mazagon dock shipbuilders limited certified – …

Tender no.: GM (M)/AR/2000007331 of 52

MAZAGON DOCK SHIPBUILDERS LIMITED

(A Government of India Undertaking) Dockyard Road, Mazagon, Mumbai 400 010. INDIA

Certified – ISO 9001: 2015 for Shipbuilding Division Tel. No.: (022) 23763247, 3246. Fax: (022) 2373 8151

E mail: [email protected], Website: www.mazagondock.in

[email protected] E-Procurement Website: http://eprocuremdl.nic.in

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

DIVISION-SHIP BUILDING DEPARTMENT-MATERIAL PROCUREMENT:

Tender no.: GM(M)/AR/2000007331

Tender date: 13/05/2019 Tender Closing Date: 10/ 06/2019 Closing Time at: 1400 Hrs (IST)

Tender Opening Date: 11/06/2019 Tender Opening Time: 1500 Hrs (IST)

EMD: INR 4,80,000/- (Rupees Four Lakh Eighty Thousand Only)

MAZAGON DOCK SHIPBUILDERS LIMITED INVITES ON-LINE COMPETITIVE BIDS from

reputed Bidders / Vendors in TWO BID SYSTEM (Part-I Techno Commercial Bid and Part-II Price

Bid) on our e-procurement portal, for the following Supplies:

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

http://eprocuremdl.nic.in / www.mazagondock.in (Path:- Tenders-Shipbuilding-Material Purchase) and

from CPP portal.

Note: - This Tender is to be filled through E- tendering mode only on E procurement Portal. Online bids

on our E-procurement portal only will be accepted. Bids submitted in any form other than online

submission will not be accepted.

1. Description of work: Supply, Installation & Commissioning of CNC-Milling Machine:

Sr. No.

Description of Item Quantity Unit

Delivery period

(Completion of complete

scope including Survey,

Design, Supply installation, testing & Commissioning)

1

Powerful Machining Center with state-of-the-art, GPlus

450 control or Siemens 840 D CONTROL or local

Indian make and servo-drives, equipped with 24-station

dual-arm tool changer and chip conveyor for

machining of large and heavy parts.

1 Nos Within 8 months from PO

date

2. Technical Specifications & Scope of Supply: As follows:-

TECHNICAL SPECIFICATIONS & SCOPE OF SUPPLY

Sr.

No Technical Description & Scope of Supply

2

Desc: Powerful Machining Center with state-of-the-art, GPlus 450 control or Siemens 840 D CONTROL

or local Indian make controller and servo-drives, equipped with 24-station dual-arm tool changer and

chip conveyor for machining of large and heavy parts.

A. Standard accessories:

1)GPlus 450 control or Siemens 840 D CONTROL or local Indian make


2)Station Tool Changer with Dual -arm

3)Chip conveyor chain type

4)Electronic hand-wheel

5)Servo drive for all axes

6)Pneumatic tool clamping

7)Air conditioner work lamp

8)Totally enclosed work space 9)RS-232 interface

10)USB interface

11)Automatic Control

12)Lubrication operating Tool

13)Operator manual

B. Specification Of CNC MILLING MACHINE AS FOLLOWS

a. Working Table-

i. Dimension: (LXW) : 1700x810mm (+/- 100mm tolerance)

ii. Number of T-Groove : 5

iii. Width of T-Groove : 18mm

iv. Space of T-Groove : 150mm

b. Distance:

i. X-Axis : 1510mm

ii. Y-Axis : 810mm

iii. Z-Axis : 810mm

c. Speed:

i. Feeding speed of Cutting : 5-5000mm/min

ii. Fast moving speed : 15000mm/min(X,Y axis) 10000mm/min (Z axis)

iii. Main drive motor rating :18 KW or above

iv. Speed range:60-8000min-1

d. ACCURACY

i. Positional Accuracy:+/- 0.01mm

ii. Repeatability :+/-0.005mm

e. Overall Dimensions:

i. 4270mmx3413mmx3067mm

ii. Principle axis motor drive:18 KW or above

f. Machine bed and vertical guide system feature very wide, hardened and ground rectangular guides.

g. Hydraulic weight balancing system ensures high dynamics, long life and maximum accuracy.

h. Large precision preloded ball screws, direct servo-motor drive to ensure maximum reliability and

precision.

i. Automatic central lubrication for low-maintenance operation. j. Reinforced enclosure reduced vibrations.

k. easily accessible, intuitive controls using touch-screen technology.

l. 4-track box way

m. Dual-arm grippers+ tool changing time of 3,8 sec

n. Spindle nose-to table distance – 150 TO 960 mm

o. Heavy duty, torsion-resistant, Cast-iron Frame.

p. Spindle type: straight/taper

C. INTUITIVE PROGRAMMING*

a. True intuitive control- each input parameter is uniquely displayed with a graphic and plain text.

b. Simple creation of cycles for circular, rectangular, and arc pockets.

c. Drill pattern programming- hole circle, row of holes, grid, parallelogram, and free drilling

positioning.

d. Thread cutting cycles for creating female and male threads: Standard threads, linear threads,

tapered threads, plane threads, variable pitch threads, multiple threads function: threads repair-

re-cutting of worn threads.


e. Face milling cycle- esay & quick to program.

f. All cycles run as stand-alone programs- Fast & easy programming of single program, which is

integrated into a main program or available as a series of any number of cycles.

g. Quick data transfer for external programs via USB port, Network or optional WLAN-

connection.

D. COMPATIBLE & POWERFUL* a. Easy adaption to most CAD/CAM systems.

b. Large, internal hard drive allows quick machining of virtually unlimited complex programs

directly at the control.

c. Quick block processing of 450 NC blocks per second & 200 Look ahead sets ensures

unprecedented fast & continuous program execution.

d. Standard networking-capability- to create, manage & transfer external programs- the Gplus or Siemens 840D or local indian make will adapt to your structures.

E. EASY TOOL & WORKPIECE MEASURING

a. Easy to understand graphics & plain text support the intutivte operation.

b. Extremely simple collection & implementation of values for tool length correction & Zero

offset.

F. CONTROL FOR UP TO 5 AXES*

a. Gplus 450 OR Siemens 840D or local Indian make controller which allows a 4th & 5th axis -

which easily can be retrofitted.

G. GPLUS or Siemens 840D or local Indian make

-WINDOWS-BASED CNC CONTROL SYSTEM FOR MACHINE TOOLS*

a. Workshop-oriented programming at the control or external programming (CAD/CAM)

b. 450 NC blocks/sec, 200 sets look ahead

c. The Gplus 450 OR Siemens 840D or local Indian make controller which features a 17" TFT

colour monitor with touch-screen display that shows all data for a user-friendly programming

experience & easy operation

d. Status messages show the user the current state of the control

e. Graphic simulation with integrated Zoom function for a detailed display of actual chip remover

f. A standard 10/100 MBit Ethernet interface & USB port allows fast data transfers from externally

created program (CAD/CAM) & saving on the Gplus 450 OR Siemens 840D or local Indian

make hard drive

g. Single CPU connect (advantage: ties up only 2% of the system capacity)

h. 40 GB storage,2.0 GHz Intel Celeron processor,2156 MB Ram

i. Worldwide remote diagnostics

j. Profibus,Canopen,DeviceNet implementation is possible

k. Easy integration of the machine in factory networks

l. The mobile hand-held device combines practical & compact controls to simplify machine setup.

H. Source of power: The power supply available in the yard is 415 Volts, 50 Hertz and 3 Phases with or without neutral.

The machine should work on these parameters.

I. NATURE OF MATERIAL TO BE MACHINED: -

a. 80 HLES steel (elastic limit 80 kg / mm2)

b. Stainless steel

c. Rough flame-cut plate (heat-affected zone) and perform sleeves.

Note:

a) These materials must be machined with no lubrication.

b) The rate of cutting required 10 m/min to 70 m/min depending on the nature of the materials.

J. SPARES:-

a. The machine is to be supplied with a spare parts kit consisting of the following:

b. One quantity each of movable & fixed bearing

c. Set of screws


d. Special maintenance tools shall be supplied with the machine, together with the list of first line

spares (electrical and electronic).

e. To provide 2 sets of tools, tool kit, maintenance spares for 2 years which is part of supply and a

separate itemized price list of such spares.

f. The machine and its accessories/ spares/CNC Control softwares shall be supportable for a period

of ten years.

g. The service support to be provided for 10 years and its rates to be indicated seperatively h. No money in 10 YEARS for support of software will be paid by MDL (It Is Free of Cost)

K. HANDLING OF EQUIPMENT:-

The CNC machine and control and monitoring cabinet shall be fitted with lifting lugs so that

they can be transported and set in position at the place of work. The anchoring points on the

machine shall enable it to be placed in a vertical or horizontal position.

L. The identification plate on the machine is to contain: -

a. The type of machine.

b. The weight of the equipment.

c. The lifting arrangements.

L. DELIVERY: -

Machine shall be delivered within 8 months from the date of placement of order.

M. DOCUMENTION:-

Documentation shall be supplied (two set in hard copy & one soft copy) in English and shall include: -

a. A document for assembling and installing the machine, inclusive of exploded view of the

machine & its components.

b. A document for operation and use of the machine that includes: -

c. The procedure for setting to work.

d. The procedure for performing the work it is intended to do.

e. The procedure for taking out of service and for storage.

f. The list of service tools and accessories to be supplied with the machine.

Note: For use by the operators, operating instructions shall be provided in English with sketches showing

adjustments and precautions in using the machine. This document will be used on the machining site and

shall withstand operator handling.

N. GUARANTEES:-

a. The Supplier shall guarantee the performance of the machine for a period of 12 months after

commissioning or 24 months after receipt of machine at MDL, whichever is later. During this

period, defects if any shall be attended free of cost within 10 working days on being notified.

b. The Supplier shall supply the spares of equipment as and when projected for period of ten years

after acceptance of the machine. c. CNC Control software shall be supportable for a period of ten years.

d. No money in 10 YEARS for support of software will be paid by MDL (It Is Free of Cost)

e. The service support to be provided for 10 years and its rates to be indicated separately.

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

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

machine.

O. INSPECTION OF THE MACHINE:-

a. Third party inspection of the machine by ABS/ LRS/ DNV/ Germinisher Lloyd at their premises

will be under Supplier's scope. The stages of inspection are to be indicated in the offer.

b. Receipt inspection shall be carried out on receipt of the machine at MDL by MDL (QA- EY) &

MDL USER representatives.

P. COMMISSIONING AND TRAINING: -

a. Supplier shall be responsible for setting to work (STW) and commissioning of the machine on


actual job when intimated by MDL. The cost of deployment of representative will be borne by

the Supplier.

b. The Supplier's offer for installation & commissioning shall mention the number of days required

for the activity.

c. Any spare(s) consumed while STW/ commissioning shall be replenished by the Supplier one to

one, free of charge.

d. Supplier has to impart training to 12 MDL personnel for 5 working days after commissioning from operational & maintenance point of view which is in the scope of supply. Supplier has to

give training to workmen regarding programming of all types of job at least additional 05 days

which is in the scope of supply.

e. Post commissioning, if requirement arises for the purpose of additional training for machine

operation point of view, the Supplier to quote such requirement on per day rate & other expenses

as extra.

Q. TOOLS REQUIRENT

a. Jigs and fixture and one set of tools with attachment head for all operation like threading (M&F),

boring, turning, tapering ETC to be supplied by supplier

Any special tool required will be supplied by supplier which is the part of supply.

All cutting tool required for operation like threading (male/female), boring, turning, tapering etc. will be

supplied by supplier which is the part of supply.

3. Prequalification Criteria: Bidders should upload following documents along with Part-I (Techno-Commercial Bid)

3.1 Technical Prequalification Criteria: Not Applicable

3.2 Commercial Prequalification Criteria

3.2.1 Bidders Company Profile and shop & establishment registration certificate/ registration

certificate/ Certificate of incorporation/ factory License from local body for conducting

business..

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

manufacturing facilities and personnel with designation, qualification and experience to

determine their capabilities. SSI/NSIC units can alternatively submit valid certificate indicating

their capacity.

3.2.3 Audited / Certified Balance sheet, Profit / Loss account for past 3 years.

3.2.4 The bidder should have a minimum average turnover of at least for Rs. 72.00 Lakhs during the

last three years and shall submit last three years i.e. 2015-16, 2016-17 & 2017-18 audited/certified balance sheet & profit/loss account.

3.2.5 The bidder should have executed orders of similar supplies with minimum value of at least for

Rs. 120.00 Lakhs during the last three years and shall submit Purchase order copies and work

completion certificate.

Similar supplies along with their work completion Certificate defined as “Supply of CNC

milling Machines”.

3.2.6 Declaration by bidders that the firm is GST registered/ Non GST registered/ registered under

composition scheme.


3.2.7 Bidder should be an OEM / Authorized dealer of OEM / Authorised Agent of OEM / Joint ventures as per following note:

01. OEM/Authorised Dealer/ Agents of Supplier

If a bidder submits quotation for an item manufactured by some different

Company, the bidder is also required to attach in his quotation, the Dealership/ Agency

Agreement, the manufacturer’s tender specific authorisation certificate and also

manufacturer’s confirmation of extending the required warranty for the tendered item

as per the tender terms and conditions. However, if the manufacturer of the tendered

item submits the bid, the bids of its authorised dealer/agent will not be considered.

02. Authorised Representatives

Bids of bidders quoting as authorised representatives of a Principal Manufacturer/ OEM would also be considered to be qualified, provided:

i. Their Principal Manufacturer/OEM meets all the pre-qualification criteria

without exemption, and; ii. The Principal Manufacturer/ OEM furnishes a legally enforceable

document, as per prescribed format, towards the execution of the contract and also tender specific authorisation assuring full guarantee and warrantee

obligations as per the conditions of the contract; and

iii. The bidder himself should have been associated, as authorised representative

of same or other Principal Manufacturer/ OEM for same set of services as

in the present bid (Supply, Installation, Satisfactory Commissioning, After-

Sales Services as the case may be) for same or similar item for past three

years.

Note: Please refer annexure -12 for Deed of Guarantee for authorized

representative

03. Joint Ventures and Holding Companies

Credentials of the partners of Joint Ventures shall not be clubbed for the purpose of compliance of Pre-Qualification criteria and each partner must comply with all Pre-

Qualification criteria independently. However, for the purpose of qualifying the Financial Standing Criteria (Average Turnover), the Financial Standing Credentials of

a Holding Company may be clubbed with only one of the Fully Owned Subsidiary Bidding Company, with appropriate legal document proving such ownership.

Note: a. Submission of documents mentioned above is mandatory for every bidder. Bidders need to

submit supporting documentary evidence in support of the Pre-Qualification Criteria viz. Work

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

b. Bidders registered with MAZAGON DOCK SHIPBUILDERS LIMITED should furnish copy of valid

registration certificate and they are exempted only for submission of documents indicated 3.2.1 to 3.2.2.

c. MDL has a right to demand for hard copy of any of the above documents/ any other document & verify

/ cause verification of authenticity of the said documents whenever felt necessary or visit their site / works.

Bidders shall comply with the same. If the documents are not found satisfactory to MDL or/and on

verification if the documents are not found authentic to MDL, then offer is liable for rejection. MDL’s

decision in this regard will be final and binding on the bidder without stating any reason whatsoever it

may be.


4. Validity Period: Bids / Offers Shall have a validity period of 120 days from the tender closing date. A bid

valid for a shorter period will be liable for rejection by MDL as non-responsive. Incase shorter validity

quoted by bidders; technically accepted bidder will be given opportunity to accept the validity of tender.

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

responsive.

5. On-line submission of bids in Two-Bid System: Bids must be in Two parts, i.e. Part-I (Techno-

Commercial bid) and Part-II (Price Bid), as appearing on-line.

5.1 Part I Bid (Techno-Commercial bid)

5. 1.1 Detailed Technical offer for technical scrutiny along with point-wise acceptance or

offered specifications against required specification. Technical details, catalogues,

drawings, data sheets, calculations, as applicable to be enclosed/attached in

attachment provision given online.

5. 1.2 Bidders to carefully fill all listed online forms providing their

comments/Acceptance/deviations, if any, in the space provided online against

respective clauses of Tender terms & conditions (TEF), GT&C and STACS, etc.

5.1.3 Pre-qualification documents as listed at Para 3 above.

5.1.4 Deviation Sheet if any, shall be uploaded on-line for TEF, STACS and GT&C.

5.1.5 Enterprises status (If any) to be indicated in Part-I: Micro/ Medium/ Small.

5.1.6 The scanned image of receipt of NEFT/RTGS/BG/Bid bond/Swift message towards

Earnest Money Deposit as stipulated in TEF clause no. 6 or documents against

which EMD submission waiver is sought shall be uploaded at Part-I tender stage.

The original of the NEFT/RTGS/BG/Bid bond/ swift message shall be forwarded

to GM (M) 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

To,

GM (M)

II FLOOR MOGUL HOUSE SOUTH YARD

MAZAGON DOCK SHIPBUILDERS LTD.

DOCKYARD ROAD,

MUMBAI- 400010.

5.2 Part-II (Price Bid)

5.2.1 Indigenous bidders to quote in INR on door delivery basis & overseas bidders to quote in foreign currency on CIF basis.

5.2.2 Bidder to fill their prices online, strictly, in the online price bid form only. Prices &

other charges (as listed in form) to be entered/filled in the applicable

head/cell/columns only, as prices in wrong head/cell/column which are not

applicable to you (bidder) will finally affect your (bidders) total landed cost &

accordingly ranking. Wherever any charges from the listed charges are not applicable to bidder, then ‘zero’ to be entered in that respective head/cell/column.

Refer 'Illustrative format and guideline” at Enclsure-1 for quoting prices in online

price bid form.

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

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

mentioned in the On-line Price bid shall prevail over the details in blank rate schedule format. However the negotiated commercial terms before price bid


opening will be considered for ranking and evaluation as per para 16.

5.3 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

5.4 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.

5.5 No Exemptions towards Custom duty is applicable & hence no exemptions certificates will be

issued. Bidders quoting on behalf of overseas principals should quote in INR (Indian Rupees)

on FOR, Door delivery basis, with their principal’s authorization letter. Overseas bidders to

quote directly in foreign currency CIF basis & installation/Commissioning charges.

6. Earnest Money Deposit (EMD) / BID BOND:

6.1 Bidders shall have to make payment towards EMD amount of Rs. 4,80,000/- (Rupees Four Lakh

eighty thousand Only) directly from MDL payment Gateway, the path of which is provided at

Enclosure-1A

It is mandatory for bidders to make EMD payment through MDL payment portal or NEFT / RTGS

and therefore DD / Pay Order will not be accepted against this Tender. Bidders have to enter

Vendor Name, Nature of Payment and Tender No. in Text / Narration Field while making

NEFT / RTGS payment to Mazagon Dock Shipbuilders Limited Bank Account No. 10005255246

and a scanned copy of payment made to our Account should be uploaded in Techno-commercial bid

(Part-I) towards proof for submission of EMD against this tender.

Bidder’s offer will be categorically rejected if EMD payment will be made after tender due date and time to Mazagon Dock Shipbuilders Limited Account. However bank guarantee drawn

in favor of MAZAGON DOCK SHIPBUILDERS LIMITED, Mumbai from the list of Banks

approved by SBI / Canara Bank published on MDL Website or bid bond/ swift message of equivalent foreign currency for foreign bidders shall be forwarded GM (M) in sealed envelope

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

from the tender closing date. The scanned image of NEFT/RTGS/ BG /Bid bond/swift message

shall be uploaded at Part-I tender stage. The bid bond / Bank Guarantee should be valid for 120

days+4 weeks from the tender closing date. Similarly authorized Indian agent can submit BG from

bank as per list of banks approved by SBI / Canara bank as bank of international repute published

on MDL website on behalf foreign bank. Bidders to advise their 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.

6.2 EXEMPTION FROM SUBMISSION OF EMD/BID BOND: Following bidders shall be exempt from submission of EMD/Bid Bond;

6.2.1 State & central Government of India departments, Public sector Undertakings.

6.2.2 Firms registered with MAZAGON DOCK SHIPBUILDERS LIMITED (MDL)

for the items (i.e For Material Group 0055109) for which the offer is being submitted. 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 process

of obtaining MDL registration will not be considered for EMD exemption.

6.2.3 Firms registered with NSIC under its “Single Point Registration Scheme” Exemption

will apply only to items /services for which they 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 process of obtaining NSIC

registration will not be considered for EMD exemption.


6.2.4

6.2.5

6.2.6

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”

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.

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.

7. Bid Rejection Criteria;

7.1 Following bids shall be categorically rejected;

7.1.1 Bids received without EMD (other than those who are exempt from payment of

EMD), as specified in the tender

7.1.2 Bidders not agreeing to provide assistance for installation, Testing, Commissioning

& other such Technical activities of equipment supplied by them.

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

7.1.4 If the date of issue of EMD (BG/DET/Swift Message) is later than the tender closing

date.

7.1.5 Bids received after tender closing date & time.

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

7.2.1 Bidder’s failure to submit sufficient or complete details for evaluation of the bids

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

noticed in the technical catalog / data / drawing which shall not however conflict

within validity period.

7.2.2 Incomplete / misleading / ambiguous bids in the considered opinion of TNC.

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

External agency nominated as applicable.

7.2.4 Bids received without pre-qualification documents where required as per the tender.

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

7.2.6 Bidders not agreeing to supply spares / post sale product support / post work

completion support.

7.2.7 Unreasonably longer delivery period quoted by the firm

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

enquiry.

7.2.9 Bidders not agreeing to furnish required Security Deposit / Required Contract

Performance Guarantee till completion of the supplies / services as per contract.

7.2.10 Bidders not agreeing to furnish Performance Bank Guarantee for Equipment

supplied / Services rendered or not agreeing for retention of equivalent amount by


MDL up to the period till completion of contractual & Guarantee / Warranty

obligations.

7.2.11 Offers received from OEM/Principal in addition to their authorized representative/

Dealers or OEM/Principal authorizing more than one representative for quoting

against same tender, MDL at his discretion may reject all offers (i.e offer of OEM/

Principal and all their authorized representative/Dealers) or may consider offer of

OEM/Principal only

7.2.12 Bidders not quoting for single point of responsibility for whole scope of work ( i.e.

starting from supply till completion of installation & commissioning).

7.2.13 Bidder Quoting rates with price variation clause.

7.2.14 High seas sales/ sales in transit.

7.2.15 Bidders not agreeing to MDL guarantee/warrantee terms

7.2.16 Indian bidders quoting currency other than INR and foreign bidders quoting

currency in INR.

8. Pricing: The prices quoted shall remain firm and fixed during the currency of the order.

Bidder shall quote the prices of all items / services listed in the price sheet format of the tender

enquiry for delivery of the items in MDL store / completion of the work at MDL site. The prices

quoted shall remain firm and fixed during the currency of the order / contract unless agreed otherwise by MDL

8.1 For Indigenous Bidders: Indigenous Bidder shall quote the prices of all items /

services listed in the price sheet format of the tender enquiry for delivery of the items in MDL store / completion of the work at MDL site. The prices quoted shall remain firm

and fixed during the currency of the order / contract unless agreed otherwise by MDL

8.2 For Foreign Bidders: Bidder shall quote the prices on the CIF Mumbai Port basis only.

Prices on the basis of FOB factory or ex-works are not acceptable. Bidders shall also

quote their FOB prices.

The prices quoted shall remain firm and fixed during the currency of the order / contract

unless agreed otherwise by MDL. Needless to state that the delivery terms by way of

high sea sales / sale in transit are not acceptable.

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

along with the Part –I Bid;

1. Port of dispatch to be clearly specified

2. Containerized dispatch/ Break bulk.

3. No of required containers with their size & type (20Feet/40

Feet/Open/Closed)

4. Gross weight.

9. Terms of Payment: - MDL does not pay any advance Payment for Indigenous and Overseas

bidders.

9.1

1. Payment for the values of the supplies and services, as reduced by any

deductibles and/ or the amount leviable towards liquidated damages, if any and

after including taxes etc. as may be payable through RTGS /NEFT/ECS between

15 to 20 days after receipt of complete set of the items / Equipment &

installation/commissioning of the same, work completion certificate (Certified by

an officer of the rank of CM or above) etc as per the ordered terms and against

submission of documents in Triplicate including Delivery challan(s), Release note

from the nominated Inspection Agency, Test reports / Certificates, Packing Lists,


Invoice, Performance Guarantee, Storage / Preservation / Demonstration / Maintenance Procedures & other Technical documentation in requisite sets as

relevant. Bidders shall furnish all the necessary details like name of the bank /

branch, branch code No, bank account no in their technical bid as per the

RTGS/NEFT/ECS format provided with the tender enquiry.

2. TReDS:

Alternate MSE vendor payment through TReDS;

“In order to address the financial needs of MSE firms, GoI has introduced a platform for

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

which is termed as Trade Receivables Discounting System (TReDS). At TReDS, auctioning of

invoices at competitive & transparent environment is done by financers based on Buyer’s credit

profile. MDL is registered on the "Invoicemart" TReDS platform MSE bidders desirous to receive

payments through TReDS platform may avail the facility if they are already registered on

"Invoicemart" TReDS platform or by registering on it.

Contact details at "Invoicemart" TReDS platform are as below:

Mr Hitesh Popli, GM (Business Development) - +91-9930061225, +91-22-62357385

Mr Amit K Dutta, CM (Business Development) - +91-8600179668, +91-22-62357361

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

enclosures at MDL, Central Receipt Section. MSE vendors, desirous to receive payments through

"Invoicemart".

TReDS platform shall submit their TReDS details along with the invoice at MDL, Central Receipt

Section. Upon receipt and acceptance of the supplied material and receipt of invoices with the

mandated enclosures, MDL shall process the invoice for payment on "Invoicemart" TReDS

platform. Any unfinanced invoices / invoices of MSE bidders seeking payment from MDL directly

shall be processed as per the Standard payment terms agreed in PO / contract.”

9.2 For Overseas/Foreign Bidders:

(A) Payment through L/C:- Payment against irrevocable letter of credit (L/C) established

through our bankers as per format at illustrative Annexure 10. For opening L/C,

Supplier should essentially furnish their clear & timely acceptance of the order. For

opening L/C, all charges outside India shall be borne by the beneficiar(Supplier).

Addittional loading of prices (A) towards charges incurred in L/C opening by MDL and

(B) Interest for period of 20 days @ base rate of SBI+2% on payment amount is to be

considered while evaluating foreign bidders for ranking purpose. In case supplier seeks

L/C amendment for no fault of MDL or requires confirmation of L/C then all charges towards L/C amendment or confirmation of L/c respectively shall be borne by the

Suppier . L/C will allow Payment on timely presentation of following documents through bank. Opening of L/C shall be before one month of the schedule for dispatch or

before such period as may be discussed and mutually agreed to in the PNC(Price Negotiations). The time limit for opening of L/C and/ or amendment for L/C shall be 7

days or within such no. of days as may be stipulated in purchase order/Contract. Delay in opening of L/C can lead to corresponding delay in delivery and hence no LD is

applicable on such delayed portion.

L/C will be opened accordingly after receipt of intimation about readiness of Material /

items/ equipments. LC shall be valid for 89 days. Firm to send/submit documents as

listed in Para 9.2.1 to 9.2.12 below in originals for custom clearance of material to MDL

directly after shipment.

For Items:-

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

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


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

MDL’s Bank and Marked as freight paid

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

Inspection agency or Work completion / performance certificate or Dispatch clearance from

MDL.

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

9.2.6 Original + 2 Copies of Warranty Certificate in prescribed format.

9.2.7 Original + 2 Copies of performance Bank Guarantee (PBG-1) in prescribed format valid till the

complete execution of contractas per agreed terms and settlement of amounts if any by the

supplier towards rebates/discounts/deductible/liquidated damages if any

9.2.8 Original + 2 Copies of all Manufacturer’s Test Certificates (MTCs) / Reports, Drawings,

Manuals, Procedures etc as relevant to the ordered item.

9.2.9 Certificate Confirming that supplier has couriered / dispatched 03 sets of Non Negotiable

Documents comprising of all Test reports / MTCs, Technical Documents, Drawings, Manuals,

Procedures etc and of Signed Invoices, Packing Lists, Bill of Lading/AWB, marked as freight paid, Insurance policy / document (beneficiary in insurance shall be MDL) , freight paid

certificate MDL nominated Inspection Agency’s Certificate of approval, Country of Origin

Certificate, Warranty Certificate, Performance Bank Guarantee, directly to MDL.

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

of the vessel and that the shipment is made on vessels of not more than 15 years vintage.

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

damages / penalty is applicable OR incase of delays, admissible amount of liquidated

damages/penalty will be specified by MDL in this certificate for reduction of equal amount from

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

arrival of consignment at port of destination, on receipt of signed copy of invoice, packing list,

approval certificate of the nominated inspection agency, copies of B/L or AWB or any other

acceptable documents confirming dispatch on CIF basis marked as freight paid , Insurance

policy/documents, freight paid certificates

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

while packing / shipment and forwarding of details for Freight & insurance to MDL.

Important Notes for Foreign Bidders: 1. All the documents should clearly indicate the Purchaser's Order number, Import

License Number, Airway Bill / Bill of Lading Number.

2. Foreign Bidders must submit the Letter of Credit format duly filled as per Annexure- 4

of the tender.

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

along with the Part –I Bid:-

(a) Port of dispatch to be clearly specified

(b) Containerized dispatch/ Break bulk.

(c) No of required containers with their size & type (20Feet/40 Feet/Open/Closed)

(d) Gross weight.

(e) Any other specific handling Instructions/conditions of consignment.

10. Guarantee/Warranty: a. The Supplier shall guarantee the performance of the machine for a period of 12 months after

commissioning or 24 months after receipt of machine at MDL, whichever is earlier. During this

period, defects if any shall be attended free of cost within 10 working days on being notified.

b. The Supplier shall supply the spares of equipment as and when projected for period of ten years

after acceptance of the machine.

c. CNC Control software shall be supportable for a period of ten years.


d. No money in 10 YEARS for support of software will be paid by MDL (It Is Free of Cost)

e. The service support to be provided for 10 years and its rates to be indicated separately. f. Electrical and electronic components shall be so chosen from ranges for which after- sales support

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

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

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

delivery basis. Any consequential damage/defect or loss of items due to poor workmanship/poor

material quality/negligence etc. attribute to the bidder to be rectified/ replaced by the bidder free

of cost.

11 Delivery Period / Completion Schedule and Delivery Term: - The entire scope of work i.e. Supply and Installation is to be completed within 08 months from the date of

receipt of PO including period of Third Party Inspeciton.

Delivery Term: Door Delivery/FOR, MDL East Yard Stores (for domestic bidders)

For Overseas bidders:

a) Supply: CIF, Mumbai port basis. b) Installation & Commissioning: At MDL site.

12 Security Deposit (SD): The successful bidder/s shall have to submit Security Deposit for an amount of

5% of the Order value excluding GST, freight etc. electronically through NEFT / RTGS or in the form of

Bank Guarantee drawn in favor of MAZAGON DOCK SHIPBUILDERS LIMITED, Mumbai from the list

of Banks approved by SBI / Canara Bank published on MDL Website within 25 days from the date of

Order & must be valid up to contract period plus one month. No interest will be paid on Security Deposit.

Please note that MDL does not extend any concession such as exemption in payment of Security Deposit

etc. to any organization irrespective of their status, like registration with MDL, NSIC, SSI, and MSME etc.

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

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

returned only after successful execution of the order and shall be interest free. In the event of failure to execute the order satisfactorily, the Security Deposit will be encashed by MDL. If order is fully executed

within 25 days from the date of purchase order, submission of security deposit is not applicable. For

delayed period of submission of SD beyond 25 days from date of order, bidder has to pay applicable

interest. In case the bidder is Indian Public Sector Unit, they shall submit the indemnity bond instead of

Security Deposit. Bidders may advise their bank/banker to send BG directly to commercial department or

through SWIFT to dispense with additional step of verification of authenticity of signatories. In case of

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

banker to forward the message. For delayed period of submission of SD beyond 25 days from date of

order, interest will be recovered as mentioned below;

For foreign supplier it will be EUROBOR/LIBOR plus 2%.

For Indian suppliers, it will be SLR plus 2%.

13 Performance Bank Guarantee (PBG): The Successful bidders will have to submit PBG in the

prescribed format from the list of Banks approved by SBI / Canara Bank published on MDL Website for

10% of the Order value excluding taxes, duties, freight etc., along with supply of machine/item/equipment,

valid for 13 months (validity 12 months + 1 month claim period) from the date of commissioning or 25

months (validity 24 months + 1 month claim period) after the receipt of machine at MDL, and to be

extended till completion of warranty period+ 1month or offer your consent to MDL for retention of 10 %

of order value towards PBG. Bidders may advise their bank/banker to send BG directly to commercial

department or through SWIFT to dispense with additional step of verification of authenticity of

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

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

officer mentioned in the tender.

14 Bidder shall abide by all Standard Terms and Conditions of Supply (STACS), GT&C and Acceptance

formats as per Enclosures 2 & 3 contained therein should be properly filled, signed and returned by the

bidder along with techno-commercial (Part-I) bid. The bidder shall also abide statutory requirements,

Official Secret Act 1923 and Safety clause.

15 Taxes & Duties: The item-wise rates quoted in the Rate Sheet should exclude GST Taxes and Duties


15.1 For Indigenous bidders: The rate sheet to be enclosed with the tender will indicate the rates

under each tax head viz.: GST

a. Only those bidders who indicate the taxes & duties separately as above all shall be

entitled for consideration of change in corresponding rates in case of variation in

statutory levies. b. Supplier/bidder will not be entitled to any increase in rate of taxes occurring during the

period of extended delivery schedule if there is delay in supply / completion attributed to

him, however, if there is a decrease in taxes, the same must be passed on to MDL.

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

elements, no escalation can be considered in respect of any variation in statutory levies

arising subsequently because of the absence of the required base figures in the purchase

order/ contract.

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

15.3 In case of purchases of goods/services from unregistered dealers under GST laws, GST will be

paid by MDL under reverse charge mechanism

15.4 Where the quoted price is claimed to be inclusive of taxes (by other than composite vendor),

MDL consider it as net price on which GST is payable . In such cases , the GST may be paid by

MDL directly to GSTN under reverse charge mechanism or otherwise for which no input tax

credit will be available to vendor and vendor is deemed to have confirmed that he will not

claim ITC for such items.

15.5 Benefits from reduction in rate of tax/ITC are 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.

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 Laws and

responsibility of specifying correct HSN code 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 error by

vendors at any stage. MDL reserve right to recover any such interest , penalty or loss from any

amount due to supplier /contractor or vendor shall reimburse /make good such loss within

15days after intimation by MDL or otherwise.

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 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-filling of returns or any other reasons not attributable to

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

MDL under GST Laws for the number of days the ITC was delayed. If the shortcoming is not

rectified by 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 reserve

right to recover any interest, penalty or loss from any amount due to supplier/contractor or

otherwise.

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

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.


15.9 If the vendor is registered under GST, vendor shall ensure timely submission of invoice as per

the provisions/requirements/timeline promulgated by GOI in relation to GST Laws with all

required supporting documents to enable MDL to avail input tax credit promptly. The vendors

invoice inter alia should contain GSTIN of vendor, GSTIN of MDL (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 Laws

in the stipulated time and any losses of tax credit to MDL arising due to delay in filling will be

recovered from their invoice wherever MDL is eligible to avail tax credit. Any default towards

payment of tax and/or uploading of monthly returns by supplier /contractors, MDL retains right

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

wherever applicable. Bidder must clearly mention the applicable taxes & duties. The item-wise

rates (i.e. Basic + P&F + F&I) quoted in the rate sheet should exclude taxes & duties. Bidder

should indicate GST rates as applicable separately under each of the head in the same rate

sheet, which will be paid extra based on tax invoice to the extent applicable. The GST will be

applicable on total basic rate of each item (i.e Basic +P&F +F&I).

15.12 Bid Evaluation Clause:

A. As per GST Law, ITC is not available

i. For goods and services which are not in furtherance of business.

ii. In some cases for e.g. rent a car, life insurance, work contract services for

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

cases, evaluation of bid is inclusive of GST quote by bidder.

B. In all other cases i.e. goods and services not covered under sr. no. A above, evaluation of

bid is exclusive of GST quoted by bidder.

C. Further, in the case of composition dealer, since composition dealer is not allowed to

charge GST, in such case, evaluation of bid will be on the price quoted by bidder.


15.13 For Overseas Bidder: All taxes applicable outside India shall be borne by overseas bidder.

a. In case of foreign bidders all taxes, duties, statutory levies and charges which are to be paid

for the delivery of goods & services shall be paid by the parties under the present contract in

their respective countries. MDL shall bear and pay all taxes, duties and statutory levies in

India in connection with the execution and/or performance of this contract w.r.t. deliverables

delivered and service rendered as per contract excluding income tax applicable on service

charges.

b. Foreign bidder shall submit tax residency certificate (TRC) in Part –I offer. In casee of

remittances to foreign companies for services, as per income tax act and DTAA provisions,

TDS shall be carried out from the amount payable towards services. As per the extant

applicability and existing rates, following cases pertaining to TDS are presented for clarity:

i. Case 1 (TRC is made available by foreign bidders): Tax deduction at source (TDS)

@ 15% of total service payment is applicable. If this is not agreed to by the bidder in

the bid or during TNC/CNC, then this shall be appropiriately loaded as per applicable

rates on the price for the purpose of ranking. However, bidders to note that TDS

rates/ DTAA rates differ from country to country. It varies from10% to 25%

ii. Case 2 (TRC is not made available by foreign bidders): Tax deduction at source

(TDS) at the rates as mentioned in the table below is applicable. If this is not agreed

to by the bidder in the bid or during TNC/CNC, then this shall be appropriately

loaded as per applicable rates on the price for the purpose of ranking. These rates

shall be as under:

Service Payment slabs (converted in INR) Rate of TDS applicable on total service

payment

Up to value of INR 1 Cr. 25.75%

Above 1 Cr. Up to 10 Cr. 26.26%

Above INR 10Cr. 27.0375%

16 Loading Criteria: Deviations sought by the bidder in respect of Custom Duty exemption, Freight,

Insurance, Payment terms 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, firstly

Manufacturers then their authorized dealers will be given preference. The loading criteria that will be

adopted are detailed below & also as per Enclosure-5:

16.1 It is desirable that the bidder accepts the Payment Terms indicated in clause 9 above. Varied

payment terms quoted by bidders as compared to the terms stated in the Tender document shall

be normalized by applying 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) & for

overseas bidder the bids will be normalized at LIBOR/EURIBOR rate plus 2% for ranking of

the bids.

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

price. Custom clearance/Port handling / transport charges to the yard will be added to CIF

cost.

16.3 Delivery of the goods at MDL premises should be the responsibility of the vendor. 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.

16.4 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.

16.5 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.

16.6

Deviations in respect of the period of Warranty shall be loaded to the quoted price @ 0.25%

per month or part thereof. This does not arise if the bidder quotes additional price for the

differential period.

16.6 The ranking of price bids shall be done on the basis of exclusive of GST. In these cases, the

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

clearly and separately furnished in bid.

17 Ranking of Bids & Determination of L-1 Bidders: Ranking of price bids shall be done on overall L1 basis with exclusive of GST.

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

furnished in the bid and the MDL is satisfied that the rates of taxes indicated therein are in line with the

tax law, so that escalation due to variation in the taxes can be justifiably considered to the extent

legitimately allowable on the base amount(s) indicated in the bid. Therefore bidder is requested to show

the break up regarding taxes as applicable in the bid.

Note: 1. In case of overseas supplier the “CIF cost+ Inspection/testing charges+ Installation/ Commissioning

charges+ custom duty+ IGST (if ITC is not available) + Custom Clearance +port handling +transportation

charges to the yard, if any + LC opening charges + interest for period of 20 days @ base rate of SBI +2%

on payment amount “shall, be the basis for comparison of quoted price. custom duty, IGST, Custom

clearance, Port handling, transport charges to the yard will be added to CIF cost to arrive at door delivery

cost.

2. If Service Component exists in an offer from a foreign vendor, then Tax Residency certificate (TRC)

should be submitted with Part I offer. If no TRC is submitted, then the enhanced Income Tax rate and

Service Tax thereon will be considered while determining L-1.

3. Techno-Commercially Qualified overall lowest bidder exclusive of GST will be considered for the

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

However the L1 bidder will be evaluated offline after consideration of all applicable loading parameters as

mentioned in the tender document and commercial terms.

5. In case of any discrepancy in the Blank Rate Schedule Format and actual Online Price Bid after opening

of the Price Bids, the details (GST) mentioned in the On-line Price bids shall prevail over the details in

blank rate schedule format.

6. “Basic cost” is defined as “Door delivery cost (excluding GST)” which includes packing & forwarding,

Delivery, insurance, registration charges and any cost involved as per scope of work towards material and services, basic cost of Installation/ commissioning and inspection & testing.

7. ITC can be availed by MDL for the items as notified under GST ACT 201. ITC can be availed by MDL

for registered bidder and for unregistered bidder under reverse charge mechanism. Since no ITC can be

availed in case of bidders registered under composition scheme, their quoted cost will be considered for

ranking/ comparison purpose.

18 Consignee: The Successful bidder/s shall arrange dispatch of goods by appropriate Rail / Road / Sea / Air

transport mode as per the order to EAST YARD STORES’ and further to User dept. on working days

(Monday to Friday) between 8.00 hrs to 15.00 hrs (Lunch Time 11.30 to 12.00 hrs) .In case truck/tempo

reaches our yard beyond above time the same may be retained over night at your risk & cost. Unloading

and stacking the receipt store shall be to bidders account.

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

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

demurrage. In case of door delivery orders, the supplier shall categorically direct the transporter to deliver

the ordered items without insisting for consignee copy of the Lorry Receipt.


19 Modifications to the Bids: - Bidder will not be allowed to bid after the closing time is over.

Bidder can change the submitted bid any number of times till the closing time and the last changed bid will

be considered for ranking of the bids.

20 PURCHASE PREFERENCE TO MAKE IN INDIA:

As per Public Procurement Order Ref No. P-45021/2/2017-B. E-II Dtd 15.06.2017 issued by Govt of

India

to encourage “Make in India” policy, Purchase Preference shall be given to local suppliers in the

following

manner.

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

(i) “Local content” means the amount of value added in India, be the total value of items procured

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

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

(ii) “Local Supplier” means a supplier or service provider whose product or service offered for

procurement meets the minimum local content, as prescribed under the said Order or by the

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

Foreign bidder.

(iii) “Margin of Purchase Preference” means the maximum extent to which the price quoted by local

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

preference for the present tender is 20%.

(b) Minimum local content:

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

bidder to be considered as a Local Supplier.

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

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

participation of local employees in services and training them.’

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

declaration made and local content is now not meeting the specified tender requirement (i.e. only on

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

preference.

(c) Declaration by Local Supplier: Local Supplier should declare that the item and service offered meets the minimum local content & indicate its percentage in their offer which shall meet (or even

offer more) required content as specified in tender. This declaration is necessary even if Custom

Duty Exemption and / or ERV (if applicable) are not being sought. Following documents are to be

submitted in technical offer –

Part-I bid: (i) Local Component list i.e. Items and services which are being procured / produced domestically

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

components, raw materials, sub services etc.

(ii) Foreign / Imported Component list i.e. Items and services which are being supplied by bidder

from

outside India in the system / equipment / service offered against tender. This list shall include all the

components, raw materials sub services etc.

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

Additionally,

location(s) details from where foreign / imported components are being supplied be also informed.

(iv) Bidders shall give the price break-up in percentage for “Local Component” and “Foreign /

Imported

Component”.

(v) Custom duty applicable on FE component for all foreign items.

(vi) The Local Suppliers are required to provide self-certification as per Annexure-11

Note:


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

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

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

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

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

altered at

technical negotiation stage or after award of contract otherwise would be treated / considered as

false

declaration by bidder.

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

will

consider quote / bid of such bidders with local content as “0” or “NIL” i.e the offers of such bidders

will be treated as a “Non Local Supplier” where no purchase preference shall be granted to these

bidders.

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

MSEs

Order 2012, then such bidders should not seek benefits against the Preference to Make in India

policy – Order 2017. Such bidders should categorically seek benefits of only one policy which cannot

be modified

subsequently, once declared in the Annexure-A referred above while submitting the bid

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

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

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

custom duty percentage will only be considered for arriving local content.

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

then the

bidder’s declaration shall be final for arriving L1 bid. Also in such case the difference in custom duty would be to bidders account. In case of foreign bidders, the same would be to bidders account

and shall not be borne or reimbursed by Shipyard.

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

actual

custom duty shall be payable.

(iv) Notwithstanding above, local content shall be calculated based on the declared custom duty by the bidder in techno-commercial bid.

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

to

Local Supplier over a non-local supplier w.r.t. Public Procurement (Preference to Make in India)

order 2017.

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

contract will be awarded to L1.

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

match the L1 price subject to local supplier’s quoted price falling within the margin of purchase

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

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

next

higher bid within the margin of purchase preference shall be invited to match the L1 price and so on

and

contract shall be awarded accordingly. In case none of the local suppliers within the margin of

purchase

preference matches the L1 price, then the contract may be awarded to the L1 bidder.

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

separable and MSE preference clause is also applicable} Between the MSE and Local Supplier, the

MSE bidder will be given preference to match with L1 bidder as per Public Procurement Policy for

MSEs Order 2012. MSE vendor will be evaluated with L1+15%. MSE doesn’t fall under Public

Procurement (Preference to Make in India) Order 2017 Local Supplier will be evaluated with

L1+20% (Margin of Purchase Preference ordinary) as per Public Procurement (Preference to Make


in India) Order 2017.

(h) After the contract is awarded and the supplies are completed, each supplier shall provide the

supporting documentation towards realization of committed Local Content as per the contract /

order terms & conditions.

In addition to these documents, a “Local content certificate” also shall be submitted stating the

percentage of local content in the items or services measured. The “Local content certificate” shall

be submitted along with the invoice.

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

required to

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

from a

practicing cost accountant or practicing charted accountant (in respect of supplier other than

companies)

giving the percentage of local content.

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

which a bidder or its successor can be debarred for up to 2 years as per Rule 151(iii) of GFR 2017

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

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

shall be

taken up by Public Grievance Cell of MDL headed by GM(F-P&S). Fees for filing a complaint

under the

order shall be Rs. 10,000/- per case. The complaints shall be filed to the Chairman, Public Grievance

Cell.

The fee shall be deposited in MDL’s Account by NEFT.

21 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 on 6th

floor , Mazdock House Building,

MAZAGON DOCK SHIPBUILDERS LIMITED, Dockyard Road, Mumbai - 400010 (022 – 23762121 ,

23759793) or send their complaints / grievances to him in writing for redressal.

22 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.

23 Liquidated Damages: Time is an essence of the contract therefore the job, as ordered (Complete Scope

of supply), should be completed on the dates mutually agreed upon in accordance with the

delivery/completion schedule. In cases of delay not attributable to Purchaser beyond the agreed

schedule, the Successful bidder shall pay liquidated damages, a sum representing 0.5% (Half per cent) per

week or part thereof, subject to maximum of 5% of the final Order / Contract value.

Vendor / Contractor (Seller) will also be liable to pay Liquidated Damages for late delivery of Manuals,

Drawings and Documentation as agreed to by Purchaser and Vendor / Contractor (Seller) and as stated in

the Purchase Order. The amount of such damages will be clearly defined in the Purchase Order and may

extend up to 5% of the Order Value.

Date of successful completion of entire scope as mentioned in tender/order (including, supply,

installation / erect, testing, commissioning and training, submission of documents, etc.) shall be

considered as date of delivery for purpose of levy of liquidated damages unless specifically mentioned

otherwise.

In case of any delay attributable to MDL as certified by the officer in the rank of Chief Manager and

above from the concerned department, such period will not be considered for the purpose of levy of

liquidated damages.

Part levying LD on item-wise and/or quantity-wise may be considered at the sole discretion of MDL.

However, request for levying of LD on activity basis (i.e. separately for receipt of item in MDL,

installation & commissioning, training, submission of documents, etc.) shall not be considered.


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

Hindrance Register. The Hindrance Register shall be signed by the reps of both MDL as well as

Contractor.

25 Assistance for Installation & other Technical activities: a. Services of engineers/Manpower in connection with assistance of delivery, loading/unloading,

installation, setting-in-work, testing, tuning, commissioning, training to be considered in the scope of

supply.

b. All machinery, equipments, Oxygen/other fuel gas for cutting, fork lift, welding, Tools & Tackles,

accessories, spares, Chemicals, consumables, Special tools, Fixtures and tackles, Workshop and

fabrication shop, Calibration facility and Local transportation, storage & preservation materials, Ist fill of

Oil, lubricants, grease & other resources etc. required for Installation, commissioning work to be arranged

by contractor. Space, water, compressed air, Crane Facility & Power will be provided by MDL.

26 Spares / Post sale product support: a. The Bidder shall assure a continuous supply of spare parts for at least 10 years from the date of

commissioning of the machine at MDL.

b. List of Service centers & Setup details to be provided. c. Standard accessories required for making item/equipment/machine operational & ready to use should

be included in the scope of supply.

d. All defective parts / spares can either be repaired or replaced by new parts. Spares replaced will be

either of same make or equivalent as suggested by the OEM after consultation with MDL. However, the

total responsibility of the quality of spares supplied or parts repaired, shall be with the Contractor.

e. If any defective part/item/equipment required to be taken out to the service center by the firm for the

further repairing, the firm shall be asked to submit the necessary indemnity bond/BG as required. Taking

out defective part/item/equipment from MDL and bringing back repaired part/ item/ equipment to MDL is

in the firm’s scope of work. The firm has to bear all the transportation charges & transit insurance.

27 Inspection -

(a) Third party Inspection: Third party inspection of the machine by ABS/ LRS/ DNV/

Germinisher Lloyd at their premises will be under Supplier's scope. The stages of inspection

are to be indicated in the offer. For further details bidders refer TEF clause No 2 (1).

as stated above.

(b) Inspection will be carried out by EY-QA and user department, on receipt of material in MDL.

MDL shall carry out necessary inspection of the items on receipt in the MDL Yard on the basis

of appropriate MDL Inspection system requirements along with the representative of user dept.

& the Inspection documents submitted by suppliers. Any objection raised by MDL inspection

team against quality of material or workmanship shall be satisfactorily corrected by the

supplier at his expenses including replacement as may be required within shortest possible

time within 30 days. Items damaged during transit shall also be rectified or replaced by the

supplier within shortest possible time.

(c) Rejection of the material: Any portion of the equipment found defective/rejected, the supplier shall collect the same at his cost from the MDL Yard, all incidental charges being

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

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

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

MDL& recover storage charges & any consequential damages, from sale proceeds of such

disposal.

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

certified by MDL user dept not rank below Chief Manager for payment purpose.

28 RISK PURCHASE & CANCELLATION OF ORDER:

(a) If the equipment / article / service or any portion thereof be not delivered / performed by the scheduled delivery date / period, any stoppage or discontinuation of ordered supply /

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


standards the Purchaser shall be at liberty, without prejudice to the right of the Purchaser to recover Liquidated Damages / penalty as provided for in these conditions or to any

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

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

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

interest.

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

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

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

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

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

contract price shall be recoverable from the Bidder / Vendor / Contractor.

(c) The Purchaser reserves the right to cancel an order forthwith without any financial implications on either side, if on completion of 50% of the scheduled 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.

(d) The Purchaser shall also be at liberty to purchase, manufacture or supply from stock as it deems fit, other articles of the same or similar description to make good such default and

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

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

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

contract price shall be recoverable from the Bidder / Vendor / Contractor.

(e) 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.

(f) 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 Bidder/ Supplier/ Contractor.

29 INDEMNIFICATION:

The Bidder / Vendor / Contractor, his employees, licencees, agents or Sub-Vendor / Sub-

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

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

or that of Purchaser's employees, agents, Sub- Contractors / Suppliers occurring and to the extent

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

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

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

30 Freak Low Quotes: - Freak Low Quotes: In case after opening of price bid of technically cleared firms,

it is noted that L-1firm 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 equal to the 20% of PO value before release of order. Bank charges for this additional BG shall be borne by MDL and reimbursed against proof of

payment

31 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

Training program 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 022-2376 3251, ASP on email id: [email protected], Ph no. 0120-4200462, 0120-4001002

Bidders intending to witness the Tender opening shall log on to http://eprocuremdl.nic.in using digital

signatures for witnessing the opening

32 MDL reserves the right to consider placement of Order in part or in full against the tendered quantity.

33 Bidders can participate in online bidding

• By registering with above referred portal for User ID and password.

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

34 In case Indian representative of overseas bidders are participating on behalf of their principal, an

Authorization letter from their principal stating, “they are authorized to quote on behalf of their

principal to this tender” should be uploaded with Part-I bid.

35 In case of improper 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.

36 Invoices should be submitted immediately within two to three MDL working days (preferably the

invoices should accompany supply) 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 of otherwise final payment by MDL, beyond

which no claims whatsoever will be entertained.

37 The contract will be governed by STACS 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 annexure including STACS & GT&C.

38 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.

39 Purchase Preference to MSME: Not Applicable

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

reasonable bid against this tender.

e-tender enquiry acceptance form is uploaded at Stage Name: Part-I (Techno Commercial Bid)

Yours faithfully,

For MAZAGON DOCK SHIPBUILDERS LIMITED,

Azizurrahman

Senior Engineer (C-MP)

Enclosure - 1 : Illustrative format & guideline for quoting prices in online Price Bid.

Enclosure 1A Guidelines for EMD payment


Enclosure 2 Instruction for e-tendering.

Enclosure - 3 : Standard Terms & Conditions (STACS)

Enclosure - 4 : General Terms & Conditions (GT&C)

Enclosure - 5 : Loading Factors

Enclosure - 6 : Bank Guarantee Format for EMD

Enclosure - 7 : Bank Guarantee Format for SD

Enclosure - 8 : Bank Guarantee Format for PBG

Enclosure - 9 : MDL bank details for NEFT/RTGS EMD/SD transfer

Enclosure - 10 : Format of Letter of Credit

Enclosure 11 Self-Declaration for Local Content

Enclosure 12 Deed of Guarantee for authorized representatives

Note: * These documents to be down loaded from our Website. (www.mazdock.com Path Tenders

Ship Building-Material Purchase SB-MP STACS/Formats )


Enclosure-1

Illustrative format & guideline for quoting prices in online Price Bid

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

respective cell while quoting their cost in online price bid:-

Item Sr. no. 1

Material Description As per clause No 1

Quantity As per clause No 1

Unit of measurement Number

Currency INR, USD, GBP,EURO, CHF

For Indian Bidder Basic Unit Rate in INR only.

For Foreign Bidder CIF Rate to be entered by the foreign

currency

To be quoted

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

Installation / Commissioning Charges per Unit To be quoted

% of CGST+SGST or IGST on Installation / Commissioning

Charges To be quoted

Inspection / Testing Charges per Unit To be quoted

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


Enclosure -1A

Bidders can make online payment of EMD/Security deposit / Performance bank guarantee using

following links :-

(i) Go to www.mazagondock.in

(ii) Click on online payment tab available on home page.

(iii) 4 options viz . career, tender, security, scrap/disposal will be available.

(iv) Click on the respective tabs (i.e tender) and make the payment online using debit cards ,credit cards,

net banking , BHIM/UPI etc., after filling the required details.

In case bidder has any genuine difficulty with respect to online payment , the receipts through the

conventional method of NEFT/RTGS is also accepted.

Electronic Payment Mandate Form

(MDL Bank details)

Name of the Company/Firm Mazagon Dock Shipbuilders Ltd

Address with Phone no. Dockyard Road, Mumbai – 400010

E-Mail ID

Phone No. +91 22 23745310

Fax No.

Particulars of Bank Account

Name of the Bank State Bank of India

Name of the Branch Mazagon Dock Mumbai Branch

Branch Code 9054

Bank IFSC / NEFT Code SBIN0009054

Bank Address MBPT Workshop building, N.V Nakhwa Road, Mazagon -

400010

City Name Mumbai

Telephone No. of Bank +91 22 23752802

9 digit code no. of bank &

branch appearing on the MICR cheque issued by your bank

400002120

Type of Account Current Account

Account No. 10005255246

Income Tax PAN No. AAACM8029J


ENCLOSURE – 2

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

Procurement Portal:

•••• Official service provider for the website is

Mr. Akshay Vichare

Contact no. 022-23763251

NIC,

E-mail: [email protected]

Office Ph. No.: 0120-4200462, 0120-4001002, Ph. No.: +91-8826246593

•••• 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 III 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.

•••• 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.

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 III DSC (Digital Signature Certificate) for secured bidding

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

facilitate uploading of his bid, should approach the Service Provider at least 10 working days in

advance of the tender closing date requesting DSC. The request so made to the Service Provider

should simultaneously be forwarded to MDL Dealing Officer. In case the DSC is not received within 3

to 4 working days, the GM (M) be informed and the DSC if not received from the Service Provider

three working days in advance, for suitable extension to tender closing date then only the tender due

date shall be considered.


Enclosure-3

STANDARD TERMS AND CONDITIONS (STACS)

101. The word 'Purchaser' refers to MAZAGON DOCK SHIPBUILDERS LIMITED, (MDL), a

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

102. The word 'Bidder/Vendor/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 SHIPBUILDERS

LIMITED (Purchaser) has contracted to carry out work in relation to which orders are placed by the Purchaser on the Bidder/Vendor/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/Vendor/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/Vendor/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 event of the

contract being terminated, the balance of the articles of the remaining to be delivered there under. Any

excess over the purchase price, cost of manufacture or value of any articles supplied from the stock, as

the case may be, over the contract price shall be recoverable from the Bidder / Vendor / Contractor.


230. RECOVERY ADJUSTMENT PROVISIONS

231. Payment made under one order shall not be assigned or adjusted to any other order except to the

extent agreed upon in writing by the Purchaser. During the currency of the contract, if any sum of money

is payable by the Bidder / Vendor / Contractor the same shall be deducted from any sum then due or

thereafter may become due to the Bidder / Vendor / Contractor under the contract or any other contract

with the Purchaser.

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

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

tender holiday including intimation to other PSUs. If the rates quoted are less than MDL estimates by

40% or so and if the difference in rate between L1 and L2 is 30% or more then the firm will have to give

additional BG of 20% of the PO value as additional security. Bank charges for this additional BG shall be

borne by MDL and reimbursed against proof of payment.

250. INDEMNIFICATION 251. The Bidder / Vendor / Contractor, his employees, licencees, agents or Sub-Vendor / Sub-contractor,

while on site of the Purchaser for the purpose of this contract, indemnifies the Purchaser against direct 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 / Vendor / Contractor, his employees, licencees, agents or Sub-contractor by making good such damages to

the property, or compensating personal injury and the total liability for such damages or injury shall be as

mutually discussed and agreed to.

260. TRANSFER OF VENDORS / CONTRACTOR’S RIGHTS: 261. The Bidder / Vendor / Contractor shall not either wholly or partly sell, transfer, assign or otherwise

dispose of the rights, liabilities and obligations under the contract between him and the Purchaser without

prior consent of the Purchaser in writing.

270. SUBCONTRACT & RIGHT OF PURCHASER 271. The Bidder / Vendor / Contractor under no circumstances undertake or subcontract any work /

contract from or to any other Sub-contractor without prior written approval of the Competent Authority

of Purchaser. In the event it is found that such practice has been indulged in, the contract is liable to be

terminated without notice and the Bidder / Vendor / Contractor is debarred all from future tender enquiries / work orders. However in no circumstances a contractor is permitted to subcontract any part of

the contract to the bidders who had quoted for the concerned tender.

280. PATENT RIGHTS 281. The Bidder / Vendor / Contractor shall hold harmless and keep the Purchaser indemnified against all

claims arising as a result of infringement of any patent / copy rights on account of manufacture, sale or use of articles covered by the order.

290. AGENTS / AGENCY COMMISSION:

291. The seller confirms and declares to the buyer that the seller is the original manufacturer or

authorized 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 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 disfavour to any person in relation to the Contract or any

other Contract with the Purchaser. Any breach of the aforesaid undertaking by the Bidder / Supplier / Contractor or any one employed by him or acting on his behalf (whether with or without the knowledge

of the Bidder / Supplier / Contractor) or the commission of any offence by the Bidder / Supplier / Contractor or any one employed by him or acting on his behalf, as defined in Chapter IX of the Indian

Penal Code, 1980 or the Prevention of Corruption Act, 1947 or any other Act enacted or the prevention of

corruption shall entitle the Purchaser to cancel the contract and all or any other contracts with the Bidder /

Contractor / Supplier and recover from the Bidder / Supplier / Contractor the amount of any loss arising

from such cancellation. Decision of the Purchaser or his nominee to the effect that a breach of the

undertaking has been committed shall be final and binding on the Bidder / Supplier / Contractor.

302. The Bidder / Supplier / Contractor shall not offer or agree to give any person in the employment of

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.

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 SHIPBUILDERS LIMITED, Dockyard Road, Mumbai - 400 010 (MDL) is entering

into this Agreement solely on its own behalf and not on the behalf of any person or entity. In particular, it

is expressly understood and agreed that the Government of India is not a party to this Agreement and has

no liabilities, obligations or rights hereunder. It is expressly understood and agreed that MDL is an

independent legal entity with power and authority to enter into contracts solely in its own behalf under

the applicable of Laws of India and general principles of Contract Law. The (Bidder / Supplier /

Contractor) expressly agrees, acknowledges and understands that MDL is not an agent, representative or

delegate of the Government of India. It is further understood and agreed that the Government of India is

not and shall not be liable for any acts, omissions and commissions, breaches or other wrongs arising out


of the contract. Accordingly, (Bidder / Supplier / Contractor) hereby expressly waives, releases and

foregoes any and all actions or claims, including cross claims, impleader claims or counter claims against

the Government of India arising out of this contract and covenants not to sue Government of India in any

manner, claim, cause of action or thing whatsoever arising of or under this Agreement.

320. EXPORT LICENCE 321. The export licenses that may be required for delivery of the various 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 / VENDORS. 331. The Bidder / Vendor / Contractor declares that they being Proprietors / Directors / Partners have not

been any time individually or collectively blacklisted or banned or de-listed by any Government or quasi

Government agencies or PSUs. If a 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/VENDOR 341. MDL being a Defence Organization, Bidder / Vendor / Contractor undertakes that their personnel

deployed in connection with the entrusted work will not indulge in any activities other than the duties assigned to them.

350. DISPUTE RESOLUTION MECHANISM AND ARBITRATION

351. DISPUTE RESOLUTION MECHANISM (DRM) i) Any 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. 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.

-----------------------


Enclosure-4

GENERAL TERMS & CONDITIONS (GT&C)

A10. Blank

A20. SECURITY DEPOSIT A21. The successful bidder shall submit a Security Deposit @ 5 % of the contract / order value

(excluding taxes, duties, freight, service component) of the Order in the form of Demand Draft / Bank

Guarantee in the prescribed format in favour of Purchaser within 25 days from date of Contract. The

Security Deposit will be returned only after the successful execution of the order / contract. Refund of

Security Deposit whenever considered admissible by the Purchaser, shall be without interest only.

A30. FORFEITURE OF EMD / BID BOND A31. In cases of withdrawal of bid during validity period or during any extension granted thereof, non

acceptance of agreed conditions of Technical and or Commercial and or Price Negotiations, non-submission of the security deposit and / or non-acceptance of the order the EMD or bid security will be

forfeited or encashed as the case may be.

A40. FORFEITURE OF SECURITY DEPOSIT A41. Non-performance of agreed terms and or 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

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 / Supplier / Contractor shall render such reports from

time to time as regards the progress of the contract and in such a form as may be called for by the

Purchaser.

A80. CANCELLATION OF ORDER

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.

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 Bidder/ Supplier/ Contractor.


A90. # PRESERVATION AND MAINTENANCE A91. Should any material require any 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 / Supplier / Contractor. In other agreed cases of

Ex-works / Ex-Transporter's warehouse or Railway godown offers, the Bidder / Supplier / Contractor on

dispatch, shall give details of materials with dispatch particulars and their value in time to 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 port of dispatch basis, Transit Insurance shall

be arranged by the Purchaser. The Bidder / Supplier / Contractor shall immediately on despatch of the items, inform all relevant details of despatch such as Order number, Bill of Lading/AWB

number marked as Freight Paid, Insurance policy/document, number of packages, value of consignment, invoice number in time directly to Purchaser's Insurance company & Purchaser on

the contact details as provided in the order. 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 A111. Taxes and duties applicable, if any, shall be regularized by MDL by issuing necessary exemption

certificates in respect of procurement for Defence Projects. Bidder shall indicate separately the GST and

duties applicable in their offer. When the items qualify for exemption 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 GST Act etc.) from the bills of the Supplier as per

statutes. Similarly where payment of Custom duty is agreed to and stipulated in the Purchase Order /

Contract, the same will be paid by the Purchaser on receipt of 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 SHIPBUILDERS

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 Number

along with HSN / SAC code is indicated in the Invoice.

A120 DEMURRAGE A121. Storage and Demurrage charges will be payable by the Bidder / Vendor / Contractor for all

shipments that reach purchaser without proper dispatch documentations, Lorry Receipts not accompanied by packing lists, invoices etc. The Supplier shall be responsible for fines due to errors or omissions in

description, weight or measurements and for increased handling charges due to improper packing.

A130. INSPECTION, TESTING 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.

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 / Supplier / Contractor shall unconditionally and free of cost to the Purchaser transfer

information on technological developments / innovations / modifications which the Bidder/Supplier /

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 / Supplier / 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 / Supplier / Contractor’s Design Department in the course of manufacture of equipment ordered by the Purchaser, the Bidder / Supplier / Contractor shall incorporate such improved versions in the

equipment without any extra cost to the Purchaser under 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 / Supplier / Contractor, the Bidder / Supplier / Contractor, shall quote for and carry out all such modifications to the

equipment.

A163. Where the whole or a portion of the equipment has been specifically developed by the Bidder /

Supplier / Contractor for the Owner and the latter would through the Purchaser be bearing the entire or

part of the development cost incurred by the Bidder / Supplier / Contractor, the design rights for the

whole or portion thereof, of the equipment as appropriate, shall vest in the Owners.

A164. Prior approval of the Owner should be obtained before similar articles are sold / supplied to any

other party other than the Owner. If such approval is given and sale is effected, the Bidder / Supplier /

Contractor shall pay to the Owner royalty at the rate mutually agreed to.

A165. The Sub-contractor / Supplier / Supplier shall continue to support the equipment for a minimum

period of 20 years from the date of supply by making available spare parts and assemblies of the

equipment supplied. Should the Sub-contractor / Supplier / Supplier decides to discontinue the product,

for any reason whatsoever, adequate notice shall be given to the Purchaser / Owner to enable procurement of the requisite lifetime spares.

A170. 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 / INSURANCE COVER FOR FREE ISSUE MATERIAL

A181. The Bidder / Supplier / Contractor shall furnish Bank Guarantee / insurance Cover equivalent to

the value of materials supplied by MDL free of cost valid up to the execution of the contract / delivery of

material, inspected / accepted and receipt at MDL together with the material reconciliation statement

whichever is later.

A190. 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.

A230. PREFERENCETIAL PURCHASE FROM MSE VENDORS – Not Applicable

MDL has right to place order on MSE firm meeting following criteria:

In tenders, if participating MSEs quoted prices are within price band of L1+15%, such MSEs shall also be allowed to supply a portion up to 20% of requirement by bringing down their prices to L1 price where

L1 is non MSEs. If more than 1 MSEs fall under such criteria then this 20% shall be distributed proportionally. This preference shall not be applicable where MSE firm is L1 firm. % out of 20 percent

target of annual procurement from Micro and Small Enterprises, a sub-target of 20 percent (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.

------------------------


Enclosure-5

LOADING FACTORS FOR RANKING OF BIDS

(ILLUSTRATIVE FORMAT)

A

Sr.N

o.

Description Foreign

Supplier with

100% Import

Content

Indigenous

Supplier with part

Import Content

Indigenous

Supplier without

Import Content

1

Basic price Quoted

CIF

a) Ex Works

b) Delivered to MDL

stores

a) Ex Works

b) Delivered to MDL

stores

2

Add: insurance charges

Nil

In case of 1(a)

In case of 1(a)

3 Add Sea/Air Freight charges /

Inland Road Transport

Nil

In case of 1(a)

In case of 1(a)

4 Customs Clearance / Port

Handling / Transportation to

Yard

Applicable

NIL

NIL

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

any deviations

CIF price + Sr.No.4

Sr. Nos. (1+2+3)

Sr.Nos. (1+2+3)

B Loading due to variations in Financial Term.

Sr.No. Description Foreign Supplier Indigenous Supplier

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 variations in

financial term.

Sr. Nos. 5 + 6+7+8+9

C Loading on Account of deviations in following commercial terms


11 Security Deposit / Contract

performance guarantee.

Mandatory

12 Equipment Performance guarantee Mandatory

13 Additional delivery period sought over stipulated period as per Tender

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 variations

on account of financial and

commercial terms.

Sr. Nos. 10 +11+ 12 +13 +14 +15 +16

D. Landed Cost:


18 GST

19 Landed Cost Sr.Nos.17+18


Enclosure-6

PROFORMA BANK GUARANTEE FOR BID BOND / EMD

(On Non-Judicial stamp paper of value Rs. 500/-)

IN CONSIDERATION OF MAZAGON DOCK SHIPBUILDERS LIMTED, a company incorporated

under the Companies Act 1956 and having its registered office at Dockyard Road, Mumbai 400010

(hereinafter referred to as the “the Company” which expression shall, unless it be repugnant or contrary

to the subject or context thereof, be deemed to mean and include its successors and assigns) having

agreed to accept the Earnest Money Deposit (EMD) of Rs--------------------------- -------(Rupees-------------

----------------only) in the form of Bank Guarantee from Messers ............................ a partnership firm/sole

proprietor business/a company registered under the Companies Act, 1956 having its office at

...............................(hereinafter called " the tenderer" which expression shall, unless it be repugnant or

contrary to the subject or context thereof, be deemed to mean and include its successors and assigns) for

participating in the Tender no..................................dated.............. (hereinafter called "the tender" which

expression shall include any amendments/alterations to "the tender" issued by "the Company") for the

supply, delivery at site, installation and commissioning of certain equipment, item/services/civil works

etc., 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 Company without any demur on first demand an amount not exceeding Rs...................

(Rupees.............................only) against any loss or damage, costs, charges and expenses caused to or suffered by the Company by reason of non performance and non-fulfilment or for any breach on the part

of the tenderer of any of the terms and conditions of the said tender.

2. We, ............................. Bank further agree that the Company shall be sole judge whether the said tenderer has failed to perform or fulfil the said tender in terms thereof or committed breach of any terms

and conditions of the tender the extent of loss, damage, cost, charges and expenses suffered or incurred or

would be suffered or incurred by the Company on account thereof and we waive in the favour of the

Company all the rights and defences to which we as guarantors may be entitled to.

3. We, ................................. Bank further agree that the amount demanded by the Company as such shall

be final and binding on the Bank as to the Bank 's liability to pay and the amount demanded and the Bank

undertake to pay the Company the amount so demanded on first demand and without any demur

notwithstanding any dispute raised by the tenderer or any suit or other legal proceedings including

arbitration pending before any court, tribunal or arbitrator relating thereto, our liability under this

guarantee being absolute and unconditional.

4. We, .................................. Bank further agree with the Company that the Company shall have the

fullest liberty without our consent and without affecting in any manner our obligations hereunder to vary any of the terms and conditions of the said tender/or to extend time of performance by the tenderer from

time to time or to postpone for any time to time any of the powers exercisable by the Company against the tenderer and to forbear to enforce any of the terms and conditions relating to the tender and we shall

not be relieved from our liability by reason of any such variation or extension being granted to the tenderer or for any forbearance, act or omission on the part of the Company or any indulgence by the

Company to the tenderer or by any such matter or things whatsoever which under the law relating to sureties would have the effect of relieving us.

5. We, ........................................ Bank further undertake not to revoke this guarantee during its currency

except with the previous consent of the Company in writing.

6. We, ......................................... Bank also agree that the Bank’s liability under this guarantee shall not

be affected by any change in the constitution of the tenderer or dissolution or winding up of the business

of the tenderer.

7. Notwithstanding anything contained herein above:


i) Our liability under this guarantee shall not exceed Rs..........

ii) This Bank Guarantee shall be valid upto and including .......; and

iii) We are liable to pay the guarantee amount or any part thereof under this Bank Guarantee only and

only if you serve upon us a written claim or demand on or before ………(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

or the person authorized to sign)

(Signature of a person authorized to sign on behalf of "the Bank")


Enclosure-7

PROFORMA BANK GUARANTEE FOR SECURITY DEPOSIT (ILLUSTRATIVE FORMAT)

(On Non-Judicial stamp paper of value Rs. 500)



(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 fulfilment and performance of the said order, We, .................................................... Bank having

office at ............................................ (hereinafter referred to as "the Bank" which expression shall

includes its successors and assigns) hereby agree to pay to the Purchaser without any demur on first

demand an amount not exceeding Rs........... (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-fulfilment or for any breach on the part of the Contractor / Supplier of any

of the terms and conditions of the said order.

2. We, ............................. Bank further agree that the Purchaser shall be sole judge whether the said

contractor/Supplier has failed to perform or fulfil the said order in terms thereof or committed breach of any terms and conditions of the order and the extent of loss, damage, cost, charges and expenses suffered

or incurred or would be suffered or incurred by the Purchaser on account thereof and we waive in the favour

of the Purchaser all the rights and defences to which we as guarantors may be entitled to.

3. We, ................................. Bank further agree that the amount demanded by the Purchaser as such shall be final and binding on the Bank as to the Bank 's liability to pay and the amount demanded and the Bank

undertake to pay the Purchaser the amount so demanded on first demand and without any demur

notwithstanding any dispute raised by the 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.


except with the previous consent of the Purchaser in writing.



be affected by any change in the constitution of the Contractor / Supplier or dissolution or winding up of

the business of the contractor/ supplier.





only if you serve upon us a written claim or demand on or before ………….(validity + ---weeks from the


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")


Enclosure-8

PROFORMA BANK GUARANTEE FOR PERFORMANCE (ILLUSTRATIVE FORMAT)

(On Non-Judicial stamp paper of value Rs. 500/-)



(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 Registered office at ...............................(hereinafter

called the Contractor/ Supplier which expression shall, unless it be repugnant or contrary to the subject or

context thereof, be deemed to mean and include its successors and assigns) vide order No.......................

dated.............. (hereinafter called "the order" which expression shall include any 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 that the Contractor / Supplier shall furnish a security for the performance of the Contractor’s /

Supplier's obligations and/or discharge of the Contractor’s / Supplier's liability in connection with the said order and the Purchaser having agreed with the Contractor/Supplier to accept a performance

guarantee, We, .................................................... Bank having office at ............................................ (hereinafter referred to as "the Bank" which expression shall includes its successors and assigns) hereby

agree to pay to the Purchaser without any demur on first demand an amount not exceeding Rs...........

(Rupees.............................only) being 10% of the order value against any loss or damage, costs, charges

and expenses caused to or suffered by the Purchaser by reason of non-performance and non-fulfilment or

for any breach on the part of the Contractor / Supplier of any of the terms and conditions of the said

order.

2. We, ............................. Bank further agree that the Purchaser shall be sole judge whether the said

Contractor/Supplier has failed to perform or fulfil the said order in terms thereof or committed breach of

any terms and conditions of the order and the extent of loss, damage, cost, charges and expenses suffered

or incurred or would be suffered or incurred by the Purchaser on account thereof and we waive in the

favour of

the Purchaser all the rights and defences to which we as guarantors may be entitled to.

3. We, ................................. Bank further agree that the amount demanded by the Purchaser as such shall

be final and binding on the Bank as to the Bank 's liability to pay and the amount demanded and the Bank undertake to pay the Purchaser the amount so demanded on first demand and without any demur

otwithstanding any dispute raised by the 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.


except with the previous consent of the Purchaser in writing.



be affected by any change in the constitution of the Contractor / Supplier or

dissolution………………………………………………





only if you serve upon us a written claim or demand on or before ……… (validity + ---weeks from the


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")


Enclosure-9

Electronic Payment Mandate Form

(MDL Bank details)

Name of the Company/Firm Mazagon Dock Shipbuilders Limited

Address with Phone no. Dockyard Road, Mumbai – 400010

E-Mail ID

Phone No. +91 22 23745310

Fax No.

Particulars of Bank Account

Name of the Bank State Bank of India

Name of the Branch Mazagon Dock Mumbai Branch

Branch Code 9054

Bank IFSC / NEFT Code SBIN0009054

Bank Address MBPT Workshop building, N.V Nakhwa Road, Mazagon -

400010

City Name Mumbai

Telephone No. of Bank +91 22 23752802

9 digit code no. of bank &

branch appearing on the MICR cheque issued by your bank

400002120

Type of Account Current Account

Account No. 10005255246

Income Tax PAN No. AAACM8029J


Enclosure-10

LETTER OF CREDIT FORMAT FOR SHIPMENT BY SEA / AIR

40A Form of Documentary Credit Type : IRREVOCABLE

20 Transaction Reference Number

Documentary Credit Number

:

31C Date of Issue

Date

:

31D Date and Place of Expiry

Date

:

Place : NEGOTIATING BANK

51A Applicant Bank

BIC

:

BANKERS OF MDL,MUMBAI

50 Applicant

Name & Address

:

MAZAGON DOCK SHIPBUILDERS LTD.

DOCKYARD ROAD,

MAZAGON, MUMBAI – 400 010

59 Beneficiary

Name & Address

:

32B Currency Code, Amount :

Currency :

Amount :

39A Percentage Credit Amount Tolerance

Tolerance 1

:

Tolerance 2 :

41D Available with …By….

Name & Address

:

42C Draft at ….

Narrative

:

SIGHT/NEGOTIATION

42D Drawee

Name & Address

:

BANKERS OF MDL,MUMBAI

43P Partial Shipments

Narrative

:

ALLOWED/NOT ALLOWED

43T Transhipment Narrative

:

ALLOWED/NOT ALLOWED

44A Loading on Board / Dispatch

Narrative

:

AIRPORT / SEAPORT (AS PER TENDER

ENQUIRY/ORDER)

44B For Transportation to

Narrative

:

AIRPORT / SEAPORT (AS PER TENDER

ENQUIRY/ORDER)

44C Latest Date of Shipment

Date

:

46A Documents required

Narrative

:

(AS PER TENDER ENQUIRY)

47A Additional conditions

Narrative.

:

1. ALL DOCUMENTS SHOULD BE MARKED

WITH IEC CODE NO.0388070412, LC NO.

AND DATE AND IMPORT UNDER NON-

NEGATIVE LIST OF IMPORT EXPORT.

POLICY AM

2. DISCREPANT DOCUMENTS TO BE SENT

STRICTLY ON COLLECTION BASIS. 71B Details of charges

Narrative

:

ALL FOREIGN BANK CHARGES OUTSIDE

INDIA ARE FOR THE BENEFICIARY’S

ACCOUNT.


48 Period for presentation

Narrative

:

WITHIN ----- DAYS FROM THE DATE OF

BILL OF LADING /AIRWAY BILL.

49 Confirmation instructions

Instruction

:

WITHOUT

53D Reimbursing Bank

Name & Address

:

BANKERS OF MDL WILL SPECIFY

78 Instructions to the Paying/ Accepting

Bank

Narrative

:


72 Sender to Receiver Information

Narrative

:



Annexure 11

LOCAL CONTENT DECLARATION BY CHIEF FINANCIAL OFFICER OR OTHER LEGALLY

RESPONSIBLE PERSON NOMINATED IN WRITING BY THE CHIEF EXECUTIVE OR SENIOR

MEMBER/PERSON WITH MANAGEMENT RESPONSIBILITY (CORPORATION, PARTNERSHIP

OR INDIVIDUAL)

IN RESPECT OF BID / TENDER No. .................................................................................

ISSUED BY: (Name of Firm):.......................................................................................

NB: The obligation to complete, duly sign and submit this declaration cannot be transferred to an external

authorized representative, auditor or any other third party acting on behalf of the bidder.

I, the undersigned, …………………………….................................................... (full names), do hereby

declare, in my capacity as …………………………………………….……….…….. of ...............................................................................................................(name of bidder entity), the

following:

(a) The facts contained herein are within my own personal knowledge.

(b) I have satisfied myself that the goods/services/works to be delivered in terms of the above-specified bid comply with the minimum local content requirements as specified in the tender, and as measured in

terms of Public Procurement (preference to Make in India) Order 2017.

(c) The local content has been calculated using the definition given in clause 2 of Public Procurement

(preference to Make in India) Order 2017, the rates of exchange indicated in paragraph 4.1 above and the

following figures:

Bid price, excluding net domestic indirect taxes Quoted

Imported content including all custom duties

Stipulated minimum threshold for Local content (paragraph 3 above)

Local content % , as calculated

NB: If the bid is for more than one product or the product offered has components / raw material / sub-

assemblies, a schedule of the local content by product or product break-up including applicable custom

duties of shall be attached.

(d) I accept that the Procurement Authority / Institution / MDL has the right to request that the local

content be verified in terms of the requirements of Public Procurement (preference to Make in India)

Order 2017.

(e) I understand that the awarding of the bid is dependent on the accuracy of the information furnished in

this application. I also understand that the submission of incorrect data, or data that are not verifiable as described in Public Procurement (preference to Make in India) Order 2017,

may result in the Procurement Authority / Institution / MDL imposing any or all of the remedies as provided for in Clause 9 of the Public Procurement (preference to Make in India) Order 2017.

SIGNATURE: ___________ DATE: ___________

WITNESS No. 1: ___________ DATE: ___________ WITNESS No. 2 : ___________ DATE: ___________


Annexure 12

(to be executed on non judicial stamp paper of requisite value as per place of execution in

India)

DEED OF GUARANTEE

THIS DEED OF GUARANTEE (“Deed”) made and executed at (*) on this the ________ day of

_________________ 2019 by:

(*), a (*) existing under the laws of (*) and having its registered at (*) (hereinafter referred to as

“the Principal Manufacturer”/ “Original Equipment Manufacturer(OEM)”, which expression

shall unless it be repugnant to the subject or context thereof be deemed to include their respective

heirs, executors, administrators and legal representatives) being the Party of the FIRST PART;

IN FAVOUR OF

MAZAGON DOCK SHIPBUILDERS LIMITED, a company existing under the laws of India, having its

registered office at Dockyard Road, Mazagon, Mumbai 400010, India (hereinafter referred to as the

(MDL), which expression, unless excluded by or in contradiction to the subject or context, shall

mean and include its successors and assigns) being the Party of the OTHER PART;

Whereas:

A. MDL has floated a Tender bearing Tender No. (*) dated (*) (“Tender”), wherein quotations were

invited for supplying of (*) (“Goods&/or Services”) as stipulated in the Tender at locations as

specified in the Tender.

B. The Principal Manufacturer /OEM has agreed to submit its bid through an authorised

representative namely (*) (hereinafter referred to as “Authorised Representative”), for the

aforesaid Tender.

C. The Principal Manufacturer/OEM has represented that it has authorised the Authorised

Representative to act on its behalf herein for submitting the bid and to act as an intermediary for

supplying the Goods &/or Services to MDL as per the terms of the Tender, as mentioned herein this

Deed.


D. The Tender condition No. (*) requires that the Principal Manufacturer furnishes a legally

enforceable document, i.e. this Deed, for the purpose of ensuring smooth execution of the Contract

if awarded to the Authorised Representative (pursuant to the Tender) and for assuring that all

obligations as stated in the Contract will be fulfilled therein, including warranty and guarantee

obligations contained in the Tender. It is further clarified that MDL shall award the contract and

sign the relevant transaction documents (“Transaction Documents”) with the Authorised

Representative (in the event of its bid qualifying as per the criteria stipulated in the Tender).

E. Thus, the Principal Manufacturer/OEM has agreed to execute this Deed in favour of MDL.

NOW THIS INDENTURE WITNESSETH THAT IN CONSIDERATION OF THE ABOVE PREMISES IT

IS HEREBY COVENANTED AND AGREED (THE PRINCIPAL MANUFACTURER /OEM

COVENANTING AND AGREEING JOINTLY AND SEVERALLY) AS FOLLOWS:

1. As per Tender condition No. (*), the Principal Manufacturer /OEM hereby, absolutely,

irrevocably and unconditionally guarantees to MDL, the performance by the Principal

Manufacturer /OEM of all of the obligations in/under the said Tender and Transaction

Documents whether executed by the Principal Manufacturer /OEM directly or the Authorised

Representative or both, to the satisfaction of MDL in the event of failure of the Authorised

Representative or otherwise upon the occurrence of an event of default under the said Tender

and/or Transaction Documents.

2. Any such demand made by MDL on the Principal Manufacturer /OEM shall be final, conclusive

and binding notwithstanding any contractual arrangement, difference or any dispute between

Principal Manufacturer /OEM and MDL and/or MDL and the Authorised Representative or

any other legal proceedings, pending before any court, tribunal, arbitrator or any other

authority. The Principal Manufacturer /OEM shall be bound by the terms and conditions of

the Tender and/or Transaction Documents.

3. The Principal Manufacturer /OEM shall indemnify and hold harmless MDL from any claim

made against MDL or any third party for injury, damage, loss or expenses attributable to the

breach /non-performance of responsibilities by the Authorised Representative.


4. In order to give effect to the Guarantee herein contained MDL shall be entitled to act as if the

Principal Manufacturer /OEM was originally liable to MDL for all the obligations of the

Authorised Representative as mentioned in the Tender and/or Transaction Documents.

5. Notwithstanding MDL’s rights herein or under the Tender and/or Transaction Documents,

MDL shall have fullest liberty to call upon the Principal Manufacturer /OEM to perform the

obligation of the Authorised Representative under the Tender and/or Transaction Documents

and pay together with interest as well as the costs (including reasonable attorney costs)

charges and expenses, and/or other money for the time being due to MDL in respect of the

aforesaid.

6. The Guarantee herein contained shall not be determined or in any way prejudiced by any

absorption of or by any amalgamation thereof of MDL but shall enure and be available for and

by the absorbing or amalgamated entity.

7. The Guarantee shall be irrevocable and enforceable against the Principal Manufacturer /OEMs

notwithstanding any dispute between the Principal Manufacturer /OEM and the Authorised

Representative.

8. The Principal Manufacturer /OEM hereby agrees that notwithstanding any variation made in

the terms of the Transaction Documents, the Principal Manufacturer /OEM shall not be

released or discharged of their obligation under this Guarantee provided that in the event of

such variation the liability of the Principal Manufacturer /OEM shall notwithstanding

anything herein contained be deemed to have accrued and the Principal Manufacturer /OEM

shall be deemed to have become liable hereunder on the date or dates on which the

Authorised Representative become liable to perform its obligations which became due under

the said Transaction Documents.

9. The Guarantee hereby given is independent and distinct from any security that the MDL have

taken or may take in any manner whatsoever whether it is by way of a performance

guarantee or security Deposit as per provisions of the Tender and Transaction Documents.


10. The Principal Manufacturer /OEM shall pay all stamp duty, other duties, Taxes, fees, penalties

or other charges payable on or in connection with the execution, issue, delivery, registration

of this Deed, and any document, act and registration performed pursuant hereto, if and when

the same has become payable according to the Applicable Law.

11. The Principal Manufacturer /OEM declares that the information and data furnished by it to

MDL and the Authorised Representative pursuant to the Tender is true and correct.

12. This Deed shall be governed by and construed in all respects with the Indian laws and the

parties hereto agree that any matter or issues arising hereunder or any dispute hereunder

shall be subject to the jurisdiction of the competent Courts/Tribunals of the city of Mumbai in

India.

10. This Deed may be executed in 2 (two) counterparts, each of which so executed will be

deemed to be an original and such counterparts together will constitute one and the same

Deed.

IN WITNESS WHEREOF the Principal Manufacturer /OEM (abovementioned) has executed these

presents the day and year first hereinabove written.

Signed, Sealed and Delivered on behalf of

By:

Name: (*)

Title: (*)

Witness

1.

2.