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Tendernotice 1 PDF
Tendernotice 1 PDF
Corrigendum issued for Revised Tender Closing Date. Tender Opening Date, Revised
Pre-Qualification Criteria and Scope of Work
Modified Para:
Similar completed works of supply installation & commissioning of components
like servers, database, storage, and network and maintenance support of active
components of data centre.
2. Tender Para 4.1(vi): Replaced ‘The vendor bidding for the tender should have engineers
certified by the OEM for the items in the tender. Certification copy for the same is to be
provided with the tender bid. ‘
Modified para.
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Tender No: 3000000375 (EY-D for DC, NDR & DR)
3. 165-166, Sr no 9800(C): MDL has motadata network monitoring software tool & Nessus
Vulnerability testing tool. The bidder has to check the health of the network devices
using these tools and resolve the issues reported by the tools.
5. Page 88 Sr no 1700: Windows server license with 2 years SA are to be supplied with the
support from vendor till the contract period
6. Page 163 & 164 Sr no 9300 & 9400: Requirement is for BSNL/MTNL/Railtel link.
Payment will be at actual paid to BSNL/MTNL/Railtel or price quoted whichever low.
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Tender No: 3000000375 (EY-D for DC, NDR & DR)
निववदा र्च
ू िा (भाग २( / WEB TENDER ENQUIRY (Two Bid System)
E-Procurement Portal :- http://eprocuremdl.nic.in
माझगाांव डॉक शिपबिल्डर्स शिशमटे ड, मांिई द्वारा पात्र िोिीकतासओां र्े िीचे ददये गये वववरण के
अिर्ार एक िोिी वािणज्ायक नियम एवां ितो के र्ाथ तकनिकी िोिी और मूल्य िोिी के अांतगसत
ई पोटसि (http://eprocuremdl.nic.in )के माध्यम र्े िोशिया आमांबत्रत की जाती है |
2.2 To be able to participate in e-Tender (s), every bidder must register themselves on the ASP’s
website (registration is free of cost) & must possess a legally valid Class-IIB or above Digital
Signature Certificate (DSC) as per IT Act-2000, using which they can sign their electronic bids. The
DSC can be procured from any Certifying Authority (CA) authorized by Controller of Certifying
Authorities (CCA) of Govt. of India.
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Tender No: 3000000375 (EY-D for DC, NDR & DR)
2.3 National Informatics Centre (NIC) has been appointed as the Application Service Provider (ASP).
2.4 Assistance for Online Bidding only: In case of any difficulties during online submission of offer,
bidders are requested to contact the undersigned, before the closing date of the tender to Mr. Akshay
Vichare, 022-2376 3251, Mb No: 9022422364. Bidders can also contact toll-free customer help line
no 0120-4200462, 0120-4001002 of e-procurement portal http://eprocuremdl.nic.in
In case of any further problems / issues are being faced during online bidding on e-procurement
portal, maintained by NIC, you may contact to Mr. Vishal Katiyar, Manager, Ph No 022 23763248for
facilitating the addressal of your problem / issues.
Also, a Training program is arranged in MDL Premises on every working Fridays in one session
(1400 – 1600 hrs) for prospective/willing Bidders and those bidder should sent request email to
sushende@mazdock.com.
2.5 In case of improper/blank on-line filling of Acceptance Formats for Tender Enquiry Form,
General Terms & Conditions (GT&C) and Standard Terms & Conditions (STACS), it shall be
construed that all our tender terms & conditions are acceptable to you.
2.6 Online User Manual is available on the website for the guidance of bidders & for participating in
the e-Procurement/ e-Tendering, the bidder must ensure having the requisite (IT) infrastructure at
their office premises.
2.7 An unsigned PDF copy of this Tender Enquiry has been made available online & can be
downloaded from MDL website http://www.mazdock.com, on Central Public Procurement Portal
(CPPP) & on MDL’s e-Procurement Portal (http://eprocuremdl.nic.in).
2.8 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.
2.9 Bidders in their own interest are requested to upload their bids well in advance of tender closing
date to avoid the last minute difficulties in uploading the bids. Request for extension, if at all to be
made, shall be forwarded at least 3 working days in advance to the tender closing date / time with
proper reasoning. MDL reserves all rights in this regard & decision of MDL shall be binding to the
applicant. 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.
2.10 Bidders should login well in advance to enable them to complete their bid submission before
the closing time of the tender since the e-procurement system does not permit submission of any
offer after closing date and time of the e-tender. Bidders are also requested to submit their bid well
in advance to avoid last minute frantic calls.
2.11 All bidders are requested to get their technical queries, if any, clarified in advance (3 days in
advance to tender closing date) before bidding to avoid last minute delay.
For any technical clarification, bidders are requested to contact below-mentioned Executives of
MDL:
Mr. Amit Khanolkar, CM (EY-D)
Telephone: +91 22 2376 3581 / +91 22 2376 3611
E-mail ID: avkhanolkar@mazdock.com / psontakke@mazdock.com
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Tender No: 3000000375 (EY-D for DC, NDR & DR)
extend the Integrity Pact Bank Guarantee, as and when required by MDL. The format of Integrity
Pact Bank Guarantee (IPBG) is given at Annexure-13. Please note that the Bidders not agreeing
to accept Integrity Pact or submitting integrity pact with deviation in MDL format is criteria for
categorical rejection of the offer and no correspondence in this regard shall be entertained by
MDL after tender closing date. A scanned copy of the IPBG, strictly as per the format given at
Annexure-13 is to be uploaded along with the Part-I offer.
The original of the Integrity pact and the IPBG is to be submitted to MDL within 7 days of the
tender closing date.
For the successful bidder, validity of the Integrity Pact Bank Guarantee will be extended up to the
satisfactory completion of the contract whereas the Integrity Pact Bank Guarantee shall be returned
promptly in case of unsuccessful bidders.
3.3 The Bank Guarantee will be from an Indian Nationalized Bank/Scheduled Bank/ ICICI
Bank/ AXIS Bank/ HDFC Bank Ltd., excluding co-operative banks.
3.4 In case of successful bidder a clause will be incorporated in the Article pertaining to
Performance Bond in the Purchase Contract that the provisions of Sanctions for Violation shall
be applicable for forfeiture of Performance Bond in case of a decision by the Principal/Buyer to
forfeit the same without assigning any reason for imposing sanction for violation of the
Integrity Pact. MDL shall not be bound by any printed conditions or provisions in the sellers
bid forms or acknowledgement of contract, invoices, packing list and any other documents
which impose any conditions at variance with the tender terms/final negotiated & accepted
terms.
3.5 The nominated Independent External Monitor (IEM) will have power to access the entire
project document and examine any complaints received by him. The details of nominated IEM
from the panel of IEMs are as follows:
(i) RADM(Retd.) Samir Saran Lal, VSM, Email:samirslal@gmail.com, Mob: 7767802328
3.6 In case any bidder who is responding to MDL tender for more than one tender where Integrity
Pact (IP) and Integrity Pact Bank Guarantee (IPBG) is required to be given, instead of multiple
IPBG, one single IPBG to cover the range of all tenders can be considered. In such case, bidder
shall forward advance intimation with requisite details to CIT Department well in advance of
tender closing date. On receipt of such intimation, CIT Department shall revert with the value
of IPBG to be submitted by bidder. The period of such IP and IPBG shall be three years.
i. Bidders Company Profile and valid Shop & Establishment registration certificates.
ii. List of equipment held by them with model / year / working status along with details of
their manufacturing facilities and personnel with designation, qualification and experience
to determine their capabilities.
iii. Bidder’s average audited turnover during last 3 years ending 31st March 2018 should be at
least ` 225 lakhs/- (` 2.25Crores) of the service being tendered.
iv. Experience of having successfully completed similar works during last 7 years ending on
31st March of previous financial year to the one in which tenders are invited should be
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Tender No: 3000000375 (EY-D for DC, NDR & DR)
OR
vi. The Organization has to have experience in supporting all the quoted technologies and
should be an Authorized Partner with all of the important technology components as per
given in annexure-1. The key technologies being Oracle SPARC Servers, Solaris OS,
Oracle Database, EMC Storage, HP Storage, Intel x86 Servers, Cisco Routers/ Switches,
Sanovi DRM, Sophos, NetApp Storage, RHEL, EMC Data Domain & Networking software
etc. The organization should have Principal Trained and Certified resources in their
TEAM - who can extend support to the onsite deputed trained resources. SSI/NSIC units
can alternatively submit valid certificate indicating their capacity
Note 2: a) Sr. no i) and ii) above not required for permanent registered vendors.
b) If any cash transaction included in turnover (statement of profit & loss) the same will
not be considered for turnover value.
4.2 The bidders need to scan and upload supporting documentary evidence in support of the
Qualification Criteria viz Work order/s meeting above order value criteria for similar work along
with work completion certificate, issued by the party for whom the work is done. The Work Order/s
not supported by Work Done Certificate/s will not be considered for qualification criteria. In case of
orders consisting of various activities, only that portion of work order value meeting the similar
work criteria shall be considered for the purpose of pre-qualification. The concerned HOD or TNC
has a right to verify /cause verification of authenticity of the said document whenever felt necessary.
4.3 MDL has a right to verify/cross verification of authenticity of above related documents
whenever felt necessary including right to ask for all hard copies of bidders even registered with
Mazagon Dock Shipbuilders Limited for copy of valid registration certificate. Hard copies must be
submitted within stipulated time failing which offer shall be summarily rejected.
4.4 All the qualifying documents indicated in the tender shall be strictly in the name of bidding
firm. Qualifying documents submitted in the name of other than bidding firm will not be considered
for bidding firm’s qualification.
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Tender No: 3000000375 (EY-D for DC, NDR & DR)
4.5 The bidder is required to submit information in the form of the table below for the orders,
which qualify them as per the above criteria, as the information in the tabular form, as below shall
hasten the technical scrutiny.
.
..
Note: Bids received through Tender box will not be considered for processing and considered as
non-responsive. Only e-offers uploaded through e-portal will be taken as valid offers for
consideration and evaluation.
5.b Following bid rejection criteria may render the bids liable for Rejection:
i. Bidder’s failure to furnish sufficient or complete details for evaluation of the bids within the
given period for deficiencies noticed in the drawings / technical data which shall not
however conflict with validity period.
ii. Incomplete/misleading/ambiguous bids in the considered opinion of MDL.
iii. Bids received without/not meeting the pre-qualification criteria as per tender.
iv. Bids with technical requirements and or terms not acceptable to MDL.
v. In case of e-tenders, the original of the uploaded copy of EMD (DD/BG) if received after
seven days of the tender closing date
vi. Original of the Integrity pact and the IPBG if received after seven days of the tender closing
date.
vii. Bidders not agreeing for post-sale product support/post work completion support.
viii. Unreasonably longer delivery period quoted by the firm.
ix. Validity period indicated by bidders is shorter than that specified in the tender enquiry.
x. Bidders not agreeing to furnish required Security Deposit till completion of the Supplies/
services.
xi. Non-submission of authorization letter towards being dealer/ partner/distributor from OEM
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Tender No: 3000000375 (EY-D for DC, NDR & DR)
xii. Bidders not agreeing to furnish required NDA without any deviations on letterhead on
tender due date.
xiii. Bidders not agreeing to furnish original Hard copies for verification in relation to pre-
qualification criteria of the tender if felt necessary by MDL.
6.1) Indigenous bidders shall furnish EMD of Rs. 10,00,000/- (Ten Lakhs) in the form of DD/ NEFT /
Bank Guarantee drawn in favor of MAZAGON DOCK SHIPBUILDERS LIMITED. Foreign bidders shall
submit bid bond/SWIFT Message of equivalent foreign currency. The scanned image of DD / Pay
Order/BG/Bid bond / SWIFT Message shall be uploaded at Part-I tender stage.
6.2) In case of bid bond / Bank Guarantee, Financial instrument must be drawn on as per the list of
First Class banks approved by CPPC published on MDL website( Home TendersBills/EMD
status), payable at Mumbai & shall valid for 4 more weeks beyond the tender validity period.
6.3) Bidders can also make payment towards EMD electronically through NEFT / RTGS well before
Tender closing date and time for which Bank details are given below.
Bidders have to enter Vendor Name, Nature of Payment and Tender No. in Text / Narration Field
while making NEFT / RTGS payment to Mazagon Dock Shipbuilders Limited and a scanned copy of
payment made should be uploaded in Techno-commercial bid (Part-I) towards proof for submission
of EMD against this tender.
6.4) Bidders are requested to upload the scanned copy of DD/NEFT/Bank Guarantee online towards
EMD submission along with the bid. Bidders also requested to forward original financial instrument
super scribing Tender no & Tender date by speed post / Registered Post / Courier Service within 7
days from tender closing date on below address:
Mazagon Dock Shipbuilders Ltd.
PE(CIT-Commercial),
CIT Dept, IT Purchase Section,4th floor, Mazdock House,
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Tender No: 3000000375 (EY-D for DC, NDR & DR)
6.B) बर्ाना जमा प्रस्तुत करने से छूट | EXEMPTION FROM SUBMISSION OF EMD
7. दो बोली प्रणाली में प्रस्ताि प्रस्तुत करे | ONLINE SUBMISSION OF OFFER IN TWO BID SYSTEMS:
Offer must be submitted online on the MDL’s e-Procurement portal ‘http://eprocuremdl.nic.in’.
Bids must be in two parts, I.e. Part-I Techno-Commercial bid and Part-II Price Bid, as appearing
online.
Part- I: Online Techno-commercial bid will be opened on the tender closing date/extended
closing date shall contain the following: -
i. The scanned image of EMD-BG/ Online Remittance as stipulated in TEF clause no. 6
for EMD, shall be uploaded at Part-I tender stage. Also, scanned image of IP & IPBG
shall be uploaded at Part-I bid.
The original of the above of EMD-BG/ Online Remittance, IP & IPBG shall be
forwarded to HOD (CIT) in sealed envelope super scribing Tender Enquiry No. and
Due date, so as to reach within 7 MDL working Days from the tender closing date,
addressed To,
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Tender No: 3000000375 (EY-D for DC, NDR & DR)
PE(CIT-C)
4Th Floor, CIT , Mazdock Building,
MAZAGON DOCK SHIPBUILDERS LTD.
DOCKYARD ROAD,
MUMBAI- 400010.
ii. Bidder should also upload scanned copies of Tender Inquiry Acceptance Format,
General Terms & Condition acceptance format, Standard Terms & Condition
acceptance format in the Prescribed Formats attached herewith (Annexures 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. However, if the
bidder has any deviations, the same should be filled in above formats (Annexures 3,
4 & 5), mentioning the deviation against the relevant Tender clause no., failing which
it 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.
iii. Rate sheet (Annexure II), blanking the prices but clearly indicating ‘Quoted/ Not-
Quoted’ as applicable against each of the listed duly stamped & signed, should also
be uploaded.
iv. Bidders should upload scan Copies of work Orders, Work Completion Certificates,
and Performance reports for the job executed to meet the qualification requirement
mentioned at TEF Clause No. 4.2 above. (Order copies & work completion certificates
to be appended). Also documents pertaining TEF Clause No. 4.2 to be uploaded in
Part-I Bid.
vi. Bidder should upload scan copy of tax and duties certificate for which they are
registered. GST registration certificate shall be uploaded in Part-I bid.
vii. To meet the qualification requirement at TEF Clause No. 4.1, Bidder should upload
scan audited balance sheet with auditors reports of last three financial years (2015-
16, 2016-17 & 2017-18) are to be uploaded along with Part-I Techno-commercial e-
offer.
viii. Copies of valid Registration or Approval certificates (if any) of the following shall be
uploaded on-line:
Micro Enterprises.
Small Enterprises.
ISO Accreditation
ix. NDA without any deviations on letterhead as per prescribed format
x. Integrity pact bank guarantee (IPBG) within 7 days after tender closing date as
per prescribed format
7.2 In addition to the documents as indicated above, following documents shall be uploaded by
bidder:
7.2.1 Bidders registered with MDL should scanned and upload valid Registration
Certificate issued by MDL.
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Tender No: 3000000375 (EY-D for DC, NDR & DR)
7.2.2 Bidders not registered with MDL should scanned and upload the following
document: -
7.2.2.1 Bank details for payment as per Format annexure-8
(RTGS/NEFT) (available on MDL website)
7.2.2.2 Scanned image of PAN card shall be uploaded.
7.2.2.3 Company Profile, Shop & Establishment and Tax registration
certificate.
7.2.2.4 List of Equipment & machineries held by them
Note: Bidders in their own interest are requested to upload their bids well in advance of tender closing
date to avoid the last minute difficulties in uploading the bids.
Problems in hardware/software, internet connectivity, system configurations, Browser setting etc,
for whatsoever reason shall not be considered for extension of tender closing date and time.
Part- II: This should contain only the PRICES for each of the listed items strictly in the
prescribed format provided with the tender document. Price bid must be enclosed only in the
required format as appearing online.
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
entering the same online. Timely submission of the e-Bids is responsibility of the bidders and no
reasons / excuses in this regard will be entertained.
Note: In case of improper online filling of Acceptance Formats for TEF, GT&C and STACS, it will be
construed that all the terms and conditions of the Tender are acceptable to the Bidder.
The mobilization period will be for 7 days only. Contract will commence after the date of expiry of
mobilization period. Contract shall be valid up to 31.12.2021 for all the items as per annexure-1 & 2.
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Tender No: 3000000375 (EY-D for DC, NDR & DR)
(i). Primary Data Center: 5th Floor, Reclamation Building, East Yard-Design, Dockyard Road Mumbai
- 400010
(ii). Near DR: 4th Floor, SSA building, South side, Alcock Yard, Dockyard Mumbai - 400010
iii. WDC shall be prepared by the contractor for the completed activities and shall be certified by the
concerned OIC EY-D (not below the rank of Chief Manager) for each inspection stage of the
compartment/equipment. Payment shall be as per the quantities certified in WDC. The sample WDC
is enclosed at Annexure-15.
v.The WDC shall include cumulative statement of jobs carried out till last WDC. The necessary
service entry shall be made in SAP system by the WDC certifying authority & will be submitted to the
contractor for further invoicing. The WDC shall bear relevant Service Entry Sheet No., PO No. and
respective item Sr. No., sub service line item of the PO. WDC shall be submitted along with
supporting documents.
vi.The WDC must clearly mention the mutually agreed completion schedule and actual work done
schedule for start date & end date. In case of delays, the duration along with numbers of delayed
days shall be specified in respective. WDCs to invoke LD clause and effect recoveries from sub
contractor’s invoice.
An illustrative format of Work Done Certificate is at Annexure-15 of the tender. However, the
successful Bidder/s (Contractor/s) would have to submit WDC as per the then prevailing format, at
the time of order placement. The same would be made available at appropriate time
The vendor shall be responsible for management of entire IT infrastructure including hardware and
software (i.e. configuration, backup, recovery and hardening of Active Directory and NAS setup,
TDPIS setup, TDDIS setup and Backup Solution setup) in East Yard - Design and the Network
Equipment’s in East Yard (Mumbai), Near DR setup in Alcock Yard-SSA Building (Mumbai) and DR
site at ITI Datacenter (Bangalore). The vendor should maintain the RPO of 2 hours and RTO of 24
hours for DR site. The vendor should maintain the leased line between Primary and DR site with
availability of 99.9%. The penalty for downtime of the link is as follows:
a) Upto 1 day: Not penalty.
b) More than 1 day: Rs 500 per day till the link is operational.
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Tender No: 3000000375 (EY-D for DC, NDR & DR)
You should endeavor to maintain an uptime of 100% of all items under Comprehensive Triennial
Maintenance Contract. However, penalty shall be applied as follows for nonconformance to the
service level as mentioned in scope of work.
(i) For the IT equipment as mentioned in Scope of Work as annexure-1, the breakdown call of the
items should be attended within 4 hours and resolved within two working days after lodging the call.
Penalty will be applied thereafter per day @ 2.5% of the yearly charges pertaining to the affected
item, capped at max 30% of yearly charges of the item affected. If the breakdown results in non-
functioning of these equipment beyond period of 15 days from the date of call lodged, risk purchase
clause will be invoked where MDL shall get this equipment repaired from OEM/OEM authorized
partner and the TMC for the remaining period of contract will be arranged through the OEM/OEM
authorized partner. The charges for the repairs and the Maintenance for the balance period shall be
recovered from the vendor as risk purchase charges.
(ii) In case the repair of the hardware would take more than two days, vendor would provide an
equivalent genuine temporary replacement at no extra cost.
(iii) If the Preventive Maintenance of items is not carried out within that quarter then the 10% TMC
cost for that quarter will be deducted for those items.
(iv) The working hours of the 02 Nos resident engineers would be from 0830 hr to 1730 hrs/ 0900
hrs to 1800 hrs from Monday to Friday depending on the office timings at site and on Saturday,
Sunday and holidays in rare case when there is emergency. In case of absence of resident engineer at
MDL, the vendor should depute his alternate having same qualification and ensure that 02 nos
engineers are present on all working days. The engineers should sign attendance record for the same
at the department. In case of absence of engineers, the penalty is Rs 2000/- per engineer per day and
the same would be deducted from the AMC bill.
(v) For any troubleshooting/maintenance work required at DR site at ITI Limited Bangalore, the
vendor is responsible for deputing his engineers at Bangalore site for the resolution of the issue. All
the arrangements required to be made for deputation of his engineers at Bangalore for the
resolution of the issue will be the responsibility of the vendor.
Note: For details, Refer Annexure-1 in this tender.
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Tender No: 3000000375 (EY-D for DC, NDR & DR)
15.3 Some of the hardware may be disposed-off during the term of contract at the discretion of MDL.
The Payment will be done only for the actual quantity maintained.
15.4 Payment for the value of service, as reduced by any deductibles and/or the amount leviable
towards liquidated damages, downtime penalty if any and after including applicable taxes as may be
payable through RTGS/NEFT/ECS between 15 to 20 days after completion of services, acceptance
and Work done Certificate from EY-D department (in the rank of CM & Above) against submission of
requisite documents as given below.
15.5 The payment shall be made on quarterly basis at end of each quarter after deducting penalty
towards downtime and engineer absenteeism if any.
15.6 Set of Original + 3 Copies of signed Tax Invoice to be submitted to Receipts Sections along
with Service Entry through SAP system from user department. 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.
The bills should be preferably submitted within four weeks of certification of Work Done Certificate
‘WDC’ to Receipts Sections adjacent to ARS punching station of South Yard along with Service entry
through SAP system from user department.
15.7 Work done Certificate should be duly certified by concerned executive (not below the rank
of Chief Manager). In case of delays, the duration along with numbers of delayed days shall be
specified in the WDC to invoke LD clause and to effect recoveries from sub contractor’s invoice.
Kindly note that submission of the above documents with the invoice is essential for effecting
(timely) payment to the Subcontractor. If any documents are missing, invoice will not be accepted
for payment process.
In order to address the financial needs of MSME firms, GoI has introduced a platform for facilitating
the financing of trade receivables of MSMEs from buyers, through multiple financiers which is
termed as Trade Receivables Discounting System (TReDS). At TReDS, auctioning of invoices at
competitive & transparent environment is done by financers based on Buyer’s credit profile.
MDL is registered on the "Invoicemart" TReDS platform and M1xchange of M/s Mynd Solutions Pvt
Ltd.
MSME bidders desirous to receive payments through TReDS platform may avail the facility if they
are already registered on
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Tender No: 3000000375 (EY-D for DC, NDR & DR)
2. "M1xchange"
TReDS platform
or by registering on it.
Any unfinanced invoice/ invoices of MSME Bidders/Vendors seeking payment from MDL directly,
shall be processed as per the standard payment terms agreed in PO / contract.
Note: Vendors/ Bidders who desire to get payment through TReDS platform are requested to get
registered on "Invoicemart" TReDS platform and forward the details to MDL."
Kindly note that submission of the above documents with the invoice is essential for effecting
(timely) payment to the Subcontractor.
Note: Payment will be made only after execution of entire work, as per Scope of Work.
15
Tender No: 3000000375 (EY-D for DC, NDR & DR)
Successful bidders shall have to submit Security Deposit for an amount of 5% of PO value excluding
taxes etc. payable in Indian Rupees directly NEFT/RTGS/Bank Guarantee (In case of BG, it should be
from a reputed Nationalized / Scheduled Bank / Banks of international repute excluding co-
operative banks) within 25 days from the date of receipt of order, valid till the contractual period
plus additional 4 weeks. The Security Deposit will be returned only after successful execution of the
PO and shall be interest free. For NEFT/RTGS – Kindly refer details at para 5 (EMD) above
Please note that MDL does not extend any concession such as exemption in payment of Security
Deposit etc. to any organization irrespective of their status, like registration with MDL, NSIC, SSI,
MSME etc. Security Deposit will be applicable for all successful bidders.
For delayed period of submission of SD beyond 25 days from date of order, the amount of interest
towards delayed period of submission of security deposit will be deducted. The rate of interest shall
be as decided by competent authority in MDL which is generally SBI PLR + 2%.
Note:
1. Bank Guarantee must be drawn on as per the list of Fist Class banks approved by CPPC published
on MDL website (Home TendersBills/EMD status)
2. In case of BG towards PBG, please ensure that the BG is sent directly to MDL by Registered Post
with A.D. from the issuing Bankers in a sealed cover. It helps to avoid the time require for
ascertaining the veracity of signatories to the Guarantee and its authentication.
18.2 MDL provisional GST ID is 27AAACM8029J1ZA and bidders shall mention GSTIN, HSN, Place of
supply, signature of vendor etc while invoicing and avoid any data entry errors on GST portal.
Bidders shall be responsible for the financial and non-financial consequences in case of non-
compliance of GST provisions /requirements / timelines on their part.
18.3 If the vendor registered/Composition under GST, the GST Registration no (15 Digit) issued by
GOI shall be mandatory. Vendor/s having multiple business verticals within state /at multiple states
with separate GST no shall forward GSTIN of only that vertical which is involved in supply of goods
and/or services. In case of unregistered vendor quotation, the GST shall be paid by MDL directly to
GSTN under reverse charge mechanism or otherwise for which no input tax credit will be available
to vendor and vendor is deemed to have confirmed that he will not claim ITC for such items.
18.4 Benefits from reduction in rate of tax/ITC is required to be passed on to consumer. Where
“applicable GST” has been quoted as extra, Goods and service providers (except un-registered
dealers under GST Law) have to submit declaration that they have complied with ‘Anti-profiteering
clause’ under GST Law. Such declaration to be given in technical bid.
18.5 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 Laws 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. Supplier/ Contractor shall pay penalty and/ or interest imposed on MDL or loss due to
delay in availing ITC by MDL or any loss of ITC to MDL due to errors by vendors at any stage. MDL
reserves right to recover any such interest, penalty or loss from any amount due to
Supplier/Contractor or otherwise.
18.6 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 Laws due to non/ delayed receipt of goods and /or
services and / or tax invoice or expiry of timelines prescribed in GST Laws for availing ITC, non-
payment of taxes or non-filling or returns or any other reason not attributable to MDL.
Supplier/Contractor shall pay any loss of amount along with interest and penalty on MDL under GST
Laws for the number of days the ITC was delayed. If the shortcoming is not rectified by supplier/
contractor and MDL ends up in reversal of credit and / or payments, supplier/ contractor is fully
liable for making goods all the loss incurred by MDL. MDL reserves right to recover any interest,
penalty or loss from any amount due to Supplier/ Contractor or otherwise.
16
Tender No: 3000000375 (EY-D for DC, NDR & DR)
18.7 If the vendor is registered under GST, vendor shall file all applicable returns under GST Laws 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 uploading or 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.
Note: i) If vendor is a composition /unregistered dealer under GST, vendor needs to give a
declaration that he is a composition/ unregistered dealer with requisite documents.
ii) Any change in tax component/structure due to government regulation during the execution of
contract 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.
19. मल्
ू र् ननधायरण | PRICING:
Bidder shall quote the prices of all items listed in the Price Sheet / Rate Sheet of the tender enquiry
at Annexure -2. The prices quoted shall remain firm and fixed during the Contract period.
Taxes, duties and Levis are excluded for the purpose of ranking of price bids to determine L1
bidder. There may arise a situation where overall cost (inclusive of taxes, duties and levis) of
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.
Bidders are requested to fill up their rates as per rate sheet strictly.
17
Tender No: 3000000375 (EY-D for DC, NDR & DR)
A Public Grievance Cell headed by GM (Finance) 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 or send their complaints / grievances to him in writing for
redressal. His Telephone No. is 23762106 Or Board Line No.23762000/3000/4000.
Yours faithfully,
For माझगाांव डॉक शिपबिल्डर्स शिशमटे ड
MAZAGON DOCK SHIPBUILDERS LIMITED,
18
Tender No: 3000000375 (EY-D for DC, NDR & DR)
List of Annexure
र्ांिग्िपत्र ३| Annexure 3 - Standard Terms & Conditions (STACS) with Acceptance Format.
र्ांिग्िपत्र ४| Annexure 4 -General Terms & Conditions (GT&C) with acceptance Format.
र्ांिग्िपत्र ९ | Annexure 9 - Statutory requirements, Official Secret Act 1923 & Safety Clause.
19
Tender No: 3000000375 (EY-D for DC, NDR & DR)
Annexure -1
3. The comprehensive maintenance of the IT software in the Bill of Materials includes product
support, products fixes, product updates and migration to the new version of the product if available
from OEMs without any additional cost. If the software has been declared end of life / end of support
by the OEM the vendor shall migrate to the latest version available from OEM on the existing
hardware. In case the existing hardware does not support the new version provided by the OEM the
vendor should maintain the existing version of the software supported by the hardware throughout
the contract period.
3. The vendor shall be responsible for management of entire IT infrastructure including hardware
and software (i.e. configuration, backup, recovery and hardening of Active Directory and NAS setup,
TDPIS setup, TDDIS setup and Backup Solution setup) in East Yard - Design and the Network
Equipment’s in East Yard (Mumbai), Near DR setup in Alcock Yard-SSA Building (Mumbai) and DR
site at ITI Datacenter (Bangalore). The vendor should maintain the RPO of 2 hours and RTO of 24
hours for DR site. The vendor should maintain the leased line between Primary and DR site with
availability of 99.9%. The penalty for downtime of the link is as follows:
a) Upto 1 day: Not penalty.
b) More than 1 day: Rs 500 per day till the link is operational.
5. Preventive Maintenance have to be carried on quarterly basis within the quarter itself. Health
check-up and physical cleaning of the dust in the IT equipment to be done on quarterly basis.
Additional manpower to complete the Preventive Maintenance, if required, have to be deployed by
the vendor for completing the preventive maintenance in that quarter itself. All the necessary tools
(screw driver set, LAN meters, punching tools, Crimping tools, blower, cleaning solution etc) have to
be provided to these service personal on each site to carry out the maintenance activities including
preventive maintenance.
6. Comprehensive Network Maintenance of entire East Yard-Design Server Room at Primary and
Alycock Yard at Near DR site along with Submarine LAN and WAN network, which includes around
Infrastructure of 1000 network points and 3 kms of fiber backbone and all the network components
mentioned in the BOQ. The network services are comprehensive and includes, network
infrastructure maintenance, configuration, and management. Scope includes
20
Tender No: 3000000375 (EY-D for DC, NDR & DR)
i. Configuration of the all active network components, updating of software on the network
hardware in the BOM, network topology management as per the requirement of Submarine division.
ii. Troubleshooting and rectification of network issues.
iii. Health check-up of entire Network of the Submarine Division Network. MDL has motadata
network monitoring software tool & Nessus Vulnerability testing tool. The bidder has to check the
health of the network devices using these tools and resolve the issues reported by the tools.
7. In case of hard disk failure of any IT equipment, the faulty hard disk cannot be taken out of MDL
premises. Vendor has to provide a replacement for the faulty hard disk at no extra cost. The vendor
shall bring their licensed data recovery software and all efforts to recover the data from the failed
hard disk have to be carried out.
8. (a) The working hours of the 02 Nos resident enginers deputed at MDL would be from 0830 hrs
to 1730 hrs/ 0900 hrs to 1800 hrs from Monday to Friday depending on the office timings at site at
MDL and on Saturday, Sunday and holidays in rare case when there is emergency. In case of
absensce resident enginner at MDL, the vendor should depute his alternate having same
qualification and ensure that 02 nos engineers are present on all working days. The enginners
should sign attendance record for the same at the department.In case of absence of enginners, the
penalty is Rs 2000/- per engineer per day and the same would be deducted form the AMC bill.
(b) For any troubleshooting/maintenance work required at DR site at ITI Limited Bangalore, the
vendor is responsible for deputing his engineers at Bangalore site for the resolution of the issue. All
the arrangements required to be made for deputation of his engineers at Bangalore for the
resolution of the issue will be the responsibility of the vendor.
9. Working on MDL's Holiday: Request for permission for working on Saturday / Sunday / Holidays
if required, should be submitted 1 working day prior to the date. Necessary permission from
personnel Department and Security shall be sought by the vendor.
11. Downtime Penalty: You should endeavor to maintain an uptime of 100% of all items under
Comprehensive Triennial Maintenance Contract. However, penalty shall be applied as follows for
nonconformance to the service level mentioned at point 10 above.
i. For the IT equipment mentioned above, the breakdown call of the above items should be attended
within 4 hours and resolved within two working days after lodging the call. Penalty will be applied
thereafter per day @ 2.5% of the yearly charges pertaining to the affected item, capped at max 30%
of yearly charges of the item affected. If the breakdown results in non-functioning of these
equipment beyond period of 15 days from the date of call lodged, risk purchase clause will be
invoked where MDL shall get this equipment repaired from OEM/OEM authorized partner and the
TMC for the remaining period of contract will be arranged through the OEM/OEM authorized
partner. The charges for the repairs and the Maintenance for the balance period shall be recovered
from the vendor as risk purchase charges.
(ii) Vendor should enter into a back to back arrangement/contract with the OEM for all the items in
the BOM to ensure genuineness and availability of the parts and the service. Vendor should provide
documentary evidence for the same along with the bid. In case the OEM has announced end of
Service life for the item, the vendor should make arrangement to provide maintenance for the same
through alternate sources till the completion of the contract.
iii. If the Preventive Maintenance of items is not carried out within that quarter then the 10% TMC
cost for that quarter will be deducted for those items.
21
Tender No: 3000000375 (EY-D for DC, NDR & DR)
12. Servers, Storage and other IT equipment might get upgraded during the period of TMC without
consultation of the vendor.
13. Vendor should assist in hardware up-gradation / integration / relocation, of the IT equipment
under their purview of TMC.
14. Some of the hardware may be disposed-off during the term of Contract at the discretion of MDL.
The payment will be done only for the actual quantity maintained.
15. All kinds of maintenance services shall be performed in the presence of authorized executives of
MDL.
16. The ownership of replaced defective parts would remain with the vendor and these defective
should be taken off from the company premises, except for hard disk. Faulty hard disk would remain
MDL property.
17. On the expiry of the contract, the IT equipment are to be handed over to MDL's authorized
representative in working condition.
18. Vendor should have signed Non-Disclosure Agreement with MDL for the contract.
19. The vendor will be given mobilization period of one week including deputation of resident
engineers at MDL, verification of the documents for back to back arrangement, and updation of the
hardware and software records at OEM website from the date of placement of Purchase Order. The
maintenance contract period will commence immediately after from the expiry of mobilsation
period. The vendors are hereby requested to strictly adhere to the dates of mobilization period to be
able to start the maintenance contract.
22
Tender No: 3000000375 (EY-D for DC, NDR & DR)
23
Sr Qty Unit Qty SITE OEM
Description
No Tender No: 3000000375 (EY-D for DC, NDR & DR) (A) (B) (C) (D)
1 TDPIS Layer 3 Switches -Primary (Cisco 3750G) 2 Nos PRIMARY CISCO
2 TDPIS Method Server -Primary (Oracle T4-1) 1 Nos PRIMARY ORACLE
3 TDPIS Database Server -Primary (HP 380 G7) 1 Nos PRIMARY HP ENTERPRISE
4 TDPIS SAN Switches -Primary (HP) 2 Nos PRIMARY HP ENTERPRISE
5 TDPIS SAN Storage -Primary (HP 4400) 1 Nos PRIMARY HP ENTERPRISE
6 Oracle Solaris Product Support for TDPIS Servers -Primary 2 Nos PRIMARY ORACLE
7 Oracle Database Enterprise Edition for TDPIS Servers -Primary 1 Nos PRIMARY ORACLE
8 TDDIS Layer 3 Switches -Primary (Cisco 3750X) 2 Nos PRIMARY CISCO
9 TDDIS Method Server -Primary (Oracle M4000) 1 Nos PRIMARY ORACLE
10 TDDIS Database Server -Primary (Oracle M4000) 1 Nos PRIMARY ORACLE
11 TDDIS SAN Switches -Primary (EMC DS 300) 2 Nos PRIMARY DELL-EMC
12 TDDIS SAN Storage -Primary (EMC 5300) 1 Nos PRIMARY DELL-EMC
13 Oracle Solaris Product Support for TDDIS Servers -Primary 2 Nos PRIMARY ORACLE
14 Oracle Database Enterprise Edition for TDDIS Servers -Primary 1 Nos PRIMARY ORACLE
15 DNS Layer 2 Switch for Primary (Cisco 2960X) 2 Nos PRIMARY CISCO
16 DNS IBM AD Server Primary (IBM 3650) 1 Nos PRIMARY IBM
17 DNS OS for Active Directory (Primary) Windows Server 1 No PRIMARY MICROSOFT
18 DNS NAS 20TB Primary (NETAPP 8020 FAS) 1 Nos PRIMARY NETAPP
19 DNS EMC NX4 3TB Primary (EMC Celera NX4) 1 Nos PRIMARY DELL-EMC
20 DNS DRM Slave Server Primary (Dell Poweredge 730) 1 Nos PRIMARY DELL-EMC
21 DNS Operating System for DRM Slave (Primary) 1 No PRIMARY REDHAT
22 BKP Layer 2 switches Primary (Cisco 2960X) 2 Nos PRIMARY CISCO
23 BKP SAN switches Primary (EMC DS 300) 1 Nos PRIMARY DELL-EMC
24 BKP SAN switches Primary (EMC DS 300) 1 Nos PRIMARY DELL-EMC
25 BKP Server Primary (IBM 3550) 1 Nos PRIMARY IBM
26 BKP Operating System for Backup Server Primary 1 No PRIMARY REDHAT
27 BKP Backup Software Networker (Primary) 1 No PRIMARY DELL-EMC
28 BKP DD 620 Primary 2 Nos PRIMARY DELL-EMC
29 BKP DD 2500 Primary 1 Nos PRIMARY DELL-EMC
30 BKP DD 6300 Primary 1 Nos PRIMARY DELL-EMC
TANDBERG
31 BKP Tape Library Tandberg Primary (Tandberg 24) 1 Nos PRIMARY
OVERLAND
TANDBERG
32 BKP Neo Series Tandberg Primary (Tandberg 24) 1 Nos PRIMARY
OVERLAND
TANDBERG
33 BKP Neo Series Tandberg Primary (Tandberg 24) 1 Nos PRIMARY
OVERLAND
34 SECURITY Layer 2 Switches Primary (Cisco 2960X) 4 Nos PRIMARY CISCO
35 SECURITY 10TB NAS Netapp Primary (Netapp 2650) 1 Nos PRIMARY NETAPP
36 NETWORK Layer 3 Cisco M4500 Primary 2 Nos PRIMARY CISCO
37 NETWORK Layer 2 Cisco 2960 Primary 4 Nos PRIMARY CISCO
38 NETWORK Alcatel Switches Primary (OS 6400) 58 Nos PRIMARY ALCATEL
39 NETWORK Firewall Fiber Primary (Cyberoam 200ING) 1 Nos PRIMARY SOPHOS
40 NETWORK Firewall Fiber Primary (Cyberoam 200ING) 1 Nos PRIMARY SOPHOS
41 NETWORK Router Primary (Cisco 1941) 1 Nos PRIMARY CISCO
42 NETWORK Router Primary (Cisco 1941) 1 Nos PRIMARY CISCO
43 TDPIS RACK HP Primary 1 Nos PRIMARY HP ENTERPRISE
44 TDDIS RACK ORacle Primary 1 Nos PRIMARY ORACLE
45 DNS Valrack Primary 1 Nos PRIMARY VALRACK
46 BKP Valrack Primary 1 Nos PRIMARY VALRACK
47 SECURITY Valrack Primary 1 Nos PRIMARY VALRACK
24
Tender No: 3000000375 (EY-D for DC, NDR & DR)
25
Tender No: 3000000375 (EY-D for DC, NDR & DR)
PRIMARY-
6mbps link for 1 year new 1 AU
DR BSNL/MTNL
94 2 Nos Resident Engineers for 3 years 11 QTRS PRIMARY BIDDER
96 Near DR DRILL 4 QTRS NEAR DR BIDDER
97 FAR DR DRILL 11 QTRS DR BIDDER
98 Comprehensive Network Maintenance of Submarine Division 11 QTRS PRIMARY BIDDER
26
Tender No: 3000000375 (EY-D for DC, NDR & DR)
Annexure -2
Total Duration
(J)% (Rs)
amc end date
(F) = (D) - ( C)
Unit Duration
Unit Duration
(L)=(J)+(K)
Taxes (Rs)
taxes (Rs)
Qty (A)
Sr No
site
( C)
(G)
(D)
(K)
(E)
(I)
Description
GST @
TDPIS Layer 3
MON MON
1 Switches -Primary 2 Nos 01/04/2019 31/12/2021 PRIMARY 33 66
THS THS
(Cisco 3750G)
TDPIS Method
MON MON
2 Server -Primary 1 Nos 01/04/2019 31/12/2021 PRIMARY 33 33
THS THS
(Oracle T4-1)
TDPIS Database
MON MON
3 Server -Primary (HP 1 Nos 01/04/2019 31/12/2021 PRIMARY 33 33
THS THS
380 G7)
TDPIS SAN Switches MON MON
4 2 Nos 01/04/2019 31/12/2021 PRIMARY 33 66
-Primary (HP) THS THS
TDPIS SAN Storage - MON MON
5 1 Nos 01/04/2019 31/12/2021 PRIMARY 33 33
Primary (HP 4400) THS THS
Oracle Solaris
Product Support for MON MON
6 2 Nos 01/04/2019 31/12/2021 PRIMARY 33 66
TDPIS Servers - THS THS
Primary
Oracle Database
Enterprise Edition MON MON
7 1 Nos 01/04/2019 31/12/2021 PRIMARY 33 33
for TDPIS Servers - THS THS
Primary
TDDIS Layer 3
MON MON
8 Switches -Primary 2 Nos 19/05/2019 31/12/2021 PRIMARY 32 63
THS THS
(Cisco 3750X)
TDDIS Method
MON MON
9 Server -Primary 1 Nos 19/05/2019 31/12/2021 PRIMARY 32 32
THS THS
(Oracle M4000)
TDDIS Database
MON MON
10 Server -Primary 1 Nos 19/05/2019 31/12/2021 PRIMARY 32 32
THS THS
(Oracle M4000)
TDDIS SAN
MON MON
11 Switches -Primary 2 Nos 19/05/2019 31/12/2021 PRIMARY 32 63
THS THS
(EMC DS 300)
TDDIS SAN Storage
MON MON
12 -Primary (EMC 1 Nos 19/05/2019 31/12/2021 PRIMARY 32 32
THS THS
5300)
Oracle Solaris
Product Support for MON MON
13 2 Nos 19/05/2019 31/12/2021 PRIMARY 32 63
TDDIS Servers - THS THS
Primary
Oracle Database
Enterprise Edition MON MON
14 1 Nos 01/04/2019 31/12/2021 PRIMARY 33 33
for TDDIS Servers - THS THS
Primary
27
Tender No: 3000000375 (EY-D for DC, NDR & DR)
28
Tender No: 3000000375 (EY-D for DC, NDR & DR)
NETWORK Layer 3
MON MON
36 Cisco M4500 2 Nos 26/03/2019 31/12/2021 PRIMARY 33 67
THS THS
Primary
NETWORK Layer 2 MON MON
37 4 Nos 19/05/2019 31/12/2021 PRIMARY 32 126
Cisco 2960 Primary THS THS
NETWORK Alcatel
MON MON
38 Switches Primary 58 Nos 01/10/2020 31/12/2021 PRIMARY 15 871
THS THS
(OS 6400)
NETWORK Firewall
MON MON
39 Fiber Primary 1 Nos 26/03/2019 31/12/2021 PRIMARY 33 33
THS THS
(Cyberoam 200ING)
NETWORK Firewall
MON MON
40 Fiber Primary 1 Nos 01/02/2021 31/12/2021 PRIMARY 11 11
THS THS
(Cyberoam 200ING)
NETWORK Router
MON MON
41 Primary (Cisco 1 Nos 26/03/2019 31/12/2021 PRIMARY 33 33
THS THS
1941)
NETWORK Router
MON MON
42 Primary (Cisco 1 Nos 01/02/2021 31/12/2021 PRIMARY 11 11
THS THS
1941)
TDPIS RACK HP MON MON
43 1 Nos 01/04/2019 31/12/2021 PRIMARY 33 33
Primary THS THS
TDDIS RACK ORacle MON MON
44 1 Nos 19/05/2019 31/12/2021 PRIMARY 32 32
Primary THS THS
DNS Valrack MON MON
45 1 Nos 26/03/2019 31/12/2021 PRIMARY 33 33
Primary THS THS
BKP Valrack MON MON
46 1 Nos 26/03/2019 31/12/2021 PRIMARY 33 33
Primary THS THS
SECURITY Valrack MON MON
47 1 Nos 26/03/2019 31/12/2021 PRIMARY 33 33
Primary THS THS
NETWORK Valrack MON MON
48 1 Nos 19/05/2019 31/12/2021 PRIMARY 32 32
Primary THS THS
Autoshutdown
Software through MON MON
49 1 No 19/05/2019 31/12/2021 PRIMARY 32 32
UPS Multilink 10 THS THS
Nos
Enviromental Room
MON MON
50 Monitoring Avtech 1 No 19/05/2019 31/12/2021 PRIMARY 32 32
THS THS
Software
MON MON
51 Serial KVM Oxyca 2 Nos 19/05/2019 31/12/2021 PRIMARY 32 63
THS THS
Network KVM MON MON
52 2 Nos 19/05/2019 31/12/2021 PRIMARY 32 63
Austen THS THS
NDR-Layer 3 Fiber
MON MON
53 Switches (Cisco 2 Nos 01/02/2021 31/12/2021 NEAR DR 11 22
THS THS
M4500)
NDR- Layer 3
MON MON
54 Switches (Cisco 2 Nos 01/02/2021 31/12/2021 NEAR DR 11 22
THS THS
3850)
NDR TDPIS Method
MON MON
55 Server (Oracle 1 Nos 01/02/2021 31/12/2021 NEAR DR 11 11
THS THS
SPARC T7-1)
NDR TDPIS
MON MON
56 Database Server 1 Nos 01/02/2021 31/12/2021 NEAR DR 11 11
THS THS
(Oracle X6)
NDR TDDIS Method
and Database MON MON
57 1 Nos 01/02/2021 31/12/2021 NEAR DR 11 11
Server (Oracle THS THS
SPARC T7-1)
NDR SAN Switches MON MON
58 2 Nos 01/02/2021 31/12/2021 NEAR DR 11 22
(EMC DS 300) THS THS
29
Tender No: 3000000375 (EY-D for DC, NDR & DR)
30
Tender No: 3000000375 (EY-D for DC, NDR & DR)
DR NETAPP NAS
MON MON
82 20TB (NETAPP 8020 1 Nos 26/03/2019 31/12/2021 DR 33 33
THS THS
FAS)
DR Backup Server
MON MON
83 (Dell Poweredge 1 Nos 26/03/2019 31/12/2021 DR 33 33
THS THS
730)
DR Backup Server MON MON
84 1 No 26/03/2019 31/12/2021 DR 33 33
OS Red Hat Linux THS THS
DR Tape Library MON MON
85 1 Nos 26/03/2019 31/12/2021 DR 33 33
Neo (tandberg 24) THS THS
DR Windows Server MON MON
86 1 Nos 26/03/2020 31/12/2021 DR 21 21
Subscription THS THS
DR DRM Master
MON MON
87 Dell Server (Dell 1 Nos 26/03/2019 31/12/2021 DR 33 33
THS THS
Poweredge 730)
DR DRM Master
MON MON
88 Red Hat Ent 1 No 26/03/2019 31/12/2021 DR 33 33
THS THS
Subscription
DR DRM Sanovi MON MON
89 1 No 26/03/2019 31/12/2021 DR 33 33
Subscription THS THS
DR Router 1 (Cisco MON MON
90 1 Nos 26/03/2019 31/12/2021 DR 33 33
1941) THS THS
DR Router 2 (Cisco MON MON
91 1 Nos 01/02/2021 31/12/2021 DR 11 11
1941) THS THS
DR Firewall MON MON
92 1 Nos 26/03/2019 31/12/2021 DR 33 33
(Cyberoam 200ING) THS THS
6mbps link of
PRIMARY MON MON
93 BSNL/MTNL/Railtel 1 AU 26/03/2019 31/12/2021 33 33
-DR THS THS
for 3 years old
6mbps link
PRIMARY MON MON
94 BSNL/MTNL/Railtel 1 AU 01/02/2021 31/12/2021 11 11
-DR THS THS
for 1 year new
2 Nos Resident
QTR
95 Engineers for 3 11 01/04/2019 31/12/2021 PRIMARY 11 QTRS 11 QTRS
S
years
QTR
96 Near DR DRILL 4 01/02/2021 31/12/2021 NEAR DR 4 QTRS 4 QTRS
S
QTR
97 FAR DR DRILL 11 01/04/2019 31/12/2021 DR 11 QTRS 11 QTRS
S
Comprehensive
Network QTR
98 11 19/05/2019 31/12/2021 PRIMARY 11 QTRS 11 QTRS
Maintenance of S
Submarine Division
ट्टटप्पणी |Note:-
1. Vendors are requested to fill up every column as applicable strictly as per Rate Sheet & has to
quote for all the items.
2. for technical specification/scope of supplies please refer tender document & Annexure-1.
3. Quantity mentioned in rate sheet is indicative however, the quantity may be increased /decreased
at the time of placement of order as per the terms & condition of the tender & rates quoted in your e-
offer.
4. Above mentioned AMC start date shall be applicable after placement of contract or as per date
given in the column, whichever comes later.
31
Tender No: 3000000375 (EY-D for DC, NDR & DR)
Annexure-4
STANDARD TERMS AND CONDITIONS (STACS)
(FOR SERVICES)
101 The word 'Purchaser' refers to MAZAGON DOCK SHIPBUILDERS 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 SHIPBUILDERS
LIMITED (Purchaser) has contracted to carry out work in relation to which orders are placed by the
Purchaser on the Subcontractor / 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 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 utilise the
services as it deems fit, other articles of the same or similar description to make good such default and/or
in the event of the contract being terminated, the balance of the articles of the remaining to be delivered
there under. Any excess over the purchase price, cost of manufacture or value of any articles supplied
from the stock, as the case may be, over the contract price shall be recoverable from the Bidder /
Contractor.
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Tender No: 3000000375 (EY-D for DC, NDR & DR)
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Tender No: 3000000375 (EY-D for DC, NDR & DR)
The Buyer will also have the right to recover any such amount from any contracts concluded earlier with
Buyer.
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 foreborne 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' 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 SHIPBUILDERS 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.
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Tender No: 3000000375 (EY-D for DC, NDR & DR)
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.
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Tender No: 3000000375 (EY-D for DC, NDR & DR)
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 :-
i. 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.
ii. 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 Officer 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.
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
36
Tender No: 3000000375 (EY-D for DC, NDR & DR)
iii. 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 alongwith Inspection and Administrative Charges as per relevant
provisions of the concerned Acts and Schemes made thereunder 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, shall 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 forward 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.
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 Officer-in-Charge Safety, or any officer 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.
37
Tender No: 3000000375 (EY-D for DC, NDR & DR)
450
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.
*********************************************
38
Tender No: 3000000375 (EY-D for DC, NDR & DR)
NOTES:
1. Bidder(s) should carefully read the Standard Terms & Conditions (STACS) included in the tender
prior to filling up this acceptance format.
2 This format should be properly filled, signed and returned by the bidder(s) along withtheir
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. STACS clause numbers shown in the above format also includes the sub-clauses under these
clauses. For example 220 means – clause nos. 220, 221, 222.
39
Tender No: 3000000375 (EY-D for DC, NDR & DR)
ANNEXURE –4
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.
40
Tender No: 3000000375 (EY-D for DC, NDR & DR)
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
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
41
Tender No: 3000000375 (EY-D for DC, NDR & DR)
A120. DEMURRAGE
A121. Storage and Demurrage charges will be payable by the Bidder / Supplier / Contractor for all
shipments that reach purchaser without proper despatch documentations, Lorry Receipts not
accompanied by packing lists, invoices etc. 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.
42
Tender No: 3000000375 (EY-D for DC, NDR & DR)
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.
43
Tender No: 3000000375 (EY-D for DC, NDR & DR)
NOTES:
1. Bidders should carefully read the Terms & Conditions of the Tender Enquiry Form (TEF)
prior to filling up this acceptance format..
2. This format should be properly filled, signed and returned by the bidder(s) along with their
technical offer for considering their Bid.
3. Bidder(s) should indicate “ACC” for Accepted, “DEV” for Deviation Taken for each clause
number in the above table.
4. Bidder(s) to attach Separate Sheet indicating all relevant details such as Number & description of
the Clause, Reasons for Deviation and Alternative suggested for any deviations taken by them.
5. Clause numbers shown in the above format also includes the sub-clauses under these clauses.
For example Clause no. A10 means – Clause nos. A11, A12, A13.
**********************************************************************************
44
Tender No: 3000000375 (EY-D for DC, NDR & DR)
ANNEXURE –5
To,
MAZAGON DOCK SHIPBUILDERS LIMITED
IT PURCHASE SECTION.
1 12 23
2 13 24
3 14 25
4 15 26
5 16 27
6 17 28
7 18
8 19
9 20
10 21
11 22
NOTES :
1. Bidders should carefully read the Terms & Conditions of the Tender Enquiry Form (TEF)
prior to filling up this acceptance format.
2. This format should be properly filled, signed and returned by the bidder(s) along with their
technical offer for considering their Bid.
3. Bidder(s) should indicate “ACC” for Accepted, “DEV” for Deviation Taken for each clause
number in the above table.
4. Bidder(s) to attach Separate Sheet indicating all relevant details such as Number & description of
the Clause, Reasons for Deviation and Alternative suggested for any deviations taken by them.
5. Clause numbers shown in the above format also includes the sub-clauses under these clauses.
For example Clause no. 3 means – Clause nos. 3, 3.1, 3.2 a), b), I), ii) & iii).
45
Tender No: 3000000375 (EY-D for DC, NDR & DR)
ANNEXURE – 6
46
Tender No: 3000000375 (EY-D for DC, NDR & DR)
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 ......................
NOTE:-
1. Indigenous supplier or Foreign Supplier through Indian Bank to submit BG.
2. If BG is not received directly from Bank then MDL shall get the Bank Guarantee verified and only on
confirmation of verification the Bank Guarantee shall be considered as submitted. Expenses for BG
verification shall be borne by MDL.
47
Tender No: 3000000375 (EY-D for DC, NDR & DR)
ANNEXURE –7
48
Tender No: 3000000375 (EY-D for DC, NDR & DR)
8. This Guarantee shall be governed by Indian laws and the Courts at Mumbai, India shall have the
exclusivejurisdiction.
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:-
1. Indigenous supplier or Foreign Supplier through Indian Bank to submit BG.
2.If BG is not received directly from Bank then MDL shall get the Bank Guarantee verified and only on
confirmation of verification the Bank Guarantee shall be considered as submitted. Expenses for BG
verification shall be borne by MDL.
49
Tender No: 3000000375 (EY-D for DC, NDR & DR)
ANNEXURE – 8
RTGS/NEFT – MANDATE AUTHORISATION FORM
# Quoting PAN No. in all the e-returns has become 100% mandatory w.e.f. 14-02-2008 hence, ensure to
fill- up this and also send a photocopy of PAN duly self-attested. If there is any difference between the
name given in the supplier’s name and name given in the PAN card, then a note to explain the reason for
the difference and the correlation between both.
10. Nature of the Account: (Tick whichever is applicable & put ‘x’ mark for the balance two accounts)
Saving Bank Account: Cash Credit Account: Current Account:
11. Bank Account Number of the Supplier: ©
© Fill up from the 1st column. For the balance left out blank columns, please mention ‘x’ mark.
We hereby declare that the particulars given above are correct and complete. If the transaction is
delayed for reasons of incomplete or incorrect information, we would not hold MDL responsible.
12. MICR code:
Certified that the particulars as per Serial Numbers 2, 7 to 11 are correct as per our records.
50
Tender No: 3000000375 (EY-D for DC, NDR & DR)
ECS – FORMAT
BIDDER’S NAME :
ADDRESS :
NATURE OF ACCOUNT :
NAME OF BANK :
NOTE : (A) ENCLOSE BANK’S VERIFICATION OF A/C. DETAILS AS PEFORMAT APPENDED BELOW.
(ENCLOSE ONE COPY OF RELEVANT CHEQUE LEAF DULY CANCELLED.)
We hereby authorize Mazagon Dock Shipbuilders Limited to make all due payments through ECS
by effecting credit in our above mentioned bank account.
We, hereby, declare that particulars given above are correct and complete. If the transaction is
delayed or not effected at all for reason of incomplete or incorrect information, we would not
hold the user
institution responsible.
Certified that the particulars furnished above are correct as per our records.
BANK’S STAMP
Date
***************************
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Tender No: 3000000375 (EY-D for DC, NDR & DR)
Annexure - 9
EXTRACT OF PROVISIONS OF THE OFFICIAL SECRETS ACT, 1923
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.
52
Tender No: 3000000375 (EY-D for DC, NDR & DR)
Annexure – 10
A) LOADING FACTORS FOR RANKING OF BIDS
(ILLUSTRATIVE FORMAT)
A
Sr. Description Foreign Supplier Indigenous Indigenous
No 100% import Supplier with Supplier without
content part import import content
content
Basic price Quoted a) FOB a) Ex Works a) Ex Works
1 b) CIF b) Delivered to b) Delivered to
MDL stores 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 Incase of 1(a) In case of 1(a) In case of 1(a
Transport
4 Customs Clearance / Port Handling / In either case i.e. NIL NIL
Transportation to Yard FOB or CIF Price
5 Cost (ex-MDL) excluding taxes & duties Sr.Nos. Sr.Nos. Sr.Nos.
without loading towards any deviations (1+2+3+4) if FOB (1+2+3) (1+2+3)
price quoted OR CIF
price + Sr.No.4
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Tender No: 3000000375 (EY-D for DC, NDR & DR)
e) 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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Tender No: 3000000375 (EY-D for DC, NDR & DR)
Annexure-11
PROFORMA BANK GUARANTEE FOR BID BOND / EMD
(On Non-Judicial stamp paper of value Rs. 500)
For ........................ Bank (by its constituted attorney or the person authorised to sign)
(Signature of a person authorized to sign on behalf of "the Bank")
NOTE:-
1. Indigenous supplier or Foreign Supplier through Indian Bank to submit BG.
2. If foreign supplier submits BG through Foreign Bank the same should be submitted by SWIFT. MDL
Bank SWIFT A/c. No. is SBININBB101.
55
Tender No: 3000000375 (EY-D for DC, NDR & DR)
Annexure -12
INTEGRITY PACT
MAZAGON DOCK SHIPBUILDERS LIMITED (MDL) hereinafter referred to as "The Principal/Buyer" And
..............................................hereinafter referred to as "The Bidder/ Contractor" Preamble
The Principal/Buyer intends to award, under laid down organizational procedures, contract/s for
.........................................................................The Principal/Buyer values full compliance with all relevant
laws of the and, rules, regulations, economic use of resources and of fairness / transparency in its
relations with its Bidder(s) and /or Contractor(s).
In order to achieve these goals, the Principal/Buyer will appoint an Independent External Monitor (IEM),
who will monitor the tender process and the execution of the contract for compliance with the principles
mentioned above.
Section 1 - Commitments of the Principal/Buyer:
(1) The Principal/Buyer commits itself to take all measures necessary to prevent corruption and to
observe the following principles:
a. No employee of the Principal/Buyer, personally or through family members, will in connection
with the tender for, or the execution of a contract, demand, take a promise for or accept, for self
or third person, any material or immaterial benefit which the person is not legally entitled to.
b. The Principal/Buyer will during the tender process treat all Bidder(s) with equity and reason. The
Principal/Buyer will in particular, before and during the tender process, provide to all Bidder(s)
the same information and will not provide to any Bidder(s) confidential/additional information
through which the Bidder(s) could obtain an advantage in relation to the tender process or the
contract execution.
c. The Principal/Buyer will exclude from the process all known prejudiced persons.
d. The Principal/Buyer undertakes to scrupulously follow the Purchase Manual containing Standard
Terms & Conditions (STAC) and General Terms & Conditions (GT&C) in respect of procurement
contracts for goods, services and civil works.
(2) If the Principal/Buyer obtains information on the conduct of any of its employees which is a criminal
offence under the relevant Anti-Corruption Laws of India, or it there be a substantive suspicion in this
regard, the Principal/Buyer will inform the Chief Vigilance Officer, MDL and in addition can initiate
disciplinary actions.
56
Tender No: 3000000375 (EY-D for DC, NDR & DR)
Section 3 - Disqualification from tender process and exclusion from future contracts:
If the Bidder(s)/Contractor(s) before contract award has committed a transgression through a violation of
Section 2, above or in any other form such as to put his reliability or credibility as Bidder(s) in question,
the Principal/Buyer is entitled to disqualify the Bidder(s)/Contractor(s) from the tender process or to
terminate the contract, if already signed for such reason, as per the procedure mentioned in the
"Guidelines on Banning of business dealings" Copy of the "Guidelines on Banning of business dealings" is
annexed and marked as Annexure-B.
1) If the Bidder(s)/Contractor(s) has committed a transgression through a violation of Section
2 such as to put his reliability or credibility into question, the Principal/Buyer is entitled also to
exclude the Bidder(s)/Contractor(s) from future contract award processes. The imposition and
duration of the exclusion will be determined by the severity of the transgression. The severity
will be determined by the circumstances of the case, in particular the number of transgressions,
the position of the transgressors within the company hierarchy of the Bidder(s) and the amount
of the damage. The exclusion will be imposed for a minimum of six months and maximum of five
years, which may be further extended at the discretion of the Principal/Buyer.
2) A transgression is considered to have occurred, if the Principal/Buyer after due consideration of
the available evidence, concludes that no reasonable doubt is possible.
3) The Bidder (s) accepts and undertakes to respect and uphold the Principal/Buyer’s absolute right
to resort to and impose such exclusion and further accepts and undertakes not to challenge or
question such exclusion on any ground, including the lack of any hearing before the decision to
resort to such exclusion is taken. This undertaking is given freely and after obtaining legal advice.
4) If the Bidder(s)/Contractor(s) can prove that he has restored/ recouped the damage caused by
him and has installed a suitable corruption prevention system, the Principal/Buyer may revoke
the exclusion prematurely.
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Tender No: 3000000375 (EY-D for DC, NDR & DR)
e) To encash the advance Bank Guarantee and Performance Bond/Warranty bond, if furnished by
the Bidder, in order to recover the payments, already made by the Principal/Buyer, along with
interest.
f) To cancel all or any other contracts with the Bidder.
g) To debar the Bidder from entering into any bid from Principal/Buyer for a minimum period of
five years, which may be further extended at the discretion of the Principal/Buyer.
h) To recover all sums paid in violation of this Pact by Bidder(s) to any middleman or agent or
broker with a view to securing the contract.
i) If the Bidder or any employee of the Bidder or any person acting on behalf of the Bidder, either
directly or indirectly, is closely related to any of the officers of the Buyer, or alternatively, if any
close relative of an officer of the Buyer has financial interest/stake in the Bidder’s firm, the same
shall be disclosed by the Bidder at the time of filing of tender. Any failure to disclose the interest
involved shall entitle the Buyer to rescind the contract without payment of any compensation to
the Bidder. The term ‘close relative’ for this purpose would mean spouse whether residing with
the Principal/Buyer’s employee/employees or not, but not include a spouse separated from the
Principal/Buyer’s employee/employees by a decree or order of a competent court; son or
daughter or step son or step daughter and wholly dependent upon Principal/Buyer’s
employee/employees, but does not include a child or step child who is no longer in any way
dependent upon the Principal/Buyer’s employee/employees or of whose custody the
Principal/Buyer’s employee/employees has been deprived of by or under any law; any other
person related, whether by blood or marriage, to the Principal/Buyer’s employee/employees or
to the Principal/Buyer’s employee/employees wife or husband and wholly dependent upon
Principal/Buyer’s employee/employees.
j) The Bidder shall not lend to or borrow any money from or enter into any monetary dealings or
transactions, directly or indirectly, with any employee of the Principal/Buyer, and if he does so,
the Principal/Buyer shall be entitled forthwith to rescind the contract and all other contracts with
the Bidder. The Bidder shall be liable to pay compensation for any loss or damage to the
Principal/Buyer resulting from such rescission and the Principal/Buyer shall be entitled to deduct
the amount so payable from the money(s) due to the Bidder.
k) In cases where Irrevocable Letters of Credit have been received in respect of any contract signed
by the Principal/Buyer with the Bidder, the same shall not be opened.
(2) The decision of the Principal/Buyer to the effect that a breach of the provisions of this Integrity Pact
has been committed by the Bidder shall be final and binding on the Bidder, however, the same Bidder can
approach the Monitor(s) appointed for the purposes of this Pact.
(3) In the case of successful bidder a clause would also be incorporated in the Article pertaining to
Performance Bond in the Purchase Contract that the provisions of Sanctions for Violation shall be
applicable for forfeiture of Performance Bond in case of a decision by the Principal/Buyer to forfeit the
same without assigning any reason for imposing sanction for violation of this Pact.
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(4) The provisions regarding Sanctions for violation of Integrity Pact include forfeiture of Performance
Bond in case of a decision by the Principal/Buyer to forfeit the same without assigning any reason for
imposing sanction for violation of Integrity Pact.
(5) No interest shall be payable by the Principal/Buyer to the Bidder(s) on Earnest Money/Security
Deposit for the period of its currency.
(2) If the bidder makes incorrect statement on this subject, he can be disqualified from the tender
process or further action can be taken.
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Director of the Principal/Buyer has not, within the reasonable time taken visible action to proceed against
such offence or reported it to the Chief Vigilance Officer, the Monitor may also transmit this information
directly to the Central Vigilance Commissioner, Government of India.
(9) The word ‘Monitor’ would include both singular and plural.
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Annexure-A
GUIDELINES FOR INDIAN AGENTS OF FOREIGN SUPPLIERS
1.0 There shall be compulsory registration of agents for all Global (Open) Tender and Limited
Tender. An agent who is not registered with MDL shall apply for registration.
1.1 An agent shall represent only one Foreign Supplier and not represent two suppliers or quote on
their behalf in the same tender. However, either the Indian Agent on behalf of the Foreign Suppliers
(also includes foreign manufacturers) or the Foreign Suppliers (also includes foreign
manufacturers) directly could bid in a tender, but not both. In cases where an agent participates in a
tender on behalf of one manufacturer, shall not quote on behalf of another manufacturer along with
the first Manufacturer in a subsequent/parallel tender for the same item.
1.2 Registered agents will file an authenticated Photostat copy duly attested by a Notary
Public/Original certificate of the principal confirming the agency agreement and giving the status
being enjoyed by the agent and the commission/remuneration/salary/ retainer ship being paid by
the principal to the agent before the placement of order by MDL.
1.3 Wherever the Indian representatives have communicated on behalf of their principals and the
foreign parties have stated that they are not paying any commission to the Indian agents, and the
Indian representative is working on the basis of salary or as retainer, a written declaration to this
effect should be submitted by the party (i.e. Principal) before finalizing the order.
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Annexure-B
GUIDELINES ON BANNING OF BUSINESS DEALINGS CONTENTS
Sr. Description
1. Introduction
2. Scope
3. Definitions
4. Initiation of Banning / Suspension
5. Suspension of Business Dealings
6. Ground on which Banning of Business Dealing can be initiated
7. Banning of Business Dealings
8. Removal from List of Approved Agencies-Suppliers/ Contractors etc.
9. Procedure for issuing Show-cause Notice
10. Appeal against the Decision of the Competent Authority
11. Review of the Decision by the Competent Authority
12. Circulation of the names of Agencies with whom Business Dealings have been banned
1. Introduction
1.1 MAZAGON DOCK SHIPBUILDERS LIMITED (MDL), being a Public Sector Enterprise and
‘State’, within the meaning of
Article 12 of Constitution of India, has to ensure preservation of rights enshrined in Chapter III
of
the Constitution. MDL as also to safeguard its commercial interests. MDL deals with Agencies,
who have a very high degree of integrity, commitments and sincerity towards the work
undertaken. It is not in the interest of MDL to deal with Agencies who commit deception, fraud
or
other misconduct in the execution of contracts awarded / orders issued to them. In order to
ensure compliance with the constitutional mandate, it is incumbent on MDL to observe
principles
of natural justice before banning the business dealings with any Agency.
1.2 Since banning of business dealings involves civil consequences for an Agency concerned, it is
incumbent that adequate opportunity of hearing is provided and the explanation, if tendered, is
considered before passing any order in this regard keeping in view the facts and circumstances
of
the case.
2. Scope
2.1 MDL reserves its rights to remove from list of approved suppliers / contractors or to ban
business
dealings if any Agency has been found to have committed misconduct and also to suspend
business dealings pending investigation.
2.2 Similarly, in case of sale of material there is a clause to deal with the Agencies / customers /
buyers, who indulge in lifting of material in unauthorized manner.
2.3 However, absence of such a clause does not in any way restrict the right of MDL to take
action /
decision under these guidelines in appropriate cases.
2.4 The procedure of (i) Removal of Agency from the List of approved suppliers / contractors;
(ii)
Suspension and (iii) Banning of Business Dealing with Agencies, has been laid down in these
guidelines.
2.5 These guidelines apply to all the Divisions/Yards of MDL.
2.6 It is clarified that these guidelines do not deal with the decision of the Management not to
entertain any particular Agency due to its poor / inadequate performance or for any other
reason.
2.7 The banning shall be with prospective effect, i.e., future business dealings.
3. Definitions
In these Guidelines, unless the context otherwise requires:
i) ‘Bidder / Contractor / Supplier / Purchaser / Customer’ shall mean and include a public
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limited company or a private limited company, a firm whether registered or not, an individual,
a cooperative society or an association or a group of persons engaged in any commerce,
trade, industry, etc. ‘Bidder / Contractor / Supplier / Purchaser / Customer’ in the context of
these guidelines is indicated as ‘Agency’.
ii) ‘Inter-connected Agency’ shall mean two or more companies having any of the following
features:
a) If one is a subsidiary of the other.
b) If the Director(s), Partner(s), Manager(s) or Representative(s) are common;
c) If management is common;
d) If one owns or controls the other in any manner;
iii) ‘Competent Authority’ and ‘Appellate Authority’ shall mean the following:
a) Functional Director shall be the ‘Competent Authority’ for the purpose of these
guidelines. CMD, MDL shall be the ‘Appellate Authority’.
b) CMD, MDL shall have overall power to take suo-moto action on any information
available or received by him and pass such order(s) as he may think appropriate,
including modifying the order(s) passed by any authority under these guidelines.
iv) ‘Investigating Department’ shall mean any Department or Unit investigating into the conduct
of the Agency and shall include the Vigilance Department, Central Bureau of Investigation,
the State Police or any other department set up by the Central or State Government having
powers to investigate.
v) ‘List of approved Agencies – ‘Bidder / Contractors / Suppliers / Purchasers / Customers shall
mean and include list of approved / registered Agencies - ‘Bidder / Contractors / Suppliers /
Purchasers / Customers, etc.
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informed that its conduct is under investigation. It is not necessary to enter into
correspondence or argument with the Agency at this stage.
5.6 It is not necessary to give any show-cause notice or personal hearing to the Agency
before issuing the order of suspension. However, if investigations are not complete in six
months time, the Competent Authority may extend the period of suspension by another
three months, during which period the investigations must be completed.
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i) To study the report of the Investigating Agency and decide if a prima-facie case for banning
exists, if not, send back the case to the Competent Authority.
ii) To recommend for issue of show-cause notice to the Agency by the concerned
department.
iii) To examine the reply to show-cause notice and call the Agency for personal
hearing, if required.
iv) To submit final recommendation to the Competent Authority for banning or
otherwise.
7.3 If the Competent Authority is prima-facie of view that action for banning business
dealings with the Agency is called for, a show-cause notice may be issued to the
Agency as per paragraph 9.1 and an enquiry held accordingly.
9. Show-cause Notice
9.1 In case where the Competent Authority decides that action against an Agency is called
for, a show-cause notice has to be issued to the Agency. Statement containing the
imputation of misconduct or mis-behaviour may be appended to the show-cause notice
and the Agency should be asked to submit within 15 days a written statement in its
defence.
9.2 If the Agency requests for inspection of any relevant document in possession of MDL,
necessary facility for inspection of documents may be provided.
9.3 The Competent Authority may consider and pass an appropriate speaking order:
a) For exonerating the Agency if the charges are not established;
b) For removing the Agency from the list of approved Suppliers / Contactors, etc.
c) For banning the business dealing with the Agency.
9.4 If it decides to ban business dealings, the period for which the ban would be operative
may be mentioned. The order may also mention that the ban would extend to the
interconnected Agencies of the Agency.
12. Circulation of the names of Agencies with whom Business Dealings have been banned
12.1 Depending upon the gravity of misconduct established, the Competent Authority may
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direct HOD (Materials)/OIC (SR&R) to circulate the names of Agency with whom business
dealings have been banned, to the Government Departments, other Public Sector
Enterprises, etc. for such action as they deem appropriate.
12.2 If Government Departments or a Public Sector Enterprise request for more information
about the Agency with whom business dealings have been banned, a copy of the report of
Inquiring Authority together with a copy of the order of the Competent Authority / Appellate
Authority may be supplied.
12.3 If business dealings with any Agency have been banned by the Central or State
Government or any other Public Sector Enterprise, MDL may, without any further enquiry
or investigation, issue an order banning business dealing with the Agency and its
interconnected
Agencies.
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Annexure 13
INTEGRITY PACT BANK GUARANTEE (IPBG)
(ILLUSTRATIVE FORMAT)
(On Non-Judicial stamp paper of value Rs. 500/-. However, the value of stamp paper to be confirmed
from Legal Department, MDL.)
IN CONSIDERATION OF MAZAGON DOCK LIMTED, 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 entered into an Integrity
Pact No.........dated ............(hereinafter called “the Pact”) with Messers ............................ a partnership
firm/sole proprietor business/a company registered under the Companies Act, 1956 (strike out whichever
is not applicable) having its office at ...............................(hereinafter called " the Bidder" 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) for the Bidder’s participation in the Tender
no..................................dated.............. (hereinafter called "the tender" which expression shall include any
amendments/alterations to "the tender" issued by "the Company") for the supply, delivery at site,
installation and commissioning of certain equipment, item/services/civil works etc. and the Bidder
having agreed that the Bidder shall furnish a security for the performance of the Bidder’s obligation
under the Pact and/or discharge of the Bidder’s liability in connection with the tender and the Company
having agreed with the Bidder to accept a Bank Guarantee as said security, 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 fulfilment or for any breach on the part
of the Bidder of any of the terms and conditions of the Pact and / or tender.
2. We, ............................. Bank further agree that the Company shall be sole judge whether the bidder
has failed to perform or fulfil the Pact and/or the tender in terms thereof or committed breach of any
terms and conditions of the Pact and/or the tender 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 Company 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 Bidder 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 Company 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 Pact and/or the tender or to extend time of performance by the
Bidder from time to time or to postpone for any time to time any of the powers exercisable by the
Company against the Bidder and to forbear to enforce any of the terms and conditions relating to the
Pact and/or the tender and we shall not be relieved from our liability by reason of any such variation or
extension being granted to the Bidder or for any forbearance, act or omission on the part of the Company
or any indulgence by the Company to the bidder 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 Bidder.
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ANNEXURE – 14
NON DISCLOSURE AGREEMENT
THIS NON DISCLOSURE Agreement made at Mumbai, India on this _______ day of ______2016 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 “Confidential
Information” shall mean any technical, confidential, proprietary or trade secret information or data
disclosed by the Disclosing Party in connection with the _____________________________ to the
Receiving Party including without limitation any written or printed documents, specifications for the
vessel, plans, general arrangement plans, production schedules, drawings, samples, models, information
regarding business operations, financial information, marketing strategies, either in writing or orally or
any means of disclosing such Confidential Information that the Disclosing Party may elect to use prior to
the execution or during the validity of this Agreement. The Receiving Party agrees that all Confidential
Information shall be treated as absolute confidential and the Receiving Party shall not disclose to any
person such information otherwise than in terms of this Agreement. The Receiving Party will impose a
similar duty of confidentiality on any person to whom the Receiving Party is permitted to transfer such
information in accordance with the terms hereof. For the purposes of this Agreement, the term
“Receiving Party” shall mean and include its officers, employees, directors, agents, contractors,
representatives, affiliated companies, successors and assigns.
2. Nothing in this Agreement may be construed as compelling the Disclosing Party to disclose any
Confidential Information to the Receiving Party or to enter into any contractual relationships with the
Receiving Party.
3. Any information or data in whatever form disclosed by the Disclosing Party to the Receiving Party and
which (i) is clearly identified as Confidential Information by an appropriate and conspicuous marking or
(ii) has been identified as Confidential Information at the time of disclosure shall be subject to the
relevant terms and conditions of this Agreement. The Disclosing Party’s decision whether any information
disclosed by it under this Agreement is confidential or not shall be final and binding on the Receiving
Party.
4. The Receiving Party hereby covenants that the Confidential Information received from the Disclosing
Party shall:
(a) Be safely kept by the Receiving Party; the Receiving Party shall protect the Confidential Information
with the same degree of care as the Receiving Party uses with its own confidential information in order to
prevent its disclosure, copy and / or its use (but in no event less than reasonable care) for purposes other
than the Proposal.
(b) Be only disclosed to, and used by, those employees or directors who have a need to know.
(c) Not be disclosed to a third party except those with a need to know provided they receive such
information subject to the same restrictions as are contained in this Agreement.
(d) Be used by the Receiving Party directly or indirectly, solely for the purpose of considering, evaluating
and effecting the tender/bid/contract.
5. The Receiving Party shall promptly upon requests by the Disclosing Party at any time return all copies
of the Confidential Information communicated to it hereunder together with all copies and extracts made
thereof and shall not retain any copies of the same, in any form whatsoever.
6. The Receiving Party shall have no obligations or restrictions with respect to:
(a) Information publicly known through no wrongful act of the Receiving Party.
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(b) Information rightfully disclosed by a third party without breach of this Agreement by the Receiving
Party and which can be communicated without restriction.
(c) Information which was already known or which was independently developed by the Receiving Party
(provided that the Receiving Party can demonstrate the same).
(d) Information, the disclosure of which the Disclosing Party authorizes in writing.
7. Nothing in this Agreement shall be construed as granting to the Receiving Party any patent, copyright
or design license, or rights of use under similar intellectual property rights in respect of the Confidential
Information.
8. The Receiving Party shall not without prior written consent of the Disclosing Party:
(a) Disclose to any person, directly or indirectly:
i) The fact that the Confidential Information has been made available to the Receiving Party by the
Disclosing Party or that the Receiving Party has inspected any portion of the Confidential Information; or
ii) The fact that any discussion or negotiation is taking place concerning the Proposal; or
iii) Any of the terms, conditions or other facts with respect to the Proposal, including the status thereof;
or
(b) Make any private or public announcement or statement concerning or relating to the
Proposal.
09. The Disclosing Party represents and warrants that save as otherwise notified in writing to the
Receiving Party:
a) Disclosure of information by it to the Receiving Party does not infringe the rights of any third party nor
is it under any restriction with regard to the disclosure of any information, and that where applicable, it
has obtained all licenses and consents necessary to enable the lawful disclosure of information by it to
the Recipient; and
b) It is not aware of any restriction on the use of such information by the Receiving Party, save as
provided in this Agreement.
c) To the effect that the foregoing representations and warranties shall be deemed to be given at the
date of this Agreement and after that date upon and in respect of each disclosure.
The Disclosing Party makes no warranty or representation whatsoever as to the accuracy, completeness,
suitability or adequacy of any information or as to the results obtained from it and assumes no
responsibility in respect of the use of the information by the Receiving Party.
10. The Receiving Party shall indemnify and hold harmless the Disclosing Party from and against any
action, claim or proceeding and any loss, damage, costs, expenses or liabilities arising out of any such
action, claim or proceeding, brought by any third party pursuant to any unauthorized disclosure or use of
any information by the Receiving Party, or by any person for whom the Receiving Party is responsible
under this Agreement, or pursuant to any breach of any undertaking, warranty or representation
contained in this Agreement.
11. For the purposes of this Agreement ‘Classified Information’ shall mean information, documents and
material of any kind which the respective Government i.e. Indian Government has given or caused to be
given a security classification irrespective of whether the same is transmitted orally, electronically, in
writing or by hand. Notwithstanding any other provision of this Agreement:
a) Each Party hereto undertakes to follow security procedures prescribed for military purposes with
respect to disclosure, receipt, production, use and handling of Classified Information.
b) Any Classified Information, disclosed by one Party hereto shall be, whatever the method of disclosure
be, identified by the Disclosing Party as Classified Information at the time of disclosure.
c) The provisions of this Clause are to remain in full force and effect notwithstanding any termination by
expiration or otherwise of this Agreement.
12. In the event the Receiving Party is required to disclose Confidential Information under any provision
of law or upon an action, subpoena or order of a court of competent jurisdiction or of any requirement of
legal process regulation or governmental order, decree, regulation or rule, the Receiving Party will
immediately notify the Disclosing Party of its having received a request to so disclose (along with the
terms and circumstances thereof), unless otherwise prohibited by law and consult with the Disclosing
Party on action or steps to be taken in response to such request.
13. This Agreement represents the entirety of the agreement of the Parties relating to the disclosure of
the Confidential Information and shall not be waived, amended or assigned by the Receiving Party except
by prior written consent of the Disclosing Party. No failure or delay by any party in exercising any right,
power or privilege hereunder shall operate as a waiver thereof nor shall any single or partial exercise of
any right, power or privilege. The rights and remedies herein provided shall be cumulative and not
exclusive of any rights or remedies provided by law.
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14. This Agreement shall be valid for a period of __________(______) years from the date of its execution
between the parties. Notwithstanding the aforesaid, the obligations of Parties in connection with
confidentiality under this Agreement shall survive in perpetuity.
15. The foregoing constitutes the entire Agreement between the Parties with respect to the subject
matter hereof and supersedes and cancels any prior representation, understanding and commitment
(whether oral and written) made between the Parties with respect to or in connection with any of the
matter of things to which this Agreement applies.
16. This Agreement shall be governed by and shall be interpreted in accordance with the laws of India.
17. Any dispute arising in connection with or out of the validity, performance or the interpretation of this
Agreement shall be finally settled by the competent jurisdiction in Mumbai.
18. The Receiving Party acknowledges that any breach of the terms and conditions of this Agreement may
cause the Disclosing Party irreparable damage for which recovery of money damages would be
inadequate. Therefore, the Receiving Party agrees that the Disclosing Party shall be entitled, in addition
to any other remedies available to it, to seek injunctive relief and/or other equitable relief to prevent or
restrain any breach by the Receiving Party or its employees/officials, or otherwise to protect its rights,
under this Agreement.
19. Unless otherwise provided herein, all notices or other communications under or in connection with
this Agreement shall be given in writing and may be sent by personal delivery or post or courier or
facsimile at the address as specified herein below:
To MDL
Address:
Phone No.:
Fax:
E-mail:
To __________
Address:
Phone No.:
Fax No. :
E-mail:
Any such notice or other communication will be deemed to be effective if sent by personal delivery, when
delivered, if sent by post, 4 (four) days after being deposited in the post and if sent by courier, one day
after being deposited with the courier, and if sent by facsimile, when sent (on receipt of a confirmation to
the correct facsimile number).
IN WITNESS WHEREOF, this Agreement is executed by authorized representatives of both the Parties in
two (2) originals.
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ANNEXURE – 15
(WDC to be prepared by the contractor on their letterhead & to be submitted to the certifying
authority)
The following work/s is/are completed to the satisfaction of MDL as per the above mentioned
PO and the following is certified for payment.
Date: Date
Note: This is an illustrative format of Work Done Certificate. However, the successful Bidder/s
(Contractor/s) would have to submit WDC as per the then prevailing format, at the time of
order placement. The same would be made available at appropriate time.
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ANNEXURE – 16
HINDRANCE REGISTER
(If applicable)
Sr. Nature of Activity Date of Name & Signature Action Date of Name & Designation
NO. Hindrance of Notification Taken Removal
Work by Contractors Site of Contractors Site
affected Contractor representative Executive Hindrance representative Executive
of of
MDL MDL
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ANNEXURE – 17
Bidders are required to submit the information for the past orders. Refer TEF Clause No. 4.2
Sr Work completion
N Order No. & Start date as Completion Actual Order Descriptio Order Certificate (WCC)
o. Date per order date as per completion placed by n of work value (issued by customer)
order date ref. no. & date
1
2
3
4
5
6
7
8
.
.
.
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