TENDER ENQUIRY [ WEB TENDER ] Tender No : 8000000559 Purchasing Executive : Karnail Singh To Telephone No: Fax No: Email ID: Department: Purchasing Executive: Telephone No:+91 Fax No:+91 Email ID: Tender Number: Tender Date: Tender Closing Date Tender Closing Time RFQ Number: Tender Fee: Rs 0.00 EMD Amount: Rs 0.00 Pre Bid Meeting Date Pre Bid Meeting Time Tender Opening Date: 20.03.2015 Tender Opening Time: Offer should be valid up to: Security Deposit: 0.00 % of PO value Perf. Bank Guarantee: OTS(OUTSOURCING DEPT.) Karnail Singh 23763405 23743198 [email protected] n 8000000559 25.02.2015 20.03.2015 15:00:00 2100000763 00:00:00 15:30:00 0.00 % of PO value ( Kindly read and refer relevant terms & conditions for further details. Do ensure to Quote Department Name, Purchase Executive’s Name, Tender Number, Closing date & time and RFQ Number in your Quotation & related correspondence ) Dear Sir / Madam , SUB:- FABRICATION AND MOUNTING OF BALLAST COVERS ON DIESEL CRADLE (CLASS 3 STRUCTURES) FOR BOAT-4 TO 6 Mazagon Dock Limited (MDL) invites Competitive - Bid from reputed suppliers for the following in TWO BID system (Part I Techno-Commercial Bid & Part II - Price Bid). Sl.No. 00100 0000000010 0000000020 Material/Service Details Quantity/Unit Delivery Date Fab. & Mounting of Ballast Covers - Bt 4 1 Activity unit 30.04.2015 The Line item 00100 covers the following services Service Number:5 SET Short Description:- Set no. 1, 2, 6, 9, &10 Service Details:- Plates Fabrication & Mounting without stiffeners & forming (Set no. 1 ,2, 6, 9 & 10) Service Number:3 SET Page: 1 of 3 Tender Number:- 8000000559 Sl. No. 0000000030 0000000040 0000000050 00200 0000000010 0000000020 0000000030 0000000040 0000000050 00300 0000000010 0000000020 0000000030 0000000040 Tender Date:- 25.02.2015 RFQ Number:- 2100000763 Material/Service Details Quantity/Unit Delivery Date Short Description:- Set no. 5, 11 & 12 Service Details:- Plates Fabrication & Mounting with forming (Set no. 5, 11 & 12) Service Number:4 SET Short Description:- Set no. 3, 4, 7 & 8 Service Details:- Plates Fabrication & Mounting with stiffeners & forming (Set no. 3, 4, 7 & 8) Service Number:2 SET Short Description:- Set no. 13 & 14 Service Details:- Plates Fabrication & Mounting with stiffeners (Set no. 13 & 14) Service Number:22 Number Short Description:- Mounting of Collar Plates Fab. & Mounting of Ballast Covers - Bt 5 1 Activity unit 31.08.2015 The Line item 00200 covers the following services Service Number:5 SET Short Description:- Set no. 1, 2, 6, 9, & 10 Service Details:- Plates Fabrication & Mounting without stiffeners & forming (Set no. 1 ,2, 6, 9 & 10) Service Number:3 SET Short Description:- Set no. 5, 11 & 12 Service Details:- Plates Fabrication & Mounting with forming (Set no. 5, 11 & 12) Service Number:4 SET Short Description:- Set no. 3, 4, 7 & 8 Service Details:- Plates Fabrication & Mounting with stiffeners & forming (Set no. 3, 4, 7 & 8) Service Number:2 SET Short Description:- Set no. 13 & 14 Service Details:- Plates Fabrication & Mounting with stiffeners (Set no. 13 & 14) Service Number:22 Number Short Description:- Mounting of Collar Plates Fab. & Mounting of Ballast Covers - Bt 6 1 Activity unit 30.12.2015 The Line item 00300 covers the following services Service Number:5 SET Short Description:- Set no. 1, 2, 6, 9, &10 Service Details:- Plates Fabrication & Mounting without stiffeners & forming (Set no. 1 ,2, 6, 9 & 10) Service Number:3 SET Short Description:- Set no. 5, 11 & 12 Service Details:- Plates Fabrication & Mounting with forming (Set no. 5, 11 & 12) Service Number:4 SET Short Description:- Set no. 3, 4, 7 & 8 Service Details:- Plates Fabrication & Mounting with stiffeners & forming (Set no. 3, 4, 7 & 8) Service Number:2 SET Short Description:- Set no. 13 & 14 Page: 2 of 3 Tender Number:- 8000000559 Sl. No. 0000000050 Tender Date:- 25.02.2015 RFQ Number:- 2100000763 Material/Service Details Quantity/Unit Service Details:- Plates Fabrication & Mounting with stiffeners (Set no. 13 & 14) Service Number:22 Number Short Description:- Mounting of Collar Plates Delivery Date Terms & Conditions as indicated in Part A of this tender and other enclosures / annexures form an integral part of this tender document. We look forward to receive your most competitive and reasonable offer against this Tender. For Mazagon Dock Ltd Page: 3 of 3 Part-A to MDL Tender no. 8000000559 date 25.02.2015 closing on 20.03.2015 This tender supersedes the earlier tender 8000000552 dt 30.01.2015. MAZAGON DOCK LIMITED INVITES COMPETITIVE BIDS from reputed Bidders / Vendors in TWO BID SYSTEM (Part-I Techno Commercial Bid and Part-II Price Bid) for the following Work / Supplies: 1. Description of Work / Supplies / Services: Fabrication and Mounting of Ballast Covers on Diesel Cradle (Class 3 Structures) for Boat-4 to 6 as per document (SCI-033179) and Work Instructions for project P75. 2. SALIENT FEATURES OF THE SCOPE OF WORK: 2.1 The detailed technical scope of work is attached herewith as Annexure–1. 2.2 Prices are to be quoted in the Rate Sheet only, as per Annexure – 2. 2.3 Quality of work is paramount. Contractor will only deploy qualified/experienced manpower to ensure quality, planning and managerial function. 3. INSPECTION : MDL –QA/TPI and SOT 4. COMPLETION PERIOD Tentative overall period is 9 months. Tentative schedule is as under Boat 11878 11879 11880 Tentative Start Date 01.04.15 01.08.15 01.12.15 Completion Period 30 days from collection of 100% material 30 days from collection of 100% material 30 days from collection of 100% material Contractor to contact Plg-EY for exact schedule. Log Books covering Instruction Register & Hindrance Register shall be maintained by MDL / Navy. Instruction given to contractor will be recorded in the Instruction Register. The Contractor is required to report hindrances in production for recording in the register. All hindrances with date of occurrences and removal shall be noted in the Hindrance Register. The Hindrance Register shall be signed by the reps of both MDL as well as Contractor. 5. MOBILIZATION: Contractor shall complete mobilization of his workforce, tools and equipment within 3 weeks from the date of award of order. In mobilization period contractor should arrange entry passes for his employees & no excuse for delay in commencing work on this account will be entertained. 6. EARNEST MONEY DEPOSIT (EMD): Not applicable 7. BID REJECTION CRITERIA i) Following bids shall be categorically rejected; Bids received after tender closing date and time. ii) Following bid rejection criteria may render the bids liable for Rejection. a) Validity period indicated by bidders is shorter than that specified in the tender enquiry. b) Bidder’s failure to submit sufficient or complete details for evaluation of the bids within the given time period. c) Incomplete / misleading / ambiguous bids in the considered opinion of TNC. d) Bids with technical requirements and /or terms not acceptable to MDL. e) Bids not meeting the qualification parameters stipulated in the tender enquiry. f) Bids received without qualification documents where required as per the tender. g) Unreasonably longer delivery period quoted by the firm. 8. QUALIFICATION CRITERIA 8. A Similar work is defined as under: Firm should have experience in the field of fabrication for shipbuilding or submarine (above 3 mm thick plates) . 8. B Qualification Criteria Bidders should submit copies of following necessary documents to enable MDL to ascertain their qualification status. Page 1 of 20 Part-A to MDL Tender no. 8000000559 date 25.02.2015 closing on 20.03.2015 1) The bidder must have a valid Shop and Establishment Registration Certificate / Other equivalent registration certificate (from Govt. Departments) or certificate from local bodies to conduct business. 2) Details of tools & equipment and personnel with designation, qualification and experience to determine their capabilities as per prequalification criteria of scope of work in Annexure-1. 3) Bidder should have average audited annual financial turnover during the last three years (for the Year 2011-12, 2012-13 & 2013-14) should be Rs 75,000. 4) Bidder’s experience of having successfully completed similar works during last 7 years ending last day of month previous to the one in which tenders are invited should be either of the following: (i) Three similar completed works each costing not less than Rs 1 Lacs. OR (ii) Two similar completed works each costing not less than Rs 1.25 Lacs. OR (iii) One similar completed work each costing not less than Rs 2 Lacs. Note 1:- Similar type of work/ job is as defined at TEF Clause 8.A above, Note 2:- The bidders need to submit documentary evidence in support of the Qualification Criteria viz. Work order, work completion certificate issued by the party for whom the work is done. The concerned HOD or TNC has a right to verify / cross verification of authenticity of the said document whenever felt necessary. MDL reserves the right to demand original documents for verification, at any stage of the tender. Note 3:- MDL reserves the right to demand hard copy of any of the above documents and any other related documents, if required. Bidders shall comply with same. Note 4:- Details of previous experience (to be submitted with part-I offer) Sl No Order No & date Start date as per Order Completion date as per Order Actual Completion date Order placed by Description of the work Order Value Work Completio n Certificate (WCC) ref. no. & date 1 2 3 Similar type of work/ job is as defined at TEF Clause 8.A Bidders are required to submit information in the form of the table above for the orders, which qualify them as per the above criteria, bidders are also requested to mention the criteria among 8 (4) {(i), (ii) or (iii)} according to which they are qualified against this tender. Note 5:- In addition to above, for Prequalification criteria, bidders are to refer Scope of work (Annexure-1) 9. VALIDITY PERIOD: Offers shall have the validity period of 120 Days from the tender closing date. A bid valid for a shorter period will be rejected by MDL as Non-responsive. 10. PRE-BID CONFERENCE: Not Applicable. 11. SUBMISSION OF OFFER IN TWO-BID SYSTEM: Offer must be submitted in Two parts, each offer securely closed (sealed) separately, in Two Envelopes Part - I & Part – II as stated below; Technical Bid, Part-I : This Envelope super scribing the Tender No, Due date & Time should contain the following ; i) Documents as required as per qualification criteria at para 8 above and pre qualification as per technical scope of work at Annexure-1. ii) Acceptance of TEF, STACS and GT&C: Deviations to the tender terms are discouraged. However, if the bidder has any deviations w.r.t. the Tender Enquiry Form (TEF), w.r.t. Standard Page 2 of 20 Part-A to MDL Tender no. 8000000559 date 25.02.2015 closing on 20.03.2015 Terms & Conditions (STACS) applicable to this tender or w.r.t. General Terms & conditions (GT&C) applicable to this tender, the same should be filled in following respective formats (available on MDL website), mentioning the deviation against the clause no., failing which it will be construed that all clauses of TEF, STACS and GT&C are understood by the bidders and are fully acceptable to the bidder. In the event bidder has no deviations, the forms should have ‘ACC’ mentioned against the relevant clauses. Any deviations mentioned elsewhere in the offer other than in said forms will not be considered. a) OTS-F-01 {Tender Enquiry Form (TEF) Acceptance Format}. b) OTS-F-02 {General Terms and Conditions (GT&C) Acceptance Format}. c) OTS-F-03 {Standard Terms and Conditions (STACS) Acceptance Format}. Copy of tax and duties certificate for which they are registered to be submitted Acceptance on supplier’s letter head: Willingness to submit Bank Guarantee for FIM (as applicable) for lifting MDL’s FIM. In addition to the common documents as above, following documents are to be submitted by a bidder not registered with MDL: d) Bidder’s Company Profile. e) Copy of Shop & Establishment Registration Certificate/Certificate of Incorporation issued by Registrar of Companies, Ministry of Corporate Affairs, Govt. of India/SSI certificate issued by District Industries Centre, Ministry of Small & Medium Enterprises (MSME), Govt. of India/Other equivalent certificate. f) Copy of PAN Card. g) Track Record as per format OTS-F-04 (available on MDL website). h) Bank details for payment as per format OTS-F-12 (RTGS/NEFT Mandate Authorisation Form) (available on MDL website). iii) Blank rate sheet: Price schedule BLANKING the PRICES but clearly indicating ‘QUOTED / UNQUOTED’ also indicating the % of actual taxes/ duties applicable, in the prescribed format (Annexure-2) duly Signed & stamped. Price Bid, Part-II: This securely closed (sealed) Envelope superscribing Tender Enquiry No., Due date & Time should contain only the PRICES for each of the listed items strictly in the prescribed format provided with the tender. If the space provided is not sufficient, bidder may attach additional sheets. Offer in any other format shall not be considered. Both these securely closed Envelopes i.e Part-I & Part-II should be put in a Third Bigger Envelope Securely closed (Sealed), Superscribed with Tender No., Due date, time, and addressed To, General Manager (OTS), Service Block, 6th floor, North Yard, Mazagon Dock Ltd, Dock Yard Road, Mumbai, 400010, INDIA, and should be Submitted or Deposited on or before due date & time at the following designated place. OUTSOURCING DEPARTMENT 6th floor, Service Block, North Yard, Mazagon Dock Limited Dockyard Road, Mazagaon Mumbai - 400 010. In case the bid is having bulky documents, which cannot be accommodated in the designated Tender box, the same shall be received by the designated tender opening officer of the day. Timely submission of the Bids is responsibility of the bidders and no reasons / excuses in this regard will be entertained by MDL. Opening of Techno-Commercial Bid (Part-I): Techno-Commercial bid (Part-I) will be opened on the tender closing date or extended tender closing date or next working day if closing date happens to be holiday declared by MDL. Bidder (s) who wish to remain present during the tender (Part-I) opening, should nominate on their company's letterhead the name and designation of one person authorised to remain present at the time of opening the bid and send this authorisation letter. Page 3 of 20 Part-A to MDL Tender no. 8000000559 date 25.02.2015 closing on 20.03.2015 Opening of Price Bid (Part – II): After completion of technical scrutiny, intimation for opening of price bid (s) will be communicated only to techno-commercially accepted bidders. Such intimation may be given at a short notice by Fax, E-mail or even by telephone only to them. If any such bidder wishes to remain present at the time of opening of the price bid (s), they may depute one representative with proper authorisation letter. Bidder’s no response to such intimation or any request to reschedule opening of price bid (s) not acceptable to MDL, will be construed s bidder’s inability to attend the opening of price bid (s). Bidder’s any representation in this regard will not be entertained. Note: All bidders are requested to get their queries, if any, clarified well in advance. Prior to it, Bidders are also requested to visit site to have better understanding of the JOB & site conditions. For any technical clarification and visiting the site, you are requested to contact Shri Yogesh Vartak (Manager, Plg-EY) Tel. No.- 022-23763599, email id: [email protected]. You may also contact Shri C.N Thale (CM-PlgEY)- Tel. No.- 022-23763599. Email: [email protected] 12. PRICING: I. Bidder shall quote for all the services tendered & listed in the Rate Sheet. In the event the firm has not quoted for some of the items/services, and entire scope is inseparable, the bid is liable for rejection. II. Quoted Price will remain firm and fixed during the currency of order/contract execution. III. MDL shall not be bound by any printed conditions or provisions in the Contractor’s bid forms or acknowledgement of contract, invoices, packing list and any other documents which purport to impose any conditions at variance with the tender terms / final negotiated & accepted terms. IV. Growth Clause: MDL shall be at liberty to place additional work to the extent of 15% of contract value at the same Rate, terms and condition of this contract within contractual delivery period and bidder shall have to honor it. Contractor is not supposed to undertake any growth/additional/ consequential work, without specific order from OTS Dept. Else no payment will be made by MDL for such work undertaken by Contractor. 13. RANKING OF BIDS & DETERMINATION OF L-1 BIDDERS: Taxes, duties and Levis are excluded for the purpose of ranking of price bids to determine L1 bidder. There may arise a situation where overall cost (inclusive of taxes, duties and levis) of supply by the adjudged L1 bidder may be higher compared with any other bid(s) depending on the tax structure. Therefore it would be required that the adjudged L1 bidder has to reduce the price to make it competitive both before including taxes, duties and levis and after including taxes, duties and levis. If the adjudged L1 bidder does not agree to reduce the price to make it competitive after including taxes, duties and Levis, then the next ranked bidder will be afforded the opportunity so that procurement is competitive. Techno-Commercially Qualified Overall Lowest Bidder will be considered for the placement of order. (Refer rate sheet at annexure-II indicates price evaluation for arriving at lowest bidder (L1) will be on grand total value “T” at column ‘6’). 14. TERMS OF PAYMENT: Payment will be made for actual quantity of work executed, as certified on WCC, through NEFT/RTGS/ECS between 25-30 days from the date of submission of Invoice with all requisite documents, i.e., on submission of a set of original + 2 copies of the following documents to Outsourcing Department: i) Set of Original + 3 Copies of signed Tax Invoice to be submitted to OTS Department. The bills should be preferably submitted within four weeks of certification of Work Completion Certificate ‘WCC’ to OTS Department, MDL. ii) Work Completion Certificate (WCC), Service Entry no with all the necessary particulars, duly certified by an MDL Executive (User deptt.), of the rank of Chief Manager or above only, of the WCC-issuing authority. iii) Duly certified Material Reconciliation Statement. iv) In case of delays, the duration be specified in WCC to invoke LD Clause and effect recoveries from Contractors’ invoice. Note: WCC & Invoices should be submitted preferably on monthly basis based on completed work/qty. 15. SECURITY DEPOSIT: Not applicable 16. GUARANTEE: Not applicable. 17. PERFORMANCE BANK GUARANTEE: Not applicable. Page 4 of 20 Part-A to MDL Tender no. 8000000559 date 25.02.2015 closing on 20.03.2015 18. The bidder shall also abide to all statutory requirements, Official Secret Act 1923, Security and Safety Rules as per references, which are part of this tender. If contractors’ employees are not adhering to the health, safety and environment norms and the contractors are not equipping their workers with suitable safety gears, per day fine of Rs.10 per employee for non adherence to above will be levied to the contractor without prejudice to other rights to enforce the safety requirements. 19. TAXES: The items/service-wise rates quoted in the Price Bid sheet should exclude Taxes and Duties. Bidder should indicate Taxes and Duties as applicable separately in the same Price bid sheet, which will be paid extra based on tax invoice to the extent applicable. 20. LOADING CRITERIA: It is desirable that the bidder accepts the Payment Terms indicated in clause 14 above. Varied payment terms quoted by bidders as compared to the terms stated in the Tender document shall be normalized by applying S.B.I. Prime Lending Rate (prevailing at the time of opening of Price bid) plus 2% p.a. rate of interest for the period at variation. 21. PURCHASE & PRICE PREFERENCE: No Price Preference shall be given to any bidder irrespective of his status. 22. MODIFICATIONS TO THE BIDS: Bidders desirous of submitting modified bids prior to the closing date & time may do so by sending a modification notice by fax, e-mail etc but followed by a signed confirmation copy of their request so as to reach the undersigned not later than the deadline for submission of bids. However it shall be the responsibility of the bidder to ensure that the covers containing modified bids are clearly marked as “Modified / Revised Bid” and deposited in the designated tender box before the tender closing date & time. 23. WORKING ON MDL HOLIDAYS: Intimation for working on Saturday / Sunday / holidays if required, should be submitted 2 working days prior to the date of holiday indicating names of personnel to Personnel Department and Security through concerned Department. 24. TERMINATION & RISK PURCHASE If the equipment / article / service or any portion thereof be not delivered / performed by the scheduled delivery date / period, any stoppage or discontinuation of ordered supply / awarded contract without written consent by Purchaser or not meeting the required quality standards the Purchaser shall be at liberty, without prejudice to the right of the Purchaser to recover Liquidated Damages / penalty as provided for in these conditions or to any other remedy for breach of contract, to terminate the contract either wholly or to the extent of such default. Amounts advanced or part thereof corresponding to the undelivered supply shall be recoverable from the Contractor / Bidder at the prevailing bank rate of interest. The Purchaser shall also be at liberty to purchase, manufacture or supply from stock or utilise the services as it deems fit, other articles of the same or similar description to make good such default and or in the event of the contract being terminated, the balance of the articles of the remaining to be delivered there under. Any excess over the purchase price cost of manufacture or value of any articles supplied from the stock, as the case may be, over the contract price shall be recoverable from the Bidder / Contractor. 25. LIQUIDATED DAMAGES: Time is an essence of the contract therefore the job, as ordered, should be completed on the dates mutually agreed upon in accordance with the delivery schedule. In cases of delay not attributable to MDL, beyond the agreed schedule, the Supplier/Contractor shall pay liquidated damages, a sum representing 0.5% (Half percent) per week or part thereof, subject to maximum of 5% of value of yardwise work package/schedule in each case. 26. SPLIT / PARALLEL ORDER: Not Applicable However, MDL reserves the right a) To accept / reject any or all offers in part / full without assigning any reasons whatsoever. In case of any dispute, our decision in this matter shall be final and legally binding on you. b) To consider placement of Order in part or in full against the tendered quantity. Page 5 of 20 Part-A to MDL Tender no. 8000000559 date 25.02.2015 closing on 20.03.2015 27. Contractors shall not engage employees of other contractors presently working in MDL & recorded at Security Dept. The contractor can engage such employee if other contractor gives No Objection Certificate for such engagement & cancel the name of such desirous employee from his roll & accordingly convey to Security. The contractor engaging such employee without permission is liable for penalty including termination of contract & forfeiture of Security Deposit. Such penalty can also be imposed if it is observed that supervisors / Workers deployed by contractor are not on their roll as per statement submitted by him at Security. 28. The contract will be governed by ST&CS and General Terms and conditions while executing work. In case of discrepancy, clauses mentioned in Tender, Technical Scope and Rate sheet will override the clauses mentioned in other Annexures including ST&CS & GT&C. 29. Procedure for Entry Passes for the Contractor’s Employees: - A Detailed procedure is displayed on the website www.mazagondock.gov.in under Work/Service Contracts→ Tenders. 30. NON-DISCLOSURE AGREEMENT: All drawings and relevant documents (Standard DCN documents), Work Instructions for constructions/fabrication purpose (will be provided by Planning Dept., East Yard, MDL / Nominated Dept. of EY only on execution of Non-disclosure Agreement in enclosed format on Rs 100/- non judicial stamp paper. The drawings/documents such issued shall be on returnable basis, without reproduction/retention of the copies at the bidder's end. The bidders must submit their request for drawings & documents on their letterhead with proper authorization for the bearer of the letter. 31. MODIFICATION/REWORK: Refer the Technical Scope of Work (Annexure-1). 32. FREE ISSUE MATERIAL(FIM): All Free Issue Material shall be issued to the subcontractor only on submission of Bank Guarantee/ Indemnity Bond with Insurance of the requisite amount. FIM cost – Rs. 30,000 for 03 Boats (FIM cost - Rs. 200 for per kg material), for bending/forming of plates outside MDL. However, it may not be applicable for completing bending/forming of plates inside MDL). Free issue material for carrying out the subject work at Contractor’s premises/workshop, the raw materials, etc. shall be issued by MDL to the Contractor free of any charges. Prior to collection of such Free Issue Material (FIM) from MDL premises, the Contractor shall furnish Bank Guarantee (BG) (format available on MDL website at OTS-F-10)/Indemnity bond with insurance issued to them. No delay in submission of BG / Indemnity bond with insurance for FIM shall be permissible. The BG for FIM shall have the validity for the period from date of lifting of the FIM from MDL/nominated place till four weeks beyond the end of the contractual completion period. 33. PUBLIC GRIEVANCE CELL: A Public Grievance Cell headed by Shri. S.D Kajawe. General Manager (FCA) has been set up in the Company. Members of public having complaints or grievances are advised to contact him on Wednesday between 10.00 hours and 12.30 hours in his office on 3rd floor, Mazadock Building or send their complaints / grievances to him in writing for redressal. Contact Telephone No is 23762106 We look forward to receive your most competitive and reasonable offer against this tender. Thanking you, Yours faithfully, For MAZAGON DOCK LIMITED, MANAGER (OUTSOURCING DEPARTMENT) Page 6 of 20 Part-A to MDL Tender no. 8000000559 date 25.02.2015 closing on 20.03.2015 Note: Before quoting against this Tender, the prospective bidder is requested to go through the Tender Enquiry document (& Annexes, if any) thoroughly & carefully. Deviations to the Terms & Conditions of the Tender are highly discouraged. Therefore, any doubts arising in respect of any of the Terms & Conditions stipulated, Qualification Criteria, clarification if any w.r.t Documentation / Procedural requirements, etc. Shall get clarified by the prospective bidder through the Dealing Executive invariably before the submission of the Bid. Note: All bidders are requested to get their queries, if any, clarified well in advance. Prior to it, Bidders are also requested to visit site to have better understanding of the JOB & site conditions. For any technical clarification and visiting the site, you are requested to contact Shri Yogesh Vartak (Manager, Plg-EY) Tel. No.- 022-23763599, email id: [email protected]. You may also contact Shri C.N Thale (CM-Plg-EY)- Tel. No.- 022-23763599. Email: [email protected] ANNEXURES: ANNEX-I Scope of Work ANNEX-II (Rate Sheet ) ANNEX-III - Sample Quality Assurance Plan ANNEX-IV - Responsibility Matrix ANNEX-V - Format of Non Disclosure Agreement. References: Available on MDL Website - www.mazagondock.gov.in/ →Work/Service Contracts www.mazagondock.gov.in → tenders → shipbuilding → Outsourcing 1) Standard Terms & Conditions (STACS) 2) General Terms And Conditions while executing work. 3) Official Secrets Act 1923 4) Safety Code for Sub-Contractors. 5) Loading Factor 6) Procedure for entry passes or Formats: (Available on MDL Website - www.mazagondock.gov.in/ →Work/Service Contracts 1) OTS -F-01 Tender Enquiry (TEF) Acceptance Format. 2) OTS -F-02 General Terms And Conditions (GT&C) Acceptance. 3) OTS -F-03 Standard Terms & Conditions (STACS) Acceptance Format. 4) OTS -F-04 Track record. 5) OTS-F-11 (ECS details) 6) OTS -F-12 RTGS/NEFT Mandate Authorisation Form. Page 7 of 20 Part-A to MDL Tender no. 8000000559 date 25.02.2015 closing on 20.03.2015 ANNEXURE-I SCOPE OF WORK Fabrication and Mounting of Ballast Covers on Diesel Cradle (Class 3 Structures) for Boat-4 to Boat-6 as per document (SCI-033179) and Work Instructions for project P75 in MDL premises. The Work is divided into 02 phases viz: a) Fabrication of Plates. b) Mounting of Plates on Diesel Cradle. PRE-QUALIFICATION CRITERIA Firm should have following facilities for fabrication and mounting of Ballast Covers on Diesel Cradle in MDL premises:1. Manpower- At least 01 qualified welder, qualified by third party such as IRS,ABS,LRS., 02 fitter & 01 supervisor and 04 no. of labours to complete the job. 2. Tools and Equipments – a) Minimum 01 no. inverter based welding machine /rectifiers (duly calibrated) along with all necessary welding accessories such as cables, holders, gouging torches, gas cutting torches etc. b) Portable grinder & Portable drilling machine etc. c) Arrangement for forming & bending of parts. 3. Measuring Tools a) Calibrated straight edge -1Mtr and 3 Mtr for inspection of straightness of Panels. b) Calibrated Inspection/measuring instruments/tools required for inspection and fabrication purpose. Subcontractor to produce the certificate of calibration on demand during inspection. 4. NDT facility- The firm should have In-house/ outsourced facility for various NDT’s such as RT, DP, MPI, UT etc. 5. Quality Management Systems- Dedicated QA Engineer / staff. Proper documentation of every stage of work like material identification, material collection, marking, template inspection, edge preparation, Fitup inspection, Weld visuals, NDT, final dimensional checking, load testing, inspections etc in the prescribed format of earlier/ existing work undertaken. 6. Experience- Firm should have experience in the field of fabrication for shipbuilding or submarine (above 3 mm thick plates) Note – MOU not acceptable for above facilities except for forming & bending of parts. MDL's Scope Work Instructions 1. Work instructions for Ballast Covers will be provided by MDL prior to commencement of work. In case of any query, the subcontractor can contact Planning Dept., EY. Material /Services 2. Cut parts of Non - HLES material and Non HLES sections/ stiffeners. 3. Welding filler wire/ welding electrodes for fabrication. Consumption limit of electrodes is not to exceed 3 % of total weight. Any consumption over and above this limit, if required, must be justified by the subcontractor and got certified by OIC (W-EY) prior to issue. 4. Electricity for welding/ grinding/ fabrication and mounting of Ballast covers on Diesel Cradles in MDL. 5. Crane facilities for lifting & shifting of material along with crane operator in MDL premises. Required lifting tools & tackles with test certificates to be arranged by sub-contractor. 6. Compressed air up to designated location, from where sub-contractor has to arrange hose pipes & connections for taking air. 7. Suitable space for the subcontractor’s office and space for lockable storage cabinets for storing material/ instruments. Sub-contractor may have to buy own porta cabin (approx size 20 feet/ standard size L-20ft, b8ft, h-8ft). Page 8 of 20 Part-A to MDL Tender no. 8000000559 date 25.02.2015 closing on 20.03.2015 Drawings 8. All drawings and relevant documents (Standard DCN documents), SCI-033179, Work Instructions for construction/fabrication purpose will be given by Planning Dept., East Yard, MDL/nominated Dept. of EY only on execution of Non-disclosure Agreement, as explained in the tender document. For Welder Qualification 9. Welding machines for qualification of welders at MDL premises for Non – HLES material. 10. Welding test coupons of required thickness and the consumables (electrodes) required for welders’ qualification tests. 11. NDT test required for welder qualification. Note:-Any material, equipments, infrastructure facility, required directly or indirectly for completing the subject work, as per the scope of work & drawing given, if not mentioned in MDL's scope, has to be arranged by the subcontractor without any extra cost to MDL. SUB-CONTRACTOR’S SCOPE Job Description 12. The subcontractor has to fabricate the ballast covers and mount the same as per work instructions, drawings, documents, COS & procedures provided by MDL. For mounting of plates drilling is to be undertaken on plates & on diesel cradle by subcontractor including all bending & forming work as per drawing SCI-033179. Firm should have arrangement for forming & bending of parts as per requirement of job. 13. Gas required for cutting & welding to be arranged by sub contractor. However the firm has to buy the same from the MDL approved vendor. 14. Cutting of MDL supplies stiffeners. 15. The subcontractor may have to further cut the received materials to size, if required, and make edge preparation as per drawing/requirement for fabrication. Also drilling work as mentioned in the drawing is to be done by them. 16. Forming of parts wherever required. 17. Rectification of structures at every stage of work. 18. The plate edge preparation is required to have the requisite surface finish on the edges and the weld areas etc. as per Document SCI-002522. 19. Subcontractor has to do blasting & painting of various sizes of plates (Approx area 5 M2) in MDL through existing MDL sub-contractor M/s Ajanta, payment for the same has to be made by him. Crane facilities for lifting & shifting of material along with crane operator in MDL premises will be provided by MDL. 20. The subcontractor has to keep the record of weld consumables and submit the same to OIC (Welding-EY) while issuing of new consumables. 21. Mobilization period – 03 weeks from the date of order placement. 22. QAP- QAP is to be prepared by vendor and is to be approved from MDL within 07 days of order placement. Draft QAP is placed at Annexure-3. 23. Safety- The subcontractor must ensure provision of all safety gears and personal protective equipments for their employees and follow safety rules and regulations. 24. Work completion certificate (WCC): Work Completion Certificate (WCC) shall be issued on satisfactory completion of respective work with inspection and acceptance reports. The agency responsible to issue WCC shall be user/ MDL outfitting. 25. Reconciliation: Subcontractor has to submit reconciliation statement along with payment invoice for all material taken from MDL for this job including cut pats, stiffeners, welding consumables. Reconciliation statement should be duly signed by CM & above of user/ MDL outfitting. Qualification of Welders 26. On receipt of the Subcontract Order, welder qualification must commence within one- week time to enable early start of fabrication work. Welding qualification may take 4-6 weeks or more depending on the quality of welder sent by subcontractor for qualification. The plan for welder’s qualification has to be worked out by the subcontractor with OIC (QA-EY) and OIC (W-EY) soon after the placement of Order. 27. The subcontractor has to qualify 01 No. of welder for non-HLES materials in all SMAW welding for fillet and butt weld for plates thickness 3 mm and above (as per job requirement) as per welders qualification procedures.QA-EY/SOT (Mb) will qualify the welders at MDL. In view of this, the subcontractor shall deploy 01 No. qualified welders by any approved third party, so that their training & qualification could be Page 9 of 20 Part-A to MDL Tender no. 8000000559 date 25.02.2015 closing on 20.03.2015 started immediately on placement of Order and to meet the delivery schedule of structures. 28. The welding qualification plan is to be understood for the welder qualification. It may be noted that the "Welder Qualification" has various stages, which have to be qualified step by step by the welder. In order to qualify finally, so that the welder can be deployed / allowed to work on the plates and sections, it takes approximately 20 days of training. It is therefore absolutely essential that the welders who are required to be trained for deploying on these jobs must be on the permanent rolls of the subcontractor’s firm. 29. Once the welders nominated by Firm are qualified by MDL for the subject work, they will be deployed continuously on this job. In case of not deploying these welders on MDL's jobs, the cost of training as well as the cost of electrodes & the raw materials consumed for training on such welder (s) will be recovered from the subcontractor's invoices. The original certificate of qualification of these welders will be kept with QA-EY Department for MDL record. In case of quitting of the trained & qualified welders, the qualification of additional welders at MDL will be on chargeable basis to the subcontractor. Quality of Product 30. The subcontractor must ensure dimensional accuracy and control welding distortions. It is, therefore, absolutely essential to follow the procedures as mentioned in the documents provided. 31. The tolerance requirements as per SCI-002288. It is necessary that contractor keeps quality requirement in mind and ensure that work is done to best of accuracy. 32. On any defect, a Non conformity report (NCR) is to be raised. The detailed procedure of NCR is to be understood by the subcontractor and implemented. The repair orders are to be approved by the concerned authorities. All anomalies detected during the fabrication should be traced by Non Conformity Report (NCR). The subcontractor will have to establish and manage the NCR’s in accordance with given documents and procedures & will address the same to QA-EY for its decision. In case of non conformity, QA-EY will advise NCR procedure. The above document is available for verification with QA-EY. The subcontractor has to comply with NCR procedures. 33. The subcontractor shall take all necessary precautions to minimize wastage/rework/damage during fabrication. Any such damages/nonconformities may be repaired with prior approval of the Production Officer in-charge and QA-EY of MDL and relevant documents are to be prepared. Micro Plan Submission: 34. The Subcontractor is to prepare a micro plan of each structure within 10 days after awarding the contract with bar chart with dates for each activity required for fabrication of structure. GENERAL SUBCONTRACTOR’S SCOPE Material 35. All type of consumables (grinding wheel etc.) apart from welding electrodes & filler wire for fabrication of plate. Manpower 36. At least 01 qualified welder qualified by third party such as IRS,ABS,LRS., 02 fitter & 01 supervisor and 04 no. of labours to complete the job. Equipment Fabrication / Welding 37. Inverter based welding machines i.e. rectifiers. 38. Baking ovens, Portable ovens required for handling the electrodes (usage of ovens with asbestos cloth inside is not permitted). 39. Edge beveling and machining facility. 40. Drilling machines. 41. (Portable) Grinding machines (pneumatic + electric). Material Handling 42. Magnetic clamps are not permitted for handling of material. Measuring Tools / Other Tools / Templates etc 43. Support tools/ clamping arrangement on the platform. 44. Other calibrated Inspection/measuring instruments/tools. At test one calibrated measuring tape, welding gauges required for inspection and fabrication purpose. NOTE: All equipment & inspection/measuring instruments/tools required for this job should be calibrated. All records of calibration to be maintained & produced whenever asked. Page 10 of 20 Part-A to MDL Tender no. 8000000559 date 25.02.2015 closing on 20.03.2015 Collection & Delivery of Material. 45. The subcontractor has to collect the materials (plates, sections, electrodes, etc.) from MDL. 46. Tentative delivery schedule is as tabulated below: Sr. No Boat Start Date Completion Date 1 11878 01.04.15 30.04.15 or 30 days from collection of 100% material 2 11879 01.08.15 31.08.15 or 30 days from collection of 100% material 3 11880 01.12.15 30.12.15 or 30 days from collection of 100% material 47. Passes. The subcontractor’s Site Engineer/Material handling personnel/ key persons must apply for East Yard pass in order to meet/discuss with officials of East Yard Production / Planning / Design, etc. INSPECTIONS AND TESTS 48. Inspection will be undertaken by QA-EY/TPI & SOT (MB). 49. Non destructive tests required for fabrication of structures are to be arranged by the subcontractor at their own cost by MDL approved lab. 50. The subcontractor(s) have to arrange all the required Non destructive testing as per drawing & COS. (to be conducted in laboratory) such as RT, DP, MPI, UT, etc. to be taken at various stages as indicated by the inspection agency at their cost. Class II film to be used for RT report. Documentation 51. Detailed Documentation is necessary for the work. Every stage of work like, material identification, marking, template inspection, edge preparation, Fit-up inspection, Weld visuals, NDT, final dimensional checking are to be offered to QA-EY/SOT (MB) and after obtaining clearance, to be documented by the subcontractor as per the Protocols provided by MDL. 52. All stage inspection reports, overall dimension, NDT and final acceptance documents should be prepared by the subcontractor. They have to also carry out the required documentation as per procedures given in COS and various annexure attached to the tender document. It is necessary that for this work, the subcontractor deploy a separate qualified & experienced person, who shall keep a proper quality record as well as carry out quality checks. The subcontractor is required to conduct on input data review prior to the commencement of the work and on end of task review before dispatch of the finished/ semi finished work for next stage of production to any other yard (Ref- DCNS TAF 1359). The subcontractor may contact QA-EY Department and study the procedure/steps of preparation of different documents at different stages of fabrication as well as maintaining the preheating records, preparation of NCRs, etc. 53. The subcontractor has to maintain the record of materials issued and to return the all balance materials to MDL, based on which reconciliation of material would be made by production department. This would be deciding factor in release of payment. 54. Preservation of all protocols dully filled, signed and submission of same to QA-EY prior to delivery of finished material. Note: 55. Rework. Any rework due to MDL because of any changes in drawing will be paid 1.2 times the rate finalized as per the rate sheet. The subcontractor must not undertake any such rework without placement of Order by MDL to that effect. Whereas any rework due to non-conformity from quality requirement point of view has to be made good by the subcontractor at no extra cost to MDL. 56. Any actions/work which is required to be done by the subcontractor in order to complete the work as per the drawings and COS, till it is accepted by QA-EY & SOT (Mb), and if the same is not included in MDL scope, are to be treated as under the scope of work of the subcontractor, without any extra cost to MDL. 57. All Free Issue Material shall be issued to the subcontractor only on submission of Bank Guarantee/ Indemnity Bond/ Insurance of the requisite amount. FIM cost – Rs. 30,000 for 03 Boats (FIM cost - Rs. 200 for per kg material), for bending/forming of plates outside MDL. However, it may not be applicable for completing bending/forming of plates inside MDL). 58. Contractor has to quote rate per item wise as per rate sheet (Annexure-2). 59. Responsibility Matrix: As per Annexure-4. 60. PERFORMANCE BANK GUARANTEE: Not required. 61. FREE ISSUE MATERIAL – Applicable. 150 kg approx. for 03 Boats. (For bending/forming of plates outside MDL). 62. PARALLEL & SPLIT RATE CONTRACT: No. 63. In case of the contractor’s performance (03 months from the date of order) is not satisfactory MDL reserves the right to cancel the order and lift the material from contractor. Page 11 of 20 Part-A to MDL Tender no. 8000000559 date 25.02.2015 closing on 20.03.2015 ANNEXURE-II Rate Sheet Sl Activity (1) 1 2 3 4 5 (2) Plates Fabrication & Mounting without stiffeners & forming (Set no. 1 ,2, 6, 9 & 10) Plates Fabrication & Mounting with forming (Set no. 5, 11 & 12) Plates Fabrication & Mounting with stiffeners & forming (Set no. 3, 4, 7 & 8) Plates Fabrication & Mounting with stiffeners (Set no. 13 & 14) Mounting of Collar Plates Qty for Unit of 3 boats measurement (3) (4) 15 Set 9 Set 12 Set 6 Set 66 Nos Grand Total Unit Rate without taxes (Rs) (5) Total Value without taxes for 3 boats (Rs.) (3)X(5) (6) T= Pl. indicate % of service Tax applicable _______________ % Bidders Confirmation: It is confirmed that the quantum, quality and nature of work has been ascertained by visiting the site. Note: 1. L1 will be determined on Grand Total basis “T” at column ‘6’ (total of Sr. No- 1 + 2 + 3 + 4 + 5 above). 2. Bidders must quote for all items i.e, all items are mandatory. 3. The quoted prices must be inclusive of all expenses to be incurred by the contractor for the scope of work as per the tender’s requirement. 4. Quantity shown at column 3 is indicative. However, Payment will be made for actual quantity of work executed, as certified in WCC 5. Your rates shall be exclusive of taxes and duties, which are to be indicated separately. Taxes and duties as applicable will be paid to the contractor, who have relevant registration number to be quoted on the tax invoice. 6. If the total in col. (6) is ambiguous or there is a mistake in calculation then unit rate will be considered for calculation and then totaling for determination of L1 Page 12 of 20 Part-A to MDL Tender no. 8000000559 date 25.02.2015 closing on 20.03.2015 ANNEXURE-III SAMPLE QUALITY ASSURANCE PLAN Drg. No. : SCIQUALITY ASSURANCE PLAN FOR FABRICATION AND 033179 MOUNTING OF BALLAST COVERS ON DIESEL CRADLE. INSPECTED BY Sr. STAGES OF TYPE OF INSPECTION SUBMDL SOT REMARKS No. INSPECTION CON. QA QA (MB) 1 Welding Procedure and Welder Performance Qualification 2 Welder Qualification 3 Material Identification 4 Qualified WPS will be supplied by MDL -- -- -- W W W -- -- -- Forming of Parts Visual 100%, RT 100% Identified material supplied by MDL Dimensions, Shape W R R 5 Welding Weld Visual & NDT W W W 6 Inspection After Welding Dimensions, Deformation, Steel Preparation & Weight W W W NOTE: 1. The sample QA plan given above is only indicative and the subcontractor has to prepare the exhaustive QA Plan and submit it for approval by QA-EY. 2. Please ensure the completion of the work at the stage before offering to MDL QA to avoid wastage of inspector’s Mandays. 3. Contractor must have to calibrate measuring instruments, welding gauges to measure leg/throat length etc. Page 13 of 20 Part-A to MDL Tender no. 8000000559 date 25.02.2015 closing on 20.03.2015 ANNEXURE-IV RESPONSIBILITY MATRIX Sr. No. Description of Job Vendor MDL 1 Welder Qualification 2 Material for fabrication including consumables 3 Plate preparation 4 Plates fabrication as per SCI-033179 5 Finished Cradle for mounting of Plates 6 Mounting of Plates on cradle 7 Preparation of QAP for approval 8 Blasting & painting 9 Final Inspection as per approved QAP. 10 Following of all safety norms & procedures 11 Safety equipments for own work force 12 Issue of WCC by user department. 13 Submission of Invoices to OTS with WCC. 14 Release of payment Note: - This is only for understanding the SOW. But SOW takes precedence over Responsibility Matrix in case of ambiguity. Page 14 of 20 Part-A to MDL Tender no. 8000000559 date 25.02.2015 closing on 20.03.2015 ANNEXURE-V NON DISCLOSURE AGREEMENT (NDA to be executed on a non-judicial stamp paper of Rs. 100/- denomination) THIS NON DISCLOSURE Agreement made at Mumbai, India on this ____________ day of _________2014 between Mazagon Dock Limited a company registered under the Companies Act, 1956 and having its registered office at Dockyard Road, Mumbai-400 010 (hereinafter referred to as “MDL”) and _______________________________________________a company registered under the Companies Act, 1956 and having its registered office at_____________________________________________(hereinafter referred to as “____________________”). MDL and __________________ shall hereinafter be collectively referred to as “the Parties” and individually as “a Party”. WHEREAS A*. MDL has floated a tender and is required to provide certain information to (name of the bidder) to prepare his bid and/or AA **. The Parties are considering to enter into a _______________________for which each Party shall provide information (“Disclosing Party”) to the other Party (“Receiving Party”) which at present is confidential and not in the public domain. B. The Parties intend that the aforesaid information be kept confidential as between the Parties. The Parties undertake and declare that they shall not divulge, publish or reproduce the same before any party or person except in accordance with the terms of this Agreement. NOW THEREFORE the Parties agree as follows: 1. As used in this Agreement (hereinafter referred to as the “Agreement”) the term “Confidential Information” shall mean any technical, confidential, proprietary or trade secret information or data disclosed by the Disclosing Party in connection with the_________________________________ to the Receiving Party including without limitation any written or printed documents, specifications for the vessel, plans, general arrangement plans, production schedules, drawings, samples, models, information regarding business operations, financial information, marketing strategies, either in writing or orally or any means of disclosing such Confidential Information that the Disclosing Party may elect to use prior to the execution or during the validity of this Agreement. The Receiving Party agrees that all Confidential Information shall be treated as absolute confidential and the Receiving Party shall not disclose to any person such information otherwise than in terms of this Agreement. The Receiving Party will impose a similar duty of confidentiality on any person to whom the Receiving Party is permitted to transfer such information in accordance with the terms hereof. For the purposes of this Agreement, the term “Receiving Party” shall mean and include its officers, employees, directors, agents, contractors, representatives, affiliated companies, successors and assigns. 2. Nothing in this Agreement may be construed as compelling the Disclosing Party to disclose any Confidential Information to the Receiving Party or to enter into any contractual relationships with the Receiving Party. 3. Any information or data in whatever form disclosed by the Disclosing Party to the Receiving Party and which (i) is clearly identified as Confidential Information by an appropriate and conspicuous marking or (ii) has been identified as Confidential Information at the time of disclosure shall be subject to the relevant terms and conditions of this Agreement. The Disclosing Party’s decision whether any information disclosed by it under this Agreement is confidential or not shall be final and binding on the Receiving Party. 4. The Receiving Party hereby covenants that the Confidential Information received from the Disclosing Party shall: (a) Be safely kept by the Receiving Party; the Receiving Party shall protect the Confidential Information with the same degree of care as the Receiving Party uses with its own confidential information in order to prevent its disclosure, copy and / or its use (but in no event less than reasonable care) for purposes other than the Proposal. (b) Be only disclosed to, and used by, those employees or directors who have a need to know. (c) Not be disclosed to a third party except those with a need to know provided they receive such information subject to the same restrictions as are contained in this Agreement. (d) Be used by the Receiving Party directly or indirectly, solely for the purpose of considering, evaluating and effecting the tender/bid/contract. 5. The Receiving Party shall promptly upon requests by the Disclosing Party at any time return all copies of the Confidential Information communicated to it hereunder together with all copies and extracts made thereof and shall not retain any copies of the same, in any form whatsoever. 6. The Receiving Party shall have no obligations or restrictions with respect to: (a) Information publicly known through no wrongful act of the Receiving Party. Page 15 of 20 Part-A to MDL Tender no. 8000000559 date 25.02.2015 closing on 20.03.2015 (b) Information rightfully disclosed by a third party without breach of this Agreement by the Receiving Party and which can be communicated without restriction. (c) Information which was already known or which was independently developed by the Receiving Party (provided that the Receiving Party can demonstrate the same). (d) Information, the disclosure of which the Disclosing Party authorizes in writing. 7. Nothing in this Agreement shall be construed as granting to the Receiving Party any patent, copyright or design license, or rights of use under similar intellectual property rights in respect of the Confidential Information. 8. The Receiving Party shall not without prior written consent of the Disclosing Party: (a) Disclose to any person, directly or indirectly: i) The fact that the Confidential Information has been made available to the Receiving Party by the Disclosing Party or that the Receiving Party has inspected any portion of the Confidential Information; or ii) The fact that any discussion or negotiation is taking place concerning the Proposal; or iii) Any of the terms, conditions or other facts with respect to the Proposal, including the status thereof; or (b) Make any private or public announcement or statement concerning or relating to the Proposal. 09. The Disclosing Party represents and warrants that save as otherwise notified in writing to the Receiving Party: a) Disclosure of information by it to the Receiving Party does not infringe the rights of any third party nor is it under any restriction with regard to the disclosure of any information, and that where applicable, it has obtained all licenses and consents necessary to enable the lawful disclosure of information by it to the Recipient; and b) It is not aware of any restriction on the use of such information by the Receiving Party, save as provided in this Agreement. c) To the effect that the foregoing representations and warranties shall be deemed to be given at the date of this Agreement and after that date upon and in respect of each disclosure. The Disclosing Party makes no warranty or representation whatsoever as to the accuracy, completeness, suitability or adequacy of any information or as to the results obtained from it and assumes no responsibility in respect of the use of the information by the Receiving Party. 10. The Receiving Party shall indemnify and hold harmless the Disclosing Party from and against any action, claim or proceeding and any loss, damage, costs, expenses or liabilities arising out of any such action, claim or proceeding, brought by any third party pursuant to any unauthorized disclosure or use of any information by the Receiving Party, or by any person for whom the Receiving Party is responsible under this Agreement, or pursuant to any breach of any undertaking, warranty or representation contained in this Agreement. 11. For the purposes of this Agreement ‘Classified Information’ shall mean information, documents and material of any kind which the respective Government i.e. Indian Government has given or caused to be given a security classification irrespective of whether the same is transmitted orally, electronically, in writing or by hand. Notwithstanding any other provision of this Agreement: a) Each Party hereto undertakes to follow security procedures prescribed for military purposes with respect to disclosure, receipt, production, use and handling of Classified Information. b) Any Classified Information, disclosed by one Party hereto shall be, whatever the method of disclosure be, identified by the Disclosing Party as Classified Information at the time of disclosure. c) The provisions of this Clause are to remain in full force and effect notwithstanding any termination by expiration or otherwise of this Agreement. 12. In the event the Receiving Party is required to disclose Confidential Information under any provision of law or upon an action, subpoena or order of a court of competent jurisdiction or of any requirement of legal process regulation or governmental order, decree, regulation or rule, the Receiving Party will immediately notify the Disclosing Party of its having received a request to so disclose (alongwith the terms and circumstances thereof), unless otherwise prohibited by law and consult with the Disclosing Party on action or steps to be taken in response to such request. 13. This Agreement represents the entirety of the agreement of the Parties relating to the disclosure of the Confidential Information and shall not be waived, amended or assigned by the Receiving Party except by prior written consent of the Disclosing Party. No failure or delay by any party in exercising any right, power or privilege hereunder shall operate as a waiver thereof nor shall any single or partial exercise of any right, power or privilege. The rights and remedies herein provided shall be cumulative and not exclusive of any rights or remedies provided by law. 14. This Agreement shall be valid for a period of __________(______) years from the date of its execution between the parties. Notwithstanding the aforesaid, the obligations of Parties in connection with confidentiality under this Agreement shall survive in perpetuity. 15. The foregoing constitutes the entire Agreement between the Parties with respect to the subject matter hereof and supersedes and cancels any prior representation, understanding and commitment (whether oral and written) Page 16 of 20 Part-A to MDL Tender no. 8000000559 date 25.02.2015 closing on 20.03.2015 made between the Parties with respect to or in connection with any of the matter of things to which this Agreement applies. 16. This Agreement shall be governed by and shall be interpreted in accordance with the laws of India. 17. Any dispute arising in connection with or out of the validity, performance or the interpretation of this Agreement shall be finally settled by the competent jurisdiction in Mumbai. 18. The Receiving Party acknowledges that any breach of the terms and conditions of this Agreement may cause the Disclosing Party irreparable damage for which recovery of money damages would be inadequate. Therefore, the Receiving Party agrees that the Disclosing Party shall be entitled, in addition to any other remedies available to it, to seek injunctive relief and/or other equitable relief to prevent or restrain any breach by the Receiving Party or its employees/officials, or otherwise to protect its rights, under this Agreement. 19. Unless otherwise provided herein, all notices or other communications under or in connection with this Agreement shall be given in writing and may be sent by personal delivery or post or courier or facsimile at the address as specified herein below: To MDL Address: Phone No.: Fax: E-mail: To __________ Address: Phone No.: Fax No. : E-mail: Any such notice or other communication will be deemed to be effective if sent by personal delivery, when delivered, if sent by post, 4 (four) days after being deposited in the post and if sent by courier, one day after being deposited with the courier, and if sent by facsimile, when sent (on receipt of a confirmation to the correct facsimile number). IN WITNESS WHEREOF, this Agreement is executed by authorized representatives of both the Parties in two (2) originals. Signed by the within named Signed by the within named MDL ______________________ _________________________ __________________________ ___________________________ In the presence of In the presence of * - A: Pre-submission of Bid **- AA: Post Entering of Contract ***** Page 17 of 20 Part-A to MDL Tender no. 8000000559 date 25.02.2015 closing on 20.03.2015 TEF ACCEPTANCE FORMAT To, MAZAGON DOCK LIMITED OUTSOURCING DEPARTMENT TEF CLAUSE No. BIDDER’S REMARK TEF CLAUSE No. ACC. / DEV. BIDDER’S REMARK TEF CLAUSE No. ACC. / DEV. ACC. / DEV. 1 14 27 2 15 28 3 16 29 4 17 30 5 18 31 6 19 32 7 20 33 8 21 9 22 10 23 11 24 12 25 13 26 COMPANY’S NAME & ADDRESS : _____________________________ _____________________________ BIDDER’S REMARK SIGNATURE : DATE : NAME : DESIGNATION : BIDDER’S COMPANY SEAL: _____________________________ NOTES : 1. Bidders should carefully read the Terms & Conditions of the Tender Enquiry Form (TEF) prior to filling up this acceptance format.. 2. This format should be properly filled, signed and returned by the bidder(s) alongwith their technical offer for considering their Bid. 3. Bidder(s) should indicate “ACC” for Accepted, “DEV” for Deviation Taken for each clause number in the above table. 4. Bidder(s) to attach Separate Sheet indicating all relevant details such as Number & description of the Clause, Reasons for Deviation and Alternative suggested for any deviations taken by them. 5. Clause numbers shown in the above format also includes the sub-clauses under these clauses. Page 18 of 20 Part-A to MDL Tender no. 8000000559 date 25.02.2015 closing on 20.03.2015 FORMAT (OTS-F-02) GENERAL TERMS AND CONDITIONS (GT&C) ACCEPTANCE FORMAT To MAZAGON DOCK LIMITED OUTSOURCING DEPARTMENT MUMBAI 400 010. STACS CLAUSE No. BIDDER’S REMARK TEF CLAUSE No. ACC. / DEV. BIDDER’S REMARK TEF CLAUSE No. ACC. / DEV. ACC. / DEV. A10 A80 A150 A20 A90 A160 A30 A100 A170 A40 A110 A180 A50 A120 A190 A60 A130 A200 A70 A140 COMPANY’S NAME & ADDRESS : _____________________________ _____________________________ _____________________________ BIDDER’S REMARK SIGNATURE : DATE : NAME : DESIGNATION : BIDDER’S COMPANY SEAL: NOTES: 1. Bidders should carefully read the General Terms & Conditions (GT&C) of the Tender Enquiry prior to filling up this acceptance format. 2. This format should be properly filled, signed and returned by the bidder(s) alongwith their technical offer for considering their Bid. 3. Bidder(s) should indicate “ACC” for Accepted, “DEV” for Deviation sought for each clause number in the above table. 4. Bidder(s) to attach Separate Sheet indicating all relevant details such as Number & description of the Clause, Reasons for Deviation and Alternative suggested for any deviations sought by them. 5. Clause numbers shown in the above format also includes the sub-clauses under these clauses. For example Clause no. A10 means – Clause nos. A11, A12, A13. Page 19 of 20 Part-A to MDL Tender no. 8000000559 date 25.02.2015 closing on 20.03.2015 FORMAT (OTS-F-03) STANDARD TERMS AND CONDITIONS (STACS) ACCEPTANCE FORMAT To MAZAGON DOCK LIMITED OUTSOURCING DEPARTMENT MUMBAI 400 010. STACS CLAUSE No. BIDDER’S REMARK TEF CLAUSE No. ACC. / DEV. BIDDER’S REMARK TEF CLAUSE No. ACC. / DEV. ACC. / DEV. 101 260 360 102 270 370 103 280 380 120 290 390 200 300 400 210 310 410 220 320 420 230 330 430 240 340 440 250 350 COMPANY’S NAME & ADDRESS : _____________________________ _____________________________ _____________________________ BIDDER’S REMARK SIGNATURE : DATE : NAME : DESIGNATION : BIDDER’S COMPANY SEAL: NOTES: 1. Bidder(s) should carefully read the Standard Terms & Conditions (STACS) included in the tender prior to filling up this acceptance format. 2. This format should be properly filled, signed and returned by the bidder(s) alongwith their technical offer for considering their Bid. 3. Bidder(s) should indicate “ACC” for Accepted, “DEV” for Deviation sought for each clause number in the above table. 4. Bidder(s) to attach Separate Sheet indicating all relevant details such as Number & description of the Clause, Reasons for Deviation and Alternative suggested for any deviations sought by them. 5. STACS clause numbers shown in the above format also includes the sub-clauses under these clauses. For example 220 means – clause nos. 220, 221, 222. Page 20 of 20
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