TENDER ENQUIRY · 2019-12-16 · दो बोल वेब न वदा 8000000. Two Bid Web...

िनिवदा पूछताछTENDER ENQUIRY

[वेब िनिवदा][WEB TENDER]

िनिवदा सं./Tender No 8000000888�य अिधकारी/Purchase Exec. Bhupendra Singhसेवा म� /To

दूरभाष सं./Telephoneफै� स सं./Faxई-मेल/E-Mail

िवभाग/Department OTS(OUTSOURCING DEPT.)�य अिधकारी/Purchase Exec. Bhupendra Singhदूरभाष सं./Telephone No 23763323फै� स सं./Fax No 23743198ई-मेल/E-Mail [email protected]

िनिवदा सं./Tender No 8000000888

आरएफ� यू सं./RFQ No 2100001177

िनिवदा ितिथ/ Tender Date 13.12.2019िनिवदा बंद की ितिथ/Tender Closing Date 06.01.2020िनिवदा बंद होने का समय/Tender Closing Time 15:00:00

िनिवदा शु% क/Tender Fee &/Rs 0.00बयाना रािश/EMD Amount &/Rs 90,000.00पुव( िबड बैठक ितिथ और समय/Pre Bid Meeting Date & Time ,00:00:00िनिवदा खोलने की ितिथ और समय/Tender Opening Date & Time 07.01.2020,15:30:00-. ताव वैधता ित िथ है/Offer should be valid up to 05.05.2020सुर/ा जमा/Security Deposit 0.00 %आदेश मू1 का/PO valueवरीय ब2क जमानत /Perf. Bank Guarantee 0.00 %आदेश मू1 का/PO value

( आगे के िववरण हेतु कृपया स� बं� िनयम शत� को पढ़े । सुिनि त कर! िक कोटेशन और संबंिधत प%ाचार के िलए िवभाग का नाम, *य अिधकारी का नाम ,िनिवदा सं- या,बंद होने का समय एवं ितिथ एवं आरएफ0 यू सं. अपने कोटेशनम! िलख! ।Kindly read and refer relevant terms & conditions for further details. Do ensure to Quote Department Name, Purchase Executive ‘s Name , Tender

Number, closing date & time and RFQ Number in your Quotation & related correspondence )

ि-य महोदय/महोदयाDear Sir / Madam ,

िवषय /SUB:- BRC OF HIRING OF SERVICES FOR CLEANING OF FRESH WATER TANKS, FUEL TANKS AND SEAWATER TANKS AT MDL/ MBPT/ ND(MB) FOR BOAT 3 TO 6 OF PROJECT P75.

माझगाँव डॉक िशपिब% डस( िलिमटेड -िति7त/संभािवत आपूित(कता(ओं से िन9 न हेतु, -ितयोिगता:क दो बोली -णाली म� ( भाग -।तकिनकी - वािण= बोली एवं भाग ।। मू1 बोली ) बोली आमंि>त करती है।Mazagon Dock Shipbuilders Limited (MDL) invites Competitive – Bid from reputed Supplier for the following in TWO BIDsystem ( Part - । Techno - Commercial Bid & Part - ।। Price Bid ).

* सं.SL.No.

साम2ी / सेवा िववरणMaterial / Service Details

मा%ा / इकाईQuantity / unit

आपूित5 ितिथDelivery Date

00100 Cleaning of Water tanks for P-75 1 Activity unit 15.01.2022

The Line item 00100 covers the following services

000000001 सेवा सं./Service Number :- 1000560 624 Cubic meter

Page: 1 of 2

िनिवदा सं./ Tender No:- 8000000888 िनिवदा ितिथ/ Tender Date:- 13.12.2019 आरएफ� यू सं./RFQ No:- 2100001177

* सं.SL.No.

साम2ी / सेवा िववरणMaterial / Service Details

मा%ा / इकाईQuantity / unit

आपूित5 ितिथDelivery Date

0

संि/? वण(न/Short Description :- Cleaning of watertank

00300 Cleaning of Fuel oil tanks for P-75 1 Activity unit 15.01.2022

The Line item 00300 covers the following services

0000000010

सेवा सं./Service Number :- 1000561 288 Cubic meter

संि/? वण(न/Short Description :- Cleaning of Fuel Oiltank

िनयम और शत@ : भाग ए मे िलखी Aई और इतर संलCप>े इस िनिवदा एक अिभD अंग ह2 |हम� आशा ह2 की,हम� -ितयोिगE:क और उिचत-Hाव इस िनिवदा के िलए -ा? होगा |Terms & Conditions as indicated in Part A of this tender and other enclosures / annexures form an integral part of this tenderdocument. We look forward to receive your most competitive and reasonable offer against this Tender.

माझगाँव डॉक िशपिबIस( िलिमटेड के िलए /For Mazagon Dock Shipbuilders Ltd

Page: 2 of 2

दो बोल� वेब �नवदा 8000000.

Two Bid Web e-tender BRC for cleaning of Fresh water tanks, Fuel tanks and Sea water tanks at MDL/ MbPT/ ND(MB) for boat 3 to 6 of Project P75.

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MAZAGON DOCK SHIPBUILDERS LIMITED (Formerly known as Mazagon Dock Ltd)

CIN: U35100MH1934GOI002079 (A Government of India Under taking)

Dockyard Road, Mazagon, Mumbai 400 010. INDIA

Certified – ISO 9001/EN ISO 9001 for Shipbuilding Division

Tel. No.: +91(022) 2376 3311. Fax: +91(022) 2376 3198.

E mail: [email protected] Website: www.mazdock.com

DIVISION- SHIP BUILDING DEPARTMENT- OUTSOURCING.

MDL TENDER No. E-TENDER DATED E-TENDER CLOSING DATE & TIME E-TENDER OPENING DATE & TIME

: 8000000888 : 13/12/2019 : 06/01/2020 at 1500 Hrs. IST. : 07/01/2020 at 1530 Hrs. IST.

माझगाँव डॉक शपब�डस� लमटेड, मुबंई �वारा पा� बोल�कता�ओं से नीचे "दये गए &ववरण के अनुसार दो-बोल� )णाल�

(१) वा+णि-यक .नयम एवं शत/ के साथ तकनीक1 बोल� (२) म�ुय बोल के अंतग�त ई-)ॉ3यूरम5ट पोट�ल

(http://eprocuremdl.nic.in) के मा6यम से बोलयां आमं�त क1 जाती है । MAZAGON DOCK SHIPBUILDERS LIMITED INVITES ON-LINE COMPETITIVE BIDS from reputed Bidders / Vendors in TWO BID SYSTEM (Part-I Techno Commercial Bid and Part-II Price Bid) on our e-procurement portal http://eprocuremdl.nic.in, for the Work/Services as detailed in this tender document: Note: Before quoting against this Tender, the prospective bidder is requested to go through the Tender Enquiry document (& Annexes, if any) thoroughly & carefully. Deviations to the Terms & Conditions of the Tender are highly discouraged. Therefore, any doubts arising in respect of any of the Terms & Conditions stipulated, Qualification Criteria, Eligibility for exemption from submission of EMD, clarification if any w.r.t. Documentation / Procedural requirements, etc. shall get clarified by the prospective bidder through the Dealing Executive invariably before the submission of the Bid.



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Salient Features of MDL’s e-Procurement System for Participating in (this) E-Tender:

1. Submission of bids against e-Tenders: The bidder is required to quote online on the e-Procurement website www.eprocuremdl.nic.in by the deadline, by submitting the Techno-commercial Bid & Price Bid in Electronic format only. The prices/quotes & a few declarations shall have to be entered/uploaded by the bidder online in the Tender’s entry forms & other bid documents’ scanned/soft copies shall have to be uploaded as part of the bid. All bids should be digitally signed using DSC (as explained below).

2. To be able to participate in e-Tender (s), every bidder must register themselves on the ASP’s website (registration is free of cost) & must possess a legally valid Class-IIB or above Digital Signature Certificate (DSC) as per IT Act-2000, using which they can sign their electronic bids. The DSC can be procured from any Certifying Authority (CA) authorized by Controller of Certifying Authorities (CCA) of Govt. of India.

3. National Informatics Centre (NIC) have been appointed by MDL as the Application Service Provider (ASP).

4. Online User Manual is available on the website for the guidance of users & for participating in the e-Procurement/ e-Tendering, the bidder must ensure having the requisite (IT) infrastructure at their office premises.

5. For any further details of e tendering & digital signatures, please contact 0120- 4200462, 0120-4001002, 8826246593, [email protected] OR Mr. Vishal Katiyar, Manager Phone – 23763249/3250, [email protected].

6. Bidders in their own interest are requested to upload their bids well in advance of tender closing date to avoid the last minute difficulties in uploading the bids. 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. MDL reserves all rights in this regard & decision of MDL shall be binding to the applicant. Problems in hardware/software, internet connectivity, system configurations, Browser setting etc., for whatsoever reason shall not be considered for extension of tender closing date and time.

7. MDL will not be responsible for an error in downloading of tender documents from web by the bidders. The version appearing on MDL website will be considered final and authentic.

8. All bidders are requested to get their technical queries, if any, clarified in advance (3 days in advance to tender closing date) before bidding to avoid last minute delay. For any technical clarification, bidders are requested to contact Mr. D. Chenna Kesavulu, DM (Planning- EY) OR Mr. Dinesh Sonawane, CM (Planning-EY) Tel. no.: 022-23763603/3702, email: [email protected] OR [email protected]



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1. Subject: E-Tender enquiry (Two Bid System) BRC for Hiring of services for cleaning of Fresh water tanks, Fuel tank and Sea water tanks at MDL/ MbPT/ ND(MB) for boat 3 to 6 of Project P75.

2. SCOPE OF WORK: As per Annexure-A.

3. INSPECTION: Inspection shall be done by QA-EY / SOT (MB) and the work completion certificate will be issued by the representative of user dept. of the rank of Chief Manager & above.

4. Tentative work completion period, work schedule, contract validity & mobilization: 4.1 Contract validity: The contract shall be valid for a period of 2 years from the placement of

order. Exact date of commencement will depend upon award of contract. Any work released till the completion of contract shall be carried out by the contractor.

4.2 Mobilization: Successful contractor shall complete mobilization of his workforce, tools and equipments within 7 days from date of award of order. During mobilization period, contractor should arrange entry passes for his employees for yard entry as per MDL’s security procedures; no excuse for delay in commencing the work on this account will be entertained.

4.3 Schedule of work: Schedule of work will be jointly prepared by OIC (not below the rank on Chief Manager) with contractor for overall contract period after placement of order. The contractor has to undertake the work as per schedule mentioned therein. Work will be released to the Contractor periodically by means of written Schedule jointly prepared within overall contracted period between Contractor & OIC. You shall complete the assigned work as per mutually agreed work schedule, released from time to time during the contractual delivery period. This delivery schedule will be strictly adhered for execution & same will be criteria for LD applicability. Log Books covering Instruction Register & Hindrance Register shall be maintained by User Department, under the custody of Chief Manager & above Executive nominated by the OIC. Instruction given to contractor will be recorded in the Instruction Register. The Contractor as well as MDL berth executive is required to record hindrances in hindrance register.

5 INTEGRITY PACT (IP) & INTEGRITY PACT BANK GUARANTEE (IPBG): Not Applicable. 6 EARNEST MONEY DEPOSIT (EMD):

6.1 EMD applicable for this tender is Rs. 90,000/- (INR Ninety Thousand only).

6.2 EMD in the form of NEFT/ crossed DD/ Pay Order/ Bank Guarantee drawn in favor of MAZAGON DOCK SHIPBUILDERS LIMITED or bid bond/ SWIFT Message of equivalent foreign currency for foreign bidders shall be forwarded to HOD (Commercial) 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 DD/ Pay Order/ 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 as per the list of banks approved by SBI/ Canara bank published on MDL website, payable at Mumbai. Crossed DD/ Pay Order issued by Cooperative banks however will be accepted subject to realization. Authorized Indian agent of the overseas bidders can submit EMD in the form of NEFT / DD/ Pay Order in Indian Rupees. Similarly authorized Indian agent of the overseas bidders can submit BG on behalf of foreign bank as per list of banks approved by SBI / Canara bank as bank of international repute published on MDL website. 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. No change/modification in the text of the prescribed format of the BG is permissible.



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6.3 Contractors/bidders can use the following links/steps for making online payment of EMD/SD.

a) www.mazagondock.in/onlinepayment.aspx OR

Follow the following steps. Go to www.mazagondock.in Click on online payment tab available on home page. 4 options viz. Career, tender, security, scrap/disposal will be available. Click on the respective tab and make the payment online using debit cards, credit cards, net banking, BHIM/ UPI etc. after filling the required details.

6.4 Bidders should mention EMD details on MDL e-procurement portal and also upload the scanned image of document pertaining to EMD remittance / scanned image of EMD-BG/ EMD-DD/ EMD-Pay Order, in Part-I Techno- Commercial e-bid. 6.4.1 In case of BG/ DD/ Pay Order, Details to be entered: BG/ DD/ Pay Order No., date, Value,

issuing Banks’ name, address, Tel. no., Fax no. & E-mail ID, BG validity expiry date; etc. 6.4.2 In case of online remittance of EMD amount, scanned image of Annexure-F, duly filled,

shall be uploaded in Part-I Techno-commercial e-bid. Further, the bidder should specifically mention the details of company name as well as nature of remittance, tender number/order number etc. in the text/narration fields of Bank’s NEFT remittance in order to identify the same.

6.5 Bids without EMD will not be considered. EMD of unsuccessful bidders will be returned after finalization of the tender and shall be interest free.

6.6 Following bidders shall be exempted from submission of EMD. 6.6.1 State & Central Government of India departments, Public Sector Undertakings. 6.6.2 Firms registered with Mazagon Dock Shipbuilders Limited (MDL). To qualify for EMD

exemption, firms should necessarily upload VALID copy of the registration certificate, for the items/ services for which the offer/bid is being submitted, issued by MDL in Part-I offer/bid. Firms in the process of obtaining MDL registration will not be considered for EMD exemption.

(Important Note: This tender is floated for MDL’s PR-Mat/Service Group: 1402034– Cleaning, Ship’s Tanks & Mechanical Wire Brushing. Vendors / Firms who are permanently registered under this group in MDL, only for them EMD is exempted. Other vendors that are permanently registered under different group in MDL have to submit EMD as stipulated in tender.)

Offer received without EMD who are not registered in above said product/Service group will be rejected.

6.6.3 Firms registered with NSIC under its “Single Point Registration Scheme”. (Exemption will apply only to items / service indicated under description of work / supplies / services for 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.

6.6.4 Firms registered with Micro and Small Enterprises (MSEs). To qualify for EMD exemption, firms should necessarily upload VALID copy of the registration certificate from the competent authority regarding their Micro/ Small Industry status in Part-I offer/bid”.

6.6.5 Common/Deemed DPSU registered vendors qualify for EMD exemption. Such firms shall upload 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.

6.6.6 Green Channel Status vendors qualify for EMD exemption. Such firms shall upload 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.



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6.7 The original BG/ DD/ Pay Order must be submitted to the Head of Department (HOD), Outsourcing Department, Sixth Floor, Service Block, North Yard, Mazagon Dock Shipbuilders Ltd., Dockyard Road, Mazagaon, Mumbai-400010 without fail within seven (7) MDL working days from the Tender closing date, in an envelope super-scribing the Tender no., Tender date, Tender closing date, Purchase Officer’s name & brief description of the services / work tendered. If the original BG is not received by the Purchase Officer at MDL within this duration, the Bid would be considered invalid & rejected accordingly.

6.8 EMD of the disqualified/Techno-commercially rejected bidder (s) will be refunded within fifteen (15) days from the date of receipt of approval for opening of price bids of the Techno-commercially qualified offers. EMD of other unsuccessful bidder (s) will be refunded after placement of the Order on the successful bidder. EMD of successful bidders may be converted into security deposit or refunded on receipt of security deposit BG. The returned / refunded EMD would be interest free.

7 BID REJECTION CRITERIA:

7.1 Following bids shall be categorically rejected. 7.1.1 Bids/Offers received other than e-portal mode. 7.1.2 Bids received without scanned image of EMD/ MDL registration/ NSIC registration/ MSE

registration Certificate (issued from competent authority) not uploaded in Part-I tender stage.

7.1.3 Bidder not quoting for all the services tendered & listed in the Rate Sheet. 7.1.4 In case of e-tenders, if the date of EMD in the form of bank guarantee / DD or the date of

remittance of EMD amount is later than the tender closing date. 7.2 Following bid rejection criteria may render the bids liable for rejection.

7.2.1 Bidder’s failure to furnish 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.

7.2.2 Incomplete/ misleading/ ambiguous bid in the considered opinion of the Technical Negotiation Committee (TNC) of MDL.

7.2.3 Bid with technical requirements and/or terms not acceptable to MDL/ Customers/ External agency nominated, as applicable.

7.2.4 Bid received without qualification documents, where required as per the Tender. 7.2.5 Bid not meeting the pre-qualification parameters / criteria stipulated in the Tender Enquiry. 7.2.6 Bid with validity expiry date shorter than that specified in the Tender Enquiry. 7.2.7 EMD validity period is shorter than specified in the tender enquiry. 7.2.8 Bidders who have not agreed for the fixed price till the validity of the tender or have quoted

the variable price. 7.2.9 Bidder not agreeing to furnish required Security Deposit (SD) or for not agreeing to extend

the validity of the submitted SDBG in case of requirement of extension of validity of the Order/of Completion Period of the order (refer the relevant para below).

7.2.10 Bidders not submitting Original instrument of EMD within 7 MDL working days from the tender closing date.

8 QUALIFICATION CRITERIA:

8.1 Similar work/job is defined as under Firm must submit proof of previous experience of doing similar jobs i.e. cleaning of tanks etc. in any confine space in Ships and submarine or in industries like Oil, Chemical, Airline and Heavy engineering in last 7 years.

8.2 As bid is required to be uploaded on e-portal, the bidders are requested to upload scanned copies of following necessary documents to enable MDL to ascertain their qualification status.

8.2.1 Bidders Company Profile. 8.2.2 Bidders Shop & Establishment and Tax registration certification and PAN card. 8.2.3 List of equipment & machineries facilities held by bidders with model, year and working

status along with details of their manufacturing facilities and personnel with designation, qualification and experience to determine bidder’s capabilities.



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8.2.4 The bidder should have a minimum average turnover of at least for Rs. 6.75 Lakhs during the last three years ending 31st March 2018 (i.e. for the year 2015-16, 2016-17 & 2017-18) and shall upload the audited balance sheet, profit / loss account for the last three years.

8.2.5 Bidders experience of having successfully completed similar work during last 7 years ending 30th November 2019 should be either of the following:

a) Three similar completed works each costing not less than Rs. 18 Lakhs. OR

b) Two similar completed works each costing not less than Rs. 22.50 Lakhs. OR

c) One similar completed work costing not less than Rs.36 Lakhs. OR

d) Cumulative similar works/jobs completed within a span of 12 months totaling to Rs.11.25 Lakhs.

8.2.6 Work Order copies and Work Completion Certificate in support of Clause 8.2.5 should be uploaded. Work Completion Certificate should indicate the work order number, issued by the party for whom the work is done. MDL has the right to verify / cross verification of authenticity of the said documents whenever felt necessary.

8.2.7 All bidders will have to ensure the compliance to MDL security & safety norms while working within MDL premises for trial.

8.2.8 All bidders have to depute the operatives with personal protective equipment such as safety shoes, ear plugs, helmets, gloves etc.

8.3 Techno-commercially accepted bidders shall carry out trials/demonstration onboard submarine. Bidders who are successful in trials shall only be considered for price bid opening.

Note 1: Similar type of work/job is as defined at Tender Enquiry Format (TEF) Clause 8.1 above. Note 2: The bidders need to scan and upload supporting documentary evidence in support of the

Qualification Criteria Viz. Work order, work completion certificate issued by the party for whom the work is done. The Work Order/s not supported by Work Done Certificate/s will not be considered for qualification criteria. The concerned HOD or TNC has a right to verify / cause verification of authenticity of the said document whenever felt necessary.

Note 3: MDL reserves the right to demand for a hardcopy of any of the above documents and any other related documents, if required. Bidders shall comply with the same.

Note 4: The work executed by the bidder for their in-house or capital use will not be considered for the purpose of bidder’s experience or completion of similar works.

Note 5: Sr. 8.2. (a) above not required for permanent registered vendors with MDL. However, such bidders should upload a scanned image of valid registration certificate; duly self-attested and stamped with their company seal.

Note 6: All the qualifying documents indicated in the tender shall be strictly in the name of bidding firm. Qualifying documents submitted in the name of other than bidding firm will not be considered for bidding firm’s qualification.

Note 7: The bidder is required to submit information in the form of the table (Annexure-E) for the orders, which qualifies them as per the above criteria, as the information in the tabular form shall hasten the technical scrutiny.

9 VALIDITY PERIOD: Bids/ Offers shall have a validity period of 120 days from the tender closing date. 10 . PRE–BID CONFERENCE: Not applicable to this tender. 11 . ON-LINE SUBMISSION OF BIDS IN TWO-BID SYSTEM: On-line Offer (e-bid) must be uploaded in two parts, Part-I Techno-commercial bid & Part-II price bid as appearing online: Part- I: Online Techno-commercial bid will be opened on the tender opening date/ extended opening date shall contain the following.



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11.1 Common Documents: 11.1.1 Scanned image of EMD-BG/ Online Remittance as stipulated in TEF clause no. 6 for EMD

shall be uploaded at Part-I tender stage. The original of the (OTS) in sealed envelope

super scribing Tender Enquiry No. and Due date, so as to reach within 7 MDL working

Days from the tender closing date, addressed as below:

GM(OTS),

6th floor, Service block, North yard,

Mazagon Dock Shipbuilders Ltd.

Dockyard Road, Mumbai - 400010.

11.1.2 Bidder should also upload scanned copies of Tender Inquiry Acceptance Format, General

Terms & Condition acceptance format, Standard Terms & Condition acceptance format in

the Prescribed Formats attached herewith (Annexure J, K & L); duly stamped, signed &

filled ‘Accepted OR Not Accepted’ as applicable for each of the clause. Normally

deviations to the tender terms are discouraged. However, if the bidder has any deviations,

the same should be filled in above formats (Annexure J, K & L), mentioning the deviation

against the relevant Tender clause no., failing which it will be construed that all clauses of

Tender inquiry, STACs & GTACs appearing against the tender are understood by you and

are fully acceptable to you. In the event bidder has no deviations, he should submit

following Forms mentioning ‘Accepted’. Any deviations mentioned elsewhere in the offer

other than in said Forms will not be considered.

11.1.3 Blank Rate sheet (Annexure-B), with blanking the prices but clearly indicating ‘Quoted/

Not- Quoted’ applicable against each of the line item shall be uploaded. Also, the

applicable type of Tax and tax percentage shall be clearly mentioned, as applicable

against each of the line item. Blank rate sheet shall be duly stamped & signed and

uploaded online.

11.1.4 Bidders should upload scanned Copies of work Orders, Work Completion Certificates,

and Performance reports for the job executed to meet the qualification requirement

mentioned at TEF Clause No. 8.2.5 above. (Order copies & work completion certificates

to be appended). Also documents pertaining TEF Clause no. 8.2.6 to be uploaded in Part–

I bid.

11.1.5 Bidder should scan and upload Acceptance in firm’s letterhead of:

11.1.5.1 Validity of Offer (TEF Clause No. 9)

11.1.6 Bidder should upload scanned copy of tax and duties certificate for which they are

registered.

11.1.7 Copies of valid Registration or Approval certificates (if any) of the following shall be

uploaded on-line:

Micro Enterprises.

Small Enterprises.

ISO Accreditation.

11.2 In addition to the documents as indicated above, following documents shall be uploaded

by bidder.

11.2.1 Bidders registered with MDL should scanned and upload valid Registration Certificate

issued by MDL.

11.2.2 Bidders not registered with MDL should scan and upload the following document.

11.2.2.1 Track Record as per Format OTS-F-04 (available on MDL website).

11.2.2.2 Bank details for payment as per Format – OTS- F-12 (RTGS/ NEFT) (available on

MDL website).

11.2.2.3 Scanned image of PAN card.

11.2.2.4 Company Profile, Shop & Establishment and Tax registration certificate.

11.2.2.5 List of Equipment held by them.



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Note: Bidders in their own interest are requested to upload their bids well in advance of tender closing date to avoid the last minute difficulties in uploading the bids. Problems in hardware/software, internet connectivity, system configurations, Browser setting etc., for whatsoever reason shall not be considered for extension of tender closing date and time. Part- II (Price Bid): This should contain only the PRICES for each of the listed items strictly in the prescribed format provided with the tender document. Price bid must be enclosed only in the required format as appearing online. A Blank sheet (by blanking the prices) of the price bid shall be uploaded in Part- I. Note: - In case of error in the aggregate values, the individual service-wise quoted rates will be considered. Prices for the tendered services/ Items and applicable Taxes and duties are to be quoted by entering the same online. Timely submission of the e-Bids is responsibility of the bidders and no reasons / excuses in this regard will be entertained.

11.3 Opening of Techno-Commercial e-Bid (Part-I): Techno-Commercial e-bid (Part-I) will be opened online on the tender opening date or extended tender opening date or next working day if opening date happens to be holiday declared by MDL. The participant bidder can also witness opening of the bids online from their locations by logging on MDL e-procurement website with their Digital Signature Certificate (DSC).

11.4 Opening of Price e-Bid (Part–II): After completion of Techno-commercial scrutiny, intimation for price e-bid opening will be communicated only to techno-commercially accepted bidders. Bidder (s) to note that such intimation may be given at a short notice by Fax, E-mail or even by telephone only to techno-commercially accepted bidder(s). Techno-commercially qualified bidders can also witness opening of price bids online from their locations by logging on MDL e-procurement website by using their Digital Signature Certificate (DSC). L1 will be determined after taking into account loading factor if any.

12 . PRICING:

12.1 Contract Price shall remain firm and fixed till completion of all work as per scope of work. 12.2 MDL shall not be bound by any printed conditions or provisions in the Contractor’s Bid Forms

or acknowledgement of CONTRACT, invoices, packing list and other documents which purport to impose any conditions at variance with or supplemental to CONTRACT.

12.3 Bidder while quoting should consider the all costs such as labour, hike in the minimum wages, transportation, equipment, all incidental expenses etc. for the entire contract period.

12.4 Growth of work clause: MDL shall be at liberty to place additional work to the extent of 15% of contract value at the same terms and conditions of the contract within contractual delivery period and bidder shall have to honor it. Such additional work shall be entrusted to the contractor through a separate Order to that effect or through an amendment to the Order. In any case, the contractor should not undertake any (additional) work beyond the Contractual period without an order to that effect from MDL. This additional 15% work is considered beyond the total Tendered quantity. The contract period may be extended by 3 months with same terms and conditions of this contract.

13 . RANKING OF BIDS & DETERMINATION OF L-1 BIDDERS:

13.1 Techno-Commercially qualified overall Lowest Bidder will be considered for the placement of order. On-line Ranking visible to the bidders after opening part II price bid is without loading parameters.

13.2 However, the Overall L1 bidder will be evaluated offline after applying all applicable loading parameters as mentioned in the tender document and commercial terms.

13.3 Taxes, duties and Levis are excluded for the purpose of ranking of price bids to determine L1 bidder. A situation may arise where overall cost (inclusive of taxes, duties and levies) of services by the adjudged L1 bidder may be higher compared with any other bid(s) depending on the tax structure. Therefore, it would be required that the adjudged L1 bidder has to reduce the price to make it competitive both before including taxes, duties and levis and after including taxes, duties and levis. If the adjudged L1 bidder does not agree to reduce the price to make it competitive after including taxes, duties and Levis, then the next ranked bidder will be afforded the opportunity so that procurement is competitive.



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14 . WORK DONE CERTIFICATE:

14.1 WDC shall be prepared by the contractor for the completed activities and shall be certified by the concerned OIC (not below the rank of Chief Manager) for each inspection stage of the compartment/equipments. Payment shall be as per the quantities certified in WDC.

14.2 The WDC shall include cumulative statement of jobs carried out till last WDC. The necessary service entry shall be made in SAP system by the WDC certifying authority & will be submitted to the contractor for further invoicing. The WDC shall bear relevant Service Entry Sheet No., PO No. and respective item Sr. No., sub service line item of the PO.

14.3 The WDC must clearly mention the scheduled dates for starting & completion/delivery of the jobs as mutually agreed between OIC MDL & contractor and the actual dates of start & completion.

14.4 In case of delays, the duration along with numbers of delayed days shall be specified in respective WDCs to invoke LD clause and effect recoveries from sub contractor's invoice.

14.5 An illustrative format of Work Done Certificate is at Annexure- M. 15 . TERMS OF PAYMENT:

15.1 100% will be made through RTGS/NEFT between 15-20 days for actual quantities of work executed and on submission of documents as given below:

15.2 Set of Original + 2 Copies of signed Tax Invoice to be submitted to Receipts Sections along with Service Entry through SAP system from user department.

15.3 The bills should be preferably submitted within four weeks of certification of Work Completion Certificate ‘WCC’ to Receipts Sections adjacent to ARS punching station of South Yard along with Service entry through SAP system from user department.

15.4 Alternate MSME Bidder/Vendor payment through TReDS: 15.4.1 In order to address the financial needs of MSME Bidders/Vendors, GoI has introduced a

platform for facilitating the financing of trade receivables of MSMEs from buyers, through multiple financiers which is termed as Trade Receivable Exchange Discount System

(TReDS). 15.4.2 At TReDS, auctioning of invoices at competitive and transparent environment is done by

financers based on Buyer’s credit profile. MDL, at present, is registered on the “Invoicemart” TReDS platform. Desirous MSME Bidders/Vendors, who want to receive payments through TReDS platform, have to submit the invoice to MDL along with all the necessary requirements as per the PO and the payment terms. Upon receipt and acceptance of the supplied materials/ completion of services and receipt of invoices with the mandated enclosures, after due certification of physical invoices with enclosures by commercial/Material Dept., Finance Dept. shall upload the invoices on the “Invoicemart” TReDS platform and process the invoices for payment. Post uploading the platform, the financier would be bidding for the invoices and respective MSME vendors would be accepting the bid, so that they can get the disbursement from the financier.

15.4.3 Contact details at “Invoice mart” TReDS platform are as below: 15.4.3.1 Mr. Hitesh Popli, GM (Business Development)- +91-9930061225, +91-22-62357385 15.4.3.2 Mr. Amit K. Dutta, CM (Business Development)- +91-8600179668, +91-22-62357361

15.4.4 Any unfinanced invoice/s of MSME Bidders/Vendors seeking payment from MDL directly, shall be processed as per the standard payment terms agreed in PO / contract.

15.4.5 Vendors/ Bidders who desire to get payment through TReDS platform are requested to get registered on “Invoicemart” TReDS platform and forward the details to MDL.

15.5 Contractor shall submit material reconciliation certificate, which is certified by user

department. 15.6 Kindly note that submission of the above documents with the invoice is essential for effecting

(timely) payment to the Subcontractor.

Note: Contractors are requested to raise invoices yard-wise in consultation with WCC issuing authority.

16 . MODIFICATION: Not applicable.



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17 . SECURITY DEPOSIT (SD): 17.1 The successful bidders / Contractors shall submit the Security Deposit @ 5 % of Order Value

(excluding Taxes, Duties, etc.) within 25 days from the date of Order/Contract. 17.2 Submission of SD is exempted for Indian PSUs. In lieu, Indemnity Bond in favour of MDL is

required to be submitted (Format of the same would be forwarded with the Order). 17.3 Please note that MDL does not extend any concession such as exemption in payment of

Security Deposit to any organization (Except PSU) irrespective of their status, like registration with MDL, NSIC, SSI, MSE, etc.

17.4 No interest will be paid on Security Deposit. The security deposit will be returned only after successful execution of the order and shall be interest free.

17.5 Mode of SD: 17.5.1 Security Deposit to be submitted in the form of NEFT / DD/ Pay Order/ Bank Guarantee

drawn in favor of MAZAGON DOCK SHIPBUILDERS LIMITED from the list of banks approved by SBI/ Canara bank published on MDL website within 25 days from the date of contract. Crossed DD / Pay Order issued by Cooperative banks will be accepted subject to realization. Initially security deposit shall be valid for the period of One year. Subsequently same is to be extended for the period of one year plus one-month period towards guarantee obligations. Bidders to advise their bank/banker to send SD-BG directly to commercial department to dispense with additional step of verification of authenticity of signatories. No change/modification in the text of the prescribed format of the BG is permissible.

17.5.2 SD through NEFT- remittance through Bank: In case of online remittance of SD amount, scanned image of Annexure-F, duly filled is to be submitted to Outsourcing Department. Further, the bidder should specifically mention the details of company name as well as nature of remittance, tender number/order number etc. in the text/narration fields of Bank’s NEFT remittance in order to identify the same.

17.6 Any delay in submission of SD shall result into charging of interest by MDL on the Contractor @ PLR of SBI + 2 % on the SD amount for the delayed period. Additionally, in case of failure to submit SD within twenty-five (25) days from the date of order placement, the EMD submitted by the Contractor will be encashed and the Order would be liable for cancellation/termination with the invocation of Risk Purchase provisions of the Tender/Order.

17.7 Additionally, SD amount could be withheld from the payable Invoice (s) of the Contractor, if any.

17.8 In case the completion of work is likely to be delayed beyond the Order completion period/Contractual period or this period is required to be extended, the Contractor shall have to extend the validity of the Bank Guarantee for SD till such extended period. In case of failure to comply with such extension of the Bank Guarantee for SD by the Contractor, the Bank Guarantee is liable for encashment by MDL. Non-performance of the Terms & conditions of Order and/or default/breach by the Contractor will result in forfeiture of the SD with application of Risk Purchase provisions.

18 . GUARANTEE: Not applicable.

19 . PERFORMANCE BANK GUARANTEE: Not applicable. 20 . The bidder shall also abide to all statutory requirements, Official Secret Act 1923, Security and

Safety Rules as per references, which are part of this tender. If contractors’ employees are not adhering to the health, safety and environment norms and the contractors not equipping their employees with suitable safety gears, will be viewed seriously. For non-adherence to above will be levied as per extant guidelines of Security and Safety Rules prevailing time to time, to the contractor without prejudice to other rights to enforce the safety requirements.

21 . TAXES:

21.1 The items/service-wise rates quoted in the Rate sheet should exclude Taxes and Duties. Bidder should indicate Taxes and Duties as applicable separately in the same Rate sheet, at the space provided for, which will be paid extra based on tax invoice to the extent applicable.



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21.2 The variation in statutory levies etc. are not allowed unless the breakups in respect of taxes duties are clearly and separately furnished in bid.

21.3 Bidders are required to submit their provisional ID with HSN number, along with documentary proof. MDL’s provisional GST ID is 27AAACM8029J1ZA.

21.4 Bidders are required to comply with all the provisions applicable under the GST Act. (Please refer Annexure N).

22 . LOADING CRITERIA:

22.1 Deviations sought by the bidder in respect of Payment terms, delivery period, Liquidated Damages (L.D.) shall be loaded on the bidder/s quoted prices during price evaluation by MDL. Among the equal bids, bidders with ISO 9000 series accreditation over Non-ISO bidders, will be given preference. The loading criteria that will be adopted are detailed below & also as per Annexure-H.

22.2 It is desirable that the bidder accepts the Payment Terms indicated in clause 15 above. Varied payment terms quoted by bidders as compared to the terms stated in the Tender document shall be normalized by applying S.B.I. Prime Lending Rate (prevailing at the time of opening of Price bid) plus 2% p.a. rate of interest for the period at variation. (For Indigenous bidder).

22.3 For the additional time 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.

22.4 Deviations sought in respect of Liquidated Damages (L D) 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 e.g. The maximum ceiling towards liquidated damages speculated in the tender is 5% and the bidder seeks to limit it to, say 3.5% then the price quoted will be loaded by 1.5%. If the rate of L.D per week is 0.5% per week or part thereof as per tender and the bidder seeks it as, say, 0.4% per week or part thereof, the maximum ceiling on L D as per tender will first be equated to weeks (10 weeks in this case) and the rate proposed by the bidder i.e. 0.4% 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.

23 . PURCHASE PREFERENCE: Not Applicable. 24 . FREAK LOW QUOTES: In case after opening of price bid of technically cleared firms, it is noted that L-1 firm has quoted very low rates and indicates to withdraw from the tender then EMD shall be forfeited and firm may be given tender holiday including intimation to other PSUs. If the rates quoted are less than MDL estimates by 40% or so and if the difference in rate between L1 and L2 is 30% or more 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. MDL reserves the right of part-ordering the services. 25 . MODIFICATIONS TO THE BID: Bidder desirous of submitting modified Bid prior to the Tender closing date & time may do so by making modifications in their Bid submitted online any number of times before the Tender closing date & time. The last changed Bid shall be considered as the final Bid. 26 . WORKING ON MDL HOLIDAYS: Intimation for working on Saturday / Sunday / holidays if required, should be submitted 2 working days prior to the date of holiday indicating names of personnel to Personnel Department and Security through concerned Department. 27 . TERMINATION & RISK PURCHASE: 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



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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. The Purchaser shall also be at liberty to purchase, manufacture or supply from stock or utilize the services as it deems fit, other articles of the same or similar description to make good such default and or in the event of the contract being terminated, the balance of the articles of the remaining to be delivered there under. Any excess over the purchase price, cost of manufacture or value of any articles supplied from the stock, as the case may be, over the contract price shall be recoverable from the Bidder / Contractor. 28 . LIQUIDATED DAMAGES:

28.1 Time is the essence of the Contract/PO. Therefore, the job, as Ordered, should be completed on the dates mutually agreed upon in accordance with the delivery schedule as indicated in schedule of work at Clause No. 4.3.

28.2 LD rate: A sum of 0.5% (half per cent) per week or part thereof, of the delayed work (undelivered portion of services) subject to maximum of 5% of value of delayed work (undelivered portion of services) of the package/ schedule in each case.

28.3 Applicability of LD: Delays in completion of work due to delayed availability of work front(s) / Free Issued Material, etc. are not attributable to the contractor. Liability towards LD arises only in case of delays in completion of work attributable to the contractor. In case of delay attributable to the contractor, as indicated in WDC by WDC issuing authority, LD shall be levied on the undelivered portion of service. In such cases, the duration along with numbers of delayed days shall be specified in respective WDCs to invoke LD clause and effect recoveries from the contractor's invoice.

29 . MDL will not be responsible for an error in downloading of tender documents from web by the bidders. The Version appearing on MDL website will be considered final and authentic 30 . PARALLEL ORDER: Parallel Rate Contract in the ratio of 60:40. Required (Max two contractors). MDL holds the rights to allot work, section wise based on capacity of the firm. Tank being whole unit, it is not always possible to apportioned in the ratio of 60:40. However efforts will be taken to allocate work to both vendors in the ratio of 60:40. 31 . Contractors shall not engage employees of other contractors presently working in MDL & recorded at Security Dept. The contractor can engage such employee if other contractor gives No Objection Certificate for such engagement & cancel the name of such desirous employee from his roll & accordingly convey to Security. The contractor engaging such employee without permission is liable for penalty including termination of contract & forfeiture of Security Deposit. Such penalty can also be imposed if it is observed that supervisors/ Workers deployed by contractor are not on their role as per statement submitted by him at Security.

32. The contract will be governed by Standard Terms and Conditions and General Terms and conditions while executing work. In case of discrepancy, clauses mentioned in Tender, Technical Scope and Rate sheet will override the clauses mentioned in other enclosures including STACS & GTACS. 33 . In the event of placement of order on unregistered vendor, the firm will apply for registration through Shri C. G. Jalgaonkar, Manager, Outsourcing dept., Tel. No. 23763405, within one month from placement of order. 34 . Procedure for Entry Passes for the Contractor’s Employees: - A Detailed procedure is displayed on the website www.mazdock.com under →Work/Service Contracts. 35 . FREE ISSUE OF MATERIAL: Not Applicable.



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36 . NON-DISCLOSURE AGREEMENT: Not applicable. 37 . PUBLIC GRIEVANCE CELL: A Public Grievance Cell headed by Shri H.V. Karekar. ED(EY) 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 on 6th floor service Block or send their complaints / grievances to him in writing for redressal. Contact Telephone No is 23738368.

38 . SITE VISIT:

38.1 Bidders shall visit the actual site at MDL, for ascertaining the nature & entire scope of work, job requirement, technical specifications, tools & tackles & measuring instruments required, for carrying out the job and intermediate checks, the environment under which the work needs to be carried out at worksite in MDL premises, site conditions etc.

38.2 Bidders are requested to visit actual site at MDL prior to uploading their bid. In this regard please contact following MDL Officials: Mr. D. Chenna Kesavulu, DM (Planning-EY) OR Mr. Dinesh Sonawane, CM (Planning-EY) Tel. no.: 022-23763603/3702, email:

[email protected] OR [email protected]. 38.3 A) MDL reserves the right to consider placement of Order.

B) In case of the performance of the contractor is not satisfactory, MDL reserves the right to cancel the order.

39 . In case of proper on-line filling of Acceptance Formats for Tender Enquiry Form, General Terms & Conditions (GT&C) and Standard Terms & Conditions (STACS), it shall be presumed that all our tender terms & conditions are acceptable to you. 40 . We look forward to your participation in on-line bidding by offering your most competitive and reasonable bid against this tender.

Yours faithfully, For MAZAGON DOCK SHIPBUILDERS LIMITED,

Bhupendra Singh.

CM (OUTSOURCING DEPARTMENT)



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Following documents, references & formats form a part of the tender:

Annexure – A Scope of work.

Annexure – B Illustrative Rate sheet format. Annexure – C QAP (Not Applicable.)

Annexure – D Responsibility Matrix.

Annexure – E Format for information for the past orders. Annexure – F MDL Bank account details for remittance of EMD / SD. Annexure – G Non-Disclosure Agreement

Annexure – H Illustrative format for loading factors for ranking of bids.

Annexure – I Technical documents to be uploaded. Annexure – J (Tender Enquiry Format)TEF Acceptance format. Annexure – K General Terms & Conditions Acceptance Format.

Annexure – L Standard Terms & Conditions Acceptance Format.

Annexure – M Format of Work Done Certificate Annexure – N Terms Related to Taxes (GST)

REFERENCES: Terms & Conditions (Available on MDL Website www.mazdock.com/ →Work/Service Contracts or www.mazdock.com → tenders → shipbuilding → Outsourcing ). 1) Standard Terms & Conditions (STACS). 2) General Terms & Conditions (GTACS) while executing work. 3) Official Secrets Act 1923. 4) Safety Code for Sub-Contractors. 5) Loading Factor. 6) Procedure for entry passes. FORMATS: Available on MDL Website – www.mazdock.com / →Work/Service Contracts. 1) OTS –F-04 Track record. 2) OTS –F-05 Bank Guarantee for E.M.D. 3) OTS –F-07 Order acceptance Format. 4) OTS –F-12 RTGS/NEFT Mandate Authorization Form.



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Annexure – A



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Annexure-B

Rate Sheet for Cleaning of Tanks

Bidder’s undertaking: “As indicated in tender clause No.38, we have visited actual site in MDL premises and understood the nature of work prior to uploading our e-bid on e-portal.” COMPANY’S NAME & ADDRESS: _____________________________ SIGNATURE: DATE: _____________________________ NAME: DESIGNATION: _____________________________ BIDDER’S COMPANY SEAL: NOTE : i) This rate sheet is only for illustration purpose & for the purpose of indicating tax & whether

quoted / not quoted as per clause 11.1.3 of TEF (Tender enquiry form).

ii) Prices are to be quoted in the Rate sheet (BOQ) provided online in .xls format and uploaded in cover-2 online.

iii) Bidder while quoting should consider the all costs such as labour, hike in the minimum wages,

transportation, equipment, all incidental expenses, consumables etc.

iv) Quantity shown is indicative. However, Payment shall be made as per actual work done. v) An illustrative example of blank rate sheet to be uploaded in cover 1 (Part 1 – Technical bid) is

given below:

Illustrative Example of Blank rate sheet to be uploaded in Part-I.

Sr.No. Description of work Qty.

(Nos.)

Unit Rate (Rs.)

Applicable type of tax

& percentage

SAC / HSN code

Total (Rs.)

1 Cleaning of water tanks

624 m3

2 Cleaning of Fuel-oil tanks 288 m3

Total Value

Sr.No. Description of work Qty.

(Nos.)

Unit Rate (Rs.)

Applicable type of tax

& percentage

SAC / HSN code

Total (Rs.)

1 Cleaning of water tanks

624 m3

Quoted GST @ 18%

123456

Quoted

2 Cleaning of Fuel-oil tanks 288 m3 Quoted Quoted

Total Value

Quoted



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Annexure-D



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Annexure-E

FORMAT FOR INFORMATION FOR THE PAST ORDERS: Bidders are required to submit the information for the past orders. Refer TEF Clause No. 8, for details:

Sr. No.

Order placed

by

Order No & Order Date

Description

of work

Order Value

Start date as

per order

Completion date as per order

Actual complet

ion date

Work completion Certificate (WCC)

(issued by customer) ref. no.

& date

WCC date

1 2

3 4

5

6 . . .



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Annexure-F

MDL BANK ACCOUNT DETAILS FOR REMITTANCE OF EMD / SD: 1. Contractors/bidders can use the following links/steps for making online payment of EMD/SD. a. www.mazagondock.in/onlinepayment.aspx

OR b. Follow the following steps. Go to www.mazagondock.in

Click on online payment tab available on home page.

4 options viz. Career, tender, security, scrap/disposal will be available.

Click on the respective tab and make the payment online using debit cards, credit cards, net banking, BHIM / UPI etc. after filling the required details. 2. Details to be filled by bidders making online remittance of funds in MDL’s bank account: Date of Remittance

Name of Firm

Vendor Code

MDL tender/PO. Ref No.

Nature of Remittance viz. EMD/SD etc.

Amount Remitted (Rs.)

Signature of Vendor/Representative

1) SAP Parked Document No: ____________________ Date: _____________

(To be filled in by MDL’s Commercial Executive) Sr. No.2 and 3 above will be filled in by the Vendor and MDL commercial Executive respectively and the form forwarded to Treasury Section for posting of SAP Document to the respective Bank Account. NOTE: Bidders should specifically mention the details of company name as well as Nature of Remittance (EMD or SD), Tender no./ Order no. etc. in the text/ narration fields of Banks NEFT remittance.



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Annexure-G

NON DISCLOSURE AGREEMENT:

This NON DISCLOSURE Agreement made at Mumbai, India on this _______ day of ______2017 between Mazagon Dock Shipbuilders Limited a company registered under the Companies Act, 1956 and having its registered office at Dockyard Road, Mumbai-400 010 (hereinafter referred to as “MDL”) and ____________________________a company registered under the Companies Act, 1956 and having its registered office at _________________________ (hereinafter referred to as “______”). MDL and ______ shall hereinafter be collectively referred to as “the Parties” and individually as “a Party”. WHEREAS

b) MDL has floated a tender and is required to provide certain information to (name of the bidder) to prepare his bid and/or

B. The Parties intend that the aforesaid information be kept confidential as between the Parties. The Parties undertake and declare that they shall not divulge, publish or reproduce the same before any party or person except in accordance with the terms of this Agreement. NOW THEREFORE the Parties agree as follows:

b) As used in this Agreement (hereinafter referred to as the “Agreement”) the term “Confidential Information” shall mean any technical, confidential, proprietary or trade secret information or data disclosed by the Disclosing Party in connection with the _____________________________ to the Receiving Party including without limitation any written or printed documents, specifications for the vessel, plans, general arrangement plans, production schedules, drawings, samples, models, information regarding business operations, financial information, marketing strategies, either in writing or orally or any means of disclosing such Confidential Information that the Disclosing Party may elect to use prior to the execution or during the validity of this Agreement. The Receiving Party agrees that all Confidential Information shall be treated as absolute confidential and the Receiving Party shall not disclose to any person such information otherwise than in terms of this Agreement. The Receiving Party will impose a similar duty of confidentiality on any person to whom the Receiving Party is permitted to transfer such information in accordance with the terms hereof.

For the purposes of this Agreement, the term “Receiving Party” shall mean and include its officers, employees, directors, agents, contractors, representatives, affiliated companies, successors and assigns. 2. Nothing in this Agreement may be construed as compelling the Disclosing Party to disclose any Confidential Information to the Receiving Party or to enter into any contractual relationships with the Receiving Party. 3. Any information or data in whatever form disclosed by the Disclosing Party to the Receiving Party and which (i) is clearly identified as Confidential Information by an appropriate and conspicuous marking or (ii) has been identified as Confidential Information at the time of disclosure shall be subject to the relevant terms and conditions of this Agreement. The Disclosing Party’s decision whether any information disclosed by it under this Agreement is confidential or not shall be final and binding on the Receiving Party. 4. The Receiving Party hereby covenants that the Confidential Information received from the Disclosing Party shall: (a) Be safely kept by the Receiving Party; the Receiving Party shall protect the Confidential Information with the same degree of care as the Receiving Party uses with its own confidential



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information in order to prevent its disclosure, copy and / or its use (but in no event less than reasonable care) for purposes other than the Proposal. (b) Be only disclosed to, and used by, those employees or directors who have a need to know. I Not be disclosed to a third party except those with a need to know provided they receive such information subject to the same restrictions as are contained in this Agreement. (d) Be used by the Receiving Party directly or indirectly, solely for the purpose of considering, evaluating and effecting the tender/bid/contract. 5. The Receiving Party shall promptly upon requests by the Disclosing Party at any time return all copies of the Confidential Information communicated to it hereunder together with all copies and extracts made thereof and shall not retain any copies of the same, in any form whatsoever. 6. The Receiving Party shall have no obligations or restrictions with respect to: (a) Information publicly known through no wrongful act of the Receiving Party. (b) Information rightfully disclosed by a third party without breach of this Agreement by the Receiving Party and which can be communicated without restriction. I Information which was already known or which was independently developed by the Receiving Party (provided that the Receiving Party can demonstrate the same). (d) Information, the disclosure of which the Disclosing Party authorizes in writing. 7. Nothing in this Agreement shall be construed as granting to the Receiving Party any patent, copyright or design license, or rights of use under similar intellectual property rights in respect of the Confidential Information. 8. The Receiving Party shall not without prior written consent of the Disclosing Party: (a) Disclose to any person, directly or indirectly:

i) The fact that the Confidential Information has been made available to the Receiving Party by the Disclosing Party or that the Receiving Party has inspected any portion of the Confidential Information; or ii) The fact that any discussion or negotiation is taking place concerning the Proposal; or iii) Any of the terms, conditions or other facts with respect to the Proposal, including the status thereof; or

(b) Make any private or public announcement or statement concerning or relating to the Proposal. 9. The Disclosing Party represents and warrants that save as otherwise notified in writing to the Receiving Party: a) Disclosure of information by it to the Receiving Party does not infringe the rights of any third party nor is it under any restriction with regard to the disclosure of any information, and that where applicable, it has obtained all licenses and consents necessary to enable the lawful disclosure of information by it to the Recipient; and b) It is not aware of any restriction on the use of such information by the Receiving Party, save as provided in this Agreement. c) To the effect that the foregoing representations and warranties shall be deemed to be given at the date of this Agreement and after that date upon and in respect of each disclosure. The Disclosing Party makes no warranty or representation whatsoever as to the accuracy, completeness, suitability or adequacy of any information or as to the results obtained from it and assumes no responsibility in respect of the use of the information by the Receiving Party. 10. The Receiving Party shall indemnify and hold harmless the Disclosing Party from and against any action, claim or proceeding and any loss, damage, costs, expenses or liabilities arising out of any such action, claim or proceeding, brought by any third party pursuant to any unauthorized disclosure or use of any information by the Receiving Party, or by any person for whom the Receiving Party is responsible under this Agreement, or pursuant to any breach of any undertaking, warranty or representation contained in this Agreement. 11. For the purposes of this Agreement ‘Classified Information’ shall mean information, documents and material of any kind which the respective Government i.e. Indian Government has given or



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caused to be given a security classification irrespective of whether the same is transmitted orally, electronically, in writing or by hand. Notwithstanding any other provision of this Agreement: a) Each Party hereto undertakes to follow security procedures prescribed for military purposes with respect to disclosure, receipt, production, use and handling of Classified Information. b) Any Classified Information, disclosed by one Party hereto shall be, whatever the method of disclosure be, identified by the Disclosing Party as Classified Information at the time of disclosure. c) The provisions of this Clause are to remain in full force and effect notwithstanding any termination by expiration or otherwise of this Agreement. 12. In the event the Receiving Party is required to disclose Confidential Information under any provision of law or upon an action, subpoena or order of a court of competent jurisdiction or of any requirement of legal process regulation or governmental order, decree, regulation or rule, the Receiving Party will immediately notify the Disclosing Party of its having received a request to so disclose (along with the terms and circumstances thereof), unless otherwise prohibited by law and consult with the Disclosing Party on action or steps to be taken in response to such request. 13. This Agreement represents the entirety of the agreement of the Parties relating to the disclosure of the Confidential Information and shall not be waived, amended or assigned by the Receiving Party except by prior written consent of the Disclosing Party. No failure or delay by any party in exercising any right, power or privilege hereunder shall operate as a waiver thereof nor shall any single or partial exercise of any right, power or privilege. The rights and remedies herein provided shall be cumulative and not exclusive of any rights or remedies provided by law. 14. This Agreement shall be valid for a period of TWO (02) years from the date of its execution between the parties. Notwithstanding the aforesaid, the obligations of Parties in connection with confidentiality under this Agreement shall survive in perpetuity. 15. The foregoing constitutes the entire Agreement between the Parties with respect to the subject matter hereof and supersedes and cancels any prior representation, understanding and commitment (whether oral and written) made between the Parties with respect to or in connection with any of the matter of things to which this Agreement applies. 16. This Agreement shall be governed by and shall be interpreted in accordance with the laws of India. 17. Any dispute arising in connection with or out of the validity, performance or the interpretation of this Agreement shall be finally settled by the competent jurisdiction in Mumbai. 18.The Receiving Party acknowledges that any breach of the terms and conditions of this Agreement may cause the Disclosing Party irreparable damage for which recovery of money damages would be inadequate. Therefore, the Receiving Party agrees that the Disclosing Party shall be entitled, in addition to any other remedies available to it, to seek injunctive relief and/or other equitable relief to prevent or restrain any breach by the Receiving Party or its employees/officials, or otherwise to protect its rights, under this Agreement. 19. Unless otherwise provided herein, all notices or other communications under or in connection with this Agreement shall be given in writing and may be sent by personal delivery or post or courier or facsimile at the address as specified herein below: To MDL Address: Phone No.: Fax: E-mail: To __________



Page 26 of 33

Address: Phone No.: Fax No.: E-mail:

Any such notice or other communication will be deemed to be effective if sent by personal delivery, when delivered, if sent by post, 4 (four) days after being deposited in the post and if sent by courier, one day after being deposited with the courier, and if sent by facsimile, when sent (on receipt of a confirmation to the correct facsimile number).

IN WITNESS WHEREOF, this Agreement is executed by authorized representatives of both the Parties in two (2) originals. Signed by the within named MDL In presence of

Signed by the within named In presence of

Note: The above Agreement is to be drawn up by the contractor on non-judicial stamped paper of value Rs.100/-, if it executed in Maharashtra. However, for other places stamp duty is to be levied as per Stamp Act of respective States.



Page 27 of 33

Annexure-H

LOADING FACTORS FOR RANKING OF BIDS: (Illustrative format) A.

Sr. No. Description Foreign Supplier Indigenous Supplier

1 Basic price Quoted a) FOB b) CIF

a) Ex Works b) Delivered to MDL stores

2 Add: insurance charges 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)

4 Customs Clearance / Port Handling / Transportation to Yard

In either case i.e. FOB or CIF Price

NIL

5 Cost (ex-MDL) excluding taxes & duties without loading towards any deviations

Sr.Nos. (1+2+3+4) if FOB price quoted OR CIF price + Sr.No.4

Sr.Nos. (1+2+3)

B. Loading due to variations in Financial Term.


6 Variation in payment Terms 7 Cost (ex-MDL) excluding taxes &

duties after loading for variations in financial term.

Sr.Nos. 5 + 6

C. Loading on Account of deviations in following commercial terms

Sr. No. Description Foreign Supplier Indigenous Supplier 8 Security Deposit / Contract

performance guarantee.

9 Equipment Performance guarantee

10 Additional delivery period sought over stipulated period as per Tender

11 Additional time sought for supplying binding data.

12 Liquidated damages per week rate / maximum ceiling

13 Warranty / Guarantee

14 Cost (ex-MDL) excluding taxes & duties after loading for variations on account of financial and commercial terms.

Sr.Nos.7 + 8 +9 + 10 +11+ 12 +13

D. Landed Cost:


15 Taxes & Duties

16 Landed C Sr.Nos.14 + 15



Page 28 of 33

Annexure-J

TEF (TENDER ENQUIRY FORMAT) ACCEPTANCE FORMAT: To, MAZAGON DOCK SHIPBUILDERS LIMITED OUTSOURCING DEPARTMENT.

TEF CLAUSE No.

BIDDER’S REMARK

TEF CLAUSE No.

BIDDER’S REMARK

ACC. / DEV. ACC. / DEV.

1 2 3 4 5 NA 6

7 8

9 10 NA 11 12 13 14

15 16 NA

17 18 NA 19 NA 20

21 22 23 NA 24 25 26

27 28

29 30 31 32 33 34

35 NA 36 NA

37 38 39 40

COMPANY’S NAME & ADDRESS: _____________________________ SIGNATURE: DATE: _____________________________ NAME: DESIGNATION: _____________________________ BIDDER’S COMPANY SEAL: NOTES: 1. Bidders should carefully read the Terms & Conditions of the Tender Enquiry Form (TEF) prior to filling up this acceptance format. 2. This format should be properly filled, signed and bidder shall upload the scanned copy of the same online. 3. Bidder(s) should indicate “ACC” for Accepted, “DEV” for Deviation Taken for each clause number in the above table. 4. Bidder(s) to attach Separate Sheet indicating all relevant details such as Number & description of the Clause, Reasons for Deviation and Alternative suggested for any deviations taken by them. 5. Clause numbers shown in the above format also includes the sub-clauses under these clauses.



Page 29 of 33

Annexure-K

GENERAL TERMS & CONDITIONS ACCEPTANCE FORMAT: To, MAZAGON DOCK SHIPBUILDERS LIMITED OUTSOURCING DEPARTMENT.

GT&C CLAUSE No.

BIDDER’S REMARK

GT&C CLAUSE No.

BIDDER’S REMARK

GT&C CLAUSE No.

BIDDER’S REMARK

Acc/Dev Acc/Dev Acc/Dev

A10 A90 A170 A20 A100 A180

A30 A110 A190 A40 A120 A200

A50 A130 A210

A60 A140 A220 A70 A150 A230

A80 A160

COMPANY’S NAME & ADDRESS: _____________________________ SIGNATURE: DATE: _____________________________ NAME: DESIGNATION: _____________________________ BIDDER’S COMPANY SEAL: NOTES: 1. Bidders should carefully read the General Terms & Conditions of the Tender (GTACs) prior to filling

up this acceptance format (available on MDL Web site).

2. This format should be properly filled, signed and bidder shall upload the scanned copy of the same

online

3. Bidder(s) should indicate “ACC” for Accepted, “DEV” for Deviation Taken for each clause number

in the above table.

4. Bidder(s) to attach Separate Sheet indicating all relevant details such as Number & description of

the Clause, Reasons for Deviation and Alternative suggested for any deviations taken by them.

5. Clause numbers shown in the above format also includes the sub-clauses under these clauses.



Page 30 of 33

Annexure-L

STANDARD TERMS AND CONDITIONS ACCEPTANCE FORMAT: To, MAZAGON DOCK SHIPBUILDERS LIMITED OUTSOURCING DEPARTMENT.

STAC CLAUSE No.

BIDDER’S REMARK

STAC CLAUSE No.

BIDDER’S REMARK

STAC CLAUSE No.

BIDDER’S REMARK

Acc/Dev Acc/Dev Acc/Dev

101 280 400

102 290 410 103 300 420

120 310 430

200 320 440 210 330 450 220 340

230 350

240 360 250 370

260 380

270 390

COMPANY’S NAME & ADDRESS: _____________________________ SIGNATURE: DATE: _____________________________ NAME:

DESIGNATION: _____________________________ BIDDER’S COMPANY SEAL: NOTES: 1. Bidders should carefully read the Standard Terms & Conditions of the Tender (STACs) prior to filling up this acceptance format (available on MDL Web site) 2. This format should be properly filled, signed and bidder shall upload the scanned copy of the same online. 3. Bidder(s) should indicate “ACC” for Accepted, “DEV” for Deviation Taken for each clause number in the above table. 4. Bidder(s) to attach Separate Sheet indicating all relevant details such as Number & description of the Clause, Reasons for Deviation and Alternative suggested for any deviations taken by them.



Page 31 of 33

Format of Work Done Certificate: Annexure-M Illustrative Format of Work Done Certificate

(WDC to be prepared by the contractor on their letterhead & to be submitted to the certifying authority) WDC Ref. no. WDC date: MDL Sub-Contract Order no. & date: ______________dated ________. The following work/s is/are completed to the satisfaction of MDL as per the above mentioned PO and the following is certified for payment.

PO Line item No.

Service No.

Line item work description.

Line item – PO Qty.

Line item Qty. – certified up to previous WDC

Line item Qty. – certified through this WDC

Mutually agreed completion schedule

Actual work done schedule

LD applicable (Yes/No) & if yes, no. of delayed days.

Service Entry Sheet no.

Yard No.

Start Date

End Date

Start Date

End Date

Amount claimed upto previous WDC: ` (exclusive taxes) Amount claimed under this WDC: ` (exclusive taxes) Cumulative amount claimed as on date: ` (exclusive taxes) Order value: ` (exclusive taxes) From Contractor From MDL Signature & stamp of Contractor. Signature & stamp of WDC issuing authority.

(Not below the rank of Chief Manager) Date: Date:



Page 32 of 33

Annexure – N

TERMS RELATED TO TAXES (GST)

I. GST as per GST Laws shall be payable extra as quoted and agreed.

II. In case of purchases of goods/services from unregistered dealers under GST Laws, GST

will be paid by MDL under reverse charge mechanism.

III. 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 dealers under GST Law) have to submit declaration that they have complied

with ‘Anti-profiteering clause’ under GST Law. Such declaration be given in technical bid.

IV. 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 Laws 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 on MDL or any loss due to delay in availing ITC by MDL or any loss of ITC to

MDL due to errors by vendors at any stage. MDL reserves right to recover any such

interest, penalty or loss from any amount due to Supplier /Contractor or otherwise.

V. 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 Laws due to non / delayed receipt

of goods and / or services and / or tax invoice or expiry of timelines prescribed in GST

Laws 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.

VI. If the vendor is registered under GST, the GST registration number (15 digit GSTIN)

issued by GOI shall be mandatorily provided by the vendor. Vendor having multiple

business verticals within state / at multiple states with separate GST registration numbers

shall forward GSTIN of only that vertical which is involved in supply of goods and/or

services. MDL GSTIN is 27AAACM8029J1ZA and vendor shall mention the same while

invoicing and avoid any data entry error on GST portal.

VII. If the vendor is registered under GST, Vendor shall ensure timely submissio

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