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