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TENDER ENQUIRY
[ PRESS TENDER ]
Tender No
: 8000000548
Purchasing Executive : Karnail Singh
To
Telephone No:
Fax No:
Email ID:
Department:
Purchasing Executive:
Telephone No:+91
Fax No:+91
Email ID:
Tender Number:
Tender Date:
Tender Closing Date
Tender Closing Time
RFQ Number:
Tender Fee:
Rs
0.00
EMD Amount:
Rs
70,000.00
Pre Bid Meeting Date
Pre Bid Meeting Time
Tender Opening Date:
06.02.2015
Tender Opening Time:
Offer should be valid up to:
Security Deposit:
5.00 % of PO value Perf. Bank Guarantee:
OTS(OUTSOURCING DEPT.)
Karnail Singh
23763405
23743198
[email protected]
n
8000000548
13.01.2015
06.02.2015
15:00:00
2100000750
00:00:00
15:30:00
0.00 % of PO value
( Kindly read and refer relevant terms & conditions for further details. Do ensure to Quote Department Name, Purchase Executive's Name,
Tender Number, Closing date & time and RFQ Number in your Quotation & related correspondence )
Dear Sir / Madam ,
SUB:- COMMISSIONING OF BATTERIES AT BCF (SEWRI) FOR PROJECT P75 # BOAT 1- YARD 11875
Mazagon Dock Limited (MDL) invites Competitive - Bid from reputed suppliers for the following in TWO BID system
(Part I Techno-Commercial Bid & Part II - Price Bid).
Sl.No.
00100
0000000010
00200
Material/Service Details
Quantity/Unit
Delivery Date
Unloading,loading ,Shifting of 360 cell
1 Activity unit
31.07.2015
Service Description :Unloading,Loading, Shifting of 360 cells & it's acessory
The Line item 00100 covers the following services
Service Number:1 Activity unit
Short Description:- Unloading , loading &
Shifting of Cell
Decrating of cell boxes & visual checks
1 Activity unit
31.07.2015
Service Description :Decrating of cell boxes & visual checks for observation, if any
Page: 1 of 2
Tender Number:- 8000000548
Sl. No.
0000000010
00300
0000000010
Tender Date:- 13.01.2015
RFQ Number:- 2100000750
Material/Service Details
Quantity/Unit
The Line item 00200 covers the following services
Service Number:360 Number
Short Description:- Decrating of cell boxes &
visual checks
Service Details:- Decrating of cell boxes & visual checks
Battery commissioning include watchkeep
1 Activity unit
Service Description :Battery commissioning including watchkeeping
The Line item 00300 covers the following services
Service Number:360 Number
Short Description:- Battery commissioning &
watchkeeping
Service Details:- Battery commissioning including watchkeeping
Delivery Date
31.07.2015
Terms & Conditions as indicated in Part A of this tender and other enclosures / annexures form an integral part of this
tender document. We look forward to receive your most competitive and reasonable offer against this Tender.
For Mazagon Dock Ltd
Page: 2 of 2
Part-A to MDL Tender no. 8000000548 date 13.01.2015 closing on 06.02.2015
Note: Before quoting against this Tender, the prospective bidder is requested to go through the Tender Enquiry
document (& Annexes, if any) thoroughly & carefully. Deviations to the Terms & Conditions of the Tender are
highly discouraged. Therefore, any doubts arising in respect of any of the Terms & Conditions stipulated,
Qualification Criteria, Eligibility for exemption from submission of EMD, clarification if any w.r.t Documentation
/ Procedural requirements, etc. Shall get clarified by the prospective bidder through the Dealing Executive
invariably before the submission of the Bid.
Availability of Tender Enquiry Document & Salient Features of MDL’s e-Procurement System for
Participating in (this) e-Tender:1. An unsigned PDF copy of this Tender Enquiry has been made available on & can be downloaded from
MDL website http://www.mazagondock.gov.in (On the home page, kindly go to Work/Service
Contracts→Tenders), on Central Public Procurement Portal (CPPP), Tenders website
(www.eprocure.gov.in) & on MDL’s e-Procurement Portal (https://mdl.eproc.in ). For facilitating the
above, M/s. C1 India(Pvt) Ltd have been appointed by MDL as the Application Service Provider (ASP).
All such MDL Tenders shall be also be hosted on the dedicated MDL e-Procurement website hosted by
the ASP (https://mdl.eproc.in), besides MDL website & CPP portal as above.
2. Submission of bids against e-Tenders: The bidder is required to quote online on the e-Procurement
website by the deadline, by submitting the Techno-commercial Bid & Price Bid in Electronic format only.
The prices/quotes & a few declarations shall have to be entered by the bidder online in the Tender’s entry
forms & other bid documents’ scanned/soft copies shall have to be uploaded as part of the bid. All bids
should be digitally signed using DSC (as explained below).
3. To be able to participate in e-Tender (s), every bidder must register themselves on the ASP’s website
(registration is free of cost) & must possess a legally valid Class-IIIB or above Digital Signature
Certificate (DSC) (also known as Class-III B or above DSC with encryption & signing authority) as per
IT Act-2000, using which they can sign their electronic bids. The DSC can be procured from any
Certifying Authority (CA) authorized by Controller of Certifying Authorities (CCA) of Govt. of India.
4. DSC, valid for one year, for purchase is also available from MDL’s ASP, M/s. C1 India P Ltd for
MDL’s Suppliers on specially discounted price. Contact Ms. Shweta Bodhe – 022- 6686 5606.
5. In order to familiarize prospective bidders to e-Tendering / e-Procurement’s other aspects, etc., regular
orientation training programs {of two (2) hours duration} are being organized at MDL. Details of the
MDL Officials concerned for conducting the training program are made available at the top on the web
page on MDL’s website (http://www.mazagondock.gov.in→Work/Service Contracts→Tenders). The
interested bidders are requested to get themselves acquainted with all the requisite aspects & be prepared
by attending the training by contacting the ASP/MDL official(s). The firms may nominate only one
representative from their organization to attend such training. Training shall be conducted every Friday
between 2 & 4 pm in MDL.
6. Besides the training being organized, online User Manual is available on the website for the guidance
of users. & for participating in the e-Procurement/ e-Tendering, the bidder must ensure having the
requisite (IT) infrastructure at their office premises.
7. For any further details of e tendering & digital signatures, please contact, Mr. Mahavir Dagade, DGM
(Material Purchase) 022- 2376 3252, Mr. Ravi – 9619379192 or Mr. Chandan Pedamkar– 9930315405,
email id:- mdlsupport@ c1india.com, [email protected], Global Support Number +91- 022 – 6686
5600/01 /05/ 08 /31/ 33 /35.
Note:
For technical queries related to scope of work, Contact person is Shri Satyapal Singh Bhadauria (Chief
Manager –Plg-EY), Phone No is 23763603 / , email id: [email protected] / Shri. Samresh
Singh (Deputy Manager–Plg-EY),Phone No is 022-23763603 / 022-23763599, email id: samreshsingh@
mazagondock.gov.in
Part-A, also, includes the following annexures:
ANNEX-I Scope of Work
ANNEX-II (Format for rate Sheet - Only for illustration purpose; Actual quotes to be entered online)
ANNEX-III - Sample Quality Assurance Plan
ANNEX-IV - Responsibility Matrix
ANNEX-V - Format of Non Disclosure Agreement.
Page 1 of 19
Part-A to MDL Tender no. 8000000548 date 13.01.2015 closing on 06.02.2015
MAZAGON DOCK LIMITED INVITES ONLINE COMPETITIVE BIDS from reputed Bidders / Vendors
in TWO BID SYSTEM (Part-I Techno Commercial Bid and Part-II Price Bid) for the following Work /
Supplies:
This is e-tender and Bids received through other than E-portal will not be considered.
1. Description of Work / Supplies / Services: Commissioning of Batteries at Battery Commissioning Facilities
(Sewri) for project P75 – Boat 1- Yard 11875 as per SOW attached.
2. SALIENT FEATURES OF THE SCOPE OF WORK:
2.1 The detailed technical scope of work is attached herewith as Annexure–1.
2.2 Rate Sheet i.e.Annexure-2 only for illustration purpose; Actual quotes shall be entered online only.
2.3 Quality of work is paramount. Contractor will only deploy qualified/experienced manpower to ensure
quality, planning and managerial function.
3.
INSPECTION : QA-EY / SOT –MB..
4. COMPLETION PERIOD
Tentative Overall period is 4 months (1st April 2015 to 31st July 2015.
Tentative date of start is 01.04.2015.
Contractor to contact Plg-EY for exact schedule.
Log Books covering Instruction Register & Hindrance Register shall be maintained by MDL / Navy.
Instruction given to contractor will be recorded in the Instruction Register. The Contractor is required to report
hindrances in production for recording in the register. All hindrances with date of occurrences and removal
shall be noted in the Hindrance Register. The Hindrance Register shall be signed by the reps of both MDL as
well as Contractor.
5. MOBILIZATION: Contractor shall complete mobilization of his workforce, tools and equipment within 15
days from the date of award of order. In mobilization period contractor should arrange entry passes for his
employees & no excuse for delay in commencing work on this account will be entertained.
6. EARNEST MONEY DEPOSIT (EMD):
6.1 Bidders shall furnish EMD of Rs 70,000.00 (Rupees Seventy Thousand only) in the form of crossed DD /
Pay Order / Bank Guarantee (as per format OTS-F-05 available on MDL Website) drawn in favor of
MAZAGON DOCK LIMITED be forwarded to GM / HOD (OTS), 6th Floor Service Block Building,
Mazagon dock Limited Dockyard Road, Mumbai-400 010 in sealed envelope super-scribing Tender
Enquiry No. and Due date, so as to reach us within 7 MDL working days from the tender closing date. The
scanned image of DD / Pay Order/BG shall be uploaded at Part-I tender stage. The Bank Guarantee should
be valid for 4 more weeks beyond the offer validity period indicated in the tender. Either of these
instruments should be drawn on reputed International / Nationalized / Scheduled Banks excluding cooperative banks, payable at Mumbai. Crossed DD / Pay Order issued by Co-operative banks however will
be accepted subject to realization. Bids without EMD will not be considered. EMD of unsuccessful
bidders will be returned after finalization of the tender and shall be interest free.
Scanned image of the instrument of EMD /MDL registration / NSIC registration / MSE registration
(Certificate issued from competent authority) should be uploaded in Part-I tender stage. (DD/ Pay Order /
Bank Guarantee should be drawn on or before closing date of tender.)
6.2 EXEMPTION FROM SUBMISSION OF EMD:
Following bidders shall be exempted from submission of EMD:
a) State & Central Government of India departments, Public Sector Undertakings.
b) Firms registered with MDL. To qualify for EMD exemption, firms should necessarily submit (scan &
upload) valid copy of the Registration Certificate issued by MDL, for the items for which the offer is
being submitted, in Part-I offer / bid. Firms in the process of obtaining MDL registration will not be
considered for EMD exemption.
Page 2 of 19
Part-A to MDL Tender no. 8000000548 date 13.01.2015 closing on 06.02.2015
c) Firms registered with NSIC under its “Single Point Registration Scheme”. (Exemption will apply only
to items/services for which they are registered). To qualify for EMD exemption, firms should
necessarily submit valid copy of the Registration Certificate along with the list of items / services for
which they are registered, as issued by NSIC, in Part-I offer / bid. Firms in the process of obtaining
NSIC registration will not be considered for EMD exemption
d) Firms registered with Micro and Small Enterprises (MSEs). To qualify for EMD exemption, firms
should necessarily upload VALID copy of the registration certificate from the competent authority
regarding their Micro/ Small Industry status in Part-I offer/bid.
e) EMD of the disqualified / Techno-commercially rejected bidder (s) will be refunded within fifteen (15)
days from the date of receipt of approval for opening of price bids of the Techno-commercially
qualified offers. EMD of other unsuccessful bidder(s) will be refunded after placement of the Order on
the successful bidder. The refunded EMD would be interest free.
7. BID REJECTION CRITERIA
i) Following bids shall be categorically rejected;
a) Bids received without EMD (other than those who are exempt from payment of EMD), as specified
in the tender
b) In case of e-tenders, if the date of issue of EMD (DD/BG) is later than the tender closing date.
ii)
Following bid rejection criteria may render the bids liable for Rejection.
a) Validity period indicated by bidders is shorter than that specified in the tender enquiry.
b) Bidder’s failure to submit sufficient or complete details for evaluation of the bids within the given
time period.
c) Incomplete / misleading / ambiguous bids in the considered opinion of TNC.
d) Bids with technical requirements and /or terms not acceptable to MDL.
e) Bids not meeting the qualification parameters stipulated in the tender enquiry.
f) Bids received without qualification documents where required as per the tender.
g) Bidder not agreeing for furnishing of the required Security Deposit (SD) or for not agreeing to
extend the validity of the submitted SD BG in case of requirement of extension of validity of the
Order / of Completion Period of the Order.
h) Unreasonably longer delivery period quoted by the firm.
i) EMD validity period is shorter than specified in the tender enquiry.
j) In case of e-tenders, the original of the uploaded copy of EMD (DD/BG) if received after seven
MDL working days of the tender closing date.
8. QUALIFICATION CRITERIA
8. A Similar work is defined as under:
Firm needs to have experience in the field of preparing electrolyte & Charging submarine battery (Type of
cell:36PS13I OR equivalent).
.
8. B Qualification Criteria
Bidders should upload scanned copies of following necessary documents to enable MDL to ascertain their
qualification status.
1) The bidder must have a valid Shop and Establishment Registration Certificate / Other equivalent
registration certificate (from Govt. Departments) or certificate from local bodies to conduct business.
2) Details of machine & equipment and personnel with designation, qualification and experience to
determine their capabilities as per prequalification criteria of scope of work in Annexure-1.
3) Bidder should have average audited annual financial turnover during the last three years (for the Year
2011-12, 2012-13 & 2013-14) should be Rs 10.5 Lakhs.
4) Bidder’s experience of having successfully completed similar works during last 7 years ending last
day of month previous to the one in which tenders are invited should be either of the following:
(i)
Three similar completed works each costing not less than Rs 14 Lacs.
OR
(ii) Two similar completed works each costing not less than Rs 17.5 Lacs.
OR
(iii) One similar completed work each costing not less than Rs 28 Lacs.
Page 3 of 19
Part-A to MDL Tender no. 8000000548 date 13.01.2015 closing on 06.02.2015
Note 1:- Similar type of work/ job is as defined at TEF Clause 8.A above,
Note 2:- The bidders need to scan and upload documentary evidence in support of the Qualification Criteria
viz. Work order, work completion certificate issued by the party for whom the work is done. The concerned
HOD or TNC has a right to verify / cross verification of authenticity of the said document whenever felt
necessary. MDL reserves the right to demand original documents for verification, at any stage of the tender.
Note 3:- MDL reserves the right to demand hard copy of any of the above documents and any other related
documents, if required. Bidders shall comply with same.
Note 4:- Details of previous experience (to be scanned and uploaded with part-I offer)
Refer TEF clause 8 (4) - Bidder's experience of having successfully completed similar works during last
seven (7) years ending last day of month previous to the one in which tenders are invited. (Order copies and
Work done certificates of the same meeting qualification criteria (TEF clause 8 (4)).
Sl
No
Order
No &
date
Start
date as
per
Order
Completion
date as per
Order
Actual
Completion
date
Order
placed
by
Description
of the work
Order
Value
Work
Completio
n
Certificate
(WCC)
ref. no. &
date
1
2
3
Similar type of work/ job is as defined at TEF Clause 8.A
You are required to submit information in the form of the table above for the orders, which qualify you as
per the above criteria, You are also requested to mention the criteria among 8 (4) {(i), (ii) or (iii)} according
to which you are qualified against this tender.
Note 5:- In addition to above, for Prequalification criteria, bidders are to refer Scope of work (Annexure-1)
9. VALIDITY PERIOD: Offers shall have the validity period of 120 Days from the tender closing date. A bid
valid for a shorter period will be rejected by MDL as Non-responsive.
10. PRE-BID CONFERENCE: Not Applicable.
11. SUBMISSION & OPENING OF BID ONLINE ONLY AGAINST E-TENDER IN TWO-BID
SYSTEM
11.1
Bid must be submitted online only in two parts, Part-I Bid (Techno-Commercial Bid) and Part-II Bid
(Price .Bid), as explained below.
11.2
The bidder is requested to ensure that all the documents asked for are submitted (scan & uploaded) and
are clear, legible & duly signed (i.e. self-attested), as it would save considerable time without
necessitating the need for furnishing of the documents again by them. The bidder is also requested not
to upload unnecessary documents not asked for, like signed & stamped copy of this Tender document,
etc.
11.3
Part- I Bid (Techno-Commercial Bid):
As part of the Techno-Commercial Bid, documents are to be uploaded on the portal in scanned form &
the other few in the form of online forms to be entered on the portal. It may, however, be noted that the
maximum size of any scanned document to be uploaded should not exceed 10 MB, though any number
of such documents can be attached/uploaded as part of the bidder’s bid.
Page 4 of 19
Part-A to MDL Tender no. 8000000548 date 13.01.2015 closing on 06.02.2015
11.4
Common Documents/Inputs (to be furnished/uploaded by both, registered & unregistered firms):
11.4.1 Covering letter of the Bid/Offer, with Index of the enclosed documents & stating other
necessary (following) information/declarations (Bid/Offer ref. no. & date) (to be uploaded in
scanned form):
11.4.1.1
Acceptance of the following on the bidder’s letterhead: (scan & Upload)
(1) Validity of the Bid / Offer as per Tender’s terms.
(2) Willingness to furnish Security Deposit (SD) as per Tender’s terms in the
event of placement of Order & to extend the validity of the SD in case of
requirement of extension of validity of the Order/of Completion Period of
the Order.
11.4.2 Bidders should upload a scanned image of the instrument of EMD if applicable.
11.4.3 Regarding the bidder’s Supplier Registration status with MDL (Copy of the Registration
Certificate to be uploaded in scanned form, as applicable), to claim waiver from submission of
EMD.
11.4.4 Regarding the bidder’s Registration status with NSIC (Copy of the Registration Certificate to
be uploaded in scanned form, as applicable), to claim waiver from submission of EMD.
11.4.5 Regarding the bidder’s Registration status with Micro & small enterprises (MSEs) (Copy of
the Registration Certificate to be uploaded in scanned form, as applicable), to claim waiver
from submission of EMD.
11.4.6 Acceptance of TEF, STACS and GT&C: Deviations to the Terms & Conditions of the Tender,
to MDL’s Standard Terms & Conditions for Services (STACS) & MDL’s General Terms &
Conditions for Items & Services (GT&C) are highly discouraged & all doubts of the bidder
must be got clarified by them without fail through the dealing Purchase Officer before
submission of the bid. However, if the bidder has any deviations w.r.t. the Terms &
Conditions specified in the Part-A of the Tender Enquiry (TEF), w.r.t. STACS and / or w.r.t.
GT&C, the same should be filled-up in online forms created for the same as part of the Tender.
Against the relevant Para no./ Clause no. of TEF/STACS/GT&C (as applicable), the bidder is
required to compulsorily select “ACCEPTED” or “DEVIATION” from the drop-down field
choices available. In case “DEVIATION” is selected against a particular Para no./Clause no.,
it would be mandatory to explain the deviation proposed by the bidder in the adjoining text
field. Any deviation (s) mentioned elsewhere in the Offer/Bid, other than in the said forms,
will not be considered.
11.4.7 Copies of Subcontract / Work / Purchase Orders (including the detailed Scope of Work, Rate
Sheet, Order value) and Work Completion Certificates for all the jobs (of the Order) executed
to meet the requisite Order value execution qualification criteria (to be uploaded in scanned
form). Pl upload the details in tabula form also as per format at para 8 (note 4) above.
11.4.8 Audited Financial Balance Sheets along with Auditors’ Report of the bidder’s firm for the
three financial years indicating turnover, to meet the qualification criteria (to be uploaded in
scanned form).
11.4.9 Photocopy of Registration Certificate of the bidder for the Taxes & Duties (to be uploaded in
scanned form).
11.5
In addition to the common documents, following documents are to be submitted (scan & uploaded)
by a bidder not registered with MDL:
11.5.1 Bidder’s Company Profile.
11.5.2 Copy of Shop & Establishment Registration Certificate/Certificate of Incorporation issued by
Registrar of Companies, Ministry of Corporate Affairs, Govt. of India/SSI certificate issued by
District Industries Centre, Ministry of Small & Medium Enterprises (MSME), Govt. of
India/Other equivalent certificate.
11.5.3 Copy of PAN Card.
11.5.4 Track Record as per format OTS-F-04 (available on MDL website).
11.5.5 Bank details for payment as per format OTS-F-12 (RTGS/NEFT Mandate Authorisation
Form) (available on MDL website).
Page 5 of 19
Part-A to MDL Tender no. 8000000548 date 13.01.2015 closing on 06.02.2015
Note: Bidders in their own interest are requested to upload their bids well in advance of tender closing date
to avoid the last minute difficulties in uploading the bids.
Problems in hardware/software, internet connectivity, system configurations, Browser setting etc, for
whatsoever reason shall not be considered for extension of tender closing date and time.
All bidders are requested to get their queries, if any, clarified by 02.02.2015. Prior to it, Bidders are also
requested to visit site to have better understanding of the JOB & site conditions. For any technical
clarification and visiting the site, you are requested to contact Shri Satyapal Singh Bhadauria (Chief Manager
–Plg-EY), Phone No is 23763603, email id: [email protected] OR Shri. Samresh Singh
(Deputy Manager–Plg-EY),Phone No is 022-23763603 / 022-23763599, email id: samreshsingh@
mazagondock.gov.in
11.6
Each and every scanned page of the Bid/Offer (which is uploaded) should be serially numbered and
signed and total number of pages to be mentioned on the 1st page (Covering letter of the Bid/Offer).
11.7
Part-II Bid (Price Bid)
Price (s) for the tendered Services / Items & applicable Taxes & Duties are to be quoted online as per
the illustrative Price Bid Sheet format (ANNEX-II).
11.8
Opening of Techno-Commercial Bid (Part – I Bid)
Techno-Commercial Bid (Part-I Bid) will be opened online on the Tender closing date at the declared
time/day (or next working day if the closing date happens to be a holiday declared by MDL) by a team
of MDL’s Tender Opening Officers. The participant bidders can also witness the opening of the bids
online from their location by logging on to the portal with their Class-IIIB or Digital Signature
Certificate (DSC) of higher version.
Opening of Price Bid (Part – II Bid)
After completion of the Techno-Commercial scrutiny of the received bids, intimation for opening of
price bid (s) will be communicated only to the Techno-commercially qualified bidders, with the date &
time of opening declared in such intimation. Such intimation may be given at a short notice by Fax, Email or even by telephone. The participant bidders can also witness the opening of the bids online from
their location by logging on to the portal with their Class-IIIB or Digital Signature Certificate (DSC) of
higher version.
11.9
12. PRICING:
I.
Bidder shall quote for all the services tendered & listed in the Rate Sheet. In the event the firm has not
quoted for some of the items/services, and entire scope is inseparable, the bid is liable for rejection.
II. Quoted Price will remain firm and fixed during the currency of order/contract execution.
III. MDL shall not be bound by any printed conditions or provisions in the Contractor’s bid forms or
acknowledgement of contract, invoices, packing list and any other documents which purport to impose
any conditions at variance with the tender terms / final negotiated & accepted terms.
IV. Growth Clause: MDL shall be at liberty to place additional work to the extent of 15% of contract value at
the same Rate, terms and condition of this contract within contractual delivery period and bidder shall
have to honor it. Contractor is not supposed to undertake any growth/additional/ consequential work,
without specific order from OTS Dept. Else no payment will be made by MDL for such work undertaken
by Contractor.
13. RANKING OF BIDS & DETERMINATION OF L-1 BIDDERS:
Taxes, duties and Levis are excluded for the purpose of ranking of price bids to determine L1 bidder. There
may arise a situation where overall cost (inclusive of taxes, duties and levis) of supply by the adjudged L1
bidder may be higher compared with any other bid(s) depending on the tax structure. Therefore it would be
required that the adjudged L1 bidder has to reduce the price to make it competitive both before including taxes,
duties and levis and after including taxes, duties and levis. If the adjudged L1 bidder does not agree to reduce
the price to make it competitive after including taxes, duties and Levis, then the next ranked bidder will be
afforded the opportunity so that procurement is competitive.
Techno-Commercially Qualified Overall Lowest Bidder will be considered for the placement of order.
(Refer rate sheet at annexure-II indicates price evaluation for arriving at lowest bidder (L1) will be on grand
total value “T” at column ‘6’).
Page 6 of 19
Part-A to MDL Tender no. 8000000548 date 13.01.2015 closing on 06.02.2015
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 loading all applicable parameters as mentioned in the
tender document and commercial terms.
14. TERMS OF PAYMENT:
Payment will be made for actual quantity of work executed, as certified on WCC, through NEFT/RTGS/ECS
between 25-30 days from the date of submission of Invoice with all requisite documents, i.e., on submission
of a set of original + 2 copies of the following documents to Outsourcing Department:
i)
Signed Tax Invoice.
ii)
Work Completion Certificate (WCC), Service Entry no with all the necessary particulars, duly certified
by an MDL Executive (User deptt.), of the rank of Chief Manager or above only, of the WCC-issuing
authority.
iii) In case of delays, the duration be specified in WCC to invoke LD Clause and effect recoveries from
Contractors’ invoice.
15. SECURITY DEPOSIT:
The successful bidder (Contractor), other than PSUs, are required to submit Security Deposit, in the form of
DD / Pay Order / Banker’s Cheque / BG in favour of MAZAGON DOCK LIMITED @ 5 % of the Order
value (excluding Taxes, Duties, etc.) within twenty five (25) days from the date of intimation of the Order /
Contract. The Bank Guarantee must be drawn on a Nationalized / Scheduled Bank excluding Cooperative
Bank and should be valid up to four weeks beyond the end of the contractual / completion / Order validity
period. Please refer MDL website for the SD BG format OTS-F-08 (Bank Guarantee for Security Deposit).
No change / modification in the text of the prescribed BG format is permissible.
No interest will be paid on Security Deposit.
Please note that MDL does not extend any concession such as exemption in payment of Security Deposit etc.
to any organization irrespective of their status like registration with MDL, NSIC, SSI, etc.
PSU can submit Indemnity Bond in lieu of Security Deposit.
Any delay in submission of Security Deposit shall result into charging of interest by MDL on the Contractor
@ PLR + 2 % on the Security Deposit amount for the delayed period.
In case of failure to submit security deposit even after 25 days, MDL may take necessary action like forfeit of
EMD, invocation of risk purchase clause and cancellation of Order/ contract etc.
The Security Deposit will be returned only after successful execution of the order and shall be interest free. In
the event of failure to execute the order satisfactorily, the Security Deposit will be encashed by MDL
16. GUARANTEE: Not applicable.
17. PERFORMANCE BANK GUARANTEE: Not applicable.
18. The bidder shall also abide to all statutory requirements, Official Secret Act 1923, Security and Safety Rules
as per references, which are part of this tender. If contractors’ employees are not adhering to the health, safety
and environment norms and the contractors are not equipping their workers with suitable safety gears, per day
fine of Rs.10 per employee for non adherence to above will be levied to the contractor without prejudice to
other rights to enforce the safety requirements.
19. TAXES:
The items/service-wise rates quoted in the Price Bid sheet should exclude Taxes and Duties. Bidder should
indicate Taxes and Duties as applicable separately in the same Price bid sheet, which will be paid extra based
on tax invoice to the extent applicable.
20. LOADING CRITERIA:
It is desirable that the bidder accepts the Payment Terms indicated in clause 14 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.
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Part-A to MDL Tender no. 8000000548 date 13.01.2015 closing on 06.02.2015
21. PURCHASE & PRICE PREFERENCE:
No Price Preference shall be given to any bidder irrespective of his status.
22. MODIFICATIONS TO THE BIDS:
Bidders desirous of submitting modified bids prior to the closing date & time may do so by submitting
revised bid online not later than the deadline for submission of bids. Please note that modified bids shall be
submitted through E-Procurement system only.
23. WORKING ON MDL HOLIDAYS:
Intimation for working on Saturday / Sunday / holidays if required, should be submitted 2 working days prior
to the date of holiday indicating names of personnel to Personnel Department and Security through
concerned Department.
24. TERMINATION & RISK PURCHASE
If the equipment / article / service or any portion thereof be not delivered / performed by the scheduled
delivery date / period, any stoppage or discontinuation of ordered supply / awarded contract without written
consent by Purchaser or not meeting the required quality standards the Purchaser shall be at liberty, without
prejudice to the right of the Purchaser to recover Liquidated Damages / penalty as provided for in these
conditions or to any other remedy for breach of contract, to terminate the contract either wholly or to the
extent of such default. Amounts advanced or part thereof corresponding to the undelivered supply shall be
recoverable from the Contractor / Bidder at the prevailing bank rate of interest.
The Purchaser shall also be at liberty to purchase, manufacture or supply from stock or utilise the services
as it deems fit, other articles of the same or similar description to make good such default and or in the
event of the contract being terminated, the balance of the articles of the remaining to be delivered there
under. Any excess over the purchase price cost of manufacture or value of any articles supplied from the
stock, as the case may be, over the contract price shall be recoverable from the Bidder / Contractor.
25. 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 Supplier / Contractor shall pay liquidated damages,
a sum representing 0.5% (Half percent) per week or part thereof, subject to maximum of 5% of the
undelivered / unfinished portion of the order/ contract if the quantity is separable.
26. MDL will not be responsible for an error in downloading of tender documents from web by the bidders. The
Version appearing on MDL website will be considered final and authentic.
27. SPLIT / PARALLEL ORDER: Not Applicable
However, MDL reserves the right
a) To accept / reject 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.
b) To consider placement of Order I n part or in full against the tendered quantity.
28. Freak Low Quotes: In case after opening of price bid of technically cleared firms, it is noted that L-1 firm has
quoted very low rates and indicates to withdraw from the tender then EMD shall be forfeited and firm may be
given tender holiday including intimation to other PSUs. If the rates quoted are less than MDL estimates by
40% or so and if the difference in rate between L1 and L2 is 30% or more then the firm will have to give
additional BG of 20% of the PO value as additional security. Bank charges for this additional BG shall be
borne by MDL and reimbursed against proof of payment.
29. Contractors shall not engage employees of other contractors presently working in MDL & recorded at
Security Dept. The contractor can engage such employee if other contractor gives No Objection Certificate
for such engagement & cancel the name of such desirous employee from his roll & accordingly convey to
Security. The contractor engaging such employee without permission is liable for penalty including
termination of contract & forfeiture of Security Deposit. Such penalty can also be imposed if it is observed
that supervisors / Workers deployed by contractor are not on their roll as per statement submitted by him at
Security.
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Part-A to MDL Tender no. 8000000548 date 13.01.2015 closing on 06.02.2015
30. The contract will be governed by ST&CS 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 Annexures including ST&CS & GT&C.
31. Procedure for Entry Passes for the Contractor’s Employees: - A Detailed procedure is displayed on the
website www.mazagondock.gov.in under Work/Service Contracts→ Tenders.
32. In the event of placement of order on unregistered vendor, the firm will apply for registration through Shri
Nitin Karandikar, DGM / HOS (OTS), Tel No. 23763404 within one month from placement of order.
33. NON-DISCLOSURE AGREEMENT: After placement of order, Drawings/Technical manuals/ relevant
documents will be provided by Planning Dept., East Yard, MDL / Nominated Dept. of EY only on execution
of Non-disclosure Agreement in enclosed format on Rs 200/- non judicial stamp paper. The
drawings/documents such issued shall be on returnable basis, without reproduction/retention of the copies at
the bidder's end.
34. FREE ISSUE MATERIAL(FIM): Not Applicable.
35. PUBLIC GRIEVANCE CELL: A Public Grievance Cell headed by Shri. S.D Kajawe. General Manager (FCA) 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 3rd floor, Mazadock
Building or send their complaints / grievances to him in writing for redressal. Contact Telephone No is
23762106
Prior to submission of your quotation, you are requested to visit the site and if any technical clarification
is required, you may contact Shri Satyapal Singh Bhadauria (Chief Manager –Plg-EY), Phone No is
23763603, email id: [email protected]
We look forward to receive your most competitive and reasonable offer against this tender.
Thanking you,
Yours faithfully,
For MAZAGON DOCK LIMITED,
MANAGER
(OUTSOURCING DEPARTMENT)
ANNEXUREs:
ANNEX-I Scope of Work
ANNEX-II (Format for rate Sheet - Only for illustration purpose; Actual quotes to be entered online)
ANNEX-III - Sample Quality Assurance Plan
ANNEX-IV - Responsibility Matrix
ANNEX-V - Format of Non Disclosure Agreement.
References: Available on MDL Website - www.mazagondock.gov.in/ →Work/Service Contracts
or
www.mazagondock.gov.in → tenders → shipbuilding → Outsourcing
1) Standard Terms & Conditions (STACS)
2) General Terms And Conditions while executing work.
3) Official Secrets Act 1923
4) Safety Code for Sub-Contractors.
5) Loading Factor
6) Procedure for entry passes
Formats: (Available on MDL Website - www.mazagondock.gov.in/ →Work/Service Contracts
1) OTS -F-01 Tender Enquiry (TEF) Acceptance Format.
2) OTS -F-02 General Terms And Conditions (GT&C) Acceptance.
3) OTS -F-03 Standard Terms & Conditions (STACS) Acceptance Format.
4) OTS -F-04 Track record.
5) OTS -F-05 Bank Guarantee for E.M.D.
6) OTS-F-08 (Bank Guarantee for Security Deposit)
7) OTS-F-11 (ECS details)
8) OTS -F-12 RTGS/NEFT Mandate Authorisation Form.
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Part-A to MDL Tender no. 8000000548 date 13.01.2015 closing on 06.02.2015
ANNEXURE-I
SCOPE OF WORK FOR HIRING OF SERVICES FOR COMMISSIONING OF BATTERY FOR
BOAT1 PROJECT (75)
1) Description of Works
Hiring of services for the commissioning of Main Battery for Boat-1 (P75) at Battery Commissioning Facilities
(Sewri).
2) Technical data of each cell:
Type of cell:36PS13I, Height over potential terminal:1325mm,
Width:360mm(W),Length:500mm(L),Weight(Filled):Max.700kg.
3) Pre-Qualification criteria:
The subcontractor should have experience in preparing electrolyte & charging submarine battery (Type of cell:
36PS13I or equivalent) & should have qualified manpower with min 2 yrs of experience in charging & handing
lead acid submarine battery or equivalent battery with qualification as follow.
- Supervisors (Diploma-Electrical)- min. 01nos.
- Electricians - min. 4 nos. each should have ITI qualification .
. Crane , forklift operator-min 1 nos.
4)
Subcontractor's Scope of Work:
4.1
Activity:
1. Unloading of Batteries from transport , handling of sulphuric acid & DM water, and internal shifting of
battery to racks.
2. Decrating of battery boxes, physical and visual checks of batteries and cold checks for Battery.
3. Shifting of battery to charging racks. Alignment of each cell on charging rack .While aligning each cell on
the rack, contractor should ensure that maximum tilting angle should be within 40 to 45 deg. for <= to 10
min. this limit has to be follow strictly. Contractor will ensure that serial no of dry cell on the rack should
be kept in the sequence as instructed by user.
4. Fitting of copper link, operating plug, cooling pipeline, agitation pipeline & level indicator.
5. Manual poring of sulphuric acid in tank and Preparation of electrolyte will be in Subcontractor’s scope.
(Sample testing of concentric acid & DM water prior to electrolyte preparation is in MDL scope).
Subcontractor has to flush out the connecting acid entire pouring pipe line.
6. Pouring of electrolyte in batteries. Check for any cracks while pouring electrolyte.
7. Watch keeping for recording battery parameters during commissioning of batteries round the clock in
three shift.
8. Contractor will ensure that during the entire commissioning of batteries the electrolyte level should never
go less than demarked level. If required he may have to add electrolyte as per the requirement.
9. At the same time he has to ensure that Density of electrolyte remains within acceptable range as specified
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Part-A to MDL Tender no. 8000000548 date 13.01.2015 closing on 06.02.2015
in the WI/Technical manual.
10. Delinking of batteries, removal of vent plug, cooling pipes, level meter etc.
11. Altering of batteries, cleaning of batteries.
12. Shifting of batteries to work areas for cold checks & inspection.
13. Loading of batteries on lorries for transportation.
14. While loading/unloading of cell, contractor should strictly follow the instruction given in technical
manual.
15. All relevant medical supplies for emergency have to be arranged by contractor at site apart from personal
protection gears.
4.2
Material
Subcontractor has to arrange following materials.
1. Acid proof protective clothing for personnel, sanitary accessory, lockers for personal,
2. Acid proof hand gloves/aprons, face shield, safety shoes, acid proof masks .
3. Tool kit for measuring battery, acid and electrolyte parameter i.e PH meter, conductivity meter, litmus
paper & filter paper for chemical analysis of DM water.
4. Digital hydrometer, multimeter, tong tester (500Volt) each 04 set. Calibration certificate need to be
submitted in advance with validity of calibration date together with sr. no. of item.
5. All the necessary PPE(Personnel Protective Equipment) required for working in dangerous
chemicals, acid, hazardous processes & heavy pay load areas.
5) MDL /BCF(Sewri) Scope of Work
1. Fork Lift & lifting/shifting materials will be provided by MDL/BCF.
2. Accessory (i.e. Cooling water nipples with flexible pipe, acid level indicator, Transport plug, operation
plug) for commissioning of battery will be provided by MDL.
3. Power supply - 440 Volts, 220 Volts & 110 Volts for tools and equipment. Subcontractor has to take
connection from the power supply points shown by BCF (Sewri). However, lead wires and bulbs to be
arranged by the contractor. Additional Lighting arrangement at the site (apart from general lighting at W/s)
is to be provided by the subcontractor as per requirement. Battery charging facility (Battery charger &
monitoring panels) at BCF(Sewri) shall be used for battery charging.
6) General Requirement
6.1) Manpower
a) Tentative deployment of manpower for execution of work are as follow.
i)
01(sup)+10 (electrician) for 60 days in day shift
ii) 03(sup)+15(electrician) in three shift for 40 days
iii) 01(sup)+10(labour/utility hand) in day shift for 20 days for preparation for transportation, loading
& unloading of batteries.
b) Subcontractor should deploy well qualified with relevant work exposure
supervisors with min.
Diploma- electrical engineering with min. 02 years of experience & Electrician (ITI) with min. 02
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Part-A to MDL Tender no. 8000000548 date 13.01.2015 closing on 06.02.2015
years of experience . Supervisor should be at least one in each shift. Forklift operator should be one in
each shift.
6.2) Mobilising
a)
A lot of preparatory work is involved for the above scope, so the firm should be capable of
mobilizing the required manpower and associated materials within 15 days from date of placement of
order.
b) Obtaining police verification/clearance for each personnel being deputed to BCF (Sewri) is a
pre-requisite for issue of Security pass for entry. The firm should arrange/furnish all
requisite documents to Security department immediately on receipt of Order. Firm can
contact BCF/MDL-PLG(EY)/Security Department for guidance.
c) To control his personnel and be responsible for timely execution of job with all safety
measures for personnel and materials.
d) Any other requirement / IMS compliant will be met by the subcontractor
6.3) Documents
Any documents which are required to fulfill the above scope shall be referred by the subcontractor within
MDL/ BCF(Sewri) premises only.
7 .0) Record Keeping and Documentation
a) Proper daily manpower deployment, obtaining permission to work on holiday ,Saturday and
Sunday (if required),work done records to be maintained by the subcontractor and should be
duly signed by OIC or officer nominated by OIC of concerned workshop/ work area.
b) Log book of each cell has to be maintained by the subcontractor along with serial no of cells,
conservation and cold check readings.
8.0) Quantum of works
Sr.
Description of works
Unit
Quantity
1
Unloading ,loading & Shifting of 360 cells & Accessory
*AU
1
Nos.
360
Nos
360
2
3
Decrating of cell boxes & visual checks for observation, if any.
Battery commissioning including watchkeeping
*Activity Unit
Detail Descriptions of works:
Sr.No.1 Unloading , Shifting & loading of cells
It comprises of following activity
1) Unloading of 360 nos. of cells, sulphuric acid (Approx.50 Tons), DM water (Approx.200Tons)
& accessory . Shifting to work areas from lorries.
2) Shifting of cells from work areas to charging racks & shifting of cells from charging racks to
work area.Preparation of cell for transporting & loading of 360 nos. of cells on lorry.
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Part-A to MDL Tender no. 8000000548 date 13.01.2015 closing on 06.02.2015
Sr.No. 2 Decrating of battery boxes & checks on cells
It comprise of following activity.
1) Decrating of battery boxes,
2) Physical/visual checks on batteries & cold checks.
Sr.No.3 Battery commissioning including watchkeep.
Commissioning of cell comprise of following activity.
1) Fitting of copper link, cooling and agitation pipelines, level indicator.
2) Manual poring of sulphuric acid in tank, preparation of electrolyte.
3) Pouring of electrolyte in batteries (approx.142L per cell).
4) Watch keeping for recoding battery parameters during commissioning/charging of batteries
round of clock in three shifts.
5) Checking of electrolyte level during the entire commissioning of batteries .It should never go less than
demarked level. If required they may have to add electrolyte as per the requirement.
6) Delinking of batteries, removal of vent plug, cooling pipes, level meters etc.
9.0) Safety Precautions
1) All personnel deployed by the subcontractor should use PPE all the time, while working inside
the workshops and while working within and outside BCF (Sewri).
2) The subcontractor shall observe all necessary safety precautions to safeguard their own
Personnel and that of others, plant & machinery, equipment and completed work at site. He will
comply with all the requirements of safety norms as per prevailing laws
3)
The subcontractor should take any other necessary safety precautions as per MDL safety
rules/procedures which are not mentioned in SOW.
10) Tentative Contract Period: 01 April.2015 to 31st July2015
11) DRAWINGS:
1) All drawings and relevant documents (Standard DCNS documents), Work instructions for Batt. Commissioning
and others sharing of data with bidder as applicable, only on execution of Non-disclosure Agreements (NDA),
2) No technical drawing & relevant document required for quoting bid. However if require bidder can visit site to
better understand the JOB.
12) Parallel Contract - NA
13) FIM
- NA
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Part-A to MDL Tender no. 8000000548 date 13.01.2015 closing on 06.02.2015
ANNEXURE-II
Rate Sheet
(Only for Illustration Purpose , Bidders shall quote rates online only)
Sl
(1)
1
Activity
Type of
Total Value
Total
Unit of Unit Rate
tax/duties
% of
without taxes
with
Qty measure without
applicable applicable
(Rs.)
taxes
ment taxes (Rs)
i.e, service
tax
(3)X(5)
(Rs)
Tax etc
(3)
(4)
(5)
(6)
(7)
(8)
(9)
1
*Au
(2)
Unloading ,
loading & Shifting
of 360 cells &
Accessory
2
Decrating of cell
360 Nos.
boxes & visual
checks for
observation, if any
3
Battery
360 Nos.
commissioning
including watch
keeping
Grand total
T=
Bidders Confirmation: It is confirmed that the quantum, quality and nature of work has been ascertained by
visiting the site.
*Au-Activity Unit
Note:
1. Price evaluation for arriving at lowest bidder (L1) will be on grand total value “T” at column ‘6’
2. Bidders must quote for all items i.e, all items are mandatory.
3. The quoted prices must be inclusive of all expenses to be incurred by the contractor for the scope of work as per
the tender’s requirement.
4. Quantity shown at column 3 is indicative. However, Payment will be made for actual quantity of work executed,
as certified in WCC
5. Your rates shall be exclusive of taxes and duties, which are to be indicated separately. Taxes and duties as
applicable will be paid to the contractor, who have relevant registration number to be quoted on the tax invoice.
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Part-A to MDL Tender no. 8000000548 date 13.01.2015 closing on 06.02.2015
ANNEXURE-III
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Part-A to MDL Tender no. 8000000548 date 13.01.2015 closing on 06.02.2015
ANNEXURE-IV
Responsibility Matrix for hiring service for commissioning of battery for Boat-1 at
Sr. No.
Activity
7
8
9
10
11
12
Proper daily manpower deployment, work done
records to be maintained
Arrangement of Gate pass for personnel
Issue of drawings, Jobs Instructions as per activity define
in SOW
Transport like Hand Cart, Jumbo, Fork Lift, EOT
Crane/ Mobile Crane/Fork Lift/Battery operated
pallet truck .
Carryout jobs as defined in SOW Quantum of work
Tested and good condition Wire Rope Slings, Fibre
Slings, ’D' Shackles, Chain Pulley Blocks, Rope,
Plate Clamps, Eye Bolts of various capacities for
lifting/shifting of items/materials .
Certificating WCC
Submission of QAP
Approval of QAP
Submission of invoices for payment
Payment for work carried out
Following of all safety norms and procedure
13
Safety equipment for own work
14
Produce proof of Qualification of hired personnel
15
3-phase,415V and Single phase 230V Raw power supply
at 50HZ frequency.
1
2
3
4
5
6
16
Calibrated testing/measuring instruments (Digital
hydrometer, multimeter, tong tester etc )
BCF
Responsibility
SubMDL/BCF
contractor
Note: - This is only for understanding the SOW. But SOW takes precedence over Responsibility Matrix in
case of ambiguity.
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Part-A to MDL Tender no. 8000000548 date 13.01.2015 closing on 06.02.2015
ANNEXURE-V
NON DISCLOSURE AGREEMENT
(NDA to be executed on a non-judicial stamp paper of Rs. 200/- denomination)
THIS NON DISCLOSURE Agreement made at Mumbai, India on this ____________ day of _________2014
between Mazagon Dock Limited a company registered under the Companies Act, 1956 and having its registered
office at Dockyard Road, Mumbai-400 010 (hereinafter referred to as “MDL”) and
_______________________________________________a company registered under the Companies Act, 1956
and having its registered office at_____________________________________________(hereinafter referred to as
“____________________”).
MDL and __________________ shall hereinafter be collectively referred to as “the Parties” and individually as “a
Party”.
WHEREAS
A*. MDL has floated a tender and is required to provide certain information to (name of the bidder) to prepare his
bid and/or
AA **. The Parties are considering to enter into a _______________________for which each Party shall provide
information (“Disclosing Party”) to the other Party (“Receiving Party”) which at present is confidential and not in
the public domain.
B. The Parties intend that the aforesaid information be kept confidential as between the Parties. The Parties
undertake and declare that they shall not divulge, publish or reproduce the same before any party or person except
in accordance with the terms of this Agreement.
NOW THEREFORE the Parties agree as follows:
1. As used in this Agreement (hereinafter referred to as the “Agreement”) the term “Confidential Information”
shall mean any technical, confidential, proprietary or trade secret information or data disclosed by the Disclosing
Party in connection with the_________________________________ to the Receiving Party including without
limitation any written or printed documents, specifications for the vessel, plans, general arrangement plans,
production schedules, drawings, samples, models, information regarding business operations, financial
information, marketing strategies, either in writing or orally or any means of disclosing such Confidential
Information that the Disclosing Party may elect to use prior to the execution or during the validity of this
Agreement. The Receiving Party agrees that all Confidential Information shall be treated as absolute confidential
and the Receiving Party shall not disclose to any person such information otherwise than in terms of this
Agreement. The Receiving Party will impose a similar duty of confidentiality on any person to whom the
Receiving Party is permitted to transfer such information in accordance with the terms hereof.
For the purposes of this Agreement, the term “Receiving Party” shall mean and include its officers, employees,
directors, agents, contractors, representatives, affiliated companies, successors and assigns.
2. Nothing in this Agreement may be construed as compelling the Disclosing Party to disclose any Confidential
Information to the Receiving Party or to enter into any contractual relationships with the Receiving Party.
3. Any information or data in whatever form disclosed by the Disclosing Party to the Receiving Party and which (i)
is clearly identified as Confidential Information by an appropriate and conspicuous marking or (ii) has been
identified as Confidential Information at the time of disclosure shall be subject to the relevant terms and conditions
of this Agreement. The Disclosing Party’s decision whether any information disclosed by it under this Agreement
is confidential or not shall be final and binding on the Receiving Party.
4. The Receiving Party hereby covenants that the Confidential Information received from the Disclosing Party
shall:
(a) Be safely kept by the Receiving Party; the Receiving Party shall protect the Confidential Information with the
same degree of care as the Receiving Party uses with its own confidential information in order to prevent its
disclosure, copy and / or its use (but in no event less than reasonable care) for purposes other than the Proposal.
(b) Be only disclosed to, and used by, those employees or directors who have a need to know.
(c) Not be disclosed to a third party except those with a need to know provided they receive such information
subject to the same restrictions as are contained in this Agreement.
(d) Be used by the Receiving Party directly or indirectly, solely for the purpose of considering, evaluating and
effecting the tender/bid/contract.
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Part-A to MDL Tender no. 8000000548 date 13.01.2015 closing on 06.02.2015
5. The Receiving Party shall promptly upon requests by the Disclosing Party at any time return all copies of the
Confidential Information communicated to it hereunder together with all copies and extracts made thereof and shall
not retain any copies of the same, in any form whatsoever.
6. The Receiving Party shall have no obligations or restrictions with respect to:
(a) Information publicly known through no wrongful act of the Receiving Party.
(b) Information rightfully disclosed by a third party without breach of this Agreement by the Receiving Party and
which can be communicated without restriction.
(c) Information which was already known or which was independently developed by the Receiving Party (provided
that the Receiving Party can demonstrate the same).
(d) Information, the disclosure of which the Disclosing Party authorizes in writing.
7. Nothing in this Agreement shall be construed as granting to the Receiving Party any patent, copyright or design
license, or rights of use under similar intellectual property rights in respect of the Confidential Information.
8. The Receiving Party shall not without prior written consent of the Disclosing Party:
(a) Disclose to any person, directly or indirectly:
i) The fact that the Confidential Information has been made available to the Receiving Party by the Disclosing
Party or that the Receiving Party has inspected any portion of the Confidential Information; or
ii) The fact that any discussion or negotiation is taking place concerning the Proposal; or
iii) Any of the terms, conditions or other facts with respect to the Proposal, including the status thereof; or
(b) Make any private or public announcement or statement concerning or relating to the Proposal.
09. The Disclosing Party represents and warrants that save as otherwise notified in writing to the Receiving Party:
a) Disclosure of information by it to the Receiving Party does not infringe the rights of any third party nor is it
under any restriction with regard to the disclosure of any information, and that where applicable, it has obtained all
licenses and consents necessary to enable the lawful disclosure of information by it to the Recipient; and
b) It is not aware of any restriction on the use of such information by the Receiving Party, save as provided in this
Agreement.
c) To the effect that the foregoing representations and warranties shall be deemed to be given at the date of this
Agreement and after that date upon and in respect of each disclosure.
The Disclosing Party makes no warranty or representation whatsoever as to the accuracy, completeness, suitability
or adequacy of any information or as to the results obtained from it and assumes no responsibility in respect of the
use of the information by the Receiving Party.
10. The Receiving Party shall indemnify and hold harmless the Disclosing Party from and against any action, claim
or proceeding and any loss, damage, costs, expenses or liabilities arising out of any such action, claim or
proceeding, brought by any third party pursuant to any unauthorized disclosure or use of any information by the
Receiving Party, or by any person for whom the Receiving Party is responsible under this Agreement, or pursuant
to any breach of any undertaking, warranty or representation contained in this Agreement.
11. For the purposes of this Agreement ‘Classified Information’ shall mean information, documents and material of
any kind which the respective Government i.e. Indian Government has given or caused to be given a security
classification irrespective of whether the same is transmitted orally, electronically, in writing or by hand.
Notwithstanding any other provision of this Agreement:
a) Each Party hereto undertakes to follow security procedures prescribed for military purposes with respect to
disclosure, receipt, production, use and handling of Classified Information.
b) Any Classified Information, disclosed by one Party hereto shall be, whatever the method of disclosure be,
identified by the Disclosing Party as Classified Information at the time of disclosure.
c) The provisions of this Clause are to remain in full force and effect notwithstanding any termination by expiration
or otherwise of this Agreement.
12. In the event the Receiving Party is required to disclose Confidential Information under any provision of law or
upon an action, subpoena or order of a court of competent jurisdiction or of any requirement of legal process
regulation or governmental order, decree, regulation or rule, the Receiving Party will immediately notify the
Disclosing Party of its having received a request to so disclose (alongwith the terms and circumstances thereof),
unless otherwise prohibited by law and consult with the Disclosing Party on action or steps to be taken in response
to such request.
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Part-A to MDL Tender no. 8000000548 date 13.01.2015 closing on 06.02.2015
13. This Agreement represents the entirety of the agreement of the Parties relating to the disclosure of the
Confidential Information and shall not be waived, amended or assigned by the Receiving Party except by prior
written consent of the Disclosing Party. No failure or delay by any party in exercising any right, power or privilege
hereunder shall operate as a waiver thereof nor shall any single or partial exercise of any right, power or privilege.
The rights and remedies herein provided shall be cumulative and not exclusive of any rights or remedies provided
by law.
14. This Agreement shall be valid for a period of __________(______) years from the date of its execution
between the parties. Notwithstanding the aforesaid, the obligations of Parties in connection with confidentiality
under this Agreement shall survive in perpetuity.
15. The foregoing constitutes the entire Agreement between the Parties with respect to the subject matter hereof
and supersedes and cancels any prior representation, understanding and commitment (whether oral and written)
made between the Parties with respect to or in connection with any of the matter of things to which this Agreement
applies.
16. This Agreement shall be governed by and shall be interpreted in accordance with the laws of India.
17. Any dispute arising in connection with or out of the validity, performance or the interpretation of this
Agreement shall be finally settled by the competent jurisdiction in Mumbai.
18. The Receiving Party acknowledges that any breach of the terms and conditions of this Agreement may cause
the Disclosing Party irreparable damage for which recovery of money damages would be inadequate. Therefore,
the Receiving Party agrees that the Disclosing Party shall be entitled, in addition to any other remedies available to
it, to seek injunctive relief and/or other equitable relief to prevent or restrain any breach by the Receiving Party or
its employees/officials, or otherwise to protect its rights, under this Agreement.
19. Unless otherwise provided herein, all notices or other communications under or in connection with this
Agreement shall be given in writing and may be sent by personal delivery or post or courier or facsimile at the
address as specified herein below:
To MDL
Address:
Phone No.:
Fax:
E-mail:
To __________
Address:
Phone No.:
Fax No. :
E-mail:
Any such notice or other communication will be deemed to be effective if sent by personal delivery, when
delivered, if sent by post, 4 (four) days after being deposited in the post and if sent by courier, one day after being
deposited with the courier, and if sent by facsimile, when sent (on receipt of a confirmation to the correct facsimile
number).
IN WITNESS WHEREOF, this Agreement is executed by authorized representatives of both the Parties in two (2)
originals.
Signed by the within named
Signed by the within named
MDL ______________________
_________________________
__________________________
___________________________
In the presence of
In the presence of
* - A: Pre-submission of Bid
**- AA: Post Entering of Contract
*****
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