TENDER NO GM (M)/AM/PAINTS/2000007105 …mazagondock.in/writereaddata/tenders/13852173201844130PMTender... · The list of approved banks by SBI ... copy of the Green channel certificate

TENDER NO GM (M)/AM/PAINTS/2000007105

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E- TENDER ENQUIRY IN TWO BID SYSTEM

FOR MANUFACTURER & SUPPLY OF CODED PAINTS

TENDER NO. TENDER DATE CLOSING DATE & TIME EMD

GM(M)/AM/PAINTS/2000007105 03.07.2018 25.07.2018 AT 1400 Hrs Rs. 14,000/-

MAZAGON DOCK SHIPBUILDERS LIMITED

(A Government of India Undertaking)

Dockyard Road, Mazagon, Mumbai 400 010. INDIA

Certified – ISO 9001:2008 For Shipbuilding Division

DIVISION - SHIP BUILDING DEPARTMENT - MATERIAL PURCHASE

Tel. No.: (022) 23763259 Fax No.: (022) 2373 8151

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

Dear Sirs/Madam,

1 Introduction:

Dear Sirs/Madam,

1.1 Mazagon Dock Shipbuilders Limited (MDL) invites competitive bids on e-procurement portal

(http://eprocuremdl.nic.in) from reputed Manufacturers in TWO BID SYSTEM (Part-I Techno Commercial Bid and

Part-II Price Bid) for the supply of coded paints.

Note: This tender is to be filled through E-tendering mode only on our e-procurement portal. Online Bid on our E-

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

accepted.

1.2 Issue of Tender Enquiry Document: The Tender Enquiry is available on http://eprocuremdl.nic.in & also on our

website www.mazagondock.in (path: Tenders->Shipbuilding-Material Purchase) and CPP Portal for download

purpose & bidders can submit their offer online on our website http://eprocuremdl.nic.in.

2 Instructions to the Bidders for uploading the Techno-Commercial Bid and the Price Bid through E-Procurement Portal are as per Enclosure-3

2.1 Bidder in their own interest is requested to upload their bids well in advance of tender closing date to avoid the last

minute difficulties in uploading the bids.

2.2 Problems in hardware / software, internet connectivity, system configuration, Browser setting etc, whatsoever reason

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

3 Technical Specification & Scope of supply: The paints shall comply with the requirements as specified below. The firm to indicate the Technical Parameters of paints offered by them against each paint as per Enclosure-3. It

may be noted that technical parameters shall be duly filled and submitted along with the offer or else may be rejected

at evaluation stage.

Sr.No Material Description Unit Qty

3.1.1 Primer,Epoxy Red Oxide, as per NCD1435, Mat Code -19102042 L 8000

3.1.2 Thinner, Compatible for Primer Epoxy Red Oxide, NCD 1435(Mat Code -19104041) L 1800

3.2 The Bidders are requested to quote for item wise.

3.3 Quantity tolerance: 2% is permitted in respect of supplied material, due to standard packing of paint, if any.

3.4 Technical Parameter Sheet (to be filled on Line only) As per Enclosure-2 shall also be submitted in Part I of the Bid.

The offer without technical parameter sheet may be rejected.

3.5 Test Certificates: Bidders shall supply the paints along with the manufacturers test certificates as well as Test

Certificates from any Govt. Approved (NABL Acredited ) Laboratory /IIT/UICT/VJTI complying parameters of the

NCD1435 as mentioned above. Bidders shall also submit the Test Certificates from any Govt. Approved (NABL

Acredited) Laboratory /IIT/UICT/VJTI complying the quoted Solid Volume Ratio (SVR).

3.6 Thinners shall be supplied with Manufacturer’s Test Certificates compatible for respective paints

4 Pre-Qualification Documents & Criteria: Bidders should upload following documents along with their (Part-I-

Bid) online & based on these documents their techno commercial offer will be pre-qualified & evaluated for acceptance of part-I offer.

4.1 Bidders Company Profile.

4.2 Bidders Shop & Establishment Registration Certificate / Factory License / Registration certificate from local bodies

for conducting business.

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

4.4 Purchase Order copies in support of the bidders experience and past performance on similar supplies during last 3

years.

4.5 Bidder’s average turnover during last 3 years should be at least Rs.3.48 Lakh. If any cash transaction is included in

turnover (Statement of Profit & Loss), the same will not be considered for turnover value.

4.6 Value of similar supplies during last 3 years should not be less than Rs 3.48 Lakh. (Order copies to be appended).

4.7 MDL registered bidders need not upload the documents mentioned at 4.1,4.2 & 4.3 above. However Documents

mentioned at 4.5 & 4.6 are mandatory for every bidder. MDL has a right to verify / cause verification of authenticity

of the said documents whenever felt necessary. MDL reserves the right to ask for hard copies of above documents.

4.8 Copies of valid registration of approval certificate in case of bidders firms registered with NSIC/SSI/MSME/ISO


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certificate.

4.9 Note: MDL reserves the right to demand for a hardcopy of any of the above documents or other related documents, if

required. MDL has the right to verify / cause verification of authenticity of the said documents whenever felt

necessary. Bidders shall comply with the same, or else the bid is liable for rejection.MDL reserve the right to verify

the authenticity of declared information for UAN registration including gross Block of fixed asset for ascertaining

the status of MSE.

5 Earnest Money Deposit (EMD) / BID BOND:

5.1 Bidders shall furnish EMD for Rs.14,000/- (Rupees Fourteen Thousand only) in the form of Bank Guarantee drawn

in favor of MAZAGON DOCK SHIPBUILDERS LIMITED or Electronic payment through NEFT/RTGS to MDL’s

account. The MDL bank details are given below. The Bank Guarantee should be valid for 4 more weeks beyond the

offer validity period indicated in the tender. The above instrument should be drawn on reputed International /

Nationalised / Scheduled Banks excluding co-operative banks, payable at Mumbai and should essentially be

uploaded in the Part-I viz. The list of approved banks by SBI / CANARA are uploaded on MDL website. Techno

Commercial Bid. Bids / Offers without EMD will not be considered.

5.2 The scanned image of ECS transaction receipt/ BG towards Earnest Money Deposit (EMD) / BID BOND shall be

uploaded.

5.3 In case, the Bank Guarantee for EMD is received by post directly from the issuing Bank, separate confirmation of the

BG is not necessary. Hence Bidder shall instruct the Bank accordingly. Otherwise the Bank Guarantee will be

realized only after receipt of confirmation of the BG from the Bank on the request of MDL. Hence to avoid the time

for confirmation of Bank Guarantees the bidders may inform their bankers to send the respective Bank Guarantees

directly to MDL so as to reach within Seven days from the tender closing date

5.4 The original of the BG towards Earnest Money Deposit (EMD) / BID BOND 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

tender closing date, addressed to,

5.5 GM (Material),

II FLOOR, MOGUL HOUSE,

SOUTH YARD MAZAGON DOCK SHIPBUILDERS LTD,

DOCKYARD ROAD, MUMBAI- 400010.

5.6 EMD of unsuccessful bidders will be returned after finalization of the tender and shall be interest free. MDL’s Bank

Details are as under

BANK DETAILS OF SBI MAZAGON BRANCH

BENEFICIARY’S NAME MAZAGON DOCK SHIPBUILDERS LIMITED

NAME OF BANK STATE BANK OF INDIA

BRANCH MAZAGAON BRANCH

BR CODE 9054

BANK ADDRESS MAZAGON BRANCH, MAZAGAON, MUMBAI 400010

ACCOUNT NO 10005255246

ACCOUNT TYPE CURRENT ACCOUNT

IFSC CODE SBIN0009054

RTGS CODE SBIN0009054

NEFT CODE SBIN0009054

MICR/NECS CODE 400002120

INCOME TAX PAN NO. AAACM8029J

5.7 Following bidders shall be exempt from submission of EMD.

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

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

5.7.3 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.

5.7.4 All Micro & Small Enterprises subject to their submitting the Registration Certificate from the Competent Authority

regarding their Micro/Small Industry manufacturing status.

5.7.5 Green Channel Vendors: Green Channel Status vendors qualify for EMD exemption. Such firms shall submit valid

copy of the Green channel certificate issued by MoD for the items for which the offer is being submitted in Part-I offer/bid. Firms in process of obtaining this certificate will not be considered for EMD exemption.

5.7.6 Deemed Registered Vendors with DPSU: Common/Deemed DPSU registered vendors qualify for EMD exemption.

Such firms shall submit valid copy of the registration certificate issued by DPSUs (other than MDL) for the items /

services for which the offer is being submitted in Part-I offer/bid. Firms in process of obtaining registration in other

DPSUs will not be considered for EMD exemption.

6 Validity Period: Bids / Offers shall have the validity period of 90 days from the tender closing date. A bid valid for

a shorter period will be liable for rejection. In case of shorter validity period quoted by any bidder, technically

accepted bidder will be given opportunity to accept validity as per tender. In case of Non-acceptance of validity as


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per tender term thereafter, the firm’s offer will be rejected by MDL as non- responsive.

7 On line submission of Bids in Two Bid System: Offer must be uploaded in two parts i.e. Part-I (Tech- Commercial

bid) & Part-II (Price bid) through e-tendering system. Bidders are requested to log on to our e- procurement portal

“http://eprocuremdl.nic.in” for on-line submission of bids against above tender.

7.1 Part-I Techno Commercial Bid : It shall contain the technical details, commercial terms/conditions of supply(without

mentioning price), Un-priced format stating “Quoted” or “Not Quoted” or “NOT Applicable” BUT WITHOUT

MENTIOING PRICES against each item of price format/Rate sheet, Acceptance forms for Tender Enquiry

Form(TEF), General Terms & Conditions(GT&C) and Standard Terms & Conditions(STACS), with details of

deviations on technical/commercial terms if any and other requirements specified in Tender document with proper

authorization. Firm should upload their technical offer detailing complete Technical Specification as relevant at Part-

I of e-tender in pdf format against our Tender Technical Specifications. Following should be uploaded:

7.1.1 The details of EMD submitted in appropriate mode as applicable. Scanned image of DD/BG towards Bid Bond as

stipulated in it or documents against which exemption is being sought.

7.1.2 Technical Bid in PDF format on your letter head clearly indicating the offer ref. & date to be attached. With

mentioning technical description of items/make/brand being offered along with compliance statement.

7.1.3 Acceptance on clauses of Tender Enquiry, GT&C and STACS in the Prescribed Formats duly stating ‘Accepted OR

Deviation’ as applicable for each of the clause. Deviation Sheet if any shall \be uploaded on line.In the event , we do

not receive acceptance of Tender Enquiry Form(TEF), Standard Terms and Conditions (STAC), Scope of Supply &

QA requirements, Gereral Terms and Conditions (GT&C), Official Secret Act, Safety Clause, it shall be construd

that all the tender termes and conditions are acceptable to you.

7.1.4 A standard Blank BoQ(Blank Rate Sheet) format has been provided with the tender document to be filled by all the

bidders. Bidders are requested to note that they should necessarily submit necessary details, such as Taxes, other

charges, Brand offered etc. in the format provided and no other format is acceptable.Bidders are required to

download the Blank BoQ file, open it and complete the coloured (unprotected) cells with their respective above

details. No other cells should be changed. Once the details have been completed, the bidder should save it and

submit it online, without changing the filename.The rate & price shall not be quoted in BOQ.

7.1.5 Deviation Sheet if any, shall be uploaded on line in the prescribed format in case of any deviations from Terms, Conditions & Technical requirements specified in the STACS, Tender Enquiry and GT&C.

7.1.6 Bidders / Suppliers not registered with Mazagon Dock shipbuilders Limited should upload the additional documents

as applicable and described above.

7.1.7 All pre-qualification documents mentioned in this tender.

7.1.8 Copies of valid Registration or Approval certificates in case of Bidder’s firms registered with MDL / NSIC/MSME

ISO shall be uploaded on line. Enterprise status (If Any) to be indicated in part-I (Mini/Micro/Small)

7.1.9 Bank details for payment by RTGS / NEFT in the format to be uploaded.

7.1.10 Scanned copy of certificates (if any) as detailed below:

(a) ISO Accreditation.

(b) Authorized Dealership/OEM.

(c) Authorization letter from Principal.

(d) Scanned image of PAN card shall be uploaded

(e) Registration with MDL, NSIC, MSME

(f) PO Copy in support of the bidders experience on similar supplies for past 3 Yrs.

7.2 Part-II Price Bid:

7.2.1 A standard BOQ (Rate Sheet) format has been provided with the tender document to be filled by all the bidders.

Bidders are requested to note that they should necessarily submit their financial bids in the format provided and no

other format is acceptable. Bidders are required to download the BOQ file, open it and complete the while colored (unprotected) cells with their respective financial quotes and other details (such as name of the bidder). No other cells

should be changed. Once the details have been completed, the bidder should save it and submit it online, without

changing the filename. If the BoQ file is found to be modified by the bidder, the bid will be rejected.

7.2.2 Please refer replica of rate sheet at Enclosure- 2 for reference only.

7.2.3 In case of any discrepancy in unit price and total price (multiplication error), unit price shall prevail.

7.2.4 Bidders are requested to show the break up regarding taxes, duties & levies as applicable in the bid. For variations, if

any, in statutory levies, if MDL satisfies that the rates of taxes, duties & levies indicated therein are in line with the

tax law, the escalation due to variation in the taxes, duties & levies can be justifiably considered to the extent

legitimately allowable on the base amount(s) indicated in the bid.

7.2.5 Deviations sought by the bidder in respect of variation in commercial terms, payment terms shall be negotiated first

and thereafter the deviations if acceptable to MDL will be loaded on the bidder/s quoted price before price bid

opening for ranking purpose.

8 Bid Rejection Criteria:

8.1 Following bids shall be categorically rejected;

8.1.1 Bids received in any other form other than e-procurement format.

8.1.2 Bids received without EMD (other than those who are exempted from payment of EMD), as specified in the tender.

8.1.3 If the date of online payment / date of issue of BG towards EMD is later than the tender closing date.

8.1.4 Bids received after tender closing date & time.

8.2 Following bid rejection criteria shall also render the bids Liable for Rejection.

8.2.1 Bidder’s failure to submit sufficient or complete details for evaluation of the bids within the given period depending

on the deficiencies noticed in the bid.


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

8.2.3 Bids with technical requirements and or terms not acceptable to MDL.

8.2.4 Bids received without pre-qualification documents / Bids not meeting the pre-qualification parameters stipulated in

the tender enquiry.

8.2.5 Unreasonably longer delivery period quoted by the firm.

8.2.6 Validity period indicated by bidders is shorter than that specified in the tender enquiry.

8.2.7 Bidders not agreeing to furnish & Guarantee / Warranty obligations.

8.2.8 Bidders not agreeing to furnish required Security Deposit till validity as mentioned in the tender.

8.2.9 Bidders not submitting original instrument of BG within 7 MDL Working Days from the Tender Closing Date and

Time / Bidders not uploading scanned image of EMD payment details made online other than those who are

exempted from payment of EMD, as specified in the tender.

8.2.10 Bid offering Price variation clause.

8.2.11 Bidders not agreeing to furnish required Security Deposit as per tender term.

8.2.12 MSE bidders fail to submit documents / declared for UAN registration / declaration in found wrongly.

8.2.13 Bidders not agreed to give post sale product support/replacement of defective material.

8.2.14 Bidders not submitting technical parameter sheet duly filled as per Enclosure-3

8.2.15 Bidders not submitting SVR % in the range of mentioned in technical parameter sheet Enclosure-3

9 Pricing:

9.1 Bidders shall quote the prices of items listed in the online price bid sheet of the tender enquiry for delivery of the

items in MDL stores on door delivery basis inclusive of all cost towards packing/forwarding/ frigate / delivery/

transport & transits insurance etc at MDL Mumbai-10 The prices quoted shall remain firm and fixed during the

currency of the order / till the execution of the total quantity on the order unless agreed otherwise by MDL. No

increase shall be permissible on any account after finalisation of the order / till delivery of total quantity of the order

9.2 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 (Taxes, duties and any charges) mentioned in the On-line Price bids shall prevail over the

details in blank rate schedule format for ranking and evaluation purpose.

9.3 Unloading of the material at MDL Stores to be done by the firm. The facilities for unloading to be arranged by the

firm.

10 Terms of Payment:

10.1 MDL does not pay any advance payment for indigenous FOR bidders.

10.2 Payment for the value of supplies, as reduced by any deductibles and/or the amount leviable towards liquidated

damages, if any and after including taxes, duties, Octroi, service tax etc. shall be made through RTGS /NEFT

between 15 to 20 days after receipt and acceptance of the items as per the ordered terms in MDL against submission

of following documents in triplicate:

Original Invoice

Delivery Challan duly endorsed by security persons- CISF at Main Gate

Copy of purchase order and its latest amendment if any.

Guarantee certificates

Test Certificates as specified in the tender.

Packing Lists. Bidders shall furnish all the necessary details like name of the bank / branch, branch code No, bank account no,

MICR No, in their technical bid as per the RTGS/NEFT/ECS format provided with the tender enquiry.

10.3 Payment shall be made as per actual quantity received and accepted. The bills to be addressed to:

CM (F - NP), 3rd

floor, Mazdock House, MDL,

Dockyard road, Mumbai -10 and should be submitted at Invoice Receipts Section located at South Yard Gate,

opposite to Reception Centre, Mazagon Dock Shipbuilders Ltd, Dockyard Road, Mumbai:- 400010

10.4 Note: Invoice with delivery challan (having CISF stamp in entering) should be submitted immediately within 2 to 3

working days in MDL after execution of order. Thereafter any discrepancy / pending claims regarding payment or

any matter related to the order should be brought to MDL notice in writing within 30 days otherwise final payment

by MDL, beyond which no claims will be entertained.

10.5 “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.

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, are to upload the invoice on "Invoicemart" TReDS platform and

submit the 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.”


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11 Guarantee / Warranty/ Shelf Life/ Sample Testing:

11.1 The material supplied shall have a shelf life of minimum 12 months from the date of supply and shall be guaranteed

for a minimum period of 12months for manufacturing defects from the date of acceptance by MDL.

11.2 The supplier will have to replace rejected / bad material during guarantee period at no extra cost to MDL.

11.3 The supplier cannot absolve their responsibility for warranty of material even though it is inspected at MDL &

approved by inspection authorities.

11.4 If the defects are not remedied within a reasonable / stipulated time, MDL may proceed to rectify the defects at the

supplier’s risk & cost, but without prejudice to MDL rights under the contract.

11.5 Shelf Life of Paint: The paints should retain their properties described in the specification for a period of not less

than 12 months from the date of dispatch, both in temperate and tropical climate. The date of expiry should be

worked out from the date of dispatch of the supply and not from the date of manufacturing. Hence, the gap between

the date of manufacturing and the date of supply should not be more than three months. Whereas in case of paints,

keeping properties below 12 (Twelve) months (i.e. 6 to 9 months only in case of those paints, as stipulated in

specifications) these gaps should not be more than 1 (One) month.

11.6 Sample Testing: MDL on receipt of the paints may send the sample for testing to a govt. approved laboratory for

ascertaining the specified parameter as indicated and quoted by you in your bid viz. respective minimum coverage

capacity, specific gravity, Solid/Volume ratio and other technical details as mentioned in our Tender & confirmed in

your offer. In case, it is observed that the supplied paints does not have meet any of specified parameters; MDL

reserves the right to reject the paint, wholly or partly, at the sole discretion of MDL. MDL, also reserves the right to

recover from the paint manufacturer suitable compensations for the damages and / the expenses incurred in painting

the surfaces for which the primer and the paint was used. In case, MDL wants to replace the rejected /defective

primer or paint, the manufacturer shall immediately replace the same at their cost. Such, three repeated rejections

may likely to lead to cancellation of contract and black listing of the firm. No request for proportionate increase in

price will be considered if actual coverage capacity of the supplied paints is found to be on higher side than the

minimum coverage capacity indicated in the tender/offer.

12 Delivery: The paints specified above shall be supplied within 3 (Three) weeks (Including Lab Test time) from the

date of purchase order.

12.1 Consignee: The Successful bidder/s shall supply the material on door delivery basis to MDL Stores on Working days (Monday to Friday) between 8.00 hrs to 15.00 hrs (Lunch Time 11.30 to 12.00 hrs). Delivery address is:

“MDL Anik Chembur Yard,

Kurla Mahul Road, Opposite to BPCL,

Next to Dilip Vensarkar Cricket Academy.

Pin -400074”

In case Truck/Tempo reaches our yard beyond above time the same may be retained over night at your risk & cost.

Request for permission for delivery of goods on Saturday / Sunday/ holidays if required, should be submitted 3

working days prior to the date of holidays

12.2 Mandatory Documents/Certificates required along with the delivery of the paint: Complete set of following

documents must be submitted along with the material at MDL Stores. The certificates should properly correlate with

batch number and other particulars of paints/primers/thinners delivered to MDL Stores.

12.2.1 Delivery Challan (3 Original Copies)

12.2.2 Test Certificates from Govt approved Laboratory. (for Primer Only)

12.2.3 Manufacturer’s Test Certificates.

12.2.4 Guarantee/Warrantee Certificate.

12.2.5 Invoice (1 Ink Signed Copy / Carbon Copy)

12.2.6 Purchase Order copy and PO Amendment copy if applicable (Photo Copy)

12.2.7 Packing List (Original)

13 Receipt Inspection:

13.1 Test Certificates: Bidders shall supply the paints along with the manufacturers test certificates as well as Test

Certificates from any Govt. Approved (NABL Accredited ) Laboratory /IIT/UICT/VJTI complying parameters of the NCD1435 as mentioned above. Bidders shall also submit the Test Certificates from any Govt. Approved (NABL

Accredited) Laboratory /IIT/UICT/VJTI complying the quoted Solid Volume Ratio (SVR).

13.2 Thinners shall be supplied with Manufacturer’s Test Certificates compatible for respective paints

13.3 Complete set of certificates must be submitted along with the paints / primers/ thinners delivered to MDL stores. The

certificates should be properly correlate with the batch no and other particulars of the paints delivered to MDL.

13.4 Receipt Inspection for all paints under supply: MDL Inspection Section shall carry out necessary inspection of the

items on receipt in MDL on the basis of appropriate MDL Inspection system requirements & 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.

13.5 Rejection of the material: Any portion of the material 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. 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.

13.6 MDL on receipt of the paints may send the sample for testing to a govt. approved lab. your supplies of the paint/s


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must comply with the specified parameter as indicated by you in Elcousure-3 viz. respective minimum coverage

capacity, specific gravity, Solid/Volume ratio and other technical details as mentioned in our Tender & confirmed in

your offer. In the event, it is observed that the supplied paint/s does not have met any of specified parameters the

same will be rejected. This rejected paint/s will have to be replaced in shortest possible time by you. Such 3 repeated

rejections may likely to lead to cancellation of contract and black listing of the firm. No request for proportionate

increase in price will be considered if actual coverage capacity of the supplied paint/s is found to be on higher side

than the minimum coverage capacity indicated in the tender/offer. SVR shall be the same as quoted in bid &

considered for ranking purpose.

14 Security Deposit (SD):

14.1 The successful bidder shall have to submit Security Deposit for an amount of 5% of the Order / Contract excluding

taxes, duties, freight etc. in the form of Bank Guarantee drawn in favor of MAZAGON DOCK SHIPBUILDERS

LIMITED or Electronic payment through NEFT/RTGS to MDL’s account. ECS / Bank Guarantee should be from

reputed International / Nationalised / Scheduled Banks excluding co-operative banks. The ECS transaction receipt/

BG towards Security Deposit (SD) / BID BOND shall be forwarded to GM (M), in sealed envelope, so as to reach

within 25 MDL working days from date of Order. No interest will be paid on Security Deposit. The SDBG shall be

in the prescribed format as given in the Annexure

14.2 In case of delay in submission of Security Deposit, interest will be levied at the rate of SBI PLR + 2% for the delayed

period.

14.3 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, etc. PSU can submit Indemnity Bond

in lieu of Security Deposit.

14.4 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.

14.5 The Security Deposit will be returned only after successful execution of the order and shall be interest free

14.6 In the event of failure to execute the order satisfactorily, the Security Deposit will be encashed by MDL.

15 Liquidated Damages: Time is an essence of the contract therefore the job, as ordered, should be completed on the

dates mutually agreed upon in accordance with the delivery schedule. In cases of delay not attributable to Purchaser

beyond the agreed schedule, the Vendor / Contractor shall pay liquidated damages, a sum representing 0.5% (Half per cent) per week or part thereof of the order value, subject to maximum of 5% of the order value for the

undelivered portion.

16 Taxes (Compliance of GST)

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

16.2 All reference to “Taxes, duties, octroi, excise etc” are to be read as “GST, Basic Custom Duty” in this tender

including STAC and GT&C.

16.3 GST Laws (i.e the Central Goods and Service Act,2017, the Maharashtra Goods and Service Act.2017, the

Integrated Goods and Service Act,2017, the Goods and Services Tax (Compensation to States) Act, 2017, various

rules , notification etc. GST Includes Central Tax(CT), State Tax(ST), Integrated Tax(IT) and cess)

16.4 Benefits from reduction in rate of tax/ ITC is required to be passed on to consumer. Where “applicable GST” has

been quoted as extra, Goods and service providers (except un- registered dealer under GST Law) have to submit

declaration that they have complied with “Anti- profiteering clause” under GST Law. Such declaration be given

in Technical Bid Part-1.

Due to implementation of GST, Supplier /contractors shall agree unconditionally to mandatorily pass on the any / all

benefits arising in terms of reduction in item / services prices to MDL under anti-profiteering provisions of GST Act

2017. The format of undertaking/ declaration is at Enclosure-5

16.5 The Item Wise Rates quoted in the Rate Sheet should exclude GST. Bidder should indicate GST as applicable

separately under each of the head in the same Rate sheet, which will be paid extra based on tax invoice to the extent

applicable.

16.6 If the vendor is registered under GST, vendor shall mention the HSN code for goods &/or services in their tax

invoice, etc. These codes must be in accordance with GST Law and responsibility of specifying correct HSN

codes for goods &/or services is that of the vendor. MDL shall not be responsible for any error in HSN code for

goods &/or services specified by supplier / contractor. Supplier/ Contractor shall pay penalty and/ or interest

imposed in MDL or any loss due to delay in availing ITC by MDL loss of ITC to MDL due to errors by vendors at

any stage. MDL reserves right to recover any such interest, penalty or loss from any amount due to Supplier/

Contractor or otherwise.

16.7 In case, MDL is unable to avail ITC, supplier/contractor at their own cost shall rectify the shortcoming in the

returns to be filed immediately thereafter. Further, if the ITC is delayed / denied to MDL / reversed subsequently

as per GST Law due to non / delayed receipt of goods and / or services and / or tax invoice or expiry of timelines

prescribed in GST Law for availing ITC, non-payment of taxes or non-filing of returns or any other reason not

attributable to MDL, Supplier/ Contractor shall pay any loss of amount along with interest and penalty on MDL

under GST Laws for the number of days the ITC was delayed. If the short coming is not rectified by supplier/

contractor and MDL ends up in reversal of credits and / or payments, supplier/ contractor is fully liable for

making good all the loss incurred by MDL. MDL reserves right to recover any interest, penalty or loss from any

amount due to Supplier/ Contractor or otherwise. The recovery of the interest @ SBI PLR+2% on the tax credit so


Page 7 of 27

available for the number of days the ITC was delayed. This amount shall be recovered from the SD or any

outstanding payments

It shall be the bidders responsibility to ensure the seamless flow of the Input Tax Credit (ITC) to MDL, in case of

GST paid by the supplier to the Government.

16.8 If the vendor is registered under GST, the GST registration number (15 digit GSTIN) issued by GOI shall be

mandatorily provided by the vendor. Vendor having multiple business verticals within state / at multiple states

with separate GST registration numbers shall forward GSTIN of these verticals involved in supply of goods and/or

services. MDL GSTIN is 27AAACM8029J1ZA and shall mention the same while invoicing and avoid any data

entry error on GST portal.

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

shall forward GSTIN of these verticals involved in supply & / or services of the tendered item.

16.9 If the vendor is registered under GST, Vendor shall ensure timely submission of invoice as per the provisions /

requirement / timeline promulgated by GOI in relation to GST Law with all required supporting documents to

enable MDL to avail input tax credit promptly. The vendors invoice inter alia should contain GSTIN of vendor,

GSTIN of MDL (i.e. 27AAACM8029J1ZA), GST tax rate separately, HSN code wise goods or services, place of

supply, signature of vendor, etc. Original invoice needs to be submitted to Bill Receipt Centre at MDL gate, and a

copy of the invoice should be given to the goods receiving section (GRS).

16.10 If the vendor is registered under GST, vendor shall file all applicable returns under GST Law in the stipulated

time & any losses of tax credit to MDL arising due to delay in filing will be recovered from their invoice wherever

MDL is eligible to avail tax credit. Any default towards payment of tax and / or uploading of monthly returns by

supplier/contractor, MDL retains right to withhold payments towards tax portion until the same is corrected &

complied by the supplier/contractor with the requirement of GST along with satisfactory evidence.

16.11 The rate sheet enclosed with the tender will indicate the rates to be entered under each head whenever applicable.

Bidders must clearly mention the applicable GST taxes. The item- wise rates (i.e. Basic + P&F + F&I) quoted in

the Rate Sheet should exclude GST taxes. Bidder should indicate GST rates as applicable separately under each of

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

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

16.12 If the GST rating of supplier /contractor on GST portal / Govt. website is found to be negative / blacklisted then

MDL shall reimburse GST to the vendor only after he makes the payment of GST and fulfils all requirements as

per GST Law for successful availment of ITC by MDL. Further, MDL is entitled to deduct / recover such GST

along with penalties / interest, if any, incurred by MDL.

16.13 If the GST rating of supplier /contractor on GST portal / Govt website is found to be negative / blacklisted, then

MDL reserves the right to reject the offer of such bidders. Similarly, on post placement of the contract / order, MDL shall not be obligated or liable to pay or reimburse GST to such supplier /contractor and shall also be entitled to

deduct / recover such GST along with penalties / interest, if any, incurred by MDL.

16.14 If the vendor is registered under GST, vendor shall be responsible for financial and non- financial consequences in

case of non- compliance of GST provisions / requirements / timelines on their part. MDL shall pay the applicable

GST taxes to the vendor at actual & supplier/contractor shall pass on the reduction in prices to MDL on account of

change in the tax structure.

16.15 The Item wise rates quoted in the rate sheet should exclude taxes and shall as applicable separately under each of

the head in the same rate sheet. However, wherever all-inclusive prices are quoted by the bidder(s) and accepted

without bifurcation of tax elements, no escalation shall be considered in respect of any variation in statutory levies

arising subsequently in the absence of required base figures.

The quoted rates should clearly indicate the applicable rate(s) under each box head and to be filled on line in part II

bid as per uploaded format. In absence of any such stiputaion in the “Part II price bid format”, it will be considered

that the prices quoted by the bidder are inclusive of the taxes and no separate liability for payment of the taxes will

be claimed upon MDL.

16.16 Any change in tax component/structure due to government regulation during the execution of contract within

contractual delivery period the same will be applicable at actual ruling at the time of supply/service/execution of

contract after Government Notification.

Supplier / contractor will not be entitled to any increase in rate of taxes occurring during the period of extended

delivery completion schedule if there is delay in supplies / completion attributed to him. However, if there is a

decrease in taxes, the same must be passed on to MDL.

16.17 The bidder shall submit their GST Registration, HSN/SAC code (Harmonized System of nomenclature / Service

accounting code) for the each item under this tender in the format mentioned below and upload the same in Part-1 of

the bid.

16.17.1 Sr.N Vendor Name Vendor Code GSTN Reg No


Page 8 of 27

16.17.2 Sr.No Mat Code/Mat Description HSN No SAC No**

** Applicable only for supply of services.

16.18 The rate sheet enclosed with the tender will indicate the rates to be entered under each head wherever applicable.

Bidders must clearly mention the applicable GST. The item-wise rates quoted in the Rate Sheet should exclude GST.

Bidder should indicate GST rates as applicable separately under each of the head in the same Rate sheet, which will

be paid extra based on tax invoice to the extent applicable.

16.19 Since the delivery terms acceptable for indigenous bidders is “Door Delivery for MDL Stores”, P&F, F&I if

applicable in addition to basic rate and to be paid by MDL should be clearly mentioned in the price bid. Where

“applicable GST” is quoted extra, bidder has to give declaration that “the benefits of bidder’s ITC has been factored

in the prices quoted” in techno-commercial offer.

16.20 Bidders should note that successful firm shall file the GSTR1 and all other relevant returns in the stipulated time &

any losses of tax credit to MDL arise due to delay in filing will be recovered from the firms invoice wherever MDL

is eligible to avail tax credit. Any default towards payment of tax and / or uploading of monthly returns by

supplier/contractor, MDL retains right to withhold payments towards tax portion until the same is corrected &

complied by the supplier/contractor with the requirement of GST along with satisfactory evidence.

16.21 Suppliers /contractor seeking advances against contract / orders should issue receipt vouchers (invoice) immediately

on receipt of advance payments and subsequently deliver items along tax invoice after adjusting advance payments

as per GST Act 2017 & terms & condition of contract/ order.

16.22 Bidders not having GST registration due to turnover threshold below Rs. 20Lakhs / Rs. 10Lakhs for North eastern &

special category states shall clearly mention / indicate the same in the technical offer towards Nil Tax Liability.

Further these bidders shall notify MDL within 15 days of becoming liable to GST & forward the necessary details.

MDL will load prices of this vendor by maximum % of GST rate received among all bidders to other bidder quoted

as MDL has to pay GST under reverse charge mechanism to Govt.

16.23 Bidders who are registered under composition scheme of GST Act due to turnover threshold limit for North eastern

& special category states as per GST rule, shall clearly mention / indicate the same in the technical offer indicating

their GST registration number should comply with the GST law 2017.

17 Loading Criteria for normalizing the Price Bid for ranking: Techno-Commercial deviations sought by the

bidder in respect of Freight, insurance, Payment terms, Delivery period will be negotiated with the firms before opening of price bids. Techno-Commercial deviations if acceptable to MDL, will be loaded as per loading criteria

illustrated below for L1 ranking purpose. Illustration of Loading Criteria shall be as per Enclosure-3

Deviations sought by the bidder shall be negotiated and deviation accepted by the bidders after the negotiation in

respect of following terms shall be loaded on the bidder/s quoted prices during price evaluation by MDL. The

loading criteria that will be adopted as detailed below for the negotiated and accepted deviation by MDL.

17.1 Payment Terms -It is desirable that the bidder accepts the Payment Terms indicated. Varied payment terms quoted

by bidders as compared to the terms stated in the Tender document shall be normalized by adopting the Prime

Lending Rate of State Bank of India plus 2% thereon on the amount(s) at variation and/or for the period (in no. of

days) at variation

17.2 Delivery of the goods at MDL premises should be responsibility of the supplier. However, for unavoidable reasons,

if bids are exclusive of transport and / or insurance, the same will be loaded at the cost to be incurred by MDL. The

freight and insurance amount to be loaded will be intimated to the participant bidders before price bid opening.

For the additional delivery period sought by the bidder over the stipulated date of delivery as per Tender, 0.50% per completed week will be loaded to the quoted price.

17.3 Liquidated Damages: Deviations sought in respect of rate per week and / or maximum ceiling in respect of liquidated

damages shall be loaded to the quoted price. For example, the maximum ceiling towards liquidated damages

stipulated in the Tender is 5% and the bidder seeks to limit it to, say 3.50% then the price quoted will be loaded by

1.5%. If the rate of LD per week is 0.50% per week or part thereof as per tender and the bidder seeks it as, say,

0.40% per week or part thereof, the maximum ceiling on LD as per tender will first be equated to weeks (10 weeks in

this case) and the rate proposed by the bidder i.e. 0.40% will be multiplied by the so equated maximum period

(which works out to 4%) and the quoted price will be loaded accordingly by 1%.Delivery being the essence of the

contract, it is desirable if the bidder(s) adhere to the stipulated clause.

17.4 Warrantee / Guarantee: Deviations in respect of the period of Warranty / Guaranty shall be loaded to the quoted price

@ 0.25% per month or part thereof.

17.5 Statutory GST taxes shall be included in the bids. Whereas cost (Basic Price + Transport + Insurance) to MDL

Stores, Mumbai shall be considered for bidders for evaluation purpose.

17.6 ISO 9000 Series accreditation over Non-ISO Bidders shall be considered. Manufacturers will be given preference

over authorized dealers.

17.7 L-1 bidder shall be decided considering all above loading factors.

17.8 Note: Bidders are requested to quote item wise unit rate for all the tendered items. On-line ranking visible to the

bidders after opening part II price bid is without loading parameters. However the L1 bidder will be evaluated offline by applying all applicable loading parameters as mentioned in the tender document.


Page 9 of 27

18 Ranking of bids & Determination of L1 Bidder:

18.1 Regular GST registered bidder: The Ranking of L1 price bids of techno- commercial qualified bidder will be

decided on individual item wise excluding GST taxes. If any variations in statutory levies, the break up in respect of

GST is clearly and separately to be furnished in the bid and the MDL is satisfied that the rates of GST indicated

therein are in line with the tax law, so that escalation due to variation in the GST can be justifiably considered to the

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

break up regarding taxes, duties & levies as applicable in the bid.

For Primer:

Techno-Commercially Qualified firm having lowest ratio (Rate/SVR) will be considered for ranking L1 i.e

Rate per Litre (Exclusive of GST taxes) = R

Solid Volume Ratio in %= SVR

L1 Bidders = Lowest of (R/SVR)

Special Note: MDL reserve the right verify SVR% quoted by bidder after the delivery of paints. If it is observed that

on verification there is deviation to quoted v/s actual received (% of SVR), the entire lot of paints will be rejected

and the supplier has to replace the rejected paints with fresh lot along with Govt Lab report at bidder’s cost.

For Thinner: Techno-Commercially qualified lowest bidder (Exclusive of GST Taxes).

18.2 Composition category bidder : Since the firm is not allowed to charge GST, the evaluation of the bid for ranking L1

will be on the price quoted by the bidder.

18.3 Online ranking visible to the bidders after opening of Part-II Price Bid is without loading parameters. However, L1

bidder will be evaluated offline by all clarification and applying all applicable loading parameters as mentioned in the tender documents

18.4 In case of any discrepancy in the Blank Rate Schedule Format and actual On-Line Price Bid after opening of the

price bids, the details (GST and any other charges) mentioned in the On-Line Price Bids shall prevail over the details

in blank rate schedule format in normal case. However the negotiated commercial terms before price bid opening

will be considered for ranking and evaluation as per Para 16 above.

18.5 If the adjudged L1 bidder does not agree to reduce the price to make it competitive after including the taxes, duties &

levies, then the next ranked bidder(s) will be given the opportunity so that the procurement is competitive.

18.6 While L-1 bidder shall be decided based on above, MDL may endeavor that negotiated price of L1 bidder is also

competitive in Landed cost on cash outgo basis.

18.7 Techno-commercially qualified lowest bidder will be considered for further processing.

18.8 Among the equal bids, bidders with ISO 9000 series accreditation over non-ISO bidders, firstly Manufacturers then

their authorized dealers will be given preference.

18.9 In the above case adjudged L1 bidder has to reduce their basic rate to make the R/SVR ratio Competitive. No

increase in SVR will be allowed.

18.10 In case of the evaluated equal price bids the quantities will be shared in the ratio 50:50 for finalization of the

purchase order.

18.11 Note: On-line ranking visible to the bidders after opening part II price bid is without loading parameters. However

the L1 bidder will be evaluated offline by applying all applicable loading parameters and clarifications/clarifications

during techno-commercial scrutiny /TNC meeting as mentioned in the tender document

19 Freak Low Quotes: If the quoted L-1 rate is less than Cost Estimate / NLPP by more than 40% and difference between basic rates of L1 & L2 bidder is more than 30% then such quote is to be treated as freak low quote. In case

of freak low scenario, MDL reserves the right to place full/part order on the firm. However the firm will have to give

additional BG up to the value of difference between L1 & L2 prices, before release of PO, as an additional security.

Bank charges for this additional BG shall be borne by MDL and reimbursed against proof of payment.

20 Option Clause: MDL retains the right to place orders for additional quantities up to a maximum of 50% of the

originally contracted quantity at the same rate and terms of the contract. Such an option shall be available during the

original period of contract. Option quantity during extended Delivery period is limited to 50% of balance quantity

after original delivery period.

MDL reserves the right to accept any or all offers in part / full without assigning any reasons whatsoever. In case of

any dispute, our decision in this matter shall be final and legally binding on you. Further MDL also reserves the right

to consider placement of Order, in part or in full, against the tendered quantity.

21 Modifications to the Bids: Bidders desirous of submitting modified bids prior to the closing date & time may do so

by submitting revised bid online not later than the deadline for submission of bids. Please note that modified bids

shall be submitted through E-Procurement system only.

22 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 or send their complaints / grievances to him

in writing for redressal. His telephone No. is (022) 23762121 / (022) 23759793.

23 Acceptance of Terms & Conditions of Tender Enquiry, STAC(Enclosure-4) , & GT&C(Enclosure-5 : Bidder

shall abide by all Standard Terms and Conditions of the Tender, STACS, GT&C in the Part –I (Techno –

Commercial Bid). Deviation if any shall be clearly indicated in the offer.

23.1 The bidder shall submit the acceptance formats duly filled in respect of Standard Terms and Conditions of the

Tender, STACS, GT&C along with part – I bid. In the event, we do not receive acceptance formats duly filled for

TEF, STACS & GT & C, it shall be construed that all our tender terms & conditions are acceptable to you. Any


Page 10 of 27

deviation from MDL Tender Enquiry, GT&C & STACS should be specifically highlighted, failing which it will be

construed that the same are acceptable to the firm/bidder.

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

infringement of any patent rights on account of manufacture, sale or use of articles covered by the order. Bidders will

not be entitled to any increase in rate of taxes occurring during the period of extended delivery completion schedule

if there is delay in supplies / completion attributed to him. However if there is decrease in taxes, the same must be

passed on to MDL.

25 Risk Purchase & Order Cancellation: In case of delay beyond 02 weeks from the contractual delivery period,

MDL reserves the right to cancel the order and procure the ordered material from any available source at MDL’s

option and discretion and entirely at your risk and cost. Extra expenditure incurred by MDL in doing so will be

recovered from you. MDL also reserves the right to cancel the order at your risk and cost if the progress of work is

not considered satisfactory and it is felt that you are not likely to meet the contractual delivery date.

26 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. In case of improper on-line filling of Acceptance Formats for Tender

Enquiry Form (TEF), General Terms and Conditions (GT&C) & Standard Terms and Conditions (STACS), it shall

be presumed that all our tender terms & conditions are acceptable to bidder.

27 Bidders intending to witness the Tender opening shall log on to http://mdl.eproc.in using digital signatures for

witnessing the opening.

28 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.

29 Purchase Preference: Techno-commercially qualified Micro & Small Enterprises (MSE) manufacturer bidders will

be considered for supply of 20% of tender quantity in case L-1 bidder is other than MSE, provided that; the quoted

price of MSE bidders are in the bracket of L1 + 15% and MSE bidder agrees to match the rate with L1 rates. If MSE

is SC/ST then 4% out of 20% MSE reservation is applicable under the above criteria.

30 Training for submission of the Bid

30.1 Training programme is arranged in MDL Premises on every working Fridays in one session (1400 - 1600 hrs) for prospective / willing Bidders. For any further details of e-tendering & digital signatures, please contact, Mr. Akshay

Vichare 022- 2376 3251/3249.

30.2 In case of any clarifications, bidders are requested to contact the undersigned on Tel No 022 2376 3254/59, before

the closing date of the tender. Email address : amomin@mazgock,com

30.3 Bidders can also contact toll-free customer help line of e-procurement portal https://eprocuremdl.nic.in User guide

is available on the home page of the above-referred web site. In addition It has 24x7 Customer Help Desk, Toll free

number +91 120 4200462

30.4 In case bidders are unable to submit their offer against this tender, we would appreciate a regret letter citing reasons

for not quoting.

31 In case bidders are unable to submit their offer against this tender, we would appreciate a regret letter citing reasons

for not quoting.

32 Deputation of Personnel and Official Secret Act: MDL being a Defence Organisation, you must ensure that any of

your personnel deployed in connection with the contract /entrusted work will not indulge in any activities other than

the duties assigned to him. The relevant provisions of Official secret act shall also apply.

33 MDL reserve the right to terminate this rate contract at any time during its tenure without giving any notice and

without assigning any reason whatsoever.

34 E-Procurement helpline and Training:

34.1 In case of any clarifications, bidders are requested to contact the undersigned, before the closing date of the

tender. Bidders can also contact toll-free customer help line of e-procurement portal http://eprocuremdl.nic.in

User guide is available on the home page of the above-referred web site. In addition it has 24x7 Customer Help Desk no. +91 120 4200462. Bidders intending to witness the Tender opening shall log on to http://eprocuremdl.nic.in

using digital signatures for witnessing the opening

35 Contact Person For Clarification:

35.1 In case of any clarifications, bidders are requested to contact the undersigned, before the closing date of the tender.

352 Training programme is arranged in MDL Premises on every working Fridays in two sessions (1000 – 1200 hrs

and 1400 - 1600 hrs) for prospective/willing Bidders. Interested vendors may forward their request for training to the

following executive.

36 We look forward to receive your most competitive and reasonable offer against this tender.

Yours faithfully,

For MAZAGON DOCK SHIPBUILDERS LIMITED,

A Momin

Manager (C-MP)

Material - Purchase

Enclosure - 1 - Illustration for Loading Criteria

Enclosure - 2 - Replica of Technical Parameter Sheet (Part-I)

Enclosure - 3 - Instruction for bidder for uploading bid.


Page 11 of 27

Enclosure - 4 - Replica of Rate Sheet-BOQ (Part-II)

Enclosure – 5 - Standard Terms & Conditions (STACS)

Enclosure – 6 - General Terms & Conditions (GT&C)

Enclosure – 7 - Security Deposit Format

The following are uploaded on e-procurement portal:

TEF Acceptance form

GT & C Acceptance form

STACS Acceptance form

UNPRISE FORMAT

Technical Parameter Sheet. As per enclosure-2

Price Bid Rate Sheet.

The following reference documents and formats are available on MDL website (www.mazagondock.in) under

heading ’Tender’ – Shipbuilding – Material Purchase.

Standard Terms And Conditions (STACS).

General Terms & Conditions (GT & C).

Statutory requirements, Official Secret Act 1923 & Safety clause.

Proforma Bank Guarantee for EMD / SD / PBG.

RTGS / NEFT Format.


Page 12 of 27

Enclosure-1

ILLUSTRATION OF LOADING CRITERIA

A.

Sr.No

. Description

Foreign Vendor

100% import

content

Indigenous

vendor with part

import content

Indigenous vendor

without import

content

1. Basic Price Quoted a) FOB

b) CIF

a) Ex-works

b) Delivered to

MDL Stores

a) Ex-works

b) Delivered to

MDL Stores

2. Add : Insurance Charges In case of 1(a) In case of 1(a) In case of 1(a)

3. Add Sea / Air Freight charges / Inland

Road Transport

In case of 1(a) In case of 1(a) In case of 1(a)

4. Customs Clearance / Port Handling /

Transportation to Yard

In either case i.e.

FOB or CIF

Nil Nil

5. Cost (ex-MDL) excluding taxes & duties

without loading towards any deviation.

Sr. Nos.

(1+2+3+4) if FOB

price quoted OR

CIF price + Sr.

No. 4

Sr. Nos.

(1+2+3)

Sr. Nos.

(1+2+3)

B. Financial Loadings:

6. Variation in payment terms

7. Income tax & Service tax on Technical

Services / Service Engineers liability to

MDL.

8. Production Norms such as Scrap %, output - input ratio

9. Base date for price variation clause


after loading for variation in financial

term.

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

C. Loading on Account of deviations in following commercial terms:

11. Security deposit / Contract performance

guarantee

12. Equipment performance guarantee

13. Additional delivery period sought over

stipulated period as per tender

14. Additional time sought for supplying

binding data

15. Liquidated damages per week rate /

maximum ceiling

16. Warranty / Guarantee


after loading for variation in financial and

commercial term.

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

D. Landed cost:

18. Taxes and Duties

19. Landed Cost Sr. Nos. 17+18


Page 13 of 27

Enclosure-2

TECHNICAL PARAMETER SHEET. (TO BE FILLED ONLINE ONLY)- PART-I BID

Sr

No

Description & Specifications of Paints Solid

volume

Ratio

Range

Practical

covering

capacity

within

10% as

wastage

(± 2)

DFT in

Micron

(±3%)

Solid

Volum

e Ratio

(±3%)

Specific

Gravity

(± 3)

Viscocity

@30Deg

C

(±10Sec)

Shelf life

from the

date of

Delivery

(Months)

1 PRIMER, EPOXY RED OXIDE, NCD1435,

(Material Code 19102042)

35-44

2 THINNER, COMPATIBLE FOR PRIMER -

EPOXY RED OXIDE, NCD 1435 (19104041)

NA


Page 14 of 27

ENCLOSURE – 3

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

NIC,

Contact Person: Mr. Akshay Vichare, Tel: 022- 2376 3251

E-mail: [email protected]

Office Ph. No.: 0120-4200462, 0120-4001002,

Ph. No.: 09090151611, 022-23763251

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

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

(ii) “Digital Signature Certificate” class II B (DSC) is a must for downloading the tender and

uploading the techno commercial offer from our website http://eprocuremdl.nic.in.

(iii) “Digital Signature Certificate” class III B (DSC) can be obtained from our service provider n-

code solutions or from any agency like (a) MTNL (b) TCS (c) SIFY.

•••• To ensure availability of above prerequisite is bidders responsibility

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

procurement.

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

copy outside e-procurement.

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

procurement so that it remains secured encrypted unreadable in the system.

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

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

price bid shall be that of the bidder. (vi) No request / complaint shall be entertained after the due date/time of the tender.

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

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

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

hours in advance to the tender closing time & date. However, it will not be considered as reason for extension of due date of the tender.

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

advance to the tender closing date / time with proper reasoning. The request shall be put up to

the competent authority for consideration on the merit of the case. MDL reserves all rights in

this regard & decision of MDL shall be binding to the applicant.

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.


Page 15 of 27

•••• Bidders to participate in on-line bidding

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

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

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

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

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

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

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

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

date shall be considered.


Page 16 of 27

Enclosure- 4

Format of Rate Sheet (BOQ)

This format is for reference only. Supplier must be filled BOQ online only in part II.

Other than online BOQ is not accepted.

Bidder Name :

PRICE SCHEDULE

(This BOQ template must not be modified/replaced by the bidder and the same should be uploaded after

filling the relevant columns, else the bidder is liable to be rejected for this tender. Bidders are allowed to enter

the Bidder Name and Values only )

NU

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PRIMER -

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1435

1800 LTR

INR


Page 17 of 27

ENCLOSURE - 5

STANDARD TERMS AND CONDITIONS (STACS)

(For Purchase of Items)

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

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

102. The word 'Bidder / Supplier / Contractor' means the person / firm / Company who

undertakes to manufacture and/or supply and/or undertake work of any nature assigned by the Purchaser from time to time and includes its successors or assignees.

103. The word 'Owner' means the person or authority with whom Mazagon Dock Limited (Purchaser) has contracted to carry out work in relation to which orders are placed by the Purchaser on the Bidder / Supplier / Contractor under this contract for supply or manufacture

of certain items and would include Department of Defence Production, Ministry of Defence,

Government of India, the Indian Navy, the Coast Guard and any other specified authority.

120. GENERAL

121. UNLESS OTHERWISE INDICATED SPECIFICALLY BY THE BIDDER / CONTRACTOR IN HIS BID,

IT SHALL BE CONSTRUED AS HIS ACCEPTANCE OF ALL THE CONDITIONS MENTIONED IN THIS STACS.

200. COMMUNICATION & LANGUAGE FOR DOCUMENTATION

201. Any letter, facsimile message, e-mail intimation or notice sent to the Bidder / Supplier / Contractor at the last known address mentioned in the offer / order shall be deemed to be valid communication for the purpose of the order/contract. Unless stated otherwise by the

purchaser, Language for communication & all documentation shall be same, which the

Purchaser has used, in the tender enquiry.

210. PURCHASER’S PROPERTY

211. All property (such as materials, drawings, documents etc) issued by the Purchaser or any other

individual or firm on behalf of the Purchaser in connection with the contract shall remain confidential, being the property of the Purchaser and the Bidder/Supplier/Contractor shall

undertake to return all such property so issued and will be responsible for any or all loss thereof and damage thereto resulting from whatever causes and shall reimburse the Purchaser

the full amount of loss and damage.

212. On completion of work in any compartment / location of the purchaser’s premises, the Bidder/Supplier/Contractor must ensure that the place is left in a reasonably clean state and all scrap is transferred to nearby scrap-bins.

220. RISK PURCHASE

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

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

the Purchaser shall be at liberty, without prejudice to the right of the Purchaser to recover

Liquidated Damages / penalty as provided for in these conditions or to any other remedy for breach of contract, to terminate the contract either wholly or to the extent of such default.

Amounts advanced or part thereof corresponding to the undelivered supply shall be

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

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

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

event of the contract being terminated, the balance of the articles of the remaining to be delivered there under. Any excess over the purchase price, cost of manufacture or value of any

articles supplied from the stock, as the case may be, over the contract price shall be recoverable from the Bidder / Supplier / Contractor.


Page 18 of 27

230. RECOVERY-ADJUSTMENT PROVISIONS

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

the extent agreed upon in writing by the Purchaser. During the currency of the contract, if any sum of money is payable by the Bidder / Supplier / Contractor the same shall be deducted from any sum then due or thereafter may become due to the Bidder / Supplier / Contractor under the

contract or any other contract with the Purchaser.

240. ADDITIONAL BANK GUARANTEE

241. In case after opening of price bid of technically cleared firms, it is noted that L-1 firm has quoted

very low rates and indicates to withdraw from the tender then EMD shall be forfeited and firm may be given tender holiday including intimation to other PSUs. If the rates quoted are less than

MDL estimates by 40% or so and if the difference in rate between L1 and L2 is 30% or more

then the firm will have to give additional BG of 20% of the PO value as additional security. Bank charges for this additional BG shall be borne by MDL and reimbursed against proof of payment.

250. INDEMNIFICATION

251. The Bidder / Supplier / Contractor, his employees, licencees, agents or Sub-Supplier / Subcontractor, while on site of the Purchaser for the purpose of this contract, indemnifies the Purchaser against direct damage and/or injury to the property and/or the person of the

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

to the extent caused by the negligence of the Bidder / Supplier / Contractor, his employees, licensees, agents or Sub-contractor by making good such damages to the property, or compensating personal injury and the total liability for such damages or injury shall be as

mutually discussed and agreed to.

260. TRANSFER OF SUPPLIERS / CONTRACTOR’S RIGHTS

261. The Bidder / Supplier / Contractor shall not either wholly or partly sell, transfer, assign or

otherwise dispose of the rights, liabilities and obligations under the contract between him and

the Purchaser without prior consent of the Purchaser in writing.

270. SUBCONTRACT & RIGHT OF PURCHASER

271. The Bidder / Supplier / Contractor under no circumstances undertake or subcontract any work

/ contract from or to any other Sub-contractor without prior written approval of the Competent Authority of Purchaser. In the event it is found that such practice has been indulged in, the

contract is liable to be terminated without notice and the Bidder / Supplier / Contractor is debarred all from future tender enquiries / work orders. However in no circumstances a

contractor is permitted to subcontract any part of the contract to the bidders who had quoted for the concerned tender.

280. PATENT RIGHTS

281. The Bidder / Supplier / Contractor shall hold harmless and keep the Purchaser indemnified

against all claims arising as a result of infringement of any patent / copy rights on account of

manufacture, sale or use of articles covered by the order.

290. AGENTS/AGENCY COMMISSION

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

authorized distributor/stockiest of original manufacturer of the stores referred to in this

contract and has not engaged any individual or firm, whether Indian or foreign whatsoever, to 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.


Page 19 of 27

The seller will also be debarred from participation in any RFQ/Tender for new

projects/program with Buyer for a minimum period of five years.

The buyer will also have a right to consider cancellation of the Contract either wholly or in part, without any entitlement or compensation to the Seller who shall in such event be liable to

refund all payments made by the buyer in terms of the Contract along with interest at the rate of

2% per annum above LIBOR (London Inter Bank Offer Rate) (for foreign vendors) and base rate of SBI plus 2% (for Indian Vendors).

The Buyer will also have the right to recover any such amount from any contracts concluded earlier with Buyer.

300. USE OF UNDUE INFLUENCE / CORRUPT PRACTICES: 301. The Bidder / Supplier / Contractor undertakes that he has not given, offered or promised to

give, directly or indirectly any gift, consideration, reward, commission, fees, brokerage or

inducement to any person in service of the Purchaser or otherwise in procuring the contract or

forbearing to do or for having done or forborne to do any act in relation to the obtaining or execution of the Contract with the Purchaser for showing or forbearing to show favour or disfavor to any person in relation to the Contract or any other Contract with the Purchaser. Any

breach of the aforesaid undertaking by the Bidder / Supplier / Contractor or any one employed

by him or acting on his behalf (whether with or without the knowledge of the Bidder / Supplier / Contractor) or the commission of any offence by the Bidder / Supplier / Contractor or any one employed by him or acting on his behalf, as defined in Chapter IX of the Indian Penal Code, 1980

or the Prevention of Corruption Act, 1947 or any other Act enacted for the prevention of

corruption shall entitle the Purchaser to cancel the contract and all or any other contracts with the Bidder / Contractor / Supplier and recover from the Bidder / Supplier / Contractor the amount of any loss arising from such cancellation. Decision of the Purchaser or his nominee to

the effect that a breach of the undertaking has been committed shall be final and binding on the

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

employment of Purchaser any gift or consideration of any kind as "Inducement" or "reward" for

doing or forbearing to do or for having done or forborne to do any act in relation to the obtaining or execution of the contract/s. Any breach of the aforesaid condition by the Bidder /

Supplier / Contractor or any one employed by them or acting on their behalf (whether with or without the knowledge of the Bidder / Supplier / Contractor) or the commission of any offence

by the Bidder / Supplier / Contractor or by any one employed by them or acting on their behalf which shall be punishable under the Indian Penal Code 1980 and/or the Prevention of

Corruption by Public Servants, shall entitle Purchaser to cancel the contract/s and all or any other contracts and then to recover from the Bidder / Supplier / Contractor the amounts of any loss arising from such contracts' cancellation, including but not limited to imposition of penal

damages, forfeiture of Security Deposit, encashment of the Bank Guarantee and refund of the

amounts paid by the Purchaser.

303. In case, it is found to the satisfaction of the Purchaser that the Bidder / Supplier / Contractor

has engaged an Agent or paid commission or influenced any person to obtain the contract as

described in clauses relating to Agents / Agency Commission and use of undue Influence, the

Bidder / Supplier / Contractor, on a specific request of the Purchaser shall provide necessary information / inspection of the relevant financial document / information.

310. IMMUNITY OF GOVERNMENT OF INDIA CLAUSE

311. It is expressly understood and agreed by and between M/s. (Bidder / Supplier / Contractor) and Mazagon Dock Limited, Dockyard Road, Mumbai - 400 010 (MDL) is entering into this Agreement solely on its own behalf and not on the behalf of any person or entity. In particular, it

is expressly understood and agreed that the Government of India is not a party to this Agreement and has no liabilities, obligations or rights hereunder. It is expressly understood and

agreed that MDL is an independent legal entity with power and authority to enter into contracts solely in its own behalf under the applicable of Laws of India and general principles of Contract

Law. The (Bidder / Supplier / Contractor) expressly agrees, acknowledges and understands that MDL is not an agent, representative or delegate of the Government of India. It is further


Page 20 of 27

understood and agreed that the Government of India is not and shall not be liable for any acts,

omissions and commissions, breaches or other wrongs arising out of the contract. Accordingly,

(Bidder / Supplier / Contractor) hereby expressly waives, releases and foregoes any and all actions or claims, including cross claims, impleader claims or counter claims against the Government of India arising out of this contract and covenants not to sue Government of India

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

320. EXPORT LICENCE

321. The export licenses that may be required for delivery of the various items/equipment to MDL

shall be arranged by the Bidder / Supplier / Contractor from the concerned authorities in their country without any time & cost implications on the Purchaser.

330. BANNED OR DE-LISTED CONTRACTORS / SUPPLIERS

331. The Bidder / Supplier / Contractor declares that they being Proprietors / Directors / Partners have not been any time individually or collectively blacklisted or banned or delisted by any

Government or quasi Government agencies or PSUs. If a bidder’s entities as stated above have

been blacklisted or banned or de-listed by any Government or quasi Government agencies or PSUs, this fact must be clearly stated and it may not necessarily be a cause for disqualifying him.

340. DUTY OF PERSONNEL OF SUPPLIER/SUPPLIER

341. MDL being a Defence Public Sector Undertaking, Bidder / Supplier / Contractor undertakes that their personnel deployed in connection with the entrusted work will not indulge in any activities other than the duties assigned to them.

350. DISPUTE RESOLUTION MECHANISM AND ARBITRATION

351. DISPUTE RESOLUTION MECHANISM (DRM)

i) Any dispute/differences between the parties arising out of and in connection with the

contract shall be settled amicably by mutual negotiations.

ii) In case of non-settlement by (i) above, if at any time, before, during or after the contract period any unsettled claim, dispute or difference arose between the parties, upon or in relation to or in connection with or in any way touching or concerning this

tender/agreement/order/contract, the same shall be referred to the concerned Functional

Director. The Functional Director shall then nominate an Executive of the rank of General Manager whom

he thinks fit and competent or a Committee of Executives who/which shall then scrutinise the claims/disputes that have been referred to the concerned functional Director and make efforts

for amicable settlements by mutual discussions/negotiations. 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.


Page 21 of 27

360. JURISDICTION OF COURTS

361. All contracts shall be deemed to have been wholly made in Mumbai and all claims there under

are payable in Mumbai City and it is the distinct condition of the order that no suit or action for the purpose of enforcing any claim in respect of the order shall be instituted in any Court other than that situated in Mumbai City, Maharashtra State, India i.e. courts in Mumbai shall alone

have jurisdiction to decide upon any dispute arising out of or in respect of the contract.

370. INDIGENIZATION (ONLY FOR P15B & P17A PROJECTS)

371. Bidders while participating shall provide details on list of items being imported, proposed

Indigenization content, Model & Plan towards indigenization in their techno-commercial offer. The proposed indigenization plan shall be formulated in such a manner that there is a

progressive increase towards indigenization as well as items indigenised across the shipsets as

follow:

Ship Set 1st 2nd 3rd 4th 5th 6th 7th

Indigenization %

Proposed item being indigenized (List here)

372. REJECTION OF OFFER:

Bidders not agreeing to accept Indigenization clause, Purchase preference and/or Price preference clause and submission of INDBG shall be categorically rejected. Bidders with more

than 50% FE content (Indian firm) & less than 30% INR content (Foreign firms) are liable for

rejection. 373. PREFERENCIAL TREATMENT:

PURCHASE PREFERENCE:

i. Tenders where all bids are from Indian supplier: Purchase Preference shall be extended to bidders where the difference in FE content of L1 & L2

is more than 10% of FE content of L1 firm and the difference in overall quote of L1 & L2 is less

than 10% of the L1 firm. ii. Tenders where all bids are from Foreign supplier: Purchase Preference shall be extended to bidders where the difference in INR content of L1 &

L2 is more than 10% of INR content of L1 firm and the difference in overall quote of L1 & L2 is

less than 10% of the L1 firm. iii. Tenders where all bids are from both Indian & Foreign supplier:

Purchase Preference shall be extended to Indian bidders where the difference in overall quote of L1 & L2 is less than 10% of the L1 firm. L1 firm being a foreign firm.

PRICE PREFERNCE:

MDL reserves the right to go for even “Price Preference” in case, level of Indigenization is considerably high by a firm which is otherwise not L1.

374. INDIGENIZATION BANK GUARNATEE (INDBG):

Supplier who enjoys the advantage of Indigenization clause with Purchase / Price preference

shall submit Bank Guarantee as per GT&C Clause No. A 210.


Page 22 of 27

ENCLOSURE - 6

GENERAL TERMS & CONDITIONS (GT&C) FOR ITEMS & SERVICES

A10. Blank

A20. SECURITY DEPOSIT

A21. The successful bidder shall submit a Security Deposit @ 5% of the value of the Order in the form

of Demand Draft / Bank Guarantee in the prescribed format in favour of Purchaser within 15 days from date of LOI / Order / Contract. The Security Deposit will be returned only after the

successful execution of the order / contract. Refund of Security Deposit whenever considered

admissible by the Purchaser, shall be without interest only.

A30. FORFEITURE OF EMD / BID BOND

A31. In cases of withdrawal of bid during validity period or during any extension granted thereof,

non-acceptance of agreed conditions of Technical and or Commercial and or Price Negotiations, non-submission of the security deposit and / or non-acceptance of the order the EMD or bid security will be forfeited or encashed as the case may be.

A40. FORFEITURE OF SECURITY DEPOSIT

A41. Non-performance of agreed terms and or default / breach by Bidder / Vendor / Contractor will result in forfeiture of security deposit with application of risk purchase provisions as felt

appropriate by the Purchaser.

A50. FORFEITURE OF PERFORMANCE GUARANTEE

A51. In the event of Bidder / Vendor / Contractor failure to attend the Guarantee defects within a

reasonable period of time, the Performance Bank Guarantee will be encashed by the Purchaser.

The Purchaser’s decision shall be final and binding on Bidder / Vendor / Contractor in this regard.

A60. SUPPLIES

A61. The equipment / products / items / Services to be supplied shall be strictly in accordance with the Drawings / Specifications / Requirements indicated in the Tender Enquiry / Order with

deviations, if any, as mutually accepted.

A70. PROGRESS REPORTING & MONITORING

A71. Where so stipulated in the order, the Bidder / Vendor / Contractor shall render such reports

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

A80. CANCELLATION OF ORDER

A81. The Purchaser reserves the right to cancel an order forthwith without any financial implications

on either side, if on completion of 50% of the scheduled delivery / Completion period the progress of manufacture / Supply is not to the satisfaction of Purchaser and failure on the part

of the Bidder / Vendor / Contractor to comply with the delivery schedule is inevitable. In such

an event the Bidder / Vendor / Contractor shall repay all the advances together with interest at

prevailing bank rates from the date of receipt of such advances till date of repayment. The title of any property delivered to Purchaser will be reverted to the Bidder / Vendor / Contractor at

his cost.

A82. In case of breach / non-compliance of any of the agreed terms & conditions of order / contract.

MDL reserves the right to recover consequential damages from the vendor / contractor on account of such premature termination of contract.

A83. In case of delay beyond agreed period for liquidated damages or 10weeks from contractual delivery period whichever is earlier, MDL reserves the right to cancel the order and procure the

order items / services from any available source at MDL’s option & discretion and entirely at your risk and cost. Extra expenditure incurred by MDL in doing will be recoverable from you.

A90. PRESERVATION AND MAINTENANCE


Page 23 of 27

A91. Should any material require any l preservation till its final installation / fitment, the detailed

procedure (Long term & short term) for the same as also the time of interval after which the

state of preservation needs to be reviewed is to be stated by the Bidder / Vendor / Contractor. A92. Further the de-preservation prior to the material / equipment being commissioned and the

maintenance procedure together with its periodicity is also to be indicated by the Bidder /

Vendor / Contractor.

A93. The Bidder / Vendor / Contractor in their offer must confirm that indigenous oil, lubricants and

preservatives, etc. can be used in the equipment. The bidder must also give assurance that the equipment performance will not be downgraded by use of indigenous equivalents.

A100. FREIGHT & INSURANCE:

A101. For Indigenous Bidders: In cases where the offers are for 'Door Delivery to Purchaser', transit

freight & Insurance charges shall be borne by the Bidder / Vendor / Contractor. In other agreed

cases of Ex-works / Ex-Transporter's warehouse or Railway godown offers, the Bidder / Vendor / Contractor on dispatch, shall give details of materials with dispatch particulars and their value in time to Purchaser's Insurance Company on the contact details as provided in the order. In

such agreed cases, the freight & insurance charges will be paid by the purchaser directly to the

parties concerned.

A102. For Foreign Bidders: For overseas supplies on CIF basis. Freight & Insurance up to port of

destination (Sea/Air) shall be arranged by the Supplier/Contractor. The Bidder / Supplier /

Contractor shall immediately on despatch of the items, inform all relevant details of despatch such as Order Number, Bill of Lading/AWB Number marked as Freight Paid, Insurance policy/document, number of packages, value of consignment, invoice number directly to

Purchaser's insurance Company & Purchaser in time. In case of delivery term other than

CIF/CIP, the freight & insurance charges will be paid by the purchaser directly to the parties concerned.

A110. TAXES & DUTIES / STATUTORY LEVIES ( Refer clause no : 13 of tender )

A111. Taxes and duties applicable, if any, shall be regularized by MDL by issuing necessary exemption certificates in respect of procurement for Defence Projects. Bidder shall indicate separately the

taxes and duties applicable in their offer. When the items qualify for exemption partly/fully but the supplier did not avail of the same, the amount of taxes and duties on such supplies shall be

to supplier’s account. In cases where exemption certificates are not issued for any reason, taxes shall be paid as indicated in the Purchase Order/Contract. Tax deduction at source will be

effected wherever applicable (e.g. TDS under Income tax Act, TDS on Works Contract under MVAT Act etc.) from the bills of the Supplier as per statutes. Octroi duty exemption certificate issued by Customer’s representative will be provided on Supplier’s written intimation with

relevant details regarding readiness of items for dispatch. Where payment of Octroi duty is

agreed to and stipulated in the Purchase Order / Contract, the same will be reimbursed by

Purchaser at actual after receipt of Supplier’s bills along with 'Original Octroi paid money receipt' and copy of Form ‘B’. Octroi receipts are to be drawn/issued in the name of ‘Mazagon

Dock Limited’ only. Similarly where payment of Custom duty is agreed to and stipulated in the

Purchase Order / Contract, the same will be paid by the Purchaser on receipt of supplier’s bills

along with Custom Certified Duty Paid Challan-Money Receipt in original or carbon copy as relevant. These Challans/ Receipts, Bill of Entry are to be drawn/ issued in the name of

‘Mazagon Dock Limited’ only. Where payment of GST is agreed to and stipulated in the Purchase

Order / Contract, the same will be paid by the Purchaser. on the basis of Suppliers' TAX

INVOICE wherein the GST TIN Number and declaration in accordance with the provisions of GST Tax Act, 2017 along with HSN number, is indicated in the Invoice and where payment of Central Sales Tax (CST) is agreed to, the Supplier will be paid CST on the basis of the Invoice

indicating particulars of his CST Registration Number and such Invoice should also indicate the VAT TIN Number and CST Number of the Purchaser. Where Central Excise Duty is agreed to be

paid by the Purchaser in the Purchase Order/Contract, the Suppliers will be paid Excise Duty claimed in the Invoice on the basis of Central Excise Invoice issued as per Rule 11 indicating the

ECC/Excise Registration number to be enclosed along with Commercial Invoice/Tax Invoice. In the case of payment of Service Tax agreed to as per purchase order/contract, the same will be


Page 24 of 27

paid on the basis of Tax Invoice indicating the Service Tax Registration number and the category

of service for which the contractor/Vendor is registered with the Service Tax Department. A

copy of the Service Tax Registration certification will be submitted by the contractor/Vendor as a onetime requirement in support of the Registration number indicated in the Invoices. Based on requirement, the Vendor/contractor may be called upon to produce evidence of validity of

the Service Tax Registration at any point of time during the currency of the contract.

A112. Stamp Duty (Applicable only for the Work Contracts): It shall be incumbent on the successful

tenderer to pay Stamp duty on the contract. As per the provision made in article 63, Schedule-I,

read with section 30, of the Maharashtra Stamp Act (Bombay Act LX of 1958), Stamp duty is payable by the successful tenderer for “works contract” that is to say, a contract for works and

labour or services involving transfer of property in goods (whether as goods or in some other

form) in its executions and includes a sub-contract, as under:

Contract Value Stamp Duty

Where the amount or value said

forth in work contract does not exceed

Rs. 10 Lakhs.

Rs. 500.00

Where it exceeds rupees 10 Lakhs Rs. 500.00 +1% of the amount above ten lakhs subject to

A120. DEMURRAGE

A121. Storage and Demurrage charges will be payable by the Bidder / Vendor / Contractor for all shipments that reach purchaser without proper despatch documentations, Lorry Receipts not

accompanied by packing lists, invoices etc. The Supplier shall be responsible for fines due to

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

A130. INSPECTION, TESTING

A131. The ordered items will be inspected either by Classification Society / Nominated Agency and or by Inspection Officer nominated by Purchaser at stages defined in the tender / Purchase Order

or as agreed to be defined subsequently in terms of the Purchase Order.

A132. The decision of the Inspecting Authority or their representatives, as the case may be, on any

question of the intent, meaning and the scope of Specifications / Standards shall be final, conclusive and binding on the Bidder/ Vendor / Contractor.

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


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A161. The Bidder / Vendor / Contractor shall unconditionally and free of cost to the Purchaser

transfer information on technological developments / innovations / modifications which the

Bidder / Vendor / Contractor would evolve in future (within 3 years) in relation to the supplied equipment. To enable this, the Purchaser's address shall be added to the Bidder / Vendor / Contractor's mailing list or database or any other document maintained for dissemination of

product information and the Purchaser shall be informed of the action taken in this regard. If

such improvements / modifications are brought in by the Bidder / Vendor / Contractor’s Design Department in the course of manufacture of equipment ordered by the Purchaser, the Bidder / Vendor / Contractor shall incorporate such improved versions in the equipment without any

extra cost to the Purchaser under Purchaser’s prior consent.

A162. If the Purchaser be desirous of getting incorporated all post supply modifications /

improvements arising out of technological developments to the original equipment supplied by the Bidder / Vendor / Contractor, the Bidder / Vendor / Contractor, shall quote for and carry out all such modifications to the equipment.

A163. Where the whole or a portion of the equipment has been specifically developed by the Bidder / Vendor / Contractor for the Owner and the latter would through the Purchaser be bearing the entire or part of the development cost incurred by the Bidder / Vendor / Contractor, the design

rights for the whole or portion thereof, of the equipment as appropriate, shall vest in the

Owners.

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

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

Vendor / Contractor shall pay to the Owner royalty at the rate mutually agreed to. A165. The Sub-contractor / Supplier / Vendor shall continue to support the equipment for a minimum

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

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

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

A170. PURCHASER’S RIGHT TO ACCEPT ANY BID, PART OF BID AND TO REJECT ANY OR ALL

BIDS

A171. The Purchaser reserves the right to accept and or reject any or all tenders and or to withdraw

the tender in toto and or award the contract / order in full or part to more than one vendor / contractor without assigning any reason whatsoever and without thereby incurring any liability

to the affected Bidder or Bidders or any obligations to inform the affected Bidder or Bidders of the grounds for MDL action.

A180. BANK GUARANTEE FOR FREE ISSUE MATERIAL

A181. The Bidder / Vendor / Contractor shall furnish Bank Guarantee equivalent to the value of

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

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

statement whichever is later.

A190. BIDDER’S RESPONSE IN CASE OF NO PARTICIPATION

A191. The Sub-contractor / Supplier / Vendor shall inform the Purchaser in advance in case he is

unable to participate in the tender for whatsoever reason. Failure to comply with this will be viewed seriously and consecutive three failures on the part of Sub-contractor / Supplier /

Vendor to do so is liable for disqualification / debarring of the Sub-contractor / Supplier /

Vendor from all future tender enquiries and or delisting from the list of 'Approved Registered

Vendors.

A200. FACILITY PROVISION (Applicable only for Services)

A201. The Purchaser would consider providing facilities like - compressed air at one point, cranage facility for handling heavy loads for lowering onto the ship and water intended for use by the

Contractor / Bidder for execution of contract for working within the Purchaser’s premises at no extra cost to the Contractor / Bidder. Industrial gases, electrical power, office space / RU store

facility may be provided at one point only if possible and available and on chargeable basis if so desired by the Contractor / Bidder. The contractor / Bidder shall make his own arrangements


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for fixing necessary fittings, wires, welding machines, transformer, etc for power, connecting

lines, storage etc for water and necessary fittings, pipes, breaker, hoses etc for compressed air.

A210. INDIGENIZATION BANK GUARANTEE (INDBG) (ONLY FOR P15B & P17A PROJECTS)

A211. The successful bidder shall submit a INDBG @ 1% of the value of the Order (excluding taxes &

duties) in the form of Demand Draft / SWIFT/ Bank Guarantee in the prescribed format in

favour of Purchaser within 25 days from date of Order / Contract. Delay in submission of INDBG will entail interest rate & will be deducted as per the prevailing rate declared by HOD(F)’s Circular (for foreign supplier it will be EUROBOR/LIBOR plus 2% & for Indian suppliers, it will

be SLR plus 2%). The INDBG shall be valid upto Guarantee Period plus 4 weeks. The INDBG will be returned only after the successful completion of Indigenization & guarantee period of

equipment. Refund of INDBG whenever considered admissible by the Purchaser, shall be

without interest only. A212. In case Price Preference is considered, the INDBG shall be for the value equivalent to the

difference between quoted value of L1 & negotiated value of L2 (excluding taxes & duties).

A220. FORFEITURE OF INDIGENIZATION BANK GUARANTEE (INDBG) (ONLY FOR P15B & P17A

PROJECTS)

A221. Non-performance of agreed terms and or default/breach by Bidder/Supplier/Contractor will

result in forfeiture of INDBG with application of risk purchase provisions as felt appropriate by the Purchaser.

A230. PREFERENCETIAL PURCHASE FROM MSE VENDORS

MDL has right to place order on MSE firm meeting following criteria: In tenders, if participating MSEs quoted prices are within price band of L1+15%, such MSEs shall also be allowed to supply a portion up to 20% of requirement by bringing down their

prices to L1 price where L1 is non MSEs. If more than 1 MSEs fall under such criteria then this

20% shall be distributed proportionally. This preference shall not be applicable where MSE firm is L1 firm. % out of 20 percent target of Biannual procurement from Micro and Small Enterprises, a sub-target of 20 percent (i.e 4 percent out of 20 percent) shall be earmarked for

procurement from Micro and Small Enterprises owned by the Scheduled Caste or the Scheduled

Tribe Entrepreneurs. In respect of items reserved for MSE, extant guidelines shall be followed. Presently Circular No. S.O. 581(E) dated 23.03.2012 is applicable.


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Enclosure-7

PROFORMA BANK GUARANTEE FOR SECURITY DEPOSIT

THIS DEED OF GUARANTEE made at Mumbai ____________ day of month _________of (the year) by the Bank of

(Bank’s name and address) (hereinafter called the ‘SURETY’ which expression shall include its heirs, successors,

administrators and assigns) of the ONE PART in favour of Messers MAZAGON DOCK LIMITED, Dockyard Road,

Mazagon, Mumbai – 400 010, a Company registered under the Indian Companies Act, 1913 (hereinafter called the

‘PURCHASER’ which term shall include its heirs, successors, administrators and assigns) of the OTHER PART.

WHEREAS M/s (Firm’s name) registered under ___________ having its Registered Office (Firm’s address) (hereinafter

called the ‘CONTRACTOR’ which expression shall include its heirs, successors, administrators and assigns) have

accepted an Order / entered into a Contract vide Ref. No. ______________ dated __________(hereinafter called the said

Order / Contract) with 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 /Contract as per the terms and conditions provided in the Order /

Contract.

AND WHEREAS under the said Order / Contract the Contractor is required to furnish a Bank Guarantee for (currency /

amount) (In words) being five percent of the Order / Contract price of (currency / amount) as specified in the said Order /

Contract for the execution of the said Order / Contract as per Order / Contract terms.

NOW THIS DEED WITNESSES AS FOLLOWS WITHOUT ANY DEMUR:

In pursuance of the terms and conditions of the said Order / Contract and on the request of the Contractor, we the Surety

do hereby undertake to pay to the Purchaser on demand without any demur the sum of (currency/amount) (in words)

being five percent of the Order / Contract price in the event of the Contractor failing to fulfill any of the terms and

conditions of the said Order / Contract.

We, the Surety, do hereby irrevocably and unconditionally agree that the Purchaser shall be the sole judge to decide

whether the Contractor has committed a breach of any of the terms or conditions of the said Order / Contract and that the

decision of the Purchaser will be final and binding on the Surety. The Purchaser and the Contractor shall be at a liberty to

carry out any modifications in the said Order / Contract during the currency of the said Order / Contract and any

extensions thereof and any such modifications will be duly intimated to the Surety. Any accounts settled between the

Contractor and the Purchaser shall be conclusive evidence against the Surety of the amount due and shall not be

questioned by the Surety.

We, the Surety, further agree that the guarantee herein contained shall remain in full force and effect for a period that

would be taken for completion of the Order / Contract, by the Contractor under the said Order / Contract and that the

guarantee shall continue to be enforceable till all the obligations under or arising by virtue of the said Order / Contract have been fully discharged by the Contractor till the Purchaser certifies in writing that the terms and conditions of the

said Order / Contract have been fully and properly carried out by the said Contractor, We, the Surety, further undertake

not to revoke this guarantee during the currency of the same except with the previous consent of the Purchaser in writing.

We, the Surety, further agree that liabilities and obligations of the Surety arising under or by virtue of this bond shall not

be discharged by any variation of the terms or conditions of the said Contractor by any grant of time given or any

indulgence shown by the Purchaser to the Contractor. It is agreed that the liabilities under this guarantee shall not exceed

(currency /amount) (In words).

This guarantee shall remain in force till ____________ unless a claim or demand is made on us in writing on or before

(validity + four weeks), we will be relieved and discharged from all liability there under.

This guarantee shall be governed by Indian laws and the Courts at Mumbai, India alone shall have the jurisdiction

Date: Signature of a person duly authorized to sign

on behalf of the Bank with Seal of the Bank

*VENDORS TO SUBMIT THIS SECURITY DEPOSIT BANK GUARANTEE ON NON-JUDICIAL STAMP PAPER

OF RS. 100.00 FROM NATIONALISED / SCHEDULED BANK ONLY.