MAZAGON DOCK LIMITED (A Government of India Undertaking) Dockyard Road, Mazagon, Mumbai 400 010. INDIA Certified – ISO 9001: 2008 for Shipbuilding Division Tel. No.: (022) 23763408, 23763247. Fax: (022) 2373 8151 E mail: [email protected] Website: www.mazagondock.gov.in e-TENDER ENQUIRY (TWO- BID SYSTEM) FOR PURCHASE OF ITEMS DIVISION-SHIP BUILDING DEPARTMENT-MATERIAL PROCUREMENT: Tender no.: GM (M) /PPC / 2000005639 Tender Due Date: 04.02.2015 Time At: 1400 Hrs (IST) MAZAGON DOCK LIMITED INVITES ON-LINE COMPETITIVE BIDS from reputed Bidders / Vendors in TWO BID SYSTEM (Part-I Techno Commercial Bid and Part-II Price Bid) on our eprocurement portal, for the following Supplies: 1. Description of work & Delivery Period: Sr. No. 1 Description of Item Supply, commissioning, training & setting to work of CNC marking system as per the technical specifications mentioned in Enclosure-1 Quantity required 02 Set Completion period Completion of complete scope including supply, commissioning, training and setting to work within 05 Weeks from the date of order 2. Technical Specifications & Scope of Supply: Item Description, Quantity, schedule for order execution are as mentioned above in TEF clause No. 1. 3. Refer Enclosure-1for detailed technical specifications & scope of supply 3. INSTRUCTIONS TO THE BIDDERS: Bidders should upload following documents along with Part-I (Techno-Commercial Bid) 3.1 Bidders Company Profile. 3.2 Bidders Shop & Establishment registration certificate. 3.3 Purchase Order copies in support of the bidders experience and past performance on similar supplies for last 3 years. 3.4 Work Completion Certificate issued by the party for whom the work is done. MDL has the right to verify / cause verification of authenticity of the said documents whenever felt necessary. Note 1. Sr. 3.1 to 3.2 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. Tender no.: GM (M)/PPC/2000005639 Page 1 of 30 Note 2. 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 with the same. 4. Validity Period: Bids / Offers Shall have a validity period of 120 days from the tender closing date. 5. On-line submission of bids in Two-Bid System: Bids must be in Two parts, i.e. Part-I (TechnoCommercial bid) and Part-II (Price Bid), as appearing on-line. 6. 5. 1 Acceptance on clauses of Tender Enquiry, GT&C in the Prescribed Formats stating ‘Accepted OR Deviation’ as applicable for each of the clause. 5. 2 STACS Acceptance in the Prescribed Format stating ‘Accepted OR Deviation’ as applicable for each of the clause. 5. 3 Blank rate schedule shall be uploaded in on-line Part-I bid, indicating ‘QUOTED / NOT QUOTED’ as applicable against each of the listed item 5. 4 Deviation Sheet if any, shall be uploaded on-line for TEF, STACS and GT&C. 5. 5 Bidders / Vendors not registered with Mazagon Dock Limited should upload the additional documents as mentioned in para 3.2 above. 5.6 Copies of valid Registration or Approval certificates (if any) of the following shall be uploaded on-line: MDL Registration. NSIC Registration. Micro Enterprises. Small Enterprises. ISO Accreditation. Dealership Authorization. 5.7 Bank details for payment by RTGS/NEFT in the format uploaded. 5.8 Enterprises status (If any) to be indicated in Part-I : Micro/ Medium/ Small. 5.09 Scanned image of PAN card shall be uploaded. 5.10 The bidders experience and past performance on similar supplies for last 3 years (Order copies & work completion certificates to be appended). Bid Rejection Criteria; 6.1 6.2 Following bids shall be categorically rejected; 6.1.1 Bids received in any form other than e-portal. 6.1.2 In case bids are received against the same tender from Original Equipment Manufacturer (OEM) and also from any other firms authorized by the OEM to quote against the same tender on their behalf, then the bids from other than OEM will be rejected. Following bid rejection criteria may render the bids liable for Rejection 6.2.1 Validity period indicated by bidders is shorter than that specified in the tender enquiry. 6.2.2 Bidders not agreeing to furnish Performance Bank Guarantee for equipment supplied / services rendered or not agreeing for retention of equivalent amount by MDL up to the period till completion of contractual and guarantee / warranty obligations. Tender no.: GM (M)/PPC/2000005639 Page 2 of 30 6.2.3 Bidder’s failure to furnish sufficient or complete details for evaluation of the bids within the given period which may range in between two to three weeks depending on the deficiencies noticed in the drawings / technical data which shall not however conflict with validity period. 6.2.4 Incomplete / misleading / ambiguous bids in the considered opinion of TNC. 6.2.5 Bids with technical requirements and or terms not acceptable to MDL / Customers / External agency nominated as applicable. 6.2.6 Bids without uploading pre-qualification documents where required as per the tender. 6.2.7 Bids not meeting the pre-qualification parameters stipulated in the tender enquiry. 6.2.8 Bidders not agreeing to supply spares (onboard spares, B & D spares) / post sale product support / post work completion support. 6.2.9 Delivery/completion period indicated beyond 3 weeks from the lowest delivery period, quoted among the technically qualified bids. 6.2.10 Bidders offering quote relating to delivery by way of High Seas Sale/Sale In Transit. 6.2.11 Bidders who have not agreed for the fixed price till the validity of the tender or have quoted the variable price. 7. Pricing: Bidders shall quote the prices of all items listed in the tender enquiry for delivery of the items in MDL store. The prices quoted shall remain firm and fixed during the currency of the order / contract unless agreed otherwise by MDL. 7.1 For Indigenous Bidders: Indigenous Bidder shall quote the prices of all items / services listed in the price sheet format of the tender enquiry for delivery of the items in MDL store / completion of the work at MDL site. The prices quoted shall remain firm and fixed during the currency of the order / contract unless agreed otherwise by MDL Note: Though the provision for quoting the forwarding charges is made in price bid, bidders are requested not to quote the separate forwarding charges. Bidders may quote the delivery charges if required. 7.2 For Foreign Bidders: Bidder shall quote the prices on the FOB Port of dispatch basis only. Prices on the basis of FOB factory or ex-works and CIF basis are not acceptable. However prices on CIF basis must be quoted to ascertain the cost of transportation for ranking of the bids. The prices quoted shall remain firm and fixed during the currency of the order / contract unless agreed otherwise by MDL. Needless to state that the delivery terms by way of high sea sales / sale in transit are not acceptable. To arrive at the custom charges the foreign bidders must submit the following details along with the Part –I Bid; 1. Port of dispatch to be clearly specified 2. Containerized dispatch/ Break bulk. 3. No of required containers with their size & type (20Feet/40 Feet/Open/Closed) 4. Gross weight.\ In the event of order placement on FOB basis, MDL will arrange the transit insurance and cost will be at MDL’s account in case of order on FOB basis. Supplier shall intimate to Tender no.: GM (M)/PPC/2000005639 Page 3 of 30 MDL & the insurance company about the dispatch and forward the required set of documents. Note: Though the provision for quoting the CIF Cost is made in price bid, bidders are requested not to quote the separate CIF Cost in absolute value. The Foreign bidders shall indicate CIF cost in the form of % over and above the quoted FOB cost in Part 1 Offer. Terms of Payment: - MDL does not pay any advance Payment for Indigenous and Overseas bidders. 8. 8.1 For Indigenous Bidders: Payment for the 100% of the order value, as reduced by any deductibles and/or the amount leviable towards liquidated damages, if any may be payable through NEFT/RTGS within 25-30 days after receipt of complete set of the items / Equipment, spares and against submission of documents in Triplicate including Delivery challan(s), Pre-dispatch inspection report if applicable and receipt inspection & acceptance report, Test reports / Certificates if applicable, Packing Lists, Invoice, Storage / Preservation / Maintenance Procedures & other Technical documentation in requisite sets as relevant and work completion certificate duly certified by an officer from the user department in the rank of CM or above and submission & subsequent confirmation of performance bank guarantee for 10% of the total order value excluding taxes, duties & freight etc. Note: Bidders shall furnish all the necessary details like name of the bank / branch, branch code No, bank account No in their bid as per the NEFT/RTGS format provided with the tender enquiry. Important Note for Indigenous Bidders: If the site is not ready or installation/commissioning is not possible due to any reason attributable to MDL and as certified by an officer from the user department in the rank of CM or above, payment for the 70% of the supply value (Cost of Material with 100% Taxes), as reduced by any deductibles and/or the amount leviable towards liquidated damages, if any may be payable through NEFT/RTGS within 25-30 days after receipt of complete set of the items / Equipment, spares and against submission of documents in Triplicate including Delivery challan(s), Predispatch inspection report if applicable and receipt inspection & acceptance report, Test reports / Certificates if applicable, Packing Lists, Invoice, Storage / Preservation / Maintenance Procedures & other Technical documentation in requisite sets as relevant. Balance payment will be released after successful installation, commissioning, testing/trial, training and against work completion certificate duly certified by an officer in the rank of CM or above of the user department and submission & subsequent confirmation of performance bank guarantee for 10% of the total order value excluding taxes, duties & freight etc. 8.2 For Foreign Bidders: A) Payment through L/C:i) Payment will be made by the way of irrevocable letter of credit (L/C) established through our bankers. L/C will be opened for 100% of the order value (Cost of Material i.e. FOB and Charges for installation & commissioning). This L/C will allow payment as reduced by any deductibles and/or the amount leviable towards liquidated damages, if any on timely presentation of the documents mentioned below (TEF Clause 8.2.1 to 8.2.11) through bank and against work completion certificate duly certified by an officer from the user department in the rank of CM or above and submission & subsequent confirmation of performance bank guarantee for 10% of the total order value excluding taxes, duties & freight etc. A sample format of the same is enclosed. For opening L/C, Suppliers should essentially furnish their clear & timely acceptance of the order. For opening L/C, all charges outside India shall be borne by the Beneficiary (supplier).In case supplier seeks L/C amendment for no fault of MDL Tender no.: GM (M)/PPC/2000005639 Page 4 of 30 or requires confirmation of L/C then all charges towards L/C amendment or confirmation of L/C respectively shall be borne by the supplier. ii) If the site is not ready or installation/commissioning is not possible due to any reason attributable to MDL and as certified by an officer from the user department in the rank of CM or above, payment for 70% of FOB value (Cost of material), as reduced by any deductibles and/or the amount leviable towards liquidated damages, if any may be payable against documents mentioned at TEF Clause 8.2.1 to 8.2.11 & other Technical documentation in requisite sets as relevant and submission & subsequent confirmation of bank guarantee of equivalent amount. Balance payment will be released after successful installation, commissioning, testing/trial, training and against work completion certificate duly certified by an officer from the user department in the rank of CM or above and submission & subsequent confirmation of performance bank guarantee for 10% of the total order value excluding taxes, duties & freight etc. OR B) Payment on collection basis: Payment due on collection basis will be done for 100% of the order value (Cost of Material i.e. FOB and Charges for installation & commissioning) as reduced by any deductibles and/or the amount leviable towards liquidated damages, if any on timely presentation and receipt of the documents mentioned below (TEF Clause 8.2.1 to 8.2.11) and against work completion certificate duly certified by an officer from the user department in the rank of CM or above and submission & subsequent confirmation of performance bank guarantee for 10% of the total order value excluding taxes, duties & freight etc. In case any delay attributable to MDL, payment will be done as mentioned at 9.2 A) ii) above. Note: Bidders should indicate the mode of payment acceptable to them from the above mentioned 2 options (A or B) in Part-I Offer i.e. Techno-Commercial Bid. Essential documents required for payment (Both Options A or B): 8.2.1 Set of Original + 2 Copies of signed Invoice showing item wise prices as per the order. 8.2.2 Set of Original + 2 Copies of signed Packing List clearly showing list of items packed. 8.2.3 Set of Original + 2 Copies Clean on Board Bill of Lading OR Air Way Bill made in the name of MDL’s Bank and Marked as freight to pay. 8.2.4 Set of Original + 2 Copies of Certificate of approval OR Release Note from MDL nominated Inspection agency. 8.2.5 Certificate of country of origin by Chambers of Commerce in Original + 2 Copies. 8.2.6 Original + 2 Copies of Warranty Certificate in prescribed format. 8.2.7 Original + 2 Copies of all Manufacturer’s Test Certificates (MTCs) / Reports, Drawings, Manuals, Procedures etc as relevant to the ordered item. 8.2.8 Certificate Confirming that supplier has couriered / dispatched 3 sets of Non Negotiable Documents comprising of all Test reports / MTCs, Technical Documents, Drawings, Manuals, Procedures etc and of Signed Invoices, Packing Lists, Bill of Lading/AWB, MDL nominated Inspection Agency’s Certificate of approval, Country of Origin Certificate issued by Chambers of Commerce, Warranty Certificate, Performance Bank Guarantee, directly to MDL. Tender no.: GM (M)/PPC/2000005639 Page 5 of 30 8.2.9 Original + 2 Copies of the Certificate issued by the classified society confirming seaworthiness of the vessel and that the shipment is made on vessels of not more than 15 years vintage. (Applicable in case of CIF contracts / orders agreed by MDL) 8.2.10 Certificate issued by MDL confirming that the delivery is made in time and no penalty is applicable OR incase of delays, admissible amount of penalty will be specified by MDL in this certificate for reduction of equal amount from supplier’s invoice. (MDL will issue this certificate generally by FAX immediately on receipt of signed copy of invoice, packing list, approval certificate of the nominated inspection agency, date of the proposed shipment, & copies of B/L or AWB or any other acceptable documents confirming supplier’s readiness dispatch). 8.2.11 Certificate confirming that the shipping instructions (inclusive of packing) have been followed while packing / shipment and forwarding of details for insurance to MDL.. Important Notes for Foreign Bidders: 1. All the documents should clearly indicate the Purchaser's Order number, Import License Number, Airway Bill / Bill of Lading Number. 2. Foreign Bidders must submit the Letter of Credit format duly filled as per Enclosure 12 of the tender. 9. Guarantee/Warranty: The supplied items shall be warranted for 12 months from the date of commissioning of material. Valid Warranty certificate must be submitted. 10. Performance Bank Guarantee (PBG): The Successful bidders will have to submit PBG in the prescribed format for 10% of the Contract/Order value excluding taxes, duties, freight etc., valid for 13 months (validity 12 months + 1 month claim period) from the date of commisioing or offer your consent to MDL for retention of 10 % of order value towards PBG. 11. Bidder shall abide by all Standard Terms and Conditions of Supply (STACS), GT&C and Acceptance formats as per Enclosures 3 & 4 contained therein should be properly filled, signed and returned by the bidder along with techno-commercial (Part-I) bid. The bidder shall also abide statutory requirements, Official Secret Act 1923 and Safety clause as per Enclosure-11. 12. Taxes & Duties:12.1 The rates quoted in the Rate Sheet should exclude Taxes and Duties. Bidder should indicate Taxes and Duties 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 12.2 The rate sheet to be enclosed with the tender will indicate the rates under each tax head viz.: a. Excise Duty. b. Education Cess, if included. c. Central Sales Tax. (CST) d. Value Added Tax. (VAT) e. Octroi, if included. f. Taxes on Commissioning/Installation charges. Note: The exemptions for Excise Duty, Octroi, Custom, etc., are not applicable for this requirement. 12.3 Suppliers / bidder will not be entitled to any increase in rate of taxes occurring during the period of extended delivery completion schedule if there is delay in supplies / completion attributed to him. However if there is a decrease in taxes, the same must be passed on to MDL. Tender no.: GM (M)/PPC/2000005639 Page 6 of 30 13. 12.4 Wherever all inclusive prices are quoted by the bidder(s) without bifurcation of tax elements, no escalation shall be considered in respect of any variations in statutory levies arising subsequently because of the absence of required base figures in the purchase order / contract. 12.5 Successful Bidder/s will not be entitled to any increase in rate of taxes occurring during the period of extended delivery schedule if there is delay in supply/completion attributed to him. However, if there is a decrease in taxes, the same must be passed on to MDL. 12.6 We will give the following certificate for Purchase of these items against this tender. * Issue of ‘C’: Form w.r.t Sales tax. Loading Criteria: Deviations sought by the bidder in respect of Custom Duty exemption, Freight, Insurance, Payment terms shall be loaded on the bidder/s quoted prices during price evaluation by MDL. Among the equal bids, bidders with ISO 9000 series accreditation over Non-ISO bidders, firstly Manufacturers then their authorized dealers will be given preference. The loading criteria that will be adopted are detailed below & also as per Enclosure-4: 13.1 It is desirable that the bidder accepts the Payment Terms indicated in clause 9 above. Varied payment terms quoted by bidders as compared to the terms stated in the Tender document shall be normalized by applying S.B.I. Prime Lending Rate (prevailing at the time of opening of Price bid) plus 2% p.a. rate of interest for the period at variation. (For Indigenous bidder) & for overseas bidder the bids will be normalized at LIBOR/EURIBOR rate plus 2% for ranking of the bids. 13.2 In case of Foreign supplier the basic cost (CIF) shall be the basis for comparison of quoted price. Custom clearance/Port handling / transport charges to the yard will be added to CIF cost. 13.3 Delivery of the goods at MDL premises should be the responsibility of the vendor. However, for unavoidable reasons, if bids are exclusive of transport and/or insurance, the same will be loaded at the cost to be incurred by MDL. 13.4 For the additional delivery period sought by the bidder over the stipulated date of delivery as per Tender, 0.50% per completed week will be loaded to the quoted price. 13.5 Deviations sought in respect of Liquidated Damages (L D) Deviations sought in respect of rate per week and / or maximum ceiling in respect of liquidated damages shall be loaded to the quoted price. For e.g.. The maximum ceiling towards liquidated damages speculated in the tender is 5% and the bidder seeks to limit it to, say 3.5% then the price quoted will be loaded by 1.5%. If the rate of L.D per week is 0.5% per week or part thereof as per tender and the bidder seeks it as, say, 0.4% per week or part thereof, the maximum ceiling on L D as per tender will first be equated to weeks (10 weeks in this case) and the rate proposed by the bidder i.e. 0.4% will be multiplied by the so equated maximum period (which works out to 4%) and the quoted price will be loaded accordingly by 1%. Delivery being the essence of the contract, it is desirable if the bidder/s adhere to the stipulated clause. 13.6 Deviations in respect of the period of Warranty shall be loaded to the quoted price @ 0.25% per month or part thereof. This does not arise if the bidder quotes additional price for the differential period. 13.7 The ranking of price bids shall be done on the basis of “ all inclusive of taxes, duties & levies” In these cases, the variation in statutory levies etc are not allowed unless the breakup in respect of taxes duties are clearly and separately furnished in bid. 13.8 Ranking of Bids & Determination of L-1 Bidders: Ranking of price bids shall be done on the basis of “all inclusive of taxes, duties and Tender no.: GM (M)/PPC/2000005639 Page 7 of 30 levies”. If any variations in statutory levies, the break up in respect of taxes, duties and levies is clearly and separately furnished in the bid and the MDL is satisfied that the rates of taxes, duties & levies indicated therein are in line with the tax law: so that escalation due to variation in the taxes, duties & levies can be justifiably considered to the extent legitimately allowable on the base amount(s) indicated in the bid. Therefore bidder is requested to show the break up regarding taxes, duties & levies as applicable in the bid. Techno-Commercially Qualified Overall and all Inclusive Lowest Bidder will be considered for the placement of order. On-line Ranking visible to the bidders after opening part II price bid is without loading parameters. However the L1 bidder will be evaluated offline after consideration of all applicable loading parameters as mentioned in the tender document and commercial terms. 14. Consignee: The Successful bidder/s shall arrange dispatch of goods by appropriate Rail / Road / Sea / Air transport mode as per the order to ‘EAST YARD PIPE SHOP DEPARTMENT THROUGH EAST YARD STORES’ and further to designated stores on working days (Monday to Friday) between 8.00 hrs to 15.00 hrs (Lunch Time 11.30 to 12.00 hrs) .In case truck/tempo reaches our yard beyond above time the same may be retained over night at your risk & cost. Unloading and stacking the receipt store shall be to bidders account. An advance copy of invoices along with other relevant documents shall be forwarded to the purchaser sufficiently in advance to enable clearance of cargo within allowed demurrage free days to avoid demurrage. In case of door delivery orders, the supplier shall categorically direct the transporter to deliver the ordered items without insisting for consignee copy of the Lorry Receipt. 15. Modifications to the Bids: Bidder will not be allowed to bid after the closing time is over. Bidder can change the submitted bid any number of times till the closing time and the last changed bid will be considered for ranking of the bids. 16. Public Grievance Cell: A Public Grievance Cell headed by General Manager (F-CA) has been set up in the Company. Members of public having complaints or grievances are advised to contact him on Wednesday between 10.00 hours and 12.30 hours in his office on 6th floor , Mazdock House Building (022 – 23762121 , 23759793) or send their complaints / grievances to him in writing for redressal. 17. Supply on MDL Holidays: Request for permission for delivery on Saturday / Sunday / holidays if required, should be submitted 3 working days prior to the date of holiday, to Personnel department and Security through concerned Dept. 18. Liquidated Damages: Time is an essence of the contract therefore the job, as ordered (Complete Scope of supply), should be completed on the dates mutually agreed upon in accordance with the delivery/completion schedule. In cases of delay not attributable to Purchaser beyond the agreed schedule, the Successful bidder shall pay liquidated damages, a sum representing 0.5% (Half per cent) per week or part thereof, subject to maximum of 5% of the final Order / Contract value. Vendor / Contractor (Seller) will also be liable to pay Liquidated Damages for late delivery of Manuals, Drawings and Documentation as agreed to by Purchaser and Vendor / Contractor (Seller) and as stated in the Purchase Order. The amount of such damages will be clearly defined in the Purchase Order and may extend up to 5% of the Order Value. Date of successful completion of entire scope as mentioned in tender/order (including, supply, installation / erect, testing, commissioning and training, submission of documents, etc.) shall be considered as date of delivery for purpose of levy of liquidated damages unless specifically mentioned otherwise. Tender no.: GM (M)/PPC/2000005639 Page 8 of 30 In case of any delay attributable to MDL as certified by the officer in the rank of Chief Manager and above from the concerned department, such period will not be considered for the purpose of levy of liquidated damages. Part levying LD on item-wise and/or quantity-wise may be considered at the sole discretion of MDL. However, request for levying of LD on activity basis (i.e. separately for receipt of item in MDL, installation & commissioning, training, submission of documents, etc.) shall not be considered. 19. Bidders will not be entitled to any increase in rate of taxes occurring during the period of extended delivery completion schedule if there is delay in supplies / completion attributed to him. However if there is a decrease in taxes, the same must be passed on to MDL. 20. Inspection - In addition to inspection criteria indicated at clause 39 of Annexure I of tender, following terms are also applicable: (a) Inspection will be carried out by EY-QA and user department, on receipt of material in MDL. (b) Receipt Inspection by MDL EY-QA and User department- MDL shall carry out necessary inspection of the items on receipt in the MDL Yard on the basis of appropriate MDL Inspection system requirements along with the representative of user dept. & the Inspection documents submitted by suppliers. Any objection raised by MDL inspection team against quality of material or workmanship shall be satisfactorily corrected by the supplier at his expenses including replacement as may be required within shortest possible time within 30 days. Items damaged during transit shall also be rectified or replaced by the supplier within shortest possible time. (c) Rejection of the material: Any portion of the equipment found defective/rejected, the supplier shall collect the same at his cost from the MDL Yard, all incidental charges being born by supplier, (inclusive of custom duty, if payable), within 30 days from the date of intimation to the supplier of such rejection. The MDL reserves the rights to dispose off the rejected item at the end of a total period of 90 days in any manner, to the best advantage to the MDL& recover storage charges & any consequential damages, from sale proceeds of such disposal. 21. In case of any clarifications, bidders are requested to contact the undersigned, before the closing date of the tender. Bidders can also contact toll-free customer help line of e-procurement portal https://mdl.eproc.in User guide is available on the home page of the above-referred web site. In addition contact number 022/66865600/01/05/08/10/33 or mail id [email protected]. However, training programme is arranged in MDL Premises on every working Fridays in two sessions (1000 – 1200 hrs and 1400 – 1600 hrs ) for prospective/willing Bidders. Interested vendors may forward their request for training to the following executive. [email protected], [email protected],[email protected], [email protected] 22. MDL reserves the right to consider placement of Order. 23. Bidders can participate in online bidding • By registering with above referred portal for User ID and password. • By obtaining class III DSC (Digital Signature Certificate) for secured bidding. Tender no.: GM (M)/PPC/2000005639 Page 9 of 30 24. In case Indian representative of overseas bidders are participating on behalf of their principal, an Authorization letter from their principal stating, “they are authorized to quote on behalf of their principal to this tender” should be uploaded with Part-I bid. 25. In case of improper on-line filling of Acceptance Formats for Tender Enquiry Form, General Terms & Conditions (GT&C) and Standard Terms & Conditions (STACS), it shall be presumed that all our tender terms & conditions are acceptable to you. 26. Bidders intending to witness the Tender opening shall have to submit the letter of authority to the Tender Opening Officers and will sign on the sheet of paper in token of his presence at the time of opening. 27. (a) Bidders in their own interest are requested to upload their bids well in advance of tender date closing to avoid the last minute difficulties in uploading the bids. (b) Problems in hardware/software, internet connectivity, system configurations, browser setting etc. whatsoever reason shall not be considered for extension of tender closing date and time 28. Invoices should be submitted immediately within two to three MDL working days (preferably the invoices should accompany supply) after execution of the orders/expiry of contract. Thereafter any discrepancies/pending claims regarding payment or any other matter related to this order/contract should be brought to MDL’s notice in writing within 30 days of otherwise final payment by MDL, beyond which no claims whatsoever will be entertained. 29. We look forward to your participation in on-line bidding by offering your most competitive and reasonable bid against this tender. e-tender enquiry acceptance form is uploaded at Stage Name: Part-I (Techno Commercial Bid) Yours faithfully, For MAZAGON DOCK LIMITED, (Purchase Officer) Stamp Enclosure Enclosure Enclosure Enclosure Enclosure Enclosure Enclosure Enclosure Enclosure Enclosure - 1 2 3 4 5 6 7 8 9 10 : : : : : : : : : : Technical Specifications & Scope of Supply Standard Terms & Conditions (STACS) * General Terms & Conditions (GT&C) * Loading Factors RTGS/NEFT Format * Bank Guarantee Format for EMD – Not Applicable Security Deposit Bank Guarantee Format - Not Applicable Bank Guarantee Format for Performance. (PBG) Format of Letter of Credit Shipping Instruction for Sea & Air Consignments Note: * These documents to be down loaded from our Website. (www.mazagondock.gov.in > Tenders > e-procurement related to Tender Documents for Material Purchase Dept.’ ) Tender no.: GM (M)/PPC/2000005639 Page 10 of 30 Enclosure-1 Technical Specifications & Scope of Supply Technical Specification for CNC Marking System. Scope of supply Supply and commissioning of CNC marking system as per the technical specifications detailed below. The item should be delivered to Mazagon Dock Ltd, East Yard, Mumbai. Other Requirements:1) One set of maintenance kit & three sets of Instruction, maintenance and spare manuals are to be provided. 2) Training: Duration of training should be for minimum one day. Training to be given immediately after successful commissioning of the machine during company’s working days during first shift from 7.00 am to 16.00 hrs in MDL at no extra cost. 3) One year warranty from the date of commissioning. 4) Assurance for maintenance and service back up for next 10 years including spares supply. 5) Spares consumed during commissioning to be replaced at free of cost. Other conditions:1. The supplied machine should have servicing set up in India & the breakdown call should be attended within 24hrs of report. 2. Firms shall submit the list of customers along with their address and contact detail where similar types of machines are supplied in India. Acceptance Criteria:After successful commissioning of the machine at MDL, final acceptance to be obtained from OIC Pipe Shop. Completion Schedule:Completion of all works including supply, commissioning, training & setting to work shall do within 5weeks from the date of order placement. Technical Specifications of CNC Marking System Sr. No. 1 2 3 4 5 6 7 8 Description Machine Type Operation AC Mains Electricity Working conditions Marking Window Marking Depth Marking Material Controller 9 Training Tender no.: GM (M)/PPC/2000005639 Features (Fixture Mounted) Marking machine with control unit Electric operated 230 Volts, 1 phase, 50Hz Suitable for Indian climate near Sea shore (60 to 100 mm x 100 to 120 mm) Variable controlled depth up to Approx. 0.3mm on M.S. Soft plastics to hard material up to RC60 Should include Integrated keyboard, LCD, software system etc. with PC to operate system To training 4 employees for operating the m/c Page 11 of 30 Enclosure-2 Tender no.: GM (M) /PPC /2000005639 STANDARD TERMS AND CONDITIONS (STACS) (FOR PURCHASE OF ITEMS) B-1 (101) B-1.1 The word 'Purchaser' refers to MAZAGON DOCK LIMITED, (MDL), a Company registered under the Indian Companies Act, 1913 and it includes its successors or assignees. B-1.2 The word 'Bidder/Vendor/Contractor' means the person / firm / Company who undertakes to manufacture and or supply and or undertake work of any nature assigned by the Purchaser from time to time and includes its successors or assignees. B-1.3The word 'Owner' means the person or authority with whom Mazagon Dock Limited (Purchaser) has contracted to carry out work in relation to which orders are placed by the Purchaser on the Bidder/Vendor/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. B-2 (102) GENERAL B-2.1UNLESS OTHERWISE INDICATED SPECIFICALLY BY THE BIDDER / CONTRACTOR IN HIS BID, IT SHALL BE CONSTRUED AS HIS ACCEPTANCE OF ALL THE CONDITIONS MENTIONED IN THIS STACS. B-3 (200) COMMUNICATION & LANGUAGE FOR DOCUMENTATION B-3.1 Any letter, facsimile message, e-mail intimation or notice sent to the Bidder/Vendor/Contractor at the last known address mentioned in the offer / order shall be deemed to be valid communication for the purpose of the order/contract. Unless stated otherwise by the purchaser, Language for communication & all documentation shall be same, which the Purchaser has used, in the tender enquiry. B-4 (210) PURCHASER’S PROPERTY B-4.1 All property (such as materials, drawings, documents etc) issued by the Purchaser or any other individual or firm on behalf of the Purchaser in connection with the contract shall remain confidential, being the property of the Purchaser and the Bidder/Vendor/Contractor shall undertake to return all such property so issued and will be responsible for any or all loss thereof and damage thereto resulting from whatever causes and shall reimburse the Purchaser the full amount of loss and damage. B-5 (220) RISK PURCHASE B-5.1If the equipment / article / service or any portion thereof be not delivered / performed by the scheduled delivery date / period, any stoppage or discontinuation of ordered supply / awarded contract without written consent by Purchaser or not meeting the required quality standards the Purchaser shall be at liberty, without prejudice to the right of the Purchaser to recover Liquidated Damages / penalty as provided for in these conditions or to any other remedy for breach of contract, to terminate the contract either wholly or to the extent of such default. Amounts advanced or part thereof corresponding to the undelivered supply shall be recoverable from the Contractor / Bidder at the prevailing bank rate of interest. B-5.2 The Purchaser shall also be at liberty to purchase, manufacture or supply from stock as it deems fit, other articles of the same or similar description to make good such default and or in the event of the contract being terminated, the balance of the articles of the remaining to be delivered there under. Any excess over the purchase price, cost of manufacture or value of any articles supplied from the stock, as the case may be, over the contract price shall be recoverable from the Bidder / Vendor / Contractor. B-6 (230) RECOVERY-ADJUSTMENT PROVISIONS: B-6.1 Payment made under one order shall not be assigned or adjusted to any other order except to the extent agreed upon in writing by the Purchaser. During the currency of the contract, if any sum of money is payable by the Bidder / Vendor / Contractor the same shall be deducted from any sum then due or thereafter may become due to the Bidder / Vendor / Contractor under the contract or any other contract with the Purchaser. Tender no.: GM (M)/PPC/2000005639 Page 12 of 30 B-7 (250). INDEMNIFICATION B 7.1. The Bidder / Vendor / Contractor, his employees, licences, agents or Sub-Vendor / Subcontractor, while on site of the Purchaser for the purpose of this contract, indemnifies the Purchaser against direct damage and or injury to the property and or the person of the Purchaser or that of Purchaser's employees, agents, Sub- Contractors / Suppliers occurring and to the extent caused by the negligence of the Bidder / Vendor / Contractor, his employees, licencees, agents or Sub-contractor by making good such damages to the property, or compensating personal injury and the total liability for such damages or injury shall be as mutually discussed and agreed to. B-8 (260). TRANSFER OF VENDORS / CONTRACTOR’S RIGHTS: B 8.1. The Bidder / Vendor / Contractor shall not either wholly or partly sell, transfer, assign or otherwise dispose of the rights, liabilities and obligations under the contract between him and the Purchaser without prior consent of the Purchaser in writing. B-9 (270). SUBCONTRACT & RIGHT OF PURCHASER B 9.1 The Bidder / Vendor / Contractor under no circumstances undertake or subcontract any work / contract from or to any other Sub-contractor without prior written approval of the Competent Authority of Purchaser. In the event it is found that such practice has been indulged in, the contract is liable to be terminated without notice and the Bidder / Vendor / Contractor is debarred all from future tender enquiries / work orders. However in no circumstances a contractor is permitted to subcontract any part of the contract to the bidders who had quoted for the concerned tender. B-10 (280). PATENT RIGHTS. B 10.1 The Bidder / Vendor / 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. B .11 (290.) AGENTS / AGENCY COMMISSION: B 11.1. The Bidder / Vendor / Contractor confirms and declare to the Purchaser his status as either the original manufacturer of equipment or as the stockist / supplier of the equipment / machinery / items referred to in this contract and that he has not engaged any individual or firm, whether Indian or foreign whatsoever, to intercede, facilitate or in any way to recommend to the Purchaser or any of its functionaries, whether officially or unofficially, to the award of the contract to the Contractor / Supplier nor has any amount been paid, promised or intended to be paid to any such individual or firm in respect of any such intercession, facilitation or recommendation. The Bidder / Vendor / Contractor shall agree that if it is established at any time to the satisfaction of the Purchaser that the present declaration is in any way incorrect or if at a later stage it is discovered by the Purchaser that the Bidder / Vendor / Contractor has engaged any such individual / firm, and paid or intended to pay any amount, gift, reward, fees, commission or consideration to such person, party, firm or institution, whether before or after the signing of this contract, the Contractor / Supplier shall be liable to refund that amount to the Purchaser. The Bidder / Vendor / Contractor will also be debarred from entering into any supply contract with the Purchaser for a minimum period of five years. The Purchaser will also have a right to consider cancellation of the contract either wholly or in part, without any entitlement or compensation to the Bidder / Vendor / Contractor who shall in such event be liable to refund all payments made by the Purchaser, along with interest at the rate of 2% per annum above the LIBOR (London Inter bank Offer Rate). The Purchaser will also have the right to recover any such amount from any contracts concluded earlier with the Purchaser. B 12 (300.) USE OF UNDUE INFLUENCE / CORRUPT PRACTICES: B-12.1.The Bidder / Vendor / Contractor undertakes that he has not given, offered or promised to give, directly or indirectly any gift, consideration, reward, commission, fees, brokerage or inducement to any person in service of the Purchaser or otherwise in procuring the contract or forbearing to do or for having done or forborne to do any act in relation to the obtaining or execution of the Contract with the Purchaser for showing or forbearing to show favour or disfavour to any person in relation to the Contract or any other Contract with the Purchaser. Any breach of the aforesaid undertaking by the Bidder / Vendor / Contractor or any one employed by him or acting on his behalf (whether with or without the knowledge of the Bidder / Vendor / Contractor) or the commission of any offence by the Bidder / Vendor / Contractor or any one employed by him or acting on his behalf, as defined in Chapter IX of the Indian Penal Code, 1980 or the Prevention of Corruption Act, 1947 or any other Act enacted for the prevention of corruption shall entitle the Purchaser to cancel the contract and all or any other contracts with the Contractor / Supplier and recover from the Bidder / Vendor / Contractor the amount of any loss arising Tender no.: GM (M)/PPC/2000005639 Page 13 of 30 from such cancellation. A decision of the Purchaser or his nominee to the effect that a breach of the undertaking has been committed shall be final and binding on the Bidder / Vendor / Contractor. B 12.2. The Bidder / Vendor / Contractor shall not offer or agree to give any person in the employment of Purchaser any gift or consideration of any kind as "Inducement" or "reward" for doing or forbearing to do or for having done or forborne to do any act in relation to the obtaining or execution of the contract/s. Any breach of the aforesaid condition by the Bidder / Vendor / Contractor or any one employed by them or acting on their behalf (whether with or without the knowledge of the Bidder / Vendor / Contractor) or the commission of any offence by the Bidder / Vendor / Contractor or by any one employed by them or acting on their behalf which shall be punishable under the Indian Penal Code 1980 and / or the Prevention of Corruption by Public Servants, shall entitle Purchaser to cancel the contract/s and all or any other contracts and then to recover from the Bidder / Vendor / Contractor the amounts of any loss arising from such contracts' cancellation, including but not limited to imposition of penal damages, forfeiture of Security Deposit, encashment of the Bank Guarantee and refund of the amounts paid by the Purchaser. B 12.3. In case, it is found to the satisfaction of the Purchaser that the Bidder / Vendor / Contractor has engaged an Agent or paid commission or influenced any person to obtain the contract as described in clauses relating to Agents / Agency Commission and use of undue Influence, the Bidder / Vendor / Contractor, on a specific request of the Purchaser shall provide necessary information / inspection of the relevant financial document / information. B 13 (330). BANNED OR DE-LISTED CONTRACTORS / VENDORS. B 15.1 The Bidder / Vendor / Contractor declares that they being Proprietors / Directors / Partners have not been any time individually or collectively blacklisted or banned or de-listed by any Government or quasi Government agencies or PSUs. If a bidder’s entities as stated above have been blacklisted or banned or de-listed by any Government or quasi Government agencies or PSUs, this fact must be clearly stated and it may not necessarily be a cause for disqualifying him. B 14 (340.) DUTY OF PERSONNEL OF SUPPLIER/VENDOR MDL being a Defence Organisation, Bidder / Vendor / Contractor undertakes that their personnel deployed in connection with the entrusted work will not indulge in any activities other than the duties assigned to them. B 15 (350). ARBITRATION B 15.1. Any dispute / differences between the parties arising out of and in connection with the contract shall be settled amicably by mutual negotiations. Unresolved disputes/ differences, if any, shall be settled by Arbitration and the arbitration proceedings shall be conducted at Mumbai (India) in English language, under the Indian Arbitration and Conciliation Act, 1996. B 15.2 In case of unresolved difference / dispute between Purchaser and Supplier, being a Public Sector Enterprise, shall be referred by either party to the Department of Public Enterprises, as per extant guidelines B 16 (360). JURISDICTION OF COURTS B 18.1 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. . -**********- Tender no.: GM (M)/PPC/2000005639 Page 14 of 30 Enclosure-3 Tender no.: GM (M) /PPC /2000005639 GENERAL TERMS & CONDITIONS (GT&C) A-1. (A-10) ACCEPTANCE OF ORDER / CONTRACT A-1.1. With the acceptance of the successful bidder’s offer by the purchaser, which is as per the Terms & Conditions of the tender, by means of LOI/Order/Contract, the tender is concluded. The Vendor / Subcontractor / Supplier shall, on receipt of the order/LOI/Contract, communicate their unconditional acceptance to the purchaser in the prescribed format immediately within 10 days. A 1.2. If nothing to the contrary is heard by purchaser within 10 days from the date of placement of order, it will be understood that the order has been accepted by the Bidder/Vendor/Contractor. A 1.3. Any delay in acknowledging the receipt & acceptance of the Purchase Order/Contract/LOI from the specified time limit or any qualification or modification of the purchase order/LOI/Contract in its acknowledgement acceptance by the Vendor / Sub-contractor /Supplier shall be termed as breach and would be liable for forfeiture of EMD, Bid Bond, Security deposits etc. A-2 (A-20) SECURITY DEPOSIT. A 2.1. The successful bidder shall submit a Security Deposit @ 5% of the value of the Order in the form of Demand Draft / Bank Guarantee in the prescribed format in favour of Purchaser within 15 days from date of LOI / Order / Contract. The Security Deposit will be returned only after the successful execution of the order / contract. Refund of Security Deposit whenever considered admissible by the Purchaser, shall be without interest only. A-3 (A 30) FORFEITURE OF EMD / BID BOND. A 3 1. In cases of withdrawal of bid during validity period or during any extension granted thereof, non acceptance of agreed conditions of Technical and or Commercial and or Price Negotiations, nonsubmission of the security deposit and / or non-acceptance of the order the EMD or bid security will be forfeited or encashed as the case may be. A-4 (A 40) FORFEITURE OF SECURITY DEPOSIT. A 4 1. Non-performance of agreed terms and or default/breach by Bidder/Vendor/Contractor will result in forfeiture of security deposit with application of risk purchase provisions as felt appropriate by the Purchaser. A-5 (A 50). FORFEITURE OF PERFORMANCE GUARANTEE A 5 1. In the event of Bidder/Vendor/Contractor failure to attend the Guarantee defects within a reasonable period of time, the Performance Bank Guarantee will be encashed by the Purchaser. The Purchaser’s decision shall be final and binding on Bidder/Vendor/Contractor A-6 (A 60). SUPPLIES A-6.1. The equipment / products / items / Services to be supplied shall be strictly in accordance with the Drawings / Specifications / Requirements indicated in the Tender Enquiry / Order with deviations, if any, as mutually accepted. A-7 (A 80). CANCELLATION OF ORDER A-7.1.The Purchaser reserves the right to cancel an order forthwith without any financial implications on either side, if on completion of 50% of the scheduled delivery/Completion period the progress of manufacture/Supply is not to the satisfaction of Purchaser and failure on the part of the Bidder/Vendor/Contractor to comply with the delivery schedule is inevitable. In such an event the Bidder/Vendor/Contractor shall repay all the advances together with interest at prevailing bank rates from the date of receipt of such advances till date of repayment. The title of any property delivered to Purchaser will be reverted to the Bidder/Vendor/Contractor at his cost. A-7.2. In case of breach / non-compliance of any of the agreed terms & conditions of order / contract. MDL reserves the right to recover consequential damages from the vendor / contractor on account of such premature termination of contract. A-7.3. In case of delay beyond agreed period for liquidated damages or 10weeks from contractual delivery period whichever is earlier, MDL reserves the right to cancel the order and procure the order Tender no.: GM (M)/PPC/2000005639 Page 15 of 30 items / services from any available source at MDL’s option & discretion and entirely at your risk and cost. Extra expenditure incurred by MDL in doing will be recoverable from you. A-8 (A 90). # PRESERVATION AND MAINTENANCE (For Equipments, Machinery) A-8.1. Should any material require any preservation till its final installation/fitment, the detailed procedure (Long term & short term) for the same as also the time of interval after which the state of preservation needs to be reviewed is to be stated by the Bidder/Vendor/Contractor. A-8.2. Further the de-preservation prior to the material/equipment being commissioned and the maintenance procedure together with its periodicity is also to be indicated by the Bidder / Vendor / Contractor. A-8.3. The Bidder / Vendor / Contractor in their offer must confirm that indigenous oil; lubricants and preservatives, etc. can be used in the equipment. The bidder must also give assurance that the equipment performance will not be downgraded by use of indigenous equivalents A-9 (A 100). FREIGHT & INSURANCE A 9.1 In cases where the offers are for 'Door Delivery to Purchaser,' transit freight & Insurance charges shall be borne by the Bidder / Vendor / Contractor. In other agreed cases of Ex-works / Ex-Transporter's warehouse or Railway godown offers, the Bidder / Vendor / Contractor on dispatch, shall give details of materials with despatch particulars and their value in time to Purchaser's Insurance Company on the contact details as provided in the order. In such agreed cases, the freight & insurance charges will be paid by the purchaser directly to the parties concerned. A-10 (A-110). TAXES & DUTIES / STATUTORY LEVIES A-10.1. Taxes and duties applicable, if any, shall be regularized by MDL by issuing necessary exemption certificates or reimbursed at actual. Bidder shall indicate the taxes and duties applicable in their offer. Taxes in cases where exemption certificates cannot be availed, shall be deducted wherever applicable (e. g. Income tax, Service Tax, Works Contract Tax etc) from the bills of the vendor as per statutes. Octroi duty exemption certificate issued by Customer’s representative will be provided on vendor’s written intimation with relevant details regarding readiness of items for dispatch. Where payment of Octroi duty is agreed to and stipulated in the Purchase Order / Contract, the same will be reimbursed by Purchaser at actual after receipt of vendor’s bills along with ‘Original Octroi paid money receipt’ and copy of Form ‘B’. Octroi receipts are to be drawn / issued in the name of ‘Mazagon Dock Limited’ only Where payment of VAT, Sales Tax, Excise Duty is agreed to and stipulated in the Purchase Order / Contract, the same will be reimbursed by the Purchaser at actual after receipt of vendor’s bills along with proof or declaration to the satisfaction of purchaser for payment of such taxes by the vendor to appropriate Tax authorities. A-10 .2 Bidders to note that there are no provisions in the notification issued by Ministry of Finance for issuing the Custom Duty exemption Certificates & Excise Duty Exemption Certificates in favour of subvendors / collaborators and for increase in the figure of import content value specified in the purchase order A-11 (A-120) DEMURRAGE A-11.1. Storage and Demurrage charges will be payable by the Bidder / Vendor / Contractor for all shipments that reach purchaser without proper dispatch documentations, Lorry Receipts not accompanied by packing lists, invoices etc. The Supplier shall be responsible for fines due to errors or omissions in description, weight or measurements and for increased handling charges due to improper packing. A-12 (A 130). INSPECTION, TESTING A-12.1.The ordered items will be inspected either by Classification Society / Nominated Agency and or by Inspection Officer nominated by Purchaser at stages defined in the tender / Purchase Order or as agreed to be defined subsequently in terms of the Purchase Order. A-12 .2 The decision of the Inspecting Authority or their representatives, as the case may be, on any question of the intent, meaning and the scope of Specifications / Standards shall be final, conclusive and binding on the Bidder/ Vendor / Contractor. A-12 .3 The Bidder / Vendor / Contractor shall accord all facilities to Purchaser's Inspectors / Nominated Agency to carry out Inspection / Testing during course of manufacture / final testing. Tender no.: GM (M)/PPC/2000005639 Page 16 of 30 A-13 (A 140) RECEIPT INSPECTION BY MDL A-13.1. MDL shall carry out necessary inspection of the items on receipt, on the basis of an appropriate quality assurance system and inspection system requirements along with representative of the Owner. Any objection raised by MDL Quality Control Team against quality of materials or workmanship shall be satisfactorily corrected by the Contractor at his expense including replacement as may be required within shortest possible time within 30 days. Items damaged during transit shall also be rectified / replaced by the Contractor within shortest possible time, payment for which shall be made at mutually agreed rates. A-14 (A 150) REJECTION OF MATERIALS A-14.1. Should the articles, or any portion thereof of the equipment be found defective / rejected, the Bidder / Vendor / Contractor shall collect the same from the Purchaser's Stores, all incidental charges being borne by him (inclusive of Custom duty, if payable), within 30 days from the date of intimation to the Bidder / Vendor / Contractor of such rejection. The Purchaser reserves the right to dispose off the rejected items at the end of a total period of 90 days in any manner to the best advantage to the Purchaser and recover storage charges and any consequential damages, from sale proceeds of such disposal. A-15 (A 170) PURCHASER’S RIGHT TO ACCEPT ANY BID, PART OF BID AND TO REJECT ANY OR ALL BIDS. A-15.1 The Purchaser reserves the right to accept and or reject any or all tenders and or to withdraw the tender in Toto and or award the contract / order in full or part to more than one vendor / contractor without assigning any reason whatsoever and without thereby incurring any liability to the affected Bidder or Bidders or any obligations to inform the affected Bidder or Bidders of the grounds for MDL action. A-16 (A 190) BIDDER’S RESPONSE IN CASE OF NO PARTICIPATION A-16.1 The Sub-contractor / Supplier / Vendor shall inform the Purchaser in advance in case he is unable to participate in the tender for whatsoever reason. Failure to comply with this will be viewed seriously and consecutive three failures on the part of Sub-contractor / Supplier / Vendor to do so is liable for disqualification / debarring of the Sub-contractor / Supplier / Vendor from all future tender enquiries and or delisting from the list of 'Approved Registered Vendors. ************** Tender no.: GM (M)/PPC/2000005639 Page 17 of 30 Enclosure-4 Tender no.: GM (M) /PPC /2000005639 LOADING FACTORS FOR RANKING OF BIDS (ILLUSTRATIVE FORMAT) A Sr.No. Description Foreign Supplier 1 Basic price Quoted a) FOB b) CIF 2 Add: insurance charges Incase of 1(a) 3 Add Sea/Air Freight charges / Inland Road Transport Customs Clearance / Port Handling / Transportation to Yard Cost (ex-MDL) excluding taxes & duties without loading towards any deviations 4 5 B a) Ex Works b) Delivered to MDL stores In case of 1(a) Incase of 1(a) In case of 1(a) In either case i.e. FOB or CIF Price NIL Sr.Nos. (1+2+3+4) if Sr.Nos. (1+2+3) FOB price quoted OR CIF price + Sr.No.4 Loading due to variations in Financial Term. Sr.No. 6 7 C Indigenous Supplier Description Variation in payment Terms Cost (ex-MDL) excluding taxes & duties after loading for variations in financial term. Foreign Supplier Indigenous Supplier Sr.Nos. 5 + 6 Loading on Account of deviations in following commercial terms Sr.No. 8 9 10 11 12 13 14 Description Security Deposit / Contract performance guarantee. Equipment Performance guarantee Additional delivery period sought over stipulated period as per Tender Additional time sought for supplying binding data. Liquidated damages per week rate / maximum ceiling Warranty / Guarantee Cost (ex-MDL) excluding taxes & duties after loading for variations on account of financial and commercial terms. Foreign Supplier Description Foreign Supplier Indigenous Supplier Sr.Nos.7 + 8 +9 + 10 +11+ 12 +13 D. Landed Cost: Sr.No. 15 16 Taxes & Duties Landed Cost Tender no.: GM (M)/PPC/2000005639 Indigenous Supplier Sr.Nos.14 + 15 Page 18 of 30 Enclosure-5 RTGS/NEFT – MANDATE AUTHORISATION FORM (ILLUSTRATIVE FORMAT) 1. Supplier’s / Vendor’s Name: 2. Supplier’s / Vendor’s Name as per Bank Records: 3A. Supplier’s Code 3B. Supplier’s PAN Number: # # Quoting PAN No. in all the e-returns has become 100% mandatory w.e.f. 14-02-2008 hence, ensure to fill- up this and also send a photocopy of PAN duly self-attested. If there is any difference between the name given in the supplier’s name and name given in the PAN card, then a note to explain the reason for the difference and the correlation between both. 4. Supplier’s / Vendor’s Complete Postal Address: Door Street: No. Locatio District n: : City: State PIN 5. Supplier’s / Vendor’s E-mail ID: 6. Supplier’s / Vendor’s Telephone Number & Mobile Phone Number: M 7. Name of the Bank: 8. Bank (Branch) Postal Address: 9. RTGS*/NEFT** - Code of the Branch: RTGS: NEFT: RTGS* - “Real Time Gross Settlement”, NEFT** - “National Electronic Fund Transfer”. These “IFSC” Codes are unique numbers of each Branch – “Indian Financial Services Code”. For some Branches both the codes are the same and some Banks, may maintain one Code No. for RTGS and another Code No. for NEFT. Hence, please fill-up both the rows, even if it is the same. 10. Nature of the Account: (Tick whichever is applicable & put ‘x’ mark for the balance two accounts) Saving Bank Cash Credit Account: Current Account: Account: 11. Bank Account Number of the Supplier: © © Fill up from the 1st column. For the balance left out blank columns, please mention ‘x’ mark. We hereby declare that the particulars given above are correct and complete. If the transaction is delayed for reasons of incomplete or incorrect information, we would not hold MDL responsible. Date: Supplier’s Seal: Authorized Signature of the Supplier: Certified that the particulars as per Serial Numbers 2, 7 to 11 are correct as per our records. Date: Bank’s Stamp Tender no.: GM (M)/PPC/2000005639 Authorized Signature of the Officer of the Bank. Page 19 of 30 Enclosure-8 PROFORMA BANK GUARANTEE FOR PERFORMANCE (ILLUSTRATIVE FORMAT) (On Non-Judicial stamp paper of value Rs. 100/-) IN CONSIDERATION OF MAZAGON DOCK LIMTED, a company incorporated under the Companies Act 1956 and having its registered office at Dockyard Road, Mumbai 400010 (hereinafter referred to as the “the Purchaser” which expression shall, unless it be repugnant or contrary to the subject or context thereof, be deemed to mean and include its successors and assigns) having placed an order on Messers ........................... a partnership firm/sole proprietor business/a company registered under the Companies Act, 1956 having its Registered office at ...............................(hereinafter called the Contractor/ Supplier which expression shall, unless it be repugnant or contrary to the subject or context thereof, be deemed to mean and include its successors and assigns) vide order No....................... dated.............. (hereinafter called "the order" which expression shall include any amendments/alterations to "the order" issued by "the Purchaser") for the supply , delivery at site, installation and commissioning of certain equipment, item/services/civil works etc. as stated in the said Order and the Purchaser having agreed that the Contractor / Supplier shall furnish a security for the performance of the Contractor’s / Supplier's obligations and/or discharge of the Contractor’s / Supplier's liability in connection with the said order and the Purchaser having agreed with the Contractor/Supplier to accept a performance guarantee, We, .................................................... Bank having office at ............................................ (hereinafter referred to as "the Bank" which expression shall includes its successors and assigns) hereby agree to pay to the Purchaser without any demur on first demand an amount not exceeding Rs........... (Rupees.............................only) being 10% of the order value against any loss or damage, costs, charges and expenses caused to or suffered by the Purchaser by reason of non-performance and non-fulfilment or for any breach on the part of the Contractor / Supplier of any of the terms and conditions of the said order. 2. We, ............................. Bank further agree that the Purchaser shall be sole judge whether the said Contractor/Supplier has failed to perform or fulfil the said order in terms thereof or committed breach of any terms and conditions of the order and the extent of loss, damage, cost, charges and expenses suffered or incurred or would be suffered or incurred by the Purchaser on account thereof and we waive in the favour of the Purchaser all the rights and defences to which we as guarantors may be entitled to. 3. We, ................................. Bank further agree that the amount demanded by the Purchaser as such shall be final and binding on the Bank as to the Bank 's liability to pay and the amount demanded and the Bank undertake to pay the Purchaser the amount so demanded on first demand and without any demur otwithstanding any dispute raised by the Contractor/Supplier or any suit or other legal proceedings including arbitration pending before any court, tribunal or arbitrator relating thereto, our liability under this guarantee being absolute and unconditional. 4. We, .................................. Bank further agree with the Purchaser that the Purchaser shall have the fullest liberty without our consent and without affecting in any manner our obligations hereunder to vary any of the terms and conditions of the said order/or to extend time of performance by the Supplier from time to time or to postpone for any time to time any of the powers exercisable by the Purchaser against the Contractor/ Supplier and to forbear to enforce any of the terms and conditions relating to the order and we shall not be relieved from our liability by reason of any such variation or extension being granted to the Contractor/ Supplier or for any forbearance, act or omission on the part of the Purchaser or any indulgence by the Purchaser to the Contractor/Supplier or by any such matter or things whatsoever which under the law relating to sureties would have the effect of relieving us. 5. We, ........................................ Bank further undertake not to revoke this guarantee during its currency except with the previous consent of the Purchaser in writing. Tender no.: GM (M)/PPC/2000005639 Page 20 of 30 6. We, ......................................... Bank also agree that the Bank’s liability under this guarantee shall not be affected by any change in the constitution of the Contractor / Supplier or dissolution……………………………………………… 7. Notwithstanding anything contained herein above: i) Our liability under this guarantee shall not exceed Rs.......... ii) This Bank Guarantee shall be valid upto and including .......; and iii) We are liable to pay the guarantee amount or any part thereof under this Bank Guarantee only and only if you serve upon us a written claim or demand on or before ……… (validity + ---weeks from the date of expiry of this guarantee). 8. This Guarantee shall be governed by Indian laws and the Courts at Mumbai, India shall have the exclusive jurisdiction. IN WITNESS WHEREOF the Bank has executed this document on this............................. day of ........................... For ........................ Bank (by its constituted attorney) (Signature of a person authorised to sign on behalf of "the Bank") Tender no.: GM (M)/PPC/2000005639 Page 21 of 30 Enclosure-9 LETTER OF CREDIT FORMAT FOR SHIPMENT BY SEA / AIR 40A Form of Documentary Credit Type : 20 Transaction Reference Number Documentary Credit Number Date of Issue Date Date and Place of Expiry Date Place : 31C 31D 51A 50 59 32B 39A 41D 42C 42D 43P 43T 44A 44B 44C 46A 47A 71B Applicant Bank BIC Applicant Name & Address : : : NEGOTIATING BANK : BANKERS OF MDL,MUMBAI : MAZAGON DOCK LTD. DOCKYARD ROAD, MAZAGON, MUMBAI – 400 010 Beneficiary Name & Address : Currency Code, Amount : Currency : Amount : Percentage Credit Amount Tolerance Tolerance 1 Tolerance 2 : : Available with …By…. Name & Address Draft at …. Narrative Drawee Name & Address Partial Shipments Narrative Transhipment Narrative Loading on Board / Dispatch Narrative For Transportation to Narrative Latest Date of Shipment Date Documents required Narrative IRREVOCABLE : : SIGHT/NEGOTIATION : BANKERS OF MDL,MUMBAI : ALLOWED/NOT ALLOWED : ALLOWED/NOT ALLOWED : AIRPORT / SEAPORT (AS PER TENDER ENQUIRY/ORDER) : AIRPORT / SEAPORT (AS PER TENDER ENQUIRY/ORDER) : : (AS PER TENDER ENQUIRY) Additional conditions Narrative. : 1. ALL DOCUMENTS SHOULD BE MARKED WITH IEC CODE NO.0388070412, LC NO. AND DATE AND IMPORT UNDER NON-NEGATIVE LIST OF IMPORT EXPORT. POLICY AM 2. DISCREPANT DOCUMENTS TO BE SENT STRICTLY ON COLLECTION BASIS. Details of charges Narrative : ALL FOREIGN BANK CHARGES OUTSIDE INDIA ARE FOR THE BENEFICIARY’S ACCOUNT. Tender no.: GM (M)/PPC/2000005639 Page 22 of 30 48 49 53D 78 72 47A Period for presentation Narrative Confirmation instructions Instruction Reimbursing Bank Name & Address Instructions to the Paying/ Accepting Bank Narrative Sender to Receiver Information Narrative Additional conditions Narrative. Tender no.: GM (M)/PPC/2000005639 : WITHIN ----- DAYS FROM THE DATE OF BILL OF LADING /AIRWAY BILL. : WITHOUT : BANKERS OF MDL WILL SPECIFY : BANKERS OF MDL WILL SPECIFY BANKERS OF MDL WILL SPECIFY : : 1. ALL DOCUMENTS SHOULD BE MARKED WITH IEC CODE NO.0388070412, LC NO. AND DATE AND IMPORT UNDER NON-NEGATIVE LIST OF IMPORT EXPORT. POLICY AM 2. DISCREPANT DOCUMENTS TO BE SENT STRICTLY ON COLLECTION BASIS. Page 23 of 30 Enclosure-10 FMT/MP/PM/APPNDX – 8.14/ TB/ SAMPLE FORMAT OF SHIPPING INSTRUCTIONS MODE OF DESPATCH 1.The goods may be despatched by sea or if SPECIMEN SHIPPING CLAUSE FOR LINER CARGOES. more uneconomical by parcel post. 2. F.O.B. / F.A.S. CONTRACTS (IMPORTS) Shipping arrangements will be made by the Shipping Co-ordination & Chartering Division, Ministry of Shipping & Transport, New Delhi (Cable: TRANSCHART), their respective Forwarding Agents / Nominees as mentioned below to whom adequate notice of not less than six weeks about the readiness of cargo for shipment, should be given by the Contractor / Suppliers from time to time for finalising the shipping arrangements. Area a) U.K. (including Northern Ireland) (Also Eire) the north continent of Europe (West Germany, Holland, Belgium, France, Norway, Sweden, Finland & Denmark) and ports on the continental seaboard of the Mediterranean (i.e. French & Western Italian Ports) and also Adriatic Ports. b) U.S.A. & Canada c) Japan d) Australia e) Black Sea Ports of Bulgaria Rumania Tender no.: GM (M)/PPC/2000005639 Forwarding Agents / Nominees M/s. Panalpina Welttransport GMBH Spaldingster- 64 D-20097, HAMBURG Tel : +49 40 23771 126 Fax : +49 40 23771 1106 M/s. Dyson Shipping Company Inc. The World Trade Centre, Suite 1933, New York N.Y. 10048. U.S.A. Cable: DYSONCO NEW YORK The First Secretary, (Commercial) Embassy of India, Tokyo, JAPAN. Cable: INDEMBASSY TOKYO The Shipping Corporation of India Limited. Shipping House, 229-232, Madame Cama Road, Mumbai - 400 021. Cable : SHIPINDIA MUMBAI Page 24 of 30 SAMPLE FORMAT OF SHIPPING INSTRUCTIONS (CONTD) The Secretaries, Indo-Polish Shipping Services, C/o, Shipping Corporation of India Limited. Shipping House, 229-232, Madame Cama Road, Mumbai - 400 021. Cable : SHIPINDIA MUMBAI for INDOPOL f) Polish Ports The Secretaries, g) Other areas (excluding the Black Sea Ports of U.S.S.R. & Rostock (GDR). Indo-Soviet Shipping Services, C/o, Shipping Corporation of India Limited. Shipping House, 229-232, Madame Cama Road, Mumbai - 400 021. Cable : SHIPINDIA MUMBAI for SOVINSHIP Shipping arrangements will be made directly or through Shipping Corporation of India Limited. Shipping House,229-232, Madame Cama Road, Mumbai 400 021. Cable : SHIPINDIA MUMBAI 3. From Black Sea Ports of U.S.S.R.to India All contracts whether FOB / FOR / CIF etc. Transportation of equipment and materials under this contracts shall be done by Soviet and Indian Liner Vessels belonging to the Indo-Soviet Shipping Service on a party basis in accordance with the Soviet-Indian Agreement of the 6th April 1956 as amended up to date on the establishment of a regular shipping service between the Ports of the USSR and India. 4. From Rostock (GDR) to India F.O.B. Contracts The seller should arrange shipment of stores by vessels belonging to the member lines of the India-PakistanBangladesh Conferences. If the seller finds that the space on the Conference lines vessels is not available in any specific shipment, he should take up with India-Pakistan-Bangladesh Conferences, Conferity House, East Grindstead, Sussex, U.K. for providing shipping space and also inform the shipping Co-ordination Officer, Ministry of Shipping & Transport, New Delhi. ( Cable : TRANSCHART, NEW DELHI. Telex : VAHAN ND - 2312,2448 and 3104. ) i) The bills of lading should be drawn so as to show:SHIPPERS : THE GOVERNMENT OF INDIA CONSIGNEE : Government Department, Undertaking or Project Supplies & Disposals / Embarkation Commandant (as specified in the tender) concerned or Director of (The name and address of the Post consignee and ultimate consignee should be indicated) i.The non-negotiable copies of the bill s of lading indicating the gross freight amount and rebate allowed should be forwarded to the Shipping Co-ordination Officer, Ministry of Shipping & Transport, New Delhi, after the shipment of each consignment is effected. Tender no.: GM (M)/PPC/2000005639 Page 25 of 30 SAMPLE FORMAT OF SHIPPING INSTRUCTIONS (CONTD) 5. PARCEL POST METHOD OF DESPATCH TO INDIA a.The goods must be packed suitably for postal despatch to India, and the parcel must be addressed to M/s. Mazagon Dock Limited., Mazagon, Mumbai 400 010, showing the Order Number, Item Number(s) and the Import Licence Number, on the Wrapper, below the address. 6. PACKING & MARKING a.The materials must be adequately packed in all respects for normal transport by Sea/Postal/Air despatch to India, suitably protected against the effects of a tropical salt-laden, atmosphere, in the event of delay at Indian Port, before clearing. b.Each class of material, and particularly electrical equipment should be packed separately and gross weight of individual cases kept under 4480 lbs. Where possible. If more than one case is included in shipment, cases should be numbered 01 and up & the corresponding number should be shown on the packing list, listing contents therein. Gross weight must be shown on each package to avoid penalty of Rs. 500/- by the local customs. All materials should be properly protected against ocean shipment particularly the possibility of rusting, corrosion or breakage. c.Every case / package must contain a packing note indicating particulars of the contents. d.All timber used in the packing of the materials is to be free from bark, insects and fungi. 7. The two ends of all packages should be colour splashed with a Blue background and a white diagonal line of 1" width. For identification. All cases are to be marked in letters 3" high wherever possible as under: MAZAGON DOCK LIMITED, MUMBAI Case No. ____________________________ Order No. ____________________________ Gross weight in Kgs. ____________________________ Nett weight in Kgs ____________________________ Outside dimensions ____________________________ Made in ____________________________ 8. Special marking instruction should comply with the Indian Merchandise Marks Act. ii.Order packing cases to be clearly marked Made in ___________________________ iii.Containers in packing boxes to be marked Made in ___________________________ iv.Goods included in containers and packing cases to be marked either by stamping or tie labels with either :- a.Made in _______________________________ (Country of Origin) b.Name of the manufacturers plus Country of Origin e.g. SIR WILLIAM ARROL & CO. LIMITED. ENGLAND. Tender no.: GM (M)/PPC/2000005639 Page 26 of 30 SAMPLE FORMAT OF SHIPPING INSTRUCTIONS (CONTD) 9. All spares and accessories shall be separately crated and labeled as "Spare Parts". 10. The following documents are to be airmailed to MAZAGON DOCK LIMITED. Mumbai, immediately they are ready to ensure that they reach us well in time before the arrival of the carrying vessel. a.Original and three copies of Clean Bill of Lading / Airway Bill. b.Six copies of signed invoice showing item wise, FOB prices along with packing lists. c.Certificate confirming that three copies of Invoice, Packing List, Non-negotiable copy of Bill of Lading / Airway Bill have been airmailed directly to us immediately on shipment. d.Certificate of country of origin in triplicate. e.Warranty certificate in triplicate. f.Six copies of Manufacturer's Works Test Certificate / Shop Test Certificate. g.Six copies of Certificate of Inspection and Approval from ABS / LRS / DNV / DOT or any other nominated inspection authority, (whichever is applicable). h.Certificate to the effect that copies of Instruction / Operation / Maintenance Manuals have been directly forwarded to the openers by the beneficiary. i.Certificate to that effect that six copies of as built drawings along with three reproducible drawings have been directly forwarded to the openers by the beneficiary. j.Certificate regarding penalty vis-à-vis delivery schedule. k.A performance bank guarantee of 5% of the order value in the format issued in the order (original + 2 xerox copies). The bank guarantee is to be valid during the tenure of the guarantee period for the equipment. 11. All documents should clearly indicate the following details: - a.Import License No. b.Our Order No. c.Name of carrying vessel. d.Bill of Lading No. e.Markings on packages. 12. ARRANGEMENTS FOR PAYMENTS: The documents are not under any circumstances, to be sent through bank, on collection basis. Wherever payments are to be arranged through Letter of Credit, a confirmed irrevocable Letter of Credit will be established on receipt of a confirmation about the period upto which the letter of credit is needed for shipment and negotiation. The Letter of Credit will be for the F.O.B. Value of the goods. No extension of the Letter of Credit will normally be granted. It must be ensured that the shipments effected before the expiry of date of the Letter of Credit. 13. For payment authorised out of India, U.K. special Defense Credit 1964, a certificate in the following form should also accompany the documents mentioned above: " I certify that good and services to the value of _______________________s, d, ________________ [amount in words] as shown in the attached invoice were supplied under Contract No. ____________________ dated _______________ . Tender no.: GM (M)/PPC/2000005639 Page 27 of 30 SAMPLE FORMAT OF SHIPPING INSTRUCTIONS (CONTD) I also certify that :[a] the goods supplied have been wholly manufactured in the United [b] the services have been supplied by persons or corporations resident in the United Kingdom. Kingdom. Signed For and on behalf of Name and address of the Contractor / Supplier. Date 14. INSURANCE & FREIGHT Insurance will be arranged through M/s IFFCO_TOKIO General Insurance Co. Ltd, 3rd floor, Asra Bldg., 182 Water field Rd, Bandra (W), Mumbai- 400 050, India. The details of shipment will be communicated to the underwriter by Mazagon Dock Limited., Mumbai, on receipt of shipment advice. Immediately after shipment, the supplier should communicate the following particulars to us by AIR MAIL, for arranging the Insurance cover. Order No. _______________________________________ Name of Vessel _______________________________________ Voyage _______________________________________ Bill of Lading No. & Date _______________________________________ No of Packages _______________________________________ Brief description of goods _______________________________________ F.O.B. Value _______________________________________ Nett Freight _______________________________________ 15. The cost of insurance and freight will be paid in India in convertible Indian Currency. 16. INSPECTION AND / OR GUARANTEE The goods supplied, will be subject to inspection and / or test as may be specified in our Purchase Order. Test Certificates, where required are to be supplied. A Guarantee in the following form should also be airmailed to us, along with the documents referred to above. We hereby guarantee that the stores supplied, are in accordance with the description and quantity shown in the purchase order, complete of goods material and workmanship throughout and that in the event of any goods on receipt of India, by the Purchaser being found not in accordance with the order, we will replace free of cost on C.I.F. basis. 17. DEFICIENCIES & DEFECTIVE GOODS Should any deficiencies be established, these must be made good by the despatch under "No Charge" invoice. Any complaints in regards to material will be notified within 180 days of receipt of consignment in our Yard, and any defective material will be returned back at supplier's risk and cost and the Contractor / Suppliers should replace these goods / materials and deliver free of charge on C.I.F. basis. Tender no.: GM (M)/PPC/2000005639 Page 28 of 30 SAMPLE FORMAT OF SHIPPING INSTRUCTIONS (CONTD) 18. The wharfage and demurrage will be to Contractor / Supplier's accounts for all shipments that reach us without bill of lading properly endorsed an accompanied by packing lists and invoices. The supplier shall be responsible for fines or increased customs charges due to errors or commissions in description, weight or measurement and for increased customs or wharfage and handling charge due to improper packing. It is also a condition of purchase that storage and demurrage payable to port authorities at the port of discharge in respect of shipment arriving before the actual receipt of the shipping documents will be borne by the Contractor / Supplier. 19. GENERAL Immediately on receipt of import licence for the import of the stores, an intimation will be given to the suppliers of the grant of licences, indicating the limiting factor and validity period. It must be ensured that shipment is made within the validity period of the licence as it is difficult to obtain extension of the validity period from the licensing authorities. However, no shipment must be effected without intimation of import licence particulars from us. A Photostat copy of the list of goods as approved by the licensing Authorities in India will also be supplied. To avoid difficulty in clearing the shipment through local customs the description and quantity as given in the invoice should confirm strictly to those indicated in the list of goods that will be supplied. 20. The shipping instructions herein shall be closely observed. All invoices shall bear the number of order. Packing list must show the seller's name, order number, nett and gross weight, outside dimensions and the markings if each package. Where materials covered by different order numbers are shipped in the same case, separate invoices and the packing lists must be made out for each order number. Wherever possible, material covered by two or more orders shall not be shipped in the same package. Four copies of all documents including packing lists should be forwarded, two sets before shipment is effected. 21. A certificate or consolidated statement of accounts should be issued to us in triplicate, indicating therein the final value at which the contract has been finally settled and the evidence of total remittance received against the order with a breakdown, wherever partial shipment were effected against individual invoices. 21.EXTRACTION FROM THE BROCHURE ARRANGEMENTS FOR GOVERNMENT (ANNEXURE VI) REGARDING INSTRUCTIONS ON OWNED / CONTROLLED SHIPPING CARGOES. Freight Rebates Agreements currently in force with a view to securing special freight reduction for general Liner Cargoes (imports) shipped on Government account, the Ministry of Shipping & Transport have entered into transportation agreements from time to time with the Conferences / Shipping Lines covering the following trade routes. a) Shipments from U.K. / Continent. i.Agreement with the India, Pakistan, Bangladesh Conference covers all Governmental cargoes emanating from U.K. including Northern Ireland (also EIRE), North Continent of Europe (West Germany, Holland, Belgium, France, Norway, Sweden, Denmark and ii.Finland), French and western Italian Ports on the continental seaboard of the Mediterranean, and the Port of Rostock in the German Democratic Republic. iii.Shipments on F.O.B. or FAS terms, arranged through the accredited forwarding agents of the Government of India will be entitled to an immediate rebate of 15% off gross Tariff rates. Tender no.: GM (M)/PPC/2000005639 Page 29 of 30 SAMPLE FORMAT OF SHIPPING INSTRUCTIONS (CONTD) iv.Immediate rebate will be 9 1/2 % off the gross Tariff rates in respect of (a) cargoes which are intended for sale or disposal commercially wither in their original or subsequently manufactured state (b) parcels of fertilizers and heavy chemicals, not subject to special quotations. Items of cargoes which are confirmed to STC / MMTC's monopoly will however receive 5% extra rebate in respect of FOB / FAS contract and 5% extra rebate in respect of CIF / OR / TURNKEY Contracts. v.For shipment of cargoes on CIF Turnkey terms, the Member Lines will grant an extra rebate of 5% on U.K. / North Continental Gross Tariff rates to Government consignees in addition to the 9 ½% immediate rebate admissible to the contract shippers, i.e. the foreign suppliers (or 10% deferred commission to non-contract foreign suppliers) provided the same is claimed by the Government Consignees within one year from the date of Bill of Lading. For this purpose, two copies of non-negotiable Bill of Lading indicating the gross freight amount thereon are required to be made available to the Shipping Co-ordination Officer in the Ministry of Shipping and Transport by the Suppliers / importers for necessary endorsement on one such copy and return to the Port Consignee for presenting to the carriers' agents for obtaining the extra 5% rebate on freight. The claim will be rejected if not referred by the consignee to the carriers' port agents within a period of one year from the date of Bill of Lading. vi.Extra rebate will not be payable in respect of cargo covered by a specially reduced freight quotation to the CIF / Turnkey supplier or shipper. vii.All contracts placed on CIF / Turnkey terms should include a stipulation that only vessels belonging to the Member Lines of the Conference will be utilised for carriage of cargoes covered by such contracts. If conference space is not available for any specific shipment, the Government shall have the right to seek dispensation to use other flag vessels. viii.In absence of original Bills of Lading after confirming the Government of India has title to the goods the Lines Agents in India will release the cargo against a Letter of Indemnity given by the Government of India, Government Department / Undertaking / Projects / Director of Supplies Embarkation Commandant at the port of discharge. The original Bills of Lading will be presented within one year of issuing of Letter of Indemnity. Tender no.: GM (M)/PPC/2000005639 Page 30 of 30
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