mazagon dock shipbuilders limited cin: … · 2020. 8. 28. · department: east yard-commercial...

TENDER NO EY/CD/TAJ/MRLC/1200002238: Battery Commissioning for MRLC

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MAZAGON DOCK SHIPBUILDERS LIMITED

(Formerly known as Mazagon Dock Ltd)

CIN: U35100MH1934GOI002079

(A Government of India Undertaking)

Dockyard Road, Mumbai - 400 010, India.

DIVISION: SUBMARINE

DEPARTMENT: EAST YARD-COMMERCIAL

Tel. No.: +91(022) 2376 2614 Fax: +91(022) 2374 1389.

E mail: [email protected] Website: www.mazdock.com

PART-A TENDER ENQUIRY (TWO - BID SYSTEM)

(SINGLE TENDER) DIVISION: SUBMARINE(MRLC) DEPARTMENT- COMMERCIAL (EAST YARD)

TENDER No: EY/CD/TAJ/MRLC/1200002238 TENDER DATE: - 02.09.2020 EMD:- Nil TENDER CLOSING DATE: -SAP RELEASE

SECURITY DEPOSIT:-5% CLOSING TIME: - 12.00 hrs

MDL INVITES COMPETITIVE BID through e-portal http://eprocuremdl.nic.in, in TWO BID SYSTEM for the supplies from Suppliers/ Bidders/ Contractors.

Issue of e - Tender Enquiry Document: This e-tender enquiry can be downloaded from our

e-procurement website http://eprocuremdl.nic.in. To login and quote against this e-tender on

e-procurement portal, bidders should possess Digital Signature Certificate (DSC). The help line

number is 0120-4200462, 0120-4001002, mobile: +91 8826246593, you can also mail to

[email protected].

Tender opening: Technical bid (PART-I) will be opened immediately after the tender closing date

and time through E-procurement portal. Bidders can view details of quotation received against

tender after tender opening on e-procurement website.

Price bid opening: Similarly After completion of Technical scrutiny/evaluation, intimation for price

bid opening will be intimated to the concerned bidder. It may be noted that such intimation may

be given at a short notice by Fax, E-mail or even by telephone only to such bidding firm(s). If any

such bidder wishes to witness opening of the price bid, he should log on to MDL e-portal

website. Bidder’s no response to such intimation or any request to reschedule price bid opening,

not acceptable to MDL, will be construed as bidder’s inability to witness the price bid opening.

Bidder’s any representation in this regard will not be entertained


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Instructions to the bidders: A. In case any vendor intending to respond against the tender and is not having the

DSC to facilitate uploading of his bid, should approach the Service Provider at least 10 working days in advance of the tender closing date requesting DSC. The request so made to the Service Provider should simultaneously be forwarded to MDL Dealing Officer. In case the DSC is not received within 3-4 working days, the Head of concerned Commercial Section be informed and the DSC if not received from the Service Provider three working days in advance, for suitable extension to tender closing date then only the tender due date shall be considered.

B. Where requests are made by bidders with reasons for extension of the tender

closing date provided such an extension will not adversely affect the project schedule and bidders are instructed for submission of such request in the concerned commercial department at least 3 days in advance excluding the day of tender closing date, amendment to the tender enquiry may be issued.

C. Delivery date mentioned in the RFQ/Tender is tentative. However, bidder has to

follow delivery schedule as per purchase order. Non Compliance of the same beyond the contractual terms may lead to imposition of liquidated damages or cancellation of contract/Purchase order.

TENDER ENQUIRY FORM CLAUSES

1. SUBJECT: Battery commissioning & Transportation for MRLC (Y-72177)

2. SCOPE OF WORK: Scope of work is at enclosure-1. Before quoting to tender,

bidder has to read and understood the requirement raised by MDL vide this tender. Upon understanding, bidder has to submit duly signed & stamped pointwise compliance to scope of work.

3. INSPECTION: Inspection will be undertaken by QA-EY, SOT (Mb) / User department. The decision of the Inspection authority on any question of intent , meaning and scope of the work / documents / specifications / standards shall be final and conclusive and binding on subcontractor.

4. CONTRACT VALIDITY, WORK SCHEDULE, & MOBILISATION: Contract validity is till 28.02.2022.

5. INTEGRITY PACT (IP) & INTEGRITY PACT BANK GUARANTEE (IPBG):Not

Applicable.

6. EARNEST MONEY DEPOSIT (EMD): Not Applicable 7. BID REJECTION CRITERIA:

7.1 Following bids shall be categorically rejected. 7.1.1 Bids/Offers received other than e-portal mode. 7.1.2 The Bids received after tender closing date and time. 7.1.3 Bids received without scanned image of EMD/ MDL registration/

NSIC registration/ MSE registration Certificate (issued from competent authority) not submitted in Part-I tender stage.


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7.1.4 If the date of EMD in the form of bank guarantee / DD or the date of remittance of EMD amount is later than the tender closing date.

7.2. Following criteria may render the bids liable for rejection. 7.2.1. Bidder’s failure to furnish sufficient or complete details for evaluation

of the bids within the given period which may range in between two to three weeks depending on the deficiencies noticed in the drawings / technical data which shall not however conflict with validity period.

7.2.2. Incomplete/ misleading/ ambiguous bid in the considered opinion of the Technical Negotiation Committee (TNC) of MDL.

7.2.3. Bid with technical requirements and/or terms not acceptable to MDL/ Customers/ External agency nominated, as applicable.

7.2.4. Bid received without qualification documents, where required as per the Tender.

7.2.5. Bid not meeting the pre-qualification parameters / criteria stipulated in the Tender Enquiry.

7.2.6. Bid with validity expiry date shorter than that specified in the Tender Enquiry.

7.2.7. EMD validity period is shorter than specified in the tender enquiry. 7.2.8. Bidders who have not agreed for the fixed price till the validity of the

tender or have quoted the variable price. 7.2.9. Bidder not agreeing to furnish required Security Deposit (SD) or for

not agreeing to extend the validity of the submitted SDBG in case of requirement of extension of validity of the Order/of Completion Period of the Order (refer the relevant Para below).

7.2.10. Bidders not submitting Original instrument of EMD within 7 MDL working days from the tender closing date.

7.2.11 Bidders / Offers not adhering the stipulated Delivery Schedule as per TEF Clause.

7.2.12 Unreasonably longer delivery period quoted by the firm. 7.2.13 Bidders not submitting compliance for scope of work. 7.2.14 Bidder not completeing trial order for technical qualifications within

sstipulated time given by USER/PLG-EY.

8. QUALIFICATION CRITERIA: NA

9. VALIDITY PERIOD: Bids / Offers shall have a validity period of 180 days from the tender closing date.

10. PRE – BID CONFERENCE: Not applicable.

11. ON-LINE SUBMISSION OF BIDS IN TWO-BID SYSTEM:

Offer (bid) must be submitted through E-mail in two parts, Part-I Techno-commercial bid & Part-II price bid as appearing online: Part- I: Techno-commercial bid will be opened on the tender opening date/ extended opening date shall contain the following. 11.1. Common Documents:

11.1.1. Scanned image of EMD submitted through NEFT as stipulated in TEF clause no. 6 for EMD shall be submitted at Part-I tender stage. The original of the above of EMD Remittance, shall be submitted along with technocommercial bid.

11.1.2. Bidder should also submit scanned copies of Tender Enquiry Acceptance Format, General Terms & Condition acceptance


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format, Standard Terms & Condition acceptance format in the Prescribed Formats attached herewith (Enclosure-3, 4 & 5); duly stamped, signed & filled ‘Accepted OR Not Accepted’ as applicable for each of the clause. Normally deviations to the tender terms are discouraged. In case, if the bidder has any deviations, the same should be filled in above formats (Enclosure 3, 4 & 5) , mentioning the deviation against the relevant Tender clause no. Further, separate Deviation Sheet in the prescribed format(Enclosure-7), to be filled properly in case of any deviations from Terms, Conditions & Technical requirements specified in the STACS, Tender Enquiry & GT&C. Vendor failing to submit the separate deviation sheet will be construed that all clauses of Tender inquiry, STACs & GTACs appearing against the tender are understood by you and are fully acceptable to you. In the event bidder has no deviations, he should submit following forms mentioning ‘Accepted’. Any deviations mentioned elsewhere in the offer other than in said Forms will not be considered.

11.1.3. Rate sheet (Enclosure-2), blanking the prices but clearly indicating ‘Quoted/ Not-Quoted’ as applicable against each of the listed duly stamped & signed, should also be submitted.

11.1.4. Bidders should submit scanned Copies of work Orders, Work Completion Certificates, and Performance reports for the job executed to meet the qualification requirement mentioned at TEF Clause No. 8.3.5 above. (Order copies & work completion certificates to be appended). Also documents pertaining TEF Clause No. 8.3.6 to be submitted in Part-I Bid.

11.1.5. Bidder should scan and submit Acceptance in firm’s letterhead of: 11.1.5.1. Validity of Offer (TEF Clause No. 9) 11.1.5.2. Ready to submit Security Deposit (TEF Clause 17) & to

extend the same on MDL request. 11.1.6. Bidder should submit scanned copy of tax and duties certificate

for which they are registered. 11.1.7. Bidder should submit scanned audited balance sheet with

auditors reports to meet the qualification requirement at tender clause no. 8.3.4, along with Part-I Techno-commercial e-offer.

11.1.8. Copies of valid Registration or Approval certificates (if any) of the following shall be submitted on-line: 11.1.8.1. Micro Enterprises. 11.1.8.3. Small Enterprises. 11.1.8.3. ISO Accreditation.

11.2. In addition to the documents as indicated above, following documents shall be submitted by bidder. 11.2.1. Bidders registered with MDL should submit scanned and submit

valid Registration Certificate issued by MDL. 11.2.2. Bidders not registered with MDL should scan and submit the

following document. 11.2.2.1. Track Record as per Format OTS-F-04 (available on

MDL website). 11.2.2.2. Bank details for payment as per Format – OTS- F-12

(RTGS/ NEFT) (available on MDL website). (Enclosure-8),

11.2.2.3. Scanned image of PAN card.


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11.2.2.4. Company Profile, Shop & Establishment and Tax registration certificate.

11.2.2.5. List of Equipment held by them. Note: Bidders in their own interest are requested to submit their bids well in advance of tender closing date to avoid the last minute difficulties in submit ing the bids. Problems in hardware/software, internet connectivity, system configurations, Browser setting etc, for whatsoever reason shall not be considered for extension of tender closing date and time. Part - II (Price Bid): This should contain only the PRICES for each of the listed items strictly in the prescribed format of rate sheet. Price bid must be enclosed only in the required format as appearing in tender. Note: In case of error in the aggregate values, the individual service-wise quoted rates

will be considered. Prices for the tendered services/ Items and applicable Taxes and duties are to be quoted by separately in the rate sheet. Timely submission of the bids is responsibility of the bidders and no reasons / excuses in this regard will be entertained.

11.3. Opening of Techno-Commercial bid (Part-I): Techno-Commercial bid (Part-I) will be opened online on the tender opening date or extended tender opening date or next working day if opening date happens to be holiday declared by MDL. The participant bidder can also witness opening of the bids online from their locations by logging on MDL e-procurement website with their Digital Signature Certificate (DSC).

11.4. Opening of Price bid (Part–II): After completion of Techno-commercial scrutiny, intimation for price bid opening will be communicated only to techno-commercially accepted bidders. Bidder (s) to note that such intimation may be given at a short notice by Fax, E-mail or even by telephone only to techno-commercially accepted bidder(s). Techno-commercially qualified bidders can also witness opening of price bids online from their locations by logging on MDL eprocurement website by using their Digital Signature Certificate (DSC). L1 will be determined after taking into account loading factor if any.

12. PRICING & ESCALATION:

12.1 Contract Prices shall remain firm and fixed during the currency of the contract unless agreed otherwise by MDL.

12.2. 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 other documents which purport to impose any conditions at variance with or supplemental to CONTRACT.

12.3. Bidder while quoting should consider the all costs such as labour along with accessories, consumables, operators, hike in the minimum wages, transportation, equipment, all incidental expenses, travelling, lodging, boarding, and administrative etc. for the entire contract period.

12.4 Bidder shall quote the prices in the Rate Sheet Format provided in tender.Bidders may please note that the bidders are required to quote in Rupees only.

13. RANKING OF BIDS & DETERMINATION OF L-1 BIDDERS:

13.1. Techno-Commercially Qualified Overall Lowest Bidder will be considered for the placement of order. On-line Ranking visible to the bidders after opening part II price bid is without loading parameters.


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13.2. However, the Overall L1 bidder will be evaluated offline after applying all applicable loading parameters as mentioned in the tender document and commercial terms.

13.3. 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 levies) of services 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.

14. WORK DONE CERTIFICATE:

14.1. WCC would be issued to subcontractor by Outfitting/User (Officer in the rank of Chief Manager and above) after satisfactory completion of Job

14.2. An illustrative format of Work Done Certificate is at Enclosure-17.

15. TERMS OF PAYMENT: 15.1. No Advance in any manner will be paid to the Supplier / Bidder / Vendor

/Contractor. 15.2 Payment will be made after successful completion of each line item (Activity)

within the 15-20 days from the date of submission of the bills duly certified by User and alongwith the following documents.

15.3 Set of Original + 2 Copies of signed Tax Invoice (with SAC ) showing item / activity wise prices as per the Order to be submitted to Receipts Sections along with Service Entry through SAP system from user department and monthly log sheet duly signed and stamped by competent authority of USER dept . Bidder will be required to submit bills indicating details of earlier billing in every bill/invoice and also showing cumulative value of work done, failing which, the bills will not be accepted / cleared.

15.4 Work completion certificate should confirm that the work is completed in time or In case of delays, the duration of delay be specified in this certificate to invoke LD Clause and effect recoveries from Contractor’s invoice. PLG_EY will calculate the delay and certified the delay for LD application. LD amount if any will be reducted from the payment. Based on above, duly Certified work Completion Certificate will be issued by Ship Manager (MRLC) or MDL designated production executive of the rank of CM & above of MDL user department (L&Wn-EY) indicating the delay if any. The bills should be preferably submitted within four weeks of certification of Work Completion Certificate ‘WCC’ to Receipts Sections adjacent to ARS punching station of South Yard along with Service entry through SAP system from user department.

15.5 Set of Original+2 copies of any other document as decided during TNC/CNC. 15.5 Kindly note that submission of the above documents with the invoice is

essential for effecting (timely) payment to the Subcontractor. 15.6 Set of Original+2 copies of Warranty Certificate as per Enclosure-08. 15.7 Set of Original+2 copies of PBG (Performance Bank Guarantee) as per

Enclosure-15. 16. MODIFICATION: Not Applicable.


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17. SECURITY DEPOSIT (SD): If the negotiated delivery period of the items is more than 25 days from the date of Purchase Order and the individual total order value is more than Rs 10 lakhs (or equivalent foreign currency) then Security Deposit (SD) clause is applicable as follows: The bidder shall submit Security Deposit (contract performance BG) for an amount of 5% (Five per cent) of the Contract/Order value excluding taxes, duties, freight etc. in the form of NEFT / DD/ Pay Order / Bank Guarantee in favour of Mazagon Dock Shipbuilders Limited as per MDL standard format at Enclosure-15a from a Nationalized / Scheduled Bank or bank of International repute excluding Co-operative banks as per the list of Banks approved by SBI/Canara Bank published on MDL web site within 25 days from the date of transmission of order and valid till contractual delivery of all the items plus one month more. Bank Guarantee should be valid till contractual delivery date plus one month for claim period and one month before expiry it shall be extendable until delivery of last ordered item. Security Deposit will be returned only after successful execution of the order. Refund of security deposit whenever considered admissible by the Purchaser, shall be without interest only. In case of non-submission or late submission of Security Deposit: a) MDL may at their discretion cancel the order and invoke risk purchase clause.

18. GUARANTEE/WARRANTEE: Not applicable.

19. PERFORMANCE BANK GUARANTEE: Not applicable.

20. The bidder shall also abide to all statutory requirements, Official Secret Act 1923 (Encl-20 to be submitted with technical bid) , 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 not equipping their employees with suitable safety gears, will be viewed seriously. For non-adherence to above will be levied as per extant guidelines of Security and Safety Rules prevailing time to time, to the contractor without prejudice to other rights to enforce the safety requirements.

21. TAXES: 21.1. The items/service-wise rates quoted in the Rate sheet should exclude

Taxes and Duties. Bidder should indicate Taxes and Duties as applicable separately in the same Rate sheet, at the space provided for, which will be paid extra based on tax invoice to the extent applicable.

21.2. The variation in statutory levies etc. are not allowed unless the breakups in respect of taxes duties are clearly and separately furnished in bid.

21.3. Bidders are required to submit their provisional ID with SAC number, along with documentary proof. MDL’s provisional GST ID is 27AAACM8029J1ZA.

21.4. GST Compliance: Due to implementation of GST, Suppliers /contractors shall agree unconditionally to mandatorily pass on the any / all benefits arising in terms of reduction in goods/service’s prices to MDL under anti-profiteering provisions of GST Law. 21.4.2 If the vendor is registered under GST, the GST registration

number (15 digit GSTIN) issued by GOI shall be mandatorily provided by the vendor. Vendor having multiple business verticals within state / at multiple states with separate GST registration numbers shall forward GSTIN of these verticals involved in supply of goods and/or services. MDL GSTIN is 27AAACM8029J1ZA and


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shall mention the same while invoicing and avoid any data entry error on GST portal.

21.4.3 If the vendor is registered under GST, vendor shall mention the HSN code for goods &/or services in their tax invoice, etc. These codes must be in accordance with GST Law and responsibility of specifying correct HSN codes for goods &/or services is that of the vendor. MDL shall not be responsible for any error in HSN code for goods &/or services specified by supplier / contractor. However if any penalty is levied on MDL or any loss of ITC to MDL occurs or any delay in availing ITC by MDL occurs due to such error, supplier / contractor shall reimburse such loss after intimation by MDL or the amount shall be recovered from the SD or any outstanding payments to the party.

21.4.4 If the vendor is registered under GST, Vendor shall ensure timely submission of invoice as per the provisions / requirement / timeline promulgated by GOI in relation to GST Law with all required supporting documents to enable MDL to avail input tax credit promptly. The vendors invoice inter alia should contain GSTIN of vendor, GSTIN of MDL (i.e. 27AAACM8029J1ZA), GST tax rate separately, HSN code wise goods or services, place of supply, signature of vendor, etc. Original invoice needs to be submitted to Bill Receipt Centre at MDL gate, and a copy of the invoice should be given to the goods receiving section (GRS).

21.4.5 If the vendor is registered under GST, vendor shall file all applicable returns under GST Law in the stipulated time & any losses of tax credit to MDL arising due to delay in filing will be recovered from their invoice wherever MDL is eligible to avail tax credit. Any default towards payment of tax and / or submit ing of monthly returns by supplier/contractor, MDL retains right to withhold payments towards tax portion until the same is corrected & complied by the supplier/contractor with the requirement of GST along with satisfactory evidence.

21.4.6 In case, MDL is unable to avail ITC, supplier/contractor at their own cost shall rectify the shortcoming in the returns to be filed immediately thereafter. Further, if the ITC is delayed / denied to MDL / reversed subsequently as per GST Law due to non / delayed receipt of goods and / or services and / or tax invoice or expiry of timelines prescribed in GST Law for availing ITC, non-payment of taxes or non-filing of returns or any other reason not attributable to MDL, such amount shall be recoverable from supplier / contractor along with interest and penalty as levied on MDL under GST Law for the number of days the ITC was delayed. This amount shall be recovered from the SD or any outstanding payments. If the short coming is not rectified by supplier/contractor and MDL ends up in reversal of credits and / or payments, supplier /contractor is fully liable for making good all the loss incurred by MDL as a result of default.

21.4.7 If the GST rating of supplier /contractor on GST portal / Govt. website is found to be negative / blacklisted then MDL shall reimburse GST to the vendor only after he makes the payment of GST and fulfils all requirements as per GST Law for successful availment of ITC by MDL. Further, MDL is entitled to deduct /


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recover such GST along with penalties / interest, if any, incurred by MDL.

21.4.8 If the vendor is registered under GST, vendor shall be responsible for financial and non- financial consequences in case of non- compliance of GST provisions / requirements / timelines on their part. MDL shall pay the applicable GST taxes to the vendor at actual & supplier/contractor shall pass on the reduction in prices to MDL on account of change in the tax structure.

21.4.9 The applicable taxes shall be clearly indicated. The Item wise rates quoted in the rate sheet should exclude taxes. Bidder should indicate taxes and levies as applicable separately under each of the head in the same rate sheet.

21.4.10 Wherever all-inclusive prices are quoted by the bidder(s) and accepted without bifurcation of tax elements, no escalation shall be considered in respect of any variation in statutory levies arising subsequently in the absence of required base figures.

21.4.11 Supplier / contractor will not be entitled to any increase in rate of taxes occurring during the period of extended delivery completion schedule if there is delay in supplies / completion attributed to him. However, if there is a decrease in taxes, the same must be passed on to MDL.

Note:- Any change in tax component/structure due to government regulation during the execution of contract/order within contractual delivery period the same will be applicable at actual ruling at the time of supply/service/execution (This will however not be applicable in case of extended delivery/completion schedule) of contract after Government Notification.

22. LOADING CRITERIA: Deviations sought by the bidder in respect of Payment terms, delivery period, Liquidated Damages (L.D.) shall be loaded on the bidder/s quoted prices during price evaluation by MDL. Among the equal bids, bidders with ISO 9000 series accreditation, over Non-ISO bidders, will be given preference. The loading criteria that will be adopted are detailed below & also as per Enclosure-6. 22.1. It is desirable that the bidder accepts the Payment Terms indicated

indicated by the MDL in the Tender document.. Varied payment terms quoted by bidders as compared to the terms stated in the Tender document shall be normalized by applying S.B.I. Prime Lending Rate (prevailing at the time of opening of Price bid) plus 2% p.a. rate of interest for the period at variation. (For Indigenous bidder)

22.2. For the additional time period sought by the bidder over the stipulated date of delivery as per Tender, 0.50% per completed week will be loaded to the quoted price.

22.3. Deviations sought in respect of Liquidated Damages (L D) Deviations sought in respect of rate per week and / or maximum ceiling in respect of liquidated damages shall be loaded to the quoted price. For e.g. The maximum ceiling towards liquidated damages speculated in the tender is 5% and the bidder seeks to limit it to, say 3.5% then the price quoted will be loaded by 1.5%. If the rate of L.D per week is 0.5% per week or part thereof as per tender and the bidder seeks it as, say, 0.4% per week or part thereof, the maximum ceiling on L D as per tender will first be equated to weeks (10 weeks in this case) and the rate proposed by the bidder i.e. 0.4% will be multiplied by the so equated maximum period (which works out to


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4%) and the quoted price will be loaded accordingly by 1%. Delivery being the essence of the contract, it is desirable if the bidder/s adhere to the stipulated clause.

22.4. Deviations in respect of the period of Guarantee shall be loaded to the quoted price @ 0.25% per month or part thereof. This does not arise if the bidder quotes additional price for the differential period.

23. PURCHASE PREFERENCE: Not applicable.

24. FREAK LOW QUOTES: Not applicable.

25. MODIFICATIONS TO THE BID:

Bidder desirous of submitting modified Bid prior to the Tender closing date & time may do so by making modifications in their Bid submitted online any no. of times before the Tender closing date & time. The last changed Bid shall be considered as the final Bid.

26. 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.

27. 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 utilize 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.

28. Liquidated Damages(LD):

28.1 Time is an essence of the contract therefore the job, as ordered, should be completed on the dates/period mutually agreed upon in accordance with the delivery schedule. In cases of delay not attributable to Purchaser beyond the agreed schedule, the Successful bidder shall pay liquidated damages, a sum representing 0.5% (Half per cent) per week or part thereof of the undelivered service, subject to maximum of 5% of the contract value.

28.2 Contractor will prepare a detailed schedule of all activities in consultation with OIC (Hull-EY) and submits the final schedule to OIC (Plg-EY) and OIC (Hull-EY). The details regarding delay in work as per schedule will be


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provided by PLG-EY alongwith delay analysis certificate for calculation of LD .

28.3 Mobilisation: Firm is to mobilize manpower within 5 days from MDL User call, in cases of delay not attributable to Purchaser beyond the agreed schedule,the Successful bidder shall pay liquidated damages, a sum representing 0.5% (Half per cent) per week or part thereof, subject to maximum of 5% of the contract value.

29. PENALTY:

30. MDL will not be responsible for an error in downloading of tender documents from web by the bidders. The Version appearing on MDL website will be considered final and authentic.

31. PARALLEL ORDER: Not applicable.

32. 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.

33. The contract will be governed by Standard Terms and Conditions 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 enclosures including STACS & GTACS.

34. Delivery Period / Completion Schedule: The contract period is till completion of the work as per scope. The Bidder has to confirm in writing that he will comply with the relevant conditions of delivery schedule indicated at Scope of work for Bidder ( Bidders Scope under Scope of work of this tender)

35. Consignee/ Place of the work:

The Successful bidder/s shall arrange to mobilize the work force & other resources for executing the purchase order for fabrication & installation of fore body for within 7 days from the date of Order placement. Delay beyond 7 days shall attract LD as per MDL terms & conditions. During mobilization period, contractor should complete the formalities required to prepare the gate pass etc. to avoid delay the contract should ensure having completed the PVR (Police Verification Reports) formalities.

36. Option Clause: MDL retains the right to place orders for additional quantities upto a maximum of 50% of the originally contracted quantity at the same rate and terms of the contract. Such an option shall be available during the original period of contract. Option quantity during extended Delivery period is limited to 50% of balance quantity after original delivery period.


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The contract will be governed by tender terms, STACS and General Terms and conditions (GT&C). In case of discrepancy, clauses mentioned in Tender, Technical Scope and Rate sheet will override the clauses mentioned in other enclosures including STACS & GT&C.s

37. STATUTOTORY REQUIREMENTS: The bidder shall abide to all statutory requirements, Official Secret Act 1923, labour act/rules/regulation Safety Rules etc, which are part of this tender. The Bidder shall attach the duly signed scanned copy of Official Secret Act 1923 in Part-I of the bid in the prescribed format at Enclosure-20. If contractors’ employees are not adhering to the health, safety and environment norms (HSE) and the contractors are not equipping their workers with suitable safety gears/PPE, per day fine of Rs.50 per employee for non-adherence to above will be levied to the contractor without prejudice to other rights to enforce the safety requirements.

38. Contractor will be responsible for complying with all requirements of law in respect of contractor employees and in particular provisions of:

39.1 The contract labour (R&A) Act, 1970.

39.2 The Minimum Wage Act, 1948.

( Declated by State Government & Central Government whichever is

higher)

39.3 The Provident Fund Act, 1952.

39.4 The Employees State Insurance Act, 1948

39.5 The Factories Act, 1948.

39.6 The Payment of Bonus Act, 1965.

39.7 Bombay Shops & Establishment Act, 1948.

39.8 Industrial Dispute Act, 1947

39.9 Environmental Protection Act, 1986.

Manpower Insurance/ESIC/PF personal protection equipment is contractors responsibility.

39. NON-DISCLOSURE AGREEMENT: The bidder (Contractor) shall submit Non-Disclosure Agreement in enclosed Format (Enclosure-9)on Rs.500/- Non-Judicial Stamp paper immediately on receipt of tender information as the same is mandatory for handing over any technical documentation or material classified in nature. The format for non-disclosure agreement is attached at Enclosure-09. In case of foreign bidders NDA on their letter head is acceptable.

40. PUBLIC GRIEVANCE CELL: A Public Grievance Cell headed by Shri H.V Karekar, Executive Director 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 4th floor, Project office, East Yard, Mazdock Shipbuilders Ltd or send their complaints / grievances to him in writing for redressal. Contact Telephone No is 022-23738368/ 23763506.

41. Hindrance Register:


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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.

42. Material Reconciliation: Not applicable 43. SITE VISIT:

45.1. Bidders shall visit the actual site at MDL, for ascertaining the nature & entire scope of work, job requirement, technical specifications, tools & tackles & measuring instruments required, for carrying out the job and intermediate checks, the environment under which the work needs to be carried out at worksite in MDL premises, site conditions etc.

45.2. Bidders are requested to visit MDL prior to submit ing their bid. In this regard please contact following MDL Officials: K Prakasan, CM (Plg-EY),

Tel. no.: 022-23763596/3606 / 3603 / 3592 / 3594, email: [email protected] or R. D.Joseph, DGM (Planning-EY), Tel. no. : 022- 2376 3592/3594, email: [email protected].

45.3. A) MDL reserves the right to consider placement of Order. B) In case of the performance of the contractor is not satisfactory, MDL reserves the right to cancel the order.

44. In case of proper on-line filling of Acceptance Formats for Tender Enquiry Form, General Terms & Conditions (GT&C) and Standard Terms & Conditions (STACS), it shall be presumed that all our tender terms & conditions are acceptable to you.We look forward to your participation in bidding by offering your most competitive and reasonable bid against this tender.

Yours faithfully,

For MAZAGON DOCK SHIPBUILDERS LIMITED,

Tushar Jaulkar (Purchase Officer)

Tel- +91-22-2376 2600 [email protected]


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Enclosures:

Enclosure-1 : Scope of work Enclosure-2 : Rate sheet Enclosure-3 : Tender Enquiry Terms and Acceptance Format.(TEF) Enclosure-4 : General Terms & Conditions with Acceptance Format. (GT&C) Enclosure-5 : Standard Terms & Conditions (STACS) with Acceptance Format Enclosure-6 : Loading Factors Enclosure-7 : Deviation Sheet Enclosure-8 : RTGS/NEFTFormat Enclosure-9 : Non Disclosure Agreement

Enclosure-10 : Vendor declaration Enclosure-11 : Security deposit format Enclosure-12 : EMD/Bid bond format Enclosure-13 : Format for information of past orders Enclosure-14 : MDL Bank account details for remittance of EMD / SD Enclosure-15 : Illustrative format for loading factors for ranking of bids Enclosure-16 : Technical & Commercial documents to be submitted

Enclosure-17 : Work Done Certificate format Enclosure-18 : Free Issue material Bank Guarantee (FIMBG) format Enclosure-19 : Performance Bank Guarantee (PBG) format Enclosure-20 : Official Secret Act 1923 format


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Enclosure-1

SCOPE OF WORK- BATTERY COMMISSIONING (MRLC SHISHUMAR)

1. Brief Work Content

Battery cells of Type-II for SSK 209 Class Submarine manufactured by M/s Exide

Industries Limited (India) having dimensions of 1421X290X450mm and weighing

approximately 520kg are required to be commissioned under overall coordination &

control of MDL and IN. The present scope is for hiring of services for Commissioning of

Main Batteries for INS Shishumar:

1.1 Loading and safe transportation, unloading, de-crating & internal shifting of Cell

Boxes &associated accessories.

1.2 Preparation and handling of Electrolyte.

1.3 Connectorisation of battery links, connecting of accessories viz. Operating plugs,

cooling pipe & level indicators, further monitoring and watch-keeping for battery

parameters (round the clock) during Battery Charging as per Commissioning

procedure and guidelines issued during process by the OEM/IN/MDL.

1.4 Safe Transportation and delivery of commissioned batteries at the MDL/ND

(MB)/MBPT or any other location as intimated by MDL.

1.5 Hook rails to be placed at bottom of cell prior loading on-board.

2. Bidders to have following requisite Infrastructure facilities to execute the work

2.1 Bidder should have his own facility under one roof for commissioning of submarine

batteries. Facility to include DM Water preparation plant and storage facility,

Electrolyte preparation plant (GLT and Reactors) and storage facility, HP air

compressors, Chillers with close loop cooling systems, charging racks (for about 135

cells) with provision of close loop LP cooling system and LP air lines for battery

agitation system. Facility should also include Battery Charger (capacity about

1500Amps) and DC Resistance box (Load Bank) discharge capacity about 600

Amps for charging and discharging batteries with redundancy.

2.2 Bidder should have experience of handling & manual pouring of concentrated

sulphuric acid, electrolyte preparation and pouring of electrolyte in lead acid of

Industrial Batteries/ Special Grade Batteries with capacity of 2000 Ah & above.


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2.3 Bidder should have experience with electrical activity like Connectorisation/

Deconnectorization and parameters monitoring of electrical nature along with

operation of main switchboard, manning of battery & battery charger. Bidder should

also have experience of handling high voltages (300 V DC and above) and high

currents (1500 A DC and above).

3. MDL/ IN Scope of Work

3.1 Indian Navy shall be providing dry battery cells from the site of M/s Exide

Industries Limited (India) /Naval Stores at Ghatkopar/ Naval Dockyard (MB).

3.2 Continuous monitoring of loading, unloading, de-crating, alignment of cells in racks

and all other battery commissioning related activities.

3.3 Provision of technical documents/Manufacturer’s manual/Commissioning manual

required for battery commissioning and as per OEM instructions.

3.4 Witnessing/ validation in confirmation of acid test, DM water test, electrolyte test,

capacity test, hydrogen evolution test and other quality tests carried out by

subcontractor during battery commissioning activities.

3.5 Work completion record shall be maintained by MDL.

3.6 Requisite reference protocol logbook format for recording shall be issued to

subcontractor before start of work.

3.7 Hook rail plates shall be provided by IN/MDL. MDL will provide space to execute

the Hook Rail activity.

3.8 Dry Batteries 532 nos and associated accessories viz. Level indicators & agitation

plugs.

4. Subcontractor’s Scope of Work and Supply

4.1 Safe loading of dry cells boxes from Naval Stores Ghatkopar/Sewri or as intimated

by IN and safe transportation to the subcontractor’s premises. Spare

commissioned cells after commissioning to be returned to IN (NSD,

Ghatkopar/BCF Sewri). Firm has to procure Salphuric Acid Battery Grade having

Part No. N6810-000014/N6810-000101suitable for Type 2 batteries from IN

recommended vendor certified by OEM M/s Exide for 532 cells. Firm to arrange

acid 15 days prior to start of commissioning activity.

4.2 Safe unloading of dry cells, de-crating and to facilitate the dry cell inspection at

subcontractor’s premises with the help of battery operated forklifts. Placement of


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cells on charging racks for connectorisation with load tested Lifting Yoke. Lifting

Yoke (Two in nos.) suitable to batteries has to be arranged by firm for shifting of

Dry and commissioned batteries. Subcontractor will make sure that all requisite

accessories like slings, eyebolts etc. properly calibrated with certificates available

whilst Loading/Unloading of the cells. Weight of the dry cell would be

approximately 400 Kgs and that of commissioned battery would be approximately

525Kgs. Firm should have dedicated area for acid storage and handling,

unloading, de-crating and inspection of dry cells before placing on commissioning

rack including washing and cleaning of cells.

4.3 Carry out visual inspection of the dry cells for cracks/ abnormalities/damages

jointly with OEM, IN, QA-EY and other reps.

4.4 Perform cold checks as per the promulgated protocol/ manufacturer’s guidelines.

Carry out insulation check for each cell using Digital Insulation Tester

Fluke/Megger make and should be calibrated.

4.5 Placement of each cell on charging racks aligned in such a fashion that connecting

links can be mounted on each cell easily and without damaging cells. Connecting

links along with suitable nuts, bolts, washers, bridging connectors, bulge arresters

etc. to be arranged by subcontractor.

4.6 Ensure that each dry cell remains intact, scratchproof and jerk proof while loading,

unloading, mobilizing, de-crating and aligning on charging racks.

4.7 Waste material, wooden box, scrap etc. be removed in a systematic way and keep

all passages and emergency ways cleared round the clock as per safety norms

during the course of commissioning process.

4.8 Subcontractor should possess/arrange all necessary cables, piping, accessories

and calibrated measuring instruments as attached in Annexure -1.

4.9 Ensure that all accessories and materials provided by IN/ MDL remain neat, clean

and undamaged pre and post uses. And same to be delivered to

MDL/ND(MB)/BCF Sewari after commissioning in operational state. In case of

physical damage during process same should be replaced by firm.

4.10 Commissioning facility to be equipped with flame proof lighting arrangement and

adequate ventilation system.

4.11 Arrangement of appropriate transport (with loading and unloading arrangements)

for collection of dry cells and delivery of commissioned wet cells at MDL/ N D

(MB).


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4.12 Availability of fire safety measures including portable fire extinguishers and major

firefighting facilities operational during entire process of commissioning.

4.13 Use of Personnel Protective Equipment (PPE) of ISO standards like Acid Proof

Aprons and safety suits, Protective Eyewear (Goggles), Acid proof Gloves, HV

Protective Gloves safety shoes, face masks and first aid box for acidic

environment etc. by all personnel involved in battery commissioning activities.

4.14 Availability of adequate cranes, Battery operated forklifts and other material

handling equipment with proper valid load tested certificates.

4.15 Availability of standby input AC power supply and output DC Power for charging

as redundancy arrangement in case of power failure, as approved rated supply

arrangements recommended for battery commissioning procedure.

4.16 Availability of uninterrupted supply of DM Water suitable for Type 2 batteries

certified by OEM M/s Exide.

4.17 Availability of adequate manpower required for battery commissioning activities i.e.

minimum of 06 Nos. ITI qualified and experienced watch keepers and one

supervisor in each shift (8 hours) round the clock during commissioning process.

4.18 Availability of machineries and equipment with accessories required for battery

commissioning activities. Also in case of breakdown of any equipment

contingency/spare/standby equipment should be available so that commissioning

process is not effected.

4.19 Pouring of Acid in GLT and preparation of Electrolyte in reactor and storage

capacity as per required quantity to meet battery commissioning schedule.

4.20 Firm to Carry out laboratory tests for Acid, DM water and Electrolyte for their

qualities at NABL approved laboratory. Firm to certified the Test report by OEM for

each batch.

4.21 Transfer of electrolyte from storage tanks to dry cells after obtaining satisfactory

test results from lab. Same needs to be approved by OEM/ IN before pouring.

4.22 Checking and operational availability of DM water cooling system, chilled water

cooling system, fume extraction system and air agitation system prior to

commencement of battery commissioning work.

4.23 Contractor cannot sub contract the commissioning activity or any associated

activity to any other vendor.

4.24 Charging and discharging of batteries as per procedure promulgated in

manufacturer’s manual/ commissioning schedules or as advised during the

commissioning process by OEM/IN/MDL.


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4.25 Watch-keeping and checking all the parameters (density, temperature, agitation,

electrolyte level, voltage of each cell and group voltage etc.) round the clock

during charging and discharging as specified in technical manual and also as per

the instructions issued during the commissioning process by OEM/IN/MDLalong

with updation of log books on hourly basis.

4.26 Preparation and logging of parameters in Log Books (both soft copy and hard

copy).

4.27 Hydrogen Evolution Test to be performed during the Commissioning process as

specified in manufacturer’s manual (calibrated equipment required for hydrogen

evolution test has to be arranged by vendor) as per guideline of OEM.

4.28 Conducting the Capacity test of each group to analyze capacity of the batteries.

4.29 De-linking of cells, thorough cleaning, including accessories and preservation till

transportation onboard in operational condition and post commissioning inspection

of cells.

4.30 Firm to undertake any alteration/addition/repetition of any activity recommended

by OEM/IN/MDL during course of commissioning process to achieve results

without any additional cost.

4.31 Firm to arrange OEM M/s Exide rep. for complete supervision of commissioning

activity so that the warranty/guaranty by OEM remains intact as per IN contract.

4.32 Electrolyte level adjustment as per OEM recommendation. Firm to carry out the density correction of batteries whenever required during commissioning and maintain records of same.

4.33 Safe loading and transportation of the commissioned batteries without spillage of

electrolyte to MDL/ ND (MB)/MBPT. Wooden boxes, tarpaulins & securing

arrangements to be made by firm for safe transportation of the commissioned

batteries. Firm to transport all the commissioned (532) cells to MDL which

comprise of 528 on-board cells and 4 in nos. spare cells. Spare cells are to be

transported to IN premises (BCF, Sewri)/OEM M/S Exide thereafter. (Trailer and

hydra to be arranged by vendor).

4.34 Safe unloading of commissioned batteries at MDL with own arranged Crane. Firm

to carryout hook rail fixing activity at MDL, Firm to arrange adequate hook rail

stands and Hook rails fixing Hardwares (Allen Screw as per sample) for fixing of

hooks rails at bottom of commissioned batteries and pallet platform for resting of at

least 60 in nos. commissioned cells with hook rails. Firm to arrange hydra, Hook


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rail stands and pallets. Dedicated space will be provided for Hook rail fitment

activity.

4.35 Work progress status to be reported to MDL and IN in both soft and hard copies

on daily basis.

4.36 Firm should obtain necessary permissions and clearance from concerned

Government Depts. to carry out battery commissioning, dry cells & commissioned

batteries.

4.37 Firm to carry out the commissioning of cells in not more than 4 batches. (One

batch comprises of 132 to 135 cells). Firm to keep sufficient no of battery

accessories/ spares like Agitation plug and level indicator etc as redundancy of

OEM M/s Exide Make only.

4.38 Firm to storage and maintain batteries as per OEM maintenance schedule in his

premises if there is any delay in on board battery embarkation.

4.39 Commissioning of batteries at firm place and Hook Rail activity at MDL may overlap during the course of activity. Firm shall depute manpower and should be in a position to carry out the both the activities simultaneously.

4.40 Firm to do commissioning of 532 in nos. cells at his Battery commissioning facility along with collection of Dry cells from IN premises and delivery of commissioned cells at MDL and thereafter fixing of Hook rails on site as per the Submarine Battery loading schedule.

4.41 All the material/accessories mentioned in para 4 are to be arrange by firm at their own cost accept those material/accessories mentioned in para 3.

5. Work Completion Certificate (WCC) will be certified within ten working days after

completion of activity as applicable, by the executive of the rank not less than Chief

Manager of the MDL/IN subject to satisfactory work completion by IN to their full

satisfaction.

6. General Requirements

6.1 Subcontractor has to deploy technically qualified and experienced manpower for

execution of work onsite per shift. Failure to meet the battery commissioning

schedule by not deploying the required no. of qualified & relevant experienced

personnel deems to cancellation of contract without notice period. Vendor should

also note that non-compliance of procedural process and or adopting short cut

which is affects the quality of work will also deem to cancellation of contract

without notice period. Records of attendance onsite shall be maintained by

subcontractor & shall be duly authorized by MDL executive on daily basis.


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6.2 Subcontractor to note that all required process for battery commissioning such as

loading & unloading of cells from transport, de-crating of cells using appropriate

own insulated tools/ tackles, physical, visual & cold checks of battery cells,

arrangement & alignment of battery cells in the racks as per MDL desired

sequence, Marking of cells, fitment of copper links, assembling and fixing of

operational plugs, cooling/agitation pipelines & level indicators, manual pouring of

sulphuric acid in tank, cleaning of electrolyte tanks & interconnected accessories,

preparation of electrolyte, flushing of the pouring lines, pouring/ removal of

electrolytes in battery cells (as and when required), attending various faults whilst

watch keeping of battery parameters, top up of electrolytes during watch keeping,

delinking of battery cells, removal of vent plugs, cooling pipes & level indicators,

cable link & interconnected activities, altering movement & cleaning of battery

cells, weighing inspection, safe loading on transport and defect free delivery at

MDL/ IN designated places are his prime responsibilities. No operator shall be

allowed to work at site without requisite personnel protective equipment.

6.3 Further, sufficient no of 500/250 ml Glass sterilized bottles for collection of

samples of acid/ electrolyte/ DM water & HDPE jugs and HDPE tanks of suitable

capacity for topping up of cells are required to be made available by the

subcontractor before commencement of commissioning activity.

6.4 The subcontractor should have capable experts in the team who can analyze the

behavior of battery during commissioning. The team should have the decision

making and prompt action capability based upon OEM recommendation and

battery parameters during commissioning.

6.5 Subcontractor will have to mobilize resources within 15 days’ from the date of

intimation and ensure that appropriate tooling/ instruments with valid certification

to be made available before 30 days from date of start of commissioning schedule

as informed by MDL/IN. Parallel, subcontractor can submit the list of operators

along with their qualification, professional experience certificate.

6.6 Battery Commissioning schedule will be promulgated to the firm, however firm to

anticipate changes/postponement depending upon readiness/availability of

platform without any change in cost implication as per MDL/IN.

7. Tentative Plan/ Delivery Schedule for Battery commissioning:

7.1 Commencement of Battery Commissioning Activities : 01.11.2020

7.2 Completion of Battery Commissioning Activities : 28.02.2021


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8. Contract Validity Period: As per delivery schedule.

9. Parallel Contract: No

10. LD Clause: Activity-wise schedule of battery commissioning shall be finalized after

placement of Order in coordination with subcontractor, OEM, IN and MDL. If there is any

delay in the mutually agreed overall commissioning schedule due to subcontractor’s

negligence/ failure, LD will be applicable on pro-rata basis.

11. Expected Activity-wise:

Sr.

Description of work Qty. Unit

1 Loading and transportation of batteries from Ghatkopar Store/Naval Dockyard to Vendor facility.

532 Nos.

2 Unloading, Decrating, cold checks weighing inspection of battery cells.

532 Nos.

3

Acid & Electrolyte preparation for type batteries. Acid handing, DM water preparation, Electrolyte preparation, pouring of electrolyte, linking of cells , application of petroleum jelly, installation of cells accessories and all inter connected activities (Set 1-4) one set Comprise of 132 to 135 cells approx. including supply of acid & usage of inter cell connectors & hardware with test equipment as per scope of work such as Exide lifting yokes, testing of acid, DM water and Electrolyte.

4 Sets

4

Battery charging & Discharging of Type II Batteries as per OEM manual and Vendor facility with all equipment and MSEB power and stand by power supply &carrying out capacity test, Hydrogen Evolution test with the test equipment as per scope of work including the Exide spares as Bulge arrestor, agitation nipple Screws Hook rails. Watch keeping, troubleshooting &noting requisite parameters at regular interval and allied activities like post commissioning activity & inspection inclusive of generation records in Excel sheet. De linking removal & cleaning of each cell accessories and all interlinked activities for Sets 1 to 4. (One set comprise of 132 to 135 cells approx.). The entire activity to be carried out at vendor facility along with material &manpower & items services enlisted in scope of work.

4 Sets

5

Loading duly commissioned battery cells on transport. Fixing of Hook rails before embarkation at MDL/ND(MB)from vendor factory and delivery to designated places at MDL/ND(MB) (Set1 -4) One set comprises of 132 to 135 cells approx.

4 Sets

6 If required Storage and maintenance of commissioned battery in group (132 to 135 cells) at firm places on daily basis after two weeks from the end commissioning (per group).

120 Days


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Note: Above indicated completion periods are tentatively defined & activity completion

may take less/ more time. In case of more time than expected for completion with

minimum manpower, bidders may have to deploy the additional manpower to

adhere to schedules without additional cost at short notice. Minimum manpower

requirement & tentative period of completion is evaluated considering

commissioning of 532 cells in parallel with watch keeping batteries. Total time

required for the entire battery commissioning is expected to be 110-120 days.


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List of Measuring Instruments and Tools (Annexure 1)

Enclosure: 02

Sr. No. Instrument description Make as Recommended by OEM

Qty

1 Digital density meter- DMA-35/ Equivalent Anton Parr 02

2 Digital Multimeter-179/True RMS 287/289 Fluke 03

3 Digital Megger, 500 Volt Fluke/ Megger 02

4 Digital weighing machine -1000kg Type- Electronic balance

……………… 02

5 Air flow meter ………………… 02

6 Hydrometer ………………… 05

7 Oximeter Technovatiion 02

8 Gas Flow Meter Toshniwal 02

9 Mercury Thermometer ………………… 05

10 Manual Pump for removal of electrolyte from ………………… 05

11 Decrating machine (Battery operated or 230 V ………………… 02

12 5 Ltr jar polypropylene Clear and having good chemical resistance with raised graduations

………………… 04

13 Small soft brush for cleaning battery top ………………… 10

14 01 Ltr HDPE sterilized bottles for collection samples of Acid/Electrolyte/DM water

………………… 48

15 Calico/ Galley Cloth ………………… 200

16 Petroleum jelly ………………… 30

17 Cooling Plastic pipe (As per sample) ………………… 800

18 Agitation Plastic Pipe ID 6 mm (As per ………………… 400

19 Portable Hydrogen analyzer ………………… 02

20 Portable Oxygen analyzer 02

21 Hydrogen Evolution kit 01

22 Insulated Tools As per requirement

23 Washing Soda


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RATE SHEET FOR MRLC BATTERY COMMISSIONING

Sr. Description of work Qty. Unit Unit

Rate Total Cost

10 Loading and transportation of batteries from Ghatkopar Store/Naval Dockyard to Vendor facility.

532 Nos

20 Unloading, Decrating, cold checks weighing inspection of battery cells.

532 Nos

30

Acid & Electrolyte preparation for type batteries. Acid handing, DM water preparation, Electrolyte preparation, pouring of electrolyte, linking of cells , application of petroleum jelly, installation of cells accessories and all inter connected activities (Set 1-4) one set Comprise of 132 to 135 cells approx. including supply of acid & usage of inter cell connectors & hardware with test equipment as per scope of work such as Exide lifting yokes, testing of acid, DM water and Electrolyte.

4 Set

40

Battery charging & Discharging of Type II Batteries as per OEM manual and Vendor facility with all equipment and MSEB power and stand by power supply &carrying out capacity test, Hydrogen Evolution test with the test equipment as per scope of work including the Exide spares as Bulge arrestor, agitation nipple Screws Hook rails. Watch keeping, troubleshooting &noting requisite parameters at regular interval and allied activities like post commissioning activity & inspection inclusive of generation records in Excel sheet. De linking removal & cleaning of each cell accessories and all interlinked activities for Sets 1 to 4. (One set comprise of 132 to 135 cells approx.). The entire activity to be carried out at vendor facility along with material &manpower & items services enlisted in scope of work.

4 Set

50

Loading duly commissioned battery cells on transport. Fixing of Hook rails before embarkation at MDL/ND(MB)from vendor factory and delivery to designated places at MDL/ND(MB) (Set1 -4) One set comprises of 132 to 135 cells approx.

4 Set

60

If required Storage and maintenance of commissioned battery in group (132 to 135 cells) at firm places on daily basis after two weeks from the end commissioning (per group).

120 Days

The bidder hereby confirms to have quoted the unit rates and total item wise values only in the columns for

delivery in MDL Mumbai East Yard stores excluding GST and taxes. Rate of GST and taxes applicable

shall be indicated separately in terms of percentage of quoted basic price.


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Note: The Prices indicated in the Price Bid shall be exclusive of Taxes. Rate of all the taxes applicable are

separately indicated against each head as above.

Name: …………………………………. Designation:

Date: ……………… Bidders Company seal:

Taxes & Duties

Tax head Rate applicable

Percentage of total Amount

on which the tax is

applicable

1 GST

2 Any other Taxes/Duties

(Bidder to specify)


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Enclosure-3 TEF ACCEPTANCE FORMAT

To, ADDITIONAL GENERAL MANAGER (COMMERCIAL-EY) MAZAGON DOCK SHIPBUILDERS LIMITED

TENDER NO: EY/CD/DPM/MRLC/1200002238

TEF CLAUSE No.

BIDDER’S REMARK TEF

CLAUSE No.

BIDDER’S REMARK

TEF CLAUSE No.

BIDDER’S REMARK

ACC. / DEV ACC. / DEV

ACC. / DEV

1. ACC/DEV 2. ACC/DEV 3. ACC/DEV















46. ACC/DEV 47. ACC/DEV

COMPANY’S NAME & ADDRESS _: _____________________________ 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.


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5. Clause numbers shown in the above format also includes the sub-clauses under these clauses. For example Clause no. ‘3’ means – Clause nos. 3.1, 3.1.1, 3.1.2-------


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Enclosure–4

ACCEPTANCE FORM FOR GENERAL TERMS AND CONDITIONS



GT&C CLAUSE No.

BIDDER’S REMARK

GT&C CLAUSE No.

BIDDER’S REMARK

GT&C CLAUSE No.

BIDDER’S REMARK

ACC/DEV

ACC. / DEV ACC. / DEV

A10. ACC/DEV A20. ACC/DEV A30. ACC/DEV



A100 ACC/DEV A110. ACC/DEV A120. ACC/DEV


A160. ACC/DEV A170. ACC/DEV A180 ACC/DEV

A190. ACC/DEV A200. ACC/DEV

COMPANY’S NAME & ADDRESS__: _____________________________ 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 Taken for each clause number in the above table.

4. Bidder(s) to attach Separate Sheet indicating all relevant details such as Number & description of the Clause, Reasons for Deviation and Alternative suggested for any deviations taken by them.

5. Clause numbers shown in the above format also includes the sub-clauses under these clauses. For example Clause no. ‘8’ means – Clause nos.-8.1, 8.2, 8.3.


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GENERAL TERMS & CONDITIONS (GT&C) A10. BLANK A20. SECURITY DEPOSIT. A21. The successful bidder shall submit a Security Deposit @ 5 % of the contract / order value (excluding taxes, duties, freight, service component) of the Order in the form of NEFT in the prescribed format in favour of Purchaser within 25 days from date of Contract. The Security Deposit will be returned only after the successful execution of the order / contract. Refund of Security Deposit whenever considered admissible by the Purchaser, shall be without interest only. A30. FORFEITURE OF EMD / BID BOND. A31. In cases of withdrawal of bid during validity period or during any extension granted thereof, non acceptance of agreed conditions of Technical and or Commercial and or Price Negotiations, non-submission of the security deposit and / or non-acceptance of the order the EMD or bid security will be forfeited or encashed as the case may be. A40. FORFEITURE OF SECURITY DEPOSIT. A41. Non-performance of agreed terms and or default/breach by Bidder/Supplier/Contractor will result in forfeiture of security deposit with application of risk purchase provisions as felt appropriate by the Purchaser. A50. FORFEITURE OF PERFORMANCE GUARANTEE A51. In the event of Bidder/Supplier/Contractor failure to attend the Guarantee defects within a reasonable period of time, the Performance Bank Guarantee will be encashed by the Purchaser. The Purchaser’s decision shall be final and binding on Bidder/Supplier/Contractor in this regard. A60. SUPPLIES A61. The equipment / products / items / Services to be supplied shall be strictly in accordance with the Drawings / Specifications / Requirements indicated in the Tender Enquiry / Order with deviations, if any, as mutually accepted A70. PROGRESS REPORTING & MONITORING A71. Where so stipulated in the order, the Bidder / Supplier / Contractor shall render such reports from time to time as regards the progress of the contract and in such a form as may be called for by the Purchaser A80. CANCELLATION OF ORDER A81. The Purchaser reserves the right to cancel an order forthwith without any financial implications on either side, if on completion of 50% of the scheduled delivery/Completion period the progress of manufacture/Supply is not to the satisfaction of Purchaser and failure on the part of the Bidder/Supplier/Contractor to comply with the delivery schedule is inevitable. In such an event the Bidder/Supplier/Contractor shall repay all the advances


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together with interest at prevailing bank rates from the date of receipt of such advances till date of repayment. The title of any property delivered to Purchaser will be reverted to the Bidder/Supplier/Contractor at his cost. A82. In case of breach / non-compliance of any of the agreed terms & conditions of order / contract. MDL reserves the right to recover consequential damages from the Supplier / contractor on account of such premature termination of contract. A83. In case of delay beyond agreed period for liquidated damages or 10weeks from contractual delivery period whichever is earlier, MDL reserves the right to cancel the order and procure the order items / services from any available source at MDL’s option & discretion and entirely at your risk and cost. Extra expenditure incurred by MDL in doing will be recoverable from Bidder/Supplier/Contractor A90. # PRESERVATION AND MAINTENANCE

A91. Should any material require any l preservation till its final installation/fitment, the detailed procedure (Long term & short term) for the same as also the time of interval after which the state of preservation needs to be reviewed is to be stated by the Bidder/Supplier/Contractor A92. Further the de-preservation prior to the material/equipment being commissioned and the maintenance procedure together with its periodicity is also to be indicated by the Bidder / 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 also give assurance that the equipment performance will not be downgraded by use of indigenous equivalents A100. FREIGHT AND INSURANCE. A101. For Indigenous Bidders. In cases where the offers are for ‘Door Delivery to Purchaser,’ transit freight & Insurance charges shall be borne by the Bidder / Supplier / Contractor. In other agreed cases of Ex-works / Ex-Transporter’s warehouse or Railway godown offers, the Bidder / Supplier / Contractor on dispatch, shall give details of materials with dispatch particulars and their value in time to Purchaser’s Insurance Company on the contact details as provided in the order. In such agreed cases, the freight & insurance charges will be paid by the purchaser directly to the parties concerned. A102. For Foreign Bidders. For overseas supplies on CIF basis.Freight & Insurance up to port destination (Sea/Air) shall be arranged by the supplier/Contractor. The Bidder / Supplier / Contractor shall immediately on 31hould31z of the items, inform all relevant details of 31hould31z such as Order number, Bill of Lading/AWB number marked as Freight paid,Insurance policy/documents, number of packages, value of consignment, invoice number in time directly to Purchaser’s Insurance Company & Purchaser in time. In cases, the freight & insurance charges will be paid by the purchaser directly to the parties concerned. A110. TAXES & DUTIES / STATUTORY LEVIES.


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A111. Taxes and duties applicable, if any, shall be regularized by MDL by issuing necessary exemption certificates in respect of procurement for Defence Projects. Bidder shall indicate separately the taxes and duties applicable in their offer. When the items qualify for exemption partly/fully but the supplier did not avail of the same, the amount of taxes and duties on such supplies shall be to supplier’s account. In cases where exemption certificates are not issued for any reason, taxes shall be paid as indicated in the Purchase Order/Contract. Tax deduction at source will be effected wherever applicable (e.g. TDS under Income tax Act, TDS on Works Contract under MVAT Act etc.) from the bills of the Supplier as per statutes. Octroi duty exemption certificate issued by Customer’s representative will be provided on Supplier’s written intimation with relevant details regarding readiness of items for dispatch. Where payment of Octroi duty is agreed to and stipulated in the Purchase Order / Contract, the same will be reimbursed by Purchaser at actual after receipt of Supplier’s bills along with ‘Original Octroi paid money receipt’ and copy of Form ‘B’. Octroi receipts are to be drawn/issued in the name of ‘Mazagon Dock Shipbuilders Limited’ only. Similarly where payment of Custom duty is agreed to and stipulated in the Purchase Order / Contract, the same will be paid by the Purchaser on receipt of supplier’s bills along with Custom Certified Duty Paid Challan-Money Receipt in original or carbon copy as relevant. These Challans/ Receipts, Bill of Entry are to be drawn/ issued in the name of ‘Mazagon Dock Shipbuilders Limited’ only. Where payment of VAT is agreed to and stipulated in the Purchase Order / Contract, the same will be paid by the Purchaser. On the basis of Suppliers’ TAX INVOICE wherein the VAT TIN Number and declaration in accordance with the provisions of Maharashtra Value Added Tax Act, 2002, is indicated in the Invoice and where payment of Central Sales Tax (CST) is agreed to, the Supplier will be paid CST on the basis of the Invoice indicating particulars of his CST Registration Number and such Invoice should also indicate the VAT TIN Number and CST Number of the Purchaser. Where Central Excise Duty is agreed to be paid by the Purchaser in the Purchase Order/Contract, the Suppliers will be paid Excise Duty claimed in the Invoice on the basis of Central Excise Invoice issued as per Rule 11 indicating the ECC/Excise Registration number to be enclosed along with Commercial Invoice/Tax Invoice. In the case of payment of Service Tax agreed to as per purchase order/contract, the same will be paid on the basis of Tax Invoice indicating the Service Tax Registration number and the category of service for which the contractor/Vendor is registered with the Service Tax Department. A copy of the Service Tax Registration certification will be submitted by the contractor/Vendor as a onetime requirement in support of the Registration number indicated in the Invoices. Based on requirement, the Vendor/contractor may be called upon to produce evidence of validity of the Service Tax Registration at any point of time during the currency of the contract. A112. Stamp Duty (Applicable only for the Work Contracts): It shall be incumbent on the successful tenderer to pay Stamp duty on the contract. As per the provision made in article 63, Schedule-I, read with section 30, of the Maharashtra Stamp Act (Bombay Act LX of 1958), Stamp duty is payable by the successful tenderer for “works contract” that is to say, a contract for works and labour or services involving transfer of property in goods (whether as goods or in some other form) in its executions and includes a sub-contract, as under:

Contract Value Stamp Duty 1. Where the amount or

value said forth in work contract does not exceed Rs. 10 Lakhs.

Rs. 500.00

c. Where it exceeds rupees 10 Lakhs Rs. 500.00 +1% of the amount


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above ten lakhs subject to maximum of Rs. 25 lakhs.

A120. DEMURRAGE A121. Storage and Demurrage charges will be payable by the Bidder / Supplier / Contractor for all shipments that reach purchaser without proper 33hould33z documentations, Lorry Receipts not accompanied by packing lists, invoices etc. The Supplier shall be responsible for fines due to errors or omissions in description, weight or measurements and for increased handling charges due to improper packing. A130. # INSPECTION, TESTING.

A131. The ordered items will be inspected either by Classification Society / Nominated Agency and or by Inspection Executive nominated by Purchaser at stages defined in the tender / Purchase Order or as agreed to be defined subsequently in terms of the Purchase Order. A132 The decision of the Inspecting Authority or their representatives, as the case may be, on any question of the intent, meaning and the scope of Specifications / Standards shall be final, conclusive and binding on the Bidder/ Supplier / Contractor A133. The Bidder / Supplier / Contractor shall accord all facilities to Purchaser’s Inspectors / Nominated Agency to carry out Inspection / Testing during course of manufacture / final testing. A140. RECEIPT INSPECTION BY MDL. A141. MDL shall carry out necessary inspection of the items on receipt, on the basis of an appropriate quality assurance system and inspection system requirements along with representative of the Owner. Any objection raised by MDL Quality Control Team against quality of materials or workmanship shall be satisfactorily corrected by the Contractor at his expense including replacement as may be required within shortest possible time within 30 days. Items damaged during transit shall also be rectified/replaced by the Contractor within shortest possible time, payment for which shall be made at mutually agreed rates. 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’s Stores, all incidental charges being borne by him (inclusive of Custom duty, if payable), within 30 days from the date of intimation to the Bidder / Supplier / Contractor of such rejection. The Purchaser reserves the right to dispose off the rejected items at the end of a total period of 90 days in any manner to the best advantage to the Purchaser and recover storage charges and any consequential damages, from sale proceeds of such disposal. A160. # TECHNOLOGICAL DEVELOPMENTS / MODIFICATIONS


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A161. The Bidder / Supplier / Contractor shall unconditionally and free of cost to the Purchaser transfer information on technological developments / innovations / modifications which the Bidder / Supplier / Contractor would evolve in future (within 3 years) in relation to the supplied equipment. To enable this, the Purchaser’s address shall be added to the Bidder / Supplier / Contractor ‘s mailing list or database or any other document maintained for dissemination of product information and the Purchaser shall be informed of the action taken in this regard. If such improvements / modifications are brought in by the Bidder / Supplier / Contractor’s Design Department in the course of manufacture of equipment ordered by the Purchaser, the Bidder / Supplier / Contractor shall incorporate such improved versions in the equipment without any extra cost to the Purchaser under Purchaser’s prior consent. A162. If the Purchaser be desirous of getting incorporated all post supply modifications / improvements arising out of technological developments to the original equipment supplied by the Bidder / Supplier / Contractor, the Bidder / Supplier / Contractor, shall quote for and carry out all such modifications to the equipment. A163. Where the whole or a portion of the equipment has been specifically developed by the Bidder / Supplier / Contractor for the Owner and the latter would through the Purchaser be bearing the entire or part of the development cost incurred by the Bidder / Supplier / Contractor, the design rights for the whole or portion thereof, of the equipment as appropriate, shall vest in the Owners. A164. Prior approval of the Owner should be obtained before similar articles are sold / supplied to any other party other than the Owner. If such approval is given and sale is effected, the Bidder / Supplier / Contractor shall pay to the Owner royalty at the rate mutually agreed to. A165. The Sub-contractor / Supplier / Supplier shall continue to support the equipment for a minimum period of 20 years from the date of supply by making available spare parts and assemblies of the equipment supplied. Should the Sub-contractor / Supplier / Supplier decides to discontinue the product, for any reason whatsoever, adequate notice shall be given to the Purchaser / Owner to enable procurement of the requisite lifetime spares A170 PURCHASER’S RIGHT TO ACCEPT ANY BID, PART OF BID AND TO REJECT ANY OR ALL BIDS. 171. The Purchaser reserves the right to accept and or reject any or all tenders and or to withdraw the tender in toto and or award the contract / order in full or part to more than one Supplier / contractor without assigning any reason whatsoever and without thereby incurring any liability to the affected Bidder or Bidders or any obligations to inform the affected Bidder or Bidders of the grounds for MDL action. A180. # BANK GUARANTEE / INSURANCE COVER FOR FREE ISSUE MATERIAL A181. The Bidder / Supplier / Contractor shall furnish Bank Guarantee / insurance Cover equivalent to the value of materials supplied by MDL free of cost valid up to the execution of the contract / delivery of material, inspected / accepted and receipt at MDL together with the material reconciliation statement whichever is later.


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A190 BIDDER’S RESPONSE IN CASE OF NO PARTICIPATION A191 The Sub-contractor / Supplier / Supplier shall inform the Purchaser in advance in case he is unable to participate in the tender for whatsoever reason. Failure to comply with this will be viewed seriously and consecutive three failures on the part of Sub-contractor / Supplier / Supplier to do so is liable for disqualification / debarring of the Sub-contractor / Supplier / Supplier from all future tender enquiries and or delisting from the list of ‘Approved Registered Suppliers. A200. # FACILITY PROVISION (Applicable only for Services) A201. The Purchaser would consider providing facilities like – compressed air at one point, 35hould35 facility for handling heavy loads for lowering onto the ship and water intended for use by the Contractor / Bidder for execution of contract for working within the Purchaser’s premises at no extra cost to the Contractor / Bidder. Industrial gases, electrical power, office space / RU store facility may be provided at one point only if possible and available and on chargeable basis if so desired by the Contractor / Bidder. The contractor / Bidder shall make his own arrangements for fixing necessary fittings,wires, welding machines, transformer, etc for power, connecting lines, storage etc for water and necessary fittings, pipes, breaker, hoses etc for compressed air.


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Enclosure-5

STACS ACCEPTANCE FORMAT


TENDER NO: EY/CD/DPM/MRLC/1200002238.

STACS CLAUSE No.

BIDDER’S REMARK

STACS CLAUSE No.

BIDDER’S REMARK

STACS CLAUSE No.

BIDDER’S REMARK

ACC/DEV

ACC/DEV

ACC/DEV

101 ACC/DEV 102 ACC/DEV 103 ACC/DEV










450 ACC/DEV COMPANY’S NAME & ADDRESS__: _____________________________ 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. 1 This format should be properly filled, signed and returned by the bidder(s)

alongwith their technical offer for considering their Bid. 2 Bidder(s) should indicate “ACC” for Accepted, “DEV” for Deviation Taken for each

clause number in the above table. 3 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. STACS clause numbers shown in the above format also includes the sub-clauses under these clauses. For example ‘6’ means – clause nos. 6.1, 6.2.


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STANDARD TERMS AND CONDITIONS (STACS) 101 The word ‘Purchaser’ refers to MAZAGON DOCK LIMITED, (MDL), a Company registered under the Indian Companies Act, 1913 and it includes its successors or assignees. 102 The word ‘Contractor / Bidder’ means the person / firm / Company who undertakes to manufacture and/or supply and/or undertake work of any nature assigned by the Purchaser from time to time and includes its successors or assignees. 103 The word ‘Owner’ means the person or authority with whom Mazagon Dock Limited (Purchaser) has contracted to carry out work in relation to which orders are placed by the Purchaser on the Sub-contractor / Supplier / Supplier under this contract for supply or manufacture of certain items and would include Department of Defence Production, Ministry of Defence, Government of India, the Indian Navy, the Coast Guard and any other specified authority. 120 GENERAL 121. UNLESS OTHERWISE INDICATED SPECIFICALLY BY THE BIDDER / CONTRACTOR IN HIS BID, IT SHALL BE CONSTRUED AS HIS ACCEPTANCE OF ALL THE CONDITIONS MENTIONED IN THIS STACS. 200 COMMUNICATION & LANGUAGE FOR DOCUMENTATION

201. Any letter, facsimile message, e-mail intimation or notice sent to the Contractor / Bidder at the last known address mentioned in the offer / order shall be deemed to be valid communication for the purpose of the order/contract. Unless stated otherwise by the purchaser, Language for communication & all documentation shall be same that the Purchaser has used in the tender enquiry 210. PURCHASER’S PROPERTY. 211. All property (such as materials, drawings, documents etc) issued by the Purchaser or any other individual or firm on behalf of the Purchaser in connection with the contract shall remain confidential, being the property of the Purchaser and the Bidder / Contractor shall undertake to return all such property so issued and will be responsible for any or all loss thereof and damage thereto resulting from whatever causes and shall reimburse the Purchaser the full amount of loss and damage 212. On completion of work in any compartment / location, the contractor must ensure that the place is left in a reasonably clean state and all scrap/Rubble/Debris/refuse is transferred to nearby scrap/Garbage/refuse bins. 213. The Purchaser would provide on demand the requisite material to be supplied as per the Contract. On completion / execution of the contract a reconciliation statement detailing quantity of material issued, quantity used for the contract, scrap generated, quantity returned to Stores and certificate regarding protection of Intellectual Property Rights will have to be submitted along with certified Invoice/s before payment/s are effected. Any excess consumption of material on account of wastage / damage, re – work not attributable to Purchaser will be suitably recovered from the Bidder / Contractor. 220. RISK PURCHASE 221. If the equipment / article / service or any portion thereof be not delivered / performed by the scheduled delivery date / period, any stoppage or discontinuation of ordered supply / awarded contract without written consent by Purchaser or not meeting the required quality standards the Purchaser shall be at liberty, without prejudice to the right of the Purchaser to recover


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Liquidated Damages / penalty as provided for in these conditions or to any other remedy for breach of contract, to terminate the contract either wholly or to the extent of such default. Amounts advanced or part thereof corresponding to the undelivered supply shall be recoverable from the Contractor / Bidder at the prevailing bank rate of interest. 222. The Purchaser shall also be at liberty to purchase, manufacture or supply from stock or 38hould38 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. 230. RECOVERY-ADJUSTMENT PROVISIONS: 231. Payment made under one order shall not be assigned or adjusted to any other order except to the extent agreed upon in writing by the Purchaser. During the currency of the contract, if any sum of money is payable by the Bidder / Contractor the same shall be deducted from any sum then due or thereafter may become due to the Bidder / Contractor under the contract or any other contract with the Purchaser 240. ADDITIONAL BANK GUARANTEE 241. In case after opening of price bid of technically cleared firms, it is noted that L-1 firm has quoted very low rates and indicates to withdraw from the tender then EMD shall be forfeited and firm may be given tender holiday including intimation to other PSUs. If the rates quoted are less than MDL estimates by 40% or so and if the difference in rate between L1 and L2 is 30% or more then the firm will have to give additional BG of 20% of the PO value as additional security. Bank charges for this additional BG shall be borne by MDL and reimbursed against proof of payment. 250. INDEMNIFICATION 251. The Contractor / Bidder, his employees, licencees, agents or Sub-Supplier / Subcontractor, while on site of the Purchaser for the purpose of this contract, indemnifies the Purchaser against direct damage and/ or injury to the property and/or the person of the Purchaser or that of Purchaser’s employees, agents, Sub-Contractors / Suppliers occurring and to the extent caused by the negligence of the Contractor / Bidder, his employees, licencees, agents or Sub-contractor by making good such damages to the property, or compensating personal injury and the total liability for such damages or injury shall be as mutually discussed and agreed to. 260 TRANSFER OF SUPPLIER’S / CONTRACTOR’S RIGHTS: 261. The Contractor / Bidder shall not either wholly or partly sell, transfer, assign or otherwise dispose of the rights, liabilities and obligations under the contract between him and the Purchaser without prior consent of the Purchaser in writing 270 SUBCONTRACT & RIGHT OF PURCHASER

271. The Contractor / Bidder shall under no circumstances undertake or subcontract any work / contract from or to any other Sub-contractor without prior written approval of the Competent Authority of Purchaser. In the event it is found that such practice has been indulged in, the contract is liable to be terminated without notice and the Contractor / Bidder is debarred all from future tender enquiries / work orders. However in no circumstances a contractor is permitted to subcontract any part of the contract to the bidders who had quoted for the concerned tender. 280. PATENTRIGHTS.


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281. The Contractor / Bidder shall hold harmless and keep the Purchaser indemnified against all claims arising as a result of infringement of any patent / copy rights on account of manufacture, sale or use of articles covered by the order. 290. Agents / Agency Commission: 291. The seller confirms and declares to the buyer that the seller is the original manufacturer or authorized distributor/stockiest of original manufacturer of the stores referred to in this contract and has not engaged any individual or firm, whether Indian or foreign whatsoever, to intercede, facilitate or in any way to recommended to the Buyer or any of its functionaries, whether officially or unofficially , to the award of the Contract / Purchase order to the Seller; nor has any amount been paid, promised or intended to be paid to any such individual or firm in respect of any such intercession, facilitation or recommendation. The Seller agrees that if it is established at any time to the satisfaction of the Buyer that the present declaration is in any way incorrect or if at a later stage it is discovered by the Buyer that the Seller has engaged any such individual/firm, and paid or intended to pay any amount, gift, reward , fees, commission or consideration to such person, party, firm or institution , whether before or after the signing of this Contract / Purchase order, the Seller will be liable to refund that amount to the Buyer. The seller will also be debarred from participation in any RFQ/Tender for new projects/program with Buyer for a minimum period of five years. The buyer will also have a right to consider cancellation of the Contract either wholly or in part, without any entitlement or compensation to the Seller who shall in such event be liable to refund all payments made by the buyer in terms of the Contract along with interest at the rate of 2% per annum above LIBOR (London Inter Bank Offer Rate) (for foreign vendors) and base rate of SBI plus 2% (for Indian Vendors). The Buyer will also have the right to recover any such amount from any contracts concluded earlier with Buyer. 300. USE OF UNDUE INFLUENCE / CORRUPT PRACTICES:

301. The Contractor / Bidder undertakes that he has not given, offered or promised to give, directly or indirectly any gift, consideration, reward, commission, fees, brokerage or inducement to any person in service of the Purchaser or otherwise in procuring the contract or forbearing to do or for having done or forborne to do any act in relation to the obtaining or execution of the Contract with the Purchaser for showing or forbearing to show favour or 39hould39z to any person in relation to the Contract or any other Contract with the Purchaser. Any breach of the aforesaid undertaking by the Contractor / Bidder or any one employed by him or acting on his behalf (whether with or without the knowledge of the Contractor / Bidder) or the commission of any offence by the Contractor / Bidder or any one employed by him or acting on his behalf, as defined in Chapter IX of the Indian Penal Code, 1980 or the Prevention of Corruption Act, 1947 or any other Act enacted for the prevention of corruption shall entitle the Purchaser to cancel the contract and all or any other contracts with the Contractor / Bidder and recover from the Contractor / Bidder the amount of any loss arising from such cancellation. A decision of the Purchaser or his nominee to the effect that a breach of the undertaking has been committed shall be final and binding on the Contractor / Bidder. 302. The Contractor / Bidder shall not offer or agree to give any person in the employment of Purchaser any gift or consideration of any kind as “Inducement” or “reward” for doing or forbearing to do or for having done or forborne to do any act in relation to the obtaining or execution of the contract/s. Any breach of the aforesaid condition by the Contractor / Bidder or any one employed by them or acting on their behalf (whether with or without the knowledge of the Contractor / Bidder) or the commission of any offence by the Contractor / Bidder or by any one employed by them or acting on their behalf which shall be punishable under the Indian Penal Code 1980 or the Prevention of Corruption by Public Servants, shall entitle Purchaser to cancel the contract/s and all or any other contracts and then to recover from the Contractor / Bidder the amounts of any loss arising from such contracts’


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cancellation, including but not limited to imposition of penal damages, forfeiture of Security Deposit, encashment of the Bank Guarantee and refund of the amounts paid by the Purchaser. 303 In case, it is found to the satisfaction of the Purchaser that the Contractor / Bidder has engaged an Agent or paid commission or influenced any person to obtain the contract as described in clauses relating to Agents / Agency Commission and use of undue Influence, the Contractor / Bidder, on a specific request of the Purchaser shall provide necessary information / inspection of the relevant financial documents / information. 310. IMMUNITY OF GOVERNMENT OF INDIA. (APPLICABLE ONLY FOR ORDERS / CONTRACTS WITH USA / OTHER FOREIGN COMPANIES 311. It is expressly understood and agreed by and between M/s. (Contractor / Bidder / Supplier) and Mazagon Dock Limited, Dockyard Road, Mumbai – 400 010 (MDL), is entering into this Agreement solely on its own behalf and not on the behalf of any person or entity. In particular, it is expressly understood and agreed that the Government of India is not a party to this Agreement and has no liabilities, obligations or rights hereunder. It is expressly understood and agreed that MDL is an independent legal entity with power and authority to enter into contracts solely in its own behalf under the applicable of Laws of India and general principles of Contract Law. The (Contractor / Bidder) expressly agrees, acknowledges and understands that MDL is not an agent, representative or delegate of the Government of India. It is further understood and agreed that the Government of India is not and shall not be liable for any acts, omissions and commissions, breaches or other wrongs arising out of the contract. Accordingly, (Contractor / Bidder) hereby expressly waives, releases and foregoes any and all actions or claims, including cross claims, impleader claims or counter claims against the Government of India arising out of this contract and covenants not to sue Government of India in any manner, claim, cause of action or thing whatsoever arising of or under this Agreement. 320. EXPORT LICENCE 321. The export licenses that may be required for delivery of the various items / equipment / services to MDL shall be arranged by the bidder from the concerned authorities in their country without any time & cost implications on the Purchaser. 330. BANNED OR DE-LISTED CONTRACTORS / FIRMS / SUPPLIERS. 331. The bidders declares that they being Proprietors / Directors / Partners have not been any time individually or collectively blacklisted or banned or de-listed by any Government or quasi Government agencies or PSUs. If a bidder’ entities as stated above have been blacklisted or banned or de-listed by any Government or quasi Government agencies or PSUs, this fact must be clearly stated and it may not necessarily be a cause for disqualifying him. 340. DUTY OF PERSONNEL OF SUPPLIER / SUPPLIER 341. MDL being a Defence Organization, Contractor / Bidder undertakes that their personnel deployed in connection with the entrusted work will not indulge in any activities other than the duties assigned to them. 350. ARBITRATION

351. Any dispute / differences between the parties arising out of and in connection with the contract shall be settled amicably by mutual negotiations. Unresolved disputes/ differences, if any, shall be settled by Arbitration and the arbitration proceedings shall be conducted at Mumbai (India) in English language, under the Indian Arbitration and Conciliation Act, 1996. MDL may prefer to have arbitration through Institutes such as Indian Council of Arbitration (ICA)/Indian Merchant Chambers (IMC), in which case appointment of separate arbitrator by both sides and then appointment of third arbitrator will not be required.352. In case of


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unresolved difference / dispute between Purchaser and Supplier, being a Public Sector Enterprise, shall be referred by either party to the Department of Public Enterprises, as per extant guidelines. (Any changes to arbitration clause must be vetted by CS & LE Deptt before incorporation in contract/PO). 360. JURISDICTION OF COURTS 361. All contracts shall be deemed to have been wholly made in Mumbai and all claims there under are payable in Mumbai City and it is the distinct condition of the order that no suit or action for the purpose of enforcing any claim in respect of the order shall be instituted in any Court other than that situated in Mumbai City, Maharashtra State, India i.e. courts in Mumbai shall alone have jurisdiction to decide upon any dispute arising out of or in respect of the contract. 370. CONTRACT LABOUR (REGULATION & ABOLITION) ACT 1970 371. Contractor / Bidder shall obtain licence under Section 12 and 13 of the Contract Labour (Regulation & Abolition) Act, 1970 and rules made there under and the same should be kept valid at least until the expiry of contract with Purchaser. The registration and Licence under the Contract Labour (Regulation and Abolition) Act 1970 shall be renewed in time every year and if work continues for more than a year, a copy of the Licence is produced as and when demanded by the concerned authorities of Purchaser. 372. The Contractor / Bidder shall carryout his obligations and duties under the Contract Labour (Regulation & Abolition) Act, 1970 and the rules framed there under, but not limited to :-

1. Pay in time, on or before 7th of every succeeding month not less than the prescribed minimum wages (as stipulated under item V (a) or V (b) of the Form VI prescribed Under Rule (25) 1 of the Act as applicable.

2. Disburse Wages in respect of workers working on Purchaser’s jobs inside the

premises under the supervision of nominated representative of the Purchaser. Iii Production of Wage / Attendance Register along with E. S. I. & P. F. Statements to Corporate Personnel Department (from 8th to 15th of every succeeding month) for verification of the same as required under the Contract Labour (Regulation and Abolition) Act 1970. iv. Forwarding to the respective Divisional Personnel Department a list of deductions and contributions duly effected from the salary / wages on Contract Labour engaged on Purchaser’s jobs in respect of Employees’ Provident Fund, Employees’ Family Pension Fund and Employees’ State Insurance Scheme, with reasons for non-deduction, if any, duly clarified by passing suitable remarks against the name of concerned employee on the list. v. Comply with all the statutory regulations and requirements concerned with employment of contract labour on Purchaser’s jobs and shall follow all orders / decisions of the Government in this respect. Contractor / Bidder shall furnish all the statutory half yearly returns / six monthly statements concerning with such contract labour to the Licensing Executive in Form No. XXIV as per Rule 82 (1) of Contract Labour (Regulation & Abolition) Act 1970 and also forward a copy of these with necessary statistical information of manpower employed to the Corporate Personnel Department. 373. In the event any employee/s of Contractor / Bidder is advised by the concerned Department to deploy their employees for job during weekly-off, Sundays and holidays, the Contractor / Bidder must inform through Concerned Department the name/s of the employee/s in the prescribed format to CISF / Security and to the concerned Divisional Personnel by mentioning specifically ‘Compensatory – Off’, before 3 days from the date actual payment.


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380. MINIMUM WAGES ACT 381. The Contractor / Bidder shall pay to his employees not less than the minimum wages and allowances applicable to the Engineering Industry as notified from time to time by the State Government under the Minimum Wages Act. Contractor / Bidder shall be responsible for timely payment of wages of all his employees engaged in the Purchaser’s Yard, not less than the prescribed minimum wages in each case and without any deductions of any kind, except as specified by Government or permissible under the Payment of Wages Act. 382. The Contractor / Bidder must settle all the pending dues of the employees i.e. arrears of wages, proportionate leave wages, proportionate bonus payment, etc. 383. Before winding up the site, the Contractor / Bidder shall pay all terminal dues to his employees such as Notice pay, Gratuity, Retrenchment compensation, etc. 390. Bonus Act 391. The Contractor / Bidder shall pay to his eligible employees a Statutory Bonus as per ‘Payment of Bonus Act’ at the rate prescribed by the Statutory Authorities from time to time. 400. Factories Act 401. The Contractor / Bidder shall observe all applicable Rules and Regulations stipulated under Factories Act applicable to contract labour. 402. The Contractor / Bidder shall maintain a separate register prescribed under the Act and pay Privilege Leave wages to all eligible employees. 403. On completion of execution of the contract and before winding up, the Contractor / Bidder shall pay proportionate Privilege Leave wages to all eligible employees. 410. Employees’ Provident Funds and Miscellaneous Provisions Act, 1952 411. The Contractor / Bidder, where applicable, shall cover his employees deployed in the Purchaser’s Yard i. under the Employees’ Provident Funds and Miscellaneous Act, 1952, ii. under the Family Pension Scheme, and

3. under the Employees’ Deposit Linked Insurance Scheme and pay the contributions both in respect of his employees and his own. He shall submit all the necessary returns and other particulars periodically as prescribed under the said Act. Contractor / Bidder shall cover from the first day working all his contract labour on MDL jobs by filling requisite returns to concerned Statutory authorities and obtaining Code Numbers / Account Numbers. Contractor / Bidder shall remit employees’ and employers’ contributions directly to the concerned authorities along with Inspection and Administrative Charges as per relevant

provisions of the concerned Acts and Schemes made there under within 15 days from the close of every month. The Contractor / Bidder must submit copies of P. F. dues payment challans, copy of Form No. 12 (A), copy of form No. 6 (A) (Annually) & copies of Muster Roll of their workmen every month to Corporate Personnel Department before renewal of passes for entry into the yard. The Contractor / Bidder must also attend to P. F. Inspections by concerned authorities and submit copy of the Inspection Report. 412. The Contractor / Bidder through his own P. F. code number shall fill in P. F. / Pension settlement forms of all the employees engaged in Purchaser’s Yard, well in advance of last working day and forwards the said settlement forms to the respective P. F. Commissioner’s office for settlement. Contractors who are yet to obtain PF code shall apply for Code no s to PF Commissioners Office & furnish copies of the same to Corporate Personnel Department. Purchaser shall recover PF dues from the contractors running bills till such time the PF Code no is obtained.


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413. The Contractor / Bidder may contact Corporate Personnel Department for the purpose to seek any / all clarification / necessary advice for completion of procedural work such as filling labour challans, E. S. I., P. F. – declaration forms, covering their labour under Group Insurance Policy, etc. An Administrative charge @ Rs. 10/- per employee per month for such consultancy will be recovered from all the contractors from the bills of the respective contracts 420. Employees’ State Insurance Act 421. The Contractor / Bidder should also cover all the eligible contract labourers working on MDL jobs, under the Employees’ State Insurance Act and Scheme by furnishing necessary returns to appropriate authority and pay both employees’ and employers’ contributions in respect of these employees to the concerned authorities within 20 days from the close of every month. The contractor shall produce copy of R. D. F. duly acknowledged by ESI local office for confirmation that the workmen are covered under ESI Act and Scheme. 422. Contractor / Bidder should produce proof of such remittances to Corporate Personnel Department of MDL along with full details of contributions etc. within 25 days from the close of month. He shall also give an undertaking that he will not engage any one on our work who is not duly covered under the said Act & Scheme. The contract employees who are out of coverage of ESI Act & Scheme should be covered under Group Insurance Policy linked with workman compensation Act. Those Bidders / contractors do not have their ESI Code No.; they should submit documentary evidence of application for obtaining ESI Code no to Corporate Personnel Department. 430. SAFETY: 431. The Contractor / Bidder must observe all safety precautions in connection with the work to be performed by him, his agents or labourers. In the event of any accident happening in our yard resulting in loss of lives or otherwise damaging any part of the property, the contractor shall be required to make good the loss to the Company and shall be responsible for all consequences that follow from the loss and / or injuries to the persons involved in such accidents. The standard of safety to be observed in the Company shall be decided by the Executive-in-Charge Safety, or any Executive appointed for the purpose before the commencement of work in the yard. It will be essential for contractor to ascertain the standard precautions which contractor is required to observe in discharging his work as per the standards prevalent in MDL. The decision of MDL in matters concerning Safety shall be final and binding on the contractor. 432. The Contractor / Bidder shall be required to provide his workmen with Boiler Suits of any suitable colour other than blue or white, with the Name of the Contractor in prominent letters on the boiler suits along with personal protection gears like safety shoes, hand gloves etc. workmen of the Contractor / Bidder must wear throughout their working while in the premises of MDL. Contractor’s workmen working without safety gears are likely to be disallowed for work. 440. POLICE VERIFICATION OF EMPLOYEES 441. Contractor / Bidder shall have to produce and submit to the Chief Security Executive of Purchaser, verification through Mumbai Police of Character and Antecedents of their employees / workers for while working on ships under construction in Purchaser’s Yards, for working onboard ships under 43hould43zation / refit / repairs at Mumbai Ports / Naval Dockyard. Entry passes will not be issued in the absence of Police Verification Report and employees without Police Verification shall not be employed by them in Purchaser’s Yard / Mumbai Ports / Naval Dockyard and any lapse on the part of Contractor / Bidder shall be viewed seriously as per applicable laws of the land. Employment of any Foreign National during the contract period would be permitted with prior permission of Purchaser. 450


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451. The Purchaser may extend the delivery schedule as mutually agreed, on receipt of written communication from the Contractor / Bidder regarding occurrence of ‘Force Majeure’ conditions, but not exceeding six months from the scheduled delivery date. If the ‘Force Majeure’ conditions extend beyond this period, the Purchaser shall have the right to cancel the order without any financial implication to the Purchaser or on terms mutually agreed to.


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Enclosure-6

RANKING OF BIDS / LOADING CRITERIA FOR NORMALISING THE PRICE BIDS

1. The bidder shall quote the rates excluding the taxes & duties.

2. Applicable taxes/duties and the rates shall be separately indicated by the bidder in Rate Sheet.

3. It is desirable that the bidder accepts the Payment Terms indicated in this tender. Varied payment terms

quoted by bidders as compared to the terms stated in the Tender document shall be normalized by

adopting the SBI PLR rate plus 2% (in case of indigenous bidder) and LIBOR / EURIBOR rates plus 2% or

6% whichever is higher (in case of foreign bidders) thereon on the amount (s) at variation and / or for the

period (in no. of days) at variation.

4. If the requirement of advance payment is absolutely unavoidable for bidder, then it will be allowed against

a Bank Guarantee of equivalent amount with sufficient validity period. The quantum of advance will not

be more than 15% of order value. Interest will be applicable at the SBAR plus 2% in case of Indigenous

bidders & LIBOR / EURIBOR rates plus 2% or 6% whichever is higher in case of foreign bidders and

applicable SBAR / LIBOR / EURIBOR rates will be indicated separately at that time. The offer of bidder

will be loaded at this rate for the period of recovery, which will be decided after bid opening. If the bidder

seeks advance payment at a lower rate of interest than the rate specified above, then only differential

amount of interest shall be loaded on the quoted price.

5. For additional delivery period sought by bidder over the stipulated date of delivery/completion of tender,

0.50% per completed week may be loaded to the quoted price.

6. Deviation sought in respect of rate per week and/or maximum ceiling in respect of Liquidated Damages

shall be loaded on the quoted price. For e.g., the maximum ceiling towards L.D. stipulated in tender is 5%

and bidder seeks to limit it to say 3.5%, then price quoted will be loaded by 1.5%. If rate of L.D. per week

in tender is 0.5% per week or part thereof and bidder seeks it as, say, 0.40% per week or part thereof, the

maximum ceiling on L.D. as per tender will be equated to weeks (10 weeks in this case) and rate proposed

by bidder, i.e. 0.4% will be multiplied by the so equated maximum period (which works to 4%) and the

quoted price will be loaded accordingly by 1%. Delivery, being the essence of the contract, it is desirable

for the bidders to adhere to the stipulated clause.

LOADING FACTORS FOR RANKING OF BIDS (ILLUSTRATIVFORMAT)

A.

Sr.No. Description Foreign

Supplier 100%

import content

Indigenous

Supplier with

part import

content

Indigenous

Supplier without

import content

1. Basic price Quoted a) FOB/FCA

b) CIP

a) Ex Works

b) Delivered to MDL stores

a) Ex Works

b) Delivered to MDL Stores

2.

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

3. Add Sea/Air Freight charges / Inland Road Transport

Incase of 1(a) In case of 1(a) In case of 1(a


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4. Customs Clearance / Port Handling / Transportation to

Yard/ Inland Insurance / LC

Opening Charges + 20 Days Interest on payment amount

In either case i.e. FOB/FCA or

CIP Price

NIL

NIL

5. Cost (ex-MDL) excluding taxes & duties without loading towards any deviations

Sr.Nos. (1+2+3+4) if FOB/FCA price quoted OR CIP

price + Sr.No.4

Sr.Nos. (1+2+3)

Sr.Nos. (1+2+3)

B. Loading due to variations in Financial Term.

6

Variation in payment Terms

7

Income Tax & Service Tax onTechnical Services / Service engineers liability to MDL.

8 Production Norms such as

Scrap %, output-input ratio

9 Base date for price variation Clause

10 Cost (ex-MDL) excluding taxes & duties after loading for variations in financial term.

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

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

11

Security Deposit / Contract

performance guarantee

12 Equipment Performance Guarantee

13 Additional delivery period over stipulated period as per Sought

14 Additional time sought for supplying binding data.

15 Liquidated damages per week rate / maximum ceiling

16 Warranty / Guarantee

17 Cost (ex-MDL) excluding taxes & duties after loading for variations on account of financial and commercial terms.

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

D. Landed Cost:

18 Taxes & Duties 19 Landed Cost Sr. Nos. 17 + 18

Note: 1. Evaluated Bid Value for the purpose of ranking and determination of L-1 Bid shall be

the value arrived at Sr.No.17 of the table above. 2. While the statutory levies are excluded while carrying out evaluation of Bids to

determine L1 Supplier pursuance of MOD ID No. 3(1)/2002/D(S II) dated 4.10.2006, it is clarified that the taxes & duties as applicable and not covered by exemption certificates, notifications from the Govt. of India are payable. The dealing Purchase Officer/PNC shall, however, endeavour that the price negotiated with the L1 bidder is competitive on landed cost basis also i.e. 19.

3. 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.


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4. Wherever exemption certificates can be issued by MDL., no separate liability for payment of taxes & duties will devolve upon MDL and not duty will be reimbursed

5. Supplier / contractor will not be entitled to any increase in rate of taxes occurring during the period of extended delivery completion schedule if there is delay in supplies / completion attributed to him. However if there is a decrease in taxes, the same must be passed on to MDL.

6. 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 variations in statutory levies arising subsequently since the base figures do not exist in the order/ contract.

It is clarified that Bank charges to be incurred for opening, amending LCs, Demand Drafts are excluded

while carrying out evaluation of Bids to determine L1 Supplier

------------------


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Enclosure-7

DEVIATION FORMAT

(Bidders to fill, sign, stamp and RETURN this form in PART- I bid)

To,

ADDITIONAL GENERAL MANAGER (COMMERCIAL-EY) MAZAGON DOCK SHIPBUILDERS LIMITED


Deviation Sr. No.

Page Sr. No. or Enclosure Reference of the Tender Enquiry

Clause Number for Which the Deviation is Sought

Brief Text Description of the Clause

Reasons for Deviation

Suggested Alternative

1.

2.

& so on…

COMPANY’S NAME & ADDRESS__:

_____________________________ SIGNATURE : DATE :

_____________________________ NAME : DESIGNATION :

____________________________ BIDDER’S COMPANY SEAL:

NOTE:-BIDDERS TO ALSO NOTE THAT DEVIATIONS TAKEN BY THEM IF ANY BUT NOT APPEARING OR LISTED IN THE FOLLOWING FORMAT OF THE DEVIATION SHEET AS SUBMITTED AS A PART OF THE TECHNICAL (PART-I) BID BUT LISTED ELSEWHERE WILL NOT BE CONSIDERED BY MDL.


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Enclosure-8 RTGS/NEFT – MANDATE AUTHORISATION FORM (ILLUSTRATIVE FORMAT)

1. BIDDER’S NAME :

2. PAN NO :

3. VENDOR ADDRESS :

4. VENDORS TELEPHONE :

5. EMAIL ADRESS :

6. BANK NAME :

7. BANK ADDRESS :

8. ACCOUNT NO :

9. ACCOUNT TYPE :

10. NEFT CODE :

11. RTGS CODE : 12. MICR CODE: : 13. GST Registration Number :

We hereby declared that the particulars given above are correct and complete. If the transaction is delayed for reason of incomplete or incorrect information , we would not hold MDL responsible .

Date:- Supplier Seal AUTHORISED SIGNATORY OF THE BIDDER

Certified that particulars as per serial no . 1 & 6 to 11 are correct as per our records BANK’S STAMP Date:- SIGNATURE OF THE AUTHORISED OFFICIAL OF THE BANK.


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Enclosure-9

NON DISCLOSURE AGREEMENT (NDA) (On Non-Judicial stamp paper of value Rs. 500/-)

THIS NON DISCLOSURE Agreement made at Mumbai, India on this _______ day of ______2014 between Mazagon Dock Shipbuilders 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 “ConfidentialInformation” shall mean any technical, confidential, proprietary or trade secret information or datadisclosed by the Disclosing Party in connection with the _____________________________ to theReceiving Party including without limitation any written or printed documents, specifications for the vessel,plans, general arrangement plans, production schedules, drawings, samples, models, informationregarding business operations, financial information, marketing strategies, either in writing or orally or anymeans of disclosing such Confidential Information that the Disclosing Party may elect to use prior to theexecution or during the validity of this Agreement. The Receiving Party agrees that all ConfidentialInformation shall be treated as absolute confidential and the Receiving Party shall not disclose to anyperson such information otherwise than in terms of this Agreement. The Receiving Party will impose asimilar duty of confidentiality on any person to whom the Receiving Party is permitted to transfer suchinformation 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 anyConfidential Information to the Receiving Party or to enter into any contractual relationships with theReceiving Party. 3. Any information or data in whatever form disclosed by the Disclosing Party to the Receiving Party andwhich (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 relevantterms and conditions of this Agreement. The Disclosing Party’s decision whether any informationdisclosed by it under this Agreement is confidential or not shall be final and binding on the ReceivingParty.


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4. The Receiving Party hereby covenants that the Confidential Information received from the DisclosingParty shall: (a) Be safely kept by the Receiving Party; the Receiving Party shall protect the ConfidentialInformation with the same degree of care as the Receiving Party uses with its own confidential informationin order to prevent its disclosure, copy and / or its use (but in no event less than reasonable care) forpurposes 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 suchinformation 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 copiesof the Confidential Information communicated to it hereunder together with all copies and extracts madethereof and shall not retain any copies of the same, in any form whatsoever. 6. The Receiving Party shall have no obligations or restrictions with respect to: (a) Information publicly known through no wrongful act of the Receiving Party. (b) Information rightfully disclosed by a third party without breach of this Agreement by the ReceivingParty and which can be communicated without restriction. (c) Information which was already known or which was independently developed by the ReceivingParty (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, copyrightor design license, or rights of use under similar intellectual property rights in respect of the ConfidentialInformation. 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 theReceiving Party: a) Disclosure of information by it to the Receiving Party does not infringe the rights of any third party noris it under any restriction with regard to the disclosure of any information, and that where applicable, it hasobtained all licenses and consents necessary to enable the lawful disclosure of information by it to theRecipient; and b) It is not aware of any restriction on the use of such information by the Receiving Party, save asprovided in this Agreement. c) To the effect that the foregoing representations and warranties shall be deemed to be given at thedate 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 noresponsibility in respect of the use of the information by the Receiving Party.


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10. The Receiving Party shall indemnify and hold harmless the Disclosing Party from and against anyaction, claim or proceeding and any loss, damage, costs, expenses or liabilities arising out of any suchaction, claim or proceeding, brought by any third party pursuant to any unauthorized disclosure or use ofany information by the Receiving Party, or by any person for whom the Receiving Party is responsibleunder this Agreement, or pursuant to any breach of any undertaking, warranty or representation containedin this Agreement. 11. For the purposes of this Agreement ‘Classified Information’ shall mean information, documents andmaterial of any kind which the respective Government i.e. Indian Government has given or caused to begiven a security classification irrespective of whether the same is transmitted orally, electronically, inwriting or by hand. Notwithstanding any other provision of this Agreement: a) Each Party hereto undertakes to follow security procedures prescribed for military purposes withrespect 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 disclosurebe, 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 byexpiration or otherwise of this Agreement. 12. In the event the Receiving Party is required to disclose Confidential Information under any provision oflaw or upon an action, subpoena or order of a court of competent jurisdiction or of any requirement oflegal process regulation or governmental order, decree, regulation or rule, the Receiving Party willimmediately notify the Disclosing Party of its having received a request to so disclose (alongwith the termsand circumstances thereof), unless otherwise prohibited by law and consult with the Disclosing Party onaction 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 ofthe Confidential Information and shall not be waived, amended or assigned by the Receiving Party exceptby 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 ofany right, power or privilege. The rights and remedies herein provided shall be cumulative and notexclusive of any rights or remedies provided by law. 14. This Agreement shall be valid for a period of __________(______) years from the date of itsexecution between the parties. Notwithstanding the aforesaid, the obligations of Parties in connectionwith confidentiality under this Agreement shall survive in perpetuity. 15. The foregoing constitutes the entire Agreement between the Parties with respect to the subject matterhereof and supersedes and cancels any prior representation, understanding and commitment (whetheroral and written) made between the Parties with respect to or in connection with any of the matter ofthings 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 thisAgreement 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 Agreementmay cause the Disclosing Party irreparable damage for which recovery of money damages would beinadequate. Therefore, the Receiving Party agrees that the Disclosing Party shall be entitled, in addition toany other remedies available to it, to seek injunctive relief and/or


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other equitable relief to prevent orrestrain 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 thisAgreement shall be given in writing and may be sent by personal delivery or post or courier or facsimile atthe 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, oneday after being deposited with the courier, and if sent by facsimile, when sent (on receipt of a confirmationto the correct facsimile number). IN WITNESS WHEREOF, this Agreement is executed by authorized representatives of both the Parties intwo (2) originals. Signed by the within named Signed by the within namedMDL ______________________ ______________ _____________________ In the presence of In the presence of


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Enclosure-10

VENDOR DECLARATION & CONFIRMATORY MATRIX


We have very well understood the scope of work given in the tender and confirm

herewith that our quoted price/rates are inline with the above scope of work.

We also discussed and understood the scope of work with Planning dept- East yard.

Confirmatory Matrix

Sr.No. Confirmation Statement Yes/No

1. Bidder confirms that they have quoted as per requirement considering heavy fabrication for Submarine work

2. Bidders confirm that they will collect the relevant drawings from MDL( if required) after submission of Non Disclosure Agreement.

3. Bidder shall confirms that they will abide all statutory labour laws including minimum wage act.

COMPANY’S NAME & ADDRESS:

SIGNATURE : DATE :

NAME :

DESIGNATION :

BIDDER’S COMPANYSEAL :


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Enclosure-11

PROFORMA BANK GUARANTEE FOR PERFORMANCE

(ILLUSTRATIVE FORMAT)

(On Non-Judicial stamp paper of value Rs. 500/-)

IN CONSIDERATION OF MAZAGON DOCK SHIPBUILDERS LIMITED a company incorporated under the

Companies Act 1956 and having its registered office at Dockyard Road, Mumbai 400010 (hereinafter referred

to as the “the Purchaser” which expression shall, unless it be repugnant or contrary to the subject or context

thereof, be deemed to mean and include its successors and assigns) having placed an order on Messers

............................ a partnership f i rm/sole pr opr i e t or bus ines s /a c omp an y regi s t ered under the

Companies Act, 1956 having its Registered office at ...............................(hereinafter called the Contractor/

Supplier which expression shall, unless it be repugnant or contrary to the subject or context thereof, be

deemed to mean and include its successors and assigns) vide order No....................... dated..............

(hereinafter c a l l e d “ the or der ” which e x p r e s s i o n s h a l l i n c l u d e a n y amendments/alterations

to “the order” issued by “the Purchaser”) for the supply, delivery at site, installation and commissioning of

certain equipment, item/services/civil works etc. as stated in the said Order and the Purchaser having agreed

that the Contractor / Supplier shall furnish a security for the performance of the Contractor’s / Supplier's

obligations and/or discharge of the Contractor’s / Supplier's liability in connection with the said order and the

Purchaser having agreed with the Contractor/Supplier to accept a performance guarantee, We,

………………………………………………………………………….Bank having office at

............................................ (hereinafter referred to as "the Bank" which expression shall include its

successors and assigns) hereby agree to pay to the Purchaser without any demur on first demand an amount

not exceeding Rs........... (Rupees.............................only) being 10% of the order value against any loss or

damage, costs, charges and expenses caused to or suffered by the Purchaser by reason of non-performance

and non-fulfillment or for any breach on the part of the Contractor / Supplier of any of the terms and conditions

of the said order.

2. We, ............................. Bank further agree that the Purchaser shall be sole judge whether the said

Contractor/Supplier ha s failed to perform or fulfill the said order in terms thereof or committed breach of any

terms and conditions of the order and the extent of loss, damage, cost, charges and expenses suffered or

incurred or would be suffered or incurred by the Purchaser on account thereof and we waive in the favour of

the Purchaser all the rights and defences to which we as guarantors may be entitled to.

3. We, ................................. Bank further agree that the amount demanded by the Purchaser as such shall be

final and binding on the Bank as to the Bank 's liability to pay and the amount demanded and the Bank

undertake to pay the Purchaser the amount so demanded on first demand and without any demur

notwithstanding any dispute raised by the Contractor/Supplier or any suit or other legal proceedings including

arbitration pending before any court, tribunal or arbitrator relating thereto, our liability under this guarantee

being absolute and unconditional.

4. We, .................................. Bank further agree with the Purchaser that the Purchaser shall have the fullest

liberty without our consent and without affecting in any manner our obligations hereunder to vary any of the

terms and conditions of the said order/or to extend time of performance by the Supplier from time to time or to

postpone for any time to time any of the powers exercisable by the Purchaser against the Contractor/ Supplier


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and to forbear to enforce any of the terms and conditions relating to the order and we shall not be relieved

from our liability by reason of any such variation or extension being granted to the Contractor/ Supplier or for

any forbearance, act or omission on the part of the Purchaser or any indulgence by the Purchaser to the

Contractor/Supplier or by any such matter or things whatsoever which under the law relating to sureties would

have the effect of relieving us.

5. We, ........................................ Bank further undertake not to revoke this guarantee during its currency

except with the previous consent of the Purchaser in writing.

6. We, ......................................... Bank also agree that the Bank’s liability under this guarantee shall not be

affected by any change in the constitution of the Contractor / Supplier or

dissolution………………………………………………

7. Notwithstanding anything contained herein above:

i) Our liability under this guarantee shall not exceed Rs..........

ii) This Bank Guarantee shall be valid upto and including .......; and

iii) We are liable to pay the guarantee amount or any part thereof under this Bank Guarantee only and only if

you serve upon us a written claim or demand on or before ……… (Validity + ---weeks from the date of expiry

of this guarantee).

8. This Guarantee shall be governed by Indian laws and the Courts at Mumbai, India shall have

the exclusive jurisdiction.

IN WITNESS WHEREOF the Bank has executed this document on this ............................. Day

of.. .. . .. ... . . .. . .. . . ... .. . . .

For ........................ Bank

(By its constituted attorney)

(Signature of a person authorized to sign on behalf "the

Bank")

NOTE:

MDL Bank SWIFT A/c.No.is SBININBB101 for submission of BG through SWIFT.


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Enclosure-12

LIST OF TECHNICAL & COMMERCICAL DOCUMENTS TO BE SUBMITTED:

1. Valid Registration Certificate issued by MDL (if any). 2. Last 3 Years (2016-17,2017-18, 2018-2019 ) Turnover in Tender Format excluding cash

transaction, Balance Sheet & Profit & Loss Statement. 3. Scope of work Compliance. 4. TEF Compliance. 5. GT&C Compliance. 6. STAC Compliance. 7. Deviation sheet dually sealed & stamped. 8. Purchase Orders (Work Order copies and Work Completion Certificates in support of

clause 8.3.5). 9. NDA as per MDL format. 10. Official Secret Act as per MDL format. 11. Bidders Company Profile, Shop Establishment Certificate, MSME Certificate, GST

registration certificate/ Valid Tax Registration Certificate and PAN card. 12. Blank Rate Sheet. 13. List of equipment & machineries held by bidder with model, year and working status

along with details of their manufacturing facilities and personnel with designation, qualification and experience to determine bidder’s capabilities.

14. Bank Details. NOTE: Bidders must submit above documents along with bid.


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Enclosure–14

PROFORMA BANK GUARANTEE FOR FREE ISSUE MATERIAL (ILLUSTRATIVE FORMAT)

(On Non-Judicial stamp paper of value Rs. 500/-) IN CONSIDERATION OF MAZAGON DOCK SHIPBUILDERS LIMITED, a company incorporated under the Companies Act 1956 and having its registered office at Dockyard Road, Mumbai 400010 (hereinafter referred to as the “the Company” which expression shall, unless it be repugnant or contrary to the subject or context thereof, be deemed to mean and include its successors and assigns) having placed an order on Messers ............................ a partnership firm/sole proprietor business/a company registered under the Companies Act, 1956 having its office at ...............................(hereinafter called " the Contractor/ Supplier" which expression shall, unless it be repugnant or contrary to the subject or context thereof, be deemed to mean and include its successors and assigns) vide order no..................dated.............. (hereinafter called "the order" which expression shall include any amendments/alterations to "the order" issued by "the Purchaser") which, inter alia, provides for the issuance of materials such as MS/AL Sheets, Steel, Component etc free of cost to the Contractor/ Supplier for Galvanising, heat treatment, Fabrication, Fitment etc. on returnable basis subject to furnishing a Bank Guarantee equivalent to the value of materials supplied by the Contractor / Supplier to the Company, We, ..................... ....................... Bank having office at ............................................ (hereinafter referred to as "the Bank" which expression shall includes its successors and assigns) hereby agree to pay to the Company without any demur on first demand an amount not exceeding Rs........... (Rupees.............................only) against any loss or damage, costs, charges and expenses caused to or suffered by the Company by reason of non performance and non-fulfillment or for any breach on the part of the Contractor / Supplier of any of the terms and conditions of the said order. 2. We, ............................. Bank further agree that the Purchaser shall be sole judge whether the said Contractor/Supplier has failed to perform or fulfill the said order in terms thereof or omitted breach of any terms and conditions of the order and the extent of loss, damage, cost, charges and expenses suffered or incurred or would be suffered or incurred by the Company on account thereof and we waive in the favour of the Purchaser all the rights and defences to which we as guarantors may be entitled to. 3. We, ................................. Bank further agree that the amount demanded by the Company as such shall be final and binding on the Bank as to the Bank 's liability to pay and the amount demanded and the Bank undertake to pay the Company the amount so demanded on first demand and without any demur notwithstanding any dispute raised by the Contractor/Supplier or any suit or other legal proceedings including arbitration pending before any court, tribunal or arbitrator relating thereto, our liability under this guarantee being absolute and unconditional. 4. We, .................................. Bank further agree with the Company that the Purchaser shall have the fullest liberty without our consent and without affecting in any manner our obligations hereunder to vary any of the terms and conditions of the said order/or to extend time of performance by the Company from time to time or to postpone for any time to time any of the powers exercisable by the Company against the Contractor/ Supplier and to forbear to enforce any of the terms and conditions relating to the order and we shall not be relieved from our liability by reason of any such variation or extension being granted to the Contractor/ Supplier or for any forbearance, act or omission on the part of the Company or


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any indulgence by the Company to the Contractor/Supplier or by any such matter or things whatsoever which under the law relating to sureties would have the effect of relieving us. 5. We, ........................................ Bank further undertake not to revoke this guarantee during its currency except with the previous consent of the Purchaser in writing. 6. We, ......................................... Bank also agree that the Bank’s liability under this guarantee shall not be affected by any change in the constitution of the Contractor / Supplier. 7. Notwithstanding anything contained herein above: i) Our liability under this guarantee shall not exceed Rs.......... ii) This Bank Guarantee shall be valid upto and including .......; and iii) We are liable to pay the guarantee amount or any part thereof under this Bank Guarantee only and only if you serve upon us a written claim or demand on or before ……….(validity + ---weeks from the date of expiry of this guarantee). 8. This Guarantee shall be governed by Indian laws and the Courts at Mumbai, India shall have the exclusive jurisdiction. IN WITNESS WHEREOF the Bank has executed this document on this............................. day of ........................... For........................Bank (by its constituted attorney) (Signature of a person authorized to sign on behalf of "the Bank") NOTE:-

MDL Bank SWIFT A/c.No.is SBININBB101 for submission of BG through SWIFT.

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Enclosure-15

EXTRACT OF PROVISIONS OF THE OFFICIAL SECRETS ACT, 1923

(On Non-Judicial stamp paper of value Rs. 500/-)

SECTION 2(B); “PROHIBITED PLACE”

It is defined as the place of any work of Defence Dockyard and other so belonging or occupied

and used for the purpose of building, repairing, making or storing any ammunitions of war.

For the purpose of the above definition, sketch includes any photograph or other mode of

representing any place or thing.

SECTION 3: “PENALTIES FOR SPYING”

If any person unlawfully –

a) approaches, inspects, passes over or is in the vicinity of any clear place; or

b) make any sketches intended to be directly or indirectly useful to an enemy ; or

c) Obtains collects records or communicates to any other person any secret official

code.

Shall be liable for imprisonment of 14 years in case of Defence Installation.

SECTION 4: “COMMUNICATION WITH FOREIGN AGENTS”

If any person has been in communication with or attempted to communicate with foreign agents

regarding the vital information of any “PROHIBITED PLACE” would be guilty of violating the

provisions of this Act.

SECTION 5: “WRONGFUL COMMUNICATION OF INFORMATION”

If any person having in his possession or control any official document;

a) Willfully communicates to any person, other than a person, who is authorised to

communicate it.

b) Used the information in his possession for the benefit of any foreign power.

c) Retain in his possession when he has no power to retain it

d) Fails to take reasonable care of it.

Shall be guilty of an offence under this Act.

SECTION 6: “UNAUTHORISED USE OF UNIFORMS”


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If any person for the purpose of gaining admission or of assisting any other person to gain

admission to a “PROHIBITED PLACE” wears uniforms without lawful authority shall be guilty of

offence under this Section.

SECTION 7: “INTERFERING WITH OFFICERS OF POLICE”

No person in the vicinity of any “PROHIBITED PLACE” shall abstract any Police Officer

engaged on guard, sentry or similar duty. If any people move in the provisions of this section,

shall be punishable with imprisonment, which may extend up to 3 years.

SECTION 8: “DUTY OF GIVING INFORMATION”

It shall be duty of every person to give on demand to a superintendent of Police or any other

Police Officer not below the rank of Inspector, any information in his power relating to an offence

under this Act. If any person fails to give such information, shall be punishable with

imprisonment to 3 years or fine or with both.

SECTION 9: “INCITEMENT”

Any person who attempts to commit or debate the commission of an offence under this Act shall

be punishable with the same punishment and be liable to be proceeded against in the same

manner as if he had committed such offence.

SECTION 10: “PENALTY FOR HARBOURING SPIES”

If any person whom he knows or has reasonable grounds for supposing to be person who is

about to commit or who has committed offence under this Act shall be guilty of offence under

this Section.

SECTION 11: “SEARCH WARRANTS”

If a presidency Magistrate, Magistrate First Class or Sub-Divisional magistrate is satisfied with

the information that there is reasonable ground for suspecting that an offence under this Act has

been or is about to be committed, he may grant search warrant to any Police Officer to enter at

any time any premises to force to search premises or the places.

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