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nder Number:- 1600000012 Tender Date:- 27.09.2011 RFQ Number:- 2170000009

Sl. No. Material/Service Details Quantity/Unit Delivery Date

MANHOLES(COAMING) SIZE 'B'

Material Description :MANHOLES(COAMING) SIZE 'B'MANHOLE COAMING TYPE 'B'WITH CLEAR OPENING 450x400.TOTAL NO. OF MANHOLES 32 NOS.AS PER DRG. NO. 161801 REV 1ITEM NO 1 TO 6 AND TABLE NO.1 FOR COAMING TYPE MANHOLE

400 Material Number:- 150000000000013646MANHOLES(RECEPS) SIZE 'RB'

30 Number 30.04.2012

Material Description :MANHOLES(RECESS) SIZE 'RB'MANHOLE RECESS TYPE RB WITH CLEAR OPENING 450x400TOTAL NO. OF MANHOLES 30 NOS.AS PER DRG. NO. 161801 REV 1ITEM NO 1 TO 22 AND TABLE FOR RECESS MANHOLES

500 Material Number:- 150000000000013647MANHOLES(PAD) SIZE 'PA'

20 Number 30.04.2012

Material Description :MANHOLES(PAD) SIZE 'PA'MANHOLE PAD TYPE SIZE ePAf WITH CLEAR OPENING 600x400TOTAL NO. OF MANHOLES 20 NOS.LIST OF MATERIAL PAD TYPE AND TABLE FOR PAD MANHOLES

AS PER DRG. NO. 161801 REV 1

600 Material Number:- 150000000000013648MANHOLES(PAD) SIZE 'PB'

10 Number 30.04.2012

Material Description :MANHOLES(PAD) SIZE 'PB'MANHOLE PAD TYPE SIZE ePBf WITH CLEAR OPENING 450x400TOTAL NO. OF MANHOLES 10 NOS.LIST OF MATERIAL PAD TYPE AND TABLE FOR PAD MANHOLESAS PER DRG. NO. 161801 REV 1

700 Material Number:- 150000000000013649WATER TIGHT SCUTTLE WS-1-530 DIA

2 Number 15.12.2012

Material Description :WATER TIGHT SCUTTLE ASSEMBLY WS-1-530 DIAITEM REQD 2 NOS.INCLUSIVE OF TABLE NO.1,2,3 & 4REFER DRG. 1615-02 REV0

800 Material Number:- 150000000000013650EMERGENCY ESCAPE SCUTTLE TYPE ES1(230D)

1 Number 15.12.2012

Material Description :EMERGENCY ESCAPE SCUTTLE TYPE ES1 (230DIA)REQD. 1 NOS.INCLUSIVE OF PART LISTREF. DRG NO.1615-01 REV 0

900 Material Number:- 150000000000013651EMERGENCY ESCAPE SCUTTLE TYPEES2(530D)

18 Number 15.12.2012

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nder Number:- 1600000012 Tender Date:- 27.09.2011 RFQ Number:- 2170000009

Sl. No. Material/Service Details Quantity/Unit Delivery Date

Material Description :WATER TIGHT SCUTTLE ASSEMBLY WS-1-530 DIAITEM REQD 2 NOS.INCLUSIVE OF TABLE NO.1,2,3 & 4REFER DRG. 1615-02 REV0

600 Material Number:- 150000000000013650EMERGENCY ESCAPE SCUTTLE TYPE ES1(230D)

1 Number 15.12.2013

Material Description :EMERGENCY ESCAPE SCUTTLE TYPE ES1 (230DIA)ITEM REQD 1 NOINCLUSIVE PART LIST REFER DRG 1615-01 REV 0

700 Material Number:- 150000000000013651EMERGENCY ESCAPE SCUTTLE TYPEES2(530D)

18 Number 15.12.2013

Material Description :EMERGENCY ESCAPE SCUTTLE TYPE ES2 (530 DIA)ITEM REQD 17 NOS.INCLUSIVE PART LIST REFER DRG 1615-01 REV 0

rms & Conditions as indicated in Part A of this tender and other enclosures / annexures form an integral part of thisder document. We look forward to receive your most competitive and reasonable offer against this Tender.

r Mazagon Dock Ltd

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PE(C-P15B)/SDP/1600000012 Commercial(C-P15B)

Part A Tenders Terms and conditions

Introduction: Mazagon Dock Limitedis the Indias premier shipyard constructing warships aswell as offshore Platforms. Main activities are ship building, ship repair and fabrication ofoffshore structure with facilities at Mumbai and Nhava. We have capacity to build War ships,Submarines and Merchant Ships up to 30,000 DWT and fabrication of well head platforms,process and production of platforms and jack up rigs. For out fitting work the company has alarge nos. of workshops and sophisticated Equipment and machines specific to hullfabrication and construction work. Repair work is also undertaken using the availablefacilities.The company has a qualified manpower to implement CAD/CAM/CIM using the latestsoftware operating from a number of work stations having latest computer hardware toprovide up to date design and production support commensurate with for the yards

capabilities.The workforce is well trained in various disciplines. Regular training program keep the mentechnologically breast of the latest technology of their profession.Issue of Tender Enquiry Document: The Tender Enquiry can be downloaded from ourwebsite www.mdlindia.com / www.mazagondock.gov.in. However, interested bidders mayalso collect the tender from S.D. Patil, C.M./ P.O.(C-P15B) by written application and onpayment of non-refundable amount of Tender fee in person indicated above on all workingdays (Monday to Friday between 10.00 a,m. to 4.00 p.m.). Alternatively, bidders desirous ofobtaining the tender by post at bidders risk shall send a request letter in advance to reach theundersigned latest by * (date of 10 days before closing date) along with the prescribedamount of tender fee + Rs 100 towards postage etc by crossed DD / Pay order in favour ofMazagon Dock Limited, payable at Mumbai.MAZAGON DOCK LIMITED invites competitive bids in triplicate from reputed bidders /suppliers in two bid system (Part-I Techno Commercial Bid and Part-II Price Bid) for thefollowing Work / Supplies.01. Description of Work: Manufacture and supply of Manholes & Water Tight Scuttles

along with Documentation.02. The detailed scope is as per attached Drawing No. 1618-01R1, 1615-01R1 & 1615-

01R1 as Enclosure -1.Instructions to the Bidders:Bidders should submit the following documents along with their offer:i) Bidders Company Profile and valid Shop & Establishment registration certificate.ii) List of Equipments held by them with model / year / working status along with detailsof their manufacturing facilities and personnel with designation, qualification andexperience to determine their capabilities.iii) Audited / Certified Balance sheet, Profit / Loss account for past 3 years and validsolvency certificate / Bankers opinion issued by Nationalized / Reputed international /scheduled bank.

03.

iv) The bidders experience and past performance on similar supplies for last 2 years(Order copies & work completion certificates to be appended).

04. Bidders registered with Mazagon Dock Limited should furnish copy of validregistration certificate in part - I Techno Commercial bid.

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05. Earnest Money Deposit (EMD) / Bid Bond:5.1 Indigenous bidders shall furnish EMD Rs.1,50,000/- (Rupees One Lakh FiftyThousand only) in the form of crossed DD / Pay Order / Bank Guarantee drawn in

favour of Mazagon Dock Limited or bid bond of equivalent foreign currency for foreignbidders. The bid bond / Bank Guarantee should be valid for 4 more weeks beyond theoffer validity period indicated in the tender. Either of these instruments should be drawnon reputed International / Nationalised / Scheduled Banks excluding co-operativebanks, payable at Mumbai and should essentially be enclosed in the in the Part-I viz.Techno Commercial Bid. Crossed DD / Pay Order issued by Co-operative bankshowever may be accepted subject to its realization. Bids / Offers without EMD/BidBond along with Part-I bid will not be considered. EMD of unsuccessful bidders willbe returned after finalisation of the tender and shall be interest free.Exemption from Submission Of EMD/Bid Bond:5.2 Following bidders shall be exempt from submission of EMD/Bid Bond

a) State & Central Government of India departments, Public Sector Undertakings.b) Firms registered with Mazagon Dock Limited (MDL). (Exemption will apply only toitems / services which are similar to the supply / service indicated under description ofwork / supplies / services above. To qualify for EMD exemption, firms shouldnecessarily submit VALID copy of the registration certificate issued by MDL in Part-Ioffer/bid. Firms in the process of obtaining MDL registration will not be considered forEMD exemption.c) Firms registered with NSIC under its Single Point Registration Scheme. (Exemptionwill apply only to items / service indicated under description of work / supplies / services& value up to which bidders are registered with NSIC). To qualify for EMD exemption,firms should necessarily submit VALID copy of the registration certificate issued byNSIC in Part-I offer / bid. Firms in the process of obtaining NSIC registration will not beconsidered for EMD exemption.

06. Validity Period:Bids / Offers Shall have the validity period of 120 days from the tender closing datewhereas the prices quoted for Base & Deopt Spares wherever applicable should bevalid for a period of 180 days from the tender closing date.A bid valid for a shorter period will be rejected by MDL as non-responsive. 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:Part - I, Techno Commercial Bid:This Envelope superscribing the Tender No, Due date & Time should contain thefollowing:i) Technical Bid in Original + Two copies.ii) Acceptance on clauses of Tender Enquiry, GT&C in the Prescribed Formats dulystamped, signed & filled Accepted OR Not Accepted as applicable for each of theclause.iii) STACS Acceptance in the Prescribed Format duly stamped, signed & filledAccepted OR Not Accepted as applicable for each of the clause.iv) Price Bid blanking the prices but clearly indicating quoted / unquoted as applicableagainst each of the listed item in the prescribed format duly Stamped & Signed.v) Deviation Sheet in the prescribed format in case of any deviations from Terms,Conditions & Technical requirements specified in the STACS, Tender Enquiry & GT&C.

07.

vi) List of Spares wherever required.vii) Bidders / Suppliers should submit the additional documents as applicable anddescribed at para 3 above.

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viii) Copies of valid Registration or Approval certificates in case of Bidders firmsregistered with MDL/ NSIC.ix) Bank details for payment by RTGS/NEFT/ECS in the format enclosed.

x) Proof of payment of Tender Fee for press tenders only.Part-II, Price Bid :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 theprescribed 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 Thirdbigger envelope securely closed (Sealed), superscribed with Tender No., Due date,time, and addressed to, PE(C-P15B), 5th Floor, New Service Block, North Yard,Mazagon Dock Limited, Dockyard Road, Mumbai, 400010, India, and should bedepositedin the Tender Boxmarked for P-17 & P-15A Shipssituated in receptionat

Main MDL Gate.In case of bulky documents which cannot be accommodated in the tender box, thebidder can contact Mr. K Venugopal, PE(C-P15B) or Mr. S.D.Patil, C.M.(C-P15B) ofCommercial (P-15B),5th Floor, New Service Block, North Yard,Mazagon Dock Limited,Dock Yard Road, Mumbai, 400010, on Tel Nos. 23763341 & 23763342 respectively.The bids may also be sent by Speed Post / Courier Service well in advance so asshould reach the undersigned well before the due date and time. Timely submission ofthe Bids is responsibility of the bidders and no reasons / excuses in this regard will beentertained by MDL.Bid Rejection Criteria:(a) Following bids shall be categorically rejected:i) The Bids received after tender closing date and time.ii) Validity period indicated by bidders is shorter than that specified in the tenderenquiry. Items for which prices are administered by the Government, items for whichlonger validity period cannot be given by the Suppliers due to price fluctuation in themarket are however exempted.iii) Bidders not agreeing to furnish required Security Deposit / Required ContractPerformance Guarantee till completion of the supplies / services as per contract.iv) Bidders not agreeing to furnish Performance Bank Guarantee for Manholes & WaterTight Scuttles supplied / services rendered or not agreeing for retention of equivalentamount by MDL up to the period till completion of contractual and guarantee / warrantyobligations.

08.

v) Bids received without EMD (other than those who are exempt from payment ofEMD), as specified in the tender.(b) Following bid rejection criteria may render the bids liable for Rejection:

i) Bidders failure to submit sufficient or complete details for evaluation of the bids withinthe given period which may range in between two to three weeks depending on thedeficiencies noticed in the drawings / technical data which shall not however conflictwith validity period.ii) Incomplete / misleading / ambiguous bids in the considered opinion of TNC.iii) Bids with technical requirements and or terms not acceptable to MDL / Customers /External agency nominated as applicable.iv) Bids received without pre-qualification documents where required as per the tender.

v) Bids not meeting the pre-qualification parameters stipulated in the tender enquiry.vi) Bidders not agreeing to supply spares (onboard spares, B & D spares) / post saleproduct support / post work completion support.

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vii) Wherever PVC is allowed as per Tender but the bidder(s) quoted fixed price orvise-versa.

09. Pre-Bid Conference: Not Applicable to this tender.

10. Delivery Period / Completion Schedule: Precise delivery period will be as indicatedin Tender Enquiry.Pricing:(a) For Indigenous Bidders:Indigenous Bidder shall quote the prices of all items / services listed in the price sheetformat of the tender enquiry for delivery of the items in MDL store / completion of thework at MDL site. The prices quoted shall remain firm and fixed during the currency ofthe order / contract unless agreed otherwise by MDL.

F.E. Elements: If the quoted prices include F.E. Elements the same shall be clearlyindicated separately for Main Equipment, On Board Spares and B & D Spares with their

base rates in the Price Bid. Please note that no upward revision in F.E. content, oncespecified in the order based on your quote will be entertained.

F.E. Variation: F.E. Variation (i.e. upward & downward) at the time of actual importshall be reimbursed / recovered by MDL only against documentary proof. The followingdocuments will be required for F.E. variation claims:(i) Copy of Bank debit advise(ii) Copy of order placed by the vendor on the foreign firm(iii) Copy of Bill of Lading/Air Way Bill and Import invoice copy.(iv) F.E. selling rate declared by S.B.I. will be basis for reimbursement.

Cut of date: The cutoff date for F.E. Variation shall be 3 months prior to contractualdelivery date

11.

(B) For Foreign Bidders:Overseas Bidder shall quote the prices on the FOB Port of despatch basis only. Priceson the basis of FOB factory or ex-works and CIF basis are not acceptable. Howeverprices on CIF basis must be obtained to ascertain the cost of transportation for rankingof the bids. The prices quoted shall remain firm and fixed during the currency of theorder / contract unless agreed otherwise by MDL. Needless to state that the deliveryterms by way of high sea sales / sale in transit are not acceptable.

12. For deliverable: 90% Payment for the value of supplies , as reduced by anydeductibles and/or the amount leviable towards liquidated damages, if any and afterincluding taxes, duties, octroi, service tax etc. as may be payable through RTGS

/NEFT/ECS between 25 to 30 days after receipt & acceptance of complete Manholes &Water Tight Scuttles along with documentation as per the ordered terms and againstsubmission of Invoice in Triplicate, Delivery challan, Release note from the nominatedInspection Agency, Packing Lists, Storage / Preservation Procedures if any.Bidders shall furnish all the necessary details like name of the bank / branch, branchcode No, bank account no in their technical bid as per the RTGS/NEFT/ECS formathosted on MDL website.Balance 10% payment shall be made against submission of performance bankguarantee from Nationalized bank for 10% of the total order value valid till guaranteeperiod.Part supply is acceptable and part payment for part supply will be made.

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All payments asked by the vendors before delivery of the Manholes & Water TightScuttles will be termed as advance payment. MDL does not give any advance payment,if insisted upon such advance will be interest bearing at the PLR of SBI plus 2% per

annum from the date of disbursement of advance till the receipt of Manholes & WaterTight Scuttles in MDL. Please note that this clause is not negotiable. For suchadvances Bank Guarantee for an equivalent amount is to be submitted from a first classBank of international / national repute, valid up the contractual delivery date. Variationin payment terms, if any, among bids received shall be normalized/ loaded byadopting the aforesaid interest rate.Foreign Bidders:For Payment through L/C:-Payment will be made against irrevocable letter of credit(L/C) established through our bankers. A sample format of the same is enclosed. Foropening L/C, Suppliers should essentially furnish their clear & timely acceptance of theorder. For opening L/C, all charges outside India shall be borne by the Beneficiary

(supplier). In case supplier seeks L/C amendment for no fault of MDL or requiresconfirmation of L/C then all charges towards L/C amendment or confirmation of L/Crespectively shall be borne by the supplier. L/C will allow payment on timelypresentation of following documents through bank:For Items:i) Set of Original + 2 Copies of signed Invoice showing item wise prices as per theorder.ii) Set of Original + 2 Copies Clean on Board Bill of Lading OR Air Way Bill made in thename of MDLs Bank and Marked as freight to pay.iii) Set of Original + 2 Copies of Certificate of approval OR Release Note from MDLnominated Inspection agency.iv) Certificate of country of origin in Original + 2 Copies.

v) Original + 2 Copies of Warranty Certificate in prescribed format.vi) Performance Bank Guarantee in Original + 2 copies.vii) Original + 2 Copies of all Manufacturers Test Certificates (MTCs) / Reports,Drawings, Manuals, Procedures etc as relevant to the ordered item.viii) Certificate Confirming that supplier has couriered / dispatched _______ sets of NonNegotiable Documents comprising of all Test reports / MTCs, Technical Documents,Drawings, Manuals, Procedures etc and of Signed Invoices, Packing Lists, Bill ofLading/AWB, MDL nominated Inspection Agencys Certificate of approval, Country ofOrigin Certificate, Warranty Certificate, Performance Bank Guarantee, directly to MDL.ix) Original + 2 Copies of the Certificate issued by the Classification Society confirmingseaworthiness of the vessel and that the shipment is made on vessels of not more than15 years vintage. (Applicable in case of CIF contracts /orders agreed by MDL). This isessential whenever MDL is insuring material/shipment.x) Certificate issued by MDL confirming that the delivery is made in time and no penaltyis applicable OR incase of delays, admissible amount of penalty will be specified byMDL in this certificate for reduction of equal amount from suppliers invoice. (MDL willissue this certificate generally by FAX immediately on receipt of signed copy of invoice,packing list, approval certificate of the nominated inspection agency, date of theproposed shipment, & copies of B/L or AWB or any other acceptable documentsconfirming suppliers readiness dispatch).xi) Certificate confirming that the shipping instructions (inclusive of packing) havebeen followed while packing / shipment and forwarding of details for insurance toMDL.xii) In case of supply of Pipes, Tubulars, Plates, or any other steel materials ontheoretical weight (Tonnage) basis, following documents should also be furnished:

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(a) Suppliers signed certificate stating that We hereby guarantee that the goodssupplied strictly conformed with description & all technical requirements referred inthe 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 Manufactures Material Test Certificates (MTCs) dulyendorsed by the Inspection Agency in co-relation with the non erasable markingsof Manufacturers name, heat numbers & Inspection agencys non-erasablestamp/seal on the material.c) Stowing/storage certificate from supplier in following format: We hereby certifythat the goods covered by Order No.---------------dt----------have beenstored/stacked/stowed at the manufacturing plant, loading ports, in transit and onvessels satisfactorily in accordance with the standard practice acceptedinternationally and also certify that the goods have not undergone any deformationand tolerances are still within the relevant specifications.

(d) Original + 2 copies of certificate confirming that Thinner plates (i.e. sheets) inthickness between 2 mm to 5 mm have been packed in bundles and strapped atintervals 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 weighmore than 2 tonnes.All the documents should clearly indicate the Purchaser's Order number, ImportLicense Number, Airway Bill / Bill of Lading Number.Guarantee / Warranty:The Manholes & Water Tight Scuttles supplied shall be guaranteed /Warranted forsatisfactory performance for the period of 12 months from the date of receipt ofManholes & Water Tight Scuttles in MDL or 12 months from the date of commissioningof the ship whichever is earlier.The Supplier cannot absolve their responsibility for warranty of material even though itis inspected by & approved by the inspection authorities.If the defects are not remedied within a reasonable/stipulated time, MDL MAY proceedto rectify the defects at the suppliers risk & cost, but without prejudice to MDLs rightsunder the contract.

13.

If MDL desires to extend the guarantee period after placement of order, the charges forguarantee period extension shall be quoted in terms of percentage per annum in thePart-II Price bid Offer.

14. Performance Guarantee:The successful bidder has to submit Equipment Performance Bank Guarantee from afirst class Bank of international / national repute, for 10% of total order value valid foradditional 4 weeks beyond expiry of Guarantee Period. In the event of defects due topoor workmanship leading to non performance of the Manholes & Water Tight Scuttlesand bidders failure to attend the defects within a reasonable period of time, the Bankguarantee will be enchased by MDL. MDLs decision in this regard shall be final andbinding on the bidder.

15. Bidder shall abide by all Standard Terms And Conditions of Supply (STACS), GT&Cand Acceptance formats as per Enclosures 3, 4 & 5 contained therein should beproperly filled, signed and returned by the bidder along with techno-commercial (Part-I)bid. The bidder shall also abide statutory requirements, Official Secret Act 1923 hostedon MDL Website.

16. Taxes & Duties:

a) VAT/CST:The prevailing rate of Value Added Tax (VAT) or CST is to be indicatedin your Price bid, Part-II offer. P-15B being a fixed price contract, full VAT will be paidfor the vendors within Maharashtra and concessional Sales tax form C will be issued

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to the vendors situated out of Maharashtra.b) Octroi Duty:The Octroi duty exemption certificate will be issued by MDL. Hence no Octroi Duty will

be applicable. However The prevailing rate of Octroi duty is to be indicated in your Pricebid, Part-II offer.c) Excise Duty:P-15B being a Naval Project, Excise Duty Exemption certificate duly signed by thecompetent Naval authority will be provided by MDL. Hence no Excise duty will beapplicable. However the prevailing rate of Excise duty is to be indicated in your Pricebid, Part-II offer.d) Custom Duty:Custom duty Exemption Certificate will be issued by MDL on request againstsubmission of details of items proposed to be imported along with individual prices.Note: Bidders to note that there are no provisions in the Notification issued by Ministry

of Finance for issuing the Custom Duty exemption Certificates & Excise DutyExemption Certificates in favour of sub-vendors / collaborators and for increase in thefigure of import content value specified in the purchase order.Criteria for normalizing the Price Bid for ranking:17.1 Loading Criteria:Deviations sought by the bidder in respect of Freight, Insurance, Payment terms shallbe loaded on the bidder/s quoted prices during price evaluation by MDL. An illustrationof the loading criteria that will be adopted is at Illustrative Appendix 8.5. Among theequal bids, bidders with ISO 9000 series accreditation over non-ISO bidders, firstlyManufacturers then their authorized dealers will be given preference.17.2 A) For Procurement for Defence Projects:In pursuance of MOD ID No. 3(1)/2002/D(SII) dated 4.10.2006 the evaluation of Bids todetermine L-1 Supplier shall be done as under:i) In case of Foreign Supplier, the total of basic cost (CIF) and customs clearance/ porthandling / transportation charges to the yard will be the basis for the purpose ofcomparison of various tenders. Taxes, duties and levies in India may be excluded forranking the tenders.ii) In case of indigenous suppliers, the total of basic cost and transportation charges toyard, if any, will be the basis for the purpose of comparison of various tenders. Taxes,duties and levies may be excluded for ranking the tenders.

17.

iii) The method of excluding the taxes, duties and levies payable as at (i) & (ii) above isfor the purpose of ranking of price bids. As taxes, duties and levies are excluded for thepurpose of ranking of bids to determine L-1 bidder, in accordance with guidelinesissued by MOD, 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 anyother bid(s) depending on the tax structure. Therefore, it would be required that theadjudged L1 bidder has to reduce the price to make it competitive both before includingtaxes, duties & levies and after including taxes, duties & levies. If the adjudged L1bidder does not agree to reduce the price to make it competitive after including thetaxes, duties & levies, then the next ranked bidder(s) will be afforded the opportunity sothat the procurement is competitive.

18. Assistance for Installation, Testing, Commissioning & other such Technicalactivities: Not applicable to this tender.

19. Spares/Post Sale Product Support: Not applicable to this tender.

20. Free issue Material: Not applicable for this tender.21. Consignee:

The Supplier shall arrange dispatch of goods by appropriate Rail / Road / Sea / Air

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transport mode as per the order and consign the same to:M/s. Mazagon dock Ltd.,Bond Store, South Yard,

Dockyard Road,Mumbai -400 010.An advance copy of invoices along with other relevant documents shall be forwarded tothe PE(C-P15B) sufficiently in advance to enable clearance of cargo within alloweddemurrage free days to avoid demurrage. In case of door delivery orders, the suppliershall categorically direct the transporter to deliver the ordered items without insisting forconsignee copy of the Lorry Receipt.

22. Purchase Preference:No price preference shall be given to any bidder irrespective of their status.

23. Price Preference:No price preference shall be given to any bidder irrespective of their status.

24. Mode of Despach:24.1 For Indigenous bidders: Road / Rail / Sea / Air.24.2 For Foreign bidders: Sea / Air.

25. Modifications to the Bids: Bidders desirous of submitting modified bids prior to theclosing date & time may do so by sending a modification notice by fax, e-mail etc butfollowed by a signed confirmation copy of their request so as to reach the undersignednot later than the deadline for submission of bids. However it shall be the responsibilityof 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 tenderclosing date & time.

26. Public Grievance Cell:A Public Grievance Cell headed by Shri. R.D. Sardare, G.M. (SB-Works) has been setup in the Company. Members of public having complaints or grievances are advised tocontact him on Wednesday between 10.00 hours and 12.30 hours in his office at 3 rdfloor FOB Building, North yard, Mazagon Dock Ltd. or send their complaints /grievances to him in writing for redressal. His Telephone No. is 23738155/ 23763007.

27. Working on MDL Holidays:Request for permission for working on Saturday / Sunday / holidays if required, shouldbe submitted 3 working days prior to the date of holiday, to Personnel department andSecurity through concerned Dept.Liquidated Damages:Time is an essence of the contract. Therefore the job, as ordered, should be completedon the dates mutually agreed upon in accordance with the delivery schedule.

28.

a) In cases of delay in delivery of all the deliverables including documentation, notattributable to Purchaser beyond the agreed schedule, L.D. @ 0.5% per week or partthereof, subject to maximum of 5% of the total Order value will be recovered.

29. Book Examination Clause: Not applicable to this tender.30. 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 ofhis presence at the time of tender opening.

31. Ranking of Bids: An illustration of the loading criteria as per enclosed Appendix 8.5will be adopted for ranking of the bids.

32. 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.33. Inspection:(a) The Manholes & Water Tight Scuttles will be inspected by any one of the followingThird Party inspection Agency:

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(i) M/s. Intertek India Pvt. Limited,406-410, B-Wing, Navkar Chembers,Andheri - kurla Road, Marol, Andheri (East)

Mumbai - 400 059.Tel. No. (022) 42333601/42333602Email:[email protected]

Contact Person: Mr. Amod Kahte, Asst. General Mgr.(ii) M/s. Velosi Certification Services (I) Pvt. Ltd.,

505, 5th floor,360 Degree Business Park,Next to R-Mall, Near Mulund Check Naka,LBS Marg, Mulund (West),Mumbai-400080.Tel No. (022) 21649720Fax.No.(022)21646392

Email : [email protected],[email protected] person: Mr. K.S. Rao, Sr. Manager - Commercial.(b)The decision of the Inspecting Authority or their representatives, as the case maybe, on any question of the intent, meaning and the scope of Specifications / Standardsshall be final, conclusive and binding on the Bidder/ Supplier / Contractor.(c) The Bidder / Supplier / Contractor shall accord all facilities to Purchaser'sInspectors / Nominated Agency to carry out Inspection / Testing during course ofmanufacture / final testing.

34. Security Deposit (SD):The successful bidder shall have to submit Security Deposit for an amount of 5% of theContract/Order excluding taxes, duties, freight etc. in the form of DD/ Pay Order / BankGuarantee from a reputed Nationalised / Scheduled Bank within 15 days from the dateof receipt of order, valid till the Contractual Delivery Date of the order.We look forward to receive your most competitive and reasonable offer against thistender

Yours faithfully,

ForMAZAGON DOCK LIMITED,

PO (C-15B)Enclosures to the Tender Enquiry:

Enclosure-1 Drawing No.1618-01R1,1615-01R1 & 1615-02 R1 indicating Scope of supply.

Enclosure-2 Part-II Price Bid Prescribed FormatEnclosure-3 Illustration for Loading Criteria.Enclosure-4 Standard Terms & Conditions (STACS) and its acceptance Format.Enclosure-5 General Terms & Conditions and its acceptance Format.

Note: The following formats are available on MDL website for easy reference & download.

1. Performance Bank Guarantee Format.2. Security Deposit Bank Guarantee Format.3. RTGS/NEFT/ECS Format.4. Format of Letter of credit.

5. Shipping Instructions for Sea & Air consignments.6. Statutory requirements, Official Secret Act 1923 & Safety clause.7. Bid Bond Format.

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TEF ACCEPTANCE FORMAT (APPENDIX-8.1.1)To,

PE(C-P15B),Commercial (P15B),Mazagon Dock Limited.

Tender Enquiry No. ______________________________________Date_____________

TEF ClauseNo.

BiddersRemark

TEF ClauseNo.

BiddersRemark s

TEF ClauseNo.

BiddersRemarks

ACC. / DEV. ACC. / DEV ACC. / DEV

Companys Name & Address Signature:_______________________ Date:_______________________ Name:_______________________ Designation:

_______________________ Bidders 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) along with

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 theseclauses. For example Clause no. 3 means Clause nos. 3, 3.1, 3.2 a), b), I), ii) & iii).

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ItemNo.

Material No. Description Material Qty. Unit DeliveryDate

YardNo.

Unit Rate Total Value

100 150000000000013644 MANHOLES(COAMING)

SIZE 'A'

26 Nos. 30.04.2012 704


SIZE 'B'

32 Nos. 30.04.2012 704


SIZE 'RB'

30 Nos. 30.04.2012 704

500 150000000000013647 MANHOLES(PAD) SIZE

'PA'

20 Nos. 30.04.2012 704


'PB'

10 Nos. 30.04.2012 704

700 150000000000013649 WATER TIGHT

SCUTTLE WS-1-530 DIA

2 Nos. 15.12.2012 704

800 150000000000013650 EMERGENCY ESCAPESCUTTLE TYPE ES1

(230DIA)

1 Nos. 15.12.2012 704

900 150000000000013651 EMERGENCY ESCAPE

SCUTTLE TYPE ES2

(530 DIA)

18 Nos. 15.12.2012 704


SIZE 'A'

26 Nos. 30.04.2013 705


SIZE 'B'

32 Nos. 30.04.2013 705


SIZE 'RB'

30 Nos. 30.04.2013 705


'PA'

20 Nos. 30.04.2013 705

1400 150000000000013648 MANHOLES(PAD) SIZE'PB'

10 Nos. 30.04.2013 705

1500 150000000000013649 WATER TIGHT

SCUTTLE WS-1-530 DIA

2 Nos. 15.12.2013 705


SCUTTLE TYPE ES1

(230DIA)

1 Nos. 15.12.2013 705


SCUTTLE TYPE ES2

(530 DIA)

18 Nos. 15.12.2013 705

Tender No. 1600000012 dtd. 23/09/2011 due on 24/10/2011 at 1400 Hrs. Enclosure 2

PRICE BID (PART-II) OFFER

Signature, Satmp of authorised Signataory on each sheet is mandatory

Prevailing rate of Custom duty applicable to be indicated However, Custom duty

exemption certificate will be issued by MDL

Total F.E. Content to be quoted in terms of the actual values. i.e. not in terms of

the percentage.

Total Value for Yard 12704 in Rupees

Total Value for Yard 12705 in Rupees

Total Value for 2 Ship Sets in Rupees

Prevailing rate of Taxes (VAT, CST, Service Tax, Works Contract Tax etc.)

applicable to be indicated.

Prevailing rate of Excise duty applicable is to be indicated.However, Excise duty

exemption certificate will be issued by MDL.

Prevailing rate of Octroi duty applicable to be indicated.However, Octroi duty

exemption certificate will be issued by MDL.

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Companys Seal: Authorised Signatory:

Date: Name and Designation:

F.E. Currencies with their prevailing Base rates to be indicated.

Guarantee Period extension Charges to be quoted in terms of percentage per

annum for extension of guarantee if requested by MDL beyond the agreed

guarantee period.Delivery postponement Charges to be quoted in terms of percentage per month

for extension of delivery period, if requested by MDL beyond the contractual

delivery date.

Note: Indigenous Bidders to quote the total Price in Indian Rupees for delivery at MDL stores, Mumbai (i.e.

Quoted price shouldbe inclusive of Freight & insurance charges). The Foreign Bidders to quote Total Price in their

respective currency on FOB basis.

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Enclosure 3

LOADING FACTORS FOR RANKING OF BIDS (APPENDIX-8.5)

A. Loading due to freight / Inland Road / Insurance/Customs Clearance / Port Handling

/ Transportation to Yard

Sr.No.

Description ForeignSupplier 100%importcontent

IndigenousSupplier withpart importcontent

Indigenous Supplierwithout importcontent

1 Basic price Quoted a) FOB b) CIFa) Ex Worksb) Deliveredto MDL stores

a) Ex Works b)Delivered to MDLStores

2Add: insurance charges In case of 1(a) In case of 1(a) In case of 1(a)

3 Add Sea/Air Freightcharges / Inland RoadTransport In case of 1(a) In case of 1(a) In case of 1(a

4 Customs Clearance /Port Handling /Transportation to Yard

In either casei.e. FOB or CIFPrice

NIL NIL

5 Cost (ex-MDL)excluding taxes & dutieswithout loading towards

any deviations

Sr. Nos.(1+2+3+4) ifFOB price

quoted OR CIFprice + Sr.No.4

Sr. Nos.(1+2+3)

Sr. Nos. (1+2+3)

B. Loading due to variations in Financial Term.

6

Variation in paymentTerms

7 Income Tax & Service Taxon Technical Services /

Service engineers liabilityto MDL.8 Production Norms such as

Scrap %, output-input ratio

9 Base date for pricevariation clause

10 Cost (ex-MDL) excludingtaxes & duties afterloading for variations infinancial term.

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

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

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11 Security Deposit/ContractPerformance Guarantee.

12 Equipment Performance

guarantee13 Additional delivery period

sought over stipulatedperiod as per

14 Additional time sought forsupplying binding data.

15 Liquidated damages perweek rate / maximumceiling

16 Warranty / Guarantee

17 Cost (ex-MDL) excludingtaxes & duties afterloading for variations onaccount of financial andcommercial terms.

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

D. Landed Cost:

18 Taxes & Duties19 Landed Cost Sr. Nos. 17 + 18

Note :

a) Evaluated Bid Value for the purpose of ranking and determination of L-1 Bid shall be thevalue arrived at Sr.No.17 of the table above for procurement for Defence Projects and Sr.No. 19 of the above table for cases viz. civil works, procurements relating to projects otherthan Defence Projects.

b) While the statutory levies are excluded while carrying out evaluation of Bids to determineL1 Supplier pursuance of MOD ID No. 3(1)/2002/D(S II) dated 4.10.2006, it is clarified thatthe taxes & duties as applicable and not covered by exemption certificates, notificationsfrom the Govt. of India are payable. The dealing Purchase Officer/PNC shall, however,

endeavour that the price negotiated with the L1 bidder is competitive on landed cost basisalso i.e. 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 oftaxes & 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 duringthe 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.

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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 variationsin 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 Draftsare excluded while carrying out evaluation of Bids to determine L1 Supplier.

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PE(C-P15B)/SDP/1600000012 Commercial (P-15B)

Enclosure - 4

STANDARD TERMS AND CONDITIONS (STACS)

102. The word 'Bidder/Supplier/Contractor'means the person / firm / Company whoundertakes to manufacture and/or supply and/or undertake work of any nature assignedby the Purchaser from time to time and includes its successors or assignees.

103. The word 'Owner' means the person or authority with whom Mazagon DockLimited (Purchaser) has contracted to carry out work in relation to which orders areplaced by the Purchaser on the Bidder/Supplier/Contractor under this contract forsupply or manufacture of certain items and would include Department of DefenceProduction, Ministry of Defence, Government of India, the Indian Navy, the Coast Guardand any other specified authority.

120. GENERAL:121. Unless otherwise indicated specifically by the bidder / contractor in his bid, it shallbe 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 theBidder/Supplier/Contractor at the last known address mentioned in the offer / order shallbe deemed to be valid communication for the purpose of the order/contract. Unlessstated otherwise by the purchaser, Language for communication & all documentationshall be same, which the Purchaser has used, in the tender enquiry.

210. PURCHASERS PROPERTY:211. All property (such as materials, drawings, documents etc) issued by the Purchaseror any other individual or firm on behalf of the Purchaser in connection with the contractshall remain confidential, being the property of the Purchaser and theBidder/Supplier/Contractor shall undertake to return all such property so issued and willbe responsible for any or all loss thereof and damage thereto resulting from whatevercauses and shall reimburse the Purchaser the full amount of loss and damage.

212. On completion of work in any compartment / location of the purchasers premises,the Bidder/Supplier/Contractor must ensure that the place is left in a reasonably cleanstate 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 ofordered supply / awarded contract without written consent by Purchaser or not meetingthe required quality standards the Purchaser shall be at liberty, without prejudice to theright of the Purchaser to recover Liquidated Damages / penalty as provided for in theseconditions or to any other remedy for breach of contract, to terminate the contract eitherwholly or to the extent of such default. Amounts advanced or part thereof correspondingto the undelivered supply shall be recoverable from the Contractor / Bidder at theprevailing bank rate of interest

222. The Purchaser shall also be at liberty to purchase, manufacture or supply fromstock as it deems fit, other articles of the same or similar description to make good such

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default and/or in the event of the contract being terminated, the balance of the articles ofthe remaining to be delivered there under. Any excess over the purchase price, cost ofmanufacture or value of any articles supplied from the stock, as the case may be, over

the contract price shall be recoverable from the Bidder / Supplier / Contractor

230. RECOVERY-ADJUSTMENT PROVISIONS:231. Payment made under one order shall not be assigned or adjusted to any otherorder except to the extent agreed upon in writing by the Purchaser. During the currencyof the contract, if any sum of money is payable by the Bidder / Supplier / Contractor thesame shall be deducted from any sum then due or thereafter may become due to theBidder / Supplier / Contractor under the contract or any other contract with thePurchaser.

240. Blank

250. INDEMNIFICATION:251. The Bidder / Supplier / Contractor, his employees, licencees, agents or Sub-Supplier / 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 theperson of the Purchaser or that of Purchaser's employees, agents, Sub-Contractors /Suppliers occurring and to the extent caused by the negligence of the Bidder / Supplier /Contractor, his employees, licencees, agents or Sub-contractor by making good suchdamages to the property, or compensating personal injury and the total liability for suchdamages or injury shall be as mutually discussed and agreed to

260. TRANSFER OF SUPPLIERS / CONTRACTORS RIGHTS:261. The Bidder / Supplier / Contractor shall not either wholly or partly sell, transfer,assign or otherwise dispose of the rights, liabilities and obligations under the contractbetween him and the Purchaser without prior consent of the Purchaser in writing.

270. SUBCONTRACT & RIGHT OF PURCHASER:271. The Bidder / Supplier / Contractor under no circumstances undertake orsubcontract any work / contract from or to any other Sub-contractor without prior writtenapproval of the Competent Authority of Purchaser. In the event it is found that suchpractice has been indulged in, the contract is liable to be terminated without notice andthe Bidder / Supplier / Contractor is debarred all from future tender enquiries / work

orders. However in no circumstances a contractor is permitted to subcontract any partof the contract to the bidders who had quoted for the concerned tender.

280. PATENT RIGHTS:281. The Bidder / Supplier / Contractor shall hold harmless and keep the Purchaserindemnified against all claims arising as a result of infringement of any patent / copyrights on account of manufacture, sale or use of articles covered by the order.

290. AGENTS / AGENCY COMMISSION:291. The Bidder / Supplier / Contractor confirms and declare to the Purchaser his statusas 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 engagedany individual or firm, whether Indian or foreign whatsoever, to intercede, facilitate or in

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any way to recommend to the Purchaser or any of its functionaries, whether officially orunofficially, to the award of the contract to the Contractor / Supplier nor has any amountbeen paid, promised or intended to be paid to any such individual or firm in respect of

any such intercession, facilitation or recommendation. The Bidder / Supplier / Contractorshall agree that if it is established at any time to the satisfaction of the Purchaser thatthe present declaration is in any way incorrect or if at a later stage it is discovered bythe Purchaser that the Bidder / Supplier / Contractor has engaged any such individual /firm, and paid or intended to pay any amount, gift, reward, fees, commission orconsideration to such person, party, firm or institution, whether before or after thesigning of this contract, the Contractor / Supplier shall be liable to refund that amount tothe Purchaser. The Bidder / Supplier / Contractor will also be debarred from enteringinto any supply contract with the Purchaser for a minimum period of five years. ThePurchaser will also have a right to consider cancellation of the contract either wholly orin part, without any entitlement or compensation to the Bidder / Supplier / Contractor

who shall in such event be liable to refund all payments made by the Purchaser, alongwith interest at the rate of 2% per annum above the LIBOR (London Inter Bank OfferRate) or PLR (Prime Lending Rate) of SBI plus 2%. The Purchaser will also have theright to recover any such amount from any contracts concluded earlier with thePurchaser

300. USE OF UNDUE INFLUENCE / CORRUPT PRACTICES:301.The Bidder / Supplier / Contractor undertakes that he has not given, offered orpromised to give, directly or indirectly any gift, consideration, reward, commission, fees,brokerage or inducement to any person in service of the Purchaser or otherwise inprocuring the contract or forbearing to do or for having done or forborne to do any act inrelation to the obtaining or execution of the Contract with the Purchaser for showing orforbearing to show favour or disfavour to any person in relation to the Contract or anyother Contract with the Purchaser. Any breach of the aforesaid undertaking by theBidder / Supplier / Contractor or any one employed by him or acting on his behalf(whether with or without the knowledge of the Bidder / Supplier / Contractor) or thecommission of any offence by the Bidder / Supplier / Contractor or any one employed byhim or acting on his behalf, as defined in Chapter IX of the Indian Penal Code, 1980 orthe Prevention of Corruption Act, 1947 or any other Act enacted for the prevention ofcorruption shall entitle the Purchaser to cancel the contract and all or any othercontracts with the Bidder / Contractor / Supplier and recover from the Bidder / Supplier /Contractor the amount of any loss arising from such cancellation. Decision of thePurchaser or his nominee to the effect that a breach of the undertaking has beencommitted shall be final and binding on the Bidder / Supplier / Contractor.

302. The Bidder / Supplier / Contractor shall not offer or agree to give any person in theemployment of Purchaser any gift or consideration of any kind as "Inducement" or"reward" for doing or forbearing to do or for having done or foreborne to do any act inrelation to the obtaining or execution of the contract/s. Any breach of the aforesaidcondition by the Bidder / Supplier / Contractor or any one employed by them or actingon their behalf (whether with or without the knowledge of the Bidder / Supplier /Contractor) or the commission of any offence by the Bidder / Supplier / Contractor or byany one employed by them or acting on their behalf which shall be punishable under theIndian Penal Code 1980 and/or the Prevention of Corruption by Public Servants, shallentitle Purchaser to cancel the contract/s and all or any other contracts and then torecover from the Bidder / Supplier / Contractor the amounts of any loss arising from

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such contracts cancellation, including but not limited to imposition of penal damages,forfeiture of Security Deposit, encashment of the Bank Guarantee and refund of theamounts paid by the Purchaser.

303. In case, it is found to the satisfaction of the Purchaser that the Bidder / Supplier /Contractor has engaged an Agent or paid commission or influenced any person toobtain the contract as described in clauses relating to Agents / Agency Commission anduse of undue Influence, the Bidder / Supplier / Contractor, on a specific request of thePurchaser shall provide necessary information / inspection of the relevant financialdocument / information.

310. IMMUNITY OF GOVERNMENT OF INDIA CLAUSE:311.It is expressly understood and agreed by and between M/s. (Bidder / Supplier /Contractor) and Mazagon Dock Limited, Dockyard Road, Mumbai -400 010 (MDL) is

entering into this Agreement solely on its own behalf and not on the behalf of anyperson or entity. In particular, it is expressly understood and agreed that theGovernment of India is not a party to this Agreement and has no liabilities, obligations orrights hereunder. It is expressly understood and agreed that MDL is an independentlegal entity with power and authority to enter into contracts solely in its own behalf underthe applicable of Laws of India and general principles of Contract Law. The (Bidder /Supplier / Contractor) expressly agrees, acknowledges and understands that MDL is notan agent, representative or delegate of the Government of India. It is further understoodand agreed that the Government of India is not and shall not be liable for any acts,omissions and commissions, breaches or other wrongs arising out of the contract.Accordingly, (Bidder / Supplier / Contractor) hereby expressly waives, releases andforegoes any and all actions or claims, including cross claims, impleader claims orcounter claims against the Government of India arising out of this contract andcovenants not to sue Government of India in any manner, claim, cause of action or thingwhatsoever arising of or under this Agreement

320.EXPORT LICENCE:321. The export licenses that may be required for delivery of the variousitems/equipment to MDL shall be arranged by the Bidder / Supplier / Contractor from theconcerned authorities in their country without any time & cost implications on thePurchaser.

330. BANNED OR DE-LISTED CONTRACTORS / SUPPLIERS:331. The Bidder / Supplier / Contractor declares that they being Proprietors / Directors /Partners have not been any time individually or collectively blacklisted or banned or de-listed by any Government or quasi Government agencies or PSUs. If a bidders entitiesas stated above have been blacklisted or banned or de-listed by any Government orquasi Government agencies or PSUs, this fact must be clearly stated and it may notnecessarily be a cause for disqualifying him.

340. DUTY OF PERSONNEL OF SUPPLIER/SUPPLIER:341.MDL being a Defence Public Sector Undertaking, Bidder / Supplier / Contractorundertakes that their personnel deployed in connection with the entrusted work will notindulge in any activities other than the duties assigned to them.

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350. ARBITRATION:351. Any dispute / differences between the parties arising out of and in connection withthe contract shall be settled amicably by mutual negotiations. Unresolved disputes/

differences, if any, shall be settled by Arbitration and the arbitration proceedings shallbe conducted at Mumbai (India) in English language, under the Indian Arbitration andConciliation Act, 1996.

352. In case of unresolved difference / dispute between Purchaser and Supplier,Purchaser being a Public Sector Enterprise, shall be referred by either party to theDepartment 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 claimsthereunder are payable in Mumbai City and it is the distinct condition of the order thatno suit or action for the purpose of enforcing any claim in respect of the order shall beinstituted in any Court other than that situated in Mumbai City, Maharashtra State, Indiai.e. courts in Mumbai shall alone have jurisdiction to decide upon any dispute arising outof or in respect of the contract

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STACS ACCEPTANCE FORMAT (APPENDIX 8.6.1 / 8.7.1 / 8.8.1)

To,

PE(C-P15B),Commercial (P-15B),Mazagon Dock Limited.

Tender Enquiry No ____________________________________ Date ___________

Companys Name & Address Signature:_______________________ Date:_______________________ Name:_______________________ Designation:_______________________ Bidders Company Seal:

NOTES:

1. Bidder(s) should carefully read the Standard Terms & Conditions (STACS) included inthe tender prior to filling up this acceptance format.

2. This format should be properly filled, signed and returned by the bidder(s) along withtheir technical offer for considering their Bid.

3. Bidder(s) should indicate ACC for Accepted, DEV for Deviation Taken for eachclause 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 anydeviations taken by them.

5. STACS clause numbers shown in the above format also includes the sub-clausesunder these clauses. For example 220 means clause nos. 220, 221, 222.

STACSClause No.

BiddersRemark

STACSClause No.

BiddersRemark

STACSClause No.

BiddersRemark

ACC./ DEV ACC./ DEV ACC./ DEV

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PE(C-P15B)/SDP/1600000012 Commercial-P15B

Enclosure - 5GENERAL TERMS & CONDITIONS (GT&C)

A10. ACCEPTANCE OF ORDER / CONTRACT :A11. With the acceptance of the successful bidders offer by the purchaser, which is asper the Terms & Conditions of the tender, by means of Order/Contract, the tender isconcluded. The Supplier / Sub-contractor / Supplier shall, on receipt of theOrder/Contract, communicate their unconditional acceptance to the purchaser in theprescribed format immediately within 10 days.

A12. If nothing to the contrary is heard by purchaser within 10 days from the date ofplacement of order, it will be understood that the order has been accepted by theBidder/Supplier/Contractor.

A13. Any delay in acknowledging the receipt & acceptance of the PurchaseOrder/Contract from the specified time limit or any qualification or modification of thepurchase order/Contract in its acknowledgement acceptance by the Supplier / Sub-contractor /Supplier shall be termed as breach and would be liable for forfeiture of EMD,Bid Bond, Security deposits etc.

A20. SECURITY DEPOSIT :A21. The successful bidder shall submit a Security Deposit @ 5%of the value of theOrder in the form of Demand Draft / Bank Guarantee in the prescribed format in favourof Purchaser within 15 days from date of Contract. The Security Deposit will be returned

only after the successful execution of the order / contract. Refund of Security Depositwhenever considered admissible by the Purchaser, shall be without interest only.

A30 FORFEITURE OF EMD / BID BOND:A31. In cases of withdrawal of bid during validity period or during any extension grantedthereof, non acceptance of agreed conditions of Technical and or Commercial and orPrice Negotiations, non-submission of the security deposit and / or non-acceptance ofthe order the EMD or bid security will be forfeited or encashed as the case may be.

A40. FORFEITURE OF SECURITY DEPOSIT:A41. Non-performance of agreed terms and or default/breach byBidder/Supplier/Contractor will result in forfeiture of security deposit with application ofrisk purchase provisions as felt appropriate by the Purchaser.

50. FORFEITURE OF PERFORMANCE GUARANTEE:A51. In the event of Bidder/Supplier/Contractor failure to attend the Guarantee defectswithin a reasonable period of time, the Performance Bank Guarantee will be encashedby the Purchaser. The Purchasers decision shall be final and binding onBidder/Supplier/Contractor in this regard.

A60. SUPPLIES:A61. The equipment / products / items / Services to be supplied shall be strictly inaccordance with the Drawings / Specifications / Requirements indicated in the TenderEnquiry / Order with deviations, if any, as mutually accepted.

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A70. PROGRESS REPORTING & MONITORING:

A71. Where so stipulated in the order, the Bidder / Supplier / Contractor shall rendersuch reports from time to time as regards the progress of the contract and in such aform as may be called for by the Purchaser.

A80. CANCELLATION OF ORDER:A81.The Purchaser reserves the right to cancel an order forthwith without any financialimplications on either side, if on completion of 50% of the scheduleddelivery/Completion period the progress of manufacture/Supply is not to the satisfactionof Purchaser and failure on the part of the Bidder/Supplier/Contractor to comply with thedelivery schedule is inevitable. In such an event the Bidder/Supplier/Contractor shallrepay 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 toPurchaser will be reverted to the Bidder/Supplier/Contractor at his cost.

A82. In case of breach / non-compliance of any of the agreed terms & conditions oforder / contract. MDL reserves the right to recover consequential damages from theSupplier / contractor on account of such premature termination of contract.

In case of delay beyond agreed period for liquidated damages or 10 weeks fromcontractual delivery period whichever is earlier, MDL reserves the right to cancel theorder and procure the order items / services from any available source at MDLs option& discretion and entirely at your risk and cost. Extra expenditure incurred by MDL in

doing will be recoverable from Bidder/Supplier/Contractor.

A90. PRESERVATION AND MAINTENANCE:A91.Should any material require any l preservation till its final installation/fitment, thedetailed procedure (Long term & short term) for the same as also the time of intervalafter which the state of preservation needs to be reviewed is to be stated by theBidder/Supplier/Contractor.

A92.Further the de-preservation prior to the material/equipment being commissionedand the maintenance procedure together with its periodicity is also to be indicated bythe Bidder / Supplier / Contractor.

A93.The Bidder / Supplier / Contractor in their offer must confirm that indigenous oil;lubricants and preservatives, etc. can be used in the equipment. The bidder must alsogive assurance that the equipment performance will not be downgraded by use ofindigenous equivalents.

A100. FREIGHT & INSURANCE:A101. For Indigenous Bidders. In cases where the offers are for 'Door Delivery toPurchaser, 'transit freight & Insurance charges shall be borne by the Bidder / Supplier /Contractor. In other agreed cases of Ex-works / Ex-Transporter's warehouse or Railwaygodown offers, the Bidder / Supplier / Contractor on dispatch, shall give details ofmaterials with despatch particulars and their value in time to Purchaser's InsuranceCompany on the contact details as provided in the order. In such agreed cases, thefreight & insurance charges will be paid by the purchaser directly to the partiesconcerned.

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A100. FREIGHT & INSURANCE:A101. For Indigenous Bidders. In cases where the offers are for 'Door Delivery toPurchaser, 'transit freight & Insurance charges shall be borne by the Bidder / Supplier /

Contractor. In other agreed cases of Ex-works / Ex-Transporter's warehouse or Railwaygodown offers, the Bidder / Supplier / Contractor on dispatch, shall give details ofmaterials with despatch particulars and their value in time to Purchaser's InsuranceCompany on the contact details as provided in the order. In such agreed cases, thefreight & insurance charges will be paid by the purchaser directly to the partiesconcerned.

A102. For Foreign Bidders:For overseas supplies on FOB port of dispatch basis, Transit Insurance shall bearranged by the Purchaser. The Bidder / Supplier / Contractor shall immediately ondespatch 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 intime directly to Purchaser's Insurance Company & Purchaser on the contact details asprovided in the order. In such agreed cases, the freight & insurance charges will be paidby the purchaser directly to the parties concerned.

A110. TAXES & DUTIES / STATUTORY LEVIES:A111. Taxes and duties applicable, if any, shall be regularized by MDL by issuingnecessary exemption certificates in respect of procurement for Defence Projects. Biddershall indicate separately the taxes and duties applicable in their offer. When the itemsqualify for exemption partly/fully but the supplier did not avail of the same, the amount oftaxes and duties on such supplies shall be to suppliers account. In cases where

exemption certificates are not issued for any reason, taxes shall be paid at actuals. Taxdeduction at source will be effected wherever applicable (e. g. Income tax, Service Tax,Works Contract Tax etc) from the bills of the Supplier as per statutes. Octroi dutyexemption certificate issued by Customers representative will be provided on Supplierswritten intimation with relevant details regarding readiness of items for dispatch. Wherepayment of octroi duty is agreed to and stipulated in the Purchase Order / Contract, thesame will be reimbursed by Purchaser at actuals after receipt of Suppliers billsalongwith Original Octroi paid money receipt and copy of Form B. Octroi receipts areto be drawn / issued in the name of Mazagon Dock Limited only. Similarly wherepayment 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 Suppliers bills

alongwith Custom Certified Duty Paid Challan-Money Receipt in original or carbon copyas relevant. These Challans / Receipts, Bill of Entry are to be drawn / issued in thename of Mazagon Dock Limited only. Where payment of VAT, Sales Tax, Excise Dutyis agreed to and stipulated in the Purchase Order / Contract, the same will bereimbursed by the Purchaser at actuals after receipt of Suppliers bills alongwith proof ordeclaration to the satisfaction of purchaser for payment of such taxes by the Supplier toappropriate Tax authorities.

120. DEMURRAGE:A121. Storage and Demurrage charges will be payable by the Bidder / Supplier /Contractor for all shipments that reach purchaser without proper despatch

documentations, Lorry Receipts not accompanied by packing lists, invoices etc. TheSupplier shall be responsible for fines due to errors or omissions in description, weightor measurements and for increased handling charges due to improper packing.

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A130. INSPECTION, TESTING:A131.The ordered items will be inspected either by Classification Society / NominatedAgency 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 thePurchase Order. A132. The decision of the Inspecting Authority or theirrepresentatives, as the case may be, on any question of the intent, meaning and thescope of Specifications / Standards shall be final, conclusive and binding on the Bidder/Supplier / Contractor. A133. The Bidder / Supplier / Contractor shall accord all facilitiesto Purchaser's Inspectors / Nominated Agency to carry out Inspection / Testing duringcourse of manufacture / final testing.

A140. RECEIPT INSPECTION BY MDL:A141. MDL shall carry out necessary inspection of the items on receipt, on the basis ofan appropriate quality assurance system and inspection system requirements along

with representative of the Owner. Any objection raised by MDL Quality Control Teamagainst quality of materials or workmanship shall be satisfactorily corrected by theContractor at his expense including replacement as may be required within shortestpossible time within 30 days. Items damaged during transit shall also be rectified

/replaced by the Contractor within shortest possible time, payment for which shall bemade at mutually agreed rates.

A150. REJECTION OF MATERIALS:A151. Should the articles, or any portion thereof of the equipment be found defective /rejected, the Bidder / Supplier / Contractor shall collect the same from the Purchaser'sStores, all incidental charges being borne by him (inclusive of Custom duty, if payable),

within 30 days from the date of intimation to the Bidder / Supplier / Contractor of suchrejection. The Purchaser reserves the right to dispose off the rejected items at the endof a total period of 90 days in any manner to the best advantage to the Purchaser andrecover storage charges and any consequential damages, from sale proceeds of suchdisposal.

A160. TECHNOLOGICAL DEVELOPMENTS / MODIFICATIONS:A161. The Bidder / Supplier / Contractor shall unconditionally and free of cost to thePurchaser transfer information on technological developments / innovations /modifications which the Bidder / Supplier / Contractor would evolve in future (within 3years) in relation to the supplied equipment. To enable this, the Purchaser's address

shall be added to the Bidder / Supplier / Contractor 'Purchaser's mailing list or databaseor any other document maintained for dissemination of product information and thePurchaser shall be informed of the action taken in this regard. If such improvements /modifications are brought in bythe Bidder / Supplier / Contractors Design Departmentin the course of manufacture of equipment ordered by the Purchaser, the Bidder /Supplier / Contractor shall incorporate such improved versions in the equipment withoutany extra cost to the Purchaser under Purchasers prior consent.

A162. If the Purchaser be desirous of getting incorporated all post supply modifications /improvements arising out of technological developments to the original equipmentsupplied by the Bidder / Supplier / Contractor, the Bidder / Supplier / Contractor, shall

quote for and carry out all such modifications to the equipment.

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A163. Where the whole or a portion of the equipment has been specifically developedby the Bidder / Supplier / Contractor for the Owner and the latter would through thePurchaser be bearing the entire or part of the development cost incurred by the Bidder /

Supplier / Contractor, the design rights for the whole or portion thereof, of the equipmentas 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 iseffected, the Bidder / Supplier / Contractor shall pay to the Owner royalty at the ratemutually agreed to.

A165. The Sub-contractor / Supplier / Supplier shall continue to support the equipmentfor a minimum period of 20 years from the date of supply by making available spareparts and assemblies of the equipment supplied. Should the Sub-contractor / Supplier /

Supplier decides to discontinue the product, for any reason whatsoever, adequatenotice shall be given to the Purchaser / Owner to enable procurement of the requisitelifetime spares.

A170. PURCHASERS RIGHT TO ACCEPT ANY BID, PART OF BID AND TOREJECT ANY OR ALL BIDS:171. The Purchaser reserves the right to accept and or reject any or all tenders and orto withdraw the tender in toto and or award the contract / order in full or part to morethan one Supplier / contractor without assigning any reason whatsoever and withoutthereby incurring any liability to the affected Bidder or Bidders or any obligations toinform the affected Bidder or Bidders of the grounds for MDL action.

A180. BANK GUARANTEE / INSURANCE COVER FOR FREE ISSUE MATERIAL:A181. The Bidder / Supplier / Contractor shall furnish Bank Guarantee / insuranceCover equivalent to the value of materials supplied by MDL free of cost valid up to theexecution of the contract / delivery of material, inspected / accepted and receipt at MDLtogether with the material reconciliation statement whichever is later.

A190. BIDDERS RESPONSE IN CASE OF NO PARTICIPATION:A191 The Sub-contractor / Supplier / Supplier shall inform the Purchaser in advance incase he is unable to participate in the tender for whatsoever reason. Failure to complywith this will be viewed seriously and consecutive three failures on the part of Sub-

contractor / Supplier / Supplier to do so is liable for disqualification / debarring of theSub-contractor / Supplier / Supplier from all future tender enquiries and or delisting fromthe list of 'Approved Registered Suppliers.

A200. FACILITY PROVISION (Applicable only for Services):A201. The Purchaser would consider providing facilities like -compressed air at onepoint, cranage facility for handling heavy loads for lowering onto the ship and waterintended for use by the Contractor / Bidder for execution of contract for working withinthe Purchasers 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 ifpossible 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 forwater and necessary fittings, pipes, breaker, hoses etc for compressed air.

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ACCEPTANCE FORM FOR GENERAL TERMS AND CONDITIONS (Apendix-8.1.3)

To,PE(C-P15B)Commercial - P15B.Mazagon Dock Limited

Tender Enquiry No. _________________________________ Date ___________

Companys Name & Address: Signature:_______________________ Date:_______________________ Name:

_______________________ Designation:_______________________ Bidders 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) along with

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 anydeviations taken by them

GT&CCLAUSENo.

BIDDERSREMARK

GT&CCLAUSENo.

BIDDERSREMARK

GT&CCLAUSENo.

BIDDERSREMARK

ACC. / DEV. ACC. / DEV ACC. / DEV