Page 1 of 30 Mazagon Dock Shipbuilders Limited Formally Mazagon Dock Limited (A Government of India Undertaking) Dockyard Road, Mazagon, Mumbai- 400 010. Division: Shipbuilding, Department: Material Purchase, Tel. No.: 2376 3254/51, Fax No.: 2373 8151 E-Mail : [email protected]Website: www.mazdock.com e-TENDER ENQUIRY (TWO- BID SYSTEM) FOR SUPPLY OF MEDICINES GM(M)/SSW/MEDICINE/2018-19/SN Tender Date: 04.07.2018 Closing Date: 27.07.2018 Closing Time: 1400 Hrs. Dear Sirs/Madam, 1 MAZAGON DOCK SHIPBUILDERS LIMITED invites competitive bids on e-procurement portal (http://eprocuremdl.nic.in) from reputed Bidders / Vendors in TWO BID SYSTEM (Part-I Techno Commercial Bid and Part-II Price Bid) for the supply of Medicines to MDL Clinic on Annual Rate Contract (ARC) basis for the year 2018-19. This tender is to be filled through E-tendering mode only on our e- procurement portal. Online Bid on our E-Procurement portal only will be accepted. Bids submitted in any other form other than online submission will not be accepted. 1.1 Issue of Tender Enquiry Document: The Tender Enquiry is available on http://eprocuremdl.nic.in & also on our website www.mazdock.com (path: Tenders->Shipbuilding-Material Purchase) and CPP Portal for download purpose & bidders can submit their offer online on our website http://eprocuremdl.nic.in . 1.2 Bidder in their own interest is requested to upload their bids well in advance of tender closing date to avoid the last minute difficulties in uploading the bids. 1.3 Problems in hardware / software, internet connectivity, system configuration, Browser setting etc, whatsoever reason shall not be considered for extension of tender closing date and time. 1.4 Instructions to the Bidders for uploading the Techno-Commercial Bid and the Price Bid through E- Procurement Portal are placed at Enclosure-2 2 Description of Work / Supplies: Mat Code Name of Medicine Name of Mnf Unit Qty 2.1.1 90809010 ELECTRAL 35GM F DC LIMITED N 15000 2.1.2 90500000 SYP CITAL 100 ML INDICO REMEDIES N 200 2.1.3 90407050 PILEX TABLETS(60TAB/BOT) HIMALAYA DRUG CO PVT LTD BOT 25 2.1.4 90403020 SYP DUOLAXIN (180 ML) GLENMARK PHARMACEUTOCAL N 100 2.1.5 90401070 RELCER GEL (180 ML) GLENMARK PHARMACEUTICALS N 300 2.1.6 90401060 GASTRACID LIQUID (200 ML) DAS DISTRIBUTORS PVT. LTD., MEYER ORGANIC PVT. LTD. N 500 2.1.7 90401020 TAB GELUSIL MPS PFIZER LTD N 10000 2.1.8 90300130 TAB KASHO APHALI PHARMACEUTICALS LTD N 30000 2.1.9 90300210 SYP. COFAID 200 ML. MEYER ORGANIC PVT. LTD. N 5000 2.1.10 90300260 SYP ZENDRYL 100 ML LUPIN LABORATORIES PVT LTD. N 3000 2.1.11 90301030 TAB REM-CC KARNATAKA ANTIBIO (KAAPL)** N 10000 2.1.12 90300250 TAB FRUTIMOL SWISSKEM HEALTH CARE N 25000 2.1.13 90300160 SYP COUGHOREX ( 100 ML) EISEN PHARMACEUTICAL N 1000 2.1.14 90300180 CAP. KARVOL PLUS INDOCO REMEDIES LIMITED N 3000 2.1.15 9030040 SYP GRILINTUS FRANCO INDIAN N 1500 2.1.16 90103010 TANTUM ORAL RINSE120 ML ELDER PHARMACEUTICALS LTD . N 500 2.1.17 90103030 GEL GELORA (10 GM) RECKITT N 300 2.1.18 90102010 OTRIVIN NASAL DROP (0.1%) NOVARTIS INDIA LIMITED . N 350 2.1.19 90100080 ANDRE EYE DROPS (10ML) INTAS PHARMACEUTICALS N 1000
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Mazagon Dock Shipbuilders Limited Formally Mazagon Dock Limited (A Government of India Undertaking)
2.1.45 90803000 TAB NEUROBION FORTE MERCK LTD, N 10000
2.1.46 90803120 CAP BECOSULES-Z PFIZER LTD. N 10000
2.1.47 90804020 CAP DIBITOX ELAN PHARMA (INDIA) PVT. LTD N 10000
2.1.48 90804080 CAP BECADEXAMINE GLAXO SMITHKLINE N 5000
2.1.49 90805050 CAP WINOFIT WOKHARDT PVT LTD N 5000
2.1.50 90802023 CAP EVION 400 MG EMERK PHARMACUTICAL N 6000
2.1.51 90808060 TAB OSTOCAL GLAXO SMITHKLINE N 12000
2.1.52 90700050 CAP BROAUSTICLOX LB AUSTIN PHARMA N 2000
2.1.53 90900000 BAND-AID ( BOX CONTANING
100 STRIPS)
JOHNSON & JOHNSON BOX 20 B
X 100
2.1.54 90902010 BD DISPOSABLE NEEDLE 24 G BD N 1000
2.1.55 90901040 BD SYRINGS 2 ML BD N 1000
*(BC&P) BENGAL CHEMICAL & PHARMACEUTICAL(BC&P)
** (KAAPL) KARNATAKA ANTIBIOTICS AND PHARMACEUTICALS LTD
2.2 Scope of Supply and other specific conditions:
2.2.1 The Bidders are requested to quote for all items.
2.2.2 The above-mentioned quantities are approximate. MDL reserve right to order less or more quantities, if
required. MDL also reserve right, not to order the items listed above if not required.
2.2.3 All the above listed medicines shall be supplied only from the manufacturer mentioned above. The rates
shall be quoted accordingly. If material supplied are found not to be of the mentioned manufacturer, brand
and quality specified, it shall be rejected and returned to the contractor at his cost and further instruction for
the supply will be stopped instantly without any notice.
2.2.4 The annual quantities mentioned in Para-2 above are approximate indicative requirements given as a rough
guideline. No claim for compensation will be entertained in case the orders are placed for less OR more
quantities than those mentioned in Para-2 above.
Tender No. GM (M)/SSW/Medicines/SN dated 04.07.2018 due on 27.07.2018
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2.2.5 The offer should be on the basis of free delivery to MDL Mumbai. Your quoted rates should be inclusive of
all Packing & Forwarding, Transportation, Insurance, Delivery to MDL.
2.2.6 Labeling/Marking, Packing, Workmanship & Finishing are to be done as per manufacturer’s standard
practice. The rate quoted should be inclusive of labeling/Marking, Packing.
2.2.7 Shelf Life: The supplied medicines shall have a minimum shelf life of 80% of shelf life of medicines at the
time of delivery of the medicines.
2.2.8 Replacement of Expired Medicine: The bidder should agree to replace the quantity of medicines that have
expired and remained in stock with MDL. MDL will inform the manufacturer 3 months in advance from the
date of expiry. On being informed quantity of medicines which will be getting expired, the bidder will provide fresh stock of medicines and take back the expired medicines without any financial implication to
MDL. In case, the expired medicines not replaced by the supplier/ bidder, the MDL reserves the right to
encash the Security Deposit Bank Guarantee.
2.2.9 Certificates/Licenses: Bidder shall submit a copy of valid certificates / licenses issued by FDA i.e Form
No 20, 20B, 21, 21B and 21C
3 Delivery:
3.1 The delivery of items in time to the MDL Clinic is the essence of this contract. The delivery of the material
shall be executed in staggered manner as under:
Lot No Quantity in % Delivery Period
First Lot 25% Initial delivery within 2 weeks from PO Date
Second Lot 25% After three months of delivery date of first lot
Third Lot 25 % After three months of delivery date of second lot
Forth Lot 25 % After three months of delivery date of third lot
4 Guarantee:
4.1 Supply of material should be of good quality as specified in the specification mentioned above. If the
materials supplied are found not to be of the Grade and Quality specified, it shall be rejected and returned at
your cost and further instructions for supply will be stopped instantly without any notice.
4.2 The quality and quantity of items supplied should be as per the terms & conditions of order and in case of
any default in quality, delivery schedule or quantity of material, we shall procure the material directly from
open market at the then prevailing prices and extra cost incurred in such procurement shall be recovered
from you.
4.3 In case of any defect is noticed in the supplies, MDL Inspection Authority shall report the matter to the supplier and the contractor shall immediately arrange for replacement of the same at no extra cost to MDL.
4.4 In case of your inability for immediate replacement of rejected material with the quality product, MDL
reserves right to purchase the quality product from other sources at your risk and cost.
5 Liquidity 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 Vendor / Contractor shall pay liquidated damages, a sum
representing 0.5% (Half per cent) per week or part thereof of the order value, subject to maximum of 5% of
the order value for the undelivered portion.
6 Contract Period: Not applicable
7 Pre-Qualification Criteria- Instructions to the Bidders: Bidders should upload the following documents
along with their (Part-I) bid online and based on these documents their techno-commercial offer will be
prequalified and evaluated for acceptance of Part-I offer:
7.1 Bidders registered with “Mazagon Dock Shipbuilders Limited” should upload the following
documents :
7.1.1 MSME firm shall submit MSME registration certificate for the business of manufacturing the tendered item.
7.1.2 A scanned image copy of MDL Registration Certificate duly attested and stamped with their company seal.
7.1.3 Scanned image of PAN Card.
7.1.4 The documents as per Clause 7.2.5, 7.2.6 and 7.2.7 indicated below.
7.2 Bidders not registered with “Mazagon Dock Shipbuilders Limited” should upload a scanned image of the
7.2.3 Audited Certified Balance Sheet for past three years.
7.2.4 Audited /Certified Profit and Loss Account for past three years.
7.2.5 Purchase order copies of Work Completion Certificates issued by the parties in support of the bidder’s
experience and past performance on similar supplies of tendered item for last three years.
7.2.6 Bidder’s average turnover during last three years should be at least Rs.6.1 Lakhs
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7.2.7 The value of similar supplies ( tendered item) during last three years should not be less than Rs. 6.1 Lakhs
7.2.8 Copies of valid Registration or Approval certificates in case of Bidder’s firm is registered NSIC/ISO
Certificate shall be uploaded on-line
7.2.10 Bank Details for payment by RTGS/NEFT in the format uploaded.
7.2.11 Scanned image of PAN Card of the firm shall be uploaded.
Notes:
MDL reserves the right to demand for a hardcopy of any of the above documents or other related documents,
if required. MDL has the right to verify / cross verification of authenticity of the said documents whenever
felt necessary. Bidders shall comply with the same, or else the bid is liable for rejection.
If any cash transaction is included in turnover (Statement of Profit and Loss), the same will not be considered
for turnover value.
8 Validity Period:
Bids / Offers shall have the validity period of 90 Days from the tender closing date. A bid valid for a shorter
period shall be liable for rejection. Technically accepted bidder will be given opportunity to accept validity as per tender in case of shorter validity period quoted by any bidder. In case of Non-acceptance of validity as
per tender term thereafter, the firm’s offer will be rejected by MDL as non-responsive.
9 Earnest Money Deposit (EMD) / Bid Bond: EMD of Rs. 24600/- (Rupees twenty four thousand six
hundered only ) to be transferred electronically to Mazagon Dock Shipbuilders Ltd. (MDL) account (for
MDL Bank details Refer enclosure-2) or in the form of Bank Guarantee drawn in favor of MAZAGON
DOCK SHIPBUILDERS LIMITED or bid bond shall be forwarded to 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 receipt of electronically transferred payment/BG/Bid bond/swift message
shall be uploaded at Part-I tender stage. The bid bond / Bank Guarantee should be valid for 4 more weeks
beyond the offer validity period indicated in the tender. Either of these instruments should be drawn on
reputed International / Nationalized / Scheduled Banks excluding co-operative banks, payable at Mumbai.
Similarly authorized Indian agent can submit BG from national/scheduled bank on behalf foreign bank. Bidders to advise their bank/banker to send EMD 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.
9.1 Exemption of submission of EMD: Following bidders shall be exempt from submission of EMD.
9.1.1 State & Central Government of India departments, Public Sector Undertakings
9.1.2 Firms registered with Mazagon Dock Shipbuilders Limited (MDL). To qualify for EMD exemption, firms
should necessarily upload VALID copy of the registration certificate issued by MDL in Part-I offer/bid.
Firms in the process of obtaining MDL registration will not be considered for EMD exemption.
9.1.3 Firms registered with NSIC under its “Single Point Registration Scheme”. (Exemption will apply only to
items / service indicated under description of work / supplies / services & value up to which bidders are
registered with NSIC). To qualify for EMD exemption, firms should necessarily upload 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.
9.1.4 Micro & Small Enterprises subject to their submitting the valid Registration Certificate from Competent
Authority regarding their Micro / Small Industry status.
9.1.5 Green Channel Vendors: 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 offer/bid. Firms in process of obtaining this certificate will not be considered for EMD
exemption.
9.1.6 Deemed Registered Vendors with DPSU: Common/Deemed 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 items / services for which the offer is being submitted in Part-I offer/bid. Firms in process of
obtaining registration in other DPSUs will not be considered for EMD exemption.
10 On line submission of bids in two – bid system: Bids must be uploaded in two parts i.e. Part – I (Techno-
Commercial bid) & Part – II (Price bid) as appearing on line:
10.1 Part I: Techno Commercial Bid shall contain the followings along with the firms covering letter (on the
letter head of company) with the name & signature of the authorized person.
(a) The technical details of the bid
(b) Commercial terms / conditions of supply (without mentioning price). (c) Blank Rate Schedule format clearly indicating “Quoted / Not Quoted” as applicable against each of the
listed item ( Medicine) in the prescribed format. Applicable taxes shall be mentioned in percentage.
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(d) Acceptance forms for Tender Enquiry Form(TEF).
(e) Acceptance of General Terms & Conditions(GT&C).
(f) Acceptance of Standard Terms & Conditions(STACS).
(g) Details of deviations if any in respect of tender documents (TEF),GT&C,STAC with proper
authorization.
(h) Firm should upload their technical offer detailing complete Technical Specification including as relevant at Part-I of e-tender in pdf format against our Tender Technical Specifications.
10.1.1 Technical Bid in PDF format on your letter head clearly indicating the offer ref. & date to be attached.
Technical Bid mentioning the detailed description / technical specification, Make, type, standard pattern,
shape etc. etc. as against tender technical specification along with compliance statement tender material
description.
10.1.2 Acceptance on clauses of Tender Enquiry, GT&C and STACS in the Prescribed Formats duly stating
‘Accepted OR Deviation’ as applicable for each of the clause.
10.1.3 Bidders Should upload all the additional documents as mentioned in para “Pre-Qualification Criteria” above.
10.1.4 Copies of Valid MDL Registration Certificate in case of the firm registered with MDL, NSIC / ISO
Certificate.
10.1.5 A standard Blank BOQ (Blank Rate Sheet) format as per Enslocure-1 has been provided with the tender
document to be filled by all the bidders. Bidders are requested to note that they should necessarily submit all
details, such as GST taxes, other charges etc. in the format provided and no other format is acceptable.
Bidders are required to download the Blank BoQ file, open it and complete the colored (unprotected) cells
with their respective above details. No other cells should be changed. Once the details have been completed,
the bidder should save it and submit it online, without changing the filename. Price shall not be quoted in this part.
10.1.6 Deviation Sheet if any, shall be uploaded on line in the prescribed format in case of any deviations from
Terms, Conditions & Technical requirements specified in the STACS, Tender Enquiry and GT&C.
10.1.7 Bidders / Suppliers not registered with Mazagon Dock Shipbuilders Limited should upload the additional
documents as applicable and described above.
10.1.8 MSME registration certificate indicating as a MSE manufacturer for tendered item : Micro / Medium / Small
10.1.9 Bank details for payment by RTGS / NEFT in the format to be uploaded.
10.1.10 Scanned copy of valid Registration or Approval certificates (if any) as detailed below:
Registration with MDL
Scanned image of PAN card shall be uploaded
PQ documents as mentioned as clause no.4
GST Registration certificate.
The scanned image of DD / BG towards (EMD) / BID BOND as stipulated in TEF shall be uploaded.
10.1.11 The original instrument of the DD / BG towards Earnest Money Deposit (EMD) / BID BOND shall be
forwarded to GM (M) / HOD (M) in sealed envelope super scribing Tender Enquiry No. and Due date, so as
to reach within 7 working Days from the tender closing date, addressed to,
GM (M)
II FLOOR MOGUL HOUSE
SOUTH YARD
MAZAGON DOCK LTD.
DOCKYARD ROAD, MUMBAI- 400010.
10.2 Part-II- Price Bid: A standard BOQ (Rate Sheet) format has been provided with the tender document to be
filled by all the bidders. Bidders are requested to note that they should necessarily submit their financial bids in the format provided and no other format is acceptable. Bidders are required to download the BoQ file,
open it and complete the while colored (unprotected) cells with their respective financial quotes and other
details (such as name of the bidder). No other cells should be changed. Once the details have been
completed, the bidder should save it and submit it online, without changing the filename. If the BoQ file is
found to be modified by the bidder, the bid will be rejected. Please refer replica of rate sheet at Enclosure -1
for reference only.
11 Security Deposit (SD):
11.1 Successful bidders shall have to submit Security Deposit for an amount of 5% of order /contract value
excluding taxes, duties, freight etc. payable in Indian Rupees (in case of indigenous suppliers) electronically
through NEFT / RTGS or in the form of Bank Guarantee from a reputed Nationalized / Scheduled Bank /
Banks of international repute excluding co-operative banks within 25 days from the date of LOI/order, valid
till the last delivery date of the Biennial Rate Contract (BRC) + 4 weeks. No interest will be paid on Security
Deposit. In case of PSU Company, indemnity Bond in lieu of BG for SD is acceptable. Performa for Bank
Guarantee is at Enclosure -6
11.2 Bank details of MDL are given below.
Tender No. GM (M)/SSW/Medicines/SN dated 04.07.2018 due on 27.07.2018
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Beneficiary’s Name Mazagon Dock Shipbuilders Limited
Name of Bank State Bank of India
Branch Mazagon Br.
Branch Code 9054
Bank Address Mazagon Branch, Mazagon, Mumbai – 400 010.
Telephone No. of Bank 23752802
Account No. 10005255246
Account Type Current Account
IFSC Code SBIN0009054
RTGS Code SBIN0009054
NEFT Code SBIN0009054
MICR / NECS Code 400002120
Income Tax PAN No. AAACM8029J
11.3 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 should send scanned copy of payment made to our Account towards proof for submission of SD
against order.
11.4 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, MSME etc. Security Deposit will be applicable for all successful bidders. PSU can submit Indemnity Bond in lieu of Security
Deposit
11.5 For delayed period of submission of SD beyond 25 days from date of order, the amount of interest towards
delayed period of submission of security deposit will be deducted. The rate of interest shall be as decided by
competent authority in MDL which is generally SBI PLR + 2 %.
11.6 In case of Bank Guarantee, it shall be sent to MDL directly by issuing bank under registered post (AD).
11.7 In case of failure to submit security deposit within 25 days from the date of placement of order, risk purchase
clause would be invoked. The Security Deposit will be returned only after successful execution of the
contract (ARC) and shall be interest free. In the event of failure to execute the order satisfactorily, the
Security Deposit will be encashed by MDL.
11.8 If there is inordinate delay in submission of SD, MDL shall have right to cancel the order at the risk & cost
which may also result in issuing tender holiday with reporting of default behaviors to MSME.
12 Bid Rejection Criteria:
12.1 Following bids shall be categorically rejected;
12.1.1 Bid received after tender closing date and time.
12.1.2 The Bids received other than through e-procurement
12.1.3 Bidders not uploading scan copy of EMD along with Techno-Commercial Bid and not submitting Original
instrument of EMD within 7 MDL Working Days from the tender closing date, other than those who are
exempt from payment of EMD, as specified in the tender. If the date of issue of EMD ( DD/BG ) later than
the tender closing date
12.2 Following criteria shall also render the bids Liable for Rejection.
12.2.1 Bidder’s failure to submit sufficient or complete details for evaluation of the bids within the given period which may range in between two to three weeks depending on the deficiencies noticed in the
drawings/technical data which shall not however conflict with validity period.
12.2.2 Incomplete / misleading / ambiguous bids in the considered opinion of TNC.
12.2.3 Bids with technical requirements and or terms not acceptable to MDL (CMO).
12.2.4 Bids received without pre-qualification documents where required as per the tender.
12.2.5 Bids not meeting the pre-qualification parameters stipulated in the tender enquiry.
12.2.6 Bidders not agreeing to give guarantee / replacement of defective tendered item.
12.2.7 Bidders quoting the rates with price variation clause.
12.2.8 Unreasonably longer delivery period quoted by the firm.
12.2.9 Validity period indicated by bidders is shorter than that specified in the tender enquiry
12.2.10 MSEs bidders not submitting the PO copies for similar supply.
12.2.11 Bidders not agreeing to furnish required Security Deposit / Required Contract Performance Guarantee till
completion of the supplies / services as per contract.
12.2.12 Bidders not uploading valid Municipal License OR valid Registration Certificate from Local/ Government
authority for conducting business as applicable while bidding.
13 Pricing:
13.1 The prices quoted shall remain firm and fixed during the entire period of the contract including the extension
period of three months.
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13.2 Bidder shall quote comprehensive prices of all items listed in the price sheet format of the tender enquiry
(Enclourse-1) for delivery of the items in MDL dispensary on door delivery basis. inclusive of all costs
towards Packing & Forwarding/Freight/Delivery/Transport & Transit Insurance/ Labeling /Marking /Packing
etc.
13.3 The prices quoted shall remain firm and fixed till the execution of the total quantity of the contract. No
increase / decrease shall be permissible on any account after finalization of the contract / till delivery of total
quantity on the order.
14 Payment Terms:
14.1 Payment shall be admissible only for items (medicines) and quantity accepted by CMO.
14.2 100% Payment will be made through RTGS/NEFT within 15-20 days of submission of Tax Invoice at “Bills Receipt Section” for the accepted medicines for the supplies made in previous month.
14.3 Advance payment will not be made in any manner against the Contract.
14.4 The payment shall be made through NEFT/RTGS only. The format to be down loaded from our Website.
(www.mazdock.com > Tenders > e-procurement related to Tender Documents for Material Purchase Dept.’
14.5.1 Payment for the value of supplies, as reduced by any deductibles and / or the amount leviable towards
liquidated damages if any and after including GST taxes etc shall be payable against receipt & acceptance
of ordered material as per ordered terms and against submission of the following documents:
14.5.2 Tax Invoice (original) (3 Nos ink signed original)
14.5.5 Delivery Challan (Original copy) dully endorsed by security person at main gate as well as byb CMO for the
supplies made and accepted
14.5.3 Order copy and Amendment copies if applicable
14.5.4 Packing List of material.
14.5.6 Bidders shall furnish all the necessary details like name of the Bank / Branch, Branch Code No., Bank
Account No., MICR No. in their bid as per the RTGS / NEFT available in MDL Website.
14.5.7 The bills/ Tax invoices should be submitted at the “Bill Receiving Section” along with all other documents
mentioned above. The Tax Invoice shall be addressed to DGM (F-Bills-ONP), 3rd
Floor, Mazdock House,
Mazagon Dock Shipbuilders Limited, Dockyard Road, Mumbai – 400 010.
14.5.8 The date of receipt and acceptance of the medicines by the CMO will be as start date for releasing payment
within 15 to 20 days.
14.5.8 Important Note: Invoices should be submitted immediately within two or three MDL working days
(preferably the invoices should accompany supply) to "Bill Receipt Section" adjacent to the GRS Punching
Section, South Yard after execution of the orders / expiry of contract. Thereafter any discrepancies / pending claims regarding payment or any other matter related to this order / contract should be brought to MDL's
notice in writing within 30 days or otherwise final payment by MDL, beyond which no claims whatsoever
will be entertained.
15 Taxes & Duties
15.1 GST as per GST Laws shall be payable extra as quoted and agreed.
15.2 All reference to “Taxes, duties, octroi, excise etc” are to be read as “GST, Basic Custom Duty” in this
tender including STAC and GT&C.
15.3 GST Laws (i.e the Central Goods and Service Act,2017, the Maharashtra Goods and Service Act.2017, the
Integrated Goods and Service Act,2017, the Goods and Services Tax (Compensation to States) Act, 2017,
various rules , notification etc. GST Includes Central Tax(CT), State Tax(ST), Integrated Tax(IT) and
cess)
15.4 Benefits from reduction in rate of tax/ ITC is required to be passed on to consumer. Where “applicable
GST” has been quoted as extra, Goods and service providers (except un- registered dealer under GST
Law) have to submit declaration stating that they have complied with “Anti- profiteering Tule 2017”
under GST Law. Such declaration be given in technical bid.
Due to implementation of GST, Supplier /contractors shall agree unconditionally to mandatorily pass on the any / all benefits arising in terms of reduction in item / services prices to MDL under anti-profiteering
provisions of GST Act 2017.
15.5 The item wise rates quoted in the Rate Sheet should exclude GST. Bidder should indicate GST 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.
15.6 If the vendor is registered under GST, vendor shall mention the HSN code for goods &/or services in their
tax invoice, etc. These codes must be in accordance with GST Law and responsibility of specifying correct
HSN codes for goods &/or services is that of the vendor. MDL shall not be responsible for any error in
HSN code for goods &/or services specified by supplier / contractor. Supplier/ Contractor shall pay
penalty and/ or interest imposed in MDL or any loss due to delay in availing ITC by MDL loss of ITC to
MDL due to errors by vendors at any stage. MDL reserves right it recover any such interest, penalty or
Tender No. GM (M)/SSW/Medicines/SN dated 04.07.2018 due on 27.07.2018
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loss from any amount due to Supplier/ Contractor or otherwise.
15.7 In case, MDL is unable to avail ITC, supplier/contractor at their own cost shall rectify the shortcoming in
the returns to be filed immediately thereafter. Further, if the ITC is delayed / denied to MDL / reversed
subsequently as per GST Law due to non / delayed receipt of goods and / or services and / or tax invoice
or expiry of timelines prescribed in GST Law for availing ITC, non-payment of taxes or non-filing of
returns or any other reason 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 short coming is not rectified by supplier/ contractor and MDL ends up in reversal of credits and / or
payments, supplier/ contractor is fully liable for making good all the loss incurred by MDL. MDL reserves
right to recover any interest, penalty or loss from any amount due to Supplier/ Contractor or otherwise.
The recovery of the interest @ SBI PLR+2% on the tax credit so available for the number of days the ITC
was delayed. This amount shall be recovered from the SD or any outstanding payments
It shall be the bidders responsibility to ensure the seamless flow of the Input Tax Credit (ITC) to MDL, in
case of GST paid by the supplier to the Government.
15.8 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 these verticals involved in
supply of goods and/or services. MDL GSTIN is 27AAACM8029J1ZA and shall mention the same while
invoicing and avoid any data entry error on GST portal.
Bidders having multiple business verticals within state / at multiple states with separate GST registration
numbers shall forward GSTIN of these verticals involved in supply & / or services of the tendered item.
15.9 If the vendor is registered under GST, Vendor shall ensure timely submission of invoice as per the
provisions / requirement / timeline promulgated by GOI in relation to GST Law 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 (i.e. 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 goods
receiving section (GRS).
15.10 If the vendor is registered under GST, vendor shall file all applicable returns under GST Law in the
stipulated time & any losses of tax credit to MDL arising due to delay in filing will be recovered from
their invoice wherever MDL is eligible to avail tax credit. Any default towards payment of tax and / or
uploading of monthly returns by supplier/contractor, MDL retains right to withhold payments towards tax
portion until the same is corrected & complied by the supplier/contractor with the requirement of GST
along with satisfactory evidence.
15.11 The rate sheet enclosed with the tender will indicate the rates to be entered under each head whenever
applicable. Bidders must clearly mention the applicable GST taxes. The item- wise rates (i.e. Basic + P&F
+ F&I) quoted in the Rate Sheet should exclude GST taxes. 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 (i.e.Basic + P&F + F&I).
15.12 If the GST rating of supplier /contractor on GST portal / Govt. website is found to be negative / blacklisted
then MDL shall reimburse GST to the vendor only after he makes the payment of GST and fulfils all
requirements as per GST Law for successful availment of ITC by MDL. Further, MDL is entitled to
deduct / recover such GST along with penalties / interest, if any, incurred by MDL.
15.13 If the GST rating of supplier /contractor on GST portal / Govt website is found to be negative / blacklisted,
then MDL reserves the right to reject the offer of such bidders. Similarly, on post placement of the contract /
order, MDL shall not be obligated or liable to pay or reimburse GST to such supplier /contractor and shall
also be entitled to deduct / recover such GST along with penalties / interest, if any, incurred by MDL.
15.14 If the vendor is registered under GST, vendor shall be responsible for financial and non- financial
consequences in case of non- compliance of GST provisions / requirements / timelines on their part. MDL
shall pay the applicable GST taxes to the vendor at actual & supplier/contractor shall pass on the reduction
in prices to MDL on account of change in the tax structure.
15.15 The Item wise rates quoted in the rate sheet should exclude taxes and shall as applicable separately under
each of the head in the same rate sheet. However, wherever all-inclusive prices are quoted by the bidder(s)
and accepted without bifurcation of tax elements, no escalation shall be considered in respect of any
variation in statutory levies arising subsequently in the absence of required base figures.
The quoted rates should clearly indicate the applicable rate(s) under each box head and to be filled on line in
Tender No. GM (M)/SSW/Medicines/SN dated 04.07.2018 due on 27.07.2018
Page 9 of 30
part II bid as per uploaded format. In absence of any such stiputaion in the “Part II price bid format”, it will
be considered that the prices quoted by the bidder are inclusive of the taxes and no separate liability for
payment of the taxes will be claimed upon MDL.
15.16 Any change in tax component/structure due to government regulation during the execution of contract
within contractual delivery period the same will be applicable at actual ruling at the time of
supply/service/execution of contract after Government Notification.
Supplier / contractor will not be entitled to any increase in rate of taxes occurring during the period of
extended delivery completion schedule if there is delay in supplies / completion attributed to him.
However, if there is a decrease in taxes, the same must be passed on to MDL.
15.17 The bidder shall submit their GST Registration, HSN/SAC code (Harmonized System of nomenclature /
Service accounting code) for the each item under this tender in the format mentioned below and upload the
same in Part-1 of the bid.
15.17.1 Sr.No Vendor Name Vendor Code GST No
15.17.2 Sr.No Mat Code /Mat Details HSN No SAC No**
** Applicable only for supply of services.
15.18 The rate sheet enclosed with the tender will indicate the rates to be entered under each head wherever
applicable. Bidders must clearly mention the applicable GST. The item-wise rates quoted in the Rate Sheet
should exclude GST. 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.
15.19 Since the delivery terms acceptable for indigenous bidders is “Door Delivery for MDL Stores”, P&F, F&I if
applicable in addition to basic rate and to be paid by MDL should be clearly mentioned in the price bid.
Where “applicable GST” is quoted extra, bidder has to give declaration that “the benefits of bidder’s ITC has
been factored in the prices quoted” in techno-commercial offer.
15.20 Bidders should note that successful firm shall file the GSTR1 and all other relevant returns in the stipulated
time & any losses of tax credit to MDL arise due to delay in filing will be recovered from the firms invoice
wherever MDL is eligible to avail tax credit. Any default towards payment of tax and / or uploading of
monthly returns by supplier/contractor, MDL retains right to withhold payments towards tax portion until the
same is corrected & complied by the supplier/contractor with the requirement of GST along with satisfactory
evidence.
15.21 Suppliers /contractor seeking advances against contract / orders should issue receipt vouchers (invoice)
immediately on receipt of advance payments and subsequently deliver items along tax invoice after adjusting
advance payments as per GST Act 2017 & terms & condition of contract/ order.
15.22 Bidders not having GST registration due to turnover threshold below Rs. 20Lakhs / Rs. 10Lakhs for North eastern & special category states shall clearly mention / indicate the same in the technical offer towards Nil
Tax Liability. Further these bidders shall notify MDL within 15 days of becoming liable to GST & forward
the necessary details. MDL will load prices of this vendor by maximum % of GST rate received among all
bidders to other bidder quoted as MDL has to pay GST under reverse charge mechanism to Govt.
15.23 Bidders who are registered under composition scheme of GST Act due to turnover threshold value North
eastern & special category states shall clearly mention / indicate the same in the technical offer indicating
their GST registration number should comply with the GST law 2017.
16 Acceptance of Terms & Conditions of Tender Enquiry, STAC(Enclosure-4) , & GT&C(Enclosure-5 :
Bidder shall abide by all Standard Terms and Conditions of the Tender, STACS, GT&C in the Part –I
(Techno – Commercial Bid). Deviation if any shall be clearly indicated in the offer.
16.1 The bidder shall submit the acceptance formats duly filled in respect of Standard Terms and Conditions of the
Tender, STACS, GT&C along with part – I bid. In the event, we do not receive acceptance formats duly filled
for TEF, STACS & GT & C, it shall be construed that all our tender terms & conditions are acceptable to
you. Any deviation from MDL Tender Enquiry, GT&C & STACS should be specifically highlighted, failing
which it will be construed that the same are acceptable to the firm/bidder.
17 Loading Criteria for normalizing the Price Bid for ranking: Techno-Commercial deviations sought by the bidder in respect of Freight, insurance, Payment terms, Delivery period will be negotiated with the firm/s
before opening of Price Bids. Techno-Commercial deviations if acceptable to MDL, will be loaded as per
loading criteria illustrated below for the purpose of ranking L1. An illustration of the loading criteria shall be
as per Enclosure-3.
17.1 Payment Terms: It is desirable that the bidder accepts the Payment Terms indicated in the tender document.
Varied payment terms quoted by bidders as compared to the terms stated in the Tender document shall be
normalized by adopting the Prime Lending Rate of State Bank of India plus 2% thereon on the amount(s) at
Tender No. GM (M)/SSW/Medicines/SN dated 04.07.2018 due on 27.07.2018
Page 10 of 30
variation and/or for the period (in no. of days) at variation
17.2 Statutory taxes like GST shall be included for ranking of bids to determine L-1 vendor. Cost (Basic Price +
Transport + insurance) to MDL Stores shall be considered for indigenous Vendors.
17.3 Delivery of the goods at MDL premises should be responsibility of the supplier. However, for unavoidable
reasons, if bids are exclusive of transport and / or insurance, the same will be loaded at the cost to be incurred
by MDL. For the additional delivery period sought by the bidder over the stipulated date of delivery as per
Tender, 0.50% per completed week will be loaded to the quoted price.
17.4 Liquidated Damages: 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 example, the maximum ceiling towards liquidated damages stipulated in the Tender is 5% and the bidder seeks to limit it to, say 3.50% then the price
quoted will be loaded by 1.5%. If the rate of LD per week is 0.50% per week or part thereof as per tender
and the bidder seeks it as, say, 0.40% per week or part thereof, the maximum ceiling on LD as per tender will
first be quoted to weeks (10 weeks in this case) and the rate proposed by the bidder i.e. 0.40% 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 bidder(s) adhere to the
stipulated clause.
17.6 ISO 9000 Series accreditation over Non-ISO Bidders shall be considered. Manufacturers will be given
preference over authorized dealers.
17.7 L-1 bidder shall be decided considering all above loading factors.
Note: Bidders are requested to quote item wise unit rate for all the tendered items. 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 by applying all applicable loading parameters as mentioned in the tender document.
18 Ranking of Bids & Determination of L-1 Bidders:
18.1 Regular GST registered bidder : The Ranking of L1 price bids of techno- commercial qualified bidder
will be decided on individual item cost basis including GST taxes. If any variations in statutory levies, the break up in respect of GST is clearly and separately to be furnished in the bid and the MDL is satisfied that
the rates of GST indicated therein are in line with the tax law, so that escalation due to variation in the GST
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, duties & levies as applicable in the bid.
18.2 Composition category bidder : Since the firm is not allowed to charge GST, the evaluation of the bid for
ranking L1 will be on the price quoted by the bidder.
18.3 Online ranking visible to the bidders after opening of Part-II Price Bid is without loading parameters.
However, L1 bidder will be evaluated offline by all clarification and applying all applicable loading
parameters as mentioned in the tender documents
18.4 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 other charges) mentioned in the On-Line Price Bids shall prevail
over the details in blank rate schedule format in normal case. However the negotiated commercial terms
before price bid opening will be considered for ranking and evaluation as per Para 16 above.
19 Delivery terms:
19.1 Consignee: The Successful bidder/s shall arrange delivery of medicines at Mazagon Dock Shipbuilders
Limited, Mumbai-400010, on working days to “Goods Receiving Section” and further to Dispensary on working days ( Monday to Friday) between 0800 to 1400Hrs ( Lunch Time 11.30 to 1200). In case truck /
tempo reaches our yard beyond above mentioned time , the same may be retained overnight at your risk and
cost.
19.2 The following documents are mandatory to be submitted along with the consignment:
19.3 Delivery Challan (3 Original Copies) duly accepted by CMC rep.
19.4 Tax Invoice (1 ink signed copy / 2 copies)
19.5 Order copy and Amendment copy if applicable (Photo Copy)
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 Receipt Inspection:
21.1 MDL CMO or his representatives will carry out necessary inspection of the items on receipt in the MDL
Yard, on the basis of an appropriate quality assurance system and Inspection system requirements of MDL &
the Inspection documents submitted by suppliers. Any objection raised by the above team against quality of
medicine or any other aspect shall be satisfactorily corrected by the supplier at his expenses including
replacement as may be required immediately by acceptable quality. Medicines damaged during transit shall
also be replaced by the supplier immediately by acceptable quality.
Expired medicines / poorly packed medicines or whose self life is less than the 80% will be categorically rejected.
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22 Modifications to the Bids:
Bidders desirous of submitting modified bids prior to the closing date & time may do so by submitting
revised bid online not later than the deadline for submission of bids. Please note that modified bids shall be
submitted through E-Procurement system only. Bidder will not be allowed to bid after closing time is over.
23 Deputation of Personnel and Official Secret Act and Safety Act: MDL being a Defence Organization ,
Bidder / Supplier must ensure that any of your personnel deployed in connection with the contract at MDL
for the entrusted work , will not indulge in any activities other than the duties assigned to him. The relevant
provisions of the official secret Act and Safety also apply. The successful bidder have to submit the “Police Verification Report-PVR” of their employees from the
concerned Police Authorities with the bidder’s application on the firm’s letter head and signed by the
authorized person of the firm for obtaining the Entry Passes from MDL.
24 STACs: MDL’s Standard Terms and Conditions (STAC) are placed at Enclosure-4
25 GT&Cs: MD:’s General Terms and Conditions (GT&C) are placed at Enclosure-5
26 The contract will be govern by Standard Terms and Conditions (STAC) as well as General Terms and
Conditions (GT&C). Ij case of discrepancy, clauses mentioned in the tender , technical scope, and rate sheet
override the clauses mentioned in other enclosures including STAC and GT&C.
27 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 & accepted terms.
28 Freak Low Quotes: If the quoted L-1 rate is less than Cost Estimate by more than 40% and difference
between basic rates of L1 & L2 bidder is more than 30% then such quote is to be treated as freak low quote.
In case of freak low scenario, MDL reserves the right to place full/part order on the firm. However the firm
will have to give additional BG up to the value of difference between L1 & L2 prices, before release of PO,
as an additional security. Bank charges for this additional BG shall be borne by MDL and reimbursed against proof of payment.
29 Public Grievance Cell:
A Public Grievance Cell headed by General Manager (F-CA) has been set up in the Company. Members of
public having complaints or grievances are advised to contact him on Wednesday between 10.00 hours and
12.30 hours in his office or send their complaints / grievances to him in writing for redressal. His Telephone
number is (022) 2376 2121 / (022) 23759793
28 Risk Purchase & Order Cancellation:
In case items are not delivered in time and to the satisfaction to the authorized representative of the Canteen
Management Committee, MDL reserves the right to cancel the order and procure the ordered material from
any available source at MDL’s option and discretion and entirely at your risk and cost. Extra expenditure
incurred by MDL in doing so will be recovered from you. MDL also reserves the right to cancel the order at
your risk and cost if the progress of work is not considered satisfactory and it is felt that you are not likely to
meet the contractual delivery date.
30 Option Clause: ( Not applicable )
31 Indemnity:
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 articles covered by the order.
32 MDL reserves the right to accept any or all offers in part / full without assigning any reasons whatsoever. In case of any dispute, our decision in this matter shall be final and legally binding on you. MDL reserves the
right to consider placement of Order / Contract in part or in full against the tendered quantity or reject any or
all tenders without assigning any reason. MDL not bound to order the tendered quantity.
33 Training for submission of the Bid
33.1 Training programme is arranged in MDL Premises on every working Fridays in one session (1400 - 1600
hrs) for prospective / willing Bidders. For any further details of e-tendering & digital signatures, please
contact, Mr. Akshay Vichare 022- 2376 3251/3249.
33.2 In case of any clarifications, bidders are requested to contact the undersigned on Tel No 022 2376 3254/59,
before the closing date of the tender. Email address : sswaghmare@mazgock,com
33.3 Bidders can also contact toll-free customer help line of e-procurement portal https://eprocuremdl.nic.in
User guide is available on the home page of the above-referred web site. In addition It has 24x7 Customer
Help Desk, Toll free number +91 120 4200462
33.4 In case bidders are unable to submit their offer against this tender, we would appreciate a regret letter citing
reasons for not quoting.
34 Deputation of Personnel and Official Secret Act: MDL being a Defence Organisation, you must ensure
that any of your personnel deployed in connection with the contract /entrusted work will not indulge in any
Tender No. GM (M)/SSW/Medicines/SN dated 04.07.2018 due on 27.07.2018
Page 12 of 30
activities other than the duties assigned to him. The relevant provisions of Official secret act shall also apply.
35 MDL reserve the right to terminate this rate contract at any time during its tenure without giving any notice
and without assigning any reason whatsoever.
36 Bidders can participate in online bidding:
36.1 By registering with above referred portal for User ID and password.
36.2 By obtaining class III DSC (Digital Signature Certificate) for secured bidding.
36.3 Bidders intending to witness the Tender opening shall have to submit the letter of authority to the Tender
Opening Officers and will sign on the sheet of paper in token of his presence at the time of opening.
37 E-Procurement helpline and Training:
37.1 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
http://eprocuremdl.nic.in
User guide is available on the home page of the above-referred web site. In addition it has 24x7 Customer Help Desk no. +91 120 4200462. Bidders intending to witness the Tender opening shall log on to
http://eprocuremdl.nic.in using digital signatures for witnessing the opening
38 In case of improper on-line filling of Acceptance Formats for Tender Enquiry Form, Detailed Specification
and Special Terms & Conditions, General Terms & Conditions (GT&C) and Standard Terms & Conditions
(STACS), it shall be presumed that all our tender terms & conditions are acceptable to you.
39 Bidders intending to witness the Tender opening shall have to submit the letter of authority to the Tender
Opening Officers and will sign on the sheet of paper in token of his presence at the time of opening.
40 Contact Person: In case of any clarifications, bidders are requested to contact the undersigned before
closing date of the tender:
Tel No 022 23763254 / 23763252 Fax No (022) 23738151
•••• Pre-requisites for up-loading the Techno-Commercial Bid
(i) Compatible computer hardware software set-up to access e-procure website.
(ii) “Digital Signature Certificate” class II B (DSC) is a must for downloading the tender and uploading the techno commercial offer from our website http://eprocuremdl.nic.in.
(iii) “Digital Signature Certificate” class III B (DSC) can be obtained from our service provider
n-code solutions or from any agency like (a) MTNL (b) TCS (c) SIFY.
•••• 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 date/time 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 & 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 & decision of MDL shall be binding to the applicant.
Tender No. GM (M)/SSW/Medicines/SN dated 04.07.2018 due on 27.07.2018
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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.
•••• Special instructions to Bidders for online bidding:
(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 & 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.
•••• Bidders to participate in on-line bidding
(i) By registering with above referred portal for User ID and password.
(ii) By obtaining class II 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.
Tender No. GM (M)/SSW/Medicines/SN dated 04.07.2018 due on 27.07.2018
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ENCLOSURE - 3 ILLUSTRATION OF LOADING CRITERIA
A.
Sr.
No. Description
Foreign Vendor
100% import
content
Indigenous
vendor with part
import content
Indigenous vendor
without import
content
1. Basic Price Quoted a) FOB
b) CIF
a) Ex-works
b) Delivered to
MDL Stores
a) Ex-works
b) Delivered to MDL
Stores
2. Add : Insurance Charges In case of 1(a) In case of 1(a) In case of 1(a)
3. Add Sea / Air Freight charges / Inland
Road Transport
In case of 1(a) In case of 1(a) In case of 1(a)
4. Customs Clearance / Port Handling /
Transportation to Yard
In either case i.e.
FOB or CIF
Nil Nil
5. Cost (ex-MDL) excluding taxes & duties without loading towards any
deviation.
Sr. Nos. (1+2+3+4) if FOB price quoted OR CIF price + Sr.
No. 4
Sr. Nos.
(1+2+3)
Sr. Nos.
(1+2+3)
B. Financial Loadings:
6. Variation in payment terms
7. Income tax & Service tax on Technical Services / Service Engineers liability to
MDL.
8. Production Norms such as Scrap %,
output - input ratio
9. Base date for price variation clause
10. Cost (ex-MDL) excluding taxes &
duties after loading for variation 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
12. Equipment performance guarantee
13. Additional delivery period sought over
stipulated period as per tender
14. Additional time sought for supplying
binding data
15. Liquidated damages per week rate /
maximum ceiling
16. Warranty / Guarantee
17. Cost (ex-MDL) excluding taxes & duties after loading for variation in
financial and commercial term.
Sr. Nos. 10 + 11 + 12 + 13 + 14 + 15 + 16
D. Landed cost:
18. Taxes and Duties
19. Landed Cost Sr. Nos. 17+18
Evaluated cost for the purpose of ranking and evaluation will be as per landed cost worked out as per Sr. No. 16
Tender No. GM (M)/SSW/Medicines/SN dated 04.07.2018 due on 27.07.2018
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ENCLOSURE - 4
STANDARD TERMS AND CONDITIONS (STACS)
(For Purchase of Items)
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 'Bidder / Supplier / Contractor' 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 Limited (Purchaser) has contracted to carry out work in relation to which orders are placed by the
Purchaser on the Bidder / Supplier / Contractor 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 & LANGUAGE FOR DOCUMENTATION
201. Any letter, facsimile message, e-mail intimation or notice sent to the Bidder / Supplier / Contractor at the last known address mentioned in the offer / order shall be deemed to be valid
communication for the purpose of the order/contract. Unless stated otherwise by the
purchaser, Language for communication & all documentation shall be same, which the Purchaser has used, in the tender enquiry.
210. PURCHASER’S 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 Bidder/Supplier/Contractor 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 purchaser’s premises, the
Bidder/Supplier/Contractor 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
Tender No. GM (M)/SSW/Medicines/SN dated 04.07.2018 due on 27.07.2018
Page 18 of 30
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 / Supplier / 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 / Supplier / Contractor the same shall be deducted from any sum then due or thereafter may become due to the Bidder / Supplier / Contractor under the
contract or any other contract with the Purchaser.
240. ADDITIONAL BANK GUARANTEE
241. 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 / Supplier / Contractor, his employees, licencees, agents or Sub-Supplier /
Subcontractor, 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 Purchaser's employees, agents, Sub-Contractors / Suppliers occurring and
to the extent caused by the negligence of the Bidder / Supplier / Contractor, his employees,
licensees, 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 SUPPLIERS / CONTRACTOR’S RIGHTS
261. The Bidder / Supplier / 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 & RIGHT OF PURCHASER
271. The Bidder / Supplier / 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 / Supplier / 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 / Supplier / 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 distributor/stockiest 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
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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 individual/firm, 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.
The seller will also be debarred from participation in any RFQ/Tender for new projects/program 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
disfavor 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 for 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 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 contract/s. 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 and/or the Prevention of
Corruption by Public Servants, shall entitle Purchaser to cancel the contract/s 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.
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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 M/s. (Bidder / Supplier / Contractor) and
Mazagon Dock 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 items/equipment to MDL
shall be arranged by the Bidder / Supplier / Contractor from the concerned authorities in their
country without any time & cost implications on the Purchaser.
330. BANNED OR DE-LISTED CONTRACTORS / SUPPLIERS
331. The Bidder / Supplier / Contractor declares that they being Proprietors / Directors / Partners
have not been any time individually or collectively blacklisted or banned or delisted by any Government or quasi Government agencies or PSUs. If a bidder’s entities as stated above have
been blacklisted or banned or de-listed 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 SUPPLIER/SUPPLIER
341. MDL being a Defence Public Sector Undertaking, Bidder / Supplier / 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 dispute/differences 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 tender/agreement/order/contract, 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 who/which shall then scrutinise the claims/disputes that have been referred to the concerned functional Director and make efforts
for amicable settlements by mutual discussions/negotiations.
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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 clause of the contract. iv) In case the issues/disputes 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 disputes/differences, if any, shall then be settled by arbitration.
The Arbitration proceedings shall be conducted at Mumbai, India, in English Language, under
the Arbitration & 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 difference/dispute between the Purchaser and Supplier, being Central
Public Sector Enterprises/Central 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 disputes/differences remain unresolved/unexecuted, 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 contract/PO.
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 i.e. courts in Mumbai shall alone have jurisdiction to decide upon any dispute arising out of or in respect of the contract.
370. INDIGENIZATION (ONLY FOR P15B & P17A PROJECTS)
371. Bidders while participating shall provide details on list of items being imported, proposed Indigenization content, Model & Plan towards indigenization in their techno-commercial offer.
The proposed indigenization plan shall be formulated in such a manner that there is a progressive increase towards indigenization as well as items indigenised across the shipsets as
follow:
Ship Set 1st 2nd 3rd 4th 5th 6th 7th
Indigenization %
Proposed item being
indigenized (List here)
372. REJECTION OF OFFER:
Bidders not agreeing to accept Indigenization clause, Purchase preference and/or Price
preference clause and submission of INDBG shall be categorically rejected. Bidders with more
than 50% FE content (Indian firm) & less than 30% INR content (Foreign firms) are liable for rejection.
373. PREFERENCIAL TREATMENT:
PURCHASE PREFERENCE:
i. Tenders where all bids are from Indian supplier:
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Purchase Preference shall be extended to bidders where the difference in FE content of L1 & L2
is more than 10% of FE content of L1 firm and the difference in overall quote of L1 & L2 is less than 10% of the L1 firm. ii. Tenders where all bids are from Foreign supplier:
Purchase Preference shall be extended to bidders where the difference in INR content of L1 &
L2 is more than 10% of INR content of L1 firm and the difference in overall quote of L1 & L2 is less than 10% of the L1 firm. iii. Tenders where all bids are from both Indian & Foreign supplier:
Purchase Preference shall be extended to Indian bidders where the difference in overall quote
of L1 & L2 is less than 10% of the L1 firm. L1 firm being a foreign firm.
PRICE PREFERNCE:
MDL reserves the right to go for even “Price Preference” in case, level of Indigenization is considerably high by a firm which is otherwise not L1.
374. INDIGENIZATION BANK GUARNATEE (INDBG):
Supplier who enjoys the advantage of Indigenization clause with Purchase / Price preference shall submit Bank Guarantee as per GT&C Clause No. A 210.
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ENCLOSURE - 5
GENERAL TERMS & CONDITIONS (GT&C) FOR ITEMS & SERVICES
(EXCLUDING CIVIL WORKS)
A10. Blank
A20. SECURITY DEPOSIT
A21. The successful bidder shall submit a Security Deposit @ 5% of the value of the Order in the form of Demand Draft / Bank Guarantee in the prescribed format in favour of Purchaser within 15
days from date of LOI / Order / 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 default / breach by Bidder / Vendor / Contractor 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 Bidder / Vendor / Contractor failure to attend the Guarantee defects within a reasonable period of time, the Performance Bank Guarantee will be encashed by the Purchaser.
The Purchaser’s decision shall be final and binding on Bidder / Vendor / Contractor in this regard.
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 & MONITORING
A71. Where so stipulated in the order, the Bidder / Vendor / 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 A81. 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 delivery / Completion period the
progress of manufacture / Supply is not to the satisfaction of Purchaser and failure on the part
of the Bidder / Vendor / Contractor to comply with the delivery schedule is inevitable. In such an event the Bidder / Vendor / Contractor 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 Bidder / Vendor / Contractor at
his cost.
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A82. In case of breach / non-compliance of any of the agreed terms & 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 MDL’s option & discretion and entirely at
your risk and cost. Extra expenditure incurred by MDL in doing will be recoverable from you.
A90. PRESERVATION AND MAINTENANCE
A91. Should any material require any l preservation till its final installation / fitment, the detailed procedure (Long term & 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 Bidder / Vendor / Contractor.
A92. Further the de-preservation prior to the material / equipment 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 & INSURANCE:
A101. For Indigenous Bidders: In cases where the offers are for 'Door Delivery to Purchaser', transit
freight & Insurance charges shall be borne by the Bidder / Vendor / Contractor. In other agreed cases of Ex-works / Ex-Transporter's warehouse or Railway godown offers, the Bidder / Vendor
/ Contractor on dispatch, shall give details of materials with dispatch particulars and their value
in time to Purchaser's Insurance Company on the contact details as provided in the order. In such agreed cases, the freight & insurance charges will be paid by the purchaser directly to the
parties concerned.
A102. For Foreign Bidders: For overseas supplies on CIF basis. Freight & Insurance up to port of destination (Sea/Air) shall be arranged by the Supplier/Contractor. The Bidder / Supplier /
Contractor shall immediately on despatch of the items, inform all relevant details of despatch such as Order Number, Bill of Lading/AWB Number marked as Freight Paid, Insurance
policy/document, number of packages, value of consignment, invoice number directly to Purchaser's insurance Company & Purchaser in time. In case of delivery term other than
CIF/CIP, the freight & insurance charges will be paid by the purchaser directly to the parties concerned.
A110. TAXES & DUTIES / STATUTORY LEVIES ( Refer clause no : 13 of tender )
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 taxes and duties applicable in their offer. When the items qualify for exemption partly/fully but
the supplier did not avail of the same, the amount of taxes and duties on such supplies shall be
to supplier’s account. In cases where exemption certificates are not issued for any reason, taxes
shall be paid as indicated in the Purchase Order/Contract. Tax deduction at source will be effected wherever applicable (e.g. TDS under Income tax Act, TDS on Works Contract under MVAT Act etc.) from the bills of the Supplier as per statutes. Octroi duty exemption certificate
issued by Customer’s representative will be provided on Supplier’s written intimation with
relevant details regarding readiness of items for dispatch. Where payment of Octroi duty is agreed to and stipulated in the Purchase Order / Contract, the same will be reimbursed by
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Purchaser at actual after receipt of Supplier’s bills along with 'Original Octroi paid money
receipt' and copy of Form ‘B’. Octroi receipts are to be drawn/issued in the name of ‘Mazagon Dock Limited’ only. 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 supplier’s 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 ‘Mazagon Dock Limited’ 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 TIN Number and declaration in accordance with the provisions of GST Tax Act,
2017 along with HSN number, is indicated in the Invoice and where payment of Central Sales Tax (CST) is agreed to, the Supplier will be paid CST on the basis of the Invoice indicating
particulars of his CST Registration Number and such Invoice should also indicate the VAT TIN Number and CST Number of the Purchaser. Where Central Excise Duty is agreed to be paid by the Purchaser in the Purchase Order/Contract, the Suppliers will be paid Excise Duty claimed in
the Invoice on the basis of Central Excise Invoice issued as per Rule 11 indicating the
ECC/Excise Registration number to be enclosed along with Commercial Invoice/Tax Invoice. In the case of payment of Service Tax agreed to as per purchase order/contract, the same will be paid on the basis of Tax Invoice indicating the Service Tax Registration number and the category
of service for which the contractor/Vendor is registered with the Service Tax Department. A
copy of the Service Tax Registration certification will be submitted by the contractor/Vendor as
a onetime requirement in support of the Registration number indicated in the Invoices. Based on requirement, the Vendor/contractor may be called upon to produce evidence of validity of
the Service Tax Registration at any point of time during the currency of the contract.
A112. Stamp Duty (Applicable only for the Work Contracts): It shall be incumbent on the successful tenderer to pay Stamp duty on the contract. As per the provision made in article 63, Schedule-I,
read with section 30, of the Maharashtra Stamp Act (Bombay Act LX of 1958), Stamp duty is
payable by the successful tenderer for “works contract” that is to say, a contract for works and labour or services involving transfer of property in goods (whether as goods or in some other
form) in its executions and includes a sub-contract, as under:
Contract Value Stamp Duty
Where the amount or value said forth in work contract does not exceed
Rs. 10 Lakhs.
Rs. 500.00
Where it exceeds rupees 10 Lakhs Rs. 500.00 +1% of the amount
above ten lakhs subject to
A120. DEMURRAGE
A121. Storage and Demurrage charges will be payable by the Bidder / Vendor / Contractor for all
shipments that reach purchaser without proper despatch 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
A131. The 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.
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A133. The Bidder / Vendor / Contractor shall accord all facilities to Purchaser's 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 Purchaser's 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 / Vendor / Contractor shall unconditionally and free of cost to the Purchaser transfer information on technological developments / innovations / modifications which the
Bidder / Vendor / Contractor would evolve in future (within 3 years) in relation to the supplied equipment. To enable this, the Purchaser's address shall be added to the Bidder / Vendor / Contractor's mailing list or database or any other document maintained for dissemination of
product information and the Purchaser shall be informed of the action taken in this regard. If
such improvements / modifications are brought in by the Bidder / Vendor / Contractor’s Design
Department in the course of manufacture of equipment ordered by the Purchaser, the Bidder / Vendor / Contractor shall incorporate such improved versions in the equipment without any
extra cost to the Purchaser under Purchaser’s 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 / Vendor / Contractor, the Bidder / Vendor / 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 /
Vendor / 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 / Vendor / 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 /
Vendor / Contractor shall pay to the Owner royalty at the rate mutually agreed to.
A165. The Sub-contractor / Supplier / Vendor 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
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equipment supplied. Should the Sub-contractor / Supplier / Vendor 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. PURCHASER’S 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 FOR FREE ISSUE MATERIAL
A181. The Bidder / Vendor / Contractor shall furnish Bank Guarantee 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. BIDDER’S 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.
A200. FACILITY PROVISION (Applicable only for Services)
A201. The Purchaser would consider providing facilities like - compressed air at one point, cranage facility for handling heavy loads for lowering onto the ship and water intended for use by the
Contractor / Bidder for execution of contract for working within the Purchaser’s premises at no
extra cost to the Contractor / Bidder. Industrial gases, electrical power, office space / RU store
facility may be provided at one point only if possible and available and on chargeable basis if so desired by the Contractor / Bidder. The contractor / Bidder shall make his own arrangements
for fixing necessary fittings, wires, welding machines, transformer, etc for power, connecting
lines, storage etc for water and necessary fittings, pipes, breaker, hoses etc for compressed air.
A210. INDIGENIZATION BANK GUARANTEE (INDBG) (ONLY FOR P15B & P17A PROJECTS)
A211. The successful bidder shall submit a INDBG @ 1% of the value of the Order (excluding taxes &
duties) in the form of Demand Draft / SWIFT/ Bank Guarantee in the prescribed format in
favour of Purchaser within 25 days from date of Order / Contract. Delay in submission of INDBG will entail interest rate & will be deducted as per the prevailing rate declared by HOD(F)’s Circular (for foreign supplier it will be EUROBOR/LIBOR plus 2% & for Indian suppliers, it will
be SLR plus 2%). The INDBG shall be valid upto Guarantee Period plus 4 weeks. The INDBG will be returned only after the successful completion of Indigenization & guarantee period of
equipment. Refund of INDBG whenever considered admissible by the Purchaser, shall be without interest only.
A212. In case Price Preference is considered, the INDBG shall be for the value equivalent to the
difference between quoted value of L1 & negotiated value of L2 (excluding taxes & duties).
A220. FORFEITURE OF INDIGENIZATION BANK GUARANTEE (INDBG) (ONLY FOR P15B & P17A
PROJECTS)
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A221. Non-performance of agreed terms and or default/breach by Bidder/Supplier/Contractor will
result in forfeiture of INDBG with application of risk purchase provisions as felt appropriate by the Purchaser.
A230. PREFERENCETIAL PURCHASE FROM MSE VENDORS
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 (i.e 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. S.O. 581(E) dated 23.03.2012 is applicable.
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ENCLOSURE - 6
PROFORMA BANK GUARANTEE FOR SECURITY DEPOSIT
(ILLUSTRATIVE FORMAT)
(On Non-Judicial stamp paper of value Rs. 100/-. However, the value of stamp paper to be confirmed
from Legal Department, MDL.)
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 “the Purchaser” which 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 firm/sole proprietor business/a 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 amendments/alterations to "the
order" issued by "the Purchaser") for the supply, delivery at site, installation and commissioning of
certain equipment, item/services/civil works etc. as stated in the said Order and the Purchaser having
agreed with the Contractor/Supplier to accept a Bank Guarantee in lieu of Security Deposit payable under the said order for the fulfillment 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........... (Rupees.............................only) 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-fulfillment 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 Contractor/Supplier has failed to perform or fulfill 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 Contractor/Supplier 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 order/or 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 Contractor/Supplier or by any such matter or things whatsoever which under the law relating to sureties would have the effect of relieving us.
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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 Bank’s 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 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 ………….(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")
NOTE :- 1. Indigenous supplier or Foreign Supplier through Indian Bank to submit BG.
2. If foreign supplier submits BG through Foreign Bank the same should be submitted by SWIFT. MDL Bank SWIFT A/c. No. is SBININBB101.
3. In case any changes to format are desired by the supplier the same shall be approved as under – i) Dealing Executive to initiate and put up.
ii) HOD(C)/PE(C) to recommend iii) CS/GM(L&E) to vet.
iv) Functional Director to approve. 4. If BG is not received directly from Bank then MDL shall get the Bank Guarantee verified and only on
confirmation of verification the Bank Guarantee shall be considered as submitted. Expenses for BG
verification shall be borne by MDL. 5. If the supplier requests to permit them to submit Bank Guarantee in URDG758 format then the Bank
Guarantee shall be got vetted from CS/GM (L&E) and approved from Functional Director.
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