor of such rejection The Purchaser reserves the right to dispose off the rejected items at the end of

a total period of 90 days in any manner to the best advantage to the Purchaser and recover storage charges

and any consequential damages from sale proceeds of such disposal

A160 TECHNOLOGICAL DEVELOPMENTS MODIFICATIONS

A161 The Bidder Supplier Contractor shall unconditionally and free of cost to the Purchaser transfer

information on technological developments innovations modifications which the BidderSupplier

Contractor would evolve in future (within 3 years) in relation to the supplied equipment To enable this the

Purchasers address shall be added to the Bidder Supplier Contractorrsquos mailing list or database or any other

document maintained for dissemination of product information and the Purchaser shall be informed of the

GM(M)MTI2000007617Passivation Station

Page 35 of 45

action taken in this regard If such improvements modifications are brought in by the Bidder Supplier

Contractorrsquos Design Department in the course of manufacture of equipment ordered by the Purchaser the

Bidder Supplier Contractor shall incorporate such improved versions in the equipment without any extra

cost to the Purchaser under Purchaserrsquos prior consent

A162 If the Purchaser be desirous of getting incorporated all post supply modifications improvements

arising out of technological developments to the original equipment supplied by the Bidder Supplier

Contractor the Bidder Supplier Contractor shall quote for and carry out all such modifications to the

equipment

A163 Where the whole or a portion of the equipment has been specifically developed by the Bidder

Supplier Contractor for the Owner and the latter would through the Purchaser be bearing the entire or part

of the development cost incurred by the Bidder Supplier Contractor the design rights for the whole or

portion thereof of the equipment as appropriate shall vest in the Owners

A164 Prior approval of the Owner should be obtained before similar articles are sold supplied to any other

party other than the Owner If such approval is given and sale is effected the Bidder Supplier Contractor

shall pay to the Owner royalty at the rate mutually agreed to

A165 The Sub-contractor Supplier Supplier shall continue to support the equipment for a minimum period

of 20 years from the date of supply by making available spare parts and assemblies of the equipment

supplied Should the Sub-contractor Supplier Supplier decides to discontinue the product for any reason

whatsoever adequate notice shall be given to the Purchaser Owner to enable procurement of the requisite

lifetime spares

A170 PURCHASERrsquoS RIGHT TO ACCEPT ANY BID PART OF BID AND TO REJECT ANY OR

ALL BIDS A171 The Purchaser reserves the right to accept and or reject any or all tenders and or to withdraw the tender

in Toto and or award the contract order in full or part to more than one vendor contractor without

assigning any reason whatsoever and without thereby incurring any liability to the affected Bidder or Bidders

or any obligations to inform the affected Bidder or Bidders of the grounds for MDL action

A180 BANK GUARANTEE INSURANCE COVER FOR FREE ISSUE MATERIAL A181 The Bidder Supplier Contractor shall furnish Bank Guarantee insurance Cover equivalent to the

value of materials supplied by MDL free of cost valid up to the execution of the contract delivery of

material inspected accepted and receipt at MDL together with the material reconciliation statement

whichever is later

A190 BIDDERrsquoS RESPONSE IN CASE OF NO PARTICIPATION A191 The Sub-contractor Supplier Vendor shall inform the Purchaser in advance in case he is unable to

participate in the tender for whatsoever reason Failure to comply with this will be viewed seriously and

consecutive three failures on the part of Sub-contractor Supplier Vendor to do so is liable for

disqualification debarring of the Sub-contractor Supplier Vendor from all future tender enquiries and or

delisting from the list of Approved Registered Vendors

A230 PREFERENCETIAL PURCHASE FROM MSE VENDORS ndash Not Applicable MDL has right to place order on MSE firm meeting following criteria

In tenders if participating MSEs quoted prices are within price band of L1+15 such MSEs shall also be

allowed to supply a portion up to 20 of requirement by bringing down their prices to L1 price where L1 is

non MSEs If more than 1 MSEs fall under such criteria then this 20 shall be distributed proportionally

This preference shall not be applicable where MSE firm is L1 firm out of 20 percent target of annual

procurement from Micro and Small Enterprises a sub-target of 20 percent (ie 4 percent out of 20 percent)

shall be earmarked for procurement from Micro and Small Enterprises owned by the Scheduled Caste or the

Scheduled Tribe Entrepreneurs In respect of items reserved for MSE extant guidelines shall be followed

Presently Circular No SO 581(E) dated 23032012 is applicable

GM(M)MTI2000007617Passivation Station

Page 36 of 45

Annexure-5

LOADING FACTORS A

Sr

No

Description Foreign Supplier

100 import content

Indigenous

Supplier with part

Import content

Indigenous

Supplier without

Import content

1 Basic Price Quoted

CIF

a a Ex Works

b b Delivered to

MDL Stores

a Ex Works

b Delivered to

MDL Stores

2 Add Insurance Charges Nil In case of 1 (a) In case of 1 (a)

3 Add Sea Air Freight charges

Inland Road Transport Nil In case of 1 (a) In case of 1 (a)

4

Customs Clearance Port

Handling Transportation to

Yard

Applicable NIL NIL

5

Cost (ex-MDL) excluding taxes

amp duties without loading

towards any deviations

CIF price +

SrNo4 Sr Nos (1+2+3) Sr Nos (1+2+3)

B LOADINGS DUE TO VARIATIONS IN FINANCIAL TERM

6 Variation in payment Terms

Varied payment terms quoted by bidders as compared to the terms stated

in the tender document shall be normalized on the amount(s) at variation

and or for the period (in no of days) at variation by adopting the Prime

Lending Rate of State Bank India plus 2 thereon incase of indigenous

bidders and LIBOR EURIBOR rates in case of foreign bidders

7

Income tax amp Service Tax on

Technical Services Service

Engineers liability to MDL

Normalization shall be done in respect of the amount of tax that have to

be borne by the Company

8 Production norms such as

scrap output ndash input ratio

9 Base date for price variation

clause

1

0

Cost (ex-MDL) excluding taxes

amp duties after loading for

variations in financial term

(SR Nos 5 + 6 + 7 + 8 + 9)

C LOADING ON ACCOUNT OF DEVIATIONS IN FOLLOWING COMMERCIAL TERMS

11

Security Deposit Contract

Performance Guarantee Mandatory

12

Equipment Performance

Guarantee Mandatory

13

Additional delivery period

sought over stipulated period as

per Tender

For the additional period sought by the bidder over the stipulated date of

delivery as per tender 050 per week for delayed period will be loaded

to the quoted price if the period under variation does not lead to bid

rejection criteria 14 Additional time sought for

supplying binding data

15 Liquidated damages per week

rate Maximum Ceiling

If bidder seeks less than 5 (Max ceiling) then the difference will be

loaded

The rate of LD per week or part thereof is 05 If bidder seeks say 04

per week or part thereof then Max Ceiling of LD will be equated to

weeks (Say 10 weeks) then LD proposed by bidder works out to 10 X 04

= 4 then 1 will be loaded

16 Warranty Guarantee

Deviations in respect of the period of Warranty shall be loaded to the

quoted price 025 per month or part thereof This does not arise if

the bidder quotes additional price for the differential period

GM(M)MTI2000007617Passivation Station

Page 37 of 45

17

Cost (Ex-MDL) excluding taxes

amp duties after loading for

variations on account of

financial and commercial terms

Sr Nos 10 + 11 + 12 + 13 + 14 + 15 + 16

D LANDED COST

18

Taxes amp Duties

19

Landed Cost Sr Nos 17 + 18

GM(M)MTI2000007617Passivation Station

Page 38 of 45

Annexure-6

LETTER OF CREDIT FORMAT FOR SHIPMENT BY SEA AIR

40A Form of Documentary Credit Type IRREVOCABLE

20 Transaction Reference Number Documentary

Credit Number

31C Date of Issue Date

31D Date and Place of Expiry Date

Place NEGOTIATING BANK

51A Applicant Bank BIC BANKERS OF MDLMUMBAI

50 Applicant Name amp Address MAZAGON DOCK SHIPBUILDERS LTD

DOCKYARD ROAD MAZAGON MUMBAI ndash

400 010

59 Beneficiary Name amp Address

32B Currency Code Amount

Currency

Amount

39A Percentage Credit Amount Tolerance

Tolerance 1

Tolerance 2

41D Available with hellipByhellip Name amp Address

42C Draft at hellip Narrative SIGHTNEGOTIATION

42D Drawee Name amp Address BANKERS OF MDLMUMBAI

43P Partial Shipments Narrative ALLOWEDNOT ALLOWED

43T Transhipment Narrative ALLOWEDNOT ALLOWED

44A Loading on Board Dispatch Narrative AIRPORT SEAPORT (AS PER TENDER

ENQUIRYORDER)

44B For Transportation to Narrative AIRPORT SEAPORT (AS PER TENDER

ENQUIRYORDER)

44C Latest Date of Shipment Date

46A Documents required Narrative (AS PER TENDER ENQUIRY)

47A Additional conditions Narrative 1 ALL DOCUMENTS SHOULD BE MARKED

WITH IEC CODE NO0388070412 LC NO

AND DATE AND IMPORT UNDER NON-

NEGATIVE LIST OF IMPORT EXPORT

POLICY AM

2 DISCREPANT DOCUMENTS TO BE SENT

STRICTLY ON COLLECTION BASIS

71B Details of charges Narrative ALL FOREIGN BANK CHARGES OUTSIDE

INDIA ARE FOR THE BENEFICIARYrsquoS

ACCOUNT

48 Period for presentation

Narrative

WITHIN ----- DAYS FROM THE DATE OF

BILL OF LADING AIRWAY BILL 49 Confirmation instructions

Instruction

WITHOUT

53D Reimbursing Bank

Name amp Address

BANKERS OF MDL WILL SPECIFY

78 Instructions to the Paying Accepting Bank

Narrative

BANKERS OF MDL WILL SPECIFY 72 Sender to Receiver Information

Narrative

BANKERS OF MDL WILL SPECIFY

GM(M)MTI2000007617Passivation Station

Page 39 of 45

Enclosure-7

PROFORMA BANK GUARANTEE FOR BID BOND EMD

(On Non-Judicial stamp paper of value Rs 500-)

IN CONSIDERATION OF MAZAGON DOCK SHIPBUILDERS LIMTED a company incorporated under the Companies Act 1956 and having its registered office at Dockyard Road Mumbai 400010 (hereinafter referred to as

the ldquothe Companyrdquo which expression shall unless it be repugnant or contrary to the subject or context thereof be

deemed to mean and include its successors and assigns) having agreed to accept the Earnest Money Deposit (EMD)

of Rs--------------------------- -------(Rupees-----------------------------only) in the form of Bank Guarantee from Messers

a partnership firmsole proprietor businessa company registered under the Companies Act 1956

having its office at (hereinafter called the tenderer which expression shall unless it be

repugnant or contrary to the subject or context thereof be deemed to mean and include its successors and assigns) for

participating in the Tender nodated (hereinafter called the tender which expression

shall include any amendmentsalterations to the tender issued by the Company) for the supply delivery at site

installation and commissioning of certain equipment itemservicescivil works etc We

Bank having office at (hereinafter referred to as ldquothe Bankrdquo which

expression shall includes its successors and assigns) hereby agree to pay to the Company without any demur on first

demand an amount not exceeding Rs (Rupeesonly) against any loss or damage costs charges and expenses caused to or suffered by the Company by reason of non performance and non-fulfilment or for

any breach on the part of the tenderer of any of the terms and conditions of the said tender

2 We Bank further agree that the Company shall be sole judge whether the said tenderer has

failed to perform or fulfil the said tender in terms thereof or committed breach of any terms and conditions of the

tender the extent of loss damage cost charges and expenses suffered or incurred or would be suffered or incurred by

the Company on account thereof and we waive in the favour of the Company all the rights and defences to which we

as guarantors may be entitled to

3 We Bank further agree that the amount demanded by the Company as such shall be final and

binding on the Bank as to the Bank s liability to pay and the amount demanded and the Bank undertake to pay the

Company the amount so demanded on first demand and without any demur notwithstanding any dispute raised by the

tenderer or any suit or other legal proceedings including arbitration pending before any court tribunal or arbitrator

relating thereto our liability under this guarantee being absolute and unconditional

4 We Bank further agree with the Company that the Company shall have the fullest liberty

without our consent and without affecting in any manner our obligations hereunder to vary any of the terms and

conditions of the said tenderor to extend time of performance by the tenderer from time to time or to postpone for

any time to time any of the powers exercisable by the Company against the tenderer and to forbear to enforce any of

the terms and conditions relating to the tender and we shall not be relieved from our liability by reason of any such

variation or extension being granted to the tenderer or for any forbearance act or omission on the part of the

Company or any indulgence by the Company to the tenderer or by any such matter or things whatsoever which under

the law relating to sureties would have the effect of relieving us

5 We Bank further undertake not to revoke this guarantee during its currency except with

the previous consent of the Company in writing

6 We Bank also agree that the Bankrsquos liability under this guarantee shall not be affected

by any change in the constitution of the tenderer or dissolution or winding up of the business of the tenderer

7 Notwithstanding anything contained herein above

i) Our liability under this guarantee shall not exceed Rs

ii) This Bank Guarantee shall be valid upto and including and

iii) We are liable to pay the guarantee amount or any part thereof under this Bank Guarantee only and only if you

serve upon us a written claim or demand on or before helliphelliphellip (validity + --- weeks from the date of expiry of this

guarantee)

8 This Guarantee shall be governed by Indian laws and the Courts at Mumbai India shall have the exclusive

jurisdiction

GM(M)MTI2000007617Passivation Station

Page 40 of 45

IN WITNESS WHEREOF the Bank has executed this document on this day

of

For Bank

(by its constituted attorney

or the person authorized to sign)

(Signature of a person authorized

to sign on behalf of the Bank)

GM(M)MTI2000007617Passivation Station

Page 41 of 45

Enclosure-8

PROFORMA BANK GUARANTEE FOR SECURITY DEPOSIT (ILLUSTRATIVE FORMAT)

(On Non-Judicial stamp paper of value Rs 500)

IN CONSIDERATION OF MAZAGON DOCK SHIPBUILDERS LIMTED a company incorporated under the

Companies Act 1956 and having its registered office at Dockyard Road Mumbai 400010 (hereinafter referred to as

the ldquothe Purchaserrdquo which expression shall unless it be repugnant or contrary to the subject or context thereof be

deemed to mean and include its successors and assigns) having placed an order on Messers

a partnership firmsole proprietor businessa company registered under the Companies Act 1956

having its office at (hereinafter called the Contractor Supplier which expression shall unless it

be repugnant or contrary to the subject or context thereof be deemed to mean and include its successors and assigns)

vide order No dated (hereinafter called the order which expression shall include any

amendmentsalterations to the order issued by the Purchaser) for the supply delivery at site installation and

commissioning of certain equipment itemservicescivil works etc as stated in the said Order and the Purchaser

having agreed with the ContractorSupplier to accept a Bank Guarantee in lieu of Security Deposit payable under the

said order for the fulfilment and performance of the said order We Bank having

office at (hereinafter referred to as the Bank which expression shall includes its

successors and assigns) hereby agree to pay to the Purchaser without any demur on first demand an amount not

exceeding Rs (Rupeesonly) being 5 of the order value against any loss or damage costs

charges and expenses caused to or suffered by the Purchaser by reason of non performance and non-fulfilment or for

any breach on the part of the Contractor Supplier of any of the terms and conditions of the said order

2 We Bank further agree that the Purchaser shall be sole judge whether the said

contractorSupplier has failed to perform or fulfil the said order in terms thereof or committed breach of any terms

and conditions of the order and the extent of loss damage cost charges and expenses suffered or incurred or would

be suffered or incurred by the Purchaser on account thereof and we waive in the favour

of the Purchaser all the rights and defences to which we as guarantors may be entitled to

3 We Bank further agree that the amount demanded by the Purchaser as such shall be final and

binding on the Bank as to the Bank s liability to pay and the amount demanded and the Bank undertake to pay the

Purchaser the amount so demanded on first demand and without any demur notwithstanding any dispute raised by the

ContractorSupplier or any suit or other legal proceedings including arbitration pending before any court tribunal or

arbitrator relating thereto our liability under this guarantee being absolute and unconditional

4 We Bank further agree with the Purchaser that the Purchaser shall have the fullest liberty

without our consent and without affecting in any manner our obligations hereunder to vary any of the terms and

conditions of the said orderor to extend time of performance by the Supplier from time to time or to

postpone for any time to time any of the powers exercisable by the Purchaser against the Contractor Supplier and to

forbear to enforce any of the terms and conditions relating to the order and we shall not be relieved from our liability

by reason of any such variation or extension being granted to the Contractor Supplier or for any forbearance act or

omission on the part of the Purchaser or any indulgence by the

Purchaser to the ContractorSupplier or by any such matter or things whatsoever which under the law relating to

sureties would have the effect of relieving us

5 We Bank further undertake not to revoke this guarantee during its currency except with

the previous consent of the Purchaser in writing

6 We Bank also agree that the Bankrsquos liability under this guarantee shall not be affected

by any change in the constitution of the Contractor Supplier or dissolution or winding up of the business of the

contractor supplier

7 Notwithstanding anything contained herein above

i) Our liability under this guarantee shall not exceed Rs

ii) This Bank Guarantee shall be valid upto and including and

GM(M)MTI2000007617Passivation Station

Page 42 of 45

iii) We are liable to pay the guarantee amount or any part thereof under this Bank Guarantee only and only if you

serve upon us a written claim or demand on or before helliphelliphelliphellip(validity + ---weeks from the date of expiry of this

guarantee)

8 This Guarantee shall be governed by Indian laws and the Courts at Mumbai India

shall have the exclusive jurisdiction

IN WITNESS WHEREOF the Bank has executed this document on

this day of

For Bank

(by its constituted attorney)

(Signature of a person authorised

to sign on behalf of the Bank)

GM(M)MTI2000007617Passivation Station

Page 43 of 45

Enclosure-9

PROFORMA BANK GUARANTEE FOR PERFORMANCE (ILLUSTRATIVE FORMAT)

(On Non-Judicial stamp paper of value Rs 500-)

IN CONSIDERATION OF MAZAGON DOCK SHIPBUILDERS LIMTED a company incorporated under the

Companies Act 1956 and having its registered office at Dockyard Road Mumbai 400010 (hereinafter referred to as

the ldquothe Purchaserrdquo which expression shall unless it be repugnant or contrary to the subject or context thereof be

deemed to mean and include its successors and assigns) having placed an order on Messers a

partnership firmsole proprietor businessa company registered under the Companies Act 1956 having its Registered

office at (hereinafter called the Contractor Supplier which expression shall unless it be

repugnant or contrary to the subject or context thereof be deemed to mean and include its successors and assigns)

vide order No dated (hereinafter called the order which expression shall include any

amendmentsalterations to the order issued by the Purchaser) for the supply delivery at site installation and

commissioning of certain equipment itemservicescivil works etc as stated in the said Order and the Purchaser

having agreed that the Contractor Supplier shall furnish a security for the performance of the Contractorrsquos

Suppliers obligations andor discharge of the Contractorrsquos Suppliers liability in connection with the said order and

the Purchaser having agreed with the ContractorSupplier to accept a performance guarantee We

Bank having office at (hereinafter referred to as the

Bank which expression shall includes its successors and assigns) hereby agree to pay to the Purchaser without any

demur on first demand an amount not exceeding Rs (Rupeesonly) being 10 of the order

value against any loss or damage costs charges and expenses caused to or suffered by the Purchaser by reason of

non-performance and non-fulfilment or for any breach on the part of the Contractor Supplier of any of the terms and

conditions of the said order

2 We Bank further agree that the Purchaser shall be sole judge whether the said

ContractorSupplier has failed to perform or fulfil the said order in terms thereof or committed breach of any terms

and conditions of the order and the extent of loss damage cost charges and expenses suffered or incurred or would

be suffered or incurred by the Purchaser on account thereof and we waive in the favour of

the Purchaser all the rights and defences to which we as guarantors may be entitled to

3 We Bank further agree that the amount demanded by the Purchaser as such shall be final and

binding on the Bank as to the Bank s liability to pay and the amount demanded and the Bank undertake to pay the

Purchaser the amount so demanded on first demand and without any demur otwithstanding any dispute raised by the

ContractorSupplier or any suit or other legal proceedings including arbitration pending before any court tribunal or

arbitrator relating thereto our liability under this guarantee being absolute and unconditional

4 We Bank further agree with the Purchaser that the Purchaser shall have the fullest liberty

without our consent and without affecting in any manner our obligations hereunder to vary any of the terms and

conditions of the said orderor to extend time of performance by the Supplier from time to time or to postpone for

any time to time any of the powers exercisable by the Purchaser against the Contractor

Supplier and to forbear to enforce any of the terms and conditions relating to the order and we shall not be relieved

from our liability by reason of any such variation or extension being granted to the Contractor Supplier or for any

forbearance act or omission on the part of the Purchaser or any indulgence by the Purchaser to the

ContractorSupplier or by any such matter or things whatsoever which under the law

relating to sureties would have the effect of relieving us

5 We Bank further undertake not to revoke this guarantee during its currency except with

the previous consent of the Purchaser in writing

6 We Bank also agree that the Bankrsquos liability under this guarantee shall not be affected

by any change in the constitution of the Contractor Supplier or

dissolutionhelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

7 Notwithstanding anything contained herein above

i) Our liability under this guarantee shall not exceed Rs

ii) This Bank Guarantee shall be valid upto and including and

GM(M)MTI2000007617Passivation Station

Page 44 of 45

iii) We are liable to pay the guarantee amount or any part thereof under this Bank Guarantee only and only if you

serve upon us a written claim or demand on or before helliphelliphellip (validity + ---weeks from the date of expiry of this

guarantee)

8 This Guarantee shall be governed by Indian laws and the Courts at Mumbai India shall have the exclusive

jurisdiction

IN WITNESS WHEREOF the Bank has executed this document on

this day of

For Bank

(by its constituted attorney)

(Signature of a person authorised

to sign on behalf of the Bank)

GM(M)MTI2000007617Passivation Station

Page 45 of 45

Enclosure-10

Electronic Payment Mandate Form

(MDL Bank details)

Name of the CompanyFirm Mazagon Dock Shipbuilders Limited

Address with Phone no Dockyard Road Mumbai ndash 400010

E-Mail ID

Phone No +91 22 23745310

Fax No

Particulars of Bank Account

Name of the Bank State Bank of India

Name of the Branch Mazagon Dock Mumbai Branch

Branch Code 9054

Bank IFSC NEFT Code SBIN0009054

Bank Address MBPT Workshop building NV Nakhwa Road Mazagon - 400010

City Name Mumbai

Telephone No of Bank +91 22 23752802

9 digit code no of bank amp branch

appearing on the MICR cheque

issued by your bank

400002120

Type of Account Current Account

Account No 10005255246

Income Tax PAN No AAACM8029J

Page 13: Final Tender - Mazagon Dock Shipbuilders...DIVISION-SHIP BUILDING DEPARTMENT-MATERIAL PROCUREMENT Tender no.: GM(M)/MTI/2000007617 for the Engineering, Manufacturing, Supply/Installation,

GM(M)MTI2000007617Passivation Station

Page 13 of 45

For Items-

921 Set of Original + 2 Copies of signed Invoice showing item wise prices as per the order

922

Set of Original + 2 Copies of signed Packing List clearly showing list of items

packed Specifying unit as per Indian Custom Tariff

923

Set of Original + 2 Copies Clean on Board Bill of Lading OR Air Way Bill made in

the name of MDLrsquos Bank and Marked as freight paid

924

Set of Original + 2 Copies of Certificate of approval OR Release Note from MDL

nominated Inspection agency or Work completion performance certificate or

Dispatch clearance from MDL

925 Certificate of country of origin in Original + 2 Copies by chamber of commerce

926 Original + 2 Copies of Warranty Certificate in prescribed format

927

Original + 2 Copies of all Manufacturerrsquos Test Certificates (MTCs) Reports

Drawings Manuals Procedures etc as relevant to the ordered item

928

Original + 2 Copies of Performance Bank guaranteeequivalent BG wherever

applicable

929

Certificate Confirming that supplier has couriered dispatched 03 sets of Non

Negotiable Documents comprising of all Test reports MTCs Technical

Documents Drawings Manuals Procedures etc and of Signed Invoices Packing

Lists Bill of LadingAWB MDL nominated Inspection Agencyrsquos Certificate of

approval Country of Origin Certificate Warranty Certificate Performance Bank

Guarantee directly to MDL

9210

Original + 2 Copies of the Certificate issued by the classified society confirming

seaworthiness of the vessel and that the shipment is made on vessels of not more

than 15 years vintage (Applicable in case of CIF contracts orders agreed by MDL)

9211

Certificate issued by MDL confirming that the delivery is made in time and no

penalty is applicable OR in case of delays admissible amount of penalty will be specified by MDL in this certificate for reduction of equal amount from supplierrsquos

invoice (MDL will issue this certificate generally by e-mail or FAX immediately on

receipt of signed copy of invoice packing list approval certificate of the nominated

inspection agency date of the proposed shipment amp copies of BL or AWB or any

other acceptable documents confirming supplierrsquos readiness dispatch)

9212

Certificate confirming that the shipping instructions (inclusive of packing) have

been followed while packing shipment and forwarding of details for insurance to

MDL

Important Notes for Foreign Bidders 1 All the documents should clearly indicate the Purchasers Order number Import

License Number Airway Bill Bill of Lading Number

2 Foreign Bidders must submit the Letter of Credit format duly filled as per Annexure- 6

of the tender

3 To arrive at the custom charges the foreign bidders must submit the following details

along with the Part ndashI Bid -

(a) Port of dispatch to be clearly specified

(b) Containerized dispatch Break bulk

(c) No of required containers with their size amp type (20Feet40 FeetOpenClosed)

(d) Gross weight

(e) Any other specific handling Instructionsconditions of consignment

GM(M)MTI2000007617Passivation Station

Page 14 of 45

10 GuaranteeWarranty Supplier shall warranty the performance of the Passivation station for a

period of 12 months after commissioning or 24 months after receipt of station at MDL

whichever is earlier

During this period all defects arising out of defective material and faulty workmanship will be

rectified by repairing or replacing part or whole material as necessary free of charge on door

delivery basis Any consequential damagedefect or loss of items due to poor

workmanshippoor material qualitynegligence etc attribute to the bidder to be rectifiedreplaced by the bidder free of cost All the necessary spares tools Service engineers

amp Mechanics required for repairs to be arrange by vendor at no extra cost and machine to be

put into operation at the earliest

11 Performance Bank Guarantee (PBG) The Successful bidders will have to submit PBG in the prescribed format from the list of

Banks approved by SBI Canara Bank published on MDL Website for 10 of the Order value

excluding taxes etc valid for 13 months (validity 12 months + 1 month claim period) from the date of supply or offer your consent to MDL for retention of 10 of order value towards

PBG Bidders may advise their bankbanker to send BG directly to commercial department or

through SWIFT to dispense with additional step of verification of authenticity of signatories

In case of BG transmitted through SWIFT it shall be the responsibility of the bidder that he

directs the receiving banker to forward the message duly authenticated to the concerned

commercial officer mentioned in the tender

12 Bidder shall abide by all Standard Terms and Conditions of Supply (STACS) GTampC and

accordingly contract will be governed as per uploaded form at Stage Name Part ndashI (Techno-

Commercial Bid) Deviation if any shall be clearly indicated In case of discrepancy clauses

mentioned in Tender Technical Scope and Rate sheet will override the clauses mentioned in

other annexure including STACS amp GTampC In event we do not receive acceptance forms

dully filled for TEF STACS and GTampC it shall be presumed that all our terms and

conditions of tender are acceptable to you

13 Taxes amp Duties - The item-wise rates quoted in the Rate Sheet should exclude GST and

duties

131 For Indigenous bidders The rate sheet to be enclosed with the tender will indicate

the rates under each tax head viz GST

a Only those bidders who indicate the taxes amp duties separately as above all

shall be entitled for consideration of change in corresponding rates in case

of variation in statutory levies

b Supplierbidder will not be entitled to any increase in rate of taxes

occurring during the period of extended delivery schedule if there is delay

in supply completion attributed to him however if there is a decrease in

taxes the same must be passed on to MDL

c Wherever all-inclusive prices are quoted by the bidders without bifurcation

of tax elements no escalation can be considered in respect of any variation

in statutory levies arising subsequently because of the absence of the

required base figures in the purchase order contract

132 GST as per GST Laws shall be payable extra as quoted and agreed

133 In case of Purchase of goodsservices from unregistered dealers under GST laws

GST will be paid by MDL under reverse charge mechanism

134 Benefits from reduction in rate of taxITC are required to be passed on to

consumer Where ldquoapplicable GSTrdquo has been quoted as extra Goods and service

providers (except un-registered dealers under GST Law) have to submit

declaration that they have complied with lsquoAnti ndashprofiteering clausersquo under GST

Law Such declaration be given in technical bid

GM(M)MTI2000007617Passivation Station

Page 15 of 45

135 Where the quoted price is claimed to be inclusive of taxes (by other than

composite vendor) MDL consider it as net price on which GST is payable In

such cases the GST may be paid by MDL directly to GSTN under reverse

charge mechanism or otherwise for which no input tax credit will be available to

vendor and vendor is deemed to have confirmed that he will not claim ITC for

such items

136 If the vendor is registered under GST vendor shall mention the HSN code for

goodsampor services in their tax invoice etc These codes must be in accordance

with GST Laws and responsibility of specifying correct HSN code for goodsampor

services is that of the vendor MDL shall not be responsible for any error in HSN

code for goodsampor services specified by suppliercontractor Suppliercontractor

shall pay penalty andor interest imposed on MDL or any loss due to delay in

availing ITC by MDL or any loss of ITC to MDL due to error by vendors at any

stage MDL reserve right to recover any such interest penalty or loss from any amount due to supplier contractor or vendor shall reimburse make good such

loss within 15days after intimation by MDL or otherwise

137 In case MDL is unable to avail ITC suppliercontractor at their own cost shall

rectify the shortcoming in the returns to be filed immediately thereafter Further

if the ITC is delayed denied to MDLreversed subsequently as per GST Laws due

to nondelayed receipt of goods andor services andor tax invoice or expiry of

timelines prescribed in GST Laws for availing ITC non-payment of taxes or non-

filling of returns or any other reasons not attributable to MDL supplier

contractor shall pay any loss of amount along with interest and penalty on MDL

under GST Laws for the number of days the ITC was delayed If the shortcoming

is not rectified by suppliercontractor and MDL ends up in reversal of credits

andor payments suppliercontractor is fully liable for making good all the loss

incurred by MDL MDL reserve right to recover any interest penalty or loss from

any amount due to suppliercontractor or otherwise

138 If the vendor is registered under GST the GST registration number (15 digit

GSTIN) issued by GOI shall be mandatorily provided by the vendor Vendor

having multiple business verticals within state at multiple states with separate

GST registration numbers shall forward GSTIN of only that vertical which is

involved in supply of goods andor services MDL GSTIN is

27AAACM8029J1ZA and vendor shall mention the same while invoicing and

avoid any data entry error on GST portal

139 If the vendor is registered under GST vendor shall ensure timely submission of

invoice as per the provisionsrequirementstimeline promulgated by GOI in

relation to GST Laws with all required supporting documents to enable MDL to

avail input tax credit promptly The vendors invoice inter alia should contain

GSTIN of vendor GSTIN of MDL (ie 27AAACM8029J1ZA) GST tax rate

separately HSN code wise goods or services Place of supply signature of vendor

etc Original invoice needs to be submitted to Bill Receipt Centre at MDL gate

and a copy of the invoice should be given to the GRS Stores

1310 If the vendor is registered under GST vendor shall file all applicable returns

under GST Laws in the stipulated time and any losses of tax credit to MDL

arising due to delay in filling will be recovered from their invoice wherever MDL

is eligible to avail tax credit Any default towards payment of tax andor

uploading of monthly returns by supplier contractors MDL retains right to

withhold payments towards tax portion until the same is corrected and complied

by the suppliercontractor with the requirement of GST along with satisfactory

evidence

GM(M)MTI2000007617Passivation Station

Page 16 of 45

1311 The rate sheet enclosed with the tender will indicate the rates to be entered under

each head wherever applicable Bidder must clearly mention the applicable taxes

amp duties The item-wise rates (ie Basic + PampF + FampI) quoted in the rate sheet

should exclude taxes amp duties Bidder should indicate GST rates as applicable

separately under each of the head in the same rate sheet which will be paid extra

based on tax invoice to the extent applicable The GST will be applicable on total

basic rate of each item (ie Basic +PampF +FampI)

1312 If the vendor changes his registration status from composition dealer to normal

registered dealer under GST Law the vendor has to inform MDL immediately

Further his contract price under GST needs to be negotiated since as a normal

dealer he will have benefit of ITC which he should pass on to MDL

1313 Bid Evaluation Clause - I) As per GST Law ITC is not available

a) For goods and services which are not in furtherance of business

b) In some cases for eg rent a car life insurance work contract services for

immovable property as mentioned under section 17 of GST Act 2017 In such cases

evaluation of bid is inclusive of GST quote by bidder

II) In all other cases ie goods and services not covered under sr no I above

evaluation of bid is exclusive of GST quoted by bidder

III) Further in the case of composition dealer since composition dealer is not

allowed to charge GST in such case evaluation of bid will be on the price quoted by

bidder

1314 For Overseas Bidder All taxes applicable outside India shall be borne by overseas

bidder

a In case of foreign bidders all taxes duties statutory levies and charges which

are to be paid for the delivery of goods amp services shall be paid by the parties

under the present contract in their respective countries MDL shall bear and pay

all taxes duties and statutory levies in India in connection with the execution

andor performance of this contract wrt deliverables delivered and service

rendered as per contract excluding income tax applicable on service charges

b Foreign bidder shall submit tax residency certificate (TRC) in Part ndashI offer In

case of remittances to foreign companies for services as per income tax act and

DTAA provisions TDS shall be carried out from the amount payable towards

services As per the extant applicability and existing rates following cases

pertaining to TDS are presented for clarity

i Case 1 (TRC is made available by foreign bidders) Tax deduction at

source (TDS) 15 of total service payment is applicable If this is

not agreed to by the bidder in the bid or during TNCCNC then this

shall be appropriately loaded as per applicable rates on the price for the

purpose of ranking However bidders to note that TDS rates DTAA

rates differ from country to country It varies from10 to 25

ii Case 2 (TRC is not made available by foreign bidders) Tax deduction

at source (TDS) at the rates as mentioned in the table below is

applicable If this is not agreed to by the bidder in the bid or during

TNCCNC then this shall be appropriately loaded as per applicable

rates on the price for the purpose of ranking These rates shall be as

under

GM(M)MTI2000007617Passivation Station

Page 17 of 45

Service Payment slabs (converted in

INR)

Rate of TDS applicable on total

service payment

Up to value of INR 1 Cr 2575

Above 1 Cr Up to 10 Cr 2626

Above INR 10Cr 270375

14 Loading Criteria Deviations sought by the bidder in respect of Custom Duty exemption

Freight Insurance Payment terms shall be loaded on the bidders quoted prices during price

evaluation by MDL Among the equal bids bidders with ISO 9000 series accreditation over

Non-ISO bidders firstly Manufacturers then their authorized dealers will be given preference

The loading criteria that will be adopted are detailed below amp also as per Enclosure-5

141 It is desirable that the bidder accepts the Payment Terms indicated in clause 9

above Varied payment terms quoted by bidders as compared to the terms stated

in the Tender document shall be normalized by applying SBI Prime Lending

Rate (prevailing at the time of opening of Price bid) plus 2 pa rate of interest

for the period at variation (For Indigenous bidder) amp for overseas bidder the bids

will be normalized at LIBOREURIBOR rate plus 2 for ranking of the bids

142 In case of Foreign supplier the basic cost (CIF) shall be the basis for comparison

of quoted price Custom Duty Custom clearance Port handling transport

charges to the yard will be added to CIF cost to arrive at door delivery cost

143 Delivery of the goods at MDL premises should be the responsibility of the

vendor However for unavoidable reasons if bids are exclusive of transport

andor insurance the same will be loaded at the cost to be incurred by MDL

144 For the additional delivery period sought by the bidder over the stipulated date of

delivery as per Tender 050 per completed week will be loaded to the quoted

price

145 Deviations sought in respect of Liquidated Damages (LD) Deviations sought in

respect of rate per week and or maximum ceiling in respect of liquidated

damages shall be loaded to the quoted price For eg The maximum ceiling

towards liquidated damages stipulated in the tender is 5 and the bidder seeks to

limit it to say 35 then the price quoted will be loaded by 15 If the rate of

LD per week is 05 per week or part thereof as per tender and the bidder seeks

it as say 04 per week or part thereof the maximum ceiling on L D as per

tender will first be equated to weeks (10 weeks in this case) and the rate proposed

by the bidder ie 04 will be multiplied by the so equated maximum Period

(which works out to 4) and the quoted price will be loaded accordingly by 1

Delivery being the essence of the contract it is desirable if the bidders adhere to

the stipulated clause

146 Deviations in respect of the period of Warranty shall be loaded to the quoted price

025 per month or part thereof This does not arise if the bidder quotes

additional price for the differential period

147 The ranking of price bids shall be done overall L1 basis excluding GST (ie total

of basic price exclusive of GST quoted by bidder) In these cases the variation in

statutory levies etc are not allowed unless the breakup in respect of taxes duties

GM(M)MTI2000007617Passivation Station

Page 18 of 45

are clearly and separately furnished in bid

148 For opening LC all charges outside India shall be borne by the Beneficiary

(supplier) Additional loading of prices (A) Towards charges incurred in LC opening

by MDL and (B) Interest for period of 20 days base rate of SBI+2 on payment

amount is to be considered while evaluating foreign bidders for ranking purpose

15 Ranking of Bids amp Determination of L-1 Bidders Ranking of price bids shall be done on overall L1 basis with exclusive of GST

If any variations in statutory levies the break up in respect of any charges is clearly

and separately furnished in the bid and the MDL is satisfied that the rates of taxes

indicated therein are in line with the tax law so that escalation due to variation in the

taxes can be justifiably considered to the extent legitimately allowable on the base

amount(s) indicated in the bid Therefore bidder is requested to show the break up

regarding taxes as applicable in the bid

Note 1 In case of overseas supplier the ldquoCIF cost+ Inspectiontesting charges+ Installation

Commissioning charges+ custom duty+ IGST (if ITC is not available) + Custom

Clearance +port handling +transportation charges to the yard if any + LC opening

charges + interest for period of 20 days base rate of SBI +2 on payment amount

ldquoshall be the basis for comparison of quoted price Custom duty IGST Custom clearance Port handling transport charges to the yard will be added to CIF cost to

arrive at door delivery cost

2 If Service Component exists in an offer from a foreign vendor then Tax Residency

certificate (TRC) should be submitted with Part I offer If no TRC is submitted then

the enhanced Income Tax rate and Service Tax thereon will be considered while

determining L-1

3 Techno-Commercially Qualified overall lowest bidder exclusive of GST will be

considered for the placement of order 4 On-line Ranking visible to the bidders after opening part II price bid is without

loading parameters However the L1 bidder will be evaluated offline after

consideration of all applicable loading parameters as mentioned in the tender

document and commercial terms

5 In case of any discrepancy in the Blank Rate Schedule Format and actual Online

Price Bid after opening of the Price Bids the details (GST) mentioned in the On-line

Price bids shall prevail over the details in blank rate schedule format

6 ldquoBasic costrdquo is defined as ldquoDoor delivery cost (excluding GST)rdquo which includes

packing amp forwarding Delivery insurance registration charges and any cost involved

as per scope of work towards material and services basic cost of Installation

commissioning and inspection amp testing

7 ITC can be availed by MDL for the items as notified under GST ACT 2017 ITC

can be availed by MDL for registered bidder and for unregistered bidder under

reverse charge mechanism Since no ITC can be availed in case of bidders registered

under composition scheme their quoted cost will be considered for ranking

comparison purpose

16 Consignee The Successful bidders shall arrange dispatch of goods by appropriate Rail Road

Sea Air transport mode as per the order to lsquoEAST YARD STORESrsquo and further to user dept

on working days (Monday to Friday) between 800 hrs to 1500 hrs (Lunch Time 1130 to 1200

hrs) In case trucktempo reaches our yard beyond above time the same may be retained over

night at your risk amp cost

An advance copy of invoices along with other relevant documents shall be forwarded to the

purchaser sufficiently in advance to enable clearance of cargo within allowed demurrage free

days to avoid demurrage In case of door delivery orders the supplier shall categorically direct

the transporter to deliver the ordered items without insisting for consignee copy of the Lorry

Receipt

GM(M)MTI2000007617Passivation Station

Page 19 of 45

17 Modifications to the Bids Bidder desirous of submitting modified bid prior to the closing

date and time may do so online not later than deadline of submission of bids Please note that

modified bid shall be submitted through e-procurement system only Bidder can change the

submitted bid any number of times till the closing time and the last changed bid will be

considered for ranking of the bids

18 PURCHASE PREFERENCE TO MAKE IN INDIA As per Public Procurement Order Ref No P-4502122017-B E-II Dtd 15062017 issued by Govt

of India to encourage ldquoMake in Indiardquo policy Purchase Preference shall be given to local suppliers

in the following manner

(a) The terminology definitions used in the said order is as below

(i) ldquoLocal contentrdquo means the amount of value added in India be the total value of items procured

excluding net domestic indirect taxes) minus the value of imported content in the item (including

all customs duties) as a proportion of the total value in percent

(ii) ldquoLocal Supplierrdquo means a supplier or service provider whose product or service offered for procurement meets the minimum local content as prescribed under the said Order or by the

competent Ministries Department in pursuance of said order A Local Supplier can be an Indian

or Foreign bidder

(iii) ldquoMargin of Purchase Preferencerdquo means the maximum extent to which the price quoted by

local supplier may be above the L1 for the purpose of purchase preference The margin of

purchase preference for the present tender is 20

(b) Minimum local content

(i) The minimum local content in the offer is to be not less than 50 for the present tender for a

bidder to be considered as a Local Supplier

(ii) The local content can be increased through partnerships cooperation with local companies

establishing production units in India or Joint Ventures (JV) with Indian suppliers increasing the

participation of local employees in services and training themrsquo

(iii) On opening of the price bids if it is identified that there is difference in price receive amp

declaration made and local content is now not meeting the specified tender requirement (ie only

on the quoted price without any loading) then such case will be processed without any purchase

preference

(c) Declaration by Local Supplier Local Supplier should declare that the item and service

offered meets the minimum local content amp indicate its percentage in their offer which shall meet

(or even offer more) required content as specified in tender This declaration is necessary even if

Custom Duty Exemption and or ERV (if applicable) are not being sought Following documents

are to be submitted in technical offer ndash

Part-I bid

(i) Local Component list ie Items and services which are being procured produced domestically

by supplier in the system equipment service offered against tender This list shall include all the

components raw materials sub services etc

(ii) Foreign Imported Component list ie Items and services which are being supplied by bidder

from outside India in the system equipment service offered against tender This list shall include

all the components raw materials sub services etc

(iii) Bidders shall give the details of the location(s) at which the local value addition is made

Additionally location(s) details from where foreign imported components are being supplied be

also informed

(iv) Bidders shall give the price break-up in percentage for ldquoLocal Componentrdquo and ldquoForeign

Imported Componentrdquo

(v) Custom duty applicable on FE component for all foreign items (vi) The Local Suppliers are required to provide self-certification as per Annexure-11

Note In cases of procurement for value in excess of Rs 10 Crores the local supplier shall be required to

provide a certificate from statutory auditor or cost auditor of the company (in case of companies)

or from a practicing cost accountant or practicing charted accountant (in respect of supplier other

GM(M)MTI2000007617Passivation Station

Page 20 of 45

than companies) giving the percentage of local content amp applicable item wise custom duty

Once the declaration certification is committed at tender submission stage the same cannot be

altered at technical negotiation stage or after award of contract otherwise would be treated

considered as false declaration by bidder

In the event of bidders not declaring or declaring less local content percentage in the offer MDL

will consider quote bid of such bidders with local content as ldquo0rdquo or ldquoNILrdquo ie the offers of such

bidders will be treated as a ldquoNon Local Supplierrdquo where no purchase preference shall be granted to these bidders

(d) If the Local Supplier is also a MSE Vendor seeking the benefit of Public Procurement Policy

for MSEs Order 2012 then such bidders should not seek benefits against the Preference to Make

in India policy ndash Order 2017 Such bidders should categorically seek benefits of only one policy

which cannot be modified subsequently once declared in the Annexure-A referred above while

submitting the bid

(e) Custom duty issue Imported FE content is inclusive of all custom duties which is required

for arriving local content Bidders to note the following about declaration of FE Content

(i) All bidders should upfront declare line item wise custom duty duly certified Such declared

custom duty percentage will only be considered for arriving local content

(ii) In the event if the rate of custom duty is found higher than the declared custom duty by bidder

then the bidderrsquos declaration shall be final for arriving L1 bid Also in such case the difference in

custom duty would be to bidders account In case of foreign bidders the same would be to bidders

account and shall not be borne or reimbursed by Shipyard

(iii) In the event of rate of custom duty happens to be lower at the time of clearance of goods then

actual custom duty shall be payable

(iv) Notwithstanding above local content shall be calculated based on the declared custom duty by

the bidder in techno-commercial bid

(f) Preference to Local Supplier The following procedure will be adopted for deciding on

preference to Local Supplier over a non-local supplier wrt Public Procurement (Preference to

Make in India) order 2017

(i) Among all qualified bids the lowest bid will be termed as L1 If L1 is from a local supplier the

contract will be awarded to L1

(ii) If L1 is not from a local supplier the lowest bidder among the local suppliers will be invited

to match the L1 price subject to local supplierrsquos quoted price falling within the margin of purchase

preference and contract shall be awarded to such local supplier subject to matching the L1 price

(iii) In case such lowest eligible local supplier fails to match the L1 price the local supplier with

the next higher bid within the margin of purchase preference shall be invited to match the L1 price

and so on and contract shall be awarded accordingly In case none of the local suppliers within the

margin of purchase preference matches the L1 price then the contract may be awarded to the L1

bidder

(g) Preference between LS and MSE Bidder This clause is applicable only if line items are

separable and MSE preference clause is also applicable Between the MSE and Local

Supplier the MSE bidder will be given preference to match with L1 bidder as per Public Procurement Policy for MSEs Order 2012 MSE vendor will be evaluated with L1+15 MSE

doesnrsquot fall under Public Procurement (Preference to Make in India) Order 2017 Local Supplier

will be evaluated with L1+20 (Margin of Purchase Preference ordinary) as per Public

Procurement (Preference to Make in India) Order 2017

(h) After the contract is awarded and the supplies are completed each supplier shall provide the supporting documentation towards realization of committed Local Content as per the contract

order terms amp conditions

In addition to these documents a ldquoLocal content certificaterdquo also shall be submitted stating the

percentage of local content in the items or services measured The ldquoLocal content certificaterdquo shall

be submitted along with the invoice

Note In cases of procurement for value in excess of Rs 10 Crores the local supplier shall be

required to provide a certificate from statutory auditor or cost auditor of the company (in case of

GM(M)MTI2000007617Passivation Station

Page 21 of 45

companies) or from a practicing cost accountant or practicing charted accountant (in respect of

supplier other than companies) giving the percentage of local content

(i) False declaration will be in breach of Code of Integrity under Rule 175(1)(i)(h) of GFR 2017

for which a bidder or its successor can be debarred for up to 2 years as per Rule 151(iii) of GFR

2017 along with such other actions as may be permissible under law

(j) Complaints Grievance Any complaints grievances relating to implementation of this order

shall be taken up by Public Grievance Cell of MDL headed by GM(F-PampS) Fees for filing a complaint under the order shall be Rs 10000- per case The complaints shall be filed to the

Chairman Public Grievance Cell The fee shall be deposited in MDLrsquos Account by NEFT

19 Public Grievance Cell A Public Grievance Cell headed by ED (East Yard) has been set up in

the Company Members of public having complaints or grievances are advised to contact him

on Wednesday between 1000 hours and 1230 hours in his EY-office MAZAGON DOCK

SHIPBUILDERS LIMITED Dockyard Road Mumbai - 400010 (022 ndash 23763506 23738368)

or send their complaints grievances to him in writing for redressal

20 Supply on MDL Holidays Request for permission for delivery on Saturday Sunday

holidays if required should be submitted 3 working days prior to the date of holiday to

Personnel department and Security through concerned Dept

21 Liquidated Damages Time is an essence of the contract therefore the job as ordered should be

completed on the dates mutually agreed upon in accordance with the delivery schedule In cases

of delay not attributable to Purchaser beyond the agreed schedule the Successful bidder shall pay

liquidated damages a sum representing 05 (Half per cent) per week or part thereof subject to

maximum of 5 of the final Order Contract value Vendor Contractor (Seller) will also be liable

to pay Liquidated Damages for late delivery of Manuals Drawings and Documentation as agreed

to by Purchaser and Vendor Contractor (Seller) and as stated in the Purchase Order The amount

of such damages will be clearly defined in the Purchase Order and may extend up to 5 of the

Order Value excluding taxes Applicability of LD will be considered as below -

1) Delay in manufacturing and supplydelivery of machinematerialitemsequipments at

MDL after dispatch clearance beyond specified schedule will attract LD 05 per week

or part thereof subject to maximum of 5

2) Delay in Installation trial Commissioning amp Training at MDL as per Work

completion date as certified by MDL user dept beyond specified schedule will attract

LD 05 per week or part thereof subject to maximum of 5 as per order

22 Hindrance Register All hindrances with date of occurrences and removal shall be noted in the

Hindrance Register The Hindrance Register shall be signed by the representatives of both MDL

as well as Contractor

23 Security Deposit (SD) The successful bidders shall have to submit Security Deposit for an

amount of 5 of the Order value excluding GST etc electronically through NEFT RTGS or

in the form of Bank Guarantee drawn in favor of MAZAGON DOCK SHIPBUILDERS

LIMITED Mumbai from the list of Banks approved by SBI Canara Bank published on MDL

Website within 25 days from the date of Order amp must be valid up to contract period plus one

month No interest will be paid on Security Deposit Please note that MDL does not extend any

concession such as exemption in payment of Security Deposit etc to any organization

irrespective of their status like registration with MDL NSIC SSI and MSME etc In case of

failure to submit Security Deposit within 25 days from the date of order placement EMD

submitted will be encashed and risk purchase clause would be invoked The Security Deposit

will be returned only after successful execution of the order and shall be interest free In the

event of failure to execute the order satisfactorily the Security Deposit will be encashed by

MDL If order is fully executed within 25 days from the date of purchase order submission of

security deposit is not applicable For delayed period of submission of SD beyond 25 days

from date of order bidder has to pay applicable interest In case the bidder is Indian Public

Sector Unit they shall submit the indemnity bond instead of Security Deposit Bidders may

advise their bankbanker to send BG directly to commercial department or through SWIFT to

dispense with additional step of verification of authenticity of signatories In case of BG

GM(M)MTI2000007617Passivation Station

Page 22 of 45

transmitted through SWIFT it shall be the responsibility of the bidder that he directs the

receiving banker to forward the message For delayed period of submission of SD beyond 25

days from date of order interest will be recovered as mentioned below

For Indian suppliers it will be SBAR plus 2 and EUROBORLIBOR plus 2 for Foreign

bidder Security Deposit will be returned only after successful execution of the order and shall

be interest free In the event of failure to execute the order satisfactorily the Security Deposit

will be encashed by MDL PSUs can submit Indemnity bond in lieu of Security deposit Bidders can submit SD amount

by using payment gateways through MDL website

24 Delivery ScheduleWork Completion Schedule and delivery term (For foreign bidders) The

entire scope of work ie Design manufacture Supply Installation Commissioning STW amp

Training to be completed within 6 months from the date of receipt of PO

1) Supplydelivery of machineItemsEquipmentsspares at MDL = within 20 weeks (CIF delivery) and

2) Time for transportation amp custom clearance time = 2 weeks

3) Installation Trials Training and Commissioning = Within 2 weeks

Delivery Term (1) Supply For Indigenous bidder Door DeliveryFOR MDL GRS Stores

For Overseas Bidder CIF Port of destination (Mumbai)

(2) Installation Commissioning STW Training -

For Overseas Bidders At MDL site

Training to be imparted to Non-executives-04 Nos for 7 days (1 week)

Delivery ScheduleWork Completion Schedule and delivery term (For Indigenous bidders) The entire scope of work ie Design manufacture Supply Installation Commissioning STW amp

Training to be completed within 6 months from the date of receipt of PO

1) Supplydelivery of machineItemsEquipmentsspares at MDL = within 22 weeks (CIF

delivery) and

2) Installation Trials Training and Commissioning = Within 2 weeks

Delivery Term (1) Supply For Indigenous bidder Door DeliveryFOR MDL GRS Stores

For Overseas Bidder CIF Port of destination (Mumbai)

(2) Installation Commissioning STW Training - For Indigenous Bidders At MDL site

Training to be imparted to Non-executives-04 Nos for 7 days (1 week)

25 Assistance for Installation Testing Commissioning Maintenance amp other Technical

activities 1 Services of engineersManpower in connection with assistance of delivery

loadingunloading installation setting-in-work testing tuning commissioning

training to be considered in the scope of supply

2 All machinery equipments Oxygenother fuel gas for cutting fork lift welding Tools

amp Tackles accessories spares Chemicals consumables Special tools Fixtures and

tackles Workshop and fabrication shop Calibration facility Local transportation and

Internal Transportation storage amp preservation materials Ist fill of Oil lubricants

grease amp other resources etc required for Installation commissioning work to be

arranged by contractor Crane facility for unloading the equipment at the site Space water compressed air and electric Power will be provided by MDL

During Guarantee Warranty period the entire maintenance repair job shall be carried out by

experienced service engineers amp technicians The supply of all necessary tools tackles and

instruments required for the preventive and breakdown maintenance of the equipment covered

by this contract shall be in contractorrsquos scope No sub-contracting will be allowed

26 Spares Post sale product support 1 The Bidder shall assure a continuous supply of spare parts for at least 10 years from

GM(M)MTI2000007617Passivation Station

Page 23 of 45

the date of commissioning of the machine at MDL

2 List of Service centers amp Setup details to be provided

3 Standard accessories required for making itemequipmentmachine operational amp

ready to use should be included in the scope of supply

4 All defective parts spares can either be repaired or replaced by new parts Spares

replaced will be either of same make or equivalent as suggested by the OEM after

consultation with MDL However the total responsibility of the quality of spares supplied or parts repaired shall be with the Contractor

3 If any defective partitemequipment required to be taken out to the service center by

the firm for the further repairing the firm shall be asked to submit the necessary

indemnity bondBG as required Taking out defective partitemequipment from MDL

and bringing back repaired part item equipment to MDL is in the firmrsquos scope of

work The firm has to bear all the transportation charges amp transit insurance

27 Inspection - (a) Receipt Inspection by MDL- MDL inspection cell amp User dept shall carry out necessary

inspection of the items on receipt in the MDL Yard on the basis of an appropriate MDL

Inspection system requirement along with the representative of user dept amp the Inspection

documents submitted by suppliers Any objection raised by MDL inspection team against

quality of material or workmanship shall be satisfactorily corrected by the supplier at his

expenses including replacement as may be required within shortest possible time within 30

days Items damaged during transit shall also be rectified or replaced by the supplier within

shortest possible time

(b) Rejection of the material Any portion of the equipment found defectiverejected the

supplier shall collect the same at his cost from the MDL Yard all incidental charges being

born by supplier (inclusive of custom duty if payable) within 30 days from the date of

intimation to the supplier of such rejection The MDL reserves the rights to dispose off the

rejected item at the end of a total period of 90 days in any manner to the best advantage to the

MDLamp recover storage charges amp any consequential damages from sale proceeds of such

disposal

(c) Final work completion certificate in respect of completion of entire scope of work will be

certified by MDL user dept

28 Purchase Preference for MSE - NA

29 Risk Purchase amp Cancellation of Order (a) If the equipment article service or any portion thereof be not delivered performed by

the scheduled delivery date period any stoppage or discontinuation of ordered supply

awarded contract without written consent by Purchaser or not meeting the required quality

standards the Purchaser shall be at liberty without prejudice to the right of the Purchaser

to recover Liquidated Damages penalty as provided for in these conditions or to any

other remedy for breach of contract to terminate the contract either wholly or to the extent

of such default Amounts advanced or part thereof corresponding to the undelivered

supply shall be recoverable from the Contractor Bidder at the prevailing bank rate of interest

(b) The Purchaser shall also be at liberty to purchase manufacture or supply from stock as it

deems fit other articles of the same or similar description to make good such default and

or in the event of the contract being terminated the balance of the articles of the

remaining to be delivered there under Any excess over the purchase price cost of

manufacture or value of any articles supplied from the stock as the case may be over the

contract price shall be recoverable from the Bidder Vendor Contractor

(c) The Purchaser reserves the right to cancel an order forthwith without any financial

implications on either side if on completion of 50 of the scheduled deliveryCompletion

period the progress of manufactureSupply is not to the satisfaction of Purchaser and

failure on the part of the BidderVendorContractor to comply with the delivery schedule

is inevitable In such an event the BidderVendorContractor shall repay all the advances

GM(M)MTI2000007617Passivation Station

Page 24 of 45

together with interest at prevailing bank rates from the date of receipt of such advances till

date of repayment The title of any property delivered to Purchaser will be reverted to the

BidderVendorContractor at his cost

(d) In case of breach non-compliance of any of the agreed terms amp conditions of order

contract MDL reserves the right to recover consequential damages from the vendor

contractor on account of such premature termination of contract

(e) In case of delay beyond agreed period for liquidated damages or 10weeks from

contractual delivery period whichever is earlier MDL reserves the right to cancel the

order and procure the order items services from any available source at MDLrsquos option amp

discretion and entirely at your risk and cost Extra expenditure incurred by MDL in doing

will be recoverable from Bidder Supplier Contractor

30 Freak Low Quotes In case after opening of price bid of technically cleared firms it is noted that L-1 firm has quoted very low rates and indicates to withdraw from the tender then EMD shall be

forfeited and firm may be given tender holiday including intimation to other PSUs If the rates

quoted are less than MDL estimates by 40 or so and if the difference in rate between L1 and L2

is 30 or more than the firm will have to give additional BG of 20 of the PO value excluding

GST as additional security Bank charges for this additional BG shall be borne by MDL and

reimbursed against proof of payment

31 Indemnity - The Bidder Vendor Contractor his employees licencees agents or Sub-Vendor

Sub-contractor while on site of the Purchaser for the purpose of this contract indemnifies the

Purchaser against direct damage and or injury to the property and or the person of the Purchaser or

that of Purchasers employees agents Sub- Contractors Suppliers occurring and to the extent

caused by the negligence of the Bidder Vendor Contractor his employees licencees agents or

Sub-contractor by making good such damages to the property or compensating personal injury

and the total liability for such damages or injury shall be as mutually discussed and agreed to

You shall hold harmless and keep MDL indemnified against all claims arising as a result of

infringement of any patent rights on account of manufacture sale or use of article covered by

the order

32 MDL reserves the right to consider placement of Order Contract in part or in full against the

tendered quantity or item MDL reserves the right to place order on FOB or CIF basis

33 MDL shall not be bound by any printed conditions or provisions in the sellers bid forms or

acknowledgement of contract invoices packing list and any other documents which purport to

impose any conditions at variance with the tender terms final negotiated amp accepted terms

34 Bidders can participate in online bidding

a) By registering with above referred portal for User ID and password

b) By obtaining class III DSC (Digital Signature Certificate) for secured bidding

35 In case of improper on-line filling of Acceptance Formats for Tender Enquiry Form General

Terms amp Conditions (GTampC) and Standard Terms amp Conditions (STACS) it shall be

presumed that all our tender terms amp conditions are acceptable to you

36 In case of any clarifications bidders are requested to contact the undersigned before the closing

date of the tender Bidders can also contact toll-free customer help line of e-procurement portal

httpseprocuremdlnicin ASP on email id eproc-supportgovin Ph no 0120-4200462 0120-

4001002

Bidders intending to witness the Tender opening shall log on to httpseprocuremdlnicin

using digital signatures for witnessing the opening

GM(M)MTI2000007617Passivation Station

Page 25 of 45

37 We look forward to your participation in on-line bidding by offering your most competitive

and reasonable bid against this tender

Yours faithfully

For MAZAGON DOCK LIMITED

M Tanweer Iqbal

CM(C-MP)

Enclosure - 1 Instructions to the Bidders

Enclosure - 2 Illustrative format amp guideline for quoting prices in online Price Bid

Enclosure - 3 Standard Terms amp Conditions (STACS)

Enclosure - 4 General Terms amp Conditions (GTampC)

Enclosure - 5 Loading Factors

Enclosure - 6 Format of Letter of Credit

Enclosure 7 Bank Guarantee Format for EMD

Enclosure 8 Bank Guarantee Format for SD

Enclosure 9 Bank Guarantee Format for PBG

Enclosure - 10 MDL bank details for NEFTRTGS EMDSD transfer

Enclosure 11 Shipping Instruction for Sea amp Air Consignments

Note These Enclosuredocuments to be down loaded from our Website under below linkpath-

wwwmazagondockgovin gt Tenders gt Shipbuilding gt ldquoEnclosures Related to Tender Documents from Material

Purchase Deptrdquo

GM(M)MTI2000007617Passivation Station

Page 26 of 45

Enclosure ndash 1

Instructions to the Bidders for uploading the Techno-Commercial Bid and the Price Bid through E-

Procurement Portal

bullbullbullbull Official service provider for the website is NIC

E-mail eproc-supportgovin Office Ph No 0120-4200462 0120-4001002 Ph No +91-8826246593

bullbullbullbull Pre-requisites for up-loading the Techno-Commercial Bid

(i) Compatible computer hardware software set-up to access e-procure website

(ii) ldquoDigital Signature Certificaterdquo class III B (DSC) is a must for downloading the tender and uploading

the techno commercial offer from our website httpseprocuremdlnicin

(iii) ldquoDigital Signature Certificaterdquo class III B (DSC) can be obtained from our service provider

bullbullbullbull To ensure availability of above prerequisite is bidders responsibility

(i) It is mandatory to upload the complete techno-commercial offer and the price bid on e-

procurement

(ii) No part of the bid other than original EMD (if applicable) shall be accepted physically hard copy

outside e-procurement

(iii) Price bids shall strictly be uploaded in appropriate allotted place in the tender available in e-

procurement so that it remains secured encrypted unreadable in the system

(iv) In no circumstances the price bids shall be forwarded or uploaded in any other form

(v) Entire responsibility of the uploading of the complete techno-commercial bid along with the price

bid shall be that of the bidder

(vi) No request complaint shall be entertained after the due datetime of the tender

(vii) Non availability of any of the prerequisites or last minute calls seeking clarifications projecting

problems shall not entitle a bidder to seek request for extension of due date

(viii) Any problem with regard to uploading of the tender shall be intimated to NIC at least 24 hours in

advance to the tender closing time amp date However it will not be considered as reason for extension

of due date of the tender

(ix) Request for extension if at all to be made shall be forwarded at least 3 working days in advance to

the tender closing date time with proper reasoning The request shall be put up to the competent

authority for consideration on the merit of the case MDL reserves all rights in this regard amp decision

of MDL shall be binding to the applicant

It is important to note that the bidders can upload their bids right from the time the tender is available

at website It is advisable that the bidder uploads the bid well in time rather than wait till last minute

to avoid situations wherein he is unable to successfully upload the bid for various reasons which

cannot be addressed then due to lack of time

bullbullbullbull Special instructions to Bidders for online bidding

GM(M)MTI2000007617Passivation Station

Page 27 of 45

(i) Bidders should login well in advance to enable them to complete their bid submission before the

closing time of the tender

(ii) Bidders should submit their bid well in advance to avoid last minute frantic calls

(iii) Bidders should follow all the instructions enlisted on the front page of e-procure web page

(iv) Bidders should ensure Hardware amp Software compatibility as well as Digital Signature available on

front page of e-procure web site Request for extension of due date shall not be entertained due to

non-availability of these tools

bullbullbullbull Bidders to participate in on-line bidding

(i) By registering with above referred portal for User ID and password

(ii) By obtaining class III DSC (Digital Signature Certificate) for secured bidding

NOTE In case any vendor intending to respond against the tender and is not having the DSC to facilitate

uploading of his bid should approach the Service Provider at least 10 working days in advance of the tender

closing date requesting DSC The request so made to the Service Provider should simultaneously be

forwarded to MDL Dealing Officer In case the DSC is not received within 3 to 4 working days the GM (M)

be informed and the DSC if not received from the Service Provider three working days in advance for

suitable extension to tender closing date then only the tender due date shall be considered

GM(M)MTI2000007617Passivation Station

Page 28 of 45

Annexure-2

Illustrative format amp guideline for quoting prices in online Price Bid

Below format of price bid will appear online Indigenous bidders to follow instructions given in each respective

cell while quoting their cost in online price bid -

Item Sr no 1

Material Description As per clause No 1

Quantity As per clause No 1

Set Set

Currency INR USD EURO

For Indian Bidder Basic Unit Rate in INR only

For Foreign Bidder CIF Rate to be entered by the foreign

currency

To be quoted

of CGST+SGST or IGST on Basic rate To be quoted

Installation Commissioning Charges per Unit To be quoted

of CGST+SGST or IGST on Installation Commissioning

Charges To be quoted

Inspection Testing Charges per Unit To be quoted

of CGST+SGST or IGST on Inspection Testing Charges To be quoted

GM(M)MTI2000007617Passivation Station

Page 29 of 45

Enclosure-3

STANDARD TERMS AND CONDITIONS (STACS) 101 The word Purchaser refers to MAZAGON DOCK SHIPBUILDERS LIMITED (MDL) a Company

registered under the Indian Companies Act 1913 and it includes its successors or assignees

102 The word BidderVendorContractor means the person firm Company who undertakes to

manufacture and or supply and or undertake work of any nature assigned by the Purchaser from time to time

and includes its successors or assignees

103 The word Owner means the person or authority with whom MAZAGON DOCK SHIPBUILDERS

LIMITED (Purchaser) has contracted to carry out work in relation to which orders are placed by the

Purchaser on the BidderVendorContractor under this contract for supply or manufacture of certain items

and would include Department of Defence Production Ministry of Defence Government of India the Indian

Navy the Coast Guard and any other specified authority

120 GENERAL 121 Unless otherwise indicated specifically by the bidder contractor in his bid it shall be construed as his

acceptance of all the conditions mentioned in this STACS

200 COMMUNICATION amp LANGUAGE FOR DOCUMENTATION 201 Any letter facsimile message e-mail intimation or notice sent to the BidderVendorContractor at the

last known address mentioned in the offer order shall be deemed to be valid communication for the purpose

of the ordercontract Unless stated otherwise by the purchaser Language for communication amp all

documentation shall be same which the Purchaser has used in the tender enquiry

210 PURCHASERrsquoS PROPERTY 211 All property (such as materials drawings documents etc) issued by the Purchaser or any other

individual or firm on behalf of the Purchaser in connection with the contract shall remain confidential being

the property of the Purchaser and the BidderVendorContractor shall undertake to return all such property so

issued and will be responsible for any or all loss thereof and damage thereto resulting from whatever causes

and shall reimburse the Purchaser the full amount of loss and damage

212 On completion of work in any compartment location of the purchaserrsquos premises the

BidderSupplierContractor must ensure that the place is left in a reasonably clean state and all scrap is

transferred to nearby scrap-bins

220 RISK PURCHASE 221 If the equipment article service or any portion thereof be not delivered performed by the scheduled

delivery date period any stoppage or discontinuation of ordered supply awarded contract without written

consent by Purchaser or not meeting the required quality standards the Purchaser shall be at liberty without

prejudice to the right of the Purchaser to recover Liquidated Damages penalty as provided for in these

conditions or to any other remedy for breach of contract to terminate the contract either wholly or to the

extent of such default Amounts advanced or part thereof corresponding to the undelivered supply shall be

recoverable from the Contractor Bidder at the prevailing bank rate of interest

222 The Purchaser shall also be at liberty to purchase manufacture or supply from stock as it deems fit

other articles of the same or similar description to make good such default and or in the event of the contract

being terminated the balance of the articles of the remaining to be delivered there under Any excess over the

purchase price cost of manufacture or value of any articles supplied from the stock as the case may be over

the contract price shall be recoverable from the Bidder Vendor Contractor

230 RECOVERY ADJUSTMENT PROVISIONS 231 Payment made under one order shall not be assigned or adjusted to any other order except to the extent

agreed upon in writing by the Purchaser During the currency of the contract if any sum of money is payable

by the Bidder Vendor Contractor the same shall be deducted from any sum then due or thereafter may

become due to the Bidder Vendor Contractor under the contract or any other contract with the Purchaser

240 ADDITIONAL BANK GUARANTEE In case after opening of price bid of technically cleared firms it is noted that L-1 firm has quoted very low

rates and indicates to withdraw from the tender then EMD shall be forfeited and firm may be given tender

holiday including intimation to other PSUs If the rates quoted are less than MDL estimates by 40 or so and

if the difference in rate between L1 and L2 is 30 or more then the firm will have to give additional BG of

20 of the PO value as additional security Bank charges for this additional BG shall be borne by MDL and

reimbursed against proof of payment

250 INDEMNIFICATION 251 The Bidder Vendor Contractor his employees licencees agents or Sub-Vendor Sub-contractor

while on site of the Purchaser for the purpose of this contract indemnifies the Purchaser against direct

GM(M)MTI2000007617Passivation Station

Page 30 of 45

damage and or injury to the property and or the person of the Purchaser or that of Purchasers employees

agents Sub- Contractors Suppliers occurring and to the extent caused by the negligence of the Bidder

Vendor Contractor his employees licencees agents or Sub-contractor by making good such damages to the

property or compensating personal injury and the total liability for such damages or injury shall be as

mutually discussed and agreed to

260 TRANSFER OF VENDORS CONTRACTORrsquoS RIGHTS 261 The Bidder Vendor Contractor shall not either wholly or partly sell transfer assign or otherwise

dispose of the rights liabilities and obligations under the contract between him and the Purchaser without

prior consent of the Purchaser in writing

270 SUBCONTRACT amp RIGHT OF PURCHASER 271 The Bidder Vendor Contractor under no circumstances undertake or subcontract any work contract

from or to any other Sub-contractor without prior written approval of the Competent Authority of Purchaser

In the event it is found that such practice has been indulged in the contract is liable to be terminated without

notice and the Bidder Vendor Contractor is debarred all from future tender enquiries work orders

However in no circumstances a contractor is permitted to subcontract any part of the contract to the bidders

who had quoted for the concerned tender

280 PATENT RIGHTS 281 The Bidder Vendor Contractor shall hold harmless and keep the Purchaser indemnified against all

claims arising as a result of infringement of any patent copy rights on account of manufacture sale or use of

articles covered by the order

290 AGENTS AGENCY COMMISSION

291 The seller confirms and declares to the buyer that the seller is the original manufacturer or authorized

distributorstockiest of original manufacturer of the stores referred to in this contract and has not engaged any

individual or firm whether Indian or foreign whatsoever to intercede facilitate or in any way to

recommended to the Buyer or any of its functionaries whether officially or unofficially to the award of the

Contract Purchase order to the Seller nor has any amount been paid promised or intended to be paid to any

such individual or firm in respect of any such intercession facilitation or recommendation The Seller agrees

that if it is established at any time to the satisfaction of the Buyer that the present declaration is in any way

incorrect or if at a later stage it is discovered by the Buyer that the Seller has engaged any such

individualfirm and paid or intended to pay any amount gift reward fees commission or consideration to

such person party firm or institution whether before or after the signing of this Contract Purchase order

the Seller

will be liable to refund that amount to the Buyer

Tender no GM (M)GRA2000007246 Page 16 of 26

The seller will also be debarred from participation in any RFQTender for new projectsprogram with Buyer

for a minimum period of five years

The buyer will also have a right to consider cancellation of the Contract either wholly or in part without any

entitlement or compensation to the Seller who shall in such event be liable to refund all payments made by

the buyer in terms of the Contract along with interest at the rate of 2 per annum above LIBOR (London

Inter Bank Offer Rate) (for foreign vendors) and base rate of SBI plus 2 (for Indian Vendors)

The Buyer will also have the right to recover any such amount from any contracts concluded earlier with

Buyer

300 USE OF UNDUE INFLUENCE CORRUPT PRACTICES

301 The Bidder Supplier Contractor undertakes that he has not given offered or promised to give directly

or indirectly any gift consideration reward commission fees brokerage or inducement to any person in

service of the Purchaser or otherwise in procuring the contract or forbearing to do or for having done or

forborne to do any act in relation to the obtaining or execution of the Contract with the Purchaser for showing

or forbearing to show favour or disfavour to any person in relation to the Contract or any other Contract with

the Purchaser Any breach of the aforesaid undertaking by the Bidder Supplier Contractor or any one

employed by him or acting on his behalf (whether with or without the knowledge of the Bidder Supplier

Contractor) or the commission of any offence by the Bidder Supplier Contractor or any one employed by

him or acting on his behalf as defined in Chapter IX of the Indian Penal Code 1980 or the Prevention of

Corruption Act 1947 or any other Act enacted or the prevention of corruption shall entitle the Purchaser to

cancel the contract and all or any other contracts with the Bidder Contractor Supplier and recover from the

Bidder Supplier Contractor the amount of any loss arising from such cancellation Decision of the

Purchaser or his nominee to the effect that a breach of the undertaking has been committed shall be final and

binding on the Bidder Supplier Contractor

302 The Bidder Supplier Contractor shall not offer or agree to give any person in the employment of

GM(M)MTI2000007617Passivation Station

Page 31 of 45

Purchaser any gift or consideration of any kind as Inducement or reward for doing or forbearing to do or

for having done or forborne to do any act in relation to the obtaining or execution of the contracts Any

breach of the aforesaid condition by the Bidder Supplier Contractor or any one employed by them or

acting on their behalf (whether with or without the knowledge of the Bidder Supplier Contractor) or the

commission of any offence by the Bidder Supplier Contractor or by any one employed by them or acting

on their behalf which shall be punishable under the Indian Penal Code 1980 andor the Prevention of

Corruption by Public Servants shall entitle Purchaser to cancel the contracts and all or any other contracts

and then to recover from the Bidder Supplier Contractor the amounts of any loss arising from such

contracts cancellation including but not limited to imposition of penal damages forfeiture of Security

Deposit encashment of the Bank Guarantee and refund of the amounts paid by the Purchaser

303 In case it is found to the satisfaction of the Purchaser that the Bidder Supplier Contractor has

engaged an Agent or paid commission or influenced any person to obtain the contract as described in clauses

relating to Agents Agency Commission and use of undue Influence the Bidder Supplier Contractor on a

specific request of the Purchaser shall provide necessary information inspection of the relevant financial

document information

310 IMMUNITY OF GOVERNMENT OF INDIA CLAUSE 311 It is expressly understood and agreed by and between Ms (Bidder Supplier Contractor) and

MAZAGON DOCK SHIPBUILDERS LIMITED Dockyard Road Mumbai - 400 010 (MDL) is entering

into this Agreement solely on its own behalf and not on the behalf of any person or entity In particular it is

expressly understood and agreed that the Government of India is not a party to this Agreement and has no

liabilities obligations or rights hereunder It is expressly understood and agreed that MDL is an independent

legal entity with power and authority to enter into contracts solely in its own behalf under the applicable of

Laws of India and general principles of Contract Law The (Bidder Supplier Contractor) expressly agrees

acknowledges and understands that MDL is not an agent representative or delegate of the Government of

India It is further understood and agreed that the Government of India is not and shall not be liable for any

acts omissions and commissions breaches or other wrongs arising out of the contract Accordingly (Bidder

Supplier Contractor) hereby expressly waives releases and foregoes any and all actions or claims including

cross claims impleader claims or counter claims against the Government of India arising out of this contract

and covenants not to sue Government of India in any manner claim cause of action or thing whatsoever

arising of or under this Agreement

320 EXPORT LICENCE 321 The export licenses that may be required for delivery of the various itemsequipment to MDL shall be

arranged by the Bidder Supplier Contractor from the concerned authorities in their country without any

time amp cost implications on the Purchaser

330 BANNED OR DE-LISTED CONTRACTORS VENDORS 331 The Bidder Vendor Contractor declares that they being Proprietors Directors Partners have not

been any time individually or collectively blacklisted or banned or de-listed by any Government or quasi

Government agencies or PSUs If a bidderrsquos entities as stated above have been blacklisted or banned or delisted

by any Government or quasi Government agencies or PSUs this fact must be clearly stated and it may

not necessarily be a cause for disqualifying him

340 DUTY OF PERSONNEL OF SUPPLIERVENDOR 341 MDL being a Defence Organization Bidder Vendor Contractor undertakes that their personnel

deployed in connection with the entrusted work will not indulge in any activities other than the duties

assigned to them

350 DISPUTE RESOLUTION MECHANISM AND ARBITRATION

351 DISPUTE RESOLUTION MECHANISM (DRM) i) Any disputedifferences between the parties arising out of and in connection with the contract shall be

settled amicably by mutual negotiations

ii) In case of non-settlement by (i) above if at any time before during or after the contract period any

unsettled claim dispute or difference arose between the parties upon or in relation to or in connection with

or in any way touching or concerning this tenderagreementordercontract the same shall be referred to the

concerned Functional Director

The Functional Director shall then nominate an Executive of the rank of General Manager whom he thinks fit

and competent or a Committee of Executives whowhich shall then scrutinise the claimsdisputes that have

been referred to the concerned functional Director and make efforts for amicable settlements by mutual

discussionsnegotiations

iii) In case no amicable settlement is arrived by (ii) above within a period of three months then the contractor

shall approach Public Grievance Cell and address the disputes as per the provisions made under the relevant

GM(M)MTI2000007617Passivation Station

Page 32 of 45

clause of the contract

iv) In case the issuesdisputes do not get settled within a period of six months from the date of

submission of the dispute to the Grievance Cell then the contractor may invoke Arbitration Clause of the

contract

352 ARBITRATION Unresolved disputesdifferences if any shall then be settled by arbitration The

Arbitration proceedings shall be conducted at Mumbai India in English Language under the Arbitration amp

Conciliation Act 1996

MDL prefers to have arbitration through Institutes such as Indian Council of Arbitration (ICA)ICA-DR with

the mutual consent of the parties

353 In case of unresolved differencedispute between the Purchaser and Supplier being Central Public

Sector EnterprisesCentral Govt departments the disputes shall be resolved firstly through mutual discussion

or through the empowered agencies of the Govt or through arbitration by reference by either party to the

department of Public Enterprises as per extant guidelines If disputesdifferences remain

unresolvedunexecuted the same shall be referred first to the Cabinet Secretariat and then if necessary to the

PMO

354 Any changes to arbitration clause must be vetted by HOD (Legal) before incorporation in

contractPO

360 JURISDICTION OF COURTS 361 All contracts shall be deemed to have been wholly made in Mumbai and all claims there under are

payable in Mumbai City and it is the distinct condition of the order that no suit or action for the purpose of

enforcing any claim in respect of the order shall be instituted in any Court other than that situated in Mumbai

City Maharashtra State India ie courts in Mumbai shall alone have jurisdiction to decide upon any dispute

arising out of or in respect of the contract

-----------------------

GM(M)MTI2000007617Passivation Station

Page 33 of 45

Enclosure-4

GENERAL TERMS amp CONDITIONS (GTampC)

A10 Blank

A20 SECURITY DEPOSIT A21 The successful bidder shall submit a Security Deposit 5 of the contract order value (excluding

taxes duties freight service component) of the Order in the form of Demand Draft Bank Guarantee in the

prescribed format in favour of Purchaser within 25 days from date of Contract The Security Deposit will be

returned only after the successful execution of the order contract Refund of Security Deposit whenever

considered admissible by the Purchaser shall be without interest only

A30 FORFEITURE OF EMD BID BOND A31 In cases of withdrawal of bid during validity period or during any extension granted thereof non

acceptance of agreed conditions of Technical and or Commercial and or Price Negotiations non-submission

of the security deposit and or non-acceptance of the order the EMD or bid security will be forfeited or

encashed as the case may be

A40 FORFEITURE OF SECURITY DEPOSIT A41 Non-performance of agreed terms and or defaultbreach by BidderVendorContractor will result in

forfeiture of security deposit with application of risk purchase provisions as felt appropriate by the Purchaser

A50 FORFEITURE OF PERFORMANCE GUARANTEE A51 In the event of BidderVendorContractor failure to attend the Guarantee defects within a reasonable

period of time the Performance Bank Guarantee will be encashed by the Purchaser The Purchaserrsquos decision

shall be final and binding on BidderVendorContractor

A60 SUPPLIES A61 The equipment products items Services to be supplied shall be strictly in accordance with the

Drawings Specifications Requirements indicated in the Tender Enquiry Order with deviations if any as

mutually accepted

A70 PROGRESS REPORTING amp MONITORING A71 Where so stipulated in the order the Bidder Supplier Contractor shall render such reports from time

to time as regards the progress of the contract and in such a form as may be called for by the Purchaser

A80 CANCELLATION OF ORDER A81The Purchaser reserves the right to cancel an order forthwith without any financial implications on either

side if on completion of 50 of the scheduled deliveryCompletion period the progress of

manufactureSupply is not to the satisfaction of Purchaser and failure on the part of the

BidderVendorContractor to comply with the delivery schedule is inevitable In such an event the

BidderVendorContractor shall repay all the advances together with interest at prevailing bank rates from the

date of receipt of such advances till date of repayment The title of any property delivered to Purchaser will

be reverted to the BidderVendorContractor at his cost

A82 In case of breach non-compliance of any of the agreed terms amp conditions of order contract MDL

reserves the right to recover consequential damages from the vendor contractor on account of such

premature termination of contract

A83 In case of delay beyond agreed period for liquidated damages or 10weeks from contractual delivery

period whichever is earlier MDL reserves the right to cancel the order and procure the order items services

from any available source at MDLrsquos option amp discretion and entirely at your risk and cost Extra expenditure

incurred by MDL in doing will be recoverable from Bidder Supplier Contractor

A90 PRESERVATION AND MAINTENANCE

A91 Should any material require any preservation till its final installationfitment the detailed procedure

(Long term amp short term) for the same as also the time of interval after which the state of preservation needs

to be reviewed is to be stated by the BidderVendorContractor

A92 Further the de-preservation prior to the materialequipment being commissioned and the maintenance

procedure together with its periodicity is also to be indicated by the Bidder Vendor Contractor

A93 The Bidder Vendor Contractor in their offer must confirm that indigenous oil lubricants and

preservatives etc can be used in the equipment The bidder must also give assurance that the equipment

performance will not be downgraded by use of indigenous equivalents

A100 FREIGHT amp INSURANCE

A101 For Indigenous Bidders In cases where the offers are for Door Delivery to Purchaser transit freight

amp Insurance charges shall be borne by the Bidder Supplier Contractor In other agreed cases of Ex-works

Ex-Transporters warehouse or Railway godown offers the Bidder Supplier Contractor on dispatch shall

give details of materials with dispatch particulars and their value in time to Purchasers Insurance Company

GM(M)MTI2000007617Passivation Station

Page 34 of 45

on the contact details as provided in the order In such agreed cases the freight amp insurance charges will be

paid by the purchaser directly to the parties concerned

A102 For Foreign Bidders For overseas supplies on CIF port of dispatch basis Transit Insurance shall be

arranged by the Purchaser The Bidder Supplier Contractor shall immediately on despatch of the

items inform all relevant details of despatch such as Order number Bill of LadingAWB number

marked as Freight Paid Insurance policydocument number of packages value of consignment

invoice number in time directly to Purchasers Insurance company amp Purchaser on the contact details

as provided in the order In case of delivery term other than CIFCIP the freight amp insurance charges

will be paid by the purchaser directly to the parties concerned

A110 TAXES amp DUTIES STATUTORY LEVIES A111 Taxes and duties applicable if any shall be regularized by MDL by issuing necessary exemption

certificates in respect of procurement for Defence Projects Bidder shall indicate separately the GST and

duties applicable in their offer When the items qualify for exemption partlyfully but the supplier did not

avail of the same the amount of taxes and duties on such supplies shall be to supplierrsquos account In cases

where exemption certificates are not issued for any reason taxes shall be paid as indicated in the Purchase

OrderContract Tax deduction at source will be effected wherever applicable (eg TDS under Income tax

Act TDS on Works Contract under GST Act etc) from the bills of the Supplier as per statutes Similarly

where payment of Custom duty is agreed to and stipulated in the Purchase Order Contract the same will be

paid by the Purchaser on receipt of supplierrsquos bills along with Custom Certified Duty Paid Challan-Money

Receipt in original or carbon copy as relevant These Challans Receipts Bill of Entry are to be drawn issued

in the name of lsquoMAZAGON DOCK SHIPBUILDERS LIMITEDrsquo only Where payment of GST is agreed to

and stipulated in the Purchase Order Contract the same will be paid by the Purchaser on the basis of

Suppliers TAX INVOICE wherein the GST Number along with HSN SAC code is indicated in the Invoice

A120 DEMURRAGE A121 Storage and Demurrage charges will be payable by the Bidder Vendor Contractor for all shipments

that reach purchaser without proper dispatch documentations Lorry Receipts not accompanied by packing

lists invoices etc The Supplier shall be responsible for fines due to errors or omissions in description weight

or measurements and for increased handling charges due to improper packing

A130 INSPECTION TESTING A131The ordered items will be inspected either by Classification Society Nominated Agency and or by

Inspection Officer nominated by Purchaser at stages defined in the tender Purchase Order or as agreed to be

defined subsequently in terms of the Purchase Order

A132 The decision of the Inspecting Authority or their representatives as the case may be on any question

of the intent meaning and the scope of Specifications Standards shall be final conclusive and binding on

the Bidder Vendor Contractor

A133 The Bidder Vendor Contractor shall accord all facilities to Purchasers Inspectors Nominated

Agency to carry out Inspection Testing during course of manufacture final testing

A140 RECEIPT INSPECTION BY MDL A141 MDL shall carry out necessary inspection of the items on receipt on the basis of an appropriate quality

assurance system and inspection system requirements along with representative of the Owner Any objection

raised by MDL Quality Control Team against quality of materials or workmanship shall be satisfactorily

corrected by the Contractor at his expense including replacement as may be required within shortest possible

time within 30 days Items damaged during transit shall also be rectified replaced by the Contractor within

shortest possible time payment for which shall be made at mutually agreed rates

A150 REJECTION OF MATERIALS A151 Should the articles or any portion thereof of the equipment be found defective rejected the Bidder

Vendor Contractor shall collect the same from the Purchasers Stores all incidental charges being borne by

him (inclusive of Custom duty if payable) within 30 days from the date of intimation to the Bidder Vendor

Contractor of such rejection The Purchaser reserves the right to dispose off the rejected items at the end of

a total period of 90 days in any manner to the best advantage to the Purchaser and recover storage charges

and any consequential damages from sale proceeds of such disposal

A160 TECHNOLOGICAL DEVELOPMENTS MODIFICATIONS

A161 The Bidder Supplier Contractor shall unconditionally and free of cost to the Purchaser transfer

information on technological developments innovations modifications which the BidderSupplier

Contractor would evolve in future (within 3 years) in relation to the supplied equipment To enable this the

Purchasers address shall be added to the Bidder Supplier Contractorrsquos mailing list or database or any other

document maintained for dissemination of product information and the Purchaser shall be informed of the

GM(M)MTI2000007617Passivation Station

Page 35 of 45

action taken in this regard If such improvements modifications are brought in by the Bidder Supplier

Contractorrsquos Design Department in the course of manufacture of equipment ordered by the Purchaser the

Bidder Supplier Contractor shall incorporate such improved versions in the equipment without any extra

cost to the Purchaser under Purchaserrsquos prior consent

A162 If the Purchaser be desirous of getting incorporated all post supply modifications improvements

arising out of technological developments to the original equipment supplied by the Bidder Supplier

Contractor the Bidder Supplier Contractor shall quote for and carry out all such modifications to the

equipment

A163 Where the whole or a portion of the equipment has been specifically developed by the Bidder

Supplier Contractor for the Owner and the latter would through the Purchaser be bearing the entire or part

of the development cost incurred by the Bidder Supplier Contractor the design rights for the whole or

portion thereof of the equipment as appropriate shall vest in the Owners

A164 Prior approval of the Owner should be obtained before similar articles are sold supplied to any other

party other than the Owner If such approval is given and sale is effected the Bidder Supplier Contractor

shall pay to the Owner royalty at the rate mutually agreed to

A165 The Sub-contractor Supplier Supplier shall continue to support the equipment for a minimum period

of 20 years from the date of supply by making available spare parts and assemblies of the equipment

supplied Should the Sub-contractor Supplier Supplier decides to discontinue the product for any reason

whatsoever adequate notice shall be given to the Purchaser Owner to enable procurement of the requisite

lifetime spares

A170 PURCHASERrsquoS RIGHT TO ACCEPT ANY BID PART OF BID AND TO REJECT ANY OR

ALL BIDS A171 The Purchaser reserves the right to accept and or reject any or all tenders and or to withdraw the tender

in Toto and or award the contract order in full or part to more than one vendor contractor without

assigning any reason whatsoever and without thereby incurring any liability to the affected Bidder or Bidders

or any obligations to inform the affected Bidder or Bidders of the grounds for MDL action

A180 BANK GUARANTEE INSURANCE COVER FOR FREE ISSUE MATERIAL A181 The Bidder Supplier Contractor shall furnish Bank Guarantee insurance Cover equivalent to the

value of materials supplied by MDL free of cost valid up to the execution of the contract delivery of

material inspected accepted and receipt at MDL together with the material reconciliation statement

whichever is later

A190 BIDDERrsquoS RESPONSE IN CASE OF NO PARTICIPATION A191 The Sub-contractor Supplier Vendor shall inform the Purchaser in advance in case he is unable to

participate in the tender for whatsoever reason Failure to comply with this will be viewed seriously and

consecutive three failures on the part of Sub-contractor Supplier Vendor to do so is liable for

disqualification debarring of the Sub-contractor Supplier Vendor from all future tender enquiries and or

delisting from the list of Approved Registered Vendors

A230 PREFERENCETIAL PURCHASE FROM MSE VENDORS ndash Not Applicable MDL has right to place order on MSE firm meeting following criteria

In tenders if participating MSEs quoted prices are within price band of L1+15 such MSEs shall also be

allowed to supply a portion up to 20 of requirement by bringing down their prices to L1 price where L1 is

non MSEs If more than 1 MSEs fall under such criteria then this 20 shall be distributed proportionally

This preference shall not be applicable where MSE firm is L1 firm out of 20 percent target of annual

procurement from Micro and Small Enterprises a sub-target of 20 percent (ie 4 percent out of 20 percent)

shall be earmarked for procurement from Micro and Small Enterprises owned by the Scheduled Caste or the

Scheduled Tribe Entrepreneurs In respect of items reserved for MSE extant guidelines shall be followed

Presently Circular No SO 581(E) dated 23032012 is applicable

GM(M)MTI2000007617Passivation Station

Page 36 of 45

Annexure-5

LOADING FACTORS A

Sr

No

Description Foreign Supplier

100 import content

Indigenous

Supplier with part

Import content

Indigenous

Supplier without

Import content

1 Basic Price Quoted

CIF

a a Ex Works

b b Delivered to

MDL Stores

a Ex Works

b Delivered to

MDL Stores

2 Add Insurance Charges Nil In case of 1 (a) In case of 1 (a)

3 Add Sea Air Freight charges

Inland Road Transport Nil In case of 1 (a) In case of 1 (a)

4

Customs Clearance Port

Handling Transportation to

Yard

Applicable NIL NIL

5

Cost (ex-MDL) excluding taxes

amp duties without loading

towards any deviations

CIF price +

SrNo4 Sr Nos (1+2+3) Sr Nos (1+2+3)

B LOADINGS DUE TO VARIATIONS IN FINANCIAL TERM

6 Variation in payment Terms

Varied payment terms quoted by bidders as compared to the terms stated

in the tender document shall be normalized on the amount(s) at variation

and or for the period (in no of days) at variation by adopting the Prime

Lending Rate of State Bank India plus 2 thereon incase of indigenous

bidders and LIBOR EURIBOR rates in case of foreign bidders

7

Income tax amp Service Tax on

Technical Services Service

Engineers liability to MDL

Normalization shall be done in respect of the amount of tax that have to

be borne by the Company

8 Production norms such as

scrap output ndash input ratio

9 Base date for price variation

clause

1

0

Cost (ex-MDL) excluding taxes

amp duties after loading for

variations in financial term

(SR Nos 5 + 6 + 7 + 8 + 9)

C LOADING ON ACCOUNT OF DEVIATIONS IN FOLLOWING COMMERCIAL TERMS

11

Security Deposit Contract

Performance Guarantee Mandatory

12

Equipment Performance

Guarantee Mandatory

13

Additional delivery period

sought over stipulated period as

per Tender

For the additional period sought by the bidder over the stipulated date of

delivery as per tender 050 per week for delayed period will be loaded

to the quoted price if the period under variation does not lead to bid

rejection criteria 14 Additional time sought for

supplying binding data

15 Liquidated damages per week

rate Maximum Ceiling

If bidder seeks less than 5 (Max ceiling) then the difference will be

loaded

The rate of LD per week or part thereof is 05 If bidder seeks say 04

per week or part thereof then Max Ceiling of LD will be equated to

weeks (Say 10 weeks) then LD proposed by bidder works out to 10 X 04

= 4 then 1 will be loaded

16 Warranty Guarantee

Deviations in respect of the period of Warranty shall be loaded to the

quoted price 025 per month or part thereof This does not arise if

the bidder quotes additional price for the differential period

GM(M)MTI2000007617Passivation Station

Page 37 of 45

17

Cost (Ex-MDL) excluding taxes

amp duties after loading for

variations on account of

financial and commercial terms

Sr Nos 10 + 11 + 12 + 13 + 14 + 15 + 16

D LANDED COST

18

Taxes amp Duties

19

Landed Cost Sr Nos 17 + 18

GM(M)MTI2000007617Passivation Station

Page 38 of 45

Annexure-6

LETTER OF CREDIT FORMAT FOR SHIPMENT BY SEA AIR

40A Form of Documentary Credit Type IRREVOCABLE

20 Transaction Reference Number Documentary

Credit Number

31C Date of Issue Date

31D Date and Place of Expiry Date

Place NEGOTIATING BANK

51A Applicant Bank BIC BANKERS OF MDLMUMBAI

50 Applicant Name amp Address MAZAGON DOCK SHIPBUILDERS LTD

DOCKYARD ROAD MAZAGON MUMBAI ndash

400 010

59 Beneficiary Name amp Address

32B Currency Code Amount

Currency

Amount

39A Percentage Credit Amount Tolerance

Tolerance 1

Tolerance 2

41D Available with hellipByhellip Name amp Address

42C Draft at hellip Narrative SIGHTNEGOTIATION

42D Drawee Name amp Address BANKERS OF MDLMUMBAI

43P Partial Shipments Narrative ALLOWEDNOT ALLOWED

43T Transhipment Narrative ALLOWEDNOT ALLOWED

44A Loading on Board Dispatch Narrative AIRPORT SEAPORT (AS PER TENDER

ENQUIRYORDER)

44B For Transportation to Narrative AIRPORT SEAPORT (AS PER TENDER

ENQUIRYORDER)

44C Latest Date of Shipment Date

46A Documents required Narrative (AS PER TENDER ENQUIRY)

47A Additional conditions Narrative 1 ALL DOCUMENTS SHOULD BE MARKED

WITH IEC CODE NO0388070412 LC NO

AND DATE AND IMPORT UNDER NON-

NEGATIVE LIST OF IMPORT EXPORT

POLICY AM

2 DISCREPANT DOCUMENTS TO BE SENT

STRICTLY ON COLLECTION BASIS

71B Details of charges Narrative ALL FOREIGN BANK CHARGES OUTSIDE

INDIA ARE FOR THE BENEFICIARYrsquoS

ACCOUNT

48 Period for presentation

Narrative

WITHIN ----- DAYS FROM THE DATE OF

BILL OF LADING AIRWAY BILL 49 Confirmation instructions

Instruction

WITHOUT

53D Reimbursing Bank

Name amp Address

BANKERS OF MDL WILL SPECIFY

78 Instructions to the Paying Accepting Bank

Narrative

BANKERS OF MDL WILL SPECIFY 72 Sender to Receiver Information

Narrative

BANKERS OF MDL WILL SPECIFY

GM(M)MTI2000007617Passivation Station

Page 39 of 45

Enclosure-7

PROFORMA BANK GUARANTEE FOR BID BOND EMD

(On Non-Judicial stamp paper of value Rs 500-)

IN CONSIDERATION OF MAZAGON DOCK SHIPBUILDERS LIMTED a company incorporated under the Companies Act 1956 and having its registered office at Dockyard Road Mumbai 400010 (hereinafter referred to as

the ldquothe Companyrdquo which expression shall unless it be repugnant or contrary to the subject or context thereof be

deemed to mean and include its successors and assigns) having agreed to accept the Earnest Money Deposit (EMD)

of Rs--------------------------- -------(Rupees-----------------------------only) in the form of Bank Guarantee from Messers

a partnership firmsole proprietor businessa company registered under the Companies Act 1956

having its office at (hereinafter called the tenderer which expression shall unless it be

repugnant or contrary to the subject or context thereof be deemed to mean and include its successors and assigns) for

participating in the Tender nodated (hereinafter called the tender which expression

shall include any amendmentsalterations to the tender issued by the Company) for the supply delivery at site

installation and commissioning of certain equipment itemservicescivil works etc We

Bank having office at (hereinafter referred to as ldquothe Bankrdquo which

expression shall includes its successors and assigns) hereby agree to pay to the Company without any demur on first

demand an amount not exceeding Rs (Rupeesonly) against any loss or damage costs charges and expenses caused to or suffered by the Company by reason of non performance and non-fulfilment or for

any breach on the part of the tenderer of any of the terms and conditions of the said tender

2 We Bank further agree that the Company shall be sole judge whether the said tenderer has

failed to perform or fulfil the said tender in terms thereof or committed breach of any terms and conditions of the

tender the extent of loss damage cost charges and expenses suffered or incurred or would be suffered or incurred by

the Company on account thereof and we waive in the favour of the Company all the rights and defences to which we

as guarantors may be entitled to

3 We Bank further agree that the amount demanded by the Company as such shall be final and

binding on the Bank as to the Bank s liability to pay and the amount demanded and the Bank undertake to pay the

Company the amount so demanded on first demand and without any demur notwithstanding any dispute raised by the

tenderer or any suit or other legal proceedings including arbitration pending before any court tribunal or arbitrator

relating thereto our liability under this guarantee being absolute and unconditional

4 We Bank further agree with the Company that the Company shall have the fullest liberty

without our consent and without affecting in any manner our obligations hereunder to vary any of the terms and

conditions of the said tenderor to extend time of performance by the tenderer from time to time or to postpone for

any time to time any of the powers exercisable by the Company against the tenderer and to forbear to enforce any of

the terms and conditions relating to the tender and we shall not be relieved from our liability by reason of any such

variation or extension being granted to the tenderer or for any forbearance act or omission on the part of the

Company or any indulgence by the Company to the tenderer or by any such matter or things whatsoever which under

the law relating to sureties would have the effect of relieving us

5 We Bank further undertake not to revoke this guarantee during its currency except with

the previous consent of the Company in writing

6 We Bank also agree that the Bankrsquos liability under this guarantee shall not be affected

by any change in the constitution of the tenderer or dissolution or winding up of the business of the tenderer

7 Notwithstanding anything contained herein above

i) Our liability under this guarantee shall not exceed Rs

ii) This Bank Guarantee shall be valid upto and including and

iii) We are liable to pay the guarantee amount or any part thereof under this Bank Guarantee only and only if you

serve upon us a written claim or demand on or before helliphelliphellip (validity + --- weeks from the date of expiry of this

guarantee)

8 This Guarantee shall be governed by Indian laws and the Courts at Mumbai India shall have the exclusive

jurisdiction

GM(M)MTI2000007617Passivation Station

Page 40 of 45

IN WITNESS WHEREOF the Bank has executed this document on this day

of

For Bank

(by its constituted attorney

or the person authorized to sign)

(Signature of a person authorized

to sign on behalf of the Bank)

GM(M)MTI2000007617Passivation Station

Page 41 of 45

Enclosure-8

PROFORMA BANK GUARANTEE FOR SECURITY DEPOSIT (ILLUSTRATIVE FORMAT)

(On Non-Judicial stamp paper of value Rs 500)

IN CONSIDERATION OF MAZAGON DOCK SHIPBUILDERS LIMTED a company incorporated under the

Companies Act 1956 and having its registered office at Dockyard Road Mumbai 400010 (hereinafter referred to as

the ldquothe Purchaserrdquo which expression shall unless it be repugnant or contrary to the subject or context thereof be

deemed to mean and include its successors and assigns) having placed an order on Messers

a partnership firmsole proprietor businessa company registered under the Companies Act 1956

having its office at (hereinafter called the Contractor Supplier which expression shall unless it

be repugnant or contrary to the subject or context thereof be deemed to mean and include its successors and assigns)

vide order No dated (hereinafter called the order which expression shall include any

amendmentsalterations to the order issued by the Purchaser) for the supply delivery at site installation and

commissioning of certain equipment itemservicescivil works etc as stated in the said Order and the Purchaser

having agreed with the ContractorSupplier to accept a Bank Guarantee in lieu of Security Deposit payable under the

said order for the fulfilment and performance of the said order We Bank having

office at (hereinafter referred to as the Bank which expression shall includes its

successors and assigns) hereby agree to pay to the Purchaser without any demur on first demand an amount not

exceeding Rs (Rupeesonly) being 5 of the order value against any loss or damage costs

charges and expenses caused to or suffered by the Purchaser by reason of non performance and non-fulfilment or for

any breach on the part of the Contractor Supplier of any of the terms and conditions of the said order

2 We Bank further agree that the Purchaser shall be sole judge whether the said

contractorSupplier has failed to perform or fulfil the said order in terms thereof or committed breach of any terms

and conditions of the order and the extent of loss damage cost charges and expenses suffered or incurred or would

be suffered or incurred by the Purchaser on account thereof and we waive in the favour

of the Purchaser all the rights and defences to which we as guarantors may be entitled to

3 We Bank further agree that the amount demanded by the Purchaser as such shall be final and

binding on the Bank as to the Bank s liability to pay and the amount demanded and the Bank undertake to pay the

Purchaser the amount so demanded on first demand and without any demur notwithstanding any dispute raised by the

ContractorSupplier or any suit or other legal proceedings including arbitration pending before any court tribunal or

arbitrator relating thereto our liability under this guarantee being absolute and unconditional

4 We Bank further agree with the Purchaser that the Purchaser shall have the fullest liberty

without our consent and without affecting in any manner our obligations hereunder to vary any of the terms and

conditions of the said orderor to extend time of performance by the Supplier from time to time or to

postpone for any time to time any of the powers exercisable by the Purchaser against the Contractor Supplier and to

forbear to enforce any of the terms and conditions relating to the order and we shall not be relieved from our liability

by reason of any such variation or extension being granted to the Contractor Supplier or for any forbearance act or

omission on the part of the Purchaser or any indulgence by the

Purchaser to the ContractorSupplier or by any such matter or things whatsoever which under the law relating to

sureties would have the effect of relieving us

5 We Bank further undertake not to revoke this guarantee during its currency except with

the previous consent of the Purchaser in writing

6 We Bank also agree that the Bankrsquos liability under this guarantee shall not be affected

by any change in the constitution of the Contractor Supplier or dissolution or winding up of the business of the

contractor supplier

7 Notwithstanding anything contained herein above

i) Our liability under this guarantee shall not exceed Rs

ii) This Bank Guarantee shall be valid upto and including and

GM(M)MTI2000007617Passivation Station

Page 42 of 45

iii) We are liable to pay the guarantee amount or any part thereof under this Bank Guarantee only and only if you

serve upon us a written claim or demand on or before helliphelliphelliphellip(validity + ---weeks from the date of expiry of this

guarantee)

8 This Guarantee shall be governed by Indian laws and the Courts at Mumbai India

shall have the exclusive jurisdiction

IN WITNESS WHEREOF the Bank has executed this document on

this day of

For Bank

(by its constituted attorney)

(Signature of a person authorised

to sign on behalf of the Bank)

GM(M)MTI2000007617Passivation Station

Page 43 of 45

Enclosure-9

PROFORMA BANK GUARANTEE FOR PERFORMANCE (ILLUSTRATIVE FORMAT)

(On Non-Judicial stamp paper of value Rs 500-)

IN CONSIDERATION OF MAZAGON DOCK SHIPBUILDERS LIMTED a company incorporated under the

Companies Act 1956 and having its registered office at Dockyard Road Mumbai 400010 (hereinafter referred to as

the ldquothe Purchaserrdquo which expression shall unless it be repugnant or contrary to the subject or context thereof be

deemed to mean and include its successors and assigns) having placed an order on Messers a

partnership firmsole proprietor businessa company registered under the Companies Act 1956 having its Registered

office at (hereinafter called the Contractor Supplier which expression shall unless it be

repugnant or contrary to the subject or context thereof be deemed to mean and include its successors and assigns)

vide order No dated (hereinafter called the order which expression shall include any

amendmentsalterations to the order issued by the Purchaser) for the supply delivery at site installation and

commissioning of certain equipment itemservicescivil works etc as stated in the said Order and the Purchaser

having agreed that the Contractor Supplier shall furnish a security for the performance of the Contractorrsquos

Suppliers obligations andor discharge of the Contractorrsquos Suppliers liability in connection with the said order and

the Purchaser having agreed with the ContractorSupplier to accept a performance guarantee We

Bank having office at (hereinafter referred to as the

Bank which expression shall includes its successors and assigns) hereby agree to pay to the Purchaser without any

demur on first demand an amount not exceeding Rs (Rupeesonly) being 10 of the order

value against any loss or damage costs charges and expenses caused to or suffered by the Purchaser by reason of

non-performance and non-fulfilment or for any breach on the part of the Contractor Supplier of any of the terms and

conditions of the said order

2 We Bank further agree that the Purchaser shall be sole judge whether the said

ContractorSupplier has failed to perform or fulfil the said order in terms thereof or committed breach of any terms

and conditions of the order and the extent of loss damage cost charges and expenses suffered or incurred or would

be suffered or incurred by the Purchaser on account thereof and we waive in the favour of

the Purchaser all the rights and defences to which we as guarantors may be entitled to

3 We Bank further agree that the amount demanded by the Purchaser as such shall be final and

binding on the Bank as to the Bank s liability to pay and the amount demanded and the Bank undertake to pay the

Purchaser the amount so demanded on first demand and without any demur otwithstanding any dispute raised by the

ContractorSupplier or any suit or other legal proceedings including arbitration pending before any court tribunal or

arbitrator relating thereto our liability under this guarantee being absolute and unconditional

4 We Bank further agree with the Purchaser that the Purchaser shall have the fullest liberty

without our consent and without affecting in any manner our obligations hereunder to vary any of the terms and

conditions of the said orderor to extend time of performance by the Supplier from time to time or to postpone for

any time to time any of the powers exercisable by the Purchaser against the Contractor

Supplier and to forbear to enforce any of the terms and conditions relating to the order and we shall not be relieved

from our liability by reason of any such variation or extension being granted to the Contractor Supplier or for any

forbearance act or omission on the part of the Purchaser or any indulgence by the Purchaser to the

ContractorSupplier or by any such matter or things whatsoever which under the law

relating to sureties would have the effect of relieving us

5 We Bank further undertake not to revoke this guarantee during its currency except with

the previous consent of the Purchaser in writing

6 We Bank also agree that the Bankrsquos liability under this guarantee shall not be affected

by any change in the constitution of the Contractor Supplier or

dissolutionhelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

7 Notwithstanding anything contained herein above

i) Our liability under this guarantee shall not exceed Rs

ii) This Bank Guarantee shall be valid upto and including and

GM(M)MTI2000007617Passivation Station

Page 44 of 45

iii) We are liable to pay the guarantee amount or any part thereof under this Bank Guarantee only and only if you

serve upon us a written claim or demand on or before helliphelliphellip (validity + ---weeks from the date of expiry of this

guarantee)

8 This Guarantee shall be governed by Indian laws and the Courts at Mumbai India shall have the exclusive

jurisdiction

IN WITNESS WHEREOF the Bank has executed this document on

this day of

For Bank

(by its constituted attorney)

(Signature of a person authorised

to sign on behalf of the Bank)

GM(M)MTI2000007617Passivation Station

Page 45 of 45

Enclosure-10

Electronic Payment Mandate Form

(MDL Bank details)

Name of the CompanyFirm Mazagon Dock Shipbuilders Limited

Address with Phone no Dockyard Road Mumbai ndash 400010

E-Mail ID

Phone No +91 22 23745310

Fax No

Particulars of Bank Account

Name of the Bank State Bank of India

Name of the Branch Mazagon Dock Mumbai Branch

Branch Code 9054

Bank IFSC NEFT Code SBIN0009054

Bank Address MBPT Workshop building NV Nakhwa Road Mazagon - 400010

City Name Mumbai

Telephone No of Bank +91 22 23752802

9 digit code no of bank amp branch

appearing on the MICR cheque

issued by your bank

400002120

Type of Account Current Account

Account No 10005255246

Income Tax PAN No AAACM8029J

Page 14: Final Tender - Mazagon Dock Shipbuilders...DIVISION-SHIP BUILDING DEPARTMENT-MATERIAL PROCUREMENT Tender no.: GM(M)/MTI/2000007617 for the Engineering, Manufacturing, Supply/Installation,

GM(M)MTI2000007617Passivation Station

Page 14 of 45

10 GuaranteeWarranty Supplier shall warranty the performance of the Passivation station for a

period of 12 months after commissioning or 24 months after receipt of station at MDL

whichever is earlier

During this period all defects arising out of defective material and faulty workmanship will be

rectified by repairing or replacing part or whole material as necessary free of charge on door

delivery basis Any consequential damagedefect or loss of items due to poor

workmanshippoor material qualitynegligence etc attribute to the bidder to be rectifiedreplaced by the bidder free of cost All the necessary spares tools Service engineers

amp Mechanics required for repairs to be arrange by vendor at no extra cost and machine to be

put into operation at the earliest

11 Performance Bank Guarantee (PBG) The Successful bidders will have to submit PBG in the prescribed format from the list of

Banks approved by SBI Canara Bank published on MDL Website for 10 of the Order value

excluding taxes etc valid for 13 months (validity 12 months + 1 month claim period) from the date of supply or offer your consent to MDL for retention of 10 of order value towards

PBG Bidders may advise their bankbanker to send BG directly to commercial department or

through SWIFT to dispense with additional step of verification of authenticity of signatories

In case of BG transmitted through SWIFT it shall be the responsibility of the bidder that he

directs the receiving banker to forward the message duly authenticated to the concerned

commercial officer mentioned in the tender

12 Bidder shall abide by all Standard Terms and Conditions of Supply (STACS) GTampC and

accordingly contract will be governed as per uploaded form at Stage Name Part ndashI (Techno-

Commercial Bid) Deviation if any shall be clearly indicated In case of discrepancy clauses

mentioned in Tender Technical Scope and Rate sheet will override the clauses mentioned in

other annexure including STACS amp GTampC In event we do not receive acceptance forms

dully filled for TEF STACS and GTampC it shall be presumed that all our terms and

conditions of tender are acceptable to you

13 Taxes amp Duties - The item-wise rates quoted in the Rate Sheet should exclude GST and

duties

131 For Indigenous bidders The rate sheet to be enclosed with the tender will indicate

the rates under each tax head viz GST

a Only those bidders who indicate the taxes amp duties separately as above all

shall be entitled for consideration of change in corresponding rates in case

of variation in statutory levies

b Supplierbidder will not be entitled to any increase in rate of taxes

occurring during the period of extended delivery schedule if there is delay

in supply completion attributed to him however if there is a decrease in

taxes the same must be passed on to MDL

c Wherever all-inclusive prices are quoted by the bidders without bifurcation

of tax elements no escalation can be considered in respect of any variation

in statutory levies arising subsequently because of the absence of the

required base figures in the purchase order contract

132 GST as per GST Laws shall be payable extra as quoted and agreed

133 In case of Purchase of goodsservices from unregistered dealers under GST laws

GST will be paid by MDL under reverse charge mechanism

134 Benefits from reduction in rate of taxITC are required to be passed on to

consumer Where ldquoapplicable GSTrdquo has been quoted as extra Goods and service

providers (except un-registered dealers under GST Law) have to submit

declaration that they have complied with lsquoAnti ndashprofiteering clausersquo under GST

Law Such declaration be given in technical bid

GM(M)MTI2000007617Passivation Station

Page 15 of 45

135 Where the quoted price is claimed to be inclusive of taxes (by other than

composite vendor) MDL consider it as net price on which GST is payable In

such cases the GST may be paid by MDL directly to GSTN under reverse

charge mechanism or otherwise for which no input tax credit will be available to

vendor and vendor is deemed to have confirmed that he will not claim ITC for

such items

136 If the vendor is registered under GST vendor shall mention the HSN code for

goodsampor services in their tax invoice etc These codes must be in accordance

with GST Laws and responsibility of specifying correct HSN code for goodsampor

services is that of the vendor MDL shall not be responsible for any error in HSN

code for goodsampor services specified by suppliercontractor Suppliercontractor

shall pay penalty andor interest imposed on MDL or any loss due to delay in

availing ITC by MDL or any loss of ITC to MDL due to error by vendors at any

stage MDL reserve right to recover any such interest penalty or loss from any amount due to supplier contractor or vendor shall reimburse make good such

loss within 15days after intimation by MDL or otherwise

137 In case MDL is unable to avail ITC suppliercontractor at their own cost shall

rectify the shortcoming in the returns to be filed immediately thereafter Further

if the ITC is delayed denied to MDLreversed subsequently as per GST Laws due

to nondelayed receipt of goods andor services andor tax invoice or expiry of

timelines prescribed in GST Laws for availing ITC non-payment of taxes or non-

filling of returns or any other reasons not attributable to MDL supplier

contractor shall pay any loss of amount along with interest and penalty on MDL

under GST Laws for the number of days the ITC was delayed If the shortcoming

is not rectified by suppliercontractor and MDL ends up in reversal of credits

andor payments suppliercontractor is fully liable for making good all the loss

incurred by MDL MDL reserve right to recover any interest penalty or loss from

any amount due to suppliercontractor or otherwise

138 If the vendor is registered under GST the GST registration number (15 digit

GSTIN) issued by GOI shall be mandatorily provided by the vendor Vendor

having multiple business verticals within state at multiple states with separate

GST registration numbers shall forward GSTIN of only that vertical which is

involved in supply of goods andor services MDL GSTIN is

27AAACM8029J1ZA and vendor shall mention the same while invoicing and

avoid any data entry error on GST portal

139 If the vendor is registered under GST vendor shall ensure timely submission of

invoice as per the provisionsrequirementstimeline promulgated by GOI in

relation to GST Laws with all required supporting documents to enable MDL to

avail input tax credit promptly The vendors invoice inter alia should contain

GSTIN of vendor GSTIN of MDL (ie 27AAACM8029J1ZA) GST tax rate

separately HSN code wise goods or services Place of supply signature of vendor

etc Original invoice needs to be submitted to Bill Receipt Centre at MDL gate

and a copy of the invoice should be given to the GRS Stores

1310 If the vendor is registered under GST vendor shall file all applicable returns

under GST Laws in the stipulated time and any losses of tax credit to MDL

arising due to delay in filling will be recovered from their invoice wherever MDL

is eligible to avail tax credit Any default towards payment of tax andor

uploading of monthly returns by supplier contractors MDL retains right to

withhold payments towards tax portion until the same is corrected and complied

by the suppliercontractor with the requirement of GST along with satisfactory

evidence

GM(M)MTI2000007617Passivation Station

Page 16 of 45

1311 The rate sheet enclosed with the tender will indicate the rates to be entered under

each head wherever applicable Bidder must clearly mention the applicable taxes

amp duties The item-wise rates (ie Basic + PampF + FampI) quoted in the rate sheet

should exclude taxes amp duties Bidder should indicate GST rates as applicable

separately under each of the head in the same rate sheet which will be paid extra

based on tax invoice to the extent applicable The GST will be applicable on total

basic rate of each item (ie Basic +PampF +FampI)

1312 If the vendor changes his registration status from composition dealer to normal

registered dealer under GST Law the vendor has to inform MDL immediately

Further his contract price under GST needs to be negotiated since as a normal

dealer he will have benefit of ITC which he should pass on to MDL

1313 Bid Evaluation Clause - I) As per GST Law ITC is not available

a) For goods and services which are not in furtherance of business

b) In some cases for eg rent a car life insurance work contract services for

immovable property as mentioned under section 17 of GST Act 2017 In such cases

evaluation of bid is inclusive of GST quote by bidder

II) In all other cases ie goods and services not covered under sr no I above

evaluation of bid is exclusive of GST quoted by bidder

III) Further in the case of composition dealer since composition dealer is not

allowed to charge GST in such case evaluation of bid will be on the price quoted by

bidder

1314 For Overseas Bidder All taxes applicable outside India shall be borne by overseas

bidder

a In case of foreign bidders all taxes duties statutory levies and charges which

are to be paid for the delivery of goods amp services shall be paid by the parties

under the present contract in their respective countries MDL shall bear and pay

all taxes duties and statutory levies in India in connection with the execution

andor performance of this contract wrt deliverables delivered and service

rendered as per contract excluding income tax applicable on service charges

b Foreign bidder shall submit tax residency certificate (TRC) in Part ndashI offer In

case of remittances to foreign companies for services as per income tax act and

DTAA provisions TDS shall be carried out from the amount payable towards

services As per the extant applicability and existing rates following cases

pertaining to TDS are presented for clarity

i Case 1 (TRC is made available by foreign bidders) Tax deduction at

source (TDS) 15 of total service payment is applicable If this is

not agreed to by the bidder in the bid or during TNCCNC then this

shall be appropriately loaded as per applicable rates on the price for the

purpose of ranking However bidders to note that TDS rates DTAA

rates differ from country to country It varies from10 to 25

ii Case 2 (TRC is not made available by foreign bidders) Tax deduction

at source (TDS) at the rates as mentioned in the table below is

applicable If this is not agreed to by the bidder in the bid or during

TNCCNC then this shall be appropriately loaded as per applicable

rates on the price for the purpose of ranking These rates shall be as

under

GM(M)MTI2000007617Passivation Station

Page 17 of 45

Service Payment slabs (converted in

INR)

Rate of TDS applicable on total

service payment

Up to value of INR 1 Cr 2575

Above 1 Cr Up to 10 Cr 2626

Above INR 10Cr 270375

14 Loading Criteria Deviations sought by the bidder in respect of Custom Duty exemption

Freight Insurance Payment terms shall be loaded on the bidders quoted prices during price

evaluation by MDL Among the equal bids bidders with ISO 9000 series accreditation over

Non-ISO bidders firstly Manufacturers then their authorized dealers will be given preference

The loading criteria that will be adopted are detailed below amp also as per Enclosure-5

141 It is desirable that the bidder accepts the Payment Terms indicated in clause 9

above Varied payment terms quoted by bidders as compared to the terms stated

in the Tender document shall be normalized by applying SBI Prime Lending

Rate (prevailing at the time of opening of Price bid) plus 2 pa rate of interest

for the period at variation (For Indigenous bidder) amp for overseas bidder the bids

will be normalized at LIBOREURIBOR rate plus 2 for ranking of the bids

142 In case of Foreign supplier the basic cost (CIF) shall be the basis for comparison

of quoted price Custom Duty Custom clearance Port handling transport

charges to the yard will be added to CIF cost to arrive at door delivery cost

143 Delivery of the goods at MDL premises should be the responsibility of the

vendor However for unavoidable reasons if bids are exclusive of transport

andor insurance the same will be loaded at the cost to be incurred by MDL

144 For the additional delivery period sought by the bidder over the stipulated date of

delivery as per Tender 050 per completed week will be loaded to the quoted

price

145 Deviations sought in respect of Liquidated Damages (LD) Deviations sought in

respect of rate per week and or maximum ceiling in respect of liquidated

damages shall be loaded to the quoted price For eg The maximum ceiling

towards liquidated damages stipulated in the tender is 5 and the bidder seeks to

limit it to say 35 then the price quoted will be loaded by 15 If the rate of

LD per week is 05 per week or part thereof as per tender and the bidder seeks

it as say 04 per week or part thereof the maximum ceiling on L D as per

tender will first be equated to weeks (10 weeks in this case) and the rate proposed

by the bidder ie 04 will be multiplied by the so equated maximum Period

(which works out to 4) and the quoted price will be loaded accordingly by 1

Delivery being the essence of the contract it is desirable if the bidders adhere to

the stipulated clause

146 Deviations in respect of the period of Warranty shall be loaded to the quoted price

025 per month or part thereof This does not arise if the bidder quotes

additional price for the differential period

147 The ranking of price bids shall be done overall L1 basis excluding GST (ie total

of basic price exclusive of GST quoted by bidder) In these cases the variation in

statutory levies etc are not allowed unless the breakup in respect of taxes duties

GM(M)MTI2000007617Passivation Station

Page 18 of 45

are clearly and separately furnished in bid

148 For opening LC all charges outside India shall be borne by the Beneficiary

(supplier) Additional loading of prices (A) Towards charges incurred in LC opening

by MDL and (B) Interest for period of 20 days base rate of SBI+2 on payment

amount is to be considered while evaluating foreign bidders for ranking purpose

15 Ranking of Bids amp Determination of L-1 Bidders Ranking of price bids shall be done on overall L1 basis with exclusive of GST

If any variations in statutory levies the break up in respect of any charges is clearly

and separately furnished in the bid and the MDL is satisfied that the rates of taxes

indicated therein are in line with the tax law so that escalation due to variation in the

taxes can be justifiably considered to the extent legitimately allowable on the base

amount(s) indicated in the bid Therefore bidder is requested to show the break up

regarding taxes as applicable in the bid

Note 1 In case of overseas supplier the ldquoCIF cost+ Inspectiontesting charges+ Installation

Commissioning charges+ custom duty+ IGST (if ITC is not available) + Custom

Clearance +port handling +transportation charges to the yard if any + LC opening

charges + interest for period of 20 days base rate of SBI +2 on payment amount

ldquoshall be the basis for comparison of quoted price Custom duty IGST Custom clearance Port handling transport charges to the yard will be added to CIF cost to

arrive at door delivery cost

2 If Service Component exists in an offer from a foreign vendor then Tax Residency

certificate (TRC) should be submitted with Part I offer If no TRC is submitted then

the enhanced Income Tax rate and Service Tax thereon will be considered while

determining L-1

3 Techno-Commercially Qualified overall lowest bidder exclusive of GST will be

considered for the placement of order 4 On-line Ranking visible to the bidders after opening part II price bid is without

loading parameters However the L1 bidder will be evaluated offline after

consideration of all applicable loading parameters as mentioned in the tender

document and commercial terms

5 In case of any discrepancy in the Blank Rate Schedule Format and actual Online

Price Bid after opening of the Price Bids the details (GST) mentioned in the On-line

Price bids shall prevail over the details in blank rate schedule format

6 ldquoBasic costrdquo is defined as ldquoDoor delivery cost (excluding GST)rdquo which includes

packing amp forwarding Delivery insurance registration charges and any cost involved

as per scope of work towards material and services basic cost of Installation

commissioning and inspection amp testing

7 ITC can be availed by MDL for the items as notified under GST ACT 2017 ITC

can be availed by MDL for registered bidder and for unregistered bidder under

reverse charge mechanism Since no ITC can be availed in case of bidders registered

under composition scheme their quoted cost will be considered for ranking

comparison purpose

16 Consignee The Successful bidders shall arrange dispatch of goods by appropriate Rail Road

Sea Air transport mode as per the order to lsquoEAST YARD STORESrsquo and further to user dept

on working days (Monday to Friday) between 800 hrs to 1500 hrs (Lunch Time 1130 to 1200

hrs) In case trucktempo reaches our yard beyond above time the same may be retained over

night at your risk amp cost

An advance copy of invoices along with other relevant documents shall be forwarded to the

purchaser sufficiently in advance to enable clearance of cargo within allowed demurrage free

days to avoid demurrage In case of door delivery orders the supplier shall categorically direct

the transporter to deliver the ordered items without insisting for consignee copy of the Lorry

Receipt

GM(M)MTI2000007617Passivation Station

Page 19 of 45

17 Modifications to the Bids Bidder desirous of submitting modified bid prior to the closing

date and time may do so online not later than deadline of submission of bids Please note that

modified bid shall be submitted through e-procurement system only Bidder can change the

submitted bid any number of times till the closing time and the last changed bid will be

considered for ranking of the bids

18 PURCHASE PREFERENCE TO MAKE IN INDIA As per Public Procurement Order Ref No P-4502122017-B E-II Dtd 15062017 issued by Govt

of India to encourage ldquoMake in Indiardquo policy Purchase Preference shall be given to local suppliers

in the following manner

(a) The terminology definitions used in the said order is as below

(i) ldquoLocal contentrdquo means the amount of value added in India be the total value of items procured

excluding net domestic indirect taxes) minus the value of imported content in the item (including

all customs duties) as a proportion of the total value in percent

(ii) ldquoLocal Supplierrdquo means a supplier or service provider whose product or service offered for procurement meets the minimum local content as prescribed under the said Order or by the

competent Ministries Department in pursuance of said order A Local Supplier can be an Indian

or Foreign bidder

(iii) ldquoMargin of Purchase Preferencerdquo means the maximum extent to which the price quoted by

local supplier may be above the L1 for the purpose of purchase preference The margin of

purchase preference for the present tender is 20

(b) Minimum local content

(i) The minimum local content in the offer is to be not less than 50 for the present tender for a

bidder to be considered as a Local Supplier

(ii) The local content can be increased through partnerships cooperation with local companies

establishing production units in India or Joint Ventures (JV) with Indian suppliers increasing the

participation of local employees in services and training themrsquo

(iii) On opening of the price bids if it is identified that there is difference in price receive amp

declaration made and local content is now not meeting the specified tender requirement (ie only

on the quoted price without any loading) then such case will be processed without any purchase

preference

(c) Declaration by Local Supplier Local Supplier should declare that the item and service

offered meets the minimum local content amp indicate its percentage in their offer which shall meet

(or even offer more) required content as specified in tender This declaration is necessary even if

Custom Duty Exemption and or ERV (if applicable) are not being sought Following documents

are to be submitted in technical offer ndash

Part-I bid

(i) Local Component list ie Items and services which are being procured produced domestically

by supplier in the system equipment service offered against tender This list shall include all the

components raw materials sub services etc

(ii) Foreign Imported Component list ie Items and services which are being supplied by bidder

from outside India in the system equipment service offered against tender This list shall include

all the components raw materials sub services etc

(iii) Bidders shall give the details of the location(s) at which the local value addition is made

Additionally location(s) details from where foreign imported components are being supplied be

also informed

(iv) Bidders shall give the price break-up in percentage for ldquoLocal Componentrdquo and ldquoForeign

Imported Componentrdquo

(v) Custom duty applicable on FE component for all foreign items (vi) The Local Suppliers are required to provide self-certification as per Annexure-11

Note In cases of procurement for value in excess of Rs 10 Crores the local supplier shall be required to

provide a certificate from statutory auditor or cost auditor of the company (in case of companies)

or from a practicing cost accountant or practicing charted accountant (in respect of supplier other

GM(M)MTI2000007617Passivation Station

Page 20 of 45

than companies) giving the percentage of local content amp applicable item wise custom duty

Once the declaration certification is committed at tender submission stage the same cannot be

altered at technical negotiation stage or after award of contract otherwise would be treated

considered as false declaration by bidder

In the event of bidders not declaring or declaring less local content percentage in the offer MDL

will consider quote bid of such bidders with local content as ldquo0rdquo or ldquoNILrdquo ie the offers of such

bidders will be treated as a ldquoNon Local Supplierrdquo where no purchase preference shall be granted to these bidders

(d) If the Local Supplier is also a MSE Vendor seeking the benefit of Public Procurement Policy

for MSEs Order 2012 then such bidders should not seek benefits against the Preference to Make

in India policy ndash Order 2017 Such bidders should categorically seek benefits of only one policy

which cannot be modified subsequently once declared in the Annexure-A referred above while

submitting the bid

(e) Custom duty issue Imported FE content is inclusive of all custom duties which is required

for arriving local content Bidders to note the following about declaration of FE Content

(i) All bidders should upfront declare line item wise custom duty duly certified Such declared

custom duty percentage will only be considered for arriving local content

(ii) In the event if the rate of custom duty is found higher than the declared custom duty by bidder

then the bidderrsquos declaration shall be final for arriving L1 bid Also in such case the difference in

custom duty would be to bidders account In case of foreign bidders the same would be to bidders

account and shall not be borne or reimbursed by Shipyard

(iii) In the event of rate of custom duty happens to be lower at the time of clearance of goods then

actual custom duty shall be payable

(iv) Notwithstanding above local content shall be calculated based on the declared custom duty by

the bidder in techno-commercial bid

(f) Preference to Local Supplier The following procedure will be adopted for deciding on

preference to Local Supplier over a non-local supplier wrt Public Procurement (Preference to

Make in India) order 2017

(i) Among all qualified bids the lowest bid will be termed as L1 If L1 is from a local supplier the

contract will be awarded to L1

(ii) If L1 is not from a local supplier the lowest bidder among the local suppliers will be invited

to match the L1 price subject to local supplierrsquos quoted price falling within the margin of purchase

preference and contract shall be awarded to such local supplier subject to matching the L1 price

(iii) In case such lowest eligible local supplier fails to match the L1 price the local supplier with

the next higher bid within the margin of purchase preference shall be invited to match the L1 price

and so on and contract shall be awarded accordingly In case none of the local suppliers within the

margin of purchase preference matches the L1 price then the contract may be awarded to the L1

bidder

(g) Preference between LS and MSE Bidder This clause is applicable only if line items are

separable and MSE preference clause is also applicable Between the MSE and Local

Supplier the MSE bidder will be given preference to match with L1 bidder as per Public Procurement Policy for MSEs Order 2012 MSE vendor will be evaluated with L1+15 MSE

doesnrsquot fall under Public Procurement (Preference to Make in India) Order 2017 Local Supplier

will be evaluated with L1+20 (Margin of Purchase Preference ordinary) as per Public

Procurement (Preference to Make in India) Order 2017

(h) After the contract is awarded and the supplies are completed each supplier shall provide the supporting documentation towards realization of committed Local Content as per the contract

order terms amp conditions

In addition to these documents a ldquoLocal content certificaterdquo also shall be submitted stating the

percentage of local content in the items or services measured The ldquoLocal content certificaterdquo shall

be submitted along with the invoice

Note In cases of procurement for value in excess of Rs 10 Crores the local supplier shall be

required to provide a certificate from statutory auditor or cost auditor of the company (in case of

GM(M)MTI2000007617Passivation Station

Page 21 of 45

companies) or from a practicing cost accountant or practicing charted accountant (in respect of

supplier other than companies) giving the percentage of local content

(i) False declaration will be in breach of Code of Integrity under Rule 175(1)(i)(h) of GFR 2017

for which a bidder or its successor can be debarred for up to 2 years as per Rule 151(iii) of GFR

2017 along with such other actions as may be permissible under law

(j) Complaints Grievance Any complaints grievances relating to implementation of this order

shall be taken up by Public Grievance Cell of MDL headed by GM(F-PampS) Fees for filing a complaint under the order shall be Rs 10000- per case The complaints shall be filed to the

Chairman Public Grievance Cell The fee shall be deposited in MDLrsquos Account by NEFT

19 Public Grievance Cell A Public Grievance Cell headed by ED (East Yard) has been set up in

the Company Members of public having complaints or grievances are advised to contact him

on Wednesday between 1000 hours and 1230 hours in his EY-office MAZAGON DOCK

SHIPBUILDERS LIMITED Dockyard Road Mumbai - 400010 (022 ndash 23763506 23738368)

or send their complaints grievances to him in writing for redressal

20 Supply on MDL Holidays Request for permission for delivery on Saturday Sunday

holidays if required should be submitted 3 working days prior to the date of holiday to

Personnel department and Security through concerned Dept

21 Liquidated Damages Time is an essence of the contract therefore the job as ordered should be

completed on the dates mutually agreed upon in accordance with the delivery schedule In cases

of delay not attributable to Purchaser beyond the agreed schedule the Successful bidder shall pay

liquidated damages a sum representing 05 (Half per cent) per week or part thereof subject to

maximum of 5 of the final Order Contract value Vendor Contractor (Seller) will also be liable

to pay Liquidated Damages for late delivery of Manuals Drawings and Documentation as agreed

to by Purchaser and Vendor Contractor (Seller) and as stated in the Purchase Order The amount

of such damages will be clearly defined in the Purchase Order and may extend up to 5 of the

Order Value excluding taxes Applicability of LD will be considered as below -

1) Delay in manufacturing and supplydelivery of machinematerialitemsequipments at

MDL after dispatch clearance beyond specified schedule will attract LD 05 per week

or part thereof subject to maximum of 5

2) Delay in Installation trial Commissioning amp Training at MDL as per Work

completion date as certified by MDL user dept beyond specified schedule will attract

LD 05 per week or part thereof subject to maximum of 5 as per order

22 Hindrance Register All hindrances with date of occurrences and removal shall be noted in the

Hindrance Register The Hindrance Register shall be signed by the representatives of both MDL

as well as Contractor

23 Security Deposit (SD) The successful bidders shall have to submit Security Deposit for an

amount of 5 of the Order value excluding GST etc electronically through NEFT RTGS or

in the form of Bank Guarantee drawn in favor of MAZAGON DOCK SHIPBUILDERS

LIMITED Mumbai from the list of Banks approved by SBI Canara Bank published on MDL

Website within 25 days from the date of Order amp must be valid up to contract period plus one

month No interest will be paid on Security Deposit Please note that MDL does not extend any

concession such as exemption in payment of Security Deposit etc to any organization

irrespective of their status like registration with MDL NSIC SSI and MSME etc In case of

failure to submit Security Deposit within 25 days from the date of order placement EMD

submitted will be encashed and risk purchase clause would be invoked The Security Deposit

will be returned only after successful execution of the order and shall be interest free In the

event of failure to execute the order satisfactorily the Security Deposit will be encashed by

MDL If order is fully executed within 25 days from the date of purchase order submission of

security deposit is not applicable For delayed period of submission of SD beyond 25 days

from date of order bidder has to pay applicable interest In case the bidder is Indian Public

Sector Unit they shall submit the indemnity bond instead of Security Deposit Bidders may

advise their bankbanker to send BG directly to commercial department or through SWIFT to

dispense with additional step of verification of authenticity of signatories In case of BG

GM(M)MTI2000007617Passivation Station

Page 22 of 45

transmitted through SWIFT it shall be the responsibility of the bidder that he directs the

receiving banker to forward the message For delayed period of submission of SD beyond 25

days from date of order interest will be recovered as mentioned below

For Indian suppliers it will be SBAR plus 2 and EUROBORLIBOR plus 2 for Foreign

bidder Security Deposit will be returned only after successful execution of the order and shall

be interest free In the event of failure to execute the order satisfactorily the Security Deposit

will be encashed by MDL PSUs can submit Indemnity bond in lieu of Security deposit Bidders can submit SD amount

by using payment gateways through MDL website

24 Delivery ScheduleWork Completion Schedule and delivery term (For foreign bidders) The

entire scope of work ie Design manufacture Supply Installation Commissioning STW amp

Training to be completed within 6 months from the date of receipt of PO

1) Supplydelivery of machineItemsEquipmentsspares at MDL = within 20 weeks (CIF delivery) and

2) Time for transportation amp custom clearance time = 2 weeks

3) Installation Trials Training and Commissioning = Within 2 weeks

Delivery Term (1) Supply For Indigenous bidder Door DeliveryFOR MDL GRS Stores

For Overseas Bidder CIF Port of destination (Mumbai)

(2) Installation Commissioning STW Training -

For Overseas Bidders At MDL site

Training to be imparted to Non-executives-04 Nos for 7 days (1 week)

Delivery ScheduleWork Completion Schedule and delivery term (For Indigenous bidders) The entire scope of work ie Design manufacture Supply Installation Commissioning STW amp

Training to be completed within 6 months from the date of receipt of PO

1) Supplydelivery of machineItemsEquipmentsspares at MDL = within 22 weeks (CIF

delivery) and

2) Installation Trials Training and Commissioning = Within 2 weeks

Delivery Term (1) Supply For Indigenous bidder Door DeliveryFOR MDL GRS Stores

For Overseas Bidder CIF Port of destination (Mumbai)

(2) Installation Commissioning STW Training - For Indigenous Bidders At MDL site

Training to be imparted to Non-executives-04 Nos for 7 days (1 week)

25 Assistance for Installation Testing Commissioning Maintenance amp other Technical

activities 1 Services of engineersManpower in connection with assistance of delivery

loadingunloading installation setting-in-work testing tuning commissioning

training to be considered in the scope of supply

2 All machinery equipments Oxygenother fuel gas for cutting fork lift welding Tools

amp Tackles accessories spares Chemicals consumables Special tools Fixtures and

tackles Workshop and fabrication shop Calibration facility Local transportation and

Internal Transportation storage amp preservation materials Ist fill of Oil lubricants

grease amp other resources etc required for Installation commissioning work to be

arranged by contractor Crane facility for unloading the equipment at the site Space water compressed air and electric Power will be provided by MDL

During Guarantee Warranty period the entire maintenance repair job shall be carried out by

experienced service engineers amp technicians The supply of all necessary tools tackles and

instruments required for the preventive and breakdown maintenance of the equipment covered

by this contract shall be in contractorrsquos scope No sub-contracting will be allowed

26 Spares Post sale product support 1 The Bidder shall assure a continuous supply of spare parts for at least 10 years from

GM(M)MTI2000007617Passivation Station

Page 23 of 45

the date of commissioning of the machine at MDL

2 List of Service centers amp Setup details to be provided

3 Standard accessories required for making itemequipmentmachine operational amp

ready to use should be included in the scope of supply

4 All defective parts spares can either be repaired or replaced by new parts Spares

replaced will be either of same make or equivalent as suggested by the OEM after

consultation with MDL However the total responsibility of the quality of spares supplied or parts repaired shall be with the Contractor

3 If any defective partitemequipment required to be taken out to the service center by

the firm for the further repairing the firm shall be asked to submit the necessary

indemnity bondBG as required Taking out defective partitemequipment from MDL

and bringing back repaired part item equipment to MDL is in the firmrsquos scope of

work The firm has to bear all the transportation charges amp transit insurance

27 Inspection - (a) Receipt Inspection by MDL- MDL inspection cell amp User dept shall carry out necessary

inspection of the items on receipt in the MDL Yard on the basis of an appropriate MDL

Inspection system requirement along with the representative of user dept amp the Inspection

documents submitted by suppliers Any objection raised by MDL inspection team against

quality of material or workmanship shall be satisfactorily corrected by the supplier at his

expenses including replacement as may be required within shortest possible time within 30

days Items damaged during transit shall also be rectified or replaced by the supplier within

shortest possible time

(b) Rejection of the material Any portion of the equipment found defectiverejected the

supplier shall collect the same at his cost from the MDL Yard all incidental charges being

born by supplier (inclusive of custom duty if payable) within 30 days from the date of

intimation to the supplier of such rejection The MDL reserves the rights to dispose off the

rejected item at the end of a total period of 90 days in any manner to the best advantage to the

MDLamp recover storage charges amp any consequential damages from sale proceeds of such

disposal

(c) Final work completion certificate in respect of completion of entire scope of work will be

certified by MDL user dept

28 Purchase Preference for MSE - NA

29 Risk Purchase amp Cancellation of Order (a) If the equipment article service or any portion thereof be not delivered performed by

the scheduled delivery date period any stoppage or discontinuation of ordered supply

awarded contract without written consent by Purchaser or not meeting the required quality

standards the Purchaser shall be at liberty without prejudice to the right of the Purchaser

to recover Liquidated Damages penalty as provided for in these conditions or to any

other remedy for breach of contract to terminate the contract either wholly or to the extent

of such default Amounts advanced or part thereof corresponding to the undelivered

supply shall be recoverable from the Contractor Bidder at the prevailing bank rate of interest

(b) The Purchaser shall also be at liberty to purchase manufacture or supply from stock as it

deems fit other articles of the same or similar description to make good such default and

or in the event of the contract being terminated the balance of the articles of the

remaining to be delivered there under Any excess over the purchase price cost of

manufacture or value of any articles supplied from the stock as the case may be over the

contract price shall be recoverable from the Bidder Vendor Contractor

(c) The Purchaser reserves the right to cancel an order forthwith without any financial

implications on either side if on completion of 50 of the scheduled deliveryCompletion

period the progress of manufactureSupply is not to the satisfaction of Purchaser and

failure on the part of the BidderVendorContractor to comply with the delivery schedule

is inevitable In such an event the BidderVendorContractor shall repay all the advances

GM(M)MTI2000007617Passivation Station

Page 24 of 45

together with interest at prevailing bank rates from the date of receipt of such advances till

date of repayment The title of any property delivered to Purchaser will be reverted to the

BidderVendorContractor at his cost

(d) In case of breach non-compliance of any of the agreed terms amp conditions of order

contract MDL reserves the right to recover consequential damages from the vendor

contractor on account of such premature termination of contract

(e) In case of delay beyond agreed period for liquidated damages or 10weeks from

contractual delivery period whichever is earlier MDL reserves the right to cancel the

order and procure the order items services from any available source at MDLrsquos option amp

discretion and entirely at your risk and cost Extra expenditure incurred by MDL in doing

will be recoverable from Bidder Supplier Contractor

30 Freak Low Quotes In case after opening of price bid of technically cleared firms it is noted that L-1 firm has quoted very low rates and indicates to withdraw from the tender then EMD shall be

forfeited and firm may be given tender holiday including intimation to other PSUs If the rates

quoted are less than MDL estimates by 40 or so and if the difference in rate between L1 and L2

is 30 or more than the firm will have to give additional BG of 20 of the PO value excluding

GST as additional security Bank charges for this additional BG shall be borne by MDL and

reimbursed against proof of payment

31 Indemnity - The Bidder Vendor Contractor his employees licencees agents or Sub-Vendor

Sub-contractor while on site of the Purchaser for the purpose of this contract indemnifies the

Purchaser against direct damage and or injury to the property and or the person of the Purchaser or

that of Purchasers employees agents Sub- Contractors Suppliers occurring and to the extent

caused by the negligence of the Bidder Vendor Contractor his employees licencees agents or

Sub-contractor by making good such damages to the property or compensating personal injury

and the total liability for such damages or injury shall be as mutually discussed and agreed to

You shall hold harmless and keep MDL indemnified against all claims arising as a result of

infringement of any patent rights on account of manufacture sale or use of article covered by

the order

32 MDL reserves the right to consider placement of Order Contract in part or in full against the

tendered quantity or item MDL reserves the right to place order on FOB or CIF basis

33 MDL shall not be bound by any printed conditions or provisions in the sellers bid forms or

acknowledgement of contract invoices packing list and any other documents which purport to

impose any conditions at variance with the tender terms final negotiated amp accepted terms

34 Bidders can participate in online bidding

a) By registering with above referred portal for User ID and password

b) By obtaining class III DSC (Digital Signature Certificate) for secured bidding

35 In case of improper on-line filling of Acceptance Formats for Tender Enquiry Form General

Terms amp Conditions (GTampC) and Standard Terms amp Conditions (STACS) it shall be

presumed that all our tender terms amp conditions are acceptable to you

36 In case of any clarifications bidders are requested to contact the undersigned before the closing

date of the tender Bidders can also contact toll-free customer help line of e-procurement portal

httpseprocuremdlnicin ASP on email id eproc-supportgovin Ph no 0120-4200462 0120-

4001002

Bidders intending to witness the Tender opening shall log on to httpseprocuremdlnicin

using digital signatures for witnessing the opening

GM(M)MTI2000007617Passivation Station

Page 25 of 45

37 We look forward to your participation in on-line bidding by offering your most competitive

and reasonable bid against this tender

Yours faithfully

For MAZAGON DOCK LIMITED

M Tanweer Iqbal

CM(C-MP)

Enclosure - 1 Instructions to the Bidders

Enclosure - 2 Illustrative format amp guideline for quoting prices in online Price Bid

Enclosure - 3 Standard Terms amp Conditions (STACS)

Enclosure - 4 General Terms amp Conditions (GTampC)

Enclosure - 5 Loading Factors

Enclosure - 6 Format of Letter of Credit

Enclosure 7 Bank Guarantee Format for EMD

Enclosure 8 Bank Guarantee Format for SD

Enclosure 9 Bank Guarantee Format for PBG

Enclosure - 10 MDL bank details for NEFTRTGS EMDSD transfer

Enclosure 11 Shipping Instruction for Sea amp Air Consignments

Note These Enclosuredocuments to be down loaded from our Website under below linkpath-

wwwmazagondockgovin gt Tenders gt Shipbuilding gt ldquoEnclosures Related to Tender Documents from Material

Purchase Deptrdquo

GM(M)MTI2000007617Passivation Station

Page 26 of 45

Enclosure ndash 1

Instructions to the Bidders for uploading the Techno-Commercial Bid and the Price Bid through E-

Procurement Portal

bullbullbullbull Official service provider for the website is NIC

E-mail eproc-supportgovin Office Ph No 0120-4200462 0120-4001002 Ph No +91-8826246593

bullbullbullbull Pre-requisites for up-loading the Techno-Commercial Bid

(i) Compatible computer hardware software set-up to access e-procure website

(ii) ldquoDigital Signature Certificaterdquo class III B (DSC) is a must for downloading the tender and uploading

the techno commercial offer from our website httpseprocuremdlnicin

(iii) ldquoDigital Signature Certificaterdquo class III B (DSC) can be obtained from our service provider

bullbullbullbull To ensure availability of above prerequisite is bidders responsibility

(i) It is mandatory to upload the complete techno-commercial offer and the price bid on e-

procurement

(ii) No part of the bid other than original EMD (if applicable) shall be accepted physically hard copy

outside e-procurement

(iii) Price bids shall strictly be uploaded in appropriate allotted place in the tender available in e-

procurement so that it remains secured encrypted unreadable in the system

(iv) In no circumstances the price bids shall be forwarded or uploaded in any other form

(v) Entire responsibility of the uploading of the complete techno-commercial bid along with the price

bid shall be that of the bidder

(vi) No request complaint shall be entertained after the due datetime of the tender

(vii) Non availability of any of the prerequisites or last minute calls seeking clarifications projecting

problems shall not entitle a bidder to seek request for extension of due date

(viii) Any problem with regard to uploading of the tender shall be intimated to NIC at least 24 hours in

advance to the tender closing time amp date However it will not be considered as reason for extension

of due date of the tender

(ix) Request for extension if at all to be made shall be forwarded at least 3 working days in advance to

the tender closing date time with proper reasoning The request shall be put up to the competent

authority for consideration on the merit of the case MDL reserves all rights in this regard amp decision

of MDL shall be binding to the applicant

It is important to note that the bidders can upload their bids right from the time the tender is available

at website It is advisable that the bidder uploads the bid well in time rather than wait till last minute

to avoid situations wherein he is unable to successfully upload the bid for various reasons which

cannot be addressed then due to lack of time

bullbullbullbull Special instructions to Bidders for online bidding

GM(M)MTI2000007617Passivation Station

Page 27 of 45

(i) Bidders should login well in advance to enable them to complete their bid submission before the

closing time of the tender

(ii) Bidders should submit their bid well in advance to avoid last minute frantic calls

(iii) Bidders should follow all the instructions enlisted on the front page of e-procure web page

(iv) Bidders should ensure Hardware amp Software compatibility as well as Digital Signature available on

front page of e-procure web site Request for extension of due date shall not be entertained due to

non-availability of these tools

bullbullbullbull Bidders to participate in on-line bidding

(i) By registering with above referred portal for User ID and password

(ii) By obtaining class III DSC (Digital Signature Certificate) for secured bidding

NOTE In case any vendor intending to respond against the tender and is not having the DSC to facilitate

uploading of his bid should approach the Service Provider at least 10 working days in advance of the tender

closing date requesting DSC The request so made to the Service Provider should simultaneously be

forwarded to MDL Dealing Officer In case the DSC is not received within 3 to 4 working days the GM (M)

be informed and the DSC if not received from the Service Provider three working days in advance for

suitable extension to tender closing date then only the tender due date shall be considered

GM(M)MTI2000007617Passivation Station

Page 28 of 45

Annexure-2

Illustrative format amp guideline for quoting prices in online Price Bid

Below format of price bid will appear online Indigenous bidders to follow instructions given in each respective

cell while quoting their cost in online price bid -

Item Sr no 1

Material Description As per clause No 1

Quantity As per clause No 1

Set Set

Currency INR USD EURO

For Indian Bidder Basic Unit Rate in INR only

For Foreign Bidder CIF Rate to be entered by the foreign

currency

To be quoted

of CGST+SGST or IGST on Basic rate To be quoted

Installation Commissioning Charges per Unit To be quoted

of CGST+SGST or IGST on Installation Commissioning

Charges To be quoted

Inspection Testing Charges per Unit To be quoted

of CGST+SGST or IGST on Inspection Testing Charges To be quoted

GM(M)MTI2000007617Passivation Station

Page 29 of 45

Enclosure-3

STANDARD TERMS AND CONDITIONS (STACS) 101 The word Purchaser refers to MAZAGON DOCK SHIPBUILDERS LIMITED (MDL) a Company

registered under the Indian Companies Act 1913 and it includes its successors or assignees

102 The word BidderVendorContractor means the person firm Company who undertakes to

manufacture and or supply and or undertake work of any nature assigned by the Purchaser from time to time

and includes its successors or assignees

103 The word Owner means the person or authority with whom MAZAGON DOCK SHIPBUILDERS

LIMITED (Purchaser) has contracted to carry out work in relation to which orders are placed by the

Purchaser on the BidderVendorContractor under this contract for supply or manufacture of certain items

and would include Department of Defence Production Ministry of Defence Government of India the Indian

Navy the Coast Guard and any other specified authority

120 GENERAL 121 Unless otherwise indicated specifically by the bidder contractor in his bid it shall be construed as his

acceptance of all the conditions mentioned in this STACS

200 COMMUNICATION amp LANGUAGE FOR DOCUMENTATION 201 Any letter facsimile message e-mail intimation or notice sent to the BidderVendorContractor at the

last known address mentioned in the offer order shall be deemed to be valid communication for the purpose

of the ordercontract Unless stated otherwise by the purchaser Language for communication amp all

documentation shall be same which the Purchaser has used in the tender enquiry

210 PURCHASERrsquoS PROPERTY 211 All property (such as materials drawings documents etc) issued by the Purchaser or any other

individual or firm on behalf of the Purchaser in connection with the contract shall remain confidential being

the property of the Purchaser and the BidderVendorContractor shall undertake to return all such property so

issued and will be responsible for any or all loss thereof and damage thereto resulting from whatever causes

and shall reimburse the Purchaser the full amount of loss and damage

212 On completion of work in any compartment location of the purchaserrsquos premises the

BidderSupplierContractor must ensure that the place is left in a reasonably clean state and all scrap is

transferred to nearby scrap-bins

220 RISK PURCHASE 221 If the equipment article service or any portion thereof be not delivered performed by the scheduled

delivery date period any stoppage or discontinuation of ordered supply awarded contract without written

consent by Purchaser or not meeting the required quality standards the Purchaser shall be at liberty without

prejudice to the right of the Purchaser to recover Liquidated Damages penalty as provided for in these

conditions or to any other remedy for breach of contract to terminate the contract either wholly or to the

extent of such default Amounts advanced or part thereof corresponding to the undelivered supply shall be

recoverable from the Contractor Bidder at the prevailing bank rate of interest

222 The Purchaser shall also be at liberty to purchase manufacture or supply from stock as it deems fit

other articles of the same or similar description to make good such default and or in the event of the contract

being terminated the balance of the articles of the remaining to be delivered there under Any excess over the

purchase price cost of manufacture or value of any articles supplied from the stock as the case may be over

the contract price shall be recoverable from the Bidder Vendor Contractor

230 RECOVERY ADJUSTMENT PROVISIONS 231 Payment made under one order shall not be assigned or adjusted to any other order except to the extent

agreed upon in writing by the Purchaser During the currency of the contract if any sum of money is payable

by the Bidder Vendor Contractor the same shall be deducted from any sum then due or thereafter may

become due to the Bidder Vendor Contractor under the contract or any other contract with the Purchaser

240 ADDITIONAL BANK GUARANTEE In case after opening of price bid of technically cleared firms it is noted that L-1 firm has quoted very low

rates and indicates to withdraw from the tender then EMD shall be forfeited and firm may be given tender

holiday including intimation to other PSUs If the rates quoted are less than MDL estimates by 40 or so and

if the difference in rate between L1 and L2 is 30 or more then the firm will have to give additional BG of

20 of the PO value as additional security Bank charges for this additional BG shall be borne by MDL and

reimbursed against proof of payment

250 INDEMNIFICATION 251 The Bidder Vendor Contractor his employees licencees agents or Sub-Vendor Sub-contractor

while on site of the Purchaser for the purpose of this contract indemnifies the Purchaser against direct

GM(M)MTI2000007617Passivation Station

Page 30 of 45

damage and or injury to the property and or the person of the Purchaser or that of Purchasers employees

agents Sub- Contractors Suppliers occurring and to the extent caused by the negligence of the Bidder

Vendor Contractor his employees licencees agents or Sub-contractor by making good such damages to the

property or compensating personal injury and the total liability for such damages or injury shall be as

mutually discussed and agreed to

260 TRANSFER OF VENDORS CONTRACTORrsquoS RIGHTS 261 The Bidder Vendor Contractor shall not either wholly or partly sell transfer assign or otherwise

dispose of the rights liabilities and obligations under the contract between him and the Purchaser without

prior consent of the Purchaser in writing

270 SUBCONTRACT amp RIGHT OF PURCHASER 271 The Bidder Vendor Contractor under no circumstances undertake or subcontract any work contract

from or to any other Sub-contractor without prior written approval of the Competent Authority of Purchaser

In the event it is found that such practice has been indulged in the contract is liable to be terminated without

notice and the Bidder Vendor Contractor is debarred all from future tender enquiries work orders

However in no circumstances a contractor is permitted to subcontract any part of the contract to the bidders

who had quoted for the concerned tender

280 PATENT RIGHTS 281 The Bidder Vendor Contractor shall hold harmless and keep the Purchaser indemnified against all

claims arising as a result of infringement of any patent copy rights on account of manufacture sale or use of

articles covered by the order

290 AGENTS AGENCY COMMISSION

291 The seller confirms and declares to the buyer that the seller is the original manufacturer or authorized

distributorstockiest of original manufacturer of the stores referred to in this contract and has not engaged any

individual or firm whether Indian or foreign whatsoever to intercede facilitate or in any way to

recommended to the Buyer or any of its functionaries whether officially or unofficially to the award of the

Contract Purchase order to the Seller nor has any amount been paid promised or intended to be paid to any

such individual or firm in respect of any such intercession facilitation or recommendation The Seller agrees

that if it is established at any time to the satisfaction of the Buyer that the present declaration is in any way

incorrect or if at a later stage it is discovered by the Buyer that the Seller has engaged any such

individualfirm and paid or intended to pay any amount gift reward fees commission or consideration to

such person party firm or institution whether before or after the signing of this Contract Purchase order

the Seller

will be liable to refund that amount to the Buyer

Tender no GM (M)GRA2000007246 Page 16 of 26

The seller will also be debarred from participation in any RFQTender for new projectsprogram with Buyer

for a minimum period of five years

The buyer will also have a right to consider cancellation of the Contract either wholly or in part without any

entitlement or compensation to the Seller who shall in such event be liable to refund all payments made by

the buyer in terms of the Contract along with interest at the rate of 2 per annum above LIBOR (London

Inter Bank Offer Rate) (for foreign vendors) and base rate of SBI plus 2 (for Indian Vendors)

The Buyer will also have the right to recover any such amount from any contracts concluded earlier with

Buyer

300 USE OF UNDUE INFLUENCE CORRUPT PRACTICES

301 The Bidder Supplier Contractor undertakes that he has not given offered or promised to give directly

or indirectly any gift consideration reward commission fees brokerage or inducement to any person in

service of the Purchaser or otherwise in procuring the contract or forbearing to do or for having done or

forborne to do any act in relation to the obtaining or execution of the Contract with the Purchaser for showing

or forbearing to show favour or disfavour to any person in relation to the Contract or any other Contract with

the Purchaser Any breach of the aforesaid undertaking by the Bidder Supplier Contractor or any one

employed by him or acting on his behalf (whether with or without the knowledge of the Bidder Supplier

Contractor) or the commission of any offence by the Bidder Supplier Contractor or any one employed by

him or acting on his behalf as defined in Chapter IX of the Indian Penal Code 1980 or the Prevention of

Corruption Act 1947 or any other Act enacted or the prevention of corruption shall entitle the Purchaser to

cancel the contract and all or any other contracts with the Bidder Contractor Supplier and recover from the

Bidder Supplier Contractor the amount of any loss arising from such cancellation Decision of the

Purchaser or his nominee to the effect that a breach of the undertaking has been committed shall be final and

binding on the Bidder Supplier Contractor

302 The Bidder Supplier Contractor shall not offer or agree to give any person in the employment of

GM(M)MTI2000007617Passivation Station

Page 31 of 45

Purchaser any gift or consideration of any kind as Inducement or reward for doing or forbearing to do or

for having done or forborne to do any act in relation to the obtaining or execution of the contracts Any

breach of the aforesaid condition by the Bidder Supplier Contractor or any one employed by them or

acting on their behalf (whether with or without the knowledge of the Bidder Supplier Contractor) or the

commission of any offence by the Bidder Supplier Contractor or by any one employed by them or acting

on their behalf which shall be punishable under the Indian Penal Code 1980 andor the Prevention of

Corruption by Public Servants shall entitle Purchaser to cancel the contracts and all or any other contracts

and then to recover from the Bidder Supplier Contractor the amounts of any loss arising from such

contracts cancellation including but not limited to imposition of penal damages forfeiture of Security

Deposit encashment of the Bank Guarantee and refund of the amounts paid by the Purchaser

303 In case it is found to the satisfaction of the Purchaser that the Bidder Supplier Contractor has

engaged an Agent or paid commission or influenced any person to obtain the contract as described in clauses

relating to Agents Agency Commission and use of undue Influence the Bidder Supplier Contractor on a

specific request of the Purchaser shall provide necessary information inspection of the relevant financial

document information

310 IMMUNITY OF GOVERNMENT OF INDIA CLAUSE 311 It is expressly understood and agreed by and between Ms (Bidder Supplier Contractor) and

MAZAGON DOCK SHIPBUILDERS LIMITED Dockyard Road Mumbai - 400 010 (MDL) is entering

into this Agreement solely on its own behalf and not on the behalf of any person or entity In particular it is

expressly understood and agreed that the Government of India is not a party to this Agreement and has no

liabilities obligations or rights hereunder It is expressly understood and agreed that MDL is an independent

legal entity with power and authority to enter into contracts solely in its own behalf under the applicable of

Laws of India and general principles of Contract Law The (Bidder Supplier Contractor) expressly agrees

acknowledges and understands that MDL is not an agent representative or delegate of the Government of

India It is further understood and agreed that the Government of India is not and shall not be liable for any

acts omissions and commissions breaches or other wrongs arising out of the contract Accordingly (Bidder

Supplier Contractor) hereby expressly waives releases and foregoes any and all actions or claims including

cross claims impleader claims or counter claims against the Government of India arising out of this contract

and covenants not to sue Government of India in any manner claim cause of action or thing whatsoever

arising of or under this Agreement

320 EXPORT LICENCE 321 The export licenses that may be required for delivery of the various itemsequipment to MDL shall be

arranged by the Bidder Supplier Contractor from the concerned authorities in their country without any

time amp cost implications on the Purchaser

330 BANNED OR DE-LISTED CONTRACTORS VENDORS 331 The Bidder Vendor Contractor declares that they being Proprietors Directors Partners have not

been any time individually or collectively blacklisted or banned or de-listed by any Government or quasi

Government agencies or PSUs If a bidderrsquos entities as stated above have been blacklisted or banned or delisted

by any Government or quasi Government agencies or PSUs this fact must be clearly stated and it may

not necessarily be a cause for disqualifying him

340 DUTY OF PERSONNEL OF SUPPLIERVENDOR 341 MDL being a Defence Organization Bidder Vendor Contractor undertakes that their personnel

deployed in connection with the entrusted work will not indulge in any activities other than the duties

assigned to them

350 DISPUTE RESOLUTION MECHANISM AND ARBITRATION

351 DISPUTE RESOLUTION MECHANISM (DRM) i) Any disputedifferences between the parties arising out of and in connection with the contract shall be

settled amicably by mutual negotiations

ii) In case of non-settlement by (i) above if at any time before during or after the contract period any

unsettled claim dispute or difference arose between the parties upon or in relation to or in connection with

or in any way touching or concerning this tenderagreementordercontract the same shall be referred to the

concerned Functional Director

The Functional Director shall then nominate an Executive of the rank of General Manager whom he thinks fit

and competent or a Committee of Executives whowhich shall then scrutinise the claimsdisputes that have

been referred to the concerned functional Director and make efforts for amicable settlements by mutual

discussionsnegotiations

iii) In case no amicable settlement is arrived by (ii) above within a period of three months then the contractor

shall approach Public Grievance Cell and address the disputes as per the provisions made under the relevant

GM(M)MTI2000007617Passivation Station

Page 32 of 45

clause of the contract

iv) In case the issuesdisputes do not get settled within a period of six months from the date of

submission of the dispute to the Grievance Cell then the contractor may invoke Arbitration Clause of the

contract

352 ARBITRATION Unresolved disputesdifferences if any shall then be settled by arbitration The

Arbitration proceedings shall be conducted at Mumbai India in English Language under the Arbitration amp

Conciliation Act 1996

MDL prefers to have arbitration through Institutes such as Indian Council of Arbitration (ICA)ICA-DR with

the mutual consent of the parties

353 In case of unresolved differencedispute between the Purchaser and Supplier being Central Public

Sector EnterprisesCentral Govt departments the disputes shall be resolved firstly through mutual discussion

or through the empowered agencies of the Govt or through arbitration by reference by either party to the

department of Public Enterprises as per extant guidelines If disputesdifferences remain

unresolvedunexecuted the same shall be referred first to the Cabinet Secretariat and then if necessary to the

PMO

354 Any changes to arbitration clause must be vetted by HOD (Legal) before incorporation in

contractPO

360 JURISDICTION OF COURTS 361 All contracts shall be deemed to have been wholly made in Mumbai and all claims there under are

payable in Mumbai City and it is the distinct condition of the order that no suit or action for the purpose of

enforcing any claim in respect of the order shall be instituted in any Court other than that situated in Mumbai

City Maharashtra State India ie courts in Mumbai shall alone have jurisdiction to decide upon any dispute

arising out of or in respect of the contract

-----------------------

GM(M)MTI2000007617Passivation Station

Page 33 of 45

Enclosure-4

GENERAL TERMS amp CONDITIONS (GTampC)

A10 Blank

A20 SECURITY DEPOSIT A21 The successful bidder shall submit a Security Deposit 5 of the contract order value (excluding

taxes duties freight service component) of the Order in the form of Demand Draft Bank Guarantee in the

prescribed format in favour of Purchaser within 25 days from date of Contract The Security Deposit will be

returned only after the successful execution of the order contract Refund of Security Deposit whenever

considered admissible by the Purchaser shall be without interest only

A30 FORFEITURE OF EMD BID BOND A31 In cases of withdrawal of bid during validity period or during any extension granted thereof non

acceptance of agreed conditions of Technical and or Commercial and or Price Negotiations non-submission

of the security deposit and or non-acceptance of the order the EMD or bid security will be forfeited or

encashed as the case may be

A40 FORFEITURE OF SECURITY DEPOSIT A41 Non-performance of agreed terms and or defaultbreach by BidderVendorContractor will result in

forfeiture of security deposit with application of risk purchase provisions as felt appropriate by the Purchaser

A50 FORFEITURE OF PERFORMANCE GUARANTEE A51 In the event of BidderVendorContractor failure to attend the Guarantee defects within a reasonable

period of time the Performance Bank Guarantee will be encashed by the Purchaser The Purchaserrsquos decision

shall be final and binding on BidderVendorContractor

A60 SUPPLIES A61 The equipment products items Services to be supplied shall be strictly in accordance with the

Drawings Specifications Requirements indicated in the Tender Enquiry Order with deviations if any as

mutually accepted

A70 PROGRESS REPORTING amp MONITORING A71 Where so stipulated in the order the Bidder Supplier Contractor shall render such reports from time

to time as regards the progress of the contract and in such a form as may be called for by the Purchaser

A80 CANCELLATION OF ORDER A81The Purchaser reserves the right to cancel an order forthwith without any financial implications on either

side if on completion of 50 of the scheduled deliveryCompletion period the progress of

manufactureSupply is not to the satisfaction of Purchaser and failure on the part of the

BidderVendorContractor to comply with the delivery schedule is inevitable In such an event the

BidderVendorContractor shall repay all the advances together with interest at prevailing bank rates from the

date of receipt of such advances till date of repayment The title of any property delivered to Purchaser will

be reverted to the BidderVendorContractor at his cost

A82 In case of breach non-compliance of any of the agreed terms amp conditions of order contract MDL

reserves the right to recover consequential damages from the vendor contractor on account of such

premature termination of contract

A83 In case of delay beyond agreed period for liquidated damages or 10weeks from contractual delivery

period whichever is earlier MDL reserves the right to cancel the order and procure the order items services

from any available source at MDLrsquos option amp discretion and entirely at your risk and cost Extra expenditure

incurred by MDL in doing will be recoverable from Bidder Supplier Contractor

A90 PRESERVATION AND MAINTENANCE

A91 Should any material require any preservation till its final installationfitment the detailed procedure

(Long term amp short term) for the same as also the time of interval after which the state of preservation needs

to be reviewed is to be stated by the BidderVendorContractor

A92 Further the de-preservation prior to the materialequipment being commissioned and the maintenance

procedure together with its periodicity is also to be indicated by the Bidder Vendor Contractor

A93 The Bidder Vendor Contractor in their offer must confirm that indigenous oil lubricants and

preservatives etc can be used in the equipment The bidder must also give assurance that the equipment

performance will not be downgraded by use of indigenous equivalents

A100 FREIGHT amp INSURANCE

A101 For Indigenous Bidders In cases where the offers are for Door Delivery to Purchaser transit freight

amp Insurance charges shall be borne by the Bidder Supplier Contractor In other agreed cases of Ex-works

Ex-Transporters warehouse or Railway godown offers the Bidder Supplier Contractor on dispatch shall

give details of materials with dispatch particulars and their value in time to Purchasers Insurance Company

GM(M)MTI2000007617Passivation Station

Page 34 of 45

on the contact details as provided in the order In such agreed cases the freight amp insurance charges will be

paid by the purchaser directly to the parties concerned

A102 For Foreign Bidders For overseas supplies on CIF port of dispatch basis Transit Insurance shall be

arranged by the Purchaser The Bidder Supplier Contractor shall immediately on despatch of the

items inform all relevant details of despatch such as Order number Bill of LadingAWB number

marked as Freight Paid Insurance policydocument number of packages value of consignment

invoice number in time directly to Purchasers Insurance company amp Purchaser on the contact details

as provided in the order In case of delivery term other than CIFCIP the freight amp insurance charges

will be paid by the purchaser directly to the parties concerned

A110 TAXES amp DUTIES STATUTORY LEVIES A111 Taxes and duties applicable if any shall be regularized by MDL by issuing necessary exemption

certificates in respect of procurement for Defence Projects Bidder shall indicate separately the GST and

duties applicable in their offer When the items qualify for exemption partlyfully but the supplier did not

avail of the same the amount of taxes and duties on such supplies shall be to supplierrsquos account In cases

where exemption certificates are not issued for any reason taxes shall be paid as indicated in the Purchase

OrderContract Tax deduction at source will be effected wherever applicable (eg TDS under Income tax

Act TDS on Works Contract under GST Act etc) from the bills of the Supplier as per statutes Similarly

where payment of Custom duty is agreed to and stipulated in the Purchase Order Contract the same will be

paid by the Purchaser on receipt of supplierrsquos bills along with Custom Certified Duty Paid Challan-Money

Receipt in original or carbon copy as relevant These Challans Receipts Bill of Entry are to be drawn issued

in the name of lsquoMAZAGON DOCK SHIPBUILDERS LIMITEDrsquo only Where payment of GST is agreed to

and stipulated in the Purchase Order Contract the same will be paid by the Purchaser on the basis of

Suppliers TAX INVOICE wherein the GST Number along with HSN SAC code is indicated in the Invoice

A120 DEMURRAGE A121 Storage and Demurrage charges will be payable by the Bidder Vendor Contractor for all shipments

that reach purchaser without proper dispatch documentations Lorry Receipts not accompanied by packing

lists invoices etc The Supplier shall be responsible for fines due to errors or omissions in description weight

or measurements and for increased handling charges due to improper packing

A130 INSPECTION TESTING A131The ordered items will be inspected either by Classification Society Nominated Agency and or by

Inspection Officer nominated by Purchaser at stages defined in the tender Purchase Order or as agreed to be

defined subsequently in terms of the Purchase Order

A132 The decision of the Inspecting Authority or their representatives as the case may be on any question

of the intent meaning and the scope of Specifications Standards shall be final conclusive and binding on

the Bidder Vendor Contractor

A133 The Bidder Vendor Contractor shall accord all facilities to Purchasers Inspectors Nominated

Agency to carry out Inspection Testing during course of manufacture final testing

A140 RECEIPT INSPECTION BY MDL A141 MDL shall carry out necessary inspection of the items on receipt on the basis of an appropriate quality

assurance system and inspection system requirements along with representative of the Owner Any objection

raised by MDL Quality Control Team against quality of materials or workmanship shall be satisfactorily

corrected by the Contractor at his expense including replacement as may be required within shortest possible

time within 30 days Items damaged during transit shall also be rectified replaced by the Contractor within

shortest possible time payment for which shall be made at mutually agreed rates

A150 REJECTION OF MATERIALS A151 Should the articles or any portion thereof of the equipment be found defective rejected the Bidder

Vendor Contractor shall collect the same from the Purchasers Stores all incidental charges being borne by

him (inclusive of Custom duty if payable) within 30 days from the date of intimation to the Bidder Vendor

Contractor of such rejection The Purchaser reserves the right to dispose off the rejected items at the end of

a total period of 90 days in any manner to the best advantage to the Purchaser and recover storage charges

and any consequential damages from sale proceeds of such disposal

A160 TECHNOLOGICAL DEVELOPMENTS MODIFICATIONS

A161 The Bidder Supplier Contractor shall unconditionally and free of cost to the Purchaser transfer

information on technological developments innovations modifications which the BidderSupplier

Contractor would evolve in future (within 3 years) in relation to the supplied equipment To enable this the

Purchasers address shall be added to the Bidder Supplier Contractorrsquos mailing list or database or any other

document maintained for dissemination of product information and the Purchaser shall be informed of the

GM(M)MTI2000007617Passivation Station

Page 35 of 45

action taken in this regard If such improvements modifications are brought in by the Bidder Supplier

Contractorrsquos Design Department in the course of manufacture of equipment ordered by the Purchaser the

Bidder Supplier Contractor shall incorporate such improved versions in the equipment without any extra

cost to the Purchaser under Purchaserrsquos prior consent

A162 If the Purchaser be desirous of getting incorporated all post supply modifications improvements

arising out of technological developments to the original equipment supplied by the Bidder Supplier

Contractor the Bidder Supplier Contractor shall quote for and carry out all such modifications to the

equipment

A163 Where the whole or a portion of the equipment has been specifically developed by the Bidder

Supplier Contractor for the Owner and the latter would through the Purchaser be bearing the entire or part

of the development cost incurred by the Bidder Supplier Contractor the design rights for the whole or

portion thereof of the equipment as appropriate shall vest in the Owners

A164 Prior approval of the Owner should be obtained before similar articles are sold supplied to any other

party other than the Owner If such approval is given and sale is effected the Bidder Supplier Contractor

shall pay to the Owner royalty at the rate mutually agreed to

A165 The Sub-contractor Supplier Supplier shall continue to support the equipment for a minimum period

of 20 years from the date of supply by making available spare parts and assemblies of the equipment

supplied Should the Sub-contractor Supplier Supplier decides to discontinue the product for any reason

whatsoever adequate notice shall be given to the Purchaser Owner to enable procurement of the requisite

lifetime spares

A170 PURCHASERrsquoS RIGHT TO ACCEPT ANY BID PART OF BID AND TO REJECT ANY OR

ALL BIDS A171 The Purchaser reserves the right to accept and or reject any or all tenders and or to withdraw the tender

in Toto and or award the contract order in full or part to more than one vendor contractor without

assigning any reason whatsoever and without thereby incurring any liability to the affected Bidder or Bidders

or any obligations to inform the affected Bidder or Bidders of the grounds for MDL action

A180 BANK GUARANTEE INSURANCE COVER FOR FREE ISSUE MATERIAL A181 The Bidder Supplier Contractor shall furnish Bank Guarantee insurance Cover equivalent to the

value of materials supplied by MDL free of cost valid up to the execution of the contract delivery of

material inspected accepted and receipt at MDL together with the material reconciliation statement

whichever is later

A190 BIDDERrsquoS RESPONSE IN CASE OF NO PARTICIPATION A191 The Sub-contractor Supplier Vendor shall inform the Purchaser in advance in case he is unable to

participate in the tender for whatsoever reason Failure to comply with this will be viewed seriously and

consecutive three failures on the part of Sub-contractor Supplier Vendor to do so is liable for

disqualification debarring of the Sub-contractor Supplier Vendor from all future tender enquiries and or

delisting from the list of Approved Registered Vendors

A230 PREFERENCETIAL PURCHASE FROM MSE VENDORS ndash Not Applicable MDL has right to place order on MSE firm meeting following criteria

In tenders if participating MSEs quoted prices are within price band of L1+15 such MSEs shall also be

allowed to supply a portion up to 20 of requirement by bringing down their prices to L1 price where L1 is

non MSEs If more than 1 MSEs fall under such criteria then this 20 shall be distributed proportionally

This preference shall not be applicable where MSE firm is L1 firm out of 20 percent target of annual

procurement from Micro and Small Enterprises a sub-target of 20 percent (ie 4 percent out of 20 percent)

shall be earmarked for procurement from Micro and Small Enterprises owned by the Scheduled Caste or the

Scheduled Tribe Entrepreneurs In respect of items reserved for MSE extant guidelines shall be followed

Presently Circular No SO 581(E) dated 23032012 is applicable

GM(M)MTI2000007617Passivation Station

Page 36 of 45

Annexure-5

LOADING FACTORS A

Sr

No

Description Foreign Supplier

100 import content

Indigenous

Supplier with part

Import content

Indigenous

Supplier without

Import content

1 Basic Price Quoted

CIF

a a Ex Works

b b Delivered to

MDL Stores

a Ex Works

b Delivered to

MDL Stores

2 Add Insurance Charges Nil In case of 1 (a) In case of 1 (a)

3 Add Sea Air Freight charges

Inland Road Transport Nil In case of 1 (a) In case of 1 (a)

4

Customs Clearance Port

Handling Transportation to

Yard

Applicable NIL NIL

5

Cost (ex-MDL) excluding taxes

amp duties without loading

towards any deviations

CIF price +

SrNo4 Sr Nos (1+2+3) Sr Nos (1+2+3)

B LOADINGS DUE TO VARIATIONS IN FINANCIAL TERM

6 Variation in payment Terms

Varied payment terms quoted by bidders as compared to the terms stated

in the tender document shall be normalized on the amount(s) at variation

and or for the period (in no of days) at variation by adopting the Prime

Lending Rate of State Bank India plus 2 thereon incase of indigenous

bidders and LIBOR EURIBOR rates in case of foreign bidders

7

Income tax amp Service Tax on

Technical Services Service

Engineers liability to MDL

Normalization shall be done in respect of the amount of tax that have to

be borne by the Company

8 Production norms such as

scrap output ndash input ratio

9 Base date for price variation

clause

1

0

Cost (ex-MDL) excluding taxes

amp duties after loading for

variations in financial term

(SR Nos 5 + 6 + 7 + 8 + 9)

C LOADING ON ACCOUNT OF DEVIATIONS IN FOLLOWING COMMERCIAL TERMS

11

Security Deposit Contract

Performance Guarantee Mandatory

12

Equipment Performance

Guarantee Mandatory

13

Additional delivery period

sought over stipulated period as

per Tender

For the additional period sought by the bidder over the stipulated date of

delivery as per tender 050 per week for delayed period will be loaded

to the quoted price if the period under variation does not lead to bid

rejection criteria 14 Additional time sought for

supplying binding data

15 Liquidated damages per week

rate Maximum Ceiling

If bidder seeks less than 5 (Max ceiling) then the difference will be

loaded

The rate of LD per week or part thereof is 05 If bidder seeks say 04

per week or part thereof then Max Ceiling of LD will be equated to

weeks (Say 10 weeks) then LD proposed by bidder works out to 10 X 04

= 4 then 1 will be loaded

16 Warranty Guarantee

Deviations in respect of the period of Warranty shall be loaded to the

quoted price 025 per month or part thereof This does not arise if

the bidder quotes additional price for the differential period

GM(M)MTI2000007617Passivation Station

Page 37 of 45

17

Cost (Ex-MDL) excluding taxes

amp duties after loading for

variations on account of

financial and commercial terms

Sr Nos 10 + 11 + 12 + 13 + 14 + 15 + 16

D LANDED COST

18

Taxes amp Duties

19

Landed Cost Sr Nos 17 + 18

GM(M)MTI2000007617Passivation Station

Page 38 of 45

Annexure-6

LETTER OF CREDIT FORMAT FOR SHIPMENT BY SEA AIR

40A Form of Documentary Credit Type IRREVOCABLE

20 Transaction Reference Number Documentary

Credit Number

31C Date of Issue Date

31D Date and Place of Expiry Date

Place NEGOTIATING BANK

51A Applicant Bank BIC BANKERS OF MDLMUMBAI

50 Applicant Name amp Address MAZAGON DOCK SHIPBUILDERS LTD

DOCKYARD ROAD MAZAGON MUMBAI ndash

400 010

59 Beneficiary Name amp Address

32B Currency Code Amount

Currency

Amount

39A Percentage Credit Amount Tolerance

Tolerance 1

Tolerance 2

41D Available with hellipByhellip Name amp Address

42C Draft at hellip Narrative SIGHTNEGOTIATION

42D Drawee Name amp Address BANKERS OF MDLMUMBAI

43P Partial Shipments Narrative ALLOWEDNOT ALLOWED

43T Transhipment Narrative ALLOWEDNOT ALLOWED

44A Loading on Board Dispatch Narrative AIRPORT SEAPORT (AS PER TENDER

ENQUIRYORDER)

44B For Transportation to Narrative AIRPORT SEAPORT (AS PER TENDER

ENQUIRYORDER)

44C Latest Date of Shipment Date

46A Documents required Narrative (AS PER TENDER ENQUIRY)

47A Additional conditions Narrative 1 ALL DOCUMENTS SHOULD BE MARKED

WITH IEC CODE NO0388070412 LC NO

AND DATE AND IMPORT UNDER NON-

NEGATIVE LIST OF IMPORT EXPORT

POLICY AM

2 DISCREPANT DOCUMENTS TO BE SENT

STRICTLY ON COLLECTION BASIS

71B Details of charges Narrative ALL FOREIGN BANK CHARGES OUTSIDE

INDIA ARE FOR THE BENEFICIARYrsquoS

ACCOUNT

48 Period for presentation

Narrative

WITHIN ----- DAYS FROM THE DATE OF

BILL OF LADING AIRWAY BILL 49 Confirmation instructions

Instruction

WITHOUT

53D Reimbursing Bank

Name amp Address

BANKERS OF MDL WILL SPECIFY

78 Instructions to the Paying Accepting Bank

Narrative

BANKERS OF MDL WILL SPECIFY 72 Sender to Receiver Information

Narrative

BANKERS OF MDL WILL SPECIFY

GM(M)MTI2000007617Passivation Station

Page 39 of 45

Enclosure-7

PROFORMA BANK GUARANTEE FOR BID BOND EMD

(On Non-Judicial stamp paper of value Rs 500-)

IN CONSIDERATION OF MAZAGON DOCK SHIPBUILDERS LIMTED a company incorporated under the Companies Act 1956 and having its registered office at Dockyard Road Mumbai 400010 (hereinafter referred to as

the ldquothe Companyrdquo which expression shall unless it be repugnant or contrary to the subject or context thereof be

deemed to mean and include its successors and assigns) having agreed to accept the Earnest Money Deposit (EMD)

of Rs--------------------------- -------(Rupees-----------------------------only) in the form of Bank Guarantee from Messers

a partnership firmsole proprietor businessa company registered under the Companies Act 1956

having its office at (hereinafter called the tenderer which expression shall unless it be

repugnant or contrary to the subject or context thereof be deemed to mean and include its successors and assigns) for

participating in the Tender nodated (hereinafter called the tender which expression

shall include any amendmentsalterations to the tender issued by the Company) for the supply delivery at site

installation and commissioning of certain equipment itemservicescivil works etc We

Bank having office at (hereinafter referred to as ldquothe Bankrdquo which

expression shall includes its successors and assigns) hereby agree to pay to the Company without any demur on first

demand an amount not exceeding Rs (Rupeesonly) against any loss or damage costs charges and expenses caused to or suffered by the Company by reason of non performance and non-fulfilment or for

any breach on the part of the tenderer of any of the terms and conditions of the said tender

2 We Bank further agree that the Company shall be sole judge whether the said tenderer has

failed to perform or fulfil the said tender in terms thereof or committed breach of any terms and conditions of the

tender the extent of loss damage cost charges and expenses suffered or incurred or would be suffered or incurred by

the Company on account thereof and we waive in the favour of the Company all the rights and defences to which we

as guarantors may be entitled to

3 We Bank further agree that the amount demanded by the Company as such shall be final and

binding on the Bank as to the Bank s liability to pay and the amount demanded and the Bank undertake to pay the

Company the amount so demanded on first demand and without any demur notwithstanding any dispute raised by the

tenderer or any suit or other legal proceedings including arbitration pending before any court tribunal or arbitrator

relating thereto our liability under this guarantee being absolute and unconditional

4 We Bank further agree with the Company that the Company shall have the fullest liberty

without our consent and without affecting in any manner our obligations hereunder to vary any of the terms and

conditions of the said tenderor to extend time of performance by the tenderer from time to time or to postpone for

any time to time any of the powers exercisable by the Company against the tenderer and to forbear to enforce any of

the terms and conditions relating to the tender and we shall not be relieved from our liability by reason of any such

variation or extension being granted to the tenderer or for any forbearance act or omission on the part of the

Company or any indulgence by the Company to the tenderer or by any such matter or things whatsoever which under

the law relating to sureties would have the effect of relieving us

5 We Bank further undertake not to revoke this guarantee during its currency except with

the previous consent of the Company in writing

6 We Bank also agree that the Bankrsquos liability under this guarantee shall not be affected

by any change in the constitution of the tenderer or dissolution or winding up of the business of the tenderer

7 Notwithstanding anything contained herein above

i) Our liability under this guarantee shall not exceed Rs

ii) This Bank Guarantee shall be valid upto and including and

iii) We are liable to pay the guarantee amount or any part thereof under this Bank Guarantee only and only if you

serve upon us a written claim or demand on or before helliphelliphellip (validity + --- weeks from the date of expiry of this

guarantee)

8 This Guarantee shall be governed by Indian laws and the Courts at Mumbai India shall have the exclusive

jurisdiction

GM(M)MTI2000007617Passivation Station

Page 40 of 45

IN WITNESS WHEREOF the Bank has executed this document on this day

of

For Bank

(by its constituted attorney

or the person authorized to sign)

(Signature of a person authorized

to sign on behalf of the Bank)

GM(M)MTI2000007617Passivation Station

Page 41 of 45

Enclosure-8

PROFORMA BANK GUARANTEE FOR SECURITY DEPOSIT (ILLUSTRATIVE FORMAT)

(On Non-Judicial stamp paper of value Rs 500)

IN CONSIDERATION OF MAZAGON DOCK SHIPBUILDERS LIMTED a company incorporated under the

Companies Act 1956 and having its registered office at Dockyard Road Mumbai 400010 (hereinafter referred to as

the ldquothe Purchaserrdquo which expression shall unless it be repugnant or contrary to the subject or context thereof be

deemed to mean and include its successors and assigns) having placed an order on Messers

a partnership firmsole proprietor businessa company registered under the Companies Act 1956

having its office at (hereinafter called the Contractor Supplier which expression shall unless it

be repugnant or contrary to the subject or context thereof be deemed to mean and include its successors and assigns)

vide order No dated (hereinafter called the order which expression shall include any

amendmentsalterations to the order issued by the Purchaser) for the supply delivery at site installation and

commissioning of certain equipment itemservicescivil works etc as stated in the said Order and the Purchaser

having agreed with the ContractorSupplier to accept a Bank Guarantee in lieu of Security Deposit payable under the

said order for the fulfilment and performance of the said order We Bank having

office at (hereinafter referred to as the Bank which expression shall includes its

successors and assigns) hereby agree to pay to the Purchaser without any demur on first demand an amount not

exceeding Rs (Rupeesonly) being 5 of the order value against any loss or damage costs

charges and expenses caused to or suffered by the Purchaser by reason of non performance and non-fulfilment or for

any breach on the part of the Contractor Supplier of any of the terms and conditions of the said order

2 We Bank further agree that the Purchaser shall be sole judge whether the said

contractorSupplier has failed to perform or fulfil the said order in terms thereof or committed breach of any terms

and conditions of the order and the extent of loss damage cost charges and expenses suffered or incurred or would

be suffered or incurred by the Purchaser on account thereof and we waive in the favour

of the Purchaser all the rights and defences to which we as guarantors may be entitled to

3 We Bank further agree that the amount demanded by the Purchaser as such shall be final and

binding on the Bank as to the Bank s liability to pay and the amount demanded and the Bank undertake to pay the

Purchaser the amount so demanded on first demand and without any demur notwithstanding any dispute raised by the

ContractorSupplier or any suit or other legal proceedings including arbitration pending before any court tribunal or

arbitrator relating thereto our liability under this guarantee being absolute and unconditional

4 We Bank further agree with the Purchaser that the Purchaser shall have the fullest liberty

without our consent and without affecting in any manner our obligations hereunder to vary any of the terms and

conditions of the said orderor to extend time of performance by the Supplier from time to time or to

postpone for any time to time any of the powers exercisable by the Purchaser against the Contractor Supplier and to

forbear to enforce any of the terms and conditions relating to the order and we shall not be relieved from our liability

by reason of any such variation or extension being granted to the Contractor Supplier or for any forbearance act or

omission on the part of the Purchaser or any indulgence by the

Purchaser to the ContractorSupplier or by any such matter or things whatsoever which under the law relating to

sureties would have the effect of relieving us

5 We Bank further undertake not to revoke this guarantee during its currency except with

the previous consent of the Purchaser in writing

6 We Bank also agree that the Bankrsquos liability under this guarantee shall not be affected

by any change in the constitution of the Contractor Supplier or dissolution or winding up of the business of the

contractor supplier

7 Notwithstanding anything contained herein above

i) Our liability under this guarantee shall not exceed Rs

ii) This Bank Guarantee shall be valid upto and including and

GM(M)MTI2000007617Passivation Station

Page 42 of 45

iii) We are liable to pay the guarantee amount or any part thereof under this Bank Guarantee only and only if you

serve upon us a written claim or demand on or before helliphelliphelliphellip(validity + ---weeks from the date of expiry of this

guarantee)

8 This Guarantee shall be governed by Indian laws and the Courts at Mumbai India

shall have the exclusive jurisdiction

IN WITNESS WHEREOF the Bank has executed this document on

this day of

For Bank

(by its constituted attorney)

(Signature of a person authorised

to sign on behalf of the Bank)

GM(M)MTI2000007617Passivation Station

Page 43 of 45

Enclosure-9

PROFORMA BANK GUARANTEE FOR PERFORMANCE (ILLUSTRATIVE FORMAT)

(On Non-Judicial stamp paper of value Rs 500-)

IN CONSIDERATION OF MAZAGON DOCK SHIPBUILDERS LIMTED a company incorporated under the

Companies Act 1956 and having its registered office at Dockyard Road Mumbai 400010 (hereinafter referred to as

the ldquothe Purchaserrdquo which expression shall unless it be repugnant or contrary to the subject or context thereof be

deemed to mean and include its successors and assigns) having placed an order on Messers a

partnership firmsole proprietor businessa company registered under the Companies Act 1956 having its Registered

office at (hereinafter called the Contractor Supplier which expression shall unless it be

repugnant or contrary to the subject or context thereof be deemed to mean and include its successors and assigns)

vide order No dated (hereinafter called the order which expression shall include any

amendmentsalterations to the order issued by the Purchaser) for the supply delivery at site installation and

commissioning of certain equipment itemservicescivil works etc as stated in the said Order and the Purchaser

having agreed that the Contractor Supplier shall furnish a security for the performance of the Contractorrsquos

Suppliers obligations andor discharge of the Contractorrsquos Suppliers liability in connection with the said order and

the Purchaser having agreed with the ContractorSupplier to accept a performance guarantee We

Bank having office at (hereinafter referred to as the

Bank which expression shall includes its successors and assigns) hereby agree to pay to the Purchaser without any

demur on first demand an amount not exceeding Rs (Rupeesonly) being 10 of the order

value against any loss or damage costs charges and expenses caused to or suffered by the Purchaser by reason of

non-performance and non-fulfilment or for any breach on the part of the Contractor Supplier of any of the terms and

conditions of the said order

2 We Bank further agree that the Purchaser shall be sole judge whether the said

ContractorSupplier has failed to perform or fulfil the said order in terms thereof or committed breach of any terms

and conditions of the order and the extent of loss damage cost charges and expenses suffered or incurred or would

be suffered or incurred by the Purchaser on account thereof and we waive in the favour of

the Purchaser all the rights and defences to which we as guarantors may be entitled to

3 We Bank further agree that the amount demanded by the Purchaser as such shall be final and

binding on the Bank as to the Bank s liability to pay and the amount demanded and the Bank undertake to pay the

Purchaser the amount so demanded on first demand and without any demur otwithstanding any dispute raised by the

ContractorSupplier or any suit or other legal proceedings including arbitration pending before any court tribunal or

arbitrator relating thereto our liability under this guarantee being absolute and unconditional

4 We Bank further agree with the Purchaser that the Purchaser shall have the fullest liberty

without our consent and without affecting in any manner our obligations hereunder to vary any of the terms and

conditions of the said orderor to extend time of performance by the Supplier from time to time or to postpone for

any time to time any of the powers exercisable by the Purchaser against the Contractor

Supplier and to forbear to enforce any of the terms and conditions relating to the order and we shall not be relieved

from our liability by reason of any such variation or extension being granted to the Contractor Supplier or for any

forbearance act or omission on the part of the Purchaser or any indulgence by the Purchaser to the

ContractorSupplier or by any such matter or things whatsoever which under the law

relating to sureties would have the effect of relieving us

5 We Bank further undertake not to revoke this guarantee during its currency except with

the previous consent of the Purchaser in writing

6 We Bank also agree that the Bankrsquos liability under this guarantee shall not be affected

by any change in the constitution of the Contractor Supplier or

dissolutionhelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

7 Notwithstanding anything contained herein above

i) Our liability under this guarantee shall not exceed Rs

ii) This Bank Guarantee shall be valid upto and including and

GM(M)MTI2000007617Passivation Station

Page 44 of 45

iii) We are liable to pay the guarantee amount or any part thereof under this Bank Guarantee only and only if you

serve upon us a written claim or demand on or before helliphelliphellip (validity + ---weeks from the date of expiry of this

guarantee)

8 This Guarantee shall be governed by Indian laws and the Courts at Mumbai India shall have the exclusive

jurisdiction

IN WITNESS WHEREOF the Bank has executed this document on

this day of

For Bank

(by its constituted attorney)

(Signature of a person authorised

to sign on behalf of the Bank)

GM(M)MTI2000007617Passivation Station

Page 45 of 45

Enclosure-10

Electronic Payment Mandate Form

(MDL Bank details)

Name of the CompanyFirm Mazagon Dock Shipbuilders Limited

Address with Phone no Dockyard Road Mumbai ndash 400010

E-Mail ID

Phone No +91 22 23745310

Fax No

Particulars of Bank Account

Name of the Bank State Bank of India

Name of the Branch Mazagon Dock Mumbai Branch

Branch Code 9054

Bank IFSC NEFT Code SBIN0009054

Bank Address MBPT Workshop building NV Nakhwa Road Mazagon - 400010

City Name Mumbai

Telephone No of Bank +91 22 23752802

9 digit code no of bank amp branch

appearing on the MICR cheque

issued by your bank

400002120

Type of Account Current Account

Account No 10005255246

Income Tax PAN No AAACM8029J

Page 15: Final Tender - Mazagon Dock Shipbuilders...DIVISION-SHIP BUILDING DEPARTMENT-MATERIAL PROCUREMENT Tender no.: GM(M)/MTI/2000007617 for the Engineering, Manufacturing, Supply/Installation,

GM(M)MTI2000007617Passivation Station

Page 15 of 45

135 Where the quoted price is claimed to be inclusive of taxes (by other than

composite vendor) MDL consider it as net price on which GST is payable In

such cases the GST may be paid by MDL directly to GSTN under reverse

charge mechanism or otherwise for which no input tax credit will be available to

vendor and vendor is deemed to have confirmed that he will not claim ITC for

such items

136 If the vendor is registered under GST vendor shall mention the HSN code for

goodsampor services in their tax invoice etc These codes must be in accordance

with GST Laws and responsibility of specifying correct HSN code for goodsampor

services is that of the vendor MDL shall not be responsible for any error in HSN

code for goodsampor services specified by suppliercontractor Suppliercontractor

shall pay penalty andor interest imposed on MDL or any loss due to delay in

availing ITC by MDL or any loss of ITC to MDL due to error by vendors at any

stage MDL reserve right to recover any such interest penalty or loss from any amount due to supplier contractor or vendor shall reimburse make good such

loss within 15days after intimation by MDL or otherwise

137 In case MDL is unable to avail ITC suppliercontractor at their own cost shall

rectify the shortcoming in the returns to be filed immediately thereafter Further

if the ITC is delayed denied to MDLreversed subsequently as per GST Laws due

to nondelayed receipt of goods andor services andor tax invoice or expiry of

timelines prescribed in GST Laws for availing ITC non-payment of taxes or non-

filling of returns or any other reasons not attributable to MDL supplier

contractor shall pay any loss of amount along with interest and penalty on MDL

under GST Laws for the number of days the ITC was delayed If the shortcoming

is not rectified by suppliercontractor and MDL ends up in reversal of credits

andor payments suppliercontractor is fully liable for making good all the loss

incurred by MDL MDL reserve right to recover any interest penalty or loss from

any amount due to suppliercontractor or otherwise

138 If the vendor is registered under GST the GST registration number (15 digit

GSTIN) issued by GOI shall be mandatorily provided by the vendor Vendor

having multiple business verticals within state at multiple states with separate

GST registration numbers shall forward GSTIN of only that vertical which is

involved in supply of goods andor services MDL GSTIN is

27AAACM8029J1ZA and vendor shall mention the same while invoicing and

avoid any data entry error on GST portal

139 If the vendor is registered under GST vendor shall ensure timely submission of

invoice as per the provisionsrequirementstimeline promulgated by GOI in

relation to GST Laws with all required supporting documents to enable MDL to

avail input tax credit promptly The vendors invoice inter alia should contain

GSTIN of vendor GSTIN of MDL (ie 27AAACM8029J1ZA) GST tax rate

separately HSN code wise goods or services Place of supply signature of vendor

etc Original invoice needs to be submitted to Bill Receipt Centre at MDL gate

and a copy of the invoice should be given to the GRS Stores

1310 If the vendor is registered under GST vendor shall file all applicable returns

under GST Laws in the stipulated time and any losses of tax credit to MDL

arising due to delay in filling will be recovered from their invoice wherever MDL

is eligible to avail tax credit Any default towards payment of tax andor

uploading of monthly returns by supplier contractors MDL retains right to

withhold payments towards tax portion until the same is corrected and complied

by the suppliercontractor with the requirement of GST along with satisfactory

evidence

GM(M)MTI2000007617Passivation Station

Page 16 of 45

1311 The rate sheet enclosed with the tender will indicate the rates to be entered under

each head wherever applicable Bidder must clearly mention the applicable taxes

amp duties The item-wise rates (ie Basic + PampF + FampI) quoted in the rate sheet

should exclude taxes amp duties Bidder should indicate GST rates as applicable

separately under each of the head in the same rate sheet which will be paid extra

based on tax invoice to the extent applicable The GST will be applicable on total

basic rate of each item (ie Basic +PampF +FampI)

1312 If the vendor changes his registration status from composition dealer to normal

registered dealer under GST Law the vendor has to inform MDL immediately

Further his contract price under GST needs to be negotiated since as a normal

dealer he will have benefit of ITC which he should pass on to MDL

1313 Bid Evaluation Clause - I) As per GST Law ITC is not available

a) For goods and services which are not in furtherance of business

b) In some cases for eg rent a car life insurance work contract services for

immovable property as mentioned under section 17 of GST Act 2017 In such cases

evaluation of bid is inclusive of GST quote by bidder

II) In all other cases ie goods and services not covered under sr no I above

evaluation of bid is exclusive of GST quoted by bidder

III) Further in the case of composition dealer since composition dealer is not

allowed to charge GST in such case evaluation of bid will be on the price quoted by

bidder

1314 For Overseas Bidder All taxes applicable outside India shall be borne by overseas

bidder

a In case of foreign bidders all taxes duties statutory levies and charges which

are to be paid for the delivery of goods amp services shall be paid by the parties

under the present contract in their respective countries MDL shall bear and pay

all taxes duties and statutory levies in India in connection with the execution

andor performance of this contract wrt deliverables delivered and service

rendered as per contract excluding income tax applicable on service charges

b Foreign bidder shall submit tax residency certificate (TRC) in Part ndashI offer In

case of remittances to foreign companies for services as per income tax act and

DTAA provisions TDS shall be carried out from the amount payable towards

services As per the extant applicability and existing rates following cases

pertaining to TDS are presented for clarity

i Case 1 (TRC is made available by foreign bidders) Tax deduction at

source (TDS) 15 of total service payment is applicable If this is

not agreed to by the bidder in the bid or during TNCCNC then this

shall be appropriately loaded as per applicable rates on the price for the

purpose of ranking However bidders to note that TDS rates DTAA

rates differ from country to country It varies from10 to 25

ii Case 2 (TRC is not made available by foreign bidders) Tax deduction

at source (TDS) at the rates as mentioned in the table below is

applicable If this is not agreed to by the bidder in the bid or during

TNCCNC then this shall be appropriately loaded as per applicable

rates on the price for the purpose of ranking These rates shall be as

under

GM(M)MTI2000007617Passivation Station

Page 17 of 45

Service Payment slabs (converted in

INR)

Rate of TDS applicable on total

service payment

Up to value of INR 1 Cr 2575

Above 1 Cr Up to 10 Cr 2626

Above INR 10Cr 270375

14 Loading Criteria Deviations sought by the bidder in respect of Custom Duty exemption

Freight Insurance Payment terms shall be loaded on the bidders quoted prices during price

evaluation by MDL Among the equal bids bidders with ISO 9000 series accreditation over

Non-ISO bidders firstly Manufacturers then their authorized dealers will be given preference

The loading criteria that will be adopted are detailed below amp also as per Enclosure-5

141 It is desirable that the bidder accepts the Payment Terms indicated in clause 9

above Varied payment terms quoted by bidders as compared to the terms stated

in the Tender document shall be normalized by applying SBI Prime Lending

Rate (prevailing at the time of opening of Price bid) plus 2 pa rate of interest

for the period at variation (For Indigenous bidder) amp for overseas bidder the bids

will be normalized at LIBOREURIBOR rate plus 2 for ranking of the bids

142 In case of Foreign supplier the basic cost (CIF) shall be the basis for comparison

of quoted price Custom Duty Custom clearance Port handling transport

charges to the yard will be added to CIF cost to arrive at door delivery cost

143 Delivery of the goods at MDL premises should be the responsibility of the

vendor However for unavoidable reasons if bids are exclusive of transport

andor insurance the same will be loaded at the cost to be incurred by MDL

144 For the additional delivery period sought by the bidder over the stipulated date of

delivery as per Tender 050 per completed week will be loaded to the quoted

price

145 Deviations sought in respect of Liquidated Damages (LD) Deviations sought in

respect of rate per week and or maximum ceiling in respect of liquidated

damages shall be loaded to the quoted price For eg The maximum ceiling

towards liquidated damages stipulated in the tender is 5 and the bidder seeks to

limit it to say 35 then the price quoted will be loaded by 15 If the rate of

LD per week is 05 per week or part thereof as per tender and the bidder seeks

it as say 04 per week or part thereof the maximum ceiling on L D as per

tender will first be equated to weeks (10 weeks in this case) and the rate proposed

by the bidder ie 04 will be multiplied by the so equated maximum Period

(which works out to 4) and the quoted price will be loaded accordingly by 1

Delivery being the essence of the contract it is desirable if the bidders adhere to

the stipulated clause

146 Deviations in respect of the period of Warranty shall be loaded to the quoted price

025 per month or part thereof This does not arise if the bidder quotes

additional price for the differential period

147 The ranking of price bids shall be done overall L1 basis excluding GST (ie total

of basic price exclusive of GST quoted by bidder) In these cases the variation in

statutory levies etc are not allowed unless the breakup in respect of taxes duties

GM(M)MTI2000007617Passivation Station

Page 18 of 45

are clearly and separately furnished in bid

148 For opening LC all charges outside India shall be borne by the Beneficiary

(supplier) Additional loading of prices (A) Towards charges incurred in LC opening

by MDL and (B) Interest for period of 20 days base rate of SBI+2 on payment

amount is to be considered while evaluating foreign bidders for ranking purpose

15 Ranking of Bids amp Determination of L-1 Bidders Ranking of price bids shall be done on overall L1 basis with exclusive of GST

If any variations in statutory levies the break up in respect of any charges is clearly

and separately furnished in the bid and the MDL is satisfied that the rates of taxes

indicated therein are in line with the tax law so that escalation due to variation in the

taxes can be justifiably considered to the extent legitimately allowable on the base

amount(s) indicated in the bid Therefore bidder is requested to show the break up

regarding taxes as applicable in the bid

Note 1 In case of overseas supplier the ldquoCIF cost+ Inspectiontesting charges+ Installation

Commissioning charges+ custom duty+ IGST (if ITC is not available) + Custom

Clearance +port handling +transportation charges to the yard if any + LC opening

charges + interest for period of 20 days base rate of SBI +2 on payment amount

ldquoshall be the basis for comparison of quoted price Custom duty IGST Custom clearance Port handling transport charges to the yard will be added to CIF cost to

arrive at door delivery cost

2 If Service Component exists in an offer from a foreign vendor then Tax Residency

certificate (TRC) should be submitted with Part I offer If no TRC is submitted then

the enhanced Income Tax rate and Service Tax thereon will be considered while

determining L-1

3 Techno-Commercially Qualified overall lowest bidder exclusive of GST will be

considered for the placement of order 4 On-line Ranking visible to the bidders after opening part II price bid is without

loading parameters However the L1 bidder will be evaluated offline after

consideration of all applicable loading parameters as mentioned in the tender

document and commercial terms

5 In case of any discrepancy in the Blank Rate Schedule Format and actual Online

Price Bid after opening of the Price Bids the details (GST) mentioned in the On-line

Price bids shall prevail over the details in blank rate schedule format

6 ldquoBasic costrdquo is defined as ldquoDoor delivery cost (excluding GST)rdquo which includes

packing amp forwarding Delivery insurance registration charges and any cost involved

as per scope of work towards material and services basic cost of Installation

commissioning and inspection amp testing

7 ITC can be availed by MDL for the items as notified under GST ACT 2017 ITC

can be availed by MDL for registered bidder and for unregistered bidder under

reverse charge mechanism Since no ITC can be availed in case of bidders registered

under composition scheme their quoted cost will be considered for ranking

comparison purpose

16 Consignee The Successful bidders shall arrange dispatch of goods by appropriate Rail Road

Sea Air transport mode as per the order to lsquoEAST YARD STORESrsquo and further to user dept

on working days (Monday to Friday) between 800 hrs to 1500 hrs (Lunch Time 1130 to 1200

hrs) In case trucktempo reaches our yard beyond above time the same may be retained over

night at your risk amp cost

An advance copy of invoices along with other relevant documents shall be forwarded to the

purchaser sufficiently in advance to enable clearance of cargo within allowed demurrage free

days to avoid demurrage In case of door delivery orders the supplier shall categorically direct

the transporter to deliver the ordered items without insisting for consignee copy of the Lorry

Receipt

GM(M)MTI2000007617Passivation Station

Page 19 of 45

17 Modifications to the Bids Bidder desirous of submitting modified bid prior to the closing

date and time may do so online not later than deadline of submission of bids Please note that

modified bid shall be submitted through e-procurement system only Bidder can change the

submitted bid any number of times till the closing time and the last changed bid will be

considered for ranking of the bids

18 PURCHASE PREFERENCE TO MAKE IN INDIA As per Public Procurement Order Ref No P-4502122017-B E-II Dtd 15062017 issued by Govt

of India to encourage ldquoMake in Indiardquo policy Purchase Preference shall be given to local suppliers

in the following manner

(a) The terminology definitions used in the said order is as below

(i) ldquoLocal contentrdquo means the amount of value added in India be the total value of items procured

excluding net domestic indirect taxes) minus the value of imported content in the item (including

all customs duties) as a proportion of the total value in percent

(ii) ldquoLocal Supplierrdquo means a supplier or service provider whose product or service offered for procurement meets the minimum local content as prescribed under the said Order or by the

competent Ministries Department in pursuance of said order A Local Supplier can be an Indian

or Foreign bidder

(iii) ldquoMargin of Purchase Preferencerdquo means the maximum extent to which the price quoted by

local supplier may be above the L1 for the purpose of purchase preference The margin of

purchase preference for the present tender is 20

(b) Minimum local content

(i) The minimum local content in the offer is to be not less than 50 for the present tender for a

bidder to be considered as a Local Supplier

(ii) The local content can be increased through partnerships cooperation with local companies

establishing production units in India or Joint Ventures (JV) with Indian suppliers increasing the

participation of local employees in services and training themrsquo

(iii) On opening of the price bids if it is identified that there is difference in price receive amp

declaration made and local content is now not meeting the specified tender requirement (ie only

on the quoted price without any loading) then such case will be processed without any purchase

preference

(c) Declaration by Local Supplier Local Supplier should declare that the item and service

offered meets the minimum local content amp indicate its percentage in their offer which shall meet

(or even offer more) required content as specified in tender This declaration is necessary even if

Custom Duty Exemption and or ERV (if applicable) are not being sought Following documents

are to be submitted in technical offer ndash

Part-I bid

(i) Local Component list ie Items and services which are being procured produced domestically

by supplier in the system equipment service offered against tender This list shall include all the

components raw materials sub services etc

(ii) Foreign Imported Component list ie Items and services which are being supplied by bidder

from outside India in the system equipment service offered against tender This list shall include

all the components raw materials sub services etc

(iii) Bidders shall give the details of the location(s) at which the local value addition is made

Additionally location(s) details from where foreign imported components are being supplied be

also informed

(iv) Bidders shall give the price break-up in percentage for ldquoLocal Componentrdquo and ldquoForeign

Imported Componentrdquo

(v) Custom duty applicable on FE component for all foreign items (vi) The Local Suppliers are required to provide self-certification as per Annexure-11

Note In cases of procurement for value in excess of Rs 10 Crores the local supplier shall be required to

provide a certificate from statutory auditor or cost auditor of the company (in case of companies)

or from a practicing cost accountant or practicing charted accountant (in respect of supplier other

GM(M)MTI2000007617Passivation Station

Page 20 of 45

than companies) giving the percentage of local content amp applicable item wise custom duty

Once the declaration certification is committed at tender submission stage the same cannot be

altered at technical negotiation stage or after award of contract otherwise would be treated

considered as false declaration by bidder

In the event of bidders not declaring or declaring less local content percentage in the offer MDL

will consider quote bid of such bidders with local content as ldquo0rdquo or ldquoNILrdquo ie the offers of such

bidders will be treated as a ldquoNon Local Supplierrdquo where no purchase preference shall be granted to these bidders

(d) If the Local Supplier is also a MSE Vendor seeking the benefit of Public Procurement Policy

for MSEs Order 2012 then such bidders should not seek benefits against the Preference to Make

in India policy ndash Order 2017 Such bidders should categorically seek benefits of only one policy

which cannot be modified subsequently once declared in the Annexure-A referred above while

submitting the bid

(e) Custom duty issue Imported FE content is inclusive of all custom duties which is required

for arriving local content Bidders to note the following about declaration of FE Content

(i) All bidders should upfront declare line item wise custom duty duly certified Such declared

custom duty percentage will only be considered for arriving local content

(ii) In the event if the rate of custom duty is found higher than the declared custom duty by bidder

then the bidderrsquos declaration shall be final for arriving L1 bid Also in such case the difference in

custom duty would be to bidders account In case of foreign bidders the same would be to bidders

account and shall not be borne or reimbursed by Shipyard

(iii) In the event of rate of custom duty happens to be lower at the time of clearance of goods then

actual custom duty shall be payable

(iv) Notwithstanding above local content shall be calculated based on the declared custom duty by

the bidder in techno-commercial bid

(f) Preference to Local Supplier The following procedure will be adopted for deciding on

preference to Local Supplier over a non-local supplier wrt Public Procurement (Preference to

Make in India) order 2017

(i) Among all qualified bids the lowest bid will be termed as L1 If L1 is from a local supplier the

contract will be awarded to L1

(ii) If L1 is not from a local supplier the lowest bidder among the local suppliers will be invited

to match the L1 price subject to local supplierrsquos quoted price falling within the margin of purchase

preference and contract shall be awarded to such local supplier subject to matching the L1 price

(iii) In case such lowest eligible local supplier fails to match the L1 price the local supplier with

the next higher bid within the margin of purchase preference shall be invited to match the L1 price

and so on and contract shall be awarded accordingly In case none of the local suppliers within the

margin of purchase preference matches the L1 price then the contract may be awarded to the L1

bidder

(g) Preference between LS and MSE Bidder This clause is applicable only if line items are

separable and MSE preference clause is also applicable Between the MSE and Local

Supplier the MSE bidder will be given preference to match with L1 bidder as per Public Procurement Policy for MSEs Order 2012 MSE vendor will be evaluated with L1+15 MSE

doesnrsquot fall under Public Procurement (Preference to Make in India) Order 2017 Local Supplier

will be evaluated with L1+20 (Margin of Purchase Preference ordinary) as per Public

Procurement (Preference to Make in India) Order 2017

(h) After the contract is awarded and the supplies are completed each supplier shall provide the supporting documentation towards realization of committed Local Content as per the contract

order terms amp conditions

In addition to these documents a ldquoLocal content certificaterdquo also shall be submitted stating the

percentage of local content in the items or services measured The ldquoLocal content certificaterdquo shall

be submitted along with the invoice

Note In cases of procurement for value in excess of Rs 10 Crores the local supplier shall be

required to provide a certificate from statutory auditor or cost auditor of the company (in case of

GM(M)MTI2000007617Passivation Station

Page 21 of 45

companies) or from a practicing cost accountant or practicing charted accountant (in respect of

supplier other than companies) giving the percentage of local content

(i) False declaration will be in breach of Code of Integrity under Rule 175(1)(i)(h) of GFR 2017

for which a bidder or its successor can be debarred for up to 2 years as per Rule 151(iii) of GFR

2017 along with such other actions as may be permissible under law

(j) Complaints Grievance Any complaints grievances relating to implementation of this order

shall be taken up by Public Grievance Cell of MDL headed by GM(F-PampS) Fees for filing a complaint under the order shall be Rs 10000- per case The complaints shall be filed to the

Chairman Public Grievance Cell The fee shall be deposited in MDLrsquos Account by NEFT

19 Public Grievance Cell A Public Grievance Cell headed by ED (East Yard) has been set up in

the Company Members of public having complaints or grievances are advised to contact him

on Wednesday between 1000 hours and 1230 hours in his EY-office MAZAGON DOCK

SHIPBUILDERS LIMITED Dockyard Road Mumbai - 400010 (022 ndash 23763506 23738368)

or send their complaints grievances to him in writing for redressal

20 Supply on MDL Holidays Request for permission for delivery on Saturday Sunday

holidays if required should be submitted 3 working days prior to the date of holiday to

Personnel department and Security through concerned Dept

21 Liquidated Damages Time is an essence of the contract therefore the job as ordered should be

completed on the dates mutually agreed upon in accordance with the delivery schedule In cases

of delay not attributable to Purchaser beyond the agreed schedule the Successful bidder shall pay

liquidated damages a sum representing 05 (Half per cent) per week or part thereof subject to

maximum of 5 of the final Order Contract value Vendor Contractor (Seller) will also be liable

to pay Liquidated Damages for late delivery of Manuals Drawings and Documentation as agreed

to by Purchaser and Vendor Contractor (Seller) and as stated in the Purchase Order The amount

of such damages will be clearly defined in the Purchase Order and may extend up to 5 of the

Order Value excluding taxes Applicability of LD will be considered as below -

1) Delay in manufacturing and supplydelivery of machinematerialitemsequipments at

MDL after dispatch clearance beyond specified schedule will attract LD 05 per week

or part thereof subject to maximum of 5

2) Delay in Installation trial Commissioning amp Training at MDL as per Work

completion date as certified by MDL user dept beyond specified schedule will attract

LD 05 per week or part thereof subject to maximum of 5 as per order

22 Hindrance Register All hindrances with date of occurrences and removal shall be noted in the

Hindrance Register The Hindrance Register shall be signed by the representatives of both MDL

as well as Contractor

23 Security Deposit (SD) The successful bidders shall have to submit Security Deposit for an

amount of 5 of the Order value excluding GST etc electronically through NEFT RTGS or

in the form of Bank Guarantee drawn in favor of MAZAGON DOCK SHIPBUILDERS

LIMITED Mumbai from the list of Banks approved by SBI Canara Bank published on MDL

Website within 25 days from the date of Order amp must be valid up to contract period plus one

month No interest will be paid on Security Deposit Please note that MDL does not extend any

concession such as exemption in payment of Security Deposit etc to any organization

irrespective of their status like registration with MDL NSIC SSI and MSME etc In case of

failure to submit Security Deposit within 25 days from the date of order placement EMD

submitted will be encashed and risk purchase clause would be invoked The Security Deposit

will be returned only after successful execution of the order and shall be interest free In the

event of failure to execute the order satisfactorily the Security Deposit will be encashed by

MDL If order is fully executed within 25 days from the date of purchase order submission of

security deposit is not applicable For delayed period of submission of SD beyond 25 days

from date of order bidder has to pay applicable interest In case the bidder is Indian Public

Sector Unit they shall submit the indemnity bond instead of Security Deposit Bidders may

advise their bankbanker to send BG directly to commercial department or through SWIFT to

dispense with additional step of verification of authenticity of signatories In case of BG

GM(M)MTI2000007617Passivation Station

Page 22 of 45

transmitted through SWIFT it shall be the responsibility of the bidder that he directs the

receiving banker to forward the message For delayed period of submission of SD beyond 25

days from date of order interest will be recovered as mentioned below

For Indian suppliers it will be SBAR plus 2 and EUROBORLIBOR plus 2 for Foreign

bidder Security Deposit will be returned only after successful execution of the order and shall

be interest free In the event of failure to execute the order satisfactorily the Security Deposit

will be encashed by MDL PSUs can submit Indemnity bond in lieu of Security deposit Bidders can submit SD amount

by using payment gateways through MDL website

24 Delivery ScheduleWork Completion Schedule and delivery term (For foreign bidders) The

entire scope of work ie Design manufacture Supply Installation Commissioning STW amp

Training to be completed within 6 months from the date of receipt of PO

1) Supplydelivery of machineItemsEquipmentsspares at MDL = within 20 weeks (CIF delivery) and

2) Time for transportation amp custom clearance time = 2 weeks

3) Installation Trials Training and Commissioning = Within 2 weeks

Delivery Term (1) Supply For Indigenous bidder Door DeliveryFOR MDL GRS Stores

For Overseas Bidder CIF Port of destination (Mumbai)

(2) Installation Commissioning STW Training -

For Overseas Bidders At MDL site

Training to be imparted to Non-executives-04 Nos for 7 days (1 week)

Delivery ScheduleWork Completion Schedule and delivery term (For Indigenous bidders) The entire scope of work ie Design manufacture Supply Installation Commissioning STW amp

Training to be completed within 6 months from the date of receipt of PO

1) Supplydelivery of machineItemsEquipmentsspares at MDL = within 22 weeks (CIF

delivery) and

2) Installation Trials Training and Commissioning = Within 2 weeks

Delivery Term (1) Supply For Indigenous bidder Door DeliveryFOR MDL GRS Stores

For Overseas Bidder CIF Port of destination (Mumbai)

(2) Installation Commissioning STW Training - For Indigenous Bidders At MDL site

Training to be imparted to Non-executives-04 Nos for 7 days (1 week)

25 Assistance for Installation Testing Commissioning Maintenance amp other Technical

activities 1 Services of engineersManpower in connection with assistance of delivery

loadingunloading installation setting-in-work testing tuning commissioning

training to be considered in the scope of supply

2 All machinery equipments Oxygenother fuel gas for cutting fork lift welding Tools

amp Tackles accessories spares Chemicals consumables Special tools Fixtures and

tackles Workshop and fabrication shop Calibration facility Local transportation and

Internal Transportation storage amp preservation materials Ist fill of Oil lubricants

grease amp other resources etc required for Installation commissioning work to be

arranged by contractor Crane facility for unloading the equipment at the site Space water compressed air and electric Power will be provided by MDL

During Guarantee Warranty period the entire maintenance repair job shall be carried out by

experienced service engineers amp technicians The supply of all necessary tools tackles and

instruments required for the preventive and breakdown maintenance of the equipment covered

by this contract shall be in contractorrsquos scope No sub-contracting will be allowed

26 Spares Post sale product support 1 The Bidder shall assure a continuous supply of spare parts for at least 10 years from

GM(M)MTI2000007617Passivation Station

Page 23 of 45

the date of commissioning of the machine at MDL

2 List of Service centers amp Setup details to be provided

3 Standard accessories required for making itemequipmentmachine operational amp

ready to use should be included in the scope of supply

4 All defective parts spares can either be repaired or replaced by new parts Spares

replaced will be either of same make or equivalent as suggested by the OEM after

consultation with MDL However the total responsibility of the quality of spares supplied or parts repaired shall be with the Contractor

3 If any defective partitemequipment required to be taken out to the service center by

the firm for the further repairing the firm shall be asked to submit the necessary

indemnity bondBG as required Taking out defective partitemequipment from MDL

and bringing back repaired part item equipment to MDL is in the firmrsquos scope of

work The firm has to bear all the transportation charges amp transit insurance

27 Inspection - (a) Receipt Inspection by MDL- MDL inspection cell amp User dept shall carry out necessary

inspection of the items on receipt in the MDL Yard on the basis of an appropriate MDL

Inspection system requirement along with the representative of user dept amp the Inspection

documents submitted by suppliers Any objection raised by MDL inspection team against

quality of material or workmanship shall be satisfactorily corrected by the supplier at his

expenses including replacement as may be required within shortest possible time within 30

days Items damaged during transit shall also be rectified or replaced by the supplier within

shortest possible time

(b) Rejection of the material Any portion of the equipment found defectiverejected the

supplier shall collect the same at his cost from the MDL Yard all incidental charges being

born by supplier (inclusive of custom duty if payable) within 30 days from the date of

intimation to the supplier of such rejection The MDL reserves the rights to dispose off the

rejected item at the end of a total period of 90 days in any manner to the best advantage to the

MDLamp recover storage charges amp any consequential damages from sale proceeds of such

disposal

(c) Final work completion certificate in respect of completion of entire scope of work will be

certified by MDL user dept

28 Purchase Preference for MSE - NA

29 Risk Purchase amp Cancellation of Order (a) If the equipment article service or any portion thereof be not delivered performed by

the scheduled delivery date period any stoppage or discontinuation of ordered supply

awarded contract without written consent by Purchaser or not meeting the required quality

standards the Purchaser shall be at liberty without prejudice to the right of the Purchaser

to recover Liquidated Damages penalty as provided for in these conditions or to any

other remedy for breach of contract to terminate the contract either wholly or to the extent

of such default Amounts advanced or part thereof corresponding to the undelivered

supply shall be recoverable from the Contractor Bidder at the prevailing bank rate of interest

(b) The Purchaser shall also be at liberty to purchase manufacture or supply from stock as it

deems fit other articles of the same or similar description to make good such default and

or in the event of the contract being terminated the balance of the articles of the

remaining to be delivered there under Any excess over the purchase price cost of

manufacture or value of any articles supplied from the stock as the case may be over the

contract price shall be recoverable from the Bidder Vendor Contractor

(c) The Purchaser reserves the right to cancel an order forthwith without any financial

implications on either side if on completion of 50 of the scheduled deliveryCompletion

period the progress of manufactureSupply is not to the satisfaction of Purchaser and

failure on the part of the BidderVendorContractor to comply with the delivery schedule

is inevitable In such an event the BidderVendorContractor shall repay all the advances

GM(M)MTI2000007617Passivation Station

Page 24 of 45

together with interest at prevailing bank rates from the date of receipt of such advances till

date of repayment The title of any property delivered to Purchaser will be reverted to the

BidderVendorContractor at his cost

(d) In case of breach non-compliance of any of the agreed terms amp conditions of order

contract MDL reserves the right to recover consequential damages from the vendor

contractor on account of such premature termination of contract

(e) In case of delay beyond agreed period for liquidated damages or 10weeks from

contractual delivery period whichever is earlier MDL reserves the right to cancel the

order and procure the order items services from any available source at MDLrsquos option amp

discretion and entirely at your risk and cost Extra expenditure incurred by MDL in doing

will be recoverable from Bidder Supplier Contractor

30 Freak Low Quotes In case after opening of price bid of technically cleared firms it is noted that L-1 firm has quoted very low rates and indicates to withdraw from the tender then EMD shall be

forfeited and firm may be given tender holiday including intimation to other PSUs If the rates

quoted are less than MDL estimates by 40 or so and if the difference in rate between L1 and L2

is 30 or more than the firm will have to give additional BG of 20 of the PO value excluding

GST as additional security Bank charges for this additional BG shall be borne by MDL and

reimbursed against proof of payment

31 Indemnity - The Bidder Vendor Contractor his employees licencees agents or Sub-Vendor

Sub-contractor while on site of the Purchaser for the purpose of this contract indemnifies the

Purchaser against direct damage and or injury to the property and or the person of the Purchaser or

that of Purchasers employees agents Sub- Contractors Suppliers occurring and to the extent

caused by the negligence of the Bidder Vendor Contractor his employees licencees agents or

Sub-contractor by making good such damages to the property or compensating personal injury

and the total liability for such damages or injury shall be as mutually discussed and agreed to

You shall hold harmless and keep MDL indemnified against all claims arising as a result of

infringement of any patent rights on account of manufacture sale or use of article covered by

the order

32 MDL reserves the right to consider placement of Order Contract in part or in full against the

tendered quantity or item MDL reserves the right to place order on FOB or CIF basis

33 MDL shall not be bound by any printed conditions or provisions in the sellers bid forms or

acknowledgement of contract invoices packing list and any other documents which purport to

impose any conditions at variance with the tender terms final negotiated amp accepted terms

34 Bidders can participate in online bidding

a) By registering with above referred portal for User ID and password

b) By obtaining class III DSC (Digital Signature Certificate) for secured bidding

35 In case of improper on-line filling of Acceptance Formats for Tender Enquiry Form General

Terms amp Conditions (GTampC) and Standard Terms amp Conditions (STACS) it shall be

presumed that all our tender terms amp conditions are acceptable to you

36 In case of any clarifications bidders are requested to contact the undersigned before the closing

date of the tender Bidders can also contact toll-free customer help line of e-procurement portal

httpseprocuremdlnicin ASP on email id eproc-supportgovin Ph no 0120-4200462 0120-

4001002

Bidders intending to witness the Tender opening shall log on to httpseprocuremdlnicin

using digital signatures for witnessing the opening

GM(M)MTI2000007617Passivation Station

Page 25 of 45

37 We look forward to your participation in on-line bidding by offering your most competitive

and reasonable bid against this tender

Yours faithfully

For MAZAGON DOCK LIMITED

M Tanweer Iqbal

CM(C-MP)

Enclosure - 1 Instructions to the Bidders

Enclosure - 2 Illustrative format amp guideline for quoting prices in online Price Bid

Enclosure - 3 Standard Terms amp Conditions (STACS)

Enclosure - 4 General Terms amp Conditions (GTampC)

Enclosure - 5 Loading Factors

Enclosure - 6 Format of Letter of Credit

Enclosure 7 Bank Guarantee Format for EMD

Enclosure 8 Bank Guarantee Format for SD

Enclosure 9 Bank Guarantee Format for PBG

Enclosure - 10 MDL bank details for NEFTRTGS EMDSD transfer

Enclosure 11 Shipping Instruction for Sea amp Air Consignments

Note These Enclosuredocuments to be down loaded from our Website under below linkpath-

wwwmazagondockgovin gt Tenders gt Shipbuilding gt ldquoEnclosures Related to Tender Documents from Material

Purchase Deptrdquo

GM(M)MTI2000007617Passivation Station

Page 26 of 45

Enclosure ndash 1

Instructions to the Bidders for uploading the Techno-Commercial Bid and the Price Bid through E-

Procurement Portal

bullbullbullbull Official service provider for the website is NIC

E-mail eproc-supportgovin Office Ph No 0120-4200462 0120-4001002 Ph No +91-8826246593

bullbullbullbull Pre-requisites for up-loading the Techno-Commercial Bid

(i) Compatible computer hardware software set-up to access e-procure website

(ii) ldquoDigital Signature Certificaterdquo class III B (DSC) is a must for downloading the tender and uploading

the techno commercial offer from our website httpseprocuremdlnicin

(iii) ldquoDigital Signature Certificaterdquo class III B (DSC) can be obtained from our service provider

bullbullbullbull To ensure availability of above prerequisite is bidders responsibility

(i) It is mandatory to upload the complete techno-commercial offer and the price bid on e-

procurement

(ii) No part of the bid other than original EMD (if applicable) shall be accepted physically hard copy

outside e-procurement

(iii) Price bids shall strictly be uploaded in appropriate allotted place in the tender available in e-

procurement so that it remains secured encrypted unreadable in the system

(iv) In no circumstances the price bids shall be forwarded or uploaded in any other form

(v) Entire responsibility of the uploading of the complete techno-commercial bid along with the price

bid shall be that of the bidder

(vi) No request complaint shall be entertained after the due datetime of the tender

(vii) Non availability of any of the prerequisites or last minute calls seeking clarifications projecting

problems shall not entitle a bidder to seek request for extension of due date

(viii) Any problem with regard to uploading of the tender shall be intimated to NIC at least 24 hours in

advance to the tender closing time amp date However it will not be considered as reason for extension

of due date of the tender

(ix) Request for extension if at all to be made shall be forwarded at least 3 working days in advance to

the tender closing date time with proper reasoning The request shall be put up to the competent

authority for consideration on the merit of the case MDL reserves all rights in this regard amp decision

of MDL shall be binding to the applicant

It is important to note that the bidders can upload their bids right from the time the tender is available

at website It is advisable that the bidder uploads the bid well in time rather than wait till last minute

to avoid situations wherein he is unable to successfully upload the bid for various reasons which

cannot be addressed then due to lack of time

bullbullbullbull Special instructions to Bidders for online bidding

GM(M)MTI2000007617Passivation Station

Page 27 of 45

(i) Bidders should login well in advance to enable them to complete their bid submission before the

closing time of the tender

(ii) Bidders should submit their bid well in advance to avoid last minute frantic calls

(iii) Bidders should follow all the instructions enlisted on the front page of e-procure web page

(iv) Bidders should ensure Hardware amp Software compatibility as well as Digital Signature available on

front page of e-procure web site Request for extension of due date shall not be entertained due to

non-availability of these tools

bullbullbullbull Bidders to participate in on-line bidding

(i) By registering with above referred portal for User ID and password

(ii) By obtaining class III DSC (Digital Signature Certificate) for secured bidding

NOTE In case any vendor intending to respond against the tender and is not having the DSC to facilitate

uploading of his bid should approach the Service Provider at least 10 working days in advance of the tender

closing date requesting DSC The request so made to the Service Provider should simultaneously be

forwarded to MDL Dealing Officer In case the DSC is not received within 3 to 4 working days the GM (M)

be informed and the DSC if not received from the Service Provider three working days in advance for

suitable extension to tender closing date then only the tender due date shall be considered

GM(M)MTI2000007617Passivation Station

Page 28 of 45

Annexure-2

Illustrative format amp guideline for quoting prices in online Price Bid

Below format of price bid will appear online Indigenous bidders to follow instructions given in each respective

cell while quoting their cost in online price bid -

Item Sr no 1

Material Description As per clause No 1

Quantity As per clause No 1

Set Set

Currency INR USD EURO

For Indian Bidder Basic Unit Rate in INR only

For Foreign Bidder CIF Rate to be entered by the foreign

currency

To be quoted

of CGST+SGST or IGST on Basic rate To be quoted

Installation Commissioning Charges per Unit To be quoted

of CGST+SGST or IGST on Installation Commissioning

Charges To be quoted

Inspection Testing Charges per Unit To be quoted

of CGST+SGST or IGST on Inspection Testing Charges To be quoted

GM(M)MTI2000007617Passivation Station

Page 29 of 45

Enclosure-3

STANDARD TERMS AND CONDITIONS (STACS) 101 The word Purchaser refers to MAZAGON DOCK SHIPBUILDERS LIMITED (MDL) a Company

registered under the Indian Companies Act 1913 and it includes its successors or assignees

102 The word BidderVendorContractor means the person firm Company who undertakes to

manufacture and or supply and or undertake work of any nature assigned by the Purchaser from time to time

and includes its successors or assignees

103 The word Owner means the person or authority with whom MAZAGON DOCK SHIPBUILDERS

LIMITED (Purchaser) has contracted to carry out work in relation to which orders are placed by the

Purchaser on the BidderVendorContractor under this contract for supply or manufacture of certain items

and would include Department of Defence Production Ministry of Defence Government of India the Indian

Navy the Coast Guard and any other specified authority

120 GENERAL 121 Unless otherwise indicated specifically by the bidder contractor in his bid it shall be construed as his

acceptance of all the conditions mentioned in this STACS

200 COMMUNICATION amp LANGUAGE FOR DOCUMENTATION 201 Any letter facsimile message e-mail intimation or notice sent to the BidderVendorContractor at the

last known address mentioned in the offer order shall be deemed to be valid communication for the purpose

of the ordercontract Unless stated otherwise by the purchaser Language for communication amp all

documentation shall be same which the Purchaser has used in the tender enquiry

210 PURCHASERrsquoS PROPERTY 211 All property (such as materials drawings documents etc) issued by the Purchaser or any other

individual or firm on behalf of the Purchaser in connection with the contract shall remain confidential being

the property of the Purchaser and the BidderVendorContractor shall undertake to return all such property so

issued and will be responsible for any or all loss thereof and damage thereto resulting from whatever causes

and shall reimburse the Purchaser the full amount of loss and damage

212 On completion of work in any compartment location of the purchaserrsquos premises the

BidderSupplierContractor must ensure that the place is left in a reasonably clean state and all scrap is

transferred to nearby scrap-bins

220 RISK PURCHASE 221 If the equipment article service or any portion thereof be not delivered performed by the scheduled

delivery date period any stoppage or discontinuation of ordered supply awarded contract without written

consent by Purchaser or not meeting the required quality standards the Purchaser shall be at liberty without

prejudice to the right of the Purchaser to recover Liquidated Damages penalty as provided for in these

conditions or to any other remedy for breach of contract to terminate the contract either wholly or to the

extent of such default Amounts advanced or part thereof corresponding to the undelivered supply shall be

recoverable from the Contractor Bidder at the prevailing bank rate of interest

222 The Purchaser shall also be at liberty to purchase manufacture or supply from stock as it deems fit

other articles of the same or similar description to make good such default and or in the event of the contract

being terminated the balance of the articles of the remaining to be delivered there under Any excess over the

purchase price cost of manufacture or value of any articles supplied from the stock as the case may be over

the contract price shall be recoverable from the Bidder Vendor Contractor

230 RECOVERY ADJUSTMENT PROVISIONS 231 Payment made under one order shall not be assigned or adjusted to any other order except to the extent

agreed upon in writing by the Purchaser During the currency of the contract if any sum of money is payable

by the Bidder Vendor Contractor the same shall be deducted from any sum then due or thereafter may

become due to the Bidder Vendor Contractor under the contract or any other contract with the Purchaser

240 ADDITIONAL BANK GUARANTEE In case after opening of price bid of technically cleared firms it is noted that L-1 firm has quoted very low

rates and indicates to withdraw from the tender then EMD shall be forfeited and firm may be given tender

holiday including intimation to other PSUs If the rates quoted are less than MDL estimates by 40 or so and

if the difference in rate between L1 and L2 is 30 or more then the firm will have to give additional BG of

20 of the PO value as additional security Bank charges for this additional BG shall be borne by MDL and

reimbursed against proof of payment

250 INDEMNIFICATION 251 The Bidder Vendor Contractor his employees licencees agents or Sub-Vendor Sub-contractor

while on site of the Purchaser for the purpose of this contract indemnifies the Purchaser against direct

GM(M)MTI2000007617Passivation Station

Page 30 of 45

damage and or injury to the property and or the person of the Purchaser or that of Purchasers employees

agents Sub- Contractors Suppliers occurring and to the extent caused by the negligence of the Bidder

Vendor Contractor his employees licencees agents or Sub-contractor by making good such damages to the

property or compensating personal injury and the total liability for such damages or injury shall be as

mutually discussed and agreed to

260 TRANSFER OF VENDORS CONTRACTORrsquoS RIGHTS 261 The Bidder Vendor Contractor shall not either wholly or partly sell transfer assign or otherwise

dispose of the rights liabilities and obligations under the contract between him and the Purchaser without

prior consent of the Purchaser in writing

270 SUBCONTRACT amp RIGHT OF PURCHASER 271 The Bidder Vendor Contractor under no circumstances undertake or subcontract any work contract

from or to any other Sub-contractor without prior written approval of the Competent Authority of Purchaser

In the event it is found that such practice has been indulged in the contract is liable to be terminated without

notice and the Bidder Vendor Contractor is debarred all from future tender enquiries work orders

However in no circumstances a contractor is permitted to subcontract any part of the contract to the bidders

who had quoted for the concerned tender

280 PATENT RIGHTS 281 The Bidder Vendor Contractor shall hold harmless and keep the Purchaser indemnified against all

claims arising as a result of infringement of any patent copy rights on account of manufacture sale or use of

articles covered by the order

290 AGENTS AGENCY COMMISSION

291 The seller confirms and declares to the buyer that the seller is the original manufacturer or authorized

distributorstockiest of original manufacturer of the stores referred to in this contract and has not engaged any

individual or firm whether Indian or foreign whatsoever to intercede facilitate or in any way to

recommended to the Buyer or any of its functionaries whether officially or unofficially to the award of the

Contract Purchase order to the Seller nor has any amount been paid promised or intended to be paid to any

such individual or firm in respect of any such intercession facilitation or recommendation The Seller agrees

that if it is established at any time to the satisfaction of the Buyer that the present declaration is in any way

incorrect or if at a later stage it is discovered by the Buyer that the Seller has engaged any such

individualfirm and paid or intended to pay any amount gift reward fees commission or consideration to

such person party firm or institution whether before or after the signing of this Contract Purchase order

the Seller

will be liable to refund that amount to the Buyer

Tender no GM (M)GRA2000007246 Page 16 of 26

The seller will also be debarred from participation in any RFQTender for new projectsprogram with Buyer

for a minimum period of five years

The buyer will also have a right to consider cancellation of the Contract either wholly or in part without any

entitlement or compensation to the Seller who shall in such event be liable to refund all payments made by

the buyer in terms of the Contract along with interest at the rate of 2 per annum above LIBOR (London

Inter Bank Offer Rate) (for foreign vendors) and base rate of SBI plus 2 (for Indian Vendors)

The Buyer will also have the right to recover any such amount from any contracts concluded earlier with

Buyer

300 USE OF UNDUE INFLUENCE CORRUPT PRACTICES

301 The Bidder Supplier Contractor undertakes that he has not given offered or promised to give directly

or indirectly any gift consideration reward commission fees brokerage or inducement to any person in

service of the Purchaser or otherwise in procuring the contract or forbearing to do or for having done or

forborne to do any act in relation to the obtaining or execution of the Contract with the Purchaser for showing

or forbearing to show favour or disfavour to any person in relation to the Contract or any other Contract with

the Purchaser Any breach of the aforesaid undertaking by the Bidder Supplier Contractor or any one

employed by him or acting on his behalf (whether with or without the knowledge of the Bidder Supplier

Contractor) or the commission of any offence by the Bidder Supplier Contractor or any one employed by

him or acting on his behalf as defined in Chapter IX of the Indian Penal Code 1980 or the Prevention of

Corruption Act 1947 or any other Act enacted or the prevention of corruption shall entitle the Purchaser to

cancel the contract and all or any other contracts with the Bidder Contractor Supplier and recover from the

Bidder Supplier Contractor the amount of any loss arising from such cancellation Decision of the

Purchaser or his nominee to the effect that a breach of the undertaking has been committed shall be final and

binding on the Bidder Supplier Contractor

302 The Bidder Supplier Contractor shall not offer or agree to give any person in the employment of

GM(M)MTI2000007617Passivation Station

Page 31 of 45

Purchaser any gift or consideration of any kind as Inducement or reward for doing or forbearing to do or

for having done or forborne to do any act in relation to the obtaining or execution of the contracts Any

breach of the aforesaid condition by the Bidder Supplier Contractor or any one employed by them or

acting on their behalf (whether with or without the knowledge of the Bidder Supplier Contractor) or the

commission of any offence by the Bidder Supplier Contractor or by any one employed by them or acting

on their behalf which shall be punishable under the Indian Penal Code 1980 andor the Prevention of

Corruption by Public Servants shall entitle Purchaser to cancel the contracts and all or any other contracts

and then to recover from the Bidder Supplier Contractor the amounts of any loss arising from such

contracts cancellation including but not limited to imposition of penal damages forfeiture of Security

Deposit encashment of the Bank Guarantee and refund of the amounts paid by the Purchaser

303 In case it is found to the satisfaction of the Purchaser that the Bidder Supplier Contractor has

engaged an Agent or paid commission or influenced any person to obtain the contract as described in clauses

relating to Agents Agency Commission and use of undue Influence the Bidder Supplier Contractor on a

specific request of the Purchaser shall provide necessary information inspection of the relevant financial

document information

310 IMMUNITY OF GOVERNMENT OF INDIA CLAUSE 311 It is expressly understood and agreed by and between Ms (Bidder Supplier Contractor) and

MAZAGON DOCK SHIPBUILDERS LIMITED Dockyard Road Mumbai - 400 010 (MDL) is entering

into this Agreement solely on its own behalf and not on the behalf of any person or entity In particular it is

expressly understood and agreed that the Government of India is not a party to this Agreement and has no

liabilities obligations or rights hereunder It is expressly understood and agreed that MDL is an independent

legal entity with power and authority to enter into contracts solely in its own behalf under the applicable of

Laws of India and general principles of Contract Law The (Bidder Supplier Contractor) expressly agrees

acknowledges and understands that MDL is not an agent representative or delegate of the Government of

India It is further understood and agreed that the Government of India is not and shall not be liable for any

acts omissions and commissions breaches or other wrongs arising out of the contract Accordingly (Bidder

Supplier Contractor) hereby expressly waives releases and foregoes any and all actions or claims including

cross claims impleader claims or counter claims against the Government of India arising out of this contract

and covenants not to sue Government of India in any manner claim cause of action or thing whatsoever

arising of or under this Agreement

320 EXPORT LICENCE 321 The export licenses that may be required for delivery of the various itemsequipment to MDL shall be

arranged by the Bidder Supplier Contractor from the concerned authorities in their country without any

time amp cost implications on the Purchaser

330 BANNED OR DE-LISTED CONTRACTORS VENDORS 331 The Bidder Vendor Contractor declares that they being Proprietors Directors Partners have not

been any time individually or collectively blacklisted or banned or de-listed by any Government or quasi

Government agencies or PSUs If a bidderrsquos entities as stated above have been blacklisted or banned or delisted

by any Government or quasi Government agencies or PSUs this fact must be clearly stated and it may

not necessarily be a cause for disqualifying him

340 DUTY OF PERSONNEL OF SUPPLIERVENDOR 341 MDL being a Defence Organization Bidder Vendor Contractor undertakes that their personnel

deployed in connection with the entrusted work will not indulge in any activities other than the duties

assigned to them

350 DISPUTE RESOLUTION MECHANISM AND ARBITRATION

351 DISPUTE RESOLUTION MECHANISM (DRM) i) Any disputedifferences between the parties arising out of and in connection with the contract shall be

settled amicably by mutual negotiations

ii) In case of non-settlement by (i) above if at any time before during or after the contract period any

unsettled claim dispute or difference arose between the parties upon or in relation to or in connection with

or in any way touching or concerning this tenderagreementordercontract the same shall be referred to the

concerned Functional Director

The Functional Director shall then nominate an Executive of the rank of General Manager whom he thinks fit

and competent or a Committee of Executives whowhich shall then scrutinise the claimsdisputes that have

been referred to the concerned functional Director and make efforts for amicable settlements by mutual

discussionsnegotiations

iii) In case no amicable settlement is arrived by (ii) above within a period of three months then the contractor

shall approach Public Grievance Cell and address the disputes as per the provisions made under the relevant

GM(M)MTI2000007617Passivation Station

Page 32 of 45

clause of the contract

iv) In case the issuesdisputes do not get settled within a period of six months from the date of

submission of the dispute to the Grievance Cell then the contractor may invoke Arbitration Clause of the

contract

352 ARBITRATION Unresolved disputesdifferences if any shall then be settled by arbitration The

Arbitration proceedings shall be conducted at Mumbai India in English Language under the Arbitration amp

Conciliation Act 1996

MDL prefers to have arbitration through Institutes such as Indian Council of Arbitration (ICA)ICA-DR with

the mutual consent of the parties

353 In case of unresolved differencedispute between the Purchaser and Supplier being Central Public

Sector EnterprisesCentral Govt departments the disputes shall be resolved firstly through mutual discussion

or through the empowered agencies of the Govt or through arbitration by reference by either party to the

department of Public Enterprises as per extant guidelines If disputesdifferences remain

unresolvedunexecuted the same shall be referred first to the Cabinet Secretariat and then if necessary to the

PMO

354 Any changes to arbitration clause must be vetted by HOD (Legal) before incorporation in

contractPO

360 JURISDICTION OF COURTS 361 All contracts shall be deemed to have been wholly made in Mumbai and all claims there under are

payable in Mumbai City and it is the distinct condition of the order that no suit or action for the purpose of

enforcing any claim in respect of the order shall be instituted in any Court other than that situated in Mumbai

City Maharashtra State India ie courts in Mumbai shall alone have jurisdiction to decide upon any dispute

arising out of or in respect of the contract

-----------------------

GM(M)MTI2000007617Passivation Station

Page 33 of 45

Enclosure-4

GENERAL TERMS amp CONDITIONS (GTampC)

A10 Blank

A20 SECURITY DEPOSIT A21 The successful bidder shall submit a Security Deposit 5 of the contract order value (excluding

taxes duties freight service component) of the Order in the form of Demand Draft Bank Guarantee in the

prescribed format in favour of Purchaser within 25 days from date of Contract The Security Deposit will be

returned only after the successful execution of the order contract Refund of Security Deposit whenever

considered admissible by the Purchaser shall be without interest only

A30 FORFEITURE OF EMD BID BOND A31 In cases of withdrawal of bid during validity period or during any extension granted thereof non

acceptance of agreed conditions of Technical and or Commercial and or Price Negotiations non-submission

of the security deposit and or non-acceptance of the order the EMD or bid security will be forfeited or

encashed as the case may be

A40 FORFEITURE OF SECURITY DEPOSIT A41 Non-performance of agreed terms and or defaultbreach by BidderVendorContractor will result in

forfeiture of security deposit with application of risk purchase provisions as felt appropriate by the Purchaser

A50 FORFEITURE OF PERFORMANCE GUARANTEE A51 In the event of BidderVendorContractor failure to attend the Guarantee defects within a reasonable

period of time the Performance Bank Guarantee will be encashed by the Purchaser The Purchaserrsquos decision

shall be final and binding on BidderVendorContractor

A60 SUPPLIES A61 The equipment products items Services to be supplied shall be strictly in accordance with the

Drawings Specifications Requirements indicated in the Tender Enquiry Order with deviations if any as

mutually accepted

A70 PROGRESS REPORTING amp MONITORING A71 Where so stipulated in the order the Bidder Supplier Contractor shall render such reports from time

to time as regards the progress of the contract and in such a form as may be called for by the Purchaser

A80 CANCELLATION OF ORDER A81The Purchaser reserves the right to cancel an order forthwith without any financial implications on either

side if on completion of 50 of the scheduled deliveryCompletion period the progress of

manufactureSupply is not to the satisfaction of Purchaser and failure on the part of the

BidderVendorContractor to comply with the delivery schedule is inevitable In such an event the

BidderVendorContractor shall repay all the advances together with interest at prevailing bank rates from the

date of receipt of such advances till date of repayment The title of any property delivered to Purchaser will

be reverted to the BidderVendorContractor at his cost

A82 In case of breach non-compliance of any of the agreed terms amp conditions of order contract MDL

reserves the right to recover consequential damages from the vendor contractor on account of such

premature termination of contract

A83 In case of delay beyond agreed period for liquidated damages or 10weeks from contractual delivery

period whichever is earlier MDL reserves the right to cancel the order and procure the order items services

from any available source at MDLrsquos option amp discretion and entirely at your risk and cost Extra expenditure

incurred by MDL in doing will be recoverable from Bidder Supplier Contractor

A90 PRESERVATION AND MAINTENANCE

A91 Should any material require any preservation till its final installationfitment the detailed procedure

(Long term amp short term) for the same as also the time of interval after which the state of preservation needs

to be reviewed is to be stated by the BidderVendorContractor

A92 Further the de-preservation prior to the materialequipment being commissioned and the maintenance

procedure together with its periodicity is also to be indicated by the Bidder Vendor Contractor

A93 The Bidder Vendor Contractor in their offer must confirm that indigenous oil lubricants and

preservatives etc can be used in the equipment The bidder must also give assurance that the equipment

performance will not be downgraded by use of indigenous equivalents

A100 FREIGHT amp INSURANCE

A101 For Indigenous Bidders In cases where the offers are for Door Delivery to Purchaser transit freight

amp Insurance charges shall be borne by the Bidder Supplier Contractor In other agreed cases of Ex-works

Ex-Transporters warehouse or Railway godown offers the Bidder Supplier Contractor on dispatch shall

give details of materials with dispatch particulars and their value in time to Purchasers Insurance Company

GM(M)MTI2000007617Passivation Station

Page 34 of 45

on the contact details as provided in the order In such agreed cases the freight amp insurance charges will be

paid by the purchaser directly to the parties concerned

A102 For Foreign Bidders For overseas supplies on CIF port of dispatch basis Transit Insurance shall be

arranged by the Purchaser The Bidder Supplier Contractor shall immediately on despatch of the

items inform all relevant details of despatch such as Order number Bill of LadingAWB number

marked as Freight Paid Insurance policydocument number of packages value of consignment

invoice number in time directly to Purchasers Insurance company amp Purchaser on the contact details

as provided in the order In case of delivery term other than CIFCIP the freight amp insurance charges

will be paid by the purchaser directly to the parties concerned

A110 TAXES amp DUTIES STATUTORY LEVIES A111 Taxes and duties applicable if any shall be regularized by MDL by issuing necessary exemption

certificates in respect of procurement for Defence Projects Bidder shall indicate separately the GST and

duties applicable in their offer When the items qualify for exemption partlyfully but the supplier did not

avail of the same the amount of taxes and duties on such supplies shall be to supplierrsquos account In cases

where exemption certificates are not issued for any reason taxes shall be paid as indicated in the Purchase

OrderContract Tax deduction at source will be effected wherever applicable (eg TDS under Income tax

Act TDS on Works Contract under GST Act etc) from the bills of the Supplier as per statutes Similarly

where payment of Custom duty is agreed to and stipulated in the Purchase Order Contract the same will be

paid by the Purchaser on receipt of supplierrsquos bills along with Custom Certified Duty Paid Challan-Money

Receipt in original or carbon copy as relevant These Challans Receipts Bill of Entry are to be drawn issued

in the name of lsquoMAZAGON DOCK SHIPBUILDERS LIMITEDrsquo only Where payment of GST is agreed to

and stipulated in the Purchase Order Contract the same will be paid by the Purchaser on the basis of

Suppliers TAX INVOICE wherein the GST Number along with HSN SAC code is indicated in the Invoice

A120 DEMURRAGE A121 Storage and Demurrage charges will be payable by the Bidder Vendor Contractor for all shipments

that reach purchaser without proper dispatch documentations Lorry Receipts not accompanied by packing

lists invoices etc The Supplier shall be responsible for fines due to errors or omissions in description weight

or measurements and for increased handling charges due to improper packing

A130 INSPECTION TESTING A131The ordered items will be inspected either by Classification Society Nominated Agency and or by

Inspection Officer nominated by Purchaser at stages defined in the tender Purchase Order or as agreed to be

defined subsequently in terms of the Purchase Order

A132 The decision of the Inspecting Authority or their representatives as the case may be on any question

of the intent meaning and the scope of Specifications Standards shall be final conclusive and binding on

the Bidder Vendor Contractor

A133 The Bidder Vendor Contractor shall accord all facilities to Purchasers Inspectors Nominated

Agency to carry out Inspection Testing during course of manufacture final testing

A140 RECEIPT INSPECTION BY MDL A141 MDL shall carry out necessary inspection of the items on receipt on the basis of an appropriate quality

assurance system and inspection system requirements along with representative of the Owner Any objection

raised by MDL Quality Control Team against quality of materials or workmanship shall be satisfactorily

corrected by the Contractor at his expense including replacement as may be required within shortest possible

time within 30 days Items damaged during transit shall also be rectified replaced by the Contractor within

shortest possible time payment for which shall be made at mutually agreed rates

A150 REJECTION OF MATERIALS A151 Should the articles or any portion thereof of the equipment be found defective rejected the Bidder

Vendor Contractor shall collect the same from the Purchasers Stores all incidental charges being borne by

him (inclusive of Custom duty if payable) within 30 days from the date of intimation to the Bidder Vendor

Contractor of such rejection The Purchaser reserves the right to dispose off the rejected items at the end of

a total period of 90 days in any manner to the best advantage to the Purchaser and recover storage charges

and any consequential damages from sale proceeds of such disposal

A160 TECHNOLOGICAL DEVELOPMENTS MODIFICATIONS

A161 The Bidder Supplier Contractor shall unconditionally and free of cost to the Purchaser transfer

information on technological developments innovations modifications which the BidderSupplier

Contractor would evolve in future (within 3 years) in relation to the supplied equipment To enable this the

Purchasers address shall be added to the Bidder Supplier Contractorrsquos mailing list or database or any other

document maintained for dissemination of product information and the Purchaser shall be informed of the

GM(M)MTI2000007617Passivation Station

Page 35 of 45

action taken in this regard If such improvements modifications are brought in by the Bidder Supplier

Contractorrsquos Design Department in the course of manufacture of equipment ordered by the Purchaser the

Bidder Supplier Contractor shall incorporate such improved versions in the equipment without any extra

cost to the Purchaser under Purchaserrsquos prior consent

A162 If the Purchaser be desirous of getting incorporated all post supply modifications improvements

arising out of technological developments to the original equipment supplied by the Bidder Supplier

Contractor the Bidder Supplier Contractor shall quote for and carry out all such modifications to the

equipment

A163 Where the whole or a portion of the equipment has been specifically developed by the Bidder

Supplier Contractor for the Owner and the latter would through the Purchaser be bearing the entire or part

of the development cost incurred by the Bidder Supplier Contractor the design rights for the whole or

portion thereof of the equipment as appropriate shall vest in the Owners

A164 Prior approval of the Owner should be obtained before similar articles are sold supplied to any other

party other than the Owner If such approval is given and sale is effected the Bidder Supplier Contractor

shall pay to the Owner royalty at the rate mutually agreed to

A165 The Sub-contractor Supplier Supplier shall continue to support the equipment for a minimum period

of 20 years from the date of supply by making available spare parts and assemblies of the equipment

supplied Should the Sub-contractor Supplier Supplier decides to discontinue the product for any reason

whatsoever adequate notice shall be given to the Purchaser Owner to enable procurement of the requisite

lifetime spares

A170 PURCHASERrsquoS RIGHT TO ACCEPT ANY BID PART OF BID AND TO REJECT ANY OR

ALL BIDS A171 The Purchaser reserves the right to accept and or reject any or all tenders and or to withdraw the tender

in Toto and or award the contract order in full or part to more than one vendor contractor without

assigning any reason whatsoever and without thereby incurring any liability to the affected Bidder or Bidders

or any obligations to inform the affected Bidder or Bidders of the grounds for MDL action

A180 BANK GUARANTEE INSURANCE COVER FOR FREE ISSUE MATERIAL A181 The Bidder Supplier Contractor shall furnish Bank Guarantee insurance Cover equivalent to the

value of materials supplied by MDL free of cost valid up to the execution of the contract delivery of

material inspected accepted and receipt at MDL together with the material reconciliation statement

whichever is later

A190 BIDDERrsquoS RESPONSE IN CASE OF NO PARTICIPATION A191 The Sub-contractor Supplier Vendor shall inform the Purchaser in advance in case he is unable to

participate in the tender for whatsoever reason Failure to comply with this will be viewed seriously and

consecutive three failures on the part of Sub-contractor Supplier Vendor to do so is liable for

disqualification debarring of the Sub-contractor Supplier Vendor from all future tender enquiries and or

delisting from the list of Approved Registered Vendors

A230 PREFERENCETIAL PURCHASE FROM MSE VENDORS ndash Not Applicable MDL has right to place order on MSE firm meeting following criteria

In tenders if participating MSEs quoted prices are within price band of L1+15 such MSEs shall also be

allowed to supply a portion up to 20 of requirement by bringing down their prices to L1 price where L1 is

non MSEs If more than 1 MSEs fall under such criteria then this 20 shall be distributed proportionally

This preference shall not be applicable where MSE firm is L1 firm out of 20 percent target of annual

procurement from Micro and Small Enterprises a sub-target of 20 percent (ie 4 percent out of 20 percent)

shall be earmarked for procurement from Micro and Small Enterprises owned by the Scheduled Caste or the

Scheduled Tribe Entrepreneurs In respect of items reserved for MSE extant guidelines shall be followed

Presently Circular No SO 581(E) dated 23032012 is applicable

GM(M)MTI2000007617Passivation Station

Page 36 of 45

Annexure-5

LOADING FACTORS A

Sr

No

Description Foreign Supplier

100 import content

Indigenous

Supplier with part

Import content

Indigenous

Supplier without

Import content

1 Basic Price Quoted

CIF

a a Ex Works

b b Delivered to

MDL Stores

a Ex Works

b Delivered to

MDL Stores

2 Add Insurance Charges Nil In case of 1 (a) In case of 1 (a)

3 Add Sea Air Freight charges

Inland Road Transport Nil In case of 1 (a) In case of 1 (a)

4

Customs Clearance Port

Handling Transportation to

Yard

Applicable NIL NIL

5

Cost (ex-MDL) excluding taxes

amp duties without loading

towards any deviations

CIF price +

SrNo4 Sr Nos (1+2+3) Sr Nos (1+2+3)

B LOADINGS DUE TO VARIATIONS IN FINANCIAL TERM

6 Variation in payment Terms

Varied payment terms quoted by bidders as compared to the terms stated

in the tender document shall be normalized on the amount(s) at variation

and or for the period (in no of days) at variation by adopting the Prime

Lending Rate of State Bank India plus 2 thereon incase of indigenous

bidders and LIBOR EURIBOR rates in case of foreign bidders

7

Income tax amp Service Tax on

Technical Services Service

Engineers liability to MDL

Normalization shall be done in respect of the amount of tax that have to

be borne by the Company

8 Production norms such as

scrap output ndash input ratio

9 Base date for price variation

clause

1

0

Cost (ex-MDL) excluding taxes

amp duties after loading for

variations in financial term

(SR Nos 5 + 6 + 7 + 8 + 9)

C LOADING ON ACCOUNT OF DEVIATIONS IN FOLLOWING COMMERCIAL TERMS

11

Security Deposit Contract

Performance Guarantee Mandatory

12

Equipment Performance

Guarantee Mandatory

13

Additional delivery period

sought over stipulated period as

per Tender

For the additional period sought by the bidder over the stipulated date of

delivery as per tender 050 per week for delayed period will be loaded

to the quoted price if the period under variation does not lead to bid

rejection criteria 14 Additional time sought for

supplying binding data

15 Liquidated damages per week

rate Maximum Ceiling

If bidder seeks less than 5 (Max ceiling) then the difference will be

loaded

The rate of LD per week or part thereof is 05 If bidder seeks say 04

per week or part thereof then Max Ceiling of LD will be equated to

weeks (Say 10 weeks) then LD proposed by bidder works out to 10 X 04

= 4 then 1 will be loaded

16 Warranty Guarantee

Deviations in respect of the period of Warranty shall be loaded to the

quoted price 025 per month or part thereof This does not arise if

the bidder quotes additional price for the differential period

GM(M)MTI2000007617Passivation Station

Page 37 of 45

17

Cost (Ex-MDL) excluding taxes

amp duties after loading for

variations on account of

financial and commercial terms

Sr Nos 10 + 11 + 12 + 13 + 14 + 15 + 16

D LANDED COST

18

Taxes amp Duties

19

Landed Cost Sr Nos 17 + 18

GM(M)MTI2000007617Passivation Station

Page 38 of 45

Annexure-6

LETTER OF CREDIT FORMAT FOR SHIPMENT BY SEA AIR

40A Form of Documentary Credit Type IRREVOCABLE

20 Transaction Reference Number Documentary

Credit Number

31C Date of Issue Date

31D Date and Place of Expiry Date

Place NEGOTIATING BANK

51A Applicant Bank BIC BANKERS OF MDLMUMBAI

50 Applicant Name amp Address MAZAGON DOCK SHIPBUILDERS LTD

DOCKYARD ROAD MAZAGON MUMBAI ndash

400 010

59 Beneficiary Name amp Address

32B Currency Code Amount

Currency

Amount

39A Percentage Credit Amount Tolerance

Tolerance 1

Tolerance 2

41D Available with hellipByhellip Name amp Address

42C Draft at hellip Narrative SIGHTNEGOTIATION

42D Drawee Name amp Address BANKERS OF MDLMUMBAI

43P Partial Shipments Narrative ALLOWEDNOT ALLOWED

43T Transhipment Narrative ALLOWEDNOT ALLOWED

44A Loading on Board Dispatch Narrative AIRPORT SEAPORT (AS PER TENDER

ENQUIRYORDER)

44B For Transportation to Narrative AIRPORT SEAPORT (AS PER TENDER

ENQUIRYORDER)

44C Latest Date of Shipment Date

46A Documents required Narrative (AS PER TENDER ENQUIRY)

47A Additional conditions Narrative 1 ALL DOCUMENTS SHOULD BE MARKED

WITH IEC CODE NO0388070412 LC NO

AND DATE AND IMPORT UNDER NON-

NEGATIVE LIST OF IMPORT EXPORT

POLICY AM

2 DISCREPANT DOCUMENTS TO BE SENT

STRICTLY ON COLLECTION BASIS

71B Details of charges Narrative ALL FOREIGN BANK CHARGES OUTSIDE

INDIA ARE FOR THE BENEFICIARYrsquoS

ACCOUNT

48 Period for presentation

Narrative

WITHIN ----- DAYS FROM THE DATE OF

BILL OF LADING AIRWAY BILL 49 Confirmation instructions

Instruction

WITHOUT

53D Reimbursing Bank

Name amp Address

BANKERS OF MDL WILL SPECIFY

78 Instructions to the Paying Accepting Bank

Narrative

BANKERS OF MDL WILL SPECIFY 72 Sender to Receiver Information

Narrative

BANKERS OF MDL WILL SPECIFY

GM(M)MTI2000007617Passivation Station

Page 39 of 45

Enclosure-7

PROFORMA BANK GUARANTEE FOR BID BOND EMD

(On Non-Judicial stamp paper of value Rs 500-)

IN CONSIDERATION OF MAZAGON DOCK SHIPBUILDERS LIMTED a company incorporated under the Companies Act 1956 and having its registered office at Dockyard Road Mumbai 400010 (hereinafter referred to as

the ldquothe Companyrdquo which expression shall unless it be repugnant or contrary to the subject or context thereof be

deemed to mean and include its successors and assigns) having agreed to accept the Earnest Money Deposit (EMD)

of Rs--------------------------- -------(Rupees-----------------------------only) in the form of Bank Guarantee from Messers

a partnership firmsole proprietor businessa company registered under the Companies Act 1956

having its office at (hereinafter called the tenderer which expression shall unless it be

repugnant or contrary to the subject or context thereof be deemed to mean and include its successors and assigns) for

participating in the Tender nodated (hereinafter called the tender which expression

shall include any amendmentsalterations to the tender issued by the Company) for the supply delivery at site

installation and commissioning of certain equipment itemservicescivil works etc We

Bank having office at (hereinafter referred to as ldquothe Bankrdquo which

expression shall includes its successors and assigns) hereby agree to pay to the Company without any demur on first

demand an amount not exceeding Rs (Rupeesonly) against any loss or damage costs charges and expenses caused to or suffered by the Company by reason of non performance and non-fulfilment or for

any breach on the part of the tenderer of any of the terms and conditions of the said tender

2 We Bank further agree that the Company shall be sole judge whether the said tenderer has

failed to perform or fulfil the said tender in terms thereof or committed breach of any terms and conditions of the

tender the extent of loss damage cost charges and expenses suffered or incurred or would be suffered or incurred by

the Company on account thereof and we waive in the favour of the Company all the rights and defences to which we

as guarantors may be entitled to

3 We Bank further agree that the amount demanded by the Company as such shall be final and

binding on the Bank as to the Bank s liability to pay and the amount demanded and the Bank undertake to pay the

Company the amount so demanded on first demand and without any demur notwithstanding any dispute raised by the

tenderer or any suit or other legal proceedings including arbitration pending before any court tribunal or arbitrator

relating thereto our liability under this guarantee being absolute and unconditional

4 We Bank further agree with the Company that the Company shall have the fullest liberty

without our consent and without affecting in any manner our obligations hereunder to vary any of the terms and

conditions of the said tenderor to extend time of performance by the tenderer from time to time or to postpone for

any time to time any of the powers exercisable by the Company against the tenderer and to forbear to enforce any of

the terms and conditions relating to the tender and we shall not be relieved from our liability by reason of any such

variation or extension being granted to the tenderer or for any forbearance act or omission on the part of the

Company or any indulgence by the Company to the tenderer or by any such matter or things whatsoever which under

the law relating to sureties would have the effect of relieving us

5 We Bank further undertake not to revoke this guarantee during its currency except with

the previous consent of the Company in writing

6 We Bank also agree that the Bankrsquos liability under this guarantee shall not be affected

by any change in the constitution of the tenderer or dissolution or winding up of the business of the tenderer

7 Notwithstanding anything contained herein above

i) Our liability under this guarantee shall not exceed Rs

ii) This Bank Guarantee shall be valid upto and including and

iii) We are liable to pay the guarantee amount or any part thereof under this Bank Guarantee only and only if you

serve upon us a written claim or demand on or before helliphelliphellip (validity + --- weeks from the date of expiry of this

guarantee)

8 This Guarantee shall be governed by Indian laws and the Courts at Mumbai India shall have the exclusive

jurisdiction

GM(M)MTI2000007617Passivation Station

Page 40 of 45

IN WITNESS WHEREOF the Bank has executed this document on this day

of

For Bank

(by its constituted attorney

or the person authorized to sign)

(Signature of a person authorized

to sign on behalf of the Bank)

GM(M)MTI2000007617Passivation Station

Page 41 of 45

Enclosure-8

PROFORMA BANK GUARANTEE FOR SECURITY DEPOSIT (ILLUSTRATIVE FORMAT)

(On Non-Judicial stamp paper of value Rs 500)

IN CONSIDERATION OF MAZAGON DOCK SHIPBUILDERS LIMTED a company incorporated under the

Companies Act 1956 and having its registered office at Dockyard Road Mumbai 400010 (hereinafter referred to as

the ldquothe Purchaserrdquo which expression shall unless it be repugnant or contrary to the subject or context thereof be

deemed to mean and include its successors and assigns) having placed an order on Messers

a partnership firmsole proprietor businessa company registered under the Companies Act 1956

having its office at (hereinafter called the Contractor Supplier which expression shall unless it

be repugnant or contrary to the subject or context thereof be deemed to mean and include its successors and assigns)

vide order No dated (hereinafter called the order which expression shall include any

amendmentsalterations to the order issued by the Purchaser) for the supply delivery at site installation and

commissioning of certain equipment itemservicescivil works etc as stated in the said Order and the Purchaser

having agreed with the ContractorSupplier to accept a Bank Guarantee in lieu of Security Deposit payable under the

said order for the fulfilment and performance of the said order We Bank having

office at (hereinafter referred to as the Bank which expression shall includes its

successors and assigns) hereby agree to pay to the Purchaser without any demur on first demand an amount not

exceeding Rs (Rupeesonly) being 5 of the order value against any loss or damage costs

charges and expenses caused to or suffered by the Purchaser by reason of non performance and non-fulfilment or for

any breach on the part of the Contractor Supplier of any of the terms and conditions of the said order

2 We Bank further agree that the Purchaser shall be sole judge whether the said

contractorSupplier has failed to perform or fulfil the said order in terms thereof or committed breach of any terms

and conditions of the order and the extent of loss damage cost charges and expenses suffered or incurred or would

be suffered or incurred by the Purchaser on account thereof and we waive in the favour

of the Purchaser all the rights and defences to which we as guarantors may be entitled to

3 We Bank further agree that the amount demanded by the Purchaser as such shall be final and

binding on the Bank as to the Bank s liability to pay and the amount demanded and the Bank undertake to pay the

Purchaser the amount so demanded on first demand and without any demur notwithstanding any dispute raised by the

ContractorSupplier or any suit or other legal proceedings including arbitration pending before any court tribunal or

arbitrator relating thereto our liability under this guarantee being absolute and unconditional

4 We Bank further agree with the Purchaser that the Purchaser shall have the fullest liberty

without our consent and without affecting in any manner our obligations hereunder to vary any of the terms and

conditions of the said orderor to extend time of performance by the Supplier from time to time or to

postpone for any time to time any of the powers exercisable by the Purchaser against the Contractor Supplier and to

forbear to enforce any of the terms and conditions relating to the order and we shall not be relieved from our liability

by reason of any such variation or extension being granted to the Contractor Supplier or for any forbearance act or

omission on the part of the Purchaser or any indulgence by the

Purchaser to the ContractorSupplier or by any such matter or things whatsoever which under the law relating to

sureties would have the effect of relieving us

5 We Bank further undertake not to revoke this guarantee during its currency except with

the previous consent of the Purchaser in writing

6 We Bank also agree that the Bankrsquos liability under this guarantee shall not be affected

by any change in the constitution of the Contractor Supplier or dissolution or winding up of the business of the

contractor supplier

7 Notwithstanding anything contained herein above

i) Our liability under this guarantee shall not exceed Rs

ii) This Bank Guarantee shall be valid upto and including and

GM(M)MTI2000007617Passivation Station

Page 42 of 45

iii) We are liable to pay the guarantee amount or any part thereof under this Bank Guarantee only and only if you

serve upon us a written claim or demand on or before helliphelliphelliphellip(validity + ---weeks from the date of expiry of this

guarantee)

8 This Guarantee shall be governed by Indian laws and the Courts at Mumbai India

shall have the exclusive jurisdiction

IN WITNESS WHEREOF the Bank has executed this document on

this day of

For Bank

(by its constituted attorney)

(Signature of a person authorised

to sign on behalf of the Bank)

GM(M)MTI2000007617Passivation Station

Page 43 of 45

Enclosure-9

PROFORMA BANK GUARANTEE FOR PERFORMANCE (ILLUSTRATIVE FORMAT)

(On Non-Judicial stamp paper of value Rs 500-)

IN CONSIDERATION OF MAZAGON DOCK SHIPBUILDERS LIMTED a company incorporated under the

Companies Act 1956 and having its registered office at Dockyard Road Mumbai 400010 (hereinafter referred to as

the ldquothe Purchaserrdquo which expression shall unless it be repugnant or contrary to the subject or context thereof be

deemed to mean and include its successors and assigns) having placed an order on Messers a

partnership firmsole proprietor businessa company registered under the Companies Act 1956 having its Registered

office at (hereinafter called the Contractor Supplier which expression shall unless it be

repugnant or contrary to the subject or context thereof be deemed to mean and include its successors and assigns)

vide order No dated (hereinafter called the order which expression shall include any

amendmentsalterations to the order issued by the Purchaser) for the supply delivery at site installation and

commissioning of certain equipment itemservicescivil works etc as stated in the said Order and the Purchaser

having agreed that the Contractor Supplier shall furnish a security for the performance of the Contractorrsquos

Suppliers obligations andor discharge of the Contractorrsquos Suppliers liability in connection with the said order and

the Purchaser having agreed with the ContractorSupplier to accept a performance guarantee We

Bank having office at (hereinafter referred to as the

Bank which expression shall includes its successors and assigns) hereby agree to pay to the Purchaser without any

demur on first demand an amount not exceeding Rs (Rupeesonly) being 10 of the order

value against any loss or damage costs charges and expenses caused to or suffered by the Purchaser by reason of

non-performance and non-fulfilment or for any breach on the part of the Contractor Supplier of any of the terms and

conditions of the said order

2 We Bank further agree that the Purchaser shall be sole judge whether the said

ContractorSupplier has failed to perform or fulfil the said order in terms thereof or committed breach of any terms

and conditions of the order and the extent of loss damage cost charges and expenses suffered or incurred or would

be suffered or incurred by the Purchaser on account thereof and we waive in the favour of

the Purchaser all the rights and defences to which we as guarantors may be entitled to

3 We Bank further agree that the amount demanded by the Purchaser as such shall be final and

binding on the Bank as to the Bank s liability to pay and the amount demanded and the Bank undertake to pay the

Purchaser the amount so demanded on first demand and without any demur otwithstanding any dispute raised by the

ContractorSupplier or any suit or other legal proceedings including arbitration pending before any court tribunal or

arbitrator relating thereto our liability under this guarantee being absolute and unconditional

4 We Bank further agree with the Purchaser that the Purchaser shall have the fullest liberty

without our consent and without affecting in any manner our obligations hereunder to vary any of the terms and

conditions of the said orderor to extend time of performance by the Supplier from time to time or to postpone for

any time to time any of the powers exercisable by the Purchaser against the Contractor

Supplier and to forbear to enforce any of the terms and conditions relating to the order and we shall not be relieved

from our liability by reason of any such variation or extension being granted to the Contractor Supplier or for any

forbearance act or omission on the part of the Purchaser or any indulgence by the Purchaser to the

ContractorSupplier or by any such matter or things whatsoever which under the law

relating to sureties would have the effect of relieving us

5 We Bank further undertake not to revoke this guarantee during its currency except with

the previous consent of the Purchaser in writing

6 We Bank also agree that the Bankrsquos liability under this guarantee shall not be affected

by any change in the constitution of the Contractor Supplier or

dissolutionhelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

7 Notwithstanding anything contained herein above

i) Our liability under this guarantee shall not exceed Rs

ii) This Bank Guarantee shall be valid upto and including and

GM(M)MTI2000007617Passivation Station

Page 44 of 45

iii) We are liable to pay the guarantee amount or any part thereof under this Bank Guarantee only and only if you

serve upon us a written claim or demand on or before helliphelliphellip (validity + ---weeks from the date of expiry of this

guarantee)

8 This Guarantee shall be governed by Indian laws and the Courts at Mumbai India shall have the exclusive

jurisdiction

IN WITNESS WHEREOF the Bank has executed this document on

this day of

For Bank

(by its constituted attorney)

(Signature of a person authorised

to sign on behalf of the Bank)

GM(M)MTI2000007617Passivation Station

Page 45 of 45

Enclosure-10

Electronic Payment Mandate Form

(MDL Bank details)

Name of the CompanyFirm Mazagon Dock Shipbuilders Limited

Address with Phone no Dockyard Road Mumbai ndash 400010

E-Mail ID

Phone No +91 22 23745310

Fax No

Particulars of Bank Account

Name of the Bank State Bank of India

Name of the Branch Mazagon Dock Mumbai Branch

Branch Code 9054

Bank IFSC NEFT Code SBIN0009054

Bank Address MBPT Workshop building NV Nakhwa Road Mazagon - 400010

City Name Mumbai

Telephone No of Bank +91 22 23752802

9 digit code no of bank amp branch

appearing on the MICR cheque

issued by your bank

400002120

Type of Account Current Account

Account No 10005255246

Income Tax PAN No AAACM8029J

Page 16: Final Tender - Mazagon Dock Shipbuilders...DIVISION-SHIP BUILDING DEPARTMENT-MATERIAL PROCUREMENT Tender no.: GM(M)/MTI/2000007617 for the Engineering, Manufacturing, Supply/Installation,

GM(M)MTI2000007617Passivation Station

Page 16 of 45

1311 The rate sheet enclosed with the tender will indicate the rates to be entered under

each head wherever applicable Bidder must clearly mention the applicable taxes

amp duties The item-wise rates (ie Basic + PampF + FampI) quoted in the rate sheet

should exclude taxes amp duties Bidder should indicate GST rates as applicable

separately under each of the head in the same rate sheet which will be paid extra

based on tax invoice to the extent applicable The GST will be applicable on total

basic rate of each item (ie Basic +PampF +FampI)

1312 If the vendor changes his registration status from composition dealer to normal

registered dealer under GST Law the vendor has to inform MDL immediately

Further his contract price under GST needs to be negotiated since as a normal

dealer he will have benefit of ITC which he should pass on to MDL

1313 Bid Evaluation Clause - I) As per GST Law ITC is not available

a) For goods and services which are not in furtherance of business

b) In some cases for eg rent a car life insurance work contract services for

immovable property as mentioned under section 17 of GST Act 2017 In such cases

evaluation of bid is inclusive of GST quote by bidder

II) In all other cases ie goods and services not covered under sr no I above

evaluation of bid is exclusive of GST quoted by bidder

III) Further in the case of composition dealer since composition dealer is not

allowed to charge GST in such case evaluation of bid will be on the price quoted by

bidder

1314 For Overseas Bidder All taxes applicable outside India shall be borne by overseas

bidder

a In case of foreign bidders all taxes duties statutory levies and charges which

are to be paid for the delivery of goods amp services shall be paid by the parties

under the present contract in their respective countries MDL shall bear and pay

all taxes duties and statutory levies in India in connection with the execution

andor performance of this contract wrt deliverables delivered and service

rendered as per contract excluding income tax applicable on service charges

b Foreign bidder shall submit tax residency certificate (TRC) in Part ndashI offer In

case of remittances to foreign companies for services as per income tax act and

DTAA provisions TDS shall be carried out from the amount payable towards

services As per the extant applicability and existing rates following cases

pertaining to TDS are presented for clarity

i Case 1 (TRC is made available by foreign bidders) Tax deduction at

source (TDS) 15 of total service payment is applicable If this is

not agreed to by the bidder in the bid or during TNCCNC then this

shall be appropriately loaded as per applicable rates on the price for the

purpose of ranking However bidders to note that TDS rates DTAA

rates differ from country to country It varies from10 to 25

ii Case 2 (TRC is not made available by foreign bidders) Tax deduction

at source (TDS) at the rates as mentioned in the table below is

applicable If this is not agreed to by the bidder in the bid or during

TNCCNC then this shall be appropriately loaded as per applicable

rates on the price for the purpose of ranking These rates shall be as

under

GM(M)MTI2000007617Passivation Station

Page 17 of 45

Service Payment slabs (converted in

INR)

Rate of TDS applicable on total

service payment

Up to value of INR 1 Cr 2575

Above 1 Cr Up to 10 Cr 2626

Above INR 10Cr 270375

14 Loading Criteria Deviations sought by the bidder in respect of Custom Duty exemption

Freight Insurance Payment terms shall be loaded on the bidders quoted prices during price

evaluation by MDL Among the equal bids bidders with ISO 9000 series accreditation over

Non-ISO bidders firstly Manufacturers then their authorized dealers will be given preference

The loading criteria that will be adopted are detailed below amp also as per Enclosure-5

141 It is desirable that the bidder accepts the Payment Terms indicated in clause 9

above Varied payment terms quoted by bidders as compared to the terms stated

in the Tender document shall be normalized by applying SBI Prime Lending

Rate (prevailing at the time of opening of Price bid) plus 2 pa rate of interest

for the period at variation (For Indigenous bidder) amp for overseas bidder the bids

will be normalized at LIBOREURIBOR rate plus 2 for ranking of the bids

142 In case of Foreign supplier the basic cost (CIF) shall be the basis for comparison

of quoted price Custom Duty Custom clearance Port handling transport

charges to the yard will be added to CIF cost to arrive at door delivery cost

143 Delivery of the goods at MDL premises should be the responsibility of the

vendor However for unavoidable reasons if bids are exclusive of transport

andor insurance the same will be loaded at the cost to be incurred by MDL

144 For the additional delivery period sought by the bidder over the stipulated date of

delivery as per Tender 050 per completed week will be loaded to the quoted

price

145 Deviations sought in respect of Liquidated Damages (LD) Deviations sought in

respect of rate per week and or maximum ceiling in respect of liquidated

damages shall be loaded to the quoted price For eg The maximum ceiling

towards liquidated damages stipulated in the tender is 5 and the bidder seeks to

limit it to say 35 then the price quoted will be loaded by 15 If the rate of

LD per week is 05 per week or part thereof as per tender and the bidder seeks

it as say 04 per week or part thereof the maximum ceiling on L D as per

tender will first be equated to weeks (10 weeks in this case) and the rate proposed

by the bidder ie 04 will be multiplied by the so equated maximum Period

(which works out to 4) and the quoted price will be loaded accordingly by 1

Delivery being the essence of the contract it is desirable if the bidders adhere to

the stipulated clause

146 Deviations in respect of the period of Warranty shall be loaded to the quoted price

025 per month or part thereof This does not arise if the bidder quotes

additional price for the differential period

147 The ranking of price bids shall be done overall L1 basis excluding GST (ie total

of basic price exclusive of GST quoted by bidder) In these cases the variation in

statutory levies etc are not allowed unless the breakup in respect of taxes duties

GM(M)MTI2000007617Passivation Station

Page 18 of 45

are clearly and separately furnished in bid

148 For opening LC all charges outside India shall be borne by the Beneficiary

(supplier) Additional loading of prices (A) Towards charges incurred in LC opening

by MDL and (B) Interest for period of 20 days base rate of SBI+2 on payment

amount is to be considered while evaluating foreign bidders for ranking purpose

15 Ranking of Bids amp Determination of L-1 Bidders Ranking of price bids shall be done on overall L1 basis with exclusive of GST

If any variations in statutory levies the break up in respect of any charges is clearly

and separately furnished in the bid and the MDL is satisfied that the rates of taxes

indicated therein are in line with the tax law so that escalation due to variation in the

taxes can be justifiably considered to the extent legitimately allowable on the base

amount(s) indicated in the bid Therefore bidder is requested to show the break up

regarding taxes as applicable in the bid

Note 1 In case of overseas supplier the ldquoCIF cost+ Inspectiontesting charges+ Installation

Commissioning charges+ custom duty+ IGST (if ITC is not available) + Custom

Clearance +port handling +transportation charges to the yard if any + LC opening

charges + interest for period of 20 days base rate of SBI +2 on payment amount

ldquoshall be the basis for comparison of quoted price Custom duty IGST Custom clearance Port handling transport charges to the yard will be added to CIF cost to

arrive at door delivery cost

2 If Service Component exists in an offer from a foreign vendor then Tax Residency

certificate (TRC) should be submitted with Part I offer If no TRC is submitted then

the enhanced Income Tax rate and Service Tax thereon will be considered while

determining L-1

3 Techno-Commercially Qualified overall lowest bidder exclusive of GST will be

considered for the placement of order 4 On-line Ranking visible to the bidders after opening part II price bid is without

loading parameters However the L1 bidder will be evaluated offline after

consideration of all applicable loading parameters as mentioned in the tender

document and commercial terms

5 In case of any discrepancy in the Blank Rate Schedule Format and actual Online

Price Bid after opening of the Price Bids the details (GST) mentioned in the On-line

Price bids shall prevail over the details in blank rate schedule format

6 ldquoBasic costrdquo is defined as ldquoDoor delivery cost (excluding GST)rdquo which includes

packing amp forwarding Delivery insurance registration charges and any cost involved

as per scope of work towards material and services basic cost of Installation

commissioning and inspection amp testing

7 ITC can be availed by MDL for the items as notified under GST ACT 2017 ITC

can be availed by MDL for registered bidder and for unregistered bidder under

reverse charge mechanism Since no ITC can be availed in case of bidders registered

under composition scheme their quoted cost will be considered for ranking

comparison purpose

16 Consignee The Successful bidders shall arrange dispatch of goods by appropriate Rail Road

Sea Air transport mode as per the order to lsquoEAST YARD STORESrsquo and further to user dept

on working days (Monday to Friday) between 800 hrs to 1500 hrs (Lunch Time 1130 to 1200

hrs) In case trucktempo reaches our yard beyond above time the same may be retained over

night at your risk amp cost

An advance copy of invoices along with other relevant documents shall be forwarded to the

purchaser sufficiently in advance to enable clearance of cargo within allowed demurrage free

days to avoid demurrage In case of door delivery orders the supplier shall categorically direct

the transporter to deliver the ordered items without insisting for consignee copy of the Lorry

Receipt

GM(M)MTI2000007617Passivation Station

Page 19 of 45

17 Modifications to the Bids Bidder desirous of submitting modified bid prior to the closing

date and time may do so online not later than deadline of submission of bids Please note that

modified bid shall be submitted through e-procurement system only Bidder can change the

submitted bid any number of times till the closing time and the last changed bid will be

considered for ranking of the bids

18 PURCHASE PREFERENCE TO MAKE IN INDIA As per Public Procurement Order Ref No P-4502122017-B E-II Dtd 15062017 issued by Govt

of India to encourage ldquoMake in Indiardquo policy Purchase Preference shall be given to local suppliers

in the following manner

(a) The terminology definitions used in the said order is as below

(i) ldquoLocal contentrdquo means the amount of value added in India be the total value of items procured

excluding net domestic indirect taxes) minus the value of imported content in the item (including

all customs duties) as a proportion of the total value in percent

(ii) ldquoLocal Supplierrdquo means a supplier or service provider whose product or service offered for procurement meets the minimum local content as prescribed under the said Order or by the

competent Ministries Department in pursuance of said order A Local Supplier can be an Indian

or Foreign bidder

(iii) ldquoMargin of Purchase Preferencerdquo means the maximum extent to which the price quoted by

local supplier may be above the L1 for the purpose of purchase preference The margin of

purchase preference for the present tender is 20

(b) Minimum local content

(i) The minimum local content in the offer is to be not less than 50 for the present tender for a

bidder to be considered as a Local Supplier

(ii) The local content can be increased through partnerships cooperation with local companies

establishing production units in India or Joint Ventures (JV) with Indian suppliers increasing the

participation of local employees in services and training themrsquo

(iii) On opening of the price bids if it is identified that there is difference in price receive amp

declaration made and local content is now not meeting the specified tender requirement (ie only

on the quoted price without any loading) then such case will be processed without any purchase

preference

(c) Declaration by Local Supplier Local Supplier should declare that the item and service

offered meets the minimum local content amp indicate its percentage in their offer which shall meet

(or even offer more) required content as specified in tender This declaration is necessary even if

Custom Duty Exemption and or ERV (if applicable) are not being sought Following documents

are to be submitted in technical offer ndash

Part-I bid

(i) Local Component list ie Items and services which are being procured produced domestically

by supplier in the system equipment service offered against tender This list shall include all the

components raw materials sub services etc

(ii) Foreign Imported Component list ie Items and services which are being supplied by bidder

from outside India in the system equipment service offered against tender This list shall include

all the components raw materials sub services etc

(iii) Bidders shall give the details of the location(s) at which the local value addition is made

Additionally location(s) details from where foreign imported components are being supplied be

also informed

(iv) Bidders shall give the price break-up in percentage for ldquoLocal Componentrdquo and ldquoForeign

Imported Componentrdquo

(v) Custom duty applicable on FE component for all foreign items (vi) The Local Suppliers are required to provide self-certification as per Annexure-11

Note In cases of procurement for value in excess of Rs 10 Crores the local supplier shall be required to

provide a certificate from statutory auditor or cost auditor of the company (in case of companies)

or from a practicing cost accountant or practicing charted accountant (in respect of supplier other

GM(M)MTI2000007617Passivation Station

Page 20 of 45

than companies) giving the percentage of local content amp applicable item wise custom duty

Once the declaration certification is committed at tender submission stage the same cannot be

altered at technical negotiation stage or after award of contract otherwise would be treated

considered as false declaration by bidder

In the event of bidders not declaring or declaring less local content percentage in the offer MDL

will consider quote bid of such bidders with local content as ldquo0rdquo or ldquoNILrdquo ie the offers of such

bidders will be treated as a ldquoNon Local Supplierrdquo where no purchase preference shall be granted to these bidders

(d) If the Local Supplier is also a MSE Vendor seeking the benefit of Public Procurement Policy

for MSEs Order 2012 then such bidders should not seek benefits against the Preference to Make

in India policy ndash Order 2017 Such bidders should categorically seek benefits of only one policy

which cannot be modified subsequently once declared in the Annexure-A referred above while

submitting the bid

(e) Custom duty issue Imported FE content is inclusive of all custom duties which is required

for arriving local content Bidders to note the following about declaration of FE Content

(i) All bidders should upfront declare line item wise custom duty duly certified Such declared

custom duty percentage will only be considered for arriving local content

(ii) In the event if the rate of custom duty is found higher than the declared custom duty by bidder

then the bidderrsquos declaration shall be final for arriving L1 bid Also in such case the difference in

custom duty would be to bidders account In case of foreign bidders the same would be to bidders

account and shall not be borne or reimbursed by Shipyard

(iii) In the event of rate of custom duty happens to be lower at the time of clearance of goods then

actual custom duty shall be payable

(iv) Notwithstanding above local content shall be calculated based on the declared custom duty by

the bidder in techno-commercial bid

(f) Preference to Local Supplier The following procedure will be adopted for deciding on

preference to Local Supplier over a non-local supplier wrt Public Procurement (Preference to

Make in India) order 2017

(i) Among all qualified bids the lowest bid will be termed as L1 If L1 is from a local supplier the

contract will be awarded to L1

(ii) If L1 is not from a local supplier the lowest bidder among the local suppliers will be invited

to match the L1 price subject to local supplierrsquos quoted price falling within the margin of purchase

preference and contract shall be awarded to such local supplier subject to matching the L1 price

(iii) In case such lowest eligible local supplier fails to match the L1 price the local supplier with

the next higher bid within the margin of purchase preference shall be invited to match the L1 price

and so on and contract shall be awarded accordingly In case none of the local suppliers within the

margin of purchase preference matches the L1 price then the contract may be awarded to the L1

bidder

(g) Preference between LS and MSE Bidder This clause is applicable only if line items are

separable and MSE preference clause is also applicable Between the MSE and Local

Supplier the MSE bidder will be given preference to match with L1 bidder as per Public Procurement Policy for MSEs Order 2012 MSE vendor will be evaluated with L1+15 MSE

doesnrsquot fall under Public Procurement (Preference to Make in India) Order 2017 Local Supplier

will be evaluated with L1+20 (Margin of Purchase Preference ordinary) as per Public

Procurement (Preference to Make in India) Order 2017

(h) After the contract is awarded and the supplies are completed each supplier shall provide the supporting documentation towards realization of committed Local Content as per the contract

order terms amp conditions

In addition to these documents a ldquoLocal content certificaterdquo also shall be submitted stating the

percentage of local content in the items or services measured The ldquoLocal content certificaterdquo shall

be submitted along with the invoice

Note In cases of procurement for value in excess of Rs 10 Crores the local supplier shall be

required to provide a certificate from statutory auditor or cost auditor of the company (in case of

GM(M)MTI2000007617Passivation Station

Page 21 of 45

companies) or from a practicing cost accountant or practicing charted accountant (in respect of

supplier other than companies) giving the percentage of local content

(i) False declaration will be in breach of Code of Integrity under Rule 175(1)(i)(h) of GFR 2017

for which a bidder or its successor can be debarred for up to 2 years as per Rule 151(iii) of GFR

2017 along with such other actions as may be permissible under law

(j) Complaints Grievance Any complaints grievances relating to implementation of this order

shall be taken up by Public Grievance Cell of MDL headed by GM(F-PampS) Fees for filing a complaint under the order shall be Rs 10000- per case The complaints shall be filed to the

Chairman Public Grievance Cell The fee shall be deposited in MDLrsquos Account by NEFT

19 Public Grievance Cell A Public Grievance Cell headed by ED (East Yard) has been set up in

the Company Members of public having complaints or grievances are advised to contact him

on Wednesday between 1000 hours and 1230 hours in his EY-office MAZAGON DOCK

SHIPBUILDERS LIMITED Dockyard Road Mumbai - 400010 (022 ndash 23763506 23738368)

or send their complaints grievances to him in writing for redressal

20 Supply on MDL Holidays Request for permission for delivery on Saturday Sunday

holidays if required should be submitted 3 working days prior to the date of holiday to

Personnel department and Security through concerned Dept

21 Liquidated Damages Time is an essence of the contract therefore the job as ordered should be

completed on the dates mutually agreed upon in accordance with the delivery schedule In cases

of delay not attributable to Purchaser beyond the agreed schedule the Successful bidder shall pay

liquidated damages a sum representing 05 (Half per cent) per week or part thereof subject to

maximum of 5 of the final Order Contract value Vendor Contractor (Seller) will also be liable

to pay Liquidated Damages for late delivery of Manuals Drawings and Documentation as agreed

to by Purchaser and Vendor Contractor (Seller) and as stated in the Purchase Order The amount

of such damages will be clearly defined in the Purchase Order and may extend up to 5 of the

Order Value excluding taxes Applicability of LD will be considered as below -

1) Delay in manufacturing and supplydelivery of machinematerialitemsequipments at

MDL after dispatch clearance beyond specified schedule will attract LD 05 per week

or part thereof subject to maximum of 5

2) Delay in Installation trial Commissioning amp Training at MDL as per Work

completion date as certified by MDL user dept beyond specified schedule will attract

LD 05 per week or part thereof subject to maximum of 5 as per order

22 Hindrance Register All hindrances with date of occurrences and removal shall be noted in the

Hindrance Register The Hindrance Register shall be signed by the representatives of both MDL

as well as Contractor

23 Security Deposit (SD) The successful bidders shall have to submit Security Deposit for an

amount of 5 of the Order value excluding GST etc electronically through NEFT RTGS or

in the form of Bank Guarantee drawn in favor of MAZAGON DOCK SHIPBUILDERS

LIMITED Mumbai from the list of Banks approved by SBI Canara Bank published on MDL

Website within 25 days from the date of Order amp must be valid up to contract period plus one

month No interest will be paid on Security Deposit Please note that MDL does not extend any

concession such as exemption in payment of Security Deposit etc to any organization

irrespective of their status like registration with MDL NSIC SSI and MSME etc In case of

failure to submit Security Deposit within 25 days from the date of order placement EMD

submitted will be encashed and risk purchase clause would be invoked The Security Deposit

will be returned only after successful execution of the order and shall be interest free In the

event of failure to execute the order satisfactorily the Security Deposit will be encashed by

MDL If order is fully executed within 25 days from the date of purchase order submission of

security deposit is not applicable For delayed period of submission of SD beyond 25 days

from date of order bidder has to pay applicable interest In case the bidder is Indian Public

Sector Unit they shall submit the indemnity bond instead of Security Deposit Bidders may

advise their bankbanker to send BG directly to commercial department or through SWIFT to

dispense with additional step of verification of authenticity of signatories In case of BG

GM(M)MTI2000007617Passivation Station

Page 22 of 45

transmitted through SWIFT it shall be the responsibility of the bidder that he directs the

receiving banker to forward the message For delayed period of submission of SD beyond 25

days from date of order interest will be recovered as mentioned below

For Indian suppliers it will be SBAR plus 2 and EUROBORLIBOR plus 2 for Foreign

bidder Security Deposit will be returned only after successful execution of the order and shall

be interest free In the event of failure to execute the order satisfactorily the Security Deposit

will be encashed by MDL PSUs can submit Indemnity bond in lieu of Security deposit Bidders can submit SD amount

by using payment gateways through MDL website

24 Delivery ScheduleWork Completion Schedule and delivery term (For foreign bidders) The

entire scope of work ie Design manufacture Supply Installation Commissioning STW amp

Training to be completed within 6 months from the date of receipt of PO

1) Supplydelivery of machineItemsEquipmentsspares at MDL = within 20 weeks (CIF delivery) and

2) Time for transportation amp custom clearance time = 2 weeks

3) Installation Trials Training and Commissioning = Within 2 weeks

Delivery Term (1) Supply For Indigenous bidder Door DeliveryFOR MDL GRS Stores

For Overseas Bidder CIF Port of destination (Mumbai)

(2) Installation Commissioning STW Training -

For Overseas Bidders At MDL site

Training to be imparted to Non-executives-04 Nos for 7 days (1 week)

Delivery ScheduleWork Completion Schedule and delivery term (For Indigenous bidders) The entire scope of work ie Design manufacture Supply Installation Commissioning STW amp

Training to be completed within 6 months from the date of receipt of PO

1) Supplydelivery of machineItemsEquipmentsspares at MDL = within 22 weeks (CIF

delivery) and

2) Installation Trials Training and Commissioning = Within 2 weeks

Delivery Term (1) Supply For Indigenous bidder Door DeliveryFOR MDL GRS Stores

For Overseas Bidder CIF Port of destination (Mumbai)

(2) Installation Commissioning STW Training - For Indigenous Bidders At MDL site

Training to be imparted to Non-executives-04 Nos for 7 days (1 week)

25 Assistance for Installation Testing Commissioning Maintenance amp other Technical

activities 1 Services of engineersManpower in connection with assistance of delivery

loadingunloading installation setting-in-work testing tuning commissioning

training to be considered in the scope of supply

2 All machinery equipments Oxygenother fuel gas for cutting fork lift welding Tools

amp Tackles accessories spares Chemicals consumables Special tools Fixtures and

tackles Workshop and fabrication shop Calibration facility Local transportation and

Internal Transportation storage amp preservation materials Ist fill of Oil lubricants

grease amp other resources etc required for Installation commissioning work to be

arranged by contractor Crane facility for unloading the equipment at the site Space water compressed air and electric Power will be provided by MDL

During Guarantee Warranty period the entire maintenance repair job shall be carried out by

experienced service engineers amp technicians The supply of all necessary tools tackles and

instruments required for the preventive and breakdown maintenance of the equipment covered

by this contract shall be in contractorrsquos scope No sub-contracting will be allowed

26 Spares Post sale product support 1 The Bidder shall assure a continuous supply of spare parts for at least 10 years from

GM(M)MTI2000007617Passivation Station

Page 23 of 45

the date of commissioning of the machine at MDL

2 List of Service centers amp Setup details to be provided

3 Standard accessories required for making itemequipmentmachine operational amp

ready to use should be included in the scope of supply

4 All defective parts spares can either be repaired or replaced by new parts Spares

replaced will be either of same make or equivalent as suggested by the OEM after

consultation with MDL However the total responsibility of the quality of spares supplied or parts repaired shall be with the Contractor

3 If any defective partitemequipment required to be taken out to the service center by

the firm for the further repairing the firm shall be asked to submit the necessary

indemnity bondBG as required Taking out defective partitemequipment from MDL

and bringing back repaired part item equipment to MDL is in the firmrsquos scope of

work The firm has to bear all the transportation charges amp transit insurance

27 Inspection - (a) Receipt Inspection by MDL- MDL inspection cell amp User dept shall carry out necessary

inspection of the items on receipt in the MDL Yard on the basis of an appropriate MDL

Inspection system requirement along with the representative of user dept amp the Inspection

documents submitted by suppliers Any objection raised by MDL inspection team against

quality of material or workmanship shall be satisfactorily corrected by the supplier at his

expenses including replacement as may be required within shortest possible time within 30

days Items damaged during transit shall also be rectified or replaced by the supplier within

shortest possible time

(b) Rejection of the material Any portion of the equipment found defectiverejected the

supplier shall collect the same at his cost from the MDL Yard all incidental charges being

born by supplier (inclusive of custom duty if payable) within 30 days from the date of

intimation to the supplier of such rejection The MDL reserves the rights to dispose off the

rejected item at the end of a total period of 90 days in any manner to the best advantage to the

MDLamp recover storage charges amp any consequential damages from sale proceeds of such

disposal

(c) Final work completion certificate in respect of completion of entire scope of work will be

certified by MDL user dept

28 Purchase Preference for MSE - NA

29 Risk Purchase amp Cancellation of Order (a) If the equipment article service or any portion thereof be not delivered performed by

the scheduled delivery date period any stoppage or discontinuation of ordered supply

awarded contract without written consent by Purchaser or not meeting the required quality

standards the Purchaser shall be at liberty without prejudice to the right of the Purchaser

to recover Liquidated Damages penalty as provided for in these conditions or to any

other remedy for breach of contract to terminate the contract either wholly or to the extent

of such default Amounts advanced or part thereof corresponding to the undelivered

supply shall be recoverable from the Contractor Bidder at the prevailing bank rate of interest

(b) The Purchaser shall also be at liberty to purchase manufacture or supply from stock as it

deems fit other articles of the same or similar description to make good such default and

or in the event of the contract being terminated the balance of the articles of the

remaining to be delivered there under Any excess over the purchase price cost of

manufacture or value of any articles supplied from the stock as the case may be over the

contract price shall be recoverable from the Bidder Vendor Contractor

(c) The Purchaser reserves the right to cancel an order forthwith without any financial

implications on either side if on completion of 50 of the scheduled deliveryCompletion

period the progress of manufactureSupply is not to the satisfaction of Purchaser and

failure on the part of the BidderVendorContractor to comply with the delivery schedule

is inevitable In such an event the BidderVendorContractor shall repay all the advances

GM(M)MTI2000007617Passivation Station

Page 24 of 45

together with interest at prevailing bank rates from the date of receipt of such advances till

date of repayment The title of any property delivered to Purchaser will be reverted to the

BidderVendorContractor at his cost

(d) In case of breach non-compliance of any of the agreed terms amp conditions of order

contract MDL reserves the right to recover consequential damages from the vendor

contractor on account of such premature termination of contract

(e) In case of delay beyond agreed period for liquidated damages or 10weeks from

contractual delivery period whichever is earlier MDL reserves the right to cancel the

order and procure the order items services from any available source at MDLrsquos option amp

discretion and entirely at your risk and cost Extra expenditure incurred by MDL in doing

will be recoverable from Bidder Supplier Contractor

30 Freak Low Quotes In case after opening of price bid of technically cleared firms it is noted that L-1 firm has quoted very low rates and indicates to withdraw from the tender then EMD shall be

forfeited and firm may be given tender holiday including intimation to other PSUs If the rates

quoted are less than MDL estimates by 40 or so and if the difference in rate between L1 and L2

is 30 or more than the firm will have to give additional BG of 20 of the PO value excluding

GST as additional security Bank charges for this additional BG shall be borne by MDL and

reimbursed against proof of payment

31 Indemnity - The Bidder Vendor Contractor his employees licencees agents or Sub-Vendor

Sub-contractor while on site of the Purchaser for the purpose of this contract indemnifies the

Purchaser against direct damage and or injury to the property and or the person of the Purchaser or

that of Purchasers employees agents Sub- Contractors Suppliers occurring and to the extent

caused by the negligence of the Bidder Vendor Contractor his employees licencees agents or

Sub-contractor by making good such damages to the property or compensating personal injury

and the total liability for such damages or injury shall be as mutually discussed and agreed to

You shall hold harmless and keep MDL indemnified against all claims arising as a result of

infringement of any patent rights on account of manufacture sale or use of article covered by

the order

32 MDL reserves the right to consider placement of Order Contract in part or in full against the

tendered quantity or item MDL reserves the right to place order on FOB or CIF basis

33 MDL shall not be bound by any printed conditions or provisions in the sellers bid forms or

acknowledgement of contract invoices packing list and any other documents which purport to

impose any conditions at variance with the tender terms final negotiated amp accepted terms

34 Bidders can participate in online bidding

a) By registering with above referred portal for User ID and password

b) By obtaining class III DSC (Digital Signature Certificate) for secured bidding

35 In case of improper on-line filling of Acceptance Formats for Tender Enquiry Form General

Terms amp Conditions (GTampC) and Standard Terms amp Conditions (STACS) it shall be

presumed that all our tender terms amp conditions are acceptable to you

36 In case of any clarifications bidders are requested to contact the undersigned before the closing

date of the tender Bidders can also contact toll-free customer help line of e-procurement portal

httpseprocuremdlnicin ASP on email id eproc-supportgovin Ph no 0120-4200462 0120-

4001002

Bidders intending to witness the Tender opening shall log on to httpseprocuremdlnicin

using digital signatures for witnessing the opening

GM(M)MTI2000007617Passivation Station

Page 25 of 45

37 We look forward to your participation in on-line bidding by offering your most competitive

and reasonable bid against this tender

Yours faithfully

For MAZAGON DOCK LIMITED

M Tanweer Iqbal

CM(C-MP)

Enclosure - 1 Instructions to the Bidders

Enclosure - 2 Illustrative format amp guideline for quoting prices in online Price Bid

Enclosure - 3 Standard Terms amp Conditions (STACS)

Enclosure - 4 General Terms amp Conditions (GTampC)

Enclosure - 5 Loading Factors

Enclosure - 6 Format of Letter of Credit

Enclosure 7 Bank Guarantee Format for EMD

Enclosure 8 Bank Guarantee Format for SD

Enclosure 9 Bank Guarantee Format for PBG

Enclosure - 10 MDL bank details for NEFTRTGS EMDSD transfer

Enclosure 11 Shipping Instruction for Sea amp Air Consignments

Note These Enclosuredocuments to be down loaded from our Website under below linkpath-

wwwmazagondockgovin gt Tenders gt Shipbuilding gt ldquoEnclosures Related to Tender Documents from Material

Purchase Deptrdquo

GM(M)MTI2000007617Passivation Station

Page 26 of 45

Enclosure ndash 1

Instructions to the Bidders for uploading the Techno-Commercial Bid and the Price Bid through E-

Procurement Portal

bullbullbullbull Official service provider for the website is NIC

E-mail eproc-supportgovin Office Ph No 0120-4200462 0120-4001002 Ph No +91-8826246593

bullbullbullbull Pre-requisites for up-loading the Techno-Commercial Bid

(i) Compatible computer hardware software set-up to access e-procure website

(ii) ldquoDigital Signature Certificaterdquo class III B (DSC) is a must for downloading the tender and uploading

the techno commercial offer from our website httpseprocuremdlnicin

(iii) ldquoDigital Signature Certificaterdquo class III B (DSC) can be obtained from our service provider

bullbullbullbull To ensure availability of above prerequisite is bidders responsibility

(i) It is mandatory to upload the complete techno-commercial offer and the price bid on e-

procurement

(ii) No part of the bid other than original EMD (if applicable) shall be accepted physically hard copy

outside e-procurement

(iii) Price bids shall strictly be uploaded in appropriate allotted place in the tender available in e-

procurement so that it remains secured encrypted unreadable in the system

(iv) In no circumstances the price bids shall be forwarded or uploaded in any other form

(v) Entire responsibility of the uploading of the complete techno-commercial bid along with the price

bid shall be that of the bidder

(vi) No request complaint shall be entertained after the due datetime of the tender

(vii) Non availability of any of the prerequisites or last minute calls seeking clarifications projecting

problems shall not entitle a bidder to seek request for extension of due date

(viii) Any problem with regard to uploading of the tender shall be intimated to NIC at least 24 hours in

advance to the tender closing time amp date However it will not be considered as reason for extension

of due date of the tender

(ix) Request for extension if at all to be made shall be forwarded at least 3 working days in advance to

the tender closing date time with proper reasoning The request shall be put up to the competent

authority for consideration on the merit of the case MDL reserves all rights in this regard amp decision

of MDL shall be binding to the applicant

It is important to note that the bidders can upload their bids right from the time the tender is available

at website It is advisable that the bidder uploads the bid well in time rather than wait till last minute

to avoid situations wherein he is unable to successfully upload the bid for various reasons which

cannot be addressed then due to lack of time

bullbullbullbull Special instructions to Bidders for online bidding

GM(M)MTI2000007617Passivation Station

Page 27 of 45

(i) Bidders should login well in advance to enable them to complete their bid submission before the

closing time of the tender

(ii) Bidders should submit their bid well in advance to avoid last minute frantic calls

(iii) Bidders should follow all the instructions enlisted on the front page of e-procure web page

(iv) Bidders should ensure Hardware amp Software compatibility as well as Digital Signature available on

front page of e-procure web site Request for extension of due date shall not be entertained due to

non-availability of these tools

bullbullbullbull Bidders to participate in on-line bidding

(i) By registering with above referred portal for User ID and password

(ii) By obtaining class III DSC (Digital Signature Certificate) for secured bidding

NOTE In case any vendor intending to respond against the tender and is not having the DSC to facilitate

uploading of his bid should approach the Service Provider at least 10 working days in advance of the tender

closing date requesting DSC The request so made to the Service Provider should simultaneously be

forwarded to MDL Dealing Officer In case the DSC is not received within 3 to 4 working days the GM (M)

be informed and the DSC if not received from the Service Provider three working days in advance for

suitable extension to tender closing date then only the tender due date shall be considered

GM(M)MTI2000007617Passivation Station

Page 28 of 45

Annexure-2

Illustrative format amp guideline for quoting prices in online Price Bid

Below format of price bid will appear online Indigenous bidders to follow instructions given in each respective

cell while quoting their cost in online price bid -

Item Sr no 1

Material Description As per clause No 1

Quantity As per clause No 1

Set Set

Currency INR USD EURO

For Indian Bidder Basic Unit Rate in INR only

For Foreign Bidder CIF Rate to be entered by the foreign

currency

To be quoted

of CGST+SGST or IGST on Basic rate To be quoted

Installation Commissioning Charges per Unit To be quoted

of CGST+SGST or IGST on Installation Commissioning

Charges To be quoted

Inspection Testing Charges per Unit To be quoted

of CGST+SGST or IGST on Inspection Testing Charges To be quoted

GM(M)MTI2000007617Passivation Station

Page 29 of 45

Enclosure-3

STANDARD TERMS AND CONDITIONS (STACS) 101 The word Purchaser refers to MAZAGON DOCK SHIPBUILDERS LIMITED (MDL) a Company

registered under the Indian Companies Act 1913 and it includes its successors or assignees

102 The word BidderVendorContractor means the person firm Company who undertakes to

manufacture and or supply and or undertake work of any nature assigned by the Purchaser from time to time

and includes its successors or assignees

103 The word Owner means the person or authority with whom MAZAGON DOCK SHIPBUILDERS

LIMITED (Purchaser) has contracted to carry out work in relation to which orders are placed by the

Purchaser on the BidderVendorContractor under this contract for supply or manufacture of certain items

and would include Department of Defence Production Ministry of Defence Government of India the Indian

Navy the Coast Guard and any other specified authority

120 GENERAL 121 Unless otherwise indicated specifically by the bidder contractor in his bid it shall be construed as his

acceptance of all the conditions mentioned in this STACS

200 COMMUNICATION amp LANGUAGE FOR DOCUMENTATION 201 Any letter facsimile message e-mail intimation or notice sent to the BidderVendorContractor at the

last known address mentioned in the offer order shall be deemed to be valid communication for the purpose

of the ordercontract Unless stated otherwise by the purchaser Language for communication amp all

documentation shall be same which the Purchaser has used in the tender enquiry

210 PURCHASERrsquoS PROPERTY 211 All property (such as materials drawings documents etc) issued by the Purchaser or any other

individual or firm on behalf of the Purchaser in connection with the contract shall remain confidential being

the property of the Purchaser and the BidderVendorContractor shall undertake to return all such property so

issued and will be responsible for any or all loss thereof and damage thereto resulting from whatever causes

and shall reimburse the Purchaser the full amount of loss and damage

212 On completion of work in any compartment location of the purchaserrsquos premises the

BidderSupplierContractor must ensure that the place is left in a reasonably clean state and all scrap is

transferred to nearby scrap-bins

220 RISK PURCHASE 221 If the equipment article service or any portion thereof be not delivered performed by the scheduled

delivery date period any stoppage or discontinuation of ordered supply awarded contract without written

consent by Purchaser or not meeting the required quality standards the Purchaser shall be at liberty without

prejudice to the right of the Purchaser to recover Liquidated Damages penalty as provided for in these

conditions or to any other remedy for breach of contract to terminate the contract either wholly or to the

extent of such default Amounts advanced or part thereof corresponding to the undelivered supply shall be

recoverable from the Contractor Bidder at the prevailing bank rate of interest

222 The Purchaser shall also be at liberty to purchase manufacture or supply from stock as it deems fit

other articles of the same or similar description to make good such default and or in the event of the contract

being terminated the balance of the articles of the remaining to be delivered there under Any excess over the

purchase price cost of manufacture or value of any articles supplied from the stock as the case may be over

the contract price shall be recoverable from the Bidder Vendor Contractor

230 RECOVERY ADJUSTMENT PROVISIONS 231 Payment made under one order shall not be assigned or adjusted to any other order except to the extent

agreed upon in writing by the Purchaser During the currency of the contract if any sum of money is payable

by the Bidder Vendor Contractor the same shall be deducted from any sum then due or thereafter may

become due to the Bidder Vendor Contractor under the contract or any other contract with the Purchaser

240 ADDITIONAL BANK GUARANTEE In case after opening of price bid of technically cleared firms it is noted that L-1 firm has quoted very low

rates and indicates to withdraw from the tender then EMD shall be forfeited and firm may be given tender

holiday including intimation to other PSUs If the rates quoted are less than MDL estimates by 40 or so and

if the difference in rate between L1 and L2 is 30 or more then the firm will have to give additional BG of

20 of the PO value as additional security Bank charges for this additional BG shall be borne by MDL and

reimbursed against proof of payment

250 INDEMNIFICATION 251 The Bidder Vendor Contractor his employees licencees agents or Sub-Vendor Sub-contractor

while on site of the Purchaser for the purpose of this contract indemnifies the Purchaser against direct

GM(M)MTI2000007617Passivation Station

Page 30 of 45

damage and or injury to the property and or the person of the Purchaser or that of Purchasers employees

agents Sub- Contractors Suppliers occurring and to the extent caused by the negligence of the Bidder

Vendor Contractor his employees licencees agents or Sub-contractor by making good such damages to the

property or compensating personal injury and the total liability for such damages or injury shall be as

mutually discussed and agreed to

260 TRANSFER OF VENDORS CONTRACTORrsquoS RIGHTS 261 The Bidder Vendor Contractor shall not either wholly or partly sell transfer assign or otherwise

dispose of the rights liabilities and obligations under the contract between him and the Purchaser without

prior consent of the Purchaser in writing

270 SUBCONTRACT amp RIGHT OF PURCHASER 271 The Bidder Vendor Contractor under no circumstances undertake or subcontract any work contract

from or to any other Sub-contractor without prior written approval of the Competent Authority of Purchaser

In the event it is found that such practice has been indulged in the contract is liable to be terminated without

notice and the Bidder Vendor Contractor is debarred all from future tender enquiries work orders

However in no circumstances a contractor is permitted to subcontract any part of the contract to the bidders

who had quoted for the concerned tender

280 PATENT RIGHTS 281 The Bidder Vendor Contractor shall hold harmless and keep the Purchaser indemnified against all

claims arising as a result of infringement of any patent copy rights on account of manufacture sale or use of

articles covered by the order

290 AGENTS AGENCY COMMISSION

291 The seller confirms and declares to the buyer that the seller is the original manufacturer or authorized

distributorstockiest of original manufacturer of the stores referred to in this contract and has not engaged any

individual or firm whether Indian or foreign whatsoever to intercede facilitate or in any way to

recommended to the Buyer or any of its functionaries whether officially or unofficially to the award of the

Contract Purchase order to the Seller nor has any amount been paid promised or intended to be paid to any

such individual or firm in respect of any such intercession facilitation or recommendation The Seller agrees

that if it is established at any time to the satisfaction of the Buyer that the present declaration is in any way

incorrect or if at a later stage it is discovered by the Buyer that the Seller has engaged any such

individualfirm and paid or intended to pay any amount gift reward fees commission or consideration to

such person party firm or institution whether before or after the signing of this Contract Purchase order

the Seller

will be liable to refund that amount to the Buyer

Tender no GM (M)GRA2000007246 Page 16 of 26

The seller will also be debarred from participation in any RFQTender for new projectsprogram with Buyer

for a minimum period of five years

The buyer will also have a right to consider cancellation of the Contract either wholly or in part without any

entitlement or compensation to the Seller who shall in such event be liable to refund all payments made by

the buyer in terms of the Contract along with interest at the rate of 2 per annum above LIBOR (London

Inter Bank Offer Rate) (for foreign vendors) and base rate of SBI plus 2 (for Indian Vendors)

The Buyer will also have the right to recover any such amount from any contracts concluded earlier with

Buyer

300 USE OF UNDUE INFLUENCE CORRUPT PRACTICES

301 The Bidder Supplier Contractor undertakes that he has not given offered or promised to give directly

or indirectly any gift consideration reward commission fees brokerage or inducement to any person in

service of the Purchaser or otherwise in procuring the contract or forbearing to do or for having done or

forborne to do any act in relation to the obtaining or execution of the Contract with the Purchaser for showing

or forbearing to show favour or disfavour to any person in relation to the Contract or any other Contract with

the Purchaser Any breach of the aforesaid undertaking by the Bidder Supplier Contractor or any one

employed by him or acting on his behalf (whether with or without the knowledge of the Bidder Supplier

Contractor) or the commission of any offence by the Bidder Supplier Contractor or any one employed by

him or acting on his behalf as defined in Chapter IX of the Indian Penal Code 1980 or the Prevention of

Corruption Act 1947 or any other Act enacted or the prevention of corruption shall entitle the Purchaser to

cancel the contract and all or any other contracts with the Bidder Contractor Supplier and recover from the

Bidder Supplier Contractor the amount of any loss arising from such cancellation Decision of the

Purchaser or his nominee to the effect that a breach of the undertaking has been committed shall be final and

binding on the Bidder Supplier Contractor

302 The Bidder Supplier Contractor shall not offer or agree to give any person in the employment of

GM(M)MTI2000007617Passivation Station

Page 31 of 45

Purchaser any gift or consideration of any kind as Inducement or reward for doing or forbearing to do or

for having done or forborne to do any act in relation to the obtaining or execution of the contracts Any

breach of the aforesaid condition by the Bidder Supplier Contractor or any one employed by them or

acting on their behalf (whether with or without the knowledge of the Bidder Supplier Contractor) or the

commission of any offence by the Bidder Supplier Contractor or by any one employed by them or acting

on their behalf which shall be punishable under the Indian Penal Code 1980 andor the Prevention of

Corruption by Public Servants shall entitle Purchaser to cancel the contracts and all or any other contracts

and then to recover from the Bidder Supplier Contractor the amounts of any loss arising from such

contracts cancellation including but not limited to imposition of penal damages forfeiture of Security

Deposit encashment of the Bank Guarantee and refund of the amounts paid by the Purchaser

303 In case it is found to the satisfaction of the Purchaser that the Bidder Supplier Contractor has

engaged an Agent or paid commission or influenced any person to obtain the contract as described in clauses

relating to Agents Agency Commission and use of undue Influence the Bidder Supplier Contractor on a

specific request of the Purchaser shall provide necessary information inspection of the relevant financial

document information

310 IMMUNITY OF GOVERNMENT OF INDIA CLAUSE 311 It is expressly understood and agreed by and between Ms (Bidder Supplier Contractor) and

MAZAGON DOCK SHIPBUILDERS LIMITED Dockyard Road Mumbai - 400 010 (MDL) is entering

into this Agreement solely on its own behalf and not on the behalf of any person or entity In particular it is

expressly understood and agreed that the Government of India is not a party to this Agreement and has no

liabilities obligations or rights hereunder It is expressly understood and agreed that MDL is an independent

legal entity with power and authority to enter into contracts solely in its own behalf under the applicable of

Laws of India and general principles of Contract Law The (Bidder Supplier Contractor) expressly agrees

acknowledges and understands that MDL is not an agent representative or delegate of the Government of

India It is further understood and agreed that the Government of India is not and shall not be liable for any

acts omissions and commissions breaches or other wrongs arising out of the contract Accordingly (Bidder

Supplier Contractor) hereby expressly waives releases and foregoes any and all actions or claims including

cross claims impleader claims or counter claims against the Government of India arising out of this contract

and covenants not to sue Government of India in any manner claim cause of action or thing whatsoever

arising of or under this Agreement

320 EXPORT LICENCE 321 The export licenses that may be required for delivery of the various itemsequipment to MDL shall be

arranged by the Bidder Supplier Contractor from the concerned authorities in their country without any

time amp cost implications on the Purchaser

330 BANNED OR DE-LISTED CONTRACTORS VENDORS 331 The Bidder Vendor Contractor declares that they being Proprietors Directors Partners have not

been any time individually or collectively blacklisted or banned or de-listed by any Government or quasi

Government agencies or PSUs If a bidderrsquos entities as stated above have been blacklisted or banned or delisted

by any Government or quasi Government agencies or PSUs this fact must be clearly stated and it may

not necessarily be a cause for disqualifying him

340 DUTY OF PERSONNEL OF SUPPLIERVENDOR 341 MDL being a Defence Organization Bidder Vendor Contractor undertakes that their personnel

deployed in connection with the entrusted work will not indulge in any activities other than the duties

assigned to them

350 DISPUTE RESOLUTION MECHANISM AND ARBITRATION

351 DISPUTE RESOLUTION MECHANISM (DRM) i) Any disputedifferences between the parties arising out of and in connection with the contract shall be

settled amicably by mutual negotiations

ii) In case of non-settlement by (i) above if at any time before during or after the contract period any

unsettled claim dispute or difference arose between the parties upon or in relation to or in connection with

or in any way touching or concerning this tenderagreementordercontract the same shall be referred to the

concerned Functional Director

The Functional Director shall then nominate an Executive of the rank of General Manager whom he thinks fit

and competent or a Committee of Executives whowhich shall then scrutinise the claimsdisputes that have

been referred to the concerned functional Director and make efforts for amicable settlements by mutual

discussionsnegotiations

iii) In case no amicable settlement is arrived by (ii) above within a period of three months then the contractor

shall approach Public Grievance Cell and address the disputes as per the provisions made under the relevant

GM(M)MTI2000007617Passivation Station

Page 32 of 45

clause of the contract

iv) In case the issuesdisputes do not get settled within a period of six months from the date of

submission of the dispute to the Grievance Cell then the contractor may invoke Arbitration Clause of the

contract

352 ARBITRATION Unresolved disputesdifferences if any shall then be settled by arbitration The

Arbitration proceedings shall be conducted at Mumbai India in English Language under the Arbitration amp

Conciliation Act 1996

MDL prefers to have arbitration through Institutes such as Indian Council of Arbitration (ICA)ICA-DR with

the mutual consent of the parties

353 In case of unresolved differencedispute between the Purchaser and Supplier being Central Public

Sector EnterprisesCentral Govt departments the disputes shall be resolved firstly through mutual discussion

or through the empowered agencies of the Govt or through arbitration by reference by either party to the

department of Public Enterprises as per extant guidelines If disputesdifferences remain

unresolvedunexecuted the same shall be referred first to the Cabinet Secretariat and then if necessary to the

PMO

354 Any changes to arbitration clause must be vetted by HOD (Legal) before incorporation in

contractPO

360 JURISDICTION OF COURTS 361 All contracts shall be deemed to have been wholly made in Mumbai and all claims there under are

payable in Mumbai City and it is the distinct condition of the order that no suit or action for the purpose of

enforcing any claim in respect of the order shall be instituted in any Court other than that situated in Mumbai

City Maharashtra State India ie courts in Mumbai shall alone have jurisdiction to decide upon any dispute

arising out of or in respect of the contract

-----------------------

GM(M)MTI2000007617Passivation Station

Page 33 of 45

Enclosure-4

GENERAL TERMS amp CONDITIONS (GTampC)

A10 Blank

A20 SECURITY DEPOSIT A21 The successful bidder shall submit a Security Deposit 5 of the contract order value (excluding

taxes duties freight service component) of the Order in the form of Demand Draft Bank Guarantee in the

prescribed format in favour of Purchaser within 25 days from date of Contract The Security Deposit will be

returned only after the successful execution of the order contract Refund of Security Deposit whenever

considered admissible by the Purchaser shall be without interest only

A30 FORFEITURE OF EMD BID BOND A31 In cases of withdrawal of bid during validity period or during any extension granted thereof non

acceptance of agreed conditions of Technical and or Commercial and or Price Negotiations non-submission

of the security deposit and or non-acceptance of the order the EMD or bid security will be forfeited or

encashed as the case may be

A40 FORFEITURE OF SECURITY DEPOSIT A41 Non-performance of agreed terms and or defaultbreach by BidderVendorContractor will result in

forfeiture of security deposit with application of risk purchase provisions as felt appropriate by the Purchaser

A50 FORFEITURE OF PERFORMANCE GUARANTEE A51 In the event of BidderVendorContractor failure to attend the Guarantee defects within a reasonable

period of time the Performance Bank Guarantee will be encashed by the Purchaser The Purchaserrsquos decision

shall be final and binding on BidderVendorContractor

A60 SUPPLIES A61 The equipment products items Services to be supplied shall be strictly in accordance with the

Drawings Specifications Requirements indicated in the Tender Enquiry Order with deviations if any as

mutually accepted

A70 PROGRESS REPORTING amp MONITORING A71 Where so stipulated in the order the Bidder Supplier Contractor shall render such reports from time

to time as regards the progress of the contract and in such a form as may be called for by the Purchaser

A80 CANCELLATION OF ORDER A81The Purchaser reserves the right to cancel an order forthwith without any financial implications on either

side if on completion of 50 of the scheduled deliveryCompletion period the progress of

manufactureSupply is not to the satisfaction of Purchaser and failure on the part of the

BidderVendorContractor to comply with the delivery schedule is inevitable In such an event the

BidderVendorContractor shall repay all the advances together with interest at prevailing bank rates from the

date of receipt of such advances till date of repayment The title of any property delivered to Purchaser will

be reverted to the BidderVendorContractor at his cost

A82 In case of breach non-compliance of any of the agreed terms amp conditions of order contract MDL

reserves the right to recover consequential damages from the vendor contractor on account of such

premature termination of contract

A83 In case of delay beyond agreed period for liquidated damages or 10weeks from contractual delivery

period whichever is earlier MDL reserves the right to cancel the order and procure the order items services

from any available source at MDLrsquos option amp discretion and entirely at your risk and cost Extra expenditure

incurred by MDL in doing will be recoverable from Bidder Supplier Contractor

A90 PRESERVATION AND MAINTENANCE

A91 Should any material require any preservation till its final installationfitment the detailed procedure

(Long term amp short term) for the same as also the time of interval after which the state of preservation needs

to be reviewed is to be stated by the BidderVendorContractor

A92 Further the de-preservation prior to the materialequipment being commissioned and the maintenance

procedure together with its periodicity is also to be indicated by the Bidder Vendor Contractor

A93 The Bidder Vendor Contractor in their offer must confirm that indigenous oil lubricants and

preservatives etc can be used in the equipment The bidder must also give assurance that the equipment

performance will not be downgraded by use of indigenous equivalents

A100 FREIGHT amp INSURANCE

A101 For Indigenous Bidders In cases where the offers are for Door Delivery to Purchaser transit freight

amp Insurance charges shall be borne by the Bidder Supplier Contractor In other agreed cases of Ex-works

Ex-Transporters warehouse or Railway godown offers the Bidder Supplier Contractor on dispatch shall

give details of materials with dispatch particulars and their value in time to Purchasers Insurance Company

GM(M)MTI2000007617Passivation Station

Page 34 of 45

on the contact details as provided in the order In such agreed cases the freight amp insurance charges will be

paid by the purchaser directly to the parties concerned

A102 For Foreign Bidders For overseas supplies on CIF port of dispatch basis Transit Insurance shall be

arranged by the Purchaser The Bidder Supplier Contractor shall immediately on despatch of the

items inform all relevant details of despatch such as Order number Bill of LadingAWB number

marked as Freight Paid Insurance policydocument number of packages value of consignment

invoice number in time directly to Purchasers Insurance company amp Purchaser on the contact details

as provided in the order In case of delivery term other than CIFCIP the freight amp insurance charges

will be paid by the purchaser directly to the parties concerned

A110 TAXES amp DUTIES STATUTORY LEVIES A111 Taxes and duties applicable if any shall be regularized by MDL by issuing necessary exemption

certificates in respect of procurement for Defence Projects Bidder shall indicate separately the GST and

duties applicable in their offer When the items qualify for exemption partlyfully but the supplier did not

avail of the same the amount of taxes and duties on such supplies shall be to supplierrsquos account In cases

where exemption certificates are not issued for any reason taxes shall be paid as indicated in the Purchase

OrderContract Tax deduction at source will be effected wherever applicable (eg TDS under Income tax

Act TDS on Works Contract under GST Act etc) from the bills of the Supplier as per statutes Similarly

where payment of Custom duty is agreed to and stipulated in the Purchase Order Contract the same will be

paid by the Purchaser on receipt of supplierrsquos bills along with Custom Certified Duty Paid Challan-Money

Receipt in original or carbon copy as relevant These Challans Receipts Bill of Entry are to be drawn issued

in the name of lsquoMAZAGON DOCK SHIPBUILDERS LIMITEDrsquo only Where payment of GST is agreed to

and stipulated in the Purchase Order Contract the same will be paid by the Purchaser on the basis of

Suppliers TAX INVOICE wherein the GST Number along with HSN SAC code is indicated in the Invoice

A120 DEMURRAGE A121 Storage and Demurrage charges will be payable by the Bidder Vendor Contractor for all shipments

that reach purchaser without proper dispatch documentations Lorry Receipts not accompanied by packing

lists invoices etc The Supplier shall be responsible for fines due to errors or omissions in description weight

or measurements and for increased handling charges due to improper packing

A130 INSPECTION TESTING A131The ordered items will be inspected either by Classification Society Nominated Agency and or by

Inspection Officer nominated by Purchaser at stages defined in the tender Purchase Order or as agreed to be

defined subsequently in terms of the Purchase Order

A132 The decision of the Inspecting Authority or their representatives as the case may be on any question

of the intent meaning and the scope of Specifications Standards shall be final conclusive and binding on

the Bidder Vendor Contractor

A133 The Bidder Vendor Contractor shall accord all facilities to Purchasers Inspectors Nominated

Agency to carry out Inspection Testing during course of manufacture final testing

A140 RECEIPT INSPECTION BY MDL A141 MDL shall carry out necessary inspection of the items on receipt on the basis of an appropriate quality

assurance system and inspection system requirements along with representative of the Owner Any objection

raised by MDL Quality Control Team against quality of materials or workmanship shall be satisfactorily

corrected by the Contractor at his expense including replacement as may be required within shortest possible

time within 30 days Items damaged during transit shall also be rectified replaced by the Contractor within

shortest possible time payment for which shall be made at mutually agreed rates

A150 REJECTION OF MATERIALS A151 Should the articles or any portion thereof of the equipment be found defective rejected the Bidder

Vendor Contractor shall collect the same from the Purchasers Stores all incidental charges being borne by

him (inclusive of Custom duty if payable) within 30 days from the date of intimation to the Bidder Vendor

Contractor of such rejection The Purchaser reserves the right to dispose off the rejected items at the end of

a total period of 90 days in any manner to the best advantage to the Purchaser and recover storage charges

and any consequential damages from sale proceeds of such disposal

A160 TECHNOLOGICAL DEVELOPMENTS MODIFICATIONS

A161 The Bidder Supplier Contractor shall unconditionally and free of cost to the Purchaser transfer

information on technological developments innovations modifications which the BidderSupplier

Contractor would evolve in future (within 3 years) in relation to the supplied equipment To enable this the

Purchasers address shall be added to the Bidder Supplier Contractorrsquos mailing list or database or any other

document maintained for dissemination of product information and the Purchaser shall be informed of the

GM(M)MTI2000007617Passivation Station

Page 35 of 45

action taken in this regard If such improvements modifications are brought in by the Bidder Supplier

Contractorrsquos Design Department in the course of manufacture of equipment ordered by the Purchaser the

Bidder Supplier Contractor shall incorporate such improved versions in the equipment without any extra

cost to the Purchaser under Purchaserrsquos prior consent

A162 If the Purchaser be desirous of getting incorporated all post supply modifications improvements

arising out of technological developments to the original equipment supplied by the Bidder Supplier

Contractor the Bidder Supplier Contractor shall quote for and carry out all such modifications to the

equipment

A163 Where the whole or a portion of the equipment has been specifically developed by the Bidder

Supplier Contractor for the Owner and the latter would through the Purchaser be bearing the entire or part

of the development cost incurred by the Bidder Supplier Contractor the design rights for the whole or

portion thereof of the equipment as appropriate shall vest in the Owners

A164 Prior approval of the Owner should be obtained before similar articles are sold supplied to any other

party other than the Owner If such approval is given and sale is effected the Bidder Supplier Contractor

shall pay to the Owner royalty at the rate mutually agreed to

A165 The Sub-contractor Supplier Supplier shall continue to support the equipment for a minimum period

of 20 years from the date of supply by making available spare parts and assemblies of the equipment

supplied Should the Sub-contractor Supplier Supplier decides to discontinue the product for any reason

whatsoever adequate notice shall be given to the Purchaser Owner to enable procurement of the requisite

lifetime spares

A170 PURCHASERrsquoS RIGHT TO ACCEPT ANY BID PART OF BID AND TO REJECT ANY OR

ALL BIDS A171 The Purchaser reserves the right to accept and or reject any or all tenders and or to withdraw the tender

in Toto and or award the contract order in full or part to more than one vendor contractor without

assigning any reason whatsoever and without thereby incurring any liability to the affected Bidder or Bidders

or any obligations to inform the affected Bidder or Bidders of the grounds for MDL action

A180 BANK GUARANTEE INSURANCE COVER FOR FREE ISSUE MATERIAL A181 The Bidder Supplier Contractor shall furnish Bank Guarantee insurance Cover equivalent to the

value of materials supplied by MDL free of cost valid up to the execution of the contract delivery of

material inspected accepted and receipt at MDL together with the material reconciliation statement

whichever is later

A190 BIDDERrsquoS RESPONSE IN CASE OF NO PARTICIPATION A191 The Sub-contractor Supplier Vendor shall inform the Purchaser in advance in case he is unable to

participate in the tender for whatsoever reason Failure to comply with this will be viewed seriously and

consecutive three failures on the part of Sub-contractor Supplier Vendor to do so is liable for

disqualification debarring of the Sub-contractor Supplier Vendor from all future tender enquiries and or

delisting from the list of Approved Registered Vendors

A230 PREFERENCETIAL PURCHASE FROM MSE VENDORS ndash Not Applicable MDL has right to place order on MSE firm meeting following criteria

In tenders if participating MSEs quoted prices are within price band of L1+15 such MSEs shall also be

allowed to supply a portion up to 20 of requirement by bringing down their prices to L1 price where L1 is

non MSEs If more than 1 MSEs fall under such criteria then this 20 shall be distributed proportionally

This preference shall not be applicable where MSE firm is L1 firm out of 20 percent target of annual

procurement from Micro and Small Enterprises a sub-target of 20 percent (ie 4 percent out of 20 percent)

shall be earmarked for procurement from Micro and Small Enterprises owned by the Scheduled Caste or the

Scheduled Tribe Entrepreneurs In respect of items reserved for MSE extant guidelines shall be followed

Presently Circular No SO 581(E) dated 23032012 is applicable

GM(M)MTI2000007617Passivation Station

Page 36 of 45

Annexure-5

LOADING FACTORS A

Sr

No

Description Foreign Supplier

100 import content

Indigenous

Supplier with part

Import content

Indigenous

Supplier without

Import content

1 Basic Price Quoted

CIF

a a Ex Works

b b Delivered to

MDL Stores

a Ex Works

b Delivered to

MDL Stores

2 Add Insurance Charges Nil In case of 1 (a) In case of 1 (a)

3 Add Sea Air Freight charges

Inland Road Transport Nil In case of 1 (a) In case of 1 (a)

4

Customs Clearance Port

Handling Transportation to

Yard

Applicable NIL NIL

5

Cost (ex-MDL) excluding taxes

amp duties without loading

towards any deviations

CIF price +

SrNo4 Sr Nos (1+2+3) Sr Nos (1+2+3)

B LOADINGS DUE TO VARIATIONS IN FINANCIAL TERM

6 Variation in payment Terms

Varied payment terms quoted by bidders as compared to the terms stated

in the tender document shall be normalized on the amount(s) at variation

and or for the period (in no of days) at variation by adopting the Prime

Lending Rate of State Bank India plus 2 thereon incase of indigenous

bidders and LIBOR EURIBOR rates in case of foreign bidders

7

Income tax amp Service Tax on

Technical Services Service

Engineers liability to MDL

Normalization shall be done in respect of the amount of tax that have to

be borne by the Company

8 Production norms such as

scrap output ndash input ratio

9 Base date for price variation

clause

1

0

Cost (ex-MDL) excluding taxes

amp duties after loading for

variations in financial term

(SR Nos 5 + 6 + 7 + 8 + 9)

C LOADING ON ACCOUNT OF DEVIATIONS IN FOLLOWING COMMERCIAL TERMS

11

Security Deposit Contract

Performance Guarantee Mandatory

12

Equipment Performance

Guarantee Mandatory

13

Additional delivery period

sought over stipulated period as

per Tender

For the additional period sought by the bidder over the stipulated date of

delivery as per tender 050 per week for delayed period will be loaded

to the quoted price if the period under variation does not lead to bid

rejection criteria 14 Additional time sought for

supplying binding data

15 Liquidated damages per week

rate Maximum Ceiling

If bidder seeks less than 5 (Max ceiling) then the difference will be

loaded

The rate of LD per week or part thereof is 05 If bidder seeks say 04

per week or part thereof then Max Ceiling of LD will be equated to

weeks (Say 10 weeks) then LD proposed by bidder works out to 10 X 04

= 4 then 1 will be loaded

16 Warranty Guarantee

Deviations in respect of the period of Warranty shall be loaded to the

quoted price 025 per month or part thereof This does not arise if

the bidder quotes additional price for the differential period

GM(M)MTI2000007617Passivation Station

Page 37 of 45

17

Cost (Ex-MDL) excluding taxes

amp duties after loading for

variations on account of

financial and commercial terms

Sr Nos 10 + 11 + 12 + 13 + 14 + 15 + 16

D LANDED COST

18

Taxes amp Duties

19

Landed Cost Sr Nos 17 + 18

GM(M)MTI2000007617Passivation Station

Page 38 of 45

Annexure-6

LETTER OF CREDIT FORMAT FOR SHIPMENT BY SEA AIR

40A Form of Documentary Credit Type IRREVOCABLE

20 Transaction Reference Number Documentary

Credit Number

31C Date of Issue Date

31D Date and Place of Expiry Date

Place NEGOTIATING BANK

51A Applicant Bank BIC BANKERS OF MDLMUMBAI

50 Applicant Name amp Address MAZAGON DOCK SHIPBUILDERS LTD

DOCKYARD ROAD MAZAGON MUMBAI ndash

400 010

59 Beneficiary Name amp Address

32B Currency Code Amount

Currency

Amount

39A Percentage Credit Amount Tolerance

Tolerance 1

Tolerance 2

41D Available with hellipByhellip Name amp Address

42C Draft at hellip Narrative SIGHTNEGOTIATION

42D Drawee Name amp Address BANKERS OF MDLMUMBAI

43P Partial Shipments Narrative ALLOWEDNOT ALLOWED

43T Transhipment Narrative ALLOWEDNOT ALLOWED

44A Loading on Board Dispatch Narrative AIRPORT SEAPORT (AS PER TENDER

ENQUIRYORDER)

44B For Transportation to Narrative AIRPORT SEAPORT (AS PER TENDER

ENQUIRYORDER)

44C Latest Date of Shipment Date

46A Documents required Narrative (AS PER TENDER ENQUIRY)

47A Additional conditions Narrative 1 ALL DOCUMENTS SHOULD BE MARKED

WITH IEC CODE NO0388070412 LC NO

AND DATE AND IMPORT UNDER NON-

NEGATIVE LIST OF IMPORT EXPORT

POLICY AM

2 DISCREPANT DOCUMENTS TO BE SENT

STRICTLY ON COLLECTION BASIS

71B Details of charges Narrative ALL FOREIGN BANK CHARGES OUTSIDE

INDIA ARE FOR THE BENEFICIARYrsquoS

ACCOUNT

48 Period for presentation

Narrative

WITHIN ----- DAYS FROM THE DATE OF

BILL OF LADING AIRWAY BILL 49 Confirmation instructions

Instruction

WITHOUT

53D Reimbursing Bank

Name amp Address

BANKERS OF MDL WILL SPECIFY

78 Instructions to the Paying Accepting Bank

Narrative

BANKERS OF MDL WILL SPECIFY 72 Sender to Receiver Information

Narrative

BANKERS OF MDL WILL SPECIFY

GM(M)MTI2000007617Passivation Station

Page 39 of 45

Enclosure-7

PROFORMA BANK GUARANTEE FOR BID BOND EMD

(On Non-Judicial stamp paper of value Rs 500-)

IN CONSIDERATION OF MAZAGON DOCK SHIPBUILDERS LIMTED a company incorporated under the Companies Act 1956 and having its registered office at Dockyard Road Mumbai 400010 (hereinafter referred to as

the ldquothe Companyrdquo which expression shall unless it be repugnant or contrary to the subject or context thereof be

deemed to mean and include its successors and assigns) having agreed to accept the Earnest Money Deposit (EMD)

of Rs--------------------------- -------(Rupees-----------------------------only) in the form of Bank Guarantee from Messers

a partnership firmsole proprietor businessa company registered under the Companies Act 1956

having its office at (hereinafter called the tenderer which expression shall unless it be

repugnant or contrary to the subject or context thereof be deemed to mean and include its successors and assigns) for

participating in the Tender nodated (hereinafter called the tender which expression

shall include any amendmentsalterations to the tender issued by the Company) for the supply delivery at site

installation and commissioning of certain equipment itemservicescivil works etc We

Bank having office at (hereinafter referred to as ldquothe Bankrdquo which

expression shall includes its successors and assigns) hereby agree to pay to the Company without any demur on first

demand an amount not exceeding Rs (Rupeesonly) against any loss or damage costs charges and expenses caused to or suffered by the Company by reason of non performance and non-fulfilment or for

any breach on the part of the tenderer of any of the terms and conditions of the said tender

2 We Bank further agree that the Company shall be sole judge whether the said tenderer has

failed to perform or fulfil the said tender in terms thereof or committed breach of any terms and conditions of the

tender the extent of loss damage cost charges and expenses suffered or incurred or would be suffered or incurred by

the Company on account thereof and we waive in the favour of the Company all the rights and defences to which we

as guarantors may be entitled to

3 We Bank further agree that the amount demanded by the Company as such shall be final and

binding on the Bank as to the Bank s liability to pay and the amount demanded and the Bank undertake to pay the

Company the amount so demanded on first demand and without any demur notwithstanding any dispute raised by the

tenderer or any suit or other legal proceedings including arbitration pending before any court tribunal or arbitrator

relating thereto our liability under this guarantee being absolute and unconditional

4 We Bank further agree with the Company that the Company shall have the fullest liberty

without our consent and without affecting in any manner our obligations hereunder to vary any of the terms and

conditions of the said tenderor to extend time of performance by the tenderer from time to time or to postpone for

any time to time any of the powers exercisable by the Company against the tenderer and to forbear to enforce any of

the terms and conditions relating to the tender and we shall not be relieved from our liability by reason of any such

variation or extension being granted to the tenderer or for any forbearance act or omission on the part of the

Company or any indulgence by the Company to the tenderer or by any such matter or things whatsoever which under

the law relating to sureties would have the effect of relieving us

5 We Bank further undertake not to revoke this guarantee during its currency except with

the previous consent of the Company in writing

6 We Bank also agree that the Bankrsquos liability under this guarantee shall not be affected

by any change in the constitution of the tenderer or dissolution or winding up of the business of the tenderer

7 Notwithstanding anything contained herein above

i) Our liability under this guarantee shall not exceed Rs

ii) This Bank Guarantee shall be valid upto and including and

iii) We are liable to pay the guarantee amount or any part thereof under this Bank Guarantee only and only if you

serve upon us a written claim or demand on or before helliphelliphellip (validity + --- weeks from the date of expiry of this

guarantee)

8 This Guarantee shall be governed by Indian laws and the Courts at Mumbai India shall have the exclusive

jurisdiction

GM(M)MTI2000007617Passivation Station

Page 40 of 45

IN WITNESS WHEREOF the Bank has executed this document on this day

of

For Bank

(by its constituted attorney

or the person authorized to sign)

(Signature of a person authorized

to sign on behalf of the Bank)

GM(M)MTI2000007617Passivation Station

Page 41 of 45

Enclosure-8

PROFORMA BANK GUARANTEE FOR SECURITY DEPOSIT (ILLUSTRATIVE FORMAT)

(On Non-Judicial stamp paper of value Rs 500)

IN CONSIDERATION OF MAZAGON DOCK SHIPBUILDERS LIMTED a company incorporated under the

Companies Act 1956 and having its registered office at Dockyard Road Mumbai 400010 (hereinafter referred to as

the ldquothe Purchaserrdquo which expression shall unless it be repugnant or contrary to the subject or context thereof be

deemed to mean and include its successors and assigns) having placed an order on Messers

a partnership firmsole proprietor businessa company registered under the Companies Act 1956

having its office at (hereinafter called the Contractor Supplier which expression shall unless it

be repugnant or contrary to the subject or context thereof be deemed to mean and include its successors and assigns)

vide order No dated (hereinafter called the order which expression shall include any

amendmentsalterations to the order issued by the Purchaser) for the supply delivery at site installation and

commissioning of certain equipment itemservicescivil works etc as stated in the said Order and the Purchaser

having agreed with the ContractorSupplier to accept a Bank Guarantee in lieu of Security Deposit payable under the

said order for the fulfilment and performance of the said order We Bank having

office at (hereinafter referred to as the Bank which expression shall includes its

successors and assigns) hereby agree to pay to the Purchaser without any demur on first demand an amount not

exceeding Rs (Rupeesonly) being 5 of the order value against any loss or damage costs

charges and expenses caused to or suffered by the Purchaser by reason of non performance and non-fulfilment or for

any breach on the part of the Contractor Supplier of any of the terms and conditions of the said order

2 We Bank further agree that the Purchaser shall be sole judge whether the said

contractorSupplier has failed to perform or fulfil the said order in terms thereof or committed breach of any terms

and conditions of the order and the extent of loss damage cost charges and expenses suffered or incurred or would

be suffered or incurred by the Purchaser on account thereof and we waive in the favour

of the Purchaser all the rights and defences to which we as guarantors may be entitled to

3 We Bank further agree that the amount demanded by the Purchaser as such shall be final and

binding on the Bank as to the Bank s liability to pay and the amount demanded and the Bank undertake to pay the

Purchaser the amount so demanded on first demand and without any demur notwithstanding any dispute raised by the

ContractorSupplier or any suit or other legal proceedings including arbitration pending before any court tribunal or

arbitrator relating thereto our liability under this guarantee being absolute and unconditional

4 We Bank further agree with the Purchaser that the Purchaser shall have the fullest liberty

without our consent and without affecting in any manner our obligations hereunder to vary any of the terms and

conditions of the said orderor to extend time of performance by the Supplier from time to time or to

postpone for any time to time any of the powers exercisable by the Purchaser against the Contractor Supplier and to

forbear to enforce any of the terms and conditions relating to the order and we shall not be relieved from our liability

by reason of any such variation or extension being granted to the Contractor Supplier or for any forbearance act or

omission on the part of the Purchaser or any indulgence by the

Purchaser to the ContractorSupplier or by any such matter or things whatsoever which under the law relating to

sureties would have the effect of relieving us

5 We Bank further undertake not to revoke this guarantee during its currency except with

the previous consent of the Purchaser in writing

6 We Bank also agree that the Bankrsquos liability under this guarantee shall not be affected

by any change in the constitution of the Contractor Supplier or dissolution or winding up of the business of the

contractor supplier

7 Notwithstanding anything contained herein above

i) Our liability under this guarantee shall not exceed Rs

ii) This Bank Guarantee shall be valid upto and including and

GM(M)MTI2000007617Passivation Station

Page 42 of 45

iii) We are liable to pay the guarantee amount or any part thereof under this Bank Guarantee only and only if you

serve upon us a written claim or demand on or before helliphelliphelliphellip(validity + ---weeks from the date of expiry of this

guarantee)

8 This Guarantee shall be governed by Indian laws and the Courts at Mumbai India

shall have the exclusive jurisdiction

IN WITNESS WHEREOF the Bank has executed this document on

this day of

For Bank

(by its constituted attorney)

(Signature of a person authorised

to sign on behalf of the Bank)

GM(M)MTI2000007617Passivation Station

Page 43 of 45

Enclosure-9

PROFORMA BANK GUARANTEE FOR PERFORMANCE (ILLUSTRATIVE FORMAT)

(On Non-Judicial stamp paper of value Rs 500-)

IN CONSIDERATION OF MAZAGON DOCK SHIPBUILDERS LIMTED a company incorporated under the

Companies Act 1956 and having its registered office at Dockyard Road Mumbai 400010 (hereinafter referred to as

the ldquothe Purchaserrdquo which expression shall unless it be repugnant or contrary to the subject or context thereof be

deemed to mean and include its successors and assigns) having placed an order on Messers a

partnership firmsole proprietor businessa company registered under the Companies Act 1956 having its Registered

office at (hereinafter called the Contractor Supplier which expression shall unless it be

repugnant or contrary to the subject or context thereof be deemed to mean and include its successors and assigns)

vide order No dated (hereinafter called the order which expression shall include any

amendmentsalterations to the order issued by the Purchaser) for the supply delivery at site installation and

commissioning of certain equipment itemservicescivil works etc as stated in the said Order and the Purchaser

having agreed that the Contractor Supplier shall furnish a security for the performance of the Contractorrsquos

Suppliers obligations andor discharge of the Contractorrsquos Suppliers liability in connection with the said order and

the Purchaser having agreed with the ContractorSupplier to accept a performance guarantee We

Bank having office at (hereinafter referred to as the

Bank which expression shall includes its successors and assigns) hereby agree to pay to the Purchaser without any

demur on first demand an amount not exceeding Rs (Rupeesonly) being 10 of the order

value against any loss or damage costs charges and expenses caused to or suffered by the Purchaser by reason of

non-performance and non-fulfilment or for any breach on the part of the Contractor Supplier of any of the terms and

conditions of the said order

2 We Bank further agree that the Purchaser shall be sole judge whether the said

ContractorSupplier has failed to perform or fulfil the said order in terms thereof or committed breach of any terms

and conditions of the order and the extent of loss damage cost charges and expenses suffered or incurred or would

be suffered or incurred by the Purchaser on account thereof and we waive in the favour of

the Purchaser all the rights and defences to which we as guarantors may be entitled to

3 We Bank further agree that the amount demanded by the Purchaser as such shall be final and

binding on the Bank as to the Bank s liability to pay and the amount demanded and the Bank undertake to pay the

Purchaser the amount so demanded on first demand and without any demur otwithstanding any dispute raised by the

ContractorSupplier or any suit or other legal proceedings including arbitration pending before any court tribunal or

arbitrator relating thereto our liability under this guarantee being absolute and unconditional

4 We Bank further agree with the Purchaser that the Purchaser shall have the fullest liberty

without our consent and without affecting in any manner our obligations hereunder to vary any of the terms and

conditions of the said orderor to extend time of performance by the Supplier from time to time or to postpone for

any time to time any of the powers exercisable by the Purchaser against the Contractor

Supplier and to forbear to enforce any of the terms and conditions relating to the order and we shall not be relieved

from our liability by reason of any such variation or extension being granted to the Contractor Supplier or for any

forbearance act or omission on the part of the Purchaser or any indulgence by the Purchaser to the

ContractorSupplier or by any such matter or things whatsoever which under the law

relating to sureties would have the effect of relieving us

5 We Bank further undertake not to revoke this guarantee during its currency except with

the previous consent of the Purchaser in writing

6 We Bank also agree that the Bankrsquos liability under this guarantee shall not be affected

by any change in the constitution of the Contractor Supplier or

dissolutionhelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

7 Notwithstanding anything contained herein above

i) Our liability under this guarantee shall not exceed Rs

ii) This Bank Guarantee shall be valid upto and including and

GM(M)MTI2000007617Passivation Station

Page 44 of 45

iii) We are liable to pay the guarantee amount or any part thereof under this Bank Guarantee only and only if you

serve upon us a written claim or demand on or before helliphelliphellip (validity + ---weeks from the date of expiry of this

guarantee)

8 This Guarantee shall be governed by Indian laws and the Courts at Mumbai India shall have the exclusive

jurisdiction

IN WITNESS WHEREOF the Bank has executed this document on

this day of

For Bank

(by its constituted attorney)

(Signature of a person authorised

to sign on behalf of the Bank)

GM(M)MTI2000007617Passivation Station

Page 45 of 45

Enclosure-10

Electronic Payment Mandate Form

(MDL Bank details)

Name of the CompanyFirm Mazagon Dock Shipbuilders Limited

Address with Phone no Dockyard Road Mumbai ndash 400010

E-Mail ID

Phone No +91 22 23745310

Fax No

Particulars of Bank Account

Name of the Bank State Bank of India

Name of the Branch Mazagon Dock Mumbai Branch

Branch Code 9054

Bank IFSC NEFT Code SBIN0009054

Bank Address MBPT Workshop building NV Nakhwa Road Mazagon - 400010

City Name Mumbai

Telephone No of Bank +91 22 23752802

9 digit code no of bank amp branch

appearing on the MICR cheque

issued by your bank

400002120

Type of Account Current Account

Account No 10005255246

Income Tax PAN No AAACM8029J

Page 17: Final Tender - Mazagon Dock Shipbuilders...DIVISION-SHIP BUILDING DEPARTMENT-MATERIAL PROCUREMENT Tender no.: GM(M)/MTI/2000007617 for the Engineering, Manufacturing, Supply/Installation,

GM(M)MTI2000007617Passivation Station

Page 17 of 45

Service Payment slabs (converted in

INR)

Rate of TDS applicable on total

service payment

Up to value of INR 1 Cr 2575

Above 1 Cr Up to 10 Cr 2626

Above INR 10Cr 270375

14 Loading Criteria Deviations sought by the bidder in respect of Custom Duty exemption

Freight Insurance Payment terms shall be loaded on the bidders quoted prices during price

evaluation by MDL Among the equal bids bidders with ISO 9000 series accreditation over

Non-ISO bidders firstly Manufacturers then their authorized dealers will be given preference

The loading criteria that will be adopted are detailed below amp also as per Enclosure-5

141 It is desirable that the bidder accepts the Payment Terms indicated in clause 9

above Varied payment terms quoted by bidders as compared to the terms stated

in the Tender document shall be normalized by applying SBI Prime Lending

Rate (prevailing at the time of opening of Price bid) plus 2 pa rate of interest

for the period at variation (For Indigenous bidder) amp for overseas bidder the bids

will be normalized at LIBOREURIBOR rate plus 2 for ranking of the bids

142 In case of Foreign supplier the basic cost (CIF) shall be the basis for comparison

of quoted price Custom Duty Custom clearance Port handling transport

charges to the yard will be added to CIF cost to arrive at door delivery cost

143 Delivery of the goods at MDL premises should be the responsibility of the

vendor However for unavoidable reasons if bids are exclusive of transport

andor insurance the same will be loaded at the cost to be incurred by MDL

144 For the additional delivery period sought by the bidder over the stipulated date of

delivery as per Tender 050 per completed week will be loaded to the quoted

price

145 Deviations sought in respect of Liquidated Damages (LD) Deviations sought in

respect of rate per week and or maximum ceiling in respect of liquidated

damages shall be loaded to the quoted price For eg The maximum ceiling

towards liquidated damages stipulated in the tender is 5 and the bidder seeks to

limit it to say 35 then the price quoted will be loaded by 15 If the rate of

LD per week is 05 per week or part thereof as per tender and the bidder seeks

it as say 04 per week or part thereof the maximum ceiling on L D as per

tender will first be equated to weeks (10 weeks in this case) and the rate proposed

by the bidder ie 04 will be multiplied by the so equated maximum Period

(which works out to 4) and the quoted price will be loaded accordingly by 1

Delivery being the essence of the contract it is desirable if the bidders adhere to

the stipulated clause

146 Deviations in respect of the period of Warranty shall be loaded to the quoted price

025 per month or part thereof This does not arise if the bidder quotes

additional price for the differential period

147 The ranking of price bids shall be done overall L1 basis excluding GST (ie total

of basic price exclusive of GST quoted by bidder) In these cases the variation in

statutory levies etc are not allowed unless the breakup in respect of taxes duties

GM(M)MTI2000007617Passivation Station

Page 18 of 45

are clearly and separately furnished in bid

148 For opening LC all charges outside India shall be borne by the Beneficiary

(supplier) Additional loading of prices (A) Towards charges incurred in LC opening

by MDL and (B) Interest for period of 20 days base rate of SBI+2 on payment

amount is to be considered while evaluating foreign bidders for ranking purpose

15 Ranking of Bids amp Determination of L-1 Bidders Ranking of price bids shall be done on overall L1 basis with exclusive of GST

If any variations in statutory levies the break up in respect of any charges is clearly

and separately furnished in the bid and the MDL is satisfied that the rates of taxes

indicated therein are in line with the tax law so that escalation due to variation in the

taxes can be justifiably considered to the extent legitimately allowable on the base

amount(s) indicated in the bid Therefore bidder is requested to show the break up

regarding taxes as applicable in the bid

Note 1 In case of overseas supplier the ldquoCIF cost+ Inspectiontesting charges+ Installation

Commissioning charges+ custom duty+ IGST (if ITC is not available) + Custom

Clearance +port handling +transportation charges to the yard if any + LC opening

charges + interest for period of 20 days base rate of SBI +2 on payment amount

ldquoshall be the basis for comparison of quoted price Custom duty IGST Custom clearance Port handling transport charges to the yard will be added to CIF cost to

arrive at door delivery cost

2 If Service Component exists in an offer from a foreign vendor then Tax Residency

certificate (TRC) should be submitted with Part I offer If no TRC is submitted then

the enhanced Income Tax rate and Service Tax thereon will be considered while

determining L-1

3 Techno-Commercially Qualified overall lowest bidder exclusive of GST will be

considered for the placement of order 4 On-line Ranking visible to the bidders after opening part II price bid is without

loading parameters However the L1 bidder will be evaluated offline after

consideration of all applicable loading parameters as mentioned in the tender

document and commercial terms

5 In case of any discrepancy in the Blank Rate Schedule Format and actual Online

Price Bid after opening of the Price Bids the details (GST) mentioned in the On-line

Price bids shall prevail over the details in blank rate schedule format

6 ldquoBasic costrdquo is defined as ldquoDoor delivery cost (excluding GST)rdquo which includes

packing amp forwarding Delivery insurance registration charges and any cost involved

as per scope of work towards material and services basic cost of Installation

commissioning and inspection amp testing

7 ITC can be availed by MDL for the items as notified under GST ACT 2017 ITC

can be availed by MDL for registered bidder and for unregistered bidder under

reverse charge mechanism Since no ITC can be availed in case of bidders registered

under composition scheme their quoted cost will be considered for ranking

comparison purpose

16 Consignee The Successful bidders shall arrange dispatch of goods by appropriate Rail Road

Sea Air transport mode as per the order to lsquoEAST YARD STORESrsquo and further to user dept

on working days (Monday to Friday) between 800 hrs to 1500 hrs (Lunch Time 1130 to 1200

hrs) In case trucktempo reaches our yard beyond above time the same may be retained over

night at your risk amp cost

An advance copy of invoices along with other relevant documents shall be forwarded to the

purchaser sufficiently in advance to enable clearance of cargo within allowed demurrage free

days to avoid demurrage In case of door delivery orders the supplier shall categorically direct

the transporter to deliver the ordered items without insisting for consignee copy of the Lorry

Receipt

GM(M)MTI2000007617Passivation Station

Page 19 of 45

17 Modifications to the Bids Bidder desirous of submitting modified bid prior to the closing

date and time may do so online not later than deadline of submission of bids Please note that

modified bid shall be submitted through e-procurement system only Bidder can change the

submitted bid any number of times till the closing time and the last changed bid will be

considered for ranking of the bids

18 PURCHASE PREFERENCE TO MAKE IN INDIA As per Public Procurement Order Ref No P-4502122017-B E-II Dtd 15062017 issued by Govt

of India to encourage ldquoMake in Indiardquo policy Purchase Preference shall be given to local suppliers

in the following manner

(a) The terminology definitions used in the said order is as below

(i) ldquoLocal contentrdquo means the amount of value added in India be the total value of items procured

excluding net domestic indirect taxes) minus the value of imported content in the item (including

all customs duties) as a proportion of the total value in percent

(ii) ldquoLocal Supplierrdquo means a supplier or service provider whose product or service offered for procurement meets the minimum local content as prescribed under the said Order or by the

competent Ministries Department in pursuance of said order A Local Supplier can be an Indian

or Foreign bidder

(iii) ldquoMargin of Purchase Preferencerdquo means the maximum extent to which the price quoted by

local supplier may be above the L1 for the purpose of purchase preference The margin of

purchase preference for the present tender is 20

(b) Minimum local content

(i) The minimum local content in the offer is to be not less than 50 for the present tender for a

bidder to be considered as a Local Supplier

(ii) The local content can be increased through partnerships cooperation with local companies

establishing production units in India or Joint Ventures (JV) with Indian suppliers increasing the

participation of local employees in services and training themrsquo

(iii) On opening of the price bids if it is identified that there is difference in price receive amp

declaration made and local content is now not meeting the specified tender requirement (ie only

on the quoted price without any loading) then such case will be processed without any purchase

preference

(c) Declaration by Local Supplier Local Supplier should declare that the item and service

offered meets the minimum local content amp indicate its percentage in their offer which shall meet

(or even offer more) required content as specified in tender This declaration is necessary even if

Custom Duty Exemption and or ERV (if applicable) are not being sought Following documents

are to be submitted in technical offer ndash

Part-I bid

(i) Local Component list ie Items and services which are being procured produced domestically

by supplier in the system equipment service offered against tender This list shall include all the

components raw materials sub services etc

(ii) Foreign Imported Component list ie Items and services which are being supplied by bidder

from outside India in the system equipment service offered against tender This list shall include

all the components raw materials sub services etc

(iii) Bidders shall give the details of the location(s) at which the local value addition is made

Additionally location(s) details from where foreign imported components are being supplied be

also informed

(iv) Bidders shall give the price break-up in percentage for ldquoLocal Componentrdquo and ldquoForeign

Imported Componentrdquo

(v) Custom duty applicable on FE component for all foreign items (vi) The Local Suppliers are required to provide self-certification as per Annexure-11

Note In cases of procurement for value in excess of Rs 10 Crores the local supplier shall be required to

provide a certificate from statutory auditor or cost auditor of the company (in case of companies)

or from a practicing cost accountant or practicing charted accountant (in respect of supplier other

GM(M)MTI2000007617Passivation Station

Page 20 of 45

than companies) giving the percentage of local content amp applicable item wise custom duty

Once the declaration certification is committed at tender submission stage the same cannot be

altered at technical negotiation stage or after award of contract otherwise would be treated

considered as false declaration by bidder

In the event of bidders not declaring or declaring less local content percentage in the offer MDL

will consider quote bid of such bidders with local content as ldquo0rdquo or ldquoNILrdquo ie the offers of such

bidders will be treated as a ldquoNon Local Supplierrdquo where no purchase preference shall be granted to these bidders

(d) If the Local Supplier is also a MSE Vendor seeking the benefit of Public Procurement Policy

for MSEs Order 2012 then such bidders should not seek benefits against the Preference to Make

in India policy ndash Order 2017 Such bidders should categorically seek benefits of only one policy

which cannot be modified subsequently once declared in the Annexure-A referred above while

submitting the bid

(e) Custom duty issue Imported FE content is inclusive of all custom duties which is required

for arriving local content Bidders to note the following about declaration of FE Content

(i) All bidders should upfront declare line item wise custom duty duly certified Such declared

custom duty percentage will only be considered for arriving local content

(ii) In the event if the rate of custom duty is found higher than the declared custom duty by bidder

then the bidderrsquos declaration shall be final for arriving L1 bid Also in such case the difference in

custom duty would be to bidders account In case of foreign bidders the same would be to bidders

account and shall not be borne or reimbursed by Shipyard

(iii) In the event of rate of custom duty happens to be lower at the time of clearance of goods then

actual custom duty shall be payable

(iv) Notwithstanding above local content shall be calculated based on the declared custom duty by

the bidder in techno-commercial bid

(f) Preference to Local Supplier The following procedure will be adopted for deciding on

preference to Local Supplier over a non-local supplier wrt Public Procurement (Preference to

Make in India) order 2017

(i) Among all qualified bids the lowest bid will be termed as L1 If L1 is from a local supplier the

contract will be awarded to L1

(ii) If L1 is not from a local supplier the lowest bidder among the local suppliers will be invited

to match the L1 price subject to local supplierrsquos quoted price falling within the margin of purchase

preference and contract shall be awarded to such local supplier subject to matching the L1 price

(iii) In case such lowest eligible local supplier fails to match the L1 price the local supplier with

the next higher bid within the margin of purchase preference shall be invited to match the L1 price

and so on and contract shall be awarded accordingly In case none of the local suppliers within the

margin of purchase preference matches the L1 price then the contract may be awarded to the L1

bidder

(g) Preference between LS and MSE Bidder This clause is applicable only if line items are

separable and MSE preference clause is also applicable Between the MSE and Local

Supplier the MSE bidder will be given preference to match with L1 bidder as per Public Procurement Policy for MSEs Order 2012 MSE vendor will be evaluated with L1+15 MSE

doesnrsquot fall under Public Procurement (Preference to Make in India) Order 2017 Local Supplier

will be evaluated with L1+20 (Margin of Purchase Preference ordinary) as per Public

Procurement (Preference to Make in India) Order 2017

(h) After the contract is awarded and the supplies are completed each supplier shall provide the supporting documentation towards realization of committed Local Content as per the contract

order terms amp conditions

In addition to these documents a ldquoLocal content certificaterdquo also shall be submitted stating the

percentage of local content in the items or services measured The ldquoLocal content certificaterdquo shall

be submitted along with the invoice

Note In cases of procurement for value in excess of Rs 10 Crores the local supplier shall be

required to provide a certificate from statutory auditor or cost auditor of the company (in case of

GM(M)MTI2000007617Passivation Station

Page 21 of 45

companies) or from a practicing cost accountant or practicing charted accountant (in respect of

supplier other than companies) giving the percentage of local content

(i) False declaration will be in breach of Code of Integrity under Rule 175(1)(i)(h) of GFR 2017

for which a bidder or its successor can be debarred for up to 2 years as per Rule 151(iii) of GFR

2017 along with such other actions as may be permissible under law

(j) Complaints Grievance Any complaints grievances relating to implementation of this order

shall be taken up by Public Grievance Cell of MDL headed by GM(F-PampS) Fees for filing a complaint under the order shall be Rs 10000- per case The complaints shall be filed to the

Chairman Public Grievance Cell The fee shall be deposited in MDLrsquos Account by NEFT

19 Public Grievance Cell A Public Grievance Cell headed by ED (East Yard) has been set up in

the Company Members of public having complaints or grievances are advised to contact him

on Wednesday between 1000 hours and 1230 hours in his EY-office MAZAGON DOCK

SHIPBUILDERS LIMITED Dockyard Road Mumbai - 400010 (022 ndash 23763506 23738368)

or send their complaints grievances to him in writing for redressal

20 Supply on MDL Holidays Request for permission for delivery on Saturday Sunday

holidays if required should be submitted 3 working days prior to the date of holiday to

Personnel department and Security through concerned Dept

21 Liquidated Damages Time is an essence of the contract therefore the job as ordered should be

completed on the dates mutually agreed upon in accordance with the delivery schedule In cases

of delay not attributable to Purchaser beyond the agreed schedule the Successful bidder shall pay

liquidated damages a sum representing 05 (Half per cent) per week or part thereof subject to

maximum of 5 of the final Order Contract value Vendor Contractor (Seller) will also be liable

to pay Liquidated Damages for late delivery of Manuals Drawings and Documentation as agreed

to by Purchaser and Vendor Contractor (Seller) and as stated in the Purchase Order The amount

of such damages will be clearly defined in the Purchase Order and may extend up to 5 of the

Order Value excluding taxes Applicability of LD will be considered as below -

1) Delay in manufacturing and supplydelivery of machinematerialitemsequipments at

MDL after dispatch clearance beyond specified schedule will attract LD 05 per week

or part thereof subject to maximum of 5

2) Delay in Installation trial Commissioning amp Training at MDL as per Work

completion date as certified by MDL user dept beyond specified schedule will attract

LD 05 per week or part thereof subject to maximum of 5 as per order

22 Hindrance Register All hindrances with date of occurrences and removal shall be noted in the

Hindrance Register The Hindrance Register shall be signed by the representatives of both MDL

as well as Contractor

23 Security Deposit (SD) The successful bidders shall have to submit Security Deposit for an

amount of 5 of the Order value excluding GST etc electronically through NEFT RTGS or

in the form of Bank Guarantee drawn in favor of MAZAGON DOCK SHIPBUILDERS

LIMITED Mumbai from the list of Banks approved by SBI Canara Bank published on MDL

Website within 25 days from the date of Order amp must be valid up to contract period plus one

month No interest will be paid on Security Deposit Please note that MDL does not extend any

concession such as exemption in payment of Security Deposit etc to any organization

irrespective of their status like registration with MDL NSIC SSI and MSME etc In case of

failure to submit Security Deposit within 25 days from the date of order placement EMD

submitted will be encashed and risk purchase clause would be invoked The Security Deposit

will be returned only after successful execution of the order and shall be interest free In the

event of failure to execute the order satisfactorily the Security Deposit will be encashed by

MDL If order is fully executed within 25 days from the date of purchase order submission of

security deposit is not applicable For delayed period of submission of SD beyond 25 days

from date of order bidder has to pay applicable interest In case the bidder is Indian Public

Sector Unit they shall submit the indemnity bond instead of Security Deposit Bidders may

advise their bankbanker to send BG directly to commercial department or through SWIFT to

dispense with additional step of verification of authenticity of signatories In case of BG

GM(M)MTI2000007617Passivation Station

Page 22 of 45

transmitted through SWIFT it shall be the responsibility of the bidder that he directs the

receiving banker to forward the message For delayed period of submission of SD beyond 25

days from date of order interest will be recovered as mentioned below

For Indian suppliers it will be SBAR plus 2 and EUROBORLIBOR plus 2 for Foreign

bidder Security Deposit will be returned only after successful execution of the order and shall

be interest free In the event of failure to execute the order satisfactorily the Security Deposit

will be encashed by MDL PSUs can submit Indemnity bond in lieu of Security deposit Bidders can submit SD amount

by using payment gateways through MDL website

24 Delivery ScheduleWork Completion Schedule and delivery term (For foreign bidders) The

entire scope of work ie Design manufacture Supply Installation Commissioning STW amp

Training to be completed within 6 months from the date of receipt of PO

1) Supplydelivery of machineItemsEquipmentsspares at MDL = within 20 weeks (CIF delivery) and

2) Time for transportation amp custom clearance time = 2 weeks

3) Installation Trials Training and Commissioning = Within 2 weeks

Delivery Term (1) Supply For Indigenous bidder Door DeliveryFOR MDL GRS Stores

For Overseas Bidder CIF Port of destination (Mumbai)

(2) Installation Commissioning STW Training -

For Overseas Bidders At MDL site

Training to be imparted to Non-executives-04 Nos for 7 days (1 week)

Delivery ScheduleWork Completion Schedule and delivery term (For Indigenous bidders) The entire scope of work ie Design manufacture Supply Installation Commissioning STW amp

Training to be completed within 6 months from the date of receipt of PO

1) Supplydelivery of machineItemsEquipmentsspares at MDL = within 22 weeks (CIF

delivery) and

2) Installation Trials Training and Commissioning = Within 2 weeks

Delivery Term (1) Supply For Indigenous bidder Door DeliveryFOR MDL GRS Stores

For Overseas Bidder CIF Port of destination (Mumbai)

(2) Installation Commissioning STW Training - For Indigenous Bidders At MDL site

Training to be imparted to Non-executives-04 Nos for 7 days (1 week)

25 Assistance for Installation Testing Commissioning Maintenance amp other Technical

activities 1 Services of engineersManpower in connection with assistance of delivery

loadingunloading installation setting-in-work testing tuning commissioning

training to be considered in the scope of supply

2 All machinery equipments Oxygenother fuel gas for cutting fork lift welding Tools

amp Tackles accessories spares Chemicals consumables Special tools Fixtures and

tackles Workshop and fabrication shop Calibration facility Local transportation and

Internal Transportation storage amp preservation materials Ist fill of Oil lubricants

grease amp other resources etc required for Installation commissioning work to be

arranged by contractor Crane facility for unloading the equipment at the site Space water compressed air and electric Power will be provided by MDL

During Guarantee Warranty period the entire maintenance repair job shall be carried out by

experienced service engineers amp technicians The supply of all necessary tools tackles and

instruments required for the preventive and breakdown maintenance of the equipment covered

by this contract shall be in contractorrsquos scope No sub-contracting will be allowed

26 Spares Post sale product support 1 The Bidder shall assure a continuous supply of spare parts for at least 10 years from

GM(M)MTI2000007617Passivation Station

Page 23 of 45

the date of commissioning of the machine at MDL

2 List of Service centers amp Setup details to be provided

3 Standard accessories required for making itemequipmentmachine operational amp

ready to use should be included in the scope of supply

4 All defective parts spares can either be repaired or replaced by new parts Spares

replaced will be either of same make or equivalent as suggested by the OEM after

consultation with MDL However the total responsibility of the quality of spares supplied or parts repaired shall be with the Contractor

3 If any defective partitemequipment required to be taken out to the service center by

the firm for the further repairing the firm shall be asked to submit the necessary

indemnity bondBG as required Taking out defective partitemequipment from MDL

and bringing back repaired part item equipment to MDL is in the firmrsquos scope of

work The firm has to bear all the transportation charges amp transit insurance

27 Inspection - (a) Receipt Inspection by MDL- MDL inspection cell amp User dept shall carry out necessary

inspection of the items on receipt in the MDL Yard on the basis of an appropriate MDL

Inspection system requirement along with the representative of user dept amp the Inspection

documents submitted by suppliers Any objection raised by MDL inspection team against

quality of material or workmanship shall be satisfactorily corrected by the supplier at his

expenses including replacement as may be required within shortest possible time within 30

days Items damaged during transit shall also be rectified or replaced by the supplier within

shortest possible time

(b) Rejection of the material Any portion of the equipment found defectiverejected the

supplier shall collect the same at his cost from the MDL Yard all incidental charges being

born by supplier (inclusive of custom duty if payable) within 30 days from the date of

intimation to the supplier of such rejection The MDL reserves the rights to dispose off the

rejected item at the end of a total period of 90 days in any manner to the best advantage to the

MDLamp recover storage charges amp any consequential damages from sale proceeds of such

disposal

(c) Final work completion certificate in respect of completion of entire scope of work will be

certified by MDL user dept

28 Purchase Preference for MSE - NA

29 Risk Purchase amp Cancellation of Order (a) If the equipment article service or any portion thereof be not delivered performed by

the scheduled delivery date period any stoppage or discontinuation of ordered supply

awarded contract without written consent by Purchaser or not meeting the required quality

standards the Purchaser shall be at liberty without prejudice to the right of the Purchaser

to recover Liquidated Damages penalty as provided for in these conditions or to any

other remedy for breach of contract to terminate the contract either wholly or to the extent

of such default Amounts advanced or part thereof corresponding to the undelivered

supply shall be recoverable from the Contractor Bidder at the prevailing bank rate of interest

(b) The Purchaser shall also be at liberty to purchase manufacture or supply from stock as it

deems fit other articles of the same or similar description to make good such default and

or in the event of the contract being terminated the balance of the articles of the

remaining to be delivered there under Any excess over the purchase price cost of

manufacture or value of any articles supplied from the stock as the case may be over the

contract price shall be recoverable from the Bidder Vendor Contractor

(c) The Purchaser reserves the right to cancel an order forthwith without any financial

implications on either side if on completion of 50 of the scheduled deliveryCompletion

period the progress of manufactureSupply is not to the satisfaction of Purchaser and

failure on the part of the BidderVendorContractor to comply with the delivery schedule

is inevitable In such an event the BidderVendorContractor shall repay all the advances

GM(M)MTI2000007617Passivation Station

Page 24 of 45

together with interest at prevailing bank rates from the date of receipt of such advances till

date of repayment The title of any property delivered to Purchaser will be reverted to the

BidderVendorContractor at his cost

(d) In case of breach non-compliance of any of the agreed terms amp conditions of order

contract MDL reserves the right to recover consequential damages from the vendor

contractor on account of such premature termination of contract

(e) In case of delay beyond agreed period for liquidated damages or 10weeks from

contractual delivery period whichever is earlier MDL reserves the right to cancel the

order and procure the order items services from any available source at MDLrsquos option amp

discretion and entirely at your risk and cost Extra expenditure incurred by MDL in doing

will be recoverable from Bidder Supplier Contractor

30 Freak Low Quotes In case after opening of price bid of technically cleared firms it is noted that L-1 firm has quoted very low rates and indicates to withdraw from the tender then EMD shall be

forfeited and firm may be given tender holiday including intimation to other PSUs If the rates

quoted are less than MDL estimates by 40 or so and if the difference in rate between L1 and L2

is 30 or more than the firm will have to give additional BG of 20 of the PO value excluding

GST as additional security Bank charges for this additional BG shall be borne by MDL and

reimbursed against proof of payment

31 Indemnity - The Bidder Vendor Contractor his employees licencees agents or Sub-Vendor

Sub-contractor while on site of the Purchaser for the purpose of this contract indemnifies the

Purchaser against direct damage and or injury to the property and or the person of the Purchaser or

that of Purchasers employees agents Sub- Contractors Suppliers occurring and to the extent

caused by the negligence of the Bidder Vendor Contractor his employees licencees agents or

Sub-contractor by making good such damages to the property or compensating personal injury

and the total liability for such damages or injury shall be as mutually discussed and agreed to

You shall hold harmless and keep MDL indemnified against all claims arising as a result of

infringement of any patent rights on account of manufacture sale or use of article covered by

the order

32 MDL reserves the right to consider placement of Order Contract in part or in full against the

tendered quantity or item MDL reserves the right to place order on FOB or CIF basis

33 MDL shall not be bound by any printed conditions or provisions in the sellers bid forms or

acknowledgement of contract invoices packing list and any other documents which purport to

impose any conditions at variance with the tender terms final negotiated amp accepted terms

34 Bidders can participate in online bidding

a) By registering with above referred portal for User ID and password

b) By obtaining class III DSC (Digital Signature Certificate) for secured bidding

35 In case of improper on-line filling of Acceptance Formats for Tender Enquiry Form General

Terms amp Conditions (GTampC) and Standard Terms amp Conditions (STACS) it shall be

presumed that all our tender terms amp conditions are acceptable to you

36 In case of any clarifications bidders are requested to contact the undersigned before the closing

date of the tender Bidders can also contact toll-free customer help line of e-procurement portal

httpseprocuremdlnicin ASP on email id eproc-supportgovin Ph no 0120-4200462 0120-

4001002

Bidders intending to witness the Tender opening shall log on to httpseprocuremdlnicin

using digital signatures for witnessing the opening

GM(M)MTI2000007617Passivation Station

Page 25 of 45

37 We look forward to your participation in on-line bidding by offering your most competitive

and reasonable bid against this tender

Yours faithfully

For MAZAGON DOCK LIMITED

M Tanweer Iqbal

CM(C-MP)

Enclosure - 1 Instructions to the Bidders

Enclosure - 2 Illustrative format amp guideline for quoting prices in online Price Bid

Enclosure - 3 Standard Terms amp Conditions (STACS)

Enclosure - 4 General Terms amp Conditions (GTampC)

Enclosure - 5 Loading Factors

Enclosure - 6 Format of Letter of Credit

Enclosure 7 Bank Guarantee Format for EMD

Enclosure 8 Bank Guarantee Format for SD

Enclosure 9 Bank Guarantee Format for PBG

Enclosure - 10 MDL bank details for NEFTRTGS EMDSD transfer

Enclosure 11 Shipping Instruction for Sea amp Air Consignments

Note These Enclosuredocuments to be down loaded from our Website under below linkpath-

wwwmazagondockgovin gt Tenders gt Shipbuilding gt ldquoEnclosures Related to Tender Documents from Material

Purchase Deptrdquo

GM(M)MTI2000007617Passivation Station

Page 26 of 45

Enclosure ndash 1

Instructions to the Bidders for uploading the Techno-Commercial Bid and the Price Bid through E-

Procurement Portal

bullbullbullbull Official service provider for the website is NIC

E-mail eproc-supportgovin Office Ph No 0120-4200462 0120-4001002 Ph No +91-8826246593

bullbullbullbull Pre-requisites for up-loading the Techno-Commercial Bid

(i) Compatible computer hardware software set-up to access e-procure website

(ii) ldquoDigital Signature Certificaterdquo class III B (DSC) is a must for downloading the tender and uploading

the techno commercial offer from our website httpseprocuremdlnicin

(iii) ldquoDigital Signature Certificaterdquo class III B (DSC) can be obtained from our service provider

bullbullbullbull To ensure availability of above prerequisite is bidders responsibility

(i) It is mandatory to upload the complete techno-commercial offer and the price bid on e-

procurement

(ii) No part of the bid other than original EMD (if applicable) shall be accepted physically hard copy

outside e-procurement

(iii) Price bids shall strictly be uploaded in appropriate allotted place in the tender available in e-

procurement so that it remains secured encrypted unreadable in the system

(iv) In no circumstances the price bids shall be forwarded or uploaded in any other form

(v) Entire responsibility of the uploading of the complete techno-commercial bid along with the price

bid shall be that of the bidder

(vi) No request complaint shall be entertained after the due datetime of the tender

(vii) Non availability of any of the prerequisites or last minute calls seeking clarifications projecting

problems shall not entitle a bidder to seek request for extension of due date

(viii) Any problem with regard to uploading of the tender shall be intimated to NIC at least 24 hours in

advance to the tender closing time amp date However it will not be considered as reason for extension

of due date of the tender

(ix) Request for extension if at all to be made shall be forwarded at least 3 working days in advance to

the tender closing date time with proper reasoning The request shall be put up to the competent

authority for consideration on the merit of the case MDL reserves all rights in this regard amp decision

of MDL shall be binding to the applicant

It is important to note that the bidders can upload their bids right from the time the tender is available

at website It is advisable that the bidder uploads the bid well in time rather than wait till last minute

to avoid situations wherein he is unable to successfully upload the bid for various reasons which

cannot be addressed then due to lack of time

bullbullbullbull Special instructions to Bidders for online bidding

GM(M)MTI2000007617Passivation Station

Page 27 of 45

(i) Bidders should login well in advance to enable them to complete their bid submission before the

closing time of the tender

(ii) Bidders should submit their bid well in advance to avoid last minute frantic calls

(iii) Bidders should follow all the instructions enlisted on the front page of e-procure web page

(iv) Bidders should ensure Hardware amp Software compatibility as well as Digital Signature available on

front page of e-procure web site Request for extension of due date shall not be entertained due to

non-availability of these tools

bullbullbullbull Bidders to participate in on-line bidding

(i) By registering with above referred portal for User ID and password

(ii) By obtaining class III DSC (Digital Signature Certificate) for secured bidding

NOTE In case any vendor intending to respond against the tender and is not having the DSC to facilitate

uploading of his bid should approach the Service Provider at least 10 working days in advance of the tender

closing date requesting DSC The request so made to the Service Provider should simultaneously be

forwarded to MDL Dealing Officer In case the DSC is not received within 3 to 4 working days the GM (M)

be informed and the DSC if not received from the Service Provider three working days in advance for

suitable extension to tender closing date then only the tender due date shall be considered

GM(M)MTI2000007617Passivation Station

Page 28 of 45

Annexure-2

Illustrative format amp guideline for quoting prices in online Price Bid

Below format of price bid will appear online Indigenous bidders to follow instructions given in each respective

cell while quoting their cost in online price bid -

Item Sr no 1

Material Description As per clause No 1

Quantity As per clause No 1

Set Set

Currency INR USD EURO

For Indian Bidder Basic Unit Rate in INR only

For Foreign Bidder CIF Rate to be entered by the foreign

currency

To be quoted

of CGST+SGST or IGST on Basic rate To be quoted

Installation Commissioning Charges per Unit To be quoted

of CGST+SGST or IGST on Installation Commissioning

Charges To be quoted

Inspection Testing Charges per Unit To be quoted

of CGST+SGST or IGST on Inspection Testing Charges To be quoted

GM(M)MTI2000007617Passivation Station

Page 29 of 45

Enclosure-3

STANDARD TERMS AND CONDITIONS (STACS) 101 The word Purchaser refers to MAZAGON DOCK SHIPBUILDERS LIMITED (MDL) a Company

registered under the Indian Companies Act 1913 and it includes its successors or assignees

102 The word BidderVendorContractor means the person firm Company who undertakes to

manufacture and or supply and or undertake work of any nature assigned by the Purchaser from time to time

and includes its successors or assignees

103 The word Owner means the person or authority with whom MAZAGON DOCK SHIPBUILDERS

LIMITED (Purchaser) has contracted to carry out work in relation to which orders are placed by the

Purchaser on the BidderVendorContractor under this contract for supply or manufacture of certain items

and would include Department of Defence Production Ministry of Defence Government of India the Indian

Navy the Coast Guard and any other specified authority

120 GENERAL 121 Unless otherwise indicated specifically by the bidder contractor in his bid it shall be construed as his

acceptance of all the conditions mentioned in this STACS

200 COMMUNICATION amp LANGUAGE FOR DOCUMENTATION 201 Any letter facsimile message e-mail intimation or notice sent to the BidderVendorContractor at the

last known address mentioned in the offer order shall be deemed to be valid communication for the purpose

of the ordercontract Unless stated otherwise by the purchaser Language for communication amp all

documentation shall be same which the Purchaser has used in the tender enquiry

210 PURCHASERrsquoS PROPERTY 211 All property (such as materials drawings documents etc) issued by the Purchaser or any other

individual or firm on behalf of the Purchaser in connection with the contract shall remain confidential being

the property of the Purchaser and the BidderVendorContractor shall undertake to return all such property so

issued and will be responsible for any or all loss thereof and damage thereto resulting from whatever causes

and shall reimburse the Purchaser the full amount of loss and damage

212 On completion of work in any compartment location of the purchaserrsquos premises the

BidderSupplierContractor must ensure that the place is left in a reasonably clean state and all scrap is

transferred to nearby scrap-bins

220 RISK PURCHASE 221 If the equipment article service or any portion thereof be not delivered performed by the scheduled

delivery date period any stoppage or discontinuation of ordered supply awarded contract without written

consent by Purchaser or not meeting the required quality standards the Purchaser shall be at liberty without

prejudice to the right of the Purchaser to recover Liquidated Damages penalty as provided for in these

conditions or to any other remedy for breach of contract to terminate the contract either wholly or to the

extent of such default Amounts advanced or part thereof corresponding to the undelivered supply shall be

recoverable from the Contractor Bidder at the prevailing bank rate of interest

222 The Purchaser shall also be at liberty to purchase manufacture or supply from stock as it deems fit

other articles of the same or similar description to make good such default and or in the event of the contract

being terminated the balance of the articles of the remaining to be delivered there under Any excess over the

purchase price cost of manufacture or value of any articles supplied from the stock as the case may be over

the contract price shall be recoverable from the Bidder Vendor Contractor

230 RECOVERY ADJUSTMENT PROVISIONS 231 Payment made under one order shall not be assigned or adjusted to any other order except to the extent

agreed upon in writing by the Purchaser During the currency of the contract if any sum of money is payable

by the Bidder Vendor Contractor the same shall be deducted from any sum then due or thereafter may

become due to the Bidder Vendor Contractor under the contract or any other contract with the Purchaser

240 ADDITIONAL BANK GUARANTEE In case after opening of price bid of technically cleared firms it is noted that L-1 firm has quoted very low

rates and indicates to withdraw from the tender then EMD shall be forfeited and firm may be given tender

holiday including intimation to other PSUs If the rates quoted are less than MDL estimates by 40 or so and

if the difference in rate between L1 and L2 is 30 or more then the firm will have to give additional BG of

20 of the PO value as additional security Bank charges for this additional BG shall be borne by MDL and

reimbursed against proof of payment

250 INDEMNIFICATION 251 The Bidder Vendor Contractor his employees licencees agents or Sub-Vendor Sub-contractor

while on site of the Purchaser for the purpose of this contract indemnifies the Purchaser against direct

GM(M)MTI2000007617Passivation Station

Page 30 of 45

damage and or injury to the property and or the person of the Purchaser or that of Purchasers employees

agents Sub- Contractors Suppliers occurring and to the extent caused by the negligence of the Bidder

Vendor Contractor his employees licencees agents or Sub-contractor by making good such damages to the

property or compensating personal injury and the total liability for such damages or injury shall be as

mutually discussed and agreed to

260 TRANSFER OF VENDORS CONTRACTORrsquoS RIGHTS 261 The Bidder Vendor Contractor shall not either wholly or partly sell transfer assign or otherwise

dispose of the rights liabilities and obligations under the contract between him and the Purchaser without

prior consent of the Purchaser in writing

270 SUBCONTRACT amp RIGHT OF PURCHASER 271 The Bidder Vendor Contractor under no circumstances undertake or subcontract any work contract

from or to any other Sub-contractor without prior written approval of the Competent Authority of Purchaser

In the event it is found that such practice has been indulged in the contract is liable to be terminated without

notice and the Bidder Vendor Contractor is debarred all from future tender enquiries work orders

However in no circumstances a contractor is permitted to subcontract any part of the contract to the bidders

who had quoted for the concerned tender

280 PATENT RIGHTS 281 The Bidder Vendor Contractor shall hold harmless and keep the Purchaser indemnified against all

claims arising as a result of infringement of any patent copy rights on account of manufacture sale or use of

articles covered by the order

290 AGENTS AGENCY COMMISSION

291 The seller confirms and declares to the buyer that the seller is the original manufacturer or authorized

distributorstockiest of original manufacturer of the stores referred to in this contract and has not engaged any

individual or firm whether Indian or foreign whatsoever to intercede facilitate or in any way to

recommended to the Buyer or any of its functionaries whether officially or unofficially to the award of the

Contract Purchase order to the Seller nor has any amount been paid promised or intended to be paid to any

such individual or firm in respect of any such intercession facilitation or recommendation The Seller agrees

that if it is established at any time to the satisfaction of the Buyer that the present declaration is in any way

incorrect or if at a later stage it is discovered by the Buyer that the Seller has engaged any such

individualfirm and paid or intended to pay any amount gift reward fees commission or consideration to

such person party firm or institution whether before or after the signing of this Contract Purchase order

the Seller

will be liable to refund that amount to the Buyer

Tender no GM (M)GRA2000007246 Page 16 of 26

The seller will also be debarred from participation in any RFQTender for new projectsprogram with Buyer

for a minimum period of five years

The buyer will also have a right to consider cancellation of the Contract either wholly or in part without any

entitlement or compensation to the Seller who shall in such event be liable to refund all payments made by

the buyer in terms of the Contract along with interest at the rate of 2 per annum above LIBOR (London

Inter Bank Offer Rate) (for foreign vendors) and base rate of SBI plus 2 (for Indian Vendors)

The Buyer will also have the right to recover any such amount from any contracts concluded earlier with

Buyer

300 USE OF UNDUE INFLUENCE CORRUPT PRACTICES

301 The Bidder Supplier Contractor undertakes that he has not given offered or promised to give directly

or indirectly any gift consideration reward commission fees brokerage or inducement to any person in

service of the Purchaser or otherwise in procuring the contract or forbearing to do or for having done or

forborne to do any act in relation to the obtaining or execution of the Contract with the Purchaser for showing

or forbearing to show favour or disfavour to any person in relation to the Contract or any other Contract with

the Purchaser Any breach of the aforesaid undertaking by the Bidder Supplier Contractor or any one

employed by him or acting on his behalf (whether with or without the knowledge of the Bidder Supplier

Contractor) or the commission of any offence by the Bidder Supplier Contractor or any one employed by

him or acting on his behalf as defined in Chapter IX of the Indian Penal Code 1980 or the Prevention of

Corruption Act 1947 or any other Act enacted or the prevention of corruption shall entitle the Purchaser to

cancel the contract and all or any other contracts with the Bidder Contractor Supplier and recover from the

Bidder Supplier Contractor the amount of any loss arising from such cancellation Decision of the

Purchaser or his nominee to the effect that a breach of the undertaking has been committed shall be final and

binding on the Bidder Supplier Contractor

302 The Bidder Supplier Contractor shall not offer or agree to give any person in the employment of

GM(M)MTI2000007617Passivation Station

Page 31 of 45

Purchaser any gift or consideration of any kind as Inducement or reward for doing or forbearing to do or

for having done or forborne to do any act in relation to the obtaining or execution of the contracts Any

breach of the aforesaid condition by the Bidder Supplier Contractor or any one employed by them or

acting on their behalf (whether with or without the knowledge of the Bidder Supplier Contractor) or the

commission of any offence by the Bidder Supplier Contractor or by any one employed by them or acting

on their behalf which shall be punishable under the Indian Penal Code 1980 andor the Prevention of

Corruption by Public Servants shall entitle Purchaser to cancel the contracts and all or any other contracts

and then to recover from the Bidder Supplier Contractor the amounts of any loss arising from such

contracts cancellation including but not limited to imposition of penal damages forfeiture of Security

Deposit encashment of the Bank Guarantee and refund of the amounts paid by the Purchaser

303 In case it is found to the satisfaction of the Purchaser that the Bidder Supplier Contractor has

engaged an Agent or paid commission or influenced any person to obtain the contract as described in clauses

relating to Agents Agency Commission and use of undue Influence the Bidder Supplier Contractor on a

specific request of the Purchaser shall provide necessary information inspection of the relevant financial

document information

310 IMMUNITY OF GOVERNMENT OF INDIA CLAUSE 311 It is expressly understood and agreed by and between Ms (Bidder Supplier Contractor) and

MAZAGON DOCK SHIPBUILDERS LIMITED Dockyard Road Mumbai - 400 010 (MDL) is entering

into this Agreement solely on its own behalf and not on the behalf of any person or entity In particular it is

expressly understood and agreed that the Government of India is not a party to this Agreement and has no

liabilities obligations or rights hereunder It is expressly understood and agreed that MDL is an independent

legal entity with power and authority to enter into contracts solely in its own behalf under the applicable of

Laws of India and general principles of Contract Law The (Bidder Supplier Contractor) expressly agrees

acknowledges and understands that MDL is not an agent representative or delegate of the Government of

India It is further understood and agreed that the Government of India is not and shall not be liable for any

acts omissions and commissions breaches or other wrongs arising out of the contract Accordingly (Bidder

Supplier Contractor) hereby expressly waives releases and foregoes any and all actions or claims including

cross claims impleader claims or counter claims against the Government of India arising out of this contract

and covenants not to sue Government of India in any manner claim cause of action or thing whatsoever

arising of or under this Agreement

320 EXPORT LICENCE 321 The export licenses that may be required for delivery of the various itemsequipment to MDL shall be

arranged by the Bidder Supplier Contractor from the concerned authorities in their country without any

time amp cost implications on the Purchaser

330 BANNED OR DE-LISTED CONTRACTORS VENDORS 331 The Bidder Vendor Contractor declares that they being Proprietors Directors Partners have not

been any time individually or collectively blacklisted or banned or de-listed by any Government or quasi

Government agencies or PSUs If a bidderrsquos entities as stated above have been blacklisted or banned or delisted

by any Government or quasi Government agencies or PSUs this fact must be clearly stated and it may

not necessarily be a cause for disqualifying him

340 DUTY OF PERSONNEL OF SUPPLIERVENDOR 341 MDL being a Defence Organization Bidder Vendor Contractor undertakes that their personnel

deployed in connection with the entrusted work will not indulge in any activities other than the duties

assigned to them

350 DISPUTE RESOLUTION MECHANISM AND ARBITRATION

351 DISPUTE RESOLUTION MECHANISM (DRM) i) Any disputedifferences between the parties arising out of and in connection with the contract shall be

settled amicably by mutual negotiations

ii) In case of non-settlement by (i) above if at any time before during or after the contract period any

unsettled claim dispute or difference arose between the parties upon or in relation to or in connection with

or in any way touching or concerning this tenderagreementordercontract the same shall be referred to the

concerned Functional Director

The Functional Director shall then nominate an Executive of the rank of General Manager whom he thinks fit

and competent or a Committee of Executives whowhich shall then scrutinise the claimsdisputes that have

been referred to the concerned functional Director and make efforts for amicable settlements by mutual

discussionsnegotiations

iii) In case no amicable settlement is arrived by (ii) above within a period of three months then the contractor

shall approach Public Grievance Cell and address the disputes as per the provisions made under the relevant

GM(M)MTI2000007617Passivation Station

Page 32 of 45

clause of the contract

iv) In case the issuesdisputes do not get settled within a period of six months from the date of

submission of the dispute to the Grievance Cell then the contractor may invoke Arbitration Clause of the

contract

352 ARBITRATION Unresolved disputesdifferences if any shall then be settled by arbitration The

Arbitration proceedings shall be conducted at Mumbai India in English Language under the Arbitration amp

Conciliation Act 1996

MDL prefers to have arbitration through Institutes such as Indian Council of Arbitration (ICA)ICA-DR with

the mutual consent of the parties

353 In case of unresolved differencedispute between the Purchaser and Supplier being Central Public

Sector EnterprisesCentral Govt departments the disputes shall be resolved firstly through mutual discussion

or through the empowered agencies of the Govt or through arbitration by reference by either party to the

department of Public Enterprises as per extant guidelines If disputesdifferences remain

unresolvedunexecuted the same shall be referred first to the Cabinet Secretariat and then if necessary to the

PMO

354 Any changes to arbitration clause must be vetted by HOD (Legal) before incorporation in

contractPO

360 JURISDICTION OF COURTS 361 All contracts shall be deemed to have been wholly made in Mumbai and all claims there under are

payable in Mumbai City and it is the distinct condition of the order that no suit or action for the purpose of

enforcing any claim in respect of the order shall be instituted in any Court other than that situated in Mumbai

City Maharashtra State India ie courts in Mumbai shall alone have jurisdiction to decide upon any dispute

arising out of or in respect of the contract

-----------------------

GM(M)MTI2000007617Passivation Station

Page 33 of 45

Enclosure-4

GENERAL TERMS amp CONDITIONS (GTampC)

A10 Blank

A20 SECURITY DEPOSIT A21 The successful bidder shall submit a Security Deposit 5 of the contract order value (excluding

taxes duties freight service component) of the Order in the form of Demand Draft Bank Guarantee in the

prescribed format in favour of Purchaser within 25 days from date of Contract The Security Deposit will be

returned only after the successful execution of the order contract Refund of Security Deposit whenever

considered admissible by the Purchaser shall be without interest only

A30 FORFEITURE OF EMD BID BOND A31 In cases of withdrawal of bid during validity period or during any extension granted thereof non

acceptance of agreed conditions of Technical and or Commercial and or Price Negotiations non-submission

of the security deposit and or non-acceptance of the order the EMD or bid security will be forfeited or

encashed as the case may be

A40 FORFEITURE OF SECURITY DEPOSIT A41 Non-performance of agreed terms and or defaultbreach by BidderVendorContractor will result in

forfeiture of security deposit with application of risk purchase provisions as felt appropriate by the Purchaser

A50 FORFEITURE OF PERFORMANCE GUARANTEE A51 In the event of BidderVendorContractor failure to attend the Guarantee defects within a reasonable

period of time the Performance Bank Guarantee will be encashed by the Purchaser The Purchaserrsquos decision

shall be final and binding on BidderVendorContractor

A60 SUPPLIES A61 The equipment products items Services to be supplied shall be strictly in accordance with the

Drawings Specifications Requirements indicated in the Tender Enquiry Order with deviations if any as

mutually accepted

A70 PROGRESS REPORTING amp MONITORING A71 Where so stipulated in the order the Bidder Supplier Contractor shall render such reports from time

to time as regards the progress of the contract and in such a form as may be called for by the Purchaser

A80 CANCELLATION OF ORDER A81The Purchaser reserves the right to cancel an order forthwith without any financial implications on either

side if on completion of 50 of the scheduled deliveryCompletion period the progress of

manufactureSupply is not to the satisfaction of Purchaser and failure on the part of the

BidderVendorContractor to comply with the delivery schedule is inevitable In such an event the

BidderVendorContractor shall repay all the advances together with interest at prevailing bank rates from the

date of receipt of such advances till date of repayment The title of any property delivered to Purchaser will

be reverted to the BidderVendorContractor at his cost

A82 In case of breach non-compliance of any of the agreed terms amp conditions of order contract MDL

reserves the right to recover consequential damages from the vendor contractor on account of such

premature termination of contract

A83 In case of delay beyond agreed period for liquidated damages or 10weeks from contractual delivery

period whichever is earlier MDL reserves the right to cancel the order and procure the order items services

from any available source at MDLrsquos option amp discretion and entirely at your risk and cost Extra expenditure

incurred by MDL in doing will be recoverable from Bidder Supplier Contractor

A90 PRESERVATION AND MAINTENANCE

A91 Should any material require any preservation till its final installationfitment the detailed procedure

(Long term amp short term) for the same as also the time of interval after which the state of preservation needs

to be reviewed is to be stated by the BidderVendorContractor

A92 Further the de-preservation prior to the materialequipment being commissioned and the maintenance

procedure together with its periodicity is also to be indicated by the Bidder Vendor Contractor

A93 The Bidder Vendor Contractor in their offer must confirm that indigenous oil lubricants and

preservatives etc can be used in the equipment The bidder must also give assurance that the equipment

performance will not be downgraded by use of indigenous equivalents

A100 FREIGHT amp INSURANCE

A101 For Indigenous Bidders In cases where the offers are for Door Delivery to Purchaser transit freight

amp Insurance charges shall be borne by the Bidder Supplier Contractor In other agreed cases of Ex-works

Ex-Transporters warehouse or Railway godown offers the Bidder Supplier Contractor on dispatch shall

give details of materials with dispatch particulars and their value in time to Purchasers Insurance Company

GM(M)MTI2000007617Passivation Station

Page 34 of 45

on the contact details as provided in the order In such agreed cases the freight amp insurance charges will be

paid by the purchaser directly to the parties concerned

A102 For Foreign Bidders For overseas supplies on CIF port of dispatch basis Transit Insurance shall be

arranged by the Purchaser The Bidder Supplier Contractor shall immediately on despatch of the

items inform all relevant details of despatch such as Order number Bill of LadingAWB number

marked as Freight Paid Insurance policydocument number of packages value of consignment

invoice number in time directly to Purchasers Insurance company amp Purchaser on the contact details

as provided in the order In case of delivery term other than CIFCIP the freight amp insurance charges

will be paid by the purchaser directly to the parties concerned

A110 TAXES amp DUTIES STATUTORY LEVIES A111 Taxes and duties applicable if any shall be regularized by MDL by issuing necessary exemption

certificates in respect of procurement for Defence Projects Bidder shall indicate separately the GST and

duties applicable in their offer When the items qualify for exemption partlyfully but the supplier did not

avail of the same the amount of taxes and duties on such supplies shall be to supplierrsquos account In cases

where exemption certificates are not issued for any reason taxes shall be paid as indicated in the Purchase

OrderContract Tax deduction at source will be effected wherever applicable (eg TDS under Income tax

Act TDS on Works Contract under GST Act etc) from the bills of the Supplier as per statutes Similarly

where payment of Custom duty is agreed to and stipulated in the Purchase Order Contract the same will be

paid by the Purchaser on receipt of supplierrsquos bills along with Custom Certified Duty Paid Challan-Money

Receipt in original or carbon copy as relevant These Challans Receipts Bill of Entry are to be drawn issued

in the name of lsquoMAZAGON DOCK SHIPBUILDERS LIMITEDrsquo only Where payment of GST is agreed to

and stipulated in the Purchase Order Contract the same will be paid by the Purchaser on the basis of

Suppliers TAX INVOICE wherein the GST Number along with HSN SAC code is indicated in the Invoice

A120 DEMURRAGE A121 Storage and Demurrage charges will be payable by the Bidder Vendor Contractor for all shipments

that reach purchaser without proper dispatch documentations Lorry Receipts not accompanied by packing

lists invoices etc The Supplier shall be responsible for fines due to errors or omissions in description weight

or measurements and for increased handling charges due to improper packing

A130 INSPECTION TESTING A131The ordered items will be inspected either by Classification Society Nominated Agency and or by

Inspection Officer nominated by Purchaser at stages defined in the tender Purchase Order or as agreed to be

defined subsequently in terms of the Purchase Order

A132 The decision of the Inspecting Authority or their representatives as the case may be on any question

of the intent meaning and the scope of Specifications Standards shall be final conclusive and binding on

the Bidder Vendor Contractor

A133 The Bidder Vendor Contractor shall accord all facilities to Purchasers Inspectors Nominated

Agency to carry out Inspection Testing during course of manufacture final testing

A140 RECEIPT INSPECTION BY MDL A141 MDL shall carry out necessary inspection of the items on receipt on the basis of an appropriate quality

assurance system and inspection system requirements along with representative of the Owner Any objection

raised by MDL Quality Control Team against quality of materials or workmanship shall be satisfactorily

corrected by the Contractor at his expense including replacement as may be required within shortest possible

time within 30 days Items damaged during transit shall also be rectified replaced by the Contractor within

shortest possible time payment for which shall be made at mutually agreed rates

A150 REJECTION OF MATERIALS A151 Should the articles or any portion thereof of the equipment be found defective rejected the Bidder

Vendor Contractor shall collect the same from the Purchasers Stores all incidental charges being borne by

him (inclusive of Custom duty if payable) within 30 days from the date of intimation to the Bidder Vendor

Contractor of such rejection The Purchaser reserves the right to dispose off the rejected items at the end of

a total period of 90 days in any manner to the best advantage to the Purchaser and recover storage charges

and any consequential damages from sale proceeds of such disposal

A160 TECHNOLOGICAL DEVELOPMENTS MODIFICATIONS

A161 The Bidder Supplier Contractor shall unconditionally and free of cost to the Purchaser transfer

information on technological developments innovations modifications which the BidderSupplier

Contractor would evolve in future (within 3 years) in relation to the supplied equipment To enable this the

Purchasers address shall be added to the Bidder Supplier Contractorrsquos mailing list or database or any other

document maintained for dissemination of product information and the Purchaser shall be informed of the

GM(M)MTI2000007617Passivation Station

Page 35 of 45

action taken in this regard If such improvements modifications are brought in by the Bidder Supplier

Contractorrsquos Design Department in the course of manufacture of equipment ordered by the Purchaser the

Bidder Supplier Contractor shall incorporate such improved versions in the equipment without any extra

cost to the Purchaser under Purchaserrsquos prior consent

A162 If the Purchaser be desirous of getting incorporated all post supply modifications improvements

arising out of technological developments to the original equipment supplied by the Bidder Supplier

Contractor the Bidder Supplier Contractor shall quote for and carry out all such modifications to the

equipment

A163 Where the whole or a portion of the equipment has been specifically developed by the Bidder

Supplier Contractor for the Owner and the latter would through the Purchaser be bearing the entire or part

of the development cost incurred by the Bidder Supplier Contractor the design rights for the whole or

portion thereof of the equipment as appropriate shall vest in the Owners

A164 Prior approval of the Owner should be obtained before similar articles are sold supplied to any other

party other than the Owner If such approval is given and sale is effected the Bidder Supplier Contractor

shall pay to the Owner royalty at the rate mutually agreed to

A165 The Sub-contractor Supplier Supplier shall continue to support the equipment for a minimum period

of 20 years from the date of supply by making available spare parts and assemblies of the equipment

supplied Should the Sub-contractor Supplier Supplier decides to discontinue the product for any reason

whatsoever adequate notice shall be given to the Purchaser Owner to enable procurement of the requisite

lifetime spares

A170 PURCHASERrsquoS RIGHT TO ACCEPT ANY BID PART OF BID AND TO REJECT ANY OR

ALL BIDS A171 The Purchaser reserves the right to accept and or reject any or all tenders and or to withdraw the tender

in Toto and or award the contract order in full or part to more than one vendor contractor without

assigning any reason whatsoever and without thereby incurring any liability to the affected Bidder or Bidders

or any obligations to inform the affected Bidder or Bidders of the grounds for MDL action

A180 BANK GUARANTEE INSURANCE COVER FOR FREE ISSUE MATERIAL A181 The Bidder Supplier Contractor shall furnish Bank Guarantee insurance Cover equivalent to the

value of materials supplied by MDL free of cost valid up to the execution of the contract delivery of

material inspected accepted and receipt at MDL together with the material reconciliation statement

whichever is later

A190 BIDDERrsquoS RESPONSE IN CASE OF NO PARTICIPATION A191 The Sub-contractor Supplier Vendor shall inform the Purchaser in advance in case he is unable to

participate in the tender for whatsoever reason Failure to comply with this will be viewed seriously and

consecutive three failures on the part of Sub-contractor Supplier Vendor to do so is liable for

disqualification debarring of the Sub-contractor Supplier Vendor from all future tender enquiries and or

delisting from the list of Approved Registered Vendors

A230 PREFERENCETIAL PURCHASE FROM MSE VENDORS ndash Not Applicable MDL has right to place order on MSE firm meeting following criteria

In tenders if participating MSEs quoted prices are within price band of L1+15 such MSEs shall also be

allowed to supply a portion up to 20 of requirement by bringing down their prices to L1 price where L1 is

non MSEs If more than 1 MSEs fall under such criteria then this 20 shall be distributed proportionally

This preference shall not be applicable where MSE firm is L1 firm out of 20 percent target of annual

procurement from Micro and Small Enterprises a sub-target of 20 percent (ie 4 percent out of 20 percent)

shall be earmarked for procurement from Micro and Small Enterprises owned by the Scheduled Caste or the

Scheduled Tribe Entrepreneurs In respect of items reserved for MSE extant guidelines shall be followed

Presently Circular No SO 581(E) dated 23032012 is applicable

GM(M)MTI2000007617Passivation Station

Page 36 of 45

Annexure-5

LOADING FACTORS A

Sr

No

Description Foreign Supplier

100 import content

Indigenous

Supplier with part

Import content

Indigenous

Supplier without

Import content

1 Basic Price Quoted

CIF

a a Ex Works

b b Delivered to

MDL Stores

a Ex Works

b Delivered to

MDL Stores

2 Add Insurance Charges Nil In case of 1 (a) In case of 1 (a)

3 Add Sea Air Freight charges

Inland Road Transport Nil In case of 1 (a) In case of 1 (a)

4

Customs Clearance Port

Handling Transportation to

Yard

Applicable NIL NIL

5

Cost (ex-MDL) excluding taxes

amp duties without loading

towards any deviations

CIF price +

SrNo4 Sr Nos (1+2+3) Sr Nos (1+2+3)

B LOADINGS DUE TO VARIATIONS IN FINANCIAL TERM

6 Variation in payment Terms

Varied payment terms quoted by bidders as compared to the terms stated

in the tender document shall be normalized on the amount(s) at variation

and or for the period (in no of days) at variation by adopting the Prime

Lending Rate of State Bank India plus 2 thereon incase of indigenous

bidders and LIBOR EURIBOR rates in case of foreign bidders

7

Income tax amp Service Tax on

Technical Services Service

Engineers liability to MDL

Normalization shall be done in respect of the amount of tax that have to

be borne by the Company

8 Production norms such as

scrap output ndash input ratio

9 Base date for price variation

clause

1

0

Cost (ex-MDL) excluding taxes

amp duties after loading for

variations in financial term

(SR Nos 5 + 6 + 7 + 8 + 9)

C LOADING ON ACCOUNT OF DEVIATIONS IN FOLLOWING COMMERCIAL TERMS

11

Security Deposit Contract

Performance Guarantee Mandatory

12

Equipment Performance

Guarantee Mandatory

13

Additional delivery period

sought over stipulated period as

per Tender

For the additional period sought by the bidder over the stipulated date of

delivery as per tender 050 per week for delayed period will be loaded

to the quoted price if the period under variation does not lead to bid

rejection criteria 14 Additional time sought for

supplying binding data

15 Liquidated damages per week

rate Maximum Ceiling

If bidder seeks less than 5 (Max ceiling) then the difference will be

loaded

The rate of LD per week or part thereof is 05 If bidder seeks say 04

per week or part thereof then Max Ceiling of LD will be equated to

weeks (Say 10 weeks) then LD proposed by bidder works out to 10 X 04

= 4 then 1 will be loaded

16 Warranty Guarantee

Deviations in respect of the period of Warranty shall be loaded to the

quoted price 025 per month or part thereof This does not arise if

the bidder quotes additional price for the differential period

GM(M)MTI2000007617Passivation Station

Page 37 of 45

17

Cost (Ex-MDL) excluding taxes

amp duties after loading for

variations on account of

financial and commercial terms

Sr Nos 10 + 11 + 12 + 13 + 14 + 15 + 16

D LANDED COST

18

Taxes amp Duties

19

Landed Cost Sr Nos 17 + 18

GM(M)MTI2000007617Passivation Station

Page 38 of 45

Annexure-6

LETTER OF CREDIT FORMAT FOR SHIPMENT BY SEA AIR

40A Form of Documentary Credit Type IRREVOCABLE

20 Transaction Reference Number Documentary

Credit Number

31C Date of Issue Date

31D Date and Place of Expiry Date

Place NEGOTIATING BANK

51A Applicant Bank BIC BANKERS OF MDLMUMBAI

50 Applicant Name amp Address MAZAGON DOCK SHIPBUILDERS LTD

DOCKYARD ROAD MAZAGON MUMBAI ndash

400 010

59 Beneficiary Name amp Address

32B Currency Code Amount

Currency

Amount

39A Percentage Credit Amount Tolerance

Tolerance 1

Tolerance 2

41D Available with hellipByhellip Name amp Address

42C Draft at hellip Narrative SIGHTNEGOTIATION

42D Drawee Name amp Address BANKERS OF MDLMUMBAI

43P Partial Shipments Narrative ALLOWEDNOT ALLOWED

43T Transhipment Narrative ALLOWEDNOT ALLOWED

44A Loading on Board Dispatch Narrative AIRPORT SEAPORT (AS PER TENDER

ENQUIRYORDER)

44B For Transportation to Narrative AIRPORT SEAPORT (AS PER TENDER

ENQUIRYORDER)

44C Latest Date of Shipment Date

46A Documents required Narrative (AS PER TENDER ENQUIRY)

47A Additional conditions Narrative 1 ALL DOCUMENTS SHOULD BE MARKED

WITH IEC CODE NO0388070412 LC NO

AND DATE AND IMPORT UNDER NON-

NEGATIVE LIST OF IMPORT EXPORT

POLICY AM

2 DISCREPANT DOCUMENTS TO BE SENT

STRICTLY ON COLLECTION BASIS

71B Details of charges Narrative ALL FOREIGN BANK CHARGES OUTSIDE

INDIA ARE FOR THE BENEFICIARYrsquoS

ACCOUNT

48 Period for presentation

Narrative

WITHIN ----- DAYS FROM THE DATE OF

BILL OF LADING AIRWAY BILL 49 Confirmation instructions

Instruction

WITHOUT

53D Reimbursing Bank

Name amp Address

BANKERS OF MDL WILL SPECIFY

78 Instructions to the Paying Accepting Bank

Narrative

BANKERS OF MDL WILL SPECIFY 72 Sender to Receiver Information

Narrative

BANKERS OF MDL WILL SPECIFY

GM(M)MTI2000007617Passivation Station

Page 39 of 45

Enclosure-7

PROFORMA BANK GUARANTEE FOR BID BOND EMD

(On Non-Judicial stamp paper of value Rs 500-)

IN CONSIDERATION OF MAZAGON DOCK SHIPBUILDERS LIMTED a company incorporated under the Companies Act 1956 and having its registered office at Dockyard Road Mumbai 400010 (hereinafter referred to as

the ldquothe Companyrdquo which expression shall unless it be repugnant or contrary to the subject or context thereof be

deemed to mean and include its successors and assigns) having agreed to accept the Earnest Money Deposit (EMD)

of Rs--------------------------- -------(Rupees-----------------------------only) in the form of Bank Guarantee from Messers

a partnership firmsole proprietor businessa company registered under the Companies Act 1956

having its office at (hereinafter called the tenderer which expression shall unless it be

repugnant or contrary to the subject or context thereof be deemed to mean and include its successors and assigns) for

participating in the Tender nodated (hereinafter called the tender which expression

shall include any amendmentsalterations to the tender issued by the Company) for the supply delivery at site

installation and commissioning of certain equipment itemservicescivil works etc We

Bank having office at (hereinafter referred to as ldquothe Bankrdquo which

expression shall includes its successors and assigns) hereby agree to pay to the Company without any demur on first

demand an amount not exceeding Rs (Rupeesonly) against any loss or damage costs charges and expenses caused to or suffered by the Company by reason of non performance and non-fulfilment or for

any breach on the part of the tenderer of any of the terms and conditions of the said tender

2 We Bank further agree that the Company shall be sole judge whether the said tenderer has

failed to perform or fulfil the said tender in terms thereof or committed breach of any terms and conditions of the

tender the extent of loss damage cost charges and expenses suffered or incurred or would be suffered or incurred by

the Company on account thereof and we waive in the favour of the Company all the rights and defences to which we

as guarantors may be entitled to

3 We Bank further agree that the amount demanded by the Company as such shall be final and

binding on the Bank as to the Bank s liability to pay and the amount demanded and the Bank undertake to pay the

Company the amount so demanded on first demand and without any demur notwithstanding any dispute raised by the

tenderer or any suit or other legal proceedings including arbitration pending before any court tribunal or arbitrator

relating thereto our liability under this guarantee being absolute and unconditional

4 We Bank further agree with the Company that the Company shall have the fullest liberty

without our consent and without affecting in any manner our obligations hereunder to vary any of the terms and

conditions of the said tenderor to extend time of performance by the tenderer from time to time or to postpone for

any time to time any of the powers exercisable by the Company against the tenderer and to forbear to enforce any of

the terms and conditions relating to the tender and we shall not be relieved from our liability by reason of any such

variation or extension being granted to the tenderer or for any forbearance act or omission on the part of the

Company or any indulgence by the Company to the tenderer or by any such matter or things whatsoever which under

the law relating to sureties would have the effect of relieving us

5 We Bank further undertake not to revoke this guarantee during its currency except with

the previous consent of the Company in writing

6 We Bank also agree that the Bankrsquos liability under this guarantee shall not be affected

by any change in the constitution of the tenderer or dissolution or winding up of the business of the tenderer

7 Notwithstanding anything contained herein above

i) Our liability under this guarantee shall not exceed Rs

ii) This Bank Guarantee shall be valid upto and including and

iii) We are liable to pay the guarantee amount or any part thereof under this Bank Guarantee only and only if you

serve upon us a written claim or demand on or before helliphelliphellip (validity + --- weeks from the date of expiry of this

guarantee)

8 This Guarantee shall be governed by Indian laws and the Courts at Mumbai India shall have the exclusive

jurisdiction

GM(M)MTI2000007617Passivation Station

Page 40 of 45

IN WITNESS WHEREOF the Bank has executed this document on this day

of

For Bank

(by its constituted attorney

or the person authorized to sign)

(Signature of a person authorized

to sign on behalf of the Bank)

GM(M)MTI2000007617Passivation Station

Page 41 of 45

Enclosure-8

PROFORMA BANK GUARANTEE FOR SECURITY DEPOSIT (ILLUSTRATIVE FORMAT)

(On Non-Judicial stamp paper of value Rs 500)

IN CONSIDERATION OF MAZAGON DOCK SHIPBUILDERS LIMTED a company incorporated under the

Companies Act 1956 and having its registered office at Dockyard Road Mumbai 400010 (hereinafter referred to as

the ldquothe Purchaserrdquo which expression shall unless it be repugnant or contrary to the subject or context thereof be

deemed to mean and include its successors and assigns) having placed an order on Messers

a partnership firmsole proprietor businessa company registered under the Companies Act 1956

having its office at (hereinafter called the Contractor Supplier which expression shall unless it

be repugnant or contrary to the subject or context thereof be deemed to mean and include its successors and assigns)

vide order No dated (hereinafter called the order which expression shall include any

amendmentsalterations to the order issued by the Purchaser) for the supply delivery at site installation and

commissioning of certain equipment itemservicescivil works etc as stated in the said Order and the Purchaser

having agreed with the ContractorSupplier to accept a Bank Guarantee in lieu of Security Deposit payable under the

said order for the fulfilment and performance of the said order We Bank having

office at (hereinafter referred to as the Bank which expression shall includes its

successors and assigns) hereby agree to pay to the Purchaser without any demur on first demand an amount not

exceeding Rs (Rupeesonly) being 5 of the order value against any loss or damage costs

charges and expenses caused to or suffered by the Purchaser by reason of non performance and non-fulfilment or for

any breach on the part of the Contractor Supplier of any of the terms and conditions of the said order

2 We Bank further agree that the Purchaser shall be sole judge whether the said

contractorSupplier has failed to perform or fulfil the said order in terms thereof or committed breach of any terms

and conditions of the order and the extent of loss damage cost charges and expenses suffered or incurred or would

be suffered or incurred by the Purchaser on account thereof and we waive in the favour

of the Purchaser all the rights and defences to which we as guarantors may be entitled to

3 We Bank further agree that the amount demanded by the Purchaser as such shall be final and

binding on the Bank as to the Bank s liability to pay and the amount demanded and the Bank undertake to pay the

Purchaser the amount so demanded on first demand and without any demur notwithstanding any dispute raised by the

ContractorSupplier or any suit or other legal proceedings including arbitration pending before any court tribunal or

arbitrator relating thereto our liability under this guarantee being absolute and unconditional

4 We Bank further agree with the Purchaser that the Purchaser shall have the fullest liberty

without our consent and without affecting in any manner our obligations hereunder to vary any of the terms and

conditions of the said orderor to extend time of performance by the Supplier from time to time or to

postpone for any time to time any of the powers exercisable by the Purchaser against the Contractor Supplier and to

forbear to enforce any of the terms and conditions relating to the order and we shall not be relieved from our liability

by reason of any such variation or extension being granted to the Contractor Supplier or for any forbearance act or

omission on the part of the Purchaser or any indulgence by the

Purchaser to the ContractorSupplier or by any such matter or things whatsoever which under the law relating to

sureties would have the effect of relieving us

5 We Bank further undertake not to revoke this guarantee during its currency except with

the previous consent of the Purchaser in writing

6 We Bank also agree that the Bankrsquos liability under this guarantee shall not be affected

by any change in the constitution of the Contractor Supplier or dissolution or winding up of the business of the

contractor supplier

7 Notwithstanding anything contained herein above

i) Our liability under this guarantee shall not exceed Rs

ii) This Bank Guarantee shall be valid upto and including and

GM(M)MTI2000007617Passivation Station

Page 42 of 45

iii) We are liable to pay the guarantee amount or any part thereof under this Bank Guarantee only and only if you

serve upon us a written claim or demand on or before helliphelliphelliphellip(validity + ---weeks from the date of expiry of this

guarantee)

8 This Guarantee shall be governed by Indian laws and the Courts at Mumbai India

shall have the exclusive jurisdiction

IN WITNESS WHEREOF the Bank has executed this document on

this day of

For Bank

(by its constituted attorney)

(Signature of a person authorised

to sign on behalf of the Bank)

GM(M)MTI2000007617Passivation Station

Page 43 of 45

Enclosure-9

PROFORMA BANK GUARANTEE FOR PERFORMANCE (ILLUSTRATIVE FORMAT)

(On Non-Judicial stamp paper of value Rs 500-)

IN CONSIDERATION OF MAZAGON DOCK SHIPBUILDERS LIMTED a company incorporated under the

Companies Act 1956 and having its registered office at Dockyard Road Mumbai 400010 (hereinafter referred to as

the ldquothe Purchaserrdquo which expression shall unless it be repugnant or contrary to the subject or context thereof be

deemed to mean and include its successors and assigns) having placed an order on Messers a

partnership firmsole proprietor businessa company registered under the Companies Act 1956 having its Registered

office at (hereinafter called the Contractor Supplier which expression shall unless it be

repugnant or contrary to the subject or context thereof be deemed to mean and include its successors and assigns)

vide order No dated (hereinafter called the order which expression shall include any

amendmentsalterations to the order issued by the Purchaser) for the supply delivery at site installation and

commissioning of certain equipment itemservicescivil works etc as stated in the said Order and the Purchaser

having agreed that the Contractor Supplier shall furnish a security for the performance of the Contractorrsquos

Suppliers obligations andor discharge of the Contractorrsquos Suppliers liability in connection with the said order and

the Purchaser having agreed with the ContractorSupplier to accept a performance guarantee We

Bank having office at (hereinafter referred to as the

Bank which expression shall includes its successors and assigns) hereby agree to pay to the Purchaser without any

demur on first demand an amount not exceeding Rs (Rupeesonly) being 10 of the order

value against any loss or damage costs charges and expenses caused to or suffered by the Purchaser by reason of

non-performance and non-fulfilment or for any breach on the part of the Contractor Supplier of any of the terms and

conditions of the said order

2 We Bank further agree that the Purchaser shall be sole judge whether the said

ContractorSupplier has failed to perform or fulfil the said order in terms thereof or committed breach of any terms

and conditions of the order and the extent of loss damage cost charges and expenses suffered or incurred or would

be suffered or incurred by the Purchaser on account thereof and we waive in the favour of

the Purchaser all the rights and defences to which we as guarantors may be entitled to

3 We Bank further agree that the amount demanded by the Purchaser as such shall be final and

binding on the Bank as to the Bank s liability to pay and the amount demanded and the Bank undertake to pay the

Purchaser the amount so demanded on first demand and without any demur otwithstanding any dispute raised by the

ContractorSupplier or any suit or other legal proceedings including arbitration pending before any court tribunal or

arbitrator relating thereto our liability under this guarantee being absolute and unconditional

4 We Bank further agree with the Purchaser that the Purchaser shall have the fullest liberty

without our consent and without affecting in any manner our obligations hereunder to vary any of the terms and

conditions of the said orderor to extend time of performance by the Supplier from time to time or to postpone for

any time to time any of the powers exercisable by the Purchaser against the Contractor

Supplier and to forbear to enforce any of the terms and conditions relating to the order and we shall not be relieved

from our liability by reason of any such variation or extension being granted to the Contractor Supplier or for any

forbearance act or omission on the part of the Purchaser or any indulgence by the Purchaser to the

ContractorSupplier or by any such matter or things whatsoever which under the law

relating to sureties would have the effect of relieving us

5 We Bank further undertake not to revoke this guarantee during its currency except with

the previous consent of the Purchaser in writing

6 We Bank also agree that the Bankrsquos liability under this guarantee shall not be affected

by any change in the constitution of the Contractor Supplier or

dissolutionhelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

7 Notwithstanding anything contained herein above

i) Our liability under this guarantee shall not exceed Rs

ii) This Bank Guarantee shall be valid upto and including and

GM(M)MTI2000007617Passivation Station

Page 44 of 45

iii) We are liable to pay the guarantee amount or any part thereof under this Bank Guarantee only and only if you

serve upon us a written claim or demand on or before helliphelliphellip (validity + ---weeks from the date of expiry of this

guarantee)

8 This Guarantee shall be governed by Indian laws and the Courts at Mumbai India shall have the exclusive

jurisdiction

IN WITNESS WHEREOF the Bank has executed this document on

this day of

For Bank

(by its constituted attorney)

(Signature of a person authorised

to sign on behalf of the Bank)

GM(M)MTI2000007617Passivation Station

Page 45 of 45

Enclosure-10

Electronic Payment Mandate Form

(MDL Bank details)

Name of the CompanyFirm Mazagon Dock Shipbuilders Limited

Address with Phone no Dockyard Road Mumbai ndash 400010

E-Mail ID

Phone No +91 22 23745310

Fax No

Particulars of Bank Account

Name of the Bank State Bank of India

Name of the Branch Mazagon Dock Mumbai Branch

Branch Code 9054

Bank IFSC NEFT Code SBIN0009054

Bank Address MBPT Workshop building NV Nakhwa Road Mazagon - 400010

City Name Mumbai

Telephone No of Bank +91 22 23752802

9 digit code no of bank amp branch

appearing on the MICR cheque

issued by your bank

400002120

Type of Account Current Account

Account No 10005255246

Income Tax PAN No AAACM8029J

Page 18: Final Tender - Mazagon Dock Shipbuilders...DIVISION-SHIP BUILDING DEPARTMENT-MATERIAL PROCUREMENT Tender no.: GM(M)/MTI/2000007617 for the Engineering, Manufacturing, Supply/Installation,

GM(M)MTI2000007617Passivation Station

Page 18 of 45

are clearly and separately furnished in bid

148 For opening LC all charges outside India shall be borne by the Beneficiary

(supplier) Additional loading of prices (A) Towards charges incurred in LC opening

by MDL and (B) Interest for period of 20 days base rate of SBI+2 on payment

amount is to be considered while evaluating foreign bidders for ranking purpose

15 Ranking of Bids amp Determination of L-1 Bidders Ranking of price bids shall be done on overall L1 basis with exclusive of GST

If any variations in statutory levies the break up in respect of any charges is clearly

and separately furnished in the bid and the MDL is satisfied that the rates of taxes

indicated therein are in line with the tax law so that escalation due to variation in the

taxes can be justifiably considered to the extent legitimately allowable on the base

amount(s) indicated in the bid Therefore bidder is requested to show the break up

regarding taxes as applicable in the bid

Note 1 In case of overseas supplier the ldquoCIF cost+ Inspectiontesting charges+ Installation

Commissioning charges+ custom duty+ IGST (if ITC is not available) + Custom

Clearance +port handling +transportation charges to the yard if any + LC opening

charges + interest for period of 20 days base rate of SBI +2 on payment amount

ldquoshall be the basis for comparison of quoted price Custom duty IGST Custom clearance Port handling transport charges to the yard will be added to CIF cost to

arrive at door delivery cost

2 If Service Component exists in an offer from a foreign vendor then Tax Residency

certificate (TRC) should be submitted with Part I offer If no TRC is submitted then

the enhanced Income Tax rate and Service Tax thereon will be considered while

determining L-1

3 Techno-Commercially Qualified overall lowest bidder exclusive of GST will be

considered for the placement of order 4 On-line Ranking visible to the bidders after opening part II price bid is without

loading parameters However the L1 bidder will be evaluated offline after

consideration of all applicable loading parameters as mentioned in the tender

document and commercial terms

5 In case of any discrepancy in the Blank Rate Schedule Format and actual Online

Price Bid after opening of the Price Bids the details (GST) mentioned in the On-line

Price bids shall prevail over the details in blank rate schedule format

6 ldquoBasic costrdquo is defined as ldquoDoor delivery cost (excluding GST)rdquo which includes

packing amp forwarding Delivery insurance registration charges and any cost involved

as per scope of work towards material and services basic cost of Installation

commissioning and inspection amp testing

7 ITC can be availed by MDL for the items as notified under GST ACT 2017 ITC

can be availed by MDL for registered bidder and for unregistered bidder under

reverse charge mechanism Since no ITC can be availed in case of bidders registered

under composition scheme their quoted cost will be considered for ranking

comparison purpose

16 Consignee The Successful bidders shall arrange dispatch of goods by appropriate Rail Road

Sea Air transport mode as per the order to lsquoEAST YARD STORESrsquo and further to user dept

on working days (Monday to Friday) between 800 hrs to 1500 hrs (Lunch Time 1130 to 1200

hrs) In case trucktempo reaches our yard beyond above time the same may be retained over

night at your risk amp cost

An advance copy of invoices along with other relevant documents shall be forwarded to the

purchaser sufficiently in advance to enable clearance of cargo within allowed demurrage free

days to avoid demurrage In case of door delivery orders the supplier shall categorically direct

the transporter to deliver the ordered items without insisting for consignee copy of the Lorry

Receipt

GM(M)MTI2000007617Passivation Station

Page 19 of 45

17 Modifications to the Bids Bidder desirous of submitting modified bid prior to the closing

date and time may do so online not later than deadline of submission of bids Please note that

modified bid shall be submitted through e-procurement system only Bidder can change the

submitted bid any number of times till the closing time and the last changed bid will be

considered for ranking of the bids

18 PURCHASE PREFERENCE TO MAKE IN INDIA As per Public Procurement Order Ref No P-4502122017-B E-II Dtd 15062017 issued by Govt

of India to encourage ldquoMake in Indiardquo policy Purchase Preference shall be given to local suppliers

in the following manner

(a) The terminology definitions used in the said order is as below

(i) ldquoLocal contentrdquo means the amount of value added in India be the total value of items procured

excluding net domestic indirect taxes) minus the value of imported content in the item (including

all customs duties) as a proportion of the total value in percent

(ii) ldquoLocal Supplierrdquo means a supplier or service provider whose product or service offered for procurement meets the minimum local content as prescribed under the said Order or by the

competent Ministries Department in pursuance of said order A Local Supplier can be an Indian

or Foreign bidder

(iii) ldquoMargin of Purchase Preferencerdquo means the maximum extent to which the price quoted by

local supplier may be above the L1 for the purpose of purchase preference The margin of

purchase preference for the present tender is 20

(b) Minimum local content

(i) The minimum local content in the offer is to be not less than 50 for the present tender for a

bidder to be considered as a Local Supplier

(ii) The local content can be increased through partnerships cooperation with local companies

establishing production units in India or Joint Ventures (JV) with Indian suppliers increasing the

participation of local employees in services and training themrsquo

(iii) On opening of the price bids if it is identified that there is difference in price receive amp

declaration made and local content is now not meeting the specified tender requirement (ie only

on the quoted price without any loading) then such case will be processed without any purchase

preference

(c) Declaration by Local Supplier Local Supplier should declare that the item and service

offered meets the minimum local content amp indicate its percentage in their offer which shall meet

(or even offer more) required content as specified in tender This declaration is necessary even if

Custom Duty Exemption and or ERV (if applicable) are not being sought Following documents

are to be submitted in technical offer ndash

Part-I bid

(i) Local Component list ie Items and services which are being procured produced domestically

by supplier in the system equipment service offered against tender This list shall include all the

components raw materials sub services etc

(ii) Foreign Imported Component list ie Items and services which are being supplied by bidder

from outside India in the system equipment service offered against tender This list shall include

all the components raw materials sub services etc

(iii) Bidders shall give the details of the location(s) at which the local value addition is made

Additionally location(s) details from where foreign imported components are being supplied be

also informed

(iv) Bidders shall give the price break-up in percentage for ldquoLocal Componentrdquo and ldquoForeign

Imported Componentrdquo

(v) Custom duty applicable on FE component for all foreign items (vi) The Local Suppliers are required to provide self-certification as per Annexure-11

Note In cases of procurement for value in excess of Rs 10 Crores the local supplier shall be required to

provide a certificate from statutory auditor or cost auditor of the company (in case of companies)

or from a practicing cost accountant or practicing charted accountant (in respect of supplier other

GM(M)MTI2000007617Passivation Station

Page 20 of 45

than companies) giving the percentage of local content amp applicable item wise custom duty

Once the declaration certification is committed at tender submission stage the same cannot be

altered at technical negotiation stage or after award of contract otherwise would be treated

considered as false declaration by bidder

In the event of bidders not declaring or declaring less local content percentage in the offer MDL

will consider quote bid of such bidders with local content as ldquo0rdquo or ldquoNILrdquo ie the offers of such

bidders will be treated as a ldquoNon Local Supplierrdquo where no purchase preference shall be granted to these bidders

(d) If the Local Supplier is also a MSE Vendor seeking the benefit of Public Procurement Policy

for MSEs Order 2012 then such bidders should not seek benefits against the Preference to Make

in India policy ndash Order 2017 Such bidders should categorically seek benefits of only one policy

which cannot be modified subsequently once declared in the Annexure-A referred above while

submitting the bid

(e) Custom duty issue Imported FE content is inclusive of all custom duties which is required

for arriving local content Bidders to note the following about declaration of FE Content

(i) All bidders should upfront declare line item wise custom duty duly certified Such declared

custom duty percentage will only be considered for arriving local content

(ii) In the event if the rate of custom duty is found higher than the declared custom duty by bidder

then the bidderrsquos declaration shall be final for arriving L1 bid Also in such case the difference in

custom duty would be to bidders account In case of foreign bidders the same would be to bidders

account and shall not be borne or reimbursed by Shipyard

(iii) In the event of rate of custom duty happens to be lower at the time of clearance of goods then

actual custom duty shall be payable

(iv) Notwithstanding above local content shall be calculated based on the declared custom duty by

the bidder in techno-commercial bid

(f) Preference to Local Supplier The following procedure will be adopted for deciding on

preference to Local Supplier over a non-local supplier wrt Public Procurement (Preference to

Make in India) order 2017

(i) Among all qualified bids the lowest bid will be termed as L1 If L1 is from a local supplier the

contract will be awarded to L1

(ii) If L1 is not from a local supplier the lowest bidder among the local suppliers will be invited

to match the L1 price subject to local supplierrsquos quoted price falling within the margin of purchase

preference and contract shall be awarded to such local supplier subject to matching the L1 price

(iii) In case such lowest eligible local supplier fails to match the L1 price the local supplier with

the next higher bid within the margin of purchase preference shall be invited to match the L1 price

and so on and contract shall be awarded accordingly In case none of the local suppliers within the

margin of purchase preference matches the L1 price then the contract may be awarded to the L1

bidder

(g) Preference between LS and MSE Bidder This clause is applicable only if line items are

separable and MSE preference clause is also applicable Between the MSE and Local

Supplier the MSE bidder will be given preference to match with L1 bidder as per Public Procurement Policy for MSEs Order 2012 MSE vendor will be evaluated with L1+15 MSE

doesnrsquot fall under Public Procurement (Preference to Make in India) Order 2017 Local Supplier

will be evaluated with L1+20 (Margin of Purchase Preference ordinary) as per Public

Procurement (Preference to Make in India) Order 2017

(h) After the contract is awarded and the supplies are completed each supplier shall provide the supporting documentation towards realization of committed Local Content as per the contract

order terms amp conditions

In addition to these documents a ldquoLocal content certificaterdquo also shall be submitted stating the

percentage of local content in the items or services measured The ldquoLocal content certificaterdquo shall

be submitted along with the invoice

Note In cases of procurement for value in excess of Rs 10 Crores the local supplier shall be

required to provide a certificate from statutory auditor or cost auditor of the company (in case of

GM(M)MTI2000007617Passivation Station

Page 21 of 45

companies) or from a practicing cost accountant or practicing charted accountant (in respect of

supplier other than companies) giving the percentage of local content

(i) False declaration will be in breach of Code of Integrity under Rule 175(1)(i)(h) of GFR 2017

for which a bidder or its successor can be debarred for up to 2 years as per Rule 151(iii) of GFR

2017 along with such other actions as may be permissible under law

(j) Complaints Grievance Any complaints grievances relating to implementation of this order

shall be taken up by Public Grievance Cell of MDL headed by GM(F-PampS) Fees for filing a complaint under the order shall be Rs 10000- per case The complaints shall be filed to the

Chairman Public Grievance Cell The fee shall be deposited in MDLrsquos Account by NEFT

19 Public Grievance Cell A Public Grievance Cell headed by ED (East Yard) has been set up in

the Company Members of public having complaints or grievances are advised to contact him

on Wednesday between 1000 hours and 1230 hours in his EY-office MAZAGON DOCK

SHIPBUILDERS LIMITED Dockyard Road Mumbai - 400010 (022 ndash 23763506 23738368)

or send their complaints grievances to him in writing for redressal

20 Supply on MDL Holidays Request for permission for delivery on Saturday Sunday

holidays if required should be submitted 3 working days prior to the date of holiday to

Personnel department and Security through concerned Dept

21 Liquidated Damages Time is an essence of the contract therefore the job as ordered should be

completed on the dates mutually agreed upon in accordance with the delivery schedule In cases

of delay not attributable to Purchaser beyond the agreed schedule the Successful bidder shall pay

liquidated damages a sum representing 05 (Half per cent) per week or part thereof subject to

maximum of 5 of the final Order Contract value Vendor Contractor (Seller) will also be liable

to pay Liquidated Damages for late delivery of Manuals Drawings and Documentation as agreed

to by Purchaser and Vendor Contractor (Seller) and as stated in the Purchase Order The amount

of such damages will be clearly defined in the Purchase Order and may extend up to 5 of the

Order Value excluding taxes Applicability of LD will be considered as below -

1) Delay in manufacturing and supplydelivery of machinematerialitemsequipments at

MDL after dispatch clearance beyond specified schedule will attract LD 05 per week

or part thereof subject to maximum of 5

2) Delay in Installation trial Commissioning amp Training at MDL as per Work

completion date as certified by MDL user dept beyond specified schedule will attract

LD 05 per week or part thereof subject to maximum of 5 as per order

22 Hindrance Register All hindrances with date of occurrences and removal shall be noted in the

Hindrance Register The Hindrance Register shall be signed by the representatives of both MDL

as well as Contractor

23 Security Deposit (SD) The successful bidders shall have to submit Security Deposit for an

amount of 5 of the Order value excluding GST etc electronically through NEFT RTGS or

in the form of Bank Guarantee drawn in favor of MAZAGON DOCK SHIPBUILDERS

LIMITED Mumbai from the list of Banks approved by SBI Canara Bank published on MDL

Website within 25 days from the date of Order amp must be valid up to contract period plus one

month No interest will be paid on Security Deposit Please note that MDL does not extend any

concession such as exemption in payment of Security Deposit etc to any organization

irrespective of their status like registration with MDL NSIC SSI and MSME etc In case of

failure to submit Security Deposit within 25 days from the date of order placement EMD

submitted will be encashed and risk purchase clause would be invoked The Security Deposit

will be returned only after successful execution of the order and shall be interest free In the

event of failure to execute the order satisfactorily the Security Deposit will be encashed by

MDL If order is fully executed within 25 days from the date of purchase order submission of

security deposit is not applicable For delayed period of submission of SD beyond 25 days

from date of order bidder has to pay applicable interest In case the bidder is Indian Public

Sector Unit they shall submit the indemnity bond instead of Security Deposit Bidders may

advise their bankbanker to send BG directly to commercial department or through SWIFT to

dispense with additional step of verification of authenticity of signatories In case of BG

GM(M)MTI2000007617Passivation Station

Page 22 of 45

transmitted through SWIFT it shall be the responsibility of the bidder that he directs the

receiving banker to forward the message For delayed period of submission of SD beyond 25

days from date of order interest will be recovered as mentioned below

For Indian suppliers it will be SBAR plus 2 and EUROBORLIBOR plus 2 for Foreign

bidder Security Deposit will be returned only after successful execution of the order and shall

be interest free In the event of failure to execute the order satisfactorily the Security Deposit

will be encashed by MDL PSUs can submit Indemnity bond in lieu of Security deposit Bidders can submit SD amount

by using payment gateways through MDL website

24 Delivery ScheduleWork Completion Schedule and delivery term (For foreign bidders) The

entire scope of work ie Design manufacture Supply Installation Commissioning STW amp

Training to be completed within 6 months from the date of receipt of PO

1) Supplydelivery of machineItemsEquipmentsspares at MDL = within 20 weeks (CIF delivery) and

2) Time for transportation amp custom clearance time = 2 weeks

3) Installation Trials Training and Commissioning = Within 2 weeks

Delivery Term (1) Supply For Indigenous bidder Door DeliveryFOR MDL GRS Stores

For Overseas Bidder CIF Port of destination (Mumbai)

(2) Installation Commissioning STW Training -

For Overseas Bidders At MDL site

Training to be imparted to Non-executives-04 Nos for 7 days (1 week)

Delivery ScheduleWork Completion Schedule and delivery term (For Indigenous bidders) The entire scope of work ie Design manufacture Supply Installation Commissioning STW amp

Training to be completed within 6 months from the date of receipt of PO

1) Supplydelivery of machineItemsEquipmentsspares at MDL = within 22 weeks (CIF

delivery) and

2) Installation Trials Training and Commissioning = Within 2 weeks

Delivery Term (1) Supply For Indigenous bidder Door DeliveryFOR MDL GRS Stores

For Overseas Bidder CIF Port of destination (Mumbai)

(2) Installation Commissioning STW Training - For Indigenous Bidders At MDL site

Training to be imparted to Non-executives-04 Nos for 7 days (1 week)

25 Assistance for Installation Testing Commissioning Maintenance amp other Technical

activities 1 Services of engineersManpower in connection with assistance of delivery

loadingunloading installation setting-in-work testing tuning commissioning

training to be considered in the scope of supply

2 All machinery equipments Oxygenother fuel gas for cutting fork lift welding Tools

amp Tackles accessories spares Chemicals consumables Special tools Fixtures and

tackles Workshop and fabrication shop Calibration facility Local transportation and

Internal Transportation storage amp preservation materials Ist fill of Oil lubricants

grease amp other resources etc required for Installation commissioning work to be

arranged by contractor Crane facility for unloading the equipment at the site Space water compressed air and electric Power will be provided by MDL

During Guarantee Warranty period the entire maintenance repair job shall be carried out by

experienced service engineers amp technicians The supply of all necessary tools tackles and

instruments required for the preventive and breakdown maintenance of the equipment covered

by this contract shall be in contractorrsquos scope No sub-contracting will be allowed

26 Spares Post sale product support 1 The Bidder shall assure a continuous supply of spare parts for at least 10 years from

GM(M)MTI2000007617Passivation Station

Page 23 of 45

the date of commissioning of the machine at MDL

2 List of Service centers amp Setup details to be provided

3 Standard accessories required for making itemequipmentmachine operational amp

ready to use should be included in the scope of supply

4 All defective parts spares can either be repaired or replaced by new parts Spares

replaced will be either of same make or equivalent as suggested by the OEM after

consultation with MDL However the total responsibility of the quality of spares supplied or parts repaired shall be with the Contractor

3 If any defective partitemequipment required to be taken out to the service center by

the firm for the further repairing the firm shall be asked to submit the necessary

indemnity bondBG as required Taking out defective partitemequipment from MDL

and bringing back repaired part item equipment to MDL is in the firmrsquos scope of

work The firm has to bear all the transportation charges amp transit insurance

27 Inspection - (a) Receipt Inspection by MDL- MDL inspection cell amp User dept shall carry out necessary

inspection of the items on receipt in the MDL Yard on the basis of an appropriate MDL

Inspection system requirement along with the representative of user dept amp the Inspection

documents submitted by suppliers Any objection raised by MDL inspection team against

quality of material or workmanship shall be satisfactorily corrected by the supplier at his

expenses including replacement as may be required within shortest possible time within 30

days Items damaged during transit shall also be rectified or replaced by the supplier within

shortest possible time

(b) Rejection of the material Any portion of the equipment found defectiverejected the

supplier shall collect the same at his cost from the MDL Yard all incidental charges being

born by supplier (inclusive of custom duty if payable) within 30 days from the date of

intimation to the supplier of such rejection The MDL reserves the rights to dispose off the

rejected item at the end of a total period of 90 days in any manner to the best advantage to the

MDLamp recover storage charges amp any consequential damages from sale proceeds of such

disposal

(c) Final work completion certificate in respect of completion of entire scope of work will be

certified by MDL user dept

28 Purchase Preference for MSE - NA

29 Risk Purchase amp Cancellation of Order (a) If the equipment article service or any portion thereof be not delivered performed by

the scheduled delivery date period any stoppage or discontinuation of ordered supply

awarded contract without written consent by Purchaser or not meeting the required quality

standards the Purchaser shall be at liberty without prejudice to the right of the Purchaser

to recover Liquidated Damages penalty as provided for in these conditions or to any

other remedy for breach of contract to terminate the contract either wholly or to the extent

of such default Amounts advanced or part thereof corresponding to the undelivered

supply shall be recoverable from the Contractor Bidder at the prevailing bank rate of interest

(b) The Purchaser shall also be at liberty to purchase manufacture or supply from stock as it

deems fit other articles of the same or similar description to make good such default and

or in the event of the contract being terminated the balance of the articles of the

remaining to be delivered there under Any excess over the purchase price cost of

manufacture or value of any articles supplied from the stock as the case may be over the

contract price shall be recoverable from the Bidder Vendor Contractor

(c) The Purchaser reserves the right to cancel an order forthwith without any financial

implications on either side if on completion of 50 of the scheduled deliveryCompletion

period the progress of manufactureSupply is not to the satisfaction of Purchaser and

failure on the part of the BidderVendorContractor to comply with the delivery schedule

is inevitable In such an event the BidderVendorContractor shall repay all the advances

GM(M)MTI2000007617Passivation Station

Page 24 of 45

together with interest at prevailing bank rates from the date of receipt of such advances till

date of repayment The title of any property delivered to Purchaser will be reverted to the

BidderVendorContractor at his cost

(d) In case of breach non-compliance of any of the agreed terms amp conditions of order

contract MDL reserves the right to recover consequential damages from the vendor

contractor on account of such premature termination of contract

(e) In case of delay beyond agreed period for liquidated damages or 10weeks from

contractual delivery period whichever is earlier MDL reserves the right to cancel the

order and procure the order items services from any available source at MDLrsquos option amp

discretion and entirely at your risk and cost Extra expenditure incurred by MDL in doing

will be recoverable from Bidder Supplier Contractor

30 Freak Low Quotes In case after opening of price bid of technically cleared firms it is noted that L-1 firm has quoted very low rates and indicates to withdraw from the tender then EMD shall be

forfeited and firm may be given tender holiday including intimation to other PSUs If the rates

quoted are less than MDL estimates by 40 or so and if the difference in rate between L1 and L2

is 30 or more than the firm will have to give additional BG of 20 of the PO value excluding

GST as additional security Bank charges for this additional BG shall be borne by MDL and

reimbursed against proof of payment

31 Indemnity - The Bidder Vendor Contractor his employees licencees agents or Sub-Vendor

Sub-contractor while on site of the Purchaser for the purpose of this contract indemnifies the

Purchaser against direct damage and or injury to the property and or the person of the Purchaser or

that of Purchasers employees agents Sub- Contractors Suppliers occurring and to the extent

caused by the negligence of the Bidder Vendor Contractor his employees licencees agents or

Sub-contractor by making good such damages to the property or compensating personal injury

and the total liability for such damages or injury shall be as mutually discussed and agreed to

You shall hold harmless and keep MDL indemnified against all claims arising as a result of

infringement of any patent rights on account of manufacture sale or use of article covered by

the order

32 MDL reserves the right to consider placement of Order Contract in part or in full against the

tendered quantity or item MDL reserves the right to place order on FOB or CIF basis

33 MDL shall not be bound by any printed conditions or provisions in the sellers bid forms or

acknowledgement of contract invoices packing list and any other documents which purport to

impose any conditions at variance with the tender terms final negotiated amp accepted terms

34 Bidders can participate in online bidding

a) By registering with above referred portal for User ID and password

b) By obtaining class III DSC (Digital Signature Certificate) for secured bidding

35 In case of improper on-line filling of Acceptance Formats for Tender Enquiry Form General

Terms amp Conditions (GTampC) and Standard Terms amp Conditions (STACS) it shall be

presumed that all our tender terms amp conditions are acceptable to you

36 In case of any clarifications bidders are requested to contact the undersigned before the closing

date of the tender Bidders can also contact toll-free customer help line of e-procurement portal

httpseprocuremdlnicin ASP on email id eproc-supportgovin Ph no 0120-4200462 0120-

4001002

Bidders intending to witness the Tender opening shall log on to httpseprocuremdlnicin

using digital signatures for witnessing the opening

GM(M)MTI2000007617Passivation Station

Page 25 of 45

37 We look forward to your participation in on-line bidding by offering your most competitive

and reasonable bid against this tender

Yours faithfully

For MAZAGON DOCK LIMITED

M Tanweer Iqbal

CM(C-MP)

Enclosure - 1 Instructions to the Bidders

Enclosure - 2 Illustrative format amp guideline for quoting prices in online Price Bid

Enclosure - 3 Standard Terms amp Conditions (STACS)

Enclosure - 4 General Terms amp Conditions (GTampC)

Enclosure - 5 Loading Factors

Enclosure - 6 Format of Letter of Credit

Enclosure 7 Bank Guarantee Format for EMD

Enclosure 8 Bank Guarantee Format for SD

Enclosure 9 Bank Guarantee Format for PBG

Enclosure - 10 MDL bank details for NEFTRTGS EMDSD transfer

Enclosure 11 Shipping Instruction for Sea amp Air Consignments

Note These Enclosuredocuments to be down loaded from our Website under below linkpath-

wwwmazagondockgovin gt Tenders gt Shipbuilding gt ldquoEnclosures Related to Tender Documents from Material

Purchase Deptrdquo

GM(M)MTI2000007617Passivation Station

Page 26 of 45

Enclosure ndash 1

Instructions to the Bidders for uploading the Techno-Commercial Bid and the Price Bid through E-

Procurement Portal

bullbullbullbull Official service provider for the website is NIC

E-mail eproc-supportgovin Office Ph No 0120-4200462 0120-4001002 Ph No +91-8826246593

bullbullbullbull Pre-requisites for up-loading the Techno-Commercial Bid

(i) Compatible computer hardware software set-up to access e-procure website

(ii) ldquoDigital Signature Certificaterdquo class III B (DSC) is a must for downloading the tender and uploading

the techno commercial offer from our website httpseprocuremdlnicin

(iii) ldquoDigital Signature Certificaterdquo class III B (DSC) can be obtained from our service provider

bullbullbullbull To ensure availability of above prerequisite is bidders responsibility

(i) It is mandatory to upload the complete techno-commercial offer and the price bid on e-

procurement

(ii) No part of the bid other than original EMD (if applicable) shall be accepted physically hard copy

outside e-procurement

(iii) Price bids shall strictly be uploaded in appropriate allotted place in the tender available in e-

procurement so that it remains secured encrypted unreadable in the system

(iv) In no circumstances the price bids shall be forwarded or uploaded in any other form

(v) Entire responsibility of the uploading of the complete techno-commercial bid along with the price

bid shall be that of the bidder

(vi) No request complaint shall be entertained after the due datetime of the tender

(vii) Non availability of any of the prerequisites or last minute calls seeking clarifications projecting

problems shall not entitle a bidder to seek request for extension of due date

(viii) Any problem with regard to uploading of the tender shall be intimated to NIC at least 24 hours in

advance to the tender closing time amp date However it will not be considered as reason for extension

of due date of the tender

(ix) Request for extension if at all to be made shall be forwarded at least 3 working days in advance to

the tender closing date time with proper reasoning The request shall be put up to the competent

authority for consideration on the merit of the case MDL reserves all rights in this regard amp decision

of MDL shall be binding to the applicant

It is important to note that the bidders can upload their bids right from the time the tender is available

at website It is advisable that the bidder uploads the bid well in time rather than wait till last minute

to avoid situations wherein he is unable to successfully upload the bid for various reasons which

cannot be addressed then due to lack of time

bullbullbullbull Special instructions to Bidders for online bidding

GM(M)MTI2000007617Passivation Station

Page 27 of 45

(i) Bidders should login well in advance to enable them to complete their bid submission before the

closing time of the tender

(ii) Bidders should submit their bid well in advance to avoid last minute frantic calls

(iii) Bidders should follow all the instructions enlisted on the front page of e-procure web page

(iv) Bidders should ensure Hardware amp Software compatibility as well as Digital Signature available on

front page of e-procure web site Request for extension of due date shall not be entertained due to

non-availability of these tools

bullbullbullbull Bidders to participate in on-line bidding

(i) By registering with above referred portal for User ID and password

(ii) By obtaining class III DSC (Digital Signature Certificate) for secured bidding

NOTE In case any vendor intending to respond against the tender and is not having the DSC to facilitate

uploading of his bid should approach the Service Provider at least 10 working days in advance of the tender

closing date requesting DSC The request so made to the Service Provider should simultaneously be

forwarded to MDL Dealing Officer In case the DSC is not received within 3 to 4 working days the GM (M)

be informed and the DSC if not received from the Service Provider three working days in advance for

suitable extension to tender closing date then only the tender due date shall be considered

GM(M)MTI2000007617Passivation Station

Page 28 of 45

Annexure-2

Illustrative format amp guideline for quoting prices in online Price Bid

Below format of price bid will appear online Indigenous bidders to follow instructions given in each respective

cell while quoting their cost in online price bid -

Item Sr no 1

Material Description As per clause No 1

Quantity As per clause No 1

Set Set

Currency INR USD EURO

For Indian Bidder Basic Unit Rate in INR only

For Foreign Bidder CIF Rate to be entered by the foreign

currency

To be quoted

of CGST+SGST or IGST on Basic rate To be quoted

Installation Commissioning Charges per Unit To be quoted

of CGST+SGST or IGST on Installation Commissioning

Charges To be quoted

Inspection Testing Charges per Unit To be quoted

of CGST+SGST or IGST on Inspection Testing Charges To be quoted

GM(M)MTI2000007617Passivation Station

Page 29 of 45

Enclosure-3

STANDARD TERMS AND CONDITIONS (STACS) 101 The word Purchaser refers to MAZAGON DOCK SHIPBUILDERS LIMITED (MDL) a Company

registered under the Indian Companies Act 1913 and it includes its successors or assignees

102 The word BidderVendorContractor means the person firm Company who undertakes to

manufacture and or supply and or undertake work of any nature assigned by the Purchaser from time to time

and includes its successors or assignees

103 The word Owner means the person or authority with whom MAZAGON DOCK SHIPBUILDERS

LIMITED (Purchaser) has contracted to carry out work in relation to which orders are placed by the

Purchaser on the BidderVendorContractor under this contract for supply or manufacture of certain items

and would include Department of Defence Production Ministry of Defence Government of India the Indian

Navy the Coast Guard and any other specified authority

120 GENERAL 121 Unless otherwise indicated specifically by the bidder contractor in his bid it shall be construed as his

acceptance of all the conditions mentioned in this STACS

200 COMMUNICATION amp LANGUAGE FOR DOCUMENTATION 201 Any letter facsimile message e-mail intimation or notice sent to the BidderVendorContractor at the

last known address mentioned in the offer order shall be deemed to be valid communication for the purpose

of the ordercontract Unless stated otherwise by the purchaser Language for communication amp all

documentation shall be same which the Purchaser has used in the tender enquiry

210 PURCHASERrsquoS PROPERTY 211 All property (such as materials drawings documents etc) issued by the Purchaser or any other

individual or firm on behalf of the Purchaser in connection with the contract shall remain confidential being

the property of the Purchaser and the BidderVendorContractor shall undertake to return all such property so

issued and will be responsible for any or all loss thereof and damage thereto resulting from whatever causes

and shall reimburse the Purchaser the full amount of loss and damage

212 On completion of work in any compartment location of the purchaserrsquos premises the

BidderSupplierContractor must ensure that the place is left in a reasonably clean state and all scrap is

transferred to nearby scrap-bins

220 RISK PURCHASE 221 If the equipment article service or any portion thereof be not delivered performed by the scheduled

delivery date period any stoppage or discontinuation of ordered supply awarded contract without written

consent by Purchaser or not meeting the required quality standards the Purchaser shall be at liberty without

prejudice to the right of the Purchaser to recover Liquidated Damages penalty as provided for in these

conditions or to any other remedy for breach of contract to terminate the contract either wholly or to the

extent of such default Amounts advanced or part thereof corresponding to the undelivered supply shall be

recoverable from the Contractor Bidder at the prevailing bank rate of interest

222 The Purchaser shall also be at liberty to purchase manufacture or supply from stock as it deems fit

other articles of the same or similar description to make good such default and or in the event of the contract

being terminated the balance of the articles of the remaining to be delivered there under Any excess over the

purchase price cost of manufacture or value of any articles supplied from the stock as the case may be over

the contract price shall be recoverable from the Bidder Vendor Contractor

230 RECOVERY ADJUSTMENT PROVISIONS 231 Payment made under one order shall not be assigned or adjusted to any other order except to the extent

agreed upon in writing by the Purchaser During the currency of the contract if any sum of money is payable

by the Bidder Vendor Contractor the same shall be deducted from any sum then due or thereafter may

become due to the Bidder Vendor Contractor under the contract or any other contract with the Purchaser

240 ADDITIONAL BANK GUARANTEE In case after opening of price bid of technically cleared firms it is noted that L-1 firm has quoted very low

rates and indicates to withdraw from the tender then EMD shall be forfeited and firm may be given tender

holiday including intimation to other PSUs If the rates quoted are less than MDL estimates by 40 or so and

if the difference in rate between L1 and L2 is 30 or more then the firm will have to give additional BG of

20 of the PO value as additional security Bank charges for this additional BG shall be borne by MDL and

reimbursed against proof of payment

250 INDEMNIFICATION 251 The Bidder Vendor Contractor his employees licencees agents or Sub-Vendor Sub-contractor

while on site of the Purchaser for the purpose of this contract indemnifies the Purchaser against direct

GM(M)MTI2000007617Passivation Station

Page 30 of 45

damage and or injury to the property and or the person of the Purchaser or that of Purchasers employees

agents Sub- Contractors Suppliers occurring and to the extent caused by the negligence of the Bidder

Vendor Contractor his employees licencees agents or Sub-contractor by making good such damages to the

property or compensating personal injury and the total liability for such damages or injury shall be as

mutually discussed and agreed to

260 TRANSFER OF VENDORS CONTRACTORrsquoS RIGHTS 261 The Bidder Vendor Contractor shall not either wholly or partly sell transfer assign or otherwise

dispose of the rights liabilities and obligations under the contract between him and the Purchaser without

prior consent of the Purchaser in writing

270 SUBCONTRACT amp RIGHT OF PURCHASER 271 The Bidder Vendor Contractor under no circumstances undertake or subcontract any work contract

from or to any other Sub-contractor without prior written approval of the Competent Authority of Purchaser

In the event it is found that such practice has been indulged in the contract is liable to be terminated without

notice and the Bidder Vendor Contractor is debarred all from future tender enquiries work orders

However in no circumstances a contractor is permitted to subcontract any part of the contract to the bidders

who had quoted for the concerned tender

280 PATENT RIGHTS 281 The Bidder Vendor Contractor shall hold harmless and keep the Purchaser indemnified against all

claims arising as a result of infringement of any patent copy rights on account of manufacture sale or use of

articles covered by the order

290 AGENTS AGENCY COMMISSION

291 The seller confirms and declares to the buyer that the seller is the original manufacturer or authorized

distributorstockiest of original manufacturer of the stores referred to in this contract and has not engaged any

individual or firm whether Indian or foreign whatsoever to intercede facilitate or in any way to

recommended to the Buyer or any of its functionaries whether officially or unofficially to the award of the

Contract Purchase order to the Seller nor has any amount been paid promised or intended to be paid to any

such individual or firm in respect of any such intercession facilitation or recommendation The Seller agrees

that if it is established at any time to the satisfaction of the Buyer that the present declaration is in any way

incorrect or if at a later stage it is discovered by the Buyer that the Seller has engaged any such

individualfirm and paid or intended to pay any amount gift reward fees commission or consideration to

such person party firm or institution whether before or after the signing of this Contract Purchase order

the Seller

will be liable to refund that amount to the Buyer

Tender no GM (M)GRA2000007246 Page 16 of 26

The seller will also be debarred from participation in any RFQTender for new projectsprogram with Buyer

for a minimum period of five years

The buyer will also have a right to consider cancellation of the Contract either wholly or in part without any

entitlement or compensation to the Seller who shall in such event be liable to refund all payments made by

the buyer in terms of the Contract along with interest at the rate of 2 per annum above LIBOR (London

Inter Bank Offer Rate) (for foreign vendors) and base rate of SBI plus 2 (for Indian Vendors)

The Buyer will also have the right to recover any such amount from any contracts concluded earlier with

Buyer

300 USE OF UNDUE INFLUENCE CORRUPT PRACTICES

301 The Bidder Supplier Contractor undertakes that he has not given offered or promised to give directly

or indirectly any gift consideration reward commission fees brokerage or inducement to any person in

service of the Purchaser or otherwise in procuring the contract or forbearing to do or for having done or

forborne to do any act in relation to the obtaining or execution of the Contract with the Purchaser for showing

or forbearing to show favour or disfavour to any person in relation to the Contract or any other Contract with

the Purchaser Any breach of the aforesaid undertaking by the Bidder Supplier Contractor or any one

employed by him or acting on his behalf (whether with or without the knowledge of the Bidder Supplier

Contractor) or the commission of any offence by the Bidder Supplier Contractor or any one employed by

him or acting on his behalf as defined in Chapter IX of the Indian Penal Code 1980 or the Prevention of

Corruption Act 1947 or any other Act enacted or the prevention of corruption shall entitle the Purchaser to

cancel the contract and all or any other contracts with the Bidder Contractor Supplier and recover from the

Bidder Supplier Contractor the amount of any loss arising from such cancellation Decision of the

Purchaser or his nominee to the effect that a breach of the undertaking has been committed shall be final and

binding on the Bidder Supplier Contractor

302 The Bidder Supplier Contractor shall not offer or agree to give any person in the employment of

GM(M)MTI2000007617Passivation Station

Page 31 of 45

Purchaser any gift or consideration of any kind as Inducement or reward for doing or forbearing to do or

for having done or forborne to do any act in relation to the obtaining or execution of the contracts Any

breach of the aforesaid condition by the Bidder Supplier Contractor or any one employed by them or

acting on their behalf (whether with or without the knowledge of the Bidder Supplier Contractor) or the

commission of any offence by the Bidder Supplier Contractor or by any one employed by them or acting

on their behalf which shall be punishable under the Indian Penal Code 1980 andor the Prevention of

Corruption by Public Servants shall entitle Purchaser to cancel the contracts and all or any other contracts

and then to recover from the Bidder Supplier Contractor the amounts of any loss arising from such

contracts cancellation including but not limited to imposition of penal damages forfeiture of Security

Deposit encashment of the Bank Guarantee and refund of the amounts paid by the Purchaser

303 In case it is found to the satisfaction of the Purchaser that the Bidder Supplier Contractor has

engaged an Agent or paid commission or influenced any person to obtain the contract as described in clauses

relating to Agents Agency Commission and use of undue Influence the Bidder Supplier Contractor on a

specific request of the Purchaser shall provide necessary information inspection of the relevant financial

document information

310 IMMUNITY OF GOVERNMENT OF INDIA CLAUSE 311 It is expressly understood and agreed by and between Ms (Bidder Supplier Contractor) and

MAZAGON DOCK SHIPBUILDERS LIMITED Dockyard Road Mumbai - 400 010 (MDL) is entering

into this Agreement solely on its own behalf and not on the behalf of any person or entity In particular it is

expressly understood and agreed that the Government of India is not a party to this Agreement and has no

liabilities obligations or rights hereunder It is expressly understood and agreed that MDL is an independent

legal entity with power and authority to enter into contracts solely in its own behalf under the applicable of

Laws of India and general principles of Contract Law The (Bidder Supplier Contractor) expressly agrees

acknowledges and understands that MDL is not an agent representative or delegate of the Government of

India It is further understood and agreed that the Government of India is not and shall not be liable for any

acts omissions and commissions breaches or other wrongs arising out of the contract Accordingly (Bidder

Supplier Contractor) hereby expressly waives releases and foregoes any and all actions or claims including

cross claims impleader claims or counter claims against the Government of India arising out of this contract

and covenants not to sue Government of India in any manner claim cause of action or thing whatsoever

arising of or under this Agreement

320 EXPORT LICENCE 321 The export licenses that may be required for delivery of the various itemsequipment to MDL shall be

arranged by the Bidder Supplier Contractor from the concerned authorities in their country without any

time amp cost implications on the Purchaser

330 BANNED OR DE-LISTED CONTRACTORS VENDORS 331 The Bidder Vendor Contractor declares that they being Proprietors Directors Partners have not

been any time individually or collectively blacklisted or banned or de-listed by any Government or quasi

Government agencies or PSUs If a bidderrsquos entities as stated above have been blacklisted or banned or delisted

by any Government or quasi Government agencies or PSUs this fact must be clearly stated and it may

not necessarily be a cause for disqualifying him

340 DUTY OF PERSONNEL OF SUPPLIERVENDOR 341 MDL being a Defence Organization Bidder Vendor Contractor undertakes that their personnel

deployed in connection with the entrusted work will not indulge in any activities other than the duties

assigned to them

350 DISPUTE RESOLUTION MECHANISM AND ARBITRATION

351 DISPUTE RESOLUTION MECHANISM (DRM) i) Any disputedifferences between the parties arising out of and in connection with the contract shall be

settled amicably by mutual negotiations

ii) In case of non-settlement by (i) above if at any time before during or after the contract period any

unsettled claim dispute or difference arose between the parties upon or in relation to or in connection with

or in any way touching or concerning this tenderagreementordercontract the same shall be referred to the

concerned Functional Director

The Functional Director shall then nominate an Executive of the rank of General Manager whom he thinks fit

and competent or a Committee of Executives whowhich shall then scrutinise the claimsdisputes that have

been referred to the concerned functional Director and make efforts for amicable settlements by mutual

discussionsnegotiations

iii) In case no amicable settlement is arrived by (ii) above within a period of three months then the contractor

shall approach Public Grievance Cell and address the disputes as per the provisions made under the relevant

GM(M)MTI2000007617Passivation Station

Page 32 of 45

clause of the contract

iv) In case the issuesdisputes do not get settled within a period of six months from the date of

submission of the dispute to the Grievance Cell then the contractor may invoke Arbitration Clause of the

contract

352 ARBITRATION Unresolved disputesdifferences if any shall then be settled by arbitration The

Arbitration proceedings shall be conducted at Mumbai India in English Language under the Arbitration amp

Conciliation Act 1996

MDL prefers to have arbitration through Institutes such as Indian Council of Arbitration (ICA)ICA-DR with

the mutual consent of the parties

353 In case of unresolved differencedispute between the Purchaser and Supplier being Central Public

Sector EnterprisesCentral Govt departments the disputes shall be resolved firstly through mutual discussion

or through the empowered agencies of the Govt or through arbitration by reference by either party to the

department of Public Enterprises as per extant guidelines If disputesdifferences remain

unresolvedunexecuted the same shall be referred first to the Cabinet Secretariat and then if necessary to the

PMO

354 Any changes to arbitration clause must be vetted by HOD (Legal) before incorporation in

contractPO

360 JURISDICTION OF COURTS 361 All contracts shall be deemed to have been wholly made in Mumbai and all claims there under are

payable in Mumbai City and it is the distinct condition of the order that no suit or action for the purpose of

enforcing any claim in respect of the order shall be instituted in any Court other than that situated in Mumbai

City Maharashtra State India ie courts in Mumbai shall alone have jurisdiction to decide upon any dispute

arising out of or in respect of the contract

-----------------------

GM(M)MTI2000007617Passivation Station

Page 33 of 45

Enclosure-4

GENERAL TERMS amp CONDITIONS (GTampC)

A10 Blank

A20 SECURITY DEPOSIT A21 The successful bidder shall submit a Security Deposit 5 of the contract order value (excluding

taxes duties freight service component) of the Order in the form of Demand Draft Bank Guarantee in the

prescribed format in favour of Purchaser within 25 days from date of Contract The Security Deposit will be

returned only after the successful execution of the order contract Refund of Security Deposit whenever

considered admissible by the Purchaser shall be without interest only

A30 FORFEITURE OF EMD BID BOND A31 In cases of withdrawal of bid during validity period or during any extension granted thereof non

acceptance of agreed conditions of Technical and or Commercial and or Price Negotiations non-submission

of the security deposit and or non-acceptance of the order the EMD or bid security will be forfeited or

encashed as the case may be

A40 FORFEITURE OF SECURITY DEPOSIT A41 Non-performance of agreed terms and or defaultbreach by BidderVendorContractor will result in

forfeiture of security deposit with application of risk purchase provisions as felt appropriate by the Purchaser

A50 FORFEITURE OF PERFORMANCE GUARANTEE A51 In the event of BidderVendorContractor failure to attend the Guarantee defects within a reasonable

period of time the Performance Bank Guarantee will be encashed by the Purchaser The Purchaserrsquos decision

shall be final and binding on BidderVendorContractor

A60 SUPPLIES A61 The equipment products items Services to be supplied shall be strictly in accordance with the

Drawings Specifications Requirements indicated in the Tender Enquiry Order with deviations if any as

mutually accepted

A70 PROGRESS REPORTING amp MONITORING A71 Where so stipulated in the order the Bidder Supplier Contractor shall render such reports from time

to time as regards the progress of the contract and in such a form as may be called for by the Purchaser

A80 CANCELLATION OF ORDER A81The Purchaser reserves the right to cancel an order forthwith without any financial implications on either

side if on completion of 50 of the scheduled deliveryCompletion period the progress of

manufactureSupply is not to the satisfaction of Purchaser and failure on the part of the

BidderVendorContractor to comply with the delivery schedule is inevitable In such an event the

BidderVendorContractor shall repay all the advances together with interest at prevailing bank rates from the

date of receipt of such advances till date of repayment The title of any property delivered to Purchaser will

be reverted to the BidderVendorContractor at his cost

A82 In case of breach non-compliance of any of the agreed terms amp conditions of order contract MDL

reserves the right to recover consequential damages from the vendor contractor on account of such

premature termination of contract

A83 In case of delay beyond agreed period for liquidated damages or 10weeks from contractual delivery

period whichever is earlier MDL reserves the right to cancel the order and procure the order items services

from any available source at MDLrsquos option amp discretion and entirely at your risk and cost Extra expenditure

incurred by MDL in doing will be recoverable from Bidder Supplier Contractor

A90 PRESERVATION AND MAINTENANCE

A91 Should any material require any preservation till its final installationfitment the detailed procedure

(Long term amp short term) for the same as also the time of interval after which the state of preservation needs

to be reviewed is to be stated by the BidderVendorContractor

A92 Further the de-preservation prior to the materialequipment being commissioned and the maintenance

procedure together with its periodicity is also to be indicated by the Bidder Vendor Contractor

A93 The Bidder Vendor Contractor in their offer must confirm that indigenous oil lubricants and

preservatives etc can be used in the equipment The bidder must also give assurance that the equipment

performance will not be downgraded by use of indigenous equivalents

A100 FREIGHT amp INSURANCE

A101 For Indigenous Bidders In cases where the offers are for Door Delivery to Purchaser transit freight

amp Insurance charges shall be borne by the Bidder Supplier Contractor In other agreed cases of Ex-works

Ex-Transporters warehouse or Railway godown offers the Bidder Supplier Contractor on dispatch shall

give details of materials with dispatch particulars and their value in time to Purchasers Insurance Company

GM(M)MTI2000007617Passivation Station

Page 34 of 45

on the contact details as provided in the order In such agreed cases the freight amp insurance charges will be

paid by the purchaser directly to the parties concerned

A102 For Foreign Bidders For overseas supplies on CIF port of dispatch basis Transit Insurance shall be

arranged by the Purchaser The Bidder Supplier Contractor shall immediately on despatch of the

items inform all relevant details of despatch such as Order number Bill of LadingAWB number

marked as Freight Paid Insurance policydocument number of packages value of consignment

invoice number in time directly to Purchasers Insurance company amp Purchaser on the contact details

as provided in the order In case of delivery term other than CIFCIP the freight amp insurance charges

will be paid by the purchaser directly to the parties concerned

A110 TAXES amp DUTIES STATUTORY LEVIES A111 Taxes and duties applicable if any shall be regularized by MDL by issuing necessary exemption

certificates in respect of procurement for Defence Projects Bidder shall indicate separately the GST and

duties applicable in their offer When the items qualify for exemption partlyfully but the supplier did not

avail of the same the amount of taxes and duties on such supplies shall be to supplierrsquos account In cases

where exemption certificates are not issued for any reason taxes shall be paid as indicated in the Purchase

OrderContract Tax deduction at source will be effected wherever applicable (eg TDS under Income tax

Act TDS on Works Contract under GST Act etc) from the bills of the Supplier as per statutes Similarly

where payment of Custom duty is agreed to and stipulated in the Purchase Order Contract the same will be

paid by the Purchaser on receipt of supplierrsquos bills along with Custom Certified Duty Paid Challan-Money

Receipt in original or carbon copy as relevant These Challans Receipts Bill of Entry are to be drawn issued

in the name of lsquoMAZAGON DOCK SHIPBUILDERS LIMITEDrsquo only Where payment of GST is agreed to

and stipulated in the Purchase Order Contract the same will be paid by the Purchaser on the basis of

Suppliers TAX INVOICE wherein the GST Number along with HSN SAC code is indicated in the Invoice

A120 DEMURRAGE A121 Storage and Demurrage charges will be payable by the Bidder Vendor Contractor for all shipments

that reach purchaser without proper dispatch documentations Lorry Receipts not accompanied by packing

lists invoices etc The Supplier shall be responsible for fines due to errors or omissions in description weight

or measurements and for increased handling charges due to improper packing

A130 INSPECTION TESTING A131The ordered items will be inspected either by Classification Society Nominated Agency and or by

Inspection Officer nominated by Purchaser at stages defined in the tender Purchase Order or as agreed to be

defined subsequently in terms of the Purchase Order

A132 The decision of the Inspecting Authority or their representatives as the case may be on any question

of the intent meaning and the scope of Specifications Standards shall be final conclusive and binding on

the Bidder Vendor Contractor

A133 The Bidder Vendor Contractor shall accord all facilities to Purchasers Inspectors Nominated

Agency to carry out Inspection Testing during course of manufacture final testing

A140 RECEIPT INSPECTION BY MDL A141 MDL shall carry out necessary inspection of the items on receipt on the basis of an appropriate quality

assurance system and inspection system requirements along with representative of the Owner Any objection

raised by MDL Quality Control Team against quality of materials or workmanship shall be satisfactorily

corrected by the Contractor at his expense including replacement as may be required within shortest possible

time within 30 days Items damaged during transit shall also be rectified replaced by the Contractor within

shortest possible time payment for which shall be made at mutually agreed rates

A150 REJECTION OF MATERIALS A151 Should the articles or any portion thereof of the equipment be found defective rejected the Bidder

Vendor Contractor shall collect the same from the Purchasers Stores all incidental charges being borne by

him (inclusive of Custom duty if payable) within 30 days from the date of intimation to the Bidder Vendor

Contractor of such rejection The Purchaser reserves the right to dispose off the rejected items at the end of

a total period of 90 days in any manner to the best advantage to the Purchaser and recover storage charges

and any consequential damages from sale proceeds of such disposal

A160 TECHNOLOGICAL DEVELOPMENTS MODIFICATIONS

A161 The Bidder Supplier Contractor shall unconditionally and free of cost to the Purchaser transfer

information on technological developments innovations modifications which the BidderSupplier

Contractor would evolve in future (within 3 years) in relation to the supplied equipment To enable this the

Purchasers address shall be added to the Bidder Supplier Contractorrsquos mailing list or database or any other

document maintained for dissemination of product information and the Purchaser shall be informed of the

GM(M)MTI2000007617Passivation Station

Page 35 of 45

action taken in this regard If such improvements modifications are brought in by the Bidder Supplier

Contractorrsquos Design Department in the course of manufacture of equipment ordered by the Purchaser the

Bidder Supplier Contractor shall incorporate such improved versions in the equipment without any extra

cost to the Purchaser under Purchaserrsquos prior consent

A162 If the Purchaser be desirous of getting incorporated all post supply modifications improvements

arising out of technological developments to the original equipment supplied by the Bidder Supplier

Contractor the Bidder Supplier Contractor shall quote for and carry out all such modifications to the

equipment

A163 Where the whole or a portion of the equipment has been specifically developed by the Bidder

Supplier Contractor for the Owner and the latter would through the Purchaser be bearing the entire or part

of the development cost incurred by the Bidder Supplier Contractor the design rights for the whole or

portion thereof of the equipment as appropriate shall vest in the Owners

A164 Prior approval of the Owner should be obtained before similar articles are sold supplied to any other

party other than the Owner If such approval is given and sale is effected the Bidder Supplier Contractor

shall pay to the Owner royalty at the rate mutually agreed to

A165 The Sub-contractor Supplier Supplier shall continue to support the equipment for a minimum period

of 20 years from the date of supply by making available spare parts and assemblies of the equipment

supplied Should the Sub-contractor Supplier Supplier decides to discontinue the product for any reason

whatsoever adequate notice shall be given to the Purchaser Owner to enable procurement of the requisite

lifetime spares

A170 PURCHASERrsquoS RIGHT TO ACCEPT ANY BID PART OF BID AND TO REJECT ANY OR

ALL BIDS A171 The Purchaser reserves the right to accept and or reject any or all tenders and or to withdraw the tender

in Toto and or award the contract order in full or part to more than one vendor contractor without

assigning any reason whatsoever and without thereby incurring any liability to the affected Bidder or Bidders

or any obligations to inform the affected Bidder or Bidders of the grounds for MDL action

A180 BANK GUARANTEE INSURANCE COVER FOR FREE ISSUE MATERIAL A181 The Bidder Supplier Contractor shall furnish Bank Guarantee insurance Cover equivalent to the

value of materials supplied by MDL free of cost valid up to the execution of the contract delivery of

material inspected accepted and receipt at MDL together with the material reconciliation statement

whichever is later

A190 BIDDERrsquoS RESPONSE IN CASE OF NO PARTICIPATION A191 The Sub-contractor Supplier Vendor shall inform the Purchaser in advance in case he is unable to

participate in the tender for whatsoever reason Failure to comply with this will be viewed seriously and

consecutive three failures on the part of Sub-contractor Supplier Vendor to do so is liable for

disqualification debarring of the Sub-contractor Supplier Vendor from all future tender enquiries and or

delisting from the list of Approved Registered Vendors

A230 PREFERENCETIAL PURCHASE FROM MSE VENDORS ndash Not Applicable MDL has right to place order on MSE firm meeting following criteria

In tenders if participating MSEs quoted prices are within price band of L1+15 such MSEs shall also be

allowed to supply a portion up to 20 of requirement by bringing down their prices to L1 price where L1 is

non MSEs If more than 1 MSEs fall under such criteria then this 20 shall be distributed proportionally

This preference shall not be applicable where MSE firm is L1 firm out of 20 percent target of annual

procurement from Micro and Small Enterprises a sub-target of 20 percent (ie 4 percent out of 20 percent)

shall be earmarked for procurement from Micro and Small Enterprises owned by the Scheduled Caste or the

Scheduled Tribe Entrepreneurs In respect of items reserved for MSE extant guidelines shall be followed

Presently Circular No SO 581(E) dated 23032012 is applicable

GM(M)MTI2000007617Passivation Station

Page 36 of 45

Annexure-5

LOADING FACTORS A

Sr

No

Description Foreign Supplier

100 import content

Indigenous

Supplier with part

Import content

Indigenous

Supplier without

Import content

1 Basic Price Quoted

CIF

a a Ex Works

b b Delivered to

MDL Stores

a Ex Works

b Delivered to

MDL Stores

2 Add Insurance Charges Nil In case of 1 (a) In case of 1 (a)

3 Add Sea Air Freight charges

Inland Road Transport Nil In case of 1 (a) In case of 1 (a)

4

Customs Clearance Port

Handling Transportation to

Yard

Applicable NIL NIL

5

Cost (ex-MDL) excluding taxes

amp duties without loading

towards any deviations

CIF price +

SrNo4 Sr Nos (1+2+3) Sr Nos (1+2+3)

B LOADINGS DUE TO VARIATIONS IN FINANCIAL TERM

6 Variation in payment Terms

Varied payment terms quoted by bidders as compared to the terms stated

in the tender document shall be normalized on the amount(s) at variation

and or for the period (in no of days) at variation by adopting the Prime

Lending Rate of State Bank India plus 2 thereon incase of indigenous

bidders and LIBOR EURIBOR rates in case of foreign bidders

7

Income tax amp Service Tax on

Technical Services Service

Engineers liability to MDL

Normalization shall be done in respect of the amount of tax that have to

be borne by the Company

8 Production norms such as

scrap output ndash input ratio

9 Base date for price variation

clause

1

0

Cost (ex-MDL) excluding taxes

amp duties after loading for

variations in financial term

(SR Nos 5 + 6 + 7 + 8 + 9)

C LOADING ON ACCOUNT OF DEVIATIONS IN FOLLOWING COMMERCIAL TERMS

11

Security Deposit Contract

Performance Guarantee Mandatory

12

Equipment Performance

Guarantee Mandatory

13

Additional delivery period

sought over stipulated period as

per Tender

For the additional period sought by the bidder over the stipulated date of

delivery as per tender 050 per week for delayed period will be loaded

to the quoted price if the period under variation does not lead to bid

rejection criteria 14 Additional time sought for

supplying binding data

15 Liquidated damages per week

rate Maximum Ceiling

If bidder seeks less than 5 (Max ceiling) then the difference will be

loaded

The rate of LD per week or part thereof is 05 If bidder seeks say 04

per week or part thereof then Max Ceiling of LD will be equated to

weeks (Say 10 weeks) then LD proposed by bidder works out to 10 X 04

= 4 then 1 will be loaded

16 Warranty Guarantee

Deviations in respect of the period of Warranty shall be loaded to the

quoted price 025 per month or part thereof This does not arise if

the bidder quotes additional price for the differential period

GM(M)MTI2000007617Passivation Station

Page 37 of 45

17

Cost (Ex-MDL) excluding taxes

amp duties after loading for

variations on account of

financial and commercial terms

Sr Nos 10 + 11 + 12 + 13 + 14 + 15 + 16

D LANDED COST

18

Taxes amp Duties

19

Landed Cost Sr Nos 17 + 18

GM(M)MTI2000007617Passivation Station

Page 38 of 45

Annexure-6

LETTER OF CREDIT FORMAT FOR SHIPMENT BY SEA AIR

40A Form of Documentary Credit Type IRREVOCABLE

20 Transaction Reference Number Documentary

Credit Number

31C Date of Issue Date

31D Date and Place of Expiry Date

Place NEGOTIATING BANK

51A Applicant Bank BIC BANKERS OF MDLMUMBAI

50 Applicant Name amp Address MAZAGON DOCK SHIPBUILDERS LTD

DOCKYARD ROAD MAZAGON MUMBAI ndash

400 010

59 Beneficiary Name amp Address

32B Currency Code Amount

Currency

Amount

39A Percentage Credit Amount Tolerance

Tolerance 1

Tolerance 2

41D Available with hellipByhellip Name amp Address

42C Draft at hellip Narrative SIGHTNEGOTIATION

42D Drawee Name amp Address BANKERS OF MDLMUMBAI

43P Partial Shipments Narrative ALLOWEDNOT ALLOWED

43T Transhipment Narrative ALLOWEDNOT ALLOWED

44A Loading on Board Dispatch Narrative AIRPORT SEAPORT (AS PER TENDER

ENQUIRYORDER)

44B For Transportation to Narrative AIRPORT SEAPORT (AS PER TENDER

ENQUIRYORDER)

44C Latest Date of Shipment Date

46A Documents required Narrative (AS PER TENDER ENQUIRY)

47A Additional conditions Narrative 1 ALL DOCUMENTS SHOULD BE MARKED

WITH IEC CODE NO0388070412 LC NO

AND DATE AND IMPORT UNDER NON-

NEGATIVE LIST OF IMPORT EXPORT

POLICY AM

2 DISCREPANT DOCUMENTS TO BE SENT

STRICTLY ON COLLECTION BASIS

71B Details of charges Narrative ALL FOREIGN BANK CHARGES OUTSIDE

INDIA ARE FOR THE BENEFICIARYrsquoS

ACCOUNT

48 Period for presentation

Narrative

WITHIN ----- DAYS FROM THE DATE OF

BILL OF LADING AIRWAY BILL 49 Confirmation instructions

Instruction

WITHOUT

53D Reimbursing Bank

Name amp Address

BANKERS OF MDL WILL SPECIFY

78 Instructions to the Paying Accepting Bank

Narrative

BANKERS OF MDL WILL SPECIFY 72 Sender to Receiver Information

Narrative

BANKERS OF MDL WILL SPECIFY

GM(M)MTI2000007617Passivation Station

Page 39 of 45

Enclosure-7

PROFORMA BANK GUARANTEE FOR BID BOND EMD

(On Non-Judicial stamp paper of value Rs 500-)

IN CONSIDERATION OF MAZAGON DOCK SHIPBUILDERS LIMTED a company incorporated under the Companies Act 1956 and having its registered office at Dockyard Road Mumbai 400010 (hereinafter referred to as

the ldquothe Companyrdquo which expression shall unless it be repugnant or contrary to the subject or context thereof be

deemed to mean and include its successors and assigns) having agreed to accept the Earnest Money Deposit (EMD)

of Rs--------------------------- -------(Rupees-----------------------------only) in the form of Bank Guarantee from Messers

a partnership firmsole proprietor businessa company registered under the Companies Act 1956

having its office at (hereinafter called the tenderer which expression shall unless it be

repugnant or contrary to the subject or context thereof be deemed to mean and include its successors and assigns) for

participating in the Tender nodated (hereinafter called the tender which expression

shall include any amendmentsalterations to the tender issued by the Company) for the supply delivery at site

installation and commissioning of certain equipment itemservicescivil works etc We

Bank having office at (hereinafter referred to as ldquothe Bankrdquo which

expression shall includes its successors and assigns) hereby agree to pay to the Company without any demur on first

demand an amount not exceeding Rs (Rupeesonly) against any loss or damage costs charges and expenses caused to or suffered by the Company by reason of non performance and non-fulfilment or for

any breach on the part of the tenderer of any of the terms and conditions of the said tender

2 We Bank further agree that the Company shall be sole judge whether the said tenderer has

failed to perform or fulfil the said tender in terms thereof or committed breach of any terms and conditions of the

tender the extent of loss damage cost charges and expenses suffered or incurred or would be suffered or incurred by

the Company on account thereof and we waive in the favour of the Company all the rights and defences to which we

as guarantors may be entitled to

3 We Bank further agree that the amount demanded by the Company as such shall be final and

binding on the Bank as to the Bank s liability to pay and the amount demanded and the Bank undertake to pay the

Company the amount so demanded on first demand and without any demur notwithstanding any dispute raised by the

tenderer or any suit or other legal proceedings including arbitration pending before any court tribunal or arbitrator

relating thereto our liability under this guarantee being absolute and unconditional

4 We Bank further agree with the Company that the Company shall have the fullest liberty

without our consent and without affecting in any manner our obligations hereunder to vary any of the terms and

conditions of the said tenderor to extend time of performance by the tenderer from time to time or to postpone for

any time to time any of the powers exercisable by the Company against the tenderer and to forbear to enforce any of

the terms and conditions relating to the tender and we shall not be relieved from our liability by reason of any such

variation or extension being granted to the tenderer or for any forbearance act or omission on the part of the

Company or any indulgence by the Company to the tenderer or by any such matter or things whatsoever which under

the law relating to sureties would have the effect of relieving us

5 We Bank further undertake not to revoke this guarantee during its currency except with

the previous consent of the Company in writing

6 We Bank also agree that the Bankrsquos liability under this guarantee shall not be affected

by any change in the constitution of the tenderer or dissolution or winding up of the business of the tenderer

7 Notwithstanding anything contained herein above

i) Our liability under this guarantee shall not exceed Rs

ii) This Bank Guarantee shall be valid upto and including and

iii) We are liable to pay the guarantee amount or any part thereof under this Bank Guarantee only and only if you

serve upon us a written claim or demand on or before helliphelliphellip (validity + --- weeks from the date of expiry of this

guarantee)

8 This Guarantee shall be governed by Indian laws and the Courts at Mumbai India shall have the exclusive

jurisdiction

GM(M)MTI2000007617Passivation Station

Page 40 of 45

IN WITNESS WHEREOF the Bank has executed this document on this day

of

For Bank

(by its constituted attorney

or the person authorized to sign)

(Signature of a person authorized

to sign on behalf of the Bank)

GM(M)MTI2000007617Passivation Station

Page 41 of 45

Enclosure-8

PROFORMA BANK GUARANTEE FOR SECURITY DEPOSIT (ILLUSTRATIVE FORMAT)

(On Non-Judicial stamp paper of value Rs 500)

IN CONSIDERATION OF MAZAGON DOCK SHIPBUILDERS LIMTED a company incorporated under the

Companies Act 1956 and having its registered office at Dockyard Road Mumbai 400010 (hereinafter referred to as

the ldquothe Purchaserrdquo which expression shall unless it be repugnant or contrary to the subject or context thereof be

deemed to mean and include its successors and assigns) having placed an order on Messers

a partnership firmsole proprietor businessa company registered under the Companies Act 1956

having its office at (hereinafter called the Contractor Supplier which expression shall unless it

be repugnant or contrary to the subject or context thereof be deemed to mean and include its successors and assigns)

vide order No dated (hereinafter called the order which expression shall include any

amendmentsalterations to the order issued by the Purchaser) for the supply delivery at site installation and

commissioning of certain equipment itemservicescivil works etc as stated in the said Order and the Purchaser

having agreed with the ContractorSupplier to accept a Bank Guarantee in lieu of Security Deposit payable under the

said order for the fulfilment and performance of the said order We Bank having

office at (hereinafter referred to as the Bank which expression shall includes its

successors and assigns) hereby agree to pay to the Purchaser without any demur on first demand an amount not

exceeding Rs (Rupeesonly) being 5 of the order value against any loss or damage costs

charges and expenses caused to or suffered by the Purchaser by reason of non performance and non-fulfilment or for

any breach on the part of the Contractor Supplier of any of the terms and conditions of the said order

2 We Bank further agree that the Purchaser shall be sole judge whether the said

contractorSupplier has failed to perform or fulfil the said order in terms thereof or committed breach of any terms

and conditions of the order and the extent of loss damage cost charges and expenses suffered or incurred or would

be suffered or incurred by the Purchaser on account thereof and we waive in the favour

of the Purchaser all the rights and defences to which we as guarantors may be entitled to

3 We Bank further agree that the amount demanded by the Purchaser as such shall be final and

binding on the Bank as to the Bank s liability to pay and the amount demanded and the Bank undertake to pay the

Purchaser the amount so demanded on first demand and without any demur notwithstanding any dispute raised by the

ContractorSupplier or any suit or other legal proceedings including arbitration pending before any court tribunal or

arbitrator relating thereto our liability under this guarantee being absolute and unconditional

4 We Bank further agree with the Purchaser that the Purchaser shall have the fullest liberty

without our consent and without affecting in any manner our obligations hereunder to vary any of the terms and

conditions of the said orderor to extend time of performance by the Supplier from time to time or to

postpone for any time to time any of the powers exercisable by the Purchaser against the Contractor Supplier and to

forbear to enforce any of the terms and conditions relating to the order and we shall not be relieved from our liability

by reason of any such variation or extension being granted to the Contractor Supplier or for any forbearance act or

omission on the part of the Purchaser or any indulgence by the

Purchaser to the ContractorSupplier or by any such matter or things whatsoever which under the law relating to

sureties would have the effect of relieving us

5 We Bank further undertake not to revoke this guarantee during its currency except with

the previous consent of the Purchaser in writing

6 We Bank also agree that the Bankrsquos liability under this guarantee shall not be affected

by any change in the constitution of the Contractor Supplier or dissolution or winding up of the business of the

contractor supplier

7 Notwithstanding anything contained herein above

i) Our liability under this guarantee shall not exceed Rs

ii) This Bank Guarantee shall be valid upto and including and

GM(M)MTI2000007617Passivation Station

Page 42 of 45

iii) We are liable to pay the guarantee amount or any part thereof under this Bank Guarantee only and only if you

serve upon us a written claim or demand on or before helliphelliphelliphellip(validity + ---weeks from the date of expiry of this

guarantee)

8 This Guarantee shall be governed by Indian laws and the Courts at Mumbai India

shall have the exclusive jurisdiction

IN WITNESS WHEREOF the Bank has executed this document on

this day of

For Bank

(by its constituted attorney)

(Signature of a person authorised

to sign on behalf of the Bank)

GM(M)MTI2000007617Passivation Station

Page 43 of 45

Enclosure-9

PROFORMA BANK GUARANTEE FOR PERFORMANCE (ILLUSTRATIVE FORMAT)

(On Non-Judicial stamp paper of value Rs 500-)

IN CONSIDERATION OF MAZAGON DOCK SHIPBUILDERS LIMTED a company incorporated under the

Companies Act 1956 and having its registered office at Dockyard Road Mumbai 400010 (hereinafter referred to as

the ldquothe Purchaserrdquo which expression shall unless it be repugnant or contrary to the subject or context thereof be

deemed to mean and include its successors and assigns) having placed an order on Messers a

partnership firmsole proprietor businessa company registered under the Companies Act 1956 having its Registered

office at (hereinafter called the Contractor Supplier which expression shall unless it be

repugnant or contrary to the subject or context thereof be deemed to mean and include its successors and assigns)

vide order No dated (hereinafter called the order which expression shall include any

amendmentsalterations to the order issued by the Purchaser) for the supply delivery at site installation and

commissioning of certain equipment itemservicescivil works etc as stated in the said Order and the Purchaser

having agreed that the Contractor Supplier shall furnish a security for the performance of the Contractorrsquos

Suppliers obligations andor discharge of the Contractorrsquos Suppliers liability in connection with the said order and

the Purchaser having agreed with the ContractorSupplier to accept a performance guarantee We

Bank having office at (hereinafter referred to as the

Bank which expression shall includes its successors and assigns) hereby agree to pay to the Purchaser without any

demur on first demand an amount not exceeding Rs (Rupeesonly) being 10 of the order

value against any loss or damage costs charges and expenses caused to or suffered by the Purchaser by reason of

non-performance and non-fulfilment or for any breach on the part of the Contractor Supplier of any of the terms and

conditions of the said order

2 We Bank further agree that the Purchaser shall be sole judge whether the said

ContractorSupplier has failed to perform or fulfil the said order in terms thereof or committed breach of any terms

and conditions of the order and the extent of loss damage cost charges and expenses suffered or incurred or would

be suffered or incurred by the Purchaser on account thereof and we waive in the favour of

the Purchaser all the rights and defences to which we as guarantors may be entitled to

3 We Bank further agree that the amount demanded by the Purchaser as such shall be final and

binding on the Bank as to the Bank s liability to pay and the amount demanded and the Bank undertake to pay the

Purchaser the amount so demanded on first demand and without any demur otwithstanding any dispute raised by the

ContractorSupplier or any suit or other legal proceedings including arbitration pending before any court tribunal or

arbitrator relating thereto our liability under this guarantee being absolute and unconditional

4 We Bank further agree with the Purchaser that the Purchaser shall have the fullest liberty

without our consent and without affecting in any manner our obligations hereunder to vary any of the terms and

conditions of the said orderor to extend time of performance by the Supplier from time to time or to postpone for

any time to time any of the powers exercisable by the Purchaser against the Contractor

Supplier and to forbear to enforce any of the terms and conditions relating to the order and we shall not be relieved

from our liability by reason of any such variation or extension being granted to the Contractor Supplier or for any

forbearance act or omission on the part of the Purchaser or any indulgence by the Purchaser to the

ContractorSupplier or by any such matter or things whatsoever which under the law

relating to sureties would have the effect of relieving us

5 We Bank further undertake not to revoke this guarantee during its currency except with

the previous consent of the Purchaser in writing

6 We Bank also agree that the Bankrsquos liability under this guarantee shall not be affected

by any change in the constitution of the Contractor Supplier or

dissolutionhelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

7 Notwithstanding anything contained herein above

i) Our liability under this guarantee shall not exceed Rs

ii) This Bank Guarantee shall be valid upto and including and

GM(M)MTI2000007617Passivation Station

Page 44 of 45

iii) We are liable to pay the guarantee amount or any part thereof under this Bank Guarantee only and only if you

serve upon us a written claim or demand on or before helliphelliphellip (validity + ---weeks from the date of expiry of this

guarantee)

8 This Guarantee shall be governed by Indian laws and the Courts at Mumbai India shall have the exclusive

jurisdiction

IN WITNESS WHEREOF the Bank has executed this document on

this day of

For Bank

(by its constituted attorney)

(Signature of a person authorised

to sign on behalf of the Bank)

GM(M)MTI2000007617Passivation Station

Page 45 of 45

Enclosure-10

Electronic Payment Mandate Form

(MDL Bank details)

Name of the CompanyFirm Mazagon Dock Shipbuilders Limited

Address with Phone no Dockyard Road Mumbai ndash 400010

E-Mail ID

Phone No +91 22 23745310

Fax No

Particulars of Bank Account

Name of the Bank State Bank of India

Name of the Branch Mazagon Dock Mumbai Branch

Branch Code 9054

Bank IFSC NEFT Code SBIN0009054

Bank Address MBPT Workshop building NV Nakhwa Road Mazagon - 400010

City Name Mumbai

Telephone No of Bank +91 22 23752802

9 digit code no of bank amp branch

appearing on the MICR cheque

issued by your bank

400002120

Type of Account Current Account

Account No 10005255246

Income Tax PAN No AAACM8029J

Page 19: Final Tender - Mazagon Dock Shipbuilders...DIVISION-SHIP BUILDING DEPARTMENT-MATERIAL PROCUREMENT Tender no.: GM(M)/MTI/2000007617 for the Engineering, Manufacturing, Supply/Installation,

GM(M)MTI2000007617Passivation Station

Page 19 of 45

17 Modifications to the Bids Bidder desirous of submitting modified bid prior to the closing

date and time may do so online not later than deadline of submission of bids Please note that

modified bid shall be submitted through e-procurement system only Bidder can change the

submitted bid any number of times till the closing time and the last changed bid will be

considered for ranking of the bids

18 PURCHASE PREFERENCE TO MAKE IN INDIA As per Public Procurement Order Ref No P-4502122017-B E-II Dtd 15062017 issued by Govt

of India to encourage ldquoMake in Indiardquo policy Purchase Preference shall be given to local suppliers

in the following manner

(a) The terminology definitions used in the said order is as below

(i) ldquoLocal contentrdquo means the amount of value added in India be the total value of items procured

excluding net domestic indirect taxes) minus the value of imported content in the item (including

all customs duties) as a proportion of the total value in percent

(ii) ldquoLocal Supplierrdquo means a supplier or service provider whose product or service offered for procurement meets the minimum local content as prescribed under the said Order or by the

competent Ministries Department in pursuance of said order A Local Supplier can be an Indian

or Foreign bidder

(iii) ldquoMargin of Purchase Preferencerdquo means the maximum extent to which the price quoted by

local supplier may be above the L1 for the purpose of purchase preference The margin of

purchase preference for the present tender is 20

(b) Minimum local content

(i) The minimum local content in the offer is to be not less than 50 for the present tender for a

bidder to be considered as a Local Supplier

(ii) The local content can be increased through partnerships cooperation with local companies

establishing production units in India or Joint Ventures (JV) with Indian suppliers increasing the

participation of local employees in services and training themrsquo

(iii) On opening of the price bids if it is identified that there is difference in price receive amp

declaration made and local content is now not meeting the specified tender requirement (ie only

on the quoted price without any loading) then such case will be processed without any purchase

preference

(c) Declaration by Local Supplier Local Supplier should declare that the item and service

offered meets the minimum local content amp indicate its percentage in their offer which shall meet

(or even offer more) required content as specified in tender This declaration is necessary even if

Custom Duty Exemption and or ERV (if applicable) are not being sought Following documents

are to be submitted in technical offer ndash

Part-I bid

(i) Local Component list ie Items and services which are being procured produced domestically

by supplier in the system equipment service offered against tender This list shall include all the

components raw materials sub services etc

(ii) Foreign Imported Component list ie Items and services which are being supplied by bidder

from outside India in the system equipment service offered against tender This list shall include

all the components raw materials sub services etc

(iii) Bidders shall give the details of the location(s) at which the local value addition is made

Additionally location(s) details from where foreign imported components are being supplied be

also informed

(iv) Bidders shall give the price break-up in percentage for ldquoLocal Componentrdquo and ldquoForeign

Imported Componentrdquo

(v) Custom duty applicable on FE component for all foreign items (vi) The Local Suppliers are required to provide self-certification as per Annexure-11

Note In cases of procurement for value in excess of Rs 10 Crores the local supplier shall be required to

provide a certificate from statutory auditor or cost auditor of the company (in case of companies)

or from a practicing cost accountant or practicing charted accountant (in respect of supplier other

GM(M)MTI2000007617Passivation Station

Page 20 of 45

than companies) giving the percentage of local content amp applicable item wise custom duty

Once the declaration certification is committed at tender submission stage the same cannot be

altered at technical negotiation stage or after award of contract otherwise would be treated

considered as false declaration by bidder

In the event of bidders not declaring or declaring less local content percentage in the offer MDL

will consider quote bid of such bidders with local content as ldquo0rdquo or ldquoNILrdquo ie the offers of such

bidders will be treated as a ldquoNon Local Supplierrdquo where no purchase preference shall be granted to these bidders

(d) If the Local Supplier is also a MSE Vendor seeking the benefit of Public Procurement Policy

for MSEs Order 2012 then such bidders should not seek benefits against the Preference to Make

in India policy ndash Order 2017 Such bidders should categorically seek benefits of only one policy

which cannot be modified subsequently once declared in the Annexure-A referred above while

submitting the bid

(e) Custom duty issue Imported FE content is inclusive of all custom duties which is required

for arriving local content Bidders to note the following about declaration of FE Content

(i) All bidders should upfront declare line item wise custom duty duly certified Such declared

custom duty percentage will only be considered for arriving local content

(ii) In the event if the rate of custom duty is found higher than the declared custom duty by bidder

then the bidderrsquos declaration shall be final for arriving L1 bid Also in such case the difference in

custom duty would be to bidders account In case of foreign bidders the same would be to bidders

account and shall not be borne or reimbursed by Shipyard

(iii) In the event of rate of custom duty happens to be lower at the time of clearance of goods then

actual custom duty shall be payable

(iv) Notwithstanding above local content shall be calculated based on the declared custom duty by

the bidder in techno-commercial bid

(f) Preference to Local Supplier The following procedure will be adopted for deciding on

preference to Local Supplier over a non-local supplier wrt Public Procurement (Preference to

Make in India) order 2017

(i) Among all qualified bids the lowest bid will be termed as L1 If L1 is from a local supplier the

contract will be awarded to L1

(ii) If L1 is not from a local supplier the lowest bidder among the local suppliers will be invited

to match the L1 price subject to local supplierrsquos quoted price falling within the margin of purchase

preference and contract shall be awarded to such local supplier subject to matching the L1 price

(iii) In case such lowest eligible local supplier fails to match the L1 price the local supplier with

the next higher bid within the margin of purchase preference shall be invited to match the L1 price

and so on and contract shall be awarded accordingly In case none of the local suppliers within the

margin of purchase preference matches the L1 price then the contract may be awarded to the L1

bidder

(g) Preference between LS and MSE Bidder This clause is applicable only if line items are

separable and MSE preference clause is also applicable Between the MSE and Local

Supplier the MSE bidder will be given preference to match with L1 bidder as per Public Procurement Policy for MSEs Order 2012 MSE vendor will be evaluated with L1+15 MSE

doesnrsquot fall under Public Procurement (Preference to Make in India) Order 2017 Local Supplier

will be evaluated with L1+20 (Margin of Purchase Preference ordinary) as per Public

Procurement (Preference to Make in India) Order 2017

(h) After the contract is awarded and the supplies are completed each supplier shall provide the supporting documentation towards realization of committed Local Content as per the contract

order terms amp conditions

In addition to these documents a ldquoLocal content certificaterdquo also shall be submitted stating the

percentage of local content in the items or services measured The ldquoLocal content certificaterdquo shall

be submitted along with the invoice

Note In cases of procurement for value in excess of Rs 10 Crores the local supplier shall be

required to provide a certificate from statutory auditor or cost auditor of the company (in case of

GM(M)MTI2000007617Passivation Station

Page 21 of 45

companies) or from a practicing cost accountant or practicing charted accountant (in respect of

supplier other than companies) giving the percentage of local content

(i) False declaration will be in breach of Code of Integrity under Rule 175(1)(i)(h) of GFR 2017

for which a bidder or its successor can be debarred for up to 2 years as per Rule 151(iii) of GFR

2017 along with such other actions as may be permissible under law

(j) Complaints Grievance Any complaints grievances relating to implementation of this order

shall be taken up by Public Grievance Cell of MDL headed by GM(F-PampS) Fees for filing a complaint under the order shall be Rs 10000- per case The complaints shall be filed to the

Chairman Public Grievance Cell The fee shall be deposited in MDLrsquos Account by NEFT

19 Public Grievance Cell A Public Grievance Cell headed by ED (East Yard) has been set up in

the Company Members of public having complaints or grievances are advised to contact him

on Wednesday between 1000 hours and 1230 hours in his EY-office MAZAGON DOCK

SHIPBUILDERS LIMITED Dockyard Road Mumbai - 400010 (022 ndash 23763506 23738368)

or send their complaints grievances to him in writing for redressal

20 Supply on MDL Holidays Request for permission for delivery on Saturday Sunday

holidays if required should be submitted 3 working days prior to the date of holiday to

Personnel department and Security through concerned Dept

21 Liquidated Damages Time is an essence of the contract therefore the job as ordered should be

completed on the dates mutually agreed upon in accordance with the delivery schedule In cases

of delay not attributable to Purchaser beyond the agreed schedule the Successful bidder shall pay

liquidated damages a sum representing 05 (Half per cent) per week or part thereof subject to

maximum of 5 of the final Order Contract value Vendor Contractor (Seller) will also be liable

to pay Liquidated Damages for late delivery of Manuals Drawings and Documentation as agreed

to by Purchaser and Vendor Contractor (Seller) and as stated in the Purchase Order The amount

of such damages will be clearly defined in the Purchase Order and may extend up to 5 of the

Order Value excluding taxes Applicability of LD will be considered as below -

1) Delay in manufacturing and supplydelivery of machinematerialitemsequipments at

MDL after dispatch clearance beyond specified schedule will attract LD 05 per week

or part thereof subject to maximum of 5

2) Delay in Installation trial Commissioning amp Training at MDL as per Work

completion date as certified by MDL user dept beyond specified schedule will attract

LD 05 per week or part thereof subject to maximum of 5 as per order

22 Hindrance Register All hindrances with date of occurrences and removal shall be noted in the

Hindrance Register The Hindrance Register shall be signed by the representatives of both MDL

as well as Contractor

23 Security Deposit (SD) The successful bidders shall have to submit Security Deposit for an

amount of 5 of the Order value excluding GST etc electronically through NEFT RTGS or

in the form of Bank Guarantee drawn in favor of MAZAGON DOCK SHIPBUILDERS

LIMITED Mumbai from the list of Banks approved by SBI Canara Bank published on MDL

Website within 25 days from the date of Order amp must be valid up to contract period plus one

month No interest will be paid on Security Deposit Please note that MDL does not extend any

concession such as exemption in payment of Security Deposit etc to any organization

irrespective of their status like registration with MDL NSIC SSI and MSME etc In case of

failure to submit Security Deposit within 25 days from the date of order placement EMD

submitted will be encashed and risk purchase clause would be invoked The Security Deposit

will be returned only after successful execution of the order and shall be interest free In the

event of failure to execute the order satisfactorily the Security Deposit will be encashed by

MDL If order is fully executed within 25 days from the date of purchase order submission of

security deposit is not applicable For delayed period of submission of SD beyond 25 days

from date of order bidder has to pay applicable interest In case the bidder is Indian Public

Sector Unit they shall submit the indemnity bond instead of Security Deposit Bidders may

advise their bankbanker to send BG directly to commercial department or through SWIFT to

dispense with additional step of verification of authenticity of signatories In case of BG

GM(M)MTI2000007617Passivation Station

Page 22 of 45

transmitted through SWIFT it shall be the responsibility of the bidder that he directs the

receiving banker to forward the message For delayed period of submission of SD beyond 25

days from date of order interest will be recovered as mentioned below

For Indian suppliers it will be SBAR plus 2 and EUROBORLIBOR plus 2 for Foreign

bidder Security Deposit will be returned only after successful execution of the order and shall

be interest free In the event of failure to execute the order satisfactorily the Security Deposit

will be encashed by MDL PSUs can submit Indemnity bond in lieu of Security deposit Bidders can submit SD amount

by using payment gateways through MDL website

24 Delivery ScheduleWork Completion Schedule and delivery term (For foreign bidders) The

entire scope of work ie Design manufacture Supply Installation Commissioning STW amp

Training to be completed within 6 months from the date of receipt of PO

1) Supplydelivery of machineItemsEquipmentsspares at MDL = within 20 weeks (CIF delivery) and

2) Time for transportation amp custom clearance time = 2 weeks

3) Installation Trials Training and Commissioning = Within 2 weeks

Delivery Term (1) Supply For Indigenous bidder Door DeliveryFOR MDL GRS Stores

For Overseas Bidder CIF Port of destination (Mumbai)

(2) Installation Commissioning STW Training -

For Overseas Bidders At MDL site

Training to be imparted to Non-executives-04 Nos for 7 days (1 week)

Delivery ScheduleWork Completion Schedule and delivery term (For Indigenous bidders) The entire scope of work ie Design manufacture Supply Installation Commissioning STW amp

Training to be completed within 6 months from the date of receipt of PO

1) Supplydelivery of machineItemsEquipmentsspares at MDL = within 22 weeks (CIF

delivery) and

2) Installation Trials Training and Commissioning = Within 2 weeks

Delivery Term (1) Supply For Indigenous bidder Door DeliveryFOR MDL GRS Stores

For Overseas Bidder CIF Port of destination (Mumbai)

(2) Installation Commissioning STW Training - For Indigenous Bidders At MDL site

Training to be imparted to Non-executives-04 Nos for 7 days (1 week)

25 Assistance for Installation Testing Commissioning Maintenance amp other Technical

activities 1 Services of engineersManpower in connection with assistance of delivery

loadingunloading installation setting-in-work testing tuning commissioning

training to be considered in the scope of supply

2 All machinery equipments Oxygenother fuel gas for cutting fork lift welding Tools

amp Tackles accessories spares Chemicals consumables Special tools Fixtures and

tackles Workshop and fabrication shop Calibration facility Local transportation and

Internal Transportation storage amp preservation materials Ist fill of Oil lubricants

grease amp other resources etc required for Installation commissioning work to be

arranged by contractor Crane facility for unloading the equipment at the site Space water compressed air and electric Power will be provided by MDL

During Guarantee Warranty period the entire maintenance repair job shall be carried out by

experienced service engineers amp technicians The supply of all necessary tools tackles and

instruments required for the preventive and breakdown maintenance of the equipment covered

by this contract shall be in contractorrsquos scope No sub-contracting will be allowed

26 Spares Post sale product support 1 The Bidder shall assure a continuous supply of spare parts for at least 10 years from

GM(M)MTI2000007617Passivation Station

Page 23 of 45

the date of commissioning of the machine at MDL

2 List of Service centers amp Setup details to be provided

3 Standard accessories required for making itemequipmentmachine operational amp

ready to use should be included in the scope of supply

4 All defective parts spares can either be repaired or replaced by new parts Spares

replaced will be either of same make or equivalent as suggested by the OEM after

consultation with MDL However the total responsibility of the quality of spares supplied or parts repaired shall be with the Contractor

3 If any defective partitemequipment required to be taken out to the service center by

the firm for the further repairing the firm shall be asked to submit the necessary

indemnity bondBG as required Taking out defective partitemequipment from MDL

and bringing back repaired part item equipment to MDL is in the firmrsquos scope of

work The firm has to bear all the transportation charges amp transit insurance

27 Inspection - (a) Receipt Inspection by MDL- MDL inspection cell amp User dept shall carry out necessary

inspection of the items on receipt in the MDL Yard on the basis of an appropriate MDL

Inspection system requirement along with the representative of user dept amp the Inspection

documents submitted by suppliers Any objection raised by MDL inspection team against

quality of material or workmanship shall be satisfactorily corrected by the supplier at his

expenses including replacement as may be required within shortest possible time within 30

days Items damaged during transit shall also be rectified or replaced by the supplier within

shortest possible time

(b) Rejection of the material Any portion of the equipment found defectiverejected the

supplier shall collect the same at his cost from the MDL Yard all incidental charges being

born by supplier (inclusive of custom duty if payable) within 30 days from the date of

intimation to the supplier of such rejection The MDL reserves the rights to dispose off the

rejected item at the end of a total period of 90 days in any manner to the best advantage to the

MDLamp recover storage charges amp any consequential damages from sale proceeds of such

disposal

(c) Final work completion certificate in respect of completion of entire scope of work will be

certified by MDL user dept

28 Purchase Preference for MSE - NA

29 Risk Purchase amp Cancellation of Order (a) If the equipment article service or any portion thereof be not delivered performed by

the scheduled delivery date period any stoppage or discontinuation of ordered supply

awarded contract without written consent by Purchaser or not meeting the required quality

standards the Purchaser shall be at liberty without prejudice to the right of the Purchaser

to recover Liquidated Damages penalty as provided for in these conditions or to any

other remedy for breach of contract to terminate the contract either wholly or to the extent

of such default Amounts advanced or part thereof corresponding to the undelivered

supply shall be recoverable from the Contractor Bidder at the prevailing bank rate of interest

(b) The Purchaser shall also be at liberty to purchase manufacture or supply from stock as it

deems fit other articles of the same or similar description to make good such default and

or in the event of the contract being terminated the balance of the articles of the

remaining to be delivered there under Any excess over the purchase price cost of

manufacture or value of any articles supplied from the stock as the case may be over the

contract price shall be recoverable from the Bidder Vendor Contractor

(c) The Purchaser reserves the right to cancel an order forthwith without any financial

implications on either side if on completion of 50 of the scheduled deliveryCompletion

period the progress of manufactureSupply is not to the satisfaction of Purchaser and

failure on the part of the BidderVendorContractor to comply with the delivery schedule

is inevitable In such an event the BidderVendorContractor shall repay all the advances

GM(M)MTI2000007617Passivation Station

Page 24 of 45

together with interest at prevailing bank rates from the date of receipt of such advances till

date of repayment The title of any property delivered to Purchaser will be reverted to the

BidderVendorContractor at his cost

(d) In case of breach non-compliance of any of the agreed terms amp conditions of order

contract MDL reserves the right to recover consequential damages from the vendor

contractor on account of such premature termination of contract

(e) In case of delay beyond agreed period for liquidated damages or 10weeks from

contractual delivery period whichever is earlier MDL reserves the right to cancel the

order and procure the order items services from any available source at MDLrsquos option amp

discretion and entirely at your risk and cost Extra expenditure incurred by MDL in doing

will be recoverable from Bidder Supplier Contractor

30 Freak Low Quotes In case after opening of price bid of technically cleared firms it is noted that L-1 firm has quoted very low rates and indicates to withdraw from the tender then EMD shall be

forfeited and firm may be given tender holiday including intimation to other PSUs If the rates

quoted are less than MDL estimates by 40 or so and if the difference in rate between L1 and L2

is 30 or more than the firm will have to give additional BG of 20 of the PO value excluding

GST as additional security Bank charges for this additional BG shall be borne by MDL and

reimbursed against proof of payment

31 Indemnity - The Bidder Vendor Contractor his employees licencees agents or Sub-Vendor

Sub-contractor while on site of the Purchaser for the purpose of this contract indemnifies the

Purchaser against direct damage and or injury to the property and or the person of the Purchaser or

that of Purchasers employees agents Sub- Contractors Suppliers occurring and to the extent

caused by the negligence of the Bidder Vendor Contractor his employees licencees agents or

Sub-contractor by making good such damages to the property or compensating personal injury

and the total liability for such damages or injury shall be as mutually discussed and agreed to

You shall hold harmless and keep MDL indemnified against all claims arising as a result of

infringement of any patent rights on account of manufacture sale or use of article covered by

the order

32 MDL reserves the right to consider placement of Order Contract in part or in full against the

tendered quantity or item MDL reserves the right to place order on FOB or CIF basis

33 MDL shall not be bound by any printed conditions or provisions in the sellers bid forms or

acknowledgement of contract invoices packing list and any other documents which purport to

impose any conditions at variance with the tender terms final negotiated amp accepted terms

34 Bidders can participate in online bidding

a) By registering with above referred portal for User ID and password

b) By obtaining class III DSC (Digital Signature Certificate) for secured bidding

35 In case of improper on-line filling of Acceptance Formats for Tender Enquiry Form General

Terms amp Conditions (GTampC) and Standard Terms amp Conditions (STACS) it shall be

presumed that all our tender terms amp conditions are acceptable to you

36 In case of any clarifications bidders are requested to contact the undersigned before the closing

date of the tender Bidders can also contact toll-free customer help line of e-procurement portal

httpseprocuremdlnicin ASP on email id eproc-supportgovin Ph no 0120-4200462 0120-

4001002

Bidders intending to witness the Tender opening shall log on to httpseprocuremdlnicin

using digital signatures for witnessing the opening

GM(M)MTI2000007617Passivation Station

Page 25 of 45

37 We look forward to your participation in on-line bidding by offering your most competitive

and reasonable bid against this tender

Yours faithfully

For MAZAGON DOCK LIMITED

M Tanweer Iqbal

CM(C-MP)

Enclosure - 1 Instructions to the Bidders

Enclosure - 2 Illustrative format amp guideline for quoting prices in online Price Bid

Enclosure - 3 Standard Terms amp Conditions (STACS)

Enclosure - 4 General Terms amp Conditions (GTampC)

Enclosure - 5 Loading Factors

Enclosure - 6 Format of Letter of Credit

Enclosure 7 Bank Guarantee Format for EMD

Enclosure 8 Bank Guarantee Format for SD

Enclosure 9 Bank Guarantee Format for PBG

Enclosure - 10 MDL bank details for NEFTRTGS EMDSD transfer

Enclosure 11 Shipping Instruction for Sea amp Air Consignments

Note These Enclosuredocuments to be down loaded from our Website under below linkpath-

wwwmazagondockgovin gt Tenders gt Shipbuilding gt ldquoEnclosures Related to Tender Documents from Material

Purchase Deptrdquo

GM(M)MTI2000007617Passivation Station

Page 26 of 45

Enclosure ndash 1

Instructions to the Bidders for uploading the Techno-Commercial Bid and the Price Bid through E-

Procurement Portal

bullbullbullbull Official service provider for the website is NIC

E-mail eproc-supportgovin Office Ph No 0120-4200462 0120-4001002 Ph No +91-8826246593

bullbullbullbull Pre-requisites for up-loading the Techno-Commercial Bid

(i) Compatible computer hardware software set-up to access e-procure website

(ii) ldquoDigital Signature Certificaterdquo class III B (DSC) is a must for downloading the tender and uploading

the techno commercial offer from our website httpseprocuremdlnicin

(iii) ldquoDigital Signature Certificaterdquo class III B (DSC) can be obtained from our service provider

bullbullbullbull To ensure availability of above prerequisite is bidders responsibility

(i) It is mandatory to upload the complete techno-commercial offer and the price bid on e-

procurement

(ii) No part of the bid other than original EMD (if applicable) shall be accepted physically hard copy

outside e-procurement

(iii) Price bids shall strictly be uploaded in appropriate allotted place in the tender available in e-

procurement so that it remains secured encrypted unreadable in the system

(iv) In no circumstances the price bids shall be forwarded or uploaded in any other form

(v) Entire responsibility of the uploading of the complete techno-commercial bid along with the price

bid shall be that of the bidder

(vi) No request complaint shall be entertained after the due datetime of the tender

(vii) Non availability of any of the prerequisites or last minute calls seeking clarifications projecting

problems shall not entitle a bidder to seek request for extension of due date

(viii) Any problem with regard to uploading of the tender shall be intimated to NIC at least 24 hours in

advance to the tender closing time amp date However it will not be considered as reason for extension

of due date of the tender

(ix) Request for extension if at all to be made shall be forwarded at least 3 working days in advance to

the tender closing date time with proper reasoning The request shall be put up to the competent

authority for consideration on the merit of the case MDL reserves all rights in this regard amp decision

of MDL shall be binding to the applicant

It is important to note that the bidders can upload their bids right from the time the tender is available

at website It is advisable that the bidder uploads the bid well in time rather than wait till last minute

to avoid situations wherein he is unable to successfully upload the bid for various reasons which

cannot be addressed then due to lack of time

bullbullbullbull Special instructions to Bidders for online bidding

GM(M)MTI2000007617Passivation Station

Page 27 of 45

(i) Bidders should login well in advance to enable them to complete their bid submission before the

closing time of the tender

(ii) Bidders should submit their bid well in advance to avoid last minute frantic calls

(iii) Bidders should follow all the instructions enlisted on the front page of e-procure web page

(iv) Bidders should ensure Hardware amp Software compatibility as well as Digital Signature available on

front page of e-procure web site Request for extension of due date shall not be entertained due to

non-availability of these tools

bullbullbullbull Bidders to participate in on-line bidding

(i) By registering with above referred portal for User ID and password

(ii) By obtaining class III DSC (Digital Signature Certificate) for secured bidding

NOTE In case any vendor intending to respond against the tender and is not having the DSC to facilitate

uploading of his bid should approach the Service Provider at least 10 working days in advance of the tender

closing date requesting DSC The request so made to the Service Provider should simultaneously be

forwarded to MDL Dealing Officer In case the DSC is not received within 3 to 4 working days the GM (M)

be informed and the DSC if not received from the Service Provider three working days in advance for

suitable extension to tender closing date then only the tender due date shall be considered

GM(M)MTI2000007617Passivation Station

Page 28 of 45

Annexure-2

Illustrative format amp guideline for quoting prices in online Price Bid

Below format of price bid will appear online Indigenous bidders to follow instructions given in each respective

cell while quoting their cost in online price bid -

Item Sr no 1

Material Description As per clause No 1

Quantity As per clause No 1

Set Set

Currency INR USD EURO

For Indian Bidder Basic Unit Rate in INR only

For Foreign Bidder CIF Rate to be entered by the foreign

currency

To be quoted

of CGST+SGST or IGST on Basic rate To be quoted

Installation Commissioning Charges per Unit To be quoted

of CGST+SGST or IGST on Installation Commissioning

Charges To be quoted

Inspection Testing Charges per Unit To be quoted

of CGST+SGST or IGST on Inspection Testing Charges To be quoted

GM(M)MTI2000007617Passivation Station

Page 29 of 45

Enclosure-3

STANDARD TERMS AND CONDITIONS (STACS) 101 The word Purchaser refers to MAZAGON DOCK SHIPBUILDERS LIMITED (MDL) a Company

registered under the Indian Companies Act 1913 and it includes its successors or assignees

102 The word BidderVendorContractor means the person firm Company who undertakes to

manufacture and or supply and or undertake work of any nature assigned by the Purchaser from time to time

and includes its successors or assignees

103 The word Owner means the person or authority with whom MAZAGON DOCK SHIPBUILDERS

LIMITED (Purchaser) has contracted to carry out work in relation to which orders are placed by the

Purchaser on the BidderVendorContractor under this contract for supply or manufacture of certain items

and would include Department of Defence Production Ministry of Defence Government of India the Indian

Navy the Coast Guard and any other specified authority

120 GENERAL 121 Unless otherwise indicated specifically by the bidder contractor in his bid it shall be construed as his

acceptance of all the conditions mentioned in this STACS

200 COMMUNICATION amp LANGUAGE FOR DOCUMENTATION 201 Any letter facsimile message e-mail intimation or notice sent to the BidderVendorContractor at the

last known address mentioned in the offer order shall be deemed to be valid communication for the purpose

of the ordercontract Unless stated otherwise by the purchaser Language for communication amp all

documentation shall be same which the Purchaser has used in the tender enquiry

210 PURCHASERrsquoS PROPERTY 211 All property (such as materials drawings documents etc) issued by the Purchaser or any other

individual or firm on behalf of the Purchaser in connection with the contract shall remain confidential being

the property of the Purchaser and the BidderVendorContractor shall undertake to return all such property so

issued and will be responsible for any or all loss thereof and damage thereto resulting from whatever causes

and shall reimburse the Purchaser the full amount of loss and damage

212 On completion of work in any compartment location of the purchaserrsquos premises the

BidderSupplierContractor must ensure that the place is left in a reasonably clean state and all scrap is

transferred to nearby scrap-bins

220 RISK PURCHASE 221 If the equipment article service or any portion thereof be not delivered performed by the scheduled

delivery date period any stoppage or discontinuation of ordered supply awarded contract without written

consent by Purchaser or not meeting the required quality standards the Purchaser shall be at liberty without

prejudice to the right of the Purchaser to recover Liquidated Damages penalty as provided for in these

conditions or to any other remedy for breach of contract to terminate the contract either wholly or to the

extent of such default Amounts advanced or part thereof corresponding to the undelivered supply shall be

recoverable from the Contractor Bidder at the prevailing bank rate of interest

222 The Purchaser shall also be at liberty to purchase manufacture or supply from stock as it deems fit

other articles of the same or similar description to make good such default and or in the event of the contract

being terminated the balance of the articles of the remaining to be delivered there under Any excess over the

purchase price cost of manufacture or value of any articles supplied from the stock as the case may be over

the contract price shall be recoverable from the Bidder Vendor Contractor

230 RECOVERY ADJUSTMENT PROVISIONS 231 Payment made under one order shall not be assigned or adjusted to any other order except to the extent

agreed upon in writing by the Purchaser During the currency of the contract if any sum of money is payable

by the Bidder Vendor Contractor the same shall be deducted from any sum then due or thereafter may

become due to the Bidder Vendor Contractor under the contract or any other contract with the Purchaser

240 ADDITIONAL BANK GUARANTEE In case after opening of price bid of technically cleared firms it is noted that L-1 firm has quoted very low

rates and indicates to withdraw from the tender then EMD shall be forfeited and firm may be given tender

holiday including intimation to other PSUs If the rates quoted are less than MDL estimates by 40 or so and

if the difference in rate between L1 and L2 is 30 or more then the firm will have to give additional BG of

20 of the PO value as additional security Bank charges for this additional BG shall be borne by MDL and

reimbursed against proof of payment

250 INDEMNIFICATION 251 The Bidder Vendor Contractor his employees licencees agents or Sub-Vendor Sub-contractor

while on site of the Purchaser for the purpose of this contract indemnifies the Purchaser against direct

GM(M)MTI2000007617Passivation Station

Page 30 of 45

damage and or injury to the property and or the person of the Purchaser or that of Purchasers employees

agents Sub- Contractors Suppliers occurring and to the extent caused by the negligence of the Bidder

Vendor Contractor his employees licencees agents or Sub-contractor by making good such damages to the

property or compensating personal injury and the total liability for such damages or injury shall be as

mutually discussed and agreed to

260 TRANSFER OF VENDORS CONTRACTORrsquoS RIGHTS 261 The Bidder Vendor Contractor shall not either wholly or partly sell transfer assign or otherwise

dispose of the rights liabilities and obligations under the contract between him and the Purchaser without

prior consent of the Purchaser in writing

270 SUBCONTRACT amp RIGHT OF PURCHASER 271 The Bidder Vendor Contractor under no circumstances undertake or subcontract any work contract

from or to any other Sub-contractor without prior written approval of the Competent Authority of Purchaser

In the event it is found that such practice has been indulged in the contract is liable to be terminated without

notice and the Bidder Vendor Contractor is debarred all from future tender enquiries work orders

However in no circumstances a contractor is permitted to subcontract any part of the contract to the bidders

who had quoted for the concerned tender

280 PATENT RIGHTS 281 The Bidder Vendor Contractor shall hold harmless and keep the Purchaser indemnified against all

claims arising as a result of infringement of any patent copy rights on account of manufacture sale or use of

articles covered by the order

290 AGENTS AGENCY COMMISSION

291 The seller confirms and declares to the buyer that the seller is the original manufacturer or authorized

distributorstockiest of original manufacturer of the stores referred to in this contract and has not engaged any

individual or firm whether Indian or foreign whatsoever to intercede facilitate or in any way to

recommended to the Buyer or any of its functionaries whether officially or unofficially to the award of the

Contract Purchase order to the Seller nor has any amount been paid promised or intended to be paid to any

such individual or firm in respect of any such intercession facilitation or recommendation The Seller agrees

that if it is established at any time to the satisfaction of the Buyer that the present declaration is in any way

incorrect or if at a later stage it is discovered by the Buyer that the Seller has engaged any such

individualfirm and paid or intended to pay any amount gift reward fees commission or consideration to

such person party firm or institution whether before or after the signing of this Contract Purchase order

the Seller

will be liable to refund that amount to the Buyer

Tender no GM (M)GRA2000007246 Page 16 of 26

The seller will also be debarred from participation in any RFQTender for new projectsprogram with Buyer

for a minimum period of five years

The buyer will also have a right to consider cancellation of the Contract either wholly or in part without any

entitlement or compensation to the Seller who shall in such event be liable to refund all payments made by

the buyer in terms of the Contract along with interest at the rate of 2 per annum above LIBOR (London

Inter Bank Offer Rate) (for foreign vendors) and base rate of SBI plus 2 (for Indian Vendors)

The Buyer will also have the right to recover any such amount from any contracts concluded earlier with

Buyer

300 USE OF UNDUE INFLUENCE CORRUPT PRACTICES

301 The Bidder Supplier Contractor undertakes that he has not given offered or promised to give directly

or indirectly any gift consideration reward commission fees brokerage or inducement to any person in

service of the Purchaser or otherwise in procuring the contract or forbearing to do or for having done or

forborne to do any act in relation to the obtaining or execution of the Contract with the Purchaser for showing

or forbearing to show favour or disfavour to any person in relation to the Contract or any other Contract with

the Purchaser Any breach of the aforesaid undertaking by the Bidder Supplier Contractor or any one

employed by him or acting on his behalf (whether with or without the knowledge of the Bidder Supplier

Contractor) or the commission of any offence by the Bidder Supplier Contractor or any one employed by

him or acting on his behalf as defined in Chapter IX of the Indian Penal Code 1980 or the Prevention of

Corruption Act 1947 or any other Act enacted or the prevention of corruption shall entitle the Purchaser to

cancel the contract and all or any other contracts with the Bidder Contractor Supplier and recover from the

Bidder Supplier Contractor the amount of any loss arising from such cancellation Decision of the

Purchaser or his nominee to the effect that a breach of the undertaking has been committed shall be final and

binding on the Bidder Supplier Contractor

302 The Bidder Supplier Contractor shall not offer or agree to give any person in the employment of

GM(M)MTI2000007617Passivation Station

Page 31 of 45

Purchaser any gift or consideration of any kind as Inducement or reward for doing or forbearing to do or

for having done or forborne to do any act in relation to the obtaining or execution of the contracts Any

breach of the aforesaid condition by the Bidder Supplier Contractor or any one employed by them or

acting on their behalf (whether with or without the knowledge of the Bidder Supplier Contractor) or the

commission of any offence by the Bidder Supplier Contractor or by any one employed by them or acting

on their behalf which shall be punishable under the Indian Penal Code 1980 andor the Prevention of

Corruption by Public Servants shall entitle Purchaser to cancel the contracts and all or any other contracts

and then to recover from the Bidder Supplier Contractor the amounts of any loss arising from such

contracts cancellation including but not limited to imposition of penal damages forfeiture of Security

Deposit encashment of the Bank Guarantee and refund of the amounts paid by the Purchaser

303 In case it is found to the satisfaction of the Purchaser that the Bidder Supplier Contractor has

engaged an Agent or paid commission or influenced any person to obtain the contract as described in clauses

relating to Agents Agency Commission and use of undue Influence the Bidder Supplier Contractor on a

specific request of the Purchaser shall provide necessary information inspection of the relevant financial

document information

310 IMMUNITY OF GOVERNMENT OF INDIA CLAUSE 311 It is expressly understood and agreed by and between Ms (Bidder Supplier Contractor) and

MAZAGON DOCK SHIPBUILDERS LIMITED Dockyard Road Mumbai - 400 010 (MDL) is entering

into this Agreement solely on its own behalf and not on the behalf of any person or entity In particular it is

expressly understood and agreed that the Government of India is not a party to this Agreement and has no

liabilities obligations or rights hereunder It is expressly understood and agreed that MDL is an independent

legal entity with power and authority to enter into contracts solely in its own behalf under the applicable of

Laws of India and general principles of Contract Law The (Bidder Supplier Contractor) expressly agrees

acknowledges and understands that MDL is not an agent representative or delegate of the Government of

India It is further understood and agreed that the Government of India is not and shall not be liable for any

acts omissions and commissions breaches or other wrongs arising out of the contract Accordingly (Bidder

Supplier Contractor) hereby expressly waives releases and foregoes any and all actions or claims including

cross claims impleader claims or counter claims against the Government of India arising out of this contract

and covenants not to sue Government of India in any manner claim cause of action or thing whatsoever

arising of or under this Agreement

320 EXPORT LICENCE 321 The export licenses that may be required for delivery of the various itemsequipment to MDL shall be

arranged by the Bidder Supplier Contractor from the concerned authorities in their country without any

time amp cost implications on the Purchaser

330 BANNED OR DE-LISTED CONTRACTORS VENDORS 331 The Bidder Vendor Contractor declares that they being Proprietors Directors Partners have not

been any time individually or collectively blacklisted or banned or de-listed by any Government or quasi

Government agencies or PSUs If a bidderrsquos entities as stated above have been blacklisted or banned or delisted

by any Government or quasi Government agencies or PSUs this fact must be clearly stated and it may

not necessarily be a cause for disqualifying him

340 DUTY OF PERSONNEL OF SUPPLIERVENDOR 341 MDL being a Defence Organization Bidder Vendor Contractor undertakes that their personnel

deployed in connection with the entrusted work will not indulge in any activities other than the duties

assigned to them

350 DISPUTE RESOLUTION MECHANISM AND ARBITRATION

351 DISPUTE RESOLUTION MECHANISM (DRM) i) Any disputedifferences between the parties arising out of and in connection with the contract shall be

settled amicably by mutual negotiations

ii) In case of non-settlement by (i) above if at any time before during or after the contract period any

unsettled claim dispute or difference arose between the parties upon or in relation to or in connection with

or in any way touching or concerning this tenderagreementordercontract the same shall be referred to the

concerned Functional Director

The Functional Director shall then nominate an Executive of the rank of General Manager whom he thinks fit

and competent or a Committee of Executives whowhich shall then scrutinise the claimsdisputes that have

been referred to the concerned functional Director and make efforts for amicable settlements by mutual

discussionsnegotiations

iii) In case no amicable settlement is arrived by (ii) above within a period of three months then the contractor

shall approach Public Grievance Cell and address the disputes as per the provisions made under the relevant

GM(M)MTI2000007617Passivation Station

Page 32 of 45

clause of the contract

iv) In case the issuesdisputes do not get settled within a period of six months from the date of

submission of the dispute to the Grievance Cell then the contractor may invoke Arbitration Clause of the

contract

352 ARBITRATION Unresolved disputesdifferences if any shall then be settled by arbitration The

Arbitration proceedings shall be conducted at Mumbai India in English Language under the Arbitration amp

Conciliation Act 1996

MDL prefers to have arbitration through Institutes such as Indian Council of Arbitration (ICA)ICA-DR with

the mutual consent of the parties

353 In case of unresolved differencedispute between the Purchaser and Supplier being Central Public

Sector EnterprisesCentral Govt departments the disputes shall be resolved firstly through mutual discussion

or through the empowered agencies of the Govt or through arbitration by reference by either party to the

department of Public Enterprises as per extant guidelines If disputesdifferences remain

unresolvedunexecuted the same shall be referred first to the Cabinet Secretariat and then if necessary to the

PMO

354 Any changes to arbitration clause must be vetted by HOD (Legal) before incorporation in

contractPO

360 JURISDICTION OF COURTS 361 All contracts shall be deemed to have been wholly made in Mumbai and all claims there under are

payable in Mumbai City and it is the distinct condition of the order that no suit or action for the purpose of

enforcing any claim in respect of the order shall be instituted in any Court other than that situated in Mumbai

City Maharashtra State India ie courts in Mumbai shall alone have jurisdiction to decide upon any dispute

arising out of or in respect of the contract

-----------------------

GM(M)MTI2000007617Passivation Station

Page 33 of 45

Enclosure-4

GENERAL TERMS amp CONDITIONS (GTampC)

A10 Blank

A20 SECURITY DEPOSIT A21 The successful bidder shall submit a Security Deposit 5 of the contract order value (excluding

taxes duties freight service component) of the Order in the form of Demand Draft Bank Guarantee in the

prescribed format in favour of Purchaser within 25 days from date of Contract The Security Deposit will be

returned only after the successful execution of the order contract Refund of Security Deposit whenever

considered admissible by the Purchaser shall be without interest only

A30 FORFEITURE OF EMD BID BOND A31 In cases of withdrawal of bid during validity period or during any extension granted thereof non

acceptance of agreed conditions of Technical and or Commercial and or Price Negotiations non-submission

of the security deposit and or non-acceptance of the order the EMD or bid security will be forfeited or

encashed as the case may be

A40 FORFEITURE OF SECURITY DEPOSIT A41 Non-performance of agreed terms and or defaultbreach by BidderVendorContractor will result in

forfeiture of security deposit with application of risk purchase provisions as felt appropriate by the Purchaser

A50 FORFEITURE OF PERFORMANCE GUARANTEE A51 In the event of BidderVendorContractor failure to attend the Guarantee defects within a reasonable

period of time the Performance Bank Guarantee will be encashed by the Purchaser The Purchaserrsquos decision

shall be final and binding on BidderVendorContractor

A60 SUPPLIES A61 The equipment products items Services to be supplied shall be strictly in accordance with the

Drawings Specifications Requirements indicated in the Tender Enquiry Order with deviations if any as

mutually accepted

A70 PROGRESS REPORTING amp MONITORING A71 Where so stipulated in the order the Bidder Supplier Contractor shall render such reports from time

to time as regards the progress of the contract and in such a form as may be called for by the Purchaser

A80 CANCELLATION OF ORDER A81The Purchaser reserves the right to cancel an order forthwith without any financial implications on either

side if on completion of 50 of the scheduled deliveryCompletion period the progress of

manufactureSupply is not to the satisfaction of Purchaser and failure on the part of the

BidderVendorContractor to comply with the delivery schedule is inevitable In such an event the

BidderVendorContractor shall repay all the advances together with interest at prevailing bank rates from the

date of receipt of such advances till date of repayment The title of any property delivered to Purchaser will

be reverted to the BidderVendorContractor at his cost

A82 In case of breach non-compliance of any of the agreed terms amp conditions of order contract MDL

reserves the right to recover consequential damages from the vendor contractor on account of such

premature termination of contract

A83 In case of delay beyond agreed period for liquidated damages or 10weeks from contractual delivery

period whichever is earlier MDL reserves the right to cancel the order and procure the order items services

from any available source at MDLrsquos option amp discretion and entirely at your risk and cost Extra expenditure

incurred by MDL in doing will be recoverable from Bidder Supplier Contractor

A90 PRESERVATION AND MAINTENANCE

A91 Should any material require any preservation till its final installationfitment the detailed procedure

(Long term amp short term) for the same as also the time of interval after which the state of preservation needs

to be reviewed is to be stated by the BidderVendorContractor

A92 Further the de-preservation prior to the materialequipment being commissioned and the maintenance

procedure together with its periodicity is also to be indicated by the Bidder Vendor Contractor

A93 The Bidder Vendor Contractor in their offer must confirm that indigenous oil lubricants and

preservatives etc can be used in the equipment The bidder must also give assurance that the equipment

performance will not be downgraded by use of indigenous equivalents

A100 FREIGHT amp INSURANCE

A101 For Indigenous Bidders In cases where the offers are for Door Delivery to Purchaser transit freight

amp Insurance charges shall be borne by the Bidder Supplier Contractor In other agreed cases of Ex-works

Ex-Transporters warehouse or Railway godown offers the Bidder Supplier Contractor on dispatch shall

give details of materials with dispatch particulars and their value in time to Purchasers Insurance Company

GM(M)MTI2000007617Passivation Station

Page 34 of 45

on the contact details as provided in the order In such agreed cases the freight amp insurance charges will be

paid by the purchaser directly to the parties concerned

A102 For Foreign Bidders For overseas supplies on CIF port of dispatch basis Transit Insurance shall be

arranged by the Purchaser The Bidder Supplier Contractor shall immediately on despatch of the

items inform all relevant details of despatch such as Order number Bill of LadingAWB number

marked as Freight Paid Insurance policydocument number of packages value of consignment

invoice number in time directly to Purchasers Insurance company amp Purchaser on the contact details

as provided in the order In case of delivery term other than CIFCIP the freight amp insurance charges

will be paid by the purchaser directly to the parties concerned

A110 TAXES amp DUTIES STATUTORY LEVIES A111 Taxes and duties applicable if any shall be regularized by MDL by issuing necessary exemption

certificates in respect of procurement for Defence Projects Bidder shall indicate separately the GST and

duties applicable in their offer When the items qualify for exemption partlyfully but the supplier did not

avail of the same the amount of taxes and duties on such supplies shall be to supplierrsquos account In cases

where exemption certificates are not issued for any reason taxes shall be paid as indicated in the Purchase

OrderContract Tax deduction at source will be effected wherever applicable (eg TDS under Income tax

Act TDS on Works Contract under GST Act etc) from the bills of the Supplier as per statutes Similarly

where payment of Custom duty is agreed to and stipulated in the Purchase Order Contract the same will be

paid by the Purchaser on receipt of supplierrsquos bills along with Custom Certified Duty Paid Challan-Money

Receipt in original or carbon copy as relevant These Challans Receipts Bill of Entry are to be drawn issued

in the name of lsquoMAZAGON DOCK SHIPBUILDERS LIMITEDrsquo only Where payment of GST is agreed to

and stipulated in the Purchase Order Contract the same will be paid by the Purchaser on the basis of

Suppliers TAX INVOICE wherein the GST Number along with HSN SAC code is indicated in the Invoice

A120 DEMURRAGE A121 Storage and Demurrage charges will be payable by the Bidder Vendor Contractor for all shipments

that reach purchaser without proper dispatch documentations Lorry Receipts not accompanied by packing

lists invoices etc The Supplier shall be responsible for fines due to errors or omissions in description weight

or measurements and for increased handling charges due to improper packing

A130 INSPECTION TESTING A131The ordered items will be inspected either by Classification Society Nominated Agency and or by

Inspection Officer nominated by Purchaser at stages defined in the tender Purchase Order or as agreed to be

defined subsequently in terms of the Purchase Order

A132 The decision of the Inspecting Authority or their representatives as the case may be on any question

of the intent meaning and the scope of Specifications Standards shall be final conclusive and binding on

the Bidder Vendor Contractor

A133 The Bidder Vendor Contractor shall accord all facilities to Purchasers Inspectors Nominated

Agency to carry out Inspection Testing during course of manufacture final testing

A140 RECEIPT INSPECTION BY MDL A141 MDL shall carry out necessary inspection of the items on receipt on the basis of an appropriate quality

assurance system and inspection system requirements along with representative of the Owner Any objection

raised by MDL Quality Control Team against quality of materials or workmanship shall be satisfactorily

corrected by the Contractor at his expense including replacement as may be required within shortest possible

time within 30 days Items damaged during transit shall also be rectified replaced by the Contractor within

shortest possible time payment for which shall be made at mutually agreed rates

A150 REJECTION OF MATERIALS A151 Should the articles or any portion thereof of the equipment be found defective rejected the Bidder

Vendor Contractor shall collect the same from the Purchasers Stores all incidental charges being borne by

him (inclusive of Custom duty if payable) within 30 days from the date of intimation to the Bidder Vendor

Contractor of such rejection The Purchaser reserves the right to dispose off the rejected items at the end of

a total period of 90 days in any manner to the best advantage to the Purchaser and recover storage charges

and any consequential damages from sale proceeds of such disposal

A160 TECHNOLOGICAL DEVELOPMENTS MODIFICATIONS

A161 The Bidder Supplier Contractor shall unconditionally and free of cost to the Purchaser transfer

information on technological developments innovations modifications which the BidderSupplier

Contractor would evolve in future (within 3 years) in relation to the supplied equipment To enable this the

Purchasers address shall be added to the Bidder Supplier Contractorrsquos mailing list or database or any other

document maintained for dissemination of product information and the Purchaser shall be informed of the

GM(M)MTI2000007617Passivation Station

Page 35 of 45

action taken in this regard If such improvements modifications are brought in by the Bidder Supplier

Contractorrsquos Design Department in the course of manufacture of equipment ordered by the Purchaser the

Bidder Supplier Contractor shall incorporate such improved versions in the equipment without any extra

cost to the Purchaser under Purchaserrsquos prior consent

A162 If the Purchaser be desirous of getting incorporated all post supply modifications improvements

arising out of technological developments to the original equipment supplied by the Bidder Supplier

Contractor the Bidder Supplier Contractor shall quote for and carry out all such modifications to the

equipment

A163 Where the whole or a portion of the equipment has been specifically developed by the Bidder

Supplier Contractor for the Owner and the latter would through the Purchaser be bearing the entire or part

of the development cost incurred by the Bidder Supplier Contractor the design rights for the whole or

portion thereof of the equipment as appropriate shall vest in the Owners

A164 Prior approval of the Owner should be obtained before similar articles are sold supplied to any other

party other than the Owner If such approval is given and sale is effected the Bidder Supplier Contractor

shall pay to the Owner royalty at the rate mutually agreed to

A165 The Sub-contractor Supplier Supplier shall continue to support the equipment for a minimum period

of 20 years from the date of supply by making available spare parts and assemblies of the equipment

supplied Should the Sub-contractor Supplier Supplier decides to discontinue the product for any reason

whatsoever adequate notice shall be given to the Purchaser Owner to enable procurement of the requisite

lifetime spares

A170 PURCHASERrsquoS RIGHT TO ACCEPT ANY BID PART OF BID AND TO REJECT ANY OR

ALL BIDS A171 The Purchaser reserves the right to accept and or reject any or all tenders and or to withdraw the tender

in Toto and or award the contract order in full or part to more than one vendor contractor without

assigning any reason whatsoever and without thereby incurring any liability to the affected Bidder or Bidders

or any obligations to inform the affected Bidder or Bidders of the grounds for MDL action

A180 BANK GUARANTEE INSURANCE COVER FOR FREE ISSUE MATERIAL A181 The Bidder Supplier Contractor shall furnish Bank Guarantee insurance Cover equivalent to the

value of materials supplied by MDL free of cost valid up to the execution of the contract delivery of

material inspected accepted and receipt at MDL together with the material reconciliation statement

whichever is later

A190 BIDDERrsquoS RESPONSE IN CASE OF NO PARTICIPATION A191 The Sub-contractor Supplier Vendor shall inform the Purchaser in advance in case he is unable to

participate in the tender for whatsoever reason Failure to comply with this will be viewed seriously and

consecutive three failures on the part of Sub-contractor Supplier Vendor to do so is liable for

disqualification debarring of the Sub-contractor Supplier Vendor from all future tender enquiries and or

delisting from the list of Approved Registered Vendors

A230 PREFERENCETIAL PURCHASE FROM MSE VENDORS ndash Not Applicable MDL has right to place order on MSE firm meeting following criteria

In tenders if participating MSEs quoted prices are within price band of L1+15 such MSEs shall also be

allowed to supply a portion up to 20 of requirement by bringing down their prices to L1 price where L1 is

non MSEs If more than 1 MSEs fall under such criteria then this 20 shall be distributed proportionally

This preference shall not be applicable where MSE firm is L1 firm out of 20 percent target of annual

procurement from Micro and Small Enterprises a sub-target of 20 percent (ie 4 percent out of 20 percent)

shall be earmarked for procurement from Micro and Small Enterprises owned by the Scheduled Caste or the

Scheduled Tribe Entrepreneurs In respect of items reserved for MSE extant guidelines shall be followed

Presently Circular No SO 581(E) dated 23032012 is applicable

GM(M)MTI2000007617Passivation Station

Page 36 of 45

Annexure-5

LOADING FACTORS A

Sr

No

Description Foreign Supplier

100 import content

Indigenous

Supplier with part

Import content

Indigenous

Supplier without

Import content

1 Basic Price Quoted

CIF

a a Ex Works

b b Delivered to

MDL Stores

a Ex Works

b Delivered to

MDL Stores

2 Add Insurance Charges Nil In case of 1 (a) In case of 1 (a)

3 Add Sea Air Freight charges

Inland Road Transport Nil In case of 1 (a) In case of 1 (a)

4

Customs Clearance Port

Handling Transportation to

Yard

Applicable NIL NIL

5

Cost (ex-MDL) excluding taxes

amp duties without loading

towards any deviations

CIF price +

SrNo4 Sr Nos (1+2+3) Sr Nos (1+2+3)

B LOADINGS DUE TO VARIATIONS IN FINANCIAL TERM

6 Variation in payment Terms

Varied payment terms quoted by bidders as compared to the terms stated

in the tender document shall be normalized on the amount(s) at variation

and or for the period (in no of days) at variation by adopting the Prime

Lending Rate of State Bank India plus 2 thereon incase of indigenous

bidders and LIBOR EURIBOR rates in case of foreign bidders

7

Income tax amp Service Tax on

Technical Services Service

Engineers liability to MDL

Normalization shall be done in respect of the amount of tax that have to

be borne by the Company

8 Production norms such as

scrap output ndash input ratio

9 Base date for price variation

clause

1

0

Cost (ex-MDL) excluding taxes

amp duties after loading for

variations in financial term

(SR Nos 5 + 6 + 7 + 8 + 9)

C LOADING ON ACCOUNT OF DEVIATIONS IN FOLLOWING COMMERCIAL TERMS

11

Security Deposit Contract

Performance Guarantee Mandatory

12

Equipment Performance

Guarantee Mandatory

13

Additional delivery period

sought over stipulated period as

per Tender

For the additional period sought by the bidder over the stipulated date of

delivery as per tender 050 per week for delayed period will be loaded

to the quoted price if the period under variation does not lead to bid

rejection criteria 14 Additional time sought for

supplying binding data

15 Liquidated damages per week

rate Maximum Ceiling

If bidder seeks less than 5 (Max ceiling) then the difference will be

loaded

The rate of LD per week or part thereof is 05 If bidder seeks say 04

per week or part thereof then Max Ceiling of LD will be equated to

weeks (Say 10 weeks) then LD proposed by bidder works out to 10 X 04

= 4 then 1 will be loaded

16 Warranty Guarantee

Deviations in respect of the period of Warranty shall be loaded to the

quoted price 025 per month or part thereof This does not arise if

the bidder quotes additional price for the differential period

GM(M)MTI2000007617Passivation Station

Page 37 of 45

17

Cost (Ex-MDL) excluding taxes

amp duties after loading for

variations on account of

financial and commercial terms

Sr Nos 10 + 11 + 12 + 13 + 14 + 15 + 16

D LANDED COST

18

Taxes amp Duties

19

Landed Cost Sr Nos 17 + 18

GM(M)MTI2000007617Passivation Station

Page 38 of 45

Annexure-6

LETTER OF CREDIT FORMAT FOR SHIPMENT BY SEA AIR

40A Form of Documentary Credit Type IRREVOCABLE

20 Transaction Reference Number Documentary

Credit Number

31C Date of Issue Date

31D Date and Place of Expiry Date

Place NEGOTIATING BANK

51A Applicant Bank BIC BANKERS OF MDLMUMBAI

50 Applicant Name amp Address MAZAGON DOCK SHIPBUILDERS LTD

DOCKYARD ROAD MAZAGON MUMBAI ndash

400 010

59 Beneficiary Name amp Address

32B Currency Code Amount

Currency

Amount

39A Percentage Credit Amount Tolerance

Tolerance 1

Tolerance 2

41D Available with hellipByhellip Name amp Address

42C Draft at hellip Narrative SIGHTNEGOTIATION

42D Drawee Name amp Address BANKERS OF MDLMUMBAI

43P Partial Shipments Narrative ALLOWEDNOT ALLOWED

43T Transhipment Narrative ALLOWEDNOT ALLOWED

44A Loading on Board Dispatch Narrative AIRPORT SEAPORT (AS PER TENDER

ENQUIRYORDER)

44B For Transportation to Narrative AIRPORT SEAPORT (AS PER TENDER

ENQUIRYORDER)

44C Latest Date of Shipment Date

46A Documents required Narrative (AS PER TENDER ENQUIRY)

47A Additional conditions Narrative 1 ALL DOCUMENTS SHOULD BE MARKED

WITH IEC CODE NO0388070412 LC NO

AND DATE AND IMPORT UNDER NON-

NEGATIVE LIST OF IMPORT EXPORT

POLICY AM

2 DISCREPANT DOCUMENTS TO BE SENT

STRICTLY ON COLLECTION BASIS

71B Details of charges Narrative ALL FOREIGN BANK CHARGES OUTSIDE

INDIA ARE FOR THE BENEFICIARYrsquoS

ACCOUNT

48 Period for presentation

Narrative

WITHIN ----- DAYS FROM THE DATE OF

BILL OF LADING AIRWAY BILL 49 Confirmation instructions

Instruction

WITHOUT

53D Reimbursing Bank

Name amp Address

BANKERS OF MDL WILL SPECIFY

78 Instructions to the Paying Accepting Bank

Narrative

BANKERS OF MDL WILL SPECIFY 72 Sender to Receiver Information

Narrative

BANKERS OF MDL WILL SPECIFY

GM(M)MTI2000007617Passivation Station

Page 39 of 45

Enclosure-7

PROFORMA BANK GUARANTEE FOR BID BOND EMD

(On Non-Judicial stamp paper of value Rs 500-)

IN CONSIDERATION OF MAZAGON DOCK SHIPBUILDERS LIMTED a company incorporated under the Companies Act 1956 and having its registered office at Dockyard Road Mumbai 400010 (hereinafter referred to as

the ldquothe Companyrdquo which expression shall unless it be repugnant or contrary to the subject or context thereof be

deemed to mean and include its successors and assigns) having agreed to accept the Earnest Money Deposit (EMD)

of Rs--------------------------- -------(Rupees-----------------------------only) in the form of Bank Guarantee from Messers

a partnership firmsole proprietor businessa company registered under the Companies Act 1956

having its office at (hereinafter called the tenderer which expression shall unless it be

repugnant or contrary to the subject or context thereof be deemed to mean and include its successors and assigns) for

participating in the Tender nodated (hereinafter called the tender which expression

shall include any amendmentsalterations to the tender issued by the Company) for the supply delivery at site

installation and commissioning of certain equipment itemservicescivil works etc We

Bank having office at (hereinafter referred to as ldquothe Bankrdquo which

expression shall includes its successors and assigns) hereby agree to pay to the Company without any demur on first

demand an amount not exceeding Rs (Rupeesonly) against any loss or damage costs charges and expenses caused to or suffered by the Company by reason of non performance and non-fulfilment or for

any breach on the part of the tenderer of any of the terms and conditions of the said tender

2 We Bank further agree that the Company shall be sole judge whether the said tenderer has

failed to perform or fulfil the said tender in terms thereof or committed breach of any terms and conditions of the

tender the extent of loss damage cost charges and expenses suffered or incurred or would be suffered or incurred by

the Company on account thereof and we waive in the favour of the Company all the rights and defences to which we

as guarantors may be entitled to

3 We Bank further agree that the amount demanded by the Company as such shall be final and

binding on the Bank as to the Bank s liability to pay and the amount demanded and the Bank undertake to pay the

Company the amount so demanded on first demand and without any demur notwithstanding any dispute raised by the

tenderer or any suit or other legal proceedings including arbitration pending before any court tribunal or arbitrator

relating thereto our liability under this guarantee being absolute and unconditional

4 We Bank further agree with the Company that the Company shall have the fullest liberty

without our consent and without affecting in any manner our obligations hereunder to vary any of the terms and

conditions of the said tenderor to extend time of performance by the tenderer from time to time or to postpone for

any time to time any of the powers exercisable by the Company against the tenderer and to forbear to enforce any of

the terms and conditions relating to the tender and we shall not be relieved from our liability by reason of any such

variation or extension being granted to the tenderer or for any forbearance act or omission on the part of the

Company or any indulgence by the Company to the tenderer or by any such matter or things whatsoever which under

the law relating to sureties would have the effect of relieving us

5 We Bank further undertake not to revoke this guarantee during its currency except with

the previous consent of the Company in writing

6 We Bank also agree that the Bankrsquos liability under this guarantee shall not be affected

by any change in the constitution of the tenderer or dissolution or winding up of the business of the tenderer

7 Notwithstanding anything contained herein above

i) Our liability under this guarantee shall not exceed Rs

ii) This Bank Guarantee shall be valid upto and including and

iii) We are liable to pay the guarantee amount or any part thereof under this Bank Guarantee only and only if you

serve upon us a written claim or demand on or before helliphelliphellip (validity + --- weeks from the date of expiry of this

guarantee)

8 This Guarantee shall be governed by Indian laws and the Courts at Mumbai India shall have the exclusive

jurisdiction

GM(M)MTI2000007617Passivation Station

Page 40 of 45

IN WITNESS WHEREOF the Bank has executed this document on this day

of

For Bank

(by its constituted attorney

or the person authorized to sign)

(Signature of a person authorized

to sign on behalf of the Bank)

GM(M)MTI2000007617Passivation Station

Page 41 of 45

Enclosure-8

PROFORMA BANK GUARANTEE FOR SECURITY DEPOSIT (ILLUSTRATIVE FORMAT)

(On Non-Judicial stamp paper of value Rs 500)

IN CONSIDERATION OF MAZAGON DOCK SHIPBUILDERS LIMTED a company incorporated under the

Companies Act 1956 and having its registered office at Dockyard Road Mumbai 400010 (hereinafter referred to as

the ldquothe Purchaserrdquo which expression shall unless it be repugnant or contrary to the subject or context thereof be

deemed to mean and include its successors and assigns) having placed an order on Messers

a partnership firmsole proprietor businessa company registered under the Companies Act 1956

having its office at (hereinafter called the Contractor Supplier which expression shall unless it

be repugnant or contrary to the subject or context thereof be deemed to mean and include its successors and assigns)

vide order No dated (hereinafter called the order which expression shall include any

amendmentsalterations to the order issued by the Purchaser) for the supply delivery at site installation and

commissioning of certain equipment itemservicescivil works etc as stated in the said Order and the Purchaser

having agreed with the ContractorSupplier to accept a Bank Guarantee in lieu of Security Deposit payable under the

said order for the fulfilment and performance of the said order We Bank having

office at (hereinafter referred to as the Bank which expression shall includes its

successors and assigns) hereby agree to pay to the Purchaser without any demur on first demand an amount not

exceeding Rs (Rupeesonly) being 5 of the order value against any loss or damage costs

charges and expenses caused to or suffered by the Purchaser by reason of non performance and non-fulfilment or for

any breach on the part of the Contractor Supplier of any of the terms and conditions of the said order

2 We Bank further agree that the Purchaser shall be sole judge whether the said

contractorSupplier has failed to perform or fulfil the said order in terms thereof or committed breach of any terms

and conditions of the order and the extent of loss damage cost charges and expenses suffered or incurred or would

be suffered or incurred by the Purchaser on account thereof and we waive in the favour

of the Purchaser all the rights and defences to which we as guarantors may be entitled to

3 We Bank further agree that the amount demanded by the Purchaser as such shall be final and

binding on the Bank as to the Bank s liability to pay and the amount demanded and the Bank undertake to pay the

Purchaser the amount so demanded on first demand and without any demur notwithstanding any dispute raised by the

ContractorSupplier or any suit or other legal proceedings including arbitration pending before any court tribunal or

arbitrator relating thereto our liability under this guarantee being absolute and unconditional

4 We Bank further agree with the Purchaser that the Purchaser shall have the fullest liberty

without our consent and without affecting in any manner our obligations hereunder to vary any of the terms and

conditions of the said orderor to extend time of performance by the Supplier from time to time or to

postpone for any time to time any of the powers exercisable by the Purchaser against the Contractor Supplier and to

forbear to enforce any of the terms and conditions relating to the order and we shall not be relieved from our liability

by reason of any such variation or extension being granted to the Contractor Supplier or for any forbearance act or

omission on the part of the Purchaser or any indulgence by the

Purchaser to the ContractorSupplier or by any such matter or things whatsoever which under the law relating to

sureties would have the effect of relieving us

5 We Bank further undertake not to revoke this guarantee during its currency except with

the previous consent of the Purchaser in writing

6 We Bank also agree that the Bankrsquos liability under this guarantee shall not be affected

by any change in the constitution of the Contractor Supplier or dissolution or winding up of the business of the

contractor supplier

7 Notwithstanding anything contained herein above

i) Our liability under this guarantee shall not exceed Rs

ii) This Bank Guarantee shall be valid upto and including and

GM(M)MTI2000007617Passivation Station

Page 42 of 45

iii) We are liable to pay the guarantee amount or any part thereof under this Bank Guarantee only and only if you

serve upon us a written claim or demand on or before helliphelliphelliphellip(validity + ---weeks from the date of expiry of this

guarantee)

8 This Guarantee shall be governed by Indian laws and the Courts at Mumbai India

shall have the exclusive jurisdiction

IN WITNESS WHEREOF the Bank has executed this document on

this day of

For Bank

(by its constituted attorney)

(Signature of a person authorised

to sign on behalf of the Bank)

GM(M)MTI2000007617Passivation Station

Page 43 of 45

Enclosure-9

PROFORMA BANK GUARANTEE FOR PERFORMANCE (ILLUSTRATIVE FORMAT)

(On Non-Judicial stamp paper of value Rs 500-)

IN CONSIDERATION OF MAZAGON DOCK SHIPBUILDERS LIMTED a company incorporated under the

Companies Act 1956 and having its registered office at Dockyard Road Mumbai 400010 (hereinafter referred to as

the ldquothe Purchaserrdquo which expression shall unless it be repugnant or contrary to the subject or context thereof be

deemed to mean and include its successors and assigns) having placed an order on Messers a

partnership firmsole proprietor businessa company registered under the Companies Act 1956 having its Registered

office at (hereinafter called the Contractor Supplier which expression shall unless it be

repugnant or contrary to the subject or context thereof be deemed to mean and include its successors and assigns)

vide order No dated (hereinafter called the order which expression shall include any

amendmentsalterations to the order issued by the Purchaser) for the supply delivery at site installation and

commissioning of certain equipment itemservicescivil works etc as stated in the said Order and the Purchaser

having agreed that the Contractor Supplier shall furnish a security for the performance of the Contractorrsquos

Suppliers obligations andor discharge of the Contractorrsquos Suppliers liability in connection with the said order and

the Purchaser having agreed with the ContractorSupplier to accept a performance guarantee We

Bank having office at (hereinafter referred to as the

Bank which expression shall includes its successors and assigns) hereby agree to pay to the Purchaser without any

demur on first demand an amount not exceeding Rs (Rupeesonly) being 10 of the order

value against any loss or damage costs charges and expenses caused to or suffered by the Purchaser by reason of

non-performance and non-fulfilment or for any breach on the part of the Contractor Supplier of any of the terms and

conditions of the said order

2 We Bank further agree that the Purchaser shall be sole judge whether the said

ContractorSupplier has failed to perform or fulfil the said order in terms thereof or committed breach of any terms

and conditions of the order and the extent of loss damage cost charges and expenses suffered or incurred or would

be suffered or incurred by the Purchaser on account thereof and we waive in the favour of

the Purchaser all the rights and defences to which we as guarantors may be entitled to

3 We Bank further agree that the amount demanded by the Purchaser as such shall be final and

binding on the Bank as to the Bank s liability to pay and the amount demanded and the Bank undertake to pay the

Purchaser the amount so demanded on first demand and without any demur otwithstanding any dispute raised by the

ContractorSupplier or any suit or other legal proceedings including arbitration pending before any court tribunal or

arbitrator relating thereto our liability under this guarantee being absolute and unconditional

4 We Bank further agree with the Purchaser that the Purchaser shall have the fullest liberty

without our consent and without affecting in any manner our obligations hereunder to vary any of the terms and

conditions of the said orderor to extend time of performance by the Supplier from time to time or to postpone for

any time to time any of the powers exercisable by the Purchaser against the Contractor

Supplier and to forbear to enforce any of the terms and conditions relating to the order and we shall not be relieved

from our liability by reason of any such variation or extension being granted to the Contractor Supplier or for any

forbearance act or omission on the part of the Purchaser or any indulgence by the Purchaser to the

ContractorSupplier or by any such matter or things whatsoever which under the law

relating to sureties would have the effect of relieving us

5 We Bank further undertake not to revoke this guarantee during its currency except with

the previous consent of the Purchaser in writing

6 We Bank also agree that the Bankrsquos liability under this guarantee shall not be affected

by any change in the constitution of the Contractor Supplier or

dissolutionhelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

7 Notwithstanding anything contained herein above

i) Our liability under this guarantee shall not exceed Rs

ii) This Bank Guarantee shall be valid upto and including and

GM(M)MTI2000007617Passivation Station

Page 44 of 45

iii) We are liable to pay the guarantee amount or any part thereof under this Bank Guarantee only and only if you

serve upon us a written claim or demand on or before helliphelliphellip (validity + ---weeks from the date of expiry of this

guarantee)

8 This Guarantee shall be governed by Indian laws and the Courts at Mumbai India shall have the exclusive

jurisdiction

IN WITNESS WHEREOF the Bank has executed this document on

this day of

For Bank

(by its constituted attorney)

(Signature of a person authorised

to sign on behalf of the Bank)

GM(M)MTI2000007617Passivation Station

Page 45 of 45

Enclosure-10

Electronic Payment Mandate Form

(MDL Bank details)

Name of the CompanyFirm Mazagon Dock Shipbuilders Limited

Address with Phone no Dockyard Road Mumbai ndash 400010

E-Mail ID

Phone No +91 22 23745310

Fax No

Particulars of Bank Account

Name of the Bank State Bank of India

Name of the Branch Mazagon Dock Mumbai Branch

Branch Code 9054

Bank IFSC NEFT Code SBIN0009054

Bank Address MBPT Workshop building NV Nakhwa Road Mazagon - 400010

City Name Mumbai

Telephone No of Bank +91 22 23752802

9 digit code no of bank amp branch

appearing on the MICR cheque

issued by your bank

400002120

Type of Account Current Account

Account No 10005255246

Income Tax PAN No AAACM8029J

Page 20: Final Tender - Mazagon Dock Shipbuilders...DIVISION-SHIP BUILDING DEPARTMENT-MATERIAL PROCUREMENT Tender no.: GM(M)/MTI/2000007617 for the Engineering, Manufacturing, Supply/Installation,

GM(M)MTI2000007617Passivation Station

Page 20 of 45

than companies) giving the percentage of local content amp applicable item wise custom duty

Once the declaration certification is committed at tender submission stage the same cannot be

altered at technical negotiation stage or after award of contract otherwise would be treated

considered as false declaration by bidder

In the event of bidders not declaring or declaring less local content percentage in the offer MDL

will consider quote bid of such bidders with local content as ldquo0rdquo or ldquoNILrdquo ie the offers of such

bidders will be treated as a ldquoNon Local Supplierrdquo where no purchase preference shall be granted to these bidders

(d) If the Local Supplier is also a MSE Vendor seeking the benefit of Public Procurement Policy

for MSEs Order 2012 then such bidders should not seek benefits against the Preference to Make

in India policy ndash Order 2017 Such bidders should categorically seek benefits of only one policy

which cannot be modified subsequently once declared in the Annexure-A referred above while

submitting the bid

(e) Custom duty issue Imported FE content is inclusive of all custom duties which is required

for arriving local content Bidders to note the following about declaration of FE Content

(i) All bidders should upfront declare line item wise custom duty duly certified Such declared

custom duty percentage will only be considered for arriving local content

(ii) In the event if the rate of custom duty is found higher than the declared custom duty by bidder

then the bidderrsquos declaration shall be final for arriving L1 bid Also in such case the difference in

custom duty would be to bidders account In case of foreign bidders the same would be to bidders

account and shall not be borne or reimbursed by Shipyard

(iii) In the event of rate of custom duty happens to be lower at the time of clearance of goods then

actual custom duty shall be payable

(iv) Notwithstanding above local content shall be calculated based on the declared custom duty by

the bidder in techno-commercial bid

(f) Preference to Local Supplier The following procedure will be adopted for deciding on

preference to Local Supplier over a non-local supplier wrt Public Procurement (Preference to

Make in India) order 2017

(i) Among all qualified bids the lowest bid will be termed as L1 If L1 is from a local supplier the

contract will be awarded to L1

(ii) If L1 is not from a local supplier the lowest bidder among the local suppliers will be invited

to match the L1 price subject to local supplierrsquos quoted price falling within the margin of purchase

preference and contract shall be awarded to such local supplier subject to matching the L1 price

(iii) In case such lowest eligible local supplier fails to match the L1 price the local supplier with

the next higher bid within the margin of purchase preference shall be invited to match the L1 price

and so on and contract shall be awarded accordingly In case none of the local suppliers within the

margin of purchase preference matches the L1 price then the contract may be awarded to the L1

bidder

(g) Preference between LS and MSE Bidder This clause is applicable only if line items are

separable and MSE preference clause is also applicable Between the MSE and Local

Supplier the MSE bidder will be given preference to match with L1 bidder as per Public Procurement Policy for MSEs Order 2012 MSE vendor will be evaluated with L1+15 MSE

doesnrsquot fall under Public Procurement (Preference to Make in India) Order 2017 Local Supplier

will be evaluated with L1+20 (Margin of Purchase Preference ordinary) as per Public

Procurement (Preference to Make in India) Order 2017

(h) After the contract is awarded and the supplies are completed each supplier shall provide the supporting documentation towards realization of committed Local Content as per the contract

order terms amp conditions

In addition to these documents a ldquoLocal content certificaterdquo also shall be submitted stating the

percentage of local content in the items or services measured The ldquoLocal content certificaterdquo shall

be submitted along with the invoice

Note In cases of procurement for value in excess of Rs 10 Crores the local supplier shall be

required to provide a certificate from statutory auditor or cost auditor of the company (in case of

GM(M)MTI2000007617Passivation Station

Page 21 of 45

companies) or from a practicing cost accountant or practicing charted accountant (in respect of

supplier other than companies) giving the percentage of local content

(i) False declaration will be in breach of Code of Integrity under Rule 175(1)(i)(h) of GFR 2017

for which a bidder or its successor can be debarred for up to 2 years as per Rule 151(iii) of GFR

2017 along with such other actions as may be permissible under law

(j) Complaints Grievance Any complaints grievances relating to implementation of this order

shall be taken up by Public Grievance Cell of MDL headed by GM(F-PampS) Fees for filing a complaint under the order shall be Rs 10000- per case The complaints shall be filed to the

Chairman Public Grievance Cell The fee shall be deposited in MDLrsquos Account by NEFT

19 Public Grievance Cell A Public Grievance Cell headed by ED (East Yard) has been set up in

the Company Members of public having complaints or grievances are advised to contact him

on Wednesday between 1000 hours and 1230 hours in his EY-office MAZAGON DOCK

SHIPBUILDERS LIMITED Dockyard Road Mumbai - 400010 (022 ndash 23763506 23738368)

or send their complaints grievances to him in writing for redressal

20 Supply on MDL Holidays Request for permission for delivery on Saturday Sunday

holidays if required should be submitted 3 working days prior to the date of holiday to

Personnel department and Security through concerned Dept

21 Liquidated Damages Time is an essence of the contract therefore the job as ordered should be

completed on the dates mutually agreed upon in accordance with the delivery schedule In cases

of delay not attributable to Purchaser beyond the agreed schedule the Successful bidder shall pay

liquidated damages a sum representing 05 (Half per cent) per week or part thereof subject to

maximum of 5 of the final Order Contract value Vendor Contractor (Seller) will also be liable

to pay Liquidated Damages for late delivery of Manuals Drawings and Documentation as agreed

to by Purchaser and Vendor Contractor (Seller) and as stated in the Purchase Order The amount

of such damages will be clearly defined in the Purchase Order and may extend up to 5 of the

Order Value excluding taxes Applicability of LD will be considered as below -

1) Delay in manufacturing and supplydelivery of machinematerialitemsequipments at

MDL after dispatch clearance beyond specified schedule will attract LD 05 per week

or part thereof subject to maximum of 5

2) Delay in Installation trial Commissioning amp Training at MDL as per Work

completion date as certified by MDL user dept beyond specified schedule will attract

LD 05 per week or part thereof subject to maximum of 5 as per order

22 Hindrance Register All hindrances with date of occurrences and removal shall be noted in the

Hindrance Register The Hindrance Register shall be signed by the representatives of both MDL

as well as Contractor

23 Security Deposit (SD) The successful bidders shall have to submit Security Deposit for an

amount of 5 of the Order value excluding GST etc electronically through NEFT RTGS or

in the form of Bank Guarantee drawn in favor of MAZAGON DOCK SHIPBUILDERS

LIMITED Mumbai from the list of Banks approved by SBI Canara Bank published on MDL

Website within 25 days from the date of Order amp must be valid up to contract period plus one

month No interest will be paid on Security Deposit Please note that MDL does not extend any

concession such as exemption in payment of Security Deposit etc to any organization

irrespective of their status like registration with MDL NSIC SSI and MSME etc In case of

failure to submit Security Deposit within 25 days from the date of order placement EMD

submitted will be encashed and risk purchase clause would be invoked The Security Deposit

will be returned only after successful execution of the order and shall be interest free In the

event of failure to execute the order satisfactorily the Security Deposit will be encashed by

MDL If order is fully executed within 25 days from the date of purchase order submission of

security deposit is not applicable For delayed period of submission of SD beyond 25 days

from date of order bidder has to pay applicable interest In case the bidder is Indian Public

Sector Unit they shall submit the indemnity bond instead of Security Deposit Bidders may

advise their bankbanker to send BG directly to commercial department or through SWIFT to

dispense with additional step of verification of authenticity of signatories In case of BG

GM(M)MTI2000007617Passivation Station

Page 22 of 45

transmitted through SWIFT it shall be the responsibility of the bidder that he directs the

receiving banker to forward the message For delayed period of submission of SD beyond 25

days from date of order interest will be recovered as mentioned below

For Indian suppliers it will be SBAR plus 2 and EUROBORLIBOR plus 2 for Foreign

bidder Security Deposit will be returned only after successful execution of the order and shall

be interest free In the event of failure to execute the order satisfactorily the Security Deposit

will be encashed by MDL PSUs can submit Indemnity bond in lieu of Security deposit Bidders can submit SD amount

by using payment gateways through MDL website

24 Delivery ScheduleWork Completion Schedule and delivery term (For foreign bidders) The

entire scope of work ie Design manufacture Supply Installation Commissioning STW amp

Training to be completed within 6 months from the date of receipt of PO

1) Supplydelivery of machineItemsEquipmentsspares at MDL = within 20 weeks (CIF delivery) and

2) Time for transportation amp custom clearance time = 2 weeks

3) Installation Trials Training and Commissioning = Within 2 weeks

Delivery Term (1) Supply For Indigenous bidder Door DeliveryFOR MDL GRS Stores

For Overseas Bidder CIF Port of destination (Mumbai)

(2) Installation Commissioning STW Training -

For Overseas Bidders At MDL site

Training to be imparted to Non-executives-04 Nos for 7 days (1 week)

Delivery ScheduleWork Completion Schedule and delivery term (For Indigenous bidders) The entire scope of work ie Design manufacture Supply Installation Commissioning STW amp

Training to be completed within 6 months from the date of receipt of PO

1) Supplydelivery of machineItemsEquipmentsspares at MDL = within 22 weeks (CIF

delivery) and

2) Installation Trials Training and Commissioning = Within 2 weeks

Delivery Term (1) Supply For Indigenous bidder Door DeliveryFOR MDL GRS Stores

For Overseas Bidder CIF Port of destination (Mumbai)

(2) Installation Commissioning STW Training - For Indigenous Bidders At MDL site

Training to be imparted to Non-executives-04 Nos for 7 days (1 week)

25 Assistance for Installation Testing Commissioning Maintenance amp other Technical

activities 1 Services of engineersManpower in connection with assistance of delivery

loadingunloading installation setting-in-work testing tuning commissioning

training to be considered in the scope of supply

2 All machinery equipments Oxygenother fuel gas for cutting fork lift welding Tools

amp Tackles accessories spares Chemicals consumables Special tools Fixtures and

tackles Workshop and fabrication shop Calibration facility Local transportation and

Internal Transportation storage amp preservation materials Ist fill of Oil lubricants

grease amp other resources etc required for Installation commissioning work to be

arranged by contractor Crane facility for unloading the equipment at the site Space water compressed air and electric Power will be provided by MDL

During Guarantee Warranty period the entire maintenance repair job shall be carried out by

experienced service engineers amp technicians The supply of all necessary tools tackles and

instruments required for the preventive and breakdown maintenance of the equipment covered

by this contract shall be in contractorrsquos scope No sub-contracting will be allowed

26 Spares Post sale product support 1 The Bidder shall assure a continuous supply of spare parts for at least 10 years from

GM(M)MTI2000007617Passivation Station

Page 23 of 45

the date of commissioning of the machine at MDL

2 List of Service centers amp Setup details to be provided

3 Standard accessories required for making itemequipmentmachine operational amp

ready to use should be included in the scope of supply

4 All defective parts spares can either be repaired or replaced by new parts Spares

replaced will be either of same make or equivalent as suggested by the OEM after

consultation with MDL However the total responsibility of the quality of spares supplied or parts repaired shall be with the Contractor

3 If any defective partitemequipment required to be taken out to the service center by

the firm for the further repairing the firm shall be asked to submit the necessary

indemnity bondBG as required Taking out defective partitemequipment from MDL

and bringing back repaired part item equipment to MDL is in the firmrsquos scope of

work The firm has to bear all the transportation charges amp transit insurance

27 Inspection - (a) Receipt Inspection by MDL- MDL inspection cell amp User dept shall carry out necessary

inspection of the items on receipt in the MDL Yard on the basis of an appropriate MDL

Inspection system requirement along with the representative of user dept amp the Inspection

documents submitted by suppliers Any objection raised by MDL inspection team against

quality of material or workmanship shall be satisfactorily corrected by the supplier at his

expenses including replacement as may be required within shortest possible time within 30

days Items damaged during transit shall also be rectified or replaced by the supplier within

shortest possible time

(b) Rejection of the material Any portion of the equipment found defectiverejected the

supplier shall collect the same at his cost from the MDL Yard all incidental charges being

born by supplier (inclusive of custom duty if payable) within 30 days from the date of

intimation to the supplier of such rejection The MDL reserves the rights to dispose off the

rejected item at the end of a total period of 90 days in any manner to the best advantage to the

MDLamp recover storage charges amp any consequential damages from sale proceeds of such

disposal

(c) Final work completion certificate in respect of completion of entire scope of work will be

certified by MDL user dept

28 Purchase Preference for MSE - NA

29 Risk Purchase amp Cancellation of Order (a) If the equipment article service or any portion thereof be not delivered performed by

the scheduled delivery date period any stoppage or discontinuation of ordered supply

awarded contract without written consent by Purchaser or not meeting the required quality

standards the Purchaser shall be at liberty without prejudice to the right of the Purchaser

to recover Liquidated Damages penalty as provided for in these conditions or to any

other remedy for breach of contract to terminate the contract either wholly or to the extent

of such default Amounts advanced or part thereof corresponding to the undelivered

supply shall be recoverable from the Contractor Bidder at the prevailing bank rate of interest

(b) The Purchaser shall also be at liberty to purchase manufacture or supply from stock as it

deems fit other articles of the same or similar description to make good such default and

or in the event of the contract being terminated the balance of the articles of the

remaining to be delivered there under Any excess over the purchase price cost of

manufacture or value of any articles supplied from the stock as the case may be over the

contract price shall be recoverable from the Bidder Vendor Contractor

(c) The Purchaser reserves the right to cancel an order forthwith without any financial

implications on either side if on completion of 50 of the scheduled deliveryCompletion

period the progress of manufactureSupply is not to the satisfaction of Purchaser and

failure on the part of the BidderVendorContractor to comply with the delivery schedule

is inevitable In such an event the BidderVendorContractor shall repay all the advances

GM(M)MTI2000007617Passivation Station

Page 24 of 45

together with interest at prevailing bank rates from the date of receipt of such advances till

date of repayment The title of any property delivered to Purchaser will be reverted to the

BidderVendorContractor at his cost

(d) In case of breach non-compliance of any of the agreed terms amp conditions of order

contract MDL reserves the right to recover consequential damages from the vendor

contractor on account of such premature termination of contract

(e) In case of delay beyond agreed period for liquidated damages or 10weeks from

contractual delivery period whichever is earlier MDL reserves the right to cancel the

order and procure the order items services from any available source at MDLrsquos option amp

discretion and entirely at your risk and cost Extra expenditure incurred by MDL in doing

will be recoverable from Bidder Supplier Contractor

30 Freak Low Quotes In case after opening of price bid of technically cleared firms it is noted that L-1 firm has quoted very low rates and indicates to withdraw from the tender then EMD shall be

forfeited and firm may be given tender holiday including intimation to other PSUs If the rates

quoted are less than MDL estimates by 40 or so and if the difference in rate between L1 and L2

is 30 or more than the firm will have to give additional BG of 20 of the PO value excluding

GST as additional security Bank charges for this additional BG shall be borne by MDL and

reimbursed against proof of payment

31 Indemnity - The Bidder Vendor Contractor his employees licencees agents or Sub-Vendor

Sub-contractor while on site of the Purchaser for the purpose of this contract indemnifies the

Purchaser against direct damage and or injury to the property and or the person of the Purchaser or

that of Purchasers employees agents Sub- Contractors Suppliers occurring and to the extent

caused by the negligence of the Bidder Vendor Contractor his employees licencees agents or

Sub-contractor by making good such damages to the property or compensating personal injury

and the total liability for such damages or injury shall be as mutually discussed and agreed to

You shall hold harmless and keep MDL indemnified against all claims arising as a result of

infringement of any patent rights on account of manufacture sale or use of article covered by

the order

32 MDL reserves the right to consider placement of Order Contract in part or in full against the

tendered quantity or item MDL reserves the right to place order on FOB or CIF basis

33 MDL shall not be bound by any printed conditions or provisions in the sellers bid forms or

acknowledgement of contract invoices packing list and any other documents which purport to

impose any conditions at variance with the tender terms final negotiated amp accepted terms

34 Bidders can participate in online bidding

a) By registering with above referred portal for User ID and password

b) By obtaining class III DSC (Digital Signature Certificate) for secured bidding

35 In case of improper on-line filling of Acceptance Formats for Tender Enquiry Form General

Terms amp Conditions (GTampC) and Standard Terms amp Conditions (STACS) it shall be

presumed that all our tender terms amp conditions are acceptable to you

36 In case of any clarifications bidders are requested to contact the undersigned before the closing

date of the tender Bidders can also contact toll-free customer help line of e-procurement portal

httpseprocuremdlnicin ASP on email id eproc-supportgovin Ph no 0120-4200462 0120-

4001002

Bidders intending to witness the Tender opening shall log on to httpseprocuremdlnicin

using digital signatures for witnessing the opening

GM(M)MTI2000007617Passivation Station

Page 25 of 45

37 We look forward to your participation in on-line bidding by offering your most competitive

and reasonable bid against this tender

Yours faithfully

For MAZAGON DOCK LIMITED

M Tanweer Iqbal

CM(C-MP)

Enclosure - 1 Instructions to the Bidders

Enclosure - 2 Illustrative format amp guideline for quoting prices in online Price Bid

Enclosure - 3 Standard Terms amp Conditions (STACS)

Enclosure - 4 General Terms amp Conditions (GTampC)

Enclosure - 5 Loading Factors

Enclosure - 6 Format of Letter of Credit

Enclosure 7 Bank Guarantee Format for EMD

Enclosure 8 Bank Guarantee Format for SD

Enclosure 9 Bank Guarantee Format for PBG

Enclosure - 10 MDL bank details for NEFTRTGS EMDSD transfer

Enclosure 11 Shipping Instruction for Sea amp Air Consignments

Note These Enclosuredocuments to be down loaded from our Website under below linkpath-

wwwmazagondockgovin gt Tenders gt Shipbuilding gt ldquoEnclosures Related to Tender Documents from Material

Purchase Deptrdquo

GM(M)MTI2000007617Passivation Station

Page 26 of 45

Enclosure ndash 1

Instructions to the Bidders for uploading the Techno-Commercial Bid and the Price Bid through E-

Procurement Portal

bullbullbullbull Official service provider for the website is NIC

E-mail eproc-supportgovin Office Ph No 0120-4200462 0120-4001002 Ph No +91-8826246593

bullbullbullbull Pre-requisites for up-loading the Techno-Commercial Bid

(i) Compatible computer hardware software set-up to access e-procure website

(ii) ldquoDigital Signature Certificaterdquo class III B (DSC) is a must for downloading the tender and uploading

the techno commercial offer from our website httpseprocuremdlnicin

(iii) ldquoDigital Signature Certificaterdquo class III B (DSC) can be obtained from our service provider

bullbullbullbull To ensure availability of above prerequisite is bidders responsibility

(i) It is mandatory to upload the complete techno-commercial offer and the price bid on e-

procurement

(ii) No part of the bid other than original EMD (if applicable) shall be accepted physically hard copy

outside e-procurement

(iii) Price bids shall strictly be uploaded in appropriate allotted place in the tender available in e-

procurement so that it remains secured encrypted unreadable in the system

(iv) In no circumstances the price bids shall be forwarded or uploaded in any other form

(v) Entire responsibility of the uploading of the complete techno-commercial bid along with the price

bid shall be that of the bidder

(vi) No request complaint shall be entertained after the due datetime of the tender

(vii) Non availability of any of the prerequisites or last minute calls seeking clarifications projecting

problems shall not entitle a bidder to seek request for extension of due date

(viii) Any problem with regard to uploading of the tender shall be intimated to NIC at least 24 hours in

advance to the tender closing time amp date However it will not be considered as reason for extension

of due date of the tender

(ix) Request for extension if at all to be made shall be forwarded at least 3 working days in advance to

the tender closing date time with proper reasoning The request shall be put up to the competent

authority for consideration on the merit of the case MDL reserves all rights in this regard amp decision

of MDL shall be binding to the applicant

It is important to note that the bidders can upload their bids right from the time the tender is available

at website It is advisable that the bidder uploads the bid well in time rather than wait till last minute

to avoid situations wherein he is unable to successfully upload the bid for various reasons which

cannot be addressed then due to lack of time

bullbullbullbull Special instructions to Bidders for online bidding

GM(M)MTI2000007617Passivation Station

Page 27 of 45

(i) Bidders should login well in advance to enable them to complete their bid submission before the

closing time of the tender

(ii) Bidders should submit their bid well in advance to avoid last minute frantic calls

(iii) Bidders should follow all the instructions enlisted on the front page of e-procure web page

(iv) Bidders should ensure Hardware amp Software compatibility as well as Digital Signature available on

front page of e-procure web site Request for extension of due date shall not be entertained due to

non-availability of these tools

bullbullbullbull Bidders to participate in on-line bidding

(i) By registering with above referred portal for User ID and password

(ii) By obtaining class III DSC (Digital Signature Certificate) for secured bidding

NOTE In case any vendor intending to respond against the tender and is not having the DSC to facilitate

uploading of his bid should approach the Service Provider at least 10 working days in advance of the tender

closing date requesting DSC The request so made to the Service Provider should simultaneously be

forwarded to MDL Dealing Officer In case the DSC is not received within 3 to 4 working days the GM (M)

be informed and the DSC if not received from the Service Provider three working days in advance for

suitable extension to tender closing date then only the tender due date shall be considered

GM(M)MTI2000007617Passivation Station

Page 28 of 45

Annexure-2

Illustrative format amp guideline for quoting prices in online Price Bid

Below format of price bid will appear online Indigenous bidders to follow instructions given in each respective

cell while quoting their cost in online price bid -

Item Sr no 1

Material Description As per clause No 1

Quantity As per clause No 1

Set Set

Currency INR USD EURO

For Indian Bidder Basic Unit Rate in INR only

For Foreign Bidder CIF Rate to be entered by the foreign

currency

To be quoted

of CGST+SGST or IGST on Basic rate To be quoted

Installation Commissioning Charges per Unit To be quoted

of CGST+SGST or IGST on Installation Commissioning

Charges To be quoted

Inspection Testing Charges per Unit To be quoted

of CGST+SGST or IGST on Inspection Testing Charges To be quoted

GM(M)MTI2000007617Passivation Station

Page 29 of 45

Enclosure-3

STANDARD TERMS AND CONDITIONS (STACS) 101 The word Purchaser refers to MAZAGON DOCK SHIPBUILDERS LIMITED (MDL) a Company

registered under the Indian Companies Act 1913 and it includes its successors or assignees

102 The word BidderVendorContractor means the person firm Company who undertakes to

manufacture and or supply and or undertake work of any nature assigned by the Purchaser from time to time

and includes its successors or assignees

103 The word Owner means the person or authority with whom MAZAGON DOCK SHIPBUILDERS

LIMITED (Purchaser) has contracted to carry out work in relation to which orders are placed by the

Purchaser on the BidderVendorContractor under this contract for supply or manufacture of certain items

and would include Department of Defence Production Ministry of Defence Government of India the Indian

Navy the Coast Guard and any other specified authority

120 GENERAL 121 Unless otherwise indicated specifically by the bidder contractor in his bid it shall be construed as his

acceptance of all the conditions mentioned in this STACS

200 COMMUNICATION amp LANGUAGE FOR DOCUMENTATION 201 Any letter facsimile message e-mail intimation or notice sent to the BidderVendorContractor at the

last known address mentioned in the offer order shall be deemed to be valid communication for the purpose

of the ordercontract Unless stated otherwise by the purchaser Language for communication amp all

documentation shall be same which the Purchaser has used in the tender enquiry

210 PURCHASERrsquoS PROPERTY 211 All property (such as materials drawings documents etc) issued by the Purchaser or any other

individual or firm on behalf of the Purchaser in connection with the contract shall remain confidential being

the property of the Purchaser and the BidderVendorContractor shall undertake to return all such property so

issued and will be responsible for any or all loss thereof and damage thereto resulting from whatever causes

and shall reimburse the Purchaser the full amount of loss and damage

212 On completion of work in any compartment location of the purchaserrsquos premises the

BidderSupplierContractor must ensure that the place is left in a reasonably clean state and all scrap is

transferred to nearby scrap-bins

220 RISK PURCHASE 221 If the equipment article service or any portion thereof be not delivered performed by the scheduled

delivery date period any stoppage or discontinuation of ordered supply awarded contract without written

consent by Purchaser or not meeting the required quality standards the Purchaser shall be at liberty without

prejudice to the right of the Purchaser to recover Liquidated Damages penalty as provided for in these

conditions or to any other remedy for breach of contract to terminate the contract either wholly or to the

extent of such default Amounts advanced or part thereof corresponding to the undelivered supply shall be

recoverable from the Contractor Bidder at the prevailing bank rate of interest

222 The Purchaser shall also be at liberty to purchase manufacture or supply from stock as it deems fit

other articles of the same or similar description to make good such default and or in the event of the contract

being terminated the balance of the articles of the remaining to be delivered there under Any excess over the

purchase price cost of manufacture or value of any articles supplied from the stock as the case may be over

the contract price shall be recoverable from the Bidder Vendor Contractor

230 RECOVERY ADJUSTMENT PROVISIONS 231 Payment made under one order shall not be assigned or adjusted to any other order except to the extent

agreed upon in writing by the Purchaser During the currency of the contract if any sum of money is payable

by the Bidder Vendor Contractor the same shall be deducted from any sum then due or thereafter may

become due to the Bidder Vendor Contractor under the contract or any other contract with the Purchaser

240 ADDITIONAL BANK GUARANTEE In case after opening of price bid of technically cleared firms it is noted that L-1 firm has quoted very low

rates and indicates to withdraw from the tender then EMD shall be forfeited and firm may be given tender

holiday including intimation to other PSUs If the rates quoted are less than MDL estimates by 40 or so and

if the difference in rate between L1 and L2 is 30 or more then the firm will have to give additional BG of

20 of the PO value as additional security Bank charges for this additional BG shall be borne by MDL and

reimbursed against proof of payment

250 INDEMNIFICATION 251 The Bidder Vendor Contractor his employees licencees agents or Sub-Vendor Sub-contractor

while on site of the Purchaser for the purpose of this contract indemnifies the Purchaser against direct

GM(M)MTI2000007617Passivation Station

Page 30 of 45

damage and or injury to the property and or the person of the Purchaser or that of Purchasers employees

agents Sub- Contractors Suppliers occurring and to the extent caused by the negligence of the Bidder

Vendor Contractor his employees licencees agents or Sub-contractor by making good such damages to the

property or compensating personal injury and the total liability for such damages or injury shall be as

mutually discussed and agreed to

260 TRANSFER OF VENDORS CONTRACTORrsquoS RIGHTS 261 The Bidder Vendor Contractor shall not either wholly or partly sell transfer assign or otherwise

dispose of the rights liabilities and obligations under the contract between him and the Purchaser without

prior consent of the Purchaser in writing

270 SUBCONTRACT amp RIGHT OF PURCHASER 271 The Bidder Vendor Contractor under no circumstances undertake or subcontract any work contract

from or to any other Sub-contractor without prior written approval of the Competent Authority of Purchaser

In the event it is found that such practice has been indulged in the contract is liable to be terminated without

notice and the Bidder Vendor Contractor is debarred all from future tender enquiries work orders

However in no circumstances a contractor is permitted to subcontract any part of the contract to the bidders

who had quoted for the concerned tender

280 PATENT RIGHTS 281 The Bidder Vendor Contractor shall hold harmless and keep the Purchaser indemnified against all

claims arising as a result of infringement of any patent copy rights on account of manufacture sale or use of

articles covered by the order

290 AGENTS AGENCY COMMISSION

291 The seller confirms and declares to the buyer that the seller is the original manufacturer or authorized

distributorstockiest of original manufacturer of the stores referred to in this contract and has not engaged any

individual or firm whether Indian or foreign whatsoever to intercede facilitate or in any way to

recommended to the Buyer or any of its functionaries whether officially or unofficially to the award of the

Contract Purchase order to the Seller nor has any amount been paid promised or intended to be paid to any

such individual or firm in respect of any such intercession facilitation or recommendation The Seller agrees

that if it is established at any time to the satisfaction of the Buyer that the present declaration is in any way

incorrect or if at a later stage it is discovered by the Buyer that the Seller has engaged any such

individualfirm and paid or intended to pay any amount gift reward fees commission or consideration to

such person party firm or institution whether before or after the signing of this Contract Purchase order

the Seller

will be liable to refund that amount to the Buyer

Tender no GM (M)GRA2000007246 Page 16 of 26

The seller will also be debarred from participation in any RFQTender for new projectsprogram with Buyer

for a minimum period of five years

The buyer will also have a right to consider cancellation of the Contract either wholly or in part without any

entitlement or compensation to the Seller who shall in such event be liable to refund all payments made by

the buyer in terms of the Contract along with interest at the rate of 2 per annum above LIBOR (London

Inter Bank Offer Rate) (for foreign vendors) and base rate of SBI plus 2 (for Indian Vendors)

The Buyer will also have the right to recover any such amount from any contracts concluded earlier with

Buyer

300 USE OF UNDUE INFLUENCE CORRUPT PRACTICES

301 The Bidder Supplier Contractor undertakes that he has not given offered or promised to give directly

or indirectly any gift consideration reward commission fees brokerage or inducement to any person in

service of the Purchaser or otherwise in procuring the contract or forbearing to do or for having done or

forborne to do any act in relation to the obtaining or execution of the Contract with the Purchaser for showing

or forbearing to show favour or disfavour to any person in relation to the Contract or any other Contract with

the Purchaser Any breach of the aforesaid undertaking by the Bidder Supplier Contractor or any one

employed by him or acting on his behalf (whether with or without the knowledge of the Bidder Supplier

Contractor) or the commission of any offence by the Bidder Supplier Contractor or any one employed by

him or acting on his behalf as defined in Chapter IX of the Indian Penal Code 1980 or the Prevention of

Corruption Act 1947 or any other Act enacted or the prevention of corruption shall entitle the Purchaser to

cancel the contract and all or any other contracts with the Bidder Contractor Supplier and recover from the

Bidder Supplier Contractor the amount of any loss arising from such cancellation Decision of the

Purchaser or his nominee to the effect that a breach of the undertaking has been committed shall be final and

binding on the Bidder Supplier Contractor

302 The Bidder Supplier Contractor shall not offer or agree to give any person in the employment of

GM(M)MTI2000007617Passivation Station

Page 31 of 45

Purchaser any gift or consideration of any kind as Inducement or reward for doing or forbearing to do or

for having done or forborne to do any act in relation to the obtaining or execution of the contracts Any

breach of the aforesaid condition by the Bidder Supplier Contractor or any one employed by them or

acting on their behalf (whether with or without the knowledge of the Bidder Supplier Contractor) or the

commission of any offence by the Bidder Supplier Contractor or by any one employed by them or acting

on their behalf which shall be punishable under the Indian Penal Code 1980 andor the Prevention of

Corruption by Public Servants shall entitle Purchaser to cancel the contracts and all or any other contracts

and then to recover from the Bidder Supplier Contractor the amounts of any loss arising from such

contracts cancellation including but not limited to imposition of penal damages forfeiture of Security

Deposit encashment of the Bank Guarantee and refund of the amounts paid by the Purchaser

303 In case it is found to the satisfaction of the Purchaser that the Bidder Supplier Contractor has

engaged an Agent or paid commission or influenced any person to obtain the contract as described in clauses

relating to Agents Agency Commission and use of undue Influence the Bidder Supplier Contractor on a

specific request of the Purchaser shall provide necessary information inspection of the relevant financial

document information

310 IMMUNITY OF GOVERNMENT OF INDIA CLAUSE 311 It is expressly understood and agreed by and between Ms (Bidder Supplier Contractor) and

MAZAGON DOCK SHIPBUILDERS LIMITED Dockyard Road Mumbai - 400 010 (MDL) is entering

into this Agreement solely on its own behalf and not on the behalf of any person or entity In particular it is

expressly understood and agreed that the Government of India is not a party to this Agreement and has no

liabilities obligations or rights hereunder It is expressly understood and agreed that MDL is an independent

legal entity with power and authority to enter into contracts solely in its own behalf under the applicable of

Laws of India and general principles of Contract Law The (Bidder Supplier Contractor) expressly agrees

acknowledges and understands that MDL is not an agent representative or delegate of the Government of

India It is further understood and agreed that the Government of India is not and shall not be liable for any

acts omissions and commissions breaches or other wrongs arising out of the contract Accordingly (Bidder

Supplier Contractor) hereby expressly waives releases and foregoes any and all actions or claims including

cross claims impleader claims or counter claims against the Government of India arising out of this contract

and covenants not to sue Government of India in any manner claim cause of action or thing whatsoever

arising of or under this Agreement

320 EXPORT LICENCE 321 The export licenses that may be required for delivery of the various itemsequipment to MDL shall be

arranged by the Bidder Supplier Contractor from the concerned authorities in their country without any

time amp cost implications on the Purchaser

330 BANNED OR DE-LISTED CONTRACTORS VENDORS 331 The Bidder Vendor Contractor declares that they being Proprietors Directors Partners have not

been any time individually or collectively blacklisted or banned or de-listed by any Government or quasi

Government agencies or PSUs If a bidderrsquos entities as stated above have been blacklisted or banned or delisted

by any Government or quasi Government agencies or PSUs this fact must be clearly stated and it may

not necessarily be a cause for disqualifying him

340 DUTY OF PERSONNEL OF SUPPLIERVENDOR 341 MDL being a Defence Organization Bidder Vendor Contractor undertakes that their personnel

deployed in connection with the entrusted work will not indulge in any activities other than the duties

assigned to them

350 DISPUTE RESOLUTION MECHANISM AND ARBITRATION

351 DISPUTE RESOLUTION MECHANISM (DRM) i) Any disputedifferences between the parties arising out of and in connection with the contract shall be

settled amicably by mutual negotiations

ii) In case of non-settlement by (i) above if at any time before during or after the contract period any

unsettled claim dispute or difference arose between the parties upon or in relation to or in connection with

or in any way touching or concerning this tenderagreementordercontract the same shall be referred to the

concerned Functional Director

The Functional Director shall then nominate an Executive of the rank of General Manager whom he thinks fit

and competent or a Committee of Executives whowhich shall then scrutinise the claimsdisputes that have

been referred to the concerned functional Director and make efforts for amicable settlements by mutual

discussionsnegotiations

iii) In case no amicable settlement is arrived by (ii) above within a period of three months then the contractor

shall approach Public Grievance Cell and address the disputes as per the provisions made under the relevant

GM(M)MTI2000007617Passivation Station

Page 32 of 45

clause of the contract

iv) In case the issuesdisputes do not get settled within a period of six months from the date of

submission of the dispute to the Grievance Cell then the contractor may invoke Arbitration Clause of the

contract

352 ARBITRATION Unresolved disputesdifferences if any shall then be settled by arbitration The

Arbitration proceedings shall be conducted at Mumbai India in English Language under the Arbitration amp

Conciliation Act 1996

MDL prefers to have arbitration through Institutes such as Indian Council of Arbitration (ICA)ICA-DR with

the mutual consent of the parties

353 In case of unresolved differencedispute between the Purchaser and Supplier being Central Public

Sector EnterprisesCentral Govt departments the disputes shall be resolved firstly through mutual discussion

or through the empowered agencies of the Govt or through arbitration by reference by either party to the

department of Public Enterprises as per extant guidelines If disputesdifferences remain

unresolvedunexecuted the same shall be referred first to the Cabinet Secretariat and then if necessary to the

PMO

354 Any changes to arbitration clause must be vetted by HOD (Legal) before incorporation in

contractPO

360 JURISDICTION OF COURTS 361 All contracts shall be deemed to have been wholly made in Mumbai and all claims there under are

payable in Mumbai City and it is the distinct condition of the order that no suit or action for the purpose of

enforcing any claim in respect of the order shall be instituted in any Court other than that situated in Mumbai

City Maharashtra State India ie courts in Mumbai shall alone have jurisdiction to decide upon any dispute

arising out of or in respect of the contract

-----------------------

GM(M)MTI2000007617Passivation Station

Page 33 of 45

Enclosure-4

GENERAL TERMS amp CONDITIONS (GTampC)

A10 Blank

A20 SECURITY DEPOSIT A21 The successful bidder shall submit a Security Deposit 5 of the contract order value (excluding

taxes duties freight service component) of the Order in the form of Demand Draft Bank Guarantee in the

prescribed format in favour of Purchaser within 25 days from date of Contract The Security Deposit will be

returned only after the successful execution of the order contract Refund of Security Deposit whenever

considered admissible by the Purchaser shall be without interest only

A30 FORFEITURE OF EMD BID BOND A31 In cases of withdrawal of bid during validity period or during any extension granted thereof non

acceptance of agreed conditions of Technical and or Commercial and or Price Negotiations non-submission

of the security deposit and or non-acceptance of the order the EMD or bid security will be forfeited or

encashed as the case may be

A40 FORFEITURE OF SECURITY DEPOSIT A41 Non-performance of agreed terms and or defaultbreach by BidderVendorContractor will result in

forfeiture of security deposit with application of risk purchase provisions as felt appropriate by the Purchaser

A50 FORFEITURE OF PERFORMANCE GUARANTEE A51 In the event of BidderVendorContractor failure to attend the Guarantee defects within a reasonable

period of time the Performance Bank Guarantee will be encashed by the Purchaser The Purchaserrsquos decision

shall be final and binding on BidderVendorContractor

A60 SUPPLIES A61 The equipment products items Services to be supplied shall be strictly in accordance with the

Drawings Specifications Requirements indicated in the Tender Enquiry Order with deviations if any as

mutually accepted

A70 PROGRESS REPORTING amp MONITORING A71 Where so stipulated in the order the Bidder Supplier Contractor shall render such reports from time

to time as regards the progress of the contract and in such a form as may be called for by the Purchaser

A80 CANCELLATION OF ORDER A81The Purchaser reserves the right to cancel an order forthwith without any financial implications on either

side if on completion of 50 of the scheduled deliveryCompletion period the progress of

manufactureSupply is not to the satisfaction of Purchaser and failure on the part of the

BidderVendorContractor to comply with the delivery schedule is inevitable In such an event the

BidderVendorContractor shall repay all the advances together with interest at prevailing bank rates from the

date of receipt of such advances till date of repayment The title of any property delivered to Purchaser will

be reverted to the BidderVendorContractor at his cost

A82 In case of breach non-compliance of any of the agreed terms amp conditions of order contract MDL

reserves the right to recover consequential damages from the vendor contractor on account of such

premature termination of contract

A83 In case of delay beyond agreed period for liquidated damages or 10weeks from contractual delivery

period whichever is earlier MDL reserves the right to cancel the order and procure the order items services

from any available source at MDLrsquos option amp discretion and entirely at your risk and cost Extra expenditure

incurred by MDL in doing will be recoverable from Bidder Supplier Contractor

A90 PRESERVATION AND MAINTENANCE

A91 Should any material require any preservation till its final installationfitment the detailed procedure

(Long term amp short term) for the same as also the time of interval after which the state of preservation needs

to be reviewed is to be stated by the BidderVendorContractor

A92 Further the de-preservation prior to the materialequipment being commissioned and the maintenance

procedure together with its periodicity is also to be indicated by the Bidder Vendor Contractor

A93 The Bidder Vendor Contractor in their offer must confirm that indigenous oil lubricants and

preservatives etc can be used in the equipment The bidder must also give assurance that the equipment

performance will not be downgraded by use of indigenous equivalents

A100 FREIGHT amp INSURANCE

A101 For Indigenous Bidders In cases where the offers are for Door Delivery to Purchaser transit freight

amp Insurance charges shall be borne by the Bidder Supplier Contractor In other agreed cases of Ex-works

Ex-Transporters warehouse or Railway godown offers the Bidder Supplier Contractor on dispatch shall

give details of materials with dispatch particulars and their value in time to Purchasers Insurance Company

GM(M)MTI2000007617Passivation Station

Page 34 of 45

on the contact details as provided in the order In such agreed cases the freight amp insurance charges will be

paid by the purchaser directly to the parties concerned

A102 For Foreign Bidders For overseas supplies on CIF port of dispatch basis Transit Insurance shall be

arranged by the Purchaser The Bidder Supplier Contractor shall immediately on despatch of the

items inform all relevant details of despatch such as Order number Bill of LadingAWB number

marked as Freight Paid Insurance policydocument number of packages value of consignment

invoice number in time directly to Purchasers Insurance company amp Purchaser on the contact details

as provided in the order In case of delivery term other than CIFCIP the freight amp insurance charges

will be paid by the purchaser directly to the parties concerned

A110 TAXES amp DUTIES STATUTORY LEVIES A111 Taxes and duties applicable if any shall be regularized by MDL by issuing necessary exemption

certificates in respect of procurement for Defence Projects Bidder shall indicate separately the GST and

duties applicable in their offer When the items qualify for exemption partlyfully but the supplier did not

avail of the same the amount of taxes and duties on such supplies shall be to supplierrsquos account In cases

where exemption certificates are not issued for any reason taxes shall be paid as indicated in the Purchase

OrderContract Tax deduction at source will be effected wherever applicable (eg TDS under Income tax

Act TDS on Works Contract under GST Act etc) from the bills of the Supplier as per statutes Similarly

where payment of Custom duty is agreed to and stipulated in the Purchase Order Contract the same will be

paid by the Purchaser on receipt of supplierrsquos bills along with Custom Certified Duty Paid Challan-Money

Receipt in original or carbon copy as relevant These Challans Receipts Bill of Entry are to be drawn issued

in the name of lsquoMAZAGON DOCK SHIPBUILDERS LIMITEDrsquo only Where payment of GST is agreed to

and stipulated in the Purchase Order Contract the same will be paid by the Purchaser on the basis of

Suppliers TAX INVOICE wherein the GST Number along with HSN SAC code is indicated in the Invoice

A120 DEMURRAGE A121 Storage and Demurrage charges will be payable by the Bidder Vendor Contractor for all shipments

that reach purchaser without proper dispatch documentations Lorry Receipts not accompanied by packing

lists invoices etc The Supplier shall be responsible for fines due to errors or omissions in description weight

or measurements and for increased handling charges due to improper packing

A130 INSPECTION TESTING A131The ordered items will be inspected either by Classification Society Nominated Agency and or by

Inspection Officer nominated by Purchaser at stages defined in the tender Purchase Order or as agreed to be

defined subsequently in terms of the Purchase Order

A132 The decision of the Inspecting Authority or their representatives as the case may be on any question

of the intent meaning and the scope of Specifications Standards shall be final conclusive and binding on

the Bidder Vendor Contractor

A133 The Bidder Vendor Contractor shall accord all facilities to Purchasers Inspectors Nominated

Agency to carry out Inspection Testing during course of manufacture final testing

A140 RECEIPT INSPECTION BY MDL A141 MDL shall carry out necessary inspection of the items on receipt on the basis of an appropriate quality

assurance system and inspection system requirements along with representative of the Owner Any objection

raised by MDL Quality Control Team against quality of materials or workmanship shall be satisfactorily

corrected by the Contractor at his expense including replacement as may be required within shortest possible

time within 30 days Items damaged during transit shall also be rectified replaced by the Contractor within

shortest possible time payment for which shall be made at mutually agreed rates

A150 REJECTION OF MATERIALS A151 Should the articles or any portion thereof of the equipment be found defective rejected the Bidder

Vendor Contractor shall collect the same from the Purchasers Stores all incidental charges being borne by

him (inclusive of Custom duty if payable) within 30 days from the date of intimation to the Bidder Vendor

Contractor of such rejection The Purchaser reserves the right to dispose off the rejected items at the end of

a total period of 90 days in any manner to the best advantage to the Purchaser and recover storage charges

and any consequential damages from sale proceeds of such disposal

A160 TECHNOLOGICAL DEVELOPMENTS MODIFICATIONS

A161 The Bidder Supplier Contractor shall unconditionally and free of cost to the Purchaser transfer

information on technological developments innovations modifications which the BidderSupplier

Contractor would evolve in future (within 3 years) in relation to the supplied equipment To enable this the

Purchasers address shall be added to the Bidder Supplier Contractorrsquos mailing list or database or any other

document maintained for dissemination of product information and the Purchaser shall be informed of the

GM(M)MTI2000007617Passivation Station

Page 35 of 45

action taken in this regard If such improvements modifications are brought in by the Bidder Supplier

Contractorrsquos Design Department in the course of manufacture of equipment ordered by the Purchaser the

Bidder Supplier Contractor shall incorporate such improved versions in the equipment without any extra

cost to the Purchaser under Purchaserrsquos prior consent

A162 If the Purchaser be desirous of getting incorporated all post supply modifications improvements

arising out of technological developments to the original equipment supplied by the Bidder Supplier

Contractor the Bidder Supplier Contractor shall quote for and carry out all such modifications to the

equipment

A163 Where the whole or a portion of the equipment has been specifically developed by the Bidder

Supplier Contractor for the Owner and the latter would through the Purchaser be bearing the entire or part

of the development cost incurred by the Bidder Supplier Contractor the design rights for the whole or

portion thereof of the equipment as appropriate shall vest in the Owners

A164 Prior approval of the Owner should be obtained before similar articles are sold supplied to any other

party other than the Owner If such approval is given and sale is effected the Bidder Supplier Contractor

shall pay to the Owner royalty at the rate mutually agreed to

A165 The Sub-contractor Supplier Supplier shall continue to support the equipment for a minimum period

of 20 years from the date of supply by making available spare parts and assemblies of the equipment

supplied Should the Sub-contractor Supplier Supplier decides to discontinue the product for any reason

whatsoever adequate notice shall be given to the Purchaser Owner to enable procurement of the requisite

lifetime spares

A170 PURCHASERrsquoS RIGHT TO ACCEPT ANY BID PART OF BID AND TO REJECT ANY OR

ALL BIDS A171 The Purchaser reserves the right to accept and or reject any or all tenders and or to withdraw the tender

in Toto and or award the contract order in full or part to more than one vendor contractor without

assigning any reason whatsoever and without thereby incurring any liability to the affected Bidder or Bidders

or any obligations to inform the affected Bidder or Bidders of the grounds for MDL action

A180 BANK GUARANTEE INSURANCE COVER FOR FREE ISSUE MATERIAL A181 The Bidder Supplier Contractor shall furnish Bank Guarantee insurance Cover equivalent to the

value of materials supplied by MDL free of cost valid up to the execution of the contract delivery of

material inspected accepted and receipt at MDL together with the material reconciliation statement

whichever is later

A190 BIDDERrsquoS RESPONSE IN CASE OF NO PARTICIPATION A191 The Sub-contractor Supplier Vendor shall inform the Purchaser in advance in case he is unable to

participate in the tender for whatsoever reason Failure to comply with this will be viewed seriously and

consecutive three failures on the part of Sub-contractor Supplier Vendor to do so is liable for

disqualification debarring of the Sub-contractor Supplier Vendor from all future tender enquiries and or

delisting from the list of Approved Registered Vendors

A230 PREFERENCETIAL PURCHASE FROM MSE VENDORS ndash Not Applicable MDL has right to place order on MSE firm meeting following criteria

In tenders if participating MSEs quoted prices are within price band of L1+15 such MSEs shall also be

allowed to supply a portion up to 20 of requirement by bringing down their prices to L1 price where L1 is

non MSEs If more than 1 MSEs fall under such criteria then this 20 shall be distributed proportionally

This preference shall not be applicable where MSE firm is L1 firm out of 20 percent target of annual

procurement from Micro and Small Enterprises a sub-target of 20 percent (ie 4 percent out of 20 percent)

shall be earmarked for procurement from Micro and Small Enterprises owned by the Scheduled Caste or the

Scheduled Tribe Entrepreneurs In respect of items reserved for MSE extant guidelines shall be followed

Presently Circular No SO 581(E) dated 23032012 is applicable

GM(M)MTI2000007617Passivation Station

Page 36 of 45

Annexure-5

LOADING FACTORS A

Sr

No

Description Foreign Supplier

100 import content

Indigenous

Supplier with part

Import content

Indigenous

Supplier without

Import content

1 Basic Price Quoted

CIF

a a Ex Works

b b Delivered to

MDL Stores

a Ex Works

b Delivered to

MDL Stores

2 Add Insurance Charges Nil In case of 1 (a) In case of 1 (a)

3 Add Sea Air Freight charges

Inland Road Transport Nil In case of 1 (a) In case of 1 (a)

4

Customs Clearance Port

Handling Transportation to

Yard

Applicable NIL NIL

5

Cost (ex-MDL) excluding taxes

amp duties without loading

towards any deviations

CIF price +

SrNo4 Sr Nos (1+2+3) Sr Nos (1+2+3)

B LOADINGS DUE TO VARIATIONS IN FINANCIAL TERM

6 Variation in payment Terms

Varied payment terms quoted by bidders as compared to the terms stated

in the tender document shall be normalized on the amount(s) at variation

and or for the period (in no of days) at variation by adopting the Prime

Lending Rate of State Bank India plus 2 thereon incase of indigenous

bidders and LIBOR EURIBOR rates in case of foreign bidders

7

Income tax amp Service Tax on

Technical Services Service

Engineers liability to MDL

Normalization shall be done in respect of the amount of tax that have to

be borne by the Company

8 Production norms such as

scrap output ndash input ratio

9 Base date for price variation

clause

1

0

Cost (ex-MDL) excluding taxes

amp duties after loading for

variations in financial term

(SR Nos 5 + 6 + 7 + 8 + 9)

C LOADING ON ACCOUNT OF DEVIATIONS IN FOLLOWING COMMERCIAL TERMS

11

Security Deposit Contract

Performance Guarantee Mandatory

12

Equipment Performance

Guarantee Mandatory

13

Additional delivery period

sought over stipulated period as

per Tender

For the additional period sought by the bidder over the stipulated date of

delivery as per tender 050 per week for delayed period will be loaded

to the quoted price if the period under variation does not lead to bid

rejection criteria 14 Additional time sought for

supplying binding data

15 Liquidated damages per week

rate Maximum Ceiling

If bidder seeks less than 5 (Max ceiling) then the difference will be

loaded

The rate of LD per week or part thereof is 05 If bidder seeks say 04

per week or part thereof then Max Ceiling of LD will be equated to

weeks (Say 10 weeks) then LD proposed by bidder works out to 10 X 04

= 4 then 1 will be loaded

16 Warranty Guarantee

Deviations in respect of the period of Warranty shall be loaded to the

quoted price 025 per month or part thereof This does not arise if

the bidder quotes additional price for the differential period

GM(M)MTI2000007617Passivation Station

Page 37 of 45

17

Cost (Ex-MDL) excluding taxes

amp duties after loading for

variations on account of

financial and commercial terms

Sr Nos 10 + 11 + 12 + 13 + 14 + 15 + 16

D LANDED COST

18

Taxes amp Duties

19

Landed Cost Sr Nos 17 + 18

GM(M)MTI2000007617Passivation Station

Page 38 of 45

Annexure-6

LETTER OF CREDIT FORMAT FOR SHIPMENT BY SEA AIR

40A Form of Documentary Credit Type IRREVOCABLE

20 Transaction Reference Number Documentary

Credit Number

31C Date of Issue Date

31D Date and Place of Expiry Date

Place NEGOTIATING BANK

51A Applicant Bank BIC BANKERS OF MDLMUMBAI

50 Applicant Name amp Address MAZAGON DOCK SHIPBUILDERS LTD

DOCKYARD ROAD MAZAGON MUMBAI ndash

400 010

59 Beneficiary Name amp Address

32B Currency Code Amount

Currency

Amount

39A Percentage Credit Amount Tolerance

Tolerance 1

Tolerance 2

41D Available with hellipByhellip Name amp Address

42C Draft at hellip Narrative SIGHTNEGOTIATION

42D Drawee Name amp Address BANKERS OF MDLMUMBAI

43P Partial Shipments Narrative ALLOWEDNOT ALLOWED

43T Transhipment Narrative ALLOWEDNOT ALLOWED

44A Loading on Board Dispatch Narrative AIRPORT SEAPORT (AS PER TENDER

ENQUIRYORDER)

44B For Transportation to Narrative AIRPORT SEAPORT (AS PER TENDER

ENQUIRYORDER)

44C Latest Date of Shipment Date

46A Documents required Narrative (AS PER TENDER ENQUIRY)

47A Additional conditions Narrative 1 ALL DOCUMENTS SHOULD BE MARKED

WITH IEC CODE NO0388070412 LC NO

AND DATE AND IMPORT UNDER NON-

NEGATIVE LIST OF IMPORT EXPORT

POLICY AM

2 DISCREPANT DOCUMENTS TO BE SENT

STRICTLY ON COLLECTION BASIS

71B Details of charges Narrative ALL FOREIGN BANK CHARGES OUTSIDE

INDIA ARE FOR THE BENEFICIARYrsquoS

ACCOUNT

48 Period for presentation

Narrative

WITHIN ----- DAYS FROM THE DATE OF

BILL OF LADING AIRWAY BILL 49 Confirmation instructions

Instruction

WITHOUT

53D Reimbursing Bank

Name amp Address

BANKERS OF MDL WILL SPECIFY

78 Instructions to the Paying Accepting Bank

Narrative

BANKERS OF MDL WILL SPECIFY 72 Sender to Receiver Information

Narrative

BANKERS OF MDL WILL SPECIFY

GM(M)MTI2000007617Passivation Station

Page 39 of 45

Enclosure-7

PROFORMA BANK GUARANTEE FOR BID BOND EMD

(On Non-Judicial stamp paper of value Rs 500-)

IN CONSIDERATION OF MAZAGON DOCK SHIPBUILDERS LIMTED a company incorporated under the Companies Act 1956 and having its registered office at Dockyard Road Mumbai 400010 (hereinafter referred to as

the ldquothe Companyrdquo which expression shall unless it be repugnant or contrary to the subject or context thereof be

deemed to mean and include its successors and assigns) having agreed to accept the Earnest Money Deposit (EMD)

of Rs--------------------------- -------(Rupees-----------------------------only) in the form of Bank Guarantee from Messers

a partnership firmsole proprietor businessa company registered under the Companies Act 1956

having its office at (hereinafter called the tenderer which expression shall unless it be

repugnant or contrary to the subject or context thereof be deemed to mean and include its successors and assigns) for

participating in the Tender nodated (hereinafter called the tender which expression

shall include any amendmentsalterations to the tender issued by the Company) for the supply delivery at site

installation and commissioning of certain equipment itemservicescivil works etc We

Bank having office at (hereinafter referred to as ldquothe Bankrdquo which

expression shall includes its successors and assigns) hereby agree to pay to the Company without any demur on first

demand an amount not exceeding Rs (Rupeesonly) against any loss or damage costs charges and expenses caused to or suffered by the Company by reason of non performance and non-fulfilment or for

any breach on the part of the tenderer of any of the terms and conditions of the said tender

2 We Bank further agree that the Company shall be sole judge whether the said tenderer has

failed to perform or fulfil the said tender in terms thereof or committed breach of any terms and conditions of the

tender the extent of loss damage cost charges and expenses suffered or incurred or would be suffered or incurred by

the Company on account thereof and we waive in the favour of the Company all the rights and defences to which we

as guarantors may be entitled to

3 We Bank further agree that the amount demanded by the Company as such shall be final and

binding on the Bank as to the Bank s liability to pay and the amount demanded and the Bank undertake to pay the

Company the amount so demanded on first demand and without any demur notwithstanding any dispute raised by the

tenderer or any suit or other legal proceedings including arbitration pending before any court tribunal or arbitrator

relating thereto our liability under this guarantee being absolute and unconditional

4 We Bank further agree with the Company that the Company shall have the fullest liberty

without our consent and without affecting in any manner our obligations hereunder to vary any of the terms and

conditions of the said tenderor to extend time of performance by the tenderer from time to time or to postpone for

any time to time any of the powers exercisable by the Company against the tenderer and to forbear to enforce any of

the terms and conditions relating to the tender and we shall not be relieved from our liability by reason of any such

variation or extension being granted to the tenderer or for any forbearance act or omission on the part of the

Company or any indulgence by the Company to the tenderer or by any such matter or things whatsoever which under

the law relating to sureties would have the effect of relieving us

5 We Bank further undertake not to revoke this guarantee during its currency except with

the previous consent of the Company in writing

6 We Bank also agree that the Bankrsquos liability under this guarantee shall not be affected

by any change in the constitution of the tenderer or dissolution or winding up of the business of the tenderer

7 Notwithstanding anything contained herein above

i) Our liability under this guarantee shall not exceed Rs

ii) This Bank Guarantee shall be valid upto and including and

iii) We are liable to pay the guarantee amount or any part thereof under this Bank Guarantee only and only if you

serve upon us a written claim or demand on or before helliphelliphellip (validity + --- weeks from the date of expiry of this

guarantee)

8 This Guarantee shall be governed by Indian laws and the Courts at Mumbai India shall have the exclusive

jurisdiction

GM(M)MTI2000007617Passivation Station

Page 40 of 45

IN WITNESS WHEREOF the Bank has executed this document on this day

of

For Bank

(by its constituted attorney

or the person authorized to sign)

(Signature of a person authorized

to sign on behalf of the Bank)

GM(M)MTI2000007617Passivation Station

Page 41 of 45

Enclosure-8

PROFORMA BANK GUARANTEE FOR SECURITY DEPOSIT (ILLUSTRATIVE FORMAT)

(On Non-Judicial stamp paper of value Rs 500)

IN CONSIDERATION OF MAZAGON DOCK SHIPBUILDERS LIMTED a company incorporated under the

Companies Act 1956 and having its registered office at Dockyard Road Mumbai 400010 (hereinafter referred to as

the ldquothe Purchaserrdquo which expression shall unless it be repugnant or contrary to the subject or context thereof be

deemed to mean and include its successors and assigns) having placed an order on Messers

a partnership firmsole proprietor businessa company registered under the Companies Act 1956

having its office at (hereinafter called the Contractor Supplier which expression shall unless it

be repugnant or contrary to the subject or context thereof be deemed to mean and include its successors and assigns)

vide order No dated (hereinafter called the order which expression shall include any

amendmentsalterations to the order issued by the Purchaser) for the supply delivery at site installation and

commissioning of certain equipment itemservicescivil works etc as stated in the said Order and the Purchaser

having agreed with the ContractorSupplier to accept a Bank Guarantee in lieu of Security Deposit payable under the

said order for the fulfilment and performance of the said order We Bank having

office at (hereinafter referred to as the Bank which expression shall includes its

successors and assigns) hereby agree to pay to the Purchaser without any demur on first demand an amount not

exceeding Rs (Rupeesonly) being 5 of the order value against any loss or damage costs

charges and expenses caused to or suffered by the Purchaser by reason of non performance and non-fulfilment or for

any breach on the part of the Contractor Supplier of any of the terms and conditions of the said order

2 We Bank further agree that the Purchaser shall be sole judge whether the said

contractorSupplier has failed to perform or fulfil the said order in terms thereof or committed breach of any terms

and conditions of the order and the extent of loss damage cost charges and expenses suffered or incurred or would

be suffered or incurred by the Purchaser on account thereof and we waive in the favour

of the Purchaser all the rights and defences to which we as guarantors may be entitled to

3 We Bank further agree that the amount demanded by the Purchaser as such shall be final and

binding on the Bank as to the Bank s liability to pay and the amount demanded and the Bank undertake to pay the

Purchaser the amount so demanded on first demand and without any demur notwithstanding any dispute raised by the

ContractorSupplier or any suit or other legal proceedings including arbitration pending before any court tribunal or

arbitrator relating thereto our liability under this guarantee being absolute and unconditional

4 We Bank further agree with the Purchaser that the Purchaser shall have the fullest liberty

without our consent and without affecting in any manner our obligations hereunder to vary any of the terms and

conditions of the said orderor to extend time of performance by the Supplier from time to time or to

postpone for any time to time any of the powers exercisable by the Purchaser against the Contractor Supplier and to

forbear to enforce any of the terms and conditions relating to the order and we shall not be relieved from our liability

by reason of any such variation or extension being granted to the Contractor Supplier or for any forbearance act or

omission on the part of the Purchaser or any indulgence by the

Purchaser to the ContractorSupplier or by any such matter or things whatsoever which under the law relating to

sureties would have the effect of relieving us

5 We Bank further undertake not to revoke this guarantee during its currency except with

the previous consent of the Purchaser in writing

6 We Bank also agree that the Bankrsquos liability under this guarantee shall not be affected

by any change in the constitution of the Contractor Supplier or dissolution or winding up of the business of the

contractor supplier

7 Notwithstanding anything contained herein above

i) Our liability under this guarantee shall not exceed Rs

ii) This Bank Guarantee shall be valid upto and including and

GM(M)MTI2000007617Passivation Station

Page 42 of 45

iii) We are liable to pay the guarantee amount or any part thereof under this Bank Guarantee only and only if you

serve upon us a written claim or demand on or before helliphelliphelliphellip(validity + ---weeks from the date of expiry of this

guarantee)

8 This Guarantee shall be governed by Indian laws and the Courts at Mumbai India

shall have the exclusive jurisdiction

IN WITNESS WHEREOF the Bank has executed this document on

this day of

For Bank

(by its constituted attorney)

(Signature of a person authorised

to sign on behalf of the Bank)

GM(M)MTI2000007617Passivation Station

Page 43 of 45

Enclosure-9

PROFORMA BANK GUARANTEE FOR PERFORMANCE (ILLUSTRATIVE FORMAT)

(On Non-Judicial stamp paper of value Rs 500-)

IN CONSIDERATION OF MAZAGON DOCK SHIPBUILDERS LIMTED a company incorporated under the

Companies Act 1956 and having its registered office at Dockyard Road Mumbai 400010 (hereinafter referred to as

the ldquothe Purchaserrdquo which expression shall unless it be repugnant or contrary to the subject or context thereof be

deemed to mean and include its successors and assigns) having placed an order on Messers a

partnership firmsole proprietor businessa company registered under the Companies Act 1956 having its Registered

office at (hereinafter called the Contractor Supplier which expression shall unless it be

repugnant or contrary to the subject or context thereof be deemed to mean and include its successors and assigns)

vide order No dated (hereinafter called the order which expression shall include any

amendmentsalterations to the order issued by the Purchaser) for the supply delivery at site installation and

commissioning of certain equipment itemservicescivil works etc as stated in the said Order and the Purchaser

having agreed that the Contractor Supplier shall furnish a security for the performance of the Contractorrsquos

Suppliers obligations andor discharge of the Contractorrsquos Suppliers liability in connection with the said order and

the Purchaser having agreed with the ContractorSupplier to accept a performance guarantee We

Bank having office at (hereinafter referred to as the

Bank which expression shall includes its successors and assigns) hereby agree to pay to the Purchaser without any

demur on first demand an amount not exceeding Rs (Rupeesonly) being 10 of the order

value against any loss or damage costs charges and expenses caused to or suffered by the Purchaser by reason of

non-performance and non-fulfilment or for any breach on the part of the Contractor Supplier of any of the terms and

conditions of the said order

2 We Bank further agree that the Purchaser shall be sole judge whether the said

ContractorSupplier has failed to perform or fulfil the said order in terms thereof or committed breach of any terms

and conditions of the order and the extent of loss damage cost charges and expenses suffered or incurred or would

be suffered or incurred by the Purchaser on account thereof and we waive in the favour of

the Purchaser all the rights and defences to which we as guarantors may be entitled to

3 We Bank further agree that the amount demanded by the Purchaser as such shall be final and

binding on the Bank as to the Bank s liability to pay and the amount demanded and the Bank undertake to pay the

Purchaser the amount so demanded on first demand and without any demur otwithstanding any dispute raised by the

ContractorSupplier or any suit or other legal proceedings including arbitration pending before any court tribunal or

arbitrator relating thereto our liability under this guarantee being absolute and unconditional

4 We Bank further agree with the Purchaser that the Purchaser shall have the fullest liberty

without our consent and without affecting in any manner our obligations hereunder to vary any of the terms and

conditions of the said orderor to extend time of performance by the Supplier from time to time or to postpone for

any time to time any of the powers exercisable by the Purchaser against the Contractor

Supplier and to forbear to enforce any of the terms and conditions relating to the order and we shall not be relieved

from our liability by reason of any such variation or extension being granted to the Contractor Supplier or for any

forbearance act or omission on the part of the Purchaser or any indulgence by the Purchaser to the

ContractorSupplier or by any such matter or things whatsoever which under the law

relating to sureties would have the effect of relieving us

5 We Bank further undertake not to revoke this guarantee during its currency except with

the previous consent of the Purchaser in writing

6 We Bank also agree that the Bankrsquos liability under this guarantee shall not be affected

by any change in the constitution of the Contractor Supplier or

dissolutionhelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

7 Notwithstanding anything contained herein above

i) Our liability under this guarantee shall not exceed Rs

ii) This Bank Guarantee shall be valid upto and including and

GM(M)MTI2000007617Passivation Station

Page 44 of 45

iii) We are liable to pay the guarantee amount or any part thereof under this Bank Guarantee only and only if you

serve upon us a written claim or demand on or before helliphelliphellip (validity + ---weeks from the date of expiry of this

guarantee)

8 This Guarantee shall be governed by Indian laws and the Courts at Mumbai India shall have the exclusive

jurisdiction

IN WITNESS WHEREOF the Bank has executed this document on

this day of

For Bank

(by its constituted attorney)

(Signature of a person authorised

to sign on behalf of the Bank)

GM(M)MTI2000007617Passivation Station

Page 45 of 45

Enclosure-10

Electronic Payment Mandate Form

(MDL Bank details)

Name of the CompanyFirm Mazagon Dock Shipbuilders Limited

Address with Phone no Dockyard Road Mumbai ndash 400010

E-Mail ID

Phone No +91 22 23745310

Fax No

Particulars of Bank Account

Name of the Bank State Bank of India

Name of the Branch Mazagon Dock Mumbai Branch

Branch Code 9054

Bank IFSC NEFT Code SBIN0009054

Bank Address MBPT Workshop building NV Nakhwa Road Mazagon - 400010

City Name Mumbai

Telephone No of Bank +91 22 23752802

9 digit code no of bank amp branch

appearing on the MICR cheque

issued by your bank

400002120

Type of Account Current Account

Account No 10005255246

Income Tax PAN No AAACM8029J

Page 21: Final Tender - Mazagon Dock Shipbuilders...DIVISION-SHIP BUILDING DEPARTMENT-MATERIAL PROCUREMENT Tender no.: GM(M)/MTI/2000007617 for the Engineering, Manufacturing, Supply/Installation,

GM(M)MTI2000007617Passivation Station

Page 21 of 45

companies) or from a practicing cost accountant or practicing charted accountant (in respect of

supplier other than companies) giving the percentage of local content

(i) False declaration will be in breach of Code of Integrity under Rule 175(1)(i)(h) of GFR 2017

for which a bidder or its successor can be debarred for up to 2 years as per Rule 151(iii) of GFR

2017 along with such other actions as may be permissible under law

(j) Complaints Grievance Any complaints grievances relating to implementation of this order

shall be taken up by Public Grievance Cell of MDL headed by GM(F-PampS) Fees for filing a complaint under the order shall be Rs 10000- per case The complaints shall be filed to the

Chairman Public Grievance Cell The fee shall be deposited in MDLrsquos Account by NEFT

19 Public Grievance Cell A Public Grievance Cell headed by ED (East Yard) has been set up in

the Company Members of public having complaints or grievances are advised to contact him

on Wednesday between 1000 hours and 1230 hours in his EY-office MAZAGON DOCK

SHIPBUILDERS LIMITED Dockyard Road Mumbai - 400010 (022 ndash 23763506 23738368)

or send their complaints grievances to him in writing for redressal

20 Supply on MDL Holidays Request for permission for delivery on Saturday Sunday

holidays if required should be submitted 3 working days prior to the date of holiday to

Personnel department and Security through concerned Dept

21 Liquidated Damages Time is an essence of the contract therefore the job as ordered should be

completed on the dates mutually agreed upon in accordance with the delivery schedule In cases

of delay not attributable to Purchaser beyond the agreed schedule the Successful bidder shall pay

liquidated damages a sum representing 05 (Half per cent) per week or part thereof subject to

maximum of 5 of the final Order Contract value Vendor Contractor (Seller) will also be liable

to pay Liquidated Damages for late delivery of Manuals Drawings and Documentation as agreed

to by Purchaser and Vendor Contractor (Seller) and as stated in the Purchase Order The amount

of such damages will be clearly defined in the Purchase Order and may extend up to 5 of the

Order Value excluding taxes Applicability of LD will be considered as below -

1) Delay in manufacturing and supplydelivery of machinematerialitemsequipments at

MDL after dispatch clearance beyond specified schedule will attract LD 05 per week

or part thereof subject to maximum of 5

2) Delay in Installation trial Commissioning amp Training at MDL as per Work

completion date as certified by MDL user dept beyond specified schedule will attract

LD 05 per week or part thereof subject to maximum of 5 as per order

22 Hindrance Register All hindrances with date of occurrences and removal shall be noted in the

Hindrance Register The Hindrance Register shall be signed by the representatives of both MDL

as well as Contractor

23 Security Deposit (SD) The successful bidders shall have to submit Security Deposit for an

amount of 5 of the Order value excluding GST etc electronically through NEFT RTGS or

in the form of Bank Guarantee drawn in favor of MAZAGON DOCK SHIPBUILDERS

LIMITED Mumbai from the list of Banks approved by SBI Canara Bank published on MDL

Website within 25 days from the date of Order amp must be valid up to contract period plus one

month No interest will be paid on Security Deposit Please note that MDL does not extend any

concession such as exemption in payment of Security Deposit etc to any organization

irrespective of their status like registration with MDL NSIC SSI and MSME etc In case of

failure to submit Security Deposit within 25 days from the date of order placement EMD

submitted will be encashed and risk purchase clause would be invoked The Security Deposit

will be returned only after successful execution of the order and shall be interest free In the

event of failure to execute the order satisfactorily the Security Deposit will be encashed by

MDL If order is fully executed within 25 days from the date of purchase order submission of

security deposit is not applicable For delayed period of submission of SD beyond 25 days

from date of order bidder has to pay applicable interest In case the bidder is Indian Public

Sector Unit they shall submit the indemnity bond instead of Security Deposit Bidders may

advise their bankbanker to send BG directly to commercial department or through SWIFT to

dispense with additional step of verification of authenticity of signatories In case of BG

GM(M)MTI2000007617Passivation Station

Page 22 of 45

transmitted through SWIFT it shall be the responsibility of the bidder that he directs the

receiving banker to forward the message For delayed period of submission of SD beyond 25

days from date of order interest will be recovered as mentioned below

For Indian suppliers it will be SBAR plus 2 and EUROBORLIBOR plus 2 for Foreign

bidder Security Deposit will be returned only after successful execution of the order and shall

be interest free In the event of failure to execute the order satisfactorily the Security Deposit

will be encashed by MDL PSUs can submit Indemnity bond in lieu of Security deposit Bidders can submit SD amount

by using payment gateways through MDL website

24 Delivery ScheduleWork Completion Schedule and delivery term (For foreign bidders) The

entire scope of work ie Design manufacture Supply Installation Commissioning STW amp

Training to be completed within 6 months from the date of receipt of PO

1) Supplydelivery of machineItemsEquipmentsspares at MDL = within 20 weeks (CIF delivery) and

2) Time for transportation amp custom clearance time = 2 weeks

3) Installation Trials Training and Commissioning = Within 2 weeks

Delivery Term (1) Supply For Indigenous bidder Door DeliveryFOR MDL GRS Stores

For Overseas Bidder CIF Port of destination (Mumbai)

(2) Installation Commissioning STW Training -

For Overseas Bidders At MDL site

Training to be imparted to Non-executives-04 Nos for 7 days (1 week)

Delivery ScheduleWork Completion Schedule and delivery term (For Indigenous bidders) The entire scope of work ie Design manufacture Supply Installation Commissioning STW amp

Training to be completed within 6 months from the date of receipt of PO

1) Supplydelivery of machineItemsEquipmentsspares at MDL = within 22 weeks (CIF

delivery) and

2) Installation Trials Training and Commissioning = Within 2 weeks

Delivery Term (1) Supply For Indigenous bidder Door DeliveryFOR MDL GRS Stores

For Overseas Bidder CIF Port of destination (Mumbai)

(2) Installation Commissioning STW Training - For Indigenous Bidders At MDL site

Training to be imparted to Non-executives-04 Nos for 7 days (1 week)

25 Assistance for Installation Testing Commissioning Maintenance amp other Technical

activities 1 Services of engineersManpower in connection with assistance of delivery

loadingunloading installation setting-in-work testing tuning commissioning

training to be considered in the scope of supply

2 All machinery equipments Oxygenother fuel gas for cutting fork lift welding Tools

amp Tackles accessories spares Chemicals consumables Special tools Fixtures and

tackles Workshop and fabrication shop Calibration facility Local transportation and

Internal Transportation storage amp preservation materials Ist fill of Oil lubricants

grease amp other resources etc required for Installation commissioning work to be

arranged by contractor Crane facility for unloading the equipment at the site Space water compressed air and electric Power will be provided by MDL

During Guarantee Warranty period the entire maintenance repair job shall be carried out by

experienced service engineers amp technicians The supply of all necessary tools tackles and

instruments required for the preventive and breakdown maintenance of the equipment covered

by this contract shall be in contractorrsquos scope No sub-contracting will be allowed

26 Spares Post sale product support 1 The Bidder shall assure a continuous supply of spare parts for at least 10 years from

GM(M)MTI2000007617Passivation Station

Page 23 of 45

the date of commissioning of the machine at MDL

2 List of Service centers amp Setup details to be provided

3 Standard accessories required for making itemequipmentmachine operational amp

ready to use should be included in the scope of supply

4 All defective parts spares can either be repaired or replaced by new parts Spares

replaced will be either of same make or equivalent as suggested by the OEM after

consultation with MDL However the total responsibility of the quality of spares supplied or parts repaired shall be with the Contractor

3 If any defective partitemequipment required to be taken out to the service center by

the firm for the further repairing the firm shall be asked to submit the necessary

indemnity bondBG as required Taking out defective partitemequipment from MDL

and bringing back repaired part item equipment to MDL is in the firmrsquos scope of

work The firm has to bear all the transportation charges amp transit insurance

27 Inspection - (a) Receipt Inspection by MDL- MDL inspection cell amp User dept shall carry out necessary

inspection of the items on receipt in the MDL Yard on the basis of an appropriate MDL

Inspection system requirement along with the representative of user dept amp the Inspection

documents submitted by suppliers Any objection raised by MDL inspection team against

quality of material or workmanship shall be satisfactorily corrected by the supplier at his

expenses including replacement as may be required within shortest possible time within 30

days Items damaged during transit shall also be rectified or replaced by the supplier within

shortest possible time

(b) Rejection of the material Any portion of the equipment found defectiverejected the

supplier shall collect the same at his cost from the MDL Yard all incidental charges being

born by supplier (inclusive of custom duty if payable) within 30 days from the date of

intimation to the supplier of such rejection The MDL reserves the rights to dispose off the

rejected item at the end of a total period of 90 days in any manner to the best advantage to the

MDLamp recover storage charges amp any consequential damages from sale proceeds of such

disposal

(c) Final work completion certificate in respect of completion of entire scope of work will be

certified by MDL user dept

28 Purchase Preference for MSE - NA

29 Risk Purchase amp Cancellation of Order (a) If the equipment article service or any portion thereof be not delivered performed by

the scheduled delivery date period any stoppage or discontinuation of ordered supply

awarded contract without written consent by Purchaser or not meeting the required quality

standards the Purchaser shall be at liberty without prejudice to the right of the Purchaser

to recover Liquidated Damages penalty as provided for in these conditions or to any

other remedy for breach of contract to terminate the contract either wholly or to the extent

of such default Amounts advanced or part thereof corresponding to the undelivered

supply shall be recoverable from the Contractor Bidder at the prevailing bank rate of interest

(b) The Purchaser shall also be at liberty to purchase manufacture or supply from stock as it

deems fit other articles of the same or similar description to make good such default and

or in the event of the contract being terminated the balance of the articles of the

remaining to be delivered there under Any excess over the purchase price cost of

manufacture or value of any articles supplied from the stock as the case may be over the

contract price shall be recoverable from the Bidder Vendor Contractor

(c) The Purchaser reserves the right to cancel an order forthwith without any financial

implications on either side if on completion of 50 of the scheduled deliveryCompletion

period the progress of manufactureSupply is not to the satisfaction of Purchaser and

failure on the part of the BidderVendorContractor to comply with the delivery schedule

is inevitable In such an event the BidderVendorContractor shall repay all the advances

GM(M)MTI2000007617Passivation Station

Page 24 of 45

together with interest at prevailing bank rates from the date of receipt of such advances till

date of repayment The title of any property delivered to Purchaser will be reverted to the

BidderVendorContractor at his cost

(d) In case of breach non-compliance of any of the agreed terms amp conditions of order

contract MDL reserves the right to recover consequential damages from the vendor

contractor on account of such premature termination of contract

(e) In case of delay beyond agreed period for liquidated damages or 10weeks from

contractual delivery period whichever is earlier MDL reserves the right to cancel the

order and procure the order items services from any available source at MDLrsquos option amp

discretion and entirely at your risk and cost Extra expenditure incurred by MDL in doing

will be recoverable from Bidder Supplier Contractor

30 Freak Low Quotes In case after opening of price bid of technically cleared firms it is noted that L-1 firm has quoted very low rates and indicates to withdraw from the tender then EMD shall be

forfeited and firm may be given tender holiday including intimation to other PSUs If the rates

quoted are less than MDL estimates by 40 or so and if the difference in rate between L1 and L2

is 30 or more than the firm will have to give additional BG of 20 of the PO value excluding

GST as additional security Bank charges for this additional BG shall be borne by MDL and

reimbursed against proof of payment

31 Indemnity - The Bidder Vendor Contractor his employees licencees agents or Sub-Vendor

Sub-contractor while on site of the Purchaser for the purpose of this contract indemnifies the

Purchaser against direct damage and or injury to the property and or the person of the Purchaser or

that of Purchasers employees agents Sub- Contractors Suppliers occurring and to the extent

caused by the negligence of the Bidder Vendor Contractor his employees licencees agents or

Sub-contractor by making good such damages to the property or compensating personal injury

and the total liability for such damages or injury shall be as mutually discussed and agreed to

You shall hold harmless and keep MDL indemnified against all claims arising as a result of

infringement of any patent rights on account of manufacture sale or use of article covered by

the order

32 MDL reserves the right to consider placement of Order Contract in part or in full against the

tendered quantity or item MDL reserves the right to place order on FOB or CIF basis

33 MDL shall not be bound by any printed conditions or provisions in the sellers bid forms or

acknowledgement of contract invoices packing list and any other documents which purport to

impose any conditions at variance with the tender terms final negotiated amp accepted terms

34 Bidders can participate in online bidding

a) By registering with above referred portal for User ID and password

b) By obtaining class III DSC (Digital Signature Certificate) for secured bidding

35 In case of improper on-line filling of Acceptance Formats for Tender Enquiry Form General

Terms amp Conditions (GTampC) and Standard Terms amp Conditions (STACS) it shall be

presumed that all our tender terms amp conditions are acceptable to you

36 In case of any clarifications bidders are requested to contact the undersigned before the closing

date of the tender Bidders can also contact toll-free customer help line of e-procurement portal

httpseprocuremdlnicin ASP on email id eproc-supportgovin Ph no 0120-4200462 0120-

4001002

Bidders intending to witness the Tender opening shall log on to httpseprocuremdlnicin

using digital signatures for witnessing the opening

GM(M)MTI2000007617Passivation Station

Page 25 of 45

37 We look forward to your participation in on-line bidding by offering your most competitive

and reasonable bid against this tender

Yours faithfully

For MAZAGON DOCK LIMITED

M Tanweer Iqbal

CM(C-MP)

Enclosure - 1 Instructions to the Bidders

Enclosure - 2 Illustrative format amp guideline for quoting prices in online Price Bid

Enclosure - 3 Standard Terms amp Conditions (STACS)

Enclosure - 4 General Terms amp Conditions (GTampC)

Enclosure - 5 Loading Factors

Enclosure - 6 Format of Letter of Credit

Enclosure 7 Bank Guarantee Format for EMD

Enclosure 8 Bank Guarantee Format for SD

Enclosure 9 Bank Guarantee Format for PBG

Enclosure - 10 MDL bank details for NEFTRTGS EMDSD transfer

Enclosure 11 Shipping Instruction for Sea amp Air Consignments

Note These Enclosuredocuments to be down loaded from our Website under below linkpath-

wwwmazagondockgovin gt Tenders gt Shipbuilding gt ldquoEnclosures Related to Tender Documents from Material

Purchase Deptrdquo

GM(M)MTI2000007617Passivation Station

Page 26 of 45

Enclosure ndash 1

Instructions to the Bidders for uploading the Techno-Commercial Bid and the Price Bid through E-

Procurement Portal

bullbullbullbull Official service provider for the website is NIC

E-mail eproc-supportgovin Office Ph No 0120-4200462 0120-4001002 Ph No +91-8826246593

bullbullbullbull Pre-requisites for up-loading the Techno-Commercial Bid

(i) Compatible computer hardware software set-up to access e-procure website

(ii) ldquoDigital Signature Certificaterdquo class III B (DSC) is a must for downloading the tender and uploading

the techno commercial offer from our website httpseprocuremdlnicin

(iii) ldquoDigital Signature Certificaterdquo class III B (DSC) can be obtained from our service provider

bullbullbullbull To ensure availability of above prerequisite is bidders responsibility

(i) It is mandatory to upload the complete techno-commercial offer and the price bid on e-

procurement

(ii) No part of the bid other than original EMD (if applicable) shall be accepted physically hard copy

outside e-procurement

(iii) Price bids shall strictly be uploaded in appropriate allotted place in the tender available in e-

procurement so that it remains secured encrypted unreadable in the system

(iv) In no circumstances the price bids shall be forwarded or uploaded in any other form

(v) Entire responsibility of the uploading of the complete techno-commercial bid along with the price

bid shall be that of the bidder

(vi) No request complaint shall be entertained after the due datetime of the tender

(vii) Non availability of any of the prerequisites or last minute calls seeking clarifications projecting

problems shall not entitle a bidder to seek request for extension of due date

(viii) Any problem with regard to uploading of the tender shall be intimated to NIC at least 24 hours in

advance to the tender closing time amp date However it will not be considered as reason for extension

of due date of the tender

(ix) Request for extension if at all to be made shall be forwarded at least 3 working days in advance to

the tender closing date time with proper reasoning The request shall be put up to the competent

authority for consideration on the merit of the case MDL reserves all rights in this regard amp decision

of MDL shall be binding to the applicant

It is important to note that the bidders can upload their bids right from the time the tender is available

at website It is advisable that the bidder uploads the bid well in time rather than wait till last minute

to avoid situations wherein he is unable to successfully upload the bid for various reasons which

cannot be addressed then due to lack of time

bullbullbullbull Special instructions to Bidders for online bidding

GM(M)MTI2000007617Passivation Station

Page 27 of 45

(i) Bidders should login well in advance to enable them to complete their bid submission before the

closing time of the tender

(ii) Bidders should submit their bid well in advance to avoid last minute frantic calls

(iii) Bidders should follow all the instructions enlisted on the front page of e-procure web page

(iv) Bidders should ensure Hardware amp Software compatibility as well as Digital Signature available on

front page of e-procure web site Request for extension of due date shall not be entertained due to

non-availability of these tools

bullbullbullbull Bidders to participate in on-line bidding

(i) By registering with above referred portal for User ID and password

(ii) By obtaining class III DSC (Digital Signature Certificate) for secured bidding

NOTE In case any vendor intending to respond against the tender and is not having the DSC to facilitate

uploading of his bid should approach the Service Provider at least 10 working days in advance of the tender

closing date requesting DSC The request so made to the Service Provider should simultaneously be

forwarded to MDL Dealing Officer In case the DSC is not received within 3 to 4 working days the GM (M)

be informed and the DSC if not received from the Service Provider three working days in advance for

suitable extension to tender closing date then only the tender due date shall be considered

GM(M)MTI2000007617Passivation Station

Page 28 of 45

Annexure-2

Illustrative format amp guideline for quoting prices in online Price Bid

Below format of price bid will appear online Indigenous bidders to follow instructions given in each respective

cell while quoting their cost in online price bid -

Item Sr no 1

Material Description As per clause No 1

Quantity As per clause No 1

Set Set

Currency INR USD EURO

For Indian Bidder Basic Unit Rate in INR only

For Foreign Bidder CIF Rate to be entered by the foreign

currency

To be quoted

of CGST+SGST or IGST on Basic rate To be quoted

Installation Commissioning Charges per Unit To be quoted

of CGST+SGST or IGST on Installation Commissioning

Charges To be quoted

Inspection Testing Charges per Unit To be quoted

of CGST+SGST or IGST on Inspection Testing Charges To be quoted

GM(M)MTI2000007617Passivation Station

Page 29 of 45

Enclosure-3

STANDARD TERMS AND CONDITIONS (STACS) 101 The word Purchaser refers to MAZAGON DOCK SHIPBUILDERS LIMITED (MDL) a Company

registered under the Indian Companies Act 1913 and it includes its successors or assignees

102 The word BidderVendorContractor means the person firm Company who undertakes to

manufacture and or supply and or undertake work of any nature assigned by the Purchaser from time to time

and includes its successors or assignees

103 The word Owner means the person or authority with whom MAZAGON DOCK SHIPBUILDERS

LIMITED (Purchaser) has contracted to carry out work in relation to which orders are placed by the

Purchaser on the BidderVendorContractor under this contract for supply or manufacture of certain items

and would include Department of Defence Production Ministry of Defence Government of India the Indian

Navy the Coast Guard and any other specified authority

120 GENERAL 121 Unless otherwise indicated specifically by the bidder contractor in his bid it shall be construed as his

acceptance of all the conditions mentioned in this STACS

200 COMMUNICATION amp LANGUAGE FOR DOCUMENTATION 201 Any letter facsimile message e-mail intimation or notice sent to the BidderVendorContractor at the

last known address mentioned in the offer order shall be deemed to be valid communication for the purpose

of the ordercontract Unless stated otherwise by the purchaser Language for communication amp all

documentation shall be same which the Purchaser has used in the tender enquiry

210 PURCHASERrsquoS PROPERTY 211 All property (such as materials drawings documents etc) issued by the Purchaser or any other

individual or firm on behalf of the Purchaser in connection with the contract shall remain confidential being

the property of the Purchaser and the BidderVendorContractor shall undertake to return all such property so

issued and will be responsible for any or all loss thereof and damage thereto resulting from whatever causes

and shall reimburse the Purchaser the full amount of loss and damage

212 On completion of work in any compartment location of the purchaserrsquos premises the

BidderSupplierContractor must ensure that the place is left in a reasonably clean state and all scrap is

transferred to nearby scrap-bins

220 RISK PURCHASE 221 If the equipment article service or any portion thereof be not delivered performed by the scheduled

delivery date period any stoppage or discontinuation of ordered supply awarded contract without written

consent by Purchaser or not meeting the required quality standards the Purchaser shall be at liberty without

prejudice to the right of the Purchaser to recover Liquidated Damages penalty as provided for in these

conditions or to any other remedy for breach of contract to terminate the contract either wholly or to the

extent of such default Amounts advanced or part thereof corresponding to the undelivered supply shall be

recoverable from the Contractor Bidder at the prevailing bank rate of interest

222 The Purchaser shall also be at liberty to purchase manufacture or supply from stock as it deems fit

other articles of the same or similar description to make good such default and or in the event of the contract

being terminated the balance of the articles of the remaining to be delivered there under Any excess over the

purchase price cost of manufacture or value of any articles supplied from the stock as the case may be over

the contract price shall be recoverable from the Bidder Vendor Contractor

230 RECOVERY ADJUSTMENT PROVISIONS 231 Payment made under one order shall not be assigned or adjusted to any other order except to the extent

agreed upon in writing by the Purchaser During the currency of the contract if any sum of money is payable

by the Bidder Vendor Contractor the same shall be deducted from any sum then due or thereafter may

become due to the Bidder Vendor Contractor under the contract or any other contract with the Purchaser

240 ADDITIONAL BANK GUARANTEE In case after opening of price bid of technically cleared firms it is noted that L-1 firm has quoted very low

rates and indicates to withdraw from the tender then EMD shall be forfeited and firm may be given tender

holiday including intimation to other PSUs If the rates quoted are less than MDL estimates by 40 or so and

if the difference in rate between L1 and L2 is 30 or more then the firm will have to give additional BG of

20 of the PO value as additional security Bank charges for this additional BG shall be borne by MDL and

reimbursed against proof of payment

250 INDEMNIFICATION 251 The Bidder Vendor Contractor his employees licencees agents or Sub-Vendor Sub-contractor

while on site of the Purchaser for the purpose of this contract indemnifies the Purchaser against direct

GM(M)MTI2000007617Passivation Station

Page 30 of 45

damage and or injury to the property and or the person of the Purchaser or that of Purchasers employees

agents Sub- Contractors Suppliers occurring and to the extent caused by the negligence of the Bidder

Vendor Contractor his employees licencees agents or Sub-contractor by making good such damages to the

property or compensating personal injury and the total liability for such damages or injury shall be as

mutually discussed and agreed to

260 TRANSFER OF VENDORS CONTRACTORrsquoS RIGHTS 261 The Bidder Vendor Contractor shall not either wholly or partly sell transfer assign or otherwise

dispose of the rights liabilities and obligations under the contract between him and the Purchaser without

prior consent of the Purchaser in writing

270 SUBCONTRACT amp RIGHT OF PURCHASER 271 The Bidder Vendor Contractor under no circumstances undertake or subcontract any work contract

from or to any other Sub-contractor without prior written approval of the Competent Authority of Purchaser

In the event it is found that such practice has been indulged in the contract is liable to be terminated without

notice and the Bidder Vendor Contractor is debarred all from future tender enquiries work orders

However in no circumstances a contractor is permitted to subcontract any part of the contract to the bidders

who had quoted for the concerned tender

280 PATENT RIGHTS 281 The Bidder Vendor Contractor shall hold harmless and keep the Purchaser indemnified against all

claims arising as a result of infringement of any patent copy rights on account of manufacture sale or use of

articles covered by the order

290 AGENTS AGENCY COMMISSION

291 The seller confirms and declares to the buyer that the seller is the original manufacturer or authorized

distributorstockiest of original manufacturer of the stores referred to in this contract and has not engaged any

individual or firm whether Indian or foreign whatsoever to intercede facilitate or in any way to

recommended to the Buyer or any of its functionaries whether officially or unofficially to the award of the

Contract Purchase order to the Seller nor has any amount been paid promised or intended to be paid to any

such individual or firm in respect of any such intercession facilitation or recommendation The Seller agrees

that if it is established at any time to the satisfaction of the Buyer that the present declaration is in any way

incorrect or if at a later stage it is discovered by the Buyer that the Seller has engaged any such

individualfirm and paid or intended to pay any amount gift reward fees commission or consideration to

such person party firm or institution whether before or after the signing of this Contract Purchase order

the Seller

will be liable to refund that amount to the Buyer

Tender no GM (M)GRA2000007246 Page 16 of 26

The seller will also be debarred from participation in any RFQTender for new projectsprogram with Buyer

for a minimum period of five years

The buyer will also have a right to consider cancellation of the Contract either wholly or in part without any

entitlement or compensation to the Seller who shall in such event be liable to refund all payments made by

the buyer in terms of the Contract along with interest at the rate of 2 per annum above LIBOR (London

Inter Bank Offer Rate) (for foreign vendors) and base rate of SBI plus 2 (for Indian Vendors)

The Buyer will also have the right to recover any such amount from any contracts concluded earlier with

Buyer

300 USE OF UNDUE INFLUENCE CORRUPT PRACTICES

301 The Bidder Supplier Contractor undertakes that he has not given offered or promised to give directly

or indirectly any gift consideration reward commission fees brokerage or inducement to any person in

service of the Purchaser or otherwise in procuring the contract or forbearing to do or for having done or

forborne to do any act in relation to the obtaining or execution of the Contract with the Purchaser for showing

or forbearing to show favour or disfavour to any person in relation to the Contract or any other Contract with

the Purchaser Any breach of the aforesaid undertaking by the Bidder Supplier Contractor or any one

employed by him or acting on his behalf (whether with or without the knowledge of the Bidder Supplier

Contractor) or the commission of any offence by the Bidder Supplier Contractor or any one employed by

him or acting on his behalf as defined in Chapter IX of the Indian Penal Code 1980 or the Prevention of

Corruption Act 1947 or any other Act enacted or the prevention of corruption shall entitle the Purchaser to

cancel the contract and all or any other contracts with the Bidder Contractor Supplier and recover from the

Bidder Supplier Contractor the amount of any loss arising from such cancellation Decision of the

Purchaser or his nominee to the effect that a breach of the undertaking has been committed shall be final and

binding on the Bidder Supplier Contractor

302 The Bidder Supplier Contractor shall not offer or agree to give any person in the employment of

GM(M)MTI2000007617Passivation Station

Page 31 of 45

Purchaser any gift or consideration of any kind as Inducement or reward for doing or forbearing to do or

for having done or forborne to do any act in relation to the obtaining or execution of the contracts Any

breach of the aforesaid condition by the Bidder Supplier Contractor or any one employed by them or

acting on their behalf (whether with or without the knowledge of the Bidder Supplier Contractor) or the

commission of any offence by the Bidder Supplier Contractor or by any one employed by them or acting

on their behalf which shall be punishable under the Indian Penal Code 1980 andor the Prevention of

Corruption by Public Servants shall entitle Purchaser to cancel the contracts and all or any other contracts

and then to recover from the Bidder Supplier Contractor the amounts of any loss arising from such

contracts cancellation including but not limited to imposition of penal damages forfeiture of Security

Deposit encashment of the Bank Guarantee and refund of the amounts paid by the Purchaser

303 In case it is found to the satisfaction of the Purchaser that the Bidder Supplier Contractor has

engaged an Agent or paid commission or influenced any person to obtain the contract as described in clauses

relating to Agents Agency Commission and use of undue Influence the Bidder Supplier Contractor on a

specific request of the Purchaser shall provide necessary information inspection of the relevant financial

document information

310 IMMUNITY OF GOVERNMENT OF INDIA CLAUSE 311 It is expressly understood and agreed by and between Ms (Bidder Supplier Contractor) and

MAZAGON DOCK SHIPBUILDERS LIMITED Dockyard Road Mumbai - 400 010 (MDL) is entering

into this Agreement solely on its own behalf and not on the behalf of any person or entity In particular it is

expressly understood and agreed that the Government of India is not a party to this Agreement and has no

liabilities obligations or rights hereunder It is expressly understood and agreed that MDL is an independent

legal entity with power and authority to enter into contracts solely in its own behalf under the applicable of

Laws of India and general principles of Contract Law The (Bidder Supplier Contractor) expressly agrees

acknowledges and understands that MDL is not an agent representative or delegate of the Government of

India It is further understood and agreed that the Government of India is not and shall not be liable for any

acts omissions and commissions breaches or other wrongs arising out of the contract Accordingly (Bidder

Supplier Contractor) hereby expressly waives releases and foregoes any and all actions or claims including

cross claims impleader claims or counter claims against the Government of India arising out of this contract

and covenants not to sue Government of India in any manner claim cause of action or thing whatsoever

arising of or under this Agreement

320 EXPORT LICENCE 321 The export licenses that may be required for delivery of the various itemsequipment to MDL shall be

arranged by the Bidder Supplier Contractor from the concerned authorities in their country without any

time amp cost implications on the Purchaser

330 BANNED OR DE-LISTED CONTRACTORS VENDORS 331 The Bidder Vendor Contractor declares that they being Proprietors Directors Partners have not

been any time individually or collectively blacklisted or banned or de-listed by any Government or quasi

Government agencies or PSUs If a bidderrsquos entities as stated above have been blacklisted or banned or delisted

by any Government or quasi Government agencies or PSUs this fact must be clearly stated and it may

not necessarily be a cause for disqualifying him

340 DUTY OF PERSONNEL OF SUPPLIERVENDOR 341 MDL being a Defence Organization Bidder Vendor Contractor undertakes that their personnel

deployed in connection with the entrusted work will not indulge in any activities other than the duties

assigned to them

350 DISPUTE RESOLUTION MECHANISM AND ARBITRATION

351 DISPUTE RESOLUTION MECHANISM (DRM) i) Any disputedifferences between the parties arising out of and in connection with the contract shall be

settled amicably by mutual negotiations

ii) In case of non-settlement by (i) above if at any time before during or after the contract period any

unsettled claim dispute or difference arose between the parties upon or in relation to or in connection with

or in any way touching or concerning this tenderagreementordercontract the same shall be referred to the

concerned Functional Director

The Functional Director shall then nominate an Executive of the rank of General Manager whom he thinks fit

and competent or a Committee of Executives whowhich shall then scrutinise the claimsdisputes that have

been referred to the concerned functional Director and make efforts for amicable settlements by mutual

discussionsnegotiations

iii) In case no amicable settlement is arrived by (ii) above within a period of three months then the contractor

shall approach Public Grievance Cell and address the disputes as per the provisions made under the relevant

GM(M)MTI2000007617Passivation Station

Page 32 of 45

clause of the contract

iv) In case the issuesdisputes do not get settled within a period of six months from the date of

submission of the dispute to the Grievance Cell then the contractor may invoke Arbitration Clause of the

contract

352 ARBITRATION Unresolved disputesdifferences if any shall then be settled by arbitration The

Arbitration proceedings shall be conducted at Mumbai India in English Language under the Arbitration amp

Conciliation Act 1996

MDL prefers to have arbitration through Institutes such as Indian Council of Arbitration (ICA)ICA-DR with

the mutual consent of the parties

353 In case of unresolved differencedispute between the Purchaser and Supplier being Central Public

Sector EnterprisesCentral Govt departments the disputes shall be resolved firstly through mutual discussion

or through the empowered agencies of the Govt or through arbitration by reference by either party to the

department of Public Enterprises as per extant guidelines If disputesdifferences remain

unresolvedunexecuted the same shall be referred first to the Cabinet Secretariat and then if necessary to the

PMO

354 Any changes to arbitration clause must be vetted by HOD (Legal) before incorporation in

contractPO

360 JURISDICTION OF COURTS 361 All contracts shall be deemed to have been wholly made in Mumbai and all claims there under are

payable in Mumbai City and it is the distinct condition of the order that no suit or action for the purpose of

enforcing any claim in respect of the order shall be instituted in any Court other than that situated in Mumbai

City Maharashtra State India ie courts in Mumbai shall alone have jurisdiction to decide upon any dispute

arising out of or in respect of the contract

-----------------------

GM(M)MTI2000007617Passivation Station

Page 33 of 45

Enclosure-4

GENERAL TERMS amp CONDITIONS (GTampC)

A10 Blank

A20 SECURITY DEPOSIT A21 The successful bidder shall submit a Security Deposit 5 of the contract order value (excluding

taxes duties freight service component) of the Order in the form of Demand Draft Bank Guarantee in the

prescribed format in favour of Purchaser within 25 days from date of Contract The Security Deposit will be

returned only after the successful execution of the order contract Refund of Security Deposit whenever

considered admissible by the Purchaser shall be without interest only

A30 FORFEITURE OF EMD BID BOND A31 In cases of withdrawal of bid during validity period or during any extension granted thereof non

acceptance of agreed conditions of Technical and or Commercial and or Price Negotiations non-submission

of the security deposit and or non-acceptance of the order the EMD or bid security will be forfeited or

encashed as the case may be

A40 FORFEITURE OF SECURITY DEPOSIT A41 Non-performance of agreed terms and or defaultbreach by BidderVendorContractor will result in

forfeiture of security deposit with application of risk purchase provisions as felt appropriate by the Purchaser

A50 FORFEITURE OF PERFORMANCE GUARANTEE A51 In the event of BidderVendorContractor failure to attend the Guarantee defects within a reasonable

period of time the Performance Bank Guarantee will be encashed by the Purchaser The Purchaserrsquos decision

shall be final and binding on BidderVendorContractor

A60 SUPPLIES A61 The equipment products items Services to be supplied shall be strictly in accordance with the

Drawings Specifications Requirements indicated in the Tender Enquiry Order with deviations if any as

mutually accepted

A70 PROGRESS REPORTING amp MONITORING A71 Where so stipulated in the order the Bidder Supplier Contractor shall render such reports from time

to time as regards the progress of the contract and in such a form as may be called for by the Purchaser

A80 CANCELLATION OF ORDER A81The Purchaser reserves the right to cancel an order forthwith without any financial implications on either

side if on completion of 50 of the scheduled deliveryCompletion period the progress of

manufactureSupply is not to the satisfaction of Purchaser and failure on the part of the

BidderVendorContractor to comply with the delivery schedule is inevitable In such an event the

BidderVendorContractor shall repay all the advances together with interest at prevailing bank rates from the

date of receipt of such advances till date of repayment The title of any property delivered to Purchaser will

be reverted to the BidderVendorContractor at his cost

A82 In case of breach non-compliance of any of the agreed terms amp conditions of order contract MDL

reserves the right to recover consequential damages from the vendor contractor on account of such

premature termination of contract

A83 In case of delay beyond agreed period for liquidated damages or 10weeks from contractual delivery

period whichever is earlier MDL reserves the right to cancel the order and procure the order items services

from any available source at MDLrsquos option amp discretion and entirely at your risk and cost Extra expenditure

incurred by MDL in doing will be recoverable from Bidder Supplier Contractor

A90 PRESERVATION AND MAINTENANCE

A91 Should any material require any preservation till its final installationfitment the detailed procedure

(Long term amp short term) for the same as also the time of interval after which the state of preservation needs

to be reviewed is to be stated by the BidderVendorContractor

A92 Further the de-preservation prior to the materialequipment being commissioned and the maintenance

procedure together with its periodicity is also to be indicated by the Bidder Vendor Contractor

A93 The Bidder Vendor Contractor in their offer must confirm that indigenous oil lubricants and

preservatives etc can be used in the equipment The bidder must also give assurance that the equipment

performance will not be downgraded by use of indigenous equivalents

A100 FREIGHT amp INSURANCE

A101 For Indigenous Bidders In cases where the offers are for Door Delivery to Purchaser transit freight

amp Insurance charges shall be borne by the Bidder Supplier Contractor In other agreed cases of Ex-works

Ex-Transporters warehouse or Railway godown offers the Bidder Supplier Contractor on dispatch shall

give details of materials with dispatch particulars and their value in time to Purchasers Insurance Company

GM(M)MTI2000007617Passivation Station

Page 34 of 45

on the contact details as provided in the order In such agreed cases the freight amp insurance charges will be

paid by the purchaser directly to the parties concerned

A102 For Foreign Bidders For overseas supplies on CIF port of dispatch basis Transit Insurance shall be

arranged by the Purchaser The Bidder Supplier Contractor shall immediately on despatch of the

items inform all relevant details of despatch such as Order number Bill of LadingAWB number

marked as Freight Paid Insurance policydocument number of packages value of consignment

invoice number in time directly to Purchasers Insurance company amp Purchaser on the contact details

as provided in the order In case of delivery term other than CIFCIP the freight amp insurance charges

will be paid by the purchaser directly to the parties concerned

A110 TAXES amp DUTIES STATUTORY LEVIES A111 Taxes and duties applicable if any shall be regularized by MDL by issuing necessary exemption

certificates in respect of procurement for Defence Projects Bidder shall indicate separately the GST and

duties applicable in their offer When the items qualify for exemption partlyfully but the supplier did not

avail of the same the amount of taxes and duties on such supplies shall be to supplierrsquos account In cases

where exemption certificates are not issued for any reason taxes shall be paid as indicated in the Purchase

OrderContract Tax deduction at source will be effected wherever applicable (eg TDS under Income tax

Act TDS on Works Contract under GST Act etc) from the bills of the Supplier as per statutes Similarly

where payment of Custom duty is agreed to and stipulated in the Purchase Order Contract the same will be

paid by the Purchaser on receipt of supplierrsquos bills along with Custom Certified Duty Paid Challan-Money

Receipt in original or carbon copy as relevant These Challans Receipts Bill of Entry are to be drawn issued

in the name of lsquoMAZAGON DOCK SHIPBUILDERS LIMITEDrsquo only Where payment of GST is agreed to

and stipulated in the Purchase Order Contract the same will be paid by the Purchaser on the basis of

Suppliers TAX INVOICE wherein the GST Number along with HSN SAC code is indicated in the Invoice

A120 DEMURRAGE A121 Storage and Demurrage charges will be payable by the Bidder Vendor Contractor for all shipments

that reach purchaser without proper dispatch documentations Lorry Receipts not accompanied by packing

lists invoices etc The Supplier shall be responsible for fines due to errors or omissions in description weight

or measurements and for increased handling charges due to improper packing

A130 INSPECTION TESTING A131The ordered items will be inspected either by Classification Society Nominated Agency and or by

Inspection Officer nominated by Purchaser at stages defined in the tender Purchase Order or as agreed to be

defined subsequently in terms of the Purchase Order

A132 The decision of the Inspecting Authority or their representatives as the case may be on any question

of the intent meaning and the scope of Specifications Standards shall be final conclusive and binding on

the Bidder Vendor Contractor

A133 The Bidder Vendor Contractor shall accord all facilities to Purchasers Inspectors Nominated

Agency to carry out Inspection Testing during course of manufacture final testing

A140 RECEIPT INSPECTION BY MDL A141 MDL shall carry out necessary inspection of the items on receipt on the basis of an appropriate quality

assurance system and inspection system requirements along with representative of the Owner Any objection

raised by MDL Quality Control Team against quality of materials or workmanship shall be satisfactorily

corrected by the Contractor at his expense including replacement as may be required within shortest possible

time within 30 days Items damaged during transit shall also be rectified replaced by the Contractor within

shortest possible time payment for which shall be made at mutually agreed rates

A150 REJECTION OF MATERIALS A151 Should the articles or any portion thereof of the equipment be found defective rejected the Bidder

Vendor Contractor shall collect the same from the Purchasers Stores all incidental charges being borne by

him (inclusive of Custom duty if payable) within 30 days from the date of intimation to the Bidder Vendor

Contractor of such rejection The Purchaser reserves the right to dispose off the rejected items at the end of

a total period of 90 days in any manner to the best advantage to the Purchaser and recover storage charges

and any consequential damages from sale proceeds of such disposal

A160 TECHNOLOGICAL DEVELOPMENTS MODIFICATIONS

A161 The Bidder Supplier Contractor shall unconditionally and free of cost to the Purchaser transfer

information on technological developments innovations modifications which the BidderSupplier

Contractor would evolve in future (within 3 years) in relation to the supplied equipment To enable this the

Purchasers address shall be added to the Bidder Supplier Contractorrsquos mailing list or database or any other

document maintained for dissemination of product information and the Purchaser shall be informed of the

GM(M)MTI2000007617Passivation Station

Page 35 of 45

action taken in this regard If such improvements modifications are brought in by the Bidder Supplier

Contractorrsquos Design Department in the course of manufacture of equipment ordered by the Purchaser the

Bidder Supplier Contractor shall incorporate such improved versions in the equipment without any extra

cost to the Purchaser under Purchaserrsquos prior consent

A162 If the Purchaser be desirous of getting incorporated all post supply modifications improvements

arising out of technological developments to the original equipment supplied by the Bidder Supplier

Contractor the Bidder Supplier Contractor shall quote for and carry out all such modifications to the

equipment

A163 Where the whole or a portion of the equipment has been specifically developed by the Bidder

Supplier Contractor for the Owner and the latter would through the Purchaser be bearing the entire or part

of the development cost incurred by the Bidder Supplier Contractor the design rights for the whole or

portion thereof of the equipment as appropriate shall vest in the Owners

A164 Prior approval of the Owner should be obtained before similar articles are sold supplied to any other

party other than the Owner If such approval is given and sale is effected the Bidder Supplier Contractor

shall pay to the Owner royalty at the rate mutually agreed to

A165 The Sub-contractor Supplier Supplier shall continue to support the equipment for a minimum period

of 20 years from the date of supply by making available spare parts and assemblies of the equipment

supplied Should the Sub-contractor Supplier Supplier decides to discontinue the product for any reason

whatsoever adequate notice shall be given to the Purchaser Owner to enable procurement of the requisite

lifetime spares

A170 PURCHASERrsquoS RIGHT TO ACCEPT ANY BID PART OF BID AND TO REJECT ANY OR

ALL BIDS A171 The Purchaser reserves the right to accept and or reject any or all tenders and or to withdraw the tender

in Toto and or award the contract order in full or part to more than one vendor contractor without

assigning any reason whatsoever and without thereby incurring any liability to the affected Bidder or Bidders

or any obligations to inform the affected Bidder or Bidders of the grounds for MDL action

A180 BANK GUARANTEE INSURANCE COVER FOR FREE ISSUE MATERIAL A181 The Bidder Supplier Contractor shall furnish Bank Guarantee insurance Cover equivalent to the

value of materials supplied by MDL free of cost valid up to the execution of the contract delivery of

material inspected accepted and receipt at MDL together with the material reconciliation statement

whichever is later

A190 BIDDERrsquoS RESPONSE IN CASE OF NO PARTICIPATION A191 The Sub-contractor Supplier Vendor shall inform the Purchaser in advance in case he is unable to

participate in the tender for whatsoever reason Failure to comply with this will be viewed seriously and

consecutive three failures on the part of Sub-contractor Supplier Vendor to do so is liable for

disqualification debarring of the Sub-contractor Supplier Vendor from all future tender enquiries and or

delisting from the list of Approved Registered Vendors

A230 PREFERENCETIAL PURCHASE FROM MSE VENDORS ndash Not Applicable MDL has right to place order on MSE firm meeting following criteria

In tenders if participating MSEs quoted prices are within price band of L1+15 such MSEs shall also be

allowed to supply a portion up to 20 of requirement by bringing down their prices to L1 price where L1 is

non MSEs If more than 1 MSEs fall under such criteria then this 20 shall be distributed proportionally

This preference shall not be applicable where MSE firm is L1 firm out of 20 percent target of annual

procurement from Micro and Small Enterprises a sub-target of 20 percent (ie 4 percent out of 20 percent)

shall be earmarked for procurement from Micro and Small Enterprises owned by the Scheduled Caste or the

Scheduled Tribe Entrepreneurs In respect of items reserved for MSE extant guidelines shall be followed

Presently Circular No SO 581(E) dated 23032012 is applicable

GM(M)MTI2000007617Passivation Station

Page 36 of 45

Annexure-5

LOADING FACTORS A

Sr

No

Description Foreign Supplier

100 import content

Indigenous

Supplier with part

Import content

Indigenous

Supplier without

Import content

1 Basic Price Quoted

CIF

a a Ex Works

b b Delivered to

MDL Stores

a Ex Works

b Delivered to

MDL Stores

2 Add Insurance Charges Nil In case of 1 (a) In case of 1 (a)

3 Add Sea Air Freight charges

Inland Road Transport Nil In case of 1 (a) In case of 1 (a)

4

Customs Clearance Port

Handling Transportation to

Yard

Applicable NIL NIL

5

Cost (ex-MDL) excluding taxes

amp duties without loading

towards any deviations

CIF price +

SrNo4 Sr Nos (1+2+3) Sr Nos (1+2+3)

B LOADINGS DUE TO VARIATIONS IN FINANCIAL TERM

6 Variation in payment Terms

Varied payment terms quoted by bidders as compared to the terms stated

in the tender document shall be normalized on the amount(s) at variation

and or for the period (in no of days) at variation by adopting the Prime

Lending Rate of State Bank India plus 2 thereon incase of indigenous

bidders and LIBOR EURIBOR rates in case of foreign bidders

7

Income tax amp Service Tax on

Technical Services Service

Engineers liability to MDL

Normalization shall be done in respect of the amount of tax that have to

be borne by the Company

8 Production norms such as

scrap output ndash input ratio

9 Base date for price variation

clause

1

0

Cost (ex-MDL) excluding taxes

amp duties after loading for

variations in financial term

(SR Nos 5 + 6 + 7 + 8 + 9)

C LOADING ON ACCOUNT OF DEVIATIONS IN FOLLOWING COMMERCIAL TERMS

11

Security Deposit Contract

Performance Guarantee Mandatory

12

Equipment Performance

Guarantee Mandatory

13

Additional delivery period

sought over stipulated period as

per Tender

For the additional period sought by the bidder over the stipulated date of

delivery as per tender 050 per week for delayed period will be loaded

to the quoted price if the period under variation does not lead to bid

rejection criteria 14 Additional time sought for

supplying binding data

15 Liquidated damages per week

rate Maximum Ceiling

If bidder seeks less than 5 (Max ceiling) then the difference will be

loaded

The rate of LD per week or part thereof is 05 If bidder seeks say 04

per week or part thereof then Max Ceiling of LD will be equated to

weeks (Say 10 weeks) then LD proposed by bidder works out to 10 X 04

= 4 then 1 will be loaded

16 Warranty Guarantee

Deviations in respect of the period of Warranty shall be loaded to the

quoted price 025 per month or part thereof This does not arise if

the bidder quotes additional price for the differential period

GM(M)MTI2000007617Passivation Station

Page 37 of 45

17

Cost (Ex-MDL) excluding taxes

amp duties after loading for

variations on account of

financial and commercial terms

Sr Nos 10 + 11 + 12 + 13 + 14 + 15 + 16

D LANDED COST

18

Taxes amp Duties

19

Landed Cost Sr Nos 17 + 18

GM(M)MTI2000007617Passivation Station

Page 38 of 45

Annexure-6

LETTER OF CREDIT FORMAT FOR SHIPMENT BY SEA AIR

40A Form of Documentary Credit Type IRREVOCABLE

20 Transaction Reference Number Documentary

Credit Number

31C Date of Issue Date

31D Date and Place of Expiry Date

Place NEGOTIATING BANK

51A Applicant Bank BIC BANKERS OF MDLMUMBAI

50 Applicant Name amp Address MAZAGON DOCK SHIPBUILDERS LTD

DOCKYARD ROAD MAZAGON MUMBAI ndash

400 010

59 Beneficiary Name amp Address

32B Currency Code Amount

Currency

Amount

39A Percentage Credit Amount Tolerance

Tolerance 1

Tolerance 2

41D Available with hellipByhellip Name amp Address

42C Draft at hellip Narrative SIGHTNEGOTIATION

42D Drawee Name amp Address BANKERS OF MDLMUMBAI

43P Partial Shipments Narrative ALLOWEDNOT ALLOWED

43T Transhipment Narrative ALLOWEDNOT ALLOWED

44A Loading on Board Dispatch Narrative AIRPORT SEAPORT (AS PER TENDER

ENQUIRYORDER)

44B For Transportation to Narrative AIRPORT SEAPORT (AS PER TENDER

ENQUIRYORDER)

44C Latest Date of Shipment Date

46A Documents required Narrative (AS PER TENDER ENQUIRY)

47A Additional conditions Narrative 1 ALL DOCUMENTS SHOULD BE MARKED

WITH IEC CODE NO0388070412 LC NO

AND DATE AND IMPORT UNDER NON-

NEGATIVE LIST OF IMPORT EXPORT

POLICY AM

2 DISCREPANT DOCUMENTS TO BE SENT

STRICTLY ON COLLECTION BASIS

71B Details of charges Narrative ALL FOREIGN BANK CHARGES OUTSIDE

INDIA ARE FOR THE BENEFICIARYrsquoS

ACCOUNT

48 Period for presentation

Narrative

WITHIN ----- DAYS FROM THE DATE OF

BILL OF LADING AIRWAY BILL 49 Confirmation instructions

Instruction

WITHOUT

53D Reimbursing Bank

Name amp Address

BANKERS OF MDL WILL SPECIFY

78 Instructions to the Paying Accepting Bank

Narrative

BANKERS OF MDL WILL SPECIFY 72 Sender to Receiver Information

Narrative

BANKERS OF MDL WILL SPECIFY

GM(M)MTI2000007617Passivation Station

Page 39 of 45

Enclosure-7

PROFORMA BANK GUARANTEE FOR BID BOND EMD

(On Non-Judicial stamp paper of value Rs 500-)

IN CONSIDERATION OF MAZAGON DOCK SHIPBUILDERS LIMTED a company incorporated under the Companies Act 1956 and having its registered office at Dockyard Road Mumbai 400010 (hereinafter referred to as

the ldquothe Companyrdquo which expression shall unless it be repugnant or contrary to the subject or context thereof be

deemed to mean and include its successors and assigns) having agreed to accept the Earnest Money Deposit (EMD)

of Rs--------------------------- -------(Rupees-----------------------------only) in the form of Bank Guarantee from Messers

a partnership firmsole proprietor businessa company registered under the Companies Act 1956

having its office at (hereinafter called the tenderer which expression shall unless it be

repugnant or contrary to the subject or context thereof be deemed to mean and include its successors and assigns) for

participating in the Tender nodated (hereinafter called the tender which expression

shall include any amendmentsalterations to the tender issued by the Company) for the supply delivery at site

installation and commissioning of certain equipment itemservicescivil works etc We

Bank having office at (hereinafter referred to as ldquothe Bankrdquo which

expression shall includes its successors and assigns) hereby agree to pay to the Company without any demur on first

demand an amount not exceeding Rs (Rupeesonly) against any loss or damage costs charges and expenses caused to or suffered by the Company by reason of non performance and non-fulfilment or for

any breach on the part of the tenderer of any of the terms and conditions of the said tender

2 We Bank further agree that the Company shall be sole judge whether the said tenderer has

failed to perform or fulfil the said tender in terms thereof or committed breach of any terms and conditions of the

tender the extent of loss damage cost charges and expenses suffered or incurred or would be suffered or incurred by

the Company on account thereof and we waive in the favour of the Company all the rights and defences to which we

as guarantors may be entitled to

3 We Bank further agree that the amount demanded by the Company as such shall be final and

binding on the Bank as to the Bank s liability to pay and the amount demanded and the Bank undertake to pay the

Company the amount so demanded on first demand and without any demur notwithstanding any dispute raised by the

tenderer or any suit or other legal proceedings including arbitration pending before any court tribunal or arbitrator

relating thereto our liability under this guarantee being absolute and unconditional

4 We Bank further agree with the Company that the Company shall have the fullest liberty

without our consent and without affecting in any manner our obligations hereunder to vary any of the terms and

conditions of the said tenderor to extend time of performance by the tenderer from time to time or to postpone for

any time to time any of the powers exercisable by the Company against the tenderer and to forbear to enforce any of

the terms and conditions relating to the tender and we shall not be relieved from our liability by reason of any such

variation or extension being granted to the tenderer or for any forbearance act or omission on the part of the

Company or any indulgence by the Company to the tenderer or by any such matter or things whatsoever which under

the law relating to sureties would have the effect of relieving us

5 We Bank further undertake not to revoke this guarantee during its currency except with

the previous consent of the Company in writing

6 We Bank also agree that the Bankrsquos liability under this guarantee shall not be affected

by any change in the constitution of the tenderer or dissolution or winding up of the business of the tenderer

7 Notwithstanding anything contained herein above

i) Our liability under this guarantee shall not exceed Rs

ii) This Bank Guarantee shall be valid upto and including and

iii) We are liable to pay the guarantee amount or any part thereof under this Bank Guarantee only and only if you

serve upon us a written claim or demand on or before helliphelliphellip (validity + --- weeks from the date of expiry of this

guarantee)

8 This Guarantee shall be governed by Indian laws and the Courts at Mumbai India shall have the exclusive

jurisdiction

GM(M)MTI2000007617Passivation Station

Page 40 of 45

IN WITNESS WHEREOF the Bank has executed this document on this day

of

For Bank

(by its constituted attorney

or the person authorized to sign)

(Signature of a person authorized

to sign on behalf of the Bank)

GM(M)MTI2000007617Passivation Station

Page 41 of 45

Enclosure-8

PROFORMA BANK GUARANTEE FOR SECURITY DEPOSIT (ILLUSTRATIVE FORMAT)

(On Non-Judicial stamp paper of value Rs 500)

IN CONSIDERATION OF MAZAGON DOCK SHIPBUILDERS LIMTED a company incorporated under the

Companies Act 1956 and having its registered office at Dockyard Road Mumbai 400010 (hereinafter referred to as

the ldquothe Purchaserrdquo which expression shall unless it be repugnant or contrary to the subject or context thereof be

deemed to mean and include its successors and assigns) having placed an order on Messers

a partnership firmsole proprietor businessa company registered under the Companies Act 1956

having its office at (hereinafter called the Contractor Supplier which expression shall unless it

be repugnant or contrary to the subject or context thereof be deemed to mean and include its successors and assigns)

vide order No dated (hereinafter called the order which expression shall include any

amendmentsalterations to the order issued by the Purchaser) for the supply delivery at site installation and

commissioning of certain equipment itemservicescivil works etc as stated in the said Order and the Purchaser

having agreed with the ContractorSupplier to accept a Bank Guarantee in lieu of Security Deposit payable under the

said order for the fulfilment and performance of the said order We Bank having

office at (hereinafter referred to as the Bank which expression shall includes its

successors and assigns) hereby agree to pay to the Purchaser without any demur on first demand an amount not

exceeding Rs (Rupeesonly) being 5 of the order value against any loss or damage costs

charges and expenses caused to or suffered by the Purchaser by reason of non performance and non-fulfilment or for

any breach on the part of the Contractor Supplier of any of the terms and conditions of the said order

2 We Bank further agree that the Purchaser shall be sole judge whether the said

contractorSupplier has failed to perform or fulfil the said order in terms thereof or committed breach of any terms

and conditions of the order and the extent of loss damage cost charges and expenses suffered or incurred or would

be suffered or incurred by the Purchaser on account thereof and we waive in the favour

of the Purchaser all the rights and defences to which we as guarantors may be entitled to

3 We Bank further agree that the amount demanded by the Purchaser as such shall be final and

binding on the Bank as to the Bank s liability to pay and the amount demanded and the Bank undertake to pay the

Purchaser the amount so demanded on first demand and without any demur notwithstanding any dispute raised by the

ContractorSupplier or any suit or other legal proceedings including arbitration pending before any court tribunal or

arbitrator relating thereto our liability under this guarantee being absolute and unconditional

4 We Bank further agree with the Purchaser that the Purchaser shall have the fullest liberty

without our consent and without affecting in any manner our obligations hereunder to vary any of the terms and

conditions of the said orderor to extend time of performance by the Supplier from time to time or to

postpone for any time to time any of the powers exercisable by the Purchaser against the Contractor Supplier and to

forbear to enforce any of the terms and conditions relating to the order and we shall not be relieved from our liability

by reason of any such variation or extension being granted to the Contractor Supplier or for any forbearance act or

omission on the part of the Purchaser or any indulgence by the

Purchaser to the ContractorSupplier or by any such matter or things whatsoever which under the law relating to

sureties would have the effect of relieving us

5 We Bank further undertake not to revoke this guarantee during its currency except with

the previous consent of the Purchaser in writing

6 We Bank also agree that the Bankrsquos liability under this guarantee shall not be affected

by any change in the constitution of the Contractor Supplier or dissolution or winding up of the business of the

contractor supplier

7 Notwithstanding anything contained herein above

i) Our liability under this guarantee shall not exceed Rs

ii) This Bank Guarantee shall be valid upto and including and

GM(M)MTI2000007617Passivation Station

Page 42 of 45

iii) We are liable to pay the guarantee amount or any part thereof under this Bank Guarantee only and only if you

serve upon us a written claim or demand on or before helliphelliphelliphellip(validity + ---weeks from the date of expiry of this

guarantee)

8 This Guarantee shall be governed by Indian laws and the Courts at Mumbai India

shall have the exclusive jurisdiction

IN WITNESS WHEREOF the Bank has executed this document on

this day of

For Bank

(by its constituted attorney)

(Signature of a person authorised

to sign on behalf of the Bank)

GM(M)MTI2000007617Passivation Station

Page 43 of 45

Enclosure-9

PROFORMA BANK GUARANTEE FOR PERFORMANCE (ILLUSTRATIVE FORMAT)

(On Non-Judicial stamp paper of value Rs 500-)

IN CONSIDERATION OF MAZAGON DOCK SHIPBUILDERS LIMTED a company incorporated under the

Companies Act 1956 and having its registered office at Dockyard Road Mumbai 400010 (hereinafter referred to as

the ldquothe Purchaserrdquo which expression shall unless it be repugnant or contrary to the subject or context thereof be

deemed to mean and include its successors and assigns) having placed an order on Messers a

partnership firmsole proprietor businessa company registered under the Companies Act 1956 having its Registered

office at (hereinafter called the Contractor Supplier which expression shall unless it be

repugnant or contrary to the subject or context thereof be deemed to mean and include its successors and assigns)

vide order No dated (hereinafter called the order which expression shall include any

amendmentsalterations to the order issued by the Purchaser) for the supply delivery at site installation and

commissioning of certain equipment itemservicescivil works etc as stated in the said Order and the Purchaser

having agreed that the Contractor Supplier shall furnish a security for the performance of the Contractorrsquos

Suppliers obligations andor discharge of the Contractorrsquos Suppliers liability in connection with the said order and

the Purchaser having agreed with the ContractorSupplier to accept a performance guarantee We

Bank having office at (hereinafter referred to as the

Bank which expression shall includes its successors and assigns) hereby agree to pay to the Purchaser without any

demur on first demand an amount not exceeding Rs (Rupeesonly) being 10 of the order

value against any loss or damage costs charges and expenses caused to or suffered by the Purchaser by reason of

non-performance and non-fulfilment or for any breach on the part of the Contractor Supplier of any of the terms and

conditions of the said order

2 We Bank further agree that the Purchaser shall be sole judge whether the said

ContractorSupplier has failed to perform or fulfil the said order in terms thereof or committed breach of any terms

and conditions of the order and the extent of loss damage cost charges and expenses suffered or incurred or would

be suffered or incurred by the Purchaser on account thereof and we waive in the favour of

the Purchaser all the rights and defences to which we as guarantors may be entitled to

3 We Bank further agree that the amount demanded by the Purchaser as such shall be final and

binding on the Bank as to the Bank s liability to pay and the amount demanded and the Bank undertake to pay the

Purchaser the amount so demanded on first demand and without any demur otwithstanding any dispute raised by the

ContractorSupplier or any suit or other legal proceedings including arbitration pending before any court tribunal or

arbitrator relating thereto our liability under this guarantee being absolute and unconditional

4 We Bank further agree with the Purchaser that the Purchaser shall have the fullest liberty

without our consent and without affecting in any manner our obligations hereunder to vary any of the terms and

conditions of the said orderor to extend time of performance by the Supplier from time to time or to postpone for

any time to time any of the powers exercisable by the Purchaser against the Contractor

Supplier and to forbear to enforce any of the terms and conditions relating to the order and we shall not be relieved

from our liability by reason of any such variation or extension being granted to the Contractor Supplier or for any

forbearance act or omission on the part of the Purchaser or any indulgence by the Purchaser to the

ContractorSupplier or by any such matter or things whatsoever which under the law

relating to sureties would have the effect of relieving us

5 We Bank further undertake not to revoke this guarantee during its currency except with

the previous consent of the Purchaser in writing

6 We Bank also agree that the Bankrsquos liability under this guarantee shall not be affected

by any change in the constitution of the Contractor Supplier or

dissolutionhelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

7 Notwithstanding anything contained herein above

i) Our liability under this guarantee shall not exceed Rs

ii) This Bank Guarantee shall be valid upto and including and

GM(M)MTI2000007617Passivation Station

Page 44 of 45

iii) We are liable to pay the guarantee amount or any part thereof under this Bank Guarantee only and only if you

serve upon us a written claim or demand on or before helliphelliphellip (validity + ---weeks from the date of expiry of this

guarantee)

8 This Guarantee shall be governed by Indian laws and the Courts at Mumbai India shall have the exclusive

jurisdiction

IN WITNESS WHEREOF the Bank has executed this document on

this day of

For Bank

(by its constituted attorney)

(Signature of a person authorised

to sign on behalf of the Bank)

GM(M)MTI2000007617Passivation Station

Page 45 of 45

Enclosure-10

Electronic Payment Mandate Form

(MDL Bank details)

Name of the CompanyFirm Mazagon Dock Shipbuilders Limited

Address with Phone no Dockyard Road Mumbai ndash 400010

E-Mail ID

Phone No +91 22 23745310

Fax No

Particulars of Bank Account

Name of the Bank State Bank of India

Name of the Branch Mazagon Dock Mumbai Branch

Branch Code 9054

Bank IFSC NEFT Code SBIN0009054

Bank Address MBPT Workshop building NV Nakhwa Road Mazagon - 400010

City Name Mumbai

Telephone No of Bank +91 22 23752802

9 digit code no of bank amp branch

appearing on the MICR cheque

issued by your bank

400002120

Type of Account Current Account

Account No 10005255246

Income Tax PAN No AAACM8029J

Page 22: Final Tender - Mazagon Dock Shipbuilders...DIVISION-SHIP BUILDING DEPARTMENT-MATERIAL PROCUREMENT Tender no.: GM(M)/MTI/2000007617 for the Engineering, Manufacturing, Supply/Installation,

GM(M)MTI2000007617Passivation Station

Page 22 of 45

transmitted through SWIFT it shall be the responsibility of the bidder that he directs the

receiving banker to forward the message For delayed period of submission of SD beyond 25

days from date of order interest will be recovered as mentioned below

For Indian suppliers it will be SBAR plus 2 and EUROBORLIBOR plus 2 for Foreign

bidder Security Deposit will be returned only after successful execution of the order and shall

be interest free In the event of failure to execute the order satisfactorily the Security Deposit

will be encashed by MDL PSUs can submit Indemnity bond in lieu of Security deposit Bidders can submit SD amount

by using payment gateways through MDL website

24 Delivery ScheduleWork Completion Schedule and delivery term (For foreign bidders) The

entire scope of work ie Design manufacture Supply Installation Commissioning STW amp

Training to be completed within 6 months from the date of receipt of PO

1) Supplydelivery of machineItemsEquipmentsspares at MDL = within 20 weeks (CIF delivery) and

2) Time for transportation amp custom clearance time = 2 weeks

3) Installation Trials Training and Commissioning = Within 2 weeks

Delivery Term (1) Supply For Indigenous bidder Door DeliveryFOR MDL GRS Stores

For Overseas Bidder CIF Port of destination (Mumbai)

(2) Installation Commissioning STW Training -

For Overseas Bidders At MDL site

Training to be imparted to Non-executives-04 Nos for 7 days (1 week)

Delivery ScheduleWork Completion Schedule and delivery term (For Indigenous bidders) The entire scope of work ie Design manufacture Supply Installation Commissioning STW amp

Training to be completed within 6 months from the date of receipt of PO

1) Supplydelivery of machineItemsEquipmentsspares at MDL = within 22 weeks (CIF

delivery) and

2) Installation Trials Training and Commissioning = Within 2 weeks

Delivery Term (1) Supply For Indigenous bidder Door DeliveryFOR MDL GRS Stores

For Overseas Bidder CIF Port of destination (Mumbai)

(2) Installation Commissioning STW Training - For Indigenous Bidders At MDL site

Training to be imparted to Non-executives-04 Nos for 7 days (1 week)

25 Assistance for Installation Testing Commissioning Maintenance amp other Technical

activities 1 Services of engineersManpower in connection with assistance of delivery

loadingunloading installation setting-in-work testing tuning commissioning

training to be considered in the scope of supply

2 All machinery equipments Oxygenother fuel gas for cutting fork lift welding Tools

amp Tackles accessories spares Chemicals consumables Special tools Fixtures and

tackles Workshop and fabrication shop Calibration facility Local transportation and

Internal Transportation storage amp preservation materials Ist fill of Oil lubricants

grease amp other resources etc required for Installation commissioning work to be

arranged by contractor Crane facility for unloading the equipment at the site Space water compressed air and electric Power will be provided by MDL

During Guarantee Warranty period the entire maintenance repair job shall be carried out by

experienced service engineers amp technicians The supply of all necessary tools tackles and

instruments required for the preventive and breakdown maintenance of the equipment covered

by this contract shall be in contractorrsquos scope No sub-contracting will be allowed

26 Spares Post sale product support 1 The Bidder shall assure a continuous supply of spare parts for at least 10 years from

GM(M)MTI2000007617Passivation Station

Page 23 of 45

the date of commissioning of the machine at MDL

2 List of Service centers amp Setup details to be provided

3 Standard accessories required for making itemequipmentmachine operational amp

ready to use should be included in the scope of supply

4 All defective parts spares can either be repaired or replaced by new parts Spares

replaced will be either of same make or equivalent as suggested by the OEM after

consultation with MDL However the total responsibility of the quality of spares supplied or parts repaired shall be with the Contractor

3 If any defective partitemequipment required to be taken out to the service center by

the firm for the further repairing the firm shall be asked to submit the necessary

indemnity bondBG as required Taking out defective partitemequipment from MDL

and bringing back repaired part item equipment to MDL is in the firmrsquos scope of

work The firm has to bear all the transportation charges amp transit insurance

27 Inspection - (a) Receipt Inspection by MDL- MDL inspection cell amp User dept shall carry out necessary

inspection of the items on receipt in the MDL Yard on the basis of an appropriate MDL

Inspection system requirement along with the representative of user dept amp the Inspection

documents submitted by suppliers Any objection raised by MDL inspection team against

quality of material or workmanship shall be satisfactorily corrected by the supplier at his

expenses including replacement as may be required within shortest possible time within 30

days Items damaged during transit shall also be rectified or replaced by the supplier within

shortest possible time

(b) Rejection of the material Any portion of the equipment found defectiverejected the

supplier shall collect the same at his cost from the MDL Yard all incidental charges being

born by supplier (inclusive of custom duty if payable) within 30 days from the date of

intimation to the supplier of such rejection The MDL reserves the rights to dispose off the

rejected item at the end of a total period of 90 days in any manner to the best advantage to the

MDLamp recover storage charges amp any consequential damages from sale proceeds of such

disposal

(c) Final work completion certificate in respect of completion of entire scope of work will be

certified by MDL user dept

28 Purchase Preference for MSE - NA

29 Risk Purchase amp Cancellation of Order (a) If the equipment article service or any portion thereof be not delivered performed by

the scheduled delivery date period any stoppage or discontinuation of ordered supply

awarded contract without written consent by Purchaser or not meeting the required quality

standards the Purchaser shall be at liberty without prejudice to the right of the Purchaser

to recover Liquidated Damages penalty as provided for in these conditions or to any

other remedy for breach of contract to terminate the contract either wholly or to the extent

of such default Amounts advanced or part thereof corresponding to the undelivered

supply shall be recoverable from the Contractor Bidder at the prevailing bank rate of interest

(b) The Purchaser shall also be at liberty to purchase manufacture or supply from stock as it

deems fit other articles of the same or similar description to make good such default and

or in the event of the contract being terminated the balance of the articles of the

remaining to be delivered there under Any excess over the purchase price cost of

manufacture or value of any articles supplied from the stock as the case may be over the

contract price shall be recoverable from the Bidder Vendor Contractor

(c) The Purchaser reserves the right to cancel an order forthwith without any financial

implications on either side if on completion of 50 of the scheduled deliveryCompletion

period the progress of manufactureSupply is not to the satisfaction of Purchaser and

failure on the part of the BidderVendorContractor to comply with the delivery schedule

is inevitable In such an event the BidderVendorContractor shall repay all the advances

GM(M)MTI2000007617Passivation Station

Page 24 of 45

together with interest at prevailing bank rates from the date of receipt of such advances till

date of repayment The title of any property delivered to Purchaser will be reverted to the

BidderVendorContractor at his cost

(d) In case of breach non-compliance of any of the agreed terms amp conditions of order

contract MDL reserves the right to recover consequential damages from the vendor

contractor on account of such premature termination of contract

(e) In case of delay beyond agreed period for liquidated damages or 10weeks from

contractual delivery period whichever is earlier MDL reserves the right to cancel the

order and procure the order items services from any available source at MDLrsquos option amp

discretion and entirely at your risk and cost Extra expenditure incurred by MDL in doing

will be recoverable from Bidder Supplier Contractor

30 Freak Low Quotes In case after opening of price bid of technically cleared firms it is noted that L-1 firm has quoted very low rates and indicates to withdraw from the tender then EMD shall be

forfeited and firm may be given tender holiday including intimation to other PSUs If the rates

quoted are less than MDL estimates by 40 or so and if the difference in rate between L1 and L2

is 30 or more than the firm will have to give additional BG of 20 of the PO value excluding

GST as additional security Bank charges for this additional BG shall be borne by MDL and

reimbursed against proof of payment

31 Indemnity - The Bidder Vendor Contractor his employees licencees agents or Sub-Vendor

Sub-contractor while on site of the Purchaser for the purpose of this contract indemnifies the

Purchaser against direct damage and or injury to the property and or the person of the Purchaser or

that of Purchasers employees agents Sub- Contractors Suppliers occurring and to the extent

caused by the negligence of the Bidder Vendor Contractor his employees licencees agents or

Sub-contractor by making good such damages to the property or compensating personal injury

and the total liability for such damages or injury shall be as mutually discussed and agreed to

You shall hold harmless and keep MDL indemnified against all claims arising as a result of

infringement of any patent rights on account of manufacture sale or use of article covered by

the order

32 MDL reserves the right to consider placement of Order Contract in part or in full against the

tendered quantity or item MDL reserves the right to place order on FOB or CIF basis

33 MDL shall not be bound by any printed conditions or provisions in the sellers bid forms or

acknowledgement of contract invoices packing list and any other documents which purport to

impose any conditions at variance with the tender terms final negotiated amp accepted terms

34 Bidders can participate in online bidding

a) By registering with above referred portal for User ID and password

b) By obtaining class III DSC (Digital Signature Certificate) for secured bidding

35 In case of improper on-line filling of Acceptance Formats for Tender Enquiry Form General

Terms amp Conditions (GTampC) and Standard Terms amp Conditions (STACS) it shall be

presumed that all our tender terms amp conditions are acceptable to you

36 In case of any clarifications bidders are requested to contact the undersigned before the closing

date of the tender Bidders can also contact toll-free customer help line of e-procurement portal

httpseprocuremdlnicin ASP on email id eproc-supportgovin Ph no 0120-4200462 0120-

4001002

Bidders intending to witness the Tender opening shall log on to httpseprocuremdlnicin

using digital signatures for witnessing the opening

GM(M)MTI2000007617Passivation Station

Page 25 of 45

37 We look forward to your participation in on-line bidding by offering your most competitive

and reasonable bid against this tender

Yours faithfully

For MAZAGON DOCK LIMITED

M Tanweer Iqbal

CM(C-MP)

Enclosure - 1 Instructions to the Bidders

Enclosure - 2 Illustrative format amp guideline for quoting prices in online Price Bid

Enclosure - 3 Standard Terms amp Conditions (STACS)

Enclosure - 4 General Terms amp Conditions (GTampC)

Enclosure - 5 Loading Factors

Enclosure - 6 Format of Letter of Credit

Enclosure 7 Bank Guarantee Format for EMD

Enclosure 8 Bank Guarantee Format for SD

Enclosure 9 Bank Guarantee Format for PBG

Enclosure - 10 MDL bank details for NEFTRTGS EMDSD transfer

Enclosure 11 Shipping Instruction for Sea amp Air Consignments

Note These Enclosuredocuments to be down loaded from our Website under below linkpath-

wwwmazagondockgovin gt Tenders gt Shipbuilding gt ldquoEnclosures Related to Tender Documents from Material

Purchase Deptrdquo

GM(M)MTI2000007617Passivation Station

Page 26 of 45

Enclosure ndash 1

Instructions to the Bidders for uploading the Techno-Commercial Bid and the Price Bid through E-

Procurement Portal

bullbullbullbull Official service provider for the website is NIC

E-mail eproc-supportgovin Office Ph No 0120-4200462 0120-4001002 Ph No +91-8826246593

bullbullbullbull Pre-requisites for up-loading the Techno-Commercial Bid

(i) Compatible computer hardware software set-up to access e-procure website

(ii) ldquoDigital Signature Certificaterdquo class III B (DSC) is a must for downloading the tender and uploading

the techno commercial offer from our website httpseprocuremdlnicin

(iii) ldquoDigital Signature Certificaterdquo class III B (DSC) can be obtained from our service provider

bullbullbullbull To ensure availability of above prerequisite is bidders responsibility

(i) It is mandatory to upload the complete techno-commercial offer and the price bid on e-

procurement

(ii) No part of the bid other than original EMD (if applicable) shall be accepted physically hard copy

outside e-procurement

(iii) Price bids shall strictly be uploaded in appropriate allotted place in the tender available in e-

procurement so that it remains secured encrypted unreadable in the system

(iv) In no circumstances the price bids shall be forwarded or uploaded in any other form

(v) Entire responsibility of the uploading of the complete techno-commercial bid along with the price

bid shall be that of the bidder

(vi) No request complaint shall be entertained after the due datetime of the tender

(vii) Non availability of any of the prerequisites or last minute calls seeking clarifications projecting

problems shall not entitle a bidder to seek request for extension of due date

(viii) Any problem with regard to uploading of the tender shall be intimated to NIC at least 24 hours in

advance to the tender closing time amp date However it will not be considered as reason for extension

of due date of the tender

(ix) Request for extension if at all to be made shall be forwarded at least 3 working days in advance to

the tender closing date time with proper reasoning The request shall be put up to the competent

authority for consideration on the merit of the case MDL reserves all rights in this regard amp decision

of MDL shall be binding to the applicant

It is important to note that the bidders can upload their bids right from the time the tender is available

at website It is advisable that the bidder uploads the bid well in time rather than wait till last minute

to avoid situations wherein he is unable to successfully upload the bid for various reasons which

cannot be addressed then due to lack of time

bullbullbullbull Special instructions to Bidders for online bidding

GM(M)MTI2000007617Passivation Station

Page 27 of 45

(i) Bidders should login well in advance to enable them to complete their bid submission before the

closing time of the tender

(ii) Bidders should submit their bid well in advance to avoid last minute frantic calls

(iii) Bidders should follow all the instructions enlisted on the front page of e-procure web page

(iv) Bidders should ensure Hardware amp Software compatibility as well as Digital Signature available on

front page of e-procure web site Request for extension of due date shall not be entertained due to

non-availability of these tools

bullbullbullbull Bidders to participate in on-line bidding

(i) By registering with above referred portal for User ID and password

(ii) By obtaining class III DSC (Digital Signature Certificate) for secured bidding

NOTE In case any vendor intending to respond against the tender and is not having the DSC to facilitate

uploading of his bid should approach the Service Provider at least 10 working days in advance of the tender

closing date requesting DSC The request so made to the Service Provider should simultaneously be

forwarded to MDL Dealing Officer In case the DSC is not received within 3 to 4 working days the GM (M)

be informed and the DSC if not received from the Service Provider three working days in advance for

suitable extension to tender closing date then only the tender due date shall be considered

GM(M)MTI2000007617Passivation Station

Page 28 of 45

Annexure-2

Illustrative format amp guideline for quoting prices in online Price Bid

Below format of price bid will appear online Indigenous bidders to follow instructions given in each respective

cell while quoting their cost in online price bid -

Item Sr no 1

Material Description As per clause No 1

Quantity As per clause No 1

Set Set

Currency INR USD EURO

For Indian Bidder Basic Unit Rate in INR only

For Foreign Bidder CIF Rate to be entered by the foreign

currency

To be quoted

of CGST+SGST or IGST on Basic rate To be quoted

Installation Commissioning Charges per Unit To be quoted

of CGST+SGST or IGST on Installation Commissioning

Charges To be quoted

Inspection Testing Charges per Unit To be quoted

of CGST+SGST or IGST on Inspection Testing Charges To be quoted

GM(M)MTI2000007617Passivation Station

Page 29 of 45

Enclosure-3

STANDARD TERMS AND CONDITIONS (STACS) 101 The word Purchaser refers to MAZAGON DOCK SHIPBUILDERS LIMITED (MDL) a Company

registered under the Indian Companies Act 1913 and it includes its successors or assignees

102 The word BidderVendorContractor means the person firm Company who undertakes to

manufacture and or supply and or undertake work of any nature assigned by the Purchaser from time to time

and includes its successors or assignees

103 The word Owner means the person or authority with whom MAZAGON DOCK SHIPBUILDERS

LIMITED (Purchaser) has contracted to carry out work in relation to which orders are placed by the

Purchaser on the BidderVendorContractor under this contract for supply or manufacture of certain items

and would include Department of Defence Production Ministry of Defence Government of India the Indian

Navy the Coast Guard and any other specified authority

120 GENERAL 121 Unless otherwise indicated specifically by the bidder contractor in his bid it shall be construed as his

acceptance of all the conditions mentioned in this STACS

200 COMMUNICATION amp LANGUAGE FOR DOCUMENTATION 201 Any letter facsimile message e-mail intimation or notice sent to the BidderVendorContractor at the

last known address mentioned in the offer order shall be deemed to be valid communication for the purpose

of the ordercontract Unless stated otherwise by the purchaser Language for communication amp all

documentation shall be same which the Purchaser has used in the tender enquiry

210 PURCHASERrsquoS PROPERTY 211 All property (such as materials drawings documents etc) issued by the Purchaser or any other

individual or firm on behalf of the Purchaser in connection with the contract shall remain confidential being

the property of the Purchaser and the BidderVendorContractor shall undertake to return all such property so

issued and will be responsible for any or all loss thereof and damage thereto resulting from whatever causes

and shall reimburse the Purchaser the full amount of loss and damage

212 On completion of work in any compartment location of the purchaserrsquos premises the

BidderSupplierContractor must ensure that the place is left in a reasonably clean state and all scrap is

transferred to nearby scrap-bins

220 RISK PURCHASE 221 If the equipment article service or any portion thereof be not delivered performed by the scheduled

delivery date period any stoppage or discontinuation of ordered supply awarded contract without written

consent by Purchaser or not meeting the required quality standards the Purchaser shall be at liberty without

prejudice to the right of the Purchaser to recover Liquidated Damages penalty as provided for in these

conditions or to any other remedy for breach of contract to terminate the contract either wholly or to the

extent of such default Amounts advanced or part thereof corresponding to the undelivered supply shall be

recoverable from the Contractor Bidder at the prevailing bank rate of interest

222 The Purchaser shall also be at liberty to purchase manufacture or supply from stock as it deems fit

other articles of the same or similar description to make good such default and or in the event of the contract

being terminated the balance of the articles of the remaining to be delivered there under Any excess over the

purchase price cost of manufacture or value of any articles supplied from the stock as the case may be over

the contract price shall be recoverable from the Bidder Vendor Contractor

230 RECOVERY ADJUSTMENT PROVISIONS 231 Payment made under one order shall not be assigned or adjusted to any other order except to the extent

agreed upon in writing by the Purchaser During the currency of the contract if any sum of money is payable

by the Bidder Vendor Contractor the same shall be deducted from any sum then due or thereafter may

become due to the Bidder Vendor Contractor under the contract or any other contract with the Purchaser

240 ADDITIONAL BANK GUARANTEE In case after opening of price bid of technically cleared firms it is noted that L-1 firm has quoted very low

rates and indicates to withdraw from the tender then EMD shall be forfeited and firm may be given tender

holiday including intimation to other PSUs If the rates quoted are less than MDL estimates by 40 or so and

if the difference in rate between L1 and L2 is 30 or more then the firm will have to give additional BG of

20 of the PO value as additional security Bank charges for this additional BG shall be borne by MDL and

reimbursed against proof of payment

250 INDEMNIFICATION 251 The Bidder Vendor Contractor his employees licencees agents or Sub-Vendor Sub-contractor

while on site of the Purchaser for the purpose of this contract indemnifies the Purchaser against direct

GM(M)MTI2000007617Passivation Station

Page 30 of 45

damage and or injury to the property and or the person of the Purchaser or that of Purchasers employees

agents Sub- Contractors Suppliers occurring and to the extent caused by the negligence of the Bidder

Vendor Contractor his employees licencees agents or Sub-contractor by making good such damages to the

property or compensating personal injury and the total liability for such damages or injury shall be as

mutually discussed and agreed to

260 TRANSFER OF VENDORS CONTRACTORrsquoS RIGHTS 261 The Bidder Vendor Contractor shall not either wholly or partly sell transfer assign or otherwise

dispose of the rights liabilities and obligations under the contract between him and the Purchaser without

prior consent of the Purchaser in writing

270 SUBCONTRACT amp RIGHT OF PURCHASER 271 The Bidder Vendor Contractor under no circumstances undertake or subcontract any work contract

from or to any other Sub-contractor without prior written approval of the Competent Authority of Purchaser

In the event it is found that such practice has been indulged in the contract is liable to be terminated without

notice and the Bidder Vendor Contractor is debarred all from future tender enquiries work orders

However in no circumstances a contractor is permitted to subcontract any part of the contract to the bidders

who had quoted for the concerned tender

280 PATENT RIGHTS 281 The Bidder Vendor Contractor shall hold harmless and keep the Purchaser indemnified against all

claims arising as a result of infringement of any patent copy rights on account of manufacture sale or use of

articles covered by the order

290 AGENTS AGENCY COMMISSION

291 The seller confirms and declares to the buyer that the seller is the original manufacturer or authorized

distributorstockiest of original manufacturer of the stores referred to in this contract and has not engaged any

individual or firm whether Indian or foreign whatsoever to intercede facilitate or in any way to

recommended to the Buyer or any of its functionaries whether officially or unofficially to the award of the

Contract Purchase order to the Seller nor has any amount been paid promised or intended to be paid to any

such individual or firm in respect of any such intercession facilitation or recommendation The Seller agrees

that if it is established at any time to the satisfaction of the Buyer that the present declaration is in any way

incorrect or if at a later stage it is discovered by the Buyer that the Seller has engaged any such

individualfirm and paid or intended to pay any amount gift reward fees commission or consideration to

such person party firm or institution whether before or after the signing of this Contract Purchase order

the Seller

will be liable to refund that amount to the Buyer

Tender no GM (M)GRA2000007246 Page 16 of 26

The seller will also be debarred from participation in any RFQTender for new projectsprogram with Buyer

for a minimum period of five years

The buyer will also have a right to consider cancellation of the Contract either wholly or in part without any

entitlement or compensation to the Seller who shall in such event be liable to refund all payments made by

the buyer in terms of the Contract along with interest at the rate of 2 per annum above LIBOR (London

Inter Bank Offer Rate) (for foreign vendors) and base rate of SBI plus 2 (for Indian Vendors)

The Buyer will also have the right to recover any such amount from any contracts concluded earlier with

Buyer

300 USE OF UNDUE INFLUENCE CORRUPT PRACTICES

301 The Bidder Supplier Contractor undertakes that he has not given offered or promised to give directly

or indirectly any gift consideration reward commission fees brokerage or inducement to any person in

service of the Purchaser or otherwise in procuring the contract or forbearing to do or for having done or

forborne to do any act in relation to the obtaining or execution of the Contract with the Purchaser for showing

or forbearing to show favour or disfavour to any person in relation to the Contract or any other Contract with

the Purchaser Any breach of the aforesaid undertaking by the Bidder Supplier Contractor or any one

employed by him or acting on his behalf (whether with or without the knowledge of the Bidder Supplier

Contractor) or the commission of any offence by the Bidder Supplier Contractor or any one employed by

him or acting on his behalf as defined in Chapter IX of the Indian Penal Code 1980 or the Prevention of

Corruption Act 1947 or any other Act enacted or the prevention of corruption shall entitle the Purchaser to

cancel the contract and all or any other contracts with the Bidder Contractor Supplier and recover from the

Bidder Supplier Contractor the amount of any loss arising from such cancellation Decision of the

Purchaser or his nominee to the effect that a breach of the undertaking has been committed shall be final and

binding on the Bidder Supplier Contractor

302 The Bidder Supplier Contractor shall not offer or agree to give any person in the employment of

GM(M)MTI2000007617Passivation Station

Page 31 of 45

Purchaser any gift or consideration of any kind as Inducement or reward for doing or forbearing to do or

for having done or forborne to do any act in relation to the obtaining or execution of the contracts Any

breach of the aforesaid condition by the Bidder Supplier Contractor or any one employed by them or

acting on their behalf (whether with or without the knowledge of the Bidder Supplier Contractor) or the

commission of any offence by the Bidder Supplier Contractor or by any one employed by them or acting

on their behalf which shall be punishable under the Indian Penal Code 1980 andor the Prevention of

Corruption by Public Servants shall entitle Purchaser to cancel the contracts and all or any other contracts

and then to recover from the Bidder Supplier Contractor the amounts of any loss arising from such

contracts cancellation including but not limited to imposition of penal damages forfeiture of Security

Deposit encashment of the Bank Guarantee and refund of the amounts paid by the Purchaser

303 In case it is found to the satisfaction of the Purchaser that the Bidder Supplier Contractor has

engaged an Agent or paid commission or influenced any person to obtain the contract as described in clauses

relating to Agents Agency Commission and use of undue Influence the Bidder Supplier Contractor on a

specific request of the Purchaser shall provide necessary information inspection of the relevant financial

document information

310 IMMUNITY OF GOVERNMENT OF INDIA CLAUSE 311 It is expressly understood and agreed by and between Ms (Bidder Supplier Contractor) and

MAZAGON DOCK SHIPBUILDERS LIMITED Dockyard Road Mumbai - 400 010 (MDL) is entering

into this Agreement solely on its own behalf and not on the behalf of any person or entity In particular it is

expressly understood and agreed that the Government of India is not a party to this Agreement and has no

liabilities obligations or rights hereunder It is expressly understood and agreed that MDL is an independent

legal entity with power and authority to enter into contracts solely in its own behalf under the applicable of

Laws of India and general principles of Contract Law The (Bidder Supplier Contractor) expressly agrees

acknowledges and understands that MDL is not an agent representative or delegate of the Government of

India It is further understood and agreed that the Government of India is not and shall not be liable for any

acts omissions and commissions breaches or other wrongs arising out of the contract Accordingly (Bidder

Supplier Contractor) hereby expressly waives releases and foregoes any and all actions or claims including

cross claims impleader claims or counter claims against the Government of India arising out of this contract

and covenants not to sue Government of India in any manner claim cause of action or thing whatsoever

arising of or under this Agreement

320 EXPORT LICENCE 321 The export licenses that may be required for delivery of the various itemsequipment to MDL shall be

arranged by the Bidder Supplier Contractor from the concerned authorities in their country without any

time amp cost implications on the Purchaser

330 BANNED OR DE-LISTED CONTRACTORS VENDORS 331 The Bidder Vendor Contractor declares that they being Proprietors Directors Partners have not

been any time individually or collectively blacklisted or banned or de-listed by any Government or quasi

Government agencies or PSUs If a bidderrsquos entities as stated above have been blacklisted or banned or delisted

by any Government or quasi Government agencies or PSUs this fact must be clearly stated and it may

not necessarily be a cause for disqualifying him

340 DUTY OF PERSONNEL OF SUPPLIERVENDOR 341 MDL being a Defence Organization Bidder Vendor Contractor undertakes that their personnel

deployed in connection with the entrusted work will not indulge in any activities other than the duties

assigned to them

350 DISPUTE RESOLUTION MECHANISM AND ARBITRATION

351 DISPUTE RESOLUTION MECHANISM (DRM) i) Any disputedifferences between the parties arising out of and in connection with the contract shall be

settled amicably by mutual negotiations

ii) In case of non-settlement by (i) above if at any time before during or after the contract period any

unsettled claim dispute or difference arose between the parties upon or in relation to or in connection with

or in any way touching or concerning this tenderagreementordercontract the same shall be referred to the

concerned Functional Director

The Functional Director shall then nominate an Executive of the rank of General Manager whom he thinks fit

and competent or a Committee of Executives whowhich shall then scrutinise the claimsdisputes that have

been referred to the concerned functional Director and make efforts for amicable settlements by mutual

discussionsnegotiations

iii) In case no amicable settlement is arrived by (ii) above within a period of three months then the contractor

shall approach Public Grievance Cell and address the disputes as per the provisions made under the relevant

GM(M)MTI2000007617Passivation Station

Page 32 of 45

clause of the contract

iv) In case the issuesdisputes do not get settled within a period of six months from the date of

submission of the dispute to the Grievance Cell then the contractor may invoke Arbitration Clause of the

contract

352 ARBITRATION Unresolved disputesdifferences if any shall then be settled by arbitration The

Arbitration proceedings shall be conducted at Mumbai India in English Language under the Arbitration amp

Conciliation Act 1996

MDL prefers to have arbitration through Institutes such as Indian Council of Arbitration (ICA)ICA-DR with

the mutual consent of the parties

353 In case of unresolved differencedispute between the Purchaser and Supplier being Central Public

Sector EnterprisesCentral Govt departments the disputes shall be resolved firstly through mutual discussion

or through the empowered agencies of the Govt or through arbitration by reference by either party to the

department of Public Enterprises as per extant guidelines If disputesdifferences remain

unresolvedunexecuted the same shall be referred first to the Cabinet Secretariat and then if necessary to the

PMO

354 Any changes to arbitration clause must be vetted by HOD (Legal) before incorporation in

contractPO

360 JURISDICTION OF COURTS 361 All contracts shall be deemed to have been wholly made in Mumbai and all claims there under are

payable in Mumbai City and it is the distinct condition of the order that no suit or action for the purpose of

enforcing any claim in respect of the order shall be instituted in any Court other than that situated in Mumbai

City Maharashtra State India ie courts in Mumbai shall alone have jurisdiction to decide upon any dispute

arising out of or in respect of the contract

-----------------------

GM(M)MTI2000007617Passivation Station

Page 33 of 45

Enclosure-4

GENERAL TERMS amp CONDITIONS (GTampC)

A10 Blank

A20 SECURITY DEPOSIT A21 The successful bidder shall submit a Security Deposit 5 of the contract order value (excluding

taxes duties freight service component) of the Order in the form of Demand Draft Bank Guarantee in the

prescribed format in favour of Purchaser within 25 days from date of Contract The Security Deposit will be

returned only after the successful execution of the order contract Refund of Security Deposit whenever

considered admissible by the Purchaser shall be without interest only

A30 FORFEITURE OF EMD BID BOND A31 In cases of withdrawal of bid during validity period or during any extension granted thereof non

acceptance of agreed conditions of Technical and or Commercial and or Price Negotiations non-submission

of the security deposit and or non-acceptance of the order the EMD or bid security will be forfeited or

encashed as the case may be

A40 FORFEITURE OF SECURITY DEPOSIT A41 Non-performance of agreed terms and or defaultbreach by BidderVendorContractor will result in

forfeiture of security deposit with application of risk purchase provisions as felt appropriate by the Purchaser

A50 FORFEITURE OF PERFORMANCE GUARANTEE A51 In the event of BidderVendorContractor failure to attend the Guarantee defects within a reasonable

period of time the Performance Bank Guarantee will be encashed by the Purchaser The Purchaserrsquos decision

shall be final and binding on BidderVendorContractor

A60 SUPPLIES A61 The equipment products items Services to be supplied shall be strictly in accordance with the

Drawings Specifications Requirements indicated in the Tender Enquiry Order with deviations if any as

mutually accepted

A70 PROGRESS REPORTING amp MONITORING A71 Where so stipulated in the order the Bidder Supplier Contractor shall render such reports from time

to time as regards the progress of the contract and in such a form as may be called for by the Purchaser

A80 CANCELLATION OF ORDER A81The Purchaser reserves the right to cancel an order forthwith without any financial implications on either

side if on completion of 50 of the scheduled deliveryCompletion period the progress of

manufactureSupply is not to the satisfaction of Purchaser and failure on the part of the

BidderVendorContractor to comply with the delivery schedule is inevitable In such an event the

BidderVendorContractor shall repay all the advances together with interest at prevailing bank rates from the

date of receipt of such advances till date of repayment The title of any property delivered to Purchaser will

be reverted to the BidderVendorContractor at his cost

A82 In case of breach non-compliance of any of the agreed terms amp conditions of order contract MDL

reserves the right to recover consequential damages from the vendor contractor on account of such

premature termination of contract

A83 In case of delay beyond agreed period for liquidated damages or 10weeks from contractual delivery

period whichever is earlier MDL reserves the right to cancel the order and procure the order items services

from any available source at MDLrsquos option amp discretion and entirely at your risk and cost Extra expenditure

incurred by MDL in doing will be recoverable from Bidder Supplier Contractor

A90 PRESERVATION AND MAINTENANCE

A91 Should any material require any preservation till its final installationfitment the detailed procedure

(Long term amp short term) for the same as also the time of interval after which the state of preservation needs

to be reviewed is to be stated by the BidderVendorContractor

A92 Further the de-preservation prior to the materialequipment being commissioned and the maintenance

procedure together with its periodicity is also to be indicated by the Bidder Vendor Contractor

A93 The Bidder Vendor Contractor in their offer must confirm that indigenous oil lubricants and

preservatives etc can be used in the equipment The bidder must also give assurance that the equipment

performance will not be downgraded by use of indigenous equivalents

A100 FREIGHT amp INSURANCE

A101 For Indigenous Bidders In cases where the offers are for Door Delivery to Purchaser transit freight

amp Insurance charges shall be borne by the Bidder Supplier Contractor In other agreed cases of Ex-works

Ex-Transporters warehouse or Railway godown offers the Bidder Supplier Contractor on dispatch shall

give details of materials with dispatch particulars and their value in time to Purchasers Insurance Company

GM(M)MTI2000007617Passivation Station

Page 34 of 45

on the contact details as provided in the order In such agreed cases the freight amp insurance charges will be

paid by the purchaser directly to the parties concerned

A102 For Foreign Bidders For overseas supplies on CIF port of dispatch basis Transit Insurance shall be

arranged by the Purchaser The Bidder Supplier Contractor shall immediately on despatch of the

items inform all relevant details of despatch such as Order number Bill of LadingAWB number

marked as Freight Paid Insurance policydocument number of packages value of consignment

invoice number in time directly to Purchasers Insurance company amp Purchaser on the contact details

as provided in the order In case of delivery term other than CIFCIP the freight amp insurance charges

will be paid by the purchaser directly to the parties concerned

A110 TAXES amp DUTIES STATUTORY LEVIES A111 Taxes and duties applicable if any shall be regularized by MDL by issuing necessary exemption

certificates in respect of procurement for Defence Projects Bidder shall indicate separately the GST and

duties applicable in their offer When the items qualify for exemption partlyfully but the supplier did not

avail of the same the amount of taxes and duties on such supplies shall be to supplierrsquos account In cases

where exemption certificates are not issued for any reason taxes shall be paid as indicated in the Purchase

OrderContract Tax deduction at source will be effected wherever applicable (eg TDS under Income tax

Act TDS on Works Contract under GST Act etc) from the bills of the Supplier as per statutes Similarly

where payment of Custom duty is agreed to and stipulated in the Purchase Order Contract the same will be

paid by the Purchaser on receipt of supplierrsquos bills along with Custom Certified Duty Paid Challan-Money

Receipt in original or carbon copy as relevant These Challans Receipts Bill of Entry are to be drawn issued

in the name of lsquoMAZAGON DOCK SHIPBUILDERS LIMITEDrsquo only Where payment of GST is agreed to

and stipulated in the Purchase Order Contract the same will be paid by the Purchaser on the basis of

Suppliers TAX INVOICE wherein the GST Number along with HSN SAC code is indicated in the Invoice

A120 DEMURRAGE A121 Storage and Demurrage charges will be payable by the Bidder Vendor Contractor for all shipments

that reach purchaser without proper dispatch documentations Lorry Receipts not accompanied by packing

lists invoices etc The Supplier shall be responsible for fines due to errors or omissions in description weight

or measurements and for increased handling charges due to improper packing

A130 INSPECTION TESTING A131The ordered items will be inspected either by Classification Society Nominated Agency and or by

Inspection Officer nominated by Purchaser at stages defined in the tender Purchase Order or as agreed to be

defined subsequently in terms of the Purchase Order

A132 The decision of the Inspecting Authority or their representatives as the case may be on any question

of the intent meaning and the scope of Specifications Standards shall be final conclusive and binding on

the Bidder Vendor Contractor

A133 The Bidder Vendor Contractor shall accord all facilities to Purchasers Inspectors Nominated

Agency to carry out Inspection Testing during course of manufacture final testing

A140 RECEIPT INSPECTION BY MDL A141 MDL shall carry out necessary inspection of the items on receipt on the basis of an appropriate quality

assurance system and inspection system requirements along with representative of the Owner Any objection

raised by MDL Quality Control Team against quality of materials or workmanship shall be satisfactorily

corrected by the Contractor at his expense including replacement as may be required within shortest possible

time within 30 days Items damaged during transit shall also be rectified replaced by the Contractor within

shortest possible time payment for which shall be made at mutually agreed rates

A150 REJECTION OF MATERIALS A151 Should the articles or any portion thereof of the equipment be found defective rejected the Bidder

Vendor Contractor shall collect the same from the Purchasers Stores all incidental charges being borne by

him (inclusive of Custom duty if payable) within 30 days from the date of intimation to the Bidder Vendor

Contractor of such rejection The Purchaser reserves the right to dispose off the rejected items at the end of

a total period of 90 days in any manner to the best advantage to the Purchaser and recover storage charges

and any consequential damages from sale proceeds of such disposal

A160 TECHNOLOGICAL DEVELOPMENTS MODIFICATIONS

A161 The Bidder Supplier Contractor shall unconditionally and free of cost to the Purchaser transfer

information on technological developments innovations modifications which the BidderSupplier

Contractor would evolve in future (within 3 years) in relation to the supplied equipment To enable this the

Purchasers address shall be added to the Bidder Supplier Contractorrsquos mailing list or database or any other

document maintained for dissemination of product information and the Purchaser shall be informed of the

GM(M)MTI2000007617Passivation Station

Page 35 of 45

action taken in this regard If such improvements modifications are brought in by the Bidder Supplier

Contractorrsquos Design Department in the course of manufacture of equipment ordered by the Purchaser the

Bidder Supplier Contractor shall incorporate such improved versions in the equipment without any extra

cost to the Purchaser under Purchaserrsquos prior consent

A162 If the Purchaser be desirous of getting incorporated all post supply modifications improvements

arising out of technological developments to the original equipment supplied by the Bidder Supplier

Contractor the Bidder Supplier Contractor shall quote for and carry out all such modifications to the

equipment

A163 Where the whole or a portion of the equipment has been specifically developed by the Bidder

Supplier Contractor for the Owner and the latter would through the Purchaser be bearing the entire or part

of the development cost incurred by the Bidder Supplier Contractor the design rights for the whole or

portion thereof of the equipment as appropriate shall vest in the Owners

A164 Prior approval of the Owner should be obtained before similar articles are sold supplied to any other

party other than the Owner If such approval is given and sale is effected the Bidder Supplier Contractor

shall pay to the Owner royalty at the rate mutually agreed to

A165 The Sub-contractor Supplier Supplier shall continue to support the equipment for a minimum period

of 20 years from the date of supply by making available spare parts and assemblies of the equipment

supplied Should the Sub-contractor Supplier Supplier decides to discontinue the product for any reason

whatsoever adequate notice shall be given to the Purchaser Owner to enable procurement of the requisite

lifetime spares

A170 PURCHASERrsquoS RIGHT TO ACCEPT ANY BID PART OF BID AND TO REJECT ANY OR

ALL BIDS A171 The Purchaser reserves the right to accept and or reject any or all tenders and or to withdraw the tender

in Toto and or award the contract order in full or part to more than one vendor contractor without

assigning any reason whatsoever and without thereby incurring any liability to the affected Bidder or Bidders

or any obligations to inform the affected Bidder or Bidders of the grounds for MDL action

A180 BANK GUARANTEE INSURANCE COVER FOR FREE ISSUE MATERIAL A181 The Bidder Supplier Contractor shall furnish Bank Guarantee insurance Cover equivalent to the

value of materials supplied by MDL free of cost valid up to the execution of the contract delivery of

material inspected accepted and receipt at MDL together with the material reconciliation statement

whichever is later

A190 BIDDERrsquoS RESPONSE IN CASE OF NO PARTICIPATION A191 The Sub-contractor Supplier Vendor shall inform the Purchaser in advance in case he is unable to

participate in the tender for whatsoever reason Failure to comply with this will be viewed seriously and

consecutive three failures on the part of Sub-contractor Supplier Vendor to do so is liable for

disqualification debarring of the Sub-contractor Supplier Vendor from all future tender enquiries and or

delisting from the list of Approved Registered Vendors

A230 PREFERENCETIAL PURCHASE FROM MSE VENDORS ndash Not Applicable MDL has right to place order on MSE firm meeting following criteria

In tenders if participating MSEs quoted prices are within price band of L1+15 such MSEs shall also be

allowed to supply a portion up to 20 of requirement by bringing down their prices to L1 price where L1 is

non MSEs If more than 1 MSEs fall under such criteria then this 20 shall be distributed proportionally

This preference shall not be applicable where MSE firm is L1 firm out of 20 percent target of annual

procurement from Micro and Small Enterprises a sub-target of 20 percent (ie 4 percent out of 20 percent)

shall be earmarked for procurement from Micro and Small Enterprises owned by the Scheduled Caste or the

Scheduled Tribe Entrepreneurs In respect of items reserved for MSE extant guidelines shall be followed

Presently Circular No SO 581(E) dated 23032012 is applicable

GM(M)MTI2000007617Passivation Station

Page 36 of 45

Annexure-5

LOADING FACTORS A

Sr

No

Description Foreign Supplier

100 import content

Indigenous

Supplier with part

Import content

Indigenous

Supplier without

Import content

1 Basic Price Quoted

CIF

a a Ex Works

b b Delivered to

MDL Stores

a Ex Works

b Delivered to

MDL Stores

2 Add Insurance Charges Nil In case of 1 (a) In case of 1 (a)

3 Add Sea Air Freight charges

Inland Road Transport Nil In case of 1 (a) In case of 1 (a)

4

Customs Clearance Port

Handling Transportation to

Yard

Applicable NIL NIL

5

Cost (ex-MDL) excluding taxes

amp duties without loading

towards any deviations

CIF price +

SrNo4 Sr Nos (1+2+3) Sr Nos (1+2+3)

B LOADINGS DUE TO VARIATIONS IN FINANCIAL TERM

6 Variation in payment Terms

Varied payment terms quoted by bidders as compared to the terms stated

in the tender document shall be normalized on the amount(s) at variation

and or for the period (in no of days) at variation by adopting the Prime

Lending Rate of State Bank India plus 2 thereon incase of indigenous

bidders and LIBOR EURIBOR rates in case of foreign bidders

7

Income tax amp Service Tax on

Technical Services Service

Engineers liability to MDL

Normalization shall be done in respect of the amount of tax that have to

be borne by the Company

8 Production norms such as

scrap output ndash input ratio

9 Base date for price variation

clause

1

0

Cost (ex-MDL) excluding taxes

amp duties after loading for

variations in financial term

(SR Nos 5 + 6 + 7 + 8 + 9)

C LOADING ON ACCOUNT OF DEVIATIONS IN FOLLOWING COMMERCIAL TERMS

11

Security Deposit Contract

Performance Guarantee Mandatory

12

Equipment Performance

Guarantee Mandatory

13

Additional delivery period

sought over stipulated period as

per Tender

For the additional period sought by the bidder over the stipulated date of

delivery as per tender 050 per week for delayed period will be loaded

to the quoted price if the period under variation does not lead to bid

rejection criteria 14 Additional time sought for

supplying binding data

15 Liquidated damages per week

rate Maximum Ceiling

If bidder seeks less than 5 (Max ceiling) then the difference will be

loaded

The rate of LD per week or part thereof is 05 If bidder seeks say 04

per week or part thereof then Max Ceiling of LD will be equated to

weeks (Say 10 weeks) then LD proposed by bidder works out to 10 X 04

= 4 then 1 will be loaded

16 Warranty Guarantee

Deviations in respect of the period of Warranty shall be loaded to the

quoted price 025 per month or part thereof This does not arise if

the bidder quotes additional price for the differential period

GM(M)MTI2000007617Passivation Station

Page 37 of 45

17

Cost (Ex-MDL) excluding taxes

amp duties after loading for

variations on account of

financial and commercial terms

Sr Nos 10 + 11 + 12 + 13 + 14 + 15 + 16

D LANDED COST

18

Taxes amp Duties

19

Landed Cost Sr Nos 17 + 18

GM(M)MTI2000007617Passivation Station

Page 38 of 45

Annexure-6

LETTER OF CREDIT FORMAT FOR SHIPMENT BY SEA AIR

40A Form of Documentary Credit Type IRREVOCABLE

20 Transaction Reference Number Documentary

Credit Number

31C Date of Issue Date

31D Date and Place of Expiry Date

Place NEGOTIATING BANK

51A Applicant Bank BIC BANKERS OF MDLMUMBAI

50 Applicant Name amp Address MAZAGON DOCK SHIPBUILDERS LTD

DOCKYARD ROAD MAZAGON MUMBAI ndash

400 010

59 Beneficiary Name amp Address

32B Currency Code Amount

Currency

Amount

39A Percentage Credit Amount Tolerance

Tolerance 1

Tolerance 2

41D Available with hellipByhellip Name amp Address

42C Draft at hellip Narrative SIGHTNEGOTIATION

42D Drawee Name amp Address BANKERS OF MDLMUMBAI

43P Partial Shipments Narrative ALLOWEDNOT ALLOWED

43T Transhipment Narrative ALLOWEDNOT ALLOWED

44A Loading on Board Dispatch Narrative AIRPORT SEAPORT (AS PER TENDER

ENQUIRYORDER)

44B For Transportation to Narrative AIRPORT SEAPORT (AS PER TENDER

ENQUIRYORDER)

44C Latest Date of Shipment Date

46A Documents required Narrative (AS PER TENDER ENQUIRY)

47A Additional conditions Narrative 1 ALL DOCUMENTS SHOULD BE MARKED

WITH IEC CODE NO0388070412 LC NO

AND DATE AND IMPORT UNDER NON-

NEGATIVE LIST OF IMPORT EXPORT

POLICY AM

2 DISCREPANT DOCUMENTS TO BE SENT

STRICTLY ON COLLECTION BASIS

71B Details of charges Narrative ALL FOREIGN BANK CHARGES OUTSIDE

INDIA ARE FOR THE BENEFICIARYrsquoS

ACCOUNT

48 Period for presentation

Narrative

WITHIN ----- DAYS FROM THE DATE OF

BILL OF LADING AIRWAY BILL 49 Confirmation instructions

Instruction

WITHOUT

53D Reimbursing Bank

Name amp Address

BANKERS OF MDL WILL SPECIFY

78 Instructions to the Paying Accepting Bank

Narrative

BANKERS OF MDL WILL SPECIFY 72 Sender to Receiver Information

Narrative

BANKERS OF MDL WILL SPECIFY

GM(M)MTI2000007617Passivation Station

Page 39 of 45

Enclosure-7

PROFORMA BANK GUARANTEE FOR BID BOND EMD

(On Non-Judicial stamp paper of value Rs 500-)

IN CONSIDERATION OF MAZAGON DOCK SHIPBUILDERS LIMTED a company incorporated under the Companies Act 1956 and having its registered office at Dockyard Road Mumbai 400010 (hereinafter referred to as

the ldquothe Companyrdquo which expression shall unless it be repugnant or contrary to the subject or context thereof be

deemed to mean and include its successors and assigns) having agreed to accept the Earnest Money Deposit (EMD)

of Rs--------------------------- -------(Rupees-----------------------------only) in the form of Bank Guarantee from Messers

a partnership firmsole proprietor businessa company registered under the Companies Act 1956

having its office at (hereinafter called the tenderer which expression shall unless it be

repugnant or contrary to the subject or context thereof be deemed to mean and include its successors and assigns) for

participating in the Tender nodated (hereinafter called the tender which expression

shall include any amendmentsalterations to the tender issued by the Company) for the supply delivery at site

installation and commissioning of certain equipment itemservicescivil works etc We

Bank having office at (hereinafter referred to as ldquothe Bankrdquo which

expression shall includes its successors and assigns) hereby agree to pay to the Company without any demur on first

demand an amount not exceeding Rs (Rupeesonly) against any loss or damage costs charges and expenses caused to or suffered by the Company by reason of non performance and non-fulfilment or for

any breach on the part of the tenderer of any of the terms and conditions of the said tender

2 We Bank further agree that the Company shall be sole judge whether the said tenderer has

failed to perform or fulfil the said tender in terms thereof or committed breach of any terms and conditions of the

tender the extent of loss damage cost charges and expenses suffered or incurred or would be suffered or incurred by

the Company on account thereof and we waive in the favour of the Company all the rights and defences to which we

as guarantors may be entitled to

3 We Bank further agree that the amount demanded by the Company as such shall be final and

binding on the Bank as to the Bank s liability to pay and the amount demanded and the Bank undertake to pay the

Company the amount so demanded on first demand and without any demur notwithstanding any dispute raised by the

tenderer or any suit or other legal proceedings including arbitration pending before any court tribunal or arbitrator

relating thereto our liability under this guarantee being absolute and unconditional

4 We Bank further agree with the Company that the Company shall have the fullest liberty

without our consent and without affecting in any manner our obligations hereunder to vary any of the terms and

conditions of the said tenderor to extend time of performance by the tenderer from time to time or to postpone for

any time to time any of the powers exercisable by the Company against the tenderer and to forbear to enforce any of

the terms and conditions relating to the tender and we shall not be relieved from our liability by reason of any such

variation or extension being granted to the tenderer or for any forbearance act or omission on the part of the

Company or any indulgence by the Company to the tenderer or by any such matter or things whatsoever which under

the law relating to sureties would have the effect of relieving us

5 We Bank further undertake not to revoke this guarantee during its currency except with

the previous consent of the Company in writing

6 We Bank also agree that the Bankrsquos liability under this guarantee shall not be affected

by any change in the constitution of the tenderer or dissolution or winding up of the business of the tenderer

7 Notwithstanding anything contained herein above

i) Our liability under this guarantee shall not exceed Rs

ii) This Bank Guarantee shall be valid upto and including and

iii) We are liable to pay the guarantee amount or any part thereof under this Bank Guarantee only and only if you

serve upon us a written claim or demand on or before helliphelliphellip (validity + --- weeks from the date of expiry of this

guarantee)

8 This Guarantee shall be governed by Indian laws and the Courts at Mumbai India shall have the exclusive

jurisdiction

GM(M)MTI2000007617Passivation Station

Page 40 of 45

IN WITNESS WHEREOF the Bank has executed this document on this day

of

For Bank

(by its constituted attorney

or the person authorized to sign)

(Signature of a person authorized

to sign on behalf of the Bank)

GM(M)MTI2000007617Passivation Station

Page 41 of 45

Enclosure-8

PROFORMA BANK GUARANTEE FOR SECURITY DEPOSIT (ILLUSTRATIVE FORMAT)

(On Non-Judicial stamp paper of value Rs 500)

IN CONSIDERATION OF MAZAGON DOCK SHIPBUILDERS LIMTED a company incorporated under the

Companies Act 1956 and having its registered office at Dockyard Road Mumbai 400010 (hereinafter referred to as

the ldquothe Purchaserrdquo which expression shall unless it be repugnant or contrary to the subject or context thereof be

deemed to mean and include its successors and assigns) having placed an order on Messers

a partnership firmsole proprietor businessa company registered under the Companies Act 1956

having its office at (hereinafter called the Contractor Supplier which expression shall unless it

be repugnant or contrary to the subject or context thereof be deemed to mean and include its successors and assigns)

vide order No dated (hereinafter called the order which expression shall include any

amendmentsalterations to the order issued by the Purchaser) for the supply delivery at site installation and

commissioning of certain equipment itemservicescivil works etc as stated in the said Order and the Purchaser

having agreed with the ContractorSupplier to accept a Bank Guarantee in lieu of Security Deposit payable under the

said order for the fulfilment and performance of the said order We Bank having

office at (hereinafter referred to as the Bank which expression shall includes its

successors and assigns) hereby agree to pay to the Purchaser without any demur on first demand an amount not

exceeding Rs (Rupeesonly) being 5 of the order value against any loss or damage costs

charges and expenses caused to or suffered by the Purchaser by reason of non performance and non-fulfilment or for

any breach on the part of the Contractor Supplier of any of the terms and conditions of the said order

2 We Bank further agree that the Purchaser shall be sole judge whether the said

contractorSupplier has failed to perform or fulfil the said order in terms thereof or committed breach of any terms

and conditions of the order and the extent of loss damage cost charges and expenses suffered or incurred or would

be suffered or incurred by the Purchaser on account thereof and we waive in the favour

of the Purchaser all the rights and defences to which we as guarantors may be entitled to

3 We Bank further agree that the amount demanded by the Purchaser as such shall be final and

binding on the Bank as to the Bank s liability to pay and the amount demanded and the Bank undertake to pay the

Purchaser the amount so demanded on first demand and without any demur notwithstanding any dispute raised by the

ContractorSupplier or any suit or other legal proceedings including arbitration pending before any court tribunal or

arbitrator relating thereto our liability under this guarantee being absolute and unconditional

4 We Bank further agree with the Purchaser that the Purchaser shall have the fullest liberty

without our consent and without affecting in any manner our obligations hereunder to vary any of the terms and

conditions of the said orderor to extend time of performance by the Supplier from time to time or to

postpone for any time to time any of the powers exercisable by the Purchaser against the Contractor Supplier and to

forbear to enforce any of the terms and conditions relating to the order and we shall not be relieved from our liability

by reason of any such variation or extension being granted to the Contractor Supplier or for any forbearance act or

omission on the part of the Purchaser or any indulgence by the

Purchaser to the ContractorSupplier or by any such matter or things whatsoever which under the law relating to

sureties would have the effect of relieving us

5 We Bank further undertake not to revoke this guarantee during its currency except with

the previous consent of the Purchaser in writing

6 We Bank also agree that the Bankrsquos liability under this guarantee shall not be affected

by any change in the constitution of the Contractor Supplier or dissolution or winding up of the business of the

contractor supplier

7 Notwithstanding anything contained herein above

i) Our liability under this guarantee shall not exceed Rs

ii) This Bank Guarantee shall be valid upto and including and

GM(M)MTI2000007617Passivation Station

Page 42 of 45

iii) We are liable to pay the guarantee amount or any part thereof under this Bank Guarantee only and only if you

serve upon us a written claim or demand on or before helliphelliphelliphellip(validity + ---weeks from the date of expiry of this

guarantee)

8 This Guarantee shall be governed by Indian laws and the Courts at Mumbai India

shall have the exclusive jurisdiction

IN WITNESS WHEREOF the Bank has executed this document on

this day of

For Bank

(by its constituted attorney)

(Signature of a person authorised

to sign on behalf of the Bank)

GM(M)MTI2000007617Passivation Station

Page 43 of 45

Enclosure-9

PROFORMA BANK GUARANTEE FOR PERFORMANCE (ILLUSTRATIVE FORMAT)

(On Non-Judicial stamp paper of value Rs 500-)

IN CONSIDERATION OF MAZAGON DOCK SHIPBUILDERS LIMTED a company incorporated under the

Companies Act 1956 and having its registered office at Dockyard Road Mumbai 400010 (hereinafter referred to as

the ldquothe Purchaserrdquo which expression shall unless it be repugnant or contrary to the subject or context thereof be

deemed to mean and include its successors and assigns) having placed an order on Messers a

partnership firmsole proprietor businessa company registered under the Companies Act 1956 having its Registered

office at (hereinafter called the Contractor Supplier which expression shall unless it be

repugnant or contrary to the subject or context thereof be deemed to mean and include its successors and assigns)

vide order No dated (hereinafter called the order which expression shall include any

amendmentsalterations to the order issued by the Purchaser) for the supply delivery at site installation and

commissioning of certain equipment itemservicescivil works etc as stated in the said Order and the Purchaser

having agreed that the Contractor Supplier shall furnish a security for the performance of the Contractorrsquos

Suppliers obligations andor discharge of the Contractorrsquos Suppliers liability in connection with the said order and

the Purchaser having agreed with the ContractorSupplier to accept a performance guarantee We

Bank having office at (hereinafter referred to as the

Bank which expression shall includes its successors and assigns) hereby agree to pay to the Purchaser without any

demur on first demand an amount not exceeding Rs (Rupeesonly) being 10 of the order

value against any loss or damage costs charges and expenses caused to or suffered by the Purchaser by reason of

non-performance and non-fulfilment or for any breach on the part of the Contractor Supplier of any of the terms and

conditions of the said order

2 We Bank further agree that the Purchaser shall be sole judge whether the said

ContractorSupplier has failed to perform or fulfil the said order in terms thereof or committed breach of any terms

and conditions of the order and the extent of loss damage cost charges and expenses suffered or incurred or would

be suffered or incurred by the Purchaser on account thereof and we waive in the favour of

the Purchaser all the rights and defences to which we as guarantors may be entitled to

3 We Bank further agree that the amount demanded by the Purchaser as such shall be final and

binding on the Bank as to the Bank s liability to pay and the amount demanded and the Bank undertake to pay the

Purchaser the amount so demanded on first demand and without any demur otwithstanding any dispute raised by the

ContractorSupplier or any suit or other legal proceedings including arbitration pending before any court tribunal or

arbitrator relating thereto our liability under this guarantee being absolute and unconditional

4 We Bank further agree with the Purchaser that the Purchaser shall have the fullest liberty

without our consent and without affecting in any manner our obligations hereunder to vary any of the terms and

conditions of the said orderor to extend time of performance by the Supplier from time to time or to postpone for

any time to time any of the powers exercisable by the Purchaser against the Contractor

Supplier and to forbear to enforce any of the terms and conditions relating to the order and we shall not be relieved

from our liability by reason of any such variation or extension being granted to the Contractor Supplier or for any

forbearance act or omission on the part of the Purchaser or any indulgence by the Purchaser to the

ContractorSupplier or by any such matter or things whatsoever which under the law

relating to sureties would have the effect of relieving us

5 We Bank further undertake not to revoke this guarantee during its currency except with

the previous consent of the Purchaser in writing

6 We Bank also agree that the Bankrsquos liability under this guarantee shall not be affected

by any change in the constitution of the Contractor Supplier or

dissolutionhelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

7 Notwithstanding anything contained herein above

i) Our liability under this guarantee shall not exceed Rs

ii) This Bank Guarantee shall be valid upto and including and

GM(M)MTI2000007617Passivation Station

Page 44 of 45

iii) We are liable to pay the guarantee amount or any part thereof under this Bank Guarantee only and only if you

serve upon us a written claim or demand on or before helliphelliphellip (validity + ---weeks from the date of expiry of this

guarantee)

8 This Guarantee shall be governed by Indian laws and the Courts at Mumbai India shall have the exclusive

jurisdiction

IN WITNESS WHEREOF the Bank has executed this document on

this day of

For Bank

(by its constituted attorney)

(Signature of a person authorised

to sign on behalf of the Bank)

GM(M)MTI2000007617Passivation Station

Page 45 of 45

Enclosure-10

Electronic Payment Mandate Form

(MDL Bank details)

Name of the CompanyFirm Mazagon Dock Shipbuilders Limited

Address with Phone no Dockyard Road Mumbai ndash 400010

E-Mail ID

Phone No +91 22 23745310

Fax No

Particulars of Bank Account

Name of the Bank State Bank of India

Name of the Branch Mazagon Dock Mumbai Branch

Branch Code 9054

Bank IFSC NEFT Code SBIN0009054

Bank Address MBPT Workshop building NV Nakhwa Road Mazagon - 400010

City Name Mumbai

Telephone No of Bank +91 22 23752802

9 digit code no of bank amp branch

appearing on the MICR cheque

issued by your bank

400002120

Type of Account Current Account

Account No 10005255246

Income Tax PAN No AAACM8029J

Page 23: Final Tender - Mazagon Dock Shipbuilders...DIVISION-SHIP BUILDING DEPARTMENT-MATERIAL PROCUREMENT Tender no.: GM(M)/MTI/2000007617 for the Engineering, Manufacturing, Supply/Installation,

GM(M)MTI2000007617Passivation Station

Page 23 of 45

the date of commissioning of the machine at MDL

2 List of Service centers amp Setup details to be provided

3 Standard accessories required for making itemequipmentmachine operational amp

ready to use should be included in the scope of supply

4 All defective parts spares can either be repaired or replaced by new parts Spares

replaced will be either of same make or equivalent as suggested by the OEM after

consultation with MDL However the total responsibility of the quality of spares supplied or parts repaired shall be with the Contractor

3 If any defective partitemequipment required to be taken out to the service center by

the firm for the further repairing the firm shall be asked to submit the necessary

indemnity bondBG as required Taking out defective partitemequipment from MDL

and bringing back repaired part item equipment to MDL is in the firmrsquos scope of

work The firm has to bear all the transportation charges amp transit insurance

27 Inspection - (a) Receipt Inspection by MDL- MDL inspection cell amp User dept shall carry out necessary

inspection of the items on receipt in the MDL Yard on the basis of an appropriate MDL

Inspection system requirement along with the representative of user dept amp the Inspection

documents submitted by suppliers Any objection raised by MDL inspection team against

quality of material or workmanship shall be satisfactorily corrected by the supplier at his

expenses including replacement as may be required within shortest possible time within 30

days Items damaged during transit shall also be rectified or replaced by the supplier within

shortest possible time

(b) Rejection of the material Any portion of the equipment found defectiverejected the

supplier shall collect the same at his cost from the MDL Yard all incidental charges being

born by supplier (inclusive of custom duty if payable) within 30 days from the date of

intimation to the supplier of such rejection The MDL reserves the rights to dispose off the

rejected item at the end of a total period of 90 days in any manner to the best advantage to the

MDLamp recover storage charges amp any consequential damages from sale proceeds of such

disposal

(c) Final work completion certificate in respect of completion of entire scope of work will be

certified by MDL user dept

28 Purchase Preference for MSE - NA

29 Risk Purchase amp Cancellation of Order (a) If the equipment article service or any portion thereof be not delivered performed by

the scheduled delivery date period any stoppage or discontinuation of ordered supply

awarded contract without written consent by Purchaser or not meeting the required quality

standards the Purchaser shall be at liberty without prejudice to the right of the Purchaser

to recover Liquidated Damages penalty as provided for in these conditions or to any

other remedy for breach of contract to terminate the contract either wholly or to the extent

of such default Amounts advanced or part thereof corresponding to the undelivered

supply shall be recoverable from the Contractor Bidder at the prevailing bank rate of interest

(b) The Purchaser shall also be at liberty to purchase manufacture or supply from stock as it

deems fit other articles of the same or similar description to make good such default and

or in the event of the contract being terminated the balance of the articles of the

remaining to be delivered there under Any excess over the purchase price cost of

manufacture or value of any articles supplied from the stock as the case may be over the

contract price shall be recoverable from the Bidder Vendor Contractor

(c) The Purchaser reserves the right to cancel an order forthwith without any financial

implications on either side if on completion of 50 of the scheduled deliveryCompletion

period the progress of manufactureSupply is not to the satisfaction of Purchaser and

failure on the part of the BidderVendorContractor to comply with the delivery schedule

is inevitable In such an event the BidderVendorContractor shall repay all the advances

GM(M)MTI2000007617Passivation Station

Page 24 of 45

together with interest at prevailing bank rates from the date of receipt of such advances till

date of repayment The title of any property delivered to Purchaser will be reverted to the

BidderVendorContractor at his cost

(d) In case of breach non-compliance of any of the agreed terms amp conditions of order

contract MDL reserves the right to recover consequential damages from the vendor

contractor on account of such premature termination of contract

(e) In case of delay beyond agreed period for liquidated damages or 10weeks from

contractual delivery period whichever is earlier MDL reserves the right to cancel the

order and procure the order items services from any available source at MDLrsquos option amp

discretion and entirely at your risk and cost Extra expenditure incurred by MDL in doing

will be recoverable from Bidder Supplier Contractor

30 Freak Low Quotes In case after opening of price bid of technically cleared firms it is noted that L-1 firm has quoted very low rates and indicates to withdraw from the tender then EMD shall be

forfeited and firm may be given tender holiday including intimation to other PSUs If the rates

quoted are less than MDL estimates by 40 or so and if the difference in rate between L1 and L2

is 30 or more than the firm will have to give additional BG of 20 of the PO value excluding

GST as additional security Bank charges for this additional BG shall be borne by MDL and

reimbursed against proof of payment

31 Indemnity - The Bidder Vendor Contractor his employees licencees agents or Sub-Vendor

Sub-contractor while on site of the Purchaser for the purpose of this contract indemnifies the

Purchaser against direct damage and or injury to the property and or the person of the Purchaser or

that of Purchasers employees agents Sub- Contractors Suppliers occurring and to the extent

caused by the negligence of the Bidder Vendor Contractor his employees licencees agents or

Sub-contractor by making good such damages to the property or compensating personal injury

and the total liability for such damages or injury shall be as mutually discussed and agreed to

You shall hold harmless and keep MDL indemnified against all claims arising as a result of

infringement of any patent rights on account of manufacture sale or use of article covered by

the order

32 MDL reserves the right to consider placement of Order Contract in part or in full against the

tendered quantity or item MDL reserves the right to place order on FOB or CIF basis

33 MDL shall not be bound by any printed conditions or provisions in the sellers bid forms or

acknowledgement of contract invoices packing list and any other documents which purport to

impose any conditions at variance with the tender terms final negotiated amp accepted terms

34 Bidders can participate in online bidding

a) By registering with above referred portal for User ID and password

b) By obtaining class III DSC (Digital Signature Certificate) for secured bidding

35 In case of improper on-line filling of Acceptance Formats for Tender Enquiry Form General

Terms amp Conditions (GTampC) and Standard Terms amp Conditions (STACS) it shall be

presumed that all our tender terms amp conditions are acceptable to you

36 In case of any clarifications bidders are requested to contact the undersigned before the closing

date of the tender Bidders can also contact toll-free customer help line of e-procurement portal

httpseprocuremdlnicin ASP on email id eproc-supportgovin Ph no 0120-4200462 0120-

4001002

Bidders intending to witness the Tender opening shall log on to httpseprocuremdlnicin

using digital signatures for witnessing the opening

GM(M)MTI2000007617Passivation Station

Page 25 of 45

37 We look forward to your participation in on-line bidding by offering your most competitive

and reasonable bid against this tender

Yours faithfully

For MAZAGON DOCK LIMITED

M Tanweer Iqbal

CM(C-MP)

Enclosure - 1 Instructions to the Bidders

Enclosure - 2 Illustrative format amp guideline for quoting prices in online Price Bid

Enclosure - 3 Standard Terms amp Conditions (STACS)

Enclosure - 4 General Terms amp Conditions (GTampC)

Enclosure - 5 Loading Factors

Enclosure - 6 Format of Letter of Credit

Enclosure 7 Bank Guarantee Format for EMD

Enclosure 8 Bank Guarantee Format for SD

Enclosure 9 Bank Guarantee Format for PBG

Enclosure - 10 MDL bank details for NEFTRTGS EMDSD transfer

Enclosure 11 Shipping Instruction for Sea amp Air Consignments

Note These Enclosuredocuments to be down loaded from our Website under below linkpath-

wwwmazagondockgovin gt Tenders gt Shipbuilding gt ldquoEnclosures Related to Tender Documents from Material

Purchase Deptrdquo

GM(M)MTI2000007617Passivation Station

Page 26 of 45

Enclosure ndash 1

Instructions to the Bidders for uploading the Techno-Commercial Bid and the Price Bid through E-

Procurement Portal

bullbullbullbull Official service provider for the website is NIC

E-mail eproc-supportgovin Office Ph No 0120-4200462 0120-4001002 Ph No +91-8826246593

bullbullbullbull Pre-requisites for up-loading the Techno-Commercial Bid

(i) Compatible computer hardware software set-up to access e-procure website

(ii) ldquoDigital Signature Certificaterdquo class III B (DSC) is a must for downloading the tender and uploading

the techno commercial offer from our website httpseprocuremdlnicin

(iii) ldquoDigital Signature Certificaterdquo class III B (DSC) can be obtained from our service provider

bullbullbullbull To ensure availability of above prerequisite is bidders responsibility

(i) It is mandatory to upload the complete techno-commercial offer and the price bid on e-

procurement

(ii) No part of the bid other than original EMD (if applicable) shall be accepted physically hard copy

outside e-procurement

(iii) Price bids shall strictly be uploaded in appropriate allotted place in the tender available in e-

procurement so that it remains secured encrypted unreadable in the system

(iv) In no circumstances the price bids shall be forwarded or uploaded in any other form

(v) Entire responsibility of the uploading of the complete techno-commercial bid along with the price

bid shall be that of the bidder

(vi) No request complaint shall be entertained after the due datetime of the tender

(vii) Non availability of any of the prerequisites or last minute calls seeking clarifications projecting

problems shall not entitle a bidder to seek request for extension of due date

(viii) Any problem with regard to uploading of the tender shall be intimated to NIC at least 24 hours in

advance to the tender closing time amp date However it will not be considered as reason for extension

of due date of the tender

(ix) Request for extension if at all to be made shall be forwarded at least 3 working days in advance to

the tender closing date time with proper reasoning The request shall be put up to the competent

authority for consideration on the merit of the case MDL reserves all rights in this regard amp decision

of MDL shall be binding to the applicant

It is important to note that the bidders can upload their bids right from the time the tender is available

at website It is advisable that the bidder uploads the bid well in time rather than wait till last minute

to avoid situations wherein he is unable to successfully upload the bid for various reasons which

cannot be addressed then due to lack of time

bullbullbullbull Special instructions to Bidders for online bidding

GM(M)MTI2000007617Passivation Station

Page 27 of 45

(i) Bidders should login well in advance to enable them to complete their bid submission before the

closing time of the tender

(ii) Bidders should submit their bid well in advance to avoid last minute frantic calls

(iii) Bidders should follow all the instructions enlisted on the front page of e-procure web page

(iv) Bidders should ensure Hardware amp Software compatibility as well as Digital Signature available on

front page of e-procure web site Request for extension of due date shall not be entertained due to

non-availability of these tools

bullbullbullbull Bidders to participate in on-line bidding

(i) By registering with above referred portal for User ID and password

(ii) By obtaining class III DSC (Digital Signature Certificate) for secured bidding

NOTE In case any vendor intending to respond against the tender and is not having the DSC to facilitate

uploading of his bid should approach the Service Provider at least 10 working days in advance of the tender

closing date requesting DSC The request so made to the Service Provider should simultaneously be

forwarded to MDL Dealing Officer In case the DSC is not received within 3 to 4 working days the GM (M)

be informed and the DSC if not received from the Service Provider three working days in advance for

suitable extension to tender closing date then only the tender due date shall be considered

GM(M)MTI2000007617Passivation Station

Page 28 of 45

Annexure-2

Illustrative format amp guideline for quoting prices in online Price Bid

Below format of price bid will appear online Indigenous bidders to follow instructions given in each respective

cell while quoting their cost in online price bid -

Item Sr no 1

Material Description As per clause No 1

Quantity As per clause No 1

Set Set

Currency INR USD EURO

For Indian Bidder Basic Unit Rate in INR only

For Foreign Bidder CIF Rate to be entered by the foreign

currency

To be quoted

of CGST+SGST or IGST on Basic rate To be quoted

Installation Commissioning Charges per Unit To be quoted

of CGST+SGST or IGST on Installation Commissioning

Charges To be quoted

Inspection Testing Charges per Unit To be quoted

of CGST+SGST or IGST on Inspection Testing Charges To be quoted

GM(M)MTI2000007617Passivation Station

Page 29 of 45

Enclosure-3

STANDARD TERMS AND CONDITIONS (STACS) 101 The word Purchaser refers to MAZAGON DOCK SHIPBUILDERS LIMITED (MDL) a Company

registered under the Indian Companies Act 1913 and it includes its successors or assignees

102 The word BidderVendorContractor means the person firm Company who undertakes to

manufacture and or supply and or undertake work of any nature assigned by the Purchaser from time to time

and includes its successors or assignees

103 The word Owner means the person or authority with whom MAZAGON DOCK SHIPBUILDERS

LIMITED (Purchaser) has contracted to carry out work in relation to which orders are placed by the

Purchaser on the BidderVendorContractor under this contract for supply or manufacture of certain items

and would include Department of Defence Production Ministry of Defence Government of India the Indian

Navy the Coast Guard and any other specified authority

120 GENERAL 121 Unless otherwise indicated specifically by the bidder contractor in his bid it shall be construed as his

acceptance of all the conditions mentioned in this STACS

200 COMMUNICATION amp LANGUAGE FOR DOCUMENTATION 201 Any letter facsimile message e-mail intimation or notice sent to the BidderVendorContractor at the

last known address mentioned in the offer order shall be deemed to be valid communication for the purpose

of the ordercontract Unless stated otherwise by the purchaser Language for communication amp all

documentation shall be same which the Purchaser has used in the tender enquiry

210 PURCHASERrsquoS PROPERTY 211 All property (such as materials drawings documents etc) issued by the Purchaser or any other

individual or firm on behalf of the Purchaser in connection with the contract shall remain confidential being

the property of the Purchaser and the BidderVendorContractor shall undertake to return all such property so

issued and will be responsible for any or all loss thereof and damage thereto resulting from whatever causes

and shall reimburse the Purchaser the full amount of loss and damage

212 On completion of work in any compartment location of the purchaserrsquos premises the

BidderSupplierContractor must ensure that the place is left in a reasonably clean state and all scrap is

transferred to nearby scrap-bins

220 RISK PURCHASE 221 If the equipment article service or any portion thereof be not delivered performed by the scheduled

delivery date period any stoppage or discontinuation of ordered supply awarded contract without written

consent by Purchaser or not meeting the required quality standards the Purchaser shall be at liberty without

prejudice to the right of the Purchaser to recover Liquidated Damages penalty as provided for in these

conditions or to any other remedy for breach of contract to terminate the contract either wholly or to the

extent of such default Amounts advanced or part thereof corresponding to the undelivered supply shall be

recoverable from the Contractor Bidder at the prevailing bank rate of interest

222 The Purchaser shall also be at liberty to purchase manufacture or supply from stock as it deems fit

other articles of the same or similar description to make good such default and or in the event of the contract

being terminated the balance of the articles of the remaining to be delivered there under Any excess over the

purchase price cost of manufacture or value of any articles supplied from the stock as the case may be over

the contract price shall be recoverable from the Bidder Vendor Contractor

230 RECOVERY ADJUSTMENT PROVISIONS 231 Payment made under one order shall not be assigned or adjusted to any other order except to the extent

agreed upon in writing by the Purchaser During the currency of the contract if any sum of money is payable

by the Bidder Vendor Contractor the same shall be deducted from any sum then due or thereafter may

become due to the Bidder Vendor Contractor under the contract or any other contract with the Purchaser

240 ADDITIONAL BANK GUARANTEE In case after opening of price bid of technically cleared firms it is noted that L-1 firm has quoted very low

rates and indicates to withdraw from the tender then EMD shall be forfeited and firm may be given tender

holiday including intimation to other PSUs If the rates quoted are less than MDL estimates by 40 or so and

if the difference in rate between L1 and L2 is 30 or more then the firm will have to give additional BG of

20 of the PO value as additional security Bank charges for this additional BG shall be borne by MDL and

reimbursed against proof of payment

250 INDEMNIFICATION 251 The Bidder Vendor Contractor his employees licencees agents or Sub-Vendor Sub-contractor

while on site of the Purchaser for the purpose of this contract indemnifies the Purchaser against direct

GM(M)MTI2000007617Passivation Station

Page 30 of 45

damage and or injury to the property and or the person of the Purchaser or that of Purchasers employees

agents Sub- Contractors Suppliers occurring and to the extent caused by the negligence of the Bidder

Vendor Contractor his employees licencees agents or Sub-contractor by making good such damages to the

property or compensating personal injury and the total liability for such damages or injury shall be as

mutually discussed and agreed to

260 TRANSFER OF VENDORS CONTRACTORrsquoS RIGHTS 261 The Bidder Vendor Contractor shall not either wholly or partly sell transfer assign or otherwise

dispose of the rights liabilities and obligations under the contract between him and the Purchaser without

prior consent of the Purchaser in writing

270 SUBCONTRACT amp RIGHT OF PURCHASER 271 The Bidder Vendor Contractor under no circumstances undertake or subcontract any work contract

from or to any other Sub-contractor without prior written approval of the Competent Authority of Purchaser

In the event it is found that such practice has been indulged in the contract is liable to be terminated without

notice and the Bidder Vendor Contractor is debarred all from future tender enquiries work orders

However in no circumstances a contractor is permitted to subcontract any part of the contract to the bidders

who had quoted for the concerned tender

280 PATENT RIGHTS 281 The Bidder Vendor Contractor shall hold harmless and keep the Purchaser indemnified against all

claims arising as a result of infringement of any patent copy rights on account of manufacture sale or use of

articles covered by the order

290 AGENTS AGENCY COMMISSION

291 The seller confirms and declares to the buyer that the seller is the original manufacturer or authorized

distributorstockiest of original manufacturer of the stores referred to in this contract and has not engaged any

individual or firm whether Indian or foreign whatsoever to intercede facilitate or in any way to

recommended to the Buyer or any of its functionaries whether officially or unofficially to the award of the

Contract Purchase order to the Seller nor has any amount been paid promised or intended to be paid to any

such individual or firm in respect of any such intercession facilitation or recommendation The Seller agrees

that if it is established at any time to the satisfaction of the Buyer that the present declaration is in any way

incorrect or if at a later stage it is discovered by the Buyer that the Seller has engaged any such

individualfirm and paid or intended to pay any amount gift reward fees commission or consideration to

such person party firm or institution whether before or after the signing of this Contract Purchase order

the Seller

will be liable to refund that amount to the Buyer

Tender no GM (M)GRA2000007246 Page 16 of 26

The seller will also be debarred from participation in any RFQTender for new projectsprogram with Buyer

for a minimum period of five years

The buyer will also have a right to consider cancellation of the Contract either wholly or in part without any

entitlement or compensation to the Seller who shall in such event be liable to refund all payments made by

the buyer in terms of the Contract along with interest at the rate of 2 per annum above LIBOR (London

Inter Bank Offer Rate) (for foreign vendors) and base rate of SBI plus 2 (for Indian Vendors)

The Buyer will also have the right to recover any such amount from any contracts concluded earlier with

Buyer

300 USE OF UNDUE INFLUENCE CORRUPT PRACTICES

301 The Bidder Supplier Contractor undertakes that he has not given offered or promised to give directly

or indirectly any gift consideration reward commission fees brokerage or inducement to any person in

service of the Purchaser or otherwise in procuring the contract or forbearing to do or for having done or

forborne to do any act in relation to the obtaining or execution of the Contract with the Purchaser for showing

or forbearing to show favour or disfavour to any person in relation to the Contract or any other Contract with

the Purchaser Any breach of the aforesaid undertaking by the Bidder Supplier Contractor or any one

employed by him or acting on his behalf (whether with or without the knowledge of the Bidder Supplier

Contractor) or the commission of any offence by the Bidder Supplier Contractor or any one employed by

him or acting on his behalf as defined in Chapter IX of the Indian Penal Code 1980 or the Prevention of

Corruption Act 1947 or any other Act enacted or the prevention of corruption shall entitle the Purchaser to

cancel the contract and all or any other contracts with the Bidder Contractor Supplier and recover from the

Bidder Supplier Contractor the amount of any loss arising from such cancellation Decision of the

Purchaser or his nominee to the effect that a breach of the undertaking has been committed shall be final and

binding on the Bidder Supplier Contractor

302 The Bidder Supplier Contractor shall not offer or agree to give any person in the employment of

GM(M)MTI2000007617Passivation Station

Page 31 of 45

Purchaser any gift or consideration of any kind as Inducement or reward for doing or forbearing to do or

for having done or forborne to do any act in relation to the obtaining or execution of the contracts Any

breach of the aforesaid condition by the Bidder Supplier Contractor or any one employed by them or

acting on their behalf (whether with or without the knowledge of the Bidder Supplier Contractor) or the

commission of any offence by the Bidder Supplier Contractor or by any one employed by them or acting

on their behalf which shall be punishable under the Indian Penal Code 1980 andor the Prevention of

Corruption by Public Servants shall entitle Purchaser to cancel the contracts and all or any other contracts

and then to recover from the Bidder Supplier Contractor the amounts of any loss arising from such

contracts cancellation including but not limited to imposition of penal damages forfeiture of Security

Deposit encashment of the Bank Guarantee and refund of the amounts paid by the Purchaser

303 In case it is found to the satisfaction of the Purchaser that the Bidder Supplier Contractor has

engaged an Agent or paid commission or influenced any person to obtain the contract as described in clauses

relating to Agents Agency Commission and use of undue Influence the Bidder Supplier Contractor on a

specific request of the Purchaser shall provide necessary information inspection of the relevant financial

document information

310 IMMUNITY OF GOVERNMENT OF INDIA CLAUSE 311 It is expressly understood and agreed by and between Ms (Bidder Supplier Contractor) and

MAZAGON DOCK SHIPBUILDERS LIMITED Dockyard Road Mumbai - 400 010 (MDL) is entering

into this Agreement solely on its own behalf and not on the behalf of any person or entity In particular it is

expressly understood and agreed that the Government of India is not a party to this Agreement and has no

liabilities obligations or rights hereunder It is expressly understood and agreed that MDL is an independent

legal entity with power and authority to enter into contracts solely in its own behalf under the applicable of

Laws of India and general principles of Contract Law The (Bidder Supplier Contractor) expressly agrees

acknowledges and understands that MDL is not an agent representative or delegate of the Government of

India It is further understood and agreed that the Government of India is not and shall not be liable for any

acts omissions and commissions breaches or other wrongs arising out of the contract Accordingly (Bidder

Supplier Contractor) hereby expressly waives releases and foregoes any and all actions or claims including

cross claims impleader claims or counter claims against the Government of India arising out of this contract

and covenants not to sue Government of India in any manner claim cause of action or thing whatsoever

arising of or under this Agreement

320 EXPORT LICENCE 321 The export licenses that may be required for delivery of the various itemsequipment to MDL shall be

arranged by the Bidder Supplier Contractor from the concerned authorities in their country without any

time amp cost implications on the Purchaser

330 BANNED OR DE-LISTED CONTRACTORS VENDORS 331 The Bidder Vendor Contractor declares that they being Proprietors Directors Partners have not

been any time individually or collectively blacklisted or banned or de-listed by any Government or quasi

Government agencies or PSUs If a bidderrsquos entities as stated above have been blacklisted or banned or delisted

by any Government or quasi Government agencies or PSUs this fact must be clearly stated and it may

not necessarily be a cause for disqualifying him

340 DUTY OF PERSONNEL OF SUPPLIERVENDOR 341 MDL being a Defence Organization Bidder Vendor Contractor undertakes that their personnel

deployed in connection with the entrusted work will not indulge in any activities other than the duties

assigned to them

350 DISPUTE RESOLUTION MECHANISM AND ARBITRATION

351 DISPUTE RESOLUTION MECHANISM (DRM) i) Any disputedifferences between the parties arising out of and in connection with the contract shall be

settled amicably by mutual negotiations

ii) In case of non-settlement by (i) above if at any time before during or after the contract period any

unsettled claim dispute or difference arose between the parties upon or in relation to or in connection with

or in any way touching or concerning this tenderagreementordercontract the same shall be referred to the

concerned Functional Director

The Functional Director shall then nominate an Executive of the rank of General Manager whom he thinks fit

and competent or a Committee of Executives whowhich shall then scrutinise the claimsdisputes that have

been referred to the concerned functional Director and make efforts for amicable settlements by mutual

discussionsnegotiations

iii) In case no amicable settlement is arrived by (ii) above within a period of three months then the contractor

shall approach Public Grievance Cell and address the disputes as per the provisions made under the relevant

GM(M)MTI2000007617Passivation Station

Page 32 of 45

clause of the contract

iv) In case the issuesdisputes do not get settled within a period of six months from the date of

submission of the dispute to the Grievance Cell then the contractor may invoke Arbitration Clause of the

contract

352 ARBITRATION Unresolved disputesdifferences if any shall then be settled by arbitration The

Arbitration proceedings shall be conducted at Mumbai India in English Language under the Arbitration amp

Conciliation Act 1996

MDL prefers to have arbitration through Institutes such as Indian Council of Arbitration (ICA)ICA-DR with

the mutual consent of the parties

353 In case of unresolved differencedispute between the Purchaser and Supplier being Central Public

Sector EnterprisesCentral Govt departments the disputes shall be resolved firstly through mutual discussion

or through the empowered agencies of the Govt or through arbitration by reference by either party to the

department of Public Enterprises as per extant guidelines If disputesdifferences remain

unresolvedunexecuted the same shall be referred first to the Cabinet Secretariat and then if necessary to the

PMO

354 Any changes to arbitration clause must be vetted by HOD (Legal) before incorporation in

contractPO

360 JURISDICTION OF COURTS 361 All contracts shall be deemed to have been wholly made in Mumbai and all claims there under are

payable in Mumbai City and it is the distinct condition of the order that no suit or action for the purpose of

enforcing any claim in respect of the order shall be instituted in any Court other than that situated in Mumbai

City Maharashtra State India ie courts in Mumbai shall alone have jurisdiction to decide upon any dispute

arising out of or in respect of the contract

-----------------------

GM(M)MTI2000007617Passivation Station

Page 33 of 45

Enclosure-4

GENERAL TERMS amp CONDITIONS (GTampC)

A10 Blank

A20 SECURITY DEPOSIT A21 The successful bidder shall submit a Security Deposit 5 of the contract order value (excluding

taxes duties freight service component) of the Order in the form of Demand Draft Bank Guarantee in the

prescribed format in favour of Purchaser within 25 days from date of Contract The Security Deposit will be

returned only after the successful execution of the order contract Refund of Security Deposit whenever

considered admissible by the Purchaser shall be without interest only

A30 FORFEITURE OF EMD BID BOND A31 In cases of withdrawal of bid during validity period or during any extension granted thereof non

acceptance of agreed conditions of Technical and or Commercial and or Price Negotiations non-submission

of the security deposit and or non-acceptance of the order the EMD or bid security will be forfeited or

encashed as the case may be

A40 FORFEITURE OF SECURITY DEPOSIT A41 Non-performance of agreed terms and or defaultbreach by BidderVendorContractor will result in

forfeiture of security deposit with application of risk purchase provisions as felt appropriate by the Purchaser

A50 FORFEITURE OF PERFORMANCE GUARANTEE A51 In the event of BidderVendorContractor failure to attend the Guarantee defects within a reasonable

period of time the Performance Bank Guarantee will be encashed by the Purchaser The Purchaserrsquos decision

shall be final and binding on BidderVendorContractor

A60 SUPPLIES A61 The equipment products items Services to be supplied shall be strictly in accordance with the

Drawings Specifications Requirements indicated in the Tender Enquiry Order with deviations if any as

mutually accepted

A70 PROGRESS REPORTING amp MONITORING A71 Where so stipulated in the order the Bidder Supplier Contractor shall render such reports from time

to time as regards the progress of the contract and in such a form as may be called for by the Purchaser

A80 CANCELLATION OF ORDER A81The Purchaser reserves the right to cancel an order forthwith without any financial implications on either

side if on completion of 50 of the scheduled deliveryCompletion period the progress of

manufactureSupply is not to the satisfaction of Purchaser and failure on the part of the

BidderVendorContractor to comply with the delivery schedule is inevitable In such an event the

BidderVendorContractor shall repay all the advances together with interest at prevailing bank rates from the

date of receipt of such advances till date of repayment The title of any property delivered to Purchaser will

be reverted to the BidderVendorContractor at his cost

A82 In case of breach non-compliance of any of the agreed terms amp conditions of order contract MDL

reserves the right to recover consequential damages from the vendor contractor on account of such

premature termination of contract

A83 In case of delay beyond agreed period for liquidated damages or 10weeks from contractual delivery

period whichever is earlier MDL reserves the right to cancel the order and procure the order items services

from any available source at MDLrsquos option amp discretion and entirely at your risk and cost Extra expenditure

incurred by MDL in doing will be recoverable from Bidder Supplier Contractor

A90 PRESERVATION AND MAINTENANCE

A91 Should any material require any preservation till its final installationfitment the detailed procedure

(Long term amp short term) for the same as also the time of interval after which the state of preservation needs

to be reviewed is to be stated by the BidderVendorContractor

A92 Further the de-preservation prior to the materialequipment being commissioned and the maintenance

procedure together with its periodicity is also to be indicated by the Bidder Vendor Contractor

A93 The Bidder Vendor Contractor in their offer must confirm that indigenous oil lubricants and

preservatives etc can be used in the equipment The bidder must also give assurance that the equipment

performance will not be downgraded by use of indigenous equivalents

A100 FREIGHT amp INSURANCE

A101 For Indigenous Bidders In cases where the offers are for Door Delivery to Purchaser transit freight

amp Insurance charges shall be borne by the Bidder Supplier Contractor In other agreed cases of Ex-works

Ex-Transporters warehouse or Railway godown offers the Bidder Supplier Contractor on dispatch shall

give details of materials with dispatch particulars and their value in time to Purchasers Insurance Company

GM(M)MTI2000007617Passivation Station

Page 34 of 45

on the contact details as provided in the order In such agreed cases the freight amp insurance charges will be

paid by the purchaser directly to the parties concerned

A102 For Foreign Bidders For overseas supplies on CIF port of dispatch basis Transit Insurance shall be

arranged by the Purchaser The Bidder Supplier Contractor shall immediately on despatch of the

items inform all relevant details of despatch such as Order number Bill of LadingAWB number

marked as Freight Paid Insurance policydocument number of packages value of consignment

invoice number in time directly to Purchasers Insurance company amp Purchaser on the contact details

as provided in the order In case of delivery term other than CIFCIP the freight amp insurance charges

will be paid by the purchaser directly to the parties concerned

A110 TAXES amp DUTIES STATUTORY LEVIES A111 Taxes and duties applicable if any shall be regularized by MDL by issuing necessary exemption

certificates in respect of procurement for Defence Projects Bidder shall indicate separately the GST and

duties applicable in their offer When the items qualify for exemption partlyfully but the supplier did not

avail of the same the amount of taxes and duties on such supplies shall be to supplierrsquos account In cases

where exemption certificates are not issued for any reason taxes shall be paid as indicated in the Purchase

OrderContract Tax deduction at source will be effected wherever applicable (eg TDS under Income tax

Act TDS on Works Contract under GST Act etc) from the bills of the Supplier as per statutes Similarly

where payment of Custom duty is agreed to and stipulated in the Purchase Order Contract the same will be

paid by the Purchaser on receipt of supplierrsquos bills along with Custom Certified Duty Paid Challan-Money

Receipt in original or carbon copy as relevant These Challans Receipts Bill of Entry are to be drawn issued

in the name of lsquoMAZAGON DOCK SHIPBUILDERS LIMITEDrsquo only Where payment of GST is agreed to

and stipulated in the Purchase Order Contract the same will be paid by the Purchaser on the basis of

Suppliers TAX INVOICE wherein the GST Number along with HSN SAC code is indicated in the Invoice

A120 DEMURRAGE A121 Storage and Demurrage charges will be payable by the Bidder Vendor Contractor for all shipments

that reach purchaser without proper dispatch documentations Lorry Receipts not accompanied by packing

lists invoices etc The Supplier shall be responsible for fines due to errors or omissions in description weight

or measurements and for increased handling charges due to improper packing

A130 INSPECTION TESTING A131The ordered items will be inspected either by Classification Society Nominated Agency and or by

Inspection Officer nominated by Purchaser at stages defined in the tender Purchase Order or as agreed to be

defined subsequently in terms of the Purchase Order

A132 The decision of the Inspecting Authority or their representatives as the case may be on any question

of the intent meaning and the scope of Specifications Standards shall be final conclusive and binding on

the Bidder Vendor Contractor

A133 The Bidder Vendor Contractor shall accord all facilities to Purchasers Inspectors Nominated

Agency to carry out Inspection Testing during course of manufacture final testing

A140 RECEIPT INSPECTION BY MDL A141 MDL shall carry out necessary inspection of the items on receipt on the basis of an appropriate quality

assurance system and inspection system requirements along with representative of the Owner Any objection

raised by MDL Quality Control Team against quality of materials or workmanship shall be satisfactorily

corrected by the Contractor at his expense including replacement as may be required within shortest possible

time within 30 days Items damaged during transit shall also be rectified replaced by the Contractor within

shortest possible time payment for which shall be made at mutually agreed rates

A150 REJECTION OF MATERIALS A151 Should the articles or any portion thereof of the equipment be found defective rejected the Bidder

Vendor Contractor shall collect the same from the Purchasers Stores all incidental charges being borne by

him (inclusive of Custom duty if payable) within 30 days from the date of intimation to the Bidder Vendor

Contractor of such rejection The Purchaser reserves the right to dispose off the rejected items at the end of

a total period of 90 days in any manner to the best advantage to the Purchaser and recover storage charges

and any consequential damages from sale proceeds of such disposal

A160 TECHNOLOGICAL DEVELOPMENTS MODIFICATIONS

A161 The Bidder Supplier Contractor shall unconditionally and free of cost to the Purchaser transfer

information on technological developments innovations modifications which the BidderSupplier

Contractor would evolve in future (within 3 years) in relation to the supplied equipment To enable this the

Purchasers address shall be added to the Bidder Supplier Contractorrsquos mailing list or database or any other

document maintained for dissemination of product information and the Purchaser shall be informed of the

GM(M)MTI2000007617Passivation Station

Page 35 of 45

action taken in this regard If such improvements modifications are brought in by the Bidder Supplier

Contractorrsquos Design Department in the course of manufacture of equipment ordered by the Purchaser the

Bidder Supplier Contractor shall incorporate such improved versions in the equipment without any extra

cost to the Purchaser under Purchaserrsquos prior consent

A162 If the Purchaser be desirous of getting incorporated all post supply modifications improvements

arising out of technological developments to the original equipment supplied by the Bidder Supplier

Contractor the Bidder Supplier Contractor shall quote for and carry out all such modifications to the

equipment

A163 Where the whole or a portion of the equipment has been specifically developed by the Bidder

Supplier Contractor for the Owner and the latter would through the Purchaser be bearing the entire or part

of the development cost incurred by the Bidder Supplier Contractor the design rights for the whole or

portion thereof of the equipment as appropriate shall vest in the Owners

A164 Prior approval of the Owner should be obtained before similar articles are sold supplied to any other

party other than the Owner If such approval is given and sale is effected the Bidder Supplier Contractor

shall pay to the Owner royalty at the rate mutually agreed to

A165 The Sub-contractor Supplier Supplier shall continue to support the equipment for a minimum period

of 20 years from the date of supply by making available spare parts and assemblies of the equipment

supplied Should the Sub-contractor Supplier Supplier decides to discontinue the product for any reason

whatsoever adequate notice shall be given to the Purchaser Owner to enable procurement of the requisite

lifetime spares

A170 PURCHASERrsquoS RIGHT TO ACCEPT ANY BID PART OF BID AND TO REJECT ANY OR

ALL BIDS A171 The Purchaser reserves the right to accept and or reject any or all tenders and or to withdraw the tender

in Toto and or award the contract order in full or part to more than one vendor contractor without

assigning any reason whatsoever and without thereby incurring any liability to the affected Bidder or Bidders

or any obligations to inform the affected Bidder or Bidders of the grounds for MDL action

A180 BANK GUARANTEE INSURANCE COVER FOR FREE ISSUE MATERIAL A181 The Bidder Supplier Contractor shall furnish Bank Guarantee insurance Cover equivalent to the

value of materials supplied by MDL free of cost valid up to the execution of the contract delivery of

material inspected accepted and receipt at MDL together with the material reconciliation statement

whichever is later

A190 BIDDERrsquoS RESPONSE IN CASE OF NO PARTICIPATION A191 The Sub-contractor Supplier Vendor shall inform the Purchaser in advance in case he is unable to

participate in the tender for whatsoever reason Failure to comply with this will be viewed seriously and

consecutive three failures on the part of Sub-contractor Supplier Vendor to do so is liable for

disqualification debarring of the Sub-contractor Supplier Vendor from all future tender enquiries and or

delisting from the list of Approved Registered Vendors

A230 PREFERENCETIAL PURCHASE FROM MSE VENDORS ndash Not Applicable MDL has right to place order on MSE firm meeting following criteria

In tenders if participating MSEs quoted prices are within price band of L1+15 such MSEs shall also be

allowed to supply a portion up to 20 of requirement by bringing down their prices to L1 price where L1 is

non MSEs If more than 1 MSEs fall under such criteria then this 20 shall be distributed proportionally

This preference shall not be applicable where MSE firm is L1 firm out of 20 percent target of annual

procurement from Micro and Small Enterprises a sub-target of 20 percent (ie 4 percent out of 20 percent)

shall be earmarked for procurement from Micro and Small Enterprises owned by the Scheduled Caste or the

Scheduled Tribe Entrepreneurs In respect of items reserved for MSE extant guidelines shall be followed

Presently Circular No SO 581(E) dated 23032012 is applicable

GM(M)MTI2000007617Passivation Station

Page 36 of 45

Annexure-5

LOADING FACTORS A

Sr

No

Description Foreign Supplier

100 import content

Indigenous

Supplier with part

Import content

Indigenous

Supplier without

Import content

1 Basic Price Quoted

CIF

a a Ex Works

b b Delivered to

MDL Stores

a Ex Works

b Delivered to

MDL Stores

2 Add Insurance Charges Nil In case of 1 (a) In case of 1 (a)

3 Add Sea Air Freight charges

Inland Road Transport Nil In case of 1 (a) In case of 1 (a)

4

Customs Clearance Port

Handling Transportation to

Yard

Applicable NIL NIL

5

Cost (ex-MDL) excluding taxes

amp duties without loading

towards any deviations

CIF price +

SrNo4 Sr Nos (1+2+3) Sr Nos (1+2+3)

B LOADINGS DUE TO VARIATIONS IN FINANCIAL TERM

6 Variation in payment Terms

Varied payment terms quoted by bidders as compared to the terms stated

in the tender document shall be normalized on the amount(s) at variation

and or for the period (in no of days) at variation by adopting the Prime

Lending Rate of State Bank India plus 2 thereon incase of indigenous

bidders and LIBOR EURIBOR rates in case of foreign bidders

7

Income tax amp Service Tax on

Technical Services Service

Engineers liability to MDL

Normalization shall be done in respect of the amount of tax that have to

be borne by the Company

8 Production norms such as

scrap output ndash input ratio

9 Base date for price variation

clause

1

0

Cost (ex-MDL) excluding taxes

amp duties after loading for

variations in financial term

(SR Nos 5 + 6 + 7 + 8 + 9)

C LOADING ON ACCOUNT OF DEVIATIONS IN FOLLOWING COMMERCIAL TERMS

11

Security Deposit Contract

Performance Guarantee Mandatory

12

Equipment Performance

Guarantee Mandatory

13

Additional delivery period

sought over stipulated period as

per Tender

For the additional period sought by the bidder over the stipulated date of

delivery as per tender 050 per week for delayed period will be loaded

to the quoted price if the period under variation does not lead to bid

rejection criteria 14 Additional time sought for

supplying binding data

15 Liquidated damages per week

rate Maximum Ceiling

If bidder seeks less than 5 (Max ceiling) then the difference will be

loaded

The rate of LD per week or part thereof is 05 If bidder seeks say 04

per week or part thereof then Max Ceiling of LD will be equated to

weeks (Say 10 weeks) then LD proposed by bidder works out to 10 X 04

= 4 then 1 will be loaded

16 Warranty Guarantee

Deviations in respect of the period of Warranty shall be loaded to the

quoted price 025 per month or part thereof This does not arise if

the bidder quotes additional price for the differential period

GM(M)MTI2000007617Passivation Station

Page 37 of 45

17

Cost (Ex-MDL) excluding taxes

amp duties after loading for

variations on account of

financial and commercial terms

Sr Nos 10 + 11 + 12 + 13 + 14 + 15 + 16

D LANDED COST

18

Taxes amp Duties

19

Landed Cost Sr Nos 17 + 18

GM(M)MTI2000007617Passivation Station

Page 38 of 45

Annexure-6

LETTER OF CREDIT FORMAT FOR SHIPMENT BY SEA AIR

40A Form of Documentary Credit Type IRREVOCABLE

20 Transaction Reference Number Documentary

Credit Number

31C Date of Issue Date

31D Date and Place of Expiry Date

Place NEGOTIATING BANK

51A Applicant Bank BIC BANKERS OF MDLMUMBAI

50 Applicant Name amp Address MAZAGON DOCK SHIPBUILDERS LTD

DOCKYARD ROAD MAZAGON MUMBAI ndash

400 010

59 Beneficiary Name amp Address

32B Currency Code Amount

Currency

Amount

39A Percentage Credit Amount Tolerance

Tolerance 1

Tolerance 2

41D Available with hellipByhellip Name amp Address

42C Draft at hellip Narrative SIGHTNEGOTIATION

42D Drawee Name amp Address BANKERS OF MDLMUMBAI

43P Partial Shipments Narrative ALLOWEDNOT ALLOWED

43T Transhipment Narrative ALLOWEDNOT ALLOWED

44A Loading on Board Dispatch Narrative AIRPORT SEAPORT (AS PER TENDER

ENQUIRYORDER)

44B For Transportation to Narrative AIRPORT SEAPORT (AS PER TENDER

ENQUIRYORDER)

44C Latest Date of Shipment Date

46A Documents required Narrative (AS PER TENDER ENQUIRY)

47A Additional conditions Narrative 1 ALL DOCUMENTS SHOULD BE MARKED

WITH IEC CODE NO0388070412 LC NO

AND DATE AND IMPORT UNDER NON-

NEGATIVE LIST OF IMPORT EXPORT

POLICY AM

2 DISCREPANT DOCUMENTS TO BE SENT

STRICTLY ON COLLECTION BASIS

71B Details of charges Narrative ALL FOREIGN BANK CHARGES OUTSIDE

INDIA ARE FOR THE BENEFICIARYrsquoS

ACCOUNT

48 Period for presentation

Narrative

WITHIN ----- DAYS FROM THE DATE OF

BILL OF LADING AIRWAY BILL 49 Confirmation instructions

Instruction

WITHOUT

53D Reimbursing Bank

Name amp Address

BANKERS OF MDL WILL SPECIFY

78 Instructions to the Paying Accepting Bank

Narrative

BANKERS OF MDL WILL SPECIFY 72 Sender to Receiver Information

Narrative

BANKERS OF MDL WILL SPECIFY

GM(M)MTI2000007617Passivation Station

Page 39 of 45

Enclosure-7

PROFORMA BANK GUARANTEE FOR BID BOND EMD

(On Non-Judicial stamp paper of value Rs 500-)

IN CONSIDERATION OF MAZAGON DOCK SHIPBUILDERS LIMTED a company incorporated under the Companies Act 1956 and having its registered office at Dockyard Road Mumbai 400010 (hereinafter referred to as

the ldquothe Companyrdquo which expression shall unless it be repugnant or contrary to the subject or context thereof be

deemed to mean and include its successors and assigns) having agreed to accept the Earnest Money Deposit (EMD)

of Rs--------------------------- -------(Rupees-----------------------------only) in the form of Bank Guarantee from Messers

a partnership firmsole proprietor businessa company registered under the Companies Act 1956

having its office at (hereinafter called the tenderer which expression shall unless it be

repugnant or contrary to the subject or context thereof be deemed to mean and include its successors and assigns) for

participating in the Tender nodated (hereinafter called the tender which expression

shall include any amendmentsalterations to the tender issued by the Company) for the supply delivery at site

installation and commissioning of certain equipment itemservicescivil works etc We

Bank having office at (hereinafter referred to as ldquothe Bankrdquo which

expression shall includes its successors and assigns) hereby agree to pay to the Company without any demur on first

demand an amount not exceeding Rs (Rupeesonly) against any loss or damage costs charges and expenses caused to or suffered by the Company by reason of non performance and non-fulfilment or for

any breach on the part of the tenderer of any of the terms and conditions of the said tender

2 We Bank further agree that the Company shall be sole judge whether the said tenderer has

failed to perform or fulfil the said tender in terms thereof or committed breach of any terms and conditions of the

tender the extent of loss damage cost charges and expenses suffered or incurred or would be suffered or incurred by

the Company on account thereof and we waive in the favour of the Company all the rights and defences to which we

as guarantors may be entitled to

3 We Bank further agree that the amount demanded by the Company as such shall be final and

binding on the Bank as to the Bank s liability to pay and the amount demanded and the Bank undertake to pay the

Company the amount so demanded on first demand and without any demur notwithstanding any dispute raised by the

tenderer or any suit or other legal proceedings including arbitration pending before any court tribunal or arbitrator

relating thereto our liability under this guarantee being absolute and unconditional

4 We Bank further agree with the Company that the Company shall have the fullest liberty

without our consent and without affecting in any manner our obligations hereunder to vary any of the terms and

conditions of the said tenderor to extend time of performance by the tenderer from time to time or to postpone for

any time to time any of the powers exercisable by the Company against the tenderer and to forbear to enforce any of

the terms and conditions relating to the tender and we shall not be relieved from our liability by reason of any such

variation or extension being granted to the tenderer or for any forbearance act or omission on the part of the

Company or any indulgence by the Company to the tenderer or by any such matter or things whatsoever which under

the law relating to sureties would have the effect of relieving us

5 We Bank further undertake not to revoke this guarantee during its currency except with

the previous consent of the Company in writing

6 We Bank also agree that the Bankrsquos liability under this guarantee shall not be affected

by any change in the constitution of the tenderer or dissolution or winding up of the business of the tenderer

7 Notwithstanding anything contained herein above

i) Our liability under this guarantee shall not exceed Rs

ii) This Bank Guarantee shall be valid upto and including and

iii) We are liable to pay the guarantee amount or any part thereof under this Bank Guarantee only and only if you

serve upon us a written claim or demand on or before helliphelliphellip (validity + --- weeks from the date of expiry of this

guarantee)

8 This Guarantee shall be governed by Indian laws and the Courts at Mumbai India shall have the exclusive

jurisdiction

GM(M)MTI2000007617Passivation Station

Page 40 of 45

IN WITNESS WHEREOF the Bank has executed this document on this day

of

For Bank

(by its constituted attorney

or the person authorized to sign)

(Signature of a person authorized

to sign on behalf of the Bank)

GM(M)MTI2000007617Passivation Station

Page 41 of 45

Enclosure-8

PROFORMA BANK GUARANTEE FOR SECURITY DEPOSIT (ILLUSTRATIVE FORMAT)

(On Non-Judicial stamp paper of value Rs 500)

IN CONSIDERATION OF MAZAGON DOCK SHIPBUILDERS LIMTED a company incorporated under the

Companies Act 1956 and having its registered office at Dockyard Road Mumbai 400010 (hereinafter referred to as

the ldquothe Purchaserrdquo which expression shall unless it be repugnant or contrary to the subject or context thereof be

deemed to mean and include its successors and assigns) having placed an order on Messers

a partnership firmsole proprietor businessa company registered under the Companies Act 1956

having its office at (hereinafter called the Contractor Supplier which expression shall unless it

be repugnant or contrary to the subject or context thereof be deemed to mean and include its successors and assigns)

vide order No dated (hereinafter called the order which expression shall include any

amendmentsalterations to the order issued by the Purchaser) for the supply delivery at site installation and

commissioning of certain equipment itemservicescivil works etc as stated in the said Order and the Purchaser

having agreed with the ContractorSupplier to accept a Bank Guarantee in lieu of Security Deposit payable under the

said order for the fulfilment and performance of the said order We Bank having

office at (hereinafter referred to as the Bank which expression shall includes its

successors and assigns) hereby agree to pay to the Purchaser without any demur on first demand an amount not

exceeding Rs (Rupeesonly) being 5 of the order value against any loss or damage costs

charges and expenses caused to or suffered by the Purchaser by reason of non performance and non-fulfilment or for

any breach on the part of the Contractor Supplier of any of the terms and conditions of the said order

2 We Bank further agree that the Purchaser shall be sole judge whether the said

contractorSupplier has failed to perform or fulfil the said order in terms thereof or committed breach of any terms

and conditions of the order and the extent of loss damage cost charges and expenses suffered or incurred or would

be suffered or incurred by the Purchaser on account thereof and we waive in the favour

of the Purchaser all the rights and defences to which we as guarantors may be entitled to

3 We Bank further agree that the amount demanded by the Purchaser as such shall be final and

binding on the Bank as to the Bank s liability to pay and the amount demanded and the Bank undertake to pay the

Purchaser the amount so demanded on first demand and without any demur notwithstanding any dispute raised by the

ContractorSupplier or any suit or other legal proceedings including arbitration pending before any court tribunal or

arbitrator relating thereto our liability under this guarantee being absolute and unconditional

4 We Bank further agree with the Purchaser that the Purchaser shall have the fullest liberty

without our consent and without affecting in any manner our obligations hereunder to vary any of the terms and

conditions of the said orderor to extend time of performance by the Supplier from time to time or to

postpone for any time to time any of the powers exercisable by the Purchaser against the Contractor Supplier and to

forbear to enforce any of the terms and conditions relating to the order and we shall not be relieved from our liability

by reason of any such variation or extension being granted to the Contractor Supplier or for any forbearance act or

omission on the part of the Purchaser or any indulgence by the

Purchaser to the ContractorSupplier or by any such matter or things whatsoever which under the law relating to

sureties would have the effect of relieving us

5 We Bank further undertake not to revoke this guarantee during its currency except with

the previous consent of the Purchaser in writing

6 We Bank also agree that the Bankrsquos liability under this guarantee shall not be affected

by any change in the constitution of the Contractor Supplier or dissolution or winding up of the business of the

contractor supplier

7 Notwithstanding anything contained herein above

i) Our liability under this guarantee shall not exceed Rs

ii) This Bank Guarantee shall be valid upto and including and

GM(M)MTI2000007617Passivation Station

Page 42 of 45

iii) We are liable to pay the guarantee amount or any part thereof under this Bank Guarantee only and only if you

serve upon us a written claim or demand on or before helliphelliphelliphellip(validity + ---weeks from the date of expiry of this

guarantee)

8 This Guarantee shall be governed by Indian laws and the Courts at Mumbai India

shall have the exclusive jurisdiction

IN WITNESS WHEREOF the Bank has executed this document on

this day of

For Bank

(by its constituted attorney)

(Signature of a person authorised

to sign on behalf of the Bank)

GM(M)MTI2000007617Passivation Station

Page 43 of 45

Enclosure-9

PROFORMA BANK GUARANTEE FOR PERFORMANCE (ILLUSTRATIVE FORMAT)

(On Non-Judicial stamp paper of value Rs 500-)

IN CONSIDERATION OF MAZAGON DOCK SHIPBUILDERS LIMTED a company incorporated under the

Companies Act 1956 and having its registered office at Dockyard Road Mumbai 400010 (hereinafter referred to as

the ldquothe Purchaserrdquo which expression shall unless it be repugnant or contrary to the subject or context thereof be

deemed to mean and include its successors and assigns) having placed an order on Messers a

partnership firmsole proprietor businessa company registered under the Companies Act 1956 having its Registered

office at (hereinafter called the Contractor Supplier which expression shall unless it be

repugnant or contrary to the subject or context thereof be deemed to mean and include its successors and assigns)

vide order No dated (hereinafter called the order which expression shall include any

amendmentsalterations to the order issued by the Purchaser) for the supply delivery at site installation and

commissioning of certain equipment itemservicescivil works etc as stated in the said Order and the Purchaser

having agreed that the Contractor Supplier shall furnish a security for the performance of the Contractorrsquos

Suppliers obligations andor discharge of the Contractorrsquos Suppliers liability in connection with the said order and

the Purchaser having agreed with the ContractorSupplier to accept a performance guarantee We

Bank having office at (hereinafter referred to as the

Bank which expression shall includes its successors and assigns) hereby agree to pay to the Purchaser without any

demur on first demand an amount not exceeding Rs (Rupeesonly) being 10 of the order

value against any loss or damage costs charges and expenses caused to or suffered by the Purchaser by reason of

non-performance and non-fulfilment or for any breach on the part of the Contractor Supplier of any of the terms and

conditions of the said order

2 We Bank further agree that the Purchaser shall be sole judge whether the said

ContractorSupplier has failed to perform or fulfil the said order in terms thereof or committed breach of any terms

and conditions of the order and the extent of loss damage cost charges and expenses suffered or incurred or would

be suffered or incurred by the Purchaser on account thereof and we waive in the favour of

the Purchaser all the rights and defences to which we as guarantors may be entitled to

3 We Bank further agree that the amount demanded by the Purchaser as such shall be final and

binding on the Bank as to the Bank s liability to pay and the amount demanded and the Bank undertake to pay the

Purchaser the amount so demanded on first demand and without any demur otwithstanding any dispute raised by the

ContractorSupplier or any suit or other legal proceedings including arbitration pending before any court tribunal or

arbitrator relating thereto our liability under this guarantee being absolute and unconditional

4 We Bank further agree with the Purchaser that the Purchaser shall have the fullest liberty

without our consent and without affecting in any manner our obligations hereunder to vary any of the terms and

conditions of the said orderor to extend time of performance by the Supplier from time to time or to postpone for

any time to time any of the powers exercisable by the Purchaser against the Contractor

Supplier and to forbear to enforce any of the terms and conditions relating to the order and we shall not be relieved

from our liability by reason of any such variation or extension being granted to the Contractor Supplier or for any

forbearance act or omission on the part of the Purchaser or any indulgence by the Purchaser to the

ContractorSupplier or by any such matter or things whatsoever which under the law

relating to sureties would have the effect of relieving us

5 We Bank further undertake not to revoke this guarantee during its currency except with

the previous consent of the Purchaser in writing

6 We Bank also agree that the Bankrsquos liability under this guarantee shall not be affected

by any change in the constitution of the Contractor Supplier or

dissolutionhelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

7 Notwithstanding anything contained herein above

i) Our liability under this guarantee shall not exceed Rs

ii) This Bank Guarantee shall be valid upto and including and

GM(M)MTI2000007617Passivation Station

Page 44 of 45

iii) We are liable to pay the guarantee amount or any part thereof under this Bank Guarantee only and only if you

serve upon us a written claim or demand on or before helliphelliphellip (validity + ---weeks from the date of expiry of this

guarantee)

8 This Guarantee shall be governed by Indian laws and the Courts at Mumbai India shall have the exclusive

jurisdiction

IN WITNESS WHEREOF the Bank has executed this document on

this day of

For Bank

(by its constituted attorney)

(Signature of a person authorised

to sign on behalf of the Bank)

GM(M)MTI2000007617Passivation Station

Page 45 of 45

Enclosure-10

Electronic Payment Mandate Form

(MDL Bank details)

Name of the CompanyFirm Mazagon Dock Shipbuilders Limited

Address with Phone no Dockyard Road Mumbai ndash 400010

E-Mail ID

Phone No +91 22 23745310

Fax No

Particulars of Bank Account

Name of the Bank State Bank of India

Name of the Branch Mazagon Dock Mumbai Branch

Branch Code 9054

Bank IFSC NEFT Code SBIN0009054

Bank Address MBPT Workshop building NV Nakhwa Road Mazagon - 400010

City Name Mumbai

Telephone No of Bank +91 22 23752802

9 digit code no of bank amp branch

appearing on the MICR cheque

issued by your bank

400002120

Type of Account Current Account

Account No 10005255246

Income Tax PAN No AAACM8029J

Page 24: Final Tender - Mazagon Dock Shipbuilders...DIVISION-SHIP BUILDING DEPARTMENT-MATERIAL PROCUREMENT Tender no.: GM(M)/MTI/2000007617 for the Engineering, Manufacturing, Supply/Installation,

GM(M)MTI2000007617Passivation Station

Page 24 of 45

together with interest at prevailing bank rates from the date of receipt of such advances till

date of repayment The title of any property delivered to Purchaser will be reverted to the

BidderVendorContractor at his cost

(d) In case of breach non-compliance of any of the agreed terms amp conditions of order

contract MDL reserves the right to recover consequential damages from the vendor

contractor on account of such premature termination of contract

(e) In case of delay beyond agreed period for liquidated damages or 10weeks from

contractual delivery period whichever is earlier MDL reserves the right to cancel the

order and procure the order items services from any available source at MDLrsquos option amp

discretion and entirely at your risk and cost Extra expenditure incurred by MDL in doing

will be recoverable from Bidder Supplier Contractor

30 Freak Low Quotes In case after opening of price bid of technically cleared firms it is noted that L-1 firm has quoted very low rates and indicates to withdraw from the tender then EMD shall be

forfeited and firm may be given tender holiday including intimation to other PSUs If the rates

quoted are less than MDL estimates by 40 or so and if the difference in rate between L1 and L2

is 30 or more than the firm will have to give additional BG of 20 of the PO value excluding

GST as additional security Bank charges for this additional BG shall be borne by MDL and

reimbursed against proof of payment

31 Indemnity - The Bidder Vendor Contractor his employees licencees agents or Sub-Vendor

Sub-contractor while on site of the Purchaser for the purpose of this contract indemnifies the

Purchaser against direct damage and or injury to the property and or the person of the Purchaser or

that of Purchasers employees agents Sub- Contractors Suppliers occurring and to the extent

caused by the negligence of the Bidder Vendor Contractor his employees licencees agents or

Sub-contractor by making good such damages to the property or compensating personal injury

and the total liability for such damages or injury shall be as mutually discussed and agreed to

You shall hold harmless and keep MDL indemnified against all claims arising as a result of

infringement of any patent rights on account of manufacture sale or use of article covered by

the order

32 MDL reserves the right to consider placement of Order Contract in part or in full against the

tendered quantity or item MDL reserves the right to place order on FOB or CIF basis

33 MDL shall not be bound by any printed conditions or provisions in the sellers bid forms or

acknowledgement of contract invoices packing list and any other documents which purport to

impose any conditions at variance with the tender terms final negotiated amp accepted terms

34 Bidders can participate in online bidding

a) By registering with above referred portal for User ID and password

b) By obtaining class III DSC (Digital Signature Certificate) for secured bidding

35 In case of improper on-line filling of Acceptance Formats for Tender Enquiry Form General

Terms amp Conditions (GTampC) and Standard Terms amp Conditions (STACS) it shall be

presumed that all our tender terms amp conditions are acceptable to you

36 In case of any clarifications bidders are requested to contact the undersigned before the closing

date of the tender Bidders can also contact toll-free customer help line of e-procurement portal

httpseprocuremdlnicin ASP on email id eproc-supportgovin Ph no 0120-4200462 0120-

4001002

Bidders intending to witness the Tender opening shall log on to httpseprocuremdlnicin

using digital signatures for witnessing the opening

GM(M)MTI2000007617Passivation Station

Page 25 of 45

37 We look forward to your participation in on-line bidding by offering your most competitive

and reasonable bid against this tender

Yours faithfully

For MAZAGON DOCK LIMITED

M Tanweer Iqbal

CM(C-MP)

Enclosure - 1 Instructions to the Bidders

Enclosure - 2 Illustrative format amp guideline for quoting prices in online Price Bid

Enclosure - 3 Standard Terms amp Conditions (STACS)

Enclosure - 4 General Terms amp Conditions (GTampC)

Enclosure - 5 Loading Factors

Enclosure - 6 Format of Letter of Credit

Enclosure 7 Bank Guarantee Format for EMD

Enclosure 8 Bank Guarantee Format for SD

Enclosure 9 Bank Guarantee Format for PBG

Enclosure - 10 MDL bank details for NEFTRTGS EMDSD transfer

Enclosure 11 Shipping Instruction for Sea amp Air Consignments

Note These Enclosuredocuments to be down loaded from our Website under below linkpath-

wwwmazagondockgovin gt Tenders gt Shipbuilding gt ldquoEnclosures Related to Tender Documents from Material

Purchase Deptrdquo

GM(M)MTI2000007617Passivation Station

Page 26 of 45

Enclosure ndash 1

Instructions to the Bidders for uploading the Techno-Commercial Bid and the Price Bid through E-

Procurement Portal

bullbullbullbull Official service provider for the website is NIC

E-mail eproc-supportgovin Office Ph No 0120-4200462 0120-4001002 Ph No +91-8826246593

bullbullbullbull Pre-requisites for up-loading the Techno-Commercial Bid

(i) Compatible computer hardware software set-up to access e-procure website

(ii) ldquoDigital Signature Certificaterdquo class III B (DSC) is a must for downloading the tender and uploading

the techno commercial offer from our website httpseprocuremdlnicin

(iii) ldquoDigital Signature Certificaterdquo class III B (DSC) can be obtained from our service provider

bullbullbullbull To ensure availability of above prerequisite is bidders responsibility

(i) It is mandatory to upload the complete techno-commercial offer and the price bid on e-

procurement

(ii) No part of the bid other than original EMD (if applicable) shall be accepted physically hard copy

outside e-procurement

(iii) Price bids shall strictly be uploaded in appropriate allotted place in the tender available in e-

procurement so that it remains secured encrypted unreadable in the system

(iv) In no circumstances the price bids shall be forwarded or uploaded in any other form

(v) Entire responsibility of the uploading of the complete techno-commercial bid along with the price

bid shall be that of the bidder

(vi) No request complaint shall be entertained after the due datetime of the tender

(vii) Non availability of any of the prerequisites or last minute calls seeking clarifications projecting

problems shall not entitle a bidder to seek request for extension of due date

(viii) Any problem with regard to uploading of the tender shall be intimated to NIC at least 24 hours in

advance to the tender closing time amp date However it will not be considered as reason for extension

of due date of the tender

(ix) Request for extension if at all to be made shall be forwarded at least 3 working days in advance to

the tender closing date time with proper reasoning The request shall be put up to the competent

authority for consideration on the merit of the case MDL reserves all rights in this regard amp decision

of MDL shall be binding to the applicant

It is important to note that the bidders can upload their bids right from the time the tender is available

at website It is advisable that the bidder uploads the bid well in time rather than wait till last minute

to avoid situations wherein he is unable to successfully upload the bid for various reasons which

cannot be addressed then due to lack of time

bullbullbullbull Special instructions to Bidders for online bidding

GM(M)MTI2000007617Passivation Station

Page 27 of 45

(i) Bidders should login well in advance to enable them to complete their bid submission before the

closing time of the tender

(ii) Bidders should submit their bid well in advance to avoid last minute frantic calls

(iii) Bidders should follow all the instructions enlisted on the front page of e-procure web page

(iv) Bidders should ensure Hardware amp Software compatibility as well as Digital Signature available on

front page of e-procure web site Request for extension of due date shall not be entertained due to

non-availability of these tools

bullbullbullbull Bidders to participate in on-line bidding

(i) By registering with above referred portal for User ID and password

(ii) By obtaining class III DSC (Digital Signature Certificate) for secured bidding

NOTE In case any vendor intending to respond against the tender and is not having the DSC to facilitate

uploading of his bid should approach the Service Provider at least 10 working days in advance of the tender

closing date requesting DSC The request so made to the Service Provider should simultaneously be

forwarded to MDL Dealing Officer In case the DSC is not received within 3 to 4 working days the GM (M)

be informed and the DSC if not received from the Service Provider three working days in advance for

suitable extension to tender closing date then only the tender due date shall be considered

GM(M)MTI2000007617Passivation Station

Page 28 of 45

Annexure-2

Illustrative format amp guideline for quoting prices in online Price Bid

Below format of price bid will appear online Indigenous bidders to follow instructions given in each respective

cell while quoting their cost in online price bid -

Item Sr no 1

Material Description As per clause No 1

Quantity As per clause No 1

Set Set

Currency INR USD EURO

For Indian Bidder Basic Unit Rate in INR only

For Foreign Bidder CIF Rate to be entered by the foreign

currency

To be quoted

of CGST+SGST or IGST on Basic rate To be quoted

Installation Commissioning Charges per Unit To be quoted

of CGST+SGST or IGST on Installation Commissioning

Charges To be quoted

Inspection Testing Charges per Unit To be quoted

of CGST+SGST or IGST on Inspection Testing Charges To be quoted

GM(M)MTI2000007617Passivation Station

Page 29 of 45

Enclosure-3

STANDARD TERMS AND CONDITIONS (STACS) 101 The word Purchaser refers to MAZAGON DOCK SHIPBUILDERS LIMITED (MDL) a Company

registered under the Indian Companies Act 1913 and it includes its successors or assignees

102 The word BidderVendorContractor means the person firm Company who undertakes to

manufacture and or supply and or undertake work of any nature assigned by the Purchaser from time to time

and includes its successors or assignees

103 The word Owner means the person or authority with whom MAZAGON DOCK SHIPBUILDERS

LIMITED (Purchaser) has contracted to carry out work in relation to which orders are placed by the

Purchaser on the BidderVendorContractor under this contract for supply or manufacture of certain items

and would include Department of Defence Production Ministry of Defence Government of India the Indian

Navy the Coast Guard and any other specified authority

120 GENERAL 121 Unless otherwise indicated specifically by the bidder contractor in his bid it shall be construed as his

acceptance of all the conditions mentioned in this STACS

200 COMMUNICATION amp LANGUAGE FOR DOCUMENTATION 201 Any letter facsimile message e-mail intimation or notice sent to the BidderVendorContractor at the

last known address mentioned in the offer order shall be deemed to be valid communication for the purpose

of the ordercontract Unless stated otherwise by the purchaser Language for communication amp all

documentation shall be same which the Purchaser has used in the tender enquiry

210 PURCHASERrsquoS PROPERTY 211 All property (such as materials drawings documents etc) issued by the Purchaser or any other

individual or firm on behalf of the Purchaser in connection with the contract shall remain confidential being

the property of the Purchaser and the BidderVendorContractor shall undertake to return all such property so

issued and will be responsible for any or all loss thereof and damage thereto resulting from whatever causes

and shall reimburse the Purchaser the full amount of loss and damage

212 On completion of work in any compartment location of the purchaserrsquos premises the

BidderSupplierContractor must ensure that the place is left in a reasonably clean state and all scrap is

transferred to nearby scrap-bins

220 RISK PURCHASE 221 If the equipment article service or any portion thereof be not delivered performed by the scheduled

delivery date period any stoppage or discontinuation of ordered supply awarded contract without written

consent by Purchaser or not meeting the required quality standards the Purchaser shall be at liberty without

prejudice to the right of the Purchaser to recover Liquidated Damages penalty as provided for in these

conditions or to any other remedy for breach of contract to terminate the contract either wholly or to the

extent of such default Amounts advanced or part thereof corresponding to the undelivered supply shall be

recoverable from the Contractor Bidder at the prevailing bank rate of interest

222 The Purchaser shall also be at liberty to purchase manufacture or supply from stock as it deems fit

other articles of the same or similar description to make good such default and or in the event of the contract

being terminated the balance of the articles of the remaining to be delivered there under Any excess over the

purchase price cost of manufacture or value of any articles supplied from the stock as the case may be over

the contract price shall be recoverable from the Bidder Vendor Contractor

230 RECOVERY ADJUSTMENT PROVISIONS 231 Payment made under one order shall not be assigned or adjusted to any other order except to the extent

agreed upon in writing by the Purchaser During the currency of the contract if any sum of money is payable

by the Bidder Vendor Contractor the same shall be deducted from any sum then due or thereafter may

become due to the Bidder Vendor Contractor under the contract or any other contract with the Purchaser

240 ADDITIONAL BANK GUARANTEE In case after opening of price bid of technically cleared firms it is noted that L-1 firm has quoted very low

rates and indicates to withdraw from the tender then EMD shall be forfeited and firm may be given tender

holiday including intimation to other PSUs If the rates quoted are less than MDL estimates by 40 or so and

if the difference in rate between L1 and L2 is 30 or more then the firm will have to give additional BG of

20 of the PO value as additional security Bank charges for this additional BG shall be borne by MDL and

reimbursed against proof of payment

250 INDEMNIFICATION 251 The Bidder Vendor Contractor his employees licencees agents or Sub-Vendor Sub-contractor

while on site of the Purchaser for the purpose of this contract indemnifies the Purchaser against direct

GM(M)MTI2000007617Passivation Station

Page 30 of 45

damage and or injury to the property and or the person of the Purchaser or that of Purchasers employees

agents Sub- Contractors Suppliers occurring and to the extent caused by the negligence of the Bidder

Vendor Contractor his employees licencees agents or Sub-contractor by making good such damages to the

property or compensating personal injury and the total liability for such damages or injury shall be as

mutually discussed and agreed to

260 TRANSFER OF VENDORS CONTRACTORrsquoS RIGHTS 261 The Bidder Vendor Contractor shall not either wholly or partly sell transfer assign or otherwise

dispose of the rights liabilities and obligations under the contract between him and the Purchaser without

prior consent of the Purchaser in writing

270 SUBCONTRACT amp RIGHT OF PURCHASER 271 The Bidder Vendor Contractor under no circumstances undertake or subcontract any work contract

from or to any other Sub-contractor without prior written approval of the Competent Authority of Purchaser

In the event it is found that such practice has been indulged in the contract is liable to be terminated without

notice and the Bidder Vendor Contractor is debarred all from future tender enquiries work orders

However in no circumstances a contractor is permitted to subcontract any part of the contract to the bidders

who had quoted for the concerned tender

280 PATENT RIGHTS 281 The Bidder Vendor Contractor shall hold harmless and keep the Purchaser indemnified against all

claims arising as a result of infringement of any patent copy rights on account of manufacture sale or use of

articles covered by the order

290 AGENTS AGENCY COMMISSION

291 The seller confirms and declares to the buyer that the seller is the original manufacturer or authorized

distributorstockiest of original manufacturer of the stores referred to in this contract and has not engaged any

individual or firm whether Indian or foreign whatsoever to intercede facilitate or in any way to

recommended to the Buyer or any of its functionaries whether officially or unofficially to the award of the

Contract Purchase order to the Seller nor has any amount been paid promised or intended to be paid to any

such individual or firm in respect of any such intercession facilitation or recommendation The Seller agrees

that if it is established at any time to the satisfaction of the Buyer that the present declaration is in any way

incorrect or if at a later stage it is discovered by the Buyer that the Seller has engaged any such

individualfirm and paid or intended to pay any amount gift reward fees commission or consideration to

such person party firm or institution whether before or after the signing of this Contract Purchase order

the Seller

will be liable to refund that amount to the Buyer

Tender no GM (M)GRA2000007246 Page 16 of 26

The seller will also be debarred from participation in any RFQTender for new projectsprogram with Buyer

for a minimum period of five years

The buyer will also have a right to consider cancellation of the Contract either wholly or in part without any

entitlement or compensation to the Seller who shall in such event be liable to refund all payments made by

the buyer in terms of the Contract along with interest at the rate of 2 per annum above LIBOR (London

Inter Bank Offer Rate) (for foreign vendors) and base rate of SBI plus 2 (for Indian Vendors)

The Buyer will also have the right to recover any such amount from any contracts concluded earlier with

Buyer

300 USE OF UNDUE INFLUENCE CORRUPT PRACTICES

301 The Bidder Supplier Contractor undertakes that he has not given offered or promised to give directly

or indirectly any gift consideration reward commission fees brokerage or inducement to any person in

service of the Purchaser or otherwise in procuring the contract or forbearing to do or for having done or

forborne to do any act in relation to the obtaining or execution of the Contract with the Purchaser for showing

or forbearing to show favour or disfavour to any person in relation to the Contract or any other Contract with

the Purchaser Any breach of the aforesaid undertaking by the Bidder Supplier Contractor or any one

employed by him or acting on his behalf (whether with or without the knowledge of the Bidder Supplier

Contractor) or the commission of any offence by the Bidder Supplier Contractor or any one employed by

him or acting on his behalf as defined in Chapter IX of the Indian Penal Code 1980 or the Prevention of

Corruption Act 1947 or any other Act enacted or the prevention of corruption shall entitle the Purchaser to

cancel the contract and all or any other contracts with the Bidder Contractor Supplier and recover from the

Bidder Supplier Contractor the amount of any loss arising from such cancellation Decision of the

Purchaser or his nominee to the effect that a breach of the undertaking has been committed shall be final and

binding on the Bidder Supplier Contractor

302 The Bidder Supplier Contractor shall not offer or agree to give any person in the employment of

GM(M)MTI2000007617Passivation Station

Page 31 of 45

Purchaser any gift or consideration of any kind as Inducement or reward for doing or forbearing to do or

for having done or forborne to do any act in relation to the obtaining or execution of the contracts Any

breach of the aforesaid condition by the Bidder Supplier Contractor or any one employed by them or

acting on their behalf (whether with or without the knowledge of the Bidder Supplier Contractor) or the

commission of any offence by the Bidder Supplier Contractor or by any one employed by them or acting

on their behalf which shall be punishable under the Indian Penal Code 1980 andor the Prevention of

Corruption by Public Servants shall entitle Purchaser to cancel the contracts and all or any other contracts

and then to recover from the Bidder Supplier Contractor the amounts of any loss arising from such

contracts cancellation including but not limited to imposition of penal damages forfeiture of Security

Deposit encashment of the Bank Guarantee and refund of the amounts paid by the Purchaser

303 In case it is found to the satisfaction of the Purchaser that the Bidder Supplier Contractor has

engaged an Agent or paid commission or influenced any person to obtain the contract as described in clauses

relating to Agents Agency Commission and use of undue Influence the Bidder Supplier Contractor on a

specific request of the Purchaser shall provide necessary information inspection of the relevant financial

document information

310 IMMUNITY OF GOVERNMENT OF INDIA CLAUSE 311 It is expressly understood and agreed by and between Ms (Bidder Supplier Contractor) and

MAZAGON DOCK SHIPBUILDERS LIMITED Dockyard Road Mumbai - 400 010 (MDL) is entering

into this Agreement solely on its own behalf and not on the behalf of any person or entity In particular it is

expressly understood and agreed that the Government of India is not a party to this Agreement and has no

liabilities obligations or rights hereunder It is expressly understood and agreed that MDL is an independent

legal entity with power and authority to enter into contracts solely in its own behalf under the applicable of

Laws of India and general principles of Contract Law The (Bidder Supplier Contractor) expressly agrees

acknowledges and understands that MDL is not an agent representative or delegate of the Government of

India It is further understood and agreed that the Government of India is not and shall not be liable for any

acts omissions and commissions breaches or other wrongs arising out of the contract Accordingly (Bidder

Supplier Contractor) hereby expressly waives releases and foregoes any and all actions or claims including

cross claims impleader claims or counter claims against the Government of India arising out of this contract

and covenants not to sue Government of India in any manner claim cause of action or thing whatsoever

arising of or under this Agreement

320 EXPORT LICENCE 321 The export licenses that may be required for delivery of the various itemsequipment to MDL shall be

arranged by the Bidder Supplier Contractor from the concerned authorities in their country without any

time amp cost implications on the Purchaser

330 BANNED OR DE-LISTED CONTRACTORS VENDORS 331 The Bidder Vendor Contractor declares that they being Proprietors Directors Partners have not

been any time individually or collectively blacklisted or banned or de-listed by any Government or quasi

Government agencies or PSUs If a bidderrsquos entities as stated above have been blacklisted or banned or delisted

by any Government or quasi Government agencies or PSUs this fact must be clearly stated and it may

not necessarily be a cause for disqualifying him

340 DUTY OF PERSONNEL OF SUPPLIERVENDOR 341 MDL being a Defence Organization Bidder Vendor Contractor undertakes that their personnel

deployed in connection with the entrusted work will not indulge in any activities other than the duties

assigned to them

350 DISPUTE RESOLUTION MECHANISM AND ARBITRATION

351 DISPUTE RESOLUTION MECHANISM (DRM) i) Any disputedifferences between the parties arising out of and in connection with the contract shall be

settled amicably by mutual negotiations

ii) In case of non-settlement by (i) above if at any time before during or after the contract period any

unsettled claim dispute or difference arose between the parties upon or in relation to or in connection with

or in any way touching or concerning this tenderagreementordercontract the same shall be referred to the

concerned Functional Director

The Functional Director shall then nominate an Executive of the rank of General Manager whom he thinks fit

and competent or a Committee of Executives whowhich shall then scrutinise the claimsdisputes that have

been referred to the concerned functional Director and make efforts for amicable settlements by mutual

discussionsnegotiations

iii) In case no amicable settlement is arrived by (ii) above within a period of three months then the contractor

shall approach Public Grievance Cell and address the disputes as per the provisions made under the relevant

GM(M)MTI2000007617Passivation Station

Page 32 of 45

clause of the contract

iv) In case the issuesdisputes do not get settled within a period of six months from the date of

submission of the dispute to the Grievance Cell then the contractor may invoke Arbitration Clause of the

contract

352 ARBITRATION Unresolved disputesdifferences if any shall then be settled by arbitration The

Arbitration proceedings shall be conducted at Mumbai India in English Language under the Arbitration amp

Conciliation Act 1996

MDL prefers to have arbitration through Institutes such as Indian Council of Arbitration (ICA)ICA-DR with

the mutual consent of the parties

353 In case of unresolved differencedispute between the Purchaser and Supplier being Central Public

Sector EnterprisesCentral Govt departments the disputes shall be resolved firstly through mutual discussion

or through the empowered agencies of the Govt or through arbitration by reference by either party to the

department of Public Enterprises as per extant guidelines If disputesdifferences remain

unresolvedunexecuted the same shall be referred first to the Cabinet Secretariat and then if necessary to the

PMO

354 Any changes to arbitration clause must be vetted by HOD (Legal) before incorporation in

contractPO

360 JURISDICTION OF COURTS 361 All contracts shall be deemed to have been wholly made in Mumbai and all claims there under are

payable in Mumbai City and it is the distinct condition of the order that no suit or action for the purpose of

enforcing any claim in respect of the order shall be instituted in any Court other than that situated in Mumbai

City Maharashtra State India ie courts in Mumbai shall alone have jurisdiction to decide upon any dispute

arising out of or in respect of the contract

-----------------------

GM(M)MTI2000007617Passivation Station

Page 33 of 45

Enclosure-4

GENERAL TERMS amp CONDITIONS (GTampC)

A10 Blank

A20 SECURITY DEPOSIT A21 The successful bidder shall submit a Security Deposit 5 of the contract order value (excluding

taxes duties freight service component) of the Order in the form of Demand Draft Bank Guarantee in the

prescribed format in favour of Purchaser within 25 days from date of Contract The Security Deposit will be

returned only after the successful execution of the order contract Refund of Security Deposit whenever

considered admissible by the Purchaser shall be without interest only

A30 FORFEITURE OF EMD BID BOND A31 In cases of withdrawal of bid during validity period or during any extension granted thereof non

acceptance of agreed conditions of Technical and or Commercial and or Price Negotiations non-submission

of the security deposit and or non-acceptance of the order the EMD or bid security will be forfeited or

encashed as the case may be

A40 FORFEITURE OF SECURITY DEPOSIT A41 Non-performance of agreed terms and or defaultbreach by BidderVendorContractor will result in

forfeiture of security deposit with application of risk purchase provisions as felt appropriate by the Purchaser

A50 FORFEITURE OF PERFORMANCE GUARANTEE A51 In the event of BidderVendorContractor failure to attend the Guarantee defects within a reasonable

period of time the Performance Bank Guarantee will be encashed by the Purchaser The Purchaserrsquos decision

shall be final and binding on BidderVendorContractor

A60 SUPPLIES A61 The equipment products items Services to be supplied shall be strictly in accordance with the

Drawings Specifications Requirements indicated in the Tender Enquiry Order with deviations if any as

mutually accepted

A70 PROGRESS REPORTING amp MONITORING A71 Where so stipulated in the order the Bidder Supplier Contractor shall render such reports from time

to time as regards the progress of the contract and in such a form as may be called for by the Purchaser

A80 CANCELLATION OF ORDER A81The Purchaser reserves the right to cancel an order forthwith without any financial implications on either

side if on completion of 50 of the scheduled deliveryCompletion period the progress of

manufactureSupply is not to the satisfaction of Purchaser and failure on the part of the

BidderVendorContractor to comply with the delivery schedule is inevitable In such an event the

BidderVendorContractor shall repay all the advances together with interest at prevailing bank rates from the

date of receipt of such advances till date of repayment The title of any property delivered to Purchaser will

be reverted to the BidderVendorContractor at his cost

A82 In case of breach non-compliance of any of the agreed terms amp conditions of order contract MDL

reserves the right to recover consequential damages from the vendor contractor on account of such

premature termination of contract

A83 In case of delay beyond agreed period for liquidated damages or 10weeks from contractual delivery

period whichever is earlier MDL reserves the right to cancel the order and procure the order items services

from any available source at MDLrsquos option amp discretion and entirely at your risk and cost Extra expenditure

incurred by MDL in doing will be recoverable from Bidder Supplier Contractor

A90 PRESERVATION AND MAINTENANCE

A91 Should any material require any preservation till its final installationfitment the detailed procedure

(Long term amp short term) for the same as also the time of interval after which the state of preservation needs

to be reviewed is to be stated by the BidderVendorContractor

A92 Further the de-preservation prior to the materialequipment being commissioned and the maintenance

procedure together with its periodicity is also to be indicated by the Bidder Vendor Contractor

A93 The Bidder Vendor Contractor in their offer must confirm that indigenous oil lubricants and

preservatives etc can be used in the equipment The bidder must also give assurance that the equipment

performance will not be downgraded by use of indigenous equivalents

A100 FREIGHT amp INSURANCE

A101 For Indigenous Bidders In cases where the offers are for Door Delivery to Purchaser transit freight

amp Insurance charges shall be borne by the Bidder Supplier Contractor In other agreed cases of Ex-works

Ex-Transporters warehouse or Railway godown offers the Bidder Supplier Contractor on dispatch shall

give details of materials with dispatch particulars and their value in time to Purchasers Insurance Company

GM(M)MTI2000007617Passivation Station

Page 34 of 45

on the contact details as provided in the order In such agreed cases the freight amp insurance charges will be

paid by the purchaser directly to the parties concerned

A102 For Foreign Bidders For overseas supplies on CIF port of dispatch basis Transit Insurance shall be

arranged by the Purchaser The Bidder Supplier Contractor shall immediately on despatch of the

items inform all relevant details of despatch such as Order number Bill of LadingAWB number

marked as Freight Paid Insurance policydocument number of packages value of consignment

invoice number in time directly to Purchasers Insurance company amp Purchaser on the contact details

as provided in the order In case of delivery term other than CIFCIP the freight amp insurance charges

will be paid by the purchaser directly to the parties concerned

A110 TAXES amp DUTIES STATUTORY LEVIES A111 Taxes and duties applicable if any shall be regularized by MDL by issuing necessary exemption

certificates in respect of procurement for Defence Projects Bidder shall indicate separately the GST and

duties applicable in their offer When the items qualify for exemption partlyfully but the supplier did not

avail of the same the amount of taxes and duties on such supplies shall be to supplierrsquos account In cases

where exemption certificates are not issued for any reason taxes shall be paid as indicated in the Purchase

OrderContract Tax deduction at source will be effected wherever applicable (eg TDS under Income tax

Act TDS on Works Contract under GST Act etc) from the bills of the Supplier as per statutes Similarly

where payment of Custom duty is agreed to and stipulated in the Purchase Order Contract the same will be

paid by the Purchaser on receipt of supplierrsquos bills along with Custom Certified Duty Paid Challan-Money

Receipt in original or carbon copy as relevant These Challans Receipts Bill of Entry are to be drawn issued

in the name of lsquoMAZAGON DOCK SHIPBUILDERS LIMITEDrsquo only Where payment of GST is agreed to

and stipulated in the Purchase Order Contract the same will be paid by the Purchaser on the basis of

Suppliers TAX INVOICE wherein the GST Number along with HSN SAC code is indicated in the Invoice

A120 DEMURRAGE A121 Storage and Demurrage charges will be payable by the Bidder Vendor Contractor for all shipments

that reach purchaser without proper dispatch documentations Lorry Receipts not accompanied by packing

lists invoices etc The Supplier shall be responsible for fines due to errors or omissions in description weight

or measurements and for increased handling charges due to improper packing

A130 INSPECTION TESTING A131The ordered items will be inspected either by Classification Society Nominated Agency and or by

Inspection Officer nominated by Purchaser at stages defined in the tender Purchase Order or as agreed to be

defined subsequently in terms of the Purchase Order

A132 The decision of the Inspecting Authority or their representatives as the case may be on any question

of the intent meaning and the scope of Specifications Standards shall be final conclusive and binding on

the Bidder Vendor Contractor

A133 The Bidder Vendor Contractor shall accord all facilities to Purchasers Inspectors Nominated

Agency to carry out Inspection Testing during course of manufacture final testing

A140 RECEIPT INSPECTION BY MDL A141 MDL shall carry out necessary inspection of the items on receipt on the basis of an appropriate quality

assurance system and inspection system requirements along with representative of the Owner Any objection

raised by MDL Quality Control Team against quality of materials or workmanship shall be satisfactorily

corrected by the Contractor at his expense including replacement as may be required within shortest possible

time within 30 days Items damaged during transit shall also be rectified replaced by the Contractor within

shortest possible time payment for which shall be made at mutually agreed rates

A150 REJECTION OF MATERIALS A151 Should the articles or any portion thereof of the equipment be found defective rejected the Bidder

Vendor Contractor shall collect the same from the Purchasers Stores all incidental charges being borne by

him (inclusive of Custom duty if payable) within 30 days from the date of intimation to the Bidder Vendor

Contractor of such rejection The Purchaser reserves the right to dispose off the rejected items at the end of

a total period of 90 days in any manner to the best advantage to the Purchaser and recover storage charges

and any consequential damages from sale proceeds of such disposal

A160 TECHNOLOGICAL DEVELOPMENTS MODIFICATIONS

A161 The Bidder Supplier Contractor shall unconditionally and free of cost to the Purchaser transfer

information on technological developments innovations modifications which the BidderSupplier

Contractor would evolve in future (within 3 years) in relation to the supplied equipment To enable this the

Purchasers address shall be added to the Bidder Supplier Contractorrsquos mailing list or database or any other

document maintained for dissemination of product information and the Purchaser shall be informed of the

GM(M)MTI2000007617Passivation Station

Page 35 of 45

action taken in this regard If such improvements modifications are brought in by the Bidder Supplier

Contractorrsquos Design Department in the course of manufacture of equipment ordered by the Purchaser the

Bidder Supplier Contractor shall incorporate such improved versions in the equipment without any extra

cost to the Purchaser under Purchaserrsquos prior consent

A162 If the Purchaser be desirous of getting incorporated all post supply modifications improvements

arising out of technological developments to the original equipment supplied by the Bidder Supplier

Contractor the Bidder Supplier Contractor shall quote for and carry out all such modifications to the

equipment

A163 Where the whole or a portion of the equipment has been specifically developed by the Bidder

Supplier Contractor for the Owner and the latter would through the Purchaser be bearing the entire or part

of the development cost incurred by the Bidder Supplier Contractor the design rights for the whole or

portion thereof of the equipment as appropriate shall vest in the Owners

A164 Prior approval of the Owner should be obtained before similar articles are sold supplied to any other

party other than the Owner If such approval is given and sale is effected the Bidder Supplier Contractor

shall pay to the Owner royalty at the rate mutually agreed to

A165 The Sub-contractor Supplier Supplier shall continue to support the equipment for a minimum period

of 20 years from the date of supply by making available spare parts and assemblies of the equipment

supplied Should the Sub-contractor Supplier Supplier decides to discontinue the product for any reason

whatsoever adequate notice shall be given to the Purchaser Owner to enable procurement of the requisite

lifetime spares

A170 PURCHASERrsquoS RIGHT TO ACCEPT ANY BID PART OF BID AND TO REJECT ANY OR

ALL BIDS A171 The Purchaser reserves the right to accept and or reject any or all tenders and or to withdraw the tender

in Toto and or award the contract order in full or part to more than one vendor contractor without

assigning any reason whatsoever and without thereby incurring any liability to the affected Bidder or Bidders

or any obligations to inform the affected Bidder or Bidders of the grounds for MDL action

A180 BANK GUARANTEE INSURANCE COVER FOR FREE ISSUE MATERIAL A181 The Bidder Supplier Contractor shall furnish Bank Guarantee insurance Cover equivalent to the

value of materials supplied by MDL free of cost valid up to the execution of the contract delivery of

material inspected accepted and receipt at MDL together with the material reconciliation statement

whichever is later

A190 BIDDERrsquoS RESPONSE IN CASE OF NO PARTICIPATION A191 The Sub-contractor Supplier Vendor shall inform the Purchaser in advance in case he is unable to

participate in the tender for whatsoever reason Failure to comply with this will be viewed seriously and

consecutive three failures on the part of Sub-contractor Supplier Vendor to do so is liable for

disqualification debarring of the Sub-contractor Supplier Vendor from all future tender enquiries and or

delisting from the list of Approved Registered Vendors

A230 PREFERENCETIAL PURCHASE FROM MSE VENDORS ndash Not Applicable MDL has right to place order on MSE firm meeting following criteria

In tenders if participating MSEs quoted prices are within price band of L1+15 such MSEs shall also be

allowed to supply a portion up to 20 of requirement by bringing down their prices to L1 price where L1 is

non MSEs If more than 1 MSEs fall under such criteria then this 20 shall be distributed proportionally

This preference shall not be applicable where MSE firm is L1 firm out of 20 percent target of annual

procurement from Micro and Small Enterprises a sub-target of 20 percent (ie 4 percent out of 20 percent)

shall be earmarked for procurement from Micro and Small Enterprises owned by the Scheduled Caste or the

Scheduled Tribe Entrepreneurs In respect of items reserved for MSE extant guidelines shall be followed

Presently Circular No SO 581(E) dated 23032012 is applicable

GM(M)MTI2000007617Passivation Station

Page 36 of 45

Annexure-5

LOADING FACTORS A

Sr

No

Description Foreign Supplier

100 import content

Indigenous

Supplier with part

Import content

Indigenous

Supplier without

Import content

1 Basic Price Quoted

CIF

a a Ex Works

b b Delivered to

MDL Stores

a Ex Works

b Delivered to

MDL Stores

2 Add Insurance Charges Nil In case of 1 (a) In case of 1 (a)

3 Add Sea Air Freight charges

Inland Road Transport Nil In case of 1 (a) In case of 1 (a)

4

Customs Clearance Port

Handling Transportation to

Yard

Applicable NIL NIL

5

Cost (ex-MDL) excluding taxes

amp duties without loading

towards any deviations

CIF price +

SrNo4 Sr Nos (1+2+3) Sr Nos (1+2+3)

B LOADINGS DUE TO VARIATIONS IN FINANCIAL TERM

6 Variation in payment Terms

Varied payment terms quoted by bidders as compared to the terms stated

in the tender document shall be normalized on the amount(s) at variation

and or for the period (in no of days) at variation by adopting the Prime

Lending Rate of State Bank India plus 2 thereon incase of indigenous

bidders and LIBOR EURIBOR rates in case of foreign bidders

7

Income tax amp Service Tax on

Technical Services Service

Engineers liability to MDL

Normalization shall be done in respect of the amount of tax that have to

be borne by the Company

8 Production norms such as

scrap output ndash input ratio

9 Base date for price variation

clause

1

0

Cost (ex-MDL) excluding taxes

amp duties after loading for

variations in financial term

(SR Nos 5 + 6 + 7 + 8 + 9)

C LOADING ON ACCOUNT OF DEVIATIONS IN FOLLOWING COMMERCIAL TERMS

11

Security Deposit Contract

Performance Guarantee Mandatory

12

Equipment Performance

Guarantee Mandatory

13

Additional delivery period

sought over stipulated period as

per Tender

For the additional period sought by the bidder over the stipulated date of

delivery as per tender 050 per week for delayed period will be loaded

to the quoted price if the period under variation does not lead to bid

rejection criteria 14 Additional time sought for

supplying binding data

15 Liquidated damages per week

rate Maximum Ceiling

If bidder seeks less than 5 (Max ceiling) then the difference will be

loaded

The rate of LD per week or part thereof is 05 If bidder seeks say 04

per week or part thereof then Max Ceiling of LD will be equated to

weeks (Say 10 weeks) then LD proposed by bidder works out to 10 X 04

= 4 then 1 will be loaded

16 Warranty Guarantee

Deviations in respect of the period of Warranty shall be loaded to the

quoted price 025 per month or part thereof This does not arise if

the bidder quotes additional price for the differential period

GM(M)MTI2000007617Passivation Station

Page 37 of 45

17

Cost (Ex-MDL) excluding taxes

amp duties after loading for

variations on account of

financial and commercial terms

Sr Nos 10 + 11 + 12 + 13 + 14 + 15 + 16

D LANDED COST

18

Taxes amp Duties

19

Landed Cost Sr Nos 17 + 18

GM(M)MTI2000007617Passivation Station

Page 38 of 45

Annexure-6

LETTER OF CREDIT FORMAT FOR SHIPMENT BY SEA AIR

40A Form of Documentary Credit Type IRREVOCABLE

20 Transaction Reference Number Documentary

Credit Number

31C Date of Issue Date

31D Date and Place of Expiry Date

Place NEGOTIATING BANK

51A Applicant Bank BIC BANKERS OF MDLMUMBAI

50 Applicant Name amp Address MAZAGON DOCK SHIPBUILDERS LTD

DOCKYARD ROAD MAZAGON MUMBAI ndash

400 010

59 Beneficiary Name amp Address

32B Currency Code Amount

Currency

Amount

39A Percentage Credit Amount Tolerance

Tolerance 1

Tolerance 2

41D Available with hellipByhellip Name amp Address

42C Draft at hellip Narrative SIGHTNEGOTIATION

42D Drawee Name amp Address BANKERS OF MDLMUMBAI

43P Partial Shipments Narrative ALLOWEDNOT ALLOWED

43T Transhipment Narrative ALLOWEDNOT ALLOWED

44A Loading on Board Dispatch Narrative AIRPORT SEAPORT (AS PER TENDER

ENQUIRYORDER)

44B For Transportation to Narrative AIRPORT SEAPORT (AS PER TENDER

ENQUIRYORDER)

44C Latest Date of Shipment Date

46A Documents required Narrative (AS PER TENDER ENQUIRY)

47A Additional conditions Narrative 1 ALL DOCUMENTS SHOULD BE MARKED

WITH IEC CODE NO0388070412 LC NO

AND DATE AND IMPORT UNDER NON-

NEGATIVE LIST OF IMPORT EXPORT

POLICY AM

2 DISCREPANT DOCUMENTS TO BE SENT

STRICTLY ON COLLECTION BASIS

71B Details of charges Narrative ALL FOREIGN BANK CHARGES OUTSIDE

INDIA ARE FOR THE BENEFICIARYrsquoS

ACCOUNT

48 Period for presentation

Narrative

WITHIN ----- DAYS FROM THE DATE OF

BILL OF LADING AIRWAY BILL 49 Confirmation instructions

Instruction

WITHOUT

53D Reimbursing Bank

Name amp Address

BANKERS OF MDL WILL SPECIFY

78 Instructions to the Paying Accepting Bank

Narrative

BANKERS OF MDL WILL SPECIFY 72 Sender to Receiver Information

Narrative

BANKERS OF MDL WILL SPECIFY

GM(M)MTI2000007617Passivation Station

Page 39 of 45

Enclosure-7

PROFORMA BANK GUARANTEE FOR BID BOND EMD

(On Non-Judicial stamp paper of value Rs 500-)

IN CONSIDERATION OF MAZAGON DOCK SHIPBUILDERS LIMTED a company incorporated under the Companies Act 1956 and having its registered office at Dockyard Road Mumbai 400010 (hereinafter referred to as

the ldquothe Companyrdquo which expression shall unless it be repugnant or contrary to the subject or context thereof be

deemed to mean and include its successors and assigns) having agreed to accept the Earnest Money Deposit (EMD)

of Rs--------------------------- -------(Rupees-----------------------------only) in the form of Bank Guarantee from Messers

a partnership firmsole proprietor businessa company registered under the Companies Act 1956

having its office at (hereinafter called the tenderer which expression shall unless it be

repugnant or contrary to the subject or context thereof be deemed to mean and include its successors and assigns) for

participating in the Tender nodated (hereinafter called the tender which expression

shall include any amendmentsalterations to the tender issued by the Company) for the supply delivery at site

installation and commissioning of certain equipment itemservicescivil works etc We

Bank having office at (hereinafter referred to as ldquothe Bankrdquo which

expression shall includes its successors and assigns) hereby agree to pay to the Company without any demur on first

demand an amount not exceeding Rs (Rupeesonly) against any loss or damage costs charges and expenses caused to or suffered by the Company by reason of non performance and non-fulfilment or for

any breach on the part of the tenderer of any of the terms and conditions of the said tender

2 We Bank further agree that the Company shall be sole judge whether the said tenderer has

failed to perform or fulfil the said tender in terms thereof or committed breach of any terms and conditions of the

tender the extent of loss damage cost charges and expenses suffered or incurred or would be suffered or incurred by

the Company on account thereof and we waive in the favour of the Company all the rights and defences to which we

as guarantors may be entitled to

3 We Bank further agree that the amount demanded by the Company as such shall be final and

binding on the Bank as to the Bank s liability to pay and the amount demanded and the Bank undertake to pay the

Company the amount so demanded on first demand and without any demur notwithstanding any dispute raised by the

tenderer or any suit or other legal proceedings including arbitration pending before any court tribunal or arbitrator

relating thereto our liability under this guarantee being absolute and unconditional

4 We Bank further agree with the Company that the Company shall have the fullest liberty

without our consent and without affecting in any manner our obligations hereunder to vary any of the terms and

conditions of the said tenderor to extend time of performance by the tenderer from time to time or to postpone for

any time to time any of the powers exercisable by the Company against the tenderer and to forbear to enforce any of

the terms and conditions relating to the tender and we shall not be relieved from our liability by reason of any such

variation or extension being granted to the tenderer or for any forbearance act or omission on the part of the

Company or any indulgence by the Company to the tenderer or by any such matter or things whatsoever which under

the law relating to sureties would have the effect of relieving us

5 We Bank further undertake not to revoke this guarantee during its currency except with

the previous consent of the Company in writing

6 We Bank also agree that the Bankrsquos liability under this guarantee shall not be affected

by any change in the constitution of the tenderer or dissolution or winding up of the business of the tenderer

7 Notwithstanding anything contained herein above

i) Our liability under this guarantee shall not exceed Rs

ii) This Bank Guarantee shall be valid upto and including and

iii) We are liable to pay the guarantee amount or any part thereof under this Bank Guarantee only and only if you

serve upon us a written claim or demand on or before helliphelliphellip (validity + --- weeks from the date of expiry of this

guarantee)

8 This Guarantee shall be governed by Indian laws and the Courts at Mumbai India shall have the exclusive

jurisdiction

GM(M)MTI2000007617Passivation Station

Page 40 of 45

IN WITNESS WHEREOF the Bank has executed this document on this day

of

For Bank

(by its constituted attorney

or the person authorized to sign)

(Signature of a person authorized

to sign on behalf of the Bank)

GM(M)MTI2000007617Passivation Station

Page 41 of 45

Enclosure-8

PROFORMA BANK GUARANTEE FOR SECURITY DEPOSIT (ILLUSTRATIVE FORMAT)

(On Non-Judicial stamp paper of value Rs 500)

IN CONSIDERATION OF MAZAGON DOCK SHIPBUILDERS LIMTED a company incorporated under the

Companies Act 1956 and having its registered office at Dockyard Road Mumbai 400010 (hereinafter referred to as

the ldquothe Purchaserrdquo which expression shall unless it be repugnant or contrary to the subject or context thereof be

deemed to mean and include its successors and assigns) having placed an order on Messers

a partnership firmsole proprietor businessa company registered under the Companies Act 1956

having its office at (hereinafter called the Contractor Supplier which expression shall unless it

be repugnant or contrary to the subject or context thereof be deemed to mean and include its successors and assigns)

vide order No dated (hereinafter called the order which expression shall include any

amendmentsalterations to the order issued by the Purchaser) for the supply delivery at site installation and

commissioning of certain equipment itemservicescivil works etc as stated in the said Order and the Purchaser

having agreed with the ContractorSupplier to accept a Bank Guarantee in lieu of Security Deposit payable under the

said order for the fulfilment and performance of the said order We Bank having

office at (hereinafter referred to as the Bank which expression shall includes its

successors and assigns) hereby agree to pay to the Purchaser without any demur on first demand an amount not

exceeding Rs (Rupeesonly) being 5 of the order value against any loss or damage costs

charges and expenses caused to or suffered by the Purchaser by reason of non performance and non-fulfilment or for

any breach on the part of the Contractor Supplier of any of the terms and conditions of the said order

2 We Bank further agree that the Purchaser shall be sole judge whether the said

contractorSupplier has failed to perform or fulfil the said order in terms thereof or committed breach of any terms

and conditions of the order and the extent of loss damage cost charges and expenses suffered or incurred or would

be suffered or incurred by the Purchaser on account thereof and we waive in the favour

of the Purchaser all the rights and defences to which we as guarantors may be entitled to

3 We Bank further agree that the amount demanded by the Purchaser as such shall be final and

binding on the Bank as to the Bank s liability to pay and the amount demanded and the Bank undertake to pay the

Purchaser the amount so demanded on first demand and without any demur notwithstanding any dispute raised by the

ContractorSupplier or any suit or other legal proceedings including arbitration pending before any court tribunal or

arbitrator relating thereto our liability under this guarantee being absolute and unconditional

4 We Bank further agree with the Purchaser that the Purchaser shall have the fullest liberty

without our consent and without affecting in any manner our obligations hereunder to vary any of the terms and

conditions of the said orderor to extend time of performance by the Supplier from time to time or to

postpone for any time to time any of the powers exercisable by the Purchaser against the Contractor Supplier and to

forbear to enforce any of the terms and conditions relating to the order and we shall not be relieved from our liability

by reason of any such variation or extension being granted to the Contractor Supplier or for any forbearance act or

omission on the part of the Purchaser or any indulgence by the

Purchaser to the ContractorSupplier or by any such matter or things whatsoever which under the law relating to

sureties would have the effect of relieving us

5 We Bank further undertake not to revoke this guarantee during its currency except with

the previous consent of the Purchaser in writing

6 We Bank also agree that the Bankrsquos liability under this guarantee shall not be affected

by any change in the constitution of the Contractor Supplier or dissolution or winding up of the business of the

contractor supplier

7 Notwithstanding anything contained herein above

i) Our liability under this guarantee shall not exceed Rs

ii) This Bank Guarantee shall be valid upto and including and

GM(M)MTI2000007617Passivation Station

Page 42 of 45

iii) We are liable to pay the guarantee amount or any part thereof under this Bank Guarantee only and only if you

serve upon us a written claim or demand on or before helliphelliphelliphellip(validity + ---weeks from the date of expiry of this

guarantee)

8 This Guarantee shall be governed by Indian laws and the Courts at Mumbai India

shall have the exclusive jurisdiction

IN WITNESS WHEREOF the Bank has executed this document on

this day of

For Bank

(by its constituted attorney)

(Signature of a person authorised

to sign on behalf of the Bank)

GM(M)MTI2000007617Passivation Station

Page 43 of 45

Enclosure-9

PROFORMA BANK GUARANTEE FOR PERFORMANCE (ILLUSTRATIVE FORMAT)

(On Non-Judicial stamp paper of value Rs 500-)

IN CONSIDERATION OF MAZAGON DOCK SHIPBUILDERS LIMTED a company incorporated under the

Companies Act 1956 and having its registered office at Dockyard Road Mumbai 400010 (hereinafter referred to as

the ldquothe Purchaserrdquo which expression shall unless it be repugnant or contrary to the subject or context thereof be

deemed to mean and include its successors and assigns) having placed an order on Messers a

partnership firmsole proprietor businessa company registered under the Companies Act 1956 having its Registered

office at (hereinafter called the Contractor Supplier which expression shall unless it be

repugnant or contrary to the subject or context thereof be deemed to mean and include its successors and assigns)

vide order No dated (hereinafter called the order which expression shall include any

amendmentsalterations to the order issued by the Purchaser) for the supply delivery at site installation and

commissioning of certain equipment itemservicescivil works etc as stated in the said Order and the Purchaser

having agreed that the Contractor Supplier shall furnish a security for the performance of the Contractorrsquos

Suppliers obligations andor discharge of the Contractorrsquos Suppliers liability in connection with the said order and

the Purchaser having agreed with the ContractorSupplier to accept a performance guarantee We

Bank having office at (hereinafter referred to as the

Bank which expression shall includes its successors and assigns) hereby agree to pay to the Purchaser without any

demur on first demand an amount not exceeding Rs (Rupeesonly) being 10 of the order

value against any loss or damage costs charges and expenses caused to or suffered by the Purchaser by reason of

non-performance and non-fulfilment or for any breach on the part of the Contractor Supplier of any of the terms and

conditions of the said order

2 We Bank further agree that the Purchaser shall be sole judge whether the said

ContractorSupplier has failed to perform or fulfil the said order in terms thereof or committed breach of any terms

and conditions of the order and the extent of loss damage cost charges and expenses suffered or incurred or would

be suffered or incurred by the Purchaser on account thereof and we waive in the favour of

the Purchaser all the rights and defences to which we as guarantors may be entitled to

3 We Bank further agree that the amount demanded by the Purchaser as such shall be final and

binding on the Bank as to the Bank s liability to pay and the amount demanded and the Bank undertake to pay the

Purchaser the amount so demanded on first demand and without any demur otwithstanding any dispute raised by the

ContractorSupplier or any suit or other legal proceedings including arbitration pending before any court tribunal or

arbitrator relating thereto our liability under this guarantee being absolute and unconditional

4 We Bank further agree with the Purchaser that the Purchaser shall have the fullest liberty

without our consent and without affecting in any manner our obligations hereunder to vary any of the terms and

conditions of the said orderor to extend time of performance by the Supplier from time to time or to postpone for

any time to time any of the powers exercisable by the Purchaser against the Contractor

Supplier and to forbear to enforce any of the terms and conditions relating to the order and we shall not be relieved

from our liability by reason of any such variation or extension being granted to the Contractor Supplier or for any

forbearance act or omission on the part of the Purchaser or any indulgence by the Purchaser to the

ContractorSupplier or by any such matter or things whatsoever which under the law

relating to sureties would have the effect of relieving us

5 We Bank further undertake not to revoke this guarantee during its currency except with

the previous consent of the Purchaser in writing

6 We Bank also agree that the Bankrsquos liability under this guarantee shall not be affected

by any change in the constitution of the Contractor Supplier or

dissolutionhelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

7 Notwithstanding anything contained herein above

i) Our liability under this guarantee shall not exceed Rs

ii) This Bank Guarantee shall be valid upto and including and

GM(M)MTI2000007617Passivation Station

Page 44 of 45

iii) We are liable to pay the guarantee amount or any part thereof under this Bank Guarantee only and only if you

serve upon us a written claim or demand on or before helliphelliphellip (validity + ---weeks from the date of expiry of this

guarantee)

8 This Guarantee shall be governed by Indian laws and the Courts at Mumbai India shall have the exclusive

jurisdiction

IN WITNESS WHEREOF the Bank has executed this document on

this day of

For Bank

(by its constituted attorney)

(Signature of a person authorised

to sign on behalf of the Bank)

GM(M)MTI2000007617Passivation Station

Page 45 of 45

Enclosure-10

Electronic Payment Mandate Form

(MDL Bank details)

Name of the CompanyFirm Mazagon Dock Shipbuilders Limited

Address with Phone no Dockyard Road Mumbai ndash 400010

E-Mail ID

Phone No +91 22 23745310

Fax No

Particulars of Bank Account

Name of the Bank State Bank of India

Name of the Branch Mazagon Dock Mumbai Branch

Branch Code 9054

Bank IFSC NEFT Code SBIN0009054

Bank Address MBPT Workshop building NV Nakhwa Road Mazagon - 400010

City Name Mumbai

Telephone No of Bank +91 22 23752802

9 digit code no of bank amp branch

appearing on the MICR cheque

issued by your bank

400002120

Type of Account Current Account

Account No 10005255246

Income Tax PAN No AAACM8029J

Page 25: Final Tender - Mazagon Dock Shipbuilders...DIVISION-SHIP BUILDING DEPARTMENT-MATERIAL PROCUREMENT Tender no.: GM(M)/MTI/2000007617 for the Engineering, Manufacturing, Supply/Installation,

GM(M)MTI2000007617Passivation Station

Page 25 of 45

37 We look forward to your participation in on-line bidding by offering your most competitive

and reasonable bid against this tender

Yours faithfully

For MAZAGON DOCK LIMITED

M Tanweer Iqbal

CM(C-MP)

Enclosure - 1 Instructions to the Bidders

Enclosure - 2 Illustrative format amp guideline for quoting prices in online Price Bid

Enclosure - 3 Standard Terms amp Conditions (STACS)

Enclosure - 4 General Terms amp Conditions (GTampC)

Enclosure - 5 Loading Factors

Enclosure - 6 Format of Letter of Credit

Enclosure 7 Bank Guarantee Format for EMD

Enclosure 8 Bank Guarantee Format for SD

Enclosure 9 Bank Guarantee Format for PBG

Enclosure - 10 MDL bank details for NEFTRTGS EMDSD transfer

Enclosure 11 Shipping Instruction for Sea amp Air Consignments

Note These Enclosuredocuments to be down loaded from our Website under below linkpath-

wwwmazagondockgovin gt Tenders gt Shipbuilding gt ldquoEnclosures Related to Tender Documents from Material

Purchase Deptrdquo

GM(M)MTI2000007617Passivation Station

Page 26 of 45

Enclosure ndash 1

Instructions to the Bidders for uploading the Techno-Commercial Bid and the Price Bid through E-

Procurement Portal

bullbullbullbull Official service provider for the website is NIC

E-mail eproc-supportgovin Office Ph No 0120-4200462 0120-4001002 Ph No +91-8826246593

bullbullbullbull Pre-requisites for up-loading the Techno-Commercial Bid

(i) Compatible computer hardware software set-up to access e-procure website

(ii) ldquoDigital Signature Certificaterdquo class III B (DSC) is a must for downloading the tender and uploading

the techno commercial offer from our website httpseprocuremdlnicin

(iii) ldquoDigital Signature Certificaterdquo class III B (DSC) can be obtained from our service provider

bullbullbullbull To ensure availability of above prerequisite is bidders responsibility

(i) It is mandatory to upload the complete techno-commercial offer and the price bid on e-

procurement

(ii) No part of the bid other than original EMD (if applicable) shall be accepted physically hard copy

outside e-procurement

(iii) Price bids shall strictly be uploaded in appropriate allotted place in the tender available in e-

procurement so that it remains secured encrypted unreadable in the system

(iv) In no circumstances the price bids shall be forwarded or uploaded in any other form

(v) Entire responsibility of the uploading of the complete techno-commercial bid along with the price

bid shall be that of the bidder

(vi) No request complaint shall be entertained after the due datetime of the tender

(vii) Non availability of any of the prerequisites or last minute calls seeking clarifications projecting

problems shall not entitle a bidder to seek request for extension of due date

(viii) Any problem with regard to uploading of the tender shall be intimated to NIC at least 24 hours in

advance to the tender closing time amp date However it will not be considered as reason for extension

of due date of the tender

(ix) Request for extension if at all to be made shall be forwarded at least 3 working days in advance to

the tender closing date time with proper reasoning The request shall be put up to the competent

authority for consideration on the merit of the case MDL reserves all rights in this regard amp decision

of MDL shall be binding to the applicant

It is important to note that the bidders can upload their bids right from the time the tender is available

at website It is advisable that the bidder uploads the bid well in time rather than wait till last minute

to avoid situations wherein he is unable to successfully upload the bid for various reasons which

cannot be addressed then due to lack of time

bullbullbullbull Special instructions to Bidders for online bidding

GM(M)MTI2000007617Passivation Station

Page 27 of 45

(i) Bidders should login well in advance to enable them to complete their bid submission before the

closing time of the tender

(ii) Bidders should submit their bid well in advance to avoid last minute frantic calls

(iii) Bidders should follow all the instructions enlisted on the front page of e-procure web page

(iv) Bidders should ensure Hardware amp Software compatibility as well as Digital Signature available on

front page of e-procure web site Request for extension of due date shall not be entertained due to

non-availability of these tools

bullbullbullbull Bidders to participate in on-line bidding

(i) By registering with above referred portal for User ID and password

(ii) By obtaining class III DSC (Digital Signature Certificate) for secured bidding

NOTE In case any vendor intending to respond against the tender and is not having the DSC to facilitate

uploading of his bid should approach the Service Provider at least 10 working days in advance of the tender

closing date requesting DSC The request so made to the Service Provider should simultaneously be

forwarded to MDL Dealing Officer In case the DSC is not received within 3 to 4 working days the GM (M)

be informed and the DSC if not received from the Service Provider three working days in advance for

suitable extension to tender closing date then only the tender due date shall be considered

GM(M)MTI2000007617Passivation Station

Page 28 of 45

Annexure-2

Illustrative format amp guideline for quoting prices in online Price Bid

Below format of price bid will appear online Indigenous bidders to follow instructions given in each respective

cell while quoting their cost in online price bid -

Item Sr no 1

Material Description As per clause No 1

Quantity As per clause No 1

Set Set

Currency INR USD EURO

For Indian Bidder Basic Unit Rate in INR only

For Foreign Bidder CIF Rate to be entered by the foreign

currency

To be quoted

of CGST+SGST or IGST on Basic rate To be quoted

Installation Commissioning Charges per Unit To be quoted

of CGST+SGST or IGST on Installation Commissioning

Charges To be quoted

Inspection Testing Charges per Unit To be quoted

of CGST+SGST or IGST on Inspection Testing Charges To be quoted

GM(M)MTI2000007617Passivation Station

Page 29 of 45

Enclosure-3

STANDARD TERMS AND CONDITIONS (STACS) 101 The word Purchaser refers to MAZAGON DOCK SHIPBUILDERS LIMITED (MDL) a Company

registered under the Indian Companies Act 1913 and it includes its successors or assignees

102 The word BidderVendorContractor means the person firm Company who undertakes to

manufacture and or supply and or undertake work of any nature assigned by the Purchaser from time to time

and includes its successors or assignees

103 The word Owner means the person or authority with whom MAZAGON DOCK SHIPBUILDERS

LIMITED (Purchaser) has contracted to carry out work in relation to which orders are placed by the

Purchaser on the BidderVendorContractor under this contract for supply or manufacture of certain items

and would include Department of Defence Production Ministry of Defence Government of India the Indian

Navy the Coast Guard and any other specified authority

120 GENERAL 121 Unless otherwise indicated specifically by the bidder contractor in his bid it shall be construed as his

acceptance of all the conditions mentioned in this STACS

200 COMMUNICATION amp LANGUAGE FOR DOCUMENTATION 201 Any letter facsimile message e-mail intimation or notice sent to the BidderVendorContractor at the

last known address mentioned in the offer order shall be deemed to be valid communication for the purpose

of the ordercontract Unless stated otherwise by the purchaser Language for communication amp all

documentation shall be same which the Purchaser has used in the tender enquiry

210 PURCHASERrsquoS PROPERTY 211 All property (such as materials drawings documents etc) issued by the Purchaser or any other

individual or firm on behalf of the Purchaser in connection with the contract shall remain confidential being

the property of the Purchaser and the BidderVendorContractor shall undertake to return all such property so

issued and will be responsible for any or all loss thereof and damage thereto resulting from whatever causes

and shall reimburse the Purchaser the full amount of loss and damage

212 On completion of work in any compartment location of the purchaserrsquos premises the

BidderSupplierContractor must ensure that the place is left in a reasonably clean state and all scrap is

transferred to nearby scrap-bins

220 RISK PURCHASE 221 If the equipment article service or any portion thereof be not delivered performed by the scheduled

delivery date period any stoppage or discontinuation of ordered supply awarded contract without written

consent by Purchaser or not meeting the required quality standards the Purchaser shall be at liberty without

prejudice to the right of the Purchaser to recover Liquidated Damages penalty as provided for in these

conditions or to any other remedy for breach of contract to terminate the contract either wholly or to the

extent of such default Amounts advanced or part thereof corresponding to the undelivered supply shall be

recoverable from the Contractor Bidder at the prevailing bank rate of interest

222 The Purchaser shall also be at liberty to purchase manufacture or supply from stock as it deems fit

other articles of the same or similar description to make good such default and or in the event of the contract

being terminated the balance of the articles of the remaining to be delivered there under Any excess over the

purchase price cost of manufacture or value of any articles supplied from the stock as the case may be over

the contract price shall be recoverable from the Bidder Vendor Contractor

230 RECOVERY ADJUSTMENT PROVISIONS 231 Payment made under one order shall not be assigned or adjusted to any other order except to the extent

agreed upon in writing by the Purchaser During the currency of the contract if any sum of money is payable

by the Bidder Vendor Contractor the same shall be deducted from any sum then due or thereafter may

become due to the Bidder Vendor Contractor under the contract or any other contract with the Purchaser

240 ADDITIONAL BANK GUARANTEE In case after opening of price bid of technically cleared firms it is noted that L-1 firm has quoted very low

rates and indicates to withdraw from the tender then EMD shall be forfeited and firm may be given tender

holiday including intimation to other PSUs If the rates quoted are less than MDL estimates by 40 or so and

if the difference in rate between L1 and L2 is 30 or more then the firm will have to give additional BG of

20 of the PO value as additional security Bank charges for this additional BG shall be borne by MDL and

reimbursed against proof of payment

250 INDEMNIFICATION 251 The Bidder Vendor Contractor his employees licencees agents or Sub-Vendor Sub-contractor

while on site of the Purchaser for the purpose of this contract indemnifies the Purchaser against direct

GM(M)MTI2000007617Passivation Station

Page 30 of 45

damage and or injury to the property and or the person of the Purchaser or that of Purchasers employees

agents Sub- Contractors Suppliers occurring and to the extent caused by the negligence of the Bidder

Vendor Contractor his employees licencees agents or Sub-contractor by making good such damages to the

property or compensating personal injury and the total liability for such damages or injury shall be as

mutually discussed and agreed to

260 TRANSFER OF VENDORS CONTRACTORrsquoS RIGHTS 261 The Bidder Vendor Contractor shall not either wholly or partly sell transfer assign or otherwise

dispose of the rights liabilities and obligations under the contract between him and the Purchaser without

prior consent of the Purchaser in writing

270 SUBCONTRACT amp RIGHT OF PURCHASER 271 The Bidder Vendor Contractor under no circumstances undertake or subcontract any work contract

from or to any other Sub-contractor without prior written approval of the Competent Authority of Purchaser

In the event it is found that such practice has been indulged in the contract is liable to be terminated without

notice and the Bidder Vendor Contractor is debarred all from future tender enquiries work orders

However in no circumstances a contractor is permitted to subcontract any part of the contract to the bidders

who had quoted for the concerned tender

280 PATENT RIGHTS 281 The Bidder Vendor Contractor shall hold harmless and keep the Purchaser indemnified against all

claims arising as a result of infringement of any patent copy rights on account of manufacture sale or use of

articles covered by the order

290 AGENTS AGENCY COMMISSION

291 The seller confirms and declares to the buyer that the seller is the original manufacturer or authorized

distributorstockiest of original manufacturer of the stores referred to in this contract and has not engaged any

individual or firm whether Indian or foreign whatsoever to intercede facilitate or in any way to

recommended to the Buyer or any of its functionaries whether officially or unofficially to the award of the

Contract Purchase order to the Seller nor has any amount been paid promised or intended to be paid to any

such individual or firm in respect of any such intercession facilitation or recommendation The Seller agrees

that if it is established at any time to the satisfaction of the Buyer that the present declaration is in any way

incorrect or if at a later stage it is discovered by the Buyer that the Seller has engaged any such

individualfirm and paid or intended to pay any amount gift reward fees commission or consideration to

such person party firm or institution whether before or after the signing of this Contract Purchase order

the Seller

will be liable to refund that amount to the Buyer

Tender no GM (M)GRA2000007246 Page 16 of 26

The seller will also be debarred from participation in any RFQTender for new projectsprogram with Buyer

for a minimum period of five years

The buyer will also have a right to consider cancellation of the Contract either wholly or in part without any

entitlement or compensation to the Seller who shall in such event be liable to refund all payments made by

the buyer in terms of the Contract along with interest at the rate of 2 per annum above LIBOR (London

Inter Bank Offer Rate) (for foreign vendors) and base rate of SBI plus 2 (for Indian Vendors)

The Buyer will also have the right to recover any such amount from any contracts concluded earlier with

Buyer

300 USE OF UNDUE INFLUENCE CORRUPT PRACTICES

301 The Bidder Supplier Contractor undertakes that he has not given offered or promised to give directly

or indirectly any gift consideration reward commission fees brokerage or inducement to any person in

service of the Purchaser or otherwise in procuring the contract or forbearing to do or for having done or

forborne to do any act in relation to the obtaining or execution of the Contract with the Purchaser for showing

or forbearing to show favour or disfavour to any person in relation to the Contract or any other Contract with

the Purchaser Any breach of the aforesaid undertaking by the Bidder Supplier Contractor or any one

employed by him or acting on his behalf (whether with or without the knowledge of the Bidder Supplier

Contractor) or the commission of any offence by the Bidder Supplier Contractor or any one employed by

him or acting on his behalf as defined in Chapter IX of the Indian Penal Code 1980 or the Prevention of

Corruption Act 1947 or any other Act enacted or the prevention of corruption shall entitle the Purchaser to

cancel the contract and all or any other contracts with the Bidder Contractor Supplier and recover from the

Bidder Supplier Contractor the amount of any loss arising from such cancellation Decision of the

Purchaser or his nominee to the effect that a breach of the undertaking has been committed shall be final and

binding on the Bidder Supplier Contractor

302 The Bidder Supplier Contractor shall not offer or agree to give any person in the employment of

GM(M)MTI2000007617Passivation Station

Page 31 of 45

Purchaser any gift or consideration of any kind as Inducement or reward for doing or forbearing to do or

for having done or forborne to do any act in relation to the obtaining or execution of the contracts Any

breach of the aforesaid condition by the Bidder Supplier Contractor or any one employed by them or

acting on their behalf (whether with or without the knowledge of the Bidder Supplier Contractor) or the

commission of any offence by the Bidder Supplier Contractor or by any one employed by them or acting

on their behalf which shall be punishable under the Indian Penal Code 1980 andor the Prevention of

Corruption by Public Servants shall entitle Purchaser to cancel the contracts and all or any other contracts

and then to recover from the Bidder Supplier Contractor the amounts of any loss arising from such

contracts cancellation including but not limited to imposition of penal damages forfeiture of Security

Deposit encashment of the Bank Guarantee and refund of the amounts paid by the Purchaser

303 In case it is found to the satisfaction of the Purchaser that the Bidder Supplier Contractor has

engaged an Agent or paid commission or influenced any person to obtain the contract as described in clauses

relating to Agents Agency Commission and use of undue Influence the Bidder Supplier Contractor on a

specific request of the Purchaser shall provide necessary information inspection of the relevant financial

document information

310 IMMUNITY OF GOVERNMENT OF INDIA CLAUSE 311 It is expressly understood and agreed by and between Ms (Bidder Supplier Contractor) and

MAZAGON DOCK SHIPBUILDERS LIMITED Dockyard Road Mumbai - 400 010 (MDL) is entering

into this Agreement solely on its own behalf and not on the behalf of any person or entity In particular it is

expressly understood and agreed that the Government of India is not a party to this Agreement and has no

liabilities obligations or rights hereunder It is expressly understood and agreed that MDL is an independent

legal entity with power and authority to enter into contracts solely in its own behalf under the applicable of

Laws of India and general principles of Contract Law The (Bidder Supplier Contractor) expressly agrees

acknowledges and understands that MDL is not an agent representative or delegate of the Government of

India It is further understood and agreed that the Government of India is not and shall not be liable for any

acts omissions and commissions breaches or other wrongs arising out of the contract Accordingly (Bidder

Supplier Contractor) hereby expressly waives releases and foregoes any and all actions or claims including

cross claims impleader claims or counter claims against the Government of India arising out of this contract

and covenants not to sue Government of India in any manner claim cause of action or thing whatsoever

arising of or under this Agreement

320 EXPORT LICENCE 321 The export licenses that may be required for delivery of the various itemsequipment to MDL shall be

arranged by the Bidder Supplier Contractor from the concerned authorities in their country without any

time amp cost implications on the Purchaser

330 BANNED OR DE-LISTED CONTRACTORS VENDORS 331 The Bidder Vendor Contractor declares that they being Proprietors Directors Partners have not

been any time individually or collectively blacklisted or banned or de-listed by any Government or quasi

Government agencies or PSUs If a bidderrsquos entities as stated above have been blacklisted or banned or delisted

by any Government or quasi Government agencies or PSUs this fact must be clearly stated and it may

not necessarily be a cause for disqualifying him

340 DUTY OF PERSONNEL OF SUPPLIERVENDOR 341 MDL being a Defence Organization Bidder Vendor Contractor undertakes that their personnel

deployed in connection with the entrusted work will not indulge in any activities other than the duties

assigned to them

350 DISPUTE RESOLUTION MECHANISM AND ARBITRATION

351 DISPUTE RESOLUTION MECHANISM (DRM) i) Any disputedifferences between the parties arising out of and in connection with the contract shall be

settled amicably by mutual negotiations

ii) In case of non-settlement by (i) above if at any time before during or after the contract period any

unsettled claim dispute or difference arose between the parties upon or in relation to or in connection with

or in any way touching or concerning this tenderagreementordercontract the same shall be referred to the

concerned Functional Director

The Functional Director shall then nominate an Executive of the rank of General Manager whom he thinks fit

and competent or a Committee of Executives whowhich shall then scrutinise the claimsdisputes that have

been referred to the concerned functional Director and make efforts for amicable settlements by mutual

discussionsnegotiations

iii) In case no amicable settlement is arrived by (ii) above within a period of three months then the contractor

shall approach Public Grievance Cell and address the disputes as per the provisions made under the relevant

GM(M)MTI2000007617Passivation Station

Page 32 of 45

clause of the contract

iv) In case the issuesdisputes do not get settled within a period of six months from the date of

submission of the dispute to the Grievance Cell then the contractor may invoke Arbitration Clause of the

contract

352 ARBITRATION Unresolved disputesdifferences if any shall then be settled by arbitration The

Arbitration proceedings shall be conducted at Mumbai India in English Language under the Arbitration amp

Conciliation Act 1996

MDL prefers to have arbitration through Institutes such as Indian Council of Arbitration (ICA)ICA-DR with

the mutual consent of the parties

353 In case of unresolved differencedispute between the Purchaser and Supplier being Central Public

Sector EnterprisesCentral Govt departments the disputes shall be resolved firstly through mutual discussion

or through the empowered agencies of the Govt or through arbitration by reference by either party to the

department of Public Enterprises as per extant guidelines If disputesdifferences remain

unresolvedunexecuted the same shall be referred first to the Cabinet Secretariat and then if necessary to the

PMO

354 Any changes to arbitration clause must be vetted by HOD (Legal) before incorporation in

contractPO

360 JURISDICTION OF COURTS 361 All contracts shall be deemed to have been wholly made in Mumbai and all claims there under are

payable in Mumbai City and it is the distinct condition of the order that no suit or action for the purpose of

enforcing any claim in respect of the order shall be instituted in any Court other than that situated in Mumbai

City Maharashtra State India ie courts in Mumbai shall alone have jurisdiction to decide upon any dispute

arising out of or in respect of the contract

-----------------------

GM(M)MTI2000007617Passivation Station

Page 33 of 45

Enclosure-4

GENERAL TERMS amp CONDITIONS (GTampC)

A10 Blank

A20 SECURITY DEPOSIT A21 The successful bidder shall submit a Security Deposit 5 of the contract order value (excluding

taxes duties freight service component) of the Order in the form of Demand Draft Bank Guarantee in the

prescribed format in favour of Purchaser within 25 days from date of Contract The Security Deposit will be

returned only after the successful execution of the order contract Refund of Security Deposit whenever

considered admissible by the Purchaser shall be without interest only

A30 FORFEITURE OF EMD BID BOND A31 In cases of withdrawal of bid during validity period or during any extension granted thereof non

acceptance of agreed conditions of Technical and or Commercial and or Price Negotiations non-submission

of the security deposit and or non-acceptance of the order the EMD or bid security will be forfeited or

encashed as the case may be

A40 FORFEITURE OF SECURITY DEPOSIT A41 Non-performance of agreed terms and or defaultbreach by BidderVendorContractor will result in

forfeiture of security deposit with application of risk purchase provisions as felt appropriate by the Purchaser

A50 FORFEITURE OF PERFORMANCE GUARANTEE A51 In the event of BidderVendorContractor failure to attend the Guarantee defects within a reasonable

period of time the Performance Bank Guarantee will be encashed by the Purchaser The Purchaserrsquos decision

shall be final and binding on BidderVendorContractor

A60 SUPPLIES A61 The equipment products items Services to be supplied shall be strictly in accordance with the

Drawings Specifications Requirements indicated in the Tender Enquiry Order with deviations if any as

mutually accepted

A70 PROGRESS REPORTING amp MONITORING A71 Where so stipulated in the order the Bidder Supplier Contractor shall render such reports from time

to time as regards the progress of the contract and in such a form as may be called for by the Purchaser

A80 CANCELLATION OF ORDER A81The Purchaser reserves the right to cancel an order forthwith without any financial implications on either

side if on completion of 50 of the scheduled deliveryCompletion period the progress of

manufactureSupply is not to the satisfaction of Purchaser and failure on the part of the

BidderVendorContractor to comply with the delivery schedule is inevitable In such an event the

BidderVendorContractor shall repay all the advances together with interest at prevailing bank rates from the

date of receipt of such advances till date of repayment The title of any property delivered to Purchaser will

be reverted to the BidderVendorContractor at his cost

A82 In case of breach non-compliance of any of the agreed terms amp conditions of order contract MDL

reserves the right to recover consequential damages from the vendor contractor on account of such

premature termination of contract

A83 In case of delay beyond agreed period for liquidated damages or 10weeks from contractual delivery

period whichever is earlier MDL reserves the right to cancel the order and procure the order items services

from any available source at MDLrsquos option amp discretion and entirely at your risk and cost Extra expenditure

incurred by MDL in doing will be recoverable from Bidder Supplier Contractor

A90 PRESERVATION AND MAINTENANCE

A91 Should any material require any preservation till its final installationfitment the detailed procedure

(Long term amp short term) for the same as also the time of interval after which the state of preservation needs

to be reviewed is to be stated by the BidderVendorContractor

A92 Further the de-preservation prior to the materialequipment being commissioned and the maintenance

procedure together with its periodicity is also to be indicated by the Bidder Vendor Contractor

A93 The Bidder Vendor Contractor in their offer must confirm that indigenous oil lubricants and

preservatives etc can be used in the equipment The bidder must also give assurance that the equipment

performance will not be downgraded by use of indigenous equivalents

A100 FREIGHT amp INSURANCE

A101 For Indigenous Bidders In cases where the offers are for Door Delivery to Purchaser transit freight

amp Insurance charges shall be borne by the Bidder Supplier Contractor In other agreed cases of Ex-works

Ex-Transporters warehouse or Railway godown offers the Bidder Supplier Contractor on dispatch shall

give details of materials with dispatch particulars and their value in time to Purchasers Insurance Company

GM(M)MTI2000007617Passivation Station

Page 34 of 45

on the contact details as provided in the order In such agreed cases the freight amp insurance charges will be

paid by the purchaser directly to the parties concerned

A102 For Foreign Bidders For overseas supplies on CIF port of dispatch basis Transit Insurance shall be

arranged by the Purchaser The Bidder Supplier Contractor shall immediately on despatch of the

items inform all relevant details of despatch such as Order number Bill of LadingAWB number

marked as Freight Paid Insurance policydocument number of packages value of consignment

invoice number in time directly to Purchasers Insurance company amp Purchaser on the contact details

as provided in the order In case of delivery term other than CIFCIP the freight amp insurance charges

will be paid by the purchaser directly to the parties concerned

A110 TAXES amp DUTIES STATUTORY LEVIES A111 Taxes and duties applicable if any shall be regularized by MDL by issuing necessary exemption

certificates in respect of procurement for Defence Projects Bidder shall indicate separately the GST and

duties applicable in their offer When the items qualify for exemption partlyfully but the supplier did not

avail of the same the amount of taxes and duties on such supplies shall be to supplierrsquos account In cases

where exemption certificates are not issued for any reason taxes shall be paid as indicated in the Purchase

OrderContract Tax deduction at source will be effected wherever applicable (eg TDS under Income tax

Act TDS on Works Contract under GST Act etc) from the bills of the Supplier as per statutes Similarly

where payment of Custom duty is agreed to and stipulated in the Purchase Order Contract the same will be

paid by the Purchaser on receipt of supplierrsquos bills along with Custom Certified Duty Paid Challan-Money

Receipt in original or carbon copy as relevant These Challans Receipts Bill of Entry are to be drawn issued

in the name of lsquoMAZAGON DOCK SHIPBUILDERS LIMITEDrsquo only Where payment of GST is agreed to

and stipulated in the Purchase Order Contract the same will be paid by the Purchaser on the basis of

Suppliers TAX INVOICE wherein the GST Number along with HSN SAC code is indicated in the Invoice

A120 DEMURRAGE A121 Storage and Demurrage charges will be payable by the Bidder Vendor Contractor for all shipments

that reach purchaser without proper dispatch documentations Lorry Receipts not accompanied by packing

lists invoices etc The Supplier shall be responsible for fines due to errors or omissions in description weight

or measurements and for increased handling charges due to improper packing

A130 INSPECTION TESTING A131The ordered items will be inspected either by Classification Society Nominated Agency and or by

Inspection Officer nominated by Purchaser at stages defined in the tender Purchase Order or as agreed to be

defined subsequently in terms of the Purchase Order

A132 The decision of the Inspecting Authority or their representatives as the case may be on any question

of the intent meaning and the scope of Specifications Standards shall be final conclusive and binding on

the Bidder Vendor Contractor

A133 The Bidder Vendor Contractor shall accord all facilities to Purchasers Inspectors Nominated

Agency to carry out Inspection Testing during course of manufacture final testing

A140 RECEIPT INSPECTION BY MDL A141 MDL shall carry out necessary inspection of the items on receipt on the basis of an appropriate quality

assurance system and inspection system requirements along with representative of the Owner Any objection

raised by MDL Quality Control Team against quality of materials or workmanship shall be satisfactorily

corrected by the Contractor at his expense including replacement as may be required within shortest possible

time within 30 days Items damaged during transit shall also be rectified replaced by the Contractor within

shortest possible time payment for which shall be made at mutually agreed rates

A150 REJECTION OF MATERIALS A151 Should the articles or any portion thereof of the equipment be found defective rejected the Bidder

Vendor Contractor shall collect the same from the Purchasers Stores all incidental charges being borne by

him (inclusive of Custom duty if payable) within 30 days from the date of intimation to the Bidder Vendor

Contractor of such rejection The Purchaser reserves the right to dispose off the rejected items at the end of

a total period of 90 days in any manner to the best advantage to the Purchaser and recover storage charges

and any consequential damages from sale proceeds of such disposal

A160 TECHNOLOGICAL DEVELOPMENTS MODIFICATIONS

A161 The Bidder Supplier Contractor shall unconditionally and free of cost to the Purchaser transfer

information on technological developments innovations modifications which the BidderSupplier

Contractor would evolve in future (within 3 years) in relation to the supplied equipment To enable this the

Purchasers address shall be added to the Bidder Supplier Contractorrsquos mailing list or database or any other

document maintained for dissemination of product information and the Purchaser shall be informed of the

GM(M)MTI2000007617Passivation Station

Page 35 of 45

action taken in this regard If such improvements modifications are brought in by the Bidder Supplier

Contractorrsquos Design Department in the course of manufacture of equipment ordered by the Purchaser the

Bidder Supplier Contractor shall incorporate such improved versions in the equipment without any extra

cost to the Purchaser under Purchaserrsquos prior consent

A162 If the Purchaser be desirous of getting incorporated all post supply modifications improvements

arising out of technological developments to the original equipment supplied by the Bidder Supplier

Contractor the Bidder Supplier Contractor shall quote for and carry out all such modifications to the

equipment

A163 Where the whole or a portion of the equipment has been specifically developed by the Bidder

Supplier Contractor for the Owner and the latter would through the Purchaser be bearing the entire or part

of the development cost incurred by the Bidder Supplier Contractor the design rights for the whole or

portion thereof of the equipment as appropriate shall vest in the Owners

A164 Prior approval of the Owner should be obtained before similar articles are sold supplied to any other

party other than the Owner If such approval is given and sale is effected the Bidder Supplier Contractor

shall pay to the Owner royalty at the rate mutually agreed to

A165 The Sub-contractor Supplier Supplier shall continue to support the equipment for a minimum period

of 20 years from the date of supply by making available spare parts and assemblies of the equipment

supplied Should the Sub-contractor Supplier Supplier decides to discontinue the product for any reason

whatsoever adequate notice shall be given to the Purchaser Owner to enable procurement of the requisite

lifetime spares

A170 PURCHASERrsquoS RIGHT TO ACCEPT ANY BID PART OF BID AND TO REJECT ANY OR

ALL BIDS A171 The Purchaser reserves the right to accept and or reject any or all tenders and or to withdraw the tender

in Toto and or award the contract order in full or part to more than one vendor contractor without

assigning any reason whatsoever and without thereby incurring any liability to the affected Bidder or Bidders

or any obligations to inform the affected Bidder or Bidders of the grounds for MDL action

A180 BANK GUARANTEE INSURANCE COVER FOR FREE ISSUE MATERIAL A181 The Bidder Supplier Contractor shall furnish Bank Guarantee insurance Cover equivalent to the

value of materials supplied by MDL free of cost valid up to the execution of the contract delivery of

material inspected accepted and receipt at MDL together with the material reconciliation statement

whichever is later

A190 BIDDERrsquoS RESPONSE IN CASE OF NO PARTICIPATION A191 The Sub-contractor Supplier Vendor shall inform the Purchaser in advance in case he is unable to

participate in the tender for whatsoever reason Failure to comply with this will be viewed seriously and

consecutive three failures on the part of Sub-contractor Supplier Vendor to do so is liable for

disqualification debarring of the Sub-contractor Supplier Vendor from all future tender enquiries and or

delisting from the list of Approved Registered Vendors

A230 PREFERENCETIAL PURCHASE FROM MSE VENDORS ndash Not Applicable MDL has right to place order on MSE firm meeting following criteria

In tenders if participating MSEs quoted prices are within price band of L1+15 such MSEs shall also be

allowed to supply a portion up to 20 of requirement by bringing down their prices to L1 price where L1 is

non MSEs If more than 1 MSEs fall under such criteria then this 20 shall be distributed proportionally

This preference shall not be applicable where MSE firm is L1 firm out of 20 percent target of annual

procurement from Micro and Small Enterprises a sub-target of 20 percent (ie 4 percent out of 20 percent)

shall be earmarked for procurement from Micro and Small Enterprises owned by the Scheduled Caste or the

Scheduled Tribe Entrepreneurs In respect of items reserved for MSE extant guidelines shall be followed

Presently Circular No SO 581(E) dated 23032012 is applicable

GM(M)MTI2000007617Passivation Station

Page 36 of 45

Annexure-5

LOADING FACTORS A

Sr

No

Description Foreign Supplier

100 import content

Indigenous

Supplier with part

Import content

Indigenous

Supplier without

Import content

1 Basic Price Quoted

CIF

a a Ex Works

b b Delivered to

MDL Stores

a Ex Works

b Delivered to

MDL Stores

2 Add Insurance Charges Nil In case of 1 (a) In case of 1 (a)

3 Add Sea Air Freight charges

Inland Road Transport Nil In case of 1 (a) In case of 1 (a)

4

Customs Clearance Port

Handling Transportation to

Yard

Applicable NIL NIL

5

Cost (ex-MDL) excluding taxes

amp duties without loading

towards any deviations

CIF price +

SrNo4 Sr Nos (1+2+3) Sr Nos (1+2+3)

B LOADINGS DUE TO VARIATIONS IN FINANCIAL TERM

6 Variation in payment Terms

Varied payment terms quoted by bidders as compared to the terms stated

in the tender document shall be normalized on the amount(s) at variation

and or for the period (in no of days) at variation by adopting the Prime

Lending Rate of State Bank India plus 2 thereon incase of indigenous

bidders and LIBOR EURIBOR rates in case of foreign bidders

7

Income tax amp Service Tax on

Technical Services Service

Engineers liability to MDL

Normalization shall be done in respect of the amount of tax that have to

be borne by the Company

8 Production norms such as

scrap output ndash input ratio

9 Base date for price variation

clause

1

0

Cost (ex-MDL) excluding taxes

amp duties after loading for

variations in financial term

(SR Nos 5 + 6 + 7 + 8 + 9)

C LOADING ON ACCOUNT OF DEVIATIONS IN FOLLOWING COMMERCIAL TERMS

11

Security Deposit Contract

Performance Guarantee Mandatory

12

Equipment Performance

Guarantee Mandatory

13

Additional delivery period

sought over stipulated period as

per Tender

For the additional period sought by the bidder over the stipulated date of

delivery as per tender 050 per week for delayed period will be loaded

to the quoted price if the period under variation does not lead to bid

rejection criteria 14 Additional time sought for

supplying binding data

15 Liquidated damages per week

rate Maximum Ceiling

If bidder seeks less than 5 (Max ceiling) then the difference will be

loaded

The rate of LD per week or part thereof is 05 If bidder seeks say 04

per week or part thereof then Max Ceiling of LD will be equated to

weeks (Say 10 weeks) then LD proposed by bidder works out to 10 X 04

= 4 then 1 will be loaded

16 Warranty Guarantee

Deviations in respect of the period of Warranty shall be loaded to the

quoted price 025 per month or part thereof This does not arise if

the bidder quotes additional price for the differential period

GM(M)MTI2000007617Passivation Station

Page 37 of 45

17

Cost (Ex-MDL) excluding taxes

amp duties after loading for

variations on account of

financial and commercial terms

Sr Nos 10 + 11 + 12 + 13 + 14 + 15 + 16

D LANDED COST

18

Taxes amp Duties

19

Landed Cost Sr Nos 17 + 18

GM(M)MTI2000007617Passivation Station

Page 38 of 45

Annexure-6

LETTER OF CREDIT FORMAT FOR SHIPMENT BY SEA AIR

40A Form of Documentary Credit Type IRREVOCABLE

20 Transaction Reference Number Documentary

Credit Number

31C Date of Issue Date

31D Date and Place of Expiry Date

Place NEGOTIATING BANK

51A Applicant Bank BIC BANKERS OF MDLMUMBAI

50 Applicant Name amp Address MAZAGON DOCK SHIPBUILDERS LTD

DOCKYARD ROAD MAZAGON MUMBAI ndash

400 010

59 Beneficiary Name amp Address

32B Currency Code Amount

Currency

Amount

39A Percentage Credit Amount Tolerance

Tolerance 1

Tolerance 2

41D Available with hellipByhellip Name amp Address

42C Draft at hellip Narrative SIGHTNEGOTIATION

42D Drawee Name amp Address BANKERS OF MDLMUMBAI

43P Partial Shipments Narrative ALLOWEDNOT ALLOWED

43T Transhipment Narrative ALLOWEDNOT ALLOWED

44A Loading on Board Dispatch Narrative AIRPORT SEAPORT (AS PER TENDER

ENQUIRYORDER)

44B For Transportation to Narrative AIRPORT SEAPORT (AS PER TENDER

ENQUIRYORDER)

44C Latest Date of Shipment Date

46A Documents required Narrative (AS PER TENDER ENQUIRY)

47A Additional conditions Narrative 1 ALL DOCUMENTS SHOULD BE MARKED

WITH IEC CODE NO0388070412 LC NO

AND DATE AND IMPORT UNDER NON-

NEGATIVE LIST OF IMPORT EXPORT

POLICY AM

2 DISCREPANT DOCUMENTS TO BE SENT

STRICTLY ON COLLECTION BASIS

71B Details of charges Narrative ALL FOREIGN BANK CHARGES OUTSIDE

INDIA ARE FOR THE BENEFICIARYrsquoS

ACCOUNT

48 Period for presentation

Narrative

WITHIN ----- DAYS FROM THE DATE OF

BILL OF LADING AIRWAY BILL 49 Confirmation instructions

Instruction

WITHOUT

53D Reimbursing Bank

Name amp Address

BANKERS OF MDL WILL SPECIFY

78 Instructions to the Paying Accepting Bank

Narrative

BANKERS OF MDL WILL SPECIFY 72 Sender to Receiver Information

Narrative

BANKERS OF MDL WILL SPECIFY

GM(M)MTI2000007617Passivation Station

Page 39 of 45

Enclosure-7

PROFORMA BANK GUARANTEE FOR BID BOND EMD

(On Non-Judicial stamp paper of value Rs 500-)

IN CONSIDERATION OF MAZAGON DOCK SHIPBUILDERS LIMTED a company incorporated under the Companies Act 1956 and having its registered office at Dockyard Road Mumbai 400010 (hereinafter referred to as

the ldquothe Companyrdquo which expression shall unless it be repugnant or contrary to the subject or context thereof be

deemed to mean and include its successors and assigns) having agreed to accept the Earnest Money Deposit (EMD)

of Rs--------------------------- -------(Rupees-----------------------------only) in the form of Bank Guarantee from Messers

a partnership firmsole proprietor businessa company registered under the Companies Act 1956

having its office at (hereinafter called the tenderer which expression shall unless it be

repugnant or contrary to the subject or context thereof be deemed to mean and include its successors and assigns) for

participating in the Tender nodated (hereinafter called the tender which expression

shall include any amendmentsalterations to the tender issued by the Company) for the supply delivery at site

installation and commissioning of certain equipment itemservicescivil works etc We

Bank having office at (hereinafter referred to as ldquothe Bankrdquo which

expression shall includes its successors and assigns) hereby agree to pay to the Company without any demur on first

demand an amount not exceeding Rs (Rupeesonly) against any loss or damage costs charges and expenses caused to or suffered by the Company by reason of non performance and non-fulfilment or for

any breach on the part of the tenderer of any of the terms and conditions of the said tender

2 We Bank further agree that the Company shall be sole judge whether the said tenderer has

failed to perform or fulfil the said tender in terms thereof or committed breach of any terms and conditions of the

tender the extent of loss damage cost charges and expenses suffered or incurred or would be suffered or incurred by

the Company on account thereof and we waive in the favour of the Company all the rights and defences to which we

as guarantors may be entitled to

3 We Bank further agree that the amount demanded by the Company as such shall be final and

binding on the Bank as to the Bank s liability to pay and the amount demanded and the Bank undertake to pay the

Company the amount so demanded on first demand and without any demur notwithstanding any dispute raised by the

tenderer or any suit or other legal proceedings including arbitration pending before any court tribunal or arbitrator

relating thereto our liability under this guarantee being absolute and unconditional

4 We Bank further agree with the Company that the Company shall have the fullest liberty

without our consent and without affecting in any manner our obligations hereunder to vary any of the terms and

conditions of the said tenderor to extend time of performance by the tenderer from time to time or to postpone for

any time to time any of the powers exercisable by the Company against the tenderer and to forbear to enforce any of

the terms and conditions relating to the tender and we shall not be relieved from our liability by reason of any such

variation or extension being granted to the tenderer or for any forbearance act or omission on the part of the

Company or any indulgence by the Company to the tenderer or by any such matter or things whatsoever which under

the law relating to sureties would have the effect of relieving us

5 We Bank further undertake not to revoke this guarantee during its currency except with

the previous consent of the Company in writing

6 We Bank also agree that the Bankrsquos liability under this guarantee shall not be affected

by any change in the constitution of the tenderer or dissolution or winding up of the business of the tenderer

7 Notwithstanding anything contained herein above

i) Our liability under this guarantee shall not exceed Rs

ii) This Bank Guarantee shall be valid upto and including and

iii) We are liable to pay the guarantee amount or any part thereof under this Bank Guarantee only and only if you

serve upon us a written claim or demand on or before helliphelliphellip (validity + --- weeks from the date of expiry of this

guarantee)

8 This Guarantee shall be governed by Indian laws and the Courts at Mumbai India shall have the exclusive

jurisdiction

GM(M)MTI2000007617Passivation Station

Page 40 of 45

IN WITNESS WHEREOF the Bank has executed this document on this day

of

For Bank

(by its constituted attorney

or the person authorized to sign)

(Signature of a person authorized

to sign on behalf of the Bank)

GM(M)MTI2000007617Passivation Station

Page 41 of 45

Enclosure-8

PROFORMA BANK GUARANTEE FOR SECURITY DEPOSIT (ILLUSTRATIVE FORMAT)

(On Non-Judicial stamp paper of value Rs 500)

IN CONSIDERATION OF MAZAGON DOCK SHIPBUILDERS LIMTED a company incorporated under the

Companies Act 1956 and having its registered office at Dockyard Road Mumbai 400010 (hereinafter referred to as

the ldquothe Purchaserrdquo which expression shall unless it be repugnant or contrary to the subject or context thereof be

deemed to mean and include its successors and assigns) having placed an order on Messers

a partnership firmsole proprietor businessa company registered under the Companies Act 1956

having its office at (hereinafter called the Contractor Supplier which expression shall unless it

be repugnant or contrary to the subject or context thereof be deemed to mean and include its successors and assigns)

vide order No dated (hereinafter called the order which expression shall include any

amendmentsalterations to the order issued by the Purchaser) for the supply delivery at site installation and

commissioning of certain equipment itemservicescivil works etc as stated in the said Order and the Purchaser

having agreed with the ContractorSupplier to accept a Bank Guarantee in lieu of Security Deposit payable under the

said order for the fulfilment and performance of the said order We Bank having

office at (hereinafter referred to as the Bank which expression shall includes its

successors and assigns) hereby agree to pay to the Purchaser without any demur on first demand an amount not

exceeding Rs (Rupeesonly) being 5 of the order value against any loss or damage costs

charges and expenses caused to or suffered by the Purchaser by reason of non performance and non-fulfilment or for

any breach on the part of the Contractor Supplier of any of the terms and conditions of the said order

2 We Bank further agree that the Purchaser shall be sole judge whether the said

contractorSupplier has failed to perform or fulfil the said order in terms thereof or committed breach of any terms

and conditions of the order and the extent of loss damage cost charges and expenses suffered or incurred or would

be suffered or incurred by the Purchaser on account thereof and we waive in the favour

of the Purchaser all the rights and defences to which we as guarantors may be entitled to

3 We Bank further agree that the amount demanded by the Purchaser as such shall be final and

binding on the Bank as to the Bank s liability to pay and the amount demanded and the Bank undertake to pay the

Purchaser the amount so demanded on first demand and without any demur notwithstanding any dispute raised by the

ContractorSupplier or any suit or other legal proceedings including arbitration pending before any court tribunal or

arbitrator relating thereto our liability under this guarantee being absolute and unconditional

4 We Bank further agree with the Purchaser that the Purchaser shall have the fullest liberty

without our consent and without affecting in any manner our obligations hereunder to vary any of the terms and

conditions of the said orderor to extend time of performance by the Supplier from time to time or to

postpone for any time to time any of the powers exercisable by the Purchaser against the Contractor Supplier and to

forbear to enforce any of the terms and conditions relating to the order and we shall not be relieved from our liability

by reason of any such variation or extension being granted to the Contractor Supplier or for any forbearance act or

omission on the part of the Purchaser or any indulgence by the

Purchaser to the ContractorSupplier or by any such matter or things whatsoever which under the law relating to

sureties would have the effect of relieving us

5 We Bank further undertake not to revoke this guarantee during its currency except with

the previous consent of the Purchaser in writing

6 We Bank also agree that the Bankrsquos liability under this guarantee shall not be affected

by any change in the constitution of the Contractor Supplier or dissolution or winding up of the business of the

contractor supplier

7 Notwithstanding anything contained herein above

i) Our liability under this guarantee shall not exceed Rs

ii) This Bank Guarantee shall be valid upto and including and

GM(M)MTI2000007617Passivation Station

Page 42 of 45

iii) We are liable to pay the guarantee amount or any part thereof under this Bank Guarantee only and only if you

serve upon us a written claim or demand on or before helliphelliphelliphellip(validity + ---weeks from the date of expiry of this

guarantee)

8 This Guarantee shall be governed by Indian laws and the Courts at Mumbai India

shall have the exclusive jurisdiction

IN WITNESS WHEREOF the Bank has executed this document on

this day of

For Bank

(by its constituted attorney)

(Signature of a person authorised

to sign on behalf of the Bank)

GM(M)MTI2000007617Passivation Station

Page 43 of 45

Enclosure-9

PROFORMA BANK GUARANTEE FOR PERFORMANCE (ILLUSTRATIVE FORMAT)

(On Non-Judicial stamp paper of value Rs 500-)

IN CONSIDERATION OF MAZAGON DOCK SHIPBUILDERS LIMTED a company incorporated under the

Companies Act 1956 and having its registered office at Dockyard Road Mumbai 400010 (hereinafter referred to as

the ldquothe Purchaserrdquo which expression shall unless it be repugnant or contrary to the subject or context thereof be

deemed to mean and include its successors and assigns) having placed an order on Messers a

partnership firmsole proprietor businessa company registered under the Companies Act 1956 having its Registered

office at (hereinafter called the Contractor Supplier which expression shall unless it be

repugnant or contrary to the subject or context thereof be deemed to mean and include its successors and assigns)

vide order No dated (hereinafter called the order which expression shall include any

amendmentsalterations to the order issued by the Purchaser) for the supply delivery at site installation and

commissioning of certain equipment itemservicescivil works etc as stated in the said Order and the Purchaser

having agreed that the Contractor Supplier shall furnish a security for the performance of the Contractorrsquos

Suppliers obligations andor discharge of the Contractorrsquos Suppliers liability in connection with the said order and

the Purchaser having agreed with the ContractorSupplier to accept a performance guarantee We

Bank having office at (hereinafter referred to as the

Bank which expression shall includes its successors and assigns) hereby agree to pay to the Purchaser without any

demur on first demand an amount not exceeding Rs (Rupeesonly) being 10 of the order

value against any loss or damage costs charges and expenses caused to or suffered by the Purchaser by reason of

non-performance and non-fulfilment or for any breach on the part of the Contractor Supplier of any of the terms and

conditions of the said order

2 We Bank further agree that the Purchaser shall be sole judge whether the said

ContractorSupplier has failed to perform or fulfil the said order in terms thereof or committed breach of any terms

and conditions of the order and the extent of loss damage cost charges and expenses suffered or incurred or would

be suffered or incurred by the Purchaser on account thereof and we waive in the favour of

the Purchaser all the rights and defences to which we as guarantors may be entitled to

3 We Bank further agree that the amount demanded by the Purchaser as such shall be final and

binding on the Bank as to the Bank s liability to pay and the amount demanded and the Bank undertake to pay the

Purchaser the amount so demanded on first demand and without any demur otwithstanding any dispute raised by the

ContractorSupplier or any suit or other legal proceedings including arbitration pending before any court tribunal or

arbitrator relating thereto our liability under this guarantee being absolute and unconditional

4 We Bank further agree with the Purchaser that the Purchaser shall have the fullest liberty

without our consent and without affecting in any manner our obligations hereunder to vary any of the terms and

conditions of the said orderor to extend time of performance by the Supplier from time to time or to postpone for

any time to time any of the powers exercisable by the Purchaser against the Contractor

Supplier and to forbear to enforce any of the terms and conditions relating to the order and we shall not be relieved

from our liability by reason of any such variation or extension being granted to the Contractor Supplier or for any

forbearance act or omission on the part of the Purchaser or any indulgence by the Purchaser to the

ContractorSupplier or by any such matter or things whatsoever which under the law

relating to sureties would have the effect of relieving us

5 We Bank further undertake not to revoke this guarantee during its currency except with

the previous consent of the Purchaser in writing

6 We Bank also agree that the Bankrsquos liability under this guarantee shall not be affected

by any change in the constitution of the Contractor Supplier or

dissolutionhelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

7 Notwithstanding anything contained herein above

i) Our liability under this guarantee shall not exceed Rs

ii) This Bank Guarantee shall be valid upto and including and

GM(M)MTI2000007617Passivation Station

Page 44 of 45

iii) We are liable to pay the guarantee amount or any part thereof under this Bank Guarantee only and only if you

serve upon us a written claim or demand on or before helliphelliphellip (validity + ---weeks from the date of expiry of this

guarantee)

8 This Guarantee shall be governed by Indian laws and the Courts at Mumbai India shall have the exclusive

jurisdiction

IN WITNESS WHEREOF the Bank has executed this document on

this day of

For Bank

(by its constituted attorney)

(Signature of a person authorised

to sign on behalf of the Bank)

GM(M)MTI2000007617Passivation Station

Page 45 of 45

Enclosure-10

Electronic Payment Mandate Form

(MDL Bank details)

Name of the CompanyFirm Mazagon Dock Shipbuilders Limited

Address with Phone no Dockyard Road Mumbai ndash 400010

E-Mail ID

Phone No +91 22 23745310

Fax No

Particulars of Bank Account

Name of the Bank State Bank of India

Name of the Branch Mazagon Dock Mumbai Branch

Branch Code 9054

Bank IFSC NEFT Code SBIN0009054

Bank Address MBPT Workshop building NV Nakhwa Road Mazagon - 400010

City Name Mumbai

Telephone No of Bank +91 22 23752802

9 digit code no of bank amp branch

appearing on the MICR cheque

issued by your bank

400002120

Type of Account Current Account

Account No 10005255246

Income Tax PAN No AAACM8029J

Page 26: Final Tender - Mazagon Dock Shipbuilders...DIVISION-SHIP BUILDING DEPARTMENT-MATERIAL PROCUREMENT Tender no.: GM(M)/MTI/2000007617 for the Engineering, Manufacturing, Supply/Installation,

GM(M)MTI2000007617Passivation Station

Page 26 of 45

Enclosure ndash 1

Instructions to the Bidders for uploading the Techno-Commercial Bid and the Price Bid through E-

Procurement Portal

bullbullbullbull Official service provider for the website is NIC

E-mail eproc-supportgovin Office Ph No 0120-4200462 0120-4001002 Ph No +91-8826246593

bullbullbullbull Pre-requisites for up-loading the Techno-Commercial Bid

(i) Compatible computer hardware software set-up to access e-procure website

(ii) ldquoDigital Signature Certificaterdquo class III B (DSC) is a must for downloading the tender and uploading

the techno commercial offer from our website httpseprocuremdlnicin

(iii) ldquoDigital Signature Certificaterdquo class III B (DSC) can be obtained from our service provider

bullbullbullbull To ensure availability of above prerequisite is bidders responsibility

(i) It is mandatory to upload the complete techno-commercial offer and the price bid on e-

procurement

(ii) No part of the bid other than original EMD (if applicable) shall be accepted physically hard copy

outside e-procurement

(iii) Price bids shall strictly be uploaded in appropriate allotted place in the tender available in e-

procurement so that it remains secured encrypted unreadable in the system

(iv) In no circumstances the price bids shall be forwarded or uploaded in any other form

(v) Entire responsibility of the uploading of the complete techno-commercial bid along with the price

bid shall be that of the bidder

(vi) No request complaint shall be entertained after the due datetime of the tender

(vii) Non availability of any of the prerequisites or last minute calls seeking clarifications projecting

problems shall not entitle a bidder to seek request for extension of due date

(viii) Any problem with regard to uploading of the tender shall be intimated to NIC at least 24 hours in

advance to the tender closing time amp date However it will not be considered as reason for extension

of due date of the tender

(ix) Request for extension if at all to be made shall be forwarded at least 3 working days in advance to

the tender closing date time with proper reasoning The request shall be put up to the competent

authority for consideration on the merit of the case MDL reserves all rights in this regard amp decision

of MDL shall be binding to the applicant

It is important to note that the bidders can upload their bids right from the time the tender is available

at website It is advisable that the bidder uploads the bid well in time rather than wait till last minute

to avoid situations wherein he is unable to successfully upload the bid for various reasons which

cannot be addressed then due to lack of time

bullbullbullbull Special instructions to Bidders for online bidding

GM(M)MTI2000007617Passivation Station

Page 27 of 45

(i) Bidders should login well in advance to enable them to complete their bid submission before the

closing time of the tender

(ii) Bidders should submit their bid well in advance to avoid last minute frantic calls

(iii) Bidders should follow all the instructions enlisted on the front page of e-procure web page

(iv) Bidders should ensure Hardware amp Software compatibility as well as Digital Signature available on

front page of e-procure web site Request for extension of due date shall not be entertained due to

non-availability of these tools

bullbullbullbull Bidders to participate in on-line bidding

(i) By registering with above referred portal for User ID and password

(ii) By obtaining class III DSC (Digital Signature Certificate) for secured bidding

NOTE In case any vendor intending to respond against the tender and is not having the DSC to facilitate

uploading of his bid should approach the Service Provider at least 10 working days in advance of the tender

closing date requesting DSC The request so made to the Service Provider should simultaneously be

forwarded to MDL Dealing Officer In case the DSC is not received within 3 to 4 working days the GM (M)

be informed and the DSC if not received from the Service Provider three working days in advance for

suitable extension to tender closing date then only the tender due date shall be considered

GM(M)MTI2000007617Passivation Station

Page 28 of 45

Annexure-2

Illustrative format amp guideline for quoting prices in online Price Bid

Below format of price bid will appear online Indigenous bidders to follow instructions given in each respective

cell while quoting their cost in online price bid -

Item Sr no 1

Material Description As per clause No 1

Quantity As per clause No 1

Set Set

Currency INR USD EURO

For Indian Bidder Basic Unit Rate in INR only

For Foreign Bidder CIF Rate to be entered by the foreign

currency

To be quoted

of CGST+SGST or IGST on Basic rate To be quoted

Installation Commissioning Charges per Unit To be quoted

of CGST+SGST or IGST on Installation Commissioning

Charges To be quoted

Inspection Testing Charges per Unit To be quoted

of CGST+SGST or IGST on Inspection Testing Charges To be quoted

GM(M)MTI2000007617Passivation Station

Page 29 of 45

Enclosure-3

STANDARD TERMS AND CONDITIONS (STACS) 101 The word Purchaser refers to MAZAGON DOCK SHIPBUILDERS LIMITED (MDL) a Company

registered under the Indian Companies Act 1913 and it includes its successors or assignees

102 The word BidderVendorContractor means the person firm Company who undertakes to

manufacture and or supply and or undertake work of any nature assigned by the Purchaser from time to time

and includes its successors or assignees

103 The word Owner means the person or authority with whom MAZAGON DOCK SHIPBUILDERS

LIMITED (Purchaser) has contracted to carry out work in relation to which orders are placed by the

Purchaser on the BidderVendorContractor under this contract for supply or manufacture of certain items

and would include Department of Defence Production Ministry of Defence Government of India the Indian

Navy the Coast Guard and any other specified authority

120 GENERAL 121 Unless otherwise indicated specifically by the bidder contractor in his bid it shall be construed as his

acceptance of all the conditions mentioned in this STACS

200 COMMUNICATION amp LANGUAGE FOR DOCUMENTATION 201 Any letter facsimile message e-mail intimation or notice sent to the BidderVendorContractor at the

last known address mentioned in the offer order shall be deemed to be valid communication for the purpose

of the ordercontract Unless stated otherwise by the purchaser Language for communication amp all

documentation shall be same which the Purchaser has used in the tender enquiry

210 PURCHASERrsquoS PROPERTY 211 All property (such as materials drawings documents etc) issued by the Purchaser or any other

individual or firm on behalf of the Purchaser in connection with the contract shall remain confidential being

the property of the Purchaser and the BidderVendorContractor shall undertake to return all such property so

issued and will be responsible for any or all loss thereof and damage thereto resulting from whatever causes

and shall reimburse the Purchaser the full amount of loss and damage

212 On completion of work in any compartment location of the purchaserrsquos premises the

BidderSupplierContractor must ensure that the place is left in a reasonably clean state and all scrap is

transferred to nearby scrap-bins

220 RISK PURCHASE 221 If the equipment article service or any portion thereof be not delivered performed by the scheduled

delivery date period any stoppage or discontinuation of ordered supply awarded contract without written

consent by Purchaser or not meeting the required quality standards the Purchaser shall be at liberty without

prejudice to the right of the Purchaser to recover Liquidated Damages penalty as provided for in these

conditions or to any other remedy for breach of contract to terminate the contract either wholly or to the

extent of such default Amounts advanced or part thereof corresponding to the undelivered supply shall be

recoverable from the Contractor Bidder at the prevailing bank rate of interest

222 The Purchaser shall also be at liberty to purchase manufacture or supply from stock as it deems fit

other articles of the same or similar description to make good such default and or in the event of the contract

being terminated the balance of the articles of the remaining to be delivered there under Any excess over the

purchase price cost of manufacture or value of any articles supplied from the stock as the case may be over

the contract price shall be recoverable from the Bidder Vendor Contractor

230 RECOVERY ADJUSTMENT PROVISIONS 231 Payment made under one order shall not be assigned or adjusted to any other order except to the extent

agreed upon in writing by the Purchaser During the currency of the contract if any sum of money is payable

by the Bidder Vendor Contractor the same shall be deducted from any sum then due or thereafter may

become due to the Bidder Vendor Contractor under the contract or any other contract with the Purchaser

240 ADDITIONAL BANK GUARANTEE In case after opening of price bid of technically cleared firms it is noted that L-1 firm has quoted very low

rates and indicates to withdraw from the tender then EMD shall be forfeited and firm may be given tender

holiday including intimation to other PSUs If the rates quoted are less than MDL estimates by 40 or so and

if the difference in rate between L1 and L2 is 30 or more then the firm will have to give additional BG of

20 of the PO value as additional security Bank charges for this additional BG shall be borne by MDL and

reimbursed against proof of payment

250 INDEMNIFICATION 251 The Bidder Vendor Contractor his employees licencees agents or Sub-Vendor Sub-contractor

while on site of the Purchaser for the purpose of this contract indemnifies the Purchaser against direct

GM(M)MTI2000007617Passivation Station

Page 30 of 45

damage and or injury to the property and or the person of the Purchaser or that of Purchasers employees

agents Sub- Contractors Suppliers occurring and to the extent caused by the negligence of the Bidder

Vendor Contractor his employees licencees agents or Sub-contractor by making good such damages to the

property or compensating personal injury and the total liability for such damages or injury shall be as

mutually discussed and agreed to

260 TRANSFER OF VENDORS CONTRACTORrsquoS RIGHTS 261 The Bidder Vendor Contractor shall not either wholly or partly sell transfer assign or otherwise

dispose of the rights liabilities and obligations under the contract between him and the Purchaser without

prior consent of the Purchaser in writing

270 SUBCONTRACT amp RIGHT OF PURCHASER 271 The Bidder Vendor Contractor under no circumstances undertake or subcontract any work contract

from or to any other Sub-contractor without prior written approval of the Competent Authority of Purchaser

In the event it is found that such practice has been indulged in the contract is liable to be terminated without

notice and the Bidder Vendor Contractor is debarred all from future tender enquiries work orders

However in no circumstances a contractor is permitted to subcontract any part of the contract to the bidders

who had quoted for the concerned tender

280 PATENT RIGHTS 281 The Bidder Vendor Contractor shall hold harmless and keep the Purchaser indemnified against all

claims arising as a result of infringement of any patent copy rights on account of manufacture sale or use of

articles covered by the order

290 AGENTS AGENCY COMMISSION

291 The seller confirms and declares to the buyer that the seller is the original manufacturer or authorized

distributorstockiest of original manufacturer of the stores referred to in this contract and has not engaged any

individual or firm whether Indian or foreign whatsoever to intercede facilitate or in any way to

recommended to the Buyer or any of its functionaries whether officially or unofficially to the award of the

Contract Purchase order to the Seller nor has any amount been paid promised or intended to be paid to any

such individual or firm in respect of any such intercession facilitation or recommendation The Seller agrees

that if it is established at any time to the satisfaction of the Buyer that the present declaration is in any way

incorrect or if at a later stage it is discovered by the Buyer that the Seller has engaged any such

individualfirm and paid or intended to pay any amount gift reward fees commission or consideration to

such person party firm or institution whether before or after the signing of this Contract Purchase order

the Seller

will be liable to refund that amount to the Buyer

Tender no GM (M)GRA2000007246 Page 16 of 26

The seller will also be debarred from participation in any RFQTender for new projectsprogram with Buyer

for a minimum period of five years

The buyer will also have a right to consider cancellation of the Contract either wholly or in part without any

entitlement or compensation to the Seller who shall in such event be liable to refund all payments made by

the buyer in terms of the Contract along with interest at the rate of 2 per annum above LIBOR (London

Inter Bank Offer Rate) (for foreign vendors) and base rate of SBI plus 2 (for Indian Vendors)

The Buyer will also have the right to recover any such amount from any contracts concluded earlier with

Buyer

300 USE OF UNDUE INFLUENCE CORRUPT PRACTICES

301 The Bidder Supplier Contractor undertakes that he has not given offered or promised to give directly

or indirectly any gift consideration reward commission fees brokerage or inducement to any person in

service of the Purchaser or otherwise in procuring the contract or forbearing to do or for having done or

forborne to do any act in relation to the obtaining or execution of the Contract with the Purchaser for showing

or forbearing to show favour or disfavour to any person in relation to the Contract or any other Contract with

the Purchaser Any breach of the aforesaid undertaking by the Bidder Supplier Contractor or any one

employed by him or acting on his behalf (whether with or without the knowledge of the Bidder Supplier

Contractor) or the commission of any offence by the Bidder Supplier Contractor or any one employed by

him or acting on his behalf as defined in Chapter IX of the Indian Penal Code 1980 or the Prevention of

Corruption Act 1947 or any other Act enacted or the prevention of corruption shall entitle the Purchaser to

cancel the contract and all or any other contracts with the Bidder Contractor Supplier and recover from the

Bidder Supplier Contractor the amount of any loss arising from such cancellation Decision of the

Purchaser or his nominee to the effect that a breach of the undertaking has been committed shall be final and

binding on the Bidder Supplier Contractor

302 The Bidder Supplier Contractor shall not offer or agree to give any person in the employment of

GM(M)MTI2000007617Passivation Station

Page 31 of 45

Purchaser any gift or consideration of any kind as Inducement or reward for doing or forbearing to do or

for having done or forborne to do any act in relation to the obtaining or execution of the contracts Any

breach of the aforesaid condition by the Bidder Supplier Contractor or any one employed by them or

acting on their behalf (whether with or without the knowledge of the Bidder Supplier Contractor) or the

commission of any offence by the Bidder Supplier Contractor or by any one employed by them or acting

on their behalf which shall be punishable under the Indian Penal Code 1980 andor the Prevention of

Corruption by Public Servants shall entitle Purchaser to cancel the contracts and all or any other contracts

and then to recover from the Bidder Supplier Contractor the amounts of any loss arising from such

contracts cancellation including but not limited to imposition of penal damages forfeiture of Security

Deposit encashment of the Bank Guarantee and refund of the amounts paid by the Purchaser

303 In case it is found to the satisfaction of the Purchaser that the Bidder Supplier Contractor has

engaged an Agent or paid commission or influenced any person to obtain the contract as described in clauses

relating to Agents Agency Commission and use of undue Influence the Bidder Supplier Contractor on a

specific request of the Purchaser shall provide necessary information inspection of the relevant financial

document information

310 IMMUNITY OF GOVERNMENT OF INDIA CLAUSE 311 It is expressly understood and agreed by and between Ms (Bidder Supplier Contractor) and

MAZAGON DOCK SHIPBUILDERS LIMITED Dockyard Road Mumbai - 400 010 (MDL) is entering

into this Agreement solely on its own behalf and not on the behalf of any person or entity In particular it is

expressly understood and agreed that the Government of India is not a party to this Agreement and has no

liabilities obligations or rights hereunder It is expressly understood and agreed that MDL is an independent

legal entity with power and authority to enter into contracts solely in its own behalf under the applicable of

Laws of India and general principles of Contract Law The (Bidder Supplier Contractor) expressly agrees

acknowledges and understands that MDL is not an agent representative or delegate of the Government of

India It is further understood and agreed that the Government of India is not and shall not be liable for any

acts omissions and commissions breaches or other wrongs arising out of the contract Accordingly (Bidder

Supplier Contractor) hereby expressly waives releases and foregoes any and all actions or claims including

cross claims impleader claims or counter claims against the Government of India arising out of this contract

and covenants not to sue Government of India in any manner claim cause of action or thing whatsoever

arising of or under this Agreement

320 EXPORT LICENCE 321 The export licenses that may be required for delivery of the various itemsequipment to MDL shall be

arranged by the Bidder Supplier Contractor from the concerned authorities in their country without any

time amp cost implications on the Purchaser

330 BANNED OR DE-LISTED CONTRACTORS VENDORS 331 The Bidder Vendor Contractor declares that they being Proprietors Directors Partners have not

been any time individually or collectively blacklisted or banned or de-listed by any Government or quasi

Government agencies or PSUs If a bidderrsquos entities as stated above have been blacklisted or banned or delisted

by any Government or quasi Government agencies or PSUs this fact must be clearly stated and it may

not necessarily be a cause for disqualifying him

340 DUTY OF PERSONNEL OF SUPPLIERVENDOR 341 MDL being a Defence Organization Bidder Vendor Contractor undertakes that their personnel

deployed in connection with the entrusted work will not indulge in any activities other than the duties

assigned to them

350 DISPUTE RESOLUTION MECHANISM AND ARBITRATION

351 DISPUTE RESOLUTION MECHANISM (DRM) i) Any disputedifferences between the parties arising out of and in connection with the contract shall be

settled amicably by mutual negotiations

ii) In case of non-settlement by (i) above if at any time before during or after the contract period any

unsettled claim dispute or difference arose between the parties upon or in relation to or in connection with

or in any way touching or concerning this tenderagreementordercontract the same shall be referred to the

concerned Functional Director

The Functional Director shall then nominate an Executive of the rank of General Manager whom he thinks fit

and competent or a Committee of Executives whowhich shall then scrutinise the claimsdisputes that have

been referred to the concerned functional Director and make efforts for amicable settlements by mutual

discussionsnegotiations

iii) In case no amicable settlement is arrived by (ii) above within a period of three months then the contractor

shall approach Public Grievance Cell and address the disputes as per the provisions made under the relevant

GM(M)MTI2000007617Passivation Station

Page 32 of 45

clause of the contract

iv) In case the issuesdisputes do not get settled within a period of six months from the date of

submission of the dispute to the Grievance Cell then the contractor may invoke Arbitration Clause of the

contract

352 ARBITRATION Unresolved disputesdifferences if any shall then be settled by arbitration The

Arbitration proceedings shall be conducted at Mumbai India in English Language under the Arbitration amp

Conciliation Act 1996

MDL prefers to have arbitration through Institutes such as Indian Council of Arbitration (ICA)ICA-DR with

the mutual consent of the parties

353 In case of unresolved differencedispute between the Purchaser and Supplier being Central Public

Sector EnterprisesCentral Govt departments the disputes shall be resolved firstly through mutual discussion

or through the empowered agencies of the Govt or through arbitration by reference by either party to the

department of Public Enterprises as per extant guidelines If disputesdifferences remain

unresolvedunexecuted the same shall be referred first to the Cabinet Secretariat and then if necessary to the

PMO

354 Any changes to arbitration clause must be vetted by HOD (Legal) before incorporation in

contractPO

360 JURISDICTION OF COURTS 361 All contracts shall be deemed to have been wholly made in Mumbai and all claims there under are

payable in Mumbai City and it is the distinct condition of the order that no suit or action for the purpose of

enforcing any claim in respect of the order shall be instituted in any Court other than that situated in Mumbai

City Maharashtra State India ie courts in Mumbai shall alone have jurisdiction to decide upon any dispute

arising out of or in respect of the contract

-----------------------

GM(M)MTI2000007617Passivation Station

Page 33 of 45

Enclosure-4

GENERAL TERMS amp CONDITIONS (GTampC)

A10 Blank

A20 SECURITY DEPOSIT A21 The successful bidder shall submit a Security Deposit 5 of the contract order value (excluding

taxes duties freight service component) of the Order in the form of Demand Draft Bank Guarantee in the

prescribed format in favour of Purchaser within 25 days from date of Contract The Security Deposit will be

returned only after the successful execution of the order contract Refund of Security Deposit whenever

considered admissible by the Purchaser shall be without interest only

A30 FORFEITURE OF EMD BID BOND A31 In cases of withdrawal of bid during validity period or during any extension granted thereof non

acceptance of agreed conditions of Technical and or Commercial and or Price Negotiations non-submission

of the security deposit and or non-acceptance of the order the EMD or bid security will be forfeited or

encashed as the case may be

A40 FORFEITURE OF SECURITY DEPOSIT A41 Non-performance of agreed terms and or defaultbreach by BidderVendorContractor will result in

forfeiture of security deposit with application of risk purchase provisions as felt appropriate by the Purchaser

A50 FORFEITURE OF PERFORMANCE GUARANTEE A51 In the event of BidderVendorContractor failure to attend the Guarantee defects within a reasonable

period of time the Performance Bank Guarantee will be encashed by the Purchaser The Purchaserrsquos decision

shall be final and binding on BidderVendorContractor

A60 SUPPLIES A61 The equipment products items Services to be supplied shall be strictly in accordance with the

Drawings Specifications Requirements indicated in the Tender Enquiry Order with deviations if any as

mutually accepted

A70 PROGRESS REPORTING amp MONITORING A71 Where so stipulated in the order the Bidder Supplier Contractor shall render such reports from time

to time as regards the progress of the contract and in such a form as may be called for by the Purchaser

A80 CANCELLATION OF ORDER A81The Purchaser reserves the right to cancel an order forthwith without any financial implications on either

side if on completion of 50 of the scheduled deliveryCompletion period the progress of

manufactureSupply is not to the satisfaction of Purchaser and failure on the part of the

BidderVendorContractor to comply with the delivery schedule is inevitable In such an event the

BidderVendorContractor shall repay all the advances together with interest at prevailing bank rates from the

date of receipt of such advances till date of repayment The title of any property delivered to Purchaser will

be reverted to the BidderVendorContractor at his cost

A82 In case of breach non-compliance of any of the agreed terms amp conditions of order contract MDL

reserves the right to recover consequential damages from the vendor contractor on account of such

premature termination of contract

A83 In case of delay beyond agreed period for liquidated damages or 10weeks from contractual delivery

period whichever is earlier MDL reserves the right to cancel the order and procure the order items services

from any available source at MDLrsquos option amp discretion and entirely at your risk and cost Extra expenditure

incurred by MDL in doing will be recoverable from Bidder Supplier Contractor

A90 PRESERVATION AND MAINTENANCE

A91 Should any material require any preservation till its final installationfitment the detailed procedure

(Long term amp short term) for the same as also the time of interval after which the state of preservation needs

to be reviewed is to be stated by the BidderVendorContractor

A92 Further the de-preservation prior to the materialequipment being commissioned and the maintenance

procedure together with its periodicity is also to be indicated by the Bidder Vendor Contractor

A93 The Bidder Vendor Contractor in their offer must confirm that indigenous oil lubricants and

preservatives etc can be used in the equipment The bidder must also give assurance that the equipment

performance will not be downgraded by use of indigenous equivalents

A100 FREIGHT amp INSURANCE

A101 For Indigenous Bidders In cases where the offers are for Door Delivery to Purchaser transit freight

amp Insurance charges shall be borne by the Bidder Supplier Contractor In other agreed cases of Ex-works

Ex-Transporters warehouse or Railway godown offers the Bidder Supplier Contractor on dispatch shall

give details of materials with dispatch particulars and their value in time to Purchasers Insurance Company

GM(M)MTI2000007617Passivation Station

Page 34 of 45

on the contact details as provided in the order In such agreed cases the freight amp insurance charges will be

paid by the purchaser directly to the parties concerned

A102 For Foreign Bidders For overseas supplies on CIF port of dispatch basis Transit Insurance shall be

arranged by the Purchaser The Bidder Supplier Contractor shall immediately on despatch of the

items inform all relevant details of despatch such as Order number Bill of LadingAWB number

marked as Freight Paid Insurance policydocument number of packages value of consignment

invoice number in time directly to Purchasers Insurance company amp Purchaser on the contact details

as provided in the order In case of delivery term other than CIFCIP the freight amp insurance charges

will be paid by the purchaser directly to the parties concerned

A110 TAXES amp DUTIES STATUTORY LEVIES A111 Taxes and duties applicable if any shall be regularized by MDL by issuing necessary exemption

certificates in respect of procurement for Defence Projects Bidder shall indicate separately the GST and

duties applicable in their offer When the items qualify for exemption partlyfully but the supplier did not

avail of the same the amount of taxes and duties on such supplies shall be to supplierrsquos account In cases

where exemption certificates are not issued for any reason taxes shall be paid as indicated in the Purchase

OrderContract Tax deduction at source will be effected wherever applicable (eg TDS under Income tax

Act TDS on Works Contract under GST Act etc) from the bills of the Supplier as per statutes Similarly

where payment of Custom duty is agreed to and stipulated in the Purchase Order Contract the same will be

paid by the Purchaser on receipt of supplierrsquos bills along with Custom Certified Duty Paid Challan-Money

Receipt in original or carbon copy as relevant These Challans Receipts Bill of Entry are to be drawn issued

in the name of lsquoMAZAGON DOCK SHIPBUILDERS LIMITEDrsquo only Where payment of GST is agreed to

and stipulated in the Purchase Order Contract the same will be paid by the Purchaser on the basis of

Suppliers TAX INVOICE wherein the GST Number along with HSN SAC code is indicated in the Invoice

A120 DEMURRAGE A121 Storage and Demurrage charges will be payable by the Bidder Vendor Contractor for all shipments

that reach purchaser without proper dispatch documentations Lorry Receipts not accompanied by packing

lists invoices etc The Supplier shall be responsible for fines due to errors or omissions in description weight

or measurements and for increased handling charges due to improper packing

A130 INSPECTION TESTING A131The ordered items will be inspected either by Classification Society Nominated Agency and or by

Inspection Officer nominated by Purchaser at stages defined in the tender Purchase Order or as agreed to be

defined subsequently in terms of the Purchase Order

A132 The decision of the Inspecting Authority or their representatives as the case may be on any question

of the intent meaning and the scope of Specifications Standards shall be final conclusive and binding on

the Bidder Vendor Contractor

A133 The Bidder Vendor Contractor shall accord all facilities to Purchasers Inspectors Nominated

Agency to carry out Inspection Testing during course of manufacture final testing

A140 RECEIPT INSPECTION BY MDL A141 MDL shall carry out necessary inspection of the items on receipt on the basis of an appropriate quality

assurance system and inspection system requirements along with representative of the Owner Any objection

raised by MDL Quality Control Team against quality of materials or workmanship shall be satisfactorily

corrected by the Contractor at his expense including replacement as may be required within shortest possible

time within 30 days Items damaged during transit shall also be rectified replaced by the Contractor within

shortest possible time payment for which shall be made at mutually agreed rates

A150 REJECTION OF MATERIALS A151 Should the articles or any portion thereof of the equipment be found defective rejected the Bidder

Vendor Contractor shall collect the same from the Purchasers Stores all incidental charges being borne by

him (inclusive of Custom duty if payable) within 30 days from the date of intimation to the Bidder Vendor

Contractor of such rejection The Purchaser reserves the right to dispose off the rejected items at the end of

a total period of 90 days in any manner to the best advantage to the Purchaser and recover storage charges

and any consequential damages from sale proceeds of such disposal

A160 TECHNOLOGICAL DEVELOPMENTS MODIFICATIONS

A161 The Bidder Supplier Contractor shall unconditionally and free of cost to the Purchaser transfer

information on technological developments innovations modifications which the BidderSupplier

Contractor would evolve in future (within 3 years) in relation to the supplied equipment To enable this the

Purchasers address shall be added to the Bidder Supplier Contractorrsquos mailing list or database or any other

document maintained for dissemination of product information and the Purchaser shall be informed of the

GM(M)MTI2000007617Passivation Station

Page 35 of 45

action taken in this regard If such improvements modifications are brought in by the Bidder Supplier

Contractorrsquos Design Department in the course of manufacture of equipment ordered by the Purchaser the

Bidder Supplier Contractor shall incorporate such improved versions in the equipment without any extra

cost to the Purchaser under Purchaserrsquos prior consent

A162 If the Purchaser be desirous of getting incorporated all post supply modifications improvements

arising out of technological developments to the original equipment supplied by the Bidder Supplier

Contractor the Bidder Supplier Contractor shall quote for and carry out all such modifications to the

equipment

A163 Where the whole or a portion of the equipment has been specifically developed by the Bidder

Supplier Contractor for the Owner and the latter would through the Purchaser be bearing the entire or part

of the development cost incurred by the Bidder Supplier Contractor the design rights for the whole or

portion thereof of the equipment as appropriate shall vest in the Owners

A164 Prior approval of the Owner should be obtained before similar articles are sold supplied to any other

party other than the Owner If such approval is given and sale is effected the Bidder Supplier Contractor

shall pay to the Owner royalty at the rate mutually agreed to

A165 The Sub-contractor Supplier Supplier shall continue to support the equipment for a minimum period

of 20 years from the date of supply by making available spare parts and assemblies of the equipment

supplied Should the Sub-contractor Supplier Supplier decides to discontinue the product for any reason

whatsoever adequate notice shall be given to the Purchaser Owner to enable procurement of the requisite

lifetime spares

A170 PURCHASERrsquoS RIGHT TO ACCEPT ANY BID PART OF BID AND TO REJECT ANY OR

ALL BIDS A171 The Purchaser reserves the right to accept and or reject any or all tenders and or to withdraw the tender

in Toto and or award the contract order in full or part to more than one vendor contractor without

assigning any reason whatsoever and without thereby incurring any liability to the affected Bidder or Bidders

or any obligations to inform the affected Bidder or Bidders of the grounds for MDL action

A180 BANK GUARANTEE INSURANCE COVER FOR FREE ISSUE MATERIAL A181 The Bidder Supplier Contractor shall furnish Bank Guarantee insurance Cover equivalent to the

value of materials supplied by MDL free of cost valid up to the execution of the contract delivery of

material inspected accepted and receipt at MDL together with the material reconciliation statement

whichever is later

A190 BIDDERrsquoS RESPONSE IN CASE OF NO PARTICIPATION A191 The Sub-contractor Supplier Vendor shall inform the Purchaser in advance in case he is unable to

participate in the tender for whatsoever reason Failure to comply with this will be viewed seriously and

consecutive three failures on the part of Sub-contractor Supplier Vendor to do so is liable for

disqualification debarring of the Sub-contractor Supplier Vendor from all future tender enquiries and or

delisting from the list of Approved Registered Vendors

A230 PREFERENCETIAL PURCHASE FROM MSE VENDORS ndash Not Applicable MDL has right to place order on MSE firm meeting following criteria

In tenders if participating MSEs quoted prices are within price band of L1+15 such MSEs shall also be

allowed to supply a portion up to 20 of requirement by bringing down their prices to L1 price where L1 is

non MSEs If more than 1 MSEs fall under such criteria then this 20 shall be distributed proportionally

This preference shall not be applicable where MSE firm is L1 firm out of 20 percent target of annual

procurement from Micro and Small Enterprises a sub-target of 20 percent (ie 4 percent out of 20 percent)

shall be earmarked for procurement from Micro and Small Enterprises owned by the Scheduled Caste or the

Scheduled Tribe Entrepreneurs In respect of items reserved for MSE extant guidelines shall be followed

Presently Circular No SO 581(E) dated 23032012 is applicable

GM(M)MTI2000007617Passivation Station

Page 36 of 45

Annexure-5

LOADING FACTORS A

Sr

No

Description Foreign Supplier

100 import content

Indigenous

Supplier with part

Import content

Indigenous

Supplier without

Import content

1 Basic Price Quoted

CIF

a a Ex Works

b b Delivered to

MDL Stores

a Ex Works

b Delivered to

MDL Stores

2 Add Insurance Charges Nil In case of 1 (a) In case of 1 (a)

3 Add Sea Air Freight charges

Inland Road Transport Nil In case of 1 (a) In case of 1 (a)

4

Customs Clearance Port

Handling Transportation to

Yard

Applicable NIL NIL

5

Cost (ex-MDL) excluding taxes

amp duties without loading

towards any deviations

CIF price +

SrNo4 Sr Nos (1+2+3) Sr Nos (1+2+3)

B LOADINGS DUE TO VARIATIONS IN FINANCIAL TERM

6 Variation in payment Terms

Varied payment terms quoted by bidders as compared to the terms stated

in the tender document shall be normalized on the amount(s) at variation

and or for the period (in no of days) at variation by adopting the Prime

Lending Rate of State Bank India plus 2 thereon incase of indigenous

bidders and LIBOR EURIBOR rates in case of foreign bidders

7

Income tax amp Service Tax on

Technical Services Service

Engineers liability to MDL

Normalization shall be done in respect of the amount of tax that have to

be borne by the Company

8 Production norms such as

scrap output ndash input ratio

9 Base date for price variation

clause

1

0

Cost (ex-MDL) excluding taxes

amp duties after loading for

variations in financial term

(SR Nos 5 + 6 + 7 + 8 + 9)

C LOADING ON ACCOUNT OF DEVIATIONS IN FOLLOWING COMMERCIAL TERMS

11

Security Deposit Contract

Performance Guarantee Mandatory

12

Equipment Performance

Guarantee Mandatory

13

Additional delivery period

sought over stipulated period as

per Tender

For the additional period sought by the bidder over the stipulated date of

delivery as per tender 050 per week for delayed period will be loaded

to the quoted price if the period under variation does not lead to bid

rejection criteria 14 Additional time sought for

supplying binding data

15 Liquidated damages per week

rate Maximum Ceiling

If bidder seeks less than 5 (Max ceiling) then the difference will be

loaded

The rate of LD per week or part thereof is 05 If bidder seeks say 04

per week or part thereof then Max Ceiling of LD will be equated to

weeks (Say 10 weeks) then LD proposed by bidder works out to 10 X 04

= 4 then 1 will be loaded

16 Warranty Guarantee

Deviations in respect of the period of Warranty shall be loaded to the

quoted price 025 per month or part thereof This does not arise if

the bidder quotes additional price for the differential period

GM(M)MTI2000007617Passivation Station

Page 37 of 45

17

Cost (Ex-MDL) excluding taxes

amp duties after loading for

variations on account of

financial and commercial terms

Sr Nos 10 + 11 + 12 + 13 + 14 + 15 + 16

D LANDED COST

18

Taxes amp Duties

19

Landed Cost Sr Nos 17 + 18

GM(M)MTI2000007617Passivation Station

Page 38 of 45

Annexure-6

LETTER OF CREDIT FORMAT FOR SHIPMENT BY SEA AIR

40A Form of Documentary Credit Type IRREVOCABLE

20 Transaction Reference Number Documentary

Credit Number

31C Date of Issue Date

31D Date and Place of Expiry Date

Place NEGOTIATING BANK

51A Applicant Bank BIC BANKERS OF MDLMUMBAI

50 Applicant Name amp Address MAZAGON DOCK SHIPBUILDERS LTD

DOCKYARD ROAD MAZAGON MUMBAI ndash

400 010

59 Beneficiary Name amp Address

32B Currency Code Amount

Currency

Amount

39A Percentage Credit Amount Tolerance

Tolerance 1

Tolerance 2

41D Available with hellipByhellip Name amp Address

42C Draft at hellip Narrative SIGHTNEGOTIATION

42D Drawee Name amp Address BANKERS OF MDLMUMBAI

43P Partial Shipments Narrative ALLOWEDNOT ALLOWED

43T Transhipment Narrative ALLOWEDNOT ALLOWED

44A Loading on Board Dispatch Narrative AIRPORT SEAPORT (AS PER TENDER

ENQUIRYORDER)

44B For Transportation to Narrative AIRPORT SEAPORT (AS PER TENDER

ENQUIRYORDER)

44C Latest Date of Shipment Date

46A Documents required Narrative (AS PER TENDER ENQUIRY)

47A Additional conditions Narrative 1 ALL DOCUMENTS SHOULD BE MARKED

WITH IEC CODE NO0388070412 LC NO

AND DATE AND IMPORT UNDER NON-

NEGATIVE LIST OF IMPORT EXPORT

POLICY AM

2 DISCREPANT DOCUMENTS TO BE SENT

STRICTLY ON COLLECTION BASIS

71B Details of charges Narrative ALL FOREIGN BANK CHARGES OUTSIDE

INDIA ARE FOR THE BENEFICIARYrsquoS

ACCOUNT

48 Period for presentation

Narrative

WITHIN ----- DAYS FROM THE DATE OF

BILL OF LADING AIRWAY BILL 49 Confirmation instructions

Instruction

WITHOUT

53D Reimbursing Bank

Name amp Address

BANKERS OF MDL WILL SPECIFY

78 Instructions to the Paying Accepting Bank

Narrative

BANKERS OF MDL WILL SPECIFY 72 Sender to Receiver Information

Narrative

BANKERS OF MDL WILL SPECIFY

GM(M)MTI2000007617Passivation Station

Page 39 of 45

Enclosure-7

PROFORMA BANK GUARANTEE FOR BID BOND EMD

(On Non-Judicial stamp paper of value Rs 500-)

IN CONSIDERATION OF MAZAGON DOCK SHIPBUILDERS LIMTED a company incorporated under the Companies Act 1956 and having its registered office at Dockyard Road Mumbai 400010 (hereinafter referred to as

the ldquothe Companyrdquo which expression shall unless it be repugnant or contrary to the subject or context thereof be

deemed to mean and include its successors and assigns) having agreed to accept the Earnest Money Deposit (EMD)

of Rs--------------------------- -------(Rupees-----------------------------only) in the form of Bank Guarantee from Messers

a partnership firmsole proprietor businessa company registered under the Companies Act 1956

having its office at (hereinafter called the tenderer which expression shall unless it be

repugnant or contrary to the subject or context thereof be deemed to mean and include its successors and assigns) for

participating in the Tender nodated (hereinafter called the tender which expression

shall include any amendmentsalterations to the tender issued by the Company) for the supply delivery at site

installation and commissioning of certain equipment itemservicescivil works etc We

Bank having office at (hereinafter referred to as ldquothe Bankrdquo which

expression shall includes its successors and assigns) hereby agree to pay to the Company without any demur on first

demand an amount not exceeding Rs (Rupeesonly) against any loss or damage costs charges and expenses caused to or suffered by the Company by reason of non performance and non-fulfilment or for

any breach on the part of the tenderer of any of the terms and conditions of the said tender

2 We Bank further agree that the Company shall be sole judge whether the said tenderer has

failed to perform or fulfil the said tender in terms thereof or committed breach of any terms and conditions of the

tender the extent of loss damage cost charges and expenses suffered or incurred or would be suffered or incurred by

the Company on account thereof and we waive in the favour of the Company all the rights and defences to which we

as guarantors may be entitled to

3 We Bank further agree that the amount demanded by the Company as such shall be final and

binding on the Bank as to the Bank s liability to pay and the amount demanded and the Bank undertake to pay the

Company the amount so demanded on first demand and without any demur notwithstanding any dispute raised by the

tenderer or any suit or other legal proceedings including arbitration pending before any court tribunal or arbitrator

relating thereto our liability under this guarantee being absolute and unconditional

4 We Bank further agree with the Company that the Company shall have the fullest liberty

without our consent and without affecting in any manner our obligations hereunder to vary any of the terms and

conditions of the said tenderor to extend time of performance by the tenderer from time to time or to postpone for

any time to time any of the powers exercisable by the Company against the tenderer and to forbear to enforce any of

the terms and conditions relating to the tender and we shall not be relieved from our liability by reason of any such

variation or extension being granted to the tenderer or for any forbearance act or omission on the part of the

Company or any indulgence by the Company to the tenderer or by any such matter or things whatsoever which under

the law relating to sureties would have the effect of relieving us

5 We Bank further undertake not to revoke this guarantee during its currency except with

the previous consent of the Company in writing

6 We Bank also agree that the Bankrsquos liability under this guarantee shall not be affected

by any change in the constitution of the tenderer or dissolution or winding up of the business of the tenderer

7 Notwithstanding anything contained herein above

i) Our liability under this guarantee shall not exceed Rs

ii) This Bank Guarantee shall be valid upto and including and

iii) We are liable to pay the guarantee amount or any part thereof under this Bank Guarantee only and only if you

serve upon us a written claim or demand on or before helliphelliphellip (validity + --- weeks from the date of expiry of this

guarantee)

8 This Guarantee shall be governed by Indian laws and the Courts at Mumbai India shall have the exclusive

jurisdiction

GM(M)MTI2000007617Passivation Station

Page 40 of 45

IN WITNESS WHEREOF the Bank has executed this document on this day

of

For Bank

(by its constituted attorney

or the person authorized to sign)

(Signature of a person authorized

to sign on behalf of the Bank)

GM(M)MTI2000007617Passivation Station

Page 41 of 45

Enclosure-8

PROFORMA BANK GUARANTEE FOR SECURITY DEPOSIT (ILLUSTRATIVE FORMAT)

(On Non-Judicial stamp paper of value Rs 500)

IN CONSIDERATION OF MAZAGON DOCK SHIPBUILDERS LIMTED a company incorporated under the

Companies Act 1956 and having its registered office at Dockyard Road Mumbai 400010 (hereinafter referred to as

the ldquothe Purchaserrdquo which expression shall unless it be repugnant or contrary to the subject or context thereof be

deemed to mean and include its successors and assigns) having placed an order on Messers

a partnership firmsole proprietor businessa company registered under the Companies Act 1956

having its office at (hereinafter called the Contractor Supplier which expression shall unless it

be repugnant or contrary to the subject or context thereof be deemed to mean and include its successors and assigns)

vide order No dated (hereinafter called the order which expression shall include any

amendmentsalterations to the order issued by the Purchaser) for the supply delivery at site installation and

commissioning of certain equipment itemservicescivil works etc as stated in the said Order and the Purchaser

having agreed with the ContractorSupplier to accept a Bank Guarantee in lieu of Security Deposit payable under the

said order for the fulfilment and performance of the said order We Bank having

office at (hereinafter referred to as the Bank which expression shall includes its

successors and assigns) hereby agree to pay to the Purchaser without any demur on first demand an amount not

exceeding Rs (Rupeesonly) being 5 of the order value against any loss or damage costs

charges and expenses caused to or suffered by the Purchaser by reason of non performance and non-fulfilment or for

any breach on the part of the Contractor Supplier of any of the terms and conditions of the said order

2 We Bank further agree that the Purchaser shall be sole judge whether the said

contractorSupplier has failed to perform or fulfil the said order in terms thereof or committed breach of any terms

and conditions of the order and the extent of loss damage cost charges and expenses suffered or incurred or would

be suffered or incurred by the Purchaser on account thereof and we waive in the favour

of the Purchaser all the rights and defences to which we as guarantors may be entitled to

3 We Bank further agree that the amount demanded by the Purchaser as such shall be final and

binding on the Bank as to the Bank s liability to pay and the amount demanded and the Bank undertake to pay the

Purchaser the amount so demanded on first demand and without any demur notwithstanding any dispute raised by the

ContractorSupplier or any suit or other legal proceedings including arbitration pending before any court tribunal or

arbitrator relating thereto our liability under this guarantee being absolute and unconditional

4 We Bank further agree with the Purchaser that the Purchaser shall have the fullest liberty

without our consent and without affecting in any manner our obligations hereunder to vary any of the terms and

conditions of the said orderor to extend time of performance by the Supplier from time to time or to

postpone for any time to time any of the powers exercisable by the Purchaser against the Contractor Supplier and to

forbear to enforce any of the terms and conditions relating to the order and we shall not be relieved from our liability

by reason of any such variation or extension being granted to the Contractor Supplier or for any forbearance act or

omission on the part of the Purchaser or any indulgence by the

Purchaser to the ContractorSupplier or by any such matter or things whatsoever which under the law relating to

sureties would have the effect of relieving us

5 We Bank further undertake not to revoke this guarantee during its currency except with

the previous consent of the Purchaser in writing

6 We Bank also agree that the Bankrsquos liability under this guarantee shall not be affected

by any change in the constitution of the Contractor Supplier or dissolution or winding up of the business of the

contractor supplier

7 Notwithstanding anything contained herein above

i) Our liability under this guarantee shall not exceed Rs

ii) This Bank Guarantee shall be valid upto and including and

GM(M)MTI2000007617Passivation Station

Page 42 of 45

iii) We are liable to pay the guarantee amount or any part thereof under this Bank Guarantee only and only if you

serve upon us a written claim or demand on or before helliphelliphelliphellip(validity + ---weeks from the date of expiry of this

guarantee)

8 This Guarantee shall be governed by Indian laws and the Courts at Mumbai India

shall have the exclusive jurisdiction

IN WITNESS WHEREOF the Bank has executed this document on

this day of

For Bank

(by its constituted attorney)

(Signature of a person authorised

to sign on behalf of the Bank)

GM(M)MTI2000007617Passivation Station

Page 43 of 45

Enclosure-9

PROFORMA BANK GUARANTEE FOR PERFORMANCE (ILLUSTRATIVE FORMAT)

(On Non-Judicial stamp paper of value Rs 500-)

IN CONSIDERATION OF MAZAGON DOCK SHIPBUILDERS LIMTED a company incorporated under the

Companies Act 1956 and having its registered office at Dockyard Road Mumbai 400010 (hereinafter referred to as

the ldquothe Purchaserrdquo which expression shall unless it be repugnant or contrary to the subject or context thereof be

deemed to mean and include its successors and assigns) having placed an order on Messers a

partnership firmsole proprietor businessa company registered under the Companies Act 1956 having its Registered

office at (hereinafter called the Contractor Supplier which expression shall unless it be

repugnant or contrary to the subject or context thereof be deemed to mean and include its successors and assigns)

vide order No dated (hereinafter called the order which expression shall include any

amendmentsalterations to the order issued by the Purchaser) for the supply delivery at site installation and

commissioning of certain equipment itemservicescivil works etc as stated in the said Order and the Purchaser

having agreed that the Contractor Supplier shall furnish a security for the performance of the Contractorrsquos

Suppliers obligations andor discharge of the Contractorrsquos Suppliers liability in connection with the said order and

the Purchaser having agreed with the ContractorSupplier to accept a performance guarantee We

Bank having office at (hereinafter referred to as the

Bank which expression shall includes its successors and assigns) hereby agree to pay to the Purchaser without any

demur on first demand an amount not exceeding Rs (Rupeesonly) being 10 of the order

value against any loss or damage costs charges and expenses caused to or suffered by the Purchaser by reason of

non-performance and non-fulfilment or for any breach on the part of the Contractor Supplier of any of the terms and

conditions of the said order

2 We Bank further agree that the Purchaser shall be sole judge whether the said

ContractorSupplier has failed to perform or fulfil the said order in terms thereof or committed breach of any terms

and conditions of the order and the extent of loss damage cost charges and expenses suffered or incurred or would

be suffered or incurred by the Purchaser on account thereof and we waive in the favour of

the Purchaser all the rights and defences to which we as guarantors may be entitled to

3 We Bank further agree that the amount demanded by the Purchaser as such shall be final and

binding on the Bank as to the Bank s liability to pay and the amount demanded and the Bank undertake to pay the

Purchaser the amount so demanded on first demand and without any demur otwithstanding any dispute raised by the

ContractorSupplier or any suit or other legal proceedings including arbitration pending before any court tribunal or

arbitrator relating thereto our liability under this guarantee being absolute and unconditional

4 We Bank further agree with the Purchaser that the Purchaser shall have the fullest liberty

without our consent and without affecting in any manner our obligations hereunder to vary any of the terms and

conditions of the said orderor to extend time of performance by the Supplier from time to time or to postpone for

any time to time any of the powers exercisable by the Purchaser against the Contractor

Supplier and to forbear to enforce any of the terms and conditions relating to the order and we shall not be relieved

from our liability by reason of any such variation or extension being granted to the Contractor Supplier or for any

forbearance act or omission on the part of the Purchaser or any indulgence by the Purchaser to the

ContractorSupplier or by any such matter or things whatsoever which under the law

relating to sureties would have the effect of relieving us

5 We Bank further undertake not to revoke this guarantee during its currency except with

the previous consent of the Purchaser in writing

6 We Bank also agree that the Bankrsquos liability under this guarantee shall not be affected

by any change in the constitution of the Contractor Supplier or

dissolutionhelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

7 Notwithstanding anything contained herein above

i) Our liability under this guarantee shall not exceed Rs

ii) This Bank Guarantee shall be valid upto and including and

GM(M)MTI2000007617Passivation Station

Page 44 of 45

iii) We are liable to pay the guarantee amount or any part thereof under this Bank Guarantee only and only if you

serve upon us a written claim or demand on or before helliphelliphellip (validity + ---weeks from the date of expiry of this

guarantee)

8 This Guarantee shall be governed by Indian laws and the Courts at Mumbai India shall have the exclusive

jurisdiction

IN WITNESS WHEREOF the Bank has executed this document on

this day of

For Bank

(by its constituted attorney)

(Signature of a person authorised

to sign on behalf of the Bank)

GM(M)MTI2000007617Passivation Station

Page 45 of 45

Enclosure-10

Electronic Payment Mandate Form

(MDL Bank details)

Name of the CompanyFirm Mazagon Dock Shipbuilders Limited

Address with Phone no Dockyard Road Mumbai ndash 400010

E-Mail ID

Phone No +91 22 23745310

Fax No

Particulars of Bank Account

Name of the Bank State Bank of India

Name of the Branch Mazagon Dock Mumbai Branch

Branch Code 9054

Bank IFSC NEFT Code SBIN0009054

Bank Address MBPT Workshop building NV Nakhwa Road Mazagon - 400010

City Name Mumbai

Telephone No of Bank +91 22 23752802

9 digit code no of bank amp branch

appearing on the MICR cheque

issued by your bank

400002120

Type of Account Current Account

Account No 10005255246

Income Tax PAN No AAACM8029J

Page 27: Final Tender - Mazagon Dock Shipbuilders...DIVISION-SHIP BUILDING DEPARTMENT-MATERIAL PROCUREMENT Tender no.: GM(M)/MTI/2000007617 for the Engineering, Manufacturing, Supply/Installation,

GM(M)MTI2000007617Passivation Station

Page 27 of 45

(i) Bidders should login well in advance to enable them to complete their bid submission before the

closing time of the tender

(ii) Bidders should submit their bid well in advance to avoid last minute frantic calls

(iii) Bidders should follow all the instructions enlisted on the front page of e-procure web page

(iv) Bidders should ensure Hardware amp Software compatibility as well as Digital Signature available on

front page of e-procure web site Request for extension of due date shall not be entertained due to

non-availability of these tools

bullbullbullbull Bidders to participate in on-line bidding

(i) By registering with above referred portal for User ID and password

(ii) By obtaining class III DSC (Digital Signature Certificate) for secured bidding

NOTE In case any vendor intending to respond against the tender and is not having the DSC to facilitate

uploading of his bid should approach the Service Provider at least 10 working days in advance of the tender

closing date requesting DSC The request so made to the Service Provider should simultaneously be

forwarded to MDL Dealing Officer In case the DSC is not received within 3 to 4 working days the GM (M)

be informed and the DSC if not received from the Service Provider three working days in advance for

suitable extension to tender closing date then only the tender due date shall be considered

GM(M)MTI2000007617Passivation Station

Page 28 of 45

Annexure-2

Illustrative format amp guideline for quoting prices in online Price Bid

Below format of price bid will appear online Indigenous bidders to follow instructions given in each respective

cell while quoting their cost in online price bid -

Item Sr no 1

Material Description As per clause No 1

Quantity As per clause No 1

Set Set

Currency INR USD EURO

For Indian Bidder Basic Unit Rate in INR only

For Foreign Bidder CIF Rate to be entered by the foreign

currency

To be quoted

of CGST+SGST or IGST on Basic rate To be quoted

Installation Commissioning Charges per Unit To be quoted

of CGST+SGST or IGST on Installation Commissioning

Charges To be quoted

Inspection Testing Charges per Unit To be quoted

of CGST+SGST or IGST on Inspection Testing Charges To be quoted

GM(M)MTI2000007617Passivation Station

Page 29 of 45

Enclosure-3

STANDARD TERMS AND CONDITIONS (STACS) 101 The word Purchaser refers to MAZAGON DOCK SHIPBUILDERS LIMITED (MDL) a Company

registered under the Indian Companies Act 1913 and it includes its successors or assignees

102 The word BidderVendorContractor means the person firm Company who undertakes to

manufacture and or supply and or undertake work of any nature assigned by the Purchaser from time to time

and includes its successors or assignees

103 The word Owner means the person or authority with whom MAZAGON DOCK SHIPBUILDERS

LIMITED (Purchaser) has contracted to carry out work in relation to which orders are placed by the

Purchaser on the BidderVendorContractor under this contract for supply or manufacture of certain items

and would include Department of Defence Production Ministry of Defence Government of India the Indian

Navy the Coast Guard and any other specified authority

120 GENERAL 121 Unless otherwise indicated specifically by the bidder contractor in his bid it shall be construed as his

acceptance of all the conditions mentioned in this STACS

200 COMMUNICATION amp LANGUAGE FOR DOCUMENTATION 201 Any letter facsimile message e-mail intimation or notice sent to the BidderVendorContractor at the

last known address mentioned in the offer order shall be deemed to be valid communication for the purpose

of the ordercontract Unless stated otherwise by the purchaser Language for communication amp all

documentation shall be same which the Purchaser has used in the tender enquiry

210 PURCHASERrsquoS PROPERTY 211 All property (such as materials drawings documents etc) issued by the Purchaser or any other

individual or firm on behalf of the Purchaser in connection with the contract shall remain confidential being

the property of the Purchaser and the BidderVendorContractor shall undertake to return all such property so

issued and will be responsible for any or all loss thereof and damage thereto resulting from whatever causes

and shall reimburse the Purchaser the full amount of loss and damage

212 On completion of work in any compartment location of the purchaserrsquos premises the

BidderSupplierContractor must ensure that the place is left in a reasonably clean state and all scrap is

transferred to nearby scrap-bins

220 RISK PURCHASE 221 If the equipment article service or any portion thereof be not delivered performed by the scheduled

delivery date period any stoppage or discontinuation of ordered supply awarded contract without written

consent by Purchaser or not meeting the required quality standards the Purchaser shall be at liberty without

prejudice to the right of the Purchaser to recover Liquidated Damages penalty as provided for in these

conditions or to any other remedy for breach of contract to terminate the contract either wholly or to the

extent of such default Amounts advanced or part thereof corresponding to the undelivered supply shall be

recoverable from the Contractor Bidder at the prevailing bank rate of interest

222 The Purchaser shall also be at liberty to purchase manufacture or supply from stock as it deems fit

other articles of the same or similar description to make good such default and or in the event of the contract

being terminated the balance of the articles of the remaining to be delivered there under Any excess over the

purchase price cost of manufacture or value of any articles supplied from the stock as the case may be over

the contract price shall be recoverable from the Bidder Vendor Contractor

230 RECOVERY ADJUSTMENT PROVISIONS 231 Payment made under one order shall not be assigned or adjusted to any other order except to the extent

agreed upon in writing by the Purchaser During the currency of the contract if any sum of money is payable

by the Bidder Vendor Contractor the same shall be deducted from any sum then due or thereafter may

become due to the Bidder Vendor Contractor under the contract or any other contract with the Purchaser

240 ADDITIONAL BANK GUARANTEE In case after opening of price bid of technically cleared firms it is noted that L-1 firm has quoted very low

rates and indicates to withdraw from the tender then EMD shall be forfeited and firm may be given tender

holiday including intimation to other PSUs If the rates quoted are less than MDL estimates by 40 or so and

if the difference in rate between L1 and L2 is 30 or more then the firm will have to give additional BG of

20 of the PO value as additional security Bank charges for this additional BG shall be borne by MDL and

reimbursed against proof of payment

250 INDEMNIFICATION 251 The Bidder Vendor Contractor his employees licencees agents or Sub-Vendor Sub-contractor

while on site of the Purchaser for the purpose of this contract indemnifies the Purchaser against direct

GM(M)MTI2000007617Passivation Station

Page 30 of 45

damage and or injury to the property and or the person of the Purchaser or that of Purchasers employees

agents Sub- Contractors Suppliers occurring and to the extent caused by the negligence of the Bidder

Vendor Contractor his employees licencees agents or Sub-contractor by making good such damages to the

property or compensating personal injury and the total liability for such damages or injury shall be as

mutually discussed and agreed to

260 TRANSFER OF VENDORS CONTRACTORrsquoS RIGHTS 261 The Bidder Vendor Contractor shall not either wholly or partly sell transfer assign or otherwise

dispose of the rights liabilities and obligations under the contract between him and the Purchaser without

prior consent of the Purchaser in writing

270 SUBCONTRACT amp RIGHT OF PURCHASER 271 The Bidder Vendor Contractor under no circumstances undertake or subcontract any work contract

from or to any other Sub-contractor without prior written approval of the Competent Authority of Purchaser

In the event it is found that such practice has been indulged in the contract is liable to be terminated without

notice and the Bidder Vendor Contractor is debarred all from future tender enquiries work orders

However in no circumstances a contractor is permitted to subcontract any part of the contract to the bidders

who had quoted for the concerned tender

280 PATENT RIGHTS 281 The Bidder Vendor Contractor shall hold harmless and keep the Purchaser indemnified against all

claims arising as a result of infringement of any patent copy rights on account of manufacture sale or use of

articles covered by the order

290 AGENTS AGENCY COMMISSION

291 The seller confirms and declares to the buyer that the seller is the original manufacturer or authorized

distributorstockiest of original manufacturer of the stores referred to in this contract and has not engaged any

individual or firm whether Indian or foreign whatsoever to intercede facilitate or in any way to

recommended to the Buyer or any of its functionaries whether officially or unofficially to the award of the

Contract Purchase order to the Seller nor has any amount been paid promised or intended to be paid to any

such individual or firm in respect of any such intercession facilitation or recommendation The Seller agrees

that if it is established at any time to the satisfaction of the Buyer that the present declaration is in any way

incorrect or if at a later stage it is discovered by the Buyer that the Seller has engaged any such

individualfirm and paid or intended to pay any amount gift reward fees commission or consideration to

such person party firm or institution whether before or after the signing of this Contract Purchase order

the Seller

will be liable to refund that amount to the Buyer

Tender no GM (M)GRA2000007246 Page 16 of 26

The seller will also be debarred from participation in any RFQTender for new projectsprogram with Buyer

for a minimum period of five years

The buyer will also have a right to consider cancellation of the Contract either wholly or in part without any

entitlement or compensation to the Seller who shall in such event be liable to refund all payments made by

the buyer in terms of the Contract along with interest at the rate of 2 per annum above LIBOR (London

Inter Bank Offer Rate) (for foreign vendors) and base rate of SBI plus 2 (for Indian Vendors)

The Buyer will also have the right to recover any such amount from any contracts concluded earlier with

Buyer

300 USE OF UNDUE INFLUENCE CORRUPT PRACTICES

301 The Bidder Supplier Contractor undertakes that he has not given offered or promised to give directly

or indirectly any gift consideration reward commission fees brokerage or inducement to any person in

service of the Purchaser or otherwise in procuring the contract or forbearing to do or for having done or

forborne to do any act in relation to the obtaining or execution of the Contract with the Purchaser for showing

or forbearing to show favour or disfavour to any person in relation to the Contract or any other Contract with

the Purchaser Any breach of the aforesaid undertaking by the Bidder Supplier Contractor or any one

employed by him or acting on his behalf (whether with or without the knowledge of the Bidder Supplier

Contractor) or the commission of any offence by the Bidder Supplier Contractor or any one employed by

him or acting on his behalf as defined in Chapter IX of the Indian Penal Code 1980 or the Prevention of

Corruption Act 1947 or any other Act enacted or the prevention of corruption shall entitle the Purchaser to

cancel the contract and all or any other contracts with the Bidder Contractor Supplier and recover from the

Bidder Supplier Contractor the amount of any loss arising from such cancellation Decision of the

Purchaser or his nominee to the effect that a breach of the undertaking has been committed shall be final and

binding on the Bidder Supplier Contractor

302 The Bidder Supplier Contractor shall not offer or agree to give any person in the employment of

GM(M)MTI2000007617Passivation Station

Page 31 of 45

Purchaser any gift or consideration of any kind as Inducement or reward for doing or forbearing to do or

for having done or forborne to do any act in relation to the obtaining or execution of the contracts Any

breach of the aforesaid condition by the Bidder Supplier Contractor or any one employed by them or

acting on their behalf (whether with or without the knowledge of the Bidder Supplier Contractor) or the

commission of any offence by the Bidder Supplier Contractor or by any one employed by them or acting

on their behalf which shall be punishable under the Indian Penal Code 1980 andor the Prevention of

Corruption by Public Servants shall entitle Purchaser to cancel the contracts and all or any other contracts

and then to recover from the Bidder Supplier Contractor the amounts of any loss arising from such

contracts cancellation including but not limited to imposition of penal damages forfeiture of Security

Deposit encashment of the Bank Guarantee and refund of the amounts paid by the Purchaser

303 In case it is found to the satisfaction of the Purchaser that the Bidder Supplier Contractor has

engaged an Agent or paid commission or influenced any person to obtain the contract as described in clauses

relating to Agents Agency Commission and use of undue Influence the Bidder Supplier Contractor on a

specific request of the Purchaser shall provide necessary information inspection of the relevant financial

document information

310 IMMUNITY OF GOVERNMENT OF INDIA CLAUSE 311 It is expressly understood and agreed by and between Ms (Bidder Supplier Contractor) and

MAZAGON DOCK SHIPBUILDERS LIMITED Dockyard Road Mumbai - 400 010 (MDL) is entering

into this Agreement solely on its own behalf and not on the behalf of any person or entity In particular it is

expressly understood and agreed that the Government of India is not a party to this Agreement and has no

liabilities obligations or rights hereunder It is expressly understood and agreed that MDL is an independent

legal entity with power and authority to enter into contracts solely in its own behalf under the applicable of

Laws of India and general principles of Contract Law The (Bidder Supplier Contractor) expressly agrees

acknowledges and understands that MDL is not an agent representative or delegate of the Government of

India It is further understood and agreed that the Government of India is not and shall not be liable for any

acts omissions and commissions breaches or other wrongs arising out of the contract Accordingly (Bidder

Supplier Contractor) hereby expressly waives releases and foregoes any and all actions or claims including

cross claims impleader claims or counter claims against the Government of India arising out of this contract

and covenants not to sue Government of India in any manner claim cause of action or thing whatsoever

arising of or under this Agreement

320 EXPORT LICENCE 321 The export licenses that may be required for delivery of the various itemsequipment to MDL shall be

arranged by the Bidder Supplier Contractor from the concerned authorities in their country without any

time amp cost implications on the Purchaser

330 BANNED OR DE-LISTED CONTRACTORS VENDORS 331 The Bidder Vendor Contractor declares that they being Proprietors Directors Partners have not

been any time individually or collectively blacklisted or banned or de-listed by any Government or quasi

Government agencies or PSUs If a bidderrsquos entities as stated above have been blacklisted or banned or delisted

by any Government or quasi Government agencies or PSUs this fact must be clearly stated and it may

not necessarily be a cause for disqualifying him

340 DUTY OF PERSONNEL OF SUPPLIERVENDOR 341 MDL being a Defence Organization Bidder Vendor Contractor undertakes that their personnel

deployed in connection with the entrusted work will not indulge in any activities other than the duties

assigned to them

350 DISPUTE RESOLUTION MECHANISM AND ARBITRATION

351 DISPUTE RESOLUTION MECHANISM (DRM) i) Any disputedifferences between the parties arising out of and in connection with the contract shall be

settled amicably by mutual negotiations

ii) In case of non-settlement by (i) above if at any time before during or after the contract period any

unsettled claim dispute or difference arose between the parties upon or in relation to or in connection with

or in any way touching or concerning this tenderagreementordercontract the same shall be referred to the

concerned Functional Director

The Functional Director shall then nominate an Executive of the rank of General Manager whom he thinks fit

and competent or a Committee of Executives whowhich shall then scrutinise the claimsdisputes that have

been referred to the concerned functional Director and make efforts for amicable settlements by mutual

discussionsnegotiations

iii) In case no amicable settlement is arrived by (ii) above within a period of three months then the contractor

shall approach Public Grievance Cell and address the disputes as per the provisions made under the relevant

GM(M)MTI2000007617Passivation Station

Page 32 of 45

clause of the contract

iv) In case the issuesdisputes do not get settled within a period of six months from the date of

submission of the dispute to the Grievance Cell then the contractor may invoke Arbitration Clause of the

contract

352 ARBITRATION Unresolved disputesdifferences if any shall then be settled by arbitration The

Arbitration proceedings shall be conducted at Mumbai India in English Language under the Arbitration amp

Conciliation Act 1996

MDL prefers to have arbitration through Institutes such as Indian Council of Arbitration (ICA)ICA-DR with

the mutual consent of the parties

353 In case of unresolved differencedispute between the Purchaser and Supplier being Central Public

Sector EnterprisesCentral Govt departments the disputes shall be resolved firstly through mutual discussion

or through the empowered agencies of the Govt or through arbitration by reference by either party to the

department of Public Enterprises as per extant guidelines If disputesdifferences remain

unresolvedunexecuted the same shall be referred first to the Cabinet Secretariat and then if necessary to the

PMO

354 Any changes to arbitration clause must be vetted by HOD (Legal) before incorporation in

contractPO

360 JURISDICTION OF COURTS 361 All contracts shall be deemed to have been wholly made in Mumbai and all claims there under are

payable in Mumbai City and it is the distinct condition of the order that no suit or action for the purpose of

enforcing any claim in respect of the order shall be instituted in any Court other than that situated in Mumbai

City Maharashtra State India ie courts in Mumbai shall alone have jurisdiction to decide upon any dispute

arising out of or in respect of the contract

-----------------------

GM(M)MTI2000007617Passivation Station

Page 33 of 45

Enclosure-4

GENERAL TERMS amp CONDITIONS (GTampC)

A10 Blank

A20 SECURITY DEPOSIT A21 The successful bidder shall submit a Security Deposit 5 of the contract order value (excluding

taxes duties freight service component) of the Order in the form of Demand Draft Bank Guarantee in the

prescribed format in favour of Purchaser within 25 days from date of Contract The Security Deposit will be

returned only after the successful execution of the order contract Refund of Security Deposit whenever

considered admissible by the Purchaser shall be without interest only

A30 FORFEITURE OF EMD BID BOND A31 In cases of withdrawal of bid during validity period or during any extension granted thereof non

acceptance of agreed conditions of Technical and or Commercial and or Price Negotiations non-submission

of the security deposit and or non-acceptance of the order the EMD or bid security will be forfeited or

encashed as the case may be

A40 FORFEITURE OF SECURITY DEPOSIT A41 Non-performance of agreed terms and or defaultbreach by BidderVendorContractor will result in

forfeiture of security deposit with application of risk purchase provisions as felt appropriate by the Purchaser

A50 FORFEITURE OF PERFORMANCE GUARANTEE A51 In the event of BidderVendorContractor failure to attend the Guarantee defects within a reasonable

period of time the Performance Bank Guarantee will be encashed by the Purchaser The Purchaserrsquos decision

shall be final and binding on BidderVendorContractor

A60 SUPPLIES A61 The equipment products items Services to be supplied shall be strictly in accordance with the

Drawings Specifications Requirements indicated in the Tender Enquiry Order with deviations if any as

mutually accepted

A70 PROGRESS REPORTING amp MONITORING A71 Where so stipulated in the order the Bidder Supplier Contractor shall render such reports from time

to time as regards the progress of the contract and in such a form as may be called for by the Purchaser

A80 CANCELLATION OF ORDER A81The Purchaser reserves the right to cancel an order forthwith without any financial implications on either

side if on completion of 50 of the scheduled deliveryCompletion period the progress of

manufactureSupply is not to the satisfaction of Purchaser and failure on the part of the

BidderVendorContractor to comply with the delivery schedule is inevitable In such an event the

BidderVendorContractor shall repay all the advances together with interest at prevailing bank rates from the

date of receipt of such advances till date of repayment The title of any property delivered to Purchaser will

be reverted to the BidderVendorContractor at his cost

A82 In case of breach non-compliance of any of the agreed terms amp conditions of order contract MDL

reserves the right to recover consequential damages from the vendor contractor on account of such

premature termination of contract

A83 In case of delay beyond agreed period for liquidated damages or 10weeks from contractual delivery

period whichever is earlier MDL reserves the right to cancel the order and procure the order items services

from any available source at MDLrsquos option amp discretion and entirely at your risk and cost Extra expenditure

incurred by MDL in doing will be recoverable from Bidder Supplier Contractor

A90 PRESERVATION AND MAINTENANCE

A91 Should any material require any preservation till its final installationfitment the detailed procedure

(Long term amp short term) for the same as also the time of interval after which the state of preservation needs

to be reviewed is to be stated by the BidderVendorContractor

A92 Further the de-preservation prior to the materialequipment being commissioned and the maintenance

procedure together with its periodicity is also to be indicated by the Bidder Vendor Contractor

A93 The Bidder Vendor Contractor in their offer must confirm that indigenous oil lubricants and

preservatives etc can be used in the equipment The bidder must also give assurance that the equipment

performance will not be downgraded by use of indigenous equivalents

A100 FREIGHT amp INSURANCE

A101 For Indigenous Bidders In cases where the offers are for Door Delivery to Purchaser transit freight

amp Insurance charges shall be borne by the Bidder Supplier Contractor In other agreed cases of Ex-works

Ex-Transporters warehouse or Railway godown offers the Bidder Supplier Contractor on dispatch shall

give details of materials with dispatch particulars and their value in time to Purchasers Insurance Company

GM(M)MTI2000007617Passivation Station

Page 34 of 45

on the contact details as provided in the order In such agreed cases the freight amp insurance charges will be

paid by the purchaser directly to the parties concerned

A102 For Foreign Bidders For overseas supplies on CIF port of dispatch basis Transit Insurance shall be

arranged by the Purchaser The Bidder Supplier Contractor shall immediately on despatch of the

items inform all relevant details of despatch such as Order number Bill of LadingAWB number

marked as Freight Paid Insurance policydocument number of packages value of consignment

invoice number in time directly to Purchasers Insurance company amp Purchaser on the contact details

as provided in the order In case of delivery term other than CIFCIP the freight amp insurance charges

will be paid by the purchaser directly to the parties concerned

A110 TAXES amp DUTIES STATUTORY LEVIES A111 Taxes and duties applicable if any shall be regularized by MDL by issuing necessary exemption

certificates in respect of procurement for Defence Projects Bidder shall indicate separately the GST and

duties applicable in their offer When the items qualify for exemption partlyfully but the supplier did not

avail of the same the amount of taxes and duties on such supplies shall be to supplierrsquos account In cases

where exemption certificates are not issued for any reason taxes shall be paid as indicated in the Purchase

OrderContract Tax deduction at source will be effected wherever applicable (eg TDS under Income tax

Act TDS on Works Contract under GST Act etc) from the bills of the Supplier as per statutes Similarly

where payment of Custom duty is agreed to and stipulated in the Purchase Order Contract the same will be

paid by the Purchaser on receipt of supplierrsquos bills along with Custom Certified Duty Paid Challan-Money

Receipt in original or carbon copy as relevant These Challans Receipts Bill of Entry are to be drawn issued

in the name of lsquoMAZAGON DOCK SHIPBUILDERS LIMITEDrsquo only Where payment of GST is agreed to

and stipulated in the Purchase Order Contract the same will be paid by the Purchaser on the basis of

Suppliers TAX INVOICE wherein the GST Number along with HSN SAC code is indicated in the Invoice

A120 DEMURRAGE A121 Storage and Demurrage charges will be payable by the Bidder Vendor Contractor for all shipments

that reach purchaser without proper dispatch documentations Lorry Receipts not accompanied by packing

lists invoices etc The Supplier shall be responsible for fines due to errors or omissions in description weight

or measurements and for increased handling charges due to improper packing

A130 INSPECTION TESTING A131The ordered items will be inspected either by Classification Society Nominated Agency and or by

Inspection Officer nominated by Purchaser at stages defined in the tender Purchase Order or as agreed to be

defined subsequently in terms of the Purchase Order

A132 The decision of the Inspecting Authority or their representatives as the case may be on any question

of the intent meaning and the scope of Specifications Standards shall be final conclusive and binding on

the Bidder Vendor Contractor

A133 The Bidder Vendor Contractor shall accord all facilities to Purchasers Inspectors Nominated

Agency to carry out Inspection Testing during course of manufacture final testing

A140 RECEIPT INSPECTION BY MDL A141 MDL shall carry out necessary inspection of the items on receipt on the basis of an appropriate quality

assurance system and inspection system requirements along with representative of the Owner Any objection

raised by MDL Quality Control Team against quality of materials or workmanship shall be satisfactorily

corrected by the Contractor at his expense including replacement as may be required within shortest possible

time within 30 days Items damaged during transit shall also be rectified replaced by the Contractor within

shortest possible time payment for which shall be made at mutually agreed rates

A150 REJECTION OF MATERIALS A151 Should the articles or any portion thereof of the equipment be found defective rejected the Bidder

Vendor Contractor shall collect the same from the Purchasers Stores all incidental charges being borne by

him (inclusive of Custom duty if payable) within 30 days from the date of intimation to the Bidder Vendor

Contractor of such rejection The Purchaser reserves the right to dispose off the rejected items at the end of

a total period of 90 days in any manner to the best advantage to the Purchaser and recover storage charges

and any consequential damages from sale proceeds of such disposal

A160 TECHNOLOGICAL DEVELOPMENTS MODIFICATIONS

A161 The Bidder Supplier Contractor shall unconditionally and free of cost to the Purchaser transfer

information on technological developments innovations modifications which the BidderSupplier

Contractor would evolve in future (within 3 years) in relation to the supplied equipment To enable this the

Purchasers address shall be added to the Bidder Supplier Contractorrsquos mailing list or database or any other

document maintained for dissemination of product information and the Purchaser shall be informed of the

GM(M)MTI2000007617Passivation Station

Page 35 of 45

action taken in this regard If such improvements modifications are brought in by the Bidder Supplier

Contractorrsquos Design Department in the course of manufacture of equipment ordered by the Purchaser the

Bidder Supplier Contractor shall incorporate such improved versions in the equipment without any extra

cost to the Purchaser under Purchaserrsquos prior consent

A162 If the Purchaser be desirous of getting incorporated all post supply modifications improvements

arising out of technological developments to the original equipment supplied by the Bidder Supplier

Contractor the Bidder Supplier Contractor shall quote for and carry out all such modifications to the

equipment

A163 Where the whole or a portion of the equipment has been specifically developed by the Bidder

Supplier Contractor for the Owner and the latter would through the Purchaser be bearing the entire or part

of the development cost incurred by the Bidder Supplier Contractor the design rights for the whole or

portion thereof of the equipment as appropriate shall vest in the Owners

A164 Prior approval of the Owner should be obtained before similar articles are sold supplied to any other

party other than the Owner If such approval is given and sale is effected the Bidder Supplier Contractor

shall pay to the Owner royalty at the rate mutually agreed to

A165 The Sub-contractor Supplier Supplier shall continue to support the equipment for a minimum period

of 20 years from the date of supply by making available spare parts and assemblies of the equipment

supplied Should the Sub-contractor Supplier Supplier decides to discontinue the product for any reason

whatsoever adequate notice shall be given to the Purchaser Owner to enable procurement of the requisite

lifetime spares

A170 PURCHASERrsquoS RIGHT TO ACCEPT ANY BID PART OF BID AND TO REJECT ANY OR

ALL BIDS A171 The Purchaser reserves the right to accept and or reject any or all tenders and or to withdraw the tender

in Toto and or award the contract order in full or part to more than one vendor contractor without

assigning any reason whatsoever and without thereby incurring any liability to the affected Bidder or Bidders

or any obligations to inform the affected Bidder or Bidders of the grounds for MDL action

A180 BANK GUARANTEE INSURANCE COVER FOR FREE ISSUE MATERIAL A181 The Bidder Supplier Contractor shall furnish Bank Guarantee insurance Cover equivalent to the

value of materials supplied by MDL free of cost valid up to the execution of the contract delivery of

material inspected accepted and receipt at MDL together with the material reconciliation statement

whichever is later

A190 BIDDERrsquoS RESPONSE IN CASE OF NO PARTICIPATION A191 The Sub-contractor Supplier Vendor shall inform the Purchaser in advance in case he is unable to

participate in the tender for whatsoever reason Failure to comply with this will be viewed seriously and

consecutive three failures on the part of Sub-contractor Supplier Vendor to do so is liable for

disqualification debarring of the Sub-contractor Supplier Vendor from all future tender enquiries and or

delisting from the list of Approved Registered Vendors

A230 PREFERENCETIAL PURCHASE FROM MSE VENDORS ndash Not Applicable MDL has right to place order on MSE firm meeting following criteria

In tenders if participating MSEs quoted prices are within price band of L1+15 such MSEs shall also be

allowed to supply a portion up to 20 of requirement by bringing down their prices to L1 price where L1 is

non MSEs If more than 1 MSEs fall under such criteria then this 20 shall be distributed proportionally

This preference shall not be applicable where MSE firm is L1 firm out of 20 percent target of annual

procurement from Micro and Small Enterprises a sub-target of 20 percent (ie 4 percent out of 20 percent)

shall be earmarked for procurement from Micro and Small Enterprises owned by the Scheduled Caste or the

Scheduled Tribe Entrepreneurs In respect of items reserved for MSE extant guidelines shall be followed

Presently Circular No SO 581(E) dated 23032012 is applicable

GM(M)MTI2000007617Passivation Station

Page 36 of 45

Annexure-5

LOADING FACTORS A

Sr

No

Description Foreign Supplier

100 import content

Indigenous

Supplier with part

Import content

Indigenous

Supplier without

Import content

1 Basic Price Quoted

CIF

a a Ex Works

b b Delivered to

MDL Stores

a Ex Works

b Delivered to

MDL Stores

2 Add Insurance Charges Nil In case of 1 (a) In case of 1 (a)

3 Add Sea Air Freight charges

Inland Road Transport Nil In case of 1 (a) In case of 1 (a)

4

Customs Clearance Port

Handling Transportation to

Yard

Applicable NIL NIL

5

Cost (ex-MDL) excluding taxes

amp duties without loading

towards any deviations

CIF price +

SrNo4 Sr Nos (1+2+3) Sr Nos (1+2+3)

B LOADINGS DUE TO VARIATIONS IN FINANCIAL TERM

6 Variation in payment Terms

Varied payment terms quoted by bidders as compared to the terms stated

in the tender document shall be normalized on the amount(s) at variation

and or for the period (in no of days) at variation by adopting the Prime

Lending Rate of State Bank India plus 2 thereon incase of indigenous

bidders and LIBOR EURIBOR rates in case of foreign bidders

7

Income tax amp Service Tax on

Technical Services Service

Engineers liability to MDL

Normalization shall be done in respect of the amount of tax that have to

be borne by the Company

8 Production norms such as

scrap output ndash input ratio

9 Base date for price variation

clause

1

0

Cost (ex-MDL) excluding taxes

amp duties after loading for

variations in financial term

(SR Nos 5 + 6 + 7 + 8 + 9)

C LOADING ON ACCOUNT OF DEVIATIONS IN FOLLOWING COMMERCIAL TERMS

11

Security Deposit Contract

Performance Guarantee Mandatory

12

Equipment Performance

Guarantee Mandatory

13

Additional delivery period

sought over stipulated period as

per Tender

For the additional period sought by the bidder over the stipulated date of

delivery as per tender 050 per week for delayed period will be loaded

to the quoted price if the period under variation does not lead to bid

rejection criteria 14 Additional time sought for

supplying binding data

15 Liquidated damages per week

rate Maximum Ceiling

If bidder seeks less than 5 (Max ceiling) then the difference will be

loaded

The rate of LD per week or part thereof is 05 If bidder seeks say 04

per week or part thereof then Max Ceiling of LD will be equated to

weeks (Say 10 weeks) then LD proposed by bidder works out to 10 X 04

= 4 then 1 will be loaded

16 Warranty Guarantee

Deviations in respect of the period of Warranty shall be loaded to the

quoted price 025 per month or part thereof This does not arise if

the bidder quotes additional price for the differential period

GM(M)MTI2000007617Passivation Station

Page 37 of 45

17

Cost (Ex-MDL) excluding taxes

amp duties after loading for

variations on account of

financial and commercial terms

Sr Nos 10 + 11 + 12 + 13 + 14 + 15 + 16

D LANDED COST

18

Taxes amp Duties

19

Landed Cost Sr Nos 17 + 18

GM(M)MTI2000007617Passivation Station

Page 38 of 45

Annexure-6

LETTER OF CREDIT FORMAT FOR SHIPMENT BY SEA AIR

40A Form of Documentary Credit Type IRREVOCABLE

20 Transaction Reference Number Documentary

Credit Number

31C Date of Issue Date

31D Date and Place of Expiry Date

Place NEGOTIATING BANK

51A Applicant Bank BIC BANKERS OF MDLMUMBAI

50 Applicant Name amp Address MAZAGON DOCK SHIPBUILDERS LTD

DOCKYARD ROAD MAZAGON MUMBAI ndash

400 010

59 Beneficiary Name amp Address

32B Currency Code Amount

Currency

Amount

39A Percentage Credit Amount Tolerance

Tolerance 1

Tolerance 2

41D Available with hellipByhellip Name amp Address

42C Draft at hellip Narrative SIGHTNEGOTIATION

42D Drawee Name amp Address BANKERS OF MDLMUMBAI

43P Partial Shipments Narrative ALLOWEDNOT ALLOWED

43T Transhipment Narrative ALLOWEDNOT ALLOWED

44A Loading on Board Dispatch Narrative AIRPORT SEAPORT (AS PER TENDER

ENQUIRYORDER)

44B For Transportation to Narrative AIRPORT SEAPORT (AS PER TENDER

ENQUIRYORDER)

44C Latest Date of Shipment Date

46A Documents required Narrative (AS PER TENDER ENQUIRY)

47A Additional conditions Narrative 1 ALL DOCUMENTS SHOULD BE MARKED

WITH IEC CODE NO0388070412 LC NO

AND DATE AND IMPORT UNDER NON-

NEGATIVE LIST OF IMPORT EXPORT

POLICY AM

2 DISCREPANT DOCUMENTS TO BE SENT

STRICTLY ON COLLECTION BASIS

71B Details of charges Narrative ALL FOREIGN BANK CHARGES OUTSIDE

INDIA ARE FOR THE BENEFICIARYrsquoS

ACCOUNT

48 Period for presentation

Narrative

WITHIN ----- DAYS FROM THE DATE OF

BILL OF LADING AIRWAY BILL 49 Confirmation instructions

Instruction

WITHOUT

53D Reimbursing Bank

Name amp Address

BANKERS OF MDL WILL SPECIFY

78 Instructions to the Paying Accepting Bank

Narrative

BANKERS OF MDL WILL SPECIFY 72 Sender to Receiver Information

Narrative

BANKERS OF MDL WILL SPECIFY

GM(M)MTI2000007617Passivation Station

Page 39 of 45

Enclosure-7

PROFORMA BANK GUARANTEE FOR BID BOND EMD

(On Non-Judicial stamp paper of value Rs 500-)

IN CONSIDERATION OF MAZAGON DOCK SHIPBUILDERS LIMTED a company incorporated under the Companies Act 1956 and having its registered office at Dockyard Road Mumbai 400010 (hereinafter referred to as

the ldquothe Companyrdquo which expression shall unless it be repugnant or contrary to the subject or context thereof be

deemed to mean and include its successors and assigns) having agreed to accept the Earnest Money Deposit (EMD)

of Rs--------------------------- -------(Rupees-----------------------------only) in the form of Bank Guarantee from Messers

a partnership firmsole proprietor businessa company registered under the Companies Act 1956

having its office at (hereinafter called the tenderer which expression shall unless it be

repugnant or contrary to the subject or context thereof be deemed to mean and include its successors and assigns) for

participating in the Tender nodated (hereinafter called the tender which expression

shall include any amendmentsalterations to the tender issued by the Company) for the supply delivery at site

installation and commissioning of certain equipment itemservicescivil works etc We

Bank having office at (hereinafter referred to as ldquothe Bankrdquo which

expression shall includes its successors and assigns) hereby agree to pay to the Company without any demur on first

demand an amount not exceeding Rs (Rupeesonly) against any loss or damage costs charges and expenses caused to or suffered by the Company by reason of non performance and non-fulfilment or for

any breach on the part of the tenderer of any of the terms and conditions of the said tender

2 We Bank further agree that the Company shall be sole judge whether the said tenderer has

failed to perform or fulfil the said tender in terms thereof or committed breach of any terms and conditions of the

tender the extent of loss damage cost charges and expenses suffered or incurred or would be suffered or incurred by

the Company on account thereof and we waive in the favour of the Company all the rights and defences to which we

as guarantors may be entitled to

3 We Bank further agree that the amount demanded by the Company as such shall be final and

binding on the Bank as to the Bank s liability to pay and the amount demanded and the Bank undertake to pay the

Company the amount so demanded on first demand and without any demur notwithstanding any dispute raised by the

tenderer or any suit or other legal proceedings including arbitration pending before any court tribunal or arbitrator

relating thereto our liability under this guarantee being absolute and unconditional

4 We Bank further agree with the Company that the Company shall have the fullest liberty

without our consent and without affecting in any manner our obligations hereunder to vary any of the terms and

conditions of the said tenderor to extend time of performance by the tenderer from time to time or to postpone for

any time to time any of the powers exercisable by the Company against the tenderer and to forbear to enforce any of

the terms and conditions relating to the tender and we shall not be relieved from our liability by reason of any such

variation or extension being granted to the tenderer or for any forbearance act or omission on the part of the

Company or any indulgence by the Company to the tenderer or by any such matter or things whatsoever which under

the law relating to sureties would have the effect of relieving us

5 We Bank further undertake not to revoke this guarantee during its currency except with

the previous consent of the Company in writing

6 We Bank also agree that the Bankrsquos liability under this guarantee shall not be affected

by any change in the constitution of the tenderer or dissolution or winding up of the business of the tenderer

7 Notwithstanding anything contained herein above

i) Our liability under this guarantee shall not exceed Rs

ii) This Bank Guarantee shall be valid upto and including and

iii) We are liable to pay the guarantee amount or any part thereof under this Bank Guarantee only and only if you

serve upon us a written claim or demand on or before helliphelliphellip (validity + --- weeks from the date of expiry of this

guarantee)

8 This Guarantee shall be governed by Indian laws and the Courts at Mumbai India shall have the exclusive

jurisdiction

GM(M)MTI2000007617Passivation Station

Page 40 of 45

IN WITNESS WHEREOF the Bank has executed this document on this day

of

For Bank

(by its constituted attorney

or the person authorized to sign)

(Signature of a person authorized

to sign on behalf of the Bank)

GM(M)MTI2000007617Passivation Station

Page 41 of 45

Enclosure-8

PROFORMA BANK GUARANTEE FOR SECURITY DEPOSIT (ILLUSTRATIVE FORMAT)

(On Non-Judicial stamp paper of value Rs 500)

IN CONSIDERATION OF MAZAGON DOCK SHIPBUILDERS LIMTED a company incorporated under the

Companies Act 1956 and having its registered office at Dockyard Road Mumbai 400010 (hereinafter referred to as

the ldquothe Purchaserrdquo which expression shall unless it be repugnant or contrary to the subject or context thereof be

deemed to mean and include its successors and assigns) having placed an order on Messers

a partnership firmsole proprietor businessa company registered under the Companies Act 1956

having its office at (hereinafter called the Contractor Supplier which expression shall unless it

be repugnant or contrary to the subject or context thereof be deemed to mean and include its successors and assigns)

vide order No dated (hereinafter called the order which expression shall include any

amendmentsalterations to the order issued by the Purchaser) for the supply delivery at site installation and

commissioning of certain equipment itemservicescivil works etc as stated in the said Order and the Purchaser

having agreed with the ContractorSupplier to accept a Bank Guarantee in lieu of Security Deposit payable under the

said order for the fulfilment and performance of the said order We Bank having

office at (hereinafter referred to as the Bank which expression shall includes its

successors and assigns) hereby agree to pay to the Purchaser without any demur on first demand an amount not

exceeding Rs (Rupeesonly) being 5 of the order value against any loss or damage costs

charges and expenses caused to or suffered by the Purchaser by reason of non performance and non-fulfilment or for

any breach on the part of the Contractor Supplier of any of the terms and conditions of the said order

2 We Bank further agree that the Purchaser shall be sole judge whether the said

contractorSupplier has failed to perform or fulfil the said order in terms thereof or committed breach of any terms

and conditions of the order and the extent of loss damage cost charges and expenses suffered or incurred or would

be suffered or incurred by the Purchaser on account thereof and we waive in the favour

of the Purchaser all the rights and defences to which we as guarantors may be entitled to

3 We Bank further agree that the amount demanded by the Purchaser as such shall be final and

binding on the Bank as to the Bank s liability to pay and the amount demanded and the Bank undertake to pay the

Purchaser the amount so demanded on first demand and without any demur notwithstanding any dispute raised by the

ContractorSupplier or any suit or other legal proceedings including arbitration pending before any court tribunal or

arbitrator relating thereto our liability under this guarantee being absolute and unconditional

4 We Bank further agree with the Purchaser that the Purchaser shall have the fullest liberty

without our consent and without affecting in any manner our obligations hereunder to vary any of the terms and

conditions of the said orderor to extend time of performance by the Supplier from time to time or to

postpone for any time to time any of the powers exercisable by the Purchaser against the Contractor Supplier and to

forbear to enforce any of the terms and conditions relating to the order and we shall not be relieved from our liability

by reason of any such variation or extension being granted to the Contractor Supplier or for any forbearance act or

omission on the part of the Purchaser or any indulgence by the

Purchaser to the ContractorSupplier or by any such matter or things whatsoever which under the law relating to

sureties would have the effect of relieving us

5 We Bank further undertake not to revoke this guarantee during its currency except with

the previous consent of the Purchaser in writing

6 We Bank also agree that the Bankrsquos liability under this guarantee shall not be affected

by any change in the constitution of the Contractor Supplier or dissolution or winding up of the business of the

contractor supplier

7 Notwithstanding anything contained herein above

i) Our liability under this guarantee shall not exceed Rs

ii) This Bank Guarantee shall be valid upto and including and

GM(M)MTI2000007617Passivation Station

Page 42 of 45

iii) We are liable to pay the guarantee amount or any part thereof under this Bank Guarantee only and only if you

serve upon us a written claim or demand on or before helliphelliphelliphellip(validity + ---weeks from the date of expiry of this

guarantee)

8 This Guarantee shall be governed by Indian laws and the Courts at Mumbai India

shall have the exclusive jurisdiction

IN WITNESS WHEREOF the Bank has executed this document on

this day of

For Bank

(by its constituted attorney)

(Signature of a person authorised

to sign on behalf of the Bank)

GM(M)MTI2000007617Passivation Station

Page 43 of 45

Enclosure-9

PROFORMA BANK GUARANTEE FOR PERFORMANCE (ILLUSTRATIVE FORMAT)

(On Non-Judicial stamp paper of value Rs 500-)

IN CONSIDERATION OF MAZAGON DOCK SHIPBUILDERS LIMTED a company incorporated under the

Companies Act 1956 and having its registered office at Dockyard Road Mumbai 400010 (hereinafter referred to as

the ldquothe Purchaserrdquo which expression shall unless it be repugnant or contrary to the subject or context thereof be

deemed to mean and include its successors and assigns) having placed an order on Messers a

partnership firmsole proprietor businessa company registered under the Companies Act 1956 having its Registered

office at (hereinafter called the Contractor Supplier which expression shall unless it be

repugnant or contrary to the subject or context thereof be deemed to mean and include its successors and assigns)

vide order No dated (hereinafter called the order which expression shall include any

amendmentsalterations to the order issued by the Purchaser) for the supply delivery at site installation and

commissioning of certain equipment itemservicescivil works etc as stated in the said Order and the Purchaser

having agreed that the Contractor Supplier shall furnish a security for the performance of the Contractorrsquos

Suppliers obligations andor discharge of the Contractorrsquos Suppliers liability in connection with the said order and

the Purchaser having agreed with the ContractorSupplier to accept a performance guarantee We

Bank having office at (hereinafter referred to as the

Bank which expression shall includes its successors and assigns) hereby agree to pay to the Purchaser without any

demur on first demand an amount not exceeding Rs (Rupeesonly) being 10 of the order

value against any loss or damage costs charges and expenses caused to or suffered by the Purchaser by reason of

non-performance and non-fulfilment or for any breach on the part of the Contractor Supplier of any of the terms and

conditions of the said order

2 We Bank further agree that the Purchaser shall be sole judge whether the said

ContractorSupplier has failed to perform or fulfil the said order in terms thereof or committed breach of any terms

and conditions of the order and the extent of loss damage cost charges and expenses suffered or incurred or would

be suffered or incurred by the Purchaser on account thereof and we waive in the favour of

the Purchaser all the rights and defences to which we as guarantors may be entitled to

3 We Bank further agree that the amount demanded by the Purchaser as such shall be final and

binding on the Bank as to the Bank s liability to pay and the amount demanded and the Bank undertake to pay the

Purchaser the amount so demanded on first demand and without any demur otwithstanding any dispute raised by the

ContractorSupplier or any suit or other legal proceedings including arbitration pending before any court tribunal or

arbitrator relating thereto our liability under this guarantee being absolute and unconditional

4 We Bank further agree with the Purchaser that the Purchaser shall have the fullest liberty

without our consent and without affecting in any manner our obligations hereunder to vary any of the terms and

conditions of the said orderor to extend time of performance by the Supplier from time to time or to postpone for

any time to time any of the powers exercisable by the Purchaser against the Contractor

Supplier and to forbear to enforce any of the terms and conditions relating to the order and we shall not be relieved

from our liability by reason of any such variation or extension being granted to the Contractor Supplier or for any

forbearance act or omission on the part of the Purchaser or any indulgence by the Purchaser to the

ContractorSupplier or by any such matter or things whatsoever which under the law

relating to sureties would have the effect of relieving us

5 We Bank further undertake not to revoke this guarantee during its currency except with

the previous consent of the Purchaser in writing

6 We Bank also agree that the Bankrsquos liability under this guarantee shall not be affected

by any change in the constitution of the Contractor Supplier or

dissolutionhelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

7 Notwithstanding anything contained herein above

i) Our liability under this guarantee shall not exceed Rs

ii) This Bank Guarantee shall be valid upto and including and

GM(M)MTI2000007617Passivation Station

Page 44 of 45

iii) We are liable to pay the guarantee amount or any part thereof under this Bank Guarantee only and only if you

serve upon us a written claim or demand on or before helliphelliphellip (validity + ---weeks from the date of expiry of this

guarantee)

8 This Guarantee shall be governed by Indian laws and the Courts at Mumbai India shall have the exclusive

jurisdiction

IN WITNESS WHEREOF the Bank has executed this document on

this day of

For Bank

(by its constituted attorney)

(Signature of a person authorised

to sign on behalf of the Bank)

GM(M)MTI2000007617Passivation Station

Page 45 of 45

Enclosure-10

Electronic Payment Mandate Form

(MDL Bank details)

Name of the CompanyFirm Mazagon Dock Shipbuilders Limited

Address with Phone no Dockyard Road Mumbai ndash 400010

E-Mail ID

Phone No +91 22 23745310

Fax No

Particulars of Bank Account

Name of the Bank State Bank of India

Name of the Branch Mazagon Dock Mumbai Branch

Branch Code 9054

Bank IFSC NEFT Code SBIN0009054

Bank Address MBPT Workshop building NV Nakhwa Road Mazagon - 400010

City Name Mumbai

Telephone No of Bank +91 22 23752802

9 digit code no of bank amp branch

appearing on the MICR cheque

issued by your bank

400002120

Type of Account Current Account

Account No 10005255246

Income Tax PAN No AAACM8029J

Page 28: Final Tender - Mazagon Dock Shipbuilders...DIVISION-SHIP BUILDING DEPARTMENT-MATERIAL PROCUREMENT Tender no.: GM(M)/MTI/2000007617 for the Engineering, Manufacturing, Supply/Installation,

GM(M)MTI2000007617Passivation Station

Page 28 of 45

Annexure-2

Illustrative format amp guideline for quoting prices in online Price Bid

Below format of price bid will appear online Indigenous bidders to follow instructions given in each respective

cell while quoting their cost in online price bid -

Item Sr no 1

Material Description As per clause No 1

Quantity As per clause No 1

Set Set

Currency INR USD EURO

For Indian Bidder Basic Unit Rate in INR only

For Foreign Bidder CIF Rate to be entered by the foreign

currency

To be quoted

of CGST+SGST or IGST on Basic rate To be quoted

Installation Commissioning Charges per Unit To be quoted

of CGST+SGST or IGST on Installation Commissioning

Charges To be quoted

Inspection Testing Charges per Unit To be quoted

of CGST+SGST or IGST on Inspection Testing Charges To be quoted

GM(M)MTI2000007617Passivation Station

Page 29 of 45

Enclosure-3

STANDARD TERMS AND CONDITIONS (STACS) 101 The word Purchaser refers to MAZAGON DOCK SHIPBUILDERS LIMITED (MDL) a Company

registered under the Indian Companies Act 1913 and it includes its successors or assignees

102 The word BidderVendorContractor means the person firm Company who undertakes to

manufacture and or supply and or undertake work of any nature assigned by the Purchaser from time to time

and includes its successors or assignees

103 The word Owner means the person or authority with whom MAZAGON DOCK SHIPBUILDERS

LIMITED (Purchaser) has contracted to carry out work in relation to which orders are placed by the

Purchaser on the BidderVendorContractor under this contract for supply or manufacture of certain items

and would include Department of Defence Production Ministry of Defence Government of India the Indian

Navy the Coast Guard and any other specified authority

120 GENERAL 121 Unless otherwise indicated specifically by the bidder contractor in his bid it shall be construed as his

acceptance of all the conditions mentioned in this STACS

200 COMMUNICATION amp LANGUAGE FOR DOCUMENTATION 201 Any letter facsimile message e-mail intimation or notice sent to the BidderVendorContractor at the

last known address mentioned in the offer order shall be deemed to be valid communication for the purpose

of the ordercontract Unless stated otherwise by the purchaser Language for communication amp all

documentation shall be same which the Purchaser has used in the tender enquiry

210 PURCHASERrsquoS PROPERTY 211 All property (such as materials drawings documents etc) issued by the Purchaser or any other

individual or firm on behalf of the Purchaser in connection with the contract shall remain confidential being

the property of the Purchaser and the BidderVendorContractor shall undertake to return all such property so

issued and will be responsible for any or all loss thereof and damage thereto resulting from whatever causes

and shall reimburse the Purchaser the full amount of loss and damage

212 On completion of work in any compartment location of the purchaserrsquos premises the

BidderSupplierContractor must ensure that the place is left in a reasonably clean state and all scrap is

transferred to nearby scrap-bins

220 RISK PURCHASE 221 If the equipment article service or any portion thereof be not delivered performed by the scheduled

delivery date period any stoppage or discontinuation of ordered supply awarded contract without written

consent by Purchaser or not meeting the required quality standards the Purchaser shall be at liberty without

prejudice to the right of the Purchaser to recover Liquidated Damages penalty as provided for in these

conditions or to any other remedy for breach of contract to terminate the contract either wholly or to the

extent of such default Amounts advanced or part thereof corresponding to the undelivered supply shall be

recoverable from the Contractor Bidder at the prevailing bank rate of interest

222 The Purchaser shall also be at liberty to purchase manufacture or supply from stock as it deems fit

other articles of the same or similar description to make good such default and or in the event of the contract

being terminated the balance of the articles of the remaining to be delivered there under Any excess over the

purchase price cost of manufacture or value of any articles supplied from the stock as the case may be over

the contract price shall be recoverable from the Bidder Vendor Contractor

230 RECOVERY ADJUSTMENT PROVISIONS 231 Payment made under one order shall not be assigned or adjusted to any other order except to the extent

agreed upon in writing by the Purchaser During the currency of the contract if any sum of money is payable

by the Bidder Vendor Contractor the same shall be deducted from any sum then due or thereafter may

become due to the Bidder Vendor Contractor under the contract or any other contract with the Purchaser

240 ADDITIONAL BANK GUARANTEE In case after opening of price bid of technically cleared firms it is noted that L-1 firm has quoted very low

rates and indicates to withdraw from the tender then EMD shall be forfeited and firm may be given tender

holiday including intimation to other PSUs If the rates quoted are less than MDL estimates by 40 or so and

if the difference in rate between L1 and L2 is 30 or more then the firm will have to give additional BG of

20 of the PO value as additional security Bank charges for this additional BG shall be borne by MDL and

reimbursed against proof of payment

250 INDEMNIFICATION 251 The Bidder Vendor Contractor his employees licencees agents or Sub-Vendor Sub-contractor

while on site of the Purchaser for the purpose of this contract indemnifies the Purchaser against direct

GM(M)MTI2000007617Passivation Station

Page 30 of 45

damage and or injury to the property and or the person of the Purchaser or that of Purchasers employees

agents Sub- Contractors Suppliers occurring and to the extent caused by the negligence of the Bidder

Vendor Contractor his employees licencees agents or Sub-contractor by making good such damages to the

property or compensating personal injury and the total liability for such damages or injury shall be as

mutually discussed and agreed to

260 TRANSFER OF VENDORS CONTRACTORrsquoS RIGHTS 261 The Bidder Vendor Contractor shall not either wholly or partly sell transfer assign or otherwise

dispose of the rights liabilities and obligations under the contract between him and the Purchaser without

prior consent of the Purchaser in writing

270 SUBCONTRACT amp RIGHT OF PURCHASER 271 The Bidder Vendor Contractor under no circumstances undertake or subcontract any work contract

from or to any other Sub-contractor without prior written approval of the Competent Authority of Purchaser

In the event it is found that such practice has been indulged in the contract is liable to be terminated without

notice and the Bidder Vendor Contractor is debarred all from future tender enquiries work orders

However in no circumstances a contractor is permitted to subcontract any part of the contract to the bidders

who had quoted for the concerned tender

280 PATENT RIGHTS 281 The Bidder Vendor Contractor shall hold harmless and keep the Purchaser indemnified against all

claims arising as a result of infringement of any patent copy rights on account of manufacture sale or use of

articles covered by the order

290 AGENTS AGENCY COMMISSION

291 The seller confirms and declares to the buyer that the seller is the original manufacturer or authorized

distributorstockiest of original manufacturer of the stores referred to in this contract and has not engaged any

individual or firm whether Indian or foreign whatsoever to intercede facilitate or in any way to

recommended to the Buyer or any of its functionaries whether officially or unofficially to the award of the

Contract Purchase order to the Seller nor has any amount been paid promised or intended to be paid to any

such individual or firm in respect of any such intercession facilitation or recommendation The Seller agrees

that if it is established at any time to the satisfaction of the Buyer that the present declaration is in any way

incorrect or if at a later stage it is discovered by the Buyer that the Seller has engaged any such

individualfirm and paid or intended to pay any amount gift reward fees commission or consideration to

such person party firm or institution whether before or after the signing of this Contract Purchase order

the Seller

will be liable to refund that amount to the Buyer

Tender no GM (M)GRA2000007246 Page 16 of 26

The seller will also be debarred from participation in any RFQTender for new projectsprogram with Buyer

for a minimum period of five years

The buyer will also have a right to consider cancellation of the Contract either wholly or in part without any

entitlement or compensation to the Seller who shall in such event be liable to refund all payments made by

the buyer in terms of the Contract along with interest at the rate of 2 per annum above LIBOR (London

Inter Bank Offer Rate) (for foreign vendors) and base rate of SBI plus 2 (for Indian Vendors)

The Buyer will also have the right to recover any such amount from any contracts concluded earlier with

Buyer

300 USE OF UNDUE INFLUENCE CORRUPT PRACTICES

301 The Bidder Supplier Contractor undertakes that he has not given offered or promised to give directly

or indirectly any gift consideration reward commission fees brokerage or inducement to any person in

service of the Purchaser or otherwise in procuring the contract or forbearing to do or for having done or

forborne to do any act in relation to the obtaining or execution of the Contract with the Purchaser for showing

or forbearing to show favour or disfavour to any person in relation to the Contract or any other Contract with

the Purchaser Any breach of the aforesaid undertaking by the Bidder Supplier Contractor or any one

employed by him or acting on his behalf (whether with or without the knowledge of the Bidder Supplier

Contractor) or the commission of any offence by the Bidder Supplier Contractor or any one employed by

him or acting on his behalf as defined in Chapter IX of the Indian Penal Code 1980 or the Prevention of

Corruption Act 1947 or any other Act enacted or the prevention of corruption shall entitle the Purchaser to

cancel the contract and all or any other contracts with the Bidder Contractor Supplier and recover from the

Bidder Supplier Contractor the amount of any loss arising from such cancellation Decision of the

Purchaser or his nominee to the effect that a breach of the undertaking has been committed shall be final and

binding on the Bidder Supplier Contractor

302 The Bidder Supplier Contractor shall not offer or agree to give any person in the employment of

GM(M)MTI2000007617Passivation Station

Page 31 of 45

Purchaser any gift or consideration of any kind as Inducement or reward for doing or forbearing to do or

for having done or forborne to do any act in relation to the obtaining or execution of the contracts Any

breach of the aforesaid condition by the Bidder Supplier Contractor or any one employed by them or

acting on their behalf (whether with or without the knowledge of the Bidder Supplier Contractor) or the

commission of any offence by the Bidder Supplier Contractor or by any one employed by them or acting

on their behalf which shall be punishable under the Indian Penal Code 1980 andor the Prevention of

Corruption by Public Servants shall entitle Purchaser to cancel the contracts and all or any other contracts

and then to recover from the Bidder Supplier Contractor the amounts of any loss arising from such

contracts cancellation including but not limited to imposition of penal damages forfeiture of Security

Deposit encashment of the Bank Guarantee and refund of the amounts paid by the Purchaser

303 In case it is found to the satisfaction of the Purchaser that the Bidder Supplier Contractor has

engaged an Agent or paid commission or influenced any person to obtain the contract as described in clauses

relating to Agents Agency Commission and use of undue Influence the Bidder Supplier Contractor on a

specific request of the Purchaser shall provide necessary information inspection of the relevant financial

document information

310 IMMUNITY OF GOVERNMENT OF INDIA CLAUSE 311 It is expressly understood and agreed by and between Ms (Bidder Supplier Contractor) and

MAZAGON DOCK SHIPBUILDERS LIMITED Dockyard Road Mumbai - 400 010 (MDL) is entering

into this Agreement solely on its own behalf and not on the behalf of any person or entity In particular it is

expressly understood and agreed that the Government of India is not a party to this Agreement and has no

liabilities obligations or rights hereunder It is expressly understood and agreed that MDL is an independent

legal entity with power and authority to enter into contracts solely in its own behalf under the applicable of

Laws of India and general principles of Contract Law The (Bidder Supplier Contractor) expressly agrees

acknowledges and understands that MDL is not an agent representative or delegate of the Government of

India It is further understood and agreed that the Government of India is not and shall not be liable for any

acts omissions and commissions breaches or other wrongs arising out of the contract Accordingly (Bidder

Supplier Contractor) hereby expressly waives releases and foregoes any and all actions or claims including

cross claims impleader claims or counter claims against the Government of India arising out of this contract

and covenants not to sue Government of India in any manner claim cause of action or thing whatsoever

arising of or under this Agreement

320 EXPORT LICENCE 321 The export licenses that may be required for delivery of the various itemsequipment to MDL shall be

arranged by the Bidder Supplier Contractor from the concerned authorities in their country without any

time amp cost implications on the Purchaser

330 BANNED OR DE-LISTED CONTRACTORS VENDORS 331 The Bidder Vendor Contractor declares that they being Proprietors Directors Partners have not

been any time individually or collectively blacklisted or banned or de-listed by any Government or quasi

Government agencies or PSUs If a bidderrsquos entities as stated above have been blacklisted or banned or delisted

by any Government or quasi Government agencies or PSUs this fact must be clearly stated and it may

not necessarily be a cause for disqualifying him

340 DUTY OF PERSONNEL OF SUPPLIERVENDOR 341 MDL being a Defence Organization Bidder Vendor Contractor undertakes that their personnel

deployed in connection with the entrusted work will not indulge in any activities other than the duties

assigned to them

350 DISPUTE RESOLUTION MECHANISM AND ARBITRATION

351 DISPUTE RESOLUTION MECHANISM (DRM) i) Any disputedifferences between the parties arising out of and in connection with the contract shall be

settled amicably by mutual negotiations

ii) In case of non-settlement by (i) above if at any time before during or after the contract period any

unsettled claim dispute or difference arose between the parties upon or in relation to or in connection with

or in any way touching or concerning this tenderagreementordercontract the same shall be referred to the

concerned Functional Director

The Functional Director shall then nominate an Executive of the rank of General Manager whom he thinks fit

and competent or a Committee of Executives whowhich shall then scrutinise the claimsdisputes that have

been referred to the concerned functional Director and make efforts for amicable settlements by mutual

discussionsnegotiations

iii) In case no amicable settlement is arrived by (ii) above within a period of three months then the contractor

shall approach Public Grievance Cell and address the disputes as per the provisions made under the relevant

GM(M)MTI2000007617Passivation Station

Page 32 of 45

clause of the contract

iv) In case the issuesdisputes do not get settled within a period of six months from the date of

submission of the dispute to the Grievance Cell then the contractor may invoke Arbitration Clause of the

contract

352 ARBITRATION Unresolved disputesdifferences if any shall then be settled by arbitration The

Arbitration proceedings shall be conducted at Mumbai India in English Language under the Arbitration amp

Conciliation Act 1996

MDL prefers to have arbitration through Institutes such as Indian Council of Arbitration (ICA)ICA-DR with

the mutual consent of the parties

353 In case of unresolved differencedispute between the Purchaser and Supplier being Central Public

Sector EnterprisesCentral Govt departments the disputes shall be resolved firstly through mutual discussion

or through the empowered agencies of the Govt or through arbitration by reference by either party to the

department of Public Enterprises as per extant guidelines If disputesdifferences remain

unresolvedunexecuted the same shall be referred first to the Cabinet Secretariat and then if necessary to the

PMO

354 Any changes to arbitration clause must be vetted by HOD (Legal) before incorporation in

contractPO

360 JURISDICTION OF COURTS 361 All contracts shall be deemed to have been wholly made in Mumbai and all claims there under are

payable in Mumbai City and it is the distinct condition of the order that no suit or action for the purpose of

enforcing any claim in respect of the order shall be instituted in any Court other than that situated in Mumbai

City Maharashtra State India ie courts in Mumbai shall alone have jurisdiction to decide upon any dispute

arising out of or in respect of the contract

-----------------------

GM(M)MTI2000007617Passivation Station

Page 33 of 45

Enclosure-4

GENERAL TERMS amp CONDITIONS (GTampC)

A10 Blank

A20 SECURITY DEPOSIT A21 The successful bidder shall submit a Security Deposit 5 of the contract order value (excluding

taxes duties freight service component) of the Order in the form of Demand Draft Bank Guarantee in the

prescribed format in favour of Purchaser within 25 days from date of Contract The Security Deposit will be

returned only after the successful execution of the order contract Refund of Security Deposit whenever

considered admissible by the Purchaser shall be without interest only

A30 FORFEITURE OF EMD BID BOND A31 In cases of withdrawal of bid during validity period or during any extension granted thereof non

acceptance of agreed conditions of Technical and or Commercial and or Price Negotiations non-submission

of the security deposit and or non-acceptance of the order the EMD or bid security will be forfeited or

encashed as the case may be

A40 FORFEITURE OF SECURITY DEPOSIT A41 Non-performance of agreed terms and or defaultbreach by BidderVendorContractor will result in

forfeiture of security deposit with application of risk purchase provisions as felt appropriate by the Purchaser

A50 FORFEITURE OF PERFORMANCE GUARANTEE A51 In the event of BidderVendorContractor failure to attend the Guarantee defects within a reasonable

period of time the Performance Bank Guarantee will be encashed by the Purchaser The Purchaserrsquos decision

shall be final and binding on BidderVendorContractor

A60 SUPPLIES A61 The equipment products items Services to be supplied shall be strictly in accordance with the

Drawings Specifications Requirements indicated in the Tender Enquiry Order with deviations if any as

mutually accepted

A70 PROGRESS REPORTING amp MONITORING A71 Where so stipulated in the order the Bidder Supplier Contractor shall render such reports from time

to time as regards the progress of the contract and in such a form as may be called for by the Purchaser

A80 CANCELLATION OF ORDER A81The Purchaser reserves the right to cancel an order forthwith without any financial implications on either

side if on completion of 50 of the scheduled deliveryCompletion period the progress of

manufactureSupply is not to the satisfaction of Purchaser and failure on the part of the

BidderVendorContractor to comply with the delivery schedule is inevitable In such an event the

BidderVendorContractor shall repay all the advances together with interest at prevailing bank rates from the

date of receipt of such advances till date of repayment The title of any property delivered to Purchaser will

be reverted to the BidderVendorContractor at his cost

A82 In case of breach non-compliance of any of the agreed terms amp conditions of order contract MDL

reserves the right to recover consequential damages from the vendor contractor on account of such

premature termination of contract

A83 In case of delay beyond agreed period for liquidated damages or 10weeks from contractual delivery

period whichever is earlier MDL reserves the right to cancel the order and procure the order items services

from any available source at MDLrsquos option amp discretion and entirely at your risk and cost Extra expenditure

incurred by MDL in doing will be recoverable from Bidder Supplier Contractor

A90 PRESERVATION AND MAINTENANCE

A91 Should any material require any preservation till its final installationfitment the detailed procedure

(Long term amp short term) for the same as also the time of interval after which the state of preservation needs

to be reviewed is to be stated by the BidderVendorContractor

A92 Further the de-preservation prior to the materialequipment being commissioned and the maintenance

procedure together with its periodicity is also to be indicated by the Bidder Vendor Contractor

A93 The Bidder Vendor Contractor in their offer must confirm that indigenous oil lubricants and

preservatives etc can be used in the equipment The bidder must also give assurance that the equipment

performance will not be downgraded by use of indigenous equivalents

A100 FREIGHT amp INSURANCE

A101 For Indigenous Bidders In cases where the offers are for Door Delivery to Purchaser transit freight

amp Insurance charges shall be borne by the Bidder Supplier Contractor In other agreed cases of Ex-works

Ex-Transporters warehouse or Railway godown offers the Bidder Supplier Contractor on dispatch shall

give details of materials with dispatch particulars and their value in time to Purchasers Insurance Company

GM(M)MTI2000007617Passivation Station

Page 34 of 45

on the contact details as provided in the order In such agreed cases the freight amp insurance charges will be

paid by the purchaser directly to the parties concerned

A102 For Foreign Bidders For overseas supplies on CIF port of dispatch basis Transit Insurance shall be

arranged by the Purchaser The Bidder Supplier Contractor shall immediately on despatch of the

items inform all relevant details of despatch such as Order number Bill of LadingAWB number

marked as Freight Paid Insurance policydocument number of packages value of consignment

invoice number in time directly to Purchasers Insurance company amp Purchaser on the contact details

as provided in the order In case of delivery term other than CIFCIP the freight amp insurance charges

will be paid by the purchaser directly to the parties concerned

A110 TAXES amp DUTIES STATUTORY LEVIES A111 Taxes and duties applicable if any shall be regularized by MDL by issuing necessary exemption

certificates in respect of procurement for Defence Projects Bidder shall indicate separately the GST and

duties applicable in their offer When the items qualify for exemption partlyfully but the supplier did not

avail of the same the amount of taxes and duties on such supplies shall be to supplierrsquos account In cases

where exemption certificates are not issued for any reason taxes shall be paid as indicated in the Purchase

OrderContract Tax deduction at source will be effected wherever applicable (eg TDS under Income tax

Act TDS on Works Contract under GST Act etc) from the bills of the Supplier as per statutes Similarly

where payment of Custom duty is agreed to and stipulated in the Purchase Order Contract the same will be

paid by the Purchaser on receipt of supplierrsquos bills along with Custom Certified Duty Paid Challan-Money

Receipt in original or carbon copy as relevant These Challans Receipts Bill of Entry are to be drawn issued

in the name of lsquoMAZAGON DOCK SHIPBUILDERS LIMITEDrsquo only Where payment of GST is agreed to

and stipulated in the Purchase Order Contract the same will be paid by the Purchaser on the basis of

Suppliers TAX INVOICE wherein the GST Number along with HSN SAC code is indicated in the Invoice

A120 DEMURRAGE A121 Storage and Demurrage charges will be payable by the Bidder Vendor Contractor for all shipments

that reach purchaser without proper dispatch documentations Lorry Receipts not accompanied by packing

lists invoices etc The Supplier shall be responsible for fines due to errors or omissions in description weight

or measurements and for increased handling charges due to improper packing

A130 INSPECTION TESTING A131The ordered items will be inspected either by Classification Society Nominated Agency and or by

Inspection Officer nominated by Purchaser at stages defined in the tender Purchase Order or as agreed to be

defined subsequently in terms of the Purchase Order

A132 The decision of the Inspecting Authority or their representatives as the case may be on any question

of the intent meaning and the scope of Specifications Standards shall be final conclusive and binding on

the Bidder Vendor Contractor

A133 The Bidder Vendor Contractor shall accord all facilities to Purchasers Inspectors Nominated

Agency to carry out Inspection Testing during course of manufacture final testing

A140 RECEIPT INSPECTION BY MDL A141 MDL shall carry out necessary inspection of the items on receipt on the basis of an appropriate quality

assurance system and inspection system requirements along with representative of the Owner Any objection

raised by MDL Quality Control Team against quality of materials or workmanship shall be satisfactorily

corrected by the Contractor at his expense including replacement as may be required within shortest possible

time within 30 days Items damaged during transit shall also be rectified replaced by the Contractor within

shortest possible time payment for which shall be made at mutually agreed rates

A150 REJECTION OF MATERIALS A151 Should the articles or any portion thereof of the equipment be found defective rejected the Bidder

Vendor Contractor shall collect the same from the Purchasers Stores all incidental charges being borne by

him (inclusive of Custom duty if payable) within 30 days from the date of intimation to the Bidder Vendor

Contractor of such rejection The Purchaser reserves the right to dispose off the rejected items at the end of

a total period of 90 days in any manner to the best advantage to the Purchaser and recover storage charges

and any consequential damages from sale proceeds of such disposal

A160 TECHNOLOGICAL DEVELOPMENTS MODIFICATIONS

A161 The Bidder Supplier Contractor shall unconditionally and free of cost to the Purchaser transfer

information on technological developments innovations modifications which the BidderSupplier

Contractor would evolve in future (within 3 years) in relation to the supplied equipment To enable this the

Purchasers address shall be added to the Bidder Supplier Contractorrsquos mailing list or database or any other

document maintained for dissemination of product information and the Purchaser shall be informed of the

GM(M)MTI2000007617Passivation Station

Page 35 of 45

action taken in this regard If such improvements modifications are brought in by the Bidder Supplier

Contractorrsquos Design Department in the course of manufacture of equipment ordered by the Purchaser the

Bidder Supplier Contractor shall incorporate such improved versions in the equipment without any extra

cost to the Purchaser under Purchaserrsquos prior consent

A162 If the Purchaser be desirous of getting incorporated all post supply modifications improvements

arising out of technological developments to the original equipment supplied by the Bidder Supplier

Contractor the Bidder Supplier Contractor shall quote for and carry out all such modifications to the

equipment

A163 Where the whole or a portion of the equipment has been specifically developed by the Bidder

Supplier Contractor for the Owner and the latter would through the Purchaser be bearing the entire or part

of the development cost incurred by the Bidder Supplier Contractor the design rights for the whole or

portion thereof of the equipment as appropriate shall vest in the Owners

A164 Prior approval of the Owner should be obtained before similar articles are sold supplied to any other

party other than the Owner If such approval is given and sale is effected the Bidder Supplier Contractor

shall pay to the Owner royalty at the rate mutually agreed to

A165 The Sub-contractor Supplier Supplier shall continue to support the equipment for a minimum period

of 20 years from the date of supply by making available spare parts and assemblies of the equipment

supplied Should the Sub-contractor Supplier Supplier decides to discontinue the product for any reason

whatsoever adequate notice shall be given to the Purchaser Owner to enable procurement of the requisite

lifetime spares

A170 PURCHASERrsquoS RIGHT TO ACCEPT ANY BID PART OF BID AND TO REJECT ANY OR

ALL BIDS A171 The Purchaser reserves the right to accept and or reject any or all tenders and or to withdraw the tender

in Toto and or award the contract order in full or part to more than one vendor contractor without

assigning any reason whatsoever and without thereby incurring any liability to the affected Bidder or Bidders

or any obligations to inform the affected Bidder or Bidders of the grounds for MDL action

A180 BANK GUARANTEE INSURANCE COVER FOR FREE ISSUE MATERIAL A181 The Bidder Supplier Contractor shall furnish Bank Guarantee insurance Cover equivalent to the

value of materials supplied by MDL free of cost valid up to the execution of the contract delivery of

material inspected accepted and receipt at MDL together with the material reconciliation statement

whichever is later

A190 BIDDERrsquoS RESPONSE IN CASE OF NO PARTICIPATION A191 The Sub-contractor Supplier Vendor shall inform the Purchaser in advance in case he is unable to

participate in the tender for whatsoever reason Failure to comply with this will be viewed seriously and

consecutive three failures on the part of Sub-contractor Supplier Vendor to do so is liable for

disqualification debarring of the Sub-contractor Supplier Vendor from all future tender enquiries and or

delisting from the list of Approved Registered Vendors

A230 PREFERENCETIAL PURCHASE FROM MSE VENDORS ndash Not Applicable MDL has right to place order on MSE firm meeting following criteria

In tenders if participating MSEs quoted prices are within price band of L1+15 such MSEs shall also be

allowed to supply a portion up to 20 of requirement by bringing down their prices to L1 price where L1 is

non MSEs If more than 1 MSEs fall under such criteria then this 20 shall be distributed proportionally

This preference shall not be applicable where MSE firm is L1 firm out of 20 percent target of annual

procurement from Micro and Small Enterprises a sub-target of 20 percent (ie 4 percent out of 20 percent)

shall be earmarked for procurement from Micro and Small Enterprises owned by the Scheduled Caste or the

Scheduled Tribe Entrepreneurs In respect of items reserved for MSE extant guidelines shall be followed

Presently Circular No SO 581(E) dated 23032012 is applicable

GM(M)MTI2000007617Passivation Station

Page 36 of 45

Annexure-5

LOADING FACTORS A

Sr

No

Description Foreign Supplier

100 import content

Indigenous

Supplier with part

Import content

Indigenous

Supplier without

Import content

1 Basic Price Quoted

CIF

a a Ex Works

b b Delivered to

MDL Stores

a Ex Works

b Delivered to

MDL Stores

2 Add Insurance Charges Nil In case of 1 (a) In case of 1 (a)

3 Add Sea Air Freight charges

Inland Road Transport Nil In case of 1 (a) In case of 1 (a)

4

Customs Clearance Port

Handling Transportation to

Yard

Applicable NIL NIL

5

Cost (ex-MDL) excluding taxes

amp duties without loading

towards any deviations

CIF price +

SrNo4 Sr Nos (1+2+3) Sr Nos (1+2+3)

B LOADINGS DUE TO VARIATIONS IN FINANCIAL TERM

6 Variation in payment Terms

Varied payment terms quoted by bidders as compared to the terms stated

in the tender document shall be normalized on the amount(s) at variation

and or for the period (in no of days) at variation by adopting the Prime

Lending Rate of State Bank India plus 2 thereon incase of indigenous

bidders and LIBOR EURIBOR rates in case of foreign bidders

7

Income tax amp Service Tax on

Technical Services Service

Engineers liability to MDL

Normalization shall be done in respect of the amount of tax that have to

be borne by the Company

8 Production norms such as

scrap output ndash input ratio

9 Base date for price variation

clause

1

0

Cost (ex-MDL) excluding taxes

amp duties after loading for

variations in financial term

(SR Nos 5 + 6 + 7 + 8 + 9)

C LOADING ON ACCOUNT OF DEVIATIONS IN FOLLOWING COMMERCIAL TERMS

11

Security Deposit Contract

Performance Guarantee Mandatory

12

Equipment Performance

Guarantee Mandatory

13

Additional delivery period

sought over stipulated period as

per Tender

For the additional period sought by the bidder over the stipulated date of

delivery as per tender 050 per week for delayed period will be loaded

to the quoted price if the period under variation does not lead to bid

rejection criteria 14 Additional time sought for

supplying binding data

15 Liquidated damages per week

rate Maximum Ceiling

If bidder seeks less than 5 (Max ceiling) then the difference will be

loaded

The rate of LD per week or part thereof is 05 If bidder seeks say 04

per week or part thereof then Max Ceiling of LD will be equated to

weeks (Say 10 weeks) then LD proposed by bidder works out to 10 X 04

= 4 then 1 will be loaded

16 Warranty Guarantee

Deviations in respect of the period of Warranty shall be loaded to the

quoted price 025 per month or part thereof This does not arise if

the bidder quotes additional price for the differential period

GM(M)MTI2000007617Passivation Station

Page 37 of 45

17

Cost (Ex-MDL) excluding taxes

amp duties after loading for

variations on account of

financial and commercial terms

Sr Nos 10 + 11 + 12 + 13 + 14 + 15 + 16

D LANDED COST

18

Taxes amp Duties

19

Landed Cost Sr Nos 17 + 18

GM(M)MTI2000007617Passivation Station

Page 38 of 45

Annexure-6

LETTER OF CREDIT FORMAT FOR SHIPMENT BY SEA AIR

40A Form of Documentary Credit Type IRREVOCABLE

20 Transaction Reference Number Documentary

Credit Number

31C Date of Issue Date

31D Date and Place of Expiry Date

Place NEGOTIATING BANK

51A Applicant Bank BIC BANKERS OF MDLMUMBAI

50 Applicant Name amp Address MAZAGON DOCK SHIPBUILDERS LTD

DOCKYARD ROAD MAZAGON MUMBAI ndash

400 010

59 Beneficiary Name amp Address

32B Currency Code Amount

Currency

Amount

39A Percentage Credit Amount Tolerance

Tolerance 1

Tolerance 2

41D Available with hellipByhellip Name amp Address

42C Draft at hellip Narrative SIGHTNEGOTIATION

42D Drawee Name amp Address BANKERS OF MDLMUMBAI

43P Partial Shipments Narrative ALLOWEDNOT ALLOWED

43T Transhipment Narrative ALLOWEDNOT ALLOWED

44A Loading on Board Dispatch Narrative AIRPORT SEAPORT (AS PER TENDER

ENQUIRYORDER)

44B For Transportation to Narrative AIRPORT SEAPORT (AS PER TENDER

ENQUIRYORDER)

44C Latest Date of Shipment Date

46A Documents required Narrative (AS PER TENDER ENQUIRY)

47A Additional conditions Narrative 1 ALL DOCUMENTS SHOULD BE MARKED

WITH IEC CODE NO0388070412 LC NO

AND DATE AND IMPORT UNDER NON-

NEGATIVE LIST OF IMPORT EXPORT

POLICY AM

2 DISCREPANT DOCUMENTS TO BE SENT

STRICTLY ON COLLECTION BASIS

71B Details of charges Narrative ALL FOREIGN BANK CHARGES OUTSIDE

INDIA ARE FOR THE BENEFICIARYrsquoS

ACCOUNT

48 Period for presentation

Narrative

WITHIN ----- DAYS FROM THE DATE OF

BILL OF LADING AIRWAY BILL 49 Confirmation instructions

Instruction

WITHOUT

53D Reimbursing Bank

Name amp Address

BANKERS OF MDL WILL SPECIFY

78 Instructions to the Paying Accepting Bank

Narrative

BANKERS OF MDL WILL SPECIFY 72 Sender to Receiver Information

Narrative

BANKERS OF MDL WILL SPECIFY

GM(M)MTI2000007617Passivation Station

Page 39 of 45

Enclosure-7

PROFORMA BANK GUARANTEE FOR BID BOND EMD

(On Non-Judicial stamp paper of value Rs 500-)

IN CONSIDERATION OF MAZAGON DOCK SHIPBUILDERS LIMTED a company incorporated under the Companies Act 1956 and having its registered office at Dockyard Road Mumbai 400010 (hereinafter referred to as

the ldquothe Companyrdquo which expression shall unless it be repugnant or contrary to the subject or context thereof be

deemed to mean and include its successors and assigns) having agreed to accept the Earnest Money Deposit (EMD)

of Rs--------------------------- -------(Rupees-----------------------------only) in the form of Bank Guarantee from Messers

a partnership firmsole proprietor businessa company registered under the Companies Act 1956

having its office at (hereinafter called the tenderer which expression shall unless it be

repugnant or contrary to the subject or context thereof be deemed to mean and include its successors and assigns) for

participating in the Tender nodated (hereinafter called the tender which expression

shall include any amendmentsalterations to the tender issued by the Company) for the supply delivery at site

installation and commissioning of certain equipment itemservicescivil works etc We

Bank having office at (hereinafter referred to as ldquothe Bankrdquo which

expression shall includes its successors and assigns) hereby agree to pay to the Company without any demur on first

demand an amount not exceeding Rs (Rupeesonly) against any loss or damage costs charges and expenses caused to or suffered by the Company by reason of non performance and non-fulfilment or for

any breach on the part of the tenderer of any of the terms and conditions of the said tender

2 We Bank further agree that the Company shall be sole judge whether the said tenderer has

failed to perform or fulfil the said tender in terms thereof or committed breach of any terms and conditions of the

tender the extent of loss damage cost charges and expenses suffered or incurred or would be suffered or incurred by

the Company on account thereof and we waive in the favour of the Company all the rights and defences to which we

as guarantors may be entitled to

3 We Bank further agree that the amount demanded by the Company as such shall be final and

binding on the Bank as to the Bank s liability to pay and the amount demanded and the Bank undertake to pay the

Company the amount so demanded on first demand and without any demur notwithstanding any dispute raised by the

tenderer or any suit or other legal proceedings including arbitration pending before any court tribunal or arbitrator

relating thereto our liability under this guarantee being absolute and unconditional

4 We Bank further agree with the Company that the Company shall have the fullest liberty

without our consent and without affecting in any manner our obligations hereunder to vary any of the terms and

conditions of the said tenderor to extend time of performance by the tenderer from time to time or to postpone for

any time to time any of the powers exercisable by the Company against the tenderer and to forbear to enforce any of

the terms and conditions relating to the tender and we shall not be relieved from our liability by reason of any such

variation or extension being granted to the tenderer or for any forbearance act or omission on the part of the

Company or any indulgence by the Company to the tenderer or by any such matter or things whatsoever which under

the law relating to sureties would have the effect of relieving us

5 We Bank further undertake not to revoke this guarantee during its currency except with

the previous consent of the Company in writing

6 We Bank also agree that the Bankrsquos liability under this guarantee shall not be affected

by any change in the constitution of the tenderer or dissolution or winding up of the business of the tenderer

7 Notwithstanding anything contained herein above

i) Our liability under this guarantee shall not exceed Rs

ii) This Bank Guarantee shall be valid upto and including and

iii) We are liable to pay the guarantee amount or any part thereof under this Bank Guarantee only and only if you

serve upon us a written claim or demand on or before helliphelliphellip (validity + --- weeks from the date of expiry of this

guarantee)

8 This Guarantee shall be governed by Indian laws and the Courts at Mumbai India shall have the exclusive

jurisdiction

GM(M)MTI2000007617Passivation Station

Page 40 of 45

IN WITNESS WHEREOF the Bank has executed this document on this day

of

For Bank

(by its constituted attorney

or the person authorized to sign)

(Signature of a person authorized

to sign on behalf of the Bank)

GM(M)MTI2000007617Passivation Station

Page 41 of 45

Enclosure-8

PROFORMA BANK GUARANTEE FOR SECURITY DEPOSIT (ILLUSTRATIVE FORMAT)

(On Non-Judicial stamp paper of value Rs 500)

IN CONSIDERATION OF MAZAGON DOCK SHIPBUILDERS LIMTED a company incorporated under the

Companies Act 1956 and having its registered office at Dockyard Road Mumbai 400010 (hereinafter referred to as

the ldquothe Purchaserrdquo which expression shall unless it be repugnant or contrary to the subject or context thereof be

deemed to mean and include its successors and assigns) having placed an order on Messers

a partnership firmsole proprietor businessa company registered under the Companies Act 1956

having its office at (hereinafter called the Contractor Supplier which expression shall unless it

be repugnant or contrary to the subject or context thereof be deemed to mean and include its successors and assigns)

vide order No dated (hereinafter called the order which expression shall include any

amendmentsalterations to the order issued by the Purchaser) for the supply delivery at site installation and

commissioning of certain equipment itemservicescivil works etc as stated in the said Order and the Purchaser

having agreed with the ContractorSupplier to accept a Bank Guarantee in lieu of Security Deposit payable under the

said order for the fulfilment and performance of the said order We Bank having

office at (hereinafter referred to as the Bank which expression shall includes its

successors and assigns) hereby agree to pay to the Purchaser without any demur on first demand an amount not

exceeding Rs (Rupeesonly) being 5 of the order value against any loss or damage costs

charges and expenses caused to or suffered by the Purchaser by reason of non performance and non-fulfilment or for

any breach on the part of the Contractor Supplier of any of the terms and conditions of the said order

2 We Bank further agree that the Purchaser shall be sole judge whether the said

contractorSupplier has failed to perform or fulfil the said order in terms thereof or committed breach of any terms

and conditions of the order and the extent of loss damage cost charges and expenses suffered or incurred or would

be suffered or incurred by the Purchaser on account thereof and we waive in the favour

of the Purchaser all the rights and defences to which we as guarantors may be entitled to

3 We Bank further agree that the amount demanded by the Purchaser as such shall be final and

binding on the Bank as to the Bank s liability to pay and the amount demanded and the Bank undertake to pay the

Purchaser the amount so demanded on first demand and without any demur notwithstanding any dispute raised by the

ContractorSupplier or any suit or other legal proceedings including arbitration pending before any court tribunal or

arbitrator relating thereto our liability under this guarantee being absolute and unconditional

4 We Bank further agree with the Purchaser that the Purchaser shall have the fullest liberty

without our consent and without affecting in any manner our obligations hereunder to vary any of the terms and

conditions of the said orderor to extend time of performance by the Supplier from time to time or to

postpone for any time to time any of the powers exercisable by the Purchaser against the Contractor Supplier and to

forbear to enforce any of the terms and conditions relating to the order and we shall not be relieved from our liability

by reason of any such variation or extension being granted to the Contractor Supplier or for any forbearance act or

omission on the part of the Purchaser or any indulgence by the

Purchaser to the ContractorSupplier or by any such matter or things whatsoever which under the law relating to

sureties would have the effect of relieving us

5 We Bank further undertake not to revoke this guarantee during its currency except with

the previous consent of the Purchaser in writing

6 We Bank also agree that the Bankrsquos liability under this guarantee shall not be affected

by any change in the constitution of the Contractor Supplier or dissolution or winding up of the business of the

contractor supplier

7 Notwithstanding anything contained herein above

i) Our liability under this guarantee shall not exceed Rs

ii) This Bank Guarantee shall be valid upto and including and

GM(M)MTI2000007617Passivation Station

Page 42 of 45

iii) We are liable to pay the guarantee amount or any part thereof under this Bank Guarantee only and only if you

serve upon us a written claim or demand on or before helliphelliphelliphellip(validity + ---weeks from the date of expiry of this

guarantee)

8 This Guarantee shall be governed by Indian laws and the Courts at Mumbai India

shall have the exclusive jurisdiction

IN WITNESS WHEREOF the Bank has executed this document on

this day of

For Bank

(by its constituted attorney)

(Signature of a person authorised

to sign on behalf of the Bank)

GM(M)MTI2000007617Passivation Station

Page 43 of 45

Enclosure-9

PROFORMA BANK GUARANTEE FOR PERFORMANCE (ILLUSTRATIVE FORMAT)

(On Non-Judicial stamp paper of value Rs 500-)

IN CONSIDERATION OF MAZAGON DOCK SHIPBUILDERS LIMTED a company incorporated under the

Companies Act 1956 and having its registered office at Dockyard Road Mumbai 400010 (hereinafter referred to as

the ldquothe Purchaserrdquo which expression shall unless it be repugnant or contrary to the subject or context thereof be

deemed to mean and include its successors and assigns) having placed an order on Messers a

partnership firmsole proprietor businessa company registered under the Companies Act 1956 having its Registered

office at (hereinafter called the Contractor Supplier which expression shall unless it be

repugnant or contrary to the subject or context thereof be deemed to mean and include its successors and assigns)

vide order No dated (hereinafter called the order which expression shall include any

amendmentsalterations to the order issued by the Purchaser) for the supply delivery at site installation and

commissioning of certain equipment itemservicescivil works etc as stated in the said Order and the Purchaser

having agreed that the Contractor Supplier shall furnish a security for the performance of the Contractorrsquos

Suppliers obligations andor discharge of the Contractorrsquos Suppliers liability in connection with the said order and

the Purchaser having agreed with the ContractorSupplier to accept a performance guarantee We

Bank having office at (hereinafter referred to as the

Bank which expression shall includes its successors and assigns) hereby agree to pay to the Purchaser without any

demur on first demand an amount not exceeding Rs (Rupeesonly) being 10 of the order

value against any loss or damage costs charges and expenses caused to or suffered by the Purchaser by reason of

non-performance and non-fulfilment or for any breach on the part of the Contractor Supplier of any of the terms and

conditions of the said order

2 We Bank further agree that the Purchaser shall be sole judge whether the said

ContractorSupplier has failed to perform or fulfil the said order in terms thereof or committed breach of any terms

and conditions of the order and the extent of loss damage cost charges and expenses suffered or incurred or would

be suffered or incurred by the Purchaser on account thereof and we waive in the favour of

the Purchaser all the rights and defences to which we as guarantors may be entitled to

3 We Bank further agree that the amount demanded by the Purchaser as such shall be final and

binding on the Bank as to the Bank s liability to pay and the amount demanded and the Bank undertake to pay the

Purchaser the amount so demanded on first demand and without any demur otwithstanding any dispute raised by the

ContractorSupplier or any suit or other legal proceedings including arbitration pending before any court tribunal or

arbitrator relating thereto our liability under this guarantee being absolute and unconditional

4 We Bank further agree with the Purchaser that the Purchaser shall have the fullest liberty

without our consent and without affecting in any manner our obligations hereunder to vary any of the terms and

conditions of the said orderor to extend time of performance by the Supplier from time to time or to postpone for

any time to time any of the powers exercisable by the Purchaser against the Contractor

Supplier and to forbear to enforce any of the terms and conditions relating to the order and we shall not be relieved

from our liability by reason of any such variation or extension being granted to the Contractor Supplier or for any

forbearance act or omission on the part of the Purchaser or any indulgence by the Purchaser to the

ContractorSupplier or by any such matter or things whatsoever which under the law

relating to sureties would have the effect of relieving us

5 We Bank further undertake not to revoke this guarantee during its currency except with

the previous consent of the Purchaser in writing

6 We Bank also agree that the Bankrsquos liability under this guarantee shall not be affected

by any change in the constitution of the Contractor Supplier or

dissolutionhelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

7 Notwithstanding anything contained herein above

i) Our liability under this guarantee shall not exceed Rs

ii) This Bank Guarantee shall be valid upto and including and

GM(M)MTI2000007617Passivation Station

Page 44 of 45

iii) We are liable to pay the guarantee amount or any part thereof under this Bank Guarantee only and only if you

serve upon us a written claim or demand on or before helliphelliphellip (validity + ---weeks from the date of expiry of this

guarantee)

8 This Guarantee shall be governed by Indian laws and the Courts at Mumbai India shall have the exclusive

jurisdiction

IN WITNESS WHEREOF the Bank has executed this document on

this day of

For Bank

(by its constituted attorney)

(Signature of a person authorised

to sign on behalf of the Bank)

GM(M)MTI2000007617Passivation Station

Page 45 of 45

Enclosure-10

Electronic Payment Mandate Form

(MDL Bank details)

Name of the CompanyFirm Mazagon Dock Shipbuilders Limited

Address with Phone no Dockyard Road Mumbai ndash 400010

E-Mail ID

Phone No +91 22 23745310

Fax No

Particulars of Bank Account

Name of the Bank State Bank of India

Name of the Branch Mazagon Dock Mumbai Branch

Branch Code 9054

Bank IFSC NEFT Code SBIN0009054

Bank Address MBPT Workshop building NV Nakhwa Road Mazagon - 400010

City Name Mumbai

Telephone No of Bank +91 22 23752802

9 digit code no of bank amp branch

appearing on the MICR cheque

issued by your bank

400002120

Type of Account Current Account

Account No 10005255246

Income Tax PAN No AAACM8029J

Page 29: Final Tender - Mazagon Dock Shipbuilders...DIVISION-SHIP BUILDING DEPARTMENT-MATERIAL PROCUREMENT Tender no.: GM(M)/MTI/2000007617 for the Engineering, Manufacturing, Supply/Installation,

GM(M)MTI2000007617Passivation Station

Page 29 of 45

Enclosure-3

STANDARD TERMS AND CONDITIONS (STACS) 101 The word Purchaser refers to MAZAGON DOCK SHIPBUILDERS LIMITED (MDL) a Company

registered under the Indian Companies Act 1913 and it includes its successors or assignees

102 The word BidderVendorContractor means the person firm Company who undertakes to

manufacture and or supply and or undertake work of any nature assigned by the Purchaser from time to time

and includes its successors or assignees

103 The word Owner means the person or authority with whom MAZAGON DOCK SHIPBUILDERS

LIMITED (Purchaser) has contracted to carry out work in relation to which orders are placed by the

Purchaser on the BidderVendorContractor under this contract for supply or manufacture of certain items

and would include Department of Defence Production Ministry of Defence Government of India the Indian

Navy the Coast Guard and any other specified authority

120 GENERAL 121 Unless otherwise indicated specifically by the bidder contractor in his bid it shall be construed as his

acceptance of all the conditions mentioned in this STACS

200 COMMUNICATION amp LANGUAGE FOR DOCUMENTATION 201 Any letter facsimile message e-mail intimation or notice sent to the BidderVendorContractor at the

last known address mentioned in the offer order shall be deemed to be valid communication for the purpose

of the ordercontract Unless stated otherwise by the purchaser Language for communication amp all

documentation shall be same which the Purchaser has used in the tender enquiry

210 PURCHASERrsquoS PROPERTY 211 All property (such as materials drawings documents etc) issued by the Purchaser or any other

individual or firm on behalf of the Purchaser in connection with the contract shall remain confidential being

the property of the Purchaser and the BidderVendorContractor shall undertake to return all such property so

issued and will be responsible for any or all loss thereof and damage thereto resulting from whatever causes

and shall reimburse the Purchaser the full amount of loss and damage

212 On completion of work in any compartment location of the purchaserrsquos premises the

BidderSupplierContractor must ensure that the place is left in a reasonably clean state and all scrap is

transferred to nearby scrap-bins

220 RISK PURCHASE 221 If the equipment article service or any portion thereof be not delivered performed by the scheduled

delivery date period any stoppage or discontinuation of ordered supply awarded contract without written

consent by Purchaser or not meeting the required quality standards the Purchaser shall be at liberty without

prejudice to the right of the Purchaser to recover Liquidated Damages penalty as provided for in these

conditions or to any other remedy for breach of contract to terminate the contract either wholly or to the

extent of such default Amounts advanced or part thereof corresponding to the undelivered supply shall be

recoverable from the Contractor Bidder at the prevailing bank rate of interest

222 The Purchaser shall also be at liberty to purchase manufacture or supply from stock as it deems fit

other articles of the same or similar description to make good such default and or in the event of the contract

being terminated the balance of the articles of the remaining to be delivered there under Any excess over the

purchase price cost of manufacture or value of any articles supplied from the stock as the case may be over

the contract price shall be recoverable from the Bidder Vendor Contractor

230 RECOVERY ADJUSTMENT PROVISIONS 231 Payment made under one order shall not be assigned or adjusted to any other order except to the extent

agreed upon in writing by the Purchaser During the currency of the contract if any sum of money is payable

by the Bidder Vendor Contractor the same shall be deducted from any sum then due or thereafter may

become due to the Bidder Vendor Contractor under the contract or any other contract with the Purchaser

240 ADDITIONAL BANK GUARANTEE In case after opening of price bid of technically cleared firms it is noted that L-1 firm has quoted very low

rates and indicates to withdraw from the tender then EMD shall be forfeited and firm may be given tender

holiday including intimation to other PSUs If the rates quoted are less than MDL estimates by 40 or so and

if the difference in rate between L1 and L2 is 30 or more then the firm will have to give additional BG of

20 of the PO value as additional security Bank charges for this additional BG shall be borne by MDL and

reimbursed against proof of payment

250 INDEMNIFICATION 251 The Bidder Vendor Contractor his employees licencees agents or Sub-Vendor Sub-contractor

while on site of the Purchaser for the purpose of this contract indemnifies the Purchaser against direct

GM(M)MTI2000007617Passivation Station

Page 30 of 45

damage and or injury to the property and or the person of the Purchaser or that of Purchasers employees

agents Sub- Contractors Suppliers occurring and to the extent caused by the negligence of the Bidder

Vendor Contractor his employees licencees agents or Sub-contractor by making good such damages to the

property or compensating personal injury and the total liability for such damages or injury shall be as

mutually discussed and agreed to

260 TRANSFER OF VENDORS CONTRACTORrsquoS RIGHTS 261 The Bidder Vendor Contractor shall not either wholly or partly sell transfer assign or otherwise

dispose of the rights liabilities and obligations under the contract between him and the Purchaser without

prior consent of the Purchaser in writing

270 SUBCONTRACT amp RIGHT OF PURCHASER 271 The Bidder Vendor Contractor under no circumstances undertake or subcontract any work contract

from or to any other Sub-contractor without prior written approval of the Competent Authority of Purchaser

In the event it is found that such practice has been indulged in the contract is liable to be terminated without

notice and the Bidder Vendor Contractor is debarred all from future tender enquiries work orders

However in no circumstances a contractor is permitted to subcontract any part of the contract to the bidders

who had quoted for the concerned tender

280 PATENT RIGHTS 281 The Bidder Vendor Contractor shall hold harmless and keep the Purchaser indemnified against all

claims arising as a result of infringement of any patent copy rights on account of manufacture sale or use of

articles covered by the order

290 AGENTS AGENCY COMMISSION

291 The seller confirms and declares to the buyer that the seller is the original manufacturer or authorized

distributorstockiest of original manufacturer of the stores referred to in this contract and has not engaged any

individual or firm whether Indian or foreign whatsoever to intercede facilitate or in any way to

recommended to the Buyer or any of its functionaries whether officially or unofficially to the award of the

Contract Purchase order to the Seller nor has any amount been paid promised or intended to be paid to any

such individual or firm in respect of any such intercession facilitation or recommendation The Seller agrees

that if it is established at any time to the satisfaction of the Buyer that the present declaration is in any way

incorrect or if at a later stage it is discovered by the Buyer that the Seller has engaged any such

individualfirm and paid or intended to pay any amount gift reward fees commission or consideration to

such person party firm or institution whether before or after the signing of this Contract Purchase order

the Seller

will be liable to refund that amount to the Buyer

Tender no GM (M)GRA2000007246 Page 16 of 26

The seller will also be debarred from participation in any RFQTender for new projectsprogram with Buyer

for a minimum period of five years

The buyer will also have a right to consider cancellation of the Contract either wholly or in part without any

entitlement or compensation to the Seller who shall in such event be liable to refund all payments made by

the buyer in terms of the Contract along with interest at the rate of 2 per annum above LIBOR (London

Inter Bank Offer Rate) (for foreign vendors) and base rate of SBI plus 2 (for Indian Vendors)

The Buyer will also have the right to recover any such amount from any contracts concluded earlier with

Buyer

300 USE OF UNDUE INFLUENCE CORRUPT PRACTICES

301 The Bidder Supplier Contractor undertakes that he has not given offered or promised to give directly

or indirectly any gift consideration reward commission fees brokerage or inducement to any person in

service of the Purchaser or otherwise in procuring the contract or forbearing to do or for having done or

forborne to do any act in relation to the obtaining or execution of the Contract with the Purchaser for showing

or forbearing to show favour or disfavour to any person in relation to the Contract or any other Contract with

the Purchaser Any breach of the aforesaid undertaking by the Bidder Supplier Contractor or any one

employed by him or acting on his behalf (whether with or without the knowledge of the Bidder Supplier

Contractor) or the commission of any offence by the Bidder Supplier Contractor or any one employed by

him or acting on his behalf as defined in Chapter IX of the Indian Penal Code 1980 or the Prevention of

Corruption Act 1947 or any other Act enacted or the prevention of corruption shall entitle the Purchaser to

cancel the contract and all or any other contracts with the Bidder Contractor Supplier and recover from the

Bidder Supplier Contractor the amount of any loss arising from such cancellation Decision of the

Purchaser or his nominee to the effect that a breach of the undertaking has been committed shall be final and

binding on the Bidder Supplier Contractor

302 The Bidder Supplier Contractor shall not offer or agree to give any person in the employment of

GM(M)MTI2000007617Passivation Station

Page 31 of 45

Purchaser any gift or consideration of any kind as Inducement or reward for doing or forbearing to do or

for having done or forborne to do any act in relation to the obtaining or execution of the contracts Any

breach of the aforesaid condition by the Bidder Supplier Contractor or any one employed by them or

acting on their behalf (whether with or without the knowledge of the Bidder Supplier Contractor) or the

commission of any offence by the Bidder Supplier Contractor or by any one employed by them or acting

on their behalf which shall be punishable under the Indian Penal Code 1980 andor the Prevention of

Corruption by Public Servants shall entitle Purchaser to cancel the contracts and all or any other contracts

and then to recover from the Bidder Supplier Contractor the amounts of any loss arising from such

contracts cancellation including but not limited to imposition of penal damages forfeiture of Security

Deposit encashment of the Bank Guarantee and refund of the amounts paid by the Purchaser

303 In case it is found to the satisfaction of the Purchaser that the Bidder Supplier Contractor has

engaged an Agent or paid commission or influenced any person to obtain the contract as described in clauses

relating to Agents Agency Commission and use of undue Influence the Bidder Supplier Contractor on a

specific request of the Purchaser shall provide necessary information inspection of the relevant financial

document information

310 IMMUNITY OF GOVERNMENT OF INDIA CLAUSE 311 It is expressly understood and agreed by and between Ms (Bidder Supplier Contractor) and

MAZAGON DOCK SHIPBUILDERS LIMITED Dockyard Road Mumbai - 400 010 (MDL) is entering

into this Agreement solely on its own behalf and not on the behalf of any person or entity In particular it is

expressly understood and agreed that the Government of India is not a party to this Agreement and has no

liabilities obligations or rights hereunder It is expressly understood and agreed that MDL is an independent

legal entity with power and authority to enter into contracts solely in its own behalf under the applicable of

Laws of India and general principles of Contract Law The (Bidder Supplier Contractor) expressly agrees

acknowledges and understands that MDL is not an agent representative or delegate of the Government of

India It is further understood and agreed that the Government of India is not and shall not be liable for any

acts omissions and commissions breaches or other wrongs arising out of the contract Accordingly (Bidder

Supplier Contractor) hereby expressly waives releases and foregoes any and all actions or claims including

cross claims impleader claims or counter claims against the Government of India arising out of this contract

and covenants not to sue Government of India in any manner claim cause of action or thing whatsoever

arising of or under this Agreement

320 EXPORT LICENCE 321 The export licenses that may be required for delivery of the various itemsequipment to MDL shall be

arranged by the Bidder Supplier Contractor from the concerned authorities in their country without any

time amp cost implications on the Purchaser

330 BANNED OR DE-LISTED CONTRACTORS VENDORS 331 The Bidder Vendor Contractor declares that they being Proprietors Directors Partners have not

been any time individually or collectively blacklisted or banned or de-listed by any Government or quasi

Government agencies or PSUs If a bidderrsquos entities as stated above have been blacklisted or banned or delisted

by any Government or quasi Government agencies or PSUs this fact must be clearly stated and it may

not necessarily be a cause for disqualifying him

340 DUTY OF PERSONNEL OF SUPPLIERVENDOR 341 MDL being a Defence Organization Bidder Vendor Contractor undertakes that their personnel

deployed in connection with the entrusted work will not indulge in any activities other than the duties

assigned to them

350 DISPUTE RESOLUTION MECHANISM AND ARBITRATION

351 DISPUTE RESOLUTION MECHANISM (DRM) i) Any disputedifferences between the parties arising out of and in connection with the contract shall be

settled amicably by mutual negotiations

ii) In case of non-settlement by (i) above if at any time before during or after the contract period any

unsettled claim dispute or difference arose between the parties upon or in relation to or in connection with

or in any way touching or concerning this tenderagreementordercontract the same shall be referred to the

concerned Functional Director

The Functional Director shall then nominate an Executive of the rank of General Manager whom he thinks fit

and competent or a Committee of Executives whowhich shall then scrutinise the claimsdisputes that have

been referred to the concerned functional Director and make efforts for amicable settlements by mutual

discussionsnegotiations

iii) In case no amicable settlement is arrived by (ii) above within a period of three months then the contractor

shall approach Public Grievance Cell and address the disputes as per the provisions made under the relevant

GM(M)MTI2000007617Passivation Station

Page 32 of 45

clause of the contract

iv) In case the issuesdisputes do not get settled within a period of six months from the date of

submission of the dispute to the Grievance Cell then the contractor may invoke Arbitration Clause of the

contract

352 ARBITRATION Unresolved disputesdifferences if any shall then be settled by arbitration The

Arbitration proceedings shall be conducted at Mumbai India in English Language under the Arbitration amp

Conciliation Act 1996

MDL prefers to have arbitration through Institutes such as Indian Council of Arbitration (ICA)ICA-DR with

the mutual consent of the parties

353 In case of unresolved differencedispute between the Purchaser and Supplier being Central Public

Sector EnterprisesCentral Govt departments the disputes shall be resolved firstly through mutual discussion

or through the empowered agencies of the Govt or through arbitration by reference by either party to the

department of Public Enterprises as per extant guidelines If disputesdifferences remain

unresolvedunexecuted the same shall be referred first to the Cabinet Secretariat and then if necessary to the

PMO

354 Any changes to arbitration clause must be vetted by HOD (Legal) before incorporation in

contractPO

360 JURISDICTION OF COURTS 361 All contracts shall be deemed to have been wholly made in Mumbai and all claims there under are

payable in Mumbai City and it is the distinct condition of the order that no suit or action for the purpose of

enforcing any claim in respect of the order shall be instituted in any Court other than that situated in Mumbai

City Maharashtra State India ie courts in Mumbai shall alone have jurisdiction to decide upon any dispute

arising out of or in respect of the contract

-----------------------

GM(M)MTI2000007617Passivation Station

Page 33 of 45

Enclosure-4

GENERAL TERMS amp CONDITIONS (GTampC)

A10 Blank

A20 SECURITY DEPOSIT A21 The successful bidder shall submit a Security Deposit 5 of the contract order value (excluding

taxes duties freight service component) of the Order in the form of Demand Draft Bank Guarantee in the

prescribed format in favour of Purchaser within 25 days from date of Contract The Security Deposit will be

returned only after the successful execution of the order contract Refund of Security Deposit whenever

considered admissible by the Purchaser shall be without interest only

A30 FORFEITURE OF EMD BID BOND A31 In cases of withdrawal of bid during validity period or during any extension granted thereof non

acceptance of agreed conditions of Technical and or Commercial and or Price Negotiations non-submission

of the security deposit and or non-acceptance of the order the EMD or bid security will be forfeited or

encashed as the case may be

A40 FORFEITURE OF SECURITY DEPOSIT A41 Non-performance of agreed terms and or defaultbreach by BidderVendorContractor will result in

forfeiture of security deposit with application of risk purchase provisions as felt appropriate by the Purchaser

A50 FORFEITURE OF PERFORMANCE GUARANTEE A51 In the event of BidderVendorContractor failure to attend the Guarantee defects within a reasonable

period of time the Performance Bank Guarantee will be encashed by the Purchaser The Purchaserrsquos decision

shall be final and binding on BidderVendorContractor

A60 SUPPLIES A61 The equipment products items Services to be supplied shall be strictly in accordance with the

Drawings Specifications Requirements indicated in the Tender Enquiry Order with deviations if any as

mutually accepted

A70 PROGRESS REPORTING amp MONITORING A71 Where so stipulated in the order the Bidder Supplier Contractor shall render such reports from time

to time as regards the progress of the contract and in such a form as may be called for by the Purchaser

A80 CANCELLATION OF ORDER A81The Purchaser reserves the right to cancel an order forthwith without any financial implications on either

side if on completion of 50 of the scheduled deliveryCompletion period the progress of

manufactureSupply is not to the satisfaction of Purchaser and failure on the part of the

BidderVendorContractor to comply with the delivery schedule is inevitable In such an event the

BidderVendorContractor shall repay all the advances together with interest at prevailing bank rates from the

date of receipt of such advances till date of repayment The title of any property delivered to Purchaser will

be reverted to the BidderVendorContractor at his cost

A82 In case of breach non-compliance of any of the agreed terms amp conditions of order contract MDL

reserves the right to recover consequential damages from the vendor contractor on account of such

premature termination of contract

A83 In case of delay beyond agreed period for liquidated damages or 10weeks from contractual delivery

period whichever is earlier MDL reserves the right to cancel the order and procure the order items services

from any available source at MDLrsquos option amp discretion and entirely at your risk and cost Extra expenditure

incurred by MDL in doing will be recoverable from Bidder Supplier Contractor

A90 PRESERVATION AND MAINTENANCE

A91 Should any material require any preservation till its final installationfitment the detailed procedure

(Long term amp short term) for the same as also the time of interval after which the state of preservation needs

to be reviewed is to be stated by the BidderVendorContractor

A92 Further the de-preservation prior to the materialequipment being commissioned and the maintenance

procedure together with its periodicity is also to be indicated by the Bidder Vendor Contractor

A93 The Bidder Vendor Contractor in their offer must confirm that indigenous oil lubricants and

preservatives etc can be used in the equipment The bidder must also give assurance that the equipment

performance will not be downgraded by use of indigenous equivalents

A100 FREIGHT amp INSURANCE

A101 For Indigenous Bidders In cases where the offers are for Door Delivery to Purchaser transit freight

amp Insurance charges shall be borne by the Bidder Supplier Contractor In other agreed cases of Ex-works

Ex-Transporters warehouse or Railway godown offers the Bidder Supplier Contractor on dispatch shall

give details of materials with dispatch particulars and their value in time to Purchasers Insurance Company

GM(M)MTI2000007617Passivation Station

Page 34 of 45

on the contact details as provided in the order In such agreed cases the freight amp insurance charges will be

paid by the purchaser directly to the parties concerned

A102 For Foreign Bidders For overseas supplies on CIF port of dispatch basis Transit Insurance shall be

arranged by the Purchaser The Bidder Supplier Contractor shall immediately on despatch of the

items inform all relevant details of despatch such as Order number Bill of LadingAWB number

marked as Freight Paid Insurance policydocument number of packages value of consignment

invoice number in time directly to Purchasers Insurance company amp Purchaser on the contact details

as provided in the order In case of delivery term other than CIFCIP the freight amp insurance charges

will be paid by the purchaser directly to the parties concerned

A110 TAXES amp DUTIES STATUTORY LEVIES A111 Taxes and duties applicable if any shall be regularized by MDL by issuing necessary exemption

certificates in respect of procurement for Defence Projects Bidder shall indicate separately the GST and

duties applicable in their offer When the items qualify for exemption partlyfully but the supplier did not

avail of the same the amount of taxes and duties on such supplies shall be to supplierrsquos account In cases

where exemption certificates are not issued for any reason taxes shall be paid as indicated in the Purchase

OrderContract Tax deduction at source will be effected wherever applicable (eg TDS under Income tax

Act TDS on Works Contract under GST Act etc) from the bills of the Supplier as per statutes Similarly

where payment of Custom duty is agreed to and stipulated in the Purchase Order Contract the same will be

paid by the Purchaser on receipt of supplierrsquos bills along with Custom Certified Duty Paid Challan-Money

Receipt in original or carbon copy as relevant These Challans Receipts Bill of Entry are to be drawn issued

in the name of lsquoMAZAGON DOCK SHIPBUILDERS LIMITEDrsquo only Where payment of GST is agreed to

and stipulated in the Purchase Order Contract the same will be paid by the Purchaser on the basis of

Suppliers TAX INVOICE wherein the GST Number along with HSN SAC code is indicated in the Invoice

A120 DEMURRAGE A121 Storage and Demurrage charges will be payable by the Bidder Vendor Contractor for all shipments

that reach purchaser without proper dispatch documentations Lorry Receipts not accompanied by packing

lists invoices etc The Supplier shall be responsible for fines due to errors or omissions in description weight

or measurements and for increased handling charges due to improper packing

A130 INSPECTION TESTING A131The ordered items will be inspected either by Classification Society Nominated Agency and or by

Inspection Officer nominated by Purchaser at stages defined in the tender Purchase Order or as agreed to be

defined subsequently in terms of the Purchase Order

A132 The decision of the Inspecting Authority or their representatives as the case may be on any question

of the intent meaning and the scope of Specifications Standards shall be final conclusive and binding on

the Bidder Vendor Contractor

A133 The Bidder Vendor Contractor shall accord all facilities to Purchasers Inspectors Nominated

Agency to carry out Inspection Testing during course of manufacture final testing

A140 RECEIPT INSPECTION BY MDL A141 MDL shall carry out necessary inspection of the items on receipt on the basis of an appropriate quality

assurance system and inspection system requirements along with representative of the Owner Any objection

raised by MDL Quality Control Team against quality of materials or workmanship shall be satisfactorily

corrected by the Contractor at his expense including replacement as may be required within shortest possible

time within 30 days Items damaged during transit shall also be rectified replaced by the Contractor within

shortest possible time payment for which shall be made at mutually agreed rates

A150 REJECTION OF MATERIALS A151 Should the articles or any portion thereof of the equipment be found defective rejected the Bidder

Vendor Contractor shall collect the same from the Purchasers Stores all incidental charges being borne by

him (inclusive of Custom duty if payable) within 30 days from the date of intimation to the Bidder Vendor

Contractor of such rejection The Purchaser reserves the right to dispose off the rejected items at the end of

a total period of 90 days in any manner to the best advantage to the Purchaser and recover storage charges

and any consequential damages from sale proceeds of such disposal

A160 TECHNOLOGICAL DEVELOPMENTS MODIFICATIONS

A161 The Bidder Supplier Contractor shall unconditionally and free of cost to the Purchaser transfer

information on technological developments innovations modifications which the BidderSupplier

Contractor would evolve in future (within 3 years) in relation to the supplied equipment To enable this the

Purchasers address shall be added to the Bidder Supplier Contractorrsquos mailing list or database or any other

document maintained for dissemination of product information and the Purchaser shall be informed of the

GM(M)MTI2000007617Passivation Station

Page 35 of 45

action taken in this regard If such improvements modifications are brought in by the Bidder Supplier

Contractorrsquos Design Department in the course of manufacture of equipment ordered by the Purchaser the

Bidder Supplier Contractor shall incorporate such improved versions in the equipment without any extra

cost to the Purchaser under Purchaserrsquos prior consent

A162 If the Purchaser be desirous of getting incorporated all post supply modifications improvements

arising out of technological developments to the original equipment supplied by the Bidder Supplier

Contractor the Bidder Supplier Contractor shall quote for and carry out all such modifications to the

equipment

A163 Where the whole or a portion of the equipment has been specifically developed by the Bidder

Supplier Contractor for the Owner and the latter would through the Purchaser be bearing the entire or part

of the development cost incurred by the Bidder Supplier Contractor the design rights for the whole or

portion thereof of the equipment as appropriate shall vest in the Owners

A164 Prior approval of the Owner should be obtained before similar articles are sold supplied to any other

party other than the Owner If such approval is given and sale is effected the Bidder Supplier Contractor

shall pay to the Owner royalty at the rate mutually agreed to

A165 The Sub-contractor Supplier Supplier shall continue to support the equipment for a minimum period

of 20 years from the date of supply by making available spare parts and assemblies of the equipment

supplied Should the Sub-contractor Supplier Supplier decides to discontinue the product for any reason

whatsoever adequate notice shall be given to the Purchaser Owner to enable procurement of the requisite

lifetime spares

A170 PURCHASERrsquoS RIGHT TO ACCEPT ANY BID PART OF BID AND TO REJECT ANY OR

ALL BIDS A171 The Purchaser reserves the right to accept and or reject any or all tenders and or to withdraw the tender

in Toto and or award the contract order in full or part to more than one vendor contractor without

assigning any reason whatsoever and without thereby incurring any liability to the affected Bidder or Bidders

or any obligations to inform the affected Bidder or Bidders of the grounds for MDL action

A180 BANK GUARANTEE INSURANCE COVER FOR FREE ISSUE MATERIAL A181 The Bidder Supplier Contractor shall furnish Bank Guarantee insurance Cover equivalent to the

value of materials supplied by MDL free of cost valid up to the execution of the contract delivery of

material inspected accepted and receipt at MDL together with the material reconciliation statement

whichever is later

A190 BIDDERrsquoS RESPONSE IN CASE OF NO PARTICIPATION A191 The Sub-contractor Supplier Vendor shall inform the Purchaser in advance in case he is unable to

participate in the tender for whatsoever reason Failure to comply with this will be viewed seriously and

consecutive three failures on the part of Sub-contractor Supplier Vendor to do so is liable for

disqualification debarring of the Sub-contractor Supplier Vendor from all future tender enquiries and or

delisting from the list of Approved Registered Vendors

A230 PREFERENCETIAL PURCHASE FROM MSE VENDORS ndash Not Applicable MDL has right to place order on MSE firm meeting following criteria

In tenders if participating MSEs quoted prices are within price band of L1+15 such MSEs shall also be

allowed to supply a portion up to 20 of requirement by bringing down their prices to L1 price where L1 is

non MSEs If more than 1 MSEs fall under such criteria then this 20 shall be distributed proportionally

This preference shall not be applicable where MSE firm is L1 firm out of 20 percent target of annual

procurement from Micro and Small Enterprises a sub-target of 20 percent (ie 4 percent out of 20 percent)

shall be earmarked for procurement from Micro and Small Enterprises owned by the Scheduled Caste or the

Scheduled Tribe Entrepreneurs In respect of items reserved for MSE extant guidelines shall be followed

Presently Circular No SO 581(E) dated 23032012 is applicable

GM(M)MTI2000007617Passivation Station

Page 36 of 45

Annexure-5

LOADING FACTORS A

Sr

No

Description Foreign Supplier

100 import content

Indigenous

Supplier with part

Import content

Indigenous

Supplier without

Import content

1 Basic Price Quoted

CIF

a a Ex Works

b b Delivered to

MDL Stores

a Ex Works

b Delivered to

MDL Stores

2 Add Insurance Charges Nil In case of 1 (a) In case of 1 (a)

3 Add Sea Air Freight charges

Inland Road Transport Nil In case of 1 (a) In case of 1 (a)

4

Customs Clearance Port

Handling Transportation to

Yard

Applicable NIL NIL

5

Cost (ex-MDL) excluding taxes

amp duties without loading

towards any deviations

CIF price +

SrNo4 Sr Nos (1+2+3) Sr Nos (1+2+3)

B LOADINGS DUE TO VARIATIONS IN FINANCIAL TERM

6 Variation in payment Terms

Varied payment terms quoted by bidders as compared to the terms stated

in the tender document shall be normalized on the amount(s) at variation

and or for the period (in no of days) at variation by adopting the Prime

Lending Rate of State Bank India plus 2 thereon incase of indigenous

bidders and LIBOR EURIBOR rates in case of foreign bidders

7

Income tax amp Service Tax on

Technical Services Service

Engineers liability to MDL

Normalization shall be done in respect of the amount of tax that have to

be borne by the Company

8 Production norms such as

scrap output ndash input ratio

9 Base date for price variation

clause

1

0

Cost (ex-MDL) excluding taxes

amp duties after loading for

variations in financial term

(SR Nos 5 + 6 + 7 + 8 + 9)

C LOADING ON ACCOUNT OF DEVIATIONS IN FOLLOWING COMMERCIAL TERMS

11

Security Deposit Contract

Performance Guarantee Mandatory

12

Equipment Performance

Guarantee Mandatory

13

Additional delivery period

sought over stipulated period as

per Tender

For the additional period sought by the bidder over the stipulated date of

delivery as per tender 050 per week for delayed period will be loaded

to the quoted price if the period under variation does not lead to bid

rejection criteria 14 Additional time sought for

supplying binding data

15 Liquidated damages per week

rate Maximum Ceiling

If bidder seeks less than 5 (Max ceiling) then the difference will be

loaded

The rate of LD per week or part thereof is 05 If bidder seeks say 04

per week or part thereof then Max Ceiling of LD will be equated to

weeks (Say 10 weeks) then LD proposed by bidder works out to 10 X 04

= 4 then 1 will be loaded

16 Warranty Guarantee

Deviations in respect of the period of Warranty shall be loaded to the

quoted price 025 per month or part thereof This does not arise if

the bidder quotes additional price for the differential period

GM(M)MTI2000007617Passivation Station

Page 37 of 45

17

Cost (Ex-MDL) excluding taxes

amp duties after loading for

variations on account of

financial and commercial terms

Sr Nos 10 + 11 + 12 + 13 + 14 + 15 + 16

D LANDED COST

18

Taxes amp Duties

19

Landed Cost Sr Nos 17 + 18

GM(M)MTI2000007617Passivation Station

Page 38 of 45

Annexure-6

LETTER OF CREDIT FORMAT FOR SHIPMENT BY SEA AIR

40A Form of Documentary Credit Type IRREVOCABLE

20 Transaction Reference Number Documentary

Credit Number

31C Date of Issue Date

31D Date and Place of Expiry Date

Place NEGOTIATING BANK

51A Applicant Bank BIC BANKERS OF MDLMUMBAI

50 Applicant Name amp Address MAZAGON DOCK SHIPBUILDERS LTD

DOCKYARD ROAD MAZAGON MUMBAI ndash

400 010

59 Beneficiary Name amp Address

32B Currency Code Amount

Currency

Amount

39A Percentage Credit Amount Tolerance

Tolerance 1

Tolerance 2

41D Available with hellipByhellip Name amp Address

42C Draft at hellip Narrative SIGHTNEGOTIATION

42D Drawee Name amp Address BANKERS OF MDLMUMBAI

43P Partial Shipments Narrative ALLOWEDNOT ALLOWED

43T Transhipment Narrative ALLOWEDNOT ALLOWED

44A Loading on Board Dispatch Narrative AIRPORT SEAPORT (AS PER TENDER

ENQUIRYORDER)

44B For Transportation to Narrative AIRPORT SEAPORT (AS PER TENDER

ENQUIRYORDER)

44C Latest Date of Shipment Date

46A Documents required Narrative (AS PER TENDER ENQUIRY)

47A Additional conditions Narrative 1 ALL DOCUMENTS SHOULD BE MARKED

WITH IEC CODE NO0388070412 LC NO

AND DATE AND IMPORT UNDER NON-

NEGATIVE LIST OF IMPORT EXPORT

POLICY AM

2 DISCREPANT DOCUMENTS TO BE SENT

STRICTLY ON COLLECTION BASIS

71B Details of charges Narrative ALL FOREIGN BANK CHARGES OUTSIDE

INDIA ARE FOR THE BENEFICIARYrsquoS

ACCOUNT

48 Period for presentation

Narrative

WITHIN ----- DAYS FROM THE DATE OF

BILL OF LADING AIRWAY BILL 49 Confirmation instructions

Instruction

WITHOUT

53D Reimbursing Bank

Name amp Address

BANKERS OF MDL WILL SPECIFY

78 Instructions to the Paying Accepting Bank

Narrative

BANKERS OF MDL WILL SPECIFY 72 Sender to Receiver Information

Narrative

BANKERS OF MDL WILL SPECIFY

GM(M)MTI2000007617Passivation Station

Page 39 of 45

Enclosure-7

PROFORMA BANK GUARANTEE FOR BID BOND EMD

(On Non-Judicial stamp paper of value Rs 500-)

IN CONSIDERATION OF MAZAGON DOCK SHIPBUILDERS LIMTED a company incorporated under the Companies Act 1956 and having its registered office at Dockyard Road Mumbai 400010 (hereinafter referred to as

the ldquothe Companyrdquo which expression shall unless it be repugnant or contrary to the subject or context thereof be

deemed to mean and include its successors and assigns) having agreed to accept the Earnest Money Deposit (EMD)

of Rs--------------------------- -------(Rupees-----------------------------only) in the form of Bank Guarantee from Messers

a partnership firmsole proprietor businessa company registered under the Companies Act 1956

having its office at (hereinafter called the tenderer which expression shall unless it be

repugnant or contrary to the subject or context thereof be deemed to mean and include its successors and assigns) for

participating in the Tender nodated (hereinafter called the tender which expression

shall include any amendmentsalterations to the tender issued by the Company) for the supply delivery at site

installation and commissioning of certain equipment itemservicescivil works etc We

Bank having office at (hereinafter referred to as ldquothe Bankrdquo which

expression shall includes its successors and assigns) hereby agree to pay to the Company without any demur on first

demand an amount not exceeding Rs (Rupeesonly) against any loss or damage costs charges and expenses caused to or suffered by the Company by reason of non performance and non-fulfilment or for

any breach on the part of the tenderer of any of the terms and conditions of the said tender

2 We Bank further agree that the Company shall be sole judge whether the said tenderer has

failed to perform or fulfil the said tender in terms thereof or committed breach of any terms and conditions of the

tender the extent of loss damage cost charges and expenses suffered or incurred or would be suffered or incurred by

the Company on account thereof and we waive in the favour of the Company all the rights and defences to which we

as guarantors may be entitled to

3 We Bank further agree that the amount demanded by the Company as such shall be final and

binding on the Bank as to the Bank s liability to pay and the amount demanded and the Bank undertake to pay the

Company the amount so demanded on first demand and without any demur notwithstanding any dispute raised by the

tenderer or any suit or other legal proceedings including arbitration pending before any court tribunal or arbitrator

relating thereto our liability under this guarantee being absolute and unconditional

4 We Bank further agree with the Company that the Company shall have the fullest liberty

without our consent and without affecting in any manner our obligations hereunder to vary any of the terms and

conditions of the said tenderor to extend time of performance by the tenderer from time to time or to postpone for

any time to time any of the powers exercisable by the Company against the tenderer and to forbear to enforce any of

the terms and conditions relating to the tender and we shall not be relieved from our liability by reason of any such

variation or extension being granted to the tenderer or for any forbearance act or omission on the part of the

Company or any indulgence by the Company to the tenderer or by any such matter or things whatsoever which under

the law relating to sureties would have the effect of relieving us

5 We Bank further undertake not to revoke this guarantee during its currency except with

the previous consent of the Company in writing

6 We Bank also agree that the Bankrsquos liability under this guarantee shall not be affected

by any change in the constitution of the tenderer or dissolution or winding up of the business of the tenderer

7 Notwithstanding anything contained herein above

i) Our liability under this guarantee shall not exceed Rs

ii) This Bank Guarantee shall be valid upto and including and

iii) We are liable to pay the guarantee amount or any part thereof under this Bank Guarantee only and only if you

serve upon us a written claim or demand on or before helliphelliphellip (validity + --- weeks from the date of expiry of this

guarantee)

8 This Guarantee shall be governed by Indian laws and the Courts at Mumbai India shall have the exclusive

jurisdiction

GM(M)MTI2000007617Passivation Station

Page 40 of 45

IN WITNESS WHEREOF the Bank has executed this document on this day

of

For Bank

(by its constituted attorney

or the person authorized to sign)

(Signature of a person authorized

to sign on behalf of the Bank)

GM(M)MTI2000007617Passivation Station

Page 41 of 45

Enclosure-8

PROFORMA BANK GUARANTEE FOR SECURITY DEPOSIT (ILLUSTRATIVE FORMAT)

(On Non-Judicial stamp paper of value Rs 500)

IN CONSIDERATION OF MAZAGON DOCK SHIPBUILDERS LIMTED a company incorporated under the

Companies Act 1956 and having its registered office at Dockyard Road Mumbai 400010 (hereinafter referred to as

the ldquothe Purchaserrdquo which expression shall unless it be repugnant or contrary to the subject or context thereof be

deemed to mean and include its successors and assigns) having placed an order on Messers

a partnership firmsole proprietor businessa company registered under the Companies Act 1956

having its office at (hereinafter called the Contractor Supplier which expression shall unless it

be repugnant or contrary to the subject or context thereof be deemed to mean and include its successors and assigns)

vide order No dated (hereinafter called the order which expression shall include any

amendmentsalterations to the order issued by the Purchaser) for the supply delivery at site installation and

commissioning of certain equipment itemservicescivil works etc as stated in the said Order and the Purchaser

having agreed with the ContractorSupplier to accept a Bank Guarantee in lieu of Security Deposit payable under the

said order for the fulfilment and performance of the said order We Bank having

office at (hereinafter referred to as the Bank which expression shall includes its

successors and assigns) hereby agree to pay to the Purchaser without any demur on first demand an amount not

exceeding Rs (Rupeesonly) being 5 of the order value against any loss or damage costs

charges and expenses caused to or suffered by the Purchaser by reason of non performance and non-fulfilment or for

any breach on the part of the Contractor Supplier of any of the terms and conditions of the said order

2 We Bank further agree that the Purchaser shall be sole judge whether the said

contractorSupplier has failed to perform or fulfil the said order in terms thereof or committed breach of any terms

and conditions of the order and the extent of loss damage cost charges and expenses suffered or incurred or would

be suffered or incurred by the Purchaser on account thereof and we waive in the favour

of the Purchaser all the rights and defences to which we as guarantors may be entitled to

3 We Bank further agree that the amount demanded by the Purchaser as such shall be final and

binding on the Bank as to the Bank s liability to pay and the amount demanded and the Bank undertake to pay the

Purchaser the amount so demanded on first demand and without any demur notwithstanding any dispute raised by the

ContractorSupplier or any suit or other legal proceedings including arbitration pending before any court tribunal or

arbitrator relating thereto our liability under this guarantee being absolute and unconditional

4 We Bank further agree with the Purchaser that the Purchaser shall have the fullest liberty

without our consent and without affecting in any manner our obligations hereunder to vary any of the terms and

conditions of the said orderor to extend time of performance by the Supplier from time to time or to

postpone for any time to time any of the powers exercisable by the Purchaser against the Contractor Supplier and to

forbear to enforce any of the terms and conditions relating to the order and we shall not be relieved from our liability

by reason of any such variation or extension being granted to the Contractor Supplier or for any forbearance act or

omission on the part of the Purchaser or any indulgence by the

Purchaser to the ContractorSupplier or by any such matter or things whatsoever which under the law relating to

sureties would have the effect of relieving us

5 We Bank further undertake not to revoke this guarantee during its currency except with

the previous consent of the Purchaser in writing

6 We Bank also agree that the Bankrsquos liability under this guarantee shall not be affected

by any change in the constitution of the Contractor Supplier or dissolution or winding up of the business of the

contractor supplier

7 Notwithstanding anything contained herein above

i) Our liability under this guarantee shall not exceed Rs

ii) This Bank Guarantee shall be valid upto and including and

GM(M)MTI2000007617Passivation Station

Page 42 of 45

iii) We are liable to pay the guarantee amount or any part thereof under this Bank Guarantee only and only if you

serve upon us a written claim or demand on or before helliphelliphelliphellip(validity + ---weeks from the date of expiry of this

guarantee)

8 This Guarantee shall be governed by Indian laws and the Courts at Mumbai India

shall have the exclusive jurisdiction

IN WITNESS WHEREOF the Bank has executed this document on

this day of

For Bank

(by its constituted attorney)

(Signature of a person authorised

to sign on behalf of the Bank)

GM(M)MTI2000007617Passivation Station

Page 43 of 45

Enclosure-9

PROFORMA BANK GUARANTEE FOR PERFORMANCE (ILLUSTRATIVE FORMAT)

(On Non-Judicial stamp paper of value Rs 500-)

IN CONSIDERATION OF MAZAGON DOCK SHIPBUILDERS LIMTED a company incorporated under the

Companies Act 1956 and having its registered office at Dockyard Road Mumbai 400010 (hereinafter referred to as

the ldquothe Purchaserrdquo which expression shall unless it be repugnant or contrary to the subject or context thereof be

deemed to mean and include its successors and assigns) having placed an order on Messers a

partnership firmsole proprietor businessa company registered under the Companies Act 1956 having its Registered

office at (hereinafter called the Contractor Supplier which expression shall unless it be

repugnant or contrary to the subject or context thereof be deemed to mean and include its successors and assigns)

vide order No dated (hereinafter called the order which expression shall include any

amendmentsalterations to the order issued by the Purchaser) for the supply delivery at site installation and

commissioning of certain equipment itemservicescivil works etc as stated in the said Order and the Purchaser

having agreed that the Contractor Supplier shall furnish a security for the performance of the Contractorrsquos

Suppliers obligations andor discharge of the Contractorrsquos Suppliers liability in connection with the said order and

the Purchaser having agreed with the ContractorSupplier to accept a performance guarantee We

Bank having office at (hereinafter referred to as the

Bank which expression shall includes its successors and assigns) hereby agree to pay to the Purchaser without any

demur on first demand an amount not exceeding Rs (Rupeesonly) being 10 of the order

value against any loss or damage costs charges and expenses caused to or suffered by the Purchaser by reason of

non-performance and non-fulfilment or for any breach on the part of the Contractor Supplier of any of the terms and

conditions of the said order

2 We Bank further agree that the Purchaser shall be sole judge whether the said

ContractorSupplier has failed to perform or fulfil the said order in terms thereof or committed breach of any terms

and conditions of the order and the extent of loss damage cost charges and expenses suffered or incurred or would

be suffered or incurred by the Purchaser on account thereof and we waive in the favour of

the Purchaser all the rights and defences to which we as guarantors may be entitled to

3 We Bank further agree that the amount demanded by the Purchaser as such shall be final and

binding on the Bank as to the Bank s liability to pay and the amount demanded and the Bank undertake to pay the

Purchaser the amount so demanded on first demand and without any demur otwithstanding any dispute raised by the

ContractorSupplier or any suit or other legal proceedings including arbitration pending before any court tribunal or

arbitrator relating thereto our liability under this guarantee being absolute and unconditional

4 We Bank further agree with the Purchaser that the Purchaser shall have the fullest liberty

without our consent and without affecting in any manner our obligations hereunder to vary any of the terms and

conditions of the said orderor to extend time of performance by the Supplier from time to time or to postpone for

any time to time any of the powers exercisable by the Purchaser against the Contractor

Supplier and to forbear to enforce any of the terms and conditions relating to the order and we shall not be relieved

from our liability by reason of any such variation or extension being granted to the Contractor Supplier or for any

forbearance act or omission on the part of the Purchaser or any indulgence by the Purchaser to the

ContractorSupplier or by any such matter or things whatsoever which under the law

relating to sureties would have the effect of relieving us

5 We Bank further undertake not to revoke this guarantee during its currency except with

the previous consent of the Purchaser in writing

6 We Bank also agree that the Bankrsquos liability under this guarantee shall not be affected

by any change in the constitution of the Contractor Supplier or

dissolutionhelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

7 Notwithstanding anything contained herein above

i) Our liability under this guarantee shall not exceed Rs

ii) This Bank Guarantee shall be valid upto and including and

GM(M)MTI2000007617Passivation Station

Page 44 of 45

iii) We are liable to pay the guarantee amount or any part thereof under this Bank Guarantee only and only if you

serve upon us a written claim or demand on or before helliphelliphellip (validity + ---weeks from the date of expiry of this

guarantee)

8 This Guarantee shall be governed by Indian laws and the Courts at Mumbai India shall have the exclusive

jurisdiction

IN WITNESS WHEREOF the Bank has executed this document on

this day of

For Bank

(by its constituted attorney)

(Signature of a person authorised

to sign on behalf of the Bank)

GM(M)MTI2000007617Passivation Station

Page 45 of 45

Enclosure-10

Electronic Payment Mandate Form

(MDL Bank details)

Name of the CompanyFirm Mazagon Dock Shipbuilders Limited

Address with Phone no Dockyard Road Mumbai ndash 400010

E-Mail ID

Phone No +91 22 23745310

Fax No

Particulars of Bank Account

Name of the Bank State Bank of India

Name of the Branch Mazagon Dock Mumbai Branch

Branch Code 9054

Bank IFSC NEFT Code SBIN0009054

Bank Address MBPT Workshop building NV Nakhwa Road Mazagon - 400010

City Name Mumbai

Telephone No of Bank +91 22 23752802

9 digit code no of bank amp branch

appearing on the MICR cheque

issued by your bank

400002120

Type of Account Current Account

Account No 10005255246

Income Tax PAN No AAACM8029J

Page 30: Final Tender - Mazagon Dock Shipbuilders...DIVISION-SHIP BUILDING DEPARTMENT-MATERIAL PROCUREMENT Tender no.: GM(M)/MTI/2000007617 for the Engineering, Manufacturing, Supply/Installation,

GM(M)MTI2000007617Passivation Station

Page 30 of 45

damage and or injury to the property and or the person of the Purchaser or that of Purchasers employees

agents Sub- Contractors Suppliers occurring and to the extent caused by the negligence of the Bidder

Vendor Contractor his employees licencees agents or Sub-contractor by making good such damages to the

property or compensating personal injury and the total liability for such damages or injury shall be as

mutually discussed and agreed to

260 TRANSFER OF VENDORS CONTRACTORrsquoS RIGHTS 261 The Bidder Vendor Contractor shall not either wholly or partly sell transfer assign or otherwise

dispose of the rights liabilities and obligations under the contract between him and the Purchaser without

prior consent of the Purchaser in writing

270 SUBCONTRACT amp RIGHT OF PURCHASER 271 The Bidder Vendor Contractor under no circumstances undertake or subcontract any work contract

from or to any other Sub-contractor without prior written approval of the Competent Authority of Purchaser

In the event it is found that such practice has been indulged in the contract is liable to be terminated without

notice and the Bidder Vendor Contractor is debarred all from future tender enquiries work orders

However in no circumstances a contractor is permitted to subcontract any part of the contract to the bidders

who had quoted for the concerned tender

280 PATENT RIGHTS 281 The Bidder Vendor Contractor shall hold harmless and keep the Purchaser indemnified against all

claims arising as a result of infringement of any patent copy rights on account of manufacture sale or use of

articles covered by the order

290 AGENTS AGENCY COMMISSION

291 The seller confirms and declares to the buyer that the seller is the original manufacturer or authorized

distributorstockiest of original manufacturer of the stores referred to in this contract and has not engaged any

individual or firm whether Indian or foreign whatsoever to intercede facilitate or in any way to

recommended to the Buyer or any of its functionaries whether officially or unofficially to the award of the

Contract Purchase order to the Seller nor has any amount been paid promised or intended to be paid to any

such individual or firm in respect of any such intercession facilitation or recommendation The Seller agrees

that if it is established at any time to the satisfaction of the Buyer that the present declaration is in any way

incorrect or if at a later stage it is discovered by the Buyer that the Seller has engaged any such

individualfirm and paid or intended to pay any amount gift reward fees commission or consideration to

such person party firm or institution whether before or after the signing of this Contract Purchase order

the Seller

will be liable to refund that amount to the Buyer

Tender no GM (M)GRA2000007246 Page 16 of 26

The seller will also be debarred from participation in any RFQTender for new projectsprogram with Buyer

for a minimum period of five years

The buyer will also have a right to consider cancellation of the Contract either wholly or in part without any

entitlement or compensation to the Seller who shall in such event be liable to refund all payments made by

the buyer in terms of the Contract along with interest at the rate of 2 per annum above LIBOR (London

Inter Bank Offer Rate) (for foreign vendors) and base rate of SBI plus 2 (for Indian Vendors)

The Buyer will also have the right to recover any such amount from any contracts concluded earlier with

Buyer

300 USE OF UNDUE INFLUENCE CORRUPT PRACTICES

301 The Bidder Supplier Contractor undertakes that he has not given offered or promised to give directly

or indirectly any gift consideration reward commission fees brokerage or inducement to any person in

service of the Purchaser or otherwise in procuring the contract or forbearing to do or for having done or

forborne to do any act in relation to the obtaining or execution of the Contract with the Purchaser for showing

or forbearing to show favour or disfavour to any person in relation to the Contract or any other Contract with

the Purchaser Any breach of the aforesaid undertaking by the Bidder Supplier Contractor or any one

employed by him or acting on his behalf (whether with or without the knowledge of the Bidder Supplier

Contractor) or the commission of any offence by the Bidder Supplier Contractor or any one employed by

him or acting on his behalf as defined in Chapter IX of the Indian Penal Code 1980 or the Prevention of

Corruption Act 1947 or any other Act enacted or the prevention of corruption shall entitle the Purchaser to

cancel the contract and all or any other contracts with the Bidder Contractor Supplier and recover from the

Bidder Supplier Contractor the amount of any loss arising from such cancellation Decision of the

Purchaser or his nominee to the effect that a breach of the undertaking has been committed shall be final and

binding on the Bidder Supplier Contractor

302 The Bidder Supplier Contractor shall not offer or agree to give any person in the employment of

GM(M)MTI2000007617Passivation Station

Page 31 of 45

Purchaser any gift or consideration of any kind as Inducement or reward for doing or forbearing to do or

for having done or forborne to do any act in relation to the obtaining or execution of the contracts Any

breach of the aforesaid condition by the Bidder Supplier Contractor or any one employed by them or

acting on their behalf (whether with or without the knowledge of the Bidder Supplier Contractor) or the

commission of any offence by the Bidder Supplier Contractor or by any one employed by them or acting

on their behalf which shall be punishable under the Indian Penal Code 1980 andor the Prevention of

Corruption by Public Servants shall entitle Purchaser to cancel the contracts and all or any other contracts

and then to recover from the Bidder Supplier Contractor the amounts of any loss arising from such

contracts cancellation including but not limited to imposition of penal damages forfeiture of Security

Deposit encashment of the Bank Guarantee and refund of the amounts paid by the Purchaser

303 In case it is found to the satisfaction of the Purchaser that the Bidder Supplier Contractor has

engaged an Agent or paid commission or influenced any person to obtain the contract as described in clauses

relating to Agents Agency Commission and use of undue Influence the Bidder Supplier Contractor on a

specific request of the Purchaser shall provide necessary information inspection of the relevant financial

document information

310 IMMUNITY OF GOVERNMENT OF INDIA CLAUSE 311 It is expressly understood and agreed by and between Ms (Bidder Supplier Contractor) and

MAZAGON DOCK SHIPBUILDERS LIMITED Dockyard Road Mumbai - 400 010 (MDL) is entering

into this Agreement solely on its own behalf and not on the behalf of any person or entity In particular it is

expressly understood and agreed that the Government of India is not a party to this Agreement and has no

liabilities obligations or rights hereunder It is expressly understood and agreed that MDL is an independent

legal entity with power and authority to enter into contracts solely in its own behalf under the applicable of

Laws of India and general principles of Contract Law The (Bidder Supplier Contractor) expressly agrees

acknowledges and understands that MDL is not an agent representative or delegate of the Government of

India It is further understood and agreed that the Government of India is not and shall not be liable for any

acts omissions and commissions breaches or other wrongs arising out of the contract Accordingly (Bidder

Supplier Contractor) hereby expressly waives releases and foregoes any and all actions or claims including

cross claims impleader claims or counter claims against the Government of India arising out of this contract

and covenants not to sue Government of India in any manner claim cause of action or thing whatsoever

arising of or under this Agreement

320 EXPORT LICENCE 321 The export licenses that may be required for delivery of the various itemsequipment to MDL shall be

arranged by the Bidder Supplier Contractor from the concerned authorities in their country without any

time amp cost implications on the Purchaser

330 BANNED OR DE-LISTED CONTRACTORS VENDORS 331 The Bidder Vendor Contractor declares that they being Proprietors Directors Partners have not

been any time individually or collectively blacklisted or banned or de-listed by any Government or quasi

Government agencies or PSUs If a bidderrsquos entities as stated above have been blacklisted or banned or delisted

by any Government or quasi Government agencies or PSUs this fact must be clearly stated and it may

not necessarily be a cause for disqualifying him

340 DUTY OF PERSONNEL OF SUPPLIERVENDOR 341 MDL being a Defence Organization Bidder Vendor Contractor undertakes that their personnel

deployed in connection with the entrusted work will not indulge in any activities other than the duties

assigned to them

350 DISPUTE RESOLUTION MECHANISM AND ARBITRATION

351 DISPUTE RESOLUTION MECHANISM (DRM) i) Any disputedifferences between the parties arising out of and in connection with the contract shall be

settled amicably by mutual negotiations

ii) In case of non-settlement by (i) above if at any time before during or after the contract period any

unsettled claim dispute or difference arose between the parties upon or in relation to or in connection with

or in any way touching or concerning this tenderagreementordercontract the same shall be referred to the

concerned Functional Director

The Functional Director shall then nominate an Executive of the rank of General Manager whom he thinks fit

and competent or a Committee of Executives whowhich shall then scrutinise the claimsdisputes that have

been referred to the concerned functional Director and make efforts for amicable settlements by mutual

discussionsnegotiations

iii) In case no amicable settlement is arrived by (ii) above within a period of three months then the contractor

shall approach Public Grievance Cell and address the disputes as per the provisions made under the relevant

GM(M)MTI2000007617Passivation Station

Page 32 of 45

clause of the contract

iv) In case the issuesdisputes do not get settled within a period of six months from the date of

submission of the dispute to the Grievance Cell then the contractor may invoke Arbitration Clause of the

contract

352 ARBITRATION Unresolved disputesdifferences if any shall then be settled by arbitration The

Arbitration proceedings shall be conducted at Mumbai India in English Language under the Arbitration amp

Conciliation Act 1996

MDL prefers to have arbitration through Institutes such as Indian Council of Arbitration (ICA)ICA-DR with

the mutual consent of the parties

353 In case of unresolved differencedispute between the Purchaser and Supplier being Central Public

Sector EnterprisesCentral Govt departments the disputes shall be resolved firstly through mutual discussion

or through the empowered agencies of the Govt or through arbitration by reference by either party to the

department of Public Enterprises as per extant guidelines If disputesdifferences remain

unresolvedunexecuted the same shall be referred first to the Cabinet Secretariat and then if necessary to the

PMO

354 Any changes to arbitration clause must be vetted by HOD (Legal) before incorporation in

contractPO

360 JURISDICTION OF COURTS 361 All contracts shall be deemed to have been wholly made in Mumbai and all claims there under are

payable in Mumbai City and it is the distinct condition of the order that no suit or action for the purpose of

enforcing any claim in respect of the order shall be instituted in any Court other than that situated in Mumbai

City Maharashtra State India ie courts in Mumbai shall alone have jurisdiction to decide upon any dispute

arising out of or in respect of the contract

-----------------------

GM(M)MTI2000007617Passivation Station

Page 33 of 45

Enclosure-4

GENERAL TERMS amp CONDITIONS (GTampC)

A10 Blank

A20 SECURITY DEPOSIT A21 The successful bidder shall submit a Security Deposit 5 of the contract order value (excluding

taxes duties freight service component) of the Order in the form of Demand Draft Bank Guarantee in the

prescribed format in favour of Purchaser within 25 days from date of Contract The Security Deposit will be

returned only after the successful execution of the order contract Refund of Security Deposit whenever

considered admissible by the Purchaser shall be without interest only

A30 FORFEITURE OF EMD BID BOND A31 In cases of withdrawal of bid during validity period or during any extension granted thereof non

acceptance of agreed conditions of Technical and or Commercial and or Price Negotiations non-submission

of the security deposit and or non-acceptance of the order the EMD or bid security will be forfeited or

encashed as the case may be

A40 FORFEITURE OF SECURITY DEPOSIT A41 Non-performance of agreed terms and or defaultbreach by BidderVendorContractor will result in

forfeiture of security deposit with application of risk purchase provisions as felt appropriate by the Purchaser

A50 FORFEITURE OF PERFORMANCE GUARANTEE A51 In the event of BidderVendorContractor failure to attend the Guarantee defects within a reasonable

period of time the Performance Bank Guarantee will be encashed by the Purchaser The Purchaserrsquos decision

shall be final and binding on BidderVendorContractor

A60 SUPPLIES A61 The equipment products items Services to be supplied shall be strictly in accordance with the

Drawings Specifications Requirements indicated in the Tender Enquiry Order with deviations if any as

mutually accepted

A70 PROGRESS REPORTING amp MONITORING A71 Where so stipulated in the order the Bidder Supplier Contractor shall render such reports from time

to time as regards the progress of the contract and in such a form as may be called for by the Purchaser

A80 CANCELLATION OF ORDER A81The Purchaser reserves the right to cancel an order forthwith without any financial implications on either

side if on completion of 50 of the scheduled deliveryCompletion period the progress of

manufactureSupply is not to the satisfaction of Purchaser and failure on the part of the

BidderVendorContractor to comply with the delivery schedule is inevitable In such an event the

BidderVendorContractor shall repay all the advances together with interest at prevailing bank rates from the

date of receipt of such advances till date of repayment The title of any property delivered to Purchaser will

be reverted to the BidderVendorContractor at his cost

A82 In case of breach non-compliance of any of the agreed terms amp conditions of order contract MDL

reserves the right to recover consequential damages from the vendor contractor on account of such

premature termination of contract

A83 In case of delay beyond agreed period for liquidated damages or 10weeks from contractual delivery

period whichever is earlier MDL reserves the right to cancel the order and procure the order items services

from any available source at MDLrsquos option amp discretion and entirely at your risk and cost Extra expenditure

incurred by MDL in doing will be recoverable from Bidder Supplier Contractor

A90 PRESERVATION AND MAINTENANCE

A91 Should any material require any preservation till its final installationfitment the detailed procedure

(Long term amp short term) for the same as also the time of interval after which the state of preservation needs

to be reviewed is to be stated by the BidderVendorContractor

A92 Further the de-preservation prior to the materialequipment being commissioned and the maintenance

procedure together with its periodicity is also to be indicated by the Bidder Vendor Contractor

A93 The Bidder Vendor Contractor in their offer must confirm that indigenous oil lubricants and

preservatives etc can be used in the equipment The bidder must also give assurance that the equipment

performance will not be downgraded by use of indigenous equivalents

A100 FREIGHT amp INSURANCE

A101 For Indigenous Bidders In cases where the offers are for Door Delivery to Purchaser transit freight

amp Insurance charges shall be borne by the Bidder Supplier Contractor In other agreed cases of Ex-works

Ex-Transporters warehouse or Railway godown offers the Bidder Supplier Contractor on dispatch shall

give details of materials with dispatch particulars and their value in time to Purchasers Insurance Company

GM(M)MTI2000007617Passivation Station

Page 34 of 45

on the contact details as provided in the order In such agreed cases the freight amp insurance charges will be

paid by the purchaser directly to the parties concerned

A102 For Foreign Bidders For overseas supplies on CIF port of dispatch basis Transit Insurance shall be

arranged by the Purchaser The Bidder Supplier Contractor shall immediately on despatch of the

items inform all relevant details of despatch such as Order number Bill of LadingAWB number

marked as Freight Paid Insurance policydocument number of packages value of consignment

invoice number in time directly to Purchasers Insurance company amp Purchaser on the contact details

as provided in the order In case of delivery term other than CIFCIP the freight amp insurance charges

will be paid by the purchaser directly to the parties concerned

A110 TAXES amp DUTIES STATUTORY LEVIES A111 Taxes and duties applicable if any shall be regularized by MDL by issuing necessary exemption

certificates in respect of procurement for Defence Projects Bidder shall indicate separately the GST and

duties applicable in their offer When the items qualify for exemption partlyfully but the supplier did not

avail of the same the amount of taxes and duties on such supplies shall be to supplierrsquos account In cases

where exemption certificates are not issued for any reason taxes shall be paid as indicated in the Purchase

OrderContract Tax deduction at source will be effected wherever applicable (eg TDS under Income tax

Act TDS on Works Contract under GST Act etc) from the bills of the Supplier as per statutes Similarly

where payment of Custom duty is agreed to and stipulated in the Purchase Order Contract the same will be

paid by the Purchaser on receipt of supplierrsquos bills along with Custom Certified Duty Paid Challan-Money

Receipt in original or carbon copy as relevant These Challans Receipts Bill of Entry are to be drawn issued

in the name of lsquoMAZAGON DOCK SHIPBUILDERS LIMITEDrsquo only Where payment of GST is agreed to

and stipulated in the Purchase Order Contract the same will be paid by the Purchaser on the basis of

Suppliers TAX INVOICE wherein the GST Number along with HSN SAC code is indicated in the Invoice

A120 DEMURRAGE A121 Storage and Demurrage charges will be payable by the Bidder Vendor Contractor for all shipments

that reach purchaser without proper dispatch documentations Lorry Receipts not accompanied by packing

lists invoices etc The Supplier shall be responsible for fines due to errors or omissions in description weight

or measurements and for increased handling charges due to improper packing

A130 INSPECTION TESTING A131The ordered items will be inspected either by Classification Society Nominated Agency and or by

Inspection Officer nominated by Purchaser at stages defined in the tender Purchase Order or as agreed to be

defined subsequently in terms of the Purchase Order

A132 The decision of the Inspecting Authority or their representatives as the case may be on any question

of the intent meaning and the scope of Specifications Standards shall be final conclusive and binding on

the Bidder Vendor Contractor

A133 The Bidder Vendor Contractor shall accord all facilities to Purchasers Inspectors Nominated

Agency to carry out Inspection Testing during course of manufacture final testing

A140 RECEIPT INSPECTION BY MDL A141 MDL shall carry out necessary inspection of the items on receipt on the basis of an appropriate quality

assurance system and inspection system requirements along with representative of the Owner Any objection

raised by MDL Quality Control Team against quality of materials or workmanship shall be satisfactorily

corrected by the Contractor at his expense including replacement as may be required within shortest possible

time within 30 days Items damaged during transit shall also be rectified replaced by the Contractor within

shortest possible time payment for which shall be made at mutually agreed rates

A150 REJECTION OF MATERIALS A151 Should the articles or any portion thereof of the equipment be found defective rejected the Bidder

Vendor Contractor shall collect the same from the Purchasers Stores all incidental charges being borne by

him (inclusive of Custom duty if payable) within 30 days from the date of intimation to the Bidder Vendor

Contractor of such rejection The Purchaser reserves the right to dispose off the rejected items at the end of

a total period of 90 days in any manner to the best advantage to the Purchaser and recover storage charges

and any consequential damages from sale proceeds of such disposal

A160 TECHNOLOGICAL DEVELOPMENTS MODIFICATIONS

A161 The Bidder Supplier Contractor shall unconditionally and free of cost to the Purchaser transfer

information on technological developments innovations modifications which the BidderSupplier

Contractor would evolve in future (within 3 years) in relation to the supplied equipment To enable this the

Purchasers address shall be added to the Bidder Supplier Contractorrsquos mailing list or database or any other

document maintained for dissemination of product information and the Purchaser shall be informed of the

GM(M)MTI2000007617Passivation Station

Page 35 of 45

action taken in this regard If such improvements modifications are brought in by the Bidder Supplier

Contractorrsquos Design Department in the course of manufacture of equipment ordered by the Purchaser the

Bidder Supplier Contractor shall incorporate such improved versions in the equipment without any extra

cost to the Purchaser under Purchaserrsquos prior consent

A162 If the Purchaser be desirous of getting incorporated all post supply modifications improvements

arising out of technological developments to the original equipment supplied by the Bidder Supplier

Contractor the Bidder Supplier Contractor shall quote for and carry out all such modifications to the

equipment

A163 Where the whole or a portion of the equipment has been specifically developed by the Bidder

Supplier Contractor for the Owner and the latter would through the Purchaser be bearing the entire or part

of the development cost incurred by the Bidder Supplier Contractor the design rights for the whole or

portion thereof of the equipment as appropriate shall vest in the Owners

A164 Prior approval of the Owner should be obtained before similar articles are sold supplied to any other

party other than the Owner If such approval is given and sale is effected the Bidder Supplier Contractor

shall pay to the Owner royalty at the rate mutually agreed to

A165 The Sub-contractor Supplier Supplier shall continue to support the equipment for a minimum period

of 20 years from the date of supply by making available spare parts and assemblies of the equipment

supplied Should the Sub-contractor Supplier Supplier decides to discontinue the product for any reason

whatsoever adequate notice shall be given to the Purchaser Owner to enable procurement of the requisite

lifetime spares

A170 PURCHASERrsquoS RIGHT TO ACCEPT ANY BID PART OF BID AND TO REJECT ANY OR

ALL BIDS A171 The Purchaser reserves the right to accept and or reject any or all tenders and or to withdraw the tender

in Toto and or award the contract order in full or part to more than one vendor contractor without

assigning any reason whatsoever and without thereby incurring any liability to the affected Bidder or Bidders

or any obligations to inform the affected Bidder or Bidders of the grounds for MDL action

A180 BANK GUARANTEE INSURANCE COVER FOR FREE ISSUE MATERIAL A181 The Bidder Supplier Contractor shall furnish Bank Guarantee insurance Cover equivalent to the

value of materials supplied by MDL free of cost valid up to the execution of the contract delivery of

material inspected accepted and receipt at MDL together with the material reconciliation statement

whichever is later

A190 BIDDERrsquoS RESPONSE IN CASE OF NO PARTICIPATION A191 The Sub-contractor Supplier Vendor shall inform the Purchaser in advance in case he is unable to

participate in the tender for whatsoever reason Failure to comply with this will be viewed seriously and

consecutive three failures on the part of Sub-contractor Supplier Vendor to do so is liable for

disqualification debarring of the Sub-contractor Supplier Vendor from all future tender enquiries and or

delisting from the list of Approved Registered Vendors

A230 PREFERENCETIAL PURCHASE FROM MSE VENDORS ndash Not Applicable MDL has right to place order on MSE firm meeting following criteria

In tenders if participating MSEs quoted prices are within price band of L1+15 such MSEs shall also be

allowed to supply a portion up to 20 of requirement by bringing down their prices to L1 price where L1 is

non MSEs If more than 1 MSEs fall under such criteria then this 20 shall be distributed proportionally

This preference shall not be applicable where MSE firm is L1 firm out of 20 percent target of annual

procurement from Micro and Small Enterprises a sub-target of 20 percent (ie 4 percent out of 20 percent)

shall be earmarked for procurement from Micro and Small Enterprises owned by the Scheduled Caste or the

Scheduled Tribe Entrepreneurs In respect of items reserved for MSE extant guidelines shall be followed

Presently Circular No SO 581(E) dated 23032012 is applicable

GM(M)MTI2000007617Passivation Station

Page 36 of 45

Annexure-5

LOADING FACTORS A

Sr

No

Description Foreign Supplier

100 import content

Indigenous

Supplier with part

Import content

Indigenous

Supplier without

Import content

1 Basic Price Quoted

CIF

a a Ex Works

b b Delivered to

MDL Stores

a Ex Works

b Delivered to

MDL Stores

2 Add Insurance Charges Nil In case of 1 (a) In case of 1 (a)

3 Add Sea Air Freight charges

Inland Road Transport Nil In case of 1 (a) In case of 1 (a)

4

Customs Clearance Port

Handling Transportation to

Yard

Applicable NIL NIL

5

Cost (ex-MDL) excluding taxes

amp duties without loading

towards any deviations

CIF price +

SrNo4 Sr Nos (1+2+3) Sr Nos (1+2+3)

B LOADINGS DUE TO VARIATIONS IN FINANCIAL TERM

6 Variation in payment Terms

Varied payment terms quoted by bidders as compared to the terms stated

in the tender document shall be normalized on the amount(s) at variation

and or for the period (in no of days) at variation by adopting the Prime

Lending Rate of State Bank India plus 2 thereon incase of indigenous

bidders and LIBOR EURIBOR rates in case of foreign bidders

7

Income tax amp Service Tax on

Technical Services Service

Engineers liability to MDL

Normalization shall be done in respect of the amount of tax that have to

be borne by the Company

8 Production norms such as

scrap output ndash input ratio

9 Base date for price variation

clause

1

0

Cost (ex-MDL) excluding taxes

amp duties after loading for

variations in financial term

(SR Nos 5 + 6 + 7 + 8 + 9)

C LOADING ON ACCOUNT OF DEVIATIONS IN FOLLOWING COMMERCIAL TERMS

11

Security Deposit Contract

Performance Guarantee Mandatory

12

Equipment Performance

Guarantee Mandatory

13

Additional delivery period

sought over stipulated period as

per Tender

For the additional period sought by the bidder over the stipulated date of

delivery as per tender 050 per week for delayed period will be loaded

to the quoted price if the period under variation does not lead to bid

rejection criteria 14 Additional time sought for

supplying binding data

15 Liquidated damages per week

rate Maximum Ceiling

If bidder seeks less than 5 (Max ceiling) then the difference will be

loaded

The rate of LD per week or part thereof is 05 If bidder seeks say 04

per week or part thereof then Max Ceiling of LD will be equated to

weeks (Say 10 weeks) then LD proposed by bidder works out to 10 X 04

= 4 then 1 will be loaded

16 Warranty Guarantee

Deviations in respect of the period of Warranty shall be loaded to the

quoted price 025 per month or part thereof This does not arise if

the bidder quotes additional price for the differential period

GM(M)MTI2000007617Passivation Station

Page 37 of 45

17

Cost (Ex-MDL) excluding taxes

amp duties after loading for

variations on account of

financial and commercial terms

Sr Nos 10 + 11 + 12 + 13 + 14 + 15 + 16

D LANDED COST

18

Taxes amp Duties

19

Landed Cost Sr Nos 17 + 18

GM(M)MTI2000007617Passivation Station

Page 38 of 45

Annexure-6

LETTER OF CREDIT FORMAT FOR SHIPMENT BY SEA AIR

40A Form of Documentary Credit Type IRREVOCABLE

20 Transaction Reference Number Documentary

Credit Number

31C Date of Issue Date

31D Date and Place of Expiry Date

Place NEGOTIATING BANK

51A Applicant Bank BIC BANKERS OF MDLMUMBAI

50 Applicant Name amp Address MAZAGON DOCK SHIPBUILDERS LTD

DOCKYARD ROAD MAZAGON MUMBAI ndash

400 010

59 Beneficiary Name amp Address

32B Currency Code Amount

Currency

Amount

39A Percentage Credit Amount Tolerance

Tolerance 1

Tolerance 2

41D Available with hellipByhellip Name amp Address

42C Draft at hellip Narrative SIGHTNEGOTIATION

42D Drawee Name amp Address BANKERS OF MDLMUMBAI

43P Partial Shipments Narrative ALLOWEDNOT ALLOWED

43T Transhipment Narrative ALLOWEDNOT ALLOWED

44A Loading on Board Dispatch Narrative AIRPORT SEAPORT (AS PER TENDER

ENQUIRYORDER)

44B For Transportation to Narrative AIRPORT SEAPORT (AS PER TENDER

ENQUIRYORDER)

44C Latest Date of Shipment Date

46A Documents required Narrative (AS PER TENDER ENQUIRY)

47A Additional conditions Narrative 1 ALL DOCUMENTS SHOULD BE MARKED

WITH IEC CODE NO0388070412 LC NO

AND DATE AND IMPORT UNDER NON-

NEGATIVE LIST OF IMPORT EXPORT

POLICY AM

2 DISCREPANT DOCUMENTS TO BE SENT

STRICTLY ON COLLECTION BASIS

71B Details of charges Narrative ALL FOREIGN BANK CHARGES OUTSIDE

INDIA ARE FOR THE BENEFICIARYrsquoS

ACCOUNT

48 Period for presentation

Narrative

WITHIN ----- DAYS FROM THE DATE OF

BILL OF LADING AIRWAY BILL 49 Confirmation instructions

Instruction

WITHOUT

53D Reimbursing Bank

Name amp Address

BANKERS OF MDL WILL SPECIFY

78 Instructions to the Paying Accepting Bank

Narrative

BANKERS OF MDL WILL SPECIFY 72 Sender to Receiver Information

Narrative

BANKERS OF MDL WILL SPECIFY

GM(M)MTI2000007617Passivation Station

Page 39 of 45

Enclosure-7

PROFORMA BANK GUARANTEE FOR BID BOND EMD

(On Non-Judicial stamp paper of value Rs 500-)

IN CONSIDERATION OF MAZAGON DOCK SHIPBUILDERS LIMTED a company incorporated under the Companies Act 1956 and having its registered office at Dockyard Road Mumbai 400010 (hereinafter referred to as

the ldquothe Companyrdquo which expression shall unless it be repugnant or contrary to the subject or context thereof be

deemed to mean and include its successors and assigns) having agreed to accept the Earnest Money Deposit (EMD)

of Rs--------------------------- -------(Rupees-----------------------------only) in the form of Bank Guarantee from Messers

a partnership firmsole proprietor businessa company registered under the Companies Act 1956

having its office at (hereinafter called the tenderer which expression shall unless it be

repugnant or contrary to the subject or context thereof be deemed to mean and include its successors and assigns) for

participating in the Tender nodated (hereinafter called the tender which expression

shall include any amendmentsalterations to the tender issued by the Company) for the supply delivery at site

installation and commissioning of certain equipment itemservicescivil works etc We

Bank having office at (hereinafter referred to as ldquothe Bankrdquo which

expression shall includes its successors and assigns) hereby agree to pay to the Company without any demur on first

demand an amount not exceeding Rs (Rupeesonly) against any loss or damage costs charges and expenses caused to or suffered by the Company by reason of non performance and non-fulfilment or for

any breach on the part of the tenderer of any of the terms and conditions of the said tender

2 We Bank further agree that the Company shall be sole judge whether the said tenderer has

failed to perform or fulfil the said tender in terms thereof or committed breach of any terms and conditions of the

tender the extent of loss damage cost charges and expenses suffered or incurred or would be suffered or incurred by

the Company on account thereof and we waive in the favour of the Company all the rights and defences to which we

as guarantors may be entitled to

3 We Bank further agree that the amount demanded by the Company as such shall be final and

binding on the Bank as to the Bank s liability to pay and the amount demanded and the Bank undertake to pay the

Company the amount so demanded on first demand and without any demur notwithstanding any dispute raised by the

tenderer or any suit or other legal proceedings including arbitration pending before any court tribunal or arbitrator

relating thereto our liability under this guarantee being absolute and unconditional

4 We Bank further agree with the Company that the Company shall have the fullest liberty

without our consent and without affecting in any manner our obligations hereunder to vary any of the terms and

conditions of the said tenderor to extend time of performance by the tenderer from time to time or to postpone for

any time to time any of the powers exercisable by the Company against the tenderer and to forbear to enforce any of

the terms and conditions relating to the tender and we shall not be relieved from our liability by reason of any such

variation or extension being granted to the tenderer or for any forbearance act or omission on the part of the

Company or any indulgence by the Company to the tenderer or by any such matter or things whatsoever which under

the law relating to sureties would have the effect of relieving us

5 We Bank further undertake not to revoke this guarantee during its currency except with

the previous consent of the Company in writing

6 We Bank also agree that the Bankrsquos liability under this guarantee shall not be affected

by any change in the constitution of the tenderer or dissolution or winding up of the business of the tenderer

7 Notwithstanding anything contained herein above

i) Our liability under this guarantee shall not exceed Rs

ii) This Bank Guarantee shall be valid upto and including and

iii) We are liable to pay the guarantee amount or any part thereof under this Bank Guarantee only and only if you

serve upon us a written claim or demand on or before helliphelliphellip (validity + --- weeks from the date of expiry of this

guarantee)

8 This Guarantee shall be governed by Indian laws and the Courts at Mumbai India shall have the exclusive

jurisdiction

GM(M)MTI2000007617Passivation Station

Page 40 of 45

IN WITNESS WHEREOF the Bank has executed this document on this day

of

For Bank

(by its constituted attorney

or the person authorized to sign)

(Signature of a person authorized

to sign on behalf of the Bank)

GM(M)MTI2000007617Passivation Station

Page 41 of 45

Enclosure-8

PROFORMA BANK GUARANTEE FOR SECURITY DEPOSIT (ILLUSTRATIVE FORMAT)

(On Non-Judicial stamp paper of value Rs 500)

IN CONSIDERATION OF MAZAGON DOCK SHIPBUILDERS LIMTED a company incorporated under the

Companies Act 1956 and having its registered office at Dockyard Road Mumbai 400010 (hereinafter referred to as

the ldquothe Purchaserrdquo which expression shall unless it be repugnant or contrary to the subject or context thereof be

deemed to mean and include its successors and assigns) having placed an order on Messers

a partnership firmsole proprietor businessa company registered under the Companies Act 1956

having its office at (hereinafter called the Contractor Supplier which expression shall unless it

be repugnant or contrary to the subject or context thereof be deemed to mean and include its successors and assigns)

vide order No dated (hereinafter called the order which expression shall include any

amendmentsalterations to the order issued by the Purchaser) for the supply delivery at site installation and

commissioning of certain equipment itemservicescivil works etc as stated in the said Order and the Purchaser

having agreed with the ContractorSupplier to accept a Bank Guarantee in lieu of Security Deposit payable under the

said order for the fulfilment and performance of the said order We Bank having

office at (hereinafter referred to as the Bank which expression shall includes its

successors and assigns) hereby agree to pay to the Purchaser without any demur on first demand an amount not

exceeding Rs (Rupeesonly) being 5 of the order value against any loss or damage costs

charges and expenses caused to or suffered by the Purchaser by reason of non performance and non-fulfilment or for

any breach on the part of the Contractor Supplier of any of the terms and conditions of the said order

2 We Bank further agree that the Purchaser shall be sole judge whether the said

contractorSupplier has failed to perform or fulfil the said order in terms thereof or committed breach of any terms

and conditions of the order and the extent of loss damage cost charges and expenses suffered or incurred or would

be suffered or incurred by the Purchaser on account thereof and we waive in the favour

of the Purchaser all the rights and defences to which we as guarantors may be entitled to

3 We Bank further agree that the amount demanded by the Purchaser as such shall be final and

binding on the Bank as to the Bank s liability to pay and the amount demanded and the Bank undertake to pay the

Purchaser the amount so demanded on first demand and without any demur notwithstanding any dispute raised by the

ContractorSupplier or any suit or other legal proceedings including arbitration pending before any court tribunal or

arbitrator relating thereto our liability under this guarantee being absolute and unconditional

4 We Bank further agree with the Purchaser that the Purchaser shall have the fullest liberty

without our consent and without affecting in any manner our obligations hereunder to vary any of the terms and

conditions of the said orderor to extend time of performance by the Supplier from time to time or to

postpone for any time to time any of the powers exercisable by the Purchaser against the Contractor Supplier and to

forbear to enforce any of the terms and conditions relating to the order and we shall not be relieved from our liability

by reason of any such variation or extension being granted to the Contractor Supplier or for any forbearance act or

omission on the part of the Purchaser or any indulgence by the

Purchaser to the ContractorSupplier or by any such matter or things whatsoever which under the law relating to

sureties would have the effect of relieving us

5 We Bank further undertake not to revoke this guarantee during its currency except with

the previous consent of the Purchaser in writing

6 We Bank also agree that the Bankrsquos liability under this guarantee shall not be affected

by any change in the constitution of the Contractor Supplier or dissolution or winding up of the business of the

contractor supplier

7 Notwithstanding anything contained herein above

i) Our liability under this guarantee shall not exceed Rs

ii) This Bank Guarantee shall be valid upto and including and

GM(M)MTI2000007617Passivation Station

Page 42 of 45

iii) We are liable to pay the guarantee amount or any part thereof under this Bank Guarantee only and only if you

serve upon us a written claim or demand on or before helliphelliphelliphellip(validity + ---weeks from the date of expiry of this

guarantee)

8 This Guarantee shall be governed by Indian laws and the Courts at Mumbai India

shall have the exclusive jurisdiction

IN WITNESS WHEREOF the Bank has executed this document on

this day of

For Bank

(by its constituted attorney)

(Signature of a person authorised

to sign on behalf of the Bank)

GM(M)MTI2000007617Passivation Station

Page 43 of 45

Enclosure-9

PROFORMA BANK GUARANTEE FOR PERFORMANCE (ILLUSTRATIVE FORMAT)

(On Non-Judicial stamp paper of value Rs 500-)

IN CONSIDERATION OF MAZAGON DOCK SHIPBUILDERS LIMTED a company incorporated under the

Companies Act 1956 and having its registered office at Dockyard Road Mumbai 400010 (hereinafter referred to as

the ldquothe Purchaserrdquo which expression shall unless it be repugnant or contrary to the subject or context thereof be

deemed to mean and include its successors and assigns) having placed an order on Messers a

partnership firmsole proprietor businessa company registered under the Companies Act 1956 having its Registered

office at (hereinafter called the Contractor Supplier which expression shall unless it be

repugnant or contrary to the subject or context thereof be deemed to mean and include its successors and assigns)

vide order No dated (hereinafter called the order which expression shall include any

amendmentsalterations to the order issued by the Purchaser) for the supply delivery at site installation and

commissioning of certain equipment itemservicescivil works etc as stated in the said Order and the Purchaser

having agreed that the Contractor Supplier shall furnish a security for the performance of the Contractorrsquos

Suppliers obligations andor discharge of the Contractorrsquos Suppliers liability in connection with the said order and

the Purchaser having agreed with the ContractorSupplier to accept a performance guarantee We

Bank having office at (hereinafter referred to as the

Bank which expression shall includes its successors and assigns) hereby agree to pay to the Purchaser without any

demur on first demand an amount not exceeding Rs (Rupeesonly) being 10 of the order

value against any loss or damage costs charges and expenses caused to or suffered by the Purchaser by reason of

non-performance and non-fulfilment or for any breach on the part of the Contractor Supplier of any of the terms and

conditions of the said order

2 We Bank further agree that the Purchaser shall be sole judge whether the said

ContractorSupplier has failed to perform or fulfil the said order in terms thereof or committed breach of any terms

and conditions of the order and the extent of loss damage cost charges and expenses suffered or incurred or would

be suffered or incurred by the Purchaser on account thereof and we waive in the favour of

the Purchaser all the rights and defences to which we as guarantors may be entitled to

3 We Bank further agree that the amount demanded by the Purchaser as such shall be final and

binding on the Bank as to the Bank s liability to pay and the amount demanded and the Bank undertake to pay the

Purchaser the amount so demanded on first demand and without any demur otwithstanding any dispute raised by the

ContractorSupplier or any suit or other legal proceedings including arbitration pending before any court tribunal or

arbitrator relating thereto our liability under this guarantee being absolute and unconditional

4 We Bank further agree with the Purchaser that the Purchaser shall have the fullest liberty

without our consent and without affecting in any manner our obligations hereunder to vary any of the terms and

conditions of the said orderor to extend time of performance by the Supplier from time to time or to postpone for

any time to time any of the powers exercisable by the Purchaser against the Contractor

Supplier and to forbear to enforce any of the terms and conditions relating to the order and we shall not be relieved

from our liability by reason of any such variation or extension being granted to the Contractor Supplier or for any

forbearance act or omission on the part of the Purchaser or any indulgence by the Purchaser to the

ContractorSupplier or by any such matter or things whatsoever which under the law

relating to sureties would have the effect of relieving us

5 We Bank further undertake not to revoke this guarantee during its currency except with

the previous consent of the Purchaser in writing

6 We Bank also agree that the Bankrsquos liability under this guarantee shall not be affected

by any change in the constitution of the Contractor Supplier or

dissolutionhelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

7 Notwithstanding anything contained herein above

i) Our liability under this guarantee shall not exceed Rs

ii) This Bank Guarantee shall be valid upto and including and

GM(M)MTI2000007617Passivation Station

Page 44 of 45

iii) We are liable to pay the guarantee amount or any part thereof under this Bank Guarantee only and only if you

serve upon us a written claim or demand on or before helliphelliphellip (validity + ---weeks from the date of expiry of this

guarantee)

8 This Guarantee shall be governed by Indian laws and the Courts at Mumbai India shall have the exclusive

jurisdiction

IN WITNESS WHEREOF the Bank has executed this document on

this day of

For Bank

(by its constituted attorney)

(Signature of a person authorised

to sign on behalf of the Bank)

GM(M)MTI2000007617Passivation Station

Page 45 of 45

Enclosure-10

Electronic Payment Mandate Form

(MDL Bank details)

Name of the CompanyFirm Mazagon Dock Shipbuilders Limited

Address with Phone no Dockyard Road Mumbai ndash 400010

E-Mail ID

Phone No +91 22 23745310

Fax No

Particulars of Bank Account

Name of the Bank State Bank of India

Name of the Branch Mazagon Dock Mumbai Branch

Branch Code 9054

Bank IFSC NEFT Code SBIN0009054

Bank Address MBPT Workshop building NV Nakhwa Road Mazagon - 400010

City Name Mumbai

Telephone No of Bank +91 22 23752802

9 digit code no of bank amp branch

appearing on the MICR cheque

issued by your bank

400002120

Type of Account Current Account

Account No 10005255246

Income Tax PAN No AAACM8029J

Page 31: Final Tender - Mazagon Dock Shipbuilders...DIVISION-SHIP BUILDING DEPARTMENT-MATERIAL PROCUREMENT Tender no.: GM(M)/MTI/2000007617 for the Engineering, Manufacturing, Supply/Installation,

GM(M)MTI2000007617Passivation Station

Page 31 of 45

Purchaser any gift or consideration of any kind as Inducement or reward for doing or forbearing to do or

for having done or forborne to do any act in relation to the obtaining or execution of the contracts Any

breach of the aforesaid condition by the Bidder Supplier Contractor or any one employed by them or

acting on their behalf (whether with or without the knowledge of the Bidder Supplier Contractor) or the

commission of any offence by the Bidder Supplier Contractor or by any one employed by them or acting

on their behalf which shall be punishable under the Indian Penal Code 1980 andor the Prevention of

Corruption by Public Servants shall entitle Purchaser to cancel the contracts and all or any other contracts

and then to recover from the Bidder Supplier Contractor the amounts of any loss arising from such

contracts cancellation including but not limited to imposition of penal damages forfeiture of Security

Deposit encashment of the Bank Guarantee and refund of the amounts paid by the Purchaser

303 In case it is found to the satisfaction of the Purchaser that the Bidder Supplier Contractor has

engaged an Agent or paid commission or influenced any person to obtain the contract as described in clauses

relating to Agents Agency Commission and use of undue Influence the Bidder Supplier Contractor on a

specific request of the Purchaser shall provide necessary information inspection of the relevant financial

document information

310 IMMUNITY OF GOVERNMENT OF INDIA CLAUSE 311 It is expressly understood and agreed by and between Ms (Bidder Supplier Contractor) and

MAZAGON DOCK SHIPBUILDERS LIMITED Dockyard Road Mumbai - 400 010 (MDL) is entering

into this Agreement solely on its own behalf and not on the behalf of any person or entity In particular it is

expressly understood and agreed that the Government of India is not a party to this Agreement and has no

liabilities obligations or rights hereunder It is expressly understood and agreed that MDL is an independent

legal entity with power and authority to enter into contracts solely in its own behalf under the applicable of

Laws of India and general principles of Contract Law The (Bidder Supplier Contractor) expressly agrees

acknowledges and understands that MDL is not an agent representative or delegate of the Government of

India It is further understood and agreed that the Government of India is not and shall not be liable for any

acts omissions and commissions breaches or other wrongs arising out of the contract Accordingly (Bidder

Supplier Contractor) hereby expressly waives releases and foregoes any and all actions or claims including

cross claims impleader claims or counter claims against the Government of India arising out of this contract

and covenants not to sue Government of India in any manner claim cause of action or thing whatsoever

arising of or under this Agreement

320 EXPORT LICENCE 321 The export licenses that may be required for delivery of the various itemsequipment to MDL shall be

arranged by the Bidder Supplier Contractor from the concerned authorities in their country without any

time amp cost implications on the Purchaser

330 BANNED OR DE-LISTED CONTRACTORS VENDORS 331 The Bidder Vendor Contractor declares that they being Proprietors Directors Partners have not

been any time individually or collectively blacklisted or banned or de-listed by any Government or quasi

Government agencies or PSUs If a bidderrsquos entities as stated above have been blacklisted or banned or delisted

by any Government or quasi Government agencies or PSUs this fact must be clearly stated and it may

not necessarily be a cause for disqualifying him

340 DUTY OF PERSONNEL OF SUPPLIERVENDOR 341 MDL being a Defence Organization Bidder Vendor Contractor undertakes that their personnel

deployed in connection with the entrusted work will not indulge in any activities other than the duties

assigned to them

350 DISPUTE RESOLUTION MECHANISM AND ARBITRATION

351 DISPUTE RESOLUTION MECHANISM (DRM) i) Any disputedifferences between the parties arising out of and in connection with the contract shall be

settled amicably by mutual negotiations

ii) In case of non-settlement by (i) above if at any time before during or after the contract period any

unsettled claim dispute or difference arose between the parties upon or in relation to or in connection with

or in any way touching or concerning this tenderagreementordercontract the same shall be referred to the

concerned Functional Director

The Functional Director shall then nominate an Executive of the rank of General Manager whom he thinks fit

and competent or a Committee of Executives whowhich shall then scrutinise the claimsdisputes that have

been referred to the concerned functional Director and make efforts for amicable settlements by mutual

discussionsnegotiations

iii) In case no amicable settlement is arrived by (ii) above within a period of three months then the contractor

shall approach Public Grievance Cell and address the disputes as per the provisions made under the relevant

GM(M)MTI2000007617Passivation Station

Page 32 of 45

clause of the contract

iv) In case the issuesdisputes do not get settled within a period of six months from the date of

submission of the dispute to the Grievance Cell then the contractor may invoke Arbitration Clause of the

contract

352 ARBITRATION Unresolved disputesdifferences if any shall then be settled by arbitration The

Arbitration proceedings shall be conducted at Mumbai India in English Language under the Arbitration amp

Conciliation Act 1996

MDL prefers to have arbitration through Institutes such as Indian Council of Arbitration (ICA)ICA-DR with

the mutual consent of the parties

353 In case of unresolved differencedispute between the Purchaser and Supplier being Central Public

Sector EnterprisesCentral Govt departments the disputes shall be resolved firstly through mutual discussion

or through the empowered agencies of the Govt or through arbitration by reference by either party to the

department of Public Enterprises as per extant guidelines If disputesdifferences remain

unresolvedunexecuted the same shall be referred first to the Cabinet Secretariat and then if necessary to the

PMO

354 Any changes to arbitration clause must be vetted by HOD (Legal) before incorporation in

contractPO

360 JURISDICTION OF COURTS 361 All contracts shall be deemed to have been wholly made in Mumbai and all claims there under are

payable in Mumbai City and it is the distinct condition of the order that no suit or action for the purpose of

enforcing any claim in respect of the order shall be instituted in any Court other than that situated in Mumbai

City Maharashtra State India ie courts in Mumbai shall alone have jurisdiction to decide upon any dispute

arising out of or in respect of the contract

-----------------------

GM(M)MTI2000007617Passivation Station

Page 33 of 45

Enclosure-4

GENERAL TERMS amp CONDITIONS (GTampC)

A10 Blank

A20 SECURITY DEPOSIT A21 The successful bidder shall submit a Security Deposit 5 of the contract order value (excluding

taxes duties freight service component) of the Order in the form of Demand Draft Bank Guarantee in the

prescribed format in favour of Purchaser within 25 days from date of Contract The Security Deposit will be

returned only after the successful execution of the order contract Refund of Security Deposit whenever

considered admissible by the Purchaser shall be without interest only

A30 FORFEITURE OF EMD BID BOND A31 In cases of withdrawal of bid during validity period or during any extension granted thereof non

acceptance of agreed conditions of Technical and or Commercial and or Price Negotiations non-submission

of the security deposit and or non-acceptance of the order the EMD or bid security will be forfeited or

encashed as the case may be

A40 FORFEITURE OF SECURITY DEPOSIT A41 Non-performance of agreed terms and or defaultbreach by BidderVendorContractor will result in

forfeiture of security deposit with application of risk purchase provisions as felt appropriate by the Purchaser

A50 FORFEITURE OF PERFORMANCE GUARANTEE A51 In the event of BidderVendorContractor failure to attend the Guarantee defects within a reasonable

period of time the Performance Bank Guarantee will be encashed by the Purchaser The Purchaserrsquos decision

shall be final and binding on BidderVendorContractor

A60 SUPPLIES A61 The equipment products items Services to be supplied shall be strictly in accordance with the

Drawings Specifications Requirements indicated in the Tender Enquiry Order with deviations if any as

mutually accepted

A70 PROGRESS REPORTING amp MONITORING A71 Where so stipulated in the order the Bidder Supplier Contractor shall render such reports from time

to time as regards the progress of the contract and in such a form as may be called for by the Purchaser

A80 CANCELLATION OF ORDER A81The Purchaser reserves the right to cancel an order forthwith without any financial implications on either

side if on completion of 50 of the scheduled deliveryCompletion period the progress of

manufactureSupply is not to the satisfaction of Purchaser and failure on the part of the

BidderVendorContractor to comply with the delivery schedule is inevitable In such an event the

BidderVendorContractor shall repay all the advances together with interest at prevailing bank rates from the

date of receipt of such advances till date of repayment The title of any property delivered to Purchaser will

be reverted to the BidderVendorContractor at his cost

A82 In case of breach non-compliance of any of the agreed terms amp conditions of order contract MDL

reserves the right to recover consequential damages from the vendor contractor on account of such

premature termination of contract

A83 In case of delay beyond agreed period for liquidated damages or 10weeks from contractual delivery

period whichever is earlier MDL reserves the right to cancel the order and procure the order items services

from any available source at MDLrsquos option amp discretion and entirely at your risk and cost Extra expenditure

incurred by MDL in doing will be recoverable from Bidder Supplier Contractor

A90 PRESERVATION AND MAINTENANCE

A91 Should any material require any preservation till its final installationfitment the detailed procedure

(Long term amp short term) for the same as also the time of interval after which the state of preservation needs

to be reviewed is to be stated by the BidderVendorContractor

A92 Further the de-preservation prior to the materialequipment being commissioned and the maintenance

procedure together with its periodicity is also to be indicated by the Bidder Vendor Contractor

A93 The Bidder Vendor Contractor in their offer must confirm that indigenous oil lubricants and

preservatives etc can be used in the equipment The bidder must also give assurance that the equipment

performance will not be downgraded by use of indigenous equivalents

A100 FREIGHT amp INSURANCE

A101 For Indigenous Bidders In cases where the offers are for Door Delivery to Purchaser transit freight

amp Insurance charges shall be borne by the Bidder Supplier Contractor In other agreed cases of Ex-works

Ex-Transporters warehouse or Railway godown offers the Bidder Supplier Contractor on dispatch shall

give details of materials with dispatch particulars and their value in time to Purchasers Insurance Company

GM(M)MTI2000007617Passivation Station

Page 34 of 45

on the contact details as provided in the order In such agreed cases the freight amp insurance charges will be

paid by the purchaser directly to the parties concerned

A102 For Foreign Bidders For overseas supplies on CIF port of dispatch basis Transit Insurance shall be

arranged by the Purchaser The Bidder Supplier Contractor shall immediately on despatch of the

items inform all relevant details of despatch such as Order number Bill of LadingAWB number

marked as Freight Paid Insurance policydocument number of packages value of consignment

invoice number in time directly to Purchasers Insurance company amp Purchaser on the contact details

as provided in the order In case of delivery term other than CIFCIP the freight amp insurance charges

will be paid by the purchaser directly to the parties concerned

A110 TAXES amp DUTIES STATUTORY LEVIES A111 Taxes and duties applicable if any shall be regularized by MDL by issuing necessary exemption

certificates in respect of procurement for Defence Projects Bidder shall indicate separately the GST and

duties applicable in their offer When the items qualify for exemption partlyfully but the supplier did not

avail of the same the amount of taxes and duties on such supplies shall be to supplierrsquos account In cases

where exemption certificates are not issued for any reason taxes shall be paid as indicated in the Purchase

OrderContract Tax deduction at source will be effected wherever applicable (eg TDS under Income tax

Act TDS on Works Contract under GST Act etc) from the bills of the Supplier as per statutes Similarly

where payment of Custom duty is agreed to and stipulated in the Purchase Order Contract the same will be

paid by the Purchaser on receipt of supplierrsquos bills along with Custom Certified Duty Paid Challan-Money

Receipt in original or carbon copy as relevant These Challans Receipts Bill of Entry are to be drawn issued

in the name of lsquoMAZAGON DOCK SHIPBUILDERS LIMITEDrsquo only Where payment of GST is agreed to

and stipulated in the Purchase Order Contract the same will be paid by the Purchaser on the basis of

Suppliers TAX INVOICE wherein the GST Number along with HSN SAC code is indicated in the Invoice

A120 DEMURRAGE A121 Storage and Demurrage charges will be payable by the Bidder Vendor Contractor for all shipments

that reach purchaser without proper dispatch documentations Lorry Receipts not accompanied by packing

lists invoices etc The Supplier shall be responsible for fines due to errors or omissions in description weight

or measurements and for increased handling charges due to improper packing

A130 INSPECTION TESTING A131The ordered items will be inspected either by Classification Society Nominated Agency and or by

Inspection Officer nominated by Purchaser at stages defined in the tender Purchase Order or as agreed to be

defined subsequently in terms of the Purchase Order

A132 The decision of the Inspecting Authority or their representatives as the case may be on any question

of the intent meaning and the scope of Specifications Standards shall be final conclusive and binding on

the Bidder Vendor Contractor

A133 The Bidder Vendor Contractor shall accord all facilities to Purchasers Inspectors Nominated

Agency to carry out Inspection Testing during course of manufacture final testing

A140 RECEIPT INSPECTION BY MDL A141 MDL shall carry out necessary inspection of the items on receipt on the basis of an appropriate quality

assurance system and inspection system requirements along with representative of the Owner Any objection

raised by MDL Quality Control Team against quality of materials or workmanship shall be satisfactorily

corrected by the Contractor at his expense including replacement as may be required within shortest possible

time within 30 days Items damaged during transit shall also be rectified replaced by the Contractor within

shortest possible time payment for which shall be made at mutually agreed rates

A150 REJECTION OF MATERIALS A151 Should the articles or any portion thereof of the equipment be found defective rejected the Bidder

Vendor Contractor shall collect the same from the Purchasers Stores all incidental charges being borne by

him (inclusive of Custom duty if payable) within 30 days from the date of intimation to the Bidder Vendor

Contractor of such rejection The Purchaser reserves the right to dispose off the rejected items at the end of

a total period of 90 days in any manner to the best advantage to the Purchaser and recover storage charges

and any consequential damages from sale proceeds of such disposal

A160 TECHNOLOGICAL DEVELOPMENTS MODIFICATIONS

A161 The Bidder Supplier Contractor shall unconditionally and free of cost to the Purchaser transfer

information on technological developments innovations modifications which the BidderSupplier

Contractor would evolve in future (within 3 years) in relation to the supplied equipment To enable this the

Purchasers address shall be added to the Bidder Supplier Contractorrsquos mailing list or database or any other

document maintained for dissemination of product information and the Purchaser shall be informed of the

GM(M)MTI2000007617Passivation Station

Page 35 of 45

action taken in this regard If such improvements modifications are brought in by the Bidder Supplier

Contractorrsquos Design Department in the course of manufacture of equipment ordered by the Purchaser the

Bidder Supplier Contractor shall incorporate such improved versions in the equipment without any extra

cost to the Purchaser under Purchaserrsquos prior consent

A162 If the Purchaser be desirous of getting incorporated all post supply modifications improvements

arising out of technological developments to the original equipment supplied by the Bidder Supplier

Contractor the Bidder Supplier Contractor shall quote for and carry out all such modifications to the

equipment

A163 Where the whole or a portion of the equipment has been specifically developed by the Bidder

Supplier Contractor for the Owner and the latter would through the Purchaser be bearing the entire or part

of the development cost incurred by the Bidder Supplier Contractor the design rights for the whole or

portion thereof of the equipment as appropriate shall vest in the Owners

A164 Prior approval of the Owner should be obtained before similar articles are sold supplied to any other

party other than the Owner If such approval is given and sale is effected the Bidder Supplier Contractor

shall pay to the Owner royalty at the rate mutually agreed to

A165 The Sub-contractor Supplier Supplier shall continue to support the equipment for a minimum period

of 20 years from the date of supply by making available spare parts and assemblies of the equipment

supplied Should the Sub-contractor Supplier Supplier decides to discontinue the product for any reason

whatsoever adequate notice shall be given to the Purchaser Owner to enable procurement of the requisite

lifetime spares

A170 PURCHASERrsquoS RIGHT TO ACCEPT ANY BID PART OF BID AND TO REJECT ANY OR

ALL BIDS A171 The Purchaser reserves the right to accept and or reject any or all tenders and or to withdraw the tender

in Toto and or award the contract order in full or part to more than one vendor contractor without

assigning any reason whatsoever and without thereby incurring any liability to the affected Bidder or Bidders

or any obligations to inform the affected Bidder or Bidders of the grounds for MDL action

A180 BANK GUARANTEE INSURANCE COVER FOR FREE ISSUE MATERIAL A181 The Bidder Supplier Contractor shall furnish Bank Guarantee insurance Cover equivalent to the

value of materials supplied by MDL free of cost valid up to the execution of the contract delivery of

material inspected accepted and receipt at MDL together with the material reconciliation statement

whichever is later

A190 BIDDERrsquoS RESPONSE IN CASE OF NO PARTICIPATION A191 The Sub-contractor Supplier Vendor shall inform the Purchaser in advance in case he is unable to

participate in the tender for whatsoever reason Failure to comply with this will be viewed seriously and

consecutive three failures on the part of Sub-contractor Supplier Vendor to do so is liable for

disqualification debarring of the Sub-contractor Supplier Vendor from all future tender enquiries and or

delisting from the list of Approved Registered Vendors

A230 PREFERENCETIAL PURCHASE FROM MSE VENDORS ndash Not Applicable MDL has right to place order on MSE firm meeting following criteria

In tenders if participating MSEs quoted prices are within price band of L1+15 such MSEs shall also be

allowed to supply a portion up to 20 of requirement by bringing down their prices to L1 price where L1 is

non MSEs If more than 1 MSEs fall under such criteria then this 20 shall be distributed proportionally

This preference shall not be applicable where MSE firm is L1 firm out of 20 percent target of annual

procurement from Micro and Small Enterprises a sub-target of 20 percent (ie 4 percent out of 20 percent)

shall be earmarked for procurement from Micro and Small Enterprises owned by the Scheduled Caste or the

Scheduled Tribe Entrepreneurs In respect of items reserved for MSE extant guidelines shall be followed

Presently Circular No SO 581(E) dated 23032012 is applicable

GM(M)MTI2000007617Passivation Station

Page 36 of 45

Annexure-5

LOADING FACTORS A

Sr

No

Description Foreign Supplier

100 import content

Indigenous

Supplier with part

Import content

Indigenous

Supplier without

Import content

1 Basic Price Quoted

CIF

a a Ex Works

b b Delivered to

MDL Stores

a Ex Works

b Delivered to

MDL Stores

2 Add Insurance Charges Nil In case of 1 (a) In case of 1 (a)

3 Add Sea Air Freight charges

Inland Road Transport Nil In case of 1 (a) In case of 1 (a)

4

Customs Clearance Port

Handling Transportation to

Yard

Applicable NIL NIL

5

Cost (ex-MDL) excluding taxes

amp duties without loading

towards any deviations

CIF price +

SrNo4 Sr Nos (1+2+3) Sr Nos (1+2+3)

B LOADINGS DUE TO VARIATIONS IN FINANCIAL TERM

6 Variation in payment Terms

Varied payment terms quoted by bidders as compared to the terms stated

in the tender document shall be normalized on the amount(s) at variation

and or for the period (in no of days) at variation by adopting the Prime

Lending Rate of State Bank India plus 2 thereon incase of indigenous

bidders and LIBOR EURIBOR rates in case of foreign bidders

7

Income tax amp Service Tax on

Technical Services Service

Engineers liability to MDL

Normalization shall be done in respect of the amount of tax that have to

be borne by the Company

8 Production norms such as

scrap output ndash input ratio

9 Base date for price variation

clause

1

0

Cost (ex-MDL) excluding taxes

amp duties after loading for

variations in financial term

(SR Nos 5 + 6 + 7 + 8 + 9)

C LOADING ON ACCOUNT OF DEVIATIONS IN FOLLOWING COMMERCIAL TERMS

11

Security Deposit Contract

Performance Guarantee Mandatory

12

Equipment Performance

Guarantee Mandatory

13

Additional delivery period

sought over stipulated period as

per Tender

For the additional period sought by the bidder over the stipulated date of

delivery as per tender 050 per week for delayed period will be loaded

to the quoted price if the period under variation does not lead to bid

rejection criteria 14 Additional time sought for

supplying binding data

15 Liquidated damages per week

rate Maximum Ceiling

If bidder seeks less than 5 (Max ceiling) then the difference will be

loaded

The rate of LD per week or part thereof is 05 If bidder seeks say 04

per week or part thereof then Max Ceiling of LD will be equated to

weeks (Say 10 weeks) then LD proposed by bidder works out to 10 X 04

= 4 then 1 will be loaded

16 Warranty Guarantee

Deviations in respect of the period of Warranty shall be loaded to the

quoted price 025 per month or part thereof This does not arise if

the bidder quotes additional price for the differential period

GM(M)MTI2000007617Passivation Station

Page 37 of 45

17

Cost (Ex-MDL) excluding taxes

amp duties after loading for

variations on account of

financial and commercial terms

Sr Nos 10 + 11 + 12 + 13 + 14 + 15 + 16

D LANDED COST

18

Taxes amp Duties

19

Landed Cost Sr Nos 17 + 18

GM(M)MTI2000007617Passivation Station

Page 38 of 45

Annexure-6

LETTER OF CREDIT FORMAT FOR SHIPMENT BY SEA AIR

40A Form of Documentary Credit Type IRREVOCABLE

20 Transaction Reference Number Documentary

Credit Number

31C Date of Issue Date

31D Date and Place of Expiry Date

Place NEGOTIATING BANK

51A Applicant Bank BIC BANKERS OF MDLMUMBAI

50 Applicant Name amp Address MAZAGON DOCK SHIPBUILDERS LTD

DOCKYARD ROAD MAZAGON MUMBAI ndash

400 010

59 Beneficiary Name amp Address

32B Currency Code Amount

Currency

Amount

39A Percentage Credit Amount Tolerance

Tolerance 1

Tolerance 2

41D Available with hellipByhellip Name amp Address

42C Draft at hellip Narrative SIGHTNEGOTIATION

42D Drawee Name amp Address BANKERS OF MDLMUMBAI

43P Partial Shipments Narrative ALLOWEDNOT ALLOWED

43T Transhipment Narrative ALLOWEDNOT ALLOWED

44A Loading on Board Dispatch Narrative AIRPORT SEAPORT (AS PER TENDER

ENQUIRYORDER)

44B For Transportation to Narrative AIRPORT SEAPORT (AS PER TENDER

ENQUIRYORDER)

44C Latest Date of Shipment Date

46A Documents required Narrative (AS PER TENDER ENQUIRY)

47A Additional conditions Narrative 1 ALL DOCUMENTS SHOULD BE MARKED

WITH IEC CODE NO0388070412 LC NO

AND DATE AND IMPORT UNDER NON-

NEGATIVE LIST OF IMPORT EXPORT

POLICY AM

2 DISCREPANT DOCUMENTS TO BE SENT

STRICTLY ON COLLECTION BASIS

71B Details of charges Narrative ALL FOREIGN BANK CHARGES OUTSIDE

INDIA ARE FOR THE BENEFICIARYrsquoS

ACCOUNT

48 Period for presentation

Narrative

WITHIN ----- DAYS FROM THE DATE OF

BILL OF LADING AIRWAY BILL 49 Confirmation instructions

Instruction

WITHOUT

53D Reimbursing Bank

Name amp Address

BANKERS OF MDL WILL SPECIFY

78 Instructions to the Paying Accepting Bank

Narrative

BANKERS OF MDL WILL SPECIFY 72 Sender to Receiver Information

Narrative

BANKERS OF MDL WILL SPECIFY

GM(M)MTI2000007617Passivation Station

Page 39 of 45

Enclosure-7

PROFORMA BANK GUARANTEE FOR BID BOND EMD

(On Non-Judicial stamp paper of value Rs 500-)

IN CONSIDERATION OF MAZAGON DOCK SHIPBUILDERS LIMTED a company incorporated under the Companies Act 1956 and having its registered office at Dockyard Road Mumbai 400010 (hereinafter referred to as

the ldquothe Companyrdquo which expression shall unless it be repugnant or contrary to the subject or context thereof be

deemed to mean and include its successors and assigns) having agreed to accept the Earnest Money Deposit (EMD)

of Rs--------------------------- -------(Rupees-----------------------------only) in the form of Bank Guarantee from Messers

a partnership firmsole proprietor businessa company registered under the Companies Act 1956

having its office at (hereinafter called the tenderer which expression shall unless it be

repugnant or contrary to the subject or context thereof be deemed to mean and include its successors and assigns) for

participating in the Tender nodated (hereinafter called the tender which expression

shall include any amendmentsalterations to the tender issued by the Company) for the supply delivery at site

installation and commissioning of certain equipment itemservicescivil works etc We

Bank having office at (hereinafter referred to as ldquothe Bankrdquo which

expression shall includes its successors and assigns) hereby agree to pay to the Company without any demur on first

demand an amount not exceeding Rs (Rupeesonly) against any loss or damage costs charges and expenses caused to or suffered by the Company by reason of non performance and non-fulfilment or for

any breach on the part of the tenderer of any of the terms and conditions of the said tender

2 We Bank further agree that the Company shall be sole judge whether the said tenderer has

failed to perform or fulfil the said tender in terms thereof or committed breach of any terms and conditions of the

tender the extent of loss damage cost charges and expenses suffered or incurred or would be suffered or incurred by

the Company on account thereof and we waive in the favour of the Company all the rights and defences to which we

as guarantors may be entitled to

3 We Bank further agree that the amount demanded by the Company as such shall be final and

binding on the Bank as to the Bank s liability to pay and the amount demanded and the Bank undertake to pay the

Company the amount so demanded on first demand and without any demur notwithstanding any dispute raised by the

tenderer or any suit or other legal proceedings including arbitration pending before any court tribunal or arbitrator

relating thereto our liability under this guarantee being absolute and unconditional

4 We Bank further agree with the Company that the Company shall have the fullest liberty

without our consent and without affecting in any manner our obligations hereunder to vary any of the terms and

conditions of the said tenderor to extend time of performance by the tenderer from time to time or to postpone for

any time to time any of the powers exercisable by the Company against the tenderer and to forbear to enforce any of

the terms and conditions relating to the tender and we shall not be relieved from our liability by reason of any such

variation or extension being granted to the tenderer or for any forbearance act or omission on the part of the

Company or any indulgence by the Company to the tenderer or by any such matter or things whatsoever which under

the law relating to sureties would have the effect of relieving us

5 We Bank further undertake not to revoke this guarantee during its currency except with

the previous consent of the Company in writing

6 We Bank also agree that the Bankrsquos liability under this guarantee shall not be affected

by any change in the constitution of the tenderer or dissolution or winding up of the business of the tenderer

7 Notwithstanding anything contained herein above

i) Our liability under this guarantee shall not exceed Rs

ii) This Bank Guarantee shall be valid upto and including and

iii) We are liable to pay the guarantee amount or any part thereof under this Bank Guarantee only and only if you

serve upon us a written claim or demand on or before helliphelliphellip (validity + --- weeks from the date of expiry of this

guarantee)

8 This Guarantee shall be governed by Indian laws and the Courts at Mumbai India shall have the exclusive

jurisdiction

GM(M)MTI2000007617Passivation Station

Page 40 of 45

IN WITNESS WHEREOF the Bank has executed this document on this day

of

For Bank

(by its constituted attorney

or the person authorized to sign)

(Signature of a person authorized

to sign on behalf of the Bank)

GM(M)MTI2000007617Passivation Station

Page 41 of 45

Enclosure-8

PROFORMA BANK GUARANTEE FOR SECURITY DEPOSIT (ILLUSTRATIVE FORMAT)

(On Non-Judicial stamp paper of value Rs 500)

IN CONSIDERATION OF MAZAGON DOCK SHIPBUILDERS LIMTED a company incorporated under the

Companies Act 1956 and having its registered office at Dockyard Road Mumbai 400010 (hereinafter referred to as

the ldquothe Purchaserrdquo which expression shall unless it be repugnant or contrary to the subject or context thereof be

deemed to mean and include its successors and assigns) having placed an order on Messers

a partnership firmsole proprietor businessa company registered under the Companies Act 1956

having its office at (hereinafter called the Contractor Supplier which expression shall unless it

be repugnant or contrary to the subject or context thereof be deemed to mean and include its successors and assigns)

vide order No dated (hereinafter called the order which expression shall include any

amendmentsalterations to the order issued by the Purchaser) for the supply delivery at site installation and

commissioning of certain equipment itemservicescivil works etc as stated in the said Order and the Purchaser

having agreed with the ContractorSupplier to accept a Bank Guarantee in lieu of Security Deposit payable under the

said order for the fulfilment and performance of the said order We Bank having

office at (hereinafter referred to as the Bank which expression shall includes its

successors and assigns) hereby agree to pay to the Purchaser without any demur on first demand an amount not

exceeding Rs (Rupeesonly) being 5 of the order value against any loss or damage costs

charges and expenses caused to or suffered by the Purchaser by reason of non performance and non-fulfilment or for

any breach on the part of the Contractor Supplier of any of the terms and conditions of the said order

2 We Bank further agree that the Purchaser shall be sole judge whether the said

contractorSupplier has failed to perform or fulfil the said order in terms thereof or committed breach of any terms

and conditions of the order and the extent of loss damage cost charges and expenses suffered or incurred or would

be suffered or incurred by the Purchaser on account thereof and we waive in the favour

of the Purchaser all the rights and defences to which we as guarantors may be entitled to

3 We Bank further agree that the amount demanded by the Purchaser as such shall be final and

binding on the Bank as to the Bank s liability to pay and the amount demanded and the Bank undertake to pay the

Purchaser the amount so demanded on first demand and without any demur notwithstanding any dispute raised by the

ContractorSupplier or any suit or other legal proceedings including arbitration pending before any court tribunal or

arbitrator relating thereto our liability under this guarantee being absolute and unconditional

4 We Bank further agree with the Purchaser that the Purchaser shall have the fullest liberty

without our consent and without affecting in any manner our obligations hereunder to vary any of the terms and

conditions of the said orderor to extend time of performance by the Supplier from time to time or to

postpone for any time to time any of the powers exercisable by the Purchaser against the Contractor Supplier and to

forbear to enforce any of the terms and conditions relating to the order and we shall not be relieved from our liability

by reason of any such variation or extension being granted to the Contractor Supplier or for any forbearance act or

omission on the part of the Purchaser or any indulgence by the

Purchaser to the ContractorSupplier or by any such matter or things whatsoever which under the law relating to

sureties would have the effect of relieving us

5 We Bank further undertake not to revoke this guarantee during its currency except with

the previous consent of the Purchaser in writing

6 We Bank also agree that the Bankrsquos liability under this guarantee shall not be affected

by any change in the constitution of the Contractor Supplier or dissolution or winding up of the business of the

contractor supplier

7 Notwithstanding anything contained herein above

i) Our liability under this guarantee shall not exceed Rs

ii) This Bank Guarantee shall be valid upto and including and

GM(M)MTI2000007617Passivation Station

Page 42 of 45

iii) We are liable to pay the guarantee amount or any part thereof under this Bank Guarantee only and only if you

serve upon us a written claim or demand on or before helliphelliphelliphellip(validity + ---weeks from the date of expiry of this

guarantee)

8 This Guarantee shall be governed by Indian laws and the Courts at Mumbai India

shall have the exclusive jurisdiction

IN WITNESS WHEREOF the Bank has executed this document on

this day of

For Bank

(by its constituted attorney)

(Signature of a person authorised

to sign on behalf of the Bank)

GM(M)MTI2000007617Passivation Station

Page 43 of 45

Enclosure-9

PROFORMA BANK GUARANTEE FOR PERFORMANCE (ILLUSTRATIVE FORMAT)

(On Non-Judicial stamp paper of value Rs 500-)

IN CONSIDERATION OF MAZAGON DOCK SHIPBUILDERS LIMTED a company incorporated under the

Companies Act 1956 and having its registered office at Dockyard Road Mumbai 400010 (hereinafter referred to as

the ldquothe Purchaserrdquo which expression shall unless it be repugnant or contrary to the subject or context thereof be

deemed to mean and include its successors and assigns) having placed an order on Messers a

partnership firmsole proprietor businessa company registered under the Companies Act 1956 having its Registered

office at (hereinafter called the Contractor Supplier which expression shall unless it be

repugnant or contrary to the subject or context thereof be deemed to mean and include its successors and assigns)

vide order No dated (hereinafter called the order which expression shall include any

amendmentsalterations to the order issued by the Purchaser) for the supply delivery at site installation and

commissioning of certain equipment itemservicescivil works etc as stated in the said Order and the Purchaser

having agreed that the Contractor Supplier shall furnish a security for the performance of the Contractorrsquos

Suppliers obligations andor discharge of the Contractorrsquos Suppliers liability in connection with the said order and

the Purchaser having agreed with the ContractorSupplier to accept a performance guarantee We

Bank having office at (hereinafter referred to as the

Bank which expression shall includes its successors and assigns) hereby agree to pay to the Purchaser without any

demur on first demand an amount not exceeding Rs (Rupeesonly) being 10 of the order

value against any loss or damage costs charges and expenses caused to or suffered by the Purchaser by reason of

non-performance and non-fulfilment or for any breach on the part of the Contractor Supplier of any of the terms and

conditions of the said order

2 We Bank further agree that the Purchaser shall be sole judge whether the said

ContractorSupplier has failed to perform or fulfil the said order in terms thereof or committed breach of any terms

and conditions of the order and the extent of loss damage cost charges and expenses suffered or incurred or would

be suffered or incurred by the Purchaser on account thereof and we waive in the favour of

the Purchaser all the rights and defences to which we as guarantors may be entitled to

3 We Bank further agree that the amount demanded by the Purchaser as such shall be final and

binding on the Bank as to the Bank s liability to pay and the amount demanded and the Bank undertake to pay the

Purchaser the amount so demanded on first demand and without any demur otwithstanding any dispute raised by the

ContractorSupplier or any suit or other legal proceedings including arbitration pending before any court tribunal or

arbitrator relating thereto our liability under this guarantee being absolute and unconditional

4 We Bank further agree with the Purchaser that the Purchaser shall have the fullest liberty

without our consent and without affecting in any manner our obligations hereunder to vary any of the terms and

conditions of the said orderor to extend time of performance by the Supplier from time to time or to postpone for

any time to time any of the powers exercisable by the Purchaser against the Contractor

Supplier and to forbear to enforce any of the terms and conditions relating to the order and we shall not be relieved

from our liability by reason of any such variation or extension being granted to the Contractor Supplier or for any

forbearance act or omission on the part of the Purchaser or any indulgence by the Purchaser to the

ContractorSupplier or by any such matter or things whatsoever which under the law

relating to sureties would have the effect of relieving us

5 We Bank further undertake not to revoke this guarantee during its currency except with

the previous consent of the Purchaser in writing

6 We Bank also agree that the Bankrsquos liability under this guarantee shall not be affected

by any change in the constitution of the Contractor Supplier or

dissolutionhelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

7 Notwithstanding anything contained herein above

i) Our liability under this guarantee shall not exceed Rs

ii) This Bank Guarantee shall be valid upto and including and

GM(M)MTI2000007617Passivation Station

Page 44 of 45

iii) We are liable to pay the guarantee amount or any part thereof under this Bank Guarantee only and only if you

serve upon us a written claim or demand on or before helliphelliphellip (validity + ---weeks from the date of expiry of this

guarantee)

8 This Guarantee shall be governed by Indian laws and the Courts at Mumbai India shall have the exclusive

jurisdiction

IN WITNESS WHEREOF the Bank has executed this document on

this day of

For Bank

(by its constituted attorney)

(Signature of a person authorised

to sign on behalf of the Bank)

GM(M)MTI2000007617Passivation Station

Page 45 of 45

Enclosure-10

Electronic Payment Mandate Form

(MDL Bank details)

Name of the CompanyFirm Mazagon Dock Shipbuilders Limited

Address with Phone no Dockyard Road Mumbai ndash 400010

E-Mail ID

Phone No +91 22 23745310

Fax No

Particulars of Bank Account

Name of the Bank State Bank of India

Name of the Branch Mazagon Dock Mumbai Branch

Branch Code 9054

Bank IFSC NEFT Code SBIN0009054

Bank Address MBPT Workshop building NV Nakhwa Road Mazagon - 400010

City Name Mumbai

Telephone No of Bank +91 22 23752802

9 digit code no of bank amp branch

appearing on the MICR cheque

issued by your bank

400002120

Type of Account Current Account

Account No 10005255246

Income Tax PAN No AAACM8029J

Page 32: Final Tender - Mazagon Dock Shipbuilders...DIVISION-SHIP BUILDING DEPARTMENT-MATERIAL PROCUREMENT Tender no.: GM(M)/MTI/2000007617 for the Engineering, Manufacturing, Supply/Installation,

GM(M)MTI2000007617Passivation Station

Page 32 of 45

clause of the contract

iv) In case the issuesdisputes do not get settled within a period of six months from the date of

submission of the dispute to the Grievance Cell then the contractor may invoke Arbitration Clause of the

contract

352 ARBITRATION Unresolved disputesdifferences if any shall then be settled by arbitration The

Arbitration proceedings shall be conducted at Mumbai India in English Language under the Arbitration amp

Conciliation Act 1996

MDL prefers to have arbitration through Institutes such as Indian Council of Arbitration (ICA)ICA-DR with

the mutual consent of the parties

353 In case of unresolved differencedispute between the Purchaser and Supplier being Central Public

Sector EnterprisesCentral Govt departments the disputes shall be resolved firstly through mutual discussion

or through the empowered agencies of the Govt or through arbitration by reference by either party to the

department of Public Enterprises as per extant guidelines If disputesdifferences remain

unresolvedunexecuted the same shall be referred first to the Cabinet Secretariat and then if necessary to the

PMO

354 Any changes to arbitration clause must be vetted by HOD (Legal) before incorporation in

contractPO

360 JURISDICTION OF COURTS 361 All contracts shall be deemed to have been wholly made in Mumbai and all claims there under are

payable in Mumbai City and it is the distinct condition of the order that no suit or action for the purpose of

enforcing any claim in respect of the order shall be instituted in any Court other than that situated in Mumbai

City Maharashtra State India ie courts in Mumbai shall alone have jurisdiction to decide upon any dispute

arising out of or in respect of the contract

-----------------------

GM(M)MTI2000007617Passivation Station

Page 33 of 45

Enclosure-4

GENERAL TERMS amp CONDITIONS (GTampC)

A10 Blank

A20 SECURITY DEPOSIT A21 The successful bidder shall submit a Security Deposit 5 of the contract order value (excluding

taxes duties freight service component) of the Order in the form of Demand Draft Bank Guarantee in the

prescribed format in favour of Purchaser within 25 days from date of Contract The Security Deposit will be

returned only after the successful execution of the order contract Refund of Security Deposit whenever

considered admissible by the Purchaser shall be without interest only

A30 FORFEITURE OF EMD BID BOND A31 In cases of withdrawal of bid during validity period or during any extension granted thereof non

acceptance of agreed conditions of Technical and or Commercial and or Price Negotiations non-submission

of the security deposit and or non-acceptance of the order the EMD or bid security will be forfeited or

encashed as the case may be

A40 FORFEITURE OF SECURITY DEPOSIT A41 Non-performance of agreed terms and or defaultbreach by BidderVendorContractor will result in

forfeiture of security deposit with application of risk purchase provisions as felt appropriate by the Purchaser

A50 FORFEITURE OF PERFORMANCE GUARANTEE A51 In the event of BidderVendorContractor failure to attend the Guarantee defects within a reasonable

period of time the Performance Bank Guarantee will be encashed by the Purchaser The Purchaserrsquos decision

shall be final and binding on BidderVendorContractor

A60 SUPPLIES A61 The equipment products items Services to be supplied shall be strictly in accordance with the

Drawings Specifications Requirements indicated in the Tender Enquiry Order with deviations if any as

mutually accepted

A70 PROGRESS REPORTING amp MONITORING A71 Where so stipulated in the order the Bidder Supplier Contractor shall render such reports from time

to time as regards the progress of the contract and in such a form as may be called for by the Purchaser

A80 CANCELLATION OF ORDER A81The Purchaser reserves the right to cancel an order forthwith without any financial implications on either

side if on completion of 50 of the scheduled deliveryCompletion period the progress of

manufactureSupply is not to the satisfaction of Purchaser and failure on the part of the

BidderVendorContractor to comply with the delivery schedule is inevitable In such an event the

BidderVendorContractor shall repay all the advances together with interest at prevailing bank rates from the

date of receipt of such advances till date of repayment The title of any property delivered to Purchaser will

be reverted to the BidderVendorContractor at his cost

A82 In case of breach non-compliance of any of the agreed terms amp conditions of order contract MDL

reserves the right to recover consequential damages from the vendor contractor on account of such

premature termination of contract

A83 In case of delay beyond agreed period for liquidated damages or 10weeks from contractual delivery

period whichever is earlier MDL reserves the right to cancel the order and procure the order items services

from any available source at MDLrsquos option amp discretion and entirely at your risk and cost Extra expenditure

incurred by MDL in doing will be recoverable from Bidder Supplier Contractor

A90 PRESERVATION AND MAINTENANCE

A91 Should any material require any preservation till its final installationfitment the detailed procedure

(Long term amp short term) for the same as also the time of interval after which the state of preservation needs

to be reviewed is to be stated by the BidderVendorContractor

A92 Further the de-preservation prior to the materialequipment being commissioned and the maintenance

procedure together with its periodicity is also to be indicated by the Bidder Vendor Contractor

A93 The Bidder Vendor Contractor in their offer must confirm that indigenous oil lubricants and

preservatives etc can be used in the equipment The bidder must also give assurance that the equipment

performance will not be downgraded by use of indigenous equivalents

A100 FREIGHT amp INSURANCE

A101 For Indigenous Bidders In cases where the offers are for Door Delivery to Purchaser transit freight

amp Insurance charges shall be borne by the Bidder Supplier Contractor In other agreed cases of Ex-works

Ex-Transporters warehouse or Railway godown offers the Bidder Supplier Contractor on dispatch shall

give details of materials with dispatch particulars and their value in time to Purchasers Insurance Company

GM(M)MTI2000007617Passivation Station

Page 34 of 45

on the contact details as provided in the order In such agreed cases the freight amp insurance charges will be

paid by the purchaser directly to the parties concerned

A102 For Foreign Bidders For overseas supplies on CIF port of dispatch basis Transit Insurance shall be

arranged by the Purchaser The Bidder Supplier Contractor shall immediately on despatch of the

items inform all relevant details of despatch such as Order number Bill of LadingAWB number

marked as Freight Paid Insurance policydocument number of packages value of consignment

invoice number in time directly to Purchasers Insurance company amp Purchaser on the contact details

as provided in the order In case of delivery term other than CIFCIP the freight amp insurance charges

will be paid by the purchaser directly to the parties concerned

A110 TAXES amp DUTIES STATUTORY LEVIES A111 Taxes and duties applicable if any shall be regularized by MDL by issuing necessary exemption

certificates in respect of procurement for Defence Projects Bidder shall indicate separately the GST and

duties applicable in their offer When the items qualify for exemption partlyfully but the supplier did not

avail of the same the amount of taxes and duties on such supplies shall be to supplierrsquos account In cases

where exemption certificates are not issued for any reason taxes shall be paid as indicated in the Purchase

OrderContract Tax deduction at source will be effected wherever applicable (eg TDS under Income tax

Act TDS on Works Contract under GST Act etc) from the bills of the Supplier as per statutes Similarly

where payment of Custom duty is agreed to and stipulated in the Purchase Order Contract the same will be

paid by the Purchaser on receipt of supplierrsquos bills along with Custom Certified Duty Paid Challan-Money

Receipt in original or carbon copy as relevant These Challans Receipts Bill of Entry are to be drawn issued

in the name of lsquoMAZAGON DOCK SHIPBUILDERS LIMITEDrsquo only Where payment of GST is agreed to

and stipulated in the Purchase Order Contract the same will be paid by the Purchaser on the basis of

Suppliers TAX INVOICE wherein the GST Number along with HSN SAC code is indicated in the Invoice

A120 DEMURRAGE A121 Storage and Demurrage charges will be payable by the Bidder Vendor Contractor for all shipments

that reach purchaser without proper dispatch documentations Lorry Receipts not accompanied by packing

lists invoices etc The Supplier shall be responsible for fines due to errors or omissions in description weight

or measurements and for increased handling charges due to improper packing

A130 INSPECTION TESTING A131The ordered items will be inspected either by Classification Society Nominated Agency and or by

Inspection Officer nominated by Purchaser at stages defined in the tender Purchase Order or as agreed to be

defined subsequently in terms of the Purchase Order

A132 The decision of the Inspecting Authority or their representatives as the case may be on any question

of the intent meaning and the scope of Specifications Standards shall be final conclusive and binding on

the Bidder Vendor Contractor

A133 The Bidder Vendor Contractor shall accord all facilities to Purchasers Inspectors Nominated

Agency to carry out Inspection Testing during course of manufacture final testing

A140 RECEIPT INSPECTION BY MDL A141 MDL shall carry out necessary inspection of the items on receipt on the basis of an appropriate quality

assurance system and inspection system requirements along with representative of the Owner Any objection

raised by MDL Quality Control Team against quality of materials or workmanship shall be satisfactorily

corrected by the Contractor at his expense including replacement as may be required within shortest possible

time within 30 days Items damaged during transit shall also be rectified replaced by the Contractor within

shortest possible time payment for which shall be made at mutually agreed rates

A150 REJECTION OF MATERIALS A151 Should the articles or any portion thereof of the equipment be found defective rejected the Bidder

Vendor Contractor shall collect the same from the Purchasers Stores all incidental charges being borne by

him (inclusive of Custom duty if payable) within 30 days from the date of intimation to the Bidder Vendor

Contractor of such rejection The Purchaser reserves the right to dispose off the rejected items at the end of

a total period of 90 days in any manner to the best advantage to the Purchaser and recover storage charges

and any consequential damages from sale proceeds of such disposal

A160 TECHNOLOGICAL DEVELOPMENTS MODIFICATIONS

A161 The Bidder Supplier Contractor shall unconditionally and free of cost to the Purchaser transfer

information on technological developments innovations modifications which the BidderSupplier

Contractor would evolve in future (within 3 years) in relation to the supplied equipment To enable this the

Purchasers address shall be added to the Bidder Supplier Contractorrsquos mailing list or database or any other

document maintained for dissemination of product information and the Purchaser shall be informed of the

GM(M)MTI2000007617Passivation Station

Page 35 of 45

action taken in this regard If such improvements modifications are brought in by the Bidder Supplier

Contractorrsquos Design Department in the course of manufacture of equipment ordered by the Purchaser the

Bidder Supplier Contractor shall incorporate such improved versions in the equipment without any extra

cost to the Purchaser under Purchaserrsquos prior consent

A162 If the Purchaser be desirous of getting incorporated all post supply modifications improvements

arising out of technological developments to the original equipment supplied by the Bidder Supplier

Contractor the Bidder Supplier Contractor shall quote for and carry out all such modifications to the

equipment

A163 Where the whole or a portion of the equipment has been specifically developed by the Bidder

Supplier Contractor for the Owner and the latter would through the Purchaser be bearing the entire or part

of the development cost incurred by the Bidder Supplier Contractor the design rights for the whole or

portion thereof of the equipment as appropriate shall vest in the Owners

A164 Prior approval of the Owner should be obtained before similar articles are sold supplied to any other

party other than the Owner If such approval is given and sale is effected the Bidder Supplier Contractor

shall pay to the Owner royalty at the rate mutually agreed to

A165 The Sub-contractor Supplier Supplier shall continue to support the equipment for a minimum period

of 20 years from the date of supply by making available spare parts and assemblies of the equipment

supplied Should the Sub-contractor Supplier Supplier decides to discontinue the product for any reason

whatsoever adequate notice shall be given to the Purchaser Owner to enable procurement of the requisite

lifetime spares

A170 PURCHASERrsquoS RIGHT TO ACCEPT ANY BID PART OF BID AND TO REJECT ANY OR

ALL BIDS A171 The Purchaser reserves the right to accept and or reject any or all tenders and or to withdraw the tender

in Toto and or award the contract order in full or part to more than one vendor contractor without

assigning any reason whatsoever and without thereby incurring any liability to the affected Bidder or Bidders

or any obligations to inform the affected Bidder or Bidders of the grounds for MDL action

A180 BANK GUARANTEE INSURANCE COVER FOR FREE ISSUE MATERIAL A181 The Bidder Supplier Contractor shall furnish Bank Guarantee insurance Cover equivalent to the

value of materials supplied by MDL free of cost valid up to the execution of the contract delivery of

material inspected accepted and receipt at MDL together with the material reconciliation statement

whichever is later

A190 BIDDERrsquoS RESPONSE IN CASE OF NO PARTICIPATION A191 The Sub-contractor Supplier Vendor shall inform the Purchaser in advance in case he is unable to

participate in the tender for whatsoever reason Failure to comply with this will be viewed seriously and

consecutive three failures on the part of Sub-contractor Supplier Vendor to do so is liable for

disqualification debarring of the Sub-contractor Supplier Vendor from all future tender enquiries and or

delisting from the list of Approved Registered Vendors

A230 PREFERENCETIAL PURCHASE FROM MSE VENDORS ndash Not Applicable MDL has right to place order on MSE firm meeting following criteria

In tenders if participating MSEs quoted prices are within price band of L1+15 such MSEs shall also be

allowed to supply a portion up to 20 of requirement by bringing down their prices to L1 price where L1 is

non MSEs If more than 1 MSEs fall under such criteria then this 20 shall be distributed proportionally

This preference shall not be applicable where MSE firm is L1 firm out of 20 percent target of annual

procurement from Micro and Small Enterprises a sub-target of 20 percent (ie 4 percent out of 20 percent)

shall be earmarked for procurement from Micro and Small Enterprises owned by the Scheduled Caste or the

Scheduled Tribe Entrepreneurs In respect of items reserved for MSE extant guidelines shall be followed

Presently Circular No SO 581(E) dated 23032012 is applicable

GM(M)MTI2000007617Passivation Station

Page 36 of 45

Annexure-5

LOADING FACTORS A

Sr

No

Description Foreign Supplier

100 import content

Indigenous

Supplier with part

Import content

Indigenous

Supplier without

Import content

1 Basic Price Quoted

CIF

a a Ex Works

b b Delivered to

MDL Stores

a Ex Works

b Delivered to

MDL Stores

2 Add Insurance Charges Nil In case of 1 (a) In case of 1 (a)

3 Add Sea Air Freight charges

Inland Road Transport Nil In case of 1 (a) In case of 1 (a)

4

Customs Clearance Port

Handling Transportation to

Yard

Applicable NIL NIL

5

Cost (ex-MDL) excluding taxes

amp duties without loading

towards any deviations

CIF price +

SrNo4 Sr Nos (1+2+3) Sr Nos (1+2+3)

B LOADINGS DUE TO VARIATIONS IN FINANCIAL TERM

6 Variation in payment Terms

Varied payment terms quoted by bidders as compared to the terms stated

in the tender document shall be normalized on the amount(s) at variation

and or for the period (in no of days) at variation by adopting the Prime

Lending Rate of State Bank India plus 2 thereon incase of indigenous

bidders and LIBOR EURIBOR rates in case of foreign bidders

7

Income tax amp Service Tax on

Technical Services Service

Engineers liability to MDL

Normalization shall be done in respect of the amount of tax that have to

be borne by the Company

8 Production norms such as

scrap output ndash input ratio

9 Base date for price variation

clause

1

0

Cost (ex-MDL) excluding taxes

amp duties after loading for

variations in financial term

(SR Nos 5 + 6 + 7 + 8 + 9)

C LOADING ON ACCOUNT OF DEVIATIONS IN FOLLOWING COMMERCIAL TERMS

11

Security Deposit Contract

Performance Guarantee Mandatory

12

Equipment Performance

Guarantee Mandatory

13

Additional delivery period

sought over stipulated period as

per Tender

For the additional period sought by the bidder over the stipulated date of

delivery as per tender 050 per week for delayed period will be loaded

to the quoted price if the period under variation does not lead to bid

rejection criteria 14 Additional time sought for

supplying binding data

15 Liquidated damages per week

rate Maximum Ceiling

If bidder seeks less than 5 (Max ceiling) then the difference will be

loaded

The rate of LD per week or part thereof is 05 If bidder seeks say 04

per week or part thereof then Max Ceiling of LD will be equated to

weeks (Say 10 weeks) then LD proposed by bidder works out to 10 X 04

= 4 then 1 will be loaded

16 Warranty Guarantee

Deviations in respect of the period of Warranty shall be loaded to the

quoted price 025 per month or part thereof This does not arise if

the bidder quotes additional price for the differential period

GM(M)MTI2000007617Passivation Station

Page 37 of 45

17

Cost (Ex-MDL) excluding taxes

amp duties after loading for

variations on account of

financial and commercial terms

Sr Nos 10 + 11 + 12 + 13 + 14 + 15 + 16

D LANDED COST

18

Taxes amp Duties

19

Landed Cost Sr Nos 17 + 18

GM(M)MTI2000007617Passivation Station

Page 38 of 45

Annexure-6

LETTER OF CREDIT FORMAT FOR SHIPMENT BY SEA AIR

40A Form of Documentary Credit Type IRREVOCABLE

20 Transaction Reference Number Documentary

Credit Number

31C Date of Issue Date

31D Date and Place of Expiry Date

Place NEGOTIATING BANK

51A Applicant Bank BIC BANKERS OF MDLMUMBAI

50 Applicant Name amp Address MAZAGON DOCK SHIPBUILDERS LTD

DOCKYARD ROAD MAZAGON MUMBAI ndash

400 010

59 Beneficiary Name amp Address

32B Currency Code Amount

Currency

Amount

39A Percentage Credit Amount Tolerance

Tolerance 1

Tolerance 2

41D Available with hellipByhellip Name amp Address

42C Draft at hellip Narrative SIGHTNEGOTIATION

42D Drawee Name amp Address BANKERS OF MDLMUMBAI

43P Partial Shipments Narrative ALLOWEDNOT ALLOWED

43T Transhipment Narrative ALLOWEDNOT ALLOWED

44A Loading on Board Dispatch Narrative AIRPORT SEAPORT (AS PER TENDER

ENQUIRYORDER)

44B For Transportation to Narrative AIRPORT SEAPORT (AS PER TENDER

ENQUIRYORDER)

44C Latest Date of Shipment Date

46A Documents required Narrative (AS PER TENDER ENQUIRY)

47A Additional conditions Narrative 1 ALL DOCUMENTS SHOULD BE MARKED

WITH IEC CODE NO0388070412 LC NO

AND DATE AND IMPORT UNDER NON-

NEGATIVE LIST OF IMPORT EXPORT

POLICY AM

2 DISCREPANT DOCUMENTS TO BE SENT

STRICTLY ON COLLECTION BASIS

71B Details of charges Narrative ALL FOREIGN BANK CHARGES OUTSIDE

INDIA ARE FOR THE BENEFICIARYrsquoS

ACCOUNT

48 Period for presentation

Narrative

WITHIN ----- DAYS FROM THE DATE OF

BILL OF LADING AIRWAY BILL 49 Confirmation instructions

Instruction

WITHOUT

53D Reimbursing Bank

Name amp Address

BANKERS OF MDL WILL SPECIFY

78 Instructions to the Paying Accepting Bank

Narrative

BANKERS OF MDL WILL SPECIFY 72 Sender to Receiver Information

Narrative

BANKERS OF MDL WILL SPECIFY

GM(M)MTI2000007617Passivation Station

Page 39 of 45

Enclosure-7

PROFORMA BANK GUARANTEE FOR BID BOND EMD

(On Non-Judicial stamp paper of value Rs 500-)

IN CONSIDERATION OF MAZAGON DOCK SHIPBUILDERS LIMTED a company incorporated under the Companies Act 1956 and having its registered office at Dockyard Road Mumbai 400010 (hereinafter referred to as

the ldquothe Companyrdquo which expression shall unless it be repugnant or contrary to the subject or context thereof be

deemed to mean and include its successors and assigns) having agreed to accept the Earnest Money Deposit (EMD)

of Rs--------------------------- -------(Rupees-----------------------------only) in the form of Bank Guarantee from Messers

a partnership firmsole proprietor businessa company registered under the Companies Act 1956

having its office at (hereinafter called the tenderer which expression shall unless it be

repugnant or contrary to the subject or context thereof be deemed to mean and include its successors and assigns) for

participating in the Tender nodated (hereinafter called the tender which expression

shall include any amendmentsalterations to the tender issued by the Company) for the supply delivery at site

installation and commissioning of certain equipment itemservicescivil works etc We

Bank having office at (hereinafter referred to as ldquothe Bankrdquo which

expression shall includes its successors and assigns) hereby agree to pay to the Company without any demur on first

demand an amount not exceeding Rs (Rupeesonly) against any loss or damage costs charges and expenses caused to or suffered by the Company by reason of non performance and non-fulfilment or for

any breach on the part of the tenderer of any of the terms and conditions of the said tender

2 We Bank further agree that the Company shall be sole judge whether the said tenderer has

failed to perform or fulfil the said tender in terms thereof or committed breach of any terms and conditions of the

tender the extent of loss damage cost charges and expenses suffered or incurred or would be suffered or incurred by

the Company on account thereof and we waive in the favour of the Company all the rights and defences to which we

as guarantors may be entitled to

3 We Bank further agree that the amount demanded by the Company as such shall be final and

binding on the Bank as to the Bank s liability to pay and the amount demanded and the Bank undertake to pay the

Company the amount so demanded on first demand and without any demur notwithstanding any dispute raised by the

tenderer or any suit or other legal proceedings including arbitration pending before any court tribunal or arbitrator

relating thereto our liability under this guarantee being absolute and unconditional

4 We Bank further agree with the Company that the Company shall have the fullest liberty

without our consent and without affecting in any manner our obligations hereunder to vary any of the terms and

conditions of the said tenderor to extend time of performance by the tenderer from time to time or to postpone for

any time to time any of the powers exercisable by the Company against the tenderer and to forbear to enforce any of

the terms and conditions relating to the tender and we shall not be relieved from our liability by reason of any such

variation or extension being granted to the tenderer or for any forbearance act or omission on the part of the

Company or any indulgence by the Company to the tenderer or by any such matter or things whatsoever which under

the law relating to sureties would have the effect of relieving us

5 We Bank further undertake not to revoke this guarantee during its currency except with

the previous consent of the Company in writing

6 We Bank also agree that the Bankrsquos liability under this guarantee shall not be affected

by any change in the constitution of the tenderer or dissolution or winding up of the business of the tenderer

7 Notwithstanding anything contained herein above

i) Our liability under this guarantee shall not exceed Rs

ii) This Bank Guarantee shall be valid upto and including and

iii) We are liable to pay the guarantee amount or any part thereof under this Bank Guarantee only and only if you

serve upon us a written claim or demand on or before helliphelliphellip (validity + --- weeks from the date of expiry of this

guarantee)

8 This Guarantee shall be governed by Indian laws and the Courts at Mumbai India shall have the exclusive

jurisdiction

GM(M)MTI2000007617Passivation Station

Page 40 of 45

IN WITNESS WHEREOF the Bank has executed this document on this day

of

For Bank

(by its constituted attorney

or the person authorized to sign)

(Signature of a person authorized

to sign on behalf of the Bank)

GM(M)MTI2000007617Passivation Station

Page 41 of 45

Enclosure-8

PROFORMA BANK GUARANTEE FOR SECURITY DEPOSIT (ILLUSTRATIVE FORMAT)

(On Non-Judicial stamp paper of value Rs 500)

IN CONSIDERATION OF MAZAGON DOCK SHIPBUILDERS LIMTED a company incorporated under the

Companies Act 1956 and having its registered office at Dockyard Road Mumbai 400010 (hereinafter referred to as

the ldquothe Purchaserrdquo which expression shall unless it be repugnant or contrary to the subject or context thereof be

deemed to mean and include its successors and assigns) having placed an order on Messers

a partnership firmsole proprietor businessa company registered under the Companies Act 1956

having its office at (hereinafter called the Contractor Supplier which expression shall unless it

be repugnant or contrary to the subject or context thereof be deemed to mean and include its successors and assigns)

vide order No dated (hereinafter called the order which expression shall include any

amendmentsalterations to the order issued by the Purchaser) for the supply delivery at site installation and

commissioning of certain equipment itemservicescivil works etc as stated in the said Order and the Purchaser

having agreed with the ContractorSupplier to accept a Bank Guarantee in lieu of Security Deposit payable under the

said order for the fulfilment and performance of the said order We Bank having

office at (hereinafter referred to as the Bank which expression shall includes its

successors and assigns) hereby agree to pay to the Purchaser without any demur on first demand an amount not

exceeding Rs (Rupeesonly) being 5 of the order value against any loss or damage costs

charges and expenses caused to or suffered by the Purchaser by reason of non performance and non-fulfilment or for

any breach on the part of the Contractor Supplier of any of the terms and conditions of the said order

2 We Bank further agree that the Purchaser shall be sole judge whether the said

contractorSupplier has failed to perform or fulfil the said order in terms thereof or committed breach of any terms

and conditions of the order and the extent of loss damage cost charges and expenses suffered or incurred or would

be suffered or incurred by the Purchaser on account thereof and we waive in the favour

of the Purchaser all the rights and defences to which we as guarantors may be entitled to

3 We Bank further agree that the amount demanded by the Purchaser as such shall be final and

binding on the Bank as to the Bank s liability to pay and the amount demanded and the Bank undertake to pay the

Purchaser the amount so demanded on first demand and without any demur notwithstanding any dispute raised by the

ContractorSupplier or any suit or other legal proceedings including arbitration pending before any court tribunal or

arbitrator relating thereto our liability under this guarantee being absolute and unconditional

4 We Bank further agree with the Purchaser that the Purchaser shall have the fullest liberty

without our consent and without affecting in any manner our obligations hereunder to vary any of the terms and

conditions of the said orderor to extend time of performance by the Supplier from time to time or to

postpone for any time to time any of the powers exercisable by the Purchaser against the Contractor Supplier and to

forbear to enforce any of the terms and conditions relating to the order and we shall not be relieved from our liability

by reason of any such variation or extension being granted to the Contractor Supplier or for any forbearance act or

omission on the part of the Purchaser or any indulgence by the

Purchaser to the ContractorSupplier or by any such matter or things whatsoever which under the law relating to

sureties would have the effect of relieving us

5 We Bank further undertake not to revoke this guarantee during its currency except with

the previous consent of the Purchaser in writing

6 We Bank also agree that the Bankrsquos liability under this guarantee shall not be affected

by any change in the constitution of the Contractor Supplier or dissolution or winding up of the business of the

contractor supplier

7 Notwithstanding anything contained herein above

i) Our liability under this guarantee shall not exceed Rs

ii) This Bank Guarantee shall be valid upto and including and

GM(M)MTI2000007617Passivation Station

Page 42 of 45

iii) We are liable to pay the guarantee amount or any part thereof under this Bank Guarantee only and only if you

serve upon us a written claim or demand on or before helliphelliphelliphellip(validity + ---weeks from the date of expiry of this

guarantee)

8 This Guarantee shall be governed by Indian laws and the Courts at Mumbai India

shall have the exclusive jurisdiction

IN WITNESS WHEREOF the Bank has executed this document on

this day of

For Bank

(by its constituted attorney)

(Signature of a person authorised

to sign on behalf of the Bank)

GM(M)MTI2000007617Passivation Station

Page 43 of 45

Enclosure-9

PROFORMA BANK GUARANTEE FOR PERFORMANCE (ILLUSTRATIVE FORMAT)

(On Non-Judicial stamp paper of value Rs 500-)

IN CONSIDERATION OF MAZAGON DOCK SHIPBUILDERS LIMTED a company incorporated under the

Companies Act 1956 and having its registered office at Dockyard Road Mumbai 400010 (hereinafter referred to as

the ldquothe Purchaserrdquo which expression shall unless it be repugnant or contrary to the subject or context thereof be

deemed to mean and include its successors and assigns) having placed an order on Messers a

partnership firmsole proprietor businessa company registered under the Companies Act 1956 having its Registered

office at (hereinafter called the Contractor Supplier which expression shall unless it be

repugnant or contrary to the subject or context thereof be deemed to mean and include its successors and assigns)

vide order No dated (hereinafter called the order which expression shall include any

amendmentsalterations to the order issued by the Purchaser) for the supply delivery at site installation and

commissioning of certain equipment itemservicescivil works etc as stated in the said Order and the Purchaser

having agreed that the Contractor Supplier shall furnish a security for the performance of the Contractorrsquos

Suppliers obligations andor discharge of the Contractorrsquos Suppliers liability in connection with the said order and

the Purchaser having agreed with the ContractorSupplier to accept a performance guarantee We

Bank having office at (hereinafter referred to as the

Bank which expression shall includes its successors and assigns) hereby agree to pay to the Purchaser without any

demur on first demand an amount not exceeding Rs (Rupeesonly) being 10 of the order

value against any loss or damage costs charges and expenses caused to or suffered by the Purchaser by reason of

non-performance and non-fulfilment or for any breach on the part of the Contractor Supplier of any of the terms and

conditions of the said order

2 We Bank further agree that the Purchaser shall be sole judge whether the said

ContractorSupplier has failed to perform or fulfil the said order in terms thereof or committed breach of any terms

and conditions of the order and the extent of loss damage cost charges and expenses suffered or incurred or would

be suffered or incurred by the Purchaser on account thereof and we waive in the favour of

the Purchaser all the rights and defences to which we as guarantors may be entitled to

3 We Bank further agree that the amount demanded by the Purchaser as such shall be final and

binding on the Bank as to the Bank s liability to pay and the amount demanded and the Bank undertake to pay the

Purchaser the amount so demanded on first demand and without any demur otwithstanding any dispute raised by the

ContractorSupplier or any suit or other legal proceedings including arbitration pending before any court tribunal or

arbitrator relating thereto our liability under this guarantee being absolute and unconditional

4 We Bank further agree with the Purchaser that the Purchaser shall have the fullest liberty

without our consent and without affecting in any manner our obligations hereunder to vary any of the terms and

conditions of the said orderor to extend time of performance by the Supplier from time to time or to postpone for

any time to time any of the powers exercisable by the Purchaser against the Contractor

Supplier and to forbear to enforce any of the terms and conditions relating to the order and we shall not be relieved

from our liability by reason of any such variation or extension being granted to the Contractor Supplier or for any

forbearance act or omission on the part of the Purchaser or any indulgence by the Purchaser to the

ContractorSupplier or by any such matter or things whatsoever which under the law

relating to sureties would have the effect of relieving us

5 We Bank further undertake not to revoke this guarantee during its currency except with

the previous consent of the Purchaser in writing

6 We Bank also agree that the Bankrsquos liability under this guarantee shall not be affected

by any change in the constitution of the Contractor Supplier or

dissolutionhelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

7 Notwithstanding anything contained herein above

i) Our liability under this guarantee shall not exceed Rs

ii) This Bank Guarantee shall be valid upto and including and

GM(M)MTI2000007617Passivation Station

Page 44 of 45

iii) We are liable to pay the guarantee amount or any part thereof under this Bank Guarantee only and only if you

serve upon us a written claim or demand on or before helliphelliphellip (validity + ---weeks from the date of expiry of this

guarantee)

8 This Guarantee shall be governed by Indian laws and the Courts at Mumbai India shall have the exclusive

jurisdiction

IN WITNESS WHEREOF the Bank has executed this document on

this day of

For Bank

(by its constituted attorney)

(Signature of a person authorised

to sign on behalf of the Bank)

GM(M)MTI2000007617Passivation Station

Page 45 of 45

Enclosure-10

Electronic Payment Mandate Form

(MDL Bank details)

Name of the CompanyFirm Mazagon Dock Shipbuilders Limited

Address with Phone no Dockyard Road Mumbai ndash 400010

E-Mail ID

Phone No +91 22 23745310

Fax No

Particulars of Bank Account

Name of the Bank State Bank of India

Name of the Branch Mazagon Dock Mumbai Branch

Branch Code 9054

Bank IFSC NEFT Code SBIN0009054

Bank Address MBPT Workshop building NV Nakhwa Road Mazagon - 400010

City Name Mumbai

Telephone No of Bank +91 22 23752802

9 digit code no of bank amp branch

appearing on the MICR cheque

issued by your bank

400002120

Type of Account Current Account

Account No 10005255246

Income Tax PAN No AAACM8029J

Page 33: Final Tender - Mazagon Dock Shipbuilders...DIVISION-SHIP BUILDING DEPARTMENT-MATERIAL PROCUREMENT Tender no.: GM(M)/MTI/2000007617 for the Engineering, Manufacturing, Supply/Installation,

GM(M)MTI2000007617Passivation Station

Page 33 of 45

Enclosure-4

GENERAL TERMS amp CONDITIONS (GTampC)

A10 Blank

A20 SECURITY DEPOSIT A21 The successful bidder shall submit a Security Deposit 5 of the contract order value (excluding

taxes duties freight service component) of the Order in the form of Demand Draft Bank Guarantee in the

prescribed format in favour of Purchaser within 25 days from date of Contract The Security Deposit will be

returned only after the successful execution of the order contract Refund of Security Deposit whenever

considered admissible by the Purchaser shall be without interest only

A30 FORFEITURE OF EMD BID BOND A31 In cases of withdrawal of bid during validity period or during any extension granted thereof non

acceptance of agreed conditions of Technical and or Commercial and or Price Negotiations non-submission

of the security deposit and or non-acceptance of the order the EMD or bid security will be forfeited or

encashed as the case may be

A40 FORFEITURE OF SECURITY DEPOSIT A41 Non-performance of agreed terms and or defaultbreach by BidderVendorContractor will result in

forfeiture of security deposit with application of risk purchase provisions as felt appropriate by the Purchaser

A50 FORFEITURE OF PERFORMANCE GUARANTEE A51 In the event of BidderVendorContractor failure to attend the Guarantee defects within a reasonable

period of time the Performance Bank Guarantee will be encashed by the Purchaser The Purchaserrsquos decision

shall be final and binding on BidderVendorContractor

A60 SUPPLIES A61 The equipment products items Services to be supplied shall be strictly in accordance with the

Drawings Specifications Requirements indicated in the Tender Enquiry Order with deviations if any as

mutually accepted

A70 PROGRESS REPORTING amp MONITORING A71 Where so stipulated in the order the Bidder Supplier Contractor shall render such reports from time

to time as regards the progress of the contract and in such a form as may be called for by the Purchaser

A80 CANCELLATION OF ORDER A81The Purchaser reserves the right to cancel an order forthwith without any financial implications on either

side if on completion of 50 of the scheduled deliveryCompletion period the progress of

manufactureSupply is not to the satisfaction of Purchaser and failure on the part of the

BidderVendorContractor to comply with the delivery schedule is inevitable In such an event the

BidderVendorContractor shall repay all the advances together with interest at prevailing bank rates from the

date of receipt of such advances till date of repayment The title of any property delivered to Purchaser will

be reverted to the BidderVendorContractor at his cost

A82 In case of breach non-compliance of any of the agreed terms amp conditions of order contract MDL

reserves the right to recover consequential damages from the vendor contractor on account of such

premature termination of contract

A83 In case of delay beyond agreed period for liquidated damages or 10weeks from contractual delivery

period whichever is earlier MDL reserves the right to cancel the order and procure the order items services

from any available source at MDLrsquos option amp discretion and entirely at your risk and cost Extra expenditure

incurred by MDL in doing will be recoverable from Bidder Supplier Contractor

A90 PRESERVATION AND MAINTENANCE

A91 Should any material require any preservation till its final installationfitment the detailed procedure

(Long term amp short term) for the same as also the time of interval after which the state of preservation needs

to be reviewed is to be stated by the BidderVendorContractor

A92 Further the de-preservation prior to the materialequipment being commissioned and the maintenance

procedure together with its periodicity is also to be indicated by the Bidder Vendor Contractor

A93 The Bidder Vendor Contractor in their offer must confirm that indigenous oil lubricants and

preservatives etc can be used in the equipment The bidder must also give assurance that the equipment

performance will not be downgraded by use of indigenous equivalents

A100 FREIGHT amp INSURANCE

A101 For Indigenous Bidders In cases where the offers are for Door Delivery to Purchaser transit freight

amp Insurance charges shall be borne by the Bidder Supplier Contractor In other agreed cases of Ex-works

Ex-Transporters warehouse or Railway godown offers the Bidder Supplier Contractor on dispatch shall

give details of materials with dispatch particulars and their value in time to Purchasers Insurance Company

GM(M)MTI2000007617Passivation Station

Page 34 of 45

on the contact details as provided in the order In such agreed cases the freight amp insurance charges will be

paid by the purchaser directly to the parties concerned

A102 For Foreign Bidders For overseas supplies on CIF port of dispatch basis Transit Insurance shall be

arranged by the Purchaser The Bidder Supplier Contractor shall immediately on despatch of the

items inform all relevant details of despatch such as Order number Bill of LadingAWB number

marked as Freight Paid Insurance policydocument number of packages value of consignment

invoice number in time directly to Purchasers Insurance company amp Purchaser on the contact details

as provided in the order In case of delivery term other than CIFCIP the freight amp insurance charges

will be paid by the purchaser directly to the parties concerned

A110 TAXES amp DUTIES STATUTORY LEVIES A111 Taxes and duties applicable if any shall be regularized by MDL by issuing necessary exemption

certificates in respect of procurement for Defence Projects Bidder shall indicate separately the GST and

duties applicable in their offer When the items qualify for exemption partlyfully but the supplier did not

avail of the same the amount of taxes and duties on such supplies shall be to supplierrsquos account In cases

where exemption certificates are not issued for any reason taxes shall be paid as indicated in the Purchase

OrderContract Tax deduction at source will be effected wherever applicable (eg TDS under Income tax

Act TDS on Works Contract under GST Act etc) from the bills of the Supplier as per statutes Similarly

where payment of Custom duty is agreed to and stipulated in the Purchase Order Contract the same will be

paid by the Purchaser on receipt of supplierrsquos bills along with Custom Certified Duty Paid Challan-Money

Receipt in original or carbon copy as relevant These Challans Receipts Bill of Entry are to be drawn issued

in the name of lsquoMAZAGON DOCK SHIPBUILDERS LIMITEDrsquo only Where payment of GST is agreed to

and stipulated in the Purchase Order Contract the same will be paid by the Purchaser on the basis of

Suppliers TAX INVOICE wherein the GST Number along with HSN SAC code is indicated in the Invoice

A120 DEMURRAGE A121 Storage and Demurrage charges will be payable by the Bidder Vendor Contractor for all shipments

that reach purchaser without proper dispatch documentations Lorry Receipts not accompanied by packing

lists invoices etc The Supplier shall be responsible for fines due to errors or omissions in description weight

or measurements and for increased handling charges due to improper packing

A130 INSPECTION TESTING A131The ordered items will be inspected either by Classification Society Nominated Agency and or by

Inspection Officer nominated by Purchaser at stages defined in the tender Purchase Order or as agreed to be

defined subsequently in terms of the Purchase Order

A132 The decision of the Inspecting Authority or their representatives as the case may be on any question

of the intent meaning and the scope of Specifications Standards shall be final conclusive and binding on

the Bidder Vendor Contractor

A133 The Bidder Vendor Contractor shall accord all facilities to Purchasers Inspectors Nominated

Agency to carry out Inspection Testing during course of manufacture final testing

A140 RECEIPT INSPECTION BY MDL A141 MDL shall carry out necessary inspection of the items on receipt on the basis of an appropriate quality

assurance system and inspection system requirements along with representative of the Owner Any objection

raised by MDL Quality Control Team against quality of materials or workmanship shall be satisfactorily

corrected by the Contractor at his expense including replacement as may be required within shortest possible

time within 30 days Items damaged during transit shall also be rectified replaced by the Contractor within

shortest possible time payment for which shall be made at mutually agreed rates

A150 REJECTION OF MATERIALS A151 Should the articles or any portion thereof of the equipment be found defective rejected the Bidder

Vendor Contractor shall collect the same from the Purchasers Stores all incidental charges being borne by

him (inclusive of Custom duty if payable) within 30 days from the date of intimation to the Bidder Vendor

Contractor of such rejection The Purchaser reserves the right to dispose off the rejected items at the end of

a total period of 90 days in any manner to the best advantage to the Purchaser and recover storage charges

and any consequential damages from sale proceeds of such disposal

A160 TECHNOLOGICAL DEVELOPMENTS MODIFICATIONS

A161 The Bidder Supplier Contractor shall unconditionally and free of cost to the Purchaser transfer

information on technological developments innovations modifications which the BidderSupplier

Contractor would evolve in future (within 3 years) in relation to the supplied equipment To enable this the

Purchasers address shall be added to the Bidder Supplier Contractorrsquos mailing list or database or any other

document maintained for dissemination of product information and the Purchaser shall be informed of the

GM(M)MTI2000007617Passivation Station

Page 35 of 45

action taken in this regard If such improvements modifications are brought in by the Bidder Supplier

Contractorrsquos Design Department in the course of manufacture of equipment ordered by the Purchaser the

Bidder Supplier Contractor shall incorporate such improved versions in the equipment without any extra

cost to the Purchaser under Purchaserrsquos prior consent

A162 If the Purchaser be desirous of getting incorporated all post supply modifications improvements

arising out of technological developments to the original equipment supplied by the Bidder Supplier

Contractor the Bidder Supplier Contractor shall quote for and carry out all such modifications to the

equipment

A163 Where the whole or a portion of the equipment has been specifically developed by the Bidder

Supplier Contractor for the Owner and the latter would through the Purchaser be bearing the entire or part

of the development cost incurred by the Bidder Supplier Contractor the design rights for the whole or

portion thereof of the equipment as appropriate shall vest in the Owners

A164 Prior approval of the Owner should be obtained before similar articles are sold supplied to any other

party other than the Owner If such approval is given and sale is effected the Bidder Supplier Contractor

shall pay to the Owner royalty at the rate mutually agreed to

A165 The Sub-contractor Supplier Supplier shall continue to support the equipment for a minimum period

of 20 years from the date of supply by making available spare parts and assemblies of the equipment

supplied Should the Sub-contractor Supplier Supplier decides to discontinue the product for any reason

whatsoever adequate notice shall be given to the Purchaser Owner to enable procurement of the requisite

lifetime spares

A170 PURCHASERrsquoS RIGHT TO ACCEPT ANY BID PART OF BID AND TO REJECT ANY OR

ALL BIDS A171 The Purchaser reserves the right to accept and or reject any or all tenders and or to withdraw the tender

in Toto and or award the contract order in full or part to more than one vendor contractor without

assigning any reason whatsoever and without thereby incurring any liability to the affected Bidder or Bidders

or any obligations to inform the affected Bidder or Bidders of the grounds for MDL action

A180 BANK GUARANTEE INSURANCE COVER FOR FREE ISSUE MATERIAL A181 The Bidder Supplier Contractor shall furnish Bank Guarantee insurance Cover equivalent to the

value of materials supplied by MDL free of cost valid up to the execution of the contract delivery of

material inspected accepted and receipt at MDL together with the material reconciliation statement

whichever is later

A190 BIDDERrsquoS RESPONSE IN CASE OF NO PARTICIPATION A191 The Sub-contractor Supplier Vendor shall inform the Purchaser in advance in case he is unable to

participate in the tender for whatsoever reason Failure to comply with this will be viewed seriously and

consecutive three failures on the part of Sub-contractor Supplier Vendor to do so is liable for

disqualification debarring of the Sub-contractor Supplier Vendor from all future tender enquiries and or

delisting from the list of Approved Registered Vendors

A230 PREFERENCETIAL PURCHASE FROM MSE VENDORS ndash Not Applicable MDL has right to place order on MSE firm meeting following criteria

In tenders if participating MSEs quoted prices are within price band of L1+15 such MSEs shall also be

allowed to supply a portion up to 20 of requirement by bringing down their prices to L1 price where L1 is

non MSEs If more than 1 MSEs fall under such criteria then this 20 shall be distributed proportionally

This preference shall not be applicable where MSE firm is L1 firm out of 20 percent target of annual

procurement from Micro and Small Enterprises a sub-target of 20 percent (ie 4 percent out of 20 percent)

shall be earmarked for procurement from Micro and Small Enterprises owned by the Scheduled Caste or the

Scheduled Tribe Entrepreneurs In respect of items reserved for MSE extant guidelines shall be followed

Presently Circular No SO 581(E) dated 23032012 is applicable

GM(M)MTI2000007617Passivation Station

Page 36 of 45

Annexure-5

LOADING FACTORS A

Sr

No

Description Foreign Supplier

100 import content

Indigenous

Supplier with part

Import content

Indigenous

Supplier without

Import content

1 Basic Price Quoted

CIF

a a Ex Works

b b Delivered to

MDL Stores

a Ex Works

b Delivered to

MDL Stores

2 Add Insurance Charges Nil In case of 1 (a) In case of 1 (a)

3 Add Sea Air Freight charges

Inland Road Transport Nil In case of 1 (a) In case of 1 (a)

4

Customs Clearance Port

Handling Transportation to

Yard

Applicable NIL NIL

5

Cost (ex-MDL) excluding taxes

amp duties without loading

towards any deviations

CIF price +

SrNo4 Sr Nos (1+2+3) Sr Nos (1+2+3)

B LOADINGS DUE TO VARIATIONS IN FINANCIAL TERM

6 Variation in payment Terms

Varied payment terms quoted by bidders as compared to the terms stated

in the tender document shall be normalized on the amount(s) at variation

and or for the period (in no of days) at variation by adopting the Prime

Lending Rate of State Bank India plus 2 thereon incase of indigenous

bidders and LIBOR EURIBOR rates in case of foreign bidders

7

Income tax amp Service Tax on

Technical Services Service

Engineers liability to MDL

Normalization shall be done in respect of the amount of tax that have to

be borne by the Company

8 Production norms such as

scrap output ndash input ratio

9 Base date for price variation

clause

1

0

Cost (ex-MDL) excluding taxes

amp duties after loading for

variations in financial term

(SR Nos 5 + 6 + 7 + 8 + 9)

C LOADING ON ACCOUNT OF DEVIATIONS IN FOLLOWING COMMERCIAL TERMS

11

Security Deposit Contract

Performance Guarantee Mandatory

12

Equipment Performance

Guarantee Mandatory

13

Additional delivery period

sought over stipulated period as

per Tender

For the additional period sought by the bidder over the stipulated date of

delivery as per tender 050 per week for delayed period will be loaded

to the quoted price if the period under variation does not lead to bid

rejection criteria 14 Additional time sought for

supplying binding data

15 Liquidated damages per week

rate Maximum Ceiling

If bidder seeks less than 5 (Max ceiling) then the difference will be

loaded

The rate of LD per week or part thereof is 05 If bidder seeks say 04

per week or part thereof then Max Ceiling of LD will be equated to

weeks (Say 10 weeks) then LD proposed by bidder works out to 10 X 04

= 4 then 1 will be loaded

16 Warranty Guarantee

Deviations in respect of the period of Warranty shall be loaded to the

quoted price 025 per month or part thereof This does not arise if

the bidder quotes additional price for the differential period

GM(M)MTI2000007617Passivation Station

Page 37 of 45

17

Cost (Ex-MDL) excluding taxes

amp duties after loading for

variations on account of

financial and commercial terms

Sr Nos 10 + 11 + 12 + 13 + 14 + 15 + 16

D LANDED COST

18

Taxes amp Duties

19

Landed Cost Sr Nos 17 + 18

GM(M)MTI2000007617Passivation Station

Page 38 of 45

Annexure-6

LETTER OF CREDIT FORMAT FOR SHIPMENT BY SEA AIR

40A Form of Documentary Credit Type IRREVOCABLE

20 Transaction Reference Number Documentary

Credit Number

31C Date of Issue Date

31D Date and Place of Expiry Date

Place NEGOTIATING BANK

51A Applicant Bank BIC BANKERS OF MDLMUMBAI

50 Applicant Name amp Address MAZAGON DOCK SHIPBUILDERS LTD

DOCKYARD ROAD MAZAGON MUMBAI ndash

400 010

59 Beneficiary Name amp Address

32B Currency Code Amount

Currency

Amount

39A Percentage Credit Amount Tolerance

Tolerance 1

Tolerance 2

41D Available with hellipByhellip Name amp Address

42C Draft at hellip Narrative SIGHTNEGOTIATION

42D Drawee Name amp Address BANKERS OF MDLMUMBAI

43P Partial Shipments Narrative ALLOWEDNOT ALLOWED

43T Transhipment Narrative ALLOWEDNOT ALLOWED

44A Loading on Board Dispatch Narrative AIRPORT SEAPORT (AS PER TENDER

ENQUIRYORDER)

44B For Transportation to Narrative AIRPORT SEAPORT (AS PER TENDER

ENQUIRYORDER)

44C Latest Date of Shipment Date

46A Documents required Narrative (AS PER TENDER ENQUIRY)

47A Additional conditions Narrative 1 ALL DOCUMENTS SHOULD BE MARKED

WITH IEC CODE NO0388070412 LC NO

AND DATE AND IMPORT UNDER NON-

NEGATIVE LIST OF IMPORT EXPORT

POLICY AM

2 DISCREPANT DOCUMENTS TO BE SENT

STRICTLY ON COLLECTION BASIS

71B Details of charges Narrative ALL FOREIGN BANK CHARGES OUTSIDE

INDIA ARE FOR THE BENEFICIARYrsquoS

ACCOUNT

48 Period for presentation

Narrative

WITHIN ----- DAYS FROM THE DATE OF

BILL OF LADING AIRWAY BILL 49 Confirmation instructions

Instruction

WITHOUT

53D Reimbursing Bank

Name amp Address

BANKERS OF MDL WILL SPECIFY

78 Instructions to the Paying Accepting Bank

Narrative

BANKERS OF MDL WILL SPECIFY 72 Sender to Receiver Information

Narrative

BANKERS OF MDL WILL SPECIFY

GM(M)MTI2000007617Passivation Station

Page 39 of 45

Enclosure-7

PROFORMA BANK GUARANTEE FOR BID BOND EMD

(On Non-Judicial stamp paper of value Rs 500-)

IN CONSIDERATION OF MAZAGON DOCK SHIPBUILDERS LIMTED a company incorporated under the Companies Act 1956 and having its registered office at Dockyard Road Mumbai 400010 (hereinafter referred to as

the ldquothe Companyrdquo which expression shall unless it be repugnant or contrary to the subject or context thereof be

deemed to mean and include its successors and assigns) having agreed to accept the Earnest Money Deposit (EMD)

of Rs--------------------------- -------(Rupees-----------------------------only) in the form of Bank Guarantee from Messers

a partnership firmsole proprietor businessa company registered under the Companies Act 1956

having its office at (hereinafter called the tenderer which expression shall unless it be

repugnant or contrary to the subject or context thereof be deemed to mean and include its successors and assigns) for

participating in the Tender nodated (hereinafter called the tender which expression

shall include any amendmentsalterations to the tender issued by the Company) for the supply delivery at site

installation and commissioning of certain equipment itemservicescivil works etc We

Bank having office at (hereinafter referred to as ldquothe Bankrdquo which

expression shall includes its successors and assigns) hereby agree to pay to the Company without any demur on first

demand an amount not exceeding Rs (Rupeesonly) against any loss or damage costs charges and expenses caused to or suffered by the Company by reason of non performance and non-fulfilment or for

any breach on the part of the tenderer of any of the terms and conditions of the said tender

2 We Bank further agree that the Company shall be sole judge whether the said tenderer has

failed to perform or fulfil the said tender in terms thereof or committed breach of any terms and conditions of the

tender the extent of loss damage cost charges and expenses suffered or incurred or would be suffered or incurred by

the Company on account thereof and we waive in the favour of the Company all the rights and defences to which we

as guarantors may be entitled to

3 We Bank further agree that the amount demanded by the Company as such shall be final and

binding on the Bank as to the Bank s liability to pay and the amount demanded and the Bank undertake to pay the

Company the amount so demanded on first demand and without any demur notwithstanding any dispute raised by the

tenderer or any suit or other legal proceedings including arbitration pending before any court tribunal or arbitrator

relating thereto our liability under this guarantee being absolute and unconditional

4 We Bank further agree with the Company that the Company shall have the fullest liberty

without our consent and without affecting in any manner our obligations hereunder to vary any of the terms and

conditions of the said tenderor to extend time of performance by the tenderer from time to time or to postpone for

any time to time any of the powers exercisable by the Company against the tenderer and to forbear to enforce any of

the terms and conditions relating to the tender and we shall not be relieved from our liability by reason of any such

variation or extension being granted to the tenderer or for any forbearance act or omission on the part of the

Company or any indulgence by the Company to the tenderer or by any such matter or things whatsoever which under

the law relating to sureties would have the effect of relieving us

5 We Bank further undertake not to revoke this guarantee during its currency except with

the previous consent of the Company in writing

6 We Bank also agree that the Bankrsquos liability under this guarantee shall not be affected

by any change in the constitution of the tenderer or dissolution or winding up of the business of the tenderer

7 Notwithstanding anything contained herein above

i) Our liability under this guarantee shall not exceed Rs

ii) This Bank Guarantee shall be valid upto and including and

iii) We are liable to pay the guarantee amount or any part thereof under this Bank Guarantee only and only if you

serve upon us a written claim or demand on or before helliphelliphellip (validity + --- weeks from the date of expiry of this

guarantee)

8 This Guarantee shall be governed by Indian laws and the Courts at Mumbai India shall have the exclusive

jurisdiction

GM(M)MTI2000007617Passivation Station

Page 40 of 45

IN WITNESS WHEREOF the Bank has executed this document on this day

of

For Bank

(by its constituted attorney

or the person authorized to sign)

(Signature of a person authorized

to sign on behalf of the Bank)

GM(M)MTI2000007617Passivation Station

Page 41 of 45

Enclosure-8

PROFORMA BANK GUARANTEE FOR SECURITY DEPOSIT (ILLUSTRATIVE FORMAT)

(On Non-Judicial stamp paper of value Rs 500)

IN CONSIDERATION OF MAZAGON DOCK SHIPBUILDERS LIMTED a company incorporated under the

Companies Act 1956 and having its registered office at Dockyard Road Mumbai 400010 (hereinafter referred to as

the ldquothe Purchaserrdquo which expression shall unless it be repugnant or contrary to the subject or context thereof be

deemed to mean and include its successors and assigns) having placed an order on Messers

a partnership firmsole proprietor businessa company registered under the Companies Act 1956

having its office at (hereinafter called the Contractor Supplier which expression shall unless it

be repugnant or contrary to the subject or context thereof be deemed to mean and include its successors and assigns)

vide order No dated (hereinafter called the order which expression shall include any

amendmentsalterations to the order issued by the Purchaser) for the supply delivery at site installation and

commissioning of certain equipment itemservicescivil works etc as stated in the said Order and the Purchaser

having agreed with the ContractorSupplier to accept a Bank Guarantee in lieu of Security Deposit payable under the

said order for the fulfilment and performance of the said order We Bank having

office at (hereinafter referred to as the Bank which expression shall includes its

successors and assigns) hereby agree to pay to the Purchaser without any demur on first demand an amount not

exceeding Rs (Rupeesonly) being 5 of the order value against any loss or damage costs

charges and expenses caused to or suffered by the Purchaser by reason of non performance and non-fulfilment or for

any breach on the part of the Contractor Supplier of any of the terms and conditions of the said order

2 We Bank further agree that the Purchaser shall be sole judge whether the said

contractorSupplier has failed to perform or fulfil the said order in terms thereof or committed breach of any terms

and conditions of the order and the extent of loss damage cost charges and expenses suffered or incurred or would

be suffered or incurred by the Purchaser on account thereof and we waive in the favour

of the Purchaser all the rights and defences to which we as guarantors may be entitled to

3 We Bank further agree that the amount demanded by the Purchaser as such shall be final and

binding on the Bank as to the Bank s liability to pay and the amount demanded and the Bank undertake to pay the

Purchaser the amount so demanded on first demand and without any demur notwithstanding any dispute raised by the

ContractorSupplier or any suit or other legal proceedings including arbitration pending before any court tribunal or

arbitrator relating thereto our liability under this guarantee being absolute and unconditional

4 We Bank further agree with the Purchaser that the Purchaser shall have the fullest liberty

without our consent and without affecting in any manner our obligations hereunder to vary any of the terms and

conditions of the said orderor to extend time of performance by the Supplier from time to time or to

postpone for any time to time any of the powers exercisable by the Purchaser against the Contractor Supplier and to

forbear to enforce any of the terms and conditions relating to the order and we shall not be relieved from our liability

by reason of any such variation or extension being granted to the Contractor Supplier or for any forbearance act or

omission on the part of the Purchaser or any indulgence by the

Purchaser to the ContractorSupplier or by any such matter or things whatsoever which under the law relating to

sureties would have the effect of relieving us

5 We Bank further undertake not to revoke this guarantee during its currency except with

the previous consent of the Purchaser in writing

6 We Bank also agree that the Bankrsquos liability under this guarantee shall not be affected

by any change in the constitution of the Contractor Supplier or dissolution or winding up of the business of the

contractor supplier

7 Notwithstanding anything contained herein above

i) Our liability under this guarantee shall not exceed Rs

ii) This Bank Guarantee shall be valid upto and including and

GM(M)MTI2000007617Passivation Station

Page 42 of 45

iii) We are liable to pay the guarantee amount or any part thereof under this Bank Guarantee only and only if you

serve upon us a written claim or demand on or before helliphelliphelliphellip(validity + ---weeks from the date of expiry of this

guarantee)

8 This Guarantee shall be governed by Indian laws and the Courts at Mumbai India

shall have the exclusive jurisdiction

IN WITNESS WHEREOF the Bank has executed this document on

this day of

For Bank

(by its constituted attorney)

(Signature of a person authorised

to sign on behalf of the Bank)

GM(M)MTI2000007617Passivation Station

Page 43 of 45

Enclosure-9

PROFORMA BANK GUARANTEE FOR PERFORMANCE (ILLUSTRATIVE FORMAT)

(On Non-Judicial stamp paper of value Rs 500-)

IN CONSIDERATION OF MAZAGON DOCK SHIPBUILDERS LIMTED a company incorporated under the

Companies Act 1956 and having its registered office at Dockyard Road Mumbai 400010 (hereinafter referred to as

the ldquothe Purchaserrdquo which expression shall unless it be repugnant or contrary to the subject or context thereof be

deemed to mean and include its successors and assigns) having placed an order on Messers a

partnership firmsole proprietor businessa company registered under the Companies Act 1956 having its Registered

office at (hereinafter called the Contractor Supplier which expression shall unless it be

repugnant or contrary to the subject or context thereof be deemed to mean and include its successors and assigns)

vide order No dated (hereinafter called the order which expression shall include any

amendmentsalterations to the order issued by the Purchaser) for the supply delivery at site installation and

commissioning of certain equipment itemservicescivil works etc as stated in the said Order and the Purchaser

having agreed that the Contractor Supplier shall furnish a security for the performance of the Contractorrsquos

Suppliers obligations andor discharge of the Contractorrsquos Suppliers liability in connection with the said order and

the Purchaser having agreed with the ContractorSupplier to accept a performance guarantee We

Bank having office at (hereinafter referred to as the

Bank which expression shall includes its successors and assigns) hereby agree to pay to the Purchaser without any

demur on first demand an amount not exceeding Rs (Rupeesonly) being 10 of the order

value against any loss or damage costs charges and expenses caused to or suffered by the Purchaser by reason of

non-performance and non-fulfilment or for any breach on the part of the Contractor Supplier of any of the terms and

conditions of the said order

2 We Bank further agree that the Purchaser shall be sole judge whether the said

ContractorSupplier has failed to perform or fulfil the said order in terms thereof or committed breach of any terms

and conditions of the order and the extent of loss damage cost charges and expenses suffered or incurred or would

be suffered or incurred by the Purchaser on account thereof and we waive in the favour of

the Purchaser all the rights and defences to which we as guarantors may be entitled to

3 We Bank further agree that the amount demanded by the Purchaser as such shall be final and

binding on the Bank as to the Bank s liability to pay and the amount demanded and the Bank undertake to pay the

Purchaser the amount so demanded on first demand and without any demur otwithstanding any dispute raised by the

ContractorSupplier or any suit or other legal proceedings including arbitration pending before any court tribunal or

arbitrator relating thereto our liability under this guarantee being absolute and unconditional

4 We Bank further agree with the Purchaser that the Purchaser shall have the fullest liberty

without our consent and without affecting in any manner our obligations hereunder to vary any of the terms and

conditions of the said orderor to extend time of performance by the Supplier from time to time or to postpone for

any time to time any of the powers exercisable by the Purchaser against the Contractor

Supplier and to forbear to enforce any of the terms and conditions relating to the order and we shall not be relieved

from our liability by reason of any such variation or extension being granted to the Contractor Supplier or for any

forbearance act or omission on the part of the Purchaser or any indulgence by the Purchaser to the

ContractorSupplier or by any such matter or things whatsoever which under the law

relating to sureties would have the effect of relieving us

5 We Bank further undertake not to revoke this guarantee during its currency except with

the previous consent of the Purchaser in writing

6 We Bank also agree that the Bankrsquos liability under this guarantee shall not be affected

by any change in the constitution of the Contractor Supplier or

dissolutionhelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

7 Notwithstanding anything contained herein above

i) Our liability under this guarantee shall not exceed Rs

ii) This Bank Guarantee shall be valid upto and including and

GM(M)MTI2000007617Passivation Station

Page 44 of 45

iii) We are liable to pay the guarantee amount or any part thereof under this Bank Guarantee only and only if you

serve upon us a written claim or demand on or before helliphelliphellip (validity + ---weeks from the date of expiry of this

guarantee)

8 This Guarantee shall be governed by Indian laws and the Courts at Mumbai India shall have the exclusive

jurisdiction

IN WITNESS WHEREOF the Bank has executed this document on

this day of

For Bank

(by its constituted attorney)

(Signature of a person authorised

to sign on behalf of the Bank)

GM(M)MTI2000007617Passivation Station

Page 45 of 45

Enclosure-10

Electronic Payment Mandate Form

(MDL Bank details)

Name of the CompanyFirm Mazagon Dock Shipbuilders Limited

Address with Phone no Dockyard Road Mumbai ndash 400010

E-Mail ID

Phone No +91 22 23745310

Fax No

Particulars of Bank Account

Name of the Bank State Bank of India

Name of the Branch Mazagon Dock Mumbai Branch

Branch Code 9054

Bank IFSC NEFT Code SBIN0009054

Bank Address MBPT Workshop building NV Nakhwa Road Mazagon - 400010

City Name Mumbai

Telephone No of Bank +91 22 23752802

9 digit code no of bank amp branch

appearing on the MICR cheque

issued by your bank

400002120

Type of Account Current Account

Account No 10005255246

Income Tax PAN No AAACM8029J

Page 34: Final Tender - Mazagon Dock Shipbuilders...DIVISION-SHIP BUILDING DEPARTMENT-MATERIAL PROCUREMENT Tender no.: GM(M)/MTI/2000007617 for the Engineering, Manufacturing, Supply/Installation,

GM(M)MTI2000007617Passivation Station

Page 34 of 45

on the contact details as provided in the order In such agreed cases the freight amp insurance charges will be

paid by the purchaser directly to the parties concerned

A102 For Foreign Bidders For overseas supplies on CIF port of dispatch basis Transit Insurance shall be

arranged by the Purchaser The Bidder Supplier Contractor shall immediately on despatch of the

items inform all relevant details of despatch such as Order number Bill of LadingAWB number

marked as Freight Paid Insurance policydocument number of packages value of consignment

invoice number in time directly to Purchasers Insurance company amp Purchaser on the contact details

as provided in the order In case of delivery term other than CIFCIP the freight amp insurance charges

will be paid by the purchaser directly to the parties concerned

A110 TAXES amp DUTIES STATUTORY LEVIES A111 Taxes and duties applicable if any shall be regularized by MDL by issuing necessary exemption

certificates in respect of procurement for Defence Projects Bidder shall indicate separately the GST and

duties applicable in their offer When the items qualify for exemption partlyfully but the supplier did not

avail of the same the amount of taxes and duties on such supplies shall be to supplierrsquos account In cases

where exemption certificates are not issued for any reason taxes shall be paid as indicated in the Purchase

OrderContract Tax deduction at source will be effected wherever applicable (eg TDS under Income tax

Act TDS on Works Contract under GST Act etc) from the bills of the Supplier as per statutes Similarly

where payment of Custom duty is agreed to and stipulated in the Purchase Order Contract the same will be

paid by the Purchaser on receipt of supplierrsquos bills along with Custom Certified Duty Paid Challan-Money

Receipt in original or carbon copy as relevant These Challans Receipts Bill of Entry are to be drawn issued

in the name of lsquoMAZAGON DOCK SHIPBUILDERS LIMITEDrsquo only Where payment of GST is agreed to

and stipulated in the Purchase Order Contract the same will be paid by the Purchaser on the basis of

Suppliers TAX INVOICE wherein the GST Number along with HSN SAC code is indicated in the Invoice

A120 DEMURRAGE A121 Storage and Demurrage charges will be payable by the Bidder Vendor Contractor for all shipments

that reach purchaser without proper dispatch documentations Lorry Receipts not accompanied by packing

lists invoices etc The Supplier shall be responsible for fines due to errors or omissions in description weight

or measurements and for increased handling charges due to improper packing

A130 INSPECTION TESTING A131The ordered items will be inspected either by Classification Society Nominated Agency and or by

Inspection Officer nominated by Purchaser at stages defined in the tender Purchase Order or as agreed to be

defined subsequently in terms of the Purchase Order

A132 The decision of the Inspecting Authority or their representatives as the case may be on any question

of the intent meaning and the scope of Specifications Standards shall be final conclusive and binding on

the Bidder Vendor Contractor

A133 The Bidder Vendor Contractor shall accord all facilities to Purchasers Inspectors Nominated

Agency to carry out Inspection Testing during course of manufacture final testing

A140 RECEIPT INSPECTION BY MDL A141 MDL shall carry out necessary inspection of the items on receipt on the basis of an appropriate quality

assurance system and inspection system requirements along with representative of the Owner Any objection

raised by MDL Quality Control Team against quality of materials or workmanship shall be satisfactorily

corrected by the Contractor at his expense including replacement as may be required within shortest possible

time within 30 days Items damaged during transit shall also be rectified replaced by the Contractor within

shortest possible time payment for which shall be made at mutually agreed rates

A150 REJECTION OF MATERIALS A151 Should the articles or any portion thereof of the equipment be found defective rejected the Bidder

Vendor Contractor shall collect the same from the Purchasers Stores all incidental charges being borne by

him (inclusive of Custom duty if payable) within 30 days from the date of intimation to the Bidder Vendor

Contractor of such rejection The Purchaser reserves the right to dispose off the rejected items at the end of

a total period of 90 days in any manner to the best advantage to the Purchaser and recover storage charges

and any consequential damages from sale proceeds of such disposal

A160 TECHNOLOGICAL DEVELOPMENTS MODIFICATIONS

A161 The Bidder Supplier Contractor shall unconditionally and free of cost to the Purchaser transfer

information on technological developments innovations modifications which the BidderSupplier

Contractor would evolve in future (within 3 years) in relation to the supplied equipment To enable this the

Purchasers address shall be added to the Bidder Supplier Contractorrsquos mailing list or database or any other

document maintained for dissemination of product information and the Purchaser shall be informed of the

GM(M)MTI2000007617Passivation Station

Page 35 of 45

action taken in this regard If such improvements modifications are brought in by the Bidder Supplier

Contractorrsquos Design Department in the course of manufacture of equipment ordered by the Purchaser the

Bidder Supplier Contractor shall incorporate such improved versions in the equipment without any extra

cost to the Purchaser under Purchaserrsquos prior consent

A162 If the Purchaser be desirous of getting incorporated all post supply modifications improvements

arising out of technological developments to the original equipment supplied by the Bidder Supplier

Contractor the Bidder Supplier Contractor shall quote for and carry out all such modifications to the

equipment

A163 Where the whole or a portion of the equipment has been specifically developed by the Bidder

Supplier Contractor for the Owner and the latter would through the Purchaser be bearing the entire or part

of the development cost incurred by the Bidder Supplier Contractor the design rights for the whole or

portion thereof of the equipment as appropriate shall vest in the Owners

A164 Prior approval of the Owner should be obtained before similar articles are sold supplied to any other

party other than the Owner If such approval is given and sale is effected the Bidder Supplier Contractor

shall pay to the Owner royalty at the rate mutually agreed to

A165 The Sub-contractor Supplier Supplier shall continue to support the equipment for a minimum period

of 20 years from the date of supply by making available spare parts and assemblies of the equipment

supplied Should the Sub-contractor Supplier Supplier decides to discontinue the product for any reason

whatsoever adequate notice shall be given to the Purchaser Owner to enable procurement of the requisite

lifetime spares

A170 PURCHASERrsquoS RIGHT TO ACCEPT ANY BID PART OF BID AND TO REJECT ANY OR

ALL BIDS A171 The Purchaser reserves the right to accept and or reject any or all tenders and or to withdraw the tender

in Toto and or award the contract order in full or part to more than one vendor contractor without

assigning any reason whatsoever and without thereby incurring any liability to the affected Bidder or Bidders

or any obligations to inform the affected Bidder or Bidders of the grounds for MDL action

A180 BANK GUARANTEE INSURANCE COVER FOR FREE ISSUE MATERIAL A181 The Bidder Supplier Contractor shall furnish Bank Guarantee insurance Cover equivalent to the

value of materials supplied by MDL free of cost valid up to the execution of the contract delivery of

material inspected accepted and receipt at MDL together with the material reconciliation statement

whichever is later

A190 BIDDERrsquoS RESPONSE IN CASE OF NO PARTICIPATION A191 The Sub-contractor Supplier Vendor shall inform the Purchaser in advance in case he is unable to

participate in the tender for whatsoever reason Failure to comply with this will be viewed seriously and

consecutive three failures on the part of Sub-contractor Supplier Vendor to do so is liable for

disqualification debarring of the Sub-contractor Supplier Vendor from all future tender enquiries and or

delisting from the list of Approved Registered Vendors

A230 PREFERENCETIAL PURCHASE FROM MSE VENDORS ndash Not Applicable MDL has right to place order on MSE firm meeting following criteria

In tenders if participating MSEs quoted prices are within price band of L1+15 such MSEs shall also be

allowed to supply a portion up to 20 of requirement by bringing down their prices to L1 price where L1 is

non MSEs If more than 1 MSEs fall under such criteria then this 20 shall be distributed proportionally

This preference shall not be applicable where MSE firm is L1 firm out of 20 percent target of annual

procurement from Micro and Small Enterprises a sub-target of 20 percent (ie 4 percent out of 20 percent)

shall be earmarked for procurement from Micro and Small Enterprises owned by the Scheduled Caste or the

Scheduled Tribe Entrepreneurs In respect of items reserved for MSE extant guidelines shall be followed

Presently Circular No SO 581(E) dated 23032012 is applicable

GM(M)MTI2000007617Passivation Station

Page 36 of 45

Annexure-5

LOADING FACTORS A

Sr

No

Description Foreign Supplier

100 import content

Indigenous

Supplier with part

Import content

Indigenous

Supplier without

Import content

1 Basic Price Quoted

CIF

a a Ex Works

b b Delivered to

MDL Stores

a Ex Works

b Delivered to

MDL Stores

2 Add Insurance Charges Nil In case of 1 (a) In case of 1 (a)

3 Add Sea Air Freight charges

Inland Road Transport Nil In case of 1 (a) In case of 1 (a)

4

Customs Clearance Port

Handling Transportation to

Yard

Applicable NIL NIL

5

Cost (ex-MDL) excluding taxes

amp duties without loading

towards any deviations

CIF price +

SrNo4 Sr Nos (1+2+3) Sr Nos (1+2+3)

B LOADINGS DUE TO VARIATIONS IN FINANCIAL TERM

6 Variation in payment Terms

Varied payment terms quoted by bidders as compared to the terms stated

in the tender document shall be normalized on the amount(s) at variation

and or for the period (in no of days) at variation by adopting the Prime

Lending Rate of State Bank India plus 2 thereon incase of indigenous

bidders and LIBOR EURIBOR rates in case of foreign bidders

7

Income tax amp Service Tax on

Technical Services Service

Engineers liability to MDL

Normalization shall be done in respect of the amount of tax that have to

be borne by the Company

8 Production norms such as

scrap output ndash input ratio

9 Base date for price variation

clause

1

0

Cost (ex-MDL) excluding taxes

amp duties after loading for

variations in financial term

(SR Nos 5 + 6 + 7 + 8 + 9)

C LOADING ON ACCOUNT OF DEVIATIONS IN FOLLOWING COMMERCIAL TERMS

11

Security Deposit Contract

Performance Guarantee Mandatory

12

Equipment Performance

Guarantee Mandatory

13

Additional delivery period

sought over stipulated period as

per Tender

For the additional period sought by the bidder over the stipulated date of

delivery as per tender 050 per week for delayed period will be loaded

to the quoted price if the period under variation does not lead to bid

rejection criteria 14 Additional time sought for

supplying binding data

15 Liquidated damages per week

rate Maximum Ceiling

If bidder seeks less than 5 (Max ceiling) then the difference will be

loaded

The rate of LD per week or part thereof is 05 If bidder seeks say 04

per week or part thereof then Max Ceiling of LD will be equated to

weeks (Say 10 weeks) then LD proposed by bidder works out to 10 X 04

= 4 then 1 will be loaded

16 Warranty Guarantee

Deviations in respect of the period of Warranty shall be loaded to the

quoted price 025 per month or part thereof This does not arise if

the bidder quotes additional price for the differential period

GM(M)MTI2000007617Passivation Station

Page 37 of 45

17

Cost (Ex-MDL) excluding taxes

amp duties after loading for

variations on account of

financial and commercial terms

Sr Nos 10 + 11 + 12 + 13 + 14 + 15 + 16

D LANDED COST

18

Taxes amp Duties

19

Landed Cost Sr Nos 17 + 18

GM(M)MTI2000007617Passivation Station

Page 38 of 45

Annexure-6

LETTER OF CREDIT FORMAT FOR SHIPMENT BY SEA AIR

40A Form of Documentary Credit Type IRREVOCABLE

20 Transaction Reference Number Documentary

Credit Number

31C Date of Issue Date

31D Date and Place of Expiry Date

Place NEGOTIATING BANK

51A Applicant Bank BIC BANKERS OF MDLMUMBAI

50 Applicant Name amp Address MAZAGON DOCK SHIPBUILDERS LTD

DOCKYARD ROAD MAZAGON MUMBAI ndash

400 010

59 Beneficiary Name amp Address

32B Currency Code Amount

Currency

Amount

39A Percentage Credit Amount Tolerance

Tolerance 1

Tolerance 2

41D Available with hellipByhellip Name amp Address

42C Draft at hellip Narrative SIGHTNEGOTIATION

42D Drawee Name amp Address BANKERS OF MDLMUMBAI

43P Partial Shipments Narrative ALLOWEDNOT ALLOWED

43T Transhipment Narrative ALLOWEDNOT ALLOWED

44A Loading on Board Dispatch Narrative AIRPORT SEAPORT (AS PER TENDER

ENQUIRYORDER)

44B For Transportation to Narrative AIRPORT SEAPORT (AS PER TENDER

ENQUIRYORDER)

44C Latest Date of Shipment Date

46A Documents required Narrative (AS PER TENDER ENQUIRY)

47A Additional conditions Narrative 1 ALL DOCUMENTS SHOULD BE MARKED

WITH IEC CODE NO0388070412 LC NO

AND DATE AND IMPORT UNDER NON-

NEGATIVE LIST OF IMPORT EXPORT

POLICY AM

2 DISCREPANT DOCUMENTS TO BE SENT

STRICTLY ON COLLECTION BASIS

71B Details of charges Narrative ALL FOREIGN BANK CHARGES OUTSIDE

INDIA ARE FOR THE BENEFICIARYrsquoS

ACCOUNT

48 Period for presentation

Narrative

WITHIN ----- DAYS FROM THE DATE OF

BILL OF LADING AIRWAY BILL 49 Confirmation instructions

Instruction

WITHOUT

53D Reimbursing Bank

Name amp Address

BANKERS OF MDL WILL SPECIFY

78 Instructions to the Paying Accepting Bank

Narrative

BANKERS OF MDL WILL SPECIFY 72 Sender to Receiver Information

Narrative

BANKERS OF MDL WILL SPECIFY

GM(M)MTI2000007617Passivation Station

Page 39 of 45

Enclosure-7

PROFORMA BANK GUARANTEE FOR BID BOND EMD

(On Non-Judicial stamp paper of value Rs 500-)

IN CONSIDERATION OF MAZAGON DOCK SHIPBUILDERS LIMTED a company incorporated under the Companies Act 1956 and having its registered office at Dockyard Road Mumbai 400010 (hereinafter referred to as

the ldquothe Companyrdquo which expression shall unless it be repugnant or contrary to the subject or context thereof be

deemed to mean and include its successors and assigns) having agreed to accept the Earnest Money Deposit (EMD)

of Rs--------------------------- -------(Rupees-----------------------------only) in the form of Bank Guarantee from Messers

a partnership firmsole proprietor businessa company registered under the Companies Act 1956

having its office at (hereinafter called the tenderer which expression shall unless it be

repugnant or contrary to the subject or context thereof be deemed to mean and include its successors and assigns) for

participating in the Tender nodated (hereinafter called the tender which expression

shall include any amendmentsalterations to the tender issued by the Company) for the supply delivery at site

installation and commissioning of certain equipment itemservicescivil works etc We

Bank having office at (hereinafter referred to as ldquothe Bankrdquo which

expression shall includes its successors and assigns) hereby agree to pay to the Company without any demur on first

demand an amount not exceeding Rs (Rupeesonly) against any loss or damage costs charges and expenses caused to or suffered by the Company by reason of non performance and non-fulfilment or for

any breach on the part of the tenderer of any of the terms and conditions of the said tender

2 We Bank further agree that the Company shall be sole judge whether the said tenderer has

failed to perform or fulfil the said tender in terms thereof or committed breach of any terms and conditions of the

tender the extent of loss damage cost charges and expenses suffered or incurred or would be suffered or incurred by

the Company on account thereof and we waive in the favour of the Company all the rights and defences to which we

as guarantors may be entitled to

3 We Bank further agree that the amount demanded by the Company as such shall be final and

binding on the Bank as to the Bank s liability to pay and the amount demanded and the Bank undertake to pay the

Company the amount so demanded on first demand and without any demur notwithstanding any dispute raised by the

tenderer or any suit or other legal proceedings including arbitration pending before any court tribunal or arbitrator

relating thereto our liability under this guarantee being absolute and unconditional

4 We Bank further agree with the Company that the Company shall have the fullest liberty

without our consent and without affecting in any manner our obligations hereunder to vary any of the terms and

conditions of the said tenderor to extend time of performance by the tenderer from time to time or to postpone for

any time to time any of the powers exercisable by the Company against the tenderer and to forbear to enforce any of

the terms and conditions relating to the tender and we shall not be relieved from our liability by reason of any such

variation or extension being granted to the tenderer or for any forbearance act or omission on the part of the

Company or any indulgence by the Company to the tenderer or by any such matter or things whatsoever which under

the law relating to sureties would have the effect of relieving us

5 We Bank further undertake not to revoke this guarantee during its currency except with

the previous consent of the Company in writing

6 We Bank also agree that the Bankrsquos liability under this guarantee shall not be affected

by any change in the constitution of the tenderer or dissolution or winding up of the business of the tenderer

7 Notwithstanding anything contained herein above

i) Our liability under this guarantee shall not exceed Rs

ii) This Bank Guarantee shall be valid upto and including and

iii) We are liable to pay the guarantee amount or any part thereof under this Bank Guarantee only and only if you

serve upon us a written claim or demand on or before helliphelliphellip (validity + --- weeks from the date of expiry of this

guarantee)

8 This Guarantee shall be governed by Indian laws and the Courts at Mumbai India shall have the exclusive

jurisdiction

GM(M)MTI2000007617Passivation Station

Page 40 of 45

IN WITNESS WHEREOF the Bank has executed this document on this day

of

For Bank

(by its constituted attorney

or the person authorized to sign)

(Signature of a person authorized

to sign on behalf of the Bank)

GM(M)MTI2000007617Passivation Station

Page 41 of 45

Enclosure-8

PROFORMA BANK GUARANTEE FOR SECURITY DEPOSIT (ILLUSTRATIVE FORMAT)

(On Non-Judicial stamp paper of value Rs 500)

IN CONSIDERATION OF MAZAGON DOCK SHIPBUILDERS LIMTED a company incorporated under the

Companies Act 1956 and having its registered office at Dockyard Road Mumbai 400010 (hereinafter referred to as

the ldquothe Purchaserrdquo which expression shall unless it be repugnant or contrary to the subject or context thereof be

deemed to mean and include its successors and assigns) having placed an order on Messers

a partnership firmsole proprietor businessa company registered under the Companies Act 1956

having its office at (hereinafter called the Contractor Supplier which expression shall unless it

be repugnant or contrary to the subject or context thereof be deemed to mean and include its successors and assigns)

vide order No dated (hereinafter called the order which expression shall include any

amendmentsalterations to the order issued by the Purchaser) for the supply delivery at site installation and

commissioning of certain equipment itemservicescivil works etc as stated in the said Order and the Purchaser

having agreed with the ContractorSupplier to accept a Bank Guarantee in lieu of Security Deposit payable under the

said order for the fulfilment and performance of the said order We Bank having

office at (hereinafter referred to as the Bank which expression shall includes its

successors and assigns) hereby agree to pay to the Purchaser without any demur on first demand an amount not

exceeding Rs (Rupeesonly) being 5 of the order value against any loss or damage costs

charges and expenses caused to or suffered by the Purchaser by reason of non performance and non-fulfilment or for

any breach on the part of the Contractor Supplier of any of the terms and conditions of the said order

2 We Bank further agree that the Purchaser shall be sole judge whether the said

contractorSupplier has failed to perform or fulfil the said order in terms thereof or committed breach of any terms

and conditions of the order and the extent of loss damage cost charges and expenses suffered or incurred or would

be suffered or incurred by the Purchaser on account thereof and we waive in the favour

of the Purchaser all the rights and defences to which we as guarantors may be entitled to

3 We Bank further agree that the amount demanded by the Purchaser as such shall be final and

binding on the Bank as to the Bank s liability to pay and the amount demanded and the Bank undertake to pay the

Purchaser the amount so demanded on first demand and without any demur notwithstanding any dispute raised by the

ContractorSupplier or any suit or other legal proceedings including arbitration pending before any court tribunal or

arbitrator relating thereto our liability under this guarantee being absolute and unconditional

4 We Bank further agree with the Purchaser that the Purchaser shall have the fullest liberty

without our consent and without affecting in any manner our obligations hereunder to vary any of the terms and

conditions of the said orderor to extend time of performance by the Supplier from time to time or to

postpone for any time to time any of the powers exercisable by the Purchaser against the Contractor Supplier and to

forbear to enforce any of the terms and conditions relating to the order and we shall not be relieved from our liability

by reason of any such variation or extension being granted to the Contractor Supplier or for any forbearance act or

omission on the part of the Purchaser or any indulgence by the

Purchaser to the ContractorSupplier or by any such matter or things whatsoever which under the law relating to

sureties would have the effect of relieving us

5 We Bank further undertake not to revoke this guarantee during its currency except with

the previous consent of the Purchaser in writing

6 We Bank also agree that the Bankrsquos liability under this guarantee shall not be affected

by any change in the constitution of the Contractor Supplier or dissolution or winding up of the business of the

contractor supplier

7 Notwithstanding anything contained herein above

i) Our liability under this guarantee shall not exceed Rs

ii) This Bank Guarantee shall be valid upto and including and

GM(M)MTI2000007617Passivation Station

Page 42 of 45

iii) We are liable to pay the guarantee amount or any part thereof under this Bank Guarantee only and only if you

serve upon us a written claim or demand on or before helliphelliphelliphellip(validity + ---weeks from the date of expiry of this

guarantee)

8 This Guarantee shall be governed by Indian laws and the Courts at Mumbai India

shall have the exclusive jurisdiction

IN WITNESS WHEREOF the Bank has executed this document on

this day of

For Bank

(by its constituted attorney)

(Signature of a person authorised

to sign on behalf of the Bank)

GM(M)MTI2000007617Passivation Station

Page 43 of 45

Enclosure-9

PROFORMA BANK GUARANTEE FOR PERFORMANCE (ILLUSTRATIVE FORMAT)

(On Non-Judicial stamp paper of value Rs 500-)

IN CONSIDERATION OF MAZAGON DOCK SHIPBUILDERS LIMTED a company incorporated under the

Companies Act 1956 and having its registered office at Dockyard Road Mumbai 400010 (hereinafter referred to as

the ldquothe Purchaserrdquo which expression shall unless it be repugnant or contrary to the subject or context thereof be

deemed to mean and include its successors and assigns) having placed an order on Messers a

partnership firmsole proprietor businessa company registered under the Companies Act 1956 having its Registered

office at (hereinafter called the Contractor Supplier which expression shall unless it be

repugnant or contrary to the subject or context thereof be deemed to mean and include its successors and assigns)

vide order No dated (hereinafter called the order which expression shall include any

amendmentsalterations to the order issued by the Purchaser) for the supply delivery at site installation and

commissioning of certain equipment itemservicescivil works etc as stated in the said Order and the Purchaser

having agreed that the Contractor Supplier shall furnish a security for the performance of the Contractorrsquos

Suppliers obligations andor discharge of the Contractorrsquos Suppliers liability in connection with the said order and

the Purchaser having agreed with the ContractorSupplier to accept a performance guarantee We

Bank having office at (hereinafter referred to as the

Bank which expression shall includes its successors and assigns) hereby agree to pay to the Purchaser without any

demur on first demand an amount not exceeding Rs (Rupeesonly) being 10 of the order

value against any loss or damage costs charges and expenses caused to or suffered by the Purchaser by reason of

non-performance and non-fulfilment or for any breach on the part of the Contractor Supplier of any of the terms and

conditions of the said order

2 We Bank further agree that the Purchaser shall be sole judge whether the said

ContractorSupplier has failed to perform or fulfil the said order in terms thereof or committed breach of any terms

and conditions of the order and the extent of loss damage cost charges and expenses suffered or incurred or would

be suffered or incurred by the Purchaser on account thereof and we waive in the favour of

the Purchaser all the rights and defences to which we as guarantors may be entitled to

3 We Bank further agree that the amount demanded by the Purchaser as such shall be final and

binding on the Bank as to the Bank s liability to pay and the amount demanded and the Bank undertake to pay the

Purchaser the amount so demanded on first demand and without any demur otwithstanding any dispute raised by the

ContractorSupplier or any suit or other legal proceedings including arbitration pending before any court tribunal or

arbitrator relating thereto our liability under this guarantee being absolute and unconditional

4 We Bank further agree with the Purchaser that the Purchaser shall have the fullest liberty

without our consent and without affecting in any manner our obligations hereunder to vary any of the terms and

conditions of the said orderor to extend time of performance by the Supplier from time to time or to postpone for

any time to time any of the powers exercisable by the Purchaser against the Contractor

Supplier and to forbear to enforce any of the terms and conditions relating to the order and we shall not be relieved

from our liability by reason of any such variation or extension being granted to the Contractor Supplier or for any

forbearance act or omission on the part of the Purchaser or any indulgence by the Purchaser to the

ContractorSupplier or by any such matter or things whatsoever which under the law

relating to sureties would have the effect of relieving us

5 We Bank further undertake not to revoke this guarantee during its currency except with

the previous consent of the Purchaser in writing

6 We Bank also agree that the Bankrsquos liability under this guarantee shall not be affected

by any change in the constitution of the Contractor Supplier or

dissolutionhelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

7 Notwithstanding anything contained herein above

i) Our liability under this guarantee shall not exceed Rs

ii) This Bank Guarantee shall be valid upto and including and

GM(M)MTI2000007617Passivation Station

Page 44 of 45

iii) We are liable to pay the guarantee amount or any part thereof under this Bank Guarantee only and only if you

serve upon us a written claim or demand on or before helliphelliphellip (validity + ---weeks from the date of expiry of this

guarantee)

8 This Guarantee shall be governed by Indian laws and the Courts at Mumbai India shall have the exclusive

jurisdiction

IN WITNESS WHEREOF the Bank has executed this document on

this day of

For Bank

(by its constituted attorney)

(Signature of a person authorised

to sign on behalf of the Bank)

GM(M)MTI2000007617Passivation Station

Page 45 of 45

Enclosure-10

Electronic Payment Mandate Form

(MDL Bank details)

Name of the CompanyFirm Mazagon Dock Shipbuilders Limited

Address with Phone no Dockyard Road Mumbai ndash 400010

E-Mail ID

Phone No +91 22 23745310

Fax No

Particulars of Bank Account

Name of the Bank State Bank of India

Name of the Branch Mazagon Dock Mumbai Branch

Branch Code 9054

Bank IFSC NEFT Code SBIN0009054

Bank Address MBPT Workshop building NV Nakhwa Road Mazagon - 400010

City Name Mumbai

Telephone No of Bank +91 22 23752802

9 digit code no of bank amp branch

appearing on the MICR cheque

issued by your bank

400002120

Type of Account Current Account

Account No 10005255246

Income Tax PAN No AAACM8029J

Page 35: Final Tender - Mazagon Dock Shipbuilders...DIVISION-SHIP BUILDING DEPARTMENT-MATERIAL PROCUREMENT Tender no.: GM(M)/MTI/2000007617 for the Engineering, Manufacturing, Supply/Installation,

GM(M)MTI2000007617Passivation Station

Page 35 of 45

action taken in this regard If such improvements modifications are brought in by the Bidder Supplier

Contractorrsquos Design Department in the course of manufacture of equipment ordered by the Purchaser the

Bidder Supplier Contractor shall incorporate such improved versions in the equipment without any extra

cost to the Purchaser under Purchaserrsquos prior consent

A162 If the Purchaser be desirous of getting incorporated all post supply modifications improvements

arising out of technological developments to the original equipment supplied by the Bidder Supplier

Contractor the Bidder Supplier Contractor shall quote for and carry out all such modifications to the

equipment

A163 Where the whole or a portion of the equipment has been specifically developed by the Bidder

Supplier Contractor for the Owner and the latter would through the Purchaser be bearing the entire or part

of the development cost incurred by the Bidder Supplier Contractor the design rights for the whole or

portion thereof of the equipment as appropriate shall vest in the Owners

A164 Prior approval of the Owner should be obtained before similar articles are sold supplied to any other

party other than the Owner If such approval is given and sale is effected the Bidder Supplier Contractor

shall pay to the Owner royalty at the rate mutually agreed to

A165 The Sub-contractor Supplier Supplier shall continue to support the equipment for a minimum period

of 20 years from the date of supply by making available spare parts and assemblies of the equipment

supplied Should the Sub-contractor Supplier Supplier decides to discontinue the product for any reason

whatsoever adequate notice shall be given to the Purchaser Owner to enable procurement of the requisite

lifetime spares

A170 PURCHASERrsquoS RIGHT TO ACCEPT ANY BID PART OF BID AND TO REJECT ANY OR

ALL BIDS A171 The Purchaser reserves the right to accept and or reject any or all tenders and or to withdraw the tender

in Toto and or award the contract order in full or part to more than one vendor contractor without

assigning any reason whatsoever and without thereby incurring any liability to the affected Bidder or Bidders

or any obligations to inform the affected Bidder or Bidders of the grounds for MDL action

A180 BANK GUARANTEE INSURANCE COVER FOR FREE ISSUE MATERIAL A181 The Bidder Supplier Contractor shall furnish Bank Guarantee insurance Cover equivalent to the

value of materials supplied by MDL free of cost valid up to the execution of the contract delivery of

material inspected accepted and receipt at MDL together with the material reconciliation statement

whichever is later

A190 BIDDERrsquoS RESPONSE IN CASE OF NO PARTICIPATION A191 The Sub-contractor Supplier Vendor shall inform the Purchaser in advance in case he is unable to

participate in the tender for whatsoever reason Failure to comply with this will be viewed seriously and

consecutive three failures on the part of Sub-contractor Supplier Vendor to do so is liable for

disqualification debarring of the Sub-contractor Supplier Vendor from all future tender enquiries and or

delisting from the list of Approved Registered Vendors

A230 PREFERENCETIAL PURCHASE FROM MSE VENDORS ndash Not Applicable MDL has right to place order on MSE firm meeting following criteria

In tenders if participating MSEs quoted prices are within price band of L1+15 such MSEs shall also be

allowed to supply a portion up to 20 of requirement by bringing down their prices to L1 price where L1 is

non MSEs If more than 1 MSEs fall under such criteria then this 20 shall be distributed proportionally

This preference shall not be applicable where MSE firm is L1 firm out of 20 percent target of annual

procurement from Micro and Small Enterprises a sub-target of 20 percent (ie 4 percent out of 20 percent)

shall be earmarked for procurement from Micro and Small Enterprises owned by the Scheduled Caste or the

Scheduled Tribe Entrepreneurs In respect of items reserved for MSE extant guidelines shall be followed

Presently Circular No SO 581(E) dated 23032012 is applicable

GM(M)MTI2000007617Passivation Station

Page 36 of 45

Annexure-5

LOADING FACTORS A

Sr

No

Description Foreign Supplier

100 import content

Indigenous

Supplier with part

Import content

Indigenous

Supplier without

Import content

1 Basic Price Quoted

CIF

a a Ex Works

b b Delivered to

MDL Stores

a Ex Works

b Delivered to

MDL Stores

2 Add Insurance Charges Nil In case of 1 (a) In case of 1 (a)

3 Add Sea Air Freight charges

Inland Road Transport Nil In case of 1 (a) In case of 1 (a)

4

Customs Clearance Port

Handling Transportation to

Yard

Applicable NIL NIL

5

Cost (ex-MDL) excluding taxes

amp duties without loading

towards any deviations

CIF price +

SrNo4 Sr Nos (1+2+3) Sr Nos (1+2+3)

B LOADINGS DUE TO VARIATIONS IN FINANCIAL TERM

6 Variation in payment Terms

Varied payment terms quoted by bidders as compared to the terms stated

in the tender document shall be normalized on the amount(s) at variation

and or for the period (in no of days) at variation by adopting the Prime

Lending Rate of State Bank India plus 2 thereon incase of indigenous

bidders and LIBOR EURIBOR rates in case of foreign bidders

7

Income tax amp Service Tax on

Technical Services Service

Engineers liability to MDL

Normalization shall be done in respect of the amount of tax that have to

be borne by the Company

8 Production norms such as

scrap output ndash input ratio

9 Base date for price variation

clause

1

0

Cost (ex-MDL) excluding taxes

amp duties after loading for

variations in financial term

(SR Nos 5 + 6 + 7 + 8 + 9)

C LOADING ON ACCOUNT OF DEVIATIONS IN FOLLOWING COMMERCIAL TERMS

11

Security Deposit Contract

Performance Guarantee Mandatory

12

Equipment Performance

Guarantee Mandatory

13

Additional delivery period

sought over stipulated period as

per Tender

For the additional period sought by the bidder over the stipulated date of

delivery as per tender 050 per week for delayed period will be loaded

to the quoted price if the period under variation does not lead to bid

rejection criteria 14 Additional time sought for

supplying binding data

15 Liquidated damages per week

rate Maximum Ceiling

If bidder seeks less than 5 (Max ceiling) then the difference will be

loaded

The rate of LD per week or part thereof is 05 If bidder seeks say 04

per week or part thereof then Max Ceiling of LD will be equated to

weeks (Say 10 weeks) then LD proposed by bidder works out to 10 X 04

= 4 then 1 will be loaded

16 Warranty Guarantee

Deviations in respect of the period of Warranty shall be loaded to the

quoted price 025 per month or part thereof This does not arise if

the bidder quotes additional price for the differential period

GM(M)MTI2000007617Passivation Station

Page 37 of 45

17

Cost (Ex-MDL) excluding taxes

amp duties after loading for

variations on account of

financial and commercial terms

Sr Nos 10 + 11 + 12 + 13 + 14 + 15 + 16

D LANDED COST

18

Taxes amp Duties

19

Landed Cost Sr Nos 17 + 18

GM(M)MTI2000007617Passivation Station

Page 38 of 45

Annexure-6

LETTER OF CREDIT FORMAT FOR SHIPMENT BY SEA AIR

40A Form of Documentary Credit Type IRREVOCABLE

20 Transaction Reference Number Documentary

Credit Number

31C Date of Issue Date

31D Date and Place of Expiry Date

Place NEGOTIATING BANK

51A Applicant Bank BIC BANKERS OF MDLMUMBAI

50 Applicant Name amp Address MAZAGON DOCK SHIPBUILDERS LTD

DOCKYARD ROAD MAZAGON MUMBAI ndash

400 010

59 Beneficiary Name amp Address

32B Currency Code Amount

Currency

Amount

39A Percentage Credit Amount Tolerance

Tolerance 1

Tolerance 2

41D Available with hellipByhellip Name amp Address

42C Draft at hellip Narrative SIGHTNEGOTIATION

42D Drawee Name amp Address BANKERS OF MDLMUMBAI

43P Partial Shipments Narrative ALLOWEDNOT ALLOWED

43T Transhipment Narrative ALLOWEDNOT ALLOWED

44A Loading on Board Dispatch Narrative AIRPORT SEAPORT (AS PER TENDER

ENQUIRYORDER)

44B For Transportation to Narrative AIRPORT SEAPORT (AS PER TENDER

ENQUIRYORDER)

44C Latest Date of Shipment Date

46A Documents required Narrative (AS PER TENDER ENQUIRY)

47A Additional conditions Narrative 1 ALL DOCUMENTS SHOULD BE MARKED

WITH IEC CODE NO0388070412 LC NO

AND DATE AND IMPORT UNDER NON-

NEGATIVE LIST OF IMPORT EXPORT

POLICY AM

2 DISCREPANT DOCUMENTS TO BE SENT

STRICTLY ON COLLECTION BASIS

71B Details of charges Narrative ALL FOREIGN BANK CHARGES OUTSIDE

INDIA ARE FOR THE BENEFICIARYrsquoS

ACCOUNT

48 Period for presentation

Narrative

WITHIN ----- DAYS FROM THE DATE OF

BILL OF LADING AIRWAY BILL 49 Confirmation instructions

Instruction

WITHOUT

53D Reimbursing Bank

Name amp Address

BANKERS OF MDL WILL SPECIFY

78 Instructions to the Paying Accepting Bank

Narrative

BANKERS OF MDL WILL SPECIFY 72 Sender to Receiver Information

Narrative

BANKERS OF MDL WILL SPECIFY

GM(M)MTI2000007617Passivation Station

Page 39 of 45

Enclosure-7

PROFORMA BANK GUARANTEE FOR BID BOND EMD

(On Non-Judicial stamp paper of value Rs 500-)

IN CONSIDERATION OF MAZAGON DOCK SHIPBUILDERS LIMTED a company incorporated under the Companies Act 1956 and having its registered office at Dockyard Road Mumbai 400010 (hereinafter referred to as

the ldquothe Companyrdquo which expression shall unless it be repugnant or contrary to the subject or context thereof be

deemed to mean and include its successors and assigns) having agreed to accept the Earnest Money Deposit (EMD)

of Rs--------------------------- -------(Rupees-----------------------------only) in the form of Bank Guarantee from Messers

a partnership firmsole proprietor businessa company registered under the Companies Act 1956

having its office at (hereinafter called the tenderer which expression shall unless it be

repugnant or contrary to the subject or context thereof be deemed to mean and include its successors and assigns) for

participating in the Tender nodated (hereinafter called the tender which expression

shall include any amendmentsalterations to the tender issued by the Company) for the supply delivery at site

installation and commissioning of certain equipment itemservicescivil works etc We

Bank having office at (hereinafter referred to as ldquothe Bankrdquo which

expression shall includes its successors and assigns) hereby agree to pay to the Company without any demur on first

demand an amount not exceeding Rs (Rupeesonly) against any loss or damage costs charges and expenses caused to or suffered by the Company by reason of non performance and non-fulfilment or for

any breach on the part of the tenderer of any of the terms and conditions of the said tender

2 We Bank further agree that the Company shall be sole judge whether the said tenderer has

failed to perform or fulfil the said tender in terms thereof or committed breach of any terms and conditions of the

tender the extent of loss damage cost charges and expenses suffered or incurred or would be suffered or incurred by

the Company on account thereof and we waive in the favour of the Company all the rights and defences to which we

as guarantors may be entitled to

3 We Bank further agree that the amount demanded by the Company as such shall be final and

binding on the Bank as to the Bank s liability to pay and the amount demanded and the Bank undertake to pay the

Company the amount so demanded on first demand and without any demur notwithstanding any dispute raised by the

tenderer or any suit or other legal proceedings including arbitration pending before any court tribunal or arbitrator

relating thereto our liability under this guarantee being absolute and unconditional

4 We Bank further agree with the Company that the Company shall have the fullest liberty

without our consent and without affecting in any manner our obligations hereunder to vary any of the terms and

conditions of the said tenderor to extend time of performance by the tenderer from time to time or to postpone for

any time to time any of the powers exercisable by the Company against the tenderer and to forbear to enforce any of

the terms and conditions relating to the tender and we shall not be relieved from our liability by reason of any such

variation or extension being granted to the tenderer or for any forbearance act or omission on the part of the

Company or any indulgence by the Company to the tenderer or by any such matter or things whatsoever which under

the law relating to sureties would have the effect of relieving us

5 We Bank further undertake not to revoke this guarantee during its currency except with

the previous consent of the Company in writing

6 We Bank also agree that the Bankrsquos liability under this guarantee shall not be affected

by any change in the constitution of the tenderer or dissolution or winding up of the business of the tenderer

7 Notwithstanding anything contained herein above

i) Our liability under this guarantee shall not exceed Rs

ii) This Bank Guarantee shall be valid upto and including and

iii) We are liable to pay the guarantee amount or any part thereof under this Bank Guarantee only and only if you

serve upon us a written claim or demand on or before helliphelliphellip (validity + --- weeks from the date of expiry of this

guarantee)

8 This Guarantee shall be governed by Indian laws and the Courts at Mumbai India shall have the exclusive

jurisdiction

GM(M)MTI2000007617Passivation Station

Page 40 of 45

IN WITNESS WHEREOF the Bank has executed this document on this day

of

For Bank

(by its constituted attorney

or the person authorized to sign)

(Signature of a person authorized

to sign on behalf of the Bank)

GM(M)MTI2000007617Passivation Station

Page 41 of 45

Enclosure-8

PROFORMA BANK GUARANTEE FOR SECURITY DEPOSIT (ILLUSTRATIVE FORMAT)

(On Non-Judicial stamp paper of value Rs 500)

IN CONSIDERATION OF MAZAGON DOCK SHIPBUILDERS LIMTED a company incorporated under the

Companies Act 1956 and having its registered office at Dockyard Road Mumbai 400010 (hereinafter referred to as

the ldquothe Purchaserrdquo which expression shall unless it be repugnant or contrary to the subject or context thereof be

deemed to mean and include its successors and assigns) having placed an order on Messers

a partnership firmsole proprietor businessa company registered under the Companies Act 1956

having its office at (hereinafter called the Contractor Supplier which expression shall unless it

be repugnant or contrary to the subject or context thereof be deemed to mean and include its successors and assigns)

vide order No dated (hereinafter called the order which expression shall include any

amendmentsalterations to the order issued by the Purchaser) for the supply delivery at site installation and

commissioning of certain equipment itemservicescivil works etc as stated in the said Order and the Purchaser

having agreed with the ContractorSupplier to accept a Bank Guarantee in lieu of Security Deposit payable under the

said order for the fulfilment and performance of the said order We Bank having

office at (hereinafter referred to as the Bank which expression shall includes its

successors and assigns) hereby agree to pay to the Purchaser without any demur on first demand an amount not

exceeding Rs (Rupeesonly) being 5 of the order value against any loss or damage costs

charges and expenses caused to or suffered by the Purchaser by reason of non performance and non-fulfilment or for

any breach on the part of the Contractor Supplier of any of the terms and conditions of the said order

2 We Bank further agree that the Purchaser shall be sole judge whether the said

contractorSupplier has failed to perform or fulfil the said order in terms thereof or committed breach of any terms

and conditions of the order and the extent of loss damage cost charges and expenses suffered or incurred or would

be suffered or incurred by the Purchaser on account thereof and we waive in the favour

of the Purchaser all the rights and defences to which we as guarantors may be entitled to

3 We Bank further agree that the amount demanded by the Purchaser as such shall be final and

binding on the Bank as to the Bank s liability to pay and the amount demanded and the Bank undertake to pay the

Purchaser the amount so demanded on first demand and without any demur notwithstanding any dispute raised by the

ContractorSupplier or any suit or other legal proceedings including arbitration pending before any court tribunal or

arbitrator relating thereto our liability under this guarantee being absolute and unconditional

4 We Bank further agree with the Purchaser that the Purchaser shall have the fullest liberty

without our consent and without affecting in any manner our obligations hereunder to vary any of the terms and

conditions of the said orderor to extend time of performance by the Supplier from time to time or to

postpone for any time to time any of the powers exercisable by the Purchaser against the Contractor Supplier and to

forbear to enforce any of the terms and conditions relating to the order and we shall not be relieved from our liability

by reason of any such variation or extension being granted to the Contractor Supplier or for any forbearance act or

omission on the part of the Purchaser or any indulgence by the

Purchaser to the ContractorSupplier or by any such matter or things whatsoever which under the law relating to

sureties would have the effect of relieving us

5 We Bank further undertake not to revoke this guarantee during its currency except with

the previous consent of the Purchaser in writing

6 We Bank also agree that the Bankrsquos liability under this guarantee shall not be affected

by any change in the constitution of the Contractor Supplier or dissolution or winding up of the business of the

contractor supplier

7 Notwithstanding anything contained herein above

i) Our liability under this guarantee shall not exceed Rs

ii) This Bank Guarantee shall be valid upto and including and

GM(M)MTI2000007617Passivation Station

Page 42 of 45

iii) We are liable to pay the guarantee amount or any part thereof under this Bank Guarantee only and only if you

serve upon us a written claim or demand on or before helliphelliphelliphellip(validity + ---weeks from the date of expiry of this

guarantee)

8 This Guarantee shall be governed by Indian laws and the Courts at Mumbai India

shall have the exclusive jurisdiction

IN WITNESS WHEREOF the Bank has executed this document on

this day of

For Bank

(by its constituted attorney)

(Signature of a person authorised

to sign on behalf of the Bank)

GM(M)MTI2000007617Passivation Station

Page 43 of 45

Enclosure-9

PROFORMA BANK GUARANTEE FOR PERFORMANCE (ILLUSTRATIVE FORMAT)

(On Non-Judicial stamp paper of value Rs 500-)

IN CONSIDERATION OF MAZAGON DOCK SHIPBUILDERS LIMTED a company incorporated under the

Companies Act 1956 and having its registered office at Dockyard Road Mumbai 400010 (hereinafter referred to as

the ldquothe Purchaserrdquo which expression shall unless it be repugnant or contrary to the subject or context thereof be

deemed to mean and include its successors and assigns) having placed an order on Messers a

partnership firmsole proprietor businessa company registered under the Companies Act 1956 having its Registered

office at (hereinafter called the Contractor Supplier which expression shall unless it be

repugnant or contrary to the subject or context thereof be deemed to mean and include its successors and assigns)

vide order No dated (hereinafter called the order which expression shall include any

amendmentsalterations to the order issued by the Purchaser) for the supply delivery at site installation and

commissioning of certain equipment itemservicescivil works etc as stated in the said Order and the Purchaser

having agreed that the Contractor Supplier shall furnish a security for the performance of the Contractorrsquos

Suppliers obligations andor discharge of the Contractorrsquos Suppliers liability in connection with the said order and

the Purchaser having agreed with the ContractorSupplier to accept a performance guarantee We

Bank having office at (hereinafter referred to as the

Bank which expression shall includes its successors and assigns) hereby agree to pay to the Purchaser without any

demur on first demand an amount not exceeding Rs (Rupeesonly) being 10 of the order

value against any loss or damage costs charges and expenses caused to or suffered by the Purchaser by reason of

non-performance and non-fulfilment or for any breach on the part of the Contractor Supplier of any of the terms and

conditions of the said order

2 We Bank further agree that the Purchaser shall be sole judge whether the said

ContractorSupplier has failed to perform or fulfil the said order in terms thereof or committed breach of any terms

and conditions of the order and the extent of loss damage cost charges and expenses suffered or incurred or would

be suffered or incurred by the Purchaser on account thereof and we waive in the favour of

the Purchaser all the rights and defences to which we as guarantors may be entitled to

3 We Bank further agree that the amount demanded by the Purchaser as such shall be final and

binding on the Bank as to the Bank s liability to pay and the amount demanded and the Bank undertake to pay the

Purchaser the amount so demanded on first demand and without any demur otwithstanding any dispute raised by the

ContractorSupplier or any suit or other legal proceedings including arbitration pending before any court tribunal or

arbitrator relating thereto our liability under this guarantee being absolute and unconditional

4 We Bank further agree with the Purchaser that the Purchaser shall have the fullest liberty

without our consent and without affecting in any manner our obligations hereunder to vary any of the terms and

conditions of the said orderor to extend time of performance by the Supplier from time to time or to postpone for

any time to time any of the powers exercisable by the Purchaser against the Contractor

Supplier and to forbear to enforce any of the terms and conditions relating to the order and we shall not be relieved

from our liability by reason of any such variation or extension being granted to the Contractor Supplier or for any

forbearance act or omission on the part of the Purchaser or any indulgence by the Purchaser to the

ContractorSupplier or by any such matter or things whatsoever which under the law

relating to sureties would have the effect of relieving us

5 We Bank further undertake not to revoke this guarantee during its currency except with

the previous consent of the Purchaser in writing

6 We Bank also agree that the Bankrsquos liability under this guarantee shall not be affected

by any change in the constitution of the Contractor Supplier or

dissolutionhelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

7 Notwithstanding anything contained herein above

i) Our liability under this guarantee shall not exceed Rs

ii) This Bank Guarantee shall be valid upto and including and

GM(M)MTI2000007617Passivation Station

Page 44 of 45

iii) We are liable to pay the guarantee amount or any part thereof under this Bank Guarantee only and only if you

serve upon us a written claim or demand on or before helliphelliphellip (validity + ---weeks from the date of expiry of this

guarantee)

8 This Guarantee shall be governed by Indian laws and the Courts at Mumbai India shall have the exclusive

jurisdiction

IN WITNESS WHEREOF the Bank has executed this document on

this day of

For Bank

(by its constituted attorney)

(Signature of a person authorised

to sign on behalf of the Bank)

GM(M)MTI2000007617Passivation Station

Page 45 of 45

Enclosure-10

Electronic Payment Mandate Form

(MDL Bank details)

Name of the CompanyFirm Mazagon Dock Shipbuilders Limited

Address with Phone no Dockyard Road Mumbai ndash 400010

E-Mail ID

Phone No +91 22 23745310

Fax No

Particulars of Bank Account

Name of the Bank State Bank of India

Name of the Branch Mazagon Dock Mumbai Branch

Branch Code 9054

Bank IFSC NEFT Code SBIN0009054

Bank Address MBPT Workshop building NV Nakhwa Road Mazagon - 400010

City Name Mumbai

Telephone No of Bank +91 22 23752802

9 digit code no of bank amp branch

appearing on the MICR cheque

issued by your bank

400002120

Type of Account Current Account

Account No 10005255246

Income Tax PAN No AAACM8029J

Page 36: Final Tender - Mazagon Dock Shipbuilders...DIVISION-SHIP BUILDING DEPARTMENT-MATERIAL PROCUREMENT Tender no.: GM(M)/MTI/2000007617 for the Engineering, Manufacturing, Supply/Installation,

GM(M)MTI2000007617Passivation Station

Page 36 of 45

Annexure-5

LOADING FACTORS A

Sr

No

Description Foreign Supplier

100 import content

Indigenous

Supplier with part

Import content

Indigenous

Supplier without

Import content

1 Basic Price Quoted

CIF

a a Ex Works

b b Delivered to

MDL Stores

a Ex Works

b Delivered to

MDL Stores

2 Add Insurance Charges Nil In case of 1 (a) In case of 1 (a)

3 Add Sea Air Freight charges

Inland Road Transport Nil In case of 1 (a) In case of 1 (a)

4

Customs Clearance Port

Handling Transportation to

Yard

Applicable NIL NIL

5

Cost (ex-MDL) excluding taxes

amp duties without loading

towards any deviations

CIF price +

SrNo4 Sr Nos (1+2+3) Sr Nos (1+2+3)

B LOADINGS DUE TO VARIATIONS IN FINANCIAL TERM

6 Variation in payment Terms

Varied payment terms quoted by bidders as compared to the terms stated

in the tender document shall be normalized on the amount(s) at variation

and or for the period (in no of days) at variation by adopting the Prime

Lending Rate of State Bank India plus 2 thereon incase of indigenous

bidders and LIBOR EURIBOR rates in case of foreign bidders

7

Income tax amp Service Tax on

Technical Services Service

Engineers liability to MDL

Normalization shall be done in respect of the amount of tax that have to

be borne by the Company

8 Production norms such as

scrap output ndash input ratio

9 Base date for price variation

clause

1

0

Cost (ex-MDL) excluding taxes

amp duties after loading for

variations in financial term

(SR Nos 5 + 6 + 7 + 8 + 9)

C LOADING ON ACCOUNT OF DEVIATIONS IN FOLLOWING COMMERCIAL TERMS

11

Security Deposit Contract

Performance Guarantee Mandatory

12

Equipment Performance

Guarantee Mandatory

13

Additional delivery period

sought over stipulated period as

per Tender

For the additional period sought by the bidder over the stipulated date of

delivery as per tender 050 per week for delayed period will be loaded

to the quoted price if the period under variation does not lead to bid

rejection criteria 14 Additional time sought for

supplying binding data

15 Liquidated damages per week

rate Maximum Ceiling

If bidder seeks less than 5 (Max ceiling) then the difference will be

loaded

The rate of LD per week or part thereof is 05 If bidder seeks say 04

per week or part thereof then Max Ceiling of LD will be equated to

weeks (Say 10 weeks) then LD proposed by bidder works out to 10 X 04

= 4 then 1 will be loaded

16 Warranty Guarantee

Deviations in respect of the period of Warranty shall be loaded to the

quoted price 025 per month or part thereof This does not arise if

the bidder quotes additional price for the differential period

GM(M)MTI2000007617Passivation Station

Page 37 of 45

17

Cost (Ex-MDL) excluding taxes

amp duties after loading for

variations on account of

financial and commercial terms

Sr Nos 10 + 11 + 12 + 13 + 14 + 15 + 16

D LANDED COST

18

Taxes amp Duties

19

Landed Cost Sr Nos 17 + 18

GM(M)MTI2000007617Passivation Station

Page 38 of 45

Annexure-6

LETTER OF CREDIT FORMAT FOR SHIPMENT BY SEA AIR

40A Form of Documentary Credit Type IRREVOCABLE

20 Transaction Reference Number Documentary

Credit Number

31C Date of Issue Date

31D Date and Place of Expiry Date

Place NEGOTIATING BANK

51A Applicant Bank BIC BANKERS OF MDLMUMBAI

50 Applicant Name amp Address MAZAGON DOCK SHIPBUILDERS LTD

DOCKYARD ROAD MAZAGON MUMBAI ndash

400 010

59 Beneficiary Name amp Address

32B Currency Code Amount

Currency

Amount

39A Percentage Credit Amount Tolerance

Tolerance 1

Tolerance 2

41D Available with hellipByhellip Name amp Address

42C Draft at hellip Narrative SIGHTNEGOTIATION

42D Drawee Name amp Address BANKERS OF MDLMUMBAI

43P Partial Shipments Narrative ALLOWEDNOT ALLOWED

43T Transhipment Narrative ALLOWEDNOT ALLOWED

44A Loading on Board Dispatch Narrative AIRPORT SEAPORT (AS PER TENDER

ENQUIRYORDER)

44B For Transportation to Narrative AIRPORT SEAPORT (AS PER TENDER

ENQUIRYORDER)

44C Latest Date of Shipment Date

46A Documents required Narrative (AS PER TENDER ENQUIRY)

47A Additional conditions Narrative 1 ALL DOCUMENTS SHOULD BE MARKED

WITH IEC CODE NO0388070412 LC NO

AND DATE AND IMPORT UNDER NON-

NEGATIVE LIST OF IMPORT EXPORT

POLICY AM

2 DISCREPANT DOCUMENTS TO BE SENT

STRICTLY ON COLLECTION BASIS

71B Details of charges Narrative ALL FOREIGN BANK CHARGES OUTSIDE

INDIA ARE FOR THE BENEFICIARYrsquoS

ACCOUNT

48 Period for presentation

Narrative

WITHIN ----- DAYS FROM THE DATE OF

BILL OF LADING AIRWAY BILL 49 Confirmation instructions

Instruction

WITHOUT

53D Reimbursing Bank

Name amp Address

BANKERS OF MDL WILL SPECIFY

78 Instructions to the Paying Accepting Bank

Narrative

BANKERS OF MDL WILL SPECIFY 72 Sender to Receiver Information

Narrative

BANKERS OF MDL WILL SPECIFY

GM(M)MTI2000007617Passivation Station

Page 39 of 45

Enclosure-7

PROFORMA BANK GUARANTEE FOR BID BOND EMD

(On Non-Judicial stamp paper of value Rs 500-)

IN CONSIDERATION OF MAZAGON DOCK SHIPBUILDERS LIMTED a company incorporated under the Companies Act 1956 and having its registered office at Dockyard Road Mumbai 400010 (hereinafter referred to as

the ldquothe Companyrdquo which expression shall unless it be repugnant or contrary to the subject or context thereof be

deemed to mean and include its successors and assigns) having agreed to accept the Earnest Money Deposit (EMD)

of Rs--------------------------- -------(Rupees-----------------------------only) in the form of Bank Guarantee from Messers

a partnership firmsole proprietor businessa company registered under the Companies Act 1956

having its office at (hereinafter called the tenderer which expression shall unless it be

repugnant or contrary to the subject or context thereof be deemed to mean and include its successors and assigns) for

participating in the Tender nodated (hereinafter called the tender which expression

shall include any amendmentsalterations to the tender issued by the Company) for the supply delivery at site

installation and commissioning of certain equipment itemservicescivil works etc We

Bank having office at (hereinafter referred to as ldquothe Bankrdquo which

expression shall includes its successors and assigns) hereby agree to pay to the Company without any demur on first

demand an amount not exceeding Rs (Rupeesonly) against any loss or damage costs charges and expenses caused to or suffered by the Company by reason of non performance and non-fulfilment or for

any breach on the part of the tenderer of any of the terms and conditions of the said tender

2 We Bank further agree that the Company shall be sole judge whether the said tenderer has

failed to perform or fulfil the said tender in terms thereof or committed breach of any terms and conditions of the

tender the extent of loss damage cost charges and expenses suffered or incurred or would be suffered or incurred by

the Company on account thereof and we waive in the favour of the Company all the rights and defences to which we

as guarantors may be entitled to

3 We Bank further agree that the amount demanded by the Company as such shall be final and

binding on the Bank as to the Bank s liability to pay and the amount demanded and the Bank undertake to pay the

Company the amount so demanded on first demand and without any demur notwithstanding any dispute raised by the

tenderer or any suit or other legal proceedings including arbitration pending before any court tribunal or arbitrator

relating thereto our liability under this guarantee being absolute and unconditional

4 We Bank further agree with the Company that the Company shall have the fullest liberty

without our consent and without affecting in any manner our obligations hereunder to vary any of the terms and

conditions of the said tenderor to extend time of performance by the tenderer from time to time or to postpone for

any time to time any of the powers exercisable by the Company against the tenderer and to forbear to enforce any of

the terms and conditions relating to the tender and we shall not be relieved from our liability by reason of any such

variation or extension being granted to the tenderer or for any forbearance act or omission on the part of the

Company or any indulgence by the Company to the tenderer or by any such matter or things whatsoever which under

the law relating to sureties would have the effect of relieving us

5 We Bank further undertake not to revoke this guarantee during its currency except with

the previous consent of the Company in writing

6 We Bank also agree that the Bankrsquos liability under this guarantee shall not be affected

by any change in the constitution of the tenderer or dissolution or winding up of the business of the tenderer

7 Notwithstanding anything contained herein above

i) Our liability under this guarantee shall not exceed Rs

ii) This Bank Guarantee shall be valid upto and including and

iii) We are liable to pay the guarantee amount or any part thereof under this Bank Guarantee only and only if you

serve upon us a written claim or demand on or before helliphelliphellip (validity + --- weeks from the date of expiry of this

guarantee)

8 This Guarantee shall be governed by Indian laws and the Courts at Mumbai India shall have the exclusive

jurisdiction

GM(M)MTI2000007617Passivation Station

Page 40 of 45

IN WITNESS WHEREOF the Bank has executed this document on this day

of

For Bank

(by its constituted attorney

or the person authorized to sign)

(Signature of a person authorized

to sign on behalf of the Bank)

GM(M)MTI2000007617Passivation Station

Page 41 of 45

Enclosure-8

PROFORMA BANK GUARANTEE FOR SECURITY DEPOSIT (ILLUSTRATIVE FORMAT)

(On Non-Judicial stamp paper of value Rs 500)

IN CONSIDERATION OF MAZAGON DOCK SHIPBUILDERS LIMTED a company incorporated under the

Companies Act 1956 and having its registered office at Dockyard Road Mumbai 400010 (hereinafter referred to as

the ldquothe Purchaserrdquo which expression shall unless it be repugnant or contrary to the subject or context thereof be

deemed to mean and include its successors and assigns) having placed an order on Messers

a partnership firmsole proprietor businessa company registered under the Companies Act 1956

having its office at (hereinafter called the Contractor Supplier which expression shall unless it

be repugnant or contrary to the subject or context thereof be deemed to mean and include its successors and assigns)

vide order No dated (hereinafter called the order which expression shall include any

amendmentsalterations to the order issued by the Purchaser) for the supply delivery at site installation and

commissioning of certain equipment itemservicescivil works etc as stated in the said Order and the Purchaser

having agreed with the ContractorSupplier to accept a Bank Guarantee in lieu of Security Deposit payable under the

said order for the fulfilment and performance of the said order We Bank having

office at (hereinafter referred to as the Bank which expression shall includes its

successors and assigns) hereby agree to pay to the Purchaser without any demur on first demand an amount not

exceeding Rs (Rupeesonly) being 5 of the order value against any loss or damage costs

charges and expenses caused to or suffered by the Purchaser by reason of non performance and non-fulfilment or for

any breach on the part of the Contractor Supplier of any of the terms and conditions of the said order

2 We Bank further agree that the Purchaser shall be sole judge whether the said

contractorSupplier has failed to perform or fulfil the said order in terms thereof or committed breach of any terms

and conditions of the order and the extent of loss damage cost charges and expenses suffered or incurred or would

be suffered or incurred by the Purchaser on account thereof and we waive in the favour

of the Purchaser all the rights and defences to which we as guarantors may be entitled to

3 We Bank further agree that the amount demanded by the Purchaser as such shall be final and

binding on the Bank as to the Bank s liability to pay and the amount demanded and the Bank undertake to pay the

Purchaser the amount so demanded on first demand and without any demur notwithstanding any dispute raised by the

ContractorSupplier or any suit or other legal proceedings including arbitration pending before any court tribunal or

arbitrator relating thereto our liability under this guarantee being absolute and unconditional

4 We Bank further agree with the Purchaser that the Purchaser shall have the fullest liberty

without our consent and without affecting in any manner our obligations hereunder to vary any of the terms and

conditions of the said orderor to extend time of performance by the Supplier from time to time or to

postpone for any time to time any of the powers exercisable by the Purchaser against the Contractor Supplier and to

forbear to enforce any of the terms and conditions relating to the order and we shall not be relieved from our liability

by reason of any such variation or extension being granted to the Contractor Supplier or for any forbearance act or

omission on the part of the Purchaser or any indulgence by the

Purchaser to the ContractorSupplier or by any such matter or things whatsoever which under the law relating to

sureties would have the effect of relieving us

5 We Bank further undertake not to revoke this guarantee during its currency except with

the previous consent of the Purchaser in writing

6 We Bank also agree that the Bankrsquos liability under this guarantee shall not be affected

by any change in the constitution of the Contractor Supplier or dissolution or winding up of the business of the

contractor supplier

7 Notwithstanding anything contained herein above

i) Our liability under this guarantee shall not exceed Rs

ii) This Bank Guarantee shall be valid upto and including and

GM(M)MTI2000007617Passivation Station

Page 42 of 45

iii) We are liable to pay the guarantee amount or any part thereof under this Bank Guarantee only and only if you

serve upon us a written claim or demand on or before helliphelliphelliphellip(validity + ---weeks from the date of expiry of this

guarantee)

8 This Guarantee shall be governed by Indian laws and the Courts at Mumbai India

shall have the exclusive jurisdiction

IN WITNESS WHEREOF the Bank has executed this document on

this day of

For Bank

(by its constituted attorney)

(Signature of a person authorised

to sign on behalf of the Bank)

GM(M)MTI2000007617Passivation Station

Page 43 of 45

Enclosure-9

PROFORMA BANK GUARANTEE FOR PERFORMANCE (ILLUSTRATIVE FORMAT)

(On Non-Judicial stamp paper of value Rs 500-)

IN CONSIDERATION OF MAZAGON DOCK SHIPBUILDERS LIMTED a company incorporated under the

Companies Act 1956 and having its registered office at Dockyard Road Mumbai 400010 (hereinafter referred to as

the ldquothe Purchaserrdquo which expression shall unless it be repugnant or contrary to the subject or context thereof be

deemed to mean and include its successors and assigns) having placed an order on Messers a

partnership firmsole proprietor businessa company registered under the Companies Act 1956 having its Registered

office at (hereinafter called the Contractor Supplier which expression shall unless it be

repugnant or contrary to the subject or context thereof be deemed to mean and include its successors and assigns)

vide order No dated (hereinafter called the order which expression shall include any

amendmentsalterations to the order issued by the Purchaser) for the supply delivery at site installation and

commissioning of certain equipment itemservicescivil works etc as stated in the said Order and the Purchaser

having agreed that the Contractor Supplier shall furnish a security for the performance of the Contractorrsquos

Suppliers obligations andor discharge of the Contractorrsquos Suppliers liability in connection with the said order and

the Purchaser having agreed with the ContractorSupplier to accept a performance guarantee We

Bank having office at (hereinafter referred to as the

Bank which expression shall includes its successors and assigns) hereby agree to pay to the Purchaser without any

demur on first demand an amount not exceeding Rs (Rupeesonly) being 10 of the order

value against any loss or damage costs charges and expenses caused to or suffered by the Purchaser by reason of

non-performance and non-fulfilment or for any breach on the part of the Contractor Supplier of any of the terms and

conditions of the said order

2 We Bank further agree that the Purchaser shall be sole judge whether the said

ContractorSupplier has failed to perform or fulfil the said order in terms thereof or committed breach of any terms

and conditions of the order and the extent of loss damage cost charges and expenses suffered or incurred or would

be suffered or incurred by the Purchaser on account thereof and we waive in the favour of

the Purchaser all the rights and defences to which we as guarantors may be entitled to

3 We Bank further agree that the amount demanded by the Purchaser as such shall be final and

binding on the Bank as to the Bank s liability to pay and the amount demanded and the Bank undertake to pay the

Purchaser the amount so demanded on first demand and without any demur otwithstanding any dispute raised by the

ContractorSupplier or any suit or other legal proceedings including arbitration pending before any court tribunal or

arbitrator relating thereto our liability under this guarantee being absolute and unconditional

4 We Bank further agree with the Purchaser that the Purchaser shall have the fullest liberty

without our consent and without affecting in any manner our obligations hereunder to vary any of the terms and

conditions of the said orderor to extend time of performance by the Supplier from time to time or to postpone for

any time to time any of the powers exercisable by the Purchaser against the Contractor

Supplier and to forbear to enforce any of the terms and conditions relating to the order and we shall not be relieved

from our liability by reason of any such variation or extension being granted to the Contractor Supplier or for any

forbearance act or omission on the part of the Purchaser or any indulgence by the Purchaser to the

ContractorSupplier or by any such matter or things whatsoever which under the law

relating to sureties would have the effect of relieving us

5 We Bank further undertake not to revoke this guarantee during its currency except with

the previous consent of the Purchaser in writing

6 We Bank also agree that the Bankrsquos liability under this guarantee shall not be affected

by any change in the constitution of the Contractor Supplier or

dissolutionhelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

7 Notwithstanding anything contained herein above

i) Our liability under this guarantee shall not exceed Rs

ii) This Bank Guarantee shall be valid upto and including and

GM(M)MTI2000007617Passivation Station

Page 44 of 45

iii) We are liable to pay the guarantee amount or any part thereof under this Bank Guarantee only and only if you

serve upon us a written claim or demand on or before helliphelliphellip (validity + ---weeks from the date of expiry of this

guarantee)

8 This Guarantee shall be governed by Indian laws and the Courts at Mumbai India shall have the exclusive

jurisdiction

IN WITNESS WHEREOF the Bank has executed this document on

this day of

For Bank

(by its constituted attorney)

(Signature of a person authorised

to sign on behalf of the Bank)

GM(M)MTI2000007617Passivation Station

Page 45 of 45

Enclosure-10

Electronic Payment Mandate Form

(MDL Bank details)

Name of the CompanyFirm Mazagon Dock Shipbuilders Limited

Address with Phone no Dockyard Road Mumbai ndash 400010

E-Mail ID

Phone No +91 22 23745310

Fax No

Particulars of Bank Account

Name of the Bank State Bank of India

Name of the Branch Mazagon Dock Mumbai Branch

Branch Code 9054

Bank IFSC NEFT Code SBIN0009054

Bank Address MBPT Workshop building NV Nakhwa Road Mazagon - 400010

City Name Mumbai

Telephone No of Bank +91 22 23752802

9 digit code no of bank amp branch

appearing on the MICR cheque

issued by your bank

400002120

Type of Account Current Account

Account No 10005255246

Income Tax PAN No AAACM8029J

Page 37: Final Tender - Mazagon Dock Shipbuilders...DIVISION-SHIP BUILDING DEPARTMENT-MATERIAL PROCUREMENT Tender no.: GM(M)/MTI/2000007617 for the Engineering, Manufacturing, Supply/Installation,

GM(M)MTI2000007617Passivation Station

Page 37 of 45

17

Cost (Ex-MDL) excluding taxes

amp duties after loading for

variations on account of

financial and commercial terms

Sr Nos 10 + 11 + 12 + 13 + 14 + 15 + 16

D LANDED COST

18

Taxes amp Duties

19

Landed Cost Sr Nos 17 + 18

GM(M)MTI2000007617Passivation Station

Page 38 of 45

Annexure-6

LETTER OF CREDIT FORMAT FOR SHIPMENT BY SEA AIR

40A Form of Documentary Credit Type IRREVOCABLE

20 Transaction Reference Number Documentary

Credit Number

31C Date of Issue Date

31D Date and Place of Expiry Date

Place NEGOTIATING BANK

51A Applicant Bank BIC BANKERS OF MDLMUMBAI

50 Applicant Name amp Address MAZAGON DOCK SHIPBUILDERS LTD

DOCKYARD ROAD MAZAGON MUMBAI ndash

400 010

59 Beneficiary Name amp Address

32B Currency Code Amount

Currency

Amount

39A Percentage Credit Amount Tolerance

Tolerance 1

Tolerance 2

41D Available with hellipByhellip Name amp Address

42C Draft at hellip Narrative SIGHTNEGOTIATION

42D Drawee Name amp Address BANKERS OF MDLMUMBAI

43P Partial Shipments Narrative ALLOWEDNOT ALLOWED

43T Transhipment Narrative ALLOWEDNOT ALLOWED

44A Loading on Board Dispatch Narrative AIRPORT SEAPORT (AS PER TENDER

ENQUIRYORDER)

44B For Transportation to Narrative AIRPORT SEAPORT (AS PER TENDER

ENQUIRYORDER)

44C Latest Date of Shipment Date

46A Documents required Narrative (AS PER TENDER ENQUIRY)

47A Additional conditions Narrative 1 ALL DOCUMENTS SHOULD BE MARKED

WITH IEC CODE NO0388070412 LC NO

AND DATE AND IMPORT UNDER NON-

NEGATIVE LIST OF IMPORT EXPORT

POLICY AM

2 DISCREPANT DOCUMENTS TO BE SENT

STRICTLY ON COLLECTION BASIS

71B Details of charges Narrative ALL FOREIGN BANK CHARGES OUTSIDE

INDIA ARE FOR THE BENEFICIARYrsquoS

ACCOUNT

48 Period for presentation

Narrative

WITHIN ----- DAYS FROM THE DATE OF

BILL OF LADING AIRWAY BILL 49 Confirmation instructions

Instruction

WITHOUT

53D Reimbursing Bank

Name amp Address

BANKERS OF MDL WILL SPECIFY

78 Instructions to the Paying Accepting Bank

Narrative

BANKERS OF MDL WILL SPECIFY 72 Sender to Receiver Information

Narrative

BANKERS OF MDL WILL SPECIFY

GM(M)MTI2000007617Passivation Station

Page 39 of 45

Enclosure-7

PROFORMA BANK GUARANTEE FOR BID BOND EMD

(On Non-Judicial stamp paper of value Rs 500-)

IN CONSIDERATION OF MAZAGON DOCK SHIPBUILDERS LIMTED a company incorporated under the Companies Act 1956 and having its registered office at Dockyard Road Mumbai 400010 (hereinafter referred to as

the ldquothe Companyrdquo which expression shall unless it be repugnant or contrary to the subject or context thereof be

deemed to mean and include its successors and assigns) having agreed to accept the Earnest Money Deposit (EMD)

of Rs--------------------------- -------(Rupees-----------------------------only) in the form of Bank Guarantee from Messers

a partnership firmsole proprietor businessa company registered under the Companies Act 1956

having its office at (hereinafter called the tenderer which expression shall unless it be

repugnant or contrary to the subject or context thereof be deemed to mean and include its successors and assigns) for

participating in the Tender nodated (hereinafter called the tender which expression

shall include any amendmentsalterations to the tender issued by the Company) for the supply delivery at site

installation and commissioning of certain equipment itemservicescivil works etc We

Bank having office at (hereinafter referred to as ldquothe Bankrdquo which

expression shall includes its successors and assigns) hereby agree to pay to the Company without any demur on first

demand an amount not exceeding Rs (Rupeesonly) against any loss or damage costs charges and expenses caused to or suffered by the Company by reason of non performance and non-fulfilment or for

any breach on the part of the tenderer of any of the terms and conditions of the said tender

2 We Bank further agree that the Company shall be sole judge whether the said tenderer has

failed to perform or fulfil the said tender in terms thereof or committed breach of any terms and conditions of the

tender the extent of loss damage cost charges and expenses suffered or incurred or would be suffered or incurred by

the Company on account thereof and we waive in the favour of the Company all the rights and defences to which we

as guarantors may be entitled to

3 We Bank further agree that the amount demanded by the Company as such shall be final and

binding on the Bank as to the Bank s liability to pay and the amount demanded and the Bank undertake to pay the

Company the amount so demanded on first demand and without any demur notwithstanding any dispute raised by the

tenderer or any suit or other legal proceedings including arbitration pending before any court tribunal or arbitrator

relating thereto our liability under this guarantee being absolute and unconditional

4 We Bank further agree with the Company that the Company shall have the fullest liberty

without our consent and without affecting in any manner our obligations hereunder to vary any of the terms and

conditions of the said tenderor to extend time of performance by the tenderer from time to time or to postpone for

any time to time any of the powers exercisable by the Company against the tenderer and to forbear to enforce any of

the terms and conditions relating to the tender and we shall not be relieved from our liability by reason of any such

variation or extension being granted to the tenderer or for any forbearance act or omission on the part of the

Company or any indulgence by the Company to the tenderer or by any such matter or things whatsoever which under

the law relating to sureties would have the effect of relieving us

5 We Bank further undertake not to revoke this guarantee during its currency except with

the previous consent of the Company in writing

6 We Bank also agree that the Bankrsquos liability under this guarantee shall not be affected

by any change in the constitution of the tenderer or dissolution or winding up of the business of the tenderer

7 Notwithstanding anything contained herein above

i) Our liability under this guarantee shall not exceed Rs

ii) This Bank Guarantee shall be valid upto and including and

iii) We are liable to pay the guarantee amount or any part thereof under this Bank Guarantee only and only if you

serve upon us a written claim or demand on or before helliphelliphellip (validity + --- weeks from the date of expiry of this

guarantee)

8 This Guarantee shall be governed by Indian laws and the Courts at Mumbai India shall have the exclusive

jurisdiction

GM(M)MTI2000007617Passivation Station

Page 40 of 45

IN WITNESS WHEREOF the Bank has executed this document on this day

of

For Bank

(by its constituted attorney

or the person authorized to sign)

(Signature of a person authorized

to sign on behalf of the Bank)

GM(M)MTI2000007617Passivation Station

Page 41 of 45

Enclosure-8

PROFORMA BANK GUARANTEE FOR SECURITY DEPOSIT (ILLUSTRATIVE FORMAT)

(On Non-Judicial stamp paper of value Rs 500)

IN CONSIDERATION OF MAZAGON DOCK SHIPBUILDERS LIMTED a company incorporated under the

Companies Act 1956 and having its registered office at Dockyard Road Mumbai 400010 (hereinafter referred to as

the ldquothe Purchaserrdquo which expression shall unless it be repugnant or contrary to the subject or context thereof be

deemed to mean and include its successors and assigns) having placed an order on Messers

a partnership firmsole proprietor businessa company registered under the Companies Act 1956

having its office at (hereinafter called the Contractor Supplier which expression shall unless it

be repugnant or contrary to the subject or context thereof be deemed to mean and include its successors and assigns)

vide order No dated (hereinafter called the order which expression shall include any

amendmentsalterations to the order issued by the Purchaser) for the supply delivery at site installation and

commissioning of certain equipment itemservicescivil works etc as stated in the said Order and the Purchaser

having agreed with the ContractorSupplier to accept a Bank Guarantee in lieu of Security Deposit payable under the

said order for the fulfilment and performance of the said order We Bank having

office at (hereinafter referred to as the Bank which expression shall includes its

successors and assigns) hereby agree to pay to the Purchaser without any demur on first demand an amount not

exceeding Rs (Rupeesonly) being 5 of the order value against any loss or damage costs

charges and expenses caused to or suffered by the Purchaser by reason of non performance and non-fulfilment or for

any breach on the part of the Contractor Supplier of any of the terms and conditions of the said order

2 We Bank further agree that the Purchaser shall be sole judge whether the said

contractorSupplier has failed to perform or fulfil the said order in terms thereof or committed breach of any terms

and conditions of the order and the extent of loss damage cost charges and expenses suffered or incurred or would

be suffered or incurred by the Purchaser on account thereof and we waive in the favour

of the Purchaser all the rights and defences to which we as guarantors may be entitled to

3 We Bank further agree that the amount demanded by the Purchaser as such shall be final and

binding on the Bank as to the Bank s liability to pay and the amount demanded and the Bank undertake to pay the

Purchaser the amount so demanded on first demand and without any demur notwithstanding any dispute raised by the

ContractorSupplier or any suit or other legal proceedings including arbitration pending before any court tribunal or

arbitrator relating thereto our liability under this guarantee being absolute and unconditional

4 We Bank further agree with the Purchaser that the Purchaser shall have the fullest liberty

without our consent and without affecting in any manner our obligations hereunder to vary any of the terms and

conditions of the said orderor to extend time of performance by the Supplier from time to time or to

postpone for any time to time any of the powers exercisable by the Purchaser against the Contractor Supplier and to

forbear to enforce any of the terms and conditions relating to the order and we shall not be relieved from our liability

by reason of any such variation or extension being granted to the Contractor Supplier or for any forbearance act or

omission on the part of the Purchaser or any indulgence by the

Purchaser to the ContractorSupplier or by any such matter or things whatsoever which under the law relating to

sureties would have the effect of relieving us

5 We Bank further undertake not to revoke this guarantee during its currency except with

the previous consent of the Purchaser in writing

6 We Bank also agree that the Bankrsquos liability under this guarantee shall not be affected

by any change in the constitution of the Contractor Supplier or dissolution or winding up of the business of the

contractor supplier

7 Notwithstanding anything contained herein above

i) Our liability under this guarantee shall not exceed Rs

ii) This Bank Guarantee shall be valid upto and including and

GM(M)MTI2000007617Passivation Station

Page 42 of 45

iii) We are liable to pay the guarantee amount or any part thereof under this Bank Guarantee only and only if you

serve upon us a written claim or demand on or before helliphelliphelliphellip(validity + ---weeks from the date of expiry of this

guarantee)

8 This Guarantee shall be governed by Indian laws and the Courts at Mumbai India

shall have the exclusive jurisdiction

IN WITNESS WHEREOF the Bank has executed this document on

this day of

For Bank

(by its constituted attorney)

(Signature of a person authorised

to sign on behalf of the Bank)

GM(M)MTI2000007617Passivation Station

Page 43 of 45

Enclosure-9

PROFORMA BANK GUARANTEE FOR PERFORMANCE (ILLUSTRATIVE FORMAT)

(On Non-Judicial stamp paper of value Rs 500-)

IN CONSIDERATION OF MAZAGON DOCK SHIPBUILDERS LIMTED a company incorporated under the

Companies Act 1956 and having its registered office at Dockyard Road Mumbai 400010 (hereinafter referred to as

the ldquothe Purchaserrdquo which expression shall unless it be repugnant or contrary to the subject or context thereof be

deemed to mean and include its successors and assigns) having placed an order on Messers a

partnership firmsole proprietor businessa company registered under the Companies Act 1956 having its Registered

office at (hereinafter called the Contractor Supplier which expression shall unless it be

repugnant or contrary to the subject or context thereof be deemed to mean and include its successors and assigns)

vide order No dated (hereinafter called the order which expression shall include any

amendmentsalterations to the order issued by the Purchaser) for the supply delivery at site installation and

commissioning of certain equipment itemservicescivil works etc as stated in the said Order and the Purchaser

having agreed that the Contractor Supplier shall furnish a security for the performance of the Contractorrsquos

Suppliers obligations andor discharge of the Contractorrsquos Suppliers liability in connection with the said order and

the Purchaser having agreed with the ContractorSupplier to accept a performance guarantee We

Bank having office at (hereinafter referred to as the

Bank which expression shall includes its successors and assigns) hereby agree to pay to the Purchaser without any

demur on first demand an amount not exceeding Rs (Rupeesonly) being 10 of the order

value against any loss or damage costs charges and expenses caused to or suffered by the Purchaser by reason of

non-performance and non-fulfilment or for any breach on the part of the Contractor Supplier of any of the terms and

conditions of the said order

2 We Bank further agree that the Purchaser shall be sole judge whether the said

ContractorSupplier has failed to perform or fulfil the said order in terms thereof or committed breach of any terms

and conditions of the order and the extent of loss damage cost charges and expenses suffered or incurred or would

be suffered or incurred by the Purchaser on account thereof and we waive in the favour of

the Purchaser all the rights and defences to which we as guarantors may be entitled to

3 We Bank further agree that the amount demanded by the Purchaser as such shall be final and

binding on the Bank as to the Bank s liability to pay and the amount demanded and the Bank undertake to pay the

Purchaser the amount so demanded on first demand and without any demur otwithstanding any dispute raised by the

ContractorSupplier or any suit or other legal proceedings including arbitration pending before any court tribunal or

arbitrator relating thereto our liability under this guarantee being absolute and unconditional

4 We Bank further agree with the Purchaser that the Purchaser shall have the fullest liberty

without our consent and without affecting in any manner our obligations hereunder to vary any of the terms and

conditions of the said orderor to extend time of performance by the Supplier from time to time or to postpone for

any time to time any of the powers exercisable by the Purchaser against the Contractor

Supplier and to forbear to enforce any of the terms and conditions relating to the order and we shall not be relieved

from our liability by reason of any such variation or extension being granted to the Contractor Supplier or for any

forbearance act or omission on the part of the Purchaser or any indulgence by the Purchaser to the

ContractorSupplier or by any such matter or things whatsoever which under the law

relating to sureties would have the effect of relieving us

5 We Bank further undertake not to revoke this guarantee during its currency except with

the previous consent of the Purchaser in writing

6 We Bank also agree that the Bankrsquos liability under this guarantee shall not be affected

by any change in the constitution of the Contractor Supplier or

dissolutionhelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

7 Notwithstanding anything contained herein above

i) Our liability under this guarantee shall not exceed Rs

ii) This Bank Guarantee shall be valid upto and including and

GM(M)MTI2000007617Passivation Station

Page 44 of 45

iii) We are liable to pay the guarantee amount or any part thereof under this Bank Guarantee only and only if you

serve upon us a written claim or demand on or before helliphelliphellip (validity + ---weeks from the date of expiry of this

guarantee)

8 This Guarantee shall be governed by Indian laws and the Courts at Mumbai India shall have the exclusive

jurisdiction

IN WITNESS WHEREOF the Bank has executed this document on

this day of

For Bank

(by its constituted attorney)

(Signature of a person authorised

to sign on behalf of the Bank)

GM(M)MTI2000007617Passivation Station

Page 45 of 45

Enclosure-10

Electronic Payment Mandate Form

(MDL Bank details)

Name of the CompanyFirm Mazagon Dock Shipbuilders Limited

Address with Phone no Dockyard Road Mumbai ndash 400010

E-Mail ID

Phone No +91 22 23745310

Fax No

Particulars of Bank Account

Name of the Bank State Bank of India

Name of the Branch Mazagon Dock Mumbai Branch

Branch Code 9054

Bank IFSC NEFT Code SBIN0009054

Bank Address MBPT Workshop building NV Nakhwa Road Mazagon - 400010

City Name Mumbai

Telephone No of Bank +91 22 23752802

9 digit code no of bank amp branch

appearing on the MICR cheque

issued by your bank

400002120

Type of Account Current Account

Account No 10005255246

Income Tax PAN No AAACM8029J

Page 38: Final Tender - Mazagon Dock Shipbuilders...DIVISION-SHIP BUILDING DEPARTMENT-MATERIAL PROCUREMENT Tender no.: GM(M)/MTI/2000007617 for the Engineering, Manufacturing, Supply/Installation,

GM(M)MTI2000007617Passivation Station

Page 38 of 45

Annexure-6

LETTER OF CREDIT FORMAT FOR SHIPMENT BY SEA AIR

40A Form of Documentary Credit Type IRREVOCABLE

20 Transaction Reference Number Documentary

Credit Number

31C Date of Issue Date

31D Date and Place of Expiry Date

Place NEGOTIATING BANK

51A Applicant Bank BIC BANKERS OF MDLMUMBAI

50 Applicant Name amp Address MAZAGON DOCK SHIPBUILDERS LTD

DOCKYARD ROAD MAZAGON MUMBAI ndash

400 010

59 Beneficiary Name amp Address

32B Currency Code Amount

Currency

Amount

39A Percentage Credit Amount Tolerance

Tolerance 1

Tolerance 2

41D Available with hellipByhellip Name amp Address

42C Draft at hellip Narrative SIGHTNEGOTIATION

42D Drawee Name amp Address BANKERS OF MDLMUMBAI

43P Partial Shipments Narrative ALLOWEDNOT ALLOWED

43T Transhipment Narrative ALLOWEDNOT ALLOWED

44A Loading on Board Dispatch Narrative AIRPORT SEAPORT (AS PER TENDER

ENQUIRYORDER)

44B For Transportation to Narrative AIRPORT SEAPORT (AS PER TENDER

ENQUIRYORDER)

44C Latest Date of Shipment Date

46A Documents required Narrative (AS PER TENDER ENQUIRY)

47A Additional conditions Narrative 1 ALL DOCUMENTS SHOULD BE MARKED

WITH IEC CODE NO0388070412 LC NO

AND DATE AND IMPORT UNDER NON-

NEGATIVE LIST OF IMPORT EXPORT

POLICY AM

2 DISCREPANT DOCUMENTS TO BE SENT

STRICTLY ON COLLECTION BASIS

71B Details of charges Narrative ALL FOREIGN BANK CHARGES OUTSIDE

INDIA ARE FOR THE BENEFICIARYrsquoS

ACCOUNT

48 Period for presentation

Narrative

WITHIN ----- DAYS FROM THE DATE OF

BILL OF LADING AIRWAY BILL 49 Confirmation instructions

Instruction

WITHOUT

53D Reimbursing Bank

Name amp Address

BANKERS OF MDL WILL SPECIFY

78 Instructions to the Paying Accepting Bank

Narrative

BANKERS OF MDL WILL SPECIFY 72 Sender to Receiver Information

Narrative

BANKERS OF MDL WILL SPECIFY

GM(M)MTI2000007617Passivation Station

Page 39 of 45

Enclosure-7

PROFORMA BANK GUARANTEE FOR BID BOND EMD

(On Non-Judicial stamp paper of value Rs 500-)

IN CONSIDERATION OF MAZAGON DOCK SHIPBUILDERS LIMTED a company incorporated under the Companies Act 1956 and having its registered office at Dockyard Road Mumbai 400010 (hereinafter referred to as

the ldquothe Companyrdquo which expression shall unless it be repugnant or contrary to the subject or context thereof be

deemed to mean and include its successors and assigns) having agreed to accept the Earnest Money Deposit (EMD)

of Rs--------------------------- -------(Rupees-----------------------------only) in the form of Bank Guarantee from Messers

a partnership firmsole proprietor businessa company registered under the Companies Act 1956

having its office at (hereinafter called the tenderer which expression shall unless it be

repugnant or contrary to the subject or context thereof be deemed to mean and include its successors and assigns) for

participating in the Tender nodated (hereinafter called the tender which expression

shall include any amendmentsalterations to the tender issued by the Company) for the supply delivery at site

installation and commissioning of certain equipment itemservicescivil works etc We

Bank having office at (hereinafter referred to as ldquothe Bankrdquo which

expression shall includes its successors and assigns) hereby agree to pay to the Company without any demur on first

demand an amount not exceeding Rs (Rupeesonly) against any loss or damage costs charges and expenses caused to or suffered by the Company by reason of non performance and non-fulfilment or for

any breach on the part of the tenderer of any of the terms and conditions of the said tender

2 We Bank further agree that the Company shall be sole judge whether the said tenderer has

failed to perform or fulfil the said tender in terms thereof or committed breach of any terms and conditions of the

tender the extent of loss damage cost charges and expenses suffered or incurred or would be suffered or incurred by

the Company on account thereof and we waive in the favour of the Company all the rights and defences to which we

as guarantors may be entitled to

3 We Bank further agree that the amount demanded by the Company as such shall be final and

binding on the Bank as to the Bank s liability to pay and the amount demanded and the Bank undertake to pay the

Company the amount so demanded on first demand and without any demur notwithstanding any dispute raised by the

tenderer or any suit or other legal proceedings including arbitration pending before any court tribunal or arbitrator

relating thereto our liability under this guarantee being absolute and unconditional

4 We Bank further agree with the Company that the Company shall have the fullest liberty

without our consent and without affecting in any manner our obligations hereunder to vary any of the terms and

conditions of the said tenderor to extend time of performance by the tenderer from time to time or to postpone for

any time to time any of the powers exercisable by the Company against the tenderer and to forbear to enforce any of

the terms and conditions relating to the tender and we shall not be relieved from our liability by reason of any such

variation or extension being granted to the tenderer or for any forbearance act or omission on the part of the

Company or any indulgence by the Company to the tenderer or by any such matter or things whatsoever which under

the law relating to sureties would have the effect of relieving us

5 We Bank further undertake not to revoke this guarantee during its currency except with

the previous consent of the Company in writing

6 We Bank also agree that the Bankrsquos liability under this guarantee shall not be affected

by any change in the constitution of the tenderer or dissolution or winding up of the business of the tenderer

7 Notwithstanding anything contained herein above

i) Our liability under this guarantee shall not exceed Rs

ii) This Bank Guarantee shall be valid upto and including and

iii) We are liable to pay the guarantee amount or any part thereof under this Bank Guarantee only and only if you

serve upon us a written claim or demand on or before helliphelliphellip (validity + --- weeks from the date of expiry of this

guarantee)

8 This Guarantee shall be governed by Indian laws and the Courts at Mumbai India shall have the exclusive

jurisdiction

GM(M)MTI2000007617Passivation Station

Page 40 of 45

IN WITNESS WHEREOF the Bank has executed this document on this day

of

For Bank

(by its constituted attorney

or the person authorized to sign)

(Signature of a person authorized

to sign on behalf of the Bank)

GM(M)MTI2000007617Passivation Station

Page 41 of 45

Enclosure-8

PROFORMA BANK GUARANTEE FOR SECURITY DEPOSIT (ILLUSTRATIVE FORMAT)

(On Non-Judicial stamp paper of value Rs 500)

IN CONSIDERATION OF MAZAGON DOCK SHIPBUILDERS LIMTED a company incorporated under the

Companies Act 1956 and having its registered office at Dockyard Road Mumbai 400010 (hereinafter referred to as

the ldquothe Purchaserrdquo which expression shall unless it be repugnant or contrary to the subject or context thereof be

deemed to mean and include its successors and assigns) having placed an order on Messers

a partnership firmsole proprietor businessa company registered under the Companies Act 1956

having its office at (hereinafter called the Contractor Supplier which expression shall unless it

be repugnant or contrary to the subject or context thereof be deemed to mean and include its successors and assigns)

vide order No dated (hereinafter called the order which expression shall include any

amendmentsalterations to the order issued by the Purchaser) for the supply delivery at site installation and

commissioning of certain equipment itemservicescivil works etc as stated in the said Order and the Purchaser

having agreed with the ContractorSupplier to accept a Bank Guarantee in lieu of Security Deposit payable under the

said order for the fulfilment and performance of the said order We Bank having

office at (hereinafter referred to as the Bank which expression shall includes its

successors and assigns) hereby agree to pay to the Purchaser without any demur on first demand an amount not

exceeding Rs (Rupeesonly) being 5 of the order value against any loss or damage costs

charges and expenses caused to or suffered by the Purchaser by reason of non performance and non-fulfilment or for

any breach on the part of the Contractor Supplier of any of the terms and conditions of the said order

2 We Bank further agree that the Purchaser shall be sole judge whether the said

contractorSupplier has failed to perform or fulfil the said order in terms thereof or committed breach of any terms

and conditions of the order and the extent of loss damage cost charges and expenses suffered or incurred or would

be suffered or incurred by the Purchaser on account thereof and we waive in the favour

of the Purchaser all the rights and defences to which we as guarantors may be entitled to

3 We Bank further agree that the amount demanded by the Purchaser as such shall be final and

binding on the Bank as to the Bank s liability to pay and the amount demanded and the Bank undertake to pay the

Purchaser the amount so demanded on first demand and without any demur notwithstanding any dispute raised by the

ContractorSupplier or any suit or other legal proceedings including arbitration pending before any court tribunal or

arbitrator relating thereto our liability under this guarantee being absolute and unconditional

4 We Bank further agree with the Purchaser that the Purchaser shall have the fullest liberty

without our consent and without affecting in any manner our obligations hereunder to vary any of the terms and

conditions of the said orderor to extend time of performance by the Supplier from time to time or to

postpone for any time to time any of the powers exercisable by the Purchaser against the Contractor Supplier and to

forbear to enforce any of the terms and conditions relating to the order and we shall not be relieved from our liability

by reason of any such variation or extension being granted to the Contractor Supplier or for any forbearance act or

omission on the part of the Purchaser or any indulgence by the

Purchaser to the ContractorSupplier or by any such matter or things whatsoever which under the law relating to

sureties would have the effect of relieving us

5 We Bank further undertake not to revoke this guarantee during its currency except with

the previous consent of the Purchaser in writing

6 We Bank also agree that the Bankrsquos liability under this guarantee shall not be affected

by any change in the constitution of the Contractor Supplier or dissolution or winding up of the business of the

contractor supplier

7 Notwithstanding anything contained herein above

i) Our liability under this guarantee shall not exceed Rs

ii) This Bank Guarantee shall be valid upto and including and

GM(M)MTI2000007617Passivation Station

Page 42 of 45

iii) We are liable to pay the guarantee amount or any part thereof under this Bank Guarantee only and only if you

serve upon us a written claim or demand on or before helliphelliphelliphellip(validity + ---weeks from the date of expiry of this

guarantee)

8 This Guarantee shall be governed by Indian laws and the Courts at Mumbai India

shall have the exclusive jurisdiction

IN WITNESS WHEREOF the Bank has executed this document on

this day of

For Bank

(by its constituted attorney)

(Signature of a person authorised

to sign on behalf of the Bank)

GM(M)MTI2000007617Passivation Station

Page 43 of 45

Enclosure-9

PROFORMA BANK GUARANTEE FOR PERFORMANCE (ILLUSTRATIVE FORMAT)

(On Non-Judicial stamp paper of value Rs 500-)

IN CONSIDERATION OF MAZAGON DOCK SHIPBUILDERS LIMTED a company incorporated under the

Companies Act 1956 and having its registered office at Dockyard Road Mumbai 400010 (hereinafter referred to as

the ldquothe Purchaserrdquo which expression shall unless it be repugnant or contrary to the subject or context thereof be

deemed to mean and include its successors and assigns) having placed an order on Messers a

partnership firmsole proprietor businessa company registered under the Companies Act 1956 having its Registered

office at (hereinafter called the Contractor Supplier which expression shall unless it be

repugnant or contrary to the subject or context thereof be deemed to mean and include its successors and assigns)

vide order No dated (hereinafter called the order which expression shall include any

amendmentsalterations to the order issued by the Purchaser) for the supply delivery at site installation and

commissioning of certain equipment itemservicescivil works etc as stated in the said Order and the Purchaser

having agreed that the Contractor Supplier shall furnish a security for the performance of the Contractorrsquos

Suppliers obligations andor discharge of the Contractorrsquos Suppliers liability in connection with the said order and

the Purchaser having agreed with the ContractorSupplier to accept a performance guarantee We

Bank having office at (hereinafter referred to as the

Bank which expression shall includes its successors and assigns) hereby agree to pay to the Purchaser without any

demur on first demand an amount not exceeding Rs (Rupeesonly) being 10 of the order

value against any loss or damage costs charges and expenses caused to or suffered by the Purchaser by reason of

non-performance and non-fulfilment or for any breach on the part of the Contractor Supplier of any of the terms and

conditions of the said order

2 We Bank further agree that the Purchaser shall be sole judge whether the said

ContractorSupplier has failed to perform or fulfil the said order in terms thereof or committed breach of any terms

and conditions of the order and the extent of loss damage cost charges and expenses suffered or incurred or would

be suffered or incurred by the Purchaser on account thereof and we waive in the favour of

the Purchaser all the rights and defences to which we as guarantors may be entitled to

3 We Bank further agree that the amount demanded by the Purchaser as such shall be final and

binding on the Bank as to the Bank s liability to pay and the amount demanded and the Bank undertake to pay the

Purchaser the amount so demanded on first demand and without any demur otwithstanding any dispute raised by the

ContractorSupplier or any suit or other legal proceedings including arbitration pending before any court tribunal or

arbitrator relating thereto our liability under this guarantee being absolute and unconditional

4 We Bank further agree with the Purchaser that the Purchaser shall have the fullest liberty

without our consent and without affecting in any manner our obligations hereunder to vary any of the terms and

conditions of the said orderor to extend time of performance by the Supplier from time to time or to postpone for

any time to time any of the powers exercisable by the Purchaser against the Contractor

Supplier and to forbear to enforce any of the terms and conditions relating to the order and we shall not be relieved

from our liability by reason of any such variation or extension being granted to the Contractor Supplier or for any

forbearance act or omission on the part of the Purchaser or any indulgence by the Purchaser to the

ContractorSupplier or by any such matter or things whatsoever which under the law

relating to sureties would have the effect of relieving us

5 We Bank further undertake not to revoke this guarantee during its currency except with

the previous consent of the Purchaser in writing

6 We Bank also agree that the Bankrsquos liability under this guarantee shall not be affected

by any change in the constitution of the Contractor Supplier or

dissolutionhelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

7 Notwithstanding anything contained herein above

i) Our liability under this guarantee shall not exceed Rs

ii) This Bank Guarantee shall be valid upto and including and

GM(M)MTI2000007617Passivation Station

Page 44 of 45

iii) We are liable to pay the guarantee amount or any part thereof under this Bank Guarantee only and only if you

serve upon us a written claim or demand on or before helliphelliphellip (validity + ---weeks from the date of expiry of this

guarantee)

8 This Guarantee shall be governed by Indian laws and the Courts at Mumbai India shall have the exclusive

jurisdiction

IN WITNESS WHEREOF the Bank has executed this document on

this day of

For Bank

(by its constituted attorney)

(Signature of a person authorised

to sign on behalf of the Bank)

GM(M)MTI2000007617Passivation Station

Page 45 of 45

Enclosure-10

Electronic Payment Mandate Form

(MDL Bank details)

Name of the CompanyFirm Mazagon Dock Shipbuilders Limited

Address with Phone no Dockyard Road Mumbai ndash 400010

E-Mail ID

Phone No +91 22 23745310

Fax No

Particulars of Bank Account

Name of the Bank State Bank of India

Name of the Branch Mazagon Dock Mumbai Branch

Branch Code 9054

Bank IFSC NEFT Code SBIN0009054

Bank Address MBPT Workshop building NV Nakhwa Road Mazagon - 400010

City Name Mumbai

Telephone No of Bank +91 22 23752802

9 digit code no of bank amp branch

appearing on the MICR cheque

issued by your bank

400002120

Type of Account Current Account

Account No 10005255246

Income Tax PAN No AAACM8029J

Page 39: Final Tender - Mazagon Dock Shipbuilders...DIVISION-SHIP BUILDING DEPARTMENT-MATERIAL PROCUREMENT Tender no.: GM(M)/MTI/2000007617 for the Engineering, Manufacturing, Supply/Installation,

GM(M)MTI2000007617Passivation Station

Page 39 of 45

Enclosure-7

PROFORMA BANK GUARANTEE FOR BID BOND EMD

(On Non-Judicial stamp paper of value Rs 500-)

IN CONSIDERATION OF MAZAGON DOCK SHIPBUILDERS LIMTED a company incorporated under the Companies Act 1956 and having its registered office at Dockyard Road Mumbai 400010 (hereinafter referred to as

the ldquothe Companyrdquo which expression shall unless it be repugnant or contrary to the subject or context thereof be

deemed to mean and include its successors and assigns) having agreed to accept the Earnest Money Deposit (EMD)

of Rs--------------------------- -------(Rupees-----------------------------only) in the form of Bank Guarantee from Messers

a partnership firmsole proprietor businessa company registered under the Companies Act 1956

having its office at (hereinafter called the tenderer which expression shall unless it be

repugnant or contrary to the subject or context thereof be deemed to mean and include its successors and assigns) for

participating in the Tender nodated (hereinafter called the tender which expression

shall include any amendmentsalterations to the tender issued by the Company) for the supply delivery at site

installation and commissioning of certain equipment itemservicescivil works etc We

Bank having office at (hereinafter referred to as ldquothe Bankrdquo which

expression shall includes its successors and assigns) hereby agree to pay to the Company without any demur on first

demand an amount not exceeding Rs (Rupeesonly) against any loss or damage costs charges and expenses caused to or suffered by the Company by reason of non performance and non-fulfilment or for

any breach on the part of the tenderer of any of the terms and conditions of the said tender

2 We Bank further agree that the Company shall be sole judge whether the said tenderer has

failed to perform or fulfil the said tender in terms thereof or committed breach of any terms and conditions of the

tender the extent of loss damage cost charges and expenses suffered or incurred or would be suffered or incurred by

the Company on account thereof and we waive in the favour of the Company all the rights and defences to which we

as guarantors may be entitled to

3 We Bank further agree that the amount demanded by the Company as such shall be final and

binding on the Bank as to the Bank s liability to pay and the amount demanded and the Bank undertake to pay the

Company the amount so demanded on first demand and without any demur notwithstanding any dispute raised by the

tenderer or any suit or other legal proceedings including arbitration pending before any court tribunal or arbitrator

relating thereto our liability under this guarantee being absolute and unconditional

4 We Bank further agree with the Company that the Company shall have the fullest liberty

without our consent and without affecting in any manner our obligations hereunder to vary any of the terms and

conditions of the said tenderor to extend time of performance by the tenderer from time to time or to postpone for

any time to time any of the powers exercisable by the Company against the tenderer and to forbear to enforce any of

the terms and conditions relating to the tender and we shall not be relieved from our liability by reason of any such

variation or extension being granted to the tenderer or for any forbearance act or omission on the part of the

Company or any indulgence by the Company to the tenderer or by any such matter or things whatsoever which under

the law relating to sureties would have the effect of relieving us

5 We Bank further undertake not to revoke this guarantee during its currency except with

the previous consent of the Company in writing

6 We Bank also agree that the Bankrsquos liability under this guarantee shall not be affected

by any change in the constitution of the tenderer or dissolution or winding up of the business of the tenderer

7 Notwithstanding anything contained herein above

i) Our liability under this guarantee shall not exceed Rs

ii) This Bank Guarantee shall be valid upto and including and

iii) We are liable to pay the guarantee amount or any part thereof under this Bank Guarantee only and only if you

serve upon us a written claim or demand on or before helliphelliphellip (validity + --- weeks from the date of expiry of this

guarantee)

8 This Guarantee shall be governed by Indian laws and the Courts at Mumbai India shall have the exclusive

jurisdiction

GM(M)MTI2000007617Passivation Station

Page 40 of 45

IN WITNESS WHEREOF the Bank has executed this document on this day

of

For Bank

(by its constituted attorney

or the person authorized to sign)

(Signature of a person authorized

to sign on behalf of the Bank)

GM(M)MTI2000007617Passivation Station

Page 41 of 45

Enclosure-8

PROFORMA BANK GUARANTEE FOR SECURITY DEPOSIT (ILLUSTRATIVE FORMAT)

(On Non-Judicial stamp paper of value Rs 500)

IN CONSIDERATION OF MAZAGON DOCK SHIPBUILDERS LIMTED a company incorporated under the

Companies Act 1956 and having its registered office at Dockyard Road Mumbai 400010 (hereinafter referred to as

the ldquothe Purchaserrdquo which expression shall unless it be repugnant or contrary to the subject or context thereof be

deemed to mean and include its successors and assigns) having placed an order on Messers

a partnership firmsole proprietor businessa company registered under the Companies Act 1956

having its office at (hereinafter called the Contractor Supplier which expression shall unless it

be repugnant or contrary to the subject or context thereof be deemed to mean and include its successors and assigns)

vide order No dated (hereinafter called the order which expression shall include any

amendmentsalterations to the order issued by the Purchaser) for the supply delivery at site installation and

commissioning of certain equipment itemservicescivil works etc as stated in the said Order and the Purchaser

having agreed with the ContractorSupplier to accept a Bank Guarantee in lieu of Security Deposit payable under the

said order for the fulfilment and performance of the said order We Bank having

office at (hereinafter referred to as the Bank which expression shall includes its

successors and assigns) hereby agree to pay to the Purchaser without any demur on first demand an amount not

exceeding Rs (Rupeesonly) being 5 of the order value against any loss or damage costs

charges and expenses caused to or suffered by the Purchaser by reason of non performance and non-fulfilment or for

any breach on the part of the Contractor Supplier of any of the terms and conditions of the said order

2 We Bank further agree that the Purchaser shall be sole judge whether the said

contractorSupplier has failed to perform or fulfil the said order in terms thereof or committed breach of any terms

and conditions of the order and the extent of loss damage cost charges and expenses suffered or incurred or would

be suffered or incurred by the Purchaser on account thereof and we waive in the favour

of the Purchaser all the rights and defences to which we as guarantors may be entitled to

3 We Bank further agree that the amount demanded by the Purchaser as such shall be final and

binding on the Bank as to the Bank s liability to pay and the amount demanded and the Bank undertake to pay the

Purchaser the amount so demanded on first demand and without any demur notwithstanding any dispute raised by the

ContractorSupplier or any suit or other legal proceedings including arbitration pending before any court tribunal or

arbitrator relating thereto our liability under this guarantee being absolute and unconditional

4 We Bank further agree with the Purchaser that the Purchaser shall have the fullest liberty

without our consent and without affecting in any manner our obligations hereunder to vary any of the terms and

conditions of the said orderor to extend time of performance by the Supplier from time to time or to

postpone for any time to time any of the powers exercisable by the Purchaser against the Contractor Supplier and to

forbear to enforce any of the terms and conditions relating to the order and we shall not be relieved from our liability

by reason of any such variation or extension being granted to the Contractor Supplier or for any forbearance act or

omission on the part of the Purchaser or any indulgence by the

Purchaser to the ContractorSupplier or by any such matter or things whatsoever which under the law relating to

sureties would have the effect of relieving us

5 We Bank further undertake not to revoke this guarantee during its currency except with

the previous consent of the Purchaser in writing

6 We Bank also agree that the Bankrsquos liability under this guarantee shall not be affected

by any change in the constitution of the Contractor Supplier or dissolution or winding up of the business of the

contractor supplier

7 Notwithstanding anything contained herein above

i) Our liability under this guarantee shall not exceed Rs

ii) This Bank Guarantee shall be valid upto and including and

GM(M)MTI2000007617Passivation Station

Page 42 of 45

iii) We are liable to pay the guarantee amount or any part thereof under this Bank Guarantee only and only if you

serve upon us a written claim or demand on or before helliphelliphelliphellip(validity + ---weeks from the date of expiry of this

guarantee)

8 This Guarantee shall be governed by Indian laws and the Courts at Mumbai India

shall have the exclusive jurisdiction

IN WITNESS WHEREOF the Bank has executed this document on

this day of

For Bank

(by its constituted attorney)

(Signature of a person authorised

to sign on behalf of the Bank)

GM(M)MTI2000007617Passivation Station

Page 43 of 45

Enclosure-9

PROFORMA BANK GUARANTEE FOR PERFORMANCE (ILLUSTRATIVE FORMAT)

(On Non-Judicial stamp paper of value Rs 500-)

IN CONSIDERATION OF MAZAGON DOCK SHIPBUILDERS LIMTED a company incorporated under the

Companies Act 1956 and having its registered office at Dockyard Road Mumbai 400010 (hereinafter referred to as

the ldquothe Purchaserrdquo which expression shall unless it be repugnant or contrary to the subject or context thereof be

deemed to mean and include its successors and assigns) having placed an order on Messers a

partnership firmsole proprietor businessa company registered under the Companies Act 1956 having its Registered

office at (hereinafter called the Contractor Supplier which expression shall unless it be

repugnant or contrary to the subject or context thereof be deemed to mean and include its successors and assigns)

vide order No dated (hereinafter called the order which expression shall include any

amendmentsalterations to the order issued by the Purchaser) for the supply delivery at site installation and

commissioning of certain equipment itemservicescivil works etc as stated in the said Order and the Purchaser

having agreed that the Contractor Supplier shall furnish a security for the performance of the Contractorrsquos

Suppliers obligations andor discharge of the Contractorrsquos Suppliers liability in connection with the said order and

the Purchaser having agreed with the ContractorSupplier to accept a performance guarantee We

Bank having office at (hereinafter referred to as the

Bank which expression shall includes its successors and assigns) hereby agree to pay to the Purchaser without any

demur on first demand an amount not exceeding Rs (Rupeesonly) being 10 of the order

value against any loss or damage costs charges and expenses caused to or suffered by the Purchaser by reason of

non-performance and non-fulfilment or for any breach on the part of the Contractor Supplier of any of the terms and

conditions of the said order

2 We Bank further agree that the Purchaser shall be sole judge whether the said

ContractorSupplier has failed to perform or fulfil the said order in terms thereof or committed breach of any terms

and conditions of the order and the extent of loss damage cost charges and expenses suffered or incurred or would

be suffered or incurred by the Purchaser on account thereof and we waive in the favour of

the Purchaser all the rights and defences to which we as guarantors may be entitled to

3 We Bank further agree that the amount demanded by the Purchaser as such shall be final and

binding on the Bank as to the Bank s liability to pay and the amount demanded and the Bank undertake to pay the

Purchaser the amount so demanded on first demand and without any demur otwithstanding any dispute raised by the

ContractorSupplier or any suit or other legal proceedings including arbitration pending before any court tribunal or

arbitrator relating thereto our liability under this guarantee being absolute and unconditional

4 We Bank further agree with the Purchaser that the Purchaser shall have the fullest liberty

without our consent and without affecting in any manner our obligations hereunder to vary any of the terms and

conditions of the said orderor to extend time of performance by the Supplier from time to time or to postpone for

any time to time any of the powers exercisable by the Purchaser against the Contractor

Supplier and to forbear to enforce any of the terms and conditions relating to the order and we shall not be relieved

from our liability by reason of any such variation or extension being granted to the Contractor Supplier or for any

forbearance act or omission on the part of the Purchaser or any indulgence by the Purchaser to the

ContractorSupplier or by any such matter or things whatsoever which under the law

relating to sureties would have the effect of relieving us

5 We Bank further undertake not to revoke this guarantee during its currency except with

the previous consent of the Purchaser in writing

6 We Bank also agree that the Bankrsquos liability under this guarantee shall not be affected

by any change in the constitution of the Contractor Supplier or

dissolutionhelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

7 Notwithstanding anything contained herein above

i) Our liability under this guarantee shall not exceed Rs

ii) This Bank Guarantee shall be valid upto and including and

GM(M)MTI2000007617Passivation Station

Page 44 of 45

iii) We are liable to pay the guarantee amount or any part thereof under this Bank Guarantee only and only if you

serve upon us a written claim or demand on or before helliphelliphellip (validity + ---weeks from the date of expiry of this

guarantee)

8 This Guarantee shall be governed by Indian laws and the Courts at Mumbai India shall have the exclusive

jurisdiction

IN WITNESS WHEREOF the Bank has executed this document on

this day of

For Bank

(by its constituted attorney)

(Signature of a person authorised

to sign on behalf of the Bank)

GM(M)MTI2000007617Passivation Station

Page 45 of 45

Enclosure-10

Electronic Payment Mandate Form

(MDL Bank details)

Name of the CompanyFirm Mazagon Dock Shipbuilders Limited

Address with Phone no Dockyard Road Mumbai ndash 400010

E-Mail ID

Phone No +91 22 23745310

Fax No

Particulars of Bank Account

Name of the Bank State Bank of India

Name of the Branch Mazagon Dock Mumbai Branch

Branch Code 9054

Bank IFSC NEFT Code SBIN0009054

Bank Address MBPT Workshop building NV Nakhwa Road Mazagon - 400010

City Name Mumbai

Telephone No of Bank +91 22 23752802

9 digit code no of bank amp branch

appearing on the MICR cheque

issued by your bank

400002120

Type of Account Current Account

Account No 10005255246

Income Tax PAN No AAACM8029J

Page 40: Final Tender - Mazagon Dock Shipbuilders...DIVISION-SHIP BUILDING DEPARTMENT-MATERIAL PROCUREMENT Tender no.: GM(M)/MTI/2000007617 for the Engineering, Manufacturing, Supply/Installation,

GM(M)MTI2000007617Passivation Station

Page 40 of 45

IN WITNESS WHEREOF the Bank has executed this document on this day

of

For Bank

(by its constituted attorney

or the person authorized to sign)

(Signature of a person authorized

to sign on behalf of the Bank)

GM(M)MTI2000007617Passivation Station

Page 41 of 45

Enclosure-8

PROFORMA BANK GUARANTEE FOR SECURITY DEPOSIT (ILLUSTRATIVE FORMAT)

(On Non-Judicial stamp paper of value Rs 500)

IN CONSIDERATION OF MAZAGON DOCK SHIPBUILDERS LIMTED a company incorporated under the

Companies Act 1956 and having its registered office at Dockyard Road Mumbai 400010 (hereinafter referred to as

the ldquothe Purchaserrdquo which expression shall unless it be repugnant or contrary to the subject or context thereof be

deemed to mean and include its successors and assigns) having placed an order on Messers

a partnership firmsole proprietor businessa company registered under the Companies Act 1956

having its office at (hereinafter called the Contractor Supplier which expression shall unless it

be repugnant or contrary to the subject or context thereof be deemed to mean and include its successors and assigns)

vide order No dated (hereinafter called the order which expression shall include any

amendmentsalterations to the order issued by the Purchaser) for the supply delivery at site installation and

commissioning of certain equipment itemservicescivil works etc as stated in the said Order and the Purchaser

having agreed with the ContractorSupplier to accept a Bank Guarantee in lieu of Security Deposit payable under the

said order for the fulfilment and performance of the said order We Bank having

office at (hereinafter referred to as the Bank which expression shall includes its

successors and assigns) hereby agree to pay to the Purchaser without any demur on first demand an amount not

exceeding Rs (Rupeesonly) being 5 of the order value against any loss or damage costs

charges and expenses caused to or suffered by the Purchaser by reason of non performance and non-fulfilment or for

any breach on the part of the Contractor Supplier of any of the terms and conditions of the said order

2 We Bank further agree that the Purchaser shall be sole judge whether the said

contractorSupplier has failed to perform or fulfil the said order in terms thereof or committed breach of any terms

and conditions of the order and the extent of loss damage cost charges and expenses suffered or incurred or would

be suffered or incurred by the Purchaser on account thereof and we waive in the favour

of the Purchaser all the rights and defences to which we as guarantors may be entitled to

3 We Bank further agree that the amount demanded by the Purchaser as such shall be final and

binding on the Bank as to the Bank s liability to pay and the amount demanded and the Bank undertake to pay the

Purchaser the amount so demanded on first demand and without any demur notwithstanding any dispute raised by the

ContractorSupplier or any suit or other legal proceedings including arbitration pending before any court tribunal or

arbitrator relating thereto our liability under this guarantee being absolute and unconditional

4 We Bank further agree with the Purchaser that the Purchaser shall have the fullest liberty

without our consent and without affecting in any manner our obligations hereunder to vary any of the terms and

conditions of the said orderor to extend time of performance by the Supplier from time to time or to

postpone for any time to time any of the powers exercisable by the Purchaser against the Contractor Supplier and to

forbear to enforce any of the terms and conditions relating to the order and we shall not be relieved from our liability

by reason of any such variation or extension being granted to the Contractor Supplier or for any forbearance act or

omission on the part of the Purchaser or any indulgence by the

Purchaser to the ContractorSupplier or by any such matter or things whatsoever which under the law relating to

sureties would have the effect of relieving us

5 We Bank further undertake not to revoke this guarantee during its currency except with

the previous consent of the Purchaser in writing

6 We Bank also agree that the Bankrsquos liability under this guarantee shall not be affected

by any change in the constitution of the Contractor Supplier or dissolution or winding up of the business of the

contractor supplier

7 Notwithstanding anything contained herein above

i) Our liability under this guarantee shall not exceed Rs

ii) This Bank Guarantee shall be valid upto and including and

GM(M)MTI2000007617Passivation Station

Page 42 of 45

iii) We are liable to pay the guarantee amount or any part thereof under this Bank Guarantee only and only if you

serve upon us a written claim or demand on or before helliphelliphelliphellip(validity + ---weeks from the date of expiry of this

guarantee)

8 This Guarantee shall be governed by Indian laws and the Courts at Mumbai India

shall have the exclusive jurisdiction

IN WITNESS WHEREOF the Bank has executed this document on

this day of

For Bank

(by its constituted attorney)

(Signature of a person authorised

to sign on behalf of the Bank)

GM(M)MTI2000007617Passivation Station

Page 43 of 45

Enclosure-9

PROFORMA BANK GUARANTEE FOR PERFORMANCE (ILLUSTRATIVE FORMAT)

(On Non-Judicial stamp paper of value Rs 500-)

IN CONSIDERATION OF MAZAGON DOCK SHIPBUILDERS LIMTED a company incorporated under the

Companies Act 1956 and having its registered office at Dockyard Road Mumbai 400010 (hereinafter referred to as

the ldquothe Purchaserrdquo which expression shall unless it be repugnant or contrary to the subject or context thereof be

deemed to mean and include its successors and assigns) having placed an order on Messers a

partnership firmsole proprietor businessa company registered under the Companies Act 1956 having its Registered

office at (hereinafter called the Contractor Supplier which expression shall unless it be

repugnant or contrary to the subject or context thereof be deemed to mean and include its successors and assigns)

vide order No dated (hereinafter called the order which expression shall include any

amendmentsalterations to the order issued by the Purchaser) for the supply delivery at site installation and

commissioning of certain equipment itemservicescivil works etc as stated in the said Order and the Purchaser

having agreed that the Contractor Supplier shall furnish a security for the performance of the Contractorrsquos

Suppliers obligations andor discharge of the Contractorrsquos Suppliers liability in connection with the said order and

the Purchaser having agreed with the ContractorSupplier to accept a performance guarantee We

Bank having office at (hereinafter referred to as the

Bank which expression shall includes its successors and assigns) hereby agree to pay to the Purchaser without any

demur on first demand an amount not exceeding Rs (Rupeesonly) being 10 of the order

value against any loss or damage costs charges and expenses caused to or suffered by the Purchaser by reason of

non-performance and non-fulfilment or for any breach on the part of the Contractor Supplier of any of the terms and

conditions of the said order

2 We Bank further agree that the Purchaser shall be sole judge whether the said

ContractorSupplier has failed to perform or fulfil the said order in terms thereof or committed breach of any terms

and conditions of the order and the extent of loss damage cost charges and expenses suffered or incurred or would

be suffered or incurred by the Purchaser on account thereof and we waive in the favour of

the Purchaser all the rights and defences to which we as guarantors may be entitled to

3 We Bank further agree that the amount demanded by the Purchaser as such shall be final and

binding on the Bank as to the Bank s liability to pay and the amount demanded and the Bank undertake to pay the

Purchaser the amount so demanded on first demand and without any demur otwithstanding any dispute raised by the

ContractorSupplier or any suit or other legal proceedings including arbitration pending before any court tribunal or

arbitrator relating thereto our liability under this guarantee being absolute and unconditional

4 We Bank further agree with the Purchaser that the Purchaser shall have the fullest liberty

without our consent and without affecting in any manner our obligations hereunder to vary any of the terms and

conditions of the said orderor to extend time of performance by the Supplier from time to time or to postpone for

any time to time any of the powers exercisable by the Purchaser against the Contractor

Supplier and to forbear to enforce any of the terms and conditions relating to the order and we shall not be relieved

from our liability by reason of any such variation or extension being granted to the Contractor Supplier or for any

forbearance act or omission on the part of the Purchaser or any indulgence by the Purchaser to the

ContractorSupplier or by any such matter or things whatsoever which under the law

relating to sureties would have the effect of relieving us

5 We Bank further undertake not to revoke this guarantee during its currency except with

the previous consent of the Purchaser in writing

6 We Bank also agree that the Bankrsquos liability under this guarantee shall not be affected

by any change in the constitution of the Contractor Supplier or

dissolutionhelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

7 Notwithstanding anything contained herein above

i) Our liability under this guarantee shall not exceed Rs

ii) This Bank Guarantee shall be valid upto and including and

GM(M)MTI2000007617Passivation Station

Page 44 of 45

iii) We are liable to pay the guarantee amount or any part thereof under this Bank Guarantee only and only if you

serve upon us a written claim or demand on or before helliphelliphellip (validity + ---weeks from the date of expiry of this

guarantee)

8 This Guarantee shall be governed by Indian laws and the Courts at Mumbai India shall have the exclusive

jurisdiction

IN WITNESS WHEREOF the Bank has executed this document on

this day of

For Bank

(by its constituted attorney)

(Signature of a person authorised

to sign on behalf of the Bank)

GM(M)MTI2000007617Passivation Station

Page 45 of 45

Enclosure-10

Electronic Payment Mandate Form

(MDL Bank details)

Name of the CompanyFirm Mazagon Dock Shipbuilders Limited

Address with Phone no Dockyard Road Mumbai ndash 400010

E-Mail ID

Phone No +91 22 23745310

Fax No

Particulars of Bank Account

Name of the Bank State Bank of India

Name of the Branch Mazagon Dock Mumbai Branch

Branch Code 9054

Bank IFSC NEFT Code SBIN0009054

Bank Address MBPT Workshop building NV Nakhwa Road Mazagon - 400010

City Name Mumbai

Telephone No of Bank +91 22 23752802

9 digit code no of bank amp branch

appearing on the MICR cheque

issued by your bank

400002120

Type of Account Current Account

Account No 10005255246

Income Tax PAN No AAACM8029J

Page 41: Final Tender - Mazagon Dock Shipbuilders...DIVISION-SHIP BUILDING DEPARTMENT-MATERIAL PROCUREMENT Tender no.: GM(M)/MTI/2000007617 for the Engineering, Manufacturing, Supply/Installation,

GM(M)MTI2000007617Passivation Station

Page 41 of 45

Enclosure-8

PROFORMA BANK GUARANTEE FOR SECURITY DEPOSIT (ILLUSTRATIVE FORMAT)

(On Non-Judicial stamp paper of value Rs 500)

IN CONSIDERATION OF MAZAGON DOCK SHIPBUILDERS LIMTED a company incorporated under the

Companies Act 1956 and having its registered office at Dockyard Road Mumbai 400010 (hereinafter referred to as

the ldquothe Purchaserrdquo which expression shall unless it be repugnant or contrary to the subject or context thereof be

deemed to mean and include its successors and assigns) having placed an order on Messers

a partnership firmsole proprietor businessa company registered under the Companies Act 1956

having its office at (hereinafter called the Contractor Supplier which expression shall unless it

be repugnant or contrary to the subject or context thereof be deemed to mean and include its successors and assigns)

vide order No dated (hereinafter called the order which expression shall include any

amendmentsalterations to the order issued by the Purchaser) for the supply delivery at site installation and

commissioning of certain equipment itemservicescivil works etc as stated in the said Order and the Purchaser

having agreed with the ContractorSupplier to accept a Bank Guarantee in lieu of Security Deposit payable under the

said order for the fulfilment and performance of the said order We Bank having

office at (hereinafter referred to as the Bank which expression shall includes its

successors and assigns) hereby agree to pay to the Purchaser without any demur on first demand an amount not

exceeding Rs (Rupeesonly) being 5 of the order value against any loss or damage costs

charges and expenses caused to or suffered by the Purchaser by reason of non performance and non-fulfilment or for

any breach on the part of the Contractor Supplier of any of the terms and conditions of the said order

2 We Bank further agree that the Purchaser shall be sole judge whether the said

contractorSupplier has failed to perform or fulfil the said order in terms thereof or committed breach of any terms

and conditions of the order and the extent of loss damage cost charges and expenses suffered or incurred or would

be suffered or incurred by the Purchaser on account thereof and we waive in the favour

of the Purchaser all the rights and defences to which we as guarantors may be entitled to

3 We Bank further agree that the amount demanded by the Purchaser as such shall be final and

binding on the Bank as to the Bank s liability to pay and the amount demanded and the Bank undertake to pay the

Purchaser the amount so demanded on first demand and without any demur notwithstanding any dispute raised by the

ContractorSupplier or any suit or other legal proceedings including arbitration pending before any court tribunal or

arbitrator relating thereto our liability under this guarantee being absolute and unconditional

4 We Bank further agree with the Purchaser that the Purchaser shall have the fullest liberty

without our consent and without affecting in any manner our obligations hereunder to vary any of the terms and

conditions of the said orderor to extend time of performance by the Supplier from time to time or to

postpone for any time to time any of the powers exercisable by the Purchaser against the Contractor Supplier and to

forbear to enforce any of the terms and conditions relating to the order and we shall not be relieved from our liability

by reason of any such variation or extension being granted to the Contractor Supplier or for any forbearance act or

omission on the part of the Purchaser or any indulgence by the

Purchaser to the ContractorSupplier or by any such matter or things whatsoever which under the law relating to

sureties would have the effect of relieving us

5 We Bank further undertake not to revoke this guarantee during its currency except with

the previous consent of the Purchaser in writing

6 We Bank also agree that the Bankrsquos liability under this guarantee shall not be affected

by any change in the constitution of the Contractor Supplier or dissolution or winding up of the business of the

contractor supplier

7 Notwithstanding anything contained herein above

i) Our liability under this guarantee shall not exceed Rs

ii) This Bank Guarantee shall be valid upto and including and

GM(M)MTI2000007617Passivation Station

Page 42 of 45

iii) We are liable to pay the guarantee amount or any part thereof under this Bank Guarantee only and only if you

serve upon us a written claim or demand on or before helliphelliphelliphellip(validity + ---weeks from the date of expiry of this

guarantee)

8 This Guarantee shall be governed by Indian laws and the Courts at Mumbai India

shall have the exclusive jurisdiction

IN WITNESS WHEREOF the Bank has executed this document on

this day of

For Bank

(by its constituted attorney)

(Signature of a person authorised

to sign on behalf of the Bank)

GM(M)MTI2000007617Passivation Station

Page 43 of 45

Enclosure-9

PROFORMA BANK GUARANTEE FOR PERFORMANCE (ILLUSTRATIVE FORMAT)

(On Non-Judicial stamp paper of value Rs 500-)

IN CONSIDERATION OF MAZAGON DOCK SHIPBUILDERS LIMTED a company incorporated under the

Companies Act 1956 and having its registered office at Dockyard Road Mumbai 400010 (hereinafter referred to as

the ldquothe Purchaserrdquo which expression shall unless it be repugnant or contrary to the subject or context thereof be

deemed to mean and include its successors and assigns) having placed an order on Messers a

partnership firmsole proprietor businessa company registered under the Companies Act 1956 having its Registered

office at (hereinafter called the Contractor Supplier which expression shall unless it be

repugnant or contrary to the subject or context thereof be deemed to mean and include its successors and assigns)

vide order No dated (hereinafter called the order which expression shall include any

amendmentsalterations to the order issued by the Purchaser) for the supply delivery at site installation and

commissioning of certain equipment itemservicescivil works etc as stated in the said Order and the Purchaser

having agreed that the Contractor Supplier shall furnish a security for the performance of the Contractorrsquos

Suppliers obligations andor discharge of the Contractorrsquos Suppliers liability in connection with the said order and

the Purchaser having agreed with the ContractorSupplier to accept a performance guarantee We

Bank having office at (hereinafter referred to as the

Bank which expression shall includes its successors and assigns) hereby agree to pay to the Purchaser without any

demur on first demand an amount not exceeding Rs (Rupeesonly) being 10 of the order

value against any loss or damage costs charges and expenses caused to or suffered by the Purchaser by reason of

non-performance and non-fulfilment or for any breach on the part of the Contractor Supplier of any of the terms and

conditions of the said order

2 We Bank further agree that the Purchaser shall be sole judge whether the said

ContractorSupplier has failed to perform or fulfil the said order in terms thereof or committed breach of any terms

and conditions of the order and the extent of loss damage cost charges and expenses suffered or incurred or would

be suffered or incurred by the Purchaser on account thereof and we waive in the favour of

the Purchaser all the rights and defences to which we as guarantors may be entitled to

3 We Bank further agree that the amount demanded by the Purchaser as such shall be final and

binding on the Bank as to the Bank s liability to pay and the amount demanded and the Bank undertake to pay the

Purchaser the amount so demanded on first demand and without any demur otwithstanding any dispute raised by the

ContractorSupplier or any suit or other legal proceedings including arbitration pending before any court tribunal or

arbitrator relating thereto our liability under this guarantee being absolute and unconditional

4 We Bank further agree with the Purchaser that the Purchaser shall have the fullest liberty

without our consent and without affecting in any manner our obligations hereunder to vary any of the terms and

conditions of the said orderor to extend time of performance by the Supplier from time to time or to postpone for

any time to time any of the powers exercisable by the Purchaser against the Contractor

Supplier and to forbear to enforce any of the terms and conditions relating to the order and we shall not be relieved

from our liability by reason of any such variation or extension being granted to the Contractor Supplier or for any

forbearance act or omission on the part of the Purchaser or any indulgence by the Purchaser to the

ContractorSupplier or by any such matter or things whatsoever which under the law

relating to sureties would have the effect of relieving us

5 We Bank further undertake not to revoke this guarantee during its currency except with

the previous consent of the Purchaser in writing

6 We Bank also agree that the Bankrsquos liability under this guarantee shall not be affected

by any change in the constitution of the Contractor Supplier or

dissolutionhelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

7 Notwithstanding anything contained herein above

i) Our liability under this guarantee shall not exceed Rs

ii) This Bank Guarantee shall be valid upto and including and

GM(M)MTI2000007617Passivation Station

Page 44 of 45

iii) We are liable to pay the guarantee amount or any part thereof under this Bank Guarantee only and only if you

serve upon us a written claim or demand on or before helliphelliphellip (validity + ---weeks from the date of expiry of this

guarantee)

8 This Guarantee shall be governed by Indian laws and the Courts at Mumbai India shall have the exclusive

jurisdiction

IN WITNESS WHEREOF the Bank has executed this document on

this day of

For Bank

(by its constituted attorney)

(Signature of a person authorised

to sign on behalf of the Bank)

GM(M)MTI2000007617Passivation Station

Page 45 of 45

Enclosure-10

Electronic Payment Mandate Form

(MDL Bank details)

Name of the CompanyFirm Mazagon Dock Shipbuilders Limited

Address with Phone no Dockyard Road Mumbai ndash 400010

E-Mail ID

Phone No +91 22 23745310

Fax No

Particulars of Bank Account

Name of the Bank State Bank of India

Name of the Branch Mazagon Dock Mumbai Branch

Branch Code 9054

Bank IFSC NEFT Code SBIN0009054

Bank Address MBPT Workshop building NV Nakhwa Road Mazagon - 400010

City Name Mumbai

Telephone No of Bank +91 22 23752802

9 digit code no of bank amp branch

appearing on the MICR cheque

issued by your bank

400002120

Type of Account Current Account

Account No 10005255246

Income Tax PAN No AAACM8029J

Page 42: Final Tender - Mazagon Dock Shipbuilders...DIVISION-SHIP BUILDING DEPARTMENT-MATERIAL PROCUREMENT Tender no.: GM(M)/MTI/2000007617 for the Engineering, Manufacturing, Supply/Installation,

GM(M)MTI2000007617Passivation Station

Page 42 of 45

iii) We are liable to pay the guarantee amount or any part thereof under this Bank Guarantee only and only if you

serve upon us a written claim or demand on or before helliphelliphelliphellip(validity + ---weeks from the date of expiry of this

guarantee)

8 This Guarantee shall be governed by Indian laws and the Courts at Mumbai India

shall have the exclusive jurisdiction

IN WITNESS WHEREOF the Bank has executed this document on

this day of

For Bank

(by its constituted attorney)

(Signature of a person authorised

to sign on behalf of the Bank)

GM(M)MTI2000007617Passivation Station

Page 43 of 45

Enclosure-9

PROFORMA BANK GUARANTEE FOR PERFORMANCE (ILLUSTRATIVE FORMAT)

(On Non-Judicial stamp paper of value Rs 500-)

IN CONSIDERATION OF MAZAGON DOCK SHIPBUILDERS LIMTED a company incorporated under the

Companies Act 1956 and having its registered office at Dockyard Road Mumbai 400010 (hereinafter referred to as

the ldquothe Purchaserrdquo which expression shall unless it be repugnant or contrary to the subject or context thereof be

deemed to mean and include its successors and assigns) having placed an order on Messers a

partnership firmsole proprietor businessa company registered under the Companies Act 1956 having its Registered

office at (hereinafter called the Contractor Supplier which expression shall unless it be

repugnant or contrary to the subject or context thereof be deemed to mean and include its successors and assigns)

vide order No dated (hereinafter called the order which expression shall include any

amendmentsalterations to the order issued by the Purchaser) for the supply delivery at site installation and

commissioning of certain equipment itemservicescivil works etc as stated in the said Order and the Purchaser

having agreed that the Contractor Supplier shall furnish a security for the performance of the Contractorrsquos

Suppliers obligations andor discharge of the Contractorrsquos Suppliers liability in connection with the said order and

the Purchaser having agreed with the ContractorSupplier to accept a performance guarantee We

Bank having office at (hereinafter referred to as the

Bank which expression shall includes its successors and assigns) hereby agree to pay to the Purchaser without any

demur on first demand an amount not exceeding Rs (Rupeesonly) being 10 of the order

value against any loss or damage costs charges and expenses caused to or suffered by the Purchaser by reason of

non-performance and non-fulfilment or for any breach on the part of the Contractor Supplier of any of the terms and

conditions of the said order

2 We Bank further agree that the Purchaser shall be sole judge whether the said

ContractorSupplier has failed to perform or fulfil the said order in terms thereof or committed breach of any terms

and conditions of the order and the extent of loss damage cost charges and expenses suffered or incurred or would

be suffered or incurred by the Purchaser on account thereof and we waive in the favour of

the Purchaser all the rights and defences to which we as guarantors may be entitled to

3 We Bank further agree that the amount demanded by the Purchaser as such shall be final and

binding on the Bank as to the Bank s liability to pay and the amount demanded and the Bank undertake to pay the

Purchaser the amount so demanded on first demand and without any demur otwithstanding any dispute raised by the

ContractorSupplier or any suit or other legal proceedings including arbitration pending before any court tribunal or

arbitrator relating thereto our liability under this guarantee being absolute and unconditional

4 We Bank further agree with the Purchaser that the Purchaser shall have the fullest liberty

without our consent and without affecting in any manner our obligations hereunder to vary any of the terms and

conditions of the said orderor to extend time of performance by the Supplier from time to time or to postpone for

any time to time any of the powers exercisable by the Purchaser against the Contractor

Supplier and to forbear to enforce any of the terms and conditions relating to the order and we shall not be relieved

from our liability by reason of any such variation or extension being granted to the Contractor Supplier or for any

forbearance act or omission on the part of the Purchaser or any indulgence by the Purchaser to the

ContractorSupplier or by any such matter or things whatsoever which under the law

relating to sureties would have the effect of relieving us

5 We Bank further undertake not to revoke this guarantee during its currency except with

the previous consent of the Purchaser in writing

6 We Bank also agree that the Bankrsquos liability under this guarantee shall not be affected

by any change in the constitution of the Contractor Supplier or

dissolutionhelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

7 Notwithstanding anything contained herein above

i) Our liability under this guarantee shall not exceed Rs

ii) This Bank Guarantee shall be valid upto and including and

GM(M)MTI2000007617Passivation Station

Page 44 of 45

iii) We are liable to pay the guarantee amount or any part thereof under this Bank Guarantee only and only if you

serve upon us a written claim or demand on or before helliphelliphellip (validity + ---weeks from the date of expiry of this

guarantee)

8 This Guarantee shall be governed by Indian laws and the Courts at Mumbai India shall have the exclusive

jurisdiction

IN WITNESS WHEREOF the Bank has executed this document on

this day of

For Bank

(by its constituted attorney)

(Signature of a person authorised

to sign on behalf of the Bank)

GM(M)MTI2000007617Passivation Station

Page 45 of 45

Enclosure-10

Electronic Payment Mandate Form

(MDL Bank details)

Name of the CompanyFirm Mazagon Dock Shipbuilders Limited

Address with Phone no Dockyard Road Mumbai ndash 400010

E-Mail ID

Phone No +91 22 23745310

Fax No

Particulars of Bank Account

Name of the Bank State Bank of India

Name of the Branch Mazagon Dock Mumbai Branch

Branch Code 9054

Bank IFSC NEFT Code SBIN0009054

Bank Address MBPT Workshop building NV Nakhwa Road Mazagon - 400010

City Name Mumbai

Telephone No of Bank +91 22 23752802

9 digit code no of bank amp branch

appearing on the MICR cheque

issued by your bank

400002120

Type of Account Current Account

Account No 10005255246

Income Tax PAN No AAACM8029J

Page 43: Final Tender - Mazagon Dock Shipbuilders...DIVISION-SHIP BUILDING DEPARTMENT-MATERIAL PROCUREMENT Tender no.: GM(M)/MTI/2000007617 for the Engineering, Manufacturing, Supply/Installation,

GM(M)MTI2000007617Passivation Station

Page 43 of 45

Enclosure-9

PROFORMA BANK GUARANTEE FOR PERFORMANCE (ILLUSTRATIVE FORMAT)

(On Non-Judicial stamp paper of value Rs 500-)

IN CONSIDERATION OF MAZAGON DOCK SHIPBUILDERS LIMTED a company incorporated under the

Companies Act 1956 and having its registered office at Dockyard Road Mumbai 400010 (hereinafter referred to as

the ldquothe Purchaserrdquo which expression shall unless it be repugnant or contrary to the subject or context thereof be

deemed to mean and include its successors and assigns) having placed an order on Messers a

partnership firmsole proprietor businessa company registered under the Companies Act 1956 having its Registered

office at (hereinafter called the Contractor Supplier which expression shall unless it be

repugnant or contrary to the subject or context thereof be deemed to mean and include its successors and assigns)

vide order No dated (hereinafter called the order which expression shall include any

amendmentsalterations to the order issued by the Purchaser) for the supply delivery at site installation and

commissioning of certain equipment itemservicescivil works etc as stated in the said Order and the Purchaser

having agreed that the Contractor Supplier shall furnish a security for the performance of the Contractorrsquos

Suppliers obligations andor discharge of the Contractorrsquos Suppliers liability in connection with the said order and

the Purchaser having agreed with the ContractorSupplier to accept a performance guarantee We

Bank having office at (hereinafter referred to as the

Bank which expression shall includes its successors and assigns) hereby agree to pay to the Purchaser without any

demur on first demand an amount not exceeding Rs (Rupeesonly) being 10 of the order

value against any loss or damage costs charges and expenses caused to or suffered by the Purchaser by reason of

non-performance and non-fulfilment or for any breach on the part of the Contractor Supplier of any of the terms and

conditions of the said order

2 We Bank further agree that the Purchaser shall be sole judge whether the said

ContractorSupplier has failed to perform or fulfil the said order in terms thereof or committed breach of any terms

and conditions of the order and the extent of loss damage cost charges and expenses suffered or incurred or would

be suffered or incurred by the Purchaser on account thereof and we waive in the favour of

the Purchaser all the rights and defences to which we as guarantors may be entitled to

3 We Bank further agree that the amount demanded by the Purchaser as such shall be final and

binding on the Bank as to the Bank s liability to pay and the amount demanded and the Bank undertake to pay the

Purchaser the amount so demanded on first demand and without any demur otwithstanding any dispute raised by the

ContractorSupplier or any suit or other legal proceedings including arbitration pending before any court tribunal or

arbitrator relating thereto our liability under this guarantee being absolute and unconditional

4 We Bank further agree with the Purchaser that the Purchaser shall have the fullest liberty

without our consent and without affecting in any manner our obligations hereunder to vary any of the terms and

conditions of the said orderor to extend time of performance by the Supplier from time to time or to postpone for

any time to time any of the powers exercisable by the Purchaser against the Contractor

Supplier and to forbear to enforce any of the terms and conditions relating to the order and we shall not be relieved

from our liability by reason of any such variation or extension being granted to the Contractor Supplier or for any

forbearance act or omission on the part of the Purchaser or any indulgence by the Purchaser to the

ContractorSupplier or by any such matter or things whatsoever which under the law

relating to sureties would have the effect of relieving us

5 We Bank further undertake not to revoke this guarantee during its currency except with

the previous consent of the Purchaser in writing

6 We Bank also agree that the Bankrsquos liability under this guarantee shall not be affected

by any change in the constitution of the Contractor Supplier or

dissolutionhelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip

7 Notwithstanding anything contained herein above

i) Our liability under this guarantee shall not exceed Rs

ii) This Bank Guarantee shall be valid upto and including and

GM(M)MTI2000007617Passivation Station

Page 44 of 45

iii) We are liable to pay the guarantee amount or any part thereof under this Bank Guarantee only and only if you

serve upon us a written claim or demand on or before helliphelliphellip (validity + ---weeks from the date of expiry of this

guarantee)

8 This Guarantee shall be governed by Indian laws and the Courts at Mumbai India shall have the exclusive

jurisdiction

IN WITNESS WHEREOF the Bank has executed this document on

this day of

For Bank

(by its constituted attorney)

(Signature of a person authorised

to sign on behalf of the Bank)

GM(M)MTI2000007617Passivation Station

Page 45 of 45

Enclosure-10

Electronic Payment Mandate Form

(MDL Bank details)

Name of the CompanyFirm Mazagon Dock Shipbuilders Limited

Address with Phone no Dockyard Road Mumbai ndash 400010

E-Mail ID

Phone No +91 22 23745310

Fax No

Particulars of Bank Account

Name of the Bank State Bank of India

Name of the Branch Mazagon Dock Mumbai Branch

Branch Code 9054

Bank IFSC NEFT Code SBIN0009054

Bank Address MBPT Workshop building NV Nakhwa Road Mazagon - 400010

City Name Mumbai

Telephone No of Bank +91 22 23752802

9 digit code no of bank amp branch

appearing on the MICR cheque

issued by your bank

400002120

Type of Account Current Account

Account No 10005255246

Income Tax PAN No AAACM8029J

Page 44: Final Tender - Mazagon Dock Shipbuilders...DIVISION-SHIP BUILDING DEPARTMENT-MATERIAL PROCUREMENT Tender no.: GM(M)/MTI/2000007617 for the Engineering, Manufacturing, Supply/Installation,

GM(M)MTI2000007617Passivation Station

Page 44 of 45

iii) We are liable to pay the guarantee amount or any part thereof under this Bank Guarantee only and only if you

serve upon us a written claim or demand on or before helliphelliphellip (validity + ---weeks from the date of expiry of this

guarantee)

8 This Guarantee shall be governed by Indian laws and the Courts at Mumbai India shall have the exclusive

jurisdiction

IN WITNESS WHEREOF the Bank has executed this document on

this day of

For Bank

(by its constituted attorney)

(Signature of a person authorised

to sign on behalf of the Bank)

GM(M)MTI2000007617Passivation Station

Page 45 of 45

Enclosure-10

Electronic Payment Mandate Form

(MDL Bank details)

Name of the CompanyFirm Mazagon Dock Shipbuilders Limited

Address with Phone no Dockyard Road Mumbai ndash 400010

E-Mail ID

Phone No +91 22 23745310

Fax No

Particulars of Bank Account

Name of the Bank State Bank of India

Name of the Branch Mazagon Dock Mumbai Branch

Branch Code 9054

Bank IFSC NEFT Code SBIN0009054

Bank Address MBPT Workshop building NV Nakhwa Road Mazagon - 400010

City Name Mumbai

Telephone No of Bank +91 22 23752802

9 digit code no of bank amp branch

appearing on the MICR cheque

issued by your bank

400002120

Type of Account Current Account

Account No 10005255246

Income Tax PAN No AAACM8029J

Page 45: Final Tender - Mazagon Dock Shipbuilders...DIVISION-SHIP BUILDING DEPARTMENT-MATERIAL PROCUREMENT Tender no.: GM(M)/MTI/2000007617 for the Engineering, Manufacturing, Supply/Installation,

GM(M)MTI2000007617Passivation Station

Page 45 of 45

Enclosure-10

Electronic Payment Mandate Form

(MDL Bank details)

Name of the CompanyFirm Mazagon Dock Shipbuilders Limited

Address with Phone no Dockyard Road Mumbai ndash 400010

E-Mail ID

Phone No +91 22 23745310

Fax No

Particulars of Bank Account

Name of the Bank State Bank of India

Name of the Branch Mazagon Dock Mumbai Branch

Branch Code 9054

Bank IFSC NEFT Code SBIN0009054

Bank Address MBPT Workshop building NV Nakhwa Road Mazagon - 400010

City Name Mumbai

Telephone No of Bank +91 22 23752802

9 digit code no of bank amp branch

appearing on the MICR cheque

issued by your bank

400002120

Type of Account Current Account

Account No 10005255246

Income Tax PAN No AAACM8029J