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Corrigendum for 3000000375

माझगाांव डॉक शिपबिल्डर्सशिशमटे ड/ MAZAGON SHIPBUILDERS DOCK LIMITED


(भारत र्रकार का उपक्रम)/ A Government of India Undertaking
डॉकयाडस रोड, माझगाांव, मांिई 400 010/ Dockyard Road, Mazagon, Mumbai 400 010.
Certified – ISO 9001/EN ISO 9001 for Shipbuilding Division
Tel. No. 2376 2220 / 2240 Fax No (022) 23721551
निववदा र्ूचिा २ भाग(( / WEB TENDER ENQUIRY (Two Bid System)
E-Procurement Portal :- http://eprocuremdl.nic.in
ववभाग/DEPARTMENT: र्ीआईटी/CIT अिभाग/SECTION: आईटीवािणाय-/IT PURCHASE
ई-निववदा/E-TENDER NO: 3000000375 ियािा जमा/EMD: Rs. 10 lakhs

निववदा ददिाांक| TENDER DATE 08.04.2019


ORIGINAL TENDER CLOSING DATE & TIME 06.05.2019 at 16.00 Hrs
REVISED TENDER CLOSING DATE & TIME 04.06.2019 at 16.00 Hrs.
ORIGINAL TENDER OPENING DATE & TIME 07.05.2019 at 10.00 Hrs
REVISED TENDER OPENING DATE & TIME 05.06.2019 at 11:00 Hrs.

1. कार्य का वििरण -Description of Work / Supplies:


MAINTENANCE CONTRACT OF SERVERS, STORAGE AND NETWORKING
EQUIPMENT’S HARDWARE AND SOFTWARE AT PRIMARY SITE, NEAR DR SITE AND
DR SITE FOR MUMBAI & BANGALORE
The Detailed Technical specification & scope of work (SoW) is attached as annexure-1

Corrigendum issued for Revised Tender Closing Date. Tender Opening Date, Revised
Pre-Qualification Criteria and Scope of Work

Revised Pre-Qualification Criteria and Scope of Work Is As Below:

1. Tender Para 4.1(iv): Replace ‘Similar completed works means requirement of


maintenance of servers, storage and Network equipment’s hardware and software at
Primary site, Near DR site and DR site’

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)

The Organization has to have experience in supporting all the quoted


technologies and should be an Authorised 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 organisation should
have Principal Trained and Certified resources in their TEAM - who can extend
support to the onsite deputed trained resources.

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.

4. Page 19, Sr no 11(i): ‘OEM/OEM authorized partner’ is replaced with ‘OEM’

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)

माझगाांव डॉक शिपबिल्डर्सशिशमटे ड/ MAZAGON SHIPBUILDERS DOCK LIMITED


(भारत र्रकार का उपक्रम)/ A Government of India Undertaking
डॉकयाडस रोड, माझगाांव, मांिई 400 010/ Dockyard Road, Mazagon, Mumbai 400 010.
Certified – ISO 9001/EN ISO 9001 for Shipbuilding Division
Tel. No. 2376 2220 / 2240 Fax No (022) 23721551

निववदा र्च
ू िा (भाग २( / WEB TENDER ENQUIRY (Two Bid System)
E-Procurement Portal :- http://eprocuremdl.nic.in

ववभाग/DEPARTMENT: र्ीआईटी/CIT अिभाग/SECTION: आईटी-वािणाय/IT PURCHASE


ई-निववदा/E-TENDER NO: 3000000375 ियािा जमा/EMD: ` 10 lakhs

निववदा ददिाांक| TENDER DATE 08.04.2019


निववदा िांद होिेका र्मय|TENDER CLOSING DATE & TIME 05.06.2019 at 16.00 Hrs. (REVISED)
निववदा खििेका र्मय| TENDER OPENING DATE & TIME 06.06.2019 at 11:00 Hrs. (REVISED)

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 |

MAZAGON DOCK SHIPBUILDERS LIMITED INVITES COMPETITIVE BIDS ONLINE on our e-


Procurement portal from reputed Bidders / Vendors in TWO BID SYSTEM (Part-I Techno
Commercial Bid and Part-II Price Bid) for the Supplies against this tender:

1. कार्य का वििरण - Description of Work / Supplies:


MAINTENANCE CONTRACT OF SERVERS, STORAGE AND NETWORKING EQUIPMENT’S
HARDWARE AND SOFTWARE AT PRIMARY SITE, NEAR DR SITE AND DR SITE FOR MUMBAI &
BANGALORE
The Detailed Technical specification & scope of work (SoW) is attached as annexure-1

2 बोलीदाताओं के ललए अनुदेश|INSTRUCTIONS TO THE BIDDERS

Salient Features of MDL’s e-Procurement System for Participating in (this) e-Tender:


2.1 Submission of bids against e-Tender: The bidder is required to quote online on the e-Procurement
website www.eprocuremdl.nic.in by the deadline, by submitting the Techno-commercial Bid & Price
Bid in Electronic format only. The prices/quotes & a few declarations shall have to be
entered/uploaded by the bidder online in the Tender’s entry forms & other bid documents’
scanned/soft copies shall have to be uploaded as part of the bid. All bids should be digitally signed
using DSC (as explained below).

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

3. INTEGRITY PACT (IP) and INTEGRITY PACT BANK GUARANTEE (IPBG):


3.1 This Pact essentially envisages the agreement between prospective bidders/vendors and buyers
committing the person/officials of both the parties not to exercise any corrupt influence on any
aspect of the contract. Only those bidders/vendors who enter into such an integrity pact with the
buyer would be considered competent to participate in the bid. Therefore, non-acceptance of
Integrity Pact by the vendors/bidders shall be the criteria for categorical rejection and no
further communication in this regard will be entertained by MDL. The format of Integrity Pact is
placed at Annexure-12 and the same is to be strictly adhered to.
3.2 Every bidder, while submitting commercial bid, shall submit an Integrity Pact Bank Guarantee
(IPBG) for the amount of Rs. 5,00,000/- (Rupees Five Lakhs only) in favour of the
principal/buyer in Indian rupees. The IPBG shall be valid up to and including 45 days after the
validity of the commercial offer (120 days + 45 days). However, bidders will be required to

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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

(ii) Mr. G.S. Bhatnagar, Email: gurdevbhatnagar29@yahoo.co.uk, Mob: 9810930056

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.

4. पूिय र्ोग्र्ता मानदं ड | PRE-QUALIFICATION CRITERIA:


4.1 Bidders should upload a scanned image of the following documents along with their e-Bid (Part I
Techno Commercial Bid) as a part of submission of their offer.

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

Three similar completed works of not less than ` 300 Lakhs


OR

Two similar completed works of not less than ` 375 Lakhs

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Tender No: 3000000375 (EY-D for DC, NDR & DR)

OR

One similar completed works of not less than ` 600Lakhs.

Similar completed works of supply installation & commissioning of components like


servers, database, storage, network and maintenance support of active components of
data center.
Bidders need to upload all documents of Work Order, Work Completion Certificate issued by the
party for whom the work is done.
Note: It is clarified that the work executed by the contractors for their in-house or capital use need
not be considered for the purpose of bidders’ experience of completion of similar works.
v. Back to back arrangement with OEM is mandatory for all except for the equipment for which
OEM declares End of Service Life (EOSL). MAF for the OEM indicating the same is to be
provided with the tender bid.

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.

This Table is attached as Annexure- 17 to this tender enquiry.


Sl No Order Start Completion Actual Order Description Order Work Completion
No & date as date as per Completion placed by of the work Value Certificate (WCC)
date per Order date ref. no. & date
Order
1

.
..

5. बोली अस्िीकृत करने की कसौटी | BID REJECTION CRITERIA:


5.a Following bids shall be categorically rejected:
i. The Bids received after tender closing date and time.
ii. Bids received without EMD (other than those who are exempt from payment of EMD) as
specified in the tender
iii. Bidders not agreeing to provide assistance for installation, testing, commissioning and other
technical activities of equipment supplied by them.
iv. In case of e-tenders, if the date of issue of EMD (DD/BG) is later than the tender closing date.
v. Bidders not agreeing to accept Integrity Pact or submitting integrity pact with deviation in
MDL format

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. बर्ाना जमा |EARNEST MONEY DEPOSIT (EMD):

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 TendersBills/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.

Beneficiary’s Name Mazagon Dock Shipbuilders Limited


Name of Bank State Bank of India
Branch Mazagon Br.
Branch Code 9054
Bank Address Mazagon Branch, Mazagon, Mumbai - 400 010.
Telephone No. of Bank 23752802
Account No. 10005255246
Account Type Current Account
IFSC Code SBIN0009054
RTGS Code SBIN0009054
NEFT Code SBIN0009054
MICR / NECS Code 400002120
Income Tax PAN No. AAACM8029J

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)

Dockyard Road, Mumbai-400010.


6.5) Timely submission of the EMD is the responsibility of the bidder and no reasons / excuses in
this regard will be entertained by MDL.
6.6) Bids will not be considered if the online details of EMD do not match with physical copies
submitted.
6.7) EMD of unsuccessful bidders will be returned after finalization of the tender and shall be
Interest free.

6.B) बर्ाना जमा प्रस्तुत करने से छूट | EXEMPTION FROM SUBMISSION OF EMD

Following bidders shall be exempt from submission of EMD:


a) State & Central Government of India departments, Public Sector Undertakings.
b) Firms Permanent registered with Mazagon Dock Shipbuilders Limited (MDL). To qualify for
EMD exemption, firms should necessarily submit VALID copy of the registration certificate
issued by MDL in Part-I offer/bid. Firms in the process of obtaining MDL registration will not
be considered for EMD exemption.
c) Firms registered with NSIC under its “Single Point Registration Scheme”. (Exemption will
apply only to items / service indicated under description of work / supplies / services &
value up to which bidders are registered with NSIC). To qualify for EMD exemption, firms
should necessarily upload valid copy and submit the copy of the registration certificate along
with the list of items/services for which they are registered, as issued by NSIC in Part-I offer
/ bid. Firms in the process of obtaining NSIC registration will not be considered for EMD
exemption.
d) All Micro and small Enterprises subject to their submission of valid registration Certificate
from competent authority regarding their Micro/Small Industry status.

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.

(A) भाग १- (तकिीकी वािणज्ायक( |Part-I (Techno-Commercial bid):

Part- I: Online Techno-commercial bid will be opened on the tender closing date/extended
closing date shall contain the following: -

7.1 COMMON DOCUMENTS:

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.

v. Bidder should scan and upload Acceptance in firm’s letterhead of:


1. Validity of Offer (TEF Clause No. 10)
2. Ready to submit Security Deposit (TEF Clause 18) & to extend the
same on MDL request.
3. Ready to extend the validity of IPBG, on MDL request.

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.

8. ननविदा खोलने की प्रक्रिर्ा | TENDER OPENING STAGES:


The participant bidders can also witness the following activity of the bids online from their
location by logging on to the e-portal with their Class-IIIB or Digital Signature Certificate of
higher version.
Techno-Commercial Bid will be opened online after the Tender closing date at the declared
time/day (or next working day if the closing date happens to be a holiday declared by MDL) by a
team of MDL’s Tender Opening Officers and subsequently price bid shall be opened in second
stage for the technically qualified bidders.
9. ननविदा के ललर्े लागू | APPLICABLE TO TENDER
Bidder shall abide by all Standard Terms and Conditions of Supply (STACS), General Terms
&Conditions (GT&C) and Tender Enquiry Form (TEF) Para 1 to 28 of Tender Enquiry, Acceptance
formats as per Annexure3,4 &5contained therein should be properly filled by the bidder along with
techno-commercial (Part-I) bid. The bidder shall also abide statutory requirements, Official Secret
Act 1923 and Safety clause as per Annexure-9.

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.

10. िैधता अिधध |VALIDITY PERIOD:


Bids / Offers shall have the validity period of 120 Days from the tender closing date. Bidders are
requested to offer 120 days validity as per Tender Terms. Technically accepted Bidder shall be given
opportunity to accept validity as per tender in case of shorter validity quoted by bidder. Non-
acceptance thereafter will be rejected by MDL as non-responsive.

11. समापन अिधध |SERVICE PERIOD:

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)

SERVICE LOCATION AS GIVEN BELOW:

(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). DR: ITI Datacenter Limited, Doorvani Nagar, Bangalore 560016

12. कार्य पूती | WORK DONE CERTIFICATE


i. All services and documents supplied as per scope at MDL shall be inspected by MDL. Only After
inspection & Acceptance by MDL Official.
ii. MDL shall carry out necessary inspection of the items on receipt in the MDL on the basis of the
Inspection documents submitted by suppliers. Any objection raised by MDL inspection team against
quality of material or workmanship shall be satisfactorily corrected by the supplier at his expenses
including replacement as may be required within shortest possible time within 2 days. Items
damaged during transit shall also be rectified or replaced by the supplier free of cost within shortest
possible time.

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

13. DOWNTIME PENALTY:

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.

14. पररननधायररत नुकसान |LIQUIDATED DAMAGES:


Time is an essence of the contract. Therefore, the job, as ordered, should be completed on the dates
mutually agreed upon in accordance with the delivery schedule. In cases of delay not attributable to
Purchaser beyond the agreed schedule, the Supplier / Contractor shall pay liquidated damages, a
sum representing 0.5% (Half percent) per week or part thereof, subject to maximum of 5% of the
final Order / Contract value. Vendor / Contractor (Seller) will also be liable to pay Liquidated
Damages for late delivery of Manuals & Documentation as agreed to by Purchaser and Supplier /
Contractor (Seller) and as stated in the Purchase Order. The amount of such damages will be clearly
defined in the Purchase Order and may extend upto 5% of the Order Value.

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Tender No: 3000000375 (EY-D for DC, NDR & DR)

15. भुगतान की शतें |TERMS OF PAYMENT:


15.1 No advance payment:
15.2 Payment for leased line (item No 9300 & 9400) will be at actual paid to BSNL/MTNL/Railtel or
price quoted whichever low.

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.

15(B). "Alternate MSME Bidder/Vendor payment through TReDS”:

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)

1."Invoicemart" TReDS platform or by registering on it.


Contact details at "Invoicemart" TReDS platform are as below:
022 6235 7373 and a new mail id service@invoicemart.com.

2. "M1xchange"
TReDS platform
or by registering on it.

Contact details at "M1xchange" TReDS platform are as below:


+91 9920455374 Ms Ashwathi Jayandran email id : ashwathi.jayandran@m1xchange.com

+91 8839915724 Ms Prinyaka Shah, email id prinyaka.shah@m1xchange.com

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.

16. भार लादने का मापदं ड |LOADING CRITERIA:


An illustration of the loading criteria for normalizing the bids, in regard to variations in payment
terms, variations in commercial terms etc for ranking of bids to judge L1 will be adopted is at
Annexure-10 attached as Illustration for loading criteria.
a. Deviations sought by the bidder in respect of variation in commercial terms and Payment
terms shall be loaded on the bidders quoted prices during price evaluation by MDL. The
loading criteria that will be adopted are detailed below:
b. It is desirable that the bidder accepts the Payment Terms indicated in clause 9 above. Varied
payment terms quoted by bidders as compared to the terms stated in the Tender document
shall be normalized by adopting 16.00% (Prime Lending Rate of SBI plus 2%) thereon on the
amount at variation and/or for the period (in number of days) at variation.
c. For additional delivery period sought by the bidder over the stipulated date of delivery as
per Tender, 0.50% per completed week will be loaded to the quoted price.
d. Deviations sought in respect of Liquidated Damages (LD): - Deviations sought in respect of
rate per week and / or maximum ceiling in respect of liquidated damages shall be loaded to
the quoted price. For example, the maximum ceiling towards liquidated damages stipulated
in the tender is 5% and the bidder seeks to limit it to, say 3.50% then the price quoted will
be loaded by 1.5%. If the rate of L.D per week is 0.5% per week or part thereof as per tender
and the bidder seeks it as, say, 0.40% per week or part thereof, the maximum ceiling on LD
as per tender will be first be equated to weeks (10 weeks in this case) and the rate proposed
by the bidder is 0.4% will be multiplied by the so equated maximum period (which works
out to 4%) and the quoted price will be loaded accordingly by 1%. Delivery being the
essence of the contract, it is desirable if the bidders adhere to the stipulated clause.

17. सुरक्षा जमा |SECURITY DEPOSIT:

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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 TendersBills/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. कर और शुल्क |TAXES & DUTIES:


18.1 GST as per GST Act 2018 shall be payable extra as quoted and agreed.

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.

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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.

20. मूल्र्/खरीद प्राथलमकता| PRICE/PURCHASE PREFERENCE:


No Price/ Purchase preference shall be given to any bidder irrespective of their status.

21. बहुत कम बोली |FREAK LOW RATES:


In case after opening of price bid of technically cleared firms, it is noted that L-1 firm has quoted
very low rates and indicates to withdraw from the tender then EMD shall be forfeited and firm may
be given tender holiday including intimation to other PSUs. If the rates quoted are less than MDL
estimates by 40% or so and if the difference in rate between L1 and L2 is 30% or more then the
firm will have to give additional BG of 20% of the PO value as additional security. Bank charges for
this additional BG shall be borne by MDL and reimbursed against proof of payment.
MDL reserves the right of part-ordering the services

22. बोललओ की िम सूची |RANKING OF BIDS:


Techno-Commercially Qualified, Overall Lowest Bidder will be considered for the placement of
order. On-line Ranking visible to the bidders after opening part II price bid is without loading
parameters. However, the Overall L1 bidder will be evaluated offline after applying all applicable
loading parameters as mentioned in the tender document and commercial terms.

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.

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Tender No: 3000000375 (EY-D for DC, NDR & DR)

23. बोललर्ों में संशोधन |MODIFICATIONS TO THE BIDS:


Bidders desirous of submitting modified bids prior to the closing date & time may do so by way of
modifying their bid online. Also bidders intending to witness the Tender opening may do so by
logging on e-procurement portal with their DSC.

24. NON DISCLOSURE AGREEMENT (NDA):


i. The participating bidders shall have to confirm NDA without any deviations on letterhead as
per prescribed format at Annexure-14 while submission of technical bid on tender due date.
ii. NDA will be signed between successful Bidder by authorized Signatory and by HOD(EY-D)
on behalf of Mazagon Dock Shipbuilders Ltd on Non-Judicial stamp paper of value Rs. 500/-
after placement of order.

25. HINDRANCE REGISTER


All hindrances with date of occurrences and removal shall be noted in the Hindrance
Register. The Hindrance Register shall be signed by the reps of both MDL as well as
Contractor.
26. एमडीएल छुट्टिर्ों पर कार्य|WORKING ON MDL HOLIDAYS:
Request for permission for working on Saturday / Sunday / holidays if required, should be
submitted 3 working days prior to the date of holiday, to Personnel department and Security
through concerned Dept.

27. लोक लशकार्त कक्ष |PUBLIC GRIEVANCE CELL:

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.

28. कंपनी नीनत | Company Policy:


MDL reserves the right to consider placement of Order / Contract in part or in full against the
tendered quantity or reject any or all tender without assigning any reason.
MDL shall not be bound by any printed conditions or provisions in the seller’s bid forms or
acknowledgement of contract, invoices and any other documents which purport to impose any
conditions at variance with the tender terms/final negotiated & accepted terms.
We look forward for your active participation in online bidding by offering your most competitive
and reasonable offer against this tender.

Yours faithfully,
For माझगाांव डॉक शिपबिल्डर्स शिशमटे ड
MAZAGON DOCK SHIPBUILDERS LIMITED,

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Tender No: 3000000375 (EY-D for DC, NDR & DR)

मख्य प्रिांधक (र्ीआईटी- वािणाय(|Manager (CIT – C)

List of Annexure

र्ांिग्िपत्र १|Annexure 1 –Scope of work

र्ांिग्िपत्र २| Annexure 2 –Rate Sheet Format.

र्ांिग्िपत्र ३| Annexure 3 - Standard Terms & Conditions (STACS) with Acceptance Format.

र्ांिग्िपत्र ४| Annexure 4 -General Terms & Conditions (GT&C) with acceptance Format.

र्ांिग्िपत्र ५| Annexure 5 -Tender Enquiry Terms Acceptance Format.

र्ांिग्िपत्र ६| Annexure 6 -Proforma of Security Deposit Bank Guarantee.

र्ांिग्िपत्र ७| Annexure 7 - Proforma Bank Guarantee for Performance.

र्ांिग्िपत्र ८| Annexure 8 - RTGS/NEFT/ECS Format.

र्ांिग्िपत्र ९ | Annexure 9 - Statutory requirements, Official Secret Act 1923 & Safety Clause.

र्ांिग्िपत्र १०| Annexure 10 - Illustration for loading criteria.

र्ांिग्िपत्र ११| Annexure 11 - Proforma Bank Guarantee Format for EMD.

र्ांिग्िपत्र १२| Annexure 12 - Integrity Pact

र्ांिग्िपत्र १३|Annexure 13– Proforma Bank Guarantee format for IPBG

र्ांिग्िपत्र १४| Annexure 14 - Non Disclosure Agreement (NDA)

र्ांिग्िपत्र १५| Annexure 15 - format of Work Done Certificate

र्ांिग्िपत्र १६| Annexure 16 - Hindrance Register

र्ांिग्िपत्र १६| Annexure 17 – Format For Past Orders Information

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Tender No: 3000000375 (EY-D for DC, NDR & DR)

Annexure -1

SCOPE OF WORK OF MAINTENANCE CONTRACT


1. The Maintenance Contract is fully comprehensive for IT Hardware, Software and Networking
Equipments at Primary Datacenter, Near DR Datacenter and DR Datacenter along with Networking
Equipments in Submarine Division that is mentioned in the Bill of Materials. It includes Preventive
and Breakdown maintenance of items mentioned in Bill of Materials for their smooth functioning.
The details of the IT Hardware, Software and Networking components along with BOQ is described
below. MDL IT Security guidelines issued from time to time shall be binding on the vendor and their
service personal/ representatives. A declaration shall be provided by successful vendor for their
compliance to these security guidelines before commencing the execution of contract.

2. The comprehensive maintenance of IT Hardware which includes troubleshooting, maintenance,


repair and replacements of all parts. If the parts / components of the same version and capacity are
not available for replacement, then the higher compatible version should be used for replacement at
no extra cost to MDL. Parts are to be replaced by bidder at no extra cost to MDL. Old faulty parts
except Hard Disks are to be cleared from MDL premises after the replacement at the earliest. The
hardware maintenance also includes updating of the firmware of the equipment whenever available
from the OEM without any additional cost. The vendor shall enter into a back to back
arrangement/contract with the OEM / OEM authorized partner for genuineness and availability of
the parts and the service. The proof of the same in the form of MAF from OEM should be provided
while bidding for the bid. In case the hardware has been declared end of life/end of support from the
OEM, the vendor should provide maintenance for the same throughout the contract period by
alternative means.

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.

4. Vendor shall be responsible for recovery of IT equipment from crash/hardware changes/any


other issues ensuring proper functioning of the equipment.

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.

iv. Re-configuration of the entire network of the Submarine Division.

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.

10. Breakdown calls:


i. For IT equipment given above, the call should be attended within 4 hours and breakdown should
be rectified within 2 working days after lodging the call. In case the repair of the hardware would
take more than two days, vendor would provide an equivalent temporary replacement at no extra
cost.

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)

List of OEM’s for Hardware & Software Items: given below…

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)

48 NETWORK Valrack Primary 1 Nos PRIMARY VALRACK


49 Autoshutdown Software through UPS Multilink 10 Nos 1 No PRIMARY VERTIV
50 Enviromental Room Monitoring Avtech Software 1 No PRIMARY AVTECH
51 Serial KVM Oxyca 2 Nos PRIMARY NOT AVAILABLE
52 Network KVM Austen 2 Nos PRIMARY NOT AVAILABLE
53 NDR-Layer 3 Fiber Switches (Cisco M4500) 2 Nos NEAR DR CISCO
54 NDR- Layer 3 Switches (Cisco 3850) 2 Nos NEAR DR CISCO
55 NDR TDPIS Method Server (Oracle SPARC T7-1) 1 Nos NEAR DR ORACLE
56 NDR TDPIS Database Server (Oracle X6) 1 Nos NEAR DR ORACLE
57 NDR TDDIS Method and Database Server (Oracle SPARC T7-1) 1 Nos NEAR DR ORACLE
58 NDR SAN Switches (EMC DS 300) 2 Nos NEAR DR DELL-EMC
59 NDR SAN Storage (EMC 5200) 1 Nos NEAR DR DELL-EMC
60 NDR Solaris OS Product Support 3 Nos NEAR DR ORACLE
61 NDR Oracle Database Ent Product Support 1 Nos NEAR DR ORACLE
62 NDR Dell AD Server (Poweredge 730) 1 Nos NEAR DR DELL-EMC
63 NDR NETAPP NAS 10TB (Netapp 2650) 1 Nos NEAR DR NETAPP
64 NDR Backup SAN Switch (EMC DS 300) 1 Nos NEAR DR DELL-EMC
65 NDR Backup Server (Dell Poweredge 730) 1 Nos NEAR DR DELL-EMC
TANDBERG
66 NDR Tape Library Neo (tandberg 24) 1 Nos NEAR DR
OVERLAND
67 NDR DRM Master Dell Server (Dell Poweredge 730) 1 Nos NEAR DR DELL-EMC
68 NDR Additional Dell Server (Dell Poweredge 730) 1 Nos NEAR DR DELL-EMC
69 NDR Backup Server Red Hat Ent Subscription (Dell Poweredge 1 Nos NEAR DR
730) REDHAT
70 NDR DRM Master Red Hat Ent Subscription 1 Nos NEAR DR REDHAT
71 NDR Additional Server Red Hat Ent Subscription 1 Nos NEAR DR REDHAT
72 NDR Sanovi DRM Subscription 1 Nos NEAR DR IBM
73 DR- Layer 3 Switches (Cisco 3850) 2 Nos DR CISCO
74 DR TDPIS Method Server (Oracle SPARC T5-1) 1 Nos DR ORACLE
75 DR TDPIS Database Server (Oracle X5) 1 Nos DR ORACLE
76 DR TDDIS Method and Database Server (Oracle SPARC T5-1) 1 Nos DR ORACLE
77 DR SAN Switches (EMC DS-300) 2 Nos DR DELL-EMC
78 DR SAN Storage (EMC 5200) 1 Nos DR DELL-EMC
79 DR Solaris OS Product Support 3 Nos DR ORACLE
80 DR Oracle Database Ent Product Support 1 Nos DR ORACLE
81 DR Dell AD Server (Dell Poweredge 730) 1 Nos DR DELL-EMC
82 DR NETAPP NAS 20TB (NETAPP 8020 FAS) 1 Nos DR NETAPP
83 DR Backup Server (Dell Poweredge 730) 1 Nos DR DELL-EMC
84 DR Backup Server OS Red Hat Linux 1 No DR REDHAT
TANDBERG
85 DR Tape Library Neo (tandberg 24) 1 Nos DR
OVERLAND
86 DR Windows Server Subscription 1 Nos DR MICROSOFT
87 DR DRM Master Dell Server (Dell Poweredge 730) 1 Nos DR DELL-EMC
88 DR DRM Master Red Hat Ent Subscription 1 No DR REDHAT
89 DR DRM Sanovi Subscription 1 No DR IBM
90 DR Router 1 (Cisco 1941) 1 Nos DR CISCO
91 DR Router 2 (Cisco 1941) 1 Nos DR CISCO
92 DR Firewall (Cyberoam 200ING) 1 Nos DR SOPHOS
PRIMARY-
93 6mbps link for 3 years old 1 AU
DR BSNL/MTNL

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

दर पत्रक |Rate Sheet


निववदा क्रमाांक |TENDER No: 3000000375

Total Cost excluding

Total Cost including


Unit Total Duration
Amc start date

Total Duration

(J)% (Rs)
amc end date

(F) = (D) - ( C)
Unit Duration

Unit Duration

(H) = (A) * (F)


Unit Qty (B)

(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)

DNS Layer 2 Switch


MON MON
15 for Primary (Cisco 2 Nos 26/03/2019 31/12/2021 PRIMARY 33 67
THS THS
2960X)
DNS IBM AD Server MON MON
16 1 Nos 19/05/2019 31/12/2021 PRIMARY 32 32
Primary (IBM 3650) THS THS
DNS OS for Active
Directory (Primary)
MON MON
17 Windows Server 1 No 19/05/2019 31/12/2021 PRIMARY 32 32
THS THS
license with 2 yrs
SA
DNS NAS 20TB
MON MON
18 Primary (NETAPP 1 Nos 26/03/2019 31/12/2021 PRIMARY 33 33
THS THS
8020 FAS)
DNS EMC NX4 3TB
MON MON
19 Primary (EMC 1 Nos 19/05/2019 31/12/2021 PRIMARY 32 32
THS THS
Celera NX4)
DNS DRM Slave
MON MON
20 Server Primary (Dell 1 Nos 26/03/2019 31/12/2021 PRIMARY 33 33
THS THS
Poweredge 730)
DNS Operating
MON MON
21 System for DRM 1 No 26/03/2019 31/12/2021 PRIMARY 33 33
THS THS
Slave (Primary)
BKP Layer 2
MON MON
22 switches Primary 2 Nos 26/03/2019 31/12/2021 PRIMARY 33 67
THS THS
(Cisco 2960X)
BKP SAN switches
MON MON
23 Primary (EMC DS 1 Nos 26/03/2019 31/12/2021 PRIMARY 33 33
THS THS
300)
BKP SAN switches
MON MON
24 Primary (EMC DS 1 Nos 19/05/2019 31/12/2021 PRIMARY 32 32
THS THS
300)
BKP Server Primary MON MON
25 1 Nos 19/05/2019 31/12/2021 PRIMARY 32 32
(IBM 3550) THS THS
BKP Operating
MON MON
26 System for Backup 1 No 19/05/2019 31/12/2021 PRIMARY 32 32
THS THS
Server Primary
BKP Backup
Software MON MON
27 1 No 19/05/2019 31/12/2021 PRIMARY 32 32
Networker THS THS
(Primary)
BKP DD 620 MON MON
28 2 Nos 19/05/2019 31/12/2021 PRIMARY 32 63
Primary THS THS
BKP DD 2500 MON MON
29 1 Nos 26/03/2019 31/12/2021 PRIMARY 33 33
Primary THS THS
BKP DD 6300 MON MON
30 1 Nos 01/02/2021 31/12/2021 PRIMARY 11 11
Primary THS THS
BKP Tape Library
MON MON
31 Tandberg Primary 1 Nos 19/05/2019 31/12/2021 PRIMARY 32 32
THS THS
(Tandberg 24)
BKP Neo Series
MON MON
32 Tandberg Primary 1 Nos 26/03/2019 31/12/2021 PRIMARY 33 33
THS THS
(Tandberg 24)
BKP Neo Series
MON MON
33 Tandberg Primary 1 Nos 01/02/2021 31/12/2021 PRIMARY 11 11
THS THS
(Tandberg 24)
SECURITY Layer 2
MON MON
34 Switches Primary 4 Nos 01/02/2021 31/12/2021 PRIMARY 11 44
THS THS
(Cisco 2960X)
SECURITY 10TB NAS
MON MON
35 Netapp Primary 1 Nos 01/02/2021 31/12/2021 PRIMARY 11 11
THS THS
(Netapp 2650)

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)

NDR SAN Storage MON MON


59 1 Nos 01/02/2021 31/12/2021 NEAR DR 11 11
(EMC 5200) THS THS
NDR Solaris OS MON MON
60 3 Nos 01/02/2021 31/12/2021 NEAR DR 11 33
Product Support THS THS
NDR Oracle
MON MON
61 Database Ent 1 Nos 01/02/2021 31/12/2021 NEAR DR 11 11
THS THS
Product Support
NDR Dell AD Server MON MON
62 1 Nos 01/02/2021 31/12/2021 NEAR DR 11 11
(Poweredge 730) THS THS
NDR NETAPP NAS MON MON
63 1 Nos 01/02/2021 31/12/2021 NEAR DR 11 11
10TB (Netapp 2650) THS THS
NDR Backup SAN
MON MON
64 Switch (EMC DS 1 Nos 01/02/2021 31/12/2021 NEAR DR 11 11
THS THS
300)
NDR Backup Server
MON MON
65 (Dell Poweredge 1 Nos 01/02/2021 31/12/2021 NEAR DR 11 11
THS THS
730)
NDR Tape Library MON MON
66 1 Nos 01/02/2021 31/12/2021 NEAR DR 11 11
Neo (tandberg 24) THS THS
NDR DRM Master
MON MON
67 Dell Server (Dell 1 Nos 01/02/2021 31/12/2021 NEAR DR 11 11
THS THS
Poweredge 730)
NDR Additional Dell
MON MON
68 Server (Dell 1 Nos 01/02/2021 31/12/2021 NEAR DR 11 11
THS THS
Poweredge 730)
69 NDR Backup Server 1 Nos 01/02/2021 31/12/2021 NEAR DR
Red Hat Ent MON MON
11 11
Subscription (Dell THS THS
Poweredge 730)
NDR DRM Master
MON MON
70 Red Hat Ent 1 Nos 01/02/2021 31/12/2021 NEAR DR 11 11
THS THS
Subscription
NDR Additional
MON MON
71 Server Red Hat Ent 1 Nos 01/02/2021 31/12/2021 NEAR DR 11 11
THS THS
Subscription
NDR Sanovi DRM MON MON
72 1 Nos 01/02/2021 31/12/2021 NEAR DR 11 11
Subscription THS THS
DR- Layer 3
MON MON
73 Switches (Cisco 2 Nos 26/03/2019 31/12/2021 DR 33 67
THS THS
3850)
DR TDPIS Method
MON MON
74 Server (Oracle 1 Nos 26/03/2019 31/12/2021 DR 33 33
THS THS
SPARC T5-1)
DR TDPIS Database MON MON
75 1 Nos 26/03/2019 31/12/2021 DR 33 33
Server (Oracle X5) THS THS
DR TDDIS Method
and Database MON MON
76 1 Nos 26/03/2019 31/12/2021 DR 33 33
Server (Oracle THS THS
SPARC T5-1)
DR SAN Switches MON MON
77 2 Nos 26/03/2019 31/12/2021 DR 33 67
(EMC DS-300) THS THS
DR SAN Storage MON MON
78 1 Nos 26/03/2019 31/12/2021 DR 33 33
(EMC 5200) THS THS
DR Solaris OS MON MON
79 3 Nos 26/03/2019 31/12/2021 DR 33 100
Product Support THS THS
DR Oracle Database
MON MON
80 Ent Product 1 Nos 26/03/2019 31/12/2021 DR 33 33
THS THS
Support
DR Dell AD Server
MON MON
81 (Dell Poweredge 1 Nos 26/03/2019 31/12/2021 DR 33 33
THS THS
730)

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)

230. RECOVERY-ADJUSTMENT PROVISIONS:


231. Payment made under one order shall not be assigned or adjusted to any other order except to the
extent agreed upon in writing by the Purchaser. During the currency of the contract, if any sum of money
is payable by the Bidder / Contractor the same shall be deducted from any sum then due or thereafter
may become due to the Bidder / Contractor under the contract or any other contract with the Purchaser.
240. ADDITIONAL BANK GUARANTEE
241. In case after opening of price bid of technically cleared firms, it is noted that L-1 firm has quoted
very low rates and indicates to withdraw from the tender then EMD shall be forfeited and firm may be
given tender holiday including intimation to other PSUs. If the rates quoted are less than MDL estimates
by 40% or so and if the difference in rate between L1 and L2 is 30% or more then the firm will have to
give additional BG of 20% of the PO value as additional security. Bank charges for this additional BG shall
be borne by MDL and reimbursed against proof of payment.
250. INDEMNIFICATION
251. The Contractor / Bidder, his employees, licencees, agents or Sub-Supplier / Sub-contractor, while on
site of the Purchaser for the purpose of this contract, indemnifies the Purchaser against direct damage
and/ or injury to the property and/or the person of the Purchaser or that of Purchaser's employees,
agents, Sub-Contractors / Suppliers occurring and to the extent caused by the negligence of the
Contractor / Bidder, his employees, licencees, agents or Sub-contractor by making good such damages to
the property, or compensating personal injury and the total liability for such damages or injury shall be as
mutually discussed and agreed to.
260 TRANSFER OF SUPPLIER’S / CONTRACTOR’S RIGHTS:
261. The Contractor / Bidder shall not either wholly or partly sell, transfer, assign or otherwise dispose
of the rights, liabilities and obligations under the contract between him and the Purchaser without prior
consent of the Purchaser in writing.
270 SUBCONTRACT & RIGHT OF PURCHASER
271. The Contractor / Bidder shall under no circumstances undertake or subcontract any work / contract
from or to any other Sub-contractor without prior written approval of the Competent Authority of
Purchaser. In the event it is found that such practice has been indulged in, the contract is liable to be
terminated without notice and the Contractor / Bidder is debarred all from future tender enquiries /
work orders. However in no circumstances a contractor is permitted to subcontract any part of the
contract to the bidders who had quoted for the concerned tender.
280. PATENTRIGHTS.
281. The Contractor / Bidder shall hold harmless and keep the Purchaser indemnified against all claims
arising as a result of infringement of any patent / copy rights on account of manufacture, sale or use of
articles covered by the order.
290. AGENTS / AGENCY COMMISSION:
291. The seller confirms and declares to the buyer that the seller is the original manufacturer or
authorized distributor/stockiest of original manufacturer of the stores referred to in this contract and has
not engaged any individual or firm, whether Indian or foreign whatsoever, to intercede, facilitate or in
any way to recommended to the Buyer or any of its functionaries, whether officially or unofficially , to the
award of the Contract / Purchase order to the Seller; nor has any amount been paid, promised or
intended to be paid to any such individual or firm in respect of any such intercession, facilitation or
recommendation.
The Seller agrees that if it is established at any time to the satisfaction of the Buyer that the present
declaration is in any way incorrect or if at a later stage it is discovered by the Buyer that the Seller has
engaged any such individual/firm, and paid or intended to pay any amount, gift, reward , fees,
commission or consideration to such person, party, firm or institution , whether before or after the
signing of this Contract / Purchase order, the Seller will be liable to refund that amount to the Buyer.
The seller will also be debarred from participation in any RFQ/Tender for new projects/program with
Buyer for a minimum period of five years.
The buyer will also have a right to consider cancellation of the Contract either wholly or in part, without
any entitlement or compensation to the Seller who shall in such event be liable to refund all payments
made by the buyer in terms of the Contract along with interest at the rate of 2% per annum above LIBOR
(London Inter Bank Offer Rate) (for foreign vendors) and base rate of SBI plus 2% (for Indian Vendors).

33
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.

300. USE OF UNDUE INFLUENCE / CORRUPT PRACTICES:


301.The Contractor / Bidder undertakes that he has not given, offered or promised to give, directly or
indirectly any gift, consideration, reward, commission, fees, brokerage or inducement to any person in
service of the Purchaser or otherwise in procuring the contract or forbearing to do or for having done or
forborne to do any act in relation to the obtaining or execution of the Contract with the Purchaser for
showing or forbearing to show favour or disfavour to any person in relation to the Contract or any other
Contract with the Purchaser. Any breach of the aforesaid undertaking by the Contractor / Bidder or any
one employed by him or acting on his behalf (whether with or without the knowledge of the Contractor /
Bidder) or the commission of any offence by the Contractor / Bidder or any one employed by him or
acting on his behalf, as defined in Chapter IX of the Indian Penal Code, 1980 or the Prevention of
Corruption Act, 1947 or any other Act enacted for the prevention of corruption shall entitle the Purchaser
to cancel the contract and all or any other contracts with the Contractor / Bidder and recover from the
Contractor / Bidder the amount of any loss arising from such cancellation.

A decision of the Purchaser or his nominee to the effect that a breach of the undertaking has been
committed shall be final and binding on the Contractor / Bidder.

302. The Contractor / Bidder shall not offer or agree to give any person in the employment of Purchaser
any gift or consideration of any kind as "Inducement" or "reward" for doing or forbearing to do or for
having done or 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.

320. EXPORT LICENCE

34
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.

340. DUTY OF PERSONNEL OF SUPPLIER / SUPPLIER


341. MDL being a Defence Organization, Contractor / Bidder undertakes that their personnel deployed in
connection with the entrusted work will not indulge in any activities other than the duties assigned to
them.
350. DISPUTE RESOLUTION MECHANISM AND ARBITRATION
351. DISPUTE RESOLUTION MECHANISM (DRM)
i) Any dispute/differences between the parties arising out of and in connection with the contract shall be
settled amicably by mutual negotiations. ii) In case of non-settlement by (i) above, if at any time, before,
during or after the contract period any unsettled claim, dispute or difference arose between the parties,
upon or in relation to or in connection with or in any way touching or concerning this
tender/agreement/order/contract, the same shall be referred to the concerned Functional Director.
The Functional Director shall then nominate an Executive of the rank of General Manager whom he
thinks fit and competent or a Committee of Executives who/which shall then scrutinise the
claims/disputes that have been referred to the concerned functional Director and make efforts for
amicable settlements by mutual discussions/negotiations.
iii) In case no amicable settlement is arrived by (ii) above within a period of three months, then the
contractor shall approach Public Grievance Cell and address the disputes as per the provisions made
under the relevant clause of the contract.
iv) In case the issues/disputes do not get settled within a period of six months from the date of
submission of the dispute to the Grievance Cell, then the contractor may invoke Arbitration Clause of the
contract.
352. ARBITRATION.
Unresolved disputes/differences, if any, shall then be settled by arbitration. The Arbitration proceedings
shall be conducted at Mumbai, India, in English Language, under the Arbitration & Conciliation Act, 1996.
MDL prefers to have arbitration through Institutes such as Indian Council of Arbitration (ICA)/ICA-DR,
with the mutual consent of the parties.
353. In case of unresolved difference/dispute between the Purchaser and Supplier, being Central Public
Sector Enterprises/Central Govt. departments, the disputes shall be resolved firstly
through mutual discussion or through the empowered agencies of the Govt. or through arbitration by
reference by either party to the department of Public Enterprises, as per extant guidelines. If
disputes/differences remain unresolved/unexecuted, the same shall be referred first to the Cabinet
Secretariat and then, if necessary to the PMO.
360. JURISDICTION OF COURTS
361. All contracts shall be deemed to have been wholly made in Mumbai and all claims there under are
payable in Mumbai City and it is the distinct condition of the order that no suit or action for the purpose
of enforcing any claim in respect of the order shall be instituted in any Court other than that situated in
Mumbai City, Maharashtra State, India i.e. courts in Mumbai shall alone have jurisdiction to decide upon
any dispute arising out of or in respect of the contract.
370. CONTRACT LABOUR (REGULATION & ABOLITION) ACT 1970
371. Contractor / Bidder shall obtain licence under Section 12 and 13 of the Contract Labour (Regulation
& Abolition) Act, 1970 and rules made there under and the same should be kept valid atleast until the
expiry of contract with Purchaser. The registration and Licence under the Contract Labour (Regulation
and Abolition) Act 1970 shall be renewed in time every year and if work continues for more than a year, a
copy of the Licence is produced as and when demanded by the concerned authorities of Purchaser.

35
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.

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Tender No: 3000000375 (EY-D for DC, NDR & DR)

440. POLICE VERIFICATION OF EMPLOYEES


441. Contractor / Bidder shall have to produce and submit to the Chief Security Officer of Purchaser,
verification through Mumbai Police of Character and Antecedents of their employees / workers for while
working on ships under construction in Purchaser’s Yards, for working onboard ships under
modernisation / refit / repairs at Mumbai Ports / Naval Dockyard. Entry passes will not be issued in the
absence of Police Verification Report and employees without Police Verification shall not be employed by
them in Purchaser’s Yard / Mumbai Ports / Naval Dockyard and any lapse on the part of Contractor
/Bidder shall be viewed seriously as per applicable laws of the land. Employment of any Foreign National
during the contract period would be permitted with prior permission of Purchaser.

450
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)

STACS ACCEPTANCE FORMAT


To,
MAZAGON DOCK SHIPBUILDERS LIMITED
IT PURCHASE SECTION.

TENDER ENQUIRY No. 3000000375


STACS BIDDER’S STACS BIDDER’S STACS BIDDER’S
CLAUSE No. REMARK CLAUSE No. REMARK CLAUSE No. REMARK

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

101 281 381


102 291 382
103 301 383
121 302 391
201 303 401
211 310 NA 402
212 321 NA 403
213 331 411
221 341 412
222 351 413
231 352 421
241 361 422
243 371 431
251 372 432 NA
261 373 441
271 - 451
 NA- Not Applicable

COMPANY’S NAME &ADDRESS:


_____________________________ SIGNATURE:
DATE:
_____________________________ NAME:
DESIGNATION:
_____________________________ BIDDER’S COMPANY SEAL:

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

GENERAL TERMS & CONDITIONS (GT&C) FOR ITEMS & SERVICES


(EXCLUDING CIVIL WORKS)
A10. BLANK

A20. SECURITY DEPOSIT.


A21. The successful bidder shall submit a Security Deposit @ 5 % of the contract / order value (excluding
taxes, duties, freight, service component) of the Order in the form of NEFT / Demand Draft / Bank
Guarantee in the prescribed format in favour of Purchaser within 25 days from date of Contract. The
Security Deposit will be returned only after the successful execution of the order / contract. Refund of
Security Deposit whenever considered admissible by the Purchaser, shall be without interest only.

A30. FORFEITURE OF EMD / BID BOND.


A31. In cases of withdrawal of bid during validity period or during any extension granted thereof, non
acceptance of agreed conditions of Technical and or Commercial and or Price Negotiations, non-
submission of the security deposit and / or non-acceptance of the order the EMD or bid security will be
forfeited or encashed as the case may be.

A40. FORFEITURE OF SECURITY DEPOSIT.


A41. Non-performance of agreed terms and or default/breach by Bidder/Supplier/Contractor will result
in forfeiture of security deposit with application of risk purchase provisions as felt appropriate by the
Purchaser.

A50. FORFEITURE OF PERFORMANCE GUARANTEE


A51. In the event of Bidder/Supplier/Contractor failure to attend the Guarantee defects within a
reasonable period of time, the Performance Bank Guarantee will be encashed by the Purchaser. The
Purchaser’s decision shall be final and binding on Bidder/Supplier/Contractor in this regard.

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

A70. PROGRESS REPORTING & MONITORING


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

A80. CANCELLATION OF ORDER


A81. The Purchaser reserves the right to cancel an order forthwith without any financial implications on
either side, if on completion of 50% of the scheduled delivery/Completion period the progress of
manufacture/Supply is not to the satisfaction of Purchaser and failure on the part of the
Bidder/Supplier/Contractor to comply with the delivery schedule is inevitable. In such an event the
Bidder/Supplier/Contractor shall repay all the advances
together with interest at prevailing bank rates from the date of receipt of such advances till date of
repayment. The title of any property delivered to Purchaser will be reverted to the
Bidder/Supplier/Contractor at his cost.
A82. In case of breach / non-compliance of any of the agreed terms & conditions of order / contract. MDL
reserves the right to recover consequential damages from the Supplier / contractor on account of such
premature termination of contract.
A83. In case of delay beyond agreed period for liquidated damages or 10weeks from contractual delivery
period whichever is earlier, MDL reserves the right to cancel the order and procure the order items /
services from any available source at MDL’s option & discretion and entirely at your risk and cost. Extra
expenditure incurred by MDL in doing will be recoverable from Bidder/Supplier/Contractor.

A90. # PRESERVATION AND MAINTENANCE


A91. Should any material require any l preservation till its final installation/fitment, the detailed
procedure (Long term & short term) for the same as also the time of interval after which the state of
preservation needs to be reviewed is to be stated by the Bidder/Supplier/Contractor.
A92. Further the de-preservation prior to the material/equipment being commissioned and the
maintenance procedure together with its periodicity is also to be indicated by the Bidder / Supplier /
Contractor.

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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

A100. FREIGHT AND INSURANCE.


A101. For Indigenous Bidders. In cases where the offers are for 'Door Delivery to Purchaser,' transit
freight & Insurance charges shall be borne by the Bidder / Supplier / Contractor. In other agreed cases of
Ex-works / Ex-Transporter's warehouse or Railway godown offers, the Bidder / Supplier / Contractor on
dispatch, shall give details of materials with dispatch particulars and their value in time to Purchaser's
Insurance Company on the contact details as provided in the order. In such agreed cases, the freight &
insurance charges will be paid by the purchaser directly to the parties concerned.
A102. For Foreign Bidders.
For overseas supplies on CIF basis. Freight & Insurance up to port of destination (Sea/Air) shall be
arranged by the Supplier/Contractor. The Bidder / Supplier / Contractor shall immediately on despatch
of the items, inform all relevant details of despatch such as Order Number, Bill of Lading/AWB Number
marked as Freight Paid, Insurance policy/document, number of packages, value of consignment, invoice
number directly to Purchaser's
insurance Company & Purchaser in time. In case of delivery term other than CIF/CIP, the freight &
insurance charges will be paid by the purchaser directly to the parties concerned.

A110. TAXES & DUTIES / STATUTORY LEVIES.


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

A112. Stamp Duty (Applicable only for the Work Contracts): It shall be incumbent on the successful
tenderer to pay Stamp duty on the contract. As per the provision made in article 63, Schedule-I, read with
section 30, of the Maharashtra Stamp Act (Bombay Act LX of 1958), Stamp duty is payable by the
successful tenderer for “works contract” that is to say, a contract for works and labour or services
involving transfer of property in goods (whether as goods or in some other form) in its executions and
includes a sub-contract, as under:
Contract Value Stamp Duty

41
Tender No: 3000000375 (EY-D for DC, NDR & DR)

a. Where the amount or value said


forth in work contract does not exceed
Rs. 10 Lakhs.
Rs. 500.00
c. Where it exceeds rupees 10 Lakhs Rs. 500.00 +1% of the amount
above ten lakhs subject to maximum
of Rs. 25 lakhs.

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

A130. # INSPECTION, TESTING.


A131. The ordered items will be inspected either by Classification Society / Nominated Agency and or by
Inspection Executive nominated by Purchaser at stages defined in the tender / Purchase Order or as
agreed to be defined subsequently in terms of the Purchase Order__
A132 The decision of the Inspecting Authority or their representatives, as the case may be, on any
question of the intent, meaning and the scope of Specifications / Standards shall be final, conclusive and
binding on the Bidder/ Supplier / Contractor.
A133. The Bidder / Supplier / Contractor shall accord all facilities to Purchaser's Inspectors / Nominated
Agency to carry out Inspection / Testing during course of manufacture / final testing.

A140. RECEIPT INSPECTION BY MDL.


A141. MDL shall carry out necessary inspection of the items on receipt, on the basis of an appropriate
quality assurance system and inspection system requirements along with representative of the Owner.
Any objection raised by MDL Quality Control Team against quality of materials or workmanship shall be
satisfactorily corrected by the Contractor at his expense including replacement as may be required within
shortest possible time within
30 days. Items damaged during transit shall also be rectified/replaced by the Contractor within shortest
possible time, payment for which shall be made at mutually agreed rates.

A150. REJECTION OF MATERIALS.


A151. Should the articles, or any portion thereof of the equipment be found defective / rejected, the
Bidder / Supplier / Contractor shall collect the same from the Purchaser's Stores, all incidental charges
being borne by him (inclusive of Custom duty, if payable), within 30 days from the date of intimation to
the Bidder / Supplier / Contractor of such rejection. The Purchaser reserves the right to dispose off the
rejected items at the end of a total period of 90 days in any manner to the best advantage to the Purchaser
and recover storage charges and any consequential damages, from sale proceeds of such disposal.

A160. # TECHNOLOGICAL DEVELOPMENTS / MODIFICATIONS


A161. The Bidder / Supplier / Contractor shall unconditionally and free of cost to the Purchaser transfer
information on technological developments / innovations / modifications which the Bidder / Supplier /
Contractor would evolve in future (within 3 years) in relation to the supplied equipment. To enable this,
the Purchaser's address shall be added to the Bidder / Supplier / Contractor 's mailing list or database or
any other document maintained for dissemination of product information and the Purchaser shall be
informed of the action taken in this regard. If such improvements / modifications are brought in by the
Bidder / Supplier / Contractor’s Design Department in the course of manufacture of equipment ordered
by the Purchaser, the Bidder / Supplier / Contractor shall incorporate such improved versions in the
equipment without any extra cost to the Purchaser under Purchaser’s prior consent.
A162. If the Purchaser be desirous of getting incorporated all post supply modifications / improvements
arising out of technological developments to the original equipment supplied by the Bidder / Supplier /
Contractor, the Bidder / Supplier / Contractor, shall quote for and carry out all such modifications to the
equipment.
A163. Where the whole or a portion of the equipment has been specifically developed by the Bidder /
Supplier / Contractor for the Owner and the latter would through the Purchaser be bearing the entire or
part of the development cost incurred by the Bidder / Supplier / Contractor, the design rights for the
whole or portion thereof, of the equipment as appropriate, shall vest in the Owners.
A164. Prior approval of the Owner should be obtained before similar articles are sold / supplied to any
other party other than the Owner. If such approval is given and sale is effected, the Bidder / Supplier /
Contractor shall pay to the Owner royalty at the rate mutually agreed to.

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.

A180. # BANK GUARANTEE / INSURANCE COVER FOR FREE ISSUE MATERIAL


A181. The Bidder / Supplier / Contractor shall furnish Bank Guarantee / insurance Cover equivalent to
the value of materials supplied by MDL free of cost valid up to the execution of the contract / delivery of
material, inspected / accepted and receipt at MDL together with the material reconciliation statement
whichever is later.

A190 BIDDER’S RESPONSE IN CASE OF NO PARTICIPATION


A191 The Sub-contractor / Supplier / Supplier shall inform the Purchaser in advance in case he is unable
to participate in the tender for whatsoever reason. Failure to comply with this will be viewed seriously
and consecutive three failures on the part of Sub-contractor / Supplier / Supplier to do so is liable for
disqualification / debarring of the Sub-contractor / Supplier / Supplier from all future tender enquiries
and or delisting from the list of 'Approved Registered Suppliers.

A200. FACILITY PROVISION (Applicable only for Services)


A201. The Purchaser would consider providing facilities like - compressed air at one point, cranage
facility for handling heavy loads for lowering onto the ship and water intended for use by the Contractor /
Bidder for execution of contract for working within the Purchaser’s premises at no extra cost to the
Contractor / Bidder. Industrial gases, electrical power, office space / RU store facility may be provided at
one point only if possible and available and on chargeable basis if so desired by the Contractor / Bidder.
The contractor / Bidder shall make his own arrangements for fixing necessary fittings, wires, welding
machines, transformer, etc for power, connecting lines, storage etc for water and necessary fittings, pipes,
breaker, hoses etc for compressed air.

A210. INDIGENIZATION BANK GUARANTEE (INDBG)


A211. The successful bidder shall submit a INDBG @ 1% of the value of the Order (excluding taxes &
duties) in the form of Demand Draft / SWIFT/ Bank Guarantee in the prescribed format in favour of
Purchaser within 25 days from date of Order / Contract. Delay in submission of INDBG will entail interest
rate & will be deducted as per the prevailing rate declared by HOD(F)’s Circular (for foreign supplier it
will be EUROBOR/LIBOR plus 2% &
for Indian suppliers, it will be SLR plus 2%). The INDBG shall be valid upto Guarantee Period plus 4
weeks. The INDBG will be returned only after the successful completion of Indigenization & guarantee
period of equipment. Refund of INDBG whenever considered admissible by the Purchaser, shall be
without interest only.
A212. In case Price Preference is considered, the INDBG shall be for the value equivalent to the difference
between quoted value of L1 & negotiated value of L2 (excluding taxes & duties).

A220 FORFEITURE OF INDIGENIZATION BANK GUARANTEE (INDBG)


A221. Non-performance of agreed terms and or default/breach by Bidder/Supplier/Contractor will result
in forfeiture of INDBG with application of risk purchase provisions as felt appropriate by the Purchaser.

A230 PREFERENCETIAL PURCHASE FROM MSE VENDORS:


MDL has right to place order on MSE firm meeting following criteria:
In tenders, if participating MSEs quoted prices are within price band of L1+15%, such MSEs shall also be
allowed to supply a portion up to 20% of requirement by bringing down their prices to L1 price where L1
is non MSEs. If more than 1 MSEs fall under such criteria then this 20% shall be distributed
proportionally. This preference shall not be applicable where MSE firm is L1 firm. % out of 20 percent
target of annual procurement from Micro and Small Enterprises, a sub-target of 20 percent (i.e 4 percent
out of 20 percent) shall be earmarked for procurement from Micro and Small Enterprises owned by the
Scheduled Caste or the Scheduled Tribe Entrepreneurs. In respect of items reserved for MSE, extant
guidelines shall be followed. Presently Circular No. S.O. 581(E) dated 23.03.2012 is applicable.
*********************************************************************************

43
Tender No: 3000000375 (EY-D for DC, NDR & DR)

ACCEPTANCE FORM FOR GENERAL TERMS AND CONDITIONS


To,
MAZAGON DOCK SHIPBUILDERS LIMITED
IT PURCHASE SECTION.
TENDER ENQUIRY No. 3000000375

GT&C BIDDER’S GT&C BIDDER’S GT&C BIDDER’S


CLAUSE No. REMARK CLAUSE No.. REMARK CLAUSE No.. REMARK

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

A21 A93 A162


A31 A101 NA A163
A41 A102 NA A164
A51 A111 A165 NA
A61 A121 NA A171
A71 A131 NA A181 NA
A81 A132 NA A191
A82 A133 NA A201 NA
A83 A141 A210 NA
A91 A151 A220 NA
A92 A161 A230 NA

COMPANY’S NAME &ADDRESS:


_____________________________ SIGNATURE:
DATE:
____________________________ NAME:
DESIGNATION:
___________________________ BIDDER’S COMPANY SEAL:

NOTES:
1. Bidders should carefully read the Terms & Conditions of the Tender Enquiry Form (TEF)
prior to filling up this acceptance format..
2. This format should be properly filled, signed and returned by the bidder(s) 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

TEF ACCEPTANCE FORMAT

To,
MAZAGON DOCK SHIPBUILDERS LIMITED
IT PURCHASE SECTION.

TENDER ENQUIRY No. 3000000375


TEF BIDDER’S TEF BIDDER’S TEF BIDDER’S
CLAUSE No. REMARK CLAUSE No. REMARK CLAUSE REMARK
No.
ACC. / DEV. ACC. / DEV. ACC. / DEV.

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

COMPANY’S NAME &ADDRESS:


_____________________________ SIGNATURE :
DATE :
____________________________ NAME :
DESIGNATION :
___________________________ BIDDER’S COMPANY SEAL:

NOTES :
1. Bidders should carefully read the Terms & Conditions of the Tender Enquiry Form (TEF)
prior to filling up this acceptance format.
2. This format should be properly filled, signed and returned by the bidder(s) 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

PROFORMA BANK GUARANTEE FOR SECURITY DEPOSIT(ILLUSTRATIVE FORMAT)


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

IN CONSIDERATION OF MAZAGON DOCK SHIPBUILDERS LIMTED, a company incorporated under the


Companies Act1956 and having its registered office at Dockyard Road, Mumbai 400010 (hereinafter
referred to as the “the Purchaser” which expression shall, unless it be repugnant or contrary to the
subject or context thereof, be deemed to mean and include its successors and assigns) having placed an
order on Messers............................ a partnership firm/sole proprietor business/a company registered under
the Companies Act, 1956 having its office at ............................ (hereinafter called " the Contractor/ Supplier"
which expressions hall, unless it be repugnant or contrary to the subject or context thereof, be deemed to
mean and include its successors and assigns) vide order No....................... dated.............. (hereinafter called
"the order" which expression shall include any amendments/alterations to "the order" issued by "the
Purchaser") for the supply ,delivery at site, installation and commissioning of certain equipment,
item/services/civil works etc. as stated in the said Order and the Purchaser having agreed with the
Contractor/Supplier to accept a Bank Guarantee inlieu of Security Deposit payable under the said order
for the fulfillment and performance of the said order, 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 Purchaser without any demur on first demand an amount not
exceeding Rs........... (Rupees.............................only) being5% of the order value against any loss or damage,
costs, charges and expenses caused to or suffered by the Purchaser by reason of non performance and
non-fulfillment or for any breach on the part of the Contractor /Supplier of any of the terms and
conditions of the said order.
2. We, ............................. Bank further agree that the Purchaser shall be sole judge whether the said
Contractor/Supplier has failed to perform or fulfill the said order in terms thereof or committed breach of
any terms and conditions of the order and the extent of loss, damage, cost, charges and expenses suffered
or incurred or would be suffered or incurred by the Purchaser on account thereof and we waive in the
favour of the Purchaser all the rights and defences to which we as guarantors may be entitled to.
3. We, ................................. Bank further agree that the amount demanded by the Purchaser as such shall
befinal and binding on the Bank as to the Bank 's liability to pay and the amount demanded and the Bank
undertake to pay the Purchaser the amount so demanded on first demand and without any demur
notwithstanding any dispute raised by the Contractor/Supplier or any suit or other legal proceedings
including arbitration pending before any court, tribunal or arbitrator relating thereto, our liability under
this guarantee being absolute and unconditional.
4. We, .................................. Bank further agree with the Purchaser that the Purchaser shall have the fullest
liberty without our consent and without affecting in any manner our obligations hereunder to vary any of
the terms and conditions of the said order/or to extend time of performance by the Supplier from time to
time or to postpone for any time to time any of the powers exercisable by the Purchaser against the
Contractor/ Supplier and to forbear to enforce any of the terms and conditions relating to the order and
we shall not be relieved from our liability by reason of any such variation or extension being granted to
the Contractor/ Supplier or for any forbearance, act or omission on the part of the Purchaser or any
indulgence by the Purchaser to the Contractor/Supplier or by any such matter or things whatsoever
which under the law relating to sureties would have the effect of relieving us.
5. We, ........................................ Bank further undertake not to revoke this guarantee during its currency except
with the previous consent of the Purchaser in writing.
6. We, ......................................... Bank also agree that the Bank’s liability under this guarantee shall not be
affected by any change in the constitution of the Contractor / Supplier or dissolution or winding up of the
business of the
7. Notwithstanding anything contained herein above:
i) Our liability under this guarantee shall not exceed Rs..........
ii) This Bank Guarantee shall be valid upto and including .......; and
iii) We are liable to pay the guarantee amount or any part thereof under this Bank Guarantee only and
only if you serve upon us a written claim or demand on or before ………….(validity + ---weeks from the
date of expiry of this guarantee).

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 ......................

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.

47
Tender No: 3000000375 (EY-D for DC, NDR & DR)

ANNEXURE –7

PROFORMA BANK GUARANTEE FOR PERFORMANCE


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

IN CONSIDERATION OF MAZAGON DOCK SHIPBUILDERS LIMTED, a company incorporated under the


Companies Act1956 and having its registered office at Dockyard Road, Mumbai 400010 (hereinafter
referred to as the “thePurchaser” which expression shall, unless it be repugnant or contrary to the subject
or context thereof, bedeemed to mean and include its successors and assigns) having placed an order on
Messers............................ a partnership firm/sole proprietor business/a company registered under the
Companies Act, 1956 having its Registered office at .................. (hereinafter called the Contractor/ Supplier
which expression shall, unless it be repugnant or contrary to the subject or context thereof, be deemed to
mean and include its successors and assigns) vide order No.......................dated.............. (hereinafter called
"the order" which expression shall include any amendments/alterations to "the order" issued by "the
Purchaser") for the supply , delivery at site, installation and commissioning of certain equipment,
item/services/civil works etc. as stated in the said Order and the Purchaser having agreed that the
Contractor / Supplier shall furnish a security for the performance of the Contractor’s / Supplier's
obligations and/or discharge of the Contractor’s / Supplier's liability in connection with the said order
and the Purchaser having agreed with the Contractor/Supplier to accept a performance guarantee, We,
.................................................... Bank having office at ............................. (hereinafter referred to as "the Bank" which
expression shall includes its successors and assigns) hereby agree to pay to the Purchaser without any
demur on first demand an amount not exceeding Rs........... Rupees ........... only) being 10% of the order
value against any loss or damage, costs, charges and expenses caused to or suffered by the Purchaser by
reason of non-performance and non-fulfilment or for any breach on the part of the Contractor / Supplier
of any of the terms and conditions of the said order.
2. We, ............................. Bank further agree that the Purchaser shall be sole judge whether the said
Contractor/Supplier has failed to perform or fulfil the said order in terms thereof or committed breach of
anyterms and conditions of the order and the extent of loss, damage, cost, charges and expenses suffered
or incurred or would be suffered or incurred by the Purchaser on account thereof and we waive in the
favour ofthe Purchaser all the rights and defences to which we as guarantors may be entitled to.
3. We, ................................. Bank further agree that the amount demanded by the Purchaser as such shall be
final and binding on the Bank as to the Bank 's liability to pay and the amount demanded and the Bank
undertake to pay the Purchaser the amount so demanded on first demand and without any demur
notwithstanding any dispute raised by the Contractor/Supplier or any suit or other legal proceedings
includingarbitration pending before any court, tribunal or arbitrator relating thereto, our liability under
this guaranteebeing absolute and unconditional.
4. We, .................................. Bank further agree with the Purchaser that the Purchaser shall have the fullest
liberty without our consent and without affecting in any manner our obligations hereunder to vary any of
theterms and conditions of the said order/or to extend time of performance by the Supplier from time to
time or to postpone for any time to time any of the powers exercisable by the Purchaser against the
Contractor / Supplier and to forbear to enforce any of the terms and conditions relating to the order and
we shall not be relieved from our liability by reason of any such variation or extension being granted to
the Contractor/ Supplier or for any forbearance, act or omission on the part of the Purchaser or any
indulgence by the Purchaser to the Contractor/Supplier or by any such matter or things whatsoever
which under the law relating to sureties would have the effect of relieving us.
5. We, ........................................ Bank further undertake not to revoke this guarantee during its currency except
with the previous consent of the Purchaser in writing.
6. We, ......................................... Bank also agree that the Bank’s liability under this guarantee shall not be
affected by any change in the constitution of the Contractor / Supplier or dissolution ………………………………
7. Notwithstanding anything contained herein above:
i) Our liability under this guarantee shall not exceed Rs..........
ii) This Bank Guarantee shall be valid upto and including .......; and
iii) We are liable to pay the guarantee amount or any part thereof under this Bank Guarantee only and
only ifyou serve upon us a written claim or demand on or before ……… (validity + ---weeks from the date
of expiryof this guarantee).

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.

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Tender No: 3000000375 (EY-D for DC, NDR & DR)

ANNEXURE – 8
RTGS/NEFT – MANDATE AUTHORISATION FORM

1. Supplier’s / Vendor’s Name:

2. Supplier’s / Vendor’s Name as per Bank Records:

3A. Supplier’s Code 3B. Supplier’s PAN Number: #

# Quoting PAN No. in all the e-returns has become 100% mandatory w.e.f. 14-02-2008 hence, ensure to
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.

4. Supplier’s / Vendor’s Complete Postal Address:


Door No. Street:
Location: District:
City: State PIN
5. Supplier’s / Vendor’s E-mail ID:

6. Supplier’s / Vendor’s Telephone Number & Mobile Phone Number:


M
7. Name of the Bank:

8. Bank (Branch) Postal Address:

9. RTGS*/NEFT** - Code of the Branch:


RTGS:
NEFT:
RTGS* - “Real Time Gross Settlement”, NEFT** - “National Electronic Fund Transfer”.
These “IFSC” Codes are unique numbers of each Branch – “ Indian Financial Services Code”. For some
Branches both the codes are the same and some Banks, may maintain one Code No. for RTGS and another
Code No. for NEFT. Hence, please fill-up both the rows, even if it is the same.

10. Nature of the Account: (Tick whichever is applicable & put ‘x’ mark for the balance two accounts)
Saving Bank Account: Cash Credit Account: Current Account:
11. Bank Account Number of the Supplier: ©

© Fill up from the 1st column. For the balance left out blank columns, please mention ‘x’ mark.
We hereby declare that the particulars given above are correct and complete. If the transaction is
delayed for reasons of incomplete or incorrect information, we would not hold MDL responsible.
12. MICR code:

Date: Supplier’s Seal: Authorized Signature of the Supplier:

Certified that the particulars as per Serial Numbers 2, 7 to 11 are correct as per our records.

Date: Bank’s Stamp Authorized Signature of the Officer of the


Bank.

MAZAGON DOCK SHIPBUILDERS LIMITED


DOCKYARD ROAD,
MUMBAI – 400 010

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Tender No: 3000000375 (EY-D for DC, NDR & DR)

ECS – FORMAT

BIDDER’S NAME :

ADDRESS :

VENDOR REGN. CODE NO. WITH MDL :

BIDDER’S BANK NAME :

BANK BRANCH ADDRESS :

BANK ACCOUNT NO. :

NATURE OF ACCOUNT :

SAVINGS CURRENT OTHERS* *give details

NAME OF BANK :

MICR NO. (9 DIGITS) FOR PAYMENT :

BIDDER’S PAN NO. :

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.

Date AUTHORISED SIGNATORY OF THE BIDDER

Certified that the particulars furnished above are correct as per our records.

BANK’S STAMP

Date

SIGNATURE OF THE AUTHORISED OFFICIAL OF THE BANK

***************************

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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 2(B) ; “PROHIBITED PLACE”


It is defined as the place of any work of Defence Dockyard and other so belonging or occupied and used
for the purpose of building, repairing, making or storing any ammunitions of war.
For the purpose of the above definition, sketch includes any photograph or other mode of representing
any place or thing.

SECTION 3 : “PENALTIES FOR SPYING”


If any per unlawfully -
a) approaches, inspects, passes over or is in the vicinity of any clear place; or
b) make any sketches intended to be directly or indirectly useful to an enemy ; or
c) obtains, collects, records or communicates to any other person any secret official code shall be
liable for imprisonment of 14 years in case of Defence Installation.

SECTION 4 : “COMMUNICATION WITH FOREIGN AGENTS”


If any person has been in communication with or attempted to communicate with foreign agents
regarding the vital information of any “PROHIBITED PLACE” would be guilty of violating the provisions of
this Act.

SECTION 5 : “WRONGFUL COMMUNICATION OF INFORMATION”


If any person having in his possession or control any official document;
a)Willfully communicates to any person, other than a person, who is authorised to communicate it.
b)Used the information in his possession for the benefit of any foreign power.
c) Retain in his possession when he has no power to retain it
d)Fails to take reasonable care of it shall be guilty of an offence under this Act.

SECTION 6 : “UNAUTHORISED USE OF UNIFORMS”


If any person for the purpose of gaining admission or of assisting any other person to gain admission to a
“PROHIBITED PLACE” wears uniforms without lawful authority shall be guilty of offence under this
Section.

SECTION 7 : “INTERFERING WITH OFFICERS OF POLICE”


No person in the vicinity of any “PROHIBITED PLACE” shall abstract any Police Officer engaged on guard,
sentry or similar duty. If any person move in the provisions of this section, shall be punishable with
imprisonment, which may extend up to 3 years.

SECTION 8 : “DUTY OF GIVING INFORMATION”


It shall be duty of every person to give on demand to a superintendent of Police or any other Police Officer
not below the rank of Inspector, any information in his power relating to an offence under this Act.If any
person fails to give such information, shall be punishable with imprisonment to 3 years or fine or with
both.

SECTION 9 : “INCITEMENT”
Any person who attempts to commit or debate the commission of an offence under this Act shall be
punishable with the same punishment and be liable to be proceeded against in the same manner as if he
had committed such offence.

SECTION 10 : “PENALTY FOR HARBOURING SPIES”


If any person whom he knows or has reasonable grounds for supposing to be person who is about to
commit or who has committed offence under this Act shall be guilty of offence under this Section.

SECTION 11 : “SEARCH WARRANTS”


If a presidency Magistrate, Magistrate First Class or Sub-Divisional magistrate is satisfied with the
information that there is reasonable ground for suspecting that an offence under this Act has been or is
about to be committed, he may grant search warrant to any Police Officer to enter at any time any
premises to force to search premises or the places.

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

B. Loading due to variations in Financial Term.


6 Variation in payment Terms
7 Income Tax & Service Tax on Technical
Services / Service engineers liability to MDL.
8 Production Norms such as Scrap %, output-
input ratio
9 Base date for price variation clause
10 Cost (ex-MDL) excluding taxes & duties after Sr.Nos. 5 + 6 + 7 + 8 + 9
loading for variations in financial term.

Loading on Account of deviations in following commercial terms.


11 Security Deposit / Contract performance
guarantee.
12 Equipment Performance guarantee
13 Additional delivery period sought over
stipulated period as per Tender
14 Additional time sought for supplying binding
data.
15 Liquidated damages per week rate / maximum
ceiling
16 Warranty / Guarantee
17 Cost (ex-MDL) excluding taxes & duties after
loading for variations on account of financial Sr.Nos. 10 + 11 + 12 + 13 + 14 + 15 + 16
and commercial terms.
D. Landed Cost:
18 Taxes & Duties
19 Landed Cost Sr. Nos. 17 + 18
Note :
a) Evaluated Bid Value for the purpose of ranking and determination of L-1 Bid shall be the value arrived
at Sr.No.19 of the table above.
b) Bidders are required to quote the amounts of Taxes and Duties as applicable separately, duly
indicating the base amount and the applicable rate, under each of the heads. Set off on any taxes and
duties shall not be considered for ranking of bids.
c)Supplier / contractor will not be entitled to any increase in rate of taxes occurring during the period of
extended delivery completion schedule if there is delay in supplies / completion attributed to him.
However, if there is a decrease in taxes, the same must be passed on to MDL.
d) Wherever all-inclusive prices are quoted by the Tenderer(s) and accepted without bifurcation of tax
elements, no escalation shall be considered in respect of any variations in statutory levies arising
subsequently since the base figures do not exist in the order/ contract.

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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)

IN CONSIDERATION OF MAZAGON DOCK SHIPBUILDERS 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 agreed to accept
the Earnest Money Deposit (EMD) of Rs----------------------------------(Rupees-----------------------------only) in
the form of Bank Guarantee from Messers ............................ a partnership firm/sole proprietor business/a
company registered under the Companies Act, 1956 having its office at ...............................(hereinafter called
" the tenderer" 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 participating 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., We, ...........................
......................... Bank having office at ............................................ (hereinafter referred to a s “the Bank” which
expression shall include 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 tenderer of any of the terms and conditions of the said tender.
2. We, ............................. Bank further agree that the Company shall be sole judge whether the said tenderer
has failed to perform or fulfil the said tender in terms thereof or committed breach of any terms and
conditions of the tender 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 tenderer 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 said tender/or to extend time of performance by the tenderer from time
to time or to postpone for any time to time any of the powers exercisable by the Company against the
tenderer and to forbear to enforce any of the terms and conditions relating to the tender and we shall not
be relieved from our liability by reason of any such variation or extension being granted to the tenderer
or for any forbearance, act or omission on the part of the Company or any indulgence by the Company to
the tenderer 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 Company 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 tenderer or dissolution or winding up of the business of
the tenderer.
7. Notwithstanding anything contained herein above:
i) Our liability under this guarantee shall not exceed Rs..........
ii) This Bank Guarantee shall be valid upto and including .......; and
iii) We are liable to pay the guarantee amount or any part thereof under this Bank Guarantee only and
only if you serve upon us a written claim or demand on or before ………(validity + ---weeks from the date
of expiry of this guarantee).
8. This Guarantee shall be governed by Indian laws and the Courts at Mumbai, India shall have the
exclusive jurisdiction.
IN WITNESS WHEREOF the Bank has executed this document on this....................... day of ....................

For ........................ Bank (by its constituted attorney 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.

Section 2 - Commitments of the Bidder(s)/Contractor(s):


(1) The Bidder(s)/Contractor(s) commit himself to take all measures necessary to prevent corruption. He
commits himself to observe the following principles during his participation in the tender process and
during the contract execution.
a. The Bidder(s)/Contractor(s) will not, directly or through any other persons or firm, offer
promise or give to any of the Principal/Buyer's employees involved in the tender process
or the execution of the contract or to any third person any material or other benefit
which he/she is not legally entitled to, in order to obtain in exchange any advantage or
any kind whatsoever during the tender process or during the execution of the contract.
b. The Bidder(s)/Contractor(s) will not enter with other Bidders into any undisclosed
agreement or understanding, whether formal or informal. This applies in particular to
prices, specifications, certifications, subsidiary contracts, submission or non-submission
of bids or any other actions to restrict competitiveness or to introduce cartelization in
the bidding process.
c. The Bidder(s)/Contractor(s) will not commit any offence under the relevant Anti-
Corruption Laws of India; further the Bidder(s)/Contractor(s) will not use improperly, for
purposes of competition or personal gain, or pass on to other, any information or
document provided by the Principal/Buyer as part of the business relationship, regarding
plans, technical proposals and business details, including information contained or
transmitted electronically.
d. The Bidder(s)/Contractor(s) of foreign origin shall disclose the name and address of the
Agents/representatives in India, if any. Similarly, the Bidder(s)/Contractor(s) of Indian
Nationality shall furnish the name and address of the foreign principals, if any. All
payments made to the Indian Agent/representative have to be in Indian Rupees only.
Further details as mentioned in the “Guidelines of Indian Agents of Foreign suppliers”

56
Tender No: 3000000375 (EY-D for DC, NDR & DR)

shall be disclosed by the Bidders(s)/Contractor(s). Copy of the "Guidelines on Indian


Agents of Foreign Suppliers" as annexed and marked as Annexure-A.
e. The Bidder(s)/Contractor(s) will when presenting his bid, disclose any and all payments
he has made, is committed to or intends to make to agents, brokers or any other
intermediaries in connection with the award of the contract.
f. The Bidder (s)/Contractor(s), their agents, representatives shall not do such things so as
to interfere with the procedures laid down in the Principal/Buyer’s Purchase Manual
containing the Standard Terms and Conditions (STAC) and General Terms and Conditions
(GT&C) in respect of procurement contracts for goods, services and civil works.
g. The Bidder commits to refrain from giving any complaint directly or through any other
manner without supporting it with full and verifiable facts.
(2) The Bidder(s)/Contractor(s) will not instigate third persons to commit offences outlines above or be an
accessory to such offences.

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.

Section 4 – Sanctions for Violation:


(1) Any breach of the aforesaid provisions by the Bidder or any one employed by him or acting on his
behalf (whether with our without the knowledge of the Bidder) or the commission of any offence by the
Bidder or any one employed by him or acting on his behalf, as defined in Chapter IX of the Indian Penal
Code, 1860 or the Prevention of Corruption Act 1988 or any other Act enacted for the prevention of
corruption shall entitle the Principal/Buyer to take all or any one of the following actions, wherever
required –
a) To immediately call off the pre-contract negotiations without assigning any reason or giving any
compensation to the Bidder. However, the proceedings with the other Bidder (s) would continue.
b) The Earnest Money Deposit/Security Deposit/Performance Bond shall stand forfeited either fully
or partially, as decided by the Principal/Buyer, and the Principal/Buyer shall not be required to
assign any reason there for.
c) To immediately cancel the contract, if already signed, without giving any compensation to the
Bidder.
d) To recover all sums already paid by the Principal/Buyer, in case of an Indian Bidder with interest
thereon at 2% higher than the prevailing Base Rate of SBI, and in case of a Bidder from a country
other than India with interest thereon at 2% higher than the LIBOR. If any outstanding payment
is due to the Bidder from the Buyer in connection with any other contract for any other Defence
stores, such outstanding payment could also be utilized to recover the aforesaid sum and
interest.

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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.

Section 5 - Integrity Pact Bank Guarantee (IPBG):


(1) Every Bidder, while submitting commercial bid, shall submit an Integrity Pact Bank Guarantee for an
amount of *_______ in favour of the Principal/Buyer in Indian Rupees/Foreign Currency.
a) Guarantee will be from an Indian Nationalized Bank/Scheduled Bank in case of
Indigenous Bidders. For Foreign Bidders, Bank Guarantee shall be from a Bank of
International repute as updated by SBI from time to time, promising payment of the
guaranteed sum to MAZAGON DOCK SHIPBUILDERS LIMITED (MDL/Principal/Buyer), on
demand within three working days without any demur whatsoever and without seeking
any reasons whatsoever. The demand for payment by the Principal/ Buyer shall be
treated as conclusive proof for payment. A Model Bank Guarantee format is enclosed.
(2) The Integrity Pact Bank Guarantee (IPBG) shall be valid upto and including 45 days after the validity of
commercial offer. However, bidders will be required to extend the Integrity Pact Bank Guarantee, as and
when required by the Principal/Buyer. In the case of the successful bidder, validity of the Integrity Pact
Bank Guarantee will be extended upto the satisfactory completion of the contract, Integrity Pact Bank
Guarantee shall be returned promptly in case of unsuccessful bidders.

(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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Tender No: 3000000375 (EY-D for DC, NDR & DR)

(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.

Section 6 - Previous Transgression:


(1) The Bidder declares that no previous transgressions occurred in the last three years with any other
company in any country conforming to the anti corruption approach or with any other public section
enterprise in India that could justify his exclusion from the tender process.

(2) If the bidder makes incorrect statement on this subject, he can be disqualified from the tender
process or further action can be taken.

Section 7 - Equal treatment of all Bidders/Contractor(s)/Subcontractors:


(1) The Bidder(s)/Contractor(s) undertake(s) to demand from all subcontractors a commitment in
conformity with this integrity Pact, and to submit it to the Principal before contract signing.
2) The Principal/Buyer will enter into agreements with identical conditions as this one with all bidders,
contractors and subcontractors.
(3) The Principal/Buyer will disqualify from the tender process all bidders who do not sign this Pact or
violate its provisions.

Section 8 - Criminal charges against violation Bidder(s)/Contractor(s)/ Subcontractor(s):


(1) If the Principal/Buyer obtains knowledge of conduct of a Bidder, Contractor or subcontractor, or of an
employee or a representative or an associate of a Bidder, Contractor of subcontractor which constitutes
corruption or if the Principal has substantive suspicion in this regard, the Principal/Buyer will inform the
same to the Chief Vigilance Officer, MDL.

Section 9 - Independent External Monitor/Monitors:


(1) The Principal/Buyer appoints competent and credible independent External Monitor for this Pact. The
task of the Monitor is to review independently and objectively whether and to what extent the parties
comply with the obligations under this agreement.
(2) The Monitor is not subject to instructions by the representatives of the parties and performs his
functions neutrally and independently. He reports to the Chairman & Managing Director of the
Principal/Buyer.
(3) The Bidder(s)/Contractor(s) accepts that the Monitor has the right to access without restriction to all
project documentation of the Principal/Buyer including that provided by the Contractor. The Contractor
will also grant the Monitor, upon his request and demonstration of a valid interest, unrestricted and
unconditional access to his project documentation. The same is applicable to Subcontractors. The
Monitor is under contractual obligation to treat the information and documents of the
Bidder(s)/Contractor(s)/Subcontractor(s) with confidentiality.
(4) The Principal/Buyer will provide to the Monitor sufficient information about all meetings among the
parties related to the Project provided such meetings could have an impact on the contractual relations,
between the Principal/Buyer and the Contractor. The parties offer to the Monitor the option to
participate in such meetings.
(5) As soon as the Monitor notices, or believes to notice, a violation of this agreement, he will so inform
the Management of the Principal/Buyer and request the Management to discontinue or take corrective
action, or to take other relevant action. The Monitor can in this regard submit non-binding
recommendations. Beyond this, the Monitor has no right to demand from the parties that they act in a
specific manner, refrain from action or tolerate action. However, the Monitor shall give an opportunity to
the Bidder(s)/Contractor(s) to present its case before making its recommendation to the Principal/Buyer.
(6) The Monitor will submit a written report to the Chairman & Managing Director of the Principal within
8 to 10 weeks from the date of reference or intimation to him by the Principal/Buyer and, should the
occasion arise, submit proposals for correcting problematic situations.
(7) Monitor shall be entitle to compensation on the same terms as being extended to / provided to
Independent Directors on the Board of Principal/Buyer.
(8) If the Monitor has reported to the Chairman & Managing Director of the Principal, a substantiated
suspicion of an offence under relevant Anti Corruption Laws of India and the Chairman & Managing

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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.

Section 10 - Pact Duration:


This pact begins when both parties have legally signed it. It expires for the Contractor 12 months after the
last payment under the contract and for all other Bidders 06 months after the contract has been
awarded.
If any claim is made / lodged during this time, the same shall be binding and continue to be valid despite
the lapse of this pact as specified above unless it is discharged / determined by Chairman & Managing
Director of the Principal/Buyer.

Section 11 - Other provisions:


(1) This agreement is subject to Indian Law, place of performance and jurisdiction is the Registered Office
of the Principal/Buyer, i.e. Mumbai. The Arbitration clauses provided in the main tender document/
contract shall not be applicable for any issue/dispute arising under this Integrity pact.
(2) Changes and supplements as well as termination notices need to be made in writing. Side agreements
have not been made.
(3) If the Contractor is a partnership or a consortium, this agreement must be signed by all partners or
consortium members.
(4) Should one or several provisions of this agreement turn out to be invalid, the remainder of this
agreement remains valid. In this case, the parties will strive to come to an agreement to their original
intentions.

Section 12 – Fall Clause:


“The Bidder undertakes that it has not supplied/is not supplying similar products/ systems or
subsystems at a price lower than that offered in the present bid in respect of any other
Ministry/Department of the Government of India or PSU and if it is found at any stage that similar
product/systems or sub systems was supplied by the Bidder to any other Ministry/Department of the
Government of India or a PSU at a lower price, then that very price, with due allowance of elapsed time,
will be applicable to the present case and the difference in the cost would be refunded by the Bidder to
the Principal/Buyer, if the contract has already been concluded.”
__________________________ ____________________________
For & on behalf of
MAZAGON DOCK SHIPBUILDERS LIMITED For & on behalf of Bidder/Contractor
(Office Seal) (Office Seal)
Place___________
Date____________
Witness 1: Witness 2:
(Name & Address) (Name & Address)
______________________ ______________________
______________________ ______________________

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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.

2.0 DISCLOSURE OF PARTICULARS OF AGENTS/ REPRESENTATIVES IN INDIA, IF ANY.


2.1 Tenderers of Foreign nationality shall furnish the following details in their offer:
2.1.1 The name and address of the agents/representatives in India, if any and the extent of
authorization and authority given to commit the Principals. In case the agent/representative be a
foreign Company, it shall be confirmed whether it is real substantial Company and details of the
same shall be furnished.
2.1.2 The amount of commission/remuneration included in the quoted price(s) for such
agents/representatives in India.
2.1.3 Confirmation of the Tenderer that the commission/ remuneration if any, payable to his agents/
representatives in India, may be paid by MDL in Indian Rupees only.
2.2 Tenderers of Indian Nationality shall furnish the following details in their offers:
2.1.1 The name and address of the foreign principals indicating their nationality as well as their
status, i.e, whether manufacturer or agents of manufacturer holding the Letter of Authority of the
Principal specifically authorizing the agent to make an offer in India in response to tender either
directly or through the agents/representatives.
2.2.2 The amount of commission/remuneration included in the price (s) quoted by the Tenderer for
himself.
2.2.3 Confirmation of the foreign principals of the Tenderer that the commission/remuneration, if
any, reserved for the Tenderer in the quoted price (s), may be paid by MDL in India in equivalent
Indian Rupees on satisfactory completion of the Project or supplies of Stores and Spares in case of
operation items .
2.3 In either case, in the event of contract materializing, the terms of payment will provide for
payment of the commission /remuneration, if any payable to the agents/representatives in Indi in
Indian Rupees on expiry of 90 days after the discharge of the obligations under the contract.
2.4 Failure to furnish correct and detailed information as called for in paragraph-2.0 above will
render the concerned tender liable to rejection or in the event of a contract materializing, the same
liable to termination by MDL. Besides this there would be a penalty of banning business dealings
with MDL or damage or payment of a named sum.
________________

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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.

4. Initiation of Banning / Suspension


Action for banning / suspension business dealings with any Agency should be initiated by
the department having business dealings with them after noticing the irregularities or
misconduct on their part. Besides the concerned department, Vigilance Department may
also be competent to initiate such action.

5. Suspension of Business Dealings


5.1 If the conduct of any Agency dealing with MDL is under investigation by any department,
the Competent Authority may consider whether the allegations under investigation are of
a serious nature and whether pending investigation, it would be advisable to continue
business dealing with the Agency. If the Competent Authority, after consideration of the
matter including the recommendation of the Investigating Department, if any, decides that
it would not be in the interest to continue business dealings pending investigation, it may
suspend business dealings with the Agency. The order to this effect may indicate a brief
of the charges under investigation. If it is decided that inter-connected Agencies would
also come within the ambit of the order of suspension, the same should be specifically
stated in the order. The order of suspension would operate for a period not more than six
months and may be communicated to the Agency as also to the Investigating
Department. The Investigating Department may ensure that their investigation is
completed and whole process of final order is over within such period.
5.2 The order of suspension shall be communicated to all Commercial Departmental Heads.
During the period of suspension, no business dealing may be held with the Agency.
5.3 As far as possible, the existing contract(s) with the Agency may continue unless the
Competent Authority, having regard to the circumstances of the case, decides otherwise.
5.4 If the gravity of the misconduct under investigation is very serious and it would not be in
the interest of MDL, as a whole, to deal with such an Agency pending investigation, the
Competent Authority may order suspension of business dealing with Agency and send his
recommendation to Chief Vigilance Officer (CVO), MDL alongwith the material available,
copy of which may be issued to the Agency concerned with intimation to CVO MDL. Such
an order would operate for a period of six months from the date of issue.
5.5 If the Agency concerned asks for detailed reasons of suspension, the Agency may be

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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.

6. Ground on which Banning of Business Dealings can be initiated


6.1 If the security consideration, including questions of loyalty of the Agency to the State, so
warrants;
6.2 If the Director / Owner of the Agency, proprietor or partner of the firm, is convicted by a
Court of Law for offences involving moral turpitude in relation to its business dealings with
the Government or any other public sector enterprises or MDL, during the last five years;
6.3 If there is strong justification for believing that the Directors, Proprietors, Partners, owner
of the Agency have been guilty of malpractices such as bribery, corruption, fraud,
substitution of tenders, interpolations, etc;
6.4 If the Agency continuously refuses to return / refund the dues of MDL without showing
adequate reason and this is not due to any reasonable dispute which would attract
proceedings in arbitration or Court of Law;
6.5 If the Agency employs a public servant dismissed / removed or employs a person
convicted for an offence involving corruption or abetment of such offence;
6.6 If business dealings with the Agency have been banned/blacklisted by Government
Agencies/ Statutory bodies, DGQA, Defence Shipyards, DPSUs or with whom commercial
transactions have been suspended for sufficient and justifiable reasons.
If the Agency having same promoters/Directors /Partners as the barred/blacklisted
Company as at 6.6 above for the duration for which the barring/ blacklisting of sister
concern persists.
6.7 If the Agency has resorted to Corrupt, fraudulent practices including misrepresentation of
facts;
If the agency who had fraudulently dealt with the Company for pecuniary gains or had
connived with dealing officers for mutual benefit.
6.8 If the Agency uses intimidation / threatening or brings undue outside pressure on the MDL
or its official in acceptance / performances of the job under the contract;
6.9 If the Agency indulges in repeated and / or deliberate use of delay tactics in complying
with contractual stipulations;
6.10 Wilful indulgence by the Agency in supplying sub-standard material irrespective of
whether pre-despatch inspection was carried out by MDL or not;
6.11 Based on the findings of the investigation report of CBI / Police against the Agency for
malafide / unlawful acts or improper conduct on his part in matters relating to the MDL or
even otherwise;
6.12 Established litigant nature of the Agency to derive undue benefit;
6.13 Continued poor performance of the Agency in several contracts;
6.14 If the Agency misuses the premises or facilities of the MDL, forcefully occupies, tampers
or damages the Company’s properties including land, water resources, forests / trees, etc.
If the Agency who knowingly collude to defeat competition with the aim of deriving
undeserved profit or gain from doing business with MDL.
(Note: The examples given above are only illustrative and not exhaustive. The Competent
Authority may decide to ban business dealing for any good and sufficient reason).

7. Banning of Business Dealings


7.1 Decision to ban business dealings with any Agency would apply throughout the
Company.
7.2 There will be a Standing Committee to be appointed by the CMD which may include
HOD of respective Commercial Section/Capital Works/OTS, HOD (M), rep of Legal
Deptt. and OIC (SR&R) for processing the cases of “Banning of Business Dealings”.
The functions of the committee shall, inter-alia include:

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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.

8 Removal from List of Approved Agencies - Suppliers / Contractors, etc.


8.1 If the Competent Authority decides that the charge against the Agency is of a minor
nature, it may issue a show-cause notice as to why the name of the Agency should not
be removed from the list of approved Agencies - Suppliers / Contractors, etc.
8.2 The effect of such an order would be that the Agency would not be disqualified from
competing in Open Tender Enquiries but LTE may not be given to the Agency
concerned.
8.3 Past performance of the Agency may be taken into account while processing for
approval of the Competent Authority for awarding the contract.

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.

10. Appeal against the Decision of the Competent Authority


10.1 The Agency may file an appeal against the order of the Competent Authority banning
business dealing, etc. The appeal shall lie to Appellate Authority. Such an appeal shall
be preferred within one month from the date of receipt of the order banning business
dealing, etc.
10.2 Appellate Authority would consider the appeal and pass appropriate order which shall
be communicated to the Agency as well as the Competent Authority.

11. Review of the Decision by the Competent Authority


Any petition / application filed by the Agency concerning the review of the banning order
passed originally by Competent Authority under the existing guidelines either before or
after filing of appeal before the Appellate Authority or after disposal of appeal by the
Appellate Authority, the review petition can be decided by the Appellate Authority upon
disclosure of new facts / circumstances or subsequent development necessitating such
review. The Competent Authority may refer the same petition to the separate Standing
Committee which may be constituted by Appellate Authority for examination and
recommendation.

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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7. Notwithstanding anything contained herein above:


i) Our liability under this guarantee shall not exceed Rs..........
ii) This Bank Guarantee shall be valid upto and including .......; and
iii) We are liable to pay the guarantee amount or any part thereof under this Bank Guarantee only and
only ifyou serve upon us a written claim or demand on or before ………..(validity + ---weeks from the date
of expiryof this guarantee).
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 authorised
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.

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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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Tender No: 3000000375 (EY-D for DC, NDR & DR)

(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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Tender No: 3000000375 (EY-D for DC, NDR & DR)

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.

Signed by the within named Signed by the within named


MDL ______________________
______________
In the presence of In the presence of
Note: The above Agreement is to be drawn up by the contractor on non-judicial stamped paper of value
Rs.500/-, if it executed in Maharashtra. However, for other places stamp duty is to be levied as per Stamp
Act of respective States. The value of stamp paper to be confirmed from Legal Department, MDL
* - A: Pre-submission of Bid
**- AA: Post Entering of Contract

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Tender No: 3000000375 (EY-D for DC, NDR & DR)

ANNEXURE – 15

Illustrative format of Work Done Certificate:


PO Servi Line item Line Line Line item Mutually Actual work LD Service Yard
Lin ce work item item Qty. – agreed done schedule applicable Entry No.
e No. descriptio – PO Qty. – certified completion (Yes/No) & Sheet
ite n. Qty. certifie through schedule if yes, no. of no.
m d up to this WDC Start End Start End delayed
No. previou Date Date Date Date days.
s WDC

Format of Work Done Certificate

(WDC to be prepared by the contractor on their letterhead & to be submitted to the certifying
authority)

WDC Ref. no. WDC date:

MDL Sub-Contract Order no. & date: ______________dated ________.

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.

Amount claimed upto previous WDC: (exclusive taxes)


Amount claimed under this WDC: (exclusive taxes)
Cumulative amount claimed as on date: (exclusive taxes)
Order value: (exclusive taxes)

From Contractor From MDL

Signature & stamp of Contractor. Signature & stamp of MDL Executive


(Not below the rank of Chief Manager) as indicated in PO.

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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Tender No: 3000000375 (EY-D for DC, NDR & DR)

ANNEXURE – 16

HINDRANCE REGISTER

1. Name of the Work _________________________________________

2. Contract Agreement No.: ___________________________________

3. Date of Commencement: ___________________________________

4. Stipulated Date of Completion: ______________________________

5. Extended Date of Completion: ________________________________

(If applicable)

6. Name of the Supplier/Contractor: _____________________________

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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Tender No: 3000000375 (EY-D for DC, NDR & DR)

ANNEXURE – 17

FORMAT FOR PAST ORDERS INFORMATION

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
.
.
.

Signature Not Verified


Digitally signed by KUSHWAHA SUNIL
KUMAR
Date: 2019.05.09 16:55:20 IST
Location: PSUs of Ministry of Defence

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