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Tender No. 1500001104
Page 1 of 43
PART ‘A’ - TERMS & CONDITIONS OF
TENDER NO. 1500001104 dated : 21.01.2015
closing date : 04.02.2015 at 14.00 Hrs
Mazagon Dock Limited
(A Govt. of India Undertaking)
Dockyard Road, Mumbai 400 010.
DIVISION
- DEPARTMENT
SHIPBUILDING - PROJECT
COMMERCIAL-P15A
Tender Fee: NIL
EMD: N.A.
This tender to be filled through E-tendering only. If Website – www.mazagondock.gov.in
offer received other than e-procurement/e-tendering
will not be considered.
Fax: 022-2373 8147
Phone: 022-2376 3358
Issue of Tender Enquiry Document: The Tender Enquiry can be downloaded from our website
‘www.mazagondock.gov.in’.
1.
MAZAGON DOCK LIMITED INVITES COMPETITIVE BIDS from reputed Bidders / Suppliers in
TWO BID SYSTEM (Part-I Techno- Commercial Bid and Part-II Price Bid) for the Supply of
Rigging Items for Yard 12702 & 12703 :
Description of Work / Supplies / Services:
Sr.
No.
1
2
3
4
5
6
7
8
9
10
11
Item Description
Yard-12702
Quantity
RIGGING ITEMS- THIMBLES (OPEN TYPE), DRG NO.
DPIN/11572, PATT.NO. 0263/414-2980
16 No
16 DIA ROPE (Mat. No. 150000000000025960)
RIGGING ITEMS- D' SHACKLES 35 DIA BOLT
PATTERN NO. 0263/721-6092
4 No
(Mat. No. 150000000000025961)
RIGGING ITEMS- BOW SHACKLES DRG NO.
DPIN/11587, PATT.NO. 0263/721-6103 16DIA BOLT
24 No
(Mat. No. 150000000000025962)
RIGGING ITEMS- BLOCKS-BLOCK SNATCH WITH
D'SHACKLE (IN ONE ASSEMBLY) DGS 003500566/01
SPEC 2572(SRBF) DRG NO.DPIN/11585
4 No
PATT.NO FOR SNATCH BLOCK 246/190-6915
PATT.NO FOR 'D' SHACKLE 0263/721-6092 (Mat. No.
150000000000025963)
RIGGING ITEMS-SLIP FOR RIGGING AS PER PATTEERN
1 No
NO. 0263/414-9831 (Mat. No. 150000000000025964)
RIGGING ITEMS-SPRING HOOK(HOOK HOIST) AS PER
PATTERN NO.0263/539-3525
1 No
(Mat. No. 150000000000025965)
RIGGING ITEMS- 3 STRAND POLYPROPYLINE ROPES 16MM DIA AS PER IS:5175
660 Meter
(Mat. No. 150000000000017232)
RIGGING ITEMS-3 STRAND NYLON ROPES -24MM DIA
520 Meter
AS PER IS:4572 (Mat. No. 150000000000017688)
RIGGING ITEMS-3 STRAND NYLON ROPES - 32MM DIA
110 Meter
AS PER IS:4572 (Mat. No. 150000000000017689)
RIGGING ITEMS- 8MM DIA STEEL WIRE ROPES
PATTERN NO. 0231/571-5220 (6x36) AS PER - IS: 2581 60 Meter
(Mat. No. 150000000000017689)
10 Meter
RIGGING ITEMS- 24MM DIA STEEL WIRE ROPES
Yard-12703
Quantity
16 No
4 No
24 No
4 No
1 No
1 No
660 Meter
520 Meter
110 Meter
60 Meter
10 Meter
Tender No. 1500001104
AS PER IS:2581 (Mat. No. 150000000000017850)
RIGGING ITEMS- 28MM DIA STEEL WIRE ROPES
PATTERN NO. 0231/571-5227 (Mat. No.
150000000000017851)
12
Page 2 of 43
10 Meter
10 Meter
NOTE :
i) Item details & drawings & details are applicable as per ‘Enclosure-1’ of the
tender.
ii) Bidders are requested to contact ‘Mr. Sayyed H.B., Manager (SB-DESIGNOUTFIT) (Contact No 022-23763370, 09892668184)’ for any clarification
regarding Drawings, Technical details, Pattern No details etc. before tender
closing date.
iii) Authorised representatives of quoting firms can attend Part - I tender opening with
authority letter at 1400 hrs. on tender closing date in P15A - Commercial department,
4th floor, Service Block Building.
2. (a)
A direct quote by OEM is preferred so that Excise Duty Exemption Certificate shall
be issued in favour of OEMs. In case OEM desires to supply the items through their
authorised dealer / distributors / representatives, they should indicate the same in
their techno commercial part of the quote. However, order shall be placed on OEM
and Excise Duty Exemption Certificate shall be provided to OEM only.
(b)
3.
If quotation received from authorized dealer / distributors / representatives Excise
Duty Exemption Certificate shall not be issued to dealer / distributor/
representatives. But adequate documentation is required in the techno commercial
offer itself to indicate authorised dealership and only then Excise Duty Exemption
Certificate shall be issued to OEM.
Pre-Qualification Documents and Criteria:
All bidders should upload the following documents along with their offer. The bids shall
be evaluated based on the following information to be submitted by the bidders along
with the bids.
i)
Bidders Company Profile and Shop & Establishment registration certificate or
registration certificate from local bodies for conducting business.
ii)
List of equipment held by them with model / year / working status along with
details of their manufacturing facilities and personnel with designation,
qualification and experience to determine their capabilities. NSIC / SSI registered
bidders are requested to submit the valid registration certificate indicating the
capacity alternatively.
iii)
Audited / Certified Balance sheet, Profit / Loss account for past 3 years.
iv)
Bidder’s average turnover during last 3 years should be at least Rs. --------. If any
cash transaction included in turnover (Statement of Profit & Loss), the same will
not be considered for turnover value.
v)
Value of supplies during last three years should not be less than Rs --------. (Order
copies & work completion certificates to be appended).
Note: a) Bidders registered with Mazagon Dock Limited should furnish copy of valid
registration certificate.
b) MDL registered bidders need not upload the documents mentioned at i, ii & iii.
However Documents mentioned at iv & v are mandatory for every bidder. MDL has
a right to verify / cause verification of authenticity of the said documents
whenever felt necessary. MDL reserves the right to ask for hard copies of above
documents.
4.
Earnest Money Deposit (EMD) / BID BOND: N.A.
Tender No. 1500001104
Page 3 of 43
5.
Validity Period: Bids / Offers shall have the validity period of 60 days from the tender
closing date. A bid valid for a shorter period will be liable for rejection.
6.
Submission of offer in Two Bid System: On line submission of bids in two - bid system
: Bids must be in Two parts i.e. Part – I( Techno-Commercial bid ) & Part - II ( Price bid )
as appearing online :
Part I & part II must be submitted through e-tendering only. If offer received other
than e-procurement/e-tendering will not be considered.
Part I will contain the following (Note: Following documents should be page numbered
from first page to last page like 1/x to x/x):
i)
ii)
iii)
iv)
v)
vi)
vii)
viii)
ix)
x)
7.
Bid Rejection Criteria:
A.
i)
Following bids shall be categorically rejected:
The Bids received other than e-procurement/ e-tendering.
B.
i)
Following bid rejection criteria shall also render the bids Liable for Rejection.
Bidder’s failure to submit sufficient or complete details for evaluation of the bids
within the given period even after reasonable time.
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 received without pre-qualification documents where required as per the
tender.
Bids not meeting the pre-qualification parameters stipulated in the tender
enquiry.
Unreasonably longer delivery period quoted by the firm.
Validity period indicated by bidders is shorter than that specified in the tender
enquiry.
Bidders not agreeing to furnish Performance Bank Guarantee for Equipment
supplied / Services rendered or not agreeing for retention of equivalent amount
by MDL up to the period till completion of contractual & Guarantee / Warranty
obligations.
ii)
iii)
iv)
v)
vi)
vii)
viii)
8.
Technical Bid in Original
Acceptance on clauses of Tender Enquiry, GT&C in the Prescribed Formats duly
filled ‘Accepted OR Deviated’ as applicable for each of the clause.
STACS Acceptance in the Prescribed Format duly filled Accepted OR Deviated’ as
applicable for each of the clause.
Price schedule BLANKING the PRICES but clearly indicating ‘QUOTED /
UNQUOTED’ as applicable against each of the listed item in the prescribed format
shall be uploaded.
Deviation Sheet in the prescribed format in case of any deviations from Terms,
Conditions & Technical requirements specified in the STACS, Tender Enquiry &
GT&C.
Bidders / Vendors should submit the additional documents as applicable and
described at Para 3 above.
Copies of valid Registration or Approval certificates in case of Bidder’s firms
registered with MDL/ NSIC.
Bank details for payment by RTGS/NEFT/ECS in the format to be uploaded.
Scanned image of PAN card shall be uploaded.
Enterprise status (if any) to be indicated in Part-I: Micro/Medium/Small.
Delivery Period / Completion Schedule :- Time is the essence of the contract. Material
shall be delivered within period as specified below from the date of placement of order.
Bidders are requested to confirm the delivery schedule in their offer.
Tender No. 1500001104
Page 4 of 43
Yard No.
Delivery required in MDL
12702
4 Weeks from the date of placement of order
12703
12 Weeks from the date of placement of order
If above delivery dates are not confirmed, the minimum time required is to be indicated.
The rate quoted shall be loaded accordingly.
9.
Pricing: In all other cases the pricing will be firm and fixed except the following cases:
9.1
Price Variation Clause (PVC): Not applicable.
9.2
For Indigenous Bidders: Indigenous Bidder shall quote the prices of all items /
services listed in the price sheet format of the tender enquiry for delivery of the items in
MDL store / completion of the work at MDL site. The prices quoted shall remain firm and
fixed during the currency of the order / contract unless agreed otherwise by MDL.
9.3
For Foreign Bidders: Bidder shall quote the prices on the FOB Port of dispatch
basis only. Prices on the basis of FOB factory or ex-works and CIF basis are not
acceptable. The percentage Loading on FOB till door delivery will be done to ascertain
the cost of transportation for ranking of the bids. The prices quoted shall remain firm
and fixed during the currency of the order / contract unless agreed otherwise by MDL.
Needless to state that the delivery terms by way of high Sea sale/sale in transit are not
acceptable.
10.
Terms of Payment:
10.1
10.2
10.3
10.4
Payment Terms:
It may be noted that variations proposed by the bidders will be normalized at PLR
rate of SBI plus 2% to evaluate the bids for ranking in the case of indigenous
bidders. For overseas bidders, the bids will be normalized at LIBOR / EURIBOR
rate plus 2% for ranking of the bids.
Advance: Not Applicable
Indigenous Bidders: All payments due will be made through RTGS/NEFT.
For items involving long-lead time / gestation period / developmental orders.
(i)
No payment of advance.
(ii)
90% payment within 25-30 days from the date of receipt and
acceptance of the items in MDL.
(iii)
Balance 10% on submission of Performance Bank Guarantee valid
up to guarantee/ warranty period plus one month or on expiry of
guarantee/ warranty period.
(iv)
Part delivery and part payment shall not be acceptable.
For other Items - Indigenous:
Payment through RTGS/NEFT between 25 to 30 days after receipt of complete set
of the items / Equipment, spares, work completion certificate etc as per the
ordered terms and against submission of documents in Triplicate including
Delivery challan(s), Release note from the nominated Inspection Agency, Test
reports / Certificates, Packing Lists, Invoice, Performance Guarantee, Storage /
Preservation / Installation / Commissioning / Maintenance Procedures & other
Technical documentation in requisite sets as relevant. Bidders shall furnish all the
necessary details like name of the bank / branch, branch code No, bank account
no in their technical bid as per the RTGS/NEFT format provided with the tender
enquiry.
10.5 For Foreign Bidders:
10.5.1 Payment through L/C: Payment against irrevocable letter of credit (L/C)
established through our bankers as per format at Appendix 6. For opening L/C,
vendors should essentially furnish their clear & timely acceptance of the order.
For opening L/C, all charges outside India shall be borne by the Beneficiary
Tender No. 1500001104
Page 5 of 43
(supplier). In case supplier seeks L/C amendment for no fault of MDL or requires
confirmation of L/C then all charges towards L/C amendment or confirmation of
L/C respectively shall be borne by the supplier. L/C will allow payment on timely
presentation of following documents through bank. Opening of L/C shall be
before one month of the schedule for despatch or before such period as may be
discussed and mutually agreed to in the PNC (Price Negotiations). The time limit
for opening of L/Cs and / or amendment for L/C shall be 7 days.
For Items:
i)
Set of Original + 2 Copies of signed Invoice showing itemwise prices as per
the order.
ii)
Set of Original + 2 Copies of signed packing List clearly showing list of
items packed.
iii)
Set of Original + 2 Copies Clean on Board Bill of Lading OR Air Way Bill
Made in the name of MDL’s Bank and Marked as freight to pay.
iv)
Set of Original + 2 Copies Certificate of approval OR Release Note from
MDL nominated Inspection agency.
v)
Certificate of country of origin in Original + 2 Copies.
vi)
Original + 2 Copies of Warranty Certificate in prescribed format.
vii)
Performance Bank Guarantee in Original + 2 copies.
viii)
Original + 2 Copies of all Manufacturer’s Test Certificates (MTCs) /
Reports, Drawings, Manuals, Procedures etc as relevant to the ordered
item.
ix)
Certificate confirming that supplier has couriered / despatched _______
sets of Non Negotiable Documents comprising of all Test reports / MTCs,
Technical Documents, Drawings, Manuals, Procedures etc and of Signed
Invoices, Packing Lists, Bill of Lading/AWB, MDL nominated Inspection
Agency’s Certificate of approval, Country of Origin Certificate, Warranty
Certificate, Performance Bank Guarantee, directly to MDL.
x)
Original + 2 Copies of the Certificate issued by the classified society
confirming seaworthiness of the vessel and that the shipment is made on
vessels of not more than 15 years vintage. (Applicable in case of CIF
contracts / orders agreed by MDL)
xi)
Certificate issued by MDL confirming that the delivery is made in time and
no penalty is applicable OR in case of delays, admissible amount of
penalty will be specified by MDL in this certificate for reduction of equal
amount from supplier’s invoice. (MDL will issue this certificate generally
by FAX immediately on receipt of signed copy of invoice, packing list,
approval certificate of the nominated inspection agency, date of the
proposed shipment, & copies of B/L or AWB or any other acceptable
documents confirming supplier’s readiness dispatch).
xii)
Certificate confirming that the shipping instructions (inclusive of packing)
have been followed while packing / shipment and forwarding of details for
insurance to MDL.
xiii)
In case of supply of Pipes, Tubulars, Plates, or any other steel materials on
theoretical weight (Tonnage) basis, following documents should also be
furnished;
a)
Supplier’s signed certificate stating that “ We hereby guarantee
that the goods supplied strictly conformed with description & all
technical requirements referred in the order and prices charged
are strictly as per the terms of the order and that for shipments on
theoretical weight basis no extra lengths are charged”.
b)
Original +2 copies of Manufacture’s Material Test Certificates
(MTCs) duly endorsed by the Inspection Agency in co-relation with
the non- erasable markings of Manufacturer’s name, heat
numbers & Inspection agency’s non-erasable stamp/seal on the
material.
c)
Stowing/storage certificate from supplier in following format:
Tender No. 1500001104
Page 6 of 43
d)
“We hereby certify that the goods covered by Order No.-------------- dt---------- have been stored/stacked/stowed at the
manufacturing plant, loading ports, in transit and on vessels
satisfactorily in accordance with the standard practice accepted
internationally and also certify that the goods have not undergone
ant deformation and tolerances are still within the relevant
specifications”.
Original + 2 copies of certificate confirming that Thinner plates
(i.e. sheets) in thickness between
2 mm to 5 mm have been
packed in bundles and strapped at intervals of 1.5 Mtrs. lengthwise
to protect from buckling during handling and transit. Each bundle
shall have plates of same size and specification and shall not weigh
more than 2 tonnes.
All the documents should clearly indicate the Purchaser's Order number, Import
License Number, Airway Bill / Bill of Lading Number.
For Services: (Not Applicable)
i)
ii)
iii)
iv)
Set of Original + 2 Copies of signed Invoice showing item / activity wise
prices as per the Contract / Order.
Work Completion Certificate Duly Certified by MDL.
Documents Such as Guarantees etc. as per the order terms.
Certificate issued by MDL confirming that the work is completed in time
and no penalty is applicable OR in case of delays, admissible amount of
penalty will be specified by MDL in this certificate for reduction of equal
amount from Contractor’s invoice. (MDL will issue this certificate
generally by FAX immediately on completion of the work.
11.
Exchange Rate Variation (ERV) Clause: N.A.
12.
Guarantee / Warranty:
i)
ii)
iii)
iv)
The work executed shall be guaranteed for a minimum period of 48 months from
the date of acceptance by MDL. The contractor will have to rectify any defects
noticed in the work either by way of bad material or workmanship during
guarantee Period at no extra cost to MDL.
The supplier cannot absolve their responsibility for guarantee/ warranty of
material even though it is inspected & approved by inspection authorities.
If the defects are not remedied within a reasonable/stipulated time, MDL may
proceed to rectify the defects at the supplier’s risk & cost, but without prejudice
to MDL rights under the contract.
During guarantee period, the supplier should have to arrange dispatch of new
material on CIF basis. On arrival of new material, defective material will be sent
on FOB basis.
13.
Equipment Performance Bank Guarantee (EPBG): You will have to submit Equipment
Performance Bank Guarantee from a reputed International Bank for 10% of total order
value. The Bank guarantee should be valid for duration of guarantee/ warranty period
plus one month. In the event of non-performance of the equipment and if you fail to
attend the guarantee defects within a reasonable period of time, the Equipment
Performance Bank Guarantee will be encashed. MDL decision shall be final and
binding on you in this regard.
Note : For total Order value less 1 lakh EPBG is not applicable.
14.
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
Tender No. 1500001104
Page 7 of 43
and returned by the bidder along with techno-commercial (Part-I) bid. The bidder shall
also abide statutory requirements, Official Secret Act 1923 clause as per Enclosure.
15.
Taxes& Duties:
i)
The following will have to be indicated / quoted as applicable separately in rate
sheet under each head viz:
a)
b)
c)
d)
e)
f)
g)
h)
i)
j)
Excise Duty
CST
Value Added Tax (VAT)
Income Tax
Octroi Duty, if included.
Custom Duty, if included, on import content
Education Cess, if included.
Service Tax
Works Contract Tax
Any other Taxes/Duties/Levies
ii)
You are required to quote the amounts of taxes and duties as applicable,
separately, duly indicating the base amount(s) and the applicable rate(s), under
each of the heads indicated above. Wherever exemption certificates are issued,
no liability for payment of taxes and duties arises and hence taxes and duties
shall not be reimbursed/ allowed.
iii)
Depending up on the MDL agreement/contract with the customer the following
certificates will be given:
a)
Excise Exemption Certificate : Issue of Excise Duty Exemption Certificate (EDEC):
Equipments / materials used in construction of warships/submarines are
exempted from payment of excise duty. Excise Duty Exemption Certificate(s) will
be issued to principal suppliers (on whom the order is to be placed) and subSuppliers of principal suppliers, for appropriate value of supply of equipment /
stores for use during construction of warships for the Navy if the
equipments/material are directly being supplied to MDL.
b)
Octroi Exemption Certificate :
c)
End Use Certificate for exemption of Custom Duty : Issue of End User Certificate
for Exemption of Customs Duty : Imported equipments/ materials used in
construction of Warships/Submarines are exempted from payment of custom duty
against Custom Duty Exemption Certificate(s) (CDEC). CDEC will be issued for
appropriate value of the equipments/ materials imported for executing the order
by Supplier and / or their sub-Suppliers if the equipments/material are directly
being supplied to MDL.
d)
Issue of ‘C’ form w.r.t. Sales Tax.
Supplier will not be entitled to any increase in rate of taxes occurring during the period
of extended delivery completion schedule if there is delay in supplies / completion
attributed to him. However, if there is a decrease in taxes, the same must be passed on
to MDL.
In absence of any such stipulation in the bid, it will be considered that the prices
quoted by the bidder are inclusive of Taxes & Duties and no separate liability for
payment of Taxes & Duties will devolve upon MDL. Duties will not be reimbursed
wherever exemption certificates can be issued by MDL.
Wherever all inclusive prices are quoted by the tenderers without bifurcation of tax
elements no escalation can be considered in respect of any variations in statutory levies
arising subsequently because of the absence of the required base figures in the purchase
order contract.
Tender No. 1500001104
Page 8 of 43
16.
Loading Criteria: Deviations sought by the bidder in respect of Custom Duty exemption,
Freight, Insurance, Delivery Terms, Liquidated Damages, Payment terms etc. 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 Enclosure. Among the equal bids, bidders
with ISO 9000 series accreditation over non-ISO bidders, firstly Manufacturers then their
authorized dealers will be given preference.
17.
SPARES/POST SALE PRODUCT SUPPORT : The successful bidder / Vendor will be
continue to support the equipment supplied, by making available spare parts and
accessories of equipment supplied for a minimum period of 20 years from the date of
supply.
18.
Consignee: The Supplier shall arrange dispatch of goods by appropriate Rail / Road /
Sea/ Air transport mode as per the order and consign the same to;
MAZAGON DOCK LIMITED,
Sewree Stores, B- Park,
Near Mody Stone Company
Sewri,
Mumbai-400 015.
An advance copy of invoices along with other relevant documents shall be forwarded to
the purchaser sufficiently in advance to enable clearance of cargo within allowed
demurrage free days to avoid demurrage. In case of door delivery orders, the supplier
shall categorically direct the transporter to deliver the ordered items without insisting
for consignee copy of the Lorry Receipt.
19.
NO PRICE PREFERENCE WILL BE GIVEN TO ANY BIDDER IRRESPECTIVE OF THEIR STATUS.
20.
Mode of Despatch:
22.1
22.2
For Indigenous bidders: Road / Rail / Sea / Air
For Foreign bidders: Road / Rail/Sea / Air
21.
Modifications to the Bids: : Bidder will not be allowed to bid after closing time is over.
Bidder can change the submitted bid any number of times till the closing time and the
last changed bid will be considered for ranking of bids.
22.
Public Grievance Cell:
A Public Grievance Cell headed by Mr. S.D. Kajawe, General Manager (F-P&S) has set up
in the Company. Members of public having complaints or grievances are advised to
contact The President on Wednesdays between 1000 hrs. and 1300 hrs. in his office at
3’rd Floor, Mazdock House, Mazagon Dock Limited, Mumbai - 400 010, or send their
complaints / grievances to him in writing for redressal.
23.
Working on MDL Holidays: Request for permission for working 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.
24.
Liquidated Damages:
24.1 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 per cent) per week or part thereof, subject to maximum
of 5% of the final Order / Contract value or 5 % of undelivered / unfinished
portion of order/contract if the quantity is separable.
Supplier / Contractor (Seller) will also be liable to pay Liquidated Damages for
late delivery of Manuals, Drawings and Documentation as agreed to by Purchaser
Tender No. 1500001104
24.2
24.3
Page 9 of 43
and Supplier / 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 upto 5% of the Order Value.
L.D. @ 0.5% of order value per week of delay or part thereof subject to maximum
of 5% of order value will be recovered in case of delayed delivery items.
L.D. @ ¼% of order value per week to maximum of 5% of order value if there is
delay in submission of QAP/Data sheet to the concerned authorities for approval.
25.
Hindrance Register :
All hindrances with date of occurrences and removal shall be noted in the Hindrance
Register. The Hindrance Register shall be signed by the reps of both MDL as well as
Contractor.
26.
Ranking of Bids & Determination of L-1 Bidders:
Techno-Commercially Qualified Item wise Lowest Bidder FOR EACH YARD
(Exclusive of Taxes, duties & levies) will be considered for the placement of order.
Statutory levies (Customs Duty, Excise Duty, Education Cess, VAT/CST, Octroi
Duty) shall be excluded for ranking of bids to determine L-1 vendor. Cost (Basic Price +
Transport + insurance) to MDL Stores shall be considered for indigenous Vendors. But MDL
shall endeavour that the order shall be placed on the bidder who is competitive on
landed cost basis also.
If any variations in statutory levies, the break in respect of taxes, duites 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.
The method of excluding the taxes, duties and levies payable as mentioned above
is for the purpose of ranking of price bids. As taxes, duties and levies are excluded for
the purpose of ranking of bids to determine L-1 bidder, there may arise a situation where
overall cost (inclusive of taxes, duties & levies) of supply by the adjudged L-1 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 & levies and after including taxes, duties
& levies.
If the adjudged L1 bidder does not agree to reduce the price to make it
competitive after including the taxes, duties & levies, then the next ranked bidder(s)
will be afforded the opportunity so that the procurement is competitive.
While L-1 bidder shall be decided based on above, MDL may endeavour that the
negotiated price of L1 bidder is competitive in Landed cost on cash out go basis also.
On-line ranking visible to the bidders after opening part II price bid is without
loading parameters. However the L1 bidder will be evaluated offline by applying all
applicable loading parameters and clarifications during techno-commercial scrutiny /TNC
meeting as mentioned in the tender document.
27.
MDL reserves the right to accept any or all offers in part/full without assigning any
reasons whatsoever. In case of any dispute, our decision in this matter shall be final and
legally binding on you. MDL reserves the right to order part or full quantity against this
tender.
MDL reserves the right to consider placement of order/ Contract in part or in full against
the tendered quantity or reject any or all tenders without assigning any reason.
28.
Inspection: By Third Party Inspection (T.P.I.) Agency i.e.
M/s VCS QUALITY SERVICES PVT LTD
505, 5’th FLOOR, 360 DEGREE BUSINESS PARK,
NEXT TO ‘R-MALL’, L.B.S. MARG,
MULUND (WEST), MUMBAI – 400 080.
Tender No. 1500001104
Page 10 of 43
TEL NO : (022) 2164 9720
FAX NO : (022) 2164 6392
EMAIL : [email protected]
QAP shall be submitted to MDL within 15 days from date of receipt of order. Approved
QAP then be submitted to Third Party Inspecting Agency for approval. Product shall be
offered for Inspection to TPI as per approved QAP. Material Test Certificate from
Government approved laboratory to be provided with the supply.
Receipt Inspection :
On receipt of items in MDL Stores, inspection will be done by MDL Inspection along with
WOT (MB). MDL shall carry out necessary inspection of the items on receipt in the MDL on
the basis of appropriate MDL Inspection system requirements & the Inspection documents
submitted by suppliers. Any objection raised by MDL inspection team against quality of
material or workmanship shall be satisfactorily corrected by the supplier at his expenses
including replacement as may be required within shortest possible time within 30 days.
Items damaged during transit shall also be rectified or replaced by the supplier within
shortest possible time.
Rejection of the material: Any portion of the equipment found defective/rejected, the
supplier shall collect the same at his cost from the MDL Yard, all incidental charges being
born by supplier, (inclusive of custom duty, if payable), within 30 days from the date of
intimation to the supplier of such rejection. The MDL reserves the rights to dispose off
the rejected item at the end of a total period of 90 days in any manner, to the best
advantage to the MDL& recover storage charges & any consequential damages, from sale
proceeds of such disposal.
29.
L-1 Criteria: Techno-Commercially Qualified Item wise Lowest Bidder for each yard
(Exclusive of Taxes, duties & levies) will be considered for the placement of order.
30.
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.
31.
Option Clause: MDL retains the right to place orders for additional quantities upto a
maximum of 50% of the originally contracted quantity at the same rate and terms of the
contract. Such an option shall be available during the original period of contract. Option
quantity during extended Delivery period is limited to 50% of balance quantity after
original delivery period.
32.
Any deviation from MDL Tender Enquiry Terms & conditions, MDL STACs and GT&C
should be specifically highlighted, failing which it will be assumed that MDL Tender
Enquiry Terms & conditions, MDL STACs and GT&C are acceptable to you.
In case of any Query, you may contact the concerned dealing Officer Mr. Mithun C
Waghmare, Deputy Manager (C-P15A), on Tel.No.(022) 2376 3358.
33.
In case of improper on-line filling of acceptance formats for Tender Enquiry Form,
General Terms & Conditions (GT&C) and Standard Terms & Conditions (STACS), it shall be
presumed that all our tender terms & conditions are acceptable to you.
34.
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 tender opening.
Tender No. 1500001104
Page 11 of 43
35.
In case of any clarifications, bidders are requested to contact the undersigned, before
the closing date of tender. Bidders can also contact toll free customer helpline of eprocurement portal https://mdl.eproc.in.
36.
Bidders can participate in online bidding
• By registering with above referred portal for user ID and password.
• By obtaining ‘Class III-B’ DSC (Digital Signature Certificate) for secured bidding.
37.
We look forward to your participation in on-line bidding by offering your most
competitive and reasonable bid against this tender. e-tender enquiry acceptance form is
uploaded at stage name : Part-I (Techno Commercial Bid).
Yours faithfully,
For MAZAGON DOCK LIMITED
(MITHUN C WAGHMARE)
Deputy Manager (C-P15A)
Enclosures:
Annexure –1 - Part II Price bid Prescribed Format
Annexure –2 - Standard Terms & Conditions (STACS)
Annexure -3 - General Terms & Conditions (GT&C)
Annexure –4a – Loading factors for Ranking of Bids
Annexure -4b - Quantum of Loading on Account Of Deviation for Ranking L1
Annexure –5 – RTGS/ NEFT Format
Annexure –6- Format of Letter of credit
Annexure –7- Proforma Bank Guarantee For Bid Bond / EMD
Annexure –8- Proforma Bank Guarantee for Security Deposit (N.A.)
Annexure –9 - Performance Bank Guarantee for Performance
Annexure –10 – Sample format for Shipping Instructions for Sea & AIR consignments
Annexure -16 - Statutory requirements, Official Secret Act 1923.
MCW\ Tender No. 1500001104\Tender Terms & Conditions.doc
Tender No. 1500001104
Page 12 of 43
ANNEXURE-1
Tender No. 1500001104 due on 04.02.2015
PART II – PRICE BID (FORMAT)
NOTE: Annexure-1 to be submitted in Techno-commercial Part I offer alongwith blanking the quoted
rates. Only indicate ‘Quoted’ or ‘Not Quoted’.
(This annexure should be strictly on supplier’s letter head duly filled - in, signed and stamped is to be
submitted as part II offer)
Item
Sr. No.
Item Description
Yard -12702
Qty.
Yard -12703
Qty.
1
RIGGING ITEMS- THIMBLES (OPEN TYPE), DRG
NO. DPIN/11572, PATT.NO. 0263/414-2980
16 DIA ROPE (Mat. No. 150000000000025960)
16 No
16 No
2
RIGGING ITEMS- D' SHACKLES 35 DIA BOLT
PATTERN NO. 0263/721-6092
(Mat. No. 150000000000025961)
4 No
4 No
3
RIGGING ITEMS- BOW SHACKLES DRG NO.
DPIN/11587, PATT.NO. 0263/721-6103 16DIA
BOLT (Mat. No. 150000000000025962)
24 No
24 No
4
RIGGING ITEMS- BLOCKS-BLOCK SNATCH WITH
D'SHACKLE (IN ONE ASSEMBLY) DGS
003500566/01 SPEC 2572(SRBF) DRG
NO.DPIN/11585
PATT.NO FOR SNATCH BLOCK 246/190-6915
PATT.NO FOR 'D' SHACKLE 0263/721-6092
(Mat. No. 150000000000025963)
4 No
4 No
5
RIGGING ITEMS-SLIP FOR RIGGING AS PER
PATTEERN NO. 0263/414-9831 (Mat. No.
150000000000025964)
1 No
1 No
6
RIGGING ITEMS-SPRING HOOK(HOOK HOIST) AS
PER PATTERN NO.0263/539-3525
(Mat. No. 150000000000025965)
1 No
1 No
7
RIGGING ITEMS- 3 STRAND POLYPROPYLINE
ROPES -16MM DIA AS PER IS:5175
(Mat. No. 150000000000017232)
660 Meter
660 Meter
8
RIGGING ITEMS-3 STRAND NYLON ROPES -24MM
DIA AS PER IS:4572 (Mat. No.
150000000000017688)
520 Meter
520 Meter
9
RIGGING ITEMS-3 STRAND NYLON ROPES 32MM DIA AS PER IS:4572 (Mat. No.
150000000000017689)
110 Meter
110 Meter
10
RIGGING ITEMS- 8MM DIA STEEL WIRE ROPES
PATTERN NO. 0231/571-5220 (6x36) AS PER IS: 2581
(Mat. No. 150000000000017689)
60 Meter
60 Meter
Unit Rate
(Rs.)
Tender No. 1500001104
Page 13 of 43
11
RIGGING ITEMS- 24MM DIA STEEL WIRE ROPES
AS PER IS:2581 (Mat. No.
150000000000017850)
10 Meter
10 Meter
12
RIGGING ITEMS- 28MM DIA STEEL WIRE ROPES
PATTERN NO. 0231/571-5227 (Mat. No.
150000000000017851)
10 Meter
10 Meter
Total amount (Rs.):
Taxes & Duties:a) CST / VAT
a) Prevailing Rate of CST / VAT to be indicated.
b) Service Tax & Cess
b) Prevailing Rate of Service Tax and Educational
CESS if applicable to be indicated.
c) Excise Duty
c) Prevailing Rate of Excise Duty to be indicated, if
excise is applicable. If excise is not applicable then
the same to be categori-cally stated as not
applicable.
d) Octroi Duty
d) Prevailing Rate of Octroi if applicable to be
indicated.
Notes:
(i) Excise Duty Exemption Certificate and Octroi Duty Exemption Certificate shall be provided if
applicable. Firm to confirm categorically if Excise Duty Exemption Certificate required
and Octroi Duty Exemption Certificate required. If nothing is mentioned in the quotation it
shall be considered as not applicable and hence shall not be provided in future.
(ii) FE content, if any against each item for each yard be indicated.
(iii) Charges of Inspection Agency not to be included in the quote as MDL to bear it directly.
(iv) Submission of blanked off price bid form in Part I is mandatory. If the quote is not in the
prescribed form, then offers is liable for rejection and MDL decision shall be final &
binding on the bidder.
Company Name & Seal
Authorised Signatory
NOTES:
1.
Foreign Bidders to quote TOTAL PRICE in their respective currency on FOB BASIS ONLY. They
shall also indicate price on C.I.F. basis.
2.
Indian Bidders to quote TOTAL PRICE (Inclusive of FE Content) in Indian Rupees FOR
DELIVERY AT MDL STORES, MUMBAI INCLUSIVE OF FREIGHT & INSURANCE
CHARGES. The Indian bidders should also indicate FE Content component separately.
3.
Charges for guarantee period extension – To be quoted in terms of percentage per annum for
extension of guarantee period beyond the agreed guarantee period.
5.
Delivery postponement charges – to be quoted in terms of percentage per month for extension of
delivery period beyond the contractual delivery date.
6.
Note: FE content, if any against each item for each yard be indicated.
Tender No. 1500001104
Page 14 of 43
ANNEXURE-2
Tender No. 1500001104 due on 04.02.2015
STANDARD TERMS AND CONDITIONS (STACS)
(FOR PURCHASE OF ITEMS)
101
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.
102
The word 'Bidder/Vendor/Contractor' means the person / firm / Company who undertakes to
manufacture and or supply and or undertake work of any nature assigned by the Purchaser from time
to time and includes its successors or assignees.
103
The word 'Owner' means the person or authority with whom Mazagon Dock 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.
110
GENERAL
111.
UNLESS OTHERWISE INDICATED SPECIFICALLY BY THE BIDDER / CONTRACTOR IN
HIS BID, IT SHALL BE CONSTRUED AS HIS ACCEPTANCE OF ALL THE CONDITIONS
MENTIONED IN THIS STACS.
200
COMMUNICATION & LANGUAGE FOR DOCUMENTATION
201.
Any letter, facsimile message, e-mail intimation or notice sent to the Bidder/Vendor/Contractor at
the last known address mentioned in the offer / order shall be deemed to be valid communication for
the purpose of the order/contract. Unless stated otherwise by the purchaser, Language for
communication & all documentation shall be same, which the Purchaser has used, in the tender
enquiry.
210.
PURCHASER’S PROPERTY.
211.
All property (such as materials, drawings, documents etc) issued by the Purchaser or any other
individual or firm on behalf of the Purchaser in connection with the contract shall remain
confidential, being the property of the Purchaser and the Bidder/Vendor/Contractor shall undertake
to return all such property so issued and will be responsible for any or all loss thereof and damage
thereto resulting from whatever causes and shall reimburse the Purchaser the full amount of loss and
damage.
212.
On completion of work in any compartment / location of the purchaser’s premises, the
Bidder/Vendor/Contractor must ensure that the place is left in a reasonably clean state and all scrap
is transferred to nearby scrap-bins.
220.
RISK PURCHASE
221.
If the equipment / article / service or any portion thereof be not delivered / performed by the
scheduled delivery date / period, any stoppage or discontinuation of ordered supply / awarded
contract without written consent by Purchaser or not meeting the required quality standards the
Purchaser shall be at liberty, without prejudice to the right of the Purchaser to recover Liquidated
Damages / penalty as provided for in these conditions or to any other remedy for breach of contract,
to terminate the contract either wholly or to the extent of such default. Amounts advanced or part
thereof corresponding to the undelivered supply shall be recoverable from the Contractor / Bidder at
the prevailing bank rate of interest.
222.
The Purchaser shall also be at liberty to purchase, manufacture or supply from stock as it deems fit,
other articles of the same or similar description to make good such default and or in the event of the
contract being terminated, the balance of the articles of the remaining to be delivered there under.
Any excess over the purchase price, cost of manufacture or value of any articles supplied from the
stock, as the case may be, over the contract price shall be recoverable from the Bidder / Vendor /
Contractor.
Tender No. 1500001104
Page 15 of 43
230.
RECOVERY-ADJUSTMENT PROVISIONS:
231.
Payment made less than one order shall not be assigned or adjusted to any other order except to the
extent agreed upon in writing by the Purchaser. During the currency of the contract, if any sum of
money is payable by the Bidder / Vendor / Contractor the same shall be deducted from any sum then
due or thereafter may become due to the Bidder / Vendor / Contractor under the contract or any
other contract with the Purchaser.
240.
FORCE MAJEURE
241.
If at any time during the execution of the supply order, the performance in whole or in part by either
Purchaser or and by the Bidder / Vendor / Contractor is / are prevented or delayed by any reason
of force majeure situations such as acts of civil war, civil commotion, sabotage, hostilities, war,
fires, explosions, epidemics, natural calamities like floods, earthquakes, volcanoes, storms, acts of
God & laws of respective governments or any other causes beyond the control of either parties,
hereinafter referred to as "events", provided notice of the occurrence of such event/s is / are
communicated by either party, to the other party within 21 days from the date of occurrence thereof,
neither party shall by reason such events be entitled to terminate the contract nor shall either party
have any claim for damages against the other in respect of such non performance and or delay in
performance of the contract / order. Executions on either side shall be resumed as soon as
practicable after such event has come to an end or ceased to exist and the decision of Purchaser as to
whether activities can resume or not, shall be conclusive and final. Occurrence of the events to be
certified by Chamber of Commerce / Indian High Commission or Embassies / Government in that
Country.
242.
The performance in whole or in part under the captioned tender / contract is prevented or delayed by
reason of any such event for a period exceeding sixty days either party may at its option terminate
the contract/ further processing of the tender. The relative obligations of both the parties remain
suspended during the actual period of force majeure.
243.
The Purchaser may extend the delivery schedule as mutually agreed, on receipt of written
communication from the Bidder / Vendor / Contractor regarding occurrence of 'Force Majeure'
conditions, but not exceeding six months from the scheduled delivery date. If the 'Force Majeure'
conditions extend beyond this period, the Purchaser shall have the right to cancel the order without
any financial implication to the Purchaser or on terms mutually agreed to.
250.
INDEMNIFICATION
251.
The Bidder / Vendor / Contractor, his employees, licensees, agents or Sub-Vendor / Sub-contractor,
while on site of the Purchaser for the purpose of this contract, indemnifies the Purchaser against
direct damage and or injury to the property and or the person of the Purchaser or that of Purchaser's
employees, agents, Sub-Contractors / Suppliers occurring and to the extent caused by the negligence
of the Bidder /Vendor / Contractor, his employees, licencees, agents or Sub-contractor by making
good such damages to the property, or compensating personal injury and the total liability for such
damages or injury shall be as mutually discussed and agreed to.
260.
TRANSFER OF VENDORS / CONTRACTOR’S RIGHTS:
261.
The Bidder / Vendor / Contractor shall not either wholly or partly sell, transfer, assign or otherwise
dispose of the rights, liabilities and obligations under the contract between him and the Purchaser
without prior consent of the Purchaser in writing.
270.
SUBCONTRACT & RIGHT OF PURCHASER
271.
The Bidder / Vendor / Contractor under no circumstances undertake or subcontract any work /
contract from or to any other Sub-contractor without prior written approval of the Competent
Authority of Purchaser. In the event it is found that such practice has been indulged in, the contract
is liable to be terminated without notice and the Bidder / Vendor/ Contractor is debarred all from
future tender enquiries / work orders.
However in no circumstances a contractor is permitted to subcontract any part of the
contract to the bidders who had quoted for the concerned tender.
280.
PATENT RIGHTS.
Tender No. 1500001104
Page 16 of 43
281.
The Bidder / Vendor / Contractor shall hold harmless and keep the Purchaser indemnified against all
claims arising as a result of infringement of any patent / copy rights on account of manufacture, sale
or use of articles covered by the order.
290.
AGENTS / AGENCY COMMISSION:
291.
The 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.
300.
USE OF UNDUE INFLUENCE / CORRUPT PRACTICES:
301.
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 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.
302.
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.
Tender No. 1500001104
Page 17 of 43
303.
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.
310.
IMMUNITY OF GOVERNMENT OF INDIA CLAUSE (APPLICABLE ONLY FOR ORDERS
/CONTRACTS WITH USA / OTHER FOREIGN COMPANIES)
311.
It is expressly understood and agreed by and between M/s. (Bidder / Vendor / Contractor) and
Mazagon Dock Limited, Dockyard Road, Mumbai - 400 010 (MDL) is entering into this Agreement
solely on its own behalf and not on the behalf of any person or entity. In particular, it is expressly
understood and agreed that the Government of India is not a party to this Agreement and has no
liabilities, obligations or rights hereunder.
It is expressly understood and agreed that MDL is an independent legal entity with power and
authority to enter into contracts solely in its own behalf under the applicable of Laws of India and
general principles of Contract Law. The (Bidder / Vendor / Contractor) expressly agrees,
acknowledges and understands that MDL is not an agent, representative or delegate of the
Government of India. It is further understood and agreed that the Government of India is not and
shall not be liable for any acts, omissions and commissions, breaches or other wrongs arising out of
the contract. Accordingly, (Bidder / Vendor / Contractor) hereby expressly waives, releases and
foregoes any and all actions or claims, including cross claims, impleader claims or counter claims
against the Government of India arising out of this contract and covenants not to sue Government of
India in any manner, claim, cause of action or thing whatsoever arising of or under this Agreement.
320.
EXPORT LICENCE
321.
The export licenses that may be required for delivery of the various items/equipment to MDL shall
be arranged by the Bidder / Vendor / Contractor from the concerned authorities in their country
without any time & cost implications on the Purchaser.
330.
BANNED OR DE-LISTED CONTRACTORS / VENDORS.
331.
The Bidder / Vendor / Contractor declares that they being Proprietors / Directors / Partners have not
been any time individually or collectively blacklisted or banned or de-listed by any Government or
quasi Government agencies or PSUs. If a bidder’s entities as stated above have been blacklisted or
banned or delisted by any Government or quasi Government agencies or PSUs, this fact must be
clearly stated and it may not necessarily be a cause for disqualifying him.
340.
DUTY OF PERSONNEL OF SUPPLIER/VENDOR
341.
MDL being a Defence 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.
350.
ARBITRATION
351.
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.
352.
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
360.
JURISDICTION OF COURTS
361. All contracts shall be deemed to have been wholly made in Mumbai and all claims
there under are payable in Mumbai City and it is the distinct condition of the order that
no suit or action for the purpose of enforcing any claim in respect of the order shall be
instituted in any Court other than that situated in Mumbai City, Maharashtra State, India
i.e. courts in Mumbai shall alone have jurisdiction to decide upon any dispute arising
out of or in respect of the contract.
Tender No. 1500001104
Page 18 of 43
ANNEXURE-3
Tender No. 1500001104 due on 04.02.2015
GENERAL TERMS & CONDITIONS (GT&C) FOR ITEMS & SERVICES
A10.
A20
ACCEPTANCE OF ORDER / CONTRACT
A11.
With the acceptance of the successful bidder’s offer by the purchaser, which is as 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.
A12.
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.
A13.
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.
SECURITY DEPOSIT
A21.
A30
FORFEITURE OF EMD / BID BOND
A31.
A40
In the event of Bidder/Vendor/Contractor failure to attend the Guarantee defects within a
reasonable period of time, the Performance Bank Guarantee will be encashed by the
Purchaser. The Purchaser’s decision shall be final and binding on Bidder/Vendor/Contractor
in this regard.
SUPPLIES
A61.
A70.
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.
FORFEITURE OF PERFORMANCE GUARANTEE
A51.
A60.
In cases of withdrawal of bid during validity period or during any extension granted thereof,
non acceptance of agreed conditions of Technical and or Commercial and or Price
Negotiations, non-submission of the security deposit and / or non-acceptance of the order
the EMD or bid security will be forfeited or encashed as the case may be.
FORFEITURE OF SECURITY DEPOSIT
A41.
A50.
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 25 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.
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.
PROGRESS REPORTING & MONITORING
Tender No. 1500001104
A71.
Page 19 of 43
Where so stipulated in the order, the Bidder / Vendor / Contractor shall render such reports
from time to time as regards the progress of the contract and in such a form as may be called
for by the Purchaser.
A80. CANCELLATION OF ORDER
A90.
A81.
The Purchaser reserves the right to cancel an order forthwith without any financial
implications on either side, if on completion of 50% of the scheduled delivery/Completion
period the progress of manufacture/Supply is not to the satisfaction of Purchaser and failure
on the part of the Bidder/Vendor/Contractor to comply with the delivery schedule is
inevitable. In such an event the Bidder/Vendor/Contractor shall repay all the advances
together with interest at prevailing bank rates from the date of receipt of such advances till
date of repayment. The title of any property delivered to Purchaser will be reverted to the
Bidder/Vendor/Contractor at his cost.
A82.
In case of breach / non-compliance of any of the agreed terms & conditions of order /
contract. MDL reserves the right to recover consequential damages from the vendor /
contractor on account of such premature termination of contract.
A83.
In case of delay beyond agreed period for liquidated damages or 10weeks from contractual
delivery period whichever is earlier, MDL reserves the right to cancel the order and procure
the order items / services from any available source at MDL’s option & discretion and
entirely at your risk and cost. Extra expenditure incurred by MDL in doing will be
recoverable from you.
PRESERVATION AND MAINTENANCE
A91.
Should any material require any l preservation till its final installation/fitment, the detailed
procedure (Long term & short term) for the same as also the time of interval after which the
state of preservation needs to be reviewed is to be stated by the Bidder/Vendor/Contractor.
A92.
Further the de-preservation prior to the material/equipment being commissioned and the
maintenance procedure together with its periodicity is also to be indicated by the Bidder /
Vendor / Contractor.
A93.
The Bidder / Vendor / Contractor in their offer must confirm that indigenous oil; lubricants
and preservatives, etc. can be used in the equipment. The bidder must also give assurance
that the equipment performance will not be downgraded by use of indigenous equivalents
A100. FREIGHT & INSURANCE
A101. For Indigenous Bidders
In cases where the offers are for 'Door Delivery to Purchaser,' transit freight & Insurance
charges shall be borne by the Bidder / Vendor / Contractor. In other agreed cases of Exworks / 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.
A102. For Foreign Bidders
For overseas supplies on FOB port of dispatch basis, Transit Insurance shall be arranged by
the Purchaser. The Bidder / Vendor / Contractor shall immediately on despatch of the
items, inform all relevant details of despatch such as Order number, Bill of Lading/AWB
number, number of packages, value of consignment, invoice number in time directly to
Purchaser's Insurance Company & Purchaser on the contact details as provided in the order.
In such agreed cases, the freight & insurance charges will be paid by the purchaser directly
to the parties concerned.
Tender No. 1500001104
Page 20 of 43
A110. TAXES & DUTIES / STATUTORY LEVIES
A111. Taxes and duties applicable, if any, shall be regularized by MDL by issuing necessary
exemption certificates or reimbursed at actuals. 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
actuals after receipt of vendor’s bills alongwith ‘Original Octroi paid money receipt’ and
copy of Form ‘B’. Octroi receipts are to be drawn / issued in the name of ‘Mazagon Dock
Limited’ only. Similarly where payment of Custom duty is agreed to and stipulated in the
Purchase Order / Contract, the same will be reimbursed by the Purchaser at actuals after
receipt of vendor’s bills alongwith ‘Custom Certified Duty Paid Challan-Money Receipt in
original or carbon copy as relevant. These Challans / Receipts, Bill of Entry are to be drawn
/ issued in the name of ‘Mazagon Dock Limited’ only. Where payment of VAT, Sales Tax,
Excise Duty is agreed to and stipulated in the Purchase Order / Contract, the same will be
reimbursed by the Purchaser at actuals after receipt of vendor’s bills alongwith proof or
declaration to the satisfaction of purchaser for payment of such taxes by the vendor to
appropriate Tax authorities.
A112. 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 sub-vendors / collaborators and for increase in the figure of import content
value specified in the purchase order
A120. DEMURRAGE
A121. Storage and Demurrage charges will be payable by the Bidder / Vendor / Contractor for all
shipments that reach purchaser without proper despatch documentations, Lorry Receipts not
accompanied by packing lists, invoices etc. The Supplier shall be responsible for fines due
to errors or omissions in description, weight or measurements and for increased handling
charges due to improper packing.
A130. INSPECTION, TESTING.
A131. The ordered items will be inspected either by Classification Society / Nominated Agency
and or by Inspection Officer nominated by Purchaser at stages defined in the tender /
Purchase Order or as agreed to be defined subsequently in terms of the Purchase Order.
A132. The decision of the Inspecting Authority or their representatives, as the case may be, on any
question of the intent, meaning and the scope of Specifications / Standards shall be final,
conclusive and binding on the Bidder/ Vendor / Contractor.
A133. The Bidder / Vendor / Contractor shall accord all facilities to Purchaser's Inspectors /
Nominated Agency to carry out Inspection / Testing during course of manufacture / final
testing.
A140. RECEIPT INSPECTION BY MDL
A141. MDL shall carry out necessary inspection of the items on receipt, on the basis of an
appropriate quality assurance system and inspection system requirements along with
representative of the Owner. Any objection raised by MDL Quality Control Team against
quality of materials or workmanship shall be satisfactorily corrected by the Contractor at his
expense including replacement as may be required within shortest possible time within 30
days. Items damaged during transit shall also be rectified / replaced by the Contractor within
shortest possible time, payment for which shall be made at mutually agreed rates.
Tender No. 1500001104
Page 21 of 43
A150. REJECTION OF MATERIALS
A151. Should the articles, or any portion thereof of the equipment be found defective / rejected, the Bidder
/ Vendor / Contractor shall collect the same from the Purchaser's Stores, all incidental charges being
borne by him (inclusive of Custom duty, if payable), within 30 days from the date of intimation to
the Bidder / Vendor / Contractor of such rejection. The Purchaser reserves the right to dispose off
the rejected items at the end of a total period of 90 days in any manner to the best advantage to the
Purchaser and recover storage charges and any consequential damages, from sale proceeds of such
disposal.
A160. TECHNOLOGICAL DEVELOPMENTS / MODIFICATIONS
A161. The Bidder / Vendor / Contractor shall unconditionally and free of cost to the Purchaser
transfer information on technological developments / innovations / modifications which the
Bidder / Vendor / Contractor would evolve in future (within 3 years) in relation to the
supplied equipment. To enable this, the Purchaser's address shall be added to the Bidder /
Vendor / Contractor's mailing list or database or any other document maintained for
dissemination of product information and the Purchaser shall be informed of the action
taken in this regard. If such improvements / modifications are brought in by the Bidder /
Vendor / Contractor’s Design Department in the course of manufacture of equipment
ordered by the Purchaser, the Bidder / Vendor / Contractor shall incorporate such improved
versions in the equipment without any extra cost to the Purchaser under Purchaser’s prior
consent.
A162. If the Purchaser be desirous of getting incorporated all post supply modifications /
improvements arising out of technological developments to the original equipment supplied
by the Bidder / Vendor / Contractor, the Bidder / Vendor / Contractor, shall quote for and
carry out all such modifications to the equipment.
A163. Where the whole or a portion of the equipment has been specifically developed by the
Bidder / Vendor / Contractor for the Owner and the latter would through the Purchaser be
bearing the entire or part of the development cost incurred by the Bidder / Vendor /
Contractor, the design rights for the whole or portion thereof, of the equipment as
appropriate, shall vest in the Owners.
A164. Prior approval of the Owner should be obtained before similar articles are sold / supplied to
any other party other than the Owner. If such approval is given and sale is effected, the
Bidder / Vendor / Contractor shall pay to the Owner royalty at the rate mutually agreed to.
A165. The Sub-contractor / Supplier / Vendor shall continue to support the equipment for a
minimum period of 20 years from the date of supply by making available spare parts and
assemblies of the equipment supplied. Should the Sub-contractor / Supplier / Vendor
decides to discontinue the product, for any reason whatsoever, adequate notice shall be
given to the Purchaser / Owner to enable procurement of the requisite lifetime spares.
A170. PURCHASER’S RIGHT TO ACCEPT ANY BID, PART OF BID AND TO REJECT ANY
OR ALL BIDS.
171.
The Purchaser reserves the right to accept and or reject any or all tenders and or to withdraw
the tender in toto and or award the contract / order in full or part to more than one vendor /
contractor without assigning any reason whatsoever and without thereby incurring any
liability to the affected Bidder or Bidders or any obligations to inform the affected Bidder or
Bidders of the grounds for MDL action.
A180. BANK GUARANTEE FOR FREE ISSUE MATERIAL
A181. The Bidder / Vendor / Contractor shall furnish Bank Guarantee equivalent to the value of
materials supplied by MDL free of cost valid up to the execution of the contract / delivery of
material, inspected / accepted and receipt at MDL together with the material reconciliation
statement whichever is later.
Tender No. 1500001104
Page 22 of 43
A190. BIDDER’S RESPONSE IN CASE OF NO PARTICIPATION
A191. The Sub-contractor / Supplier / Vendor shall inform the Purchaser in advance in case he is
unable to participate in the tender for whatsoever reason. Failure to comply with this will be
viewed seriously and consecutive three failures on the part of Sub-contractor / Supplier /
Vendor to do so is liable for disqualification / debarring of the Sub-contractor / Supplier /
Vendor from all future tender enquiries and or delisting from the list of 'Approved
Registered Vendors.
A200. FACILITY PROVISION (Applicable only for Services)
A201. The Purchaser would consider providing facilities like - compressed air at one point,
cranage facility for handling heavy loads for lowering onto the ship and water intended for
use by the Contractor / Bidder for execution of contract for working within the Purchaser’s
premises at no extra cost to the Contractor / Bidder. Industrial gases, electrical power, office
space / RU store facility may be provided at one point only if possible and available and on
chargeable basis if so desired by the Contractor / Bidder. The contractor / Bidder shall make
his own arrangements for fixing necessary fittings, wires, welding machines, transformer,
etc for power, connecting lines, storage etc for water and necessary fittings, pipes, breaker,
hoses etc for compressed air.
Tender No. 1500001104
Page 23 of 43
ANNEXURE- 4a
Tender No. 1500001104 due on 04.02.2015
LOADING FACTORS FOR RANKING OF BIDS
A.
Sr.
No.
Description
Foreign
Vendor 100%
import content
a) FOB
b) CIF
Indigenous
vendor
with
part
import
content
a) Ex-works
b) Delivered to MDL
Stores
Indigenous
vendor
without
import
content
a) Ex-works
b) Delivered to MDL
Stores
1
Basic Price Quoted
2
Add: Insurance Charges
In case of 1(a)
In case of 1(a)
In case of 1(a)
3
Add Sea / Air Freight In case of 1(a)
charges / Inland Road
Transport
In case of 1(a)
In case of 1(a)
4
Customs Clearance / Port In either case Nil
Handling / Transportation to i.e. FOB or CIF
Yard
Price
5
Cost (ex-MDL) excluding
taxes and duties without
loading
towards
any
deviations
B.
Sr.Nos.
Sr.Nos.(1+2+3)
(1+2+3+4)
if
FOB
price
quoted OR CIF
price + Sr.No.4
Loading due to variations in financial Term.
6
Variation in payment terms
7
Income tax & Service tax on
Technical Services / Service
Engineers liability to MDL.
8
Production Norms such as
Scrap %, output-input ratio
9
Base date for price variation
clause
10
Cost (ex-MDL) excluding Sr. No. 5 + 6 + 7 + 8 + 9
taxes and duties after
loading for variations in
financial terms.
Bank charges to
be incurred for
opening
/
amending LCs,
DDs
are
excluded while
carrying
out
evaluation
of
Bids
to
determine
L1
Vendor.
Nil
Sr.Nos.(1+2+3+4)
Tender No. 1500001104
C.
Page 24 of 43
Loading on Account of deviations in following commercial terms.
11
Security deposit / Contract
performance guarantee
12
Equipment
guarantee
13
Additional delivery period
sought
over
stipulated
period as per tender
14
Additional time sought for
supplying binding data
15
Liquidated damages per
week rate / maximum
ceiling
16
Warranty / Guarantee
17
Cost (ex-MDL) excluding
taxes and duties after (Sr.No.10+11 +12+13+14+15+16)
loading for variations on
account
of
financial
commercial terms.
D.
performance
Landed cost:
18
Taxes and Duties
19
Landed Cost
Sr.No. 17 + 18
Note:
a)
Evaluated Bid value for the purpose of ranking and determination of L-1 Bid shall be the value
arrived at Sr.No.17 of the table above.
b)
While the statutory levies are excluded while carrying out evaluation of Bids to determine L1
Supplier(s) pursuance of MOD ID No.3(1)/2002/D(S II) dated 4.10.2006, it is clarified that the taxes
& duties as applicable and not covered by exemption certificates, notifications from the Govt. of
India are payable. The dealing Purchase Officer / PNC shall, however, endeavour that the price
recommended/negotiated of the L1 bidder is competitive on landed cost basis also i.e. Serial No. 19.
c)
Bidders are required to quote the amounts of taxes and duties as applicable separately, duly
indicating the base amount and the applicable rate, under each of the heads.
d)
Wherever exemption certificates can be issued by MDL no separate liability for payment of
and duties will devolve upon MDL and not duty will be reimbursed.
e)
Supplier/Contractor will not be entitled to any increase in rate of taxes occurring during the period
of extended delivery completion schedule lf there is delay in supplies/completion attributed him.
However, if there is decrease in taxes the same must be passed on to MDL.
f)
Wherever, all-inclusive prices are quoted by the Tenderer(s) and accepted without bifurcation of tax
elements, no escalation shall be considered in respect of any variation in statutory levies arising
subsequently since the base figures do not exist in the order/contract.
g)
It is clarified that Bank charges to be incurred for opening, amending LCs, Demand Drafts are
excluded while carrying out evaluation of Bids to determine L1 vendor.
taxes
Tender No. 1500001104
Page 25 of 43
ANNEXURE - 4b
Tender No. 1500001104 due on 04.02.2015
QUANTUM OF LOADING ON ACCOUNT OF DEVIATION FOR RANKING L1.
:
Not to be loaded as the bidders not agreeing to
furnish Security deposit is a Bid Rejection
Criteria.
Bank :
The question of loading factors does not arise, as
not agreeing to furnish Equipment Performance
Bank Guarantee is a Bid Rejection Criteria.
Additional Delivery Period sought :
over stipulated period as per
tender
For the additional delivery period sought by the
bidder over the stipulated date of delivery, 0.50%
per completed week will be loaded to the quoted
price.
1.
Security Deposit
2.
Equipment
Guarantee
3.
4.
Performance
Variation in Payment Term
:
In this case, as the bidders cannot supply the
equipment on or before the delivery date as
stipulated in the tender, the lowest delivery period
quoted by any bidder will be considered as the
benchmark and load the other bidders for the
differential completion period.
a) Varied payment terms quoted by bidders
as compared to the terms stated in the
tender document shall be normalized by
14.75% p.a. thereon on the amount(s) at
variation and / or for the period (in no. of
days).
b)
5.
Additional Time sought
supplying Binding Data
6.
Liquidated Damages per week rate :
/ maximum ceiling
7.
Warranty / Guaranty
for :
:
If the bidder seeks advance payment at a
lower rate of interest then only the
differential amount of interest w.r.t. the
rate indicated above shall be loaded to
their quoted price.
@0.25% per week subject to maximum of 1% for
the additional time sought for supplying Binding
data will be loaded.
Deviations sought in respect of rate per week and
/ or maximum ceiling in respect of liquidated
damages shall be loaded to the quoted price. For
example, the maximum ceiling towards liquidated
damages is 5% and the bidder seeks to limit it to,
say 3.50% then the price quoted will be loaded by
1.5%. If the rate of LD per week is 0.50% per
week and the bidder seeks it as, say 0.40% per
week, the maximum ceiling on LD as per the
tender will first be equated to weeks (10 weeks in
this case) and the rate proposed by the bidder i.e.
0.40% will be multiplied by the so equated
maximum period (which works out to 4%) and the
quoted price will be loaded accordingly by1%.
Deviations in respect of the period of Warranty /
Guaranty shall be loaded to the quoted price @
Tender No. 1500001104
8
Loading on FOB prices
Page 26 of 43
:
0.25% per month or part thereof.
FOB prices will be loaded by ….% to calculate
the prices till door delivery to ascertain the cost of
transportation for ranking of the bids.
Note: As taxes, duties and levies are excluded for the purpose of ranking of bids to determine L1 bidder,
there may arise a situation where overall cost (inclusive of taxes, duties & levies) of supply by the
adjudged L1 bidder may be higher compared with any other bids depending on the tax structure.
Therefore, it would be required that the adjudged L1 bidder (i.e. after applying loading factors) has
to reduce the price to make it competitive both before including taxes, duties & levies and after
including taxes, duties & levies. If the adjudged L1 bidder does not agree to reduce the price to
make it competitive after including the taxes, duties & levies, then the next ranked bidder will be
afforded the opportunity so that the procurement is competitive.
Tender No. 1500001104
Page 27 of 43
ANNEXURE-5
RTGS/NEFT – MANDATE AUTHORISATION FORM
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
fillup 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
PIN
5. Supplier’s / Vendor’s E-mail ID:
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.
12. MICR No.:
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. 1500001104
Page 28 of 43
ANNEXURE-6
Tender No. 1500001104 due on 04.02.2015
LETTER OF CREDIT FORMAT FOR SHIPMENT BY SEA / AIR
40A
Form of Documentary Credit Type
: IRREVOCABLE
20
Transaction Reference Number
Documentary Credit Number
:
Date of Issue
Date
:
Date and Place of Expiry
Date
Place
:
: NEGOTIATING BANK
Applicant Bank
BIC
: BANKERS OF MDL, MUMBAI
31C
31D
51A
50
59
32B
39A
41D
42C
42D
43P
43T
Applicant
Name & Address
: MAZAGON DOCK LTD.
DOCKYARD ROAD,
MAZAGON,
MUMBAI – 400 010
Beneficiary
Name & Address
:
Currency Code, Amount
:
Currency
:
Amount
:
Percentage Credit Amount Tolerance
Tolerance 1
Tolerance 2
:
:
Available with …By….
Name & Address
:
Draft at ….
Narrative
: SIGHT/NEGOTIATION
Drawee
Name & Address
: BANKERS OF MDL,MUMBAI
Partial Shipments
Narrative
: ALLOWED/NOT ALLOWED
Transhipment
Narrative
: ALLOWED/NOT ALLOWED
Tender No. 1500001104
44A
44B
44C
46A
47A
Loading on Board / Dispatch
Narrative
For Transportation to
Narrative
Page 29 of 43
: AIRPORT / SEAPORT (AS PER
TENDER ENQUIRY/ORDER)
: AIRPORT / SEAPORT (AS PER
TENDER ENQUIRY/ORDER)
Latest Date of Shipment
Date
:
Documents required
Narrative
: (AS PER TENDER ENQUIRY)
Additional conditions
Narrative
: 1. ALL DOCUMENTS SHOULD BE
MARKED WITH IEC CODE
NO.0388070412, LC NO. AND
DATE AND IMPORT UNDER NONNEGATIVE LIST OF IMPORT
EXPORT POLICY AM
2. DISCREPANT DOCUMENTS TO
BE SENT STRICTLY ON
COLLECTION BASIS.
71B
48
49
53D
78
72
Details of charges
Narrative
Period for presentation
Narrative
: ALL FOREIGN BANK CHARGES
OUTSIDE INDIA ARE FOR THE
BENEFICIARY’S ACCOUNT.
: WITHIN ----- DAYS FROM THE DATE
OF BILL OF LADING /AIRWAY BILL.
Confirmation instructions
Instruction
: WITHOUT
Reimbursing Bank
Name & Address
: BANKERS OF MDL WILL SPECIFY
Instructions to the Paying/ Accepting
Bank
Narrative
: BANKERS OF MDL WILL SPECIFY
Sender to Receiver Information
Narrative
: BANKERS OF MDL WILL SPECIFY
Tender No. 1500001104
Page 30 of 43
ANNEXURE-7
Tender No. 1500001104 due on 04.02.2015
PROFORMA BANK GUARANTEE FOR BID BOND / EMD
WHEREAS M/s __________________________________ intend to submit a tender (herein after called the
Tender) to M/s Mazagon Dock Limited (MDL, hereinafter called the Company) for the invitation to tender
by MDL vide reference no.: ____________ dated:_____________ for the requirement of _____________
(items/services/civil works etc.)
Now, by this letter, we the undersigned (Bank’s Name and address) whose registered office is at:
______________________________________________ bind ourselves unconditionally and irrevocably for
payment to the company of the sum of (currency / amount) as Earnest Money Deposit to indemnify MDL in
case of default. The conditions of the above obligations are such that if M/s
____________________________ shall not keep their Bid being submitted to the company as set forth in
the instructions to Bidder valid and unaltered until *** months from the due date __________ of the tender,
viz._____________ refused to sign a formal agreement in accordance with the terms of the tender or after
having signed the agreement does not perform the ORDER / CONTRACT, then this obligation remains in
full force and effect, Other wise to be null and void.
In case this obligation is effective, we, (Bank’s Name) undertake to pay to M/s. Mazagon Dock Limited any
amount upto the above indicated sum, upon written request, without any demur or protestation and without
reference to M/s __________________________within 15 days from the date of such demand in any
manner in which the Company may direct and also without the necessity of instituting and proceeding
whether judicial or otherwise, at any time upon the ORDER / CONTRACT committing any one or more of
the following:
(a)
(b)
(c)
Withdraws his tender during the validity period or any extension sought / granted thereof, or
If the ORDER / CONTRACT varies or modifies his bid in a manner not conforming to Tender
Conditions and / or not acceptable to the company during the validity period or any extension of the
validity duly agreed to by the bidder, or
If a bidder whose offer has been accepted fails to furnish Security Deposit within fifteen days of
award of the ORDER / CONTRACT or by the date mutually agreed to whichever is later.
We, (Bank’s Name), agree that our liability to pay is not dependant on conditions on your proceedings
against the ORDER / CONTRACT and we shall be liable to pay an amount not exceeding the aforesaid
amount as and when demanded by you merely on claim being raised by you and even before any legal
proceedings are taken against the ORDER /CONTRACT.
We, (Bank’s Name), undertake not to revoke this guarantee during its currency except with the previous
consent of the company in writing. The guarantee herein contained shall not be revocable by notice or by
reasons of dissolution or winding up of the business of the ORDER / CONTRACT or any change in the
constitution or composition of the ORDER / CONTRACT.
This guarantee shall remain valid, in case the Tender is accepted, until the due performance of the ORDER /
CONTRACT resulting from such acceptance inclusive of furnishing Security Deposit in a manner specified
by the company in any other case until_____________ 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 there under.
We, (Bank’s name) have power to issue guarantee in your favour under Memorandum and Articles of
Association and the undersigned has full power to do so under the Power of Attorney dated ____________
granted to him by the Bank.
Tender No. 1500001104
Page 31 of 43
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
____________________________________________________________________________________
•
INDIGENOUS VENDORS TO SUBMIT THIS EMD ON NON-JUDICIAL STAMP PAPER OF
RS 100/-FROM NATIONALISED / SCHEDULED BANK ONLY.
---------------------------------------------------------------------------------------------------------------------------
Tender No. 1500001104
Page 32 of 43
ANNEXURE-8
Tender No. 1500001104 due on 04.02.2015
PROFORMA BANK GUARANTEE FOR SECURITY DEPOSIT
THIS DEED OF GUARANTEE made at Mumbai ____________ day of month _________of (the year) by
the Bank of (Bank’s name and address) (hereinafter called the ‘SURETY’ which expression shall include its
heirs, successors, administrators and assigns) of the ONE PART in favour of Messers MAZAGON DOCK
LIMITED, Dockyard Road, Mazagon, Mumbai – 400 010, a Company registered under the Indian
Companies Act, 1913 (hereinafter called the ‘PURCHASER’ which term shall include its heirs, successors,
administrators and assigns) of the OTHER PART.
WHEREAS M/s (Firm’s name) registered under ___________ having its Registered Office (Firm’s address)
(hereinafter called the ‘CONTRACTOR’ which expression shall include its heirs, successors, administrators
and assigns) have accepted an Order / entered into a Contract vide Ref. No. ______________ dated
__________(hereinafter called the said Order / Contract) with the purchaser for the supply, delivery at site,
installation and commissioning of certain equipment, item/services/civil works etc. as stated in the said
Order /Contract as per the terms and conditions provided in the Order / Contract.
AND WHEREAS under the said Order / Contract the Contractor is required to furnish a Bank Guarantee for
(currency / amount) (In words) being five percent of the Order / Contract price of (currency / amount) as
specified in the said Order / Contract for the execution of the said Order / Contract as per Order / Contract
terms.
NOW THIS DEED WITNESSES AS FOLLOWS WITHOUT ANY DEMUR:
In pursuance of the terms and conditions of the said Order / Contract and on the request of the Contractor,
we the Surety do hereby undertake to pay to the Purchaser on demand without any demur the sum of
(currency/amount)(in words) being five percent of the Order / Contract price in the event of the Contractor
failing to fulfill any of the terms and conditions of the said Order / Contract.
We, the Surety, do hereby irrevocably and unconditionally agree that the Purchaser shall be the sole judge to
decide whether the Contractor has committed a breach of any of the terms or conditions of the said Order /
Contract and that the decision of the Purchaser will be final and binding on the Surety. The Purchaser and
the Contractor shall be at a liberty to carry out any modifications in the said Order / Contract during the
currency of the said Order / Contract and any extensions thereof and any such modifications will be duly
intimated to the Surety. Any accounts settled between the Contractor and the Purchaser shall be conclusive
evidence against the Surety of the amount due and shall not be questioned by the Surety.
We, the Surety, further agree that the guarantee herein contained shall remain in full force and effect for a
period that would be taken for completion of the Order / Contract, by the Contractor under the said Order /
Contract and that the guarantee shall continue to be enforceable till all the obligations under or arising by
virtue of the said Order / Contract have been fully discharged by the Contractor till the Purchaser certifies in
writing that the terms and conditions of the said Order / Contract have been fully and properly carried out by
the said Contractor, We, the Surety, further undertake not to revoke this guarantee during the currency of the
same except with the previous consent of the Purchaser in writing.
We, the Surety, further agree that liabilities and obligations of the Surety arising under or by virtue of this
guarantee 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.
Tender No. 1500001104
Date:
Page 33 of 43
Signature of a person duly authorized to sign
on behalf of the Bank with Seal of the Bank
*INDIGENOUS SUPPLIERS TO SUBMIT THIS SECURITY DEPOSIT BANK GUARANTEE ON NONJUDICIAL STAMP PAPER OF RS. 100.00 FROM NATIONALISED / SCHEDULED BANK ONLY.
*FOREIGN SUPPLIERS TO SUBMIT THIS SECURITY DEPOSIT BANK GUARANTEE ON LETTER
HEAD OF BANK OF INTERNATIONAL REPUTE.
-------------------------------------------------------------------------------------------------------------------------------
Tender No. 1500001104
Page 34 of 43
ANNEXURE-9
Tender No. 1500001104 due on 04.02.2015
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
guarantee 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
*INDIGENOUS SUPPLIERS TO SUBMIT THIS PERFORMANCE BANK GUARANTEE ON NONJUDICIAL STAMP PAPER OF RS. 100.00 FROM NATIONALISED / SCHEDULED BANK ONLY.
FOREIGN SUPPLIERS TO SUBMIT THIS PERFORMANCE BANK GUARANTEE ON LETTER HEAD
OF BANK OF INTERNATIONAL REPUTE.
Tender No. 1500001104
Page 35 of 43
ANNEXURE-10
Tender No. 1500001104 due on 04.02.2015
SAMPLE FORMAT OF SHIPPING INSTRUCTIONS
MODE OF DESPATCH
1.
The goods may be despatched by sea or if more uneconomical by parcel post.
SPECIMEN SHIPPING CLAUSE FOR LINER CARGOES
2.
F.O.B. / F.A.S. CONTRACTS (IMPORTS)
Shipping arrangements will be made by the Shipping Co-ordination & Chartering Division, Ministry
of Shipping & Transport, New Delhi (Cable: TRANSCHART), their respective Forwarding Agents /
Nominees as mentioned below to whom adequate notice of not less than six weeks about the
readiness of cargo for shipment, should be given by the Contractor / Suppliers from time to time for
finalising the shipping arrangements.
Area
U.K. (including Northern Ireland) (Also
Eire) the north continent of Europe (West
Germany, Holland, Belgium, France,
Norway, Sweden, Finland & Denmark) and
ports on the continental seaboard of the
Mediterranean (i.e.French & Western
Italian Ports) and also Adriatic Ports.
Forwarding Agents / Nominees
M/s. Panalpina World
Transport,
Panalpina
Welttransport GmbH
Spaldingstra-64
D20007
Hamburg. Germany
Ph: +494023771-133
Fax: 494023771-342/344
e-mail: [email protected]
b)
U.S.A. & Canada
M/s. OPT Overseas
Project Transport Inc.
969 Neward Tumpike
Kearny
New Jersey-07032
U.S.A.
c)
Japan
The First Secretary, (Commercial)
Embassy of India,
Tokyo,
JAPAN.
Cable: INDEMBASSY TOKYO
d)
Australia
e)
Black Sea Ports of Bulgaria Rumania
a)
Area
The Shipping Corporation of India Limited.
Shipping House,
229-232, Madame Cama Road,
Mumbai - 400 021.
Cable : SHIPINDIA MUMBAI
Forwarding Agents / Nominees
Tender No. 1500001104
Page 36 of 43
f)
Polish Ports
g)
Other areas (excluding the Black Sea Ports The Secretaries,
of U.S.S.R. & Rostock (GDR).
Indo-Polish Shipping Services,
C/o, Shipping Corporation of India Limited.
Shipping House,
229-232, Madame Cama Road, Mumbai - 400021.
Cable:SHIPINDIA MUMBAI for INDOPOL
Shipping arrangements will be made directly or
through Shipping Corporation of India Limited.
Shipping House, 229-232, Madame Cama Road,
Mumbai - 400 021.
Cable : SHIPINDIA MUMBAI
3.
The Secretaries,
Indo-Soviet Shipping Services,
C/o, Shipping Corporation of India Limited.
Shipping House,
229-232, Madame Cama Road,
Mumbai - 400 021.
Cable : SHIPINDIA MUMBAI for SOVINSHIP
From Black Sea Ports of U.S.S.R.to India
All contracts whether FOB / FOR / C & F / CIF etc.
Transportation of equipment and materials under this contracts shall be done by Soviet and Indian
Liner Vessels belonging to the Indo-Soviet Shipping Service on a party basis in accordance with the
Soviet-Indian Agreement of the 6th April 1956 as amended up to date on the establishment of a
regular shipping service between the Ports of the USSR and India.
4.
From Rostock (GDR) to India F.O.B. Contracts
The seller should arrange shipment of stores by vessels belonging to the member lines of the IndiaPakistan-Bangladesh Conferences. If the seller finds that the space on the Conference lines vessels is
not available in any specific shipment, he should take up with India-Pakistan-Bangladesh
Conferences, Conferity House, East Grindstead, Sussex, U.K. for providing shipping space and also
inform the shipping Co-ordination Officer, Ministry of Shipping & Transport, New Delhi
(Cable:TRANSCHART, NEW DELHI. Telex:VAHAN ND-2312,2448 and 3104. )
i)
The bills of lading should be drawn so as to show:SHIPPERS: THE GOVERNMENT OF INDIA
CONSIGNEE: Government Department, Undertaking or Project concerned or Director of
Supplies & Disposals / Embarkation Commandant (as specified in the tender)
(The name and address of the Post consignee and ultimate consignee should be indicated)
ii)
The non-negotiable copies of the bills of lading indicating the gross freight amount and rebate
allowed should be forwarded to the Shipping Co-ordination Officer, Ministry of Shipping &
Transport, New Delhi, after the shipment of each consignment is effected.
iii)
5.
PARCEL POST METHOD OF DESPATCH TO INDIA
a.
The goods must be packed suitably for postal despatch to India, and the parcel must be
addressed to M/s. Mazagon Dock Limited., Mazagon, Mumbai 400 010, showing the Order
Number, Item Number(s) and the Import Licence Number, on the Wrapper, below the
address.
Tender No. 1500001104
6.
7.
Page 37 of 43
PACKING & MARKING
a.
The materials must be adequately packed in all respects for normal transport by
Sea/Postal/Air dispatch to India, suitably protected against the effects of a tropical saltladen, atmosphere, in the event of delay at Indian Port, before clearing.
b.
Each class of material, and particularly electrical equipment should be packed separately
and gross weight of individual cases kept under 4480 lbs. Where possible. If more than one
case is included in shipment, cases should be numbered 01 and up & the corresponding
number should be shown on the packing list, listing contents therein. Gross weight must be
shown on each package to avoid penalty of Rs. 500/- by the local customs. All materials
should be properly protected against ocean shipment particularly the possibility of rusting,
corrosion or breakage.
c.
Every case / package must contain a packing note indicating particulars of the contents.
d.
All timber used in the packing of the materials is to be free from bark, insects and fungi.
The two ends of all packages should be colour splashed with a Blue background and a white
diagonal line of 1" width Fr identification. All cases are to be marked in letters 3" high wherever
possible as under: MAZAGON DOCK LIMITED, MUMBAI
Case No. ____________________________
Order No. ____________________________
Gross weight in Kgs. ____________________________
Nett weight in Kgs ____________________________
Outside dimensions ____________________________
Made in ____________________________
8.
Special marking instruction should comply with the Indian Merchandise Marks Act.
i.
Order packing cases to be clearly marked Made in __________________
ii.
Containers in packing boxes to be marked Made in___________________
iii.
Goods included in containers and packing cases to be marked either by stamping or tie
labels with either: a.
Made in___________________________ (Country of Origin)
b.
Name of the manufacturers plus Country of Origin e.g.
SIR WILLIAM ARROL & CO. LIMITED. ENGLAND.
9.
All spares and accessories shall be separately crated and labeled as "Spare Parts".
10.
The following documents are to be airmailed to MAZAGON DOCK LIMITED. Mumbai,
immediately they are ready to ensure that they reach us well in time before the arrival of the carrying
vessel.
a.
Original and three copies of Clean Bill of Lading / Airway Bill.
b.
Six copies of signed invoice showing item wise, FOB prices along with packing lists.
Tender No. 1500001104
11.
12.
Page 38 of 43
c.
Certificate confirming that three copies of Invoice, Packing List, Non-negotiable copy of
Bill of Lading / Airway Bill have been airmailed directly to us immediately on shipment.
d.
Certificate of country of origin in triplicate.
e.
Warranty certificate in triplicate.
f.
Six copies of Manufacturer's Works Test Certificate / Shop Test Certificate.
g.
Six copies of Certificate of Inspection and Approval from ABS / LRS / DNV / DOT or any
other nominated inspection authority, (whichever is applicable).
h.
Certificate to the effect that copies of Instruction / Operation / Maintenance Manuals have
been directly forwarded to the openers by the beneficiary.
i.
Certificate to that effect that six copies of as built drawings along with three reproducible
drawings have been directly forwarded to the openers by the beneficiary.
j.
Certificate regarding penalty vis-à-vis delivery schedule.
k.
A performance bank guarantee of 5% of the order value in the format issued in the order
(original + 2 Xerox copies). The bank guarantee is to be valid during the tenure of the
guarantee period for the equipment.
All documents should clearly indicate the following details: a.
Import License No.
b.
Our Order No.
c.
Name of carrying vessel.
d.
Bill of Lading No.
e.
Markings on packages.
ARRANGEMENTS FOR PAYMENTS:
The documents are not under any circumstances, to be sent through bank, on collection basis.
Wherever payments are to be arranged through Letter of Credit, a confirmed irrevocable Letter of
Credit will be established on receipt of a confirmation about the period upto which the letter of
credit is needed for shipment and negotiation. The Letter of Credit will be for the F.O.B. Value of
the goods. No extension of the Letter of Credit will normally be granted. It must be ensured that the
shipments effected before the expiry of date of the Letter of Credit.
13.
For payment authorised out of India, U.K. special Defense Credit 1964, a certificate in the following
form should also accompany the documents mentioned above:
" I certify that good and services to the value of _______________________s, d,
________________ [amount in words] as shown in the attached invoice were supplied under
Contract No.____________________ dated _______________ .
I also certify that :[a]
The goods supplied have been wholly manufactured in the United Kingdom.
[b]
The services have been supplied by persons or corporations resident in the United Kingdom.
Signed
For and on behalf of
Name and address of the Contractor / Supplier.
Date
Tender No. 1500001104
14.
Page 39 of 43
INSURANCE & FREIGHT
Insurance will be arranged through the New India Assurance Co Limited, Marine Insurance
Department, Commerce Centre, Tardeo, Mumbai- 400 034, India. The details of shipment will be
communicated to the underwriter by Mazagon Dock Limited., Mumbai, on receipt of shipment
advice. Immediately after shipment, the supplier should communicate the following particulars to us
by AIR MAIL, for arranging the Insurance cover.
Order No. _______________________________________
Name of Vessel _______________________________________
Voyage _______________________________________
Bill of Lading No. & Date _______________________________________
No of Packages _______________________________________
Brief description of goods _______________________________________
F.O.B. Value _______________________________________
Nett Freight _______________________________________
15.
The cost of insurance and freight will be paid in India in convertible Indian Currency.
16.
INSPECTION AND / OR GUARANTEE
The goods supplied, will be subject to inspection and / or test as may be specified in our Purchase
Order. Test Certificates, where required are to be supplied. A Guarantee in the following form
should also be airmailed to us, along with the documents referred to above. We hereby guarantee
that the stores supplied, are in accordance with the description and quantity shown in the purchase
order, complete of goods material and workmanship throughout and that in the event of any goods
on receipt of India, by the Purchaser being found not in accordance with the order, we will replace
free of cost on C.I.F. basis.
17.
DEFICIENCIES & DEFECTIVE GOODS
Should any deficiencies be established, these must be made good by the despatch under "No
Charge" invoice. Any complaints in regards to material will be notified within 180 days of receipt of
consignment in our Yard, and any defective material will be returned back at supplier's risk and cost
and the Contractor / Suppliers should replace these goods / materials and deliver free of charge on
C.I.F. basis.
18.
The wharfage and demurrage will be to Contractor / Supplier's accounts for all shipments that reach
us without bill of lading properly endorsed an accompanied by packing lists and invoices. The
supplier shall be responsible for fines or increased customs charges due to errors or commissions in
description, weight or measurement and for increased customs or wharfage and handling charge due
to improper packing. It is also a condition of purchase that storage and demurrage payable to port
authorities at the port of discharge in respect of shipment arriving before the actual receipt of the
shipping documents will be borne by the Contractor / Supplier.
19.
GENERAL
Immediately on receipt of import licence for the import of the stores, an intimation will be given to
the suppliers of the grant of licences, indicating the limiting factor and validity period. It must be
ensured that shipment is made within the validity period of the licence as it is difficult to obtain
extension of the validity period from the licensing authorities. However, no shipment must be
effected without intimation of import licence particulars from us. A Photostat copy of the list of
goods as approved by the licensing Authorities in India will also be supplied. To avoid difficulty in
clearing the shipment through local customs the description and quantity as given in the invoice
should confirm strictly to those indicated in the list of goods that will be supplied.
Tender No. 1500001104
Page 40 of 43
20.
The shipping instructions herein shall be closely observed. All invoices shall bear the number of
order. Packing list must show the seller's name, order number, nett and gross weight, outside
dimensions and the markings if each package. Where materials covered by different order numbers
are shipped in the same case, separate invoices and the packing lists must be made out for each order
number. Wherever possible, material covered by two or more orders shall not be shipped in the same
package. Four copies of all documents including packing lists should be forwarded, two sets before
shipment is effected.
21.
A certificate or consolidated statement of accounts should be issued to us in triplicate, indicating
therein the final value at which the contract has been finally settled and the evidence of total
remittance received against the order with a breakdown, wherever partial shipment were effected
against individual invoices.
EXTRACTION FROM THE BROCHURE REGARDING INSTRUCTIONS ON SHIPPING
ARRANGEMENTS FOR GOVERNMENT OWNED / CONTROLLED CARGOES.
(ANNEXURE VI)
Freight Rebates Agreements currently in force with a view to securing special freight reduction for
general Liner Cargoes (imports) shipped on Government account, the Ministry of Shipping &
Transport have entered into transportation agreements from time to time with the Conferences /
Shipping Lines covering the following trade routes.
a)
Shipments from U.K. / Continent.
i.
Agreement with the India, Pakistan, Bangladesh Conference covers all
Governmental cargoes emanating from U.K. - including Northern Ireland (also
EIRE), North Continent of Europe (West Germany, Holland, Belgium, France,
Norway, Sweden, Denmark and Finland), French and western Italian Ports on the
continental seaboard of the Mediterranean, and the Port of Rostock in the German
Democratic Republic.
ii.
Shipments on F.O.B. or FAS terms, arranged through the accredited forwarding
agents of the Government of India will be entitled to an immediate rebate of 15%
off gross Tariff rates.
iii.
Immediate rebate will be 9 1/2 % off the gross Tariff rates in respect of
iv.
(a)
cargoes which are intended for sale or disposal commercially wither in their
original or subsequently manufactured state
(b)
parcels of fertilizers and heavy chemicals, not subject to special quotations.
Items of cargoes which are confirmed to STC / MMTC's monopoly will
however receive 5% extra rebate in respect of FOB / FAS contract and 5%
extra rebate in respect of C&F / CIF / OR / TURNKEY Contracts.
For shipment of cargoes on CIF / C&F Turnkey terms, the Member Lines will grant
an extra rebate of 5% on U.K. / North Continental Gross Tariff rates to Government
consignees in addition to the 9 ½% immediate rebate admissible to the contract
shippers, i.e. the foreign suppliers (or 10% deferred commission to non-contract
foreign suppliers) provided the same is claimed by the Government Consignees
within one year from the date of Bill of Lading. For this purpose, two copies of nonnegotiable Bill of Lading indicating the gross freight amount thereon are required to
be made available to the Shipping Co-ordination Officer in the Ministry of Shipping
and Transport by the Suppliers / importers for
necessary endorsement on one such copy and return to the Port Consignee for
presenting to the carriers' agents for obtaining the extra 5% rebate on freight. The
claim will be rejected if not referred by the consignee to the carriers' port agents
within a period of one year from the date of Bill of Lading.
Tender No. 1500001104
Page 41 of 43
v.
Extra rebate will not be payable in respect of cargo covered by a specially reduced
freight quotation to the CIF / C&F FOR / Turnkey supplier or shipper.
vi.
All contracts placed on CIF / C&F FOR / Turnkey terms should include a
stipulation that only vessels belonging to the Member Lines of the Conference will
be utilised for carriage of cargoes covered by such contracts. If conference space is
not available for any specific shipment, the Government shall have the right to seek
dispensation to use other flag vessels.
vii.
In absence of original Bills of Lading after confirming the Government of India has
title to the goods the Lines Agents in India will release the cargo against a Letter of
Indemnity given by the Government of India, Government Department /
Undertaking / Projects / Director of Supplies Embarkation Commandant at the port
of discharge. The original Bills of Lading will be presented within one year of
issuing of Letter of Indemnity.
Tender No. 1500001104
Page 42 of 43
ANNEXURE-11
Tender No. 1500001104 due on 04.02.2015
EXTRACT OF PROVISIONS OF THE OFFICIAL SECRETS ACT, 1923
SECTION 2(B); “PROHIBITED PLACE”
It is defined as the place of any work of Defence Dockyard and other so belonging or occupied and used for
the purpose of building, repairing, making or storing any ammunitions of war. For the purpose of the above
definition, sketch includes any photograph or other mode of representing any place or thing.
SECTION 3: “PENALTIES FOR SPYING”
If any per unlawfully a)
b)
c)
approaches, inspects, passes over or is in the vicinity of any clear place; or
make any sketches intended to be directly or indirectly useful to an enemy ; or
obtains, collects, records or communicates to any other person any secret official code.
Shall be liable for imprisonment of 14 years in case of Defence Installation.
SECTION 4: “COMMUNICATION WITH FOREIGN AGENTS”
If any person has been in communication with or attempted to communicate with foreign agents regarding
the vital information of any “PROHIBITED PLACE” would be guilty of violating the provisions of this Act.
SECTION 5: “WRONGFUL COMMUNICATION OF INFORMATION”
If any person having in his possession or control any official document;
a)
Willfully communicates to any person, other than a person, who is authorised to communicate it.
b)
Used the information in his possession for the benefit of any foreign power.
c)
Retain in his possession when he has no power to retain it
d)
Fails to take reasonable care of it.
Shall be guilty of an offence under this Act.
SECTION 6: “UNAUTHORISED USE OF UNIFORMS”
If any person for the purpose of gaining admission or of assisting any other person to gain admission to a
“PROHIBITED PLACE” wears uniforms without lawful authority shall be guilty of offence under this
Section.
SECTION 7: “INTERFERING WITH OFFICERS OF POLICE”
No person in the vicinity of any “PROHIBITED PLACE” shall abstract any Police Officer engaged on
guard, sentry or similar duty. If any person move in the provisions of this section, shall be punishable with
imprisonment, which may extend up to 3 years.
SECTION 8: “DUTY OF GIVING INFORMATION”
It shall be duty of every person to give on demand to a superintendent of Police or any other Police Officer
not below the rank of Inspector, any information in his power relating to an offence under this Act.
Tender No. 1500001104
Page 43 of 43
If any person fails to give such information, shall be punishable with imprisonment to 3 years or fine or with
both.
SECTION 9: “INCITEMENT”
Any person who attempts to commit or debate the commission of an offence under this Act shall be
punishable with the same punishment and be liable to be proceeded against in the same manner as if he had
committed such offence.
SECTION 10: “PENALTY FOR HARBOURING SPIES”
If any person whom he knows or has reasonable grounds for supposing to be person who is about to commit
or who has committed offence under this Act shall be guilty of offence under this Section.
SECTION 11: “SEARCH WARRANTS”
If a presidency Magistrate, Magistrate First Class or Sub-Divisional magistrate is satisfied with the
information that there is reasonable ground for suspecting that an offence under this Act has been or is about
to be committed, he may grant search warrant to any Police Officer to enter at any time any premises to
force to search premises or the places.
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MCW\TENDER\Tender No. 1500001104\Tender Terms & Conditions.doc