Scope of Work
Scope of Work
Scope of Work
माझगााँ व डॉक शिपशिल्डर्स शिशमटे ड , मुुंिई द्वारा पात्र िोिीकर्ास ओ ुं र्े नीचे शिये गए शववरण के अनुर्ार िो-िोिी प्रणािी
(२) वाशणज्यिक शनयम एवुं िर्ो के र्ाथ र्कनीकी िोिी (२) मुल्य िोशि के अुंर्गसर् ई-प्रॉक्यूरमेंट पोटसि
(http://Gem.gov.in) के माध्यम र्े िोशियाुं आमुंशत्रर् की जार्ी है ।
Mazagon Dock Shipbuilders Limited invites on-line competitive bids in TWO BID SYSTEM (Part-I Techno
Commercial Bid and Part-II Price Bid), from reputed Bidders / Vendors, on our e-procurement portal
www.gem.gov.in, for the Work/Services as detailed in this tender document:
Note: Before quoting against this Tender, the prospective bidder is requested to go through the Tender Enquiry
document (& Annexes, if any) thoroughly & carefully. Deviations to the Terms & Conditions of the Tender are
highly discouraged. Therefore, any doubts arising in respect of any of the Terms & Conditions stipulated,
Qualification Criteria, clarification if any w.r.t. Documentation / Procedural requirements, etc. shall get
clarified by the prospective bidder through the Dealing Executive invariably before the submission of the Bid .
.
Page 1
दो बोली ई-निनिदा GEM/2024/B/4742845
TWO BID GeM-TENDER GEM/2024/B/4742845 for BRC for hiring of services
for blasting & painting of mild steel plates and sections at Anik yard ,chembur
for MPV Ships.
All bidders are requested to get their technical queries, if any, clarified in advance (3 days in advance
to tender closing date) to avoid last minute delay. For any technical clarification, bidders are requested
to contact
Technical / Mr. Mandar Chaudhari, Tel. No. 022-23763209
Scope of work / Chief Manager (SB-PAINT SHOP) e-mail: [email protected]
Site visit Mr. Pankaj Singh Tel no 022-2376 3208
DGM/PE(NYASSY/SMS/PAINT) email: [email protected]
Commercial Mr. P Ram Tel. no.: 022-23763326
Manager(OTS-PS) email: [email protected]
Page 2
दो बोली ई-निनिदा GEM/2024/B/4742845
TWO BID GeM-TENDER GEM/2024/B/4742845 for BRC for hiring of services
for blasting & painting of mild steel plates and sections at Anik yard ,chembur
for MPV Ships.
1. SUBJECT:
E-tender enquiry (Two bid system) BRC for hiring of services for blasting & painting of mild
steel plates and sections at Anik yard ,chembur.
SCOPE OF WORK: The detailed technical Scope of Work (SoW) is attached herewith as Annexure-A.
2. INSPECTION: MDL
3. CONTRACT VALIDITY, WORK SCHEDULE, & MOBILISATION:
3.1. Contract shall be valid for a period of 2 years from date of placement of order / commencement of job.
Exact date of commencement will depend upon award of contract. Any work released till the completion
of contract shall be carried out by the contractor.
Note: - The contract may be extended further for 03 months at the same terms & conditions in case MDL
desire so.
3.2. Schedule of work: Schedule of work will be jointly prepared by user department and the contractor and
same will be reviewed by Ship Manager / OIC (Hull) (Not below the rank of CM) of respective yard on
monthly basis. The contractor has to undertake the work as per schedule mentioned therein. This delivery
schedule will be strictly adhered for execution and same will be criteria for LD applicability.
3.3. Hindrance register: An Instruction Register & Hindrance Register shall be maintained by User
Department, under the custody of Chief Manager & above Executive nominated by the Ship Manager.
Instruction given to contractor will be recorded in the Instruction Register. The Contractor as well as MDL
berth executive is required to record hindrances in hindrance register.
3.4. Mobilization:
Successful bidder shall complete mobilization of his work force, tools & equipment,within two weeks from
the date of receipt of Purchase order. During mobilization period, contractor should arrange entry passes
at his own cost for his employees in MDL/MbPT/Naval Dockyard (Mb). Security clearance of all the
contractor’s personnel who will be working in the yard for this contract at his cost has to be arranged by
the contractor. no excuse for delay in commencing the work on this account will be entertained.
3.5. Denial Clause
(i) No increases in price shall be admissible/allowed on account of any statutory increase in or fresh
Imposition of GST, customs duty or on account of any other taxes/ duty/ cess/ levy), leviable in respect
of the goods and services specified in the said contract which takes place after the original delivery date.
(ii) Notwithstanding any stipulation in the contract for increase in price on any other ground including
price variation clause or foreign exchange rate variation, no such increase which takes place after the
original delivery date shall be admissible on such of the said goods as are delivered after the said date.
(iii) But nevertheless, MDL shall be entitled to the benefit of any decrease in price on account of reduction
in or remission of GST, Customs duty or on account of any other Tax or duty or on any other ground as
stipulated in the price variation clause or foreign exchange rate variation which takes place after the
expiry of the original delivery date.
5. INTEGRITY PACT (IP):
5.1 The signed and stamped Integrity Pact (IP), with signature and stamp on each and every page of
IP, is to be submitted by the prospective vendors/bidders along with the technical bid.
5.2 The pact essentially envisages the agreement between prospective vendors/bidders and buyers
committing the persons / officials of both the parties not to exercise any corrupt influence on any
aspect of the contract. Only those vendors/bidders who enter into such an integrity pact with the
buyer would be competent to participate in the bid. Therefore, non-acceptance of Integrity Pact
Page 3
दो बोली ई-निनिदा GEM/2024/B/4742845
TWO BID GeM-TENDER GEM/2024/B/4742845 for BRC for hiring of services
for blasting & painting of mild steel plates and sections at Anik yard ,chembur
for MPV Ships.
by the vendors/bidders shall be under Liable for rejection. The format of Integrity Pact is placed
at Annexure- H and the same is to be strictly adhered to.
5.3 Please note that the Bidders not agreeing to accept Integrity Pact or submitting integrity pact with
deviation in MDL formats shall be under Liable for rejection.. A scanned copy of the Integrity Pact
duly signed by bidder, strictly as per the format given at Annexure H is to be uploaded along with
the offer. The original of the Integrity pact is to be submitted to MDL within 7 days of the tender
closing date.
5.4 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.
5.5 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) Sh. Subhash Chandra, IAS(Retd) Email:[email protected]
(ii) Mr.P V Rao, IRS(Retd) and Email: [email protected]. For updated list of IEMs, Kindly
visit MDL website www.mazagondock.in
6. EARNEST MONEY DEPOSIT (EMD):
6.1. EMD applicable for this tender is Rs.10,00,000/- (Rupees Ten Lakhs only)
6.2. EMD in the form of NEFT/ Demand Draft/ Pay Order/ Bank Guarantee/Insurance Security Bond / e-Bank
Guarantee drawn in favor of MAZAGON DOCK SHIPBUILDERS LIMITED or bid bond / SWIFT Message of
equivalent foreign currency for foreign bidders shall be forwarded to HOD (Commercial) in sealed
envelope super scribing Tender Enquiry No. and Due date, so as to reach us within 7 MDL working days
from the tender closing date. The scanned image of DD/ Pay Order/ BG/ Bid bond/ SWIFT Message shall
be uploaded at Part-I tender stage. The bid bond/ Bank Guarantee should be valid for the offer validity
period indicated in the tender. Either of these instruments should be drawn on as per the list of banks
approved by SBI/ Canara bank published on MDL website, payable at Mumbai. Crossed DD/ Pay Order
issued by Cooperative banks however will be accepted subject to realization. Authorized Indian agent of
the overseas bidders can submit EMD in the form of NEFT / DD/ Pay Order in Indian Rupees. Similarly
authorized Indian agent of the overseas bidders can submit BG on behalf of foreign bank as p er list of
banks approved by SBI / Canara bank as bank of international repute published on MDL website. Bidders
to advise their bank/ banker to send EMD directly to commercial department or through SWIFT to
dispense with additional step of verification of authenticity of signatories. In case of EMD transmitted
through SWIFT, it shall be the responsibility of the bidder that he directs the receiving banker to forward
the message duly authenticated to the concerned commercial officer mentioned in the tender. Bids
without EMD, other than those who are exempt from payment of EMD will not be considered. EMD of
unsuccessful bidders will be returned after finalization of the tender and shall be interest free. No
change/modification in the text of the prescribed format of the BG is permissible.
6.3. Bidders should mention EMD details on GeM portal and also upload the scanned image of document
pertaining to EMD remittance / scanned image of EMD-BG/ EMD-DD/ EMD-Pay Order, in Part-I Techno-
Commercial e-bid.
6.3.1. In case of BG/ DD/ Pay Order, Details to be entered: BG/ DD/ Pay Order No., date, Value, issuing
Banks’ name, address, Tel. no., Fax no. & E-mail ID, BG validity expiry date; etc.
6.3.2. In case of online remittance of EMD amount, scanned image of Annexure-G, duly filled, shall be
uploaded in Part-I Techno-commercial e-bid. Further, the bidder should specifically mention the
details of company name as well as nature of remittance, tender number/order number etc. in
the text/narration fields of Bank’s NEFT remittance in order to identify the same.
6.4. EMD though payment gateway on MDL website – Kindly refer steps given at Annexure-G.
6.5. Bids without EMD will not be considered. EMD of unsuccessful bidders will be returned after finalization
of the tender and shall be interest free.
Page 4
दो बोली ई-निनिदा GEM/2024/B/4742845
TWO BID GeM-TENDER GEM/2024/B/4742845 for BRC for hiring of services
for blasting & painting of mild steel plates and sections at Anik yard ,chembur
for MPV Ships.
Page 5
दो बोली ई-निनिदा GEM/2024/B/4742845
TWO BID GeM-TENDER GEM/2024/B/4742845 for BRC for hiring of services
for blasting & painting of mild steel plates and sections at Anik yard ,chembur
for MPV Ships.
7.1.4. Bidder(s) who is/are debarred under PPP MII order 2017, GeM, CPP including tender holiday
issued by MDL.
7.2. liable for rejection criteria.
In case of bids received with deviations to tender terms other than non-negotiable conditions
indicated at 7.1, and the bids received without sufficient documents, ambiguous and
incomplete bids; MDL at its discretion and availability of time, may provide equal time &
opportunity for submission of deficient techno-commercial documents and clarification to the
bidders. Bidders are required to submit such documents / clarifications within the duration /
date stipulated by MDL, failing which their bids will be rejected.
8. QUALIFICATION CRITERIA:
8.1. Similar work/job is defined as under:
a) Bidder should have past experience in metallic blast cleaning and painting of steel
surface.
b) The bidder shall submit relevant PO copies along with work done certificate in support of past
experience.
8.3.1. Bidder’s experience of having executed/completed similar services during last 7 years ending
till the original tender closing date should be either of the following:
a) Three similar completed works each costing not less than ₹ 3,00,00,000/-
OR
b) Two similar completed works each costing not less than ₹ 3,75,00,000/-
OR
c) One similar completed work costing not less than₹ 6,00,00,000/-
OR
d) Cumulative similar works/jobs completed within a span of 12 months totaling to ₹
1,87,50,000/-
8.3.2. Work Order copies and Work Completion Certificates in support of clause 8.3.1 should be
uploaded. Work Completion Certificates should indicate the work order numbers, issued by
the party for whom the work is done. MDL has the right to verify/ cross verification of
authenticity of the said documents whenever felt necessary.
8.3.3. Bidder shall submit the details of work orders and work completions certificates in
the format as per Annexure F. Bidder shall clearly indicate under which clause (8.3.1
a, b c or d) their bid is qualifying.
Note 1:- Similar type of work/ job is as defined at TEF Clause 8.1 above
Note 2:- The value of similar completed services in a contract will be considered for PQC even if the
contract is not fully completed.
Page 6
दो बोली ई-निनिदा GEM/2024/B/4742845
TWO BID GeM-TENDER GEM/2024/B/4742845 for BRC for hiring of services
for blasting & painting of mild steel plates and sections at Anik yard ,chembur
for MPV Ships.
Note 3:- The date of Order/Contract can be older but completion period shall be within last 07 years
ending till the original tender closing date.
Note 4:- The Work Completion Certificate shall contain following
details:
(i) Particulars of the work and contract number and Date;
(ii) Original Contract Value;
(iii) Details of Growth Of Work / amendments, if any;
(iv) Date of commencement of the work;
(v) Date of completion as per original contract agreement;
(vi) Actual date of completion;
(vii) Actual completion cost;
(viii) Extension of time, if any granted;
(ix) Defect liability period, if any;
(x) Any other details as per the requirements.
Note 5:- The bidders need to scan and upload documentary evidence in support of the Qualification
Criteria indicated at TEF clause 8.1 above; viz Work order/s meeting above order value criteria for
similar work along with work completion certificate / Proof of payment with Tax Invoice / Store
Receipt and Acceptance Report or any other evidence that confirms that the work is completed which
is 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 /cross verification
of authenticity of the said document whenever felt necessary.
Note 6:- MDL reserves the right to demand for a hardcopy of any of the above documents and any
other related documents, if required. Bidders shall comply to the same.
Note 7:- The work executed by the bidder for their in-house use will not be considered for the
purpose of bidder’s experience or completion of similar works.
Note 8:- Sr. 8.2.1 above not required for permanent registered vendors with MDL. However, such
bidders should upload a scanned image of valid registration certificate; duly self -attested and stamped
with their company seal.
Note 9:- 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.
Note 10: - Bidders are requested to ensure that only relevant documents complete in all respect as
indicated in the tender should be attached with their offer. The first page of every uploaded set of
scanned document shall be an index of its contents. In case the offers received against this tender
are more than 20, no opportunity will be extended for submission of deficient documents after
opening of bids. The evaluation of the offers will be carried out and bidders will be qualified based
on the documents received along with their offer.
Note 11: - 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, at Annexure- F
shall hasten the technical scrutiny. The value of work executed in support of previous experience will
be considered excluding taxes, duties and other levies if any.
Note12: Joint Ventures and Holding Companies: Credentials of the partners of Joint ventures cannot
(repeat cannot) be clubbed for the purpose of compliance of PQC in supply of Goods/Equipment, and
each partner must comply with all the PQC criteria independently.
However, for the purpose of qualifying the Financial Standing Criteria, the Financial Standing
credentials of a Holding Company can be clubbed with only one of the fully owned subsidiary bidding
company, with appropriate legal documents proving such ownership.
Page 7
दो बोली ई-निनिदा GEM/2024/B/4742845
TWO BID GeM-TENDER GEM/2024/B/4742845 for BRC for hiring of services
for blasting & painting of mild steel plates and sections at Anik yard ,chembur
for MPV Ships.
9. VALIDITY PERIOD:
a) Bids/ Offers shall have a validity period of 120 days from the tender closing date.
b) In case the day up to which the bids are to remain valid falls on/ subsequently declared a holiday
or closed day for MDL, the bid validity shall automatically be deemed to be extended upto the
next working day.
c) In exceptional circumstances, before the expiry of the original time limit, MDL may request the
bidders to extend the validity period for a specified additional period. The request and the b idders'
responses shall be made in writing or electronically. A bidder may agree to or reject the request.
A bidder who has agreed to MDL’s request for extension of bid validity, in no case, he will be
permitted to modify his bid.
10. PRE –BID CONFERENCE: Not applicable to this tender.
11. ON-LINE SUBMISSION OF BIDS IN TWO-BID SYSTEM:
On-line Offer on the Government E Marketing Site GeM must be uploaded in two parts, Part-I Techno-
commercial bid & Part-II price bid as appearing online. Offer in any other form will not be considered:
The bidder is requested to ensure that all the documents asked for are submitted and the documents are
clear & legible & duly signed (i.e., self-attested), as it would save considerable time without necessitating
the need for furnishing of the documents again by them. The bidder is also requested not to submit
unnecessary documents not asked for, like signed & stamped copy of
this Tender document, etc.
Part- I: Online Techno-commercial bid will be opened on the tender opening date/extended opening date
shall contain the following.
11.1. Common Documents:
11.1.1. 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. The original of the above of EMD-
BG/ Online Remittance shall be forwarded to HOD (OTS) 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,
HOD (OTS)
6Th Floor, Service Block, North Yard,
MAZAGON DOCK SHIPBUILDERS LTD.
DOCKYARD ROAD,
MUMBAI- 400010.
11.1.2. Bidder should also upload scanned copies of Tender Enquiry Acceptance Format (TEF) and
General Condition of Contract (GCC) acceptance format in the Prescribed Formats attached
herewith (Annexures K & M); 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 K & M), mentioning the deviation against the relevant Tender clause no., failing
which it will be construed that all clauses of Tender inquiry & GCC & ATC as per GEM appearing
against the tender are understood by you and are fully acceptable to you. In the event bidder
has no deviations, he should submit following forms mentioning ‘Accepted’. Any deviations
mentioned elsewhere in the offer other than in said Forms will not be considered.
11.1.3. Copy of blank Rate sheet (Annexure-B) clearly indicating ‘Quoted/ Not-Quoted’ as applicable
against each of the listed duly stamped & signed, should also be uploaded.
11.1.4. Bidders should upload signed and stamped acceptance of GST Declaration (GST Terms &
Conditions) as per Annexure-O.
11.1.5. Bidders should upload scanned Copies of work Orders and Work Completion Certificates for
the job executed to meet the qualification requirement mentioned at TEF Clause No. 8.2.4
above. (Order copies & work completion certificates to be appended).
Page 8
दो बोली ई-निनिदा GEM/2024/B/4742845
TWO BID GeM-TENDER GEM/2024/B/4742845 for BRC for hiring of services
for blasting & painting of mild steel plates and sections at Anik yard ,chembur
for MPV Ships.
11.1.6. Bidder should scan and upload Track Records/ Information of Past Orders as per Annexure –
F.
11.1.7. Bidder should scan and upload Acceptance in firm’s letterhead
11.1.7.1. for Validity of Offer (TEF Clause No. 9) & to extend the same on MDL request.
11.1.7.2. for readiness to furnish Performance Bank Guarantee for Equipment supplied /
Services rendered or agreeing for retention of equivalent amount by MDL up to the
period till completion of contractual & warranty obligations.
11.1.8. Bidder should upload scanned copy of tax and duties certificate for which they are registered.
11.1.9. Copies of valid Registration or Approval certificates (if any) of the following shall be uploaded
on-line:
11.1.9.1. Micro Enterprises.
11.1.9.2. Small Enterprises.
11.1.9.3. ISO Accreditation.
11.1.10. Annexure C: Declaration Certificate for Local content clearly indicating / declaring /
specifying the local content percentage or / and location of local value addition in the
declaration certificate.
11.1.11. Annexure Q: Declaration by bidder for Restrictions under rule 144(xi) of general financial rules
GFRs, (2017).
11.2. In addition to the documents as indicated above, following documents shall be uploaded by bidder.
11.2.1. Bidders registered with MDL should scanned and upload valid Registration Certificate issued
by MDL.
11.2.2. Bidders not registered with MDL should scan and upload the following document.
11.2.2.1. Track Record as per Format OTS-F-04 (available on MDL website).
11.2.2.2. Bank details for payment as per Format – OTS- F-12 (RTGS/ NEFT) (available on MDL
website).
11.2.2.3. Scanned image of PAN card.
11.2.2.4. Company Profile, Shop & Establishment and Tax registration certificate.
11.2.2.5. List of Equipment held by them.
Note: Bidders in their own interest are requested to 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 (Price Bid): This should contain only the PRICES for each of the listed items strictly in the prescribed
format provided online in GeM.
Timely submission of the e-bids is responsibility of the bidders and no reasons / excuses in this regard will be
entertained.
11.3. Opening of Techno-Commercial e-Bid (Part-I): Techno-Commercial e-bid (Part-I) will be opened online
on the tender opening date or extended tender opening date or next working day if opening date
happens to be holiday declared by MDL. The participant bidder can also witness opening of the bids
online from their locations by logging on GeM portal.
11.4. Opening of Price e-Bid (Part–II): After completion of Techno-commercial scrutiny, intimation for price
e-bid opening will be communicated only to techno-commercially accepted bidders. Bidder (s) to note
that such intimation may be given at a short notice by Fax, E-mail or even by telephone only to techno-
commercially accepted bidder(s). Techno-commercially qualified bidders can also witness opening of
price bids online from their locations by logging on GeM portal.
Page 9
दो बोली ई-निनिदा GEM/2024/B/4742845
TWO BID GeM-TENDER GEM/2024/B/4742845 for BRC for hiring of services
for blasting & painting of mild steel plates and sections at Anik yard ,chembur
for MPV Ships.
Page 10
दो बोली ई-निनिदा GEM/2024/B/4742845
TWO BID GeM-TENDER GEM/2024/B/4742845 for BRC for hiring of services
for blasting & painting of mild steel plates and sections at Anik yard ,chembur
for MPV Ships.
invoice shall be preferably submitted within four weeks of certification of Work Completio n
Certificate ‘WCC’
15.1.2. Set of Original + 2 Copies of signed Tax Invoice to be submitted to Receipts Sections along with Work
completion certificate (i. e. Service Entry through SAP system) certified by CM or above rank officer
of MDL berth.
15.2. 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.
15.3. Alternate MSME vendor payment through TReDS:
15.3.1. 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.
15.3.2. MDL is registered on the "Invoice mart" TReDS platform and M1xchange of M/s Mynd
Solutions Pvt Ltd.
15.3.3. MSME bidders desirous to receive payments through TReDS platform may avail the facility if
they are already registered on
15.3.3.1. "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:- [email protected].
15.3.4. As per latest GST Rules, from 1st April 2022, Vendors, whose aggregate turnover in any preceding
financial year from 2017-2018 onwards, exceeds Rs. 10. Cr as per GST act, will have to issue e-
Invoice. In case of failure to submit the E-Invoice/ or the self-declaration (if applicable), Tax invoice
should be returned and claim will not be processed.
15.3.5. From 1st August 2023, with the revised MSME definition which is based on turnover no e-Invoice
or self-declaration will be required from Micro vendors who have Udyam Registration No, (URN)
as their turnover is less than 5 Crs. Small vendors who have Udyam Registration No, have to
provide the self-declaration that their turnover is less than 5 Crs or they have to provide the e-
invoice in case their turnover exceeds 5 Crs.
15.3.6. Wherever GST is applicable as per para 15.5, payment will be released against e -Invoice, or Invoice
accompanied with Vendor's Self Declaration that " We do not fall under the category of registered
persons notified under Rule 48(4) of the Central GST Rules, 2017 and we are not required to
comply with e-Invoicing provisions under GST Act, as our aggregate turnover in any preceding
financial year from 2017-18 onwards has not exceeded Rs. 5 Crores as per GST act" (from 1st
August 2023- Turnover limit reduced to Rs. 5 Crs. from Rs. 10 Crs.)
15.3.7. Kindly note that submission of the above documents with the invoice is essential for effecting
(timely) payment to the Subcontractor.
15.3.8. No advance in any manner will be paid against this contract.
Note: Contractors are requested to raise invoices yard-wise in consultation with WCC issuing authority.
16. MODIFICATION: Shipyard reserve the right to modify any drawing/specification at any stage of work &
contractor will incorporate such modifications in his work. If the modification brought to the notice of the
contractor before the execution of that portion of work, the contractor will incorporate such modification
Page 11
दो बोली ई-निनिदा GEM/2024/B/4742845
TWO BID GeM-TENDER GEM/2024/B/4742845 for BRC for hiring of services
for blasting & painting of mild steel plates and sections at Anik yard ,chembur
for MPV Ships.
at no extra cost to Shipyard. If the modification is brought to the notice of the contractor aft er the
completion of that portion of work, then this job will be considered as an additional work & contractor will
be paid on pro-rata basis for the additional fabrication & installation work. However, work has to be done
under written instruction from ship manager/OIC not below the rank of Chief manager. Any rework arising
out of defective workmanship will have to be rectified/repaired free of cost by the sub-contractor.
17. Performance Security {Performance Bank Guarantee (PBG) cum Security Deposit (SD)} (PS): Successful
bidder (Contractor) shall submit Performance Security {Performance Bank Guarantee (PBG) cum Security
Deposit (SD)} @ 5 % of Order value (excluding Taxes, Duties, etc.) within 25 days from the date of
intimation of the Order/Contract.
17.1. Mode of PS:
17.1.1. Performance Security to be submitted in the form of NEFT / DD/ Pay Order/ Bank Guarantee/
Insurance Security Bond / e-Bank Guarantee drawn in favor of Mazagon Dock Shipbuilders Limited
from the list of banks approved by SBI/ Canara bank published on MDL website. Performance
Security is to be furnished within 25 days after notification of the award of contract and it should
remain valid for a period of 60 (sixty) days beyond the date of completion of all contractual
obligations of the supplier, including warranty obligations. Bidders to advise their bank/banker to
send SD-BG directly to commercial department to dispense with additional step of verification of
authenticity of signatories. No change/modification in the text of the prescribed format of the BG
is permissible.
17.1.2. PS through NEFT- remittance through Bank: In case of online remittance of SD amount, scanned
image of Annexure-G, duly filled is to be submitted to Outsourcing Department. Further, the
bidder should specifically mention the details of company name as well as nature of remittance,
tender number/order number etc. in the text/narration fields of Bank’s NEFT remittance in order
to identify the same.
17.1.3. SD though payment gateway on MDL website – Kindly refer steps given at Annexure-G.
17.2. In cases where the supplier / contractor has not submitted the PS (Performance security) and already
commenced supply / services, the PS amount could be withheld from the payable Invoice (s) of the
Contractor, if any. In such case, interest will be recovered for the period starting from 26th day of
transmission / notification of order/contract by any mode and amount involved at the relevant rate of
interest. For foreign supplier, it will be EUROBOR/LIBOR plus 2%. For Indian suppliers, it will be SBI BPLR
plus 2%.
17.3. The performance security will be forfeited and credited to MDL’s account in the event of a breach of
contract by the contractor. It will be refunded to the contractor without interest, after he duly performs
and completes the contract in all respects but not later than 60(sixty) days of completion of all such
obligations including the warranty under the contract.
17.4. No exemption can be granted to any unit including MSME, SSI units and MDL Registered suppliers.
17.5. In case completion of work is likely to be delayed beyond the Order completion period/Contractual
period or this period is required to be extended, the Contractor shall have to extend the validity of the
Bank Guarantee for SD till such extended period. In case of failure to comply with such extension of the
Bank Guarantee for SD by the Contractor, the Bank Guarantee is liable for encashment by MDL.
17.6. In case of failure to submit performance security by the supplier within 25 days of transmission /
notification of order by any mode, EMD of the supplier (if available) will be forfeited and MDL reserves
the right to cancel the order and invoke the risk purchase clause.
17.7. In the event of defects due to poor workmanship leading to non-performance of the Equipment/Item
and bidder failure to attend the Guarantee/Warranty defects within 45 days from date of intimation or
as agreed during TNC the performance security shall be forfeited.
17.8. If it is established that the contractor has failed to comply with the Guarantee/warranty obligations, the
PSBG will be enchased by MDL. MDL’s decision in this regard shall be final and binding on the supplier
/ contractor.
18. GUARANTEE/WARANTEE: The successful bidder has to submit Performance Bank Guarantee for 5% as
mention at clause 17 (Performance Security {Performance Bank Guarantee (PBG) cum Security Deposit
Page 12
दो बोली ई-निनिदा GEM/2024/B/4742845
TWO BID GeM-TENDER GEM/2024/B/4742845 for BRC for hiring of services
for blasting & painting of mild steel plates and sections at Anik yard ,chembur
for MPV Ships.
(SD)). The PBG shall be valid for a period of 6 months plus one-month claim period from the date of
completion of work as per WDC. PBG should be submitted from the list of banks approved by SBI/ Canara
bank published on MDL website. Bidders to advise their bank/banker to send PBG directly to commercial
department to dispense with additional step of verification of authenticity of signatories. No
change/modification in the text of the prescribed format of the BG is permissible
In the event of defects due to poor workmanship leading to non-performance of the Equipment/Item
and bidder’s failure to attend the defects within a reasonable period of time, the Bank guarantee will be
encased by MDL. MDL’s decision in this regard shall be final and binding on the bidder.
21. TAXES: The items/service-wise rates quoted should be as per GeM rate sheet including Taxes and Duties.
21.1. The variation in statutory levies etc. are not allowed unless the breakups in respect of taxes duties are
clearly and separately furnished in bid.
21.2. Bidders are required to submit their ID with HSN number, along with documentary proof. MDL’s GST ID
is 27AAACM8029J1ZA.
21.3. Bidders are required to comply with all the provisions applicable under the GST Act. (Please refer
Annexure-O)
21.4. Supplier / contractor will not be entitled to any increase in rate of tax es 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.
22. LOADING CRITERIA: Not Applicable
23. PURCHASE PREFERENCE TO MAKE IN INDIA:
Public Procurement Policy (Preference to Make In India) Order 2017: The Government of India has issued
revised Public Procurement (Preference to Make in India) order 2017 on 16th Sep’ 2020 as part of its policy to
encourage “Make in India” and promote manufacturing and production of goods and services in India with a
view to enhancing income and employment. Subject to the provisions of this order and to any specific
instructions issued by Nodal Ministry or in pursuance of this order, Purchase Preference shall be given to local
suppliers in all the procurements undertaken by MDL in the manner specified below:
Page 13
दो बोली ई-निनिदा GEM/2024/B/4742845
TWO BID GeM-TENDER GEM/2024/B/4742845 for BRC for hiring of services
for blasting & painting of mild steel plates and sections at Anik yard ,chembur
for MPV Ships.
A. Aspects of ‘Preference to Make in India’: The following terminology / definitions used in the policy is
enumerated below and applicable to the tender:
(i) Local content: means the amount of value added in India which shall be the total value of item (goods,
services or works or their combination) under procurement (excluding net domestic indirect taxes)
minus the value of imported content in the item (including all customs duties) as a proportion of the
total value in percent. Different definition of Local Content may be specified by the Nodal Ministry for
items assigned to them, which will prevail over above.
Note:
a. The local content can be increased by vendors through partnerships, cooperation with local
companies, establishing production units in India or Joint Ventures (JV) with Indian suppliers,
increasing the participation of local employees in services and training them.
b. Any participating bidder shall not be Joint Venture/Consortium; except in case of manufacture
under license/technology collaboration agreements with phased indigenization under the PPP
Make-in-India Policy 2017.
(ii) Class-I Local Supplier: means a supplier or service provider, whose goods, services or works offered for
procurement, meets the minimum local content of 50%.
(iii) Class-II Local Supplier: means a supplier or service provider, whose goods, services or works offered
for procurement, meets the minimum local content of 20% but less than that prescribed for “Class-I
local supplier”.
(iv) Non-Local Supplier: means a supplier or service provider, whose goods, services or works offered for
procurement, has local content less than that prescribed for “Class-II local supplier” under this order.
(v) L1: means the lowest tender or lowest bid or lowest quotation received in a tender, bidding process or
other procurement solicitation as adjudged in the evaluation process as per the tender or other
procurement solicitation.
(vi) Margin of Purchase Preference: means the maximum extent to which the price quoted by a Class-I
Local Supplier may be above the L1 for the purpose of purchase preference. The margin of purchase
preference shall be 20%.
Note:
(i) Procedure for determination of L1 price shall be as per tender clause’ Ranking of Bids’.
(ii) Purchase preference shall be given to Class-I local supplier only. No Purchase Preference will be
given to Class-II or Non-Local Suppliers.
(iii) If Price/s of all class-I local supplier/s in a tender is more than 20% of L1’s price, no purchase
preference shall be applicable.
B. Purchase Preference(PP):
a) Purchase preference shall be given to only “Class-I Local Supplier” (Class II Local Supplier
are not eligible for purchase preference) in procurements undertaken in the manner
specified in the succeeding sub-paras:
b) The Class-I local suppliers, under PPP-MII Order, participating in any government tender,
may or may not be MSEs, as defined under the MSME Act. Similarly, MSEs participating in
any government tender, may or may not be Class-I local suppliers. Suppliers may be
categorized in following four broad categories for consideration or applicability of purchase
preference:
Category Terminology
Supplier is both MSE & Class-I local supplier. "MSE Class-I local supplier"
Supplier is MSE but not Class-I local supplier. "MSE but non-Class-l local supplier"
Supplier is not MSE but is Class-I local supplier. "Non-MSE but Class-I local supplier"
Supplier is neither MSE nor Class-I local. "Non-MSE non-Class-l local supplier"
c) In the procurement of goods, services which are covered by para above and which are not
divisible in nature, and in procurement of services where the bid is evaluated on price alone
Page 14
दो बोली ई-निनिदा GEM/2024/B/4742845
TWO BID GeM-TENDER GEM/2024/B/4742845 for BRC for hiring of services
for blasting & painting of mild steel plates and sections at Anik yard ,chembur
for MPV Ships.
(Items covered under Para 3A(c) of PPP-MII Order, 2017) and both MSEs as well as Class-I
local suppliers are eligible for purchase preference Purchase preference shall be accorded
as under:
i) L-1 is "MSE Class-I local supplier": Contract shall be awarded to L-1.
ii) L-1 is not "MSE Class-I local supplier " but the "MSE Class-I local supplier" falls within
15% margin of purchase preference. Purchase preference shall be given to lowest
quoting "MSE Class-I local supplier". If lowest quoting "MSE Class-I local supplier"
does not accept the L-1 rates, the next higher "MSE Class-I local supplier" falling
within 15% margin of purchase preference is to be given purchase preference and
so on. If all "MSE Class-I local supplier" do not accept L-1 rates, then relevant Para
shall be followed.
iii) If conditions mentioned in sub paras above are not met i.e. L1 is not "MSE Class-I
local supplier" and "MSE Class-I local supplier" is not eligible to take benefit of
purchase preference as per PPP-MSE Order or all "MSE Class-I local supplier" do
not accept L-1 rates, the contract is to be awarded / purchase preference to be given
in different possible scenarios as under:
a) L-1 is "MSE but non-Class-l local supplier" or "Non-MSE but Class-I local
supplier": Contract be awarded to L-1.
b) L-1 is "Non-MSE non-Class-l local supplier": Firstly, purchase preference shall
be given to eligible MSE as per PPP-MSE Order. If MSEs not eligible or does
not accept then purchase preference to be given to eligible Class- I Local
supplier as per PPP-MII Order. If Class-I Local supplier is also not eligible or
does not accept then contract be awarded to L-1.
c) Non-local suppliers, including MSEs falling in the category of Non-local
suppliers, shall be eligible to bid only against Global Tender Enquiry.
if in the opinion of MDL matter needs to be dealt at higher level, then the complaint shall be referred
to Nodal Ministry and their fees / expenses / charges applicable as per the Nodal Ministry, if any, shall
be borne by the complainant. MDL is authorized to prescribe fees for handling complaints under
revised PPP MII 2017 Order. The fees for filing a complaint under the order shall be Rs. 10,000/- per
case. The complaint shall be filed to the Chairman, Public Grievance Cell. The fee shall be deposited
by complainant in MDL’s Account by NEFT.
(v) On scrutiny of offer, if all the bidders participating in the tender happen to have either not submitted
the declaration certificate or not declared / specified the local content percentage in the declaration
certificate or specified local content lower than the minimum local content requirement as per the
tender, the subject tender shall be cancelled & matter shall be taken up with Ministry, by the user
department, as per the procedure indicated at above Purchase Preference Para or as amended by
MoD / DPIIT / DoE.
(vi) On opening of the price bids, if it is identified that there is difference in local content declaration made
& local content percentage as per price quoted is now not meeting (i.e. lesser than) the specified
tender requirement (i.e. only on the quoted price without any loading) then s uch bidder shall be
disqualified and shall not be considered for ranking purpose. The bid would be treated / considered
as given false declaration and necessary action for debarment shall be initiated.
Note: The original of the uploaded copy of Local Content Declaration shall be received in MDL
within seven MDL working days from the tender closing date. Not receipt of the same is a
“liable for bid rejection” criteria.
Page 16
दो बोली ई-निनिदा GEM/2024/B/4742845
TWO BID GeM-TENDER GEM/2024/B/4742845 for BRC for hiring of services
for blasting & painting of mild steel plates and sections at Anik yard ,chembur
for MPV Ships.
(i) False declaration will be in breach of Code of Integrity under Rule 175(1)(i)(h) of GFR 2017 for which a
bidder or its successors can be debarred for up to 2 years as per Rule 151(iii) of GFR 2017 along with
such other actions as may be permissible under law.
(ii) A supplier who has been debarred by any procuring entity for violation of said Order shall not be
eligible for preference under said Order for procurement by any other procuring entity for the duration
of debarment. The debarment for such other procuring entities shall take effect prospectively from
the date on which it comes to the notice of other procurement entities, in such a manner that ongoing
procurements are not disrupted.
G. Reciprocity Clause: Entities of countries which have been identified by the nodal Ministry/ Department
as not allowing Indian companies to participate in their Government procurement for any item related to
that nodal Ministry shall not be allowed to participate in Government procurement in India for all items
related to that nodal Ministry/ Department, except for the list of items published by the Ministry/
Department permitting their participation.
Note: The term 'entity' of a country shall have the same meaning as under the FDI Policy of DPIIT as
amended from time to time.
24. FREAK LOW QUOTES: In case after opening of price bid of technically cleared firms, If L1 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 quoted L-1 rate is less than L2 by more than 30% w.r.t. L2 then such quote is to be treated as freak
low quote., then contract only placed after meeting held with L1 bidder to ascertain whether the quoted prices
are “workable”. MDL reserves the right of part-ordering the services
25. MODIFICATIONS TO THE BID: Bidders may revise their bids prior to the original or extended closing date
and time of the tender.
26. WORKING ON MDL HOLIDAYS:
Intimation for working on Saturday / Sunday / holidays if required, should be submitted 2 working days prior
to the date of holiday indicating names of personnel to Personnel Department and Security through
concerned Department.
27. Contractual Remedies for Breaches/Defaults or Termination for Default
If there is an unsatisfactory resolution within this period, MDL shall take one; or more of the following
contractual remedies.
(i) Temporary withhold payments due to the contractor till recoveries due to invocation of other
contractual remedies are complete.
(ii) Call back any loaned property or advances of payment, if any, with the levy of interest at the prevailing
rate (MIBID - Mumbai Interbank Bid Rate).
(iii) Recover liquidated damages and invoke denial clause for delays.
(iv) Encash and/ or Forfeit performance or other contractual securities.
(v) Prefer claims against insurances, if any.
(vi) Terminate contract for default, fully or partially including its right for Riskand-Cost Procurement as per
following sub-clause.
(vii) Risk and Cost Procurement
In addition to termination for default, MDL shall be entitled, and it shall be lawful on his part, to procure
Goods same to those terminated, with such terms and conditions and in such manner as it deems fit at the
“Risk and Cost” of the contractor. The Contractor shall be liable for any loss which MDL may sustain on
that account provided the procurement, or, if there is an agreement to procure, such agreement is made.
Page 17
दो बोली ई-निनिदा GEM/2024/B/4742845
TWO BID GeM-TENDER GEM/2024/B/4742845 for BRC for hiring of services
for blasting & painting of mild steel plates and sections at Anik yard ,chembur
for MPV Ships.
The Contractor shall not be entitled to any gain on such procurement, and the manner and method of such
procurement shall be in the entire discretion of MDL.
(viii) Initiate legal proceedings in a for the recovery of the losses and damages, not addressable by the
above means.
28. The bidder shall also abide to all statutory requirements, Official Secret Act 1923, Security and Safety Rules
as per references, which are part of this tender. If contractors’ employees are not adhering to the health,
safety and environment norms and the contractors not equipping their employees with suitable safety
gears, will be viewed seriously. For non-adherence to above will be levied as per extant guidelines of
Security and Safety Rules prevailing time to time, to the contractor without prejudice to other rights to
enforce the safety requirements.
29. 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.
30. PARALLEL ORDER: Not Applicable
31. The contract will be governed by General Conditions of the contract and ATC of GeM, while executing
work. In case of discrepancy, clauses mentioned in Tender, Technical Scope and Rate sheet will override
the clauses mentioned in other enclosures including General Conditions of the contract and ATC of GeM.
32. In the event of placement of order on unregistered vendor, the firm shall apply for registration through
Mr. V B Wakchaure, Manager, Outsourcing dept., Tel. No. 23763350, within one month from placement
of order.
33. Procedure for Entry Passes for the Contractor’s Employees: - A Detailed procedure is displayed on the
website www.mazdock.com under →Work/Service Contracts.
34. Restrictions under rule 144(xi) of general financial rules GFRs, (2017). (Refer Annexure -Q)
34.1. Any bidder from a country which shares a land border with India will be eligible to bid in any
procurement whether of goods, services (including consultancy services and non-consultancy services)
or works (including turnkey projects) only if the bidder is registered with the Competent Authority.
Further, any bidder (including bidder from India) having specified Transfer of Technology (TOT)
arrangement with an entity from a country which shares a land border with India, shall also require to
be registered with the same competent authority.
34.2. 'Bidder” means any person or firm or company, including any member of a consortium or
joint venture (that is an association of several persons, or firms or companies), every
artificial juridical person not falling in any of the descriptions of bidders stated hereinbefore,
including any agency branch or office controlled by such person, participating in a
procurement process.
34.3. "Bidder (or entity) from a country which shares a land border with India" for the purpose
of this Order means: -
i) An entity incorporated, established or registered in such a country; or
ii) A subsidiary of an entity incorporated, established or registered in such a
country; or
iii) An entity substantially controlled through entities inc orporated, established
or registered in such a country; or
iv) An entity whose beneficial owner is situated in such a country; or
v) An Indian (or other) agent of such an entity; or
vi) A natural person who is a citizen of such a country; or
vii) A consortium or joint venture where any member of the consortium or joint
venture falls under any of the above
34.4. The beneficial owner for the purpose of 30.2 above will be as under:
Page 18
दो बोली ई-निनिदा GEM/2024/B/4742845
TWO BID GeM-TENDER GEM/2024/B/4742845 for BRC for hiring of services
for blasting & painting of mild steel plates and sections at Anik yard ,chembur
for MPV Ships.
i) In case of a company or Limited Liability Partnership, the beneficial owner is the natural
person(s), who, whether acting alone or together, or through one or more juridical person,
has a controlling ownership interest or who exercises control through other means.
Explanation—
a. "Controlling ownership interest" means ownership of or entitlement to more
than twenty-five per cent. of shares or capital or profits of the company;
b. "Control" shall include the right to appoint majority of the directors or to
control the management or policy decisions including by virtue of their shareholding
or management rights or shareholder’s agreements or voting agreements;
ii) In case of a partnership firm, the beneficial owner is the natural person(s) who, whether
acting alone or together, or through one or more juridical person, has ownership of
entitlement to more than fifteen percent of capital or profits of the partnership;
iii) In case of an unincorporated association or body of individuals, the beneficial owner is
the natural person(s), who, whether acting alone or together, or through one or more
juridical person, has ownership of or entitlement to more than fifteen percent of the property
or capital or profits of such association or body of individuals;
iv) Where no natural person is identified under (1) or (2) or (3) above, the beneficial owner
is the relevant natural person who holds the position of senior managing official;
v) In case of a trust, the identification of beneficial owner(s) shall include identification of
the author of the trust, the trustee, the beneficiaries with fifteen percent or more interest
in the trust and any other natural person exercising ultimate effective c ontrol over the
trust through a chain of control or ownership.
34.5. An Agent is a person employed to do any act for another, or to represent another in
dealings with third person.
34.6. The successful bidder shall not be allowed to sub-contract works to any contrac tor from a
country which shares a land border with India unless such contractor is registered with the
Competent Authority.
34.7. The registration shall be valid at the time of submission of bid and at the time of acceptance
of bid.
If the bidder was validly registered at the time of acceptance I placement of order, registration
shall not be a relevant consideration during contract execution
Page 19
दो बोली ई-निनिदा GEM/2024/B/4742845
TWO BID GeM-TENDER GEM/2024/B/4742845 for BRC for hiring of services
for blasting & painting of mild steel plates and sections at Anik yard ,chembur
for MPV Ships.
38.2. Bidders are requested to visit MDL prior to uploading their bid. In this regard please contact following
MDL Officials:
Technical / Mr. Mandar Chaudhari, Tel. No. 022-23763209
Scope of work / Chief Manager (SB-PAINT SHOP) e-mail: [email protected]
Site visit Mr. Pankaj Singh Tel no 022-2376 3208
DGM/PE(NYASSY/SMS/PAINT) email: [email protected]
Commercial Mr. P Ram Tel. no.: 022-23763326
Manager(OTS-PS) email: [email protected]
38.3. A) MDL reserves the right to consider placement of Order.
B) In case of the performance of the contractor is not satisfactory, MDL reserves the
right to cancel the order.
C) MDL reserves the right to consider Placement of Order in part or in full against the tendered quantity.
D) In the event of resultant single bid, MDL reserves the right to place order in part/ full, depending
upon project schedule, priorities, etc. and after assessing the bidder’s financial capabilities, etc.
MDL’s decision in this regard will be final and binding on the bidders.
39. Conflict of Interest among Bidders/Agents: Conflict of Interest among Bidders/Agents A bidder shall
not have conflict of interest with other bidders. Such conflict of interest can lead to anticompetitive
practices to the detriment of MDL’s interests. The bidder found to have a conflict of interest shall be
disqualified. A bidder may be considered to have a conflict of interest with one or more parties in this
bidding process, if:
a) They have controlling partner(s) in common;
or
b) They receive or have received any direct or indirect subsidy/financial stake from any of them;
or
c) They have the same legal representative/agent for purposes of this bid;
or
d) They have relationship with each other, directly or through common third parties, that puts them in a
position to have access to information about or influence on the bid of another Bidder;
or
e) Bidder participates in more than one bid in this bidding process. Participation by a Bidder in more than
one Bid will result in the disqualification of all bids in which the parties are involved. However, this
does not limit the inclusion of the components/sub-assembly/Assemblies from one bidding
manufacturer in more than one bid.
f) In cases of agents quoting in offshore procurements, on behalf of their principal manufacturers, one
agent cannot represent two manufacturers or quote on their behalf in a particular tender enquiry.
One manufacturer can also authorize only one agent/dealer. There can be only one bid from the
following:
1. The principal manufacturer directly or through one Indian age nt on his behalf; and
2. Indian/foreign agent on behalf of only one principal.
g) A Bidder or any of its affiliates participated as a consultant in the preparation of the design or
technical specifications of the contract that is the subject of the Bid;
h) In case of a holding company having more than one independently manufacturing units, or more
than one unit having common business ownership/management, only one unit should quote. Similar
restrictions would apply to closely related sister companies. Bidders must proactively declare such
sister/common business/management units in same/similar line of business
Note: The bidders have to give the undertaking for above paras along with part I bid.
40. Cartel Formation/Pool Rates: In case the bidders are indulged in cartel formation/collusive bidding/bid
rigging etc., such bids will be rejected at any stage of tendering and the bidders will be debarred for a
Page 20
दो बोली ई-निनिदा GEM/2024/B/4742845
TWO BID GeM-TENDER GEM/2024/B/4742845 for BRC for hiring of services
for blasting & painting of mild steel plates and sections at Anik yard ,chembur
for MPV Ships.
period of two years from participation in the tenders including reporting the matter to trade associations,
the Competition Commission or NSIC, etc., with a request to take suitable strong actions against such firms.
41. The service provider shall alone be fully responsible for safety and security and insurance or life insurance
of their personnel who is working on the operation and maintenance works. The service providers (a) shall
take out and maintain, and shall cause any Subcontractors to take out and maintain, at their (or the
Subcontractors’, as the case may be) own cost but on terms and conditions approved by the MDL,
insurance against the risks, and for the coverage, as shall be specified in the TEF; and (b) at the MDL’s
request, shall provide evidence to the MDL showing that such insurance has been taken out and
maintained and that the current premiums have been paid. The service provider shall provide and ensure
sufficient protection gears like safety shoes, hand gloves, ladders, etc. are being used by their workers
while carrying out works. MDL shall not be liable for any compensation in case of any fatal injury /death
caused to or by any man power while performing/discharging their duties / for inspection or otherwise.
42. Right to Reject any or all Bids: MDL reserves its right to accept or reject any or all Bids, abandon/ cancel
the Tender process, and issue another tender for the same or similar Goods/Services at any time before
the award of the contract. It would have no liability to the affected Bidder or Bidders or any obligation to
inform the affected Bidder or Bidders of the grounds for such action(s).
43. Contacting MDL during the evaluation: From the time of bid submission to awarding the contract, no
bidder shall contact MDL on any matter relating to the submitted bid. If a Bidder needs to contact MDL for
any reason relating to this tender and/ or its bid, it should do so only in writing or electronically. Any effort
by a Bidder to influence MDL during the processing of bids, evaluation, bid comparison or award decisions
shall be construed as a violation of the Code of Integrity, and bid shall be liable to be reje cted as
nonresponsive in addition to other punitive actions for violation of Code of Integrity as per the Tender
Document.
44. Corrigendum to Tender Document: Before the deadline for submitting bids, MDL may update, amend,
modify, or supplement the information, assessment or assumptions contained in the Tender Document
by issuing a corrigendum. The corrigendum shall be published in the same manner as the original Tender
Document. Without any liability or obligation, the Portal may send intimation of such corrigendum to
bidders who have downloaded the document under their login. However, the bidders' responsibility is to
check the website(s) for any corrigendum. Any corrigendum thus issued shall be considered a part of the
Tender Document. To give reasonable time to the prospective bidders to take such corrigendum into
account in preparing their bids, MDL may suitably extend the deadline for the bid submission, as
necessary. After MDL makes such modifications, any Bidder who has submitted his bid in response to the
original invitation shall have the opportunity to either withdraw his bid or re -submit his bid superseding
the original bid within the extended time of submission.
45. In case of proper on-line filling of Acceptance Formats for Tender Enquiry Form, GCC and ATC of GeM, it
shall be presumed that all our tender terms & conditions are acceptable to you.
46. We look forward to your participation in e-bidding by offering your most competitive and reasonable bid
against this tender.
Yours faithfully,
For MAZAGON DOCK SHIPBUILDERSLIMITED,
P.Ram
Manager
(OUTSOURCING DEPARTMENT)
Page 21
दो बोली ई-निनिदा GEM/2024/B/4742845
TWO BID GeM-TENDER GEM/2024/B/4742845 for BRC for hiring of services
for blasting & painting of mild steel plates and sections at Anik yard ,chembur
for MPV Ships.
Annexures:
REFERENCES:
Terms & Conditions (Available on MDL Website www.mazdock.com →Work/Servi ce Contracts or www.mazdock .com → tenders →
s hi pbuilding → Outsourcing ).
1) Offi ci al Secrets Act 1923 .
2) Sa fety Code for Sub-Contractors.
3) Procedure for entry pa sses.
FORMATS:
Ava i lable on MDL Website –www.mazdock.com / →Work/Service Contracts.
1) OTS –F-04 Tra ck record.
2) OTS –F-07 Order a cceptance Format.
3) OTS –F-12 RTGS/NEFT Ma ndate Authorization Form .
Page 22
दो बोली ई-निनिदा GEM/2024/B/4742845
TWO BID GeM-TENDER GEM/2024/B/4742845 for BRC for hiring of services
for blasting & painting of mild steel plates and sections at Anik yard ,chembur
for MPV Ships.
Annexure-A
SCOPE OF WORK:
Page 23
दो बोली ई-निनिदा GEM/2024/B/4742845
TWO BID GeM-TENDER GEM/2024/B/4742845 for BRC for hiring of services
for blasting & painting of mild steel plates and sections at Anik yard ,chembur
for MPV Ships.
Page 24
दो बोली ई-निनिदा GEM/2024/B/4742845
TWO BID GeM-TENDER GEM/2024/B/4742845 for BRC for hiring of services
for blasting & painting of mild steel plates and sections at Anik yard ,chembur
for MPV Ships.
Page 25
दो बोली ई-निनिदा GEM/2024/B/4742845
TWO BID GeM-TENDER GEM/2024/B/4742845 for BRC for hiring of services
for blasting & painting of mild steel plates and sections at Anik yard ,chembur
for MPV Ships.
Page 26
दो बोली ई-निनिदा GEM/2024/B/4742845
TWO BID GeM-TENDER GEM/2024/B/4742845 for BRC for hiring of services
for blasting & painting of mild steel plates and sections at Anik yard ,chembur
for MPV Ships.
Page 27
दो बोली ई-निनिदा GEM/2024/B/4742845
TWO BID GeM-TENDER GEM/2024/B/4742845 for BRC for hiring of services
for blasting & painting of mild steel plates and sections at Anik yard ,chembur
for MPV Ships.
Page 28
दो बोली ई-निनिदा GEM/2024/B/4742845
TWO BID GeM-TENDER GEM/2024/B/4742845 for BRC for hiring of services
for blasting & painting of mild steel plates and sections at Anik yard ,chembur
for MPV Ships.
Page 29
दो बोली ई-निनिदा GEM/2024/B/4742845
TWO BID GeM-TENDER GEM/2024/B/4742845 for BRC for hiring of services
for blasting & painting of mild steel plates and sections at Anik yard ,chembur
for MPV Ships.
Page 30
दो बोली ई-निनिदा GEM/2024/B/4742845
TWO BID GeM-TENDER GEM/2024/B/4742845 for BRC for hiring of services
for blasting & painting of mild steel plates and sections at Anik yard ,chembur
for MPV Ships.
Page 31
दो बोली ई-निनिदा GEM/2024/B/4742845
TWO BID GeM-TENDER GEM/2024/B/4742845 for BRC for hiring of services
for blasting & painting of mild steel plates and sections at Anik yard ,chembur
for MPV Ships.
Page 32
दो बोली ई-निनिदा GEM/2024/B/4742845
TWO BID GeM-TENDER GEM/2024/B/4742845 for BRC for hiring of services
for blasting & painting of mild steel plates and sections at Anik yard ,chembur
for MPV Ships.
Page 33
दो बोली ई-निनिदा GEM/2024/B/4742845
TWO BID GeM-TENDER GEM/2024/B/4742845 for BRC for hiring of services
for blasting & painting of mild steel plates and sections at Anik yard ,chembur
for MPV Ships.
Page 34
दो बोली ई-निनिदा GEM/2024/B/4742845
TWO BID GeM-TENDER GEM/2024/B/4742845 for BRC for hiring of services
for blasting & painting of mild steel plates and sections at Anik yard ,chembur
for MPV Ships.
Page 35
दो बोली ई-निनिदा GEM/2024/B/4742845
TWO BID GeM-TENDER GEM/2024/B/4742845 for BRC for hiring of services
for blasting & painting of mild steel plates and sections at Anik yard ,chembur
for MPV Ships.
Page 36
दो बोली ई-निनिदा GEM/2024/B/4742845
TWO BID GeM-TENDER GEM/2024/B/4742845 for BRC for hiring of services
for blasting & painting of mild steel plates and sections at Anik yard ,chembur
for MPV Ships.
Page 37
दो बोली ई-निनिदा GEM/2024/B/4742845
TWO BID GeM-TENDER GEM/2024/B/4742845 for BRC for hiring of services
for blasting & painting of mild steel plates and sections at Anik yard ,chembur
for MPV Ships.
Page 38
दो बोली ई-निनिदा GEM/2024/B/4742845
TWO BID GeM-TENDER GEM/2024/B/4742845 for BRC for hiring of services
for blasting & painting of mild steel plates and sections at Anik yard ,chembur
for MPV Ships.
Annexure-B
ILLUSTRATIVE RATE SHEET:
Quoted/not
a. Applicable HSN
DESCRIPTION Qty Unit Quoted
GST no.
status
Blast Cleaning and Painting of M2
1.
plates and sections including touch
up through automated line 5,00,000
Manual power tooling(St3) and M2
2.
painting of less than 6mm thick
plates and sections 55,000
3. Papering/roughening and touch up M2
painting of plates and sections 50,000
Note:
i) Annexure-B is only for illustration purpose & for the purpose of indicating tax and whether
quoted / not quoted, as per clause 11.1.2 of TEF (Tender enquiry form).
ii) Bidders shall upload the completely filled Annexure-B with Technical Bid.
iii) Prices are to be quoted in the Rate sheet as per GeM format.
iv) Bidder while quoting should consider the all costs such as labour, hike in the minimum wages,
transportation, equipment, all incidental expenses, consumables etc.
v) Quantity shown is indicative. However, Payment shall be made as per actual work done.
Illustrative Example of Blank rate sheet to be uploaded in Part-I.
5000 M2
1
Blast Cleaning Quoted XY XYZ% 1234
Tota l
Page 39
दो बोली ई-निनिदा GEM/2024/B/4742845
TWO BID GeM-TENDER GEM/2024/B/4742845 for BRC for hiring of services
for blasting & painting of mild steel plates and sections at Anik yard ,chembur
for MPV Ships.
ANNEXURE-C
This declaration must form part of tender & it contains general information and serves as a declaration
form for bidder. (Before completing this declaration, bidders must study the General Conditions,
Definitions, Govt Directives applicable in respect of Local Content & prescribed tender conditions).
NB: The obligation to complete, duly sign and submit this declaration cannot be transferred to
an external authorized representative, auditor or any other third party acting on behalf of the
bidder.
(a) The facts contained herein are within my own personal knowledge.
(b) I have read and understood the requirement of local content (LC) and same is specified as
percentage calculated in accordance with the definition provided at clause 2 of revised Public
Procurement (preference to Make in India) Order 2017.
“Local content” as per above order means the amount of value added in India which shall be
the total value of items procured (excluding net domestic indirect taxes) minus the value of
imported content in the item (including all customs duties) as a proportion of the total value in
percent.”
(c) I have satisfied myself that the goods/services/works to be delivered in terms of the above-
specified bid comply with the local content requirements as specified in the tender for ‘Class-I
Local Supplier’ / ‘Class-II Local Supplier’, and as above.
(d) The local content calculated using the definition given above are as under:
Tender Item Local content calculated Location of local value addition
Sr No as above %
(e) I accept that the Procurement Authority / Institution / MDL / Nodal Ministry has the right to
request that the local content be verified in terms of the requirements of revised Public
Procurement (preference to Make in India) Order 2017 dtd 16.09.2020 and I shall furnish the
document / information on demand. Failure on my part to furnish the data will be treated as
Page 40
दो बोली ई-निनिदा GEM/2024/B/4742845
TWO BID GeM-TENDER GEM/2024/B/4742845 for BRC for hiring of services
for blasting & painting of mild steel plates and sections at Anik yard ,chembur
for MPV Ships.
false declaration as per PPP MII Order 2017. In case of contract being awarded, I undertake
to retain the relevant documents for 7 years from date of execution.
(f) I understand that the submission of incorrect data, or data that are not verifiable as
described in revised Public Procurement (preference to Make in India) Order 2017, may result
in the Procurement Authority / Nodal Ministry / MDL imposing any or all of the remedies as
provided for in Clause 9 of the Revised Public Procurement (preference to Make in India) Order
2017 dated 16.09.2020
Page 41
दो बोली ई-निनिदा GEM/2024/B/4742845
TWO BID GeM-TENDER GEM/2024/B/4742845 for BRC for hiring of services
for blasting & painting of mild steel plates and sections at Anik yard ,chembur
for MPV Ships.
All bidders should mandatorily fill the below fields in the Annexure-C document:
Tender number
Issued by: Name of your firm
Your full name
Your capacity/designation in your firm
Name of your firm
Please note that missing any one of the above fields would render the document to be
incomplete and would be under Liable for rejection.
Page 42
दो बोली ई-निनिदा GEM/2024/B/4742845
TWO BID GeM-TENDER GEM/2024/B/4742845 for BRC for hiring of services
for blasting & painting of mild steel plates and sections at Anik yard ,chembur
for MPV Ships.
ANNEXURE-C-1
ACTUAL LOCAL CONTENT CERTIFICATE
Note 1: This certificate shall be submitted by the successful bidder post execution of the contract.
(a) The facts contained herein are within my own personal knowledge.
(b) My/our company had declared the local content at the time of tender as under
(c) My / our company has completed the above referred contract and the actual local content of the
delivered item/s calculated using the definition in the declaration given at the time of Bid is as under:
NB: Local content percentage shall strictly be declared item wise or tender wise as was declared at the
time of bid / tender.
(d) I accept that the Procurement Authority / Institution / MDL / Nodal Ministry has the right to request
that the local content be verified in terms of the requirements of revised Public Procurement (preference
to Make in India) Order 2017 dated 16.09.2020 and I shall furnish the document / information on demand.
Failure on my part to furnish the data will be treated as false declaration as per PPP MII Order 2017. I
undertake to retain the relevant documents for 7 years from date of execution.
(e) I understand that the submission of incorrect data, or data that are not verifiable as described in
revised Public Procurement (preference to Make in India) Order 2017, may result in the Procurement
Authority / Nodal Ministry / MDL imposing any or all of the remedies as provided for in Clause 9 of the
Revised Public Procurement (preference to Make in India) Order 2017 dated 16.09.2020.
SIGNATURE: DATE: ___________
Page 43
दो बोली ई-निनिदा GEM/2024/B/4742845
TWO BID GeM-TENDER GEM/2024/B/4742845 for BRC for hiring of services
for blasting & painting of mild steel plates and sections at Anik yard ,chembur
for MPV Ships.
Annexure-F
FORMAT FOR INFORMATION OF PAST ORDERS:
Bidders are required to submit information of past orders as per tender clause no. 8.
Page 44
दो बोली ई-निनिदा GEM/2024/B/4742845
TWO BID GeM-TENDER GEM/2024/B/4742845 for BRC for hiring of services
for blasting & painting of mild steel plates and sections at Anik yard ,chembur
for MPV Ships.
Annexure-G
MDL BANK ACCOUNT DETAILS FOR REMITTANCE OF SD:
1. Contractors/bidders can use the following links/steps for making online payment of EMD/SD.
a. www.mazagondock.in/onlinepayment.aspx
OR
b. Follow the following steps.
Go to www.mazagondock.in
Click on online payment tab available on home page.
4 options viz. Career, tender, security, scrap/disposal will be available.
Click on the respective tab and make the payment online using debit cards, credit cards, net
banking, BHIM / UPI etc. after filling the required details.
2. Details to be filled by bidders making online remittance of funds in MDL’s bank account:
MDL Nature of
Date of Name of Vendor Amount
tender/PO. Ref Remittance viz.
Remittance Firm Code Remitted (Rs.)
No. EMD/SD etc.
Signature of Vendor/Representative
Page 45
दो बोली ई-निनिदा GEM/2024/B/4742845
TWO BID GeM-TENDER GEM/2024/B/4742845 for BRC for hiring of services
for blasting & painting of mild steel plates and sections at Anik yard ,chembur
for MPV Ships.
Annexure-H
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 Land, 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 tender 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 if 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.
Page 46
दो बोली ई-निनिदा GEM/2024/B/4742845
TWO BID GeM-TENDER GEM/2024/B/4742845 for BRC for hiring of services
for blasting & painting of mild steel plates and sections at Anik yard ,chembur
for MPV Ships.
Page 47
दो बोली ई-निनिदा GEM/2024/B/4742845
TWO BID GeM-TENDER GEM/2024/B/4742845 for BRC for hiring of services
for blasting & painting of mild steel plates and sections at Anik yard ,chembur
for MPV Ships.
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 or 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 compe nsation 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.
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
Page 48
दो बोली ई-निनिदा GEM/2024/B/4742845
TWO BID GeM-TENDER GEM/2024/B/4742845 for BRC for hiring of services
for blasting & painting of mild steel plates and sections at Anik yard ,chembur
for MPV Ships.
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 Bi dder, however, the same Bidder
can approach the Monitor(s) appointed for the purposes of this Pact.
Section 5 - 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 sector
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 6 - 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 7 - 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 8 - 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, un restricted 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.
Page 49
दो बोली ई-निनिदा GEM/2024/B/4742845
TWO BID GeM-TENDER GEM/2024/B/4742845 for BRC for hiring of services
for blasting & painting of mild steel plates and sections at Anik yard ,chembur
for MPV Ships.
(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
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 inf ormation
directly to the Central Vigilance Commissioner, Government of India.
(9) The word ‘Monitor’ would include both singular and plural.
Section 9 - 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 10 - 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 i nvalid, the remainder of this
agreement remains valid. In this case, the parties will strive to come to an agreement to their original
intentions.
Section 11 – 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.”
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दो बोली ई-निनिदा GEM/2024/B/4742845
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for blasting & painting of mild steel plates and sections at Anik yard ,chembur
for MPV Ships.
__________________________ ____________________________
For & on behalf of For & on behalf of Bidder/Contractor
MAZAGON DOCK SHIPBUILDERS LIMITED
(Office Seal)
Place___________
Date____________
Witness 1: Witness 2:
(Name & Address) (Name & Address)
______________________ ______________________
______________________ ______________________
______________________ ______________________
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for blasting & painting of mild steel plates and sections at Anik yard ,chembur
for MPV Ships.
Enclosure-1
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.
2.1 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.
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for blasting & painting of mild steel plates and sections at Anik yard ,chembur
for MPV Ships.
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 India 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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दो बोली ई-निनिदा GEM/2024/B/4742845
TWO BID GeM-TENDER GEM/2024/B/4742845 for BRC for hiring of services
for blasting & painting of mild steel plates and sections at Anik yard ,chembur
for MPV Ships.
Enclosure-2
CONTENTS
1. Introduction 2
2. Scope 2
3. Definitions 2-3
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for blasting & painting of mild steel plates and sections at Anik yard ,chembur
for MPV Ships.
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.
2.6 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
i) ‘Bidder / Contractor / Supplier / Purchaser / Customer’ shall mean and include a public 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:
c) If management is common;
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for blasting & painting of mild steel plates and sections at Anik yard ,chembur
for MPV Ships.
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.
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.
5.1 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 Investi gating 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.
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for blasting & painting of mild steel plates and sections at Anik yard ,chembur
for MPV Ships.
5.5 If the Agency concerned asks for detailed reasons of suspension, the Agency may be 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.
6.1 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/ blackli sting 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;
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for blasting & painting of mild steel plates and sections at Anik yard ,chembur
for MPV Ships.
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).
7.1 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:
i) To study the report of the Investigating Agency and deci de 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.
8.1 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 o f MDL, necessary facility for
inspection of documents may be provided.
9.3 The Competent Authority may consider and pass an appropriate speaking order:
b) For removing the Agency from the list of approved Suppliers / Contactors, etc.
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TWO BID GeM-TENDER GEM/2024/B/4742845 for BRC for hiring of services
for blasting & painting of mild steel plates and sections at Anik yard ,chembur
for MPV Ships.
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.
10.1 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.
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 developmen t 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 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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for blasting & painting of mild steel plates and sections at Anik yard ,chembur
for MPV Ships.
Annexure-J
3. Annexure- Q - Declaration by bidder for Restrictions under rule 144(xi) of general financial rules GFRs,
(2017) on firm’s letterhead.
4. Bidders Shop and establishment registration certificate or registration certificate from registrar of firms or
certificate of incorporation from Registrar of Companies or any other valid document that confirms the
firm’s status. (Exempted for permanent registered vendor.)
5. Valid Tax Registration Certificate / GST registration certificate and PAN card.
8. Annexure-B in indicating quoted / not quoted. Also mention GST% and HSN.
9. Annexure –C for Declaration Certificate for Local Content.
10. Annexure – F & N: Past order executed by Vendor and subsequent Work completion certificate
11. Annexure – K: Dully filled (Tender Enquiry Form) TEF Acceptance format to be uploaded.
12. Annexure – M: Dully filled General Contract conditions acceptance format to be uploaded.
13. Annexure – O: Acceptance for GST terms & conditions to be uploaded.
14. Ready to submit required Security Deposit (SD) / Performance Bank Guarantee (PBG) or agreeing to
extend the validity of the submitted SDBG / PBG in case of requirement of extension of validity of bank
guarantee.
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for blasting & painting of mild steel plates and sections at Anik yard ,chembur
for MPV Ships.
Annexure-K
TEF (TENDER ENQUIRY FORMAT) ACCEPTANCE FORMAT:
To,
MAZAGON DOCK SHIPBUILDERS LIMITED
OUTSOURCING DEPARTMENT.
_____________________________ SIGNATURE:
DATE:
_____________________________ NAME:
DESIGNATION:
_____________________________ BIDDER’S COMPANY SEAL:
NOTE:
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for blasting & painting of mild steel plates and sections at Anik yard ,chembur
for MPV Ships.
a. Bidders should carefully read the Terms & Conditions of the Tender Enquiry Form (TEF) prior to filling up
this acceptance format.
b. This format should be properly filled, signed and bidder shall upload the scanned copy of the same online.
c. Bidder(s) should indicate “ACC” for Accepted, “DEV” for Deviation Taken for each clause number in the
above table.
d. 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.
e. Clause numbers shown in the above format also includes the sub-clauses under these clauses.
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for blasting & painting of mild steel plates and sections at Anik yard ,chembur
for MPV Ships.
Annexure-L
GENERAL CONDITIONS OF CONTRACT (GCC)
The word 'Purchaser' refers to MAZAGON DOCK SHIPBUILDERS LIMITED, (MDL), a Company
within the meaning of Companies Act, 2013 and it includes its successors or assignees. The word
‘Bidder’ (including the term ‘tenderer’, ‘consultant’ ‘vendor’ or ‘service provider’ in certain contexts)
means any legal entity such as firm(s) of Proprietorship / Partnership Firm / Limited Liability
Partnership / Private Limited / Limited company / Society registered under Society’s Act / Statutory
Bodies/ Consortium/ Joint Venture etc. participating in a procurement process. 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
Bidder/Supplier/Contractor 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. 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 GCC.
1. TENETS OF INTERPRETATION
Unless where the context requires otherwise, throughout the contract: (a) The heading of these
conditions shall not affect the interpretation or construction thereof. (b) Writing or written includes
matter either whole or in part, in digital communications, manuscript, typewritten, lithograp hed,
cyclostyled, photographed, or printed under or over signature or seal or digitally acceptable
authentication, as the case may be. (c) Words in the singular include the plural and vice-versa. (d)
Words importing the masculine gender shall be taken to include other genders, and words impor ting
persons shall include any company or association or body of individuals, whether incorporated or not.
(e) Terms and expression not herein defined shall have the meanings assigned to them in the Contract
Act, 1872 (as amended) or the Sale of Goods Act, 1930 (as amended) or the General Clauses Act, 1897
(as amended) or of INCOTERMS, (current edition published by the International Chamber of
Commerce, Paris) as the case may be. (f) Any reference to ‘Goods’ shall be deemed to include the
incidental Works/ Services also. (g) Any generic reference to GCC shall also imply a reference to TEF
as well. (h) In case of conflict, provisions of TEF shall prevail over those in GCC. (i) Any reference
to ‘Contract’ shall be deemed to include all other documents (inter-alia GCC, TEF). (j) Any reference
to any legal Act, Government Policies or orders shall be deemed to include all amendments to such
instruments, from time to time, till date. (k) Fall Clause shall be expressly applicable in the case of
Rate Contract.
2. LANGUAGE OF CONTRACT
Unless otherwise stipulated in TEF, the contract shall be written in the Official Language or Englis h.
All correspondence and other contract documents, which the parties exchange, shall also be written/
translated accordingly in that language. For purposes of interpretation of the contract, the Englis h
documents/ translation shall prevail.
3. GOVERNING LAWS AND JURISDICTION
3.1 Governing Laws and Jurisdiction
(a) This Contract, its meaning and interpretation, and the relation between the Parties shall be governed
by the Laws of India for the time being in force.
(b) Irrespective of the place of delivery, or the place of performance or the place of payments under
the contract, the contract shall be deemed to have been made at the place from which the Purchase
Order/Contract/Letter of Intent has been issued. The courts of such a place shall alone have jurisdic tio n
to decide any dispute arising out or in respect of the contract.
3.2 Changes in Laws and Regulations
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for blasting & painting of mild steel plates and sections at Anik yard ,chembur
for MPV Ships.
Unless otherwise stipulated in the contract, if after the last deadline for the bid submission (Techno -
commercial), any law, regulation, ordinance, order or bye-law having the force of law is enacted,
promulgated, abrogated, or changed in India (which shall be deemed to include any change in
interpretation or application by the competent authorities) that subsequently affects the Delivery Date
and/ or the contract Price, then such Delivery Date and/ or Contract Price shall be correspondingly
increased or decreased, to the extent that the contractor has thereby been affected in the performance
of any of its obligations under the contract. Notwithstanding the foregoing, such additional or reduced
cost shall not be separately paid or credited if the same has already been accounted for in the price
adjustment provisions where applicable.
(b) Confidentiality
All documents, drawings, samples, data, associated correspondence or other information furnished by
or on behalf of MDL to the contractor, in connection with the contract, whether such information has
been furnished before, during or following completion or termination of the contract, are confidentia l
and shall remain the property of MDL and shall not, without the prior written consent of MDL neither
be divulged by the contractor to any third party, nor be used by him for any purpose other than the
design, procurement, or other services and work required for the performance of this Contract. If
advised by MDL, all copies of all such information in original shall be returned on completion of the
contractor’s performance and obligations under this contract.
(c) Secrecy
If the Contract declares the subject matter of this Contract as coming under the Official Secrets Act,
1923 or if the contract is marked as “Secret”, the contractor shall take all reasonable steps necessary
to ensure that all persons employed in any connection with the contract, have acknowledged their
responsibilities and penalties for violations under the Official Secrets Act and any regulations framed
thereunder.
(iv) The obligation of the contractor under sub-clauses above, however, shall not apply to informa tio n
that:
(aa) The contractor needs to share with the institution(s) participating in the financing of the
contract; (ab) now or hereafter is or enters the public domain through no fault of Contractor;
(ac) can be proven to have been possessed by the contractor at the time of disclosure and which
was not previously obtained, directly or indirectly, from MDL; or
(ad) otherwise lawfully becomes available to the contractor from a third party that has no
obligation of confidentiality.
(v) The above provisions shall not in any way modify any undertaking of confidentiality (or Secrecy
– as the case may be) given by the contractor before the date of the contract in respect of the contract/
the Tender Document or any part thereof.
(vi) The provisions of this clause shall survive completion or termination for whatever reason of the
contract.
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for MPV Ships.
After such a show-cause notice, all payments to the contractor would be temporarily withhe ld
to safeguard needed recoveries that may become due on invoking contractual remedies.
(c) Terminations for Default
(i) Notice for Termination for Default: In the event of unsatisfactory resolution of ‘Notice of
Default’ within two weeks of its issue as per subclause above, MDL if so decided, shall by
written Notice of Termination for Default sent to the contractor, terminate the contract in whole
or in part, without compensation to the contractor.
(ii) Such termination shall not prejudice or affect the rights and remedies, including under sub-
clause below, which have accrued and/ or shall accrue to MDL after that.
(iii) Unless otherwise instructed by MDL, the contractor shall continue to perform the contract
to the extent not terminated. All warranty obligations, if any, shall continue to survive despite
the termination.
(d) Contractual Remedies for Breaches/Defaults or Termination for Default
If there is an unsatisfactory resolution within this period, MDL shall take one; or more of the following
contractual remedies.
(i) Temporary withhold payments due to the contractor till recoveries due to invocation of other
contractual remedies are complete.
(ii) Call back any loaned property or advances of payment, if any, with the levy of interest at the
prevailing rate (MIBID - Mumbai Interbank Bid Rate).
(iii) Recover liquidated damages and invoke denial clause for delays.
(iv) Encash and/ or Forfeit performance or other contractual securities.
(v) Prefer claims against insurances, if any.
(vi) Terminate contract for default, fully or partially including its right for Riskand-Cost Procurement
as per following sub-clause.
(vii) Risk and Cost Procurement
In addition to termination for default, MDL shall be entitled, and it shall be lawful on his part, to
procure Goods same to those terminated, with such terms and conditions and in such manner as it
deems fit at the “Risk and Cost” of the contractor. Such ‘Risk and Cost Procurement’ must be initiated
(viz. AIP/PR/Tender) within six months from the termination of Contract. The Contractor shall be
liable for any loss which MDL may sustain on that account provided the procurement, or, if there is
an agreement to procure, such agreement is made. The Contractor shall not be entitled to any gain on
such procurement, and the manner and method of such procurement shall be in the entire discretion of
MDL. (Note: deleted being contrary to law). (Note: No contractor would give security after the
termination of the contract) Note: Regarding the Goods which are not readily available in the market
and where procurement difficulties are experienced, the period for making risk procurement shall be
nine months instead of six months provided above.
(viii) Initiate legal proceedings in a for the recovery of the losses and damages, not addressable by the
above means.
9. CLOSURE OF CONTRACT
The contract shall stand closed upon successful performance of all obligations by the firm, includ ing
completion of warrantee obligations and final payment. If no claim is received within 03 years from
last supplies/services, then no claim shall be entertained thereafter.
Page 66
दो बोली ई-निनिदा GEM/2024/B/4742845
TWO BID GeM-TENDER GEM/2024/B/4742845 for BRC for hiring of services
for blasting & painting of mild steel plates and sections at Anik yard ,chembur
for MPV Ships.
Page 67
दो बोली ई-निनिदा GEM/2024/B/4742845
TWO BID GeM-TENDER GEM/2024/B/4742845 for BRC for hiring of services
for blasting & painting of mild steel plates and sections at Anik yard ,chembur
for MPV Ships.
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.
21. PATENT RIGHTS
The Bidder / Supplier / Contractor 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.
India is not and shall not be liable for any acts, omissions and commissions, breaches or other wrongs
arising out of the contract. Accordingly, (Bidder / Supplier / Contractor) hereby expressly waives,
releases 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.
(i) Any dispute/differences between the parties arising out of and in connection with the contract shall
be settled amicably by mutual negotiations at HoS/HoD level.
(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.
(b) Arbitration
Unresolved disputes/differences, if any, shall then be settled by Arbitration. The Arbitratio n
proceedings shall be conducted at Mumbai, India, in English Language, under the Arbitration and
Conciliation Act, 1996 as amended from time to time and the rules thereunder.
Page 69
दो बोली ई-निनिदा GEM/2024/B/4742845
TWO BID GeM-TENDER GEM/2024/B/4742845 for BRC for hiring of services
for blasting & painting of mild steel plates and sections at Anik yard ,chembur
for MPV Ships.
MDL prefers to have arbitration through Institutes such as Indian Council of Arbitration (ICA)/ICA-
DR, Mumbai Centre for International Arbitration, International Chamber of Commerce (ICC),
Singapore International Arbitration Centre (SIAC) with the mutual consent of the parties.
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/differe nces
remain unresolved/unexecuted, the same shall be referred first to the Cabinet Secretariat and then, if
necessary to the PMO. Any changes to arbitration clause must be vetted by HOD (Legal) before
incorporation in contract/PO.
29. JURISDICTION OF COURTS 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.
The Contractor / Bidder must settle all the pending dues of the employees i.e. arrears of wages,
proportionate leave wages, proportionate bonus payment, etc. Before winding up the site, the
Contractor / Bidder shall pay all terminal dues to his employees such as Notice pay, Gratuity,
Retrenchment compensation, etc.
32. BONUS ACT
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.
The Contractor / Bidder shall observe all applicable Rules and Regulations stipulated under Factories
Act applicable to contract labour. The Contractor / Bidder shall maintain a separate register prescribed
under the Act and pay Privilege Leave wages to all eligible employees. On completion of execution of
the contract and before winding up, the Contractor / Bidder shall pay proportionate Privilege Leave
wages to all eligible employees.
34. EMPLOYEES’ PROVIDENT FUNDS AND MISCELLANEOUS PROVISIONS ACT, 1952
The Contractor / Bidder, where applicable, shall cover his employees deployed in the Purchaser’s Yard
(a) under the Employees’ Provident Funds and Miscellaneous Act, 1952,
(b) under the Family Pension Scheme, and
(c) under the Employees’ Deposit Linked Insurance Scheme and pay the contributions both in respect
of his employees and his own. He shall submit all the necessary returns and other particulars
periodically as prescribed under the said Act. Contractor / Bidder shall cover from the first day working
all his contract labour on MDL jobs by filling requisite returns to concerned Statutory authorities and
obtaining Code Numbers / Account Numbers. Contractor / Bidder shall remit employees’ and
employers’ contributions directly to the concerned authorities along with Inspection and
Administrative Charges as per relevant provisions of the concerned Acts and Schemes made there
under within 15 days from theclose 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) and 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 Inspec tion
Report.
The Contractor / Bidder through his own P. F. code number shall fill in P. F. / Pension settlement forms
of all the employees engaged in Purchaser’s Yard, well in advance of last working day and forwards
the said settlement forms to the respective P. F. Commissioner’s office for settlement. Contractors who
are yet to obtain PF code shall apply for Code no s to PF Commissioners Office and 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.
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
35. EMPLOYEES’ STATE INSURANCE ACT
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.
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 and Scheme. The contract employees who are out of coverage of ESI Act and 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 applicatio n
for obtaining ESI Code no to Corporate Personnel Department.
36. SAFETY
Page 71
दो बोली ई-निनिदा GEM/2024/B/4742845
TWO BID GeM-TENDER GEM/2024/B/4742845 for BRC for hiring of services
for blasting & painting of mild steel plates and sections at Anik yard ,chembur
for MPV Ships.
The Contractor / Bidder must observe all safety precautions in connection with the work to be
performed by him, his agents or labourers. In the event of any accident happening in our yard resulting
in loss of lives or otherwise damaging any part of the property, the contractor shall be required to make
good the loss to the Company and shall be responsible for all consequences that follow from the loss
and / or injuries to the persons involved in such accidents. The standard of safety to be observed in the
Company shall be decided by the Executive-in-Charge Safety, or any Executive appointed for the
purpose before the commencement of work in the yard. It will be essential for contractor to ascertain
the standard precautions which contractor is required to observe in discharging his work as per the
standards prevalent in MDL. The decision of MDL in matters concerning Safety shall be final and
binding on the contractor.
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 to be disallowed for work.
37. POLICE VERIFICATION OF EMPLOYEES
Contractor / Bidder shall have to produce and submit to the Chief Security Executive of Purchaser,
verification through Mumbai Police of Character and Antecedents of their employees / workers for
while working on ships under construction in Purchaser’s Yards, for working onboard ships under
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.
38. FORCE MAJEURE
If at any time during the execution of the goods / service order, the performance in whole or in part by
either Purchaser or and by the Bidder(s) / Supplier(s) / Contractor(s) is / are delayed by any reason of
force majeure situations such as acts of civil war, civil commotion, sabotage, hostilities, war, fires,
explosions, epidemics, natural calamities like floods, earthquakes, volcanoes, storms, acts of God and
laws of respective governments or any other causes beyond the control of either parties, hereinafter
referred to as "events", provided notice of the occurrence of such event/s is / are communicated by
either party, to the other party within 21 days from the date of occurrence thereof, neither party shall
by reason such events be entitled to terminate the contract nor shall either party have any claim for
damages against the other in respect of such non-performance and or delay in performance of the
contract / order. Executions on either side shall be resumed as soon as practicable after such event has
come to an end or ceased to exist and the decision of Purchaser as to whether activities can resume or
not, shall be conclusive and final. Occurrence of the events to be certified by Chamber of Commerce
/ Indian High Commission or Embassies / Government in that Country.
The performance in whole or in part under the captioned tender / contract is prevented or delayed by
reason of any such event for a period exceeding sixty days either party may at its option terminate the
contract / further processing of the tender. The relative obligations of both the parties remain suspended
during the actual period of force majeure.
The Purchaser may extend the delivery schedule as mutually agreed, on receipt of written
communication from the Bidder / Supplier / Contractor 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.
Page 72
दो बोली ई-निनिदा GEM/2024/B/4742845
TWO BID GeM-TENDER GEM/2024/B/4742845 for BRC for hiring of services
for blasting & painting of mild steel plates and sections at Anik yard ,chembur
for MPV Ships.
Annexure-M
GENERAL CONDITIONS OF CONTRACT ACCEPTANCE FORMAT:
To,
MAZAGON DOCK SHIPBUILDERS LIMITED
OUTSOURCING DEPARTMENT.
GCC BIDDER’S GCC BIDDER’S GCC BIDDER’S
CLAUSE No. REMARK CLAUSE REMARK CLAUSE No. REMARK
No.
Acc/Dev Acc/Dev Acc/Dev
1 14 27
2 15 28
3 16 Not Applicable 29
4 17 30
5 18 31
6 Not Applicable 19 32
7 Not Applicable 20 33
8 21 34
9 22 35
10 23 36
11 Not Applicable 24 37
12 Not Applicable 25
13 Not Applicable 26
NOTE:
1. Bidders should carefully read the GENERAL CONDITIONS OF CONTRACT of the Tender (GCC) prior to filling
up this acceptance format (available on MDL Web site
2. This format should be properly filled, signed and bidder shall upload the scanned copy of the same online.
3. Bidder(s) should indicate “ACC” for Accepted, “DEV” for Deviation Taken for each clause number in the
above table.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.
Page 73
दो बोली ई-निनिदा GEM/2024/B/4742845
TWO BID GeM-TENDER GEM/2024/B/4742845 for BRC for hiring of services
for blasting & painting of mild steel plates and sections at Anik yard ,chembur
for MPV Ships.
Page 74
दो बोली ई-निनिदा GEM/2024/B/4742845
TWO BID GeM-TENDER GEM/2024/B/4742845 for BRC for hiring of services
for blasting & painting of mild steel plates and sections at Anik yard ,chembur
for MPV Ships.
Annexure-O
TERMS RELATED TO TAXES (GST)
1. GST as per GST Laws shall be payable extra as quoted and agreed.
2. In case of purchases of goods/services from unregistered dealers under GST Laws, GST will be paid by MDL
under reverse charge mechanism.
3. Benefits from reduction in rate of tax/ITC are 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 be
given in technical bid.
4. 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 any 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.
5. 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-filing of 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 short coming is not rectified
by supplier/contractor and MDL ends up in reversal of credits and / or payments, supplier /contractor is fully
liable for making good all the loss incurred by MDL. MDL reserves right to recover any interest, penalty or loss
from any amount due to Supplier /Contractor or otherwise.
6. If the vendor is registered under GST, the GST registration number (15 digit GSTIN) issued by GOI shall be
mandatorily provided by the vendor. Vendor having multiple business verticals within state / at multiple states
with separate GST registration numbers shall forward GSTIN of only that vertical which is involved in supply of
goods and/or services. MDL GSTIN is 27AAACM8029J1ZA and vendor shall mention the same while invoicing
and avoid any data entry error on GST portal.
7. If the vendor is registered under GST, Vendor shall ensure timely submission of invoice as per the provisions /
requirement / timeline promulgated by GOI in relation to GST Law with all required supporting documents to
enable MDL to avail input tax credit promptly. The vendors invoice inter alia should contain GSTIN of vendor,
GSTIN of MDL (i.e. 27AAACM8029J1ZA), GST tax rate separately, HSN code wise goods or services, place of
supply, signature of vendor, etc. Original invoice needs to be submitted to Bill Receipt Centre at MDL gate, and
a copy of the invoice should be given to the goods receiving section(GRS).
8. 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 of monthly returns by
supplier/contractor, MDL retains right to withhold payments towards tax portion until the same is corrected &
complied by the supplier/contractor with the requirement of GST along with satisfactory evidence.
9. The rate sheet enclosed with the tender will indicate the rates to be entered under each head wherever
applicable. Bidders must clearly mention the applicable Taxes & Duties. The item-wise rates (i.e.
Basic+P&F+F&I) quoted in the Rate Sheet should exclude Taxes & Duties. Bidder should indicate GST rates as
applicable separately under each of the head in the same Rate sheet, which will be paid extra based on tax
invoice to the extent applicable. The GST will be applicable on total basic rate of each item (i.e. Basic + P&F +
F&I).
Page 75
दो बोली ई-निनिदा GEM/2024/B/4742845
TWO BID GeM-TENDER GEM/2024/B/4742845 for BRC for hiring of services
for blasting & painting of mild steel plates and sections at Anik yard ,chembur
for MPV Ships.
Annexure-P
1. Vendor Name :
2. PAN No. :
3. Vendor Address :
4. Vendor's Telephone :
5. E-Mail Address :
6. Bank Name :
Bank Address
7. Fax No. :
Telephone No.
8. Account No. :
9. Account Type :
12 MICR No. :
We hereby declare that the particulars given above are correct and complete. If the transaction is delayed for
reason of incomplete or incorrect information, we would not hold MDL responsible.
Certified that the particular as per Serial No. 1 to 14 are correct as per our records.
Page 76
दो बोली ई-निनिदा GEM/2024/B/4742845
TWO BID GeM-TENDER GEM/2024/B/4742845 for BRC for hiring of services
for blasting & painting of mild steel plates and sections at Anik yard ,chembur
for MPV Ships.
Annexure-Q
Declaration by bidder for RESTRICTIONS UNDER RULE 144(XI) OF GENERAL FINA NCIAL RULES
GFRS, (2017) AS PER DIRECTIVES F NO. DPE/7(4)/2017- FIN DTD 24.02.2023 & ORDER NO
F.7/10/2021-PPD (1) DTD 23.02.2023
l have read the clause regarding restrictions on procurement from a bidder of a country which shares a
land border with India; I certify that our Firm M/s………………………………………... is not from such a country and
does not have any specified Transfer of Technology (TOT) from such a country or, if from such a country or if
having specified TOT from such a country has been registered with the Competent Authority.
I hereby certify that our Firm M/s………………………………………………. fulfills all requirements in this regard
and is eligible to be considered for procurement on GeM. [Where applicable, evidence of valid registration by
the Competent Authority shall be attached along with this declaration as per the case]
Note – The successful bidder shall not be allowed to sub-contract works to any contractor from a country which
shares a land border with India unless such contractor is registered with the Competent Authority.MDL reserves
the right to consider placement of Order / Contract or reject any or all tenders/Orders without assigning any
reason.
_____________________________ SIGNATURE:
DATE:
_____________________________ NAME:
DESIGNATION:
Page 77
दो बोली ई-निनिदा GEM/2024/B/4742845
TWO BID GeM-TENDER GEM/2024/B/4742845 for BRC for hiring of services
for blasting & painting of mild steel plates and sections at Anik yard ,chembur
for MPV Ships.
Annexure-R
Page 78
दो बोली ई-निनिदा GEM/2024/B/4742845
TWO BID GeM-TENDER GEM/2024/B/4742845 for BRC for hiring of services
for blasting & painting of mild steel plates and sections at Anik yard ,chembur
for MPV Ships.
Annexure-S
Proforma Bank Guarantee for SD.
(On Non-Judicial stamp paper of value Rs. 500/-.)
IN CONSIDERATION OF MAZAGON DOCK SHIPBUILDERS LIMITED, a company i ncorporated under the Companies Act 1956 a nd having
i ts registered office a t Dockyard Road, Mumbai 400010 (hereinafter referred to as the “the Purchaser” which expression shall, unless
i t be repugnant or contrary to the subject or context thereof, be deemed to mean a nd include its successors and assigns) having placed
a n order on Messer’s ……………….. a partnership firm/sole proprietor business/a company registered under the Companies Act, 1956
ha vi ng i ts office a t ……………. (hereinafter ca lled the “Contractor/Supplier” which expression s hall, unless it be repugnant or contrary
to the s ubject or context thereof, be deemed to mean a nd i nclude its s uccessors a nd a ssigns) vi de order No. 3110008527 Dated
22.07.2019 (hereinafter ca lled “the order” which expression s hall include a ny a mendments/alterations to “the order” i ssued by “the
Purcha s er”) for the supply, delivery at site, installation and commissioning of certain equipment, item/services/civil works etc. as stated
i n the said Order a nd the Purchaser having agreed with the Contractor/Supplier to a ccept a Bank Guarantee in lieu of Security Deposit
pa ya ble under the s a id order for the ful fillment a nd performance of the s a id order, We, ………………………….. Ba nk ha ving office
a t…………………… (hereinafter referred to as “the Bank” which expression shall includes i ts s uccessor and assign) hereby agree to pay to
the purchaser wi thout any demur on first demand a mount not exceeding Rs…………(Rupees……………..only) being 5% of the order value
a ga inst any l oss or damage, costs, charges and expenses cause to or suffered by the purchaser by reason of non-performance and non-
ful fillment or for a ny breach on the part of the Contractor/ Supplier of any of the terms & conditions of the said order.
2. We,.………………..Ba nk further agree that the Purchaser shall be sole judge whether the said Contractor/Supplier has failed to perform
or ful fill the said order in term thereof or committed breach of any terms and conditions of the order and the extend of loss, damage,
cos t, cha rges and expenses s uffered or i ncurred or would be s uffered or i ncurred by the purchaser on account thereof a nd we waive
i n the favour of the Purchaser a ll the right a nd defenses to which we as Guarantors may be entitled to.
3. We,…………………. Ba nk further a gree that the amount demanded by the Purchaser a s s uch s hall 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
fi rs t demand a nd wi thout a ny demur notwithstanding a ny di spute ra ised by the Contra ctor/Supplier or a ny s ui t or other legal
proceedings including arbitration pending before any court, tri bunal or arbitrator related thereto, our liability under this guarantee
bei ng absolute and unconditional.
4. We,………………….Ba nk further agree with the purchaser that the purchaser s hall have the fullest liberty without our consent and
wi thout a ffecting in a ny manner our obligations hereunder to va ry a ny of the terms and conditions of the said order/or to ext end time
of performance by the Supplier from time to time or to postpone for any time to time any of the power excisable by the Purcha ser
a ga inst the Contractor/ Supplier a nd to forbear to enforce any of the terms a nd conditions relating to the order a nd we shall not be
rel i eved from our liability by reason of any such variation or extension being granted to the Contractor/Supplier or for a ny forbearance,
a ct or omi ssion on the part of the Purchaser or a ny i ndulgence by the Purchaser to the Contractor/Supplier or by a ny s uch matter or
thi ngs whatsoever which under the law relating to s ureties would have the effect of relieving us.
5. We, …………………..Ba nk further undertake not to revoke this guarantee during its currency except with the previous consent of the
Purcha s er in wri ting.
6. We,…………………...Ba nk a lso agree that the Bank’s liability under this guarantee shall not be affected by any change in the constitution
of the Contra ctor/ Supplier or dissolution or winding up of the business of the contractor/supplier.
For ………………….. Ba nk
(by i ts constituted a ttorney)
Page 79
दो बोली ई-निनिदा GEM/2024/B/4742845
TWO BID GeM-TENDER GEM/2024/B/4742845 for BRC for hiring of services
for blasting & painting of mild steel plates and sections at Anik yard ,chembur
for MPV Ships.
Annexure-T
STATUTORY COMPLIANCES BY SUB CONTRACT EMPLOYEES
Page 80
दो बोली ई-निनिदा GEM/2024/B/4742845
TWO BID GeM-TENDER GEM/2024/B/4742845 for BRC for hiring of services
for blasting & painting of mild steel plates and sections at Anik yard ,chembur
for MPV Ships.
Page 81
दो बोली ई-निनिदा GEM/2024/B/4742845
TWO BID GeM-TENDER GEM/2024/B/4742845 for BRC for hiring of services
for blasting & painting of mild steel plates and sections at Anik yard ,chembur
for MPV Ships.
Page 82
दो बोली ई-निनिदा GEM/2024/B/4742845
TWO BID GeM-TENDER GEM/2024/B/4742845 for BRC for hiring of services
for blasting & painting of mild steel plates and sections at Anik yard ,chembur
for MPV Ships.
Page 83
दो बोली ई-निनिदा GEM/2024/B/4742845
TWO BID GeM-TENDER GEM/2024/B/4742845 for BRC for hiring of services
for blasting & painting of mild steel plates and sections at Anik yard ,chembur
for MPV Ships.
Page 84
दो बोली ई-निनिदा GEM/2024/B/4742845
TWO BID GeM-TENDER GEM/2024/B/4742845 for BRC for hiring of services
for blasting & painting of mild steel plates and sections at Anik yard ,chembur
for MPV Ships.
Annexure-U
SAFETY INSTRUCTION FOR SUB-CONTRACTORS
Page 85
दो बोली ई-निनिदा GEM/2024/B/4742845
TWO BID GeM-TENDER GEM/2024/B/4742845 for BRC for hiring of services
for blasting & painting of mild steel plates and sections at Anik yard ,chembur
for MPV Ships.
Page 86
दो बोली ई-निनिदा GEM/2024/B/4742845
TWO BID GeM-TENDER GEM/2024/B/4742845 for BRC for hiring of services
for blasting & painting of mild steel plates and sections at Anik yard ,chembur
for MPV Ships.
Page 87
दो बोली ई-निनिदा GEM/2024/B/4742845
TWO BID GeM-TENDER GEM/2024/B/4742845 for BRC for hiring of services
for blasting & painting of mild steel plates and sections at Anik yard ,chembur
for MPV Ships.
Page 88
दो बोली ई-निनिदा GEM/2024/B/4742845
TWO BID GeM-TENDER GEM/2024/B/4742845 for BRC for hiring of services
for blasting & painting of mild steel plates and sections at Anik yard ,chembur
for MPV Ships.
Page 89
दो बोली ई-निनिदा GEM/2024/B/4742845
TWO BID GeM-TENDER GEM/2024/B/4742845 for BRC for hiring of services
for blasting & painting of mild steel plates and sections at Anik yard ,chembur
for MPV Ships.
Page 90
दो बोली ई-निनिदा GEM/2024/B/4742845
TWO BID GeM-TENDER GEM/2024/B/4742845 for BRC for hiring of services
for blasting & painting of mild steel plates and sections at Anik yard ,chembur
for MPV Ships.
Page 91
दो बोली ई-निनिदा GEM/2024/B/4742845
TWO BID GeM-TENDER GEM/2024/B/4742845 for BRC for hiring of services
for blasting & painting of mild steel plates and sections at Anik yard ,chembur
for MPV Ships.
Page 92
दो बोली ई-निनिदा GEM/2024/B/4742845
TWO BID GeM-TENDER GEM/2024/B/4742845 for BRC for hiring of services
for blasting & painting of mild steel plates and sections at Anik yard ,chembur
for MPV Ships.
Page 93
दो बोली ई-निनिदा GEM/2024/B/4742845
TWO BID GeM-TENDER GEM/2024/B/4742845 for BRC for hiring of services
for blasting & painting of mild steel plates and sections at Anik yard ,chembur
for MPV Ships.
Page 94