MAZAGON DOCK LIMITED (A Government of India Undertaking) Dockyard Road, Mazagon, Mumbai 400 010. INDIA Certified – ISO 9001/EN ISO 9001 For Shipbuilding Division Tel. No.: (022) 23763246, 23763254. Fax: (022) 23738151 E mail: [email protected] [email protected] Website: www.mazagondock.gov.in TENDER ENQUIRY (TWO BID SYSTEM - WEB) FOR PURCHASE OF ITEMS DIVISION-SHIP BUILDING DEPARTMENT-MATERIAL PROCUREMENT: Tender no.: GM (M) /RGS / 2000005616 Rev-1 dated 17.12.2014 Tender Due Date: 19.01.2015; Time At: 14.00 Hrs (IST); EMD: Nil MAZAGON DOCK LIMITED INVITES COMPETITIVE BIDS from reputed Bidders / Vendors in TWO BID SYSTEM (Part-I Techno Commercial Bid and Part-II Price Bid), for the following Supplies: 1. Sr. Description & Specification of Item Unit Quantity Order execution No required schedule. Supply of COIR MATTRESS as per following 1. No. 150 Within 1 month specification:from the date of purchase 1) 1)IT SHOULD BE OF COIR HAVING DENSITY order. 100D. 2) ITS SIZE SHALL BE 6'X2.5' 3) ITS THICKNESS SHALL BE 2"COIR +2” HITLON. HITLON TO BE ON THE TOP OF MATTRESSES 4) QUILTING MUST BE OF COTTON. CLOTH MATERIAL SHALL BE OF GOOD QUALITY COTTON 2. Validity Period: Bids / Offers Shall have a validity period of 120 days from the tender closing date. A bid valid for a shorter period may be rejected by MDL as non-responsive. 3. INSTRUCTIONS TO THE BIDDERS AND PRE-QUALIFICATION CRITERIA: 3.1 Issue of Tender Enquiry Document: - The Tender Enquiry can be downloaded from our website ‘www.mazagondock.gov.in’ However; interested bidders may also collect the tender from the undersigned through email. 3.2 Bidders registered with Mazagon Dock Limited should furnish a copy of valid registration certificate and documents as at sr. no. 3.3.1 and 3.3.2. 3.3 Bidders not registered with Mazagon Dock Limited should submit the following documents along with their offer: Tender no.: GM (M) /RGS/2000005616 Rev-1 4. 3.3.1 Shop & Establishment registration certificate. 3.3.2 Bidders Company Profile. Submission of offer in Two-Bid System: Offer must be submitted in Two parts, each offer securely closed (sealed) separately, in Two Envelopes Part – I & Part – II as stated below: 4.1 Part-I: This Envelope super-scribing the Tender No, Due date & Time should contain the following: 4.1.1 Technical Bid in Original duly signed + Two copies with Product Catalogue. 4.1.2 Acceptance on clauses of Tender Enquiry, GT&C in the Prescribed Formats duly stamped, signed & filled ‘Accepted OR Not Accepted’ as applicable for each of the clause. 4.1.3 STACS Acceptance in the Prescribed Format duly stamped, signed & filled ‘Accepted OR Not Accepted’ as applicable for each of the clause. 4.1.4 Price schedule BLANKING the PRICES but clearly indicating ‘QUOTED / UNQUOTED’ as applicable against each of the listed item in the prescribed format duly Stamped & Signed. 4.1.5 Deviation Sheet in the prescribed format in case of any deviations from Terms, Conditions & Technical requirements specified in the STACS, Tender Enquiry & GT&C. 4.1.6 List of Spares wherever required. 4.1.7 Bidders/Vendors should submit the additional documents as mentioned at Para 3 above. 4.1.8 Copies of valid Registration or Approval certificates (if any) of the following shall be submitted: MDL Registration. NSIC Registration. Micro Enterprises. Small Enterprises. ISO Accreditation. 4.1.9 Bank details for payment by NEFT/ RTGS in the format 4.1.10 Enterprises status (If any) to be indicated in Part-I : Micro/ Medium/ Small. 4.1.11 Technical details and product catalogue 4.2 Part-II: This securely closed (sealed) Envelope super scribing Tender Enquiry No., Due date & Time should contain only the PRICES for each of the listed items strictly in the prescribed format provided with the tender. If the space provided is not sufficient, bidder may attach additional sheets. Offer in any other format shall not be considered. Both these securely closed Envelopes i.e. Part-I & Part-II should be put in a Third Bigger Envelope securely closed (Sealed), Super scribed with Tender No., Due date, time, and addressed To General Manager (Materials) and deposited in GREEN COLORED TENDER BOX KEPT AT RECEPTION BY 14.00 Hrs ON OR BEFORE THE CLOSING DATE. In case of Bulky Offers / Bids, which cannot be accommodated in the designated Tender Box, such bids / offers shall be sent by post / courier OR same shall be submitted to the following designated officers (address as mentioned above) so as to reach the undersigned well before the due date and time. Name of Officer Mr. R.G.Singh Tender no.: GM (M) /RGS/2000005616 Rev-1 Designation DM (C-MP) Extn. No. 23763248/3254 Note: 1. In case of any discrepancy in unit price and total price (Multiplication error), UNIT PRICE shall prevail. 2. In case of any discrepancy in numeric value and value in words, VALUE IN WORDS shall prevail. 5. 6. Earnest Money Deposit (EMD) / BID BOND / TENDER FEE: NIL Bid Rejection Criteria; 6.1 Following bids shall be categorically rejected: 6.1.1 The Bids received after tender closing date and time. 6.1.2 6.2 Bidders not agreeing to provide assistance for installation/commissioning of equipment supplied by them. Following criteria may render the bids liable for Rejection 6.2.1 6.2.2 6.2.3 6.2.4 6.2.5 6.2.6 6.2.7 Bidder’s failure to furnish sufficient or complete details for evaluation of the bids within the given period which may range in between two to three weeks which shall not however conflict with validity period. Incomplete / misleading / ambiguous bids in the considered opinion of TNC. Bids with technical requirements and or terms not acceptable to MDL / Customers / External agency nominated as applicable. Bids without pre-qualification documents where required as per the tender. Bidders not agreeing to provide assistance for installation, Testing, Commissioning & other such Technical activities of equipment supplied by them. Bidders not agreeing to supply spares (onboard spares, B & D spares) / post sale product support / post work completion support. Unreasonably longer delivery period quoted by the firm. Quoted delivery period exceeding by 4 weeks from the lowest delivery period quoted among the technically qualified bidders shall be considered as unreasonably longer delivery period. 6.2.8 7. 8. Validity period indicated by bidders is shorter than that specified in the tender enquiry. Parties not attending post sales service for previous supply will not be consider. 6.2.9 All spares should be supplied free of cost during Warranty. 6.2.10 6.2.11 Post sales call must be attended within 03 working days. Otherwise L.D. Of Rs. 500/- per day will be levied. Pricing: The prices quoted shall remain firm and fixed during the currency of the order / contract unless agreed otherwise by MDL. Bidder shall quote the prices of all items / services listed in the price sheet format of the tender enquiry for delivery of the items in MDL store / completion of the work at MDL site. Terms of Payment: - MDL does not pay any advance Payment. Payment for the 100% of the order value, as reduced by any deductibles and/or the amount leviable towards liquidated damages, if any may be payable through NEFT/RTGS within 2530 days after receipt acceptance of items by user dept. and against submission of documents in Triplicate including Delivery challan(s), Pre-dispatch inspection report if applicable and receipt inspection & acceptance report, Test reports / Certificates if applicable, Packing Lists, Invoice, Storage / Preservation / Maintenance Procedures & other Technical documentation in requisite sets as relevant and Work Completion Certificate duly certified by an officer from the user department in the rank of CM or above. Tender no.: GM (M) /RGS/2000005616 Rev-1 9. 10. 11. Guarantee/Warranty: Equipment/Material/Item supplied shall be guaranteed / warranted for Satisfactory performance for a period of 12 months from the date of supply.During this period, all defects arising out of defective material and faulty workmanship will be rectified by repairing or replacing part or whole material as necessary, free of charge on CIF basis by you. Any consequential damage/defect or loss of items due to poor workmanship/poor material quality/negligence etc. attribute to the bidder to be rectified/replaced by the bidder free of cost. Note: During the warranty period, all visits by the firm’s technicians, for breakdown/ maintenance work will be on Non-chargeable basis. Bidder shall abide by all Standard Terms and Conditions of Supply (STACS), GT&C and Acceptance formats as per Enclosures contained therein should be properly filled, signed and returned by the bidder along with bid. Taxes & Duties:- The item-wise rates quoted in the Rate Sheet should exclude Taxes and Duties. Bidder should indicate Taxes and Duties 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. 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 variations in statutory levies arising subsequently in the absence of required base figures. 11.1 The rate sheet to be enclosed with the tender will indicate the rates under each tax head viz.: a. Excise Duty. b. Education Cess, if included. c. Central Sales Tax. (CST) d. Value Added Tax. (VAT) e. Octroi, if included. f. Taxes on Commissioning/Installation charges. e. Any other Taxes/Duties/Levies. Supplier / Bidder will not be entitled to any increase in rate of taxes occurring during the period of extended delivery schedule if there is delay in supply / completion attributed to him. However, if there is a decrease in taxes, the same must be passed on to MDL. 11.3 The following certificates will be given by us for Purchase of these items against this tender. Issue of “C” Form w.r.t. Sales Tax. Loading Criteria: Deviations sought by the bidder in respect of variation in commercial terms, Freight, Insurance, Payment terms shall be loaded on the bidder/s quoted prices during price evaluation by MDL. An illustration of the loading criteria that will be adopted is at Illustrative Enclosure-5. Among the equal bids, bidders with ISO 9000 series accreditation over non-ISO bidders, firstly Manufacturers then their authorized dealers will be given preference. The loading criteria that will be adopted is detailed in enclosure. 12.1 It is desirable that the bidder accepts the Payment Terms indicated in clause 8 above. Varied payment terms quoted by bidders as compared to the terms stated in the Tender document shall be normalized by applying S.B.I. Prime Lending Rate (prevailing at the time of opening of Price bid) plus 2% p.a. rate of interest for the period at variation. (For Indigenous bidder) & for overseas bidder the bids will be normalized at LIBOR/EURIBOR rate plus 2% for ranking of the bids. 12.2 Delivery of the goods at MDL premises should be the responsibility of the vendor. However, for unavoidable reasons, if bids are exclusive of transport and/or insurance, the same will be loaded at the cost to be incurred by MDL. 12.3 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. 11.2 12. Tender no.: GM (M) /RGS/2000005616 Rev-1 12.4 12.5 12.6 12.7 Deviations sought in respect of Liquidated Damages (L D) Deviations sought in respect of rate per week and / or maximum ceiling in respect of liquidated damages shall be loaded to the quoted price. For e.g.. The maximum ceiling towards liquidated damages speculated in the tender is 5% and the bidder seeks to limit it to, say 3.5% then the price quoted will be loaded by 1.5%. If the rate of L.D per week is 0.5% per week or part thereof as per tender and the bidder seeks it as, say, 0.4% per week or part thereof, the maximum ceiling on L D as per tender will first be equated to weeks (10 weeks in this case) and the rate proposed by the bidder ie 0.4% will be multiplied by the so equated maximum period (which works out to 4%) and the quoted price will be loaded accordingly by 1%. Delivery being the essence of the contract, it is desirable if the bidder/s adhere to the stipulated clause. Deviations in respect of the period of Warranty shall be loaded to the quoted price @ 0.25% per month or part thereof. This does not arise if the bidder quotes additional price for the differential period. The ranking of price bids shall be done on the OVERALL basis “ all inclusive of taxes, duties & levies “.In these cases , the variation in statutory levies etc are not allowed unless the breakup in respect of taxes duties are clearly and separately furnished in bid. Ranking of Bids & Determination of L-1 Bidders: Ranking of price bids shall be done on overall basis “all inclusive of taxes, duties and levies”. If any variations in statutory levies, the break up in respect of taxes, duties and levies is clearly and separately furnished in the bid and the MDL is satisfied that the rates of taxes, duties & levies indicated therein are in line with the tax law: so that 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. Therefore bidder is requested to show the break up regarding taxes, duties & levies as applicable in the bid. Note: - Techno-Commercially Qualified overall Lowest Bidder will be considered for the placement of order. In case of any discrepancy in the Blank Rate Schedule Format and actual Part-II Price Bid after opening of the Price Bids, the details (Taxes, duties and any charges) mentioned in the Part-II Price bids shall prevail over the details in blank rate schedule format. 13. 14. 15. Consignee: The Successful bidder/s shall arrange dispatch of goods by appropriate Rail / Road / Sea / Air transport mode as per the order to the respective department through ‘GOODS RECEIVING SECTION’ on working days (Monday to Friday) between 8.00 hrs to 15.00 hrs (Lunch Time 11.30 to 12.00 hrs) .In case truck/tempo reaches our yard beyond above time the same may be retained over night at your risk & cost. An advance copy of invoices along with other relevant documents shall be forwarded to the purchaser sufficiently in advance to enable clearance of cargo within allowed demurrage free days to avoid demurrage. In case of door delivery orders, the supplier shall categorically direct the transporter to deliver the ordered items without insisting for consignee copy of the Lorry Receipt. Modifications to the Bids: - Bidders desirous of submitting modified bids prior to the closing date & time may do so by sending a modification notice by fax, e-mail etc but followed by a signed confirmation copy of their request so as to reach the undersigned not later than the deadline for submission of bids. However it shall be the responsibility of the bidder to ensure that the covers containing modified bids are clearly marked as “Modified / Revised Bid” and deposited in the designated tender box before the tender closing date & time. Note: Discount given, if any, by the bidders, after last date for submission of the bids but before opening of the price bids, will not be considered for determining the ranking of bids. However, the same will be considered after the said bidder is judged as L-1. Public Grievance Cell: A Public Grievance Cell headed by General Manager (F-CA) has been set up in the Company. Members of public having complaints or grievances are advised to contact him on Wednesday between 10.00 hours and 12.30 hours in his office on 6th floor , Mazdock House Building (022 – 23762121 , 23759793) or send their complaints / grievances to him in writing for redressal. Tender no.: GM (M) /RGS/2000005616 Rev-1 16. 17. Supply on MDL Holidays: Request for permission for delivery on Saturday / Sunday / holidays if required, should be submitted 3 working days prior to the date of holiday, to Personnel department and Security through concerned Dept. Liquidated Damages: Time is an essence of the contract therefore the job, as ordered (Complete Scope of supply), should be completed on the dates mutually agreed upon in accordance with the delivery/completion schedule. In cases of delay not attributable to Purchaser beyond the agreed schedule, the Successful bidder shall pay liquidated damages, a sum representing 0.5% (Half per cent) per week or part thereof, subject to maximum of 5% of the final Order / Contract value. Vendor will also be liable to pay Liquidated Damages for late delivery of Manuals, Drawings and Documentation as agreed to by Purchaser and Vendor / Contractor (Seller) and as stated in the Purchase Order. The amount of such damages will be clearly defined in the Purchase Order and may extend up to 5% of the Order Value. Date of successful completion of entire scope as mentioned in tender/order (including, supply, installation / erect, testing, commissioning and training) shall be considered as date of delivery for purpose of levy of liquidated damages unless specifically mentioned otherwise. In case of any delay attributable to MDL as certified by the officer in the rank of Chief Manager and above from the concerned department, such period will not be considered for the purpose of levy of liquidated damages. Part levying LD on item-wise and/or quantity-wise may be considered at the sole discretion of MDL. However, request for part levying of LD on undelivered portion of goods received in MDL within the due delivery date but not commissioned within due delivery date will not be entertained. 18. Post sales call must be attended within 03 working days. Otherwise L.D. Of Rs 500/- per day will be levied. Security Deposit (SD): Not Applicable 19. Performance Bank Guarantee (PBG): Not applicable. 20. Delivery Term: Within 01 months from the date of receipt of PO. Door Delivery/FOR MDL GRS Stores. Assistance for Installation, Testing, Commissioning & other Technical activities: Services of engineers/Manpower (and charges for same) in connection with installation, setting-inwork, testing, tuning, and commissioning to be quoted separately for individual items. Spares / Post sale product support: 1. The Bidder shall assure a continuous supply of spare parts for at least 10 years from the date of commissioning of the machine at MDL. 2. List of Service centers & Setup details to be provided. Inspection (a) Receipt Inspection by MDL- MDL shall carry out necessary inspection of the items on receipt in the MDL Yard on the basis of appropriate MDL Inspection system requirements along with the representative of user dept. & the Inspection documents submitted by suppliers. Any objection raised by MDL inspection team against quality of material or workmanship shall be satisfactorily corrected by the supplier at his expenses including replacement as may be required within shortest possible time within 30 days. Items damaged during transit shall also be rectified or replaced by the supplier within shortest possible time. (b) Rejection of the material - Any portion of the items found defective/rejected, the supplier shall collect the same at his cost from the MDL Yard, all incidental charges being born by supplier, (inclusive of custom duty, if payable), within 30 days from the date of intimation to the supplier of such rejection. The MDL reserves the rights to dispose off the rejected item at the end of a total period of 90 days in any manner, to the best advantage to the MDL& recover storage charges & any consequential damages, from sale proceeds of such disposal. 21. 22. 23. Tender no.: GM (M) /RGS/2000005616 Rev-1 24. 25. 26. 27. 28. In case of any clarifications, bidders are requested to contact the undersigned, before the closing date of the tender. MDL reserves the right to consider placement of Order / Contract in part or in full against the tendered quantity. In the event, we do not receive Acceptance Formats duly filled for Tender Enquiry Form, General Terms & Conditions (GT&C) and Standard Terms & Conditions (STACS), it shall be presumed that all our tender terms & conditions are acceptable to you. Bidders intending to witness the Tender opening shall have to submit the letter of authority to the Tender Opening Officers and will sign on the sheet of paper in token of his presence at the time of opening. We look forward to receive your most competitive and reasonable offer against this tender. Yours faithfully, For MAZAGON DOCK LIMITED, (R. G. Singh) DM (C-MP) Enclosure - 1 Rate Schedule Format Enclosure - 2 Tender Enquiry Terms Acceptance Format Enclosure - 3 General Terms & Conditions (GT&C) with acceptance format Enclosure - 4 Standard Terms & Conditions (STACS) with acceptance format Enclosure - 5 Loading Factor Format Enclosure – 6 RTGS/NEFT Format Enclosure – 7 Performance Bank Guarantee Format Tender no.: GM (M) /RGS/2000005616 Rev-1 Enclosure –1 RATE SCHEDULE FORMAT Sr No Description 1 Make & Model 2 Basic unit Rate 3 Excise Duty (E.D) @-----%- 4 Educational Cess Tax @ -------% (on ED) 5 C S T / VAT @-----% 6 Delivery Charges, if any 7 Insurance Charges @ ----% if any 8 Octroi Charges @ -----% 9 Inspection/Testing /Certification charges, if any 10 Installation /Commissioning charges. 11 12 Taxes on Installation /Commissioning charges. Other Charges (if any). (Rates Applicable to be quoted. If not payable, “NOT PAYABLE” should be stated) Note: a). The incidences against each head mentioned shall be clearly specified and not to be included in the basic rates. If however, there is no charge against any head, the vendor may state ‘NOT APPLICABLE’ against such row. b). Rate schedule format blanking the Rates and indicating percentage of E D, S T (C S T, / VAT) applicable & so indicated under Description column must be submitted along with Part-I (Techno-Commercial) Bid. c). The Rate Schedule Format should be quoted on your letter head duly authenticated with signature of authorized person. d). Indicate the make and model of the quoted drawing table and drawing board. Also Submit the product catalog/Technical information of the quoted model. e).Quoting for the buyback items is mandatory. Offers without buyback quote shall be liable for rejection. Tender no.: GM (M) /RGS/2000005616 Rev-1 Enclosure-2 TEF ACCEPTANCE FORMAT (ILLUSTRATIVE FORMAT) To, MAZAGON DOCK LIMITED PURCHASE DEPARTMENT. TEF CLAUSE No. BIDDER’S REMARK TEF CLAUSE No. BIDDER’S REMARK TEF CLAUSE No. BIDDER’S REMARK COMPANY’S NAME & ADDRESS : _____________________________ _____________________________ _____________________________ SIGNATURE : DATE : NAME : DESIGNATION : BIDDER’S COMPANY SEAL: NOTES : a)Bidders should carefully read the Terms & Conditions of the Tender Enquiry Form (TEF) prior to filling up this acceptance format.. b)This format should be properly filled, signed and returned by the bidder(s) along with their technical offer for considering their Bid. c)Bidder(s) should indicate “ACC” for Accepted, “DEV” for Deviation Taken for each clause number in the above table. d)Bidder(s) to attach Separate Sheet indicating all relevant details such as Number & description of the Clause, Reasons for Deviation and Alternative suggested for any deviations taken by them. e)Clause numbers shown in the above format also includes the sub-clauses under these clauses. For example Clause no. 3 means – Clause nos. 3, 3.1, 3.2 a), b), I), ii) & iii). Tender no.: GM (M) /RGS/2000005616 Rev-1 Enclosure-3 GENERAL TERMS & CONDITIONS (GT&C) A-1. (A-10) ACCEPTANCE OF ORDER / CONTRACT A-1.1. With the acceptance of the successful bidder’s offer by the purchaser, which is as per the Terms & Conditions of the tender, by means of LOI/Order/Contract, the tender is concluded. The Vendor / Subcontractor / Supplier shall, on receipt of the order/LOI/Contract, communicate their unconditional acceptance to the purchaser in the prescribed format immediately within 10 days. A 1.2. If nothing to the contrary is heard by purchaser within 10 days from the date of placement of order, it will be understood that the order has been accepted by the Bidder/Vendor/Contractor. A 1.3. Any delay in acknowledging the receipt & acceptance of the Purchase Order/Contract/LOI from the specified time limit or any qualification or modification of the purchase order/LOI/Contract in its acknowledgement acceptance by the Vendor / Sub-contractor /Supplier shall be termed as breach and would be liable for forfeiture of EMD, Bid Bond, Security deposits etc. A-2 (A-20) SECURITY DEPOSIT. A 2.1. 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. A-3 (A 30) FORFEITURE OF EMD / BID BOND. A 3 1. 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, nonsubmission 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. A-4 (A 40) FORFEITURE OF SECURITY DEPOSIT. A 4 1. 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. A-5 (A 50). FORFEITURE OF PERFORMANCE GUARANTEE A 5 1. 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 A-6 (A 60). SUPPLIES A-6.1. 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. A-7 (A 80). CANCELLATION OF ORDER A-7.1.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. A-7.2. 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. A-7.3. 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 Tender no.: GM (M) /RGS/2000005616 Rev-1 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. A-8 (A 90). # PRESERVATION AND MAINTENANCE (For Equipments, Machinery) A-8.1. Should any material require any preservation till its final installation/fitment, the detailed procedure (Long term & short term) for the same as also the time of interval after which the state of preservation needs to be reviewed is to be stated by the Bidder/Vendor/Contractor. A-8.2. 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. A-8.3. 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 A-9 (A 100). FREIGHT & INSURANCE A 9.1 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 despatch 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. A-10 (A-110). TAXES & DUTIES / STATUTORY LEVIES A-10.1. Taxes and duties applicable, if any, shall be regularized by MDL by issuing necessary exemption certificates or reimbursed at actual. Bidder shall indicate the taxes and duties applicable in their offer. Taxes in cases where exemption certificates cannot be availed, shall be deducted wherever applicable (e. g. Income tax, Service Tax, Works Contract Tax etc) from the bills of the vendor as per statutes. Octroi duty exemption certificate issued by Customer’s representative will be provided on vendor’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 vendor’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 Where payment of VAT, Sales Tax, Excise Duty is agreed to and stipulated in the Purchase Order / Contract, the same will be reimbursed by the Purchaser at actual after receipt of vendor’s bills along with proof or declaration to the satisfaction of purchaser for payment of such taxes by the vendor to appropriate Tax authorities. A-10 .2 Bidders to note that there are no provisions in the notification issued by Ministry of Finance for issuing the Custom Duty exemption Certificates & Excise Duty Exemption Certificates in favour of subvendors / collaborators and for increase in the figure of import content value specified in the purchase order A-11 (A-120) DEMURRAGE A-11.1. Storage and Demurrage charges will be payable by the Bidder / Vendor / Contractor for all shipments that reach purchaser without proper dispatch documentations, Lorry Receipts not accompanied by packing lists, invoices etc. The Supplier shall be responsible for fines due to errors or omissions in description, weight or measurements and for increased handling charges due to improper packing. A-12 (A 130). INSPECTION, TESTING A-12.1.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. A-12 .2 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. Tender no.: GM (M) /RGS/2000005616 Rev-1 A-12 .3 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. A-13 (A 140) RECEIPT INSPECTION BY MDL A-13.1. 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. A-14 (A 150) REJECTION OF MATERIALS A-14.1. 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. A-15 (A 170) PURCHASER’S RIGHT TO ACCEPT ANY BID, PART OF BID AND TO REJECT ANY OR ALL BIDS. A-15.1 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. A-16 (A 190) BIDDER’S RESPONSE IN CASE OF NO PARTICIPATION A-16.1 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. ************** Tender no.: GM (M) /RGS/2000005616 Rev-1 Enclosure-3 GT & C ACCEPTANCE FORMAT (ILLUSTRATIVE FORMAT) To, MAZAGON DOCK LIMITED PURCHASE DEPARTMENT. GT&C CLAUSE No. BIDDER’S REMARK GT&C CLAUSE No. BIDDER’S REMARK GT&C CLAUSE No. BIDDER’S REMARK COMPANY’S NAME & ADDRESS : _____________________________ _____________________________ _____________________________ SIGNATURE : DATE : NAME : DESIGNATION : BIDDER’S COMPANY SEAL: NOTES : •Bidders should carefully read the General Terms & Conditions (GT&C) of the Tender Enquiry prior to filling up this acceptance format.. 2. This format should be properly filled, signed and returned by the bidder(s) alongwith their technical offer for considering their Bid. 3. Bidder(s) should indicate “ACC” for Accepted, “DEV” for Deviation Taken for each clause number in the above table. 4. Bidder(s) to attach Separate Sheet indicating all relevant details such as Number & description of the Clause, Reasons for Deviation and Alternative suggested for any deviations taken by them. 5. Clause numbers shown in the above format also includes the sub-clauses under these clauses. For example Clause no. A10 means – Clause nos. A11, A12, A13. Enclosure - 4 Tender no.: GM (M) /RGS/2000005616 Rev-1 STANDARD TERMS AND CONDITIONS (STACS) (FOR PURCHASE OF ITEMS) B-1 (101) B-1.1 The word 'Purchaser' refers to MAZAGON DOCK LIMITED, (MDL), a Company registered under the Indian Companies Act, 1913 and it includes its successors or assignees. B-1.2 The word 'Bidder/Vendor/Contractor' means the person / firm / Company who undertakes to manufacture and or supply and or undertake work of any nature assigned by the Purchaser from time to time and includes its successors or assignees. B-1.3The 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/Vendor/Contractor under this contract for supply or manufacture of certain items and would include Department of Defence Production, Ministry of Defence, Government of India, the Indian Navy, the Coast Guard and any other specified authority. B-2 (102) GENERAL B-2.1UNLESS 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. B-3 (200) COMMUNICATION & LANGUAGE FOR DOCUMENTATION B-3.1 Any letter, facsimile message, e-mail intimation or notice sent to the Bidder/Vendor/Contractor at the last known address mentioned in the offer / order shall be deemed to be valid communication for the purpose of the order/contract. Unless stated otherwise by the purchaser, Language for communication & all documentation shall be same, which the Purchaser has used, in the tender enquiry. B-4 (210) PURCHASER’S PROPERTY B-4.1 All property (such as materials, drawings, documents etc) issued by the Purchaser or any other individual or firm on behalf of the Purchaser in connection with the contract shall remain confidential, being the property of the Purchaser and the Bidder/Vendor/Contractor shall undertake to return all such property so issued and will be responsible for any or all loss thereof and damage thereto resulting from whatever causes and shall reimburse the Purchaser the full amount of loss and damage. B-5 (220) RISK PURCHASE B-5.1If the equipment / article / service or any portion thereof be not delivered / performed by the scheduled delivery date / period, any stoppage or discontinuation of ordered supply / awarded contract without written consent by Purchaser or not meeting the required quality standards the Purchaser shall be at liberty, without prejudice to the right of the Purchaser to recover Liquidated Damages / penalty as provided for in these conditions or to any other remedy for breach of contract, to terminate the contract either wholly or to the extent of such default. Amounts advanced or part thereof corresponding to the undelivered supply shall be recoverable from the Contractor / Bidder at the prevailing bank rate of interest. B-5.2 The Purchaser shall also be at liberty to purchase, manufacture or supply from stock as it deems fit, other articles of the same or similar description to make good such default and or in the event of the contract being terminated, the balance of the articles of the remaining to be delivered there under. Any excess over the purchase price, cost of manufacture or value of any articles supplied from the stock, as the case may be, over the contract price shall be recoverable from the Bidder / Vendor / Contractor. B-6 (230) RECOVERY-ADJUSTMENT PROVISIONS: B-6.1 Payment made under one order shall not be assigned or adjusted to any other order except to the extent agreed upon in writing by the Purchaser. During the currency of the contract, if any sum of money is payable by the Bidder / Vendor / Contractor the same shall be deducted from any sum then due or thereafter may become due to the Bidder / Vendor / Contractor under the contract or any other contract with the Purchaser. B-7 (250). INDEMNIFICATION Tender no.: GM (M) /RGS/2000005616 Rev-1 B 7.1. The Bidder / Vendor / Contractor, his employees, licencees, agents or Sub-Vendor / 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 / Vendor / Contractor, his employees, licencees, agents or Sub-contractor by making good such damages to the property, or compensating personal injury and the total liability for such damages or injury shall be as mutually discussed and agreed to. B-8 (260). TRANSFER OF VENDORS / CONTRACTOR’S RIGHTS: B 8.1. The Bidder / Vendor / Contractor shall not either wholly or partly sell, transfer, assign or otherwise dispose of the rights, liabilities and obligations under the contract between him and the Purchaser without prior consent of the Purchaser in writing. B-9 (270). SUBCONTRACT & RIGHT OF PURCHASER B 9.1 The Bidder / Vendor / Contractor under no circumstances undertake or subcontract any work / contract from or to any other Sub-contractor without prior written approval of the Competent Authority of Purchaser. In the event it is found that such practice has been indulged in, the contract is liable to be terminated without notice and the Bidder / Vendor / Contractor is debarred all from future tender enquiries / work orders. However in no circumstances a contractor is permitted to subcontract any part of the contract to the bidders who had quoted for the concerned tender. B-10 (280). PATENT RIGHTS. B 10.1 The Bidder / Vendor / Contractor shall hold harmless and keep the Purchaser indemnified against all claims arising as a result of infringement of any patent / copy rights on account of manufacture, sale or use of articles covered by the order. B .11 (290.) AGENTS / AGENCY COMMISSION: B 11.1. The Bidder / Vendor / Contractor confirms and declare to the Purchaser his status as either the original manufacturer of equipment or as the stockist / supplier of the equipment / machinery / items referred to in this contract and that he has not engaged any individual or firm, whether Indian or foreign whatsoever, to intercede, facilitate or in any way to recommend to the Purchaser or any of its functionaries, whether officially or unofficially, to the award of the contract to the Contractor / Supplier 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 Bidder / Vendor / Contractor shall agree that if it is established at any time to the satisfaction of the Purchaser that the present declaration is in any way incorrect or if at a later stage it is discovered by the Purchaser that the Bidder / Vendor / Contractor 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, the Contractor / Supplier shall be liable to refund that amount to the Purchaser. The Bidder / Vendor / Contractor will also be debarred from entering into any supply contract with the Purchaser for a minimum period of five years. The Purchaser will also have a right to consider cancellation of the contract either wholly or in part, without any entitlement or compensation to the Bidder / Vendor / Contractor who shall in such event be liable to refund all payments made by the Purchaser, along with interest at the rate of 2% per annum above the LIBOR (London Inter bank Offer Rate). The Purchaser will also have the right to recover any such amount from any contracts concluded earlier with the Purchaser. B 12 (300.) USE OF UNDUE INFLUENCE / CORRUPT PRACTICES: B-12.1.The Bidder / Vendor / Contractor undertakes that he has not given, offered or promised to give, directly or indirectly any gift, consideration, reward, commission, fees, brokerage or inducement to any person in service of the Purchaser or otherwise in procuring the contract or forbearing to do or for having done or forborne to do any act in relation to the obtaining or execution of the Contract with the Purchaser for showing or forbearing to show favour or disfavour to any person in relation to the Contract or any other Contract with the Purchaser. Any breach of the aforesaid undertaking by the Bidder / Vendor / Contractor or any one employed by him or acting on his behalf (whether with or without the knowledge of the Bidder / Vendor / Contractor) or the commission of any offence by the Bidder / Vendor / 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 Tender no.: GM (M) /RGS/2000005616 Rev-1 contracts with the Contractor / Supplier and recover from the Bidder / Vendor / Contractor the amount of any loss arising from such cancellation. A 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 / Vendor / Contractor. B 12.2. The Bidder / Vendor / 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 / Vendor / Contractor or any one employed by them or acting on their behalf (whether with or without the knowledge of the Bidder / Vendor / Contractor) or the commission of any offence by the Bidder / Vendor / 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 / Vendor / 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. B 12.3. In case, it is found to the satisfaction of the Purchaser that the Bidder / Vendor / 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 / Vendor / Contractor, on a specific request of the Purchaser shall provide necessary information / inspection of the relevant financial document / information. B 13 (330). BANNED OR DE-LISTED CONTRACTORS / VENDORS. B 15.1 The Bidder / Vendor / Contractor declares that they being Proprietors / Directors / Partners have not been any time individually or collectively blacklisted or banned or de-listed by any Government or quasi Government agencies or PSUs. If a bidder’s entities as stated above have been blacklisted or banned or de-listed by any Government or quasi Government agencies or PSUs, this fact must be clearly stated and it may not necessarily be a cause for disqualifying him. B 14 (340.) DUTY OF PERSONNEL OF SUPPLIER/VENDOR MDL being a Defence Organisation, Bidder / Vendor / Contractor undertakes that their personnel deployed in connection with the entrusted work will not indulge in any activities other than the duties assigned to them. B 15 (350). ARBITRATION B 15.1. Any dispute / differences between the parties arising out of and in connection with the contract shall be settled amicably by mutual negotiations. Unresolved disputes/ differences, if any, shall be settled by Arbitration and the arbitration proceedings shall be conducted at Mumbai (India) in English language, under the Indian Arbitration and Conciliation Act, 1996. B 15.2 In case of unresolved difference / dispute between Purchaser and Supplier, being a Public Sector Enterprise, shall be referred by either party to the Department of Public Enterprises, as per extant guidelines B 16 (360). JURISDICTION OF COURTS B 18.1 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. . -**********- Tender no.: GM (M) /RGS/2000005616 Rev-1 Enclosure – 4 STACS ACCEPTANCE FORMAT (ILLUSTRATIVE FORMAT) To, MAZAGON DOCK LIMITED PURCHASE DEPARTMENT. STACS CLAUSE No. BIDDER’S REMARK STACS CLAUSE No. BIDDER’S REMARK STACS CLAUSE No. BIDDER’S REMARK COMPANY’S NAME & ADDRESS : _____________________________ _____________________________ _____________________________ SIGNATURE : DATE : NAME : DESIGNATION : BIDDER’S COMPANY SEAL: NOTES : •Bidder(s) should carefully read the Standard Terms & Conditions (STACS) included in the tender prior to filling up this acceptance format. •This format should be properly filled, signed and returned by the bidder(s) alongwith their technical offer for considering their Bid. •Bidder(s) should indicate “ACC” for Accepted, “DEV” for Deviation Taken for each clause number in the above table. •Bidder(s) to attach Separate Sheet indicating all relevant details such as Number & description of the Clause, Reasons for Deviation and Alternative suggested for any deviations taken by them. •STACS clause numbers shown in the above format also includes the sub-clauses under these clauses. For example 220 means – clause nos. 220, 221, 222. Tender no.: GM (M) /RGS/2000005616 Rev-1 ENCLOSURE –5 LOADING FACTORS A. Indigenous Supplier with part Import content. Indigenous Supplier without Import content a) Ex Works. b) Delivered to MDL Stores a) Ex Works. b) Delivered to MDL Stores Sr. No. Description 1. Basic Price Quoted. 2. Add: Insurance Charges In case of 1 (a) In case of 1 (a) 3. Add: Inland Road Transport. In case of 1 (a) Incase of 1 (a) 4. Customs Clearance / Port Handling / Transportation to Yard. NIL NIL 5. Cost (ex-MDL) excluding taxes & duties without loading towards any deviations Sr. Nos (1+2+3) Sr. Nos (1+2+3) B. LOADINGS DUE TO VARIATIONS IN FINANCIAL TERM: Varied payment terms quoted by bidders as compared to the terms stated in the tender document shall be normalized on the amount(s) at 6 Variation in payment Terms variation and / or for the period (in no. of days) at variation by adopting the Prime Lending Rate of State Bank India plus 2% thereon. Income tax & Service Tax on Normalization shall be done in respect of the amount of tax that have to 7 Technical Services / Service be borne by the Company. Engineers liability to MDL. Production norms such as 8. scrap %, output – input ratio. Base date for price variation Variation in base date as specified in tender & as provided by bidder 9 clause. shall be loaded to quoted price for period of variation. Cost (ex-MDL) excluding taxes & .10 duties after loading for variations (SR. Nos. 5 + 6 + 7 + 8 + 9) . in financial term. C. LOADING ON ACCOUNT OF DEVIATIONS IN FOLLOWING COMMERCIAL TERMS Variation towards PBG shall be normalized by loading price by an Security Deposit / Contract 11. amount equivalent to 10% of quoted price minus the quantum, if any, for Performance Guarantee. which portion of guarantee is agreed to by the bidder. 12. 13 14 Equipment Performance Guarantee Additional delivery period sought over stipulated period as per Tender. Additional time sought for supplying binding data. For the additional period sought by the bidder over the stipulated date of delivery as per tender, 0.50% per week for delayed period will be loaded to the quoted price, if the period under variation does not lead to bid rejection criteria. 1. 15 Liquidated damages per week rate / Maximum Ceiling 16 Warranty / Guarantee Cost (Ex-MDL) excluding taxes & duties after loading for variations 17 on account of financial and commercial terms D. LANDED COST: 18. Taxes & Duties 19. Landed Cost If bidder seeks less than 5% (Max ceiling) then the difference will be loaded. 2. The rate of LD per week or part thereof is 0.5%, If bidder seeks say 0.4% per week or part thereof, then Max. Ceiling of LD will be equated to weeks (Say 10 weeks) then LD proposed by bidder works out to 10 X 0.4 = 4%, then 1% will be loaded. Deviations in respect of the period of Warranty shall be loaded to the quoted price @ 0.25% per month or part thereof. This does not arise if the bidder quotes additional price for the differential period. Sr. Nos. 10 + 11 + 12 + 13 + 14 + 15 + 16 Sr. Nos. 17 + 18 Tender no.: GM (M) /RGS/2000005616 Rev-1 Enclosure-6 RTGS/NEFT – MANDATE AUTHORISATION FORM (ILLUSTRATIVE FORMAT) 1. Supplier’s / Vendor’s Name: 2. Supplier’s / Vendor’s Name as per Bank Records: 3A. Supplier’s Code 3B. Supplier’s PAN Number: # # Quoting PAN No. in all the e-returns has become 100% mandatory w.e.f. 14-02-2008 hence, ensure to fill- up this and also send a photocopy of PAN duly self-attested. If there is any difference between the name given in the supplier’s name and name given in the PAN card, then a note to explain the reason for the difference and the correlation between both. 4. Supplier’s / Vendor’s Complete Postal Address: Door No. Street: Location: District: City: State 5. Supplier’s / Vendor’s E-mail ID: PIN 6. Supplier’s / Vendor’s Telephone Number & Mobile Phone Number: M 7. Name of the Bank: 8. Bank (Branch) Postal Address: 9. RTGS*/NEFT** - Code of the Branch: RTGS: NEFT: RTGS* - “Real Time Gross Settlement”, NEFT** - “National Electronic Fund Transfer”. These “IFSC” Codes are unique numbers of each Branch – “ Indian Financial Services Code”. For some Branches both the codes are the same and some Banks, may maintain one Code No. for RTGS and another Code No. for NEFT. Hence, please fill-up both the rows, even if it is the same. 10. Nature of the Account: (Tick whichever is applicable & put ‘x’ mark for the balance two accounts) Saving Bank Account: Cash Credit Account: Current Account: 11. Bank Account Number of the Supplier: © © Fill up from the 1st column. For the balance left out blank columns, please mention ‘x’ mark. We hereby declare that the particulars given above are correct and complete. If the transaction is delayed for reasons of incomplete or incorrect information, we would not hold MDL responsible. Date: Supplier’s Seal: Authorized Signature of the Supplier: Certified that the particulars as per Serial Numbers 2, 7 to 11 are correct as per our records. Date: Bank’s Stamp Authorized Signature of the Officer of the Bank. **************** Tender no.: GM (M) /RGS/2000005616 Rev-1 Enclosure-7 PROFORMA BANK GUARANTEE FOR PERFORMANCE 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 ten 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 irrevocably & unconditionally undertake to pay to the Purchaser on demand without any demur the sum of (currency/amount) (in words) being ten 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 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 + --- weeks), we will be relieved and discharged from all liability thereunder. 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 PERFORMANCE BANK GUARANTEE ON NON-JUDICIAL STAMP PAPER OF RS. 100.00 FROM NATIONALISED / SCHEDULED BANK ONLY. Tender no.: GM (M) /RGS/2000005616 Rev-1
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