NOTICE INVITING “EXPRESSION OF INTEREST”

FOR

“COLLABORATION WITH SHIPYARDS FOR CONSTRUCTION OF

COMMERCIAL / DEFENCE SHIPS FOR INDIAN CUSTOMERS AND EXPORT
PROJECTS”

SECTION A
1. Ref. No. : GSL/OS/EOI/2024-25/01
2. Date of Issue of EOI : 06.04.2024
3. Last Date of Clarification/ : 23.04.2024, 16:30 Hrs
Consultation
4. Last date for Submission of EOI : 30.04.2024, 16:30 Hrs
5. Contact Persons A. Mr. Vinayak R. Naik, AGM (OS)

E-mail: [email protected]

0832 – 2516113 (Tel)

B. Mr. Shreyash Kunde, M (OS)

E-mail: [email protected]

0832 – 2517295 (Tel)

6. Validity of EOI : 120 days from date of submission

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 SECTION B

1. Introduction – Goa Shipyard Limited (GSL), functioning under Ministry of Defence,

Govt. of India, is a premier shipyard in India, with an excellent track record of designing
and building high technology, sophisticated ships for domestic & foreign Customers at
fixed cost. GSL has delivered over 227 Ships & more than 160 composite Fast
Interceptor Boats to a varied clientele, besides having completed large number of
refits/repairs of diverse platforms. GSL’s product range include :-
• 35 / 37 Knots, 50M, Fast Patrol Vessels.
• 105M Advanced Offshore Patrol Vessels (AOPV and NOPV).
• 90M Offshore Patrol Vessel (OPV).
• 75M Patrol Vessel.
• Corvettes.
• Hydrographic Survey Vessels.
• Amphibious Ships
• Pollution Control Vessel.
• Sail Training Ships.
• High Speed Interceptor Crafts (Composite/Aluminum).
• Hovercrafts
• ASW Shallow Water Craft.
• Training Simulators (Damage Control/ NBC).
• Unmanned Surface Vessels
• Floating Dock

2. Having a vast pool of experienced Naval Architects, Engineers and skilled workforce,
supported by a modernized & comprehensive infrastructure (which includes 6000 Tons
Shiplift, well equipped jetties and Hard-stand etc); GSL is proactively exploring the
Defence as well as Commercial shipbuilding market in India and globally.

3. Through this Notice Inviting EoI, GSL intends to enter into a long-term collaboration with
reputed shipyards, to leverage their infrastructure, technical know-how and Project
Management Skills for augmenting its capability & capacity for successful execution of
commercial vessels for export as and when required, matching global quality standards
and timelines. The essence of this EOI is to empanel capable shipyards who are
interested in association with GSL to enable prompt response to emerging international
opportunities and in Indian market, through mutual synergy of each others’ strengths.
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4. Expression of Interest (EOI) is invited from reputed shipyards having proven experience
in construction of marine vessels and structures. After completion of evaluation of
response to the EOI by GSL, qualified shipyards will be empanelled. In the event of
receiving any export leads/opportunities in India, GSL may be approach the empanelled
shipyards for the Scope of Work (SoW) mentioned at Enclosure 1. Final selection will be
done by inviting bids from those shipyards, empanelled through the present EoI. Detailed
Terms and Conditions (T&C) shall be finalized on case to case basis, based on the
project requirements and finalised scope of work. GSL also reserves the right to engage
with firms even outside of this empanelling process for meeting its business objectives /
achieving specific targets.

Procedure:
5. Expression of Interest (EOI) is invited from eligible, capable and reputed shipyards for
empanelling them in GSL’s panel for the services as listed in Scope of Work at
Enclosure 1.

6. Empanelment of the shipyards shall be limited to the commercial vessel category (refer
Para 10 of enclosure 1 – list of Products / Scope of Work) only and the decision on
empanelment of the firm will solely be decided by the ‘Empowered Committee’ (EC)
appointed for that purpose at GSL whose decision shall be final and binding. No
communication whatsoever in this regard shall be entertained.

7. After receipt of due response (as per requisite mode and format), the firm(s) shall be
assessed by GSL through a committee constituted by it based on the prescribed
assessment criterion and thereafter shortlisted / selected. GSL reserves the right to
reject any or all of the responses/applications received against this Notice inviting
EoI, without assigning any reason whatsoever and also to stop further proceedings under
this EOI at any given point in time. GSL’s decision in this regard shall be Final.
However, submission of any response to this EoI or selection of firm(s) pursuant to this
EoI does not guarantee/assure any business to the firm(s) and no claims or
demands in this regard of any firm shall be entertained (Please note that GSL
Empowered Committee (EC) is at liberty to reduce / freeze total number of empanelled
firms against a specific product category, based on the ranking / Qualification criterion).

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8. No formal invitation shall be extended to the firms for the purpose of opening of this
Notice Inviting EoI.

9. The firms responding to this EoI must be willing for signing of the relevant NDA
(Reference copy attached- Annexure 3) towards proceeding with empanelment at GSL.

10. GSL would be committed to provide ‘Performance Warranty’ on its products and also
product support ranging from 5 to 25 years including obsolescence support for the entire
life cycle of the vessel/platform. The firms responding to this EoI must be willing to agree
to such a back to back commitment when required/sought by GSL.

11. Pursuant to assessment and empanelment, collaboration with the shortlisted firms by
means of entering into a ‘Memorandum of Understanding’ (MoU) may be done for a
specific time period of five years or such period as GSL deems fit and proper to
commence with. The Time period may be extended further as per mutually agreeable
terms. GSL shall avail the shortlisted firms’ services from time to time as per
requirements and also as per the commercial norms of GSL (within the mutually agreed
period - to be mentioned in MOU). Detailed Terms and Conditions (T&C) shall be
finalized on case to case basis based on project requirements and finalised scope of
work. GSL doesn’t guarantee/assure any business to the empanelled firms post signing
of MoU and no claims or demands in this regard of any firm shall be entertained.

12. Vendors responding to the EOI and selected by GSL committee, upon submission of all
relevant documents, shall also qualify to be short listed to receive Enquiry/tender for the
respective work that shall be floated subsequently. In case where more than one firm
qualifies to be empanelled under a particular category, the selection of a firm for any
specific project/venture will be based upon existing commercial practices of GSL and
furthering of GSL’s business objectives and solely at the discretion of GSL considering
its requirements and commercial interests

13. GSL also reserves the right to engage with firms even outside of this empanelling
process for furthering its business objectives.

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14. AMENDMENT OF EOI DOCUMENT & CORRIGENDUM:

GSL reserves the right to amend this EOI document by issuing corrigendum/
addendum. The corrigendum/addendum will be posted on GSL website at
https://goashipyard.in/notice-board/tender/expression-of-interest and shall be treated as a
part of the EOI Document. GSL may, at its discretion, extend the deadline for the
submission of Applications.

15. DISCLAIMER:

(a) This Expression of Interest (EOI) is not an offer by GSL but an invitation to receive
offers from interested parties for empanelling them in GSL vendor panel for providing
ship construction facilities and does not entail/guarantee any business. The purpose of
this Notice is to provide the necessary information that may be useful to such interested
parties in formulating their proposals for empanelment in response to this Notice.

(b) GSL reserves the right to modify or even not to proceed with the proposed EOI at any
stage.

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 Enclosure 1
(refer to Para 4 of Notice Inviting EoI)

Scope of Work

1. GSL would be scouting the international/ Indian market for possible projects
and upon identification of a lead worth pursuing to suit GSL’s business interests, GSL
would engage with a suitable empanelled firm towards further progressing with the
project. Empanelled firms are also free to scout for new projects and approach GSL for
collaboration.

2. GSL would analyze the responses of each firm and accordingly one or more
firms would be shortlisted for collaboration. The Collaboration will be aimed to achieve
following broad factors: -

a) Minimise overall product cost

b) Optimize production times.

c) Assurance of Quality.

3. The participation in the subsequent tenders from the end-customer will be

carried out by GSL as required and the consequent orders towards realization of the
design/ construction would be placed by GSL. Initial preparatory work towards
responding to NIT/RFP etc. from prospective customers is envisaged to be done on a NC
(‘No Cost) basis by the firm /collaborator for GSL.

4. Stages of Collaboration. The envisaged stages and scope of collaboration are

as per the activities listed below: -

STAGE Activity Description Remarks

I During Bidding Based on the scope of Upto bid response

stage (By GSL to work indicated by GSL, formulation stage no
End Customer) Collaborator to indicate financial commitment
firm pricing for execution exists from GSL side.
of the work within the
stipulated timeliness.
During the Bid
Formulation the Payment

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 stages along with Terms
& Conditions would be
firmed up and agreed by
GSL & collaborator
mutually. The
Collaborator would have
to give a binding
undertaking towards
execution of project as
per mutually agreed SoW
(Scope of Work).
Based on the
comprehensive proposal
by the collaborator,
encompassing all points
as mentioned above, the
final bid will be submitted
to the End customer by
GSL.
II. Post Order on Post receipt of Order by QAP for product would
GSL GSL (from End be forwarded by
Customer), the collaborator and changes
collaborator will be suggested by the
engaged by GSL against Inspection agency is also
a formal contract through required to be
specified selection incorporated (if any).
process to execute the
Job. An area within the
collaborator’s premises
shall be earmarked as
leased area of GSL. The
collaborator needs to
execute the project within
that leased area. All
items stored, used and

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 constructed within the
earmarked area shall
belong to GSL including
the completed product. A
separate lease
agreement will be
executed with the
collaborator for this
purpose.
III. Material / Product All materials are to be Firm should also give
delivery considered as Ex Works undertaking that all
(collaborator place) Statutory guidelines for
delivery or delivery at production of such type of
GSL or at the place of Marine Products shall be
End Customer (Based on complied in full by the
the finalized contract firm. A dedicated ‘Project
between GSL and Manager’ shall be
Collaborator). allocated by the firm for
During product execution each specific project.
stage, GSL empowered /
nominated officials/End-
customers reps /
Inspection Agency reps
are to be permitted to
visit the firm’s premises to
oversee the project
progress and seek any
clarifications/ details
(Techno commercial)
related to this Project.

5. In response to NIT/RFP from the end customer, the collaborator would be

approached by GSL to manufacture the marine vessel either as a ‘Turnkey’ project or
part scope of work of vessel which would be ultimately supplied by GSL. The collaborator
would, then submit their response against the said RFP within requisite timelines

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enabling GSL to submit the final bid to the End-Customer. The collaborator is also
required to assist GSL in final bid preparation.

6. Response submitted against subject RFP/NIT by Collaborator may be converted

to firm order / binding contract by GSL, following the stipulated selection process, as and
when need arises post receipt of Award of order / LOI by GSL. After receipt of firm order,
firm will execute the job on turnkey basis or mutually agreed scope of work of the vessel.
However, firm is expected to undertake preliminary work considering overall project
timelines.

7. Mechanism of periodic review towards monitoring the project progress will be

formulated and action taken by both parties. The Collaborator will have to provide
suitable office space (based on project) to GSL team/ End customer’s rep along with
suitable office equipment and telephone/fax/internet connectivity (without any additional
cost). In certain cases, the collaborator would have to agree to lease a certain portion of
project execution site which is under his control/ownership to GSL towards meeting the
end customer contract requirements.

8. GSL being the primary agency (on whom the order would be placed), is bound to
provide (on placement of order) Product Support for 05-25 years and Obsolescence
support to its customer as per its requirement OR for its entire life time. While it is noted
that there may be a few components wherein the collaborator would retain its supply in
scope, in the event of change of ownership of the collaborator or collaborator being
declared insolvent or any such circumstances wherein the collaborator is not able to
support GSL in meeting its commitment of Product and Obsolescence support, the
detailed technical drawings, specifications & all other necessary details would be passed
onto GSL by the Collaborator without any additional cost for necessary support required
to be provided by GSL.

9. The collaborator shall not have any ‘Intellectual Property Rights (IPR)’ on any
design once the same is developed specifically for any project under the collaboration
agreement and all Intellectual Property rights in the product shall vest in GSL. However,
the collaborator while developing any design shall ensure that GSL should be
completely absolved from any infringement of patent or any Intellectual property rights.

10. The final technical specifications of each vessel type would be shared with the
collaborator after short-listing or as the said specifications become available to GSL.
However, the envisaged product range is mentioned herein: -

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 List of Products (including conventional / green propulsion)

a) Multipurpose vessels up to 10000 T.

b) Oil / Chemical tankers up to 10000 T.
c) Utility vessels up to 1000 T
d) Auxiliary vessels (Maximum displacement up to 500T)
e) Passenger (up to 150-200 Pax capacity) with Cargo (up to 250T) vessels
(Seagoing, Coastal & Inland) with / without a provision to carry vehicle.
f) Tugs up to capacity of 100 T Bollard Pull
g) Boats (steel/Al) up to 15 - 40 M
h) Various sizes of self-propelled and dumb barges (Maximum displacement upto
5000T)
i) Any other category undertaken /capable to execute by collaborator also may be
included from time to time if found suitable in the opinion of GSL.

Firms shall be classified into following categories based on their capabilities and
empanelled accordingly.

Category Vessel Length

A Vessels more than 120 m up to 150 m

B Vessels between 50 m to 120 m

C Vessels under 50 m

11. The QUALIFYING CRITERIA MATRIX for the purpose of short-listing of

collaborators is placed at Annexure-2. The prospective collaborator shall submit the
relevant documents to support the requirements as per afore mentioned matrix. The
same shall inter alia also include if not already indicated in the matrix the following:

(a) Collaborator’s Company/firm’s Profile and experience

(b) Overview of the Technical personnel employed by the Company.

(c) Documents to prove past experience.

(d) Company Registration Certificate

(e) ISO Standard Certificate

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 (f) Audited Balance Sheet of the Company for the immediately preceding 03
Financial Years.

(g) List of Orders executed by the firm for the similar products. Delivery timeliness of
executed orders are to be stated against each order.

(h) For the purpose of this EOI ‘Firm/Collaborator/Shipyard’ means a

partnership/LLP firm /company under Indian laws. (Decision towards acceptance of
offer by Proprietorship firm shall be decided by the GSL Empowered committee)

(j) The said legal entity should have been in existence for a period of at least 3 years
on the date of submission of proposal as evidenced by the documents submitted by
such entity in its proposal.

12. The firm should have an in-house quality assurance program. Further, GSL reserve
the right to inspect and ensure that collaborator supplied vessels conforming to the
specifications and product is capable of meeting committed performance as per
Customer requirement/order. This could be done through GSL’s own inspectors or
through ‘Class’ representatives. The presence or absence of GSL representative does
not absolve the Collaborator of its responsibility for quality control.

13. The Technical inputs handed over mutually by both parties to each other shall be
the Intellectual Property of the respective parties and shall be returned (if requested for)
without copying into any form. The same data shall not be used in any other project by a
party without prior written permission of the other (discloser). The IPR obligations of GSL
with end Customers will be applicable to the Collaborating shipyard.

14. Collaborators would be required to enter into an Integrity pact post short-listing. A
Copy of the same is placed at Annexure-5.

15. Firm(s) who are black-listed by any Government (Central/State) or any

Government Agency/Entity shall not be eligible to participate in the EOI. All firms are
required to submit a certificate /declaration in their letter head. The firm(s) or its Directors
should not be barred by any Judicial/Quasi-Judicial orders from doing business. The firm
would be required to disclose its ongoing litigations and/or any enquiry proceedings
ongoing against it.

16. Firm(s) not meeting /complying the qualifying criteria at Annexure-2 and not
submitting documents as above, shall not be considered further.

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17. A Team from GSL may visit premises of the firms and interact/seek information to
assess capability and capacity of the firm, if considered necessary (post examination of
the response to the EOI by the particular firm under reference). Firm may also be called
to GSL for discussions.

18. It is stated that GSL reserves the right to enter into individual agreements for each
of the vessels listed in “List of Products” in parallel.

19. The EOI shall be submitted which shall inter alia cover the following: -

(a) Clearly state category and type of vessel as per para 10 (list of products)
based on capacity of the firm. Any other type of vessel not listed at para 10 may
also be indicated. GSL may consider the same during evaluation phase. Firm to
provide supporting documents justifying the capabilities.

(b) The firm’s willingness (on their letter head) to participate and offer their
services for collaboration.

(c) A broad approach and methodology (Project Plan) for the services to be
provided.

(d) Supporting documents as sought in Para (11) above.

(e) Specific answers to the questionnaire placed at Annexure-4.

(f) Any other information considered relevant.

20. Queries, if any, are to be sent immediately and at least 7 (Seven) days before the
due date of closure of EOI. No other query shall be entertained after the said period.

21. In case response is being submitted in hard copy /E-mail, the envelope/ Email
Subject should be super-scribed with NOTICE INVITING “COLLABORATION WITH
SHIPYARDS FOR CONSTRUCTION OF COMMERCIAL /DEFENCE SHIPS FOR
INDIAN CUSTOMERS AND EXPORT PROJECTS” and shall be submitted on or before
the due date. Information/documents in response to this Notice seeking EOI may also be
forwarded in e-mail to the addressee mentioned in Section A of this EOI however the size
of Document/single E-mail should not exceed 20 MB.

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22. Broad Scope of work shall include construction of one or more vessels as per
the list indicated at para 10 above in accordance with the specifications as finalized with
the end customer. Activities will broadly involve:

a) Blasting of plates, CNC cutting of plates for each vessel

b) Construction of complete hull

c) Installation of all the major prelaunch machinery

d) Shot blasting and pre-launch painting

e) Installation and setting to work of complete machinery including outfitting

f) Test & trials of all the machinery including sea trials of the vessel

g) Delivery of the vessel as pre agreed terms.

23. Material required for the construction of the vessel may be included in GSL’s
scope and shall be called as Free issued material. Other yard material / consumables
required for construction shall be in contractor’s scope. All these material will be clearly
defined in the final contract signed with the contractor.

24. All the drawings and design documents required for construction of the vessel
including outfitting will be issued by GSL. Timeliness for issue of drawings shall be in
commensurate with the construction timeliness and will be detailed in the final contract.

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 Annexure – 1

FORMAT OF UNDERTAKING, TO BE FURNISHED ON COMPANY LETTER HEAD,

WITH REGARD TO BLACKLISTING/ NON- DEBARMENT, BY ORGANISATION

UNDERTAKING REGARDING BLACKLISTING / NON – DEBARMENT

To,
HOD (OUTSOURCING)
Goa Shipyard Limited.
Vasco-da-Gama,
Goa-403802

1. This is to notify you that our Firm/Company/Organization < provide Name of the
Firm/Company/Organization> intends to submit a proposal in response to invitation for EOI No:
…………….. dated …………… for COLLABORATION WITH SHIPYARDS FOR
CONSTRUCTION OF COMMERCIAL /DEFENCE SHIPS FOR INDIAN CUSTOMERS AND
EXPORT PROJECTS. In accordance with the above we declare that:

a. We hereby confirm and declare that we, M/s ------------------------------------ --------, is not
blacklisted/ De-registered/ debarred by any Government department/ Public Sector
Undertaking/ Private Sector/ or any other agency for which we have Executed/
Undertaken the works/ Services during last 10 years.

b. We are not involved in any major litigation that may have an impact of affecting or
compromising the delivery of services as required under this assignment.

Sincerely,

[BIDDERS NAME]

Name

Title

Signature -----------------------------------

Authorized Signatory /Date:

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 Annexure- 2
QUALIFYING CRITERIA MATRIX

TECHNICAL EVALUATION CRITERIA. The proposed Collaborator firm is required to

submit all necessary documents indicated above. The technical proposal will be
evaluated on the basis of the documents submitted along with the proposal. Due
preference (if any) will be given to ISO certified firm(s). In the first stage, the technical
proposal will be evaluated on the basis of the Firm’s infrastructure capacity, experience
along with its key personnel and Financial capacity. The details of Technical & Financial
Evaluation criteria are tabulated below: -

Ser Evaluation Criteria Credits Description Remarks

1. Production 40 points i. Covered fabrication a) Details of each
capacity/Infrastructure shed sub conditions to be
ii. Material Handling furnished.
Eqpt.
iii. Secured Warehouse b) Bidder should
iv. Welding machines have their own
v. Building Berth / Shipyard with
Slipway / Dry Dock shipbuilding
vi. Plate Cutting/Bending facilities for
machines undertaking
vii. Road Connectivity for Construction of
supply of Raw material proposed hulls
viii. Water front with including safe
minimum available draft launching of vessel
of 3 m. as per scope of
work. In this
regard, necessary
details/document
viz. License issued
by competent
authority in the
name of the Firm to
be indicated and
submitted with

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 offer. Offer from
bidder having only
MOU or proposed
tie ups, JV or any
other arrangement
with any firm
having their own
Shipyard will not be
considered.
c) The Shipyard
should have safe
launching facility
either by
concreted dry
dock or ship-lift or
slipway with end
launching /side
launching. Details
of above facilities
should be
furnished along
with the Technical
offer for scrutiny
and technical
acceptance of
offer. This should
also include
waterfront and
water depth
available in low
tide as well as
high tide. The
proposed
Launching/Float
out arrangement

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 along with proof
of expertise
availability has to
be provided along
with Technical
offer.
2. Experience 25 points Experience of the firm in Details of projects
Manufacturing of vessels along with
(including hull, outfitting certification from
and engineering / Client and relevant
electrical including refits). Purchase Orders/
Evaluation will be based documental proof of
on proof of projects delivery (indicating
executed of different timeliness of
class/ categories during contractual vs
last 10 Years. actual) are to be
attached with the
proposal
3. Manpower 10 points i) Availability of Attach certification
experienced Project duly signed by
Execution Team authorized signatory
ii) Experienced of the firm with proof
supervisors capable to of payrolls.
read & understand
production drawings.
iii) Skilled
welders/fitters/electricians
iv) Unskilled Workers
4. Capacity availability 25 points 1) The firm should Present workload
not have any capacity vis-à-vis capacity to
constraint to take on be assessed. Details
GSL’s projects of all present orders
immediately with progress are to
be furnished.

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4. Financial Capability -- 1) The minimum average Relevant
turnover of the bidder documentary proof
during the best three to be submitted.
out of last five Balance Sheet and
Financial Years Profit & Loss
calculated as per Account of the last 3
audited balance years ending 31st
sheets should be 25 March of the
Crs. or should have a previous year is to
turnover of Rs. 70 Crs. be submitted.
in any of the last three Solvency Certificate
years. of the firm is to be
submitted. The
2) The entity should not vendor shall give
be under insolvency details of segment
resolution as per wise annual turnover
Indian Bankruptcy for past 3 years. The
code. Declaration in vendor is also
this regards to be required to submit
submitted by the firm. the documentary
3) Firm to indicate the evidence of
working capital in their executing highest
proposal. The firm value of order during
shall demonstrate preceding 3 years.
access to unutilised
line of credit/ overdraft
facility/ cash credit
facility from its
consortium of Banks
during bid submission
vide a letter issued by
the Bank or lead Bank
of the consortium.
Alternatively, or
complimentarily, the

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 Bidder should
demonstrate liquid
asset in form of cash/
marketable securities
in its Balance Sheet
4) Firm to provide
dully filled form (Financial
situation format) as per
Annexure-6 along with
their response to EOI.

Above evaluation matrix is valid subject to willingness of the firm to agree to GSL’s requirements
like willingness to lease a portion of its own facility to GSL for construction and repair of vessels
and crafts. An undertaking is to be submitted along with the proposal.

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 Annexure - 3

NON – DISCLOSURE AGREEMENT

This Agreement is made this ……………. day of ………………… Two thousand and ______ by
and between

Goa Shipyard Limited, a Government of India Undertaking under the Ministry of Defence. It is a
Company registered under the Companies Act, 1956, having its registered office at Vaddem,
Vasco da Gama, Goa, India ( hereinafter referred to as ‘GSL” ) of the one part;

AND

Ms/ ------------------------------, a Company/ Firm registered under ---------------------------------------------

-----------------and having its registered office/ principal place of business at ------------------------------
------------------------ (hereinafter referred to as “______”) of the second part;

(GSL/ and ----------- hereinafter singly referred to as the “Party” and collectively referred to as the
“Parties”).

WHEREAS, GSL and ______ wish to pursue exploratory discussions concerning a potential co-
operation between them with respect to ________________ (hereinafter referred to as the
“Purpose”).

WHEREAS, during the course of such exploratory discussions and a possible cooperation, it may
become desirable or necessary for the Parties hereto to disclose to each other certain technical
or business information of a proprietary or confidential nature (hereinafter referred to as
"Confidential Information"); and

WHEREAS, the Parties hereto are willing to provide for the conditions of such disclosure of
Confidential Information and the rules governing the use and the protection thereof;

NOW IT IS HEREBY AGREED among the Parties as follows:

1. “Confidential Information” is defined as any and all information of any kind, whether in
written or electronic format, oral or otherwise, and whether or not labeled as “Confidential”,
including without limitation, information relating to the business, financial condition,
marketing strategies, know-how, specifications for vessels, plans, general arrangement
plans, production schedule, drawings, calculations, samples, models, suppliers,
customers, operations, pricing, technical information, trade secrets, patent, intellectual
property rights, Tender / RFP documents from customers either in part extract or in full,
contract terms and conditions and all information of any kind relating to the Parties, their
respective shareholders and/or related or associated companies which are disclosed,
submitted or whatsoever made available by or on behalf of one Party to the other Parties
or to their employees, officers, advisors or agents (hereinafter collectively referred to as
“Personnel”) for the Purpose of or in connection with the Purpose, after the date of this
Agreement.

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2. “Disclosing Party” means the Party disclosing Confidential Information.

3. “Receiving Party” means the Party receiving Confidential Information.

4. Receiving Party agree and undertake:

(a) to hold the Confidential Information of the Disclosing Party in the strictest
confidence and not to at any time disclose or use or permit to be disclosed or used
any of the Confidential Information or its knowledge of the existence of the
Confidential Information for any purpose other than for the purpose; and
(b) not to disclose or divulge the Confidential Information of Disclosing Party to any
person whatsoever without the prior written consent of the Disclosing Party, except
to those persons more particularly identified in paragraph 5(a) below.

5. Receiving Party hereby agree to do all of the following:

(a) to restrict the dissemination, circulation and supply of the Confidential Information
of Disclosing Party or any part thereof to its Personnel who are directly involved
with the Purpose and only to the extent necessary for each of them to perform their
duties;
(b) to make their respective best endeavours to ensure that none of their Personnel will
do any act, matter or thing which, if done by that Party would constitute a breach of
the obligations of that Party under the terms of this Agreement;
(c) to take all reasonable action to prevent unauthorized disclosure or use of the
Confidential Information of the Disclosing Party;
(d) to inform their Personnel who may have access to the Confidential Information that
such information should be kept in the strictest confidence.

6. The confidentiality obligations herein shall not apply, however, to any part of the
Confidential Information which:

(a) prior to the date hereof, is in the public domain or hereafter comes into the public
domain other than as a result of a breach of this Agreement;
(b) is explicitly approved for release by written authorization of the Disclosing Party;
(c) was known to the Party receiving the Confidential Information at the time of
disclosure as shown by written records in existence at time of disclosure;
(d) was lawfully obtained by the Receiving Party without breach of this Agreement and
otherwise not in violation of the Disclosing Party’s rights;
(e) is required to be disclosed by applicable law, by order of a court of competent
jurisdiction or by any rule, direction or regulation of any regulatory or governmental
authority provided that the Recipient promptly informs the Disclosing Party in writing
about such court order or other disclosure requirement, duly enclosing supporting
evidence;
(f) is independently developed by the Receiving Party without breach of this
Agreement;

21 | P a g e
7. This Agreement will come into effect on signing by both Parties (effective date of the
Agreement) and remain in force for a period of _______ years from the effective date. This
Agreement may be terminated by either Party by giving a written notice of 30 days to the
other Party. Upon termination, the Receiving Party shall stop making use of the
Confidential Information.

8. Subject to the provisions in clause 6 and notwithstanding termination of this Agreement,

the obligations of confidentiality contained herein shall continue in effect until five (5) years
after expiry of the period of this Agreement or termination of this Agreement.

9. The Parties acknowledge and agree that all Confidential Information disclosed by or on
behalf of the Disclosing Party shall remain the property of the Disclosing Party. Upon
request by the Disclosing Party and at the /Disclosing Party’s direction, the Receiving
Party shall forthwith:

(a) return all documents and other materials containing such Confidential Information
together with all copies and reproductions thereof: or
(b) destroy all documents and other materials containing such Confidential Information
together with all copies and reproductions thereof and confirm such destruction to the
Disclosing Party in writing within thirty (30) days of the request being made.

Provision of returning or destroying shall not apply to copies of electronically

communicated Confidential Information made as a matter of routine information
technology backup and to Confidential Information or copies of it which must be
stored by the Receiving Party or its advisers according to provisions of mandatory
law, provided that this Confidential Information or copies of it shall be subject to
continuing obligations of confidentiality under this Agreement but no further use shall
be permitted as from the date of the request.

10. No license, right, patent(s), patent applications, copyrights or other intellectual property
rights, whether expressed or implied, in the Confidential Information is granted by any
Party to the other Party to use the Confidential Information other than in the manner and to
the extent authorized by this Agreement.

11. (a) Parties acknowledge that they are aware and fully understand that in the event of
any breach of this Agreement by the Receiving Party or their Personnel, then the
Disclosing Party could suffer substantial loss and damage which monetary
damages cannot adequately remedy.
(c) The Receiving Party acknowledges that the Disclosing Party shall be entitled to
specific performance, injunctive and other equitable relief in enforcing the
obligations in this Agreement in addition to all other remedies available in law.

12. The Disclosing Party makes available the Confidential Information on "as is" basis and
does not warrant that any of this information it discloses is complete, accurate, free from
defects or third party rights, or useful for the Purpose or other purposes of the Receiving
Party.

22 | P a g e
13. The Agreement does not (i) create a partnership, joint venture or any other business
relationship or undertaking between the Parties; or (ii) require consideration for any
information received.

14. The Parties hereby acknowledges that the Disclosing Party would suffer prejudice in the
event of the breach of the terms and conditions set forth herein. Receiving Party hereby
undertakes to indemnify and hold the Disclosing Party and any of their Representatives
harmless from and against any damage, liability, loss, claim and expense (including
reasonable attorneys’ fees) whatsoever resulting from the failure to comply with any of the
obligations binding upon the Receiving Party under this Agreement. Receiving Party
hereby agrees that such indemnification right shall not prevent the Disclosing Party to
seek any injunction or similar remedies available.

15. DISPUTE RESOLUTION

In the event of any question, dispute or differences arising under the Agreement (including
a dispute relating to the validity or existence of this Agreement), the parties agree to settle
the same amicably by mutual discussions within a period of 30 (Thirty) days of service of a
written notice from either party to the other party, referring / raising the dispute, to resolve
the dispute in good faith. (ii). If the Parties fail to resolve the dispute within the aforesaid
period of 30 (Thirty) days, then by consent of Parties, it is agreed that Chairman &
Managing Director of Goa Shipyard Limited (GSL) shall appoint a Sole arbitrator to
adjudicate the disputes. The Arbitrator so appointed shall have neither direct or indirect,
past or present relationship with or interest in any of the disputing parties or in relation to
the subject matter in dispute; whether financial, business, professional or other kind
whatsoever. The Arbitration & Conciliation Act, 1996 and the amendments thereto shall be
applicable. The arbitration shall be governed by the laws of India and the language of
arbitration shall be English. The award of the Arbitrator shall be final and binding on the
parties. (iii). Upon any and every reference for the award, as aforesaid, the cost of the
proceedings including all expenses incidental thereto, shall be determined at the discretion
of the arbitrator. (iv). The seat and venue of the arbitration proceedings shall be Vasco-
da-gama, Goa or such other place, as the arbitrator may decide.

16. The award of the Arbitrator shall be final and binding on the parties. The language of the
Arbitration shall be English. The seat and venue of Arbitration proceeding shall be
Mumbai, India. Parties acknowledge that any breach of the terms and conditions of this
Agreement may cause the Disclosing Party irreparable damage for which recovery of
money damages would be inadequate. Therefore, the Receiving Party agrees that the
Disclosing Party shall be entitled, in addition to any other remedies available to it, to seek
from a Court having jurisdiction in the state of Goa, injunctive relief and/or other equitable
relief to prevent or restrain any breach by the Receiving Party or its employees/officials, or
otherwise to protect its rights, under this Agreement.

17. This Agreement is governed by and interpreted in accordance with the laws of the
Republic of India.

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18. No delay by the Parties in exercising any right, power or remedy under this Agreement
shall be deemed as a waiver or acquiescence thereof nor shall it restrict or affect the
Party’s right or powers under this Agreement. No waiver of any term or condition to this
Agreement shall be effective unless made in writing.

19. Any amendments to this Agreement shall only be effective if agreed in writing and signed
by all Parties.

20. This Agreement shall be binding on the heirs, permitted assigns and successors in title of
the Parties.

IN WITNESS WHEREOF, the Parties have caused this Agreement to be executed as of the date
and year first above written.

For and on behalf of WITNESSES:

Goa Shipyard Limited

By_______________________ 1.________________________

Name: Name:
Title: Title:

2.________________________

Name:
Title:
For and on behalf of

M/s.-----------------

By______________________ 1.________________________

Name: Name:
Title: Title:

2.________________________

Name:
Title:

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 Annexure-4

CHECK LIST FOR PARTICIPATING FIRM

Sr. Question Bidder’s

No response
(YES/NO)
1. Is the bidder a registered company in India? If no, please
specify.
2 Undertaking for agreement to accept GSL’s terms &
conditions/ methodology for project execution.
3 Does the bidder have the requisite production capacity
available to execute the jobs indicated in the EOI document?
if Yes please furnish the Certificate / Proof.
4 Does the bidder have the requisite experience to execute the
jobs indicated in the EOI document? if Yes please furnish the
Certificate / Proof.
5 Does the bidder have the requisite manpower to execute the
jobs indicated in the EOI document? if Yes please furnish the
Certificate / Proof.
6 Does the bidder have the financial capability indicated in the
EOI document? if Yes please furnish the Certificate / Proof.
7 Does the bidder have the available capacity for execution of
projects indicated in the EOI? if Yes please furnish an
undertaking.
8 Is the firm ‘Black Listed’ by any Govt. or Indian State Govt.
agency for any reason, whatsoever? (Self-certificate to be
attached)
9 Has the firm signed ‘Non-Disclosure Agreement’ with GSL? If
yes, please furnish a copy.
10 Has the firm signed ‘Integrity Pact’’ with GSL? If yes, please
furnish a copy.

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 Annexure-5

(TO BE EXECUTED ON NON-JUDICIAL STAMP PAPER OF Rs. 100)

PRE CONTRACT INTREGRITY PACT

General

This pre-bid pre-contract Agreement (hereinafter called the Integrity Pact) is made on __ day of
the month of_____, ____, between, on one hand, GOA SHIPYARD LIMITED, a Company
registered under the Companies Act, 1956, having its Registered Office at Vaddem, Vasco-da-
Gama, Goa - 403 802 represented by Shri.__________ (hereinafter called the “BUYER”), which
expression shall mean and include, unless the context otherwise requires, his successors in
office and assigns of the First Part and M/s __________ represent by Shri. _________ Chief
Executive Officer (hereinafter called the “BIDDER/seller”) which expression shall mean and
include, unless the context otherwise requires, his successors and permitted assigns of the
Second Part.

WHEREAS the BUYER proposes to ________________________and the BIDDER/Seller is

willing to offer/has offered the stores and WHEREAS the BIDDER is a private company/public
company/Government undertaking/partnership/registered export agency, constituted in
accordance with the relevant law in the matter and the BUYER is a Public Sector undertaking
(PSU) performing its functions on behalf of the President of India.

NOW, THEREFORE,

To avoid all forms of corruption by following a system that is fair, transparent and free from any
influence/ prejudiced dealings prior to, during and subsequent to the currency of the contract to
be entered into with a view to:-

Enabling the BUYER to obtain the desired said stores/equipment/services at a competitive price
in conformity with the defined specifications by avoiding the high cost and the distortionary
impact of corruption on public procurement, and Enabling BIDDERS to abstain from bribing or
indulging in any corrupt practice in order to secure the contract by providing assurance to them
that their competitors will also abstain from bribing and other corrupt practices and the BUYER
will commit to prevent corruption, in any form, by its officials by following transparent procedures.

The parties hereto hereby agree to enter into this Integrity Pact and agree as follows:

Commitments of the BUYER

1.1 The BUYER undertakes that no official of the BUYER, connected directly or
indirectly with the contract, will demand, take a promise for or accept, directly or
through intermediaries, any bribe, consideration, gift, reward, favour or any
material or immaterial benefit or any other advantage from the BIDDER, either for

26 | P a g e
 themselves or for any person, organization or third party related to the contract in
exchange for an advantage in the bidding process, bid evaluation, contracting or
implementation process related to the contract.

1.2 The BUYER will, during the pre-contract stage, treat all BIDDERS alike, and will
provide to all BIDDERs the same information and will not provide any such
information to any particular BIDDER which could afford an advantage to that
particular BIDDER in comparison to other BIDDERs.

1.3 All the officials of the BUYER will report to the Chief Vigilance Officer, GSL or
appropriate Government office any attempted or completed breaches of the
above commitments as well as any substantial suspicion of such a breach.

2. In case any such preceding misconduct on the part of such official(s) is reported by the
BIDDER to the BUYER with full and verifiable facts and the same is prima facie found to be
correct by the BUYER, necessary disciplinary proceedings, or any other action as deemed fit,
including criminal proceedings may be initiated by the BUYER and such a person shall be
debarred from further dealings related to the contract process. In such a case while an enquiry is
being conducted by the BUYER the proceedings under the contract would not be stalled.

Commitments of BIDDERs

3. The BIDDER commits itself to take all measures necessary to prevent corrupt practices,
unfair means and illegal activities during any stage of its bid or during any pre-contract or post-
contract stage in order to secure the contract or in furtherance to secure it and in particular
commit itself to the following:

3.1 The BIDDER will not offer, directly or through intermediaries, any bribe, gift,
consideration, reward, favour, any material or immaterial benefit or other
advantage, commission, fees, brokerage or inducement to any official of the
BUYER, connected directly or indirectly with the bidding process, or to any
person, organisation or third party related to the contract in exchange for any
advantage in the bidding, evaluation, contracting and implementation of the
contract.

3.2 The BIDDER further undertakes that it has not given, offered or promised to
give, directly or indirectly any bribe, gift, consideration, reward, favour, any
material or immaterial benefit or other advantage, commission, fees, brokerage
or inducement to any official of the BUYER or otherwise IN PROCURING THE
Contract or forbearing to do or having done any act in relation to the obtaining
or execution of the contract or any other contract with the Buyer for showing or
forbearing to show favour or disfavour to any person in relation to the contract
or any other contract with the Buyer.

3.3 Foreign BIDDERs shall disclose the name and address of agents and
representatives in India and Indian BIDDERs shall disclose their foreign
principals or associates.

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3.4 BIDDERs shall disclose the payments to be made by them to agents/brokers or
any other intermediary, in connection with this bid/contract.

3.5 The BIDDER further confirms and declares to the BUYER that the BIDDER is
the original manufacturer/integrator/authorized government sponsored export
entity of the defence stores and has not engaged any individual or firm or
company whether Indian or foreign to intercede, facilitate or in any way to
recommend to the BUYER or any of its functionaries, whether officially or
unofficially to the award of the contract to the BIDDER, nor has any amount
been paid, promised or intended to be paid to any such individual, firm or
company in respect of any such intercession, facilitation or recommendation.

3.6 The BIDDER, either while presenting the bid or during pre-contract negotiation
or before signing the contract, shall disclose any payments he has made, is
committed to or intends to make to officials of the BUYER or their family
members, agents, brokers or any other intermediaries in connection with the
contract and the details of the services agreed upon for such payments.

3.7 The BIDDER will not collude with other parties interested in the contract to
impair the transparency, fairness and progress of the bidding process, bid
evaluation, contracting and implementation of the contract. The BIDDER shall
not enter into any undisclosed agreement or understanding with other bidders
with respect to prices, specifications, certifications, subsidiary contract etc.

3.8 The BIDDER will not accept any advantage in exchange for any corrupt
practice, unfair means and illegal activities.

3.9 The BIDDER shall not use improperly, for purposes of competition or personal
gain, or pass on to others, any information provided by the BUYER as part of
the business relationship, regarding plans, technical proposals and business
details, including information contained in any electronic data carrier. The
bidder also undertakes to exercise due and adequate care lest any such
information is divulged.

3.10 The BIDDER commits to refrain from giving any complaint directly or through
any other manner without supporting it with full and verifiable facts.

3.11 The BIDDER shall not instigate or cause to instigate any third person to commit
any of the actions mentioned above.

3.12 If the BIDDER or any employee of the BIDDER or any person acting on behalf
of the BIDDER, either directly or indirectly, is a relative of any of the officers of
the BUYER, or alternatively, if any 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

The term ‘relative’ for this purpose would be as defined in Section 6 of the Companies
Act, 1956.

28 | P a g e
 3.13 The BIDDER shall not lend to or borrow any money from or enter into any
monetary dealings or transaction, directly or indirectly, with any employee of
the BUYER.

3.14 The Bidder shall not approach the Courts while representing the matters to the
IEMs and shall await their decision in the matter.

4. Previous Transgression

4.1 The BIDDER declares that no previous transgression occurred in the last
three years immediately before signing of this Integrity Pact, with any other
company in any country in respect of any corrupt practices envisaged
hereunder or with any Public Sector Enterprise in India or any Government
Department in India that could justify BIDDERs exclusion from the tender
process. BIDDER shall disclose any transgressions with any other
company that may impinge on the anti corruption principle.

4.2 The BIDDER agrees that if it makes incorrect statement on this subject,
BIDDER can be disqualified from the tender process or the contract, if
already awarded, can be terminated for such reason.

5. Earnest Money (Security Deposit) – Not applicable

5.1 While submitting commercial bid, the BIDDER shall deposit an amount
____________(to be specified in RFP) as Earnest Money/Security Deposit,
with the BUYER through any of the following instruments:

(i) Bank Draft or a Pay Order in favour of GOA SHIPYARD LIMITED

(ii) A confirmed guarantee by an Indian Nationalised Bank, promising

payment of the guaranteed sum to the BUYER on demand within
three working days without any demur whatsoever and without
seeking any reasons whatsoever. The demand for payment by the
BUYER shall be treated as conclusive proof of payment.

(iii) Any other mode or through any other instrument (to be specified in
the RFP).

5.2 The Earnest Money/Security Deposit shall be valid up to a period of____ or

the complete conclusion of the contractual obligations to the complete
satisfaction of both the BIDDER and the BUYER, including warranty period,
whichever is later.

5.3 In case of the successful BIDDER a clause would also be incorporated in

the Article PERTAINING TO Performance Bond in the Purchase Contract
that the provisions of Sanctions for Violation shall be applicable for forfeiture
29 | P a g e
 of Performance Bond in case of a decision by the BUYER to forfeit the
same without assigning any reason for imposing sanction for violation of
this Pact.

5.4 No interest shall be payable by the BUYER to the BIDDER on Earnest

Money/Security Deposit for the period of its currency.

6. Sanctions for Violations

6.1 Any breach of the aforesaid provisions by the BIDDER or any one
employed by it or acting on its behalf (whether with or without the
knowledge of the BIDDER) shall entitle the BUYER to take all or any one
of the following actions, wherever required:-

(i) 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.

(ii) The Earnest Money Deposit (in pre-contract stage) and/or Security
Deposit/Performance Bond (after the contract is signed) shall stand
forfeited either fully or partially, as decided by the BUYER and the
BUYER shall not be required to assign any reason thereof.

(iii) To immediately cancel the contract, if already signed, without giving

any compensation to the BIDDER.

(iv) To recover all sums already paid by the BUYER, and in case of an
Indian BIDDER with interest thereon at 2% higher than the
prevailing Prime Lending Rate of State Bank of India, while in case
of 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 stores, such outstanding payment could also be utilized to
recover the aforesaid sum and interest.

(v) 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 BUYER, along with interest.

(vi) To cancel all or any other Contracts with the BIDDER. The BIDDER
shall be liable to pay compensation for any loss or damage to the
BUYER resulting from such cancellation/rescission and the BUYER
shall be entitled to deduct the amount so payable from the money(s)
due to the BIDDER.

30 | P a g e
 (vii) To debar the BIDDER from participating in future bidding processes
of Goa Shipyard Limited for a minimum period of five years, which
may be further extended at the discretion of the BUYER and
exclude from future business dealings.

(viii) 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.

(ix) In cases where irrevocable Letters of Credit have been received in

respect of any contract signed by the BUYER with the BIDDER, the
same shall not be opened.

(x) Forfeiture of Performance Bond in case of a decision by the BUYER

to forfeit the same without assigning any reason for imposing
sanction for violation of this Pact.

6.2 The BUYER will be entitled to take all or any of the actions mentioned at
para 6.1(i) to (x) of this Pact also on the Commission by the BIDDER or
any one employed by it or acting on its behalf

(whether with or without the knowledge of the BIDDER), of an offence as

defined in Chapter IX of the Indian Penal Code, 1860 or Prevention of
Corruption Act, 1988 or any other statute enacted for prevention of
corruption.

6.3 The decision of the BUYER to the effect that a breach of the provisions of
this Pact has been committed by the BIDDER shall be final and conclusive
on the BIDDER. However, the BIDDER can approach the Independent
Monitor(s) appointed for the purposes of this Pact. The BIDDER
undertakes that it shall not approach the Courts while representing the
matters to IEMs and will await the decision of the IEMs in the matter.

7. Fall Clause

7.1 The BIDDER undertakes that it has not supplied/ is not supplying similar
product/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 for elapsed time, will be applicable to the
present case and the difference in the cost would be refunded by the
BIDDER to the BUYER, if the contract has already been concluded.

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8. Independent Monitors

8.1 The BUYER has appointed the following Independent Monitors (hereinafter referred
to as Monitors) for this Pact in consultation with the Central Vigilance Commission.

i) Shri Paul Antony, IAS (Retd.)

No. 70, GCDA Road, Periyar Gardens,
Thottakattukara,
ALUVA-683108, email: [email protected]

ii) Smt. Anita Pattanayak, IA&AS (Retd.)

No. 1523, Pocket B&C,
Sector A, Vasant Kunj,
Abdul Gaffar Khan Marg,
New Delhi-110057, email: [email protected]

8.2 The task of the Monitors shall be to review independently and objectively,
whether and to what extent the parties comply with the obligations under this
Pact.

8.3 The Monitors shall not be subject to instructions by the representatives of the
parties and perform their functions neutrally and independently.

8.4 Both the parties accept that the Monitors have the right to access all the
documents relating to the project/procurement, including minutes of meetings.

8.5 As soon as the Monitor notices, or has reason to believe, a violation of this
Pact, he will so inform the Chairman & Managing Director (CMD) of the
BUYER.

8.6 The BIDDER(s) accept that the Monitor has the right to access without
restriction to all Project documentation/records of the BUYER including that
provided by the BIDDER. The BIDDER will also grant the Monitor, upon his
request and demonstration of a valid interest, unrestricted and unconditional
access to his project documentation. The same is applicable to
Subcontractors. The Monitor shall be under contractual obligation to treat the
information and documents of the BIDDER/ Subcontractor(s) with
confidentiality. Monitor shall be provided by the BIDDER/BUYER, as and
when warranted, access to all documents / records pertaining to the contract
for which a complaint or issue is raised before the Monitor.

32 | P a g e
 8.7 The 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 parties. The
parties will offer to the Monitor the option to participate in such meetings.

8.8 The Monitor will examine all complaints received by them and submit a
written recommendation/report to the CMD within 8 to 10 weeks from the date
of reference or intimation to him by the BUYER / BIDDER and, should the
occasion arise, submit proposals for correcting problematic situations.

9. Facilitation of Investigation

In case of any allegation of violation of any provisions of this Pact or payment of commission, the
BUYER or its agencies shall be entitled to examine all the documents including the Books of
Accounts of the BIDDER and the BIDDER shall provide necessary information and documents in
English and shall extend all possible help for the purpose of such examination.

10. Law and Place of Jurisdiction

This Pact is subject to Indian Law. The place of performance and courts jurisdiction is only at
Goa.

11. Other Legal Actions

The actions stipulated in this Integrity Pact are without prejudice to any other legal action that
may follow in accordance with the provisions of the extant law in force relating to any civil or
criminal proceedings.

12. Validity

12.1 The validity of this Integrity Pact shall be from date of its signing and
extend up to the complete execution of the contract to the satisfaction of
both the BUYER and the BIDDER/SELLER, including warranty period,
whichever is later. In case BIDDER is unsuccessful, this INTEGRITY
Pact shall expire after six months from the date of the signing of the
contract.

12.2 Should one or several provisions of this Pact turn out to be invalid, the
remainder of this Pact shall remain valid. In this case, the parties will
strive to come to an agreement to their original intentions.

33 | P a g e
13. The parties hereby sign this Integrity Pact at GSL Goa on __________.

BUYER BIDDER

CHIEF EXECUTIVE OFFICER/ AUTHORISED

GOA SHIPYARD LIMITED REPRSENTATIVE/ ATTORNEY HOLDER

Signature-----------------

Name---------------------

Title ----------------------

Witness Witness

1.__________________________ 1.___________________________

2.___________________________ 2.__________________________

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 Annexure – 6

FORMAT FOR FINANCIAL CAPABILITY

Sl. No FY Annual Profit after Net worth as Credit

Turnover Tax at the end of Rating
the financial
year

To be signed by the Authorized Signatory of the Applicant with Name, Designation, seal
and date.

Certificate from Chartered Accountant:

This is to certify that details provided above by M/s _______________________ (name of the
Applicant) is verified by me and found correct.

Name of the Authorized Signatory representing Auditing firm: Designation:

Name of firm (Chartered Accountant):

Signature of the Authorized Signatory:

Seal of Audit firm.

UDIN :

35 | P a g e
 Enclosure 2

GENERAL TERMS AND CONDITIONS

1. EOI should be submitted along with prescribed documents only.

2. EOI received after due date and time will not be accepted. No further correspondence
on such responses shall be entertained.

3. Respondents, if so desire, may be present in ‘EOI Opening’ on production of

authorization / Identity certificate. Only one person from each firm will be allowed to be
present. However, no separate intimation shall be sent by GSL in this aspect.

4. EOI submitted should be free from correction, over-writing, use of white Ink etc.
However if any correction is inevitable, the same be authenticated with signature and
seal of the firm.

5. All the information/details required to be properly filled in EOI and no column should
be left blank or should not be filled with ambiguous/ incorrect details.

6. Each page of EOI (including Annexure) should be dated and signed along with seal
of the firm.

7. Canvassing in any form shall render the submitted EOI liable for rejection.

8. The firm has to comply with mutually agreed non-disclosure agreement in the event
of placement of order.

9. Standard Note:-

I. For the purpose of this EOI ‘Firm’ or collaborator means a

proprietary/partnership/LLP firm with a legal entity recognized under Indian laws,
and in case of a foreign company, should be registered under the laws of such
foreign country and eligible to participate in Government of India bid process.

II. The firm shall not be in the list of entities blacklisted/ barred from participating
in any tender of Government of India or any PSUs.

III. Applicants may regularly visit the above website to keep themselves updated
regarding clarification/amendments/ time extension etc, if any against the above
EOI.

IV. The bidder / interested Party must have a valid GST registration certificate.

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 For any query please contact:
(1) Vinayak R. Naik, AGM (OS) ; 0832-2516113; or email at
[email protected]
(2) Shreyash Kunde, Manager (OS) ; 0832-2517295; or email at
[email protected]
All query are to be sent within shortest possible time but not later than 7 (Seven)
days before the due date of closure of EOI.

10. Evaluation Process

a) The vendors will be shortlisted based on the evaluation/qualifying criteria given in this
document.

b) The evaluation process is to identify the capable firm for empanelling them for future
collaboration, Enquiry/Tender.

c) GSL Committee (Empowered Committee) shall evaluate proposals of the Vendors

and all supporting documents & documentary evidence. The committee may seek
additional documents as it deems necessary.

d) The decision of the GSL Empowered Committee in the evaluation of proposals to the
Expression of Interest shall be final. No correspondence will be entertained outside the
evaluation process of the Committee.

e) The Empowered Committee reserves the right to reject any or all proposals.

11. Cost of Response to EOI

The Vendors shall bear all the costs associated with the preparation and submission of
its proposal, and GSL will not be responsible or liable for those costs, regardless of the
conduct or outcome of the evaluation process including cancellation of the EOI.

12. Content of Response

The firms are expected to examine the EOI documents carefully, including all
instructions, forms, terms and specifications. Failure to furnish all required information
may result in rejection of the vendors. GSL decision in this regard is final.

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13. Clarification on Response

To assist in examination, evaluation and comparison of applications, GSL may at its

discretion, seek from the vendors individual clarification if so required. The request for
clarification and the response shall be in writing, fax or e-mail.

14. GSL’s Right to Accept or To Reject Applications

GSL reserves the right to accept or reject any or all the Applications, either in part or full,
or the right not to accept the Response, without assigning any reasons thereof,
whatsoever. In case of any dispute GSL Evaluation Committee decision in the matter
shall be final and legally binding on the Vendors.

15. Response: The Vendor’s Response to GSL and any annotations or accompanying
documentation shall be in English Language only.

16. All copies of documents submitted along with EOI should be clear, legible and self-
certified by the Authorized representative of the Applicant.

17. GSL reserves the right to physically check the original documents / certificates, the
copies of which are submitted along with EOI.

18. The Response shall be signed by a duly authorized person of the firm which is
responding to the EOI, and in the case of a corporation, seal, or otherwise appropriately
executed under seal.

19. Vendors shall clearly indicate their legal constitution and furnish documentary
evidence thereof by way of authenticated copies of relevant documents and the person
signing the proposal shall state his capacity and also the source of his authority to bind
the vendors. The power of Attorney or authorization, or any other document constituting
adequate proof of the authority of the signatory to bind the vendors, shall be annexed to
the proposal submitted. GSL may reject out- right any Response unsupported by
adequate proof of the signatory’s authority.

20. The documents of response must be forwarded through e-mail (as given in section
A) / sent through Speed Post / Courier in complete in all respects. Incomplete/ late
Responses are liable to be rejected. Physical documents (if any) are to reach to the
contact person within the due date / time of offer submission. Same is the responsibility
of the bidder / responder.

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21. GSL may nominate reputed members of the Industry/ Academia to assist the
Evaluation Committee in scrutinizing the response/application to the EOI.

23. The mode of delivering questions is through E-Mail only. No other mode of query
shall be entertained. The queries may be raised in the following format.

S.No. Page No of EOI Clause of the EOI Clarification Required

N.B: GSL will endeavour to provide timely response to all queries. However, GSL
makes no representation or warranty as to the completeness or accuracy of any
response made in good faith, nor does GSL undertake to answer all the queries that
have been posed by the applicants.

24. Patent and Copyrights

Collaborator should assure GSL that there is no infringement of any patent or industrial
or intellectual property right occasioned by the supply, transfer of designs, documents
and connected materials, which are the subject matter the Supply / Purchase order or
Contract materials, which is likely to be concluded in case your firm is selected.

An undertaking by the service provider to indemnify GSL against all costs, expenses
and claims of damages made by the third party arising from any alleged infringement of
patent or industrial/ intellectual property rights arising or resulting from use of the
materials is to be provided. All documentation, results/reports/data used for the
respective Cases will be the sole property of GSL.

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